CARB Seeks to Amend TRU ATCM Regulation

The California Air Resources Board (CARB) is in the midst of amending the Transport Refrigeration Unit (TRU) Airborne Toxic Control Measure (ATCM) regulation. Specific to 3PLs, there are two amendments that CARB seeks to implement. First, CARB would like to amend the definitions of the regulation to include “Freight Contractor” and amend the requirements for vehicle owners and truck drivers to carry with them shipping documentation that includes the freight brokerage information.

As part of the discussion draft, CARB includes an amendment to add “Freight Contractor” under the definitions section. The draft definition reads:

“Freight Contractor” means any person involved in a transaction that requires the operation of a TRU in the State of California. This includes but is not limited to a shipper, receiver, carrier, broker, or any other intermediary party.”

We can only speculate that this is an attempt from CARB to ensure that all parties involved in the movement of a product on a TRU, in the state of California, would be subject to punishment and fines if all the requirements are not met.

It is worth noting that 3PLs are already subject to the TRU ATCM rules and required to only utilize compliant TRUs when arranging transportation in the state of California.

Secondly, CARB seeks to amend the vehicle owner and truck drivers’ requirements to include a provision that states that the vehicle owner or driver should carry with them their license, registration, compliance documentation, and shipping information including the “freight brokerage information.” This is already part of the current regulation but clarifies the language even further.

CARB is accepting comments on all the proposed changes until April 27, 2020. If you wish to make a comment, please click HERE.

TIA’s Hazmat and Environmental Subcommittee will review the proposed changes, and file comments as necessary.

For more information, please contact TIA Advocacy (advocacy@tianet.org, 703.299.5700).