CARB TRU Regulations Go into Effect at End of Year

The California Air Resources Board (CARB) continues to move forward with its Transport Refrigeration Unit (TRU or Reefer) Regulations. Starting Dec. 31 of this year, owners/operators of refrigerated warehouses and distribution centers (in California) with a building size of 20,000 sq. ft. or more are required to register their facility w/CARB, pay applicable registration fees once every three years, and ensure compliance of TRUs operating at their facility.  Covered facility owners/operators may comply with the requirement to ensure TRU compliance by one of two options:  1) Report all TRUs that operate within the applicable facility property boundary to CARB, quarterly, or 2) Provide a declaration to CARB, under penalty of perjury, that non-compliant TRUs subject to the TRU ATCM will not be permitted to operate within the property boundary. For option 2, the regulation provides that “an applicable facility owner or applicable facility owner/operator may check if a given TRU is compliant by verifying that the TRU has a valid CARB compliance label or by checking identifiable information through CARB’s online system.”  CARB maintains a list that can be checked of 100% Compliant Carriers (with respect to TRUs). Nevertheless, it may be helpful to include contract language where the carrier is warranting or certifying that TRU’s operated at the warehouse facility are compliant with CARB’s TRU regulations.