State of California

AIR RESOURCES BOARD

EXECUTIVE ORDER R-06-007

Public Hearing to Consider the Adoption of a Proposed Regulation for
Mobile Cargo Handling Equipment at Ports and Intermodal Rail Yards

WHEREAS, on December 8, 2005, the Air Resources Board (the Board or ARB)
conducted a public hearing to consider adoption of regulation to reduce
emissions of diesel particulate matter (PM) and oxides of nitrogen (NOx)
from mobile cargo handling equipment that operate at ports and
intermodal rail yards in the State of California, as set forth in the
Initial Statement of Reasons released to the public on October 21, 2005;

WHEREAS, following the public hearing on December 8, 2005, the Board
adopted Resolution 05-62 in which the Board approved adoption of new
section 2479 of article 3, chapter 3, division 3, title 13, California
Code of Regulations (CCR), as set forth in Attachment A thereto;

WHEREAS, Resolution 05-62 directed the Executive Officer to take final
action to adopt the regulation set forth in Attachment A to Resolution
05-62, with specified modifications and such other conforming
modifications as may be appropriate, after making the  modified
regulatory language available for public comment for a period of at
least 15 days, provided that the Executive Officer shall consider such
written comments as may be submitted during this period, shall make
further modifications as may be appropriate in light of the comments
received, and shall present the regulation to the Board for further
consideration if she determines that this is warranted;

 

WHEREAS, on May 18, 2006, the modified regulatory text, reflecting the
modifications approved by the Board and other changes made to best
reflect the intent of the Board at the hearing, were made available for
public comment for a period of 15 days, with the changes to the
originally proposed text clearly indicated, in accordance with the
provisions of title 1, California Code of Regulations, section 44;
Attachment 1 hereto reflects the modified regulation as made available
for comment; and 

WHEREAS, written comments were received during the 15-day comment period
and those comments have been considered by the Executive Officer.

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained
in Resolution 05-62 are incorporated by reference herein.

IT IS FURTHER ORDERED that adoption of new section 2479, title 13, CCR
are adopted as set forth in Attachment 1 hereto.

Executed this     17th       day of     October     , 2006, at
Sacramento, California.

/s/

Catherine Witherspoon

Executive Officer

Attachment

Executive Order R-06-007	-  PAGE  2 -

