STAFF REPORT: INITIAL STATEMENT OF REASONS FOR THE

PROPOSED AMENDMENTS TO THE STATEWIDE PORTABLE 

EQUIPMENT REGISTRATION PROGRAM REGULATION 

AND 

THE AIRBORNE TOXIC CONTROL MEASURE FOR DIESEL 

PARTICULATE MATTER FROM PORTABLE ENGINES 

Stationary Source Division 

Program Evaluation Branch 

Release Date: February 2, 2007 

State of California 

AIR RESOURCES BOARD 

STAFF REPORT: INITIAL STATEMENT OF REASONS 

FOR PROPOSED RULEMAKING

Public Hearing to Consider 

Proposed Amendments to the Statewide Portable Equipment 

Registration Program Regulation and the Airborne Toxic Control 

Measure For Diesel Particulate Matter From Portable Engines

To be considered by the Air Resources Board on March 22, 2007 at: 

California Environmental Protection Agency 

Headquarters Building 

1001 “I” Street 

Byron Sher Auditorium 

Sacramento, California 

STATIONARY SOURCE DIVISION 

Robert Fletcher, Chief 

Robert D. Barham, Assistant Chief 

Jorge Fernandez, Chief, Program Evaluation Branch 

Michael Guzzetta, Manager, Rule Evaluation Section 

This report has been reviewed by the staff of the California Air Resources Board and 

approved for publication. Approval does not signify that the contents necessarily reflect the 

views and policies of the Air Resources Board, nor does mention of trade names or 

commercial products constitute endorsement or recommendation for use. 

State of California 

AIR RESOURCES BOARD 

PROPOSED AMENDMENTS TO THE STATEWIDE PORTABLE EQUIPMENT 

REGISTRATION PROGRAM REGULATION AND AIRBORNE TOXIC CONTROL 

MEASURE FOR DIESEL PARTICULATE MATTER FROM PORTABLE ENGINES 

Primary Author

Joseph Gormley 

Contributing Authors

Chris Gallenstein 

Wayne Sobieralski 

Rich Miller 

Legal Counsel

George Poppic, Office of Legal Affairs 

Acknowledgements

This report was prepared with the assistance and support from the other divisions and 

offices of the Air Resources Board. In addition, we would like to acknowledge the 

assistance and cooperation that we have received from many individuals and 

organizations.

TABLE OF CONTENTS 

Section Page

Executive Summary................................................................................i 

I. Introduction.................................................................................I-1 

II. Portable Equipment Use and Existing Regulatory Programs.................II-1 

III. Summary of the Proposed Amendments.........................................III-1 

IV. Environmental Impacts..................................................................IV-1 

V. Economic Impacts........................................................................V-1 

Appendices

Appendix A: Proposed Amendments to the Statewide Portable Equipment 

Registration Program Regulation 

Appendix B: Proposed Amendments to the Airborne Toxic Control Measure 

For Diesel Particulate Matter From Portable Engines

Appendix C: Derivation of Back Registration and Inspection Fees 

Appendix D: Economic Impacts Analysis 

Appendix E: List of Acronyms 

i 

Staff Report: Initial Statement of Reasons 

for the Proposed Amendments to the Statewide Portable Equipment Registration 

Program Regulation and Airborne Toxic Control Measure For Diesel Particulate 

Matter From Portable Engines 

Executive Summary

A. INTRODUCTION

This Executive Summary outlines the Air Resources Board (ARB or Board) staff’s proposal to 

amend the Statewide Portable Equipment Registration Program Regulation (Statewide PERP 

Regulation). In addition, this summary will also outline the proposal to amend the Airborne 

Toxic Control Measure For Diesel Particulate Matter From Portable Engines (Portable Engine 

ATCM). 

This report comprises the Initial Statement of Reasons for the Proposed Amendments to the 

Statewide PERP Regulation and the Portable Engine ATCM as required by the 

Administrative Procedures Act (Government Code 11340 et seq.). The Executive Summary 

of this report provides an overview of the proposed amendments, a summary of staff 

recommendations, and a brief discussion of the environmental and economic impacts 

resulting from the proposal. The following portion of the report provides a more detailed 

presentation of the technical aspects of the proposed amendments. 

B. BACKGROUND 

The Statewide PERP Regulation

The ARB was mandated by California Health and Safety Code (HSC) sections 41750 

through 41755 to adopt a regulation to establish a uniform statewide program for the 

voluntary registration and regulation of portable engines and equipment units in California. 

Once registered in this voluntary program, portable engines and equipment units may 

operate throughout the State without having to obtain permits from the local air pollution 

control and air quality management districts (districts), providing industry with the flexibility 

to operate portable engines and equipment units under a uniform statewide registration 

program. The Statewide PERP Regulation was originally adopted by the Board on March 

27, 1997, and subsequently amended by the Board on December 10, 1998, February 26, 

2004, and June 22, 2006. 

The Portable Engine ATCM

The Board adopted The Portable Engine ATCM on February 26, 2004 to reduce the 

emissions of diesel particulate matter (PM) from diesel-fueled portable engines. The 

Portable Engine ATCM is one element in the implementation of ARB’s “Risk Reduction 

Plan to Reduce PM Emissions from Diesel-Fueled Engines and Vehicles” (Diesel Risk 

Reduction Plan). It establishes requirements for both the registration of diesel engines 

with the ARB and the permitting or registration of diesel engines by the districts. 
ii 

At its September 2006 meeting, the Board received public testimony concerning the inability 

to register older engines in PERP. After January 1, 2006, the Statewide PERP Regulation 

only allowed engines to register that met the current nonroad emission standards in effect at 

the time of application submittal. Pursuant to the testimony, the Board directed staff to 

consider options and report back to the Board. 

ARB staff, in consultation with affected industry and the districts, developed proposed 

emergency amendments to the Statewide PERP Regulation and the Portable Engine 

ATCM. The Board approved the emergency amendments at its December 7, 2006 public 

hearing, and they were approved by the Office of Administrative Law (OAL) on 

December 27, 2006. These emergency amendments have been filed with the Secretary of 

State and will be effective for a period not to exceed 120 days. 

The proposed amendments include recommendations to allow the permitting or registration 

of resident Tier 1 and 2 engines by either ARB or the districts (resident engines are those 

that have historically operated in California), the permitting of Tier 0 engines by the districts, 

compliance flexibility provisions for affected industry, collecting of back registration and 

inspection fees, and changes to the recordkeeping and reporting requirements. The 

proposed amendments contained in staff’s proposal are the result of discussions and 

negotiations with affected parties. These amendments will make permanent the emergency 

regulatory changes to Statewide PERP Regulation and the Portable Engine ATCM adopted 

by the Board on December 7, 2006, and provide additional clarity and expediency to the 

implementation of the Statewide PERP Regulation and Portable Engine ATCM. 

C. PORTABLE EQUIPMENT AND CURRENT REGULATIONS 

1. What is portable equipment?

Portable equipment is any piston-driven internal combustion engine and/or equipment unit 

that is designed and capable of being carried or moved from one location to another and 

would remain at a single location for less than 12 consecutive months. Unlike stationary 

engines and equipment, portable equipment may be moved to multiple locations throughout 

the State, where it may operate for several hours or several months. Portable engines and 

equipment units registered in the Portable Equipment Registration Program (PERP) are 

used for a variety of applications, such as: pumps; military tactical support equipment 

(TSE); cranes; oil well drilling; servicing and work-over rigs; power generators; dredging 

equipment; rock crushing; and screening equipment; welding equipment; woodchippers; 

and compressors. 

2. What types of businesses and public agencies use portable equipment?

Both private businesses and public agencies operate portable equipment registered in 

PERP. The types of businesses registering engines in PERP include motion picture 

studios; amusement parks; utilities; telecommunications; construction services; crushing, 

screening, and recycling services; industrial cleaning services; marine construction and 

dredging services; oil and gas operations; and rental services. Public agencies include 

schools and universities, county landfills, municipal utilities, wastewater treatment facilities, 

defense, public works departments, and transportation agencies. 
iii 

3. How is portable equipment regulated in California? 

a. ARB/U.S. EPA off-road engines standards 

Since January 1, 1996, new diesel-fueled portable engines sold in California have been 

subject to ARB’s Off-Road Compression Ignition emission standards. These standards are 

equivalent to the United States Environmental Protection Agency (U.S. EPA) emission 

standards for newly manufactured nonroad engines. (In California statutes, nonroad 

engines are referred to as off-road engines, therefore, these engines will be referred to as 

“off-road” in this report). The standards are tiered (i.e. Tier 1, 2, 3, and 4) with each set of 

standards phased in over several years based on the power rating of the engine and 

becoming progressively more stringent with each tier introduced. 

Since January 1, 2001, newly-manufactured large (greater than 25 bhp) spark-ignition (LSI) 

engines sold in California have been subject to ARB’s off-road LSI standards. 

The U.S. EPA also adopted federal standards that were equivalent to ARB standards, but 

also included a more stringent standard. Beginning in 2007, new LSI engines must meet a 

combined standard for oxides of nitrogen (NOx) and hydrocarbons (HC) of 2.0 grams per 

brake horsepower-hour (g/bhp-hr). 

b. Airborne Toxic Control Measure for Diesel-Fueled Portable Engines 

On February 26, 2004, the Board adopted the Portable Engine ATCM. This regulation 

became effective on March 11, 2005. The current Portable Engine ATCM requires portable 

diesel-fueled engines that have not been permitted or registered prior to January 1, 2006, to 

meet the most stringent of the federal or California emission standards for nonroad engines 

in effect at the time of registration or permitting. This requirement was also incorporated 

into the Statewide PERP Regulation. 

c. Portable Equipment Unit Standards 

Registered equipment units are required to meet emission limits (82 pounds per day and 

10 tons per year per district of PM10 (particulate matter sized less than 10 microns)) as well 

as emission control requirements based on the type of equipment unit. 

d. District Permit Programs 

Permit requirements vary from district to district depending on the state of the air quality in 

the district. While some districts exempt portable engines altogether, other districts may 

require portable engines to meet emission limits that are equivalent to Best Available 

Control Technology (BACT). For some districts, BACT for portable engines means that the 

engine is certified to ARB/U.S. EPA off-road emissions standards. Districts may also 

restrict the operating hours of portable engines to reduce air quality impacts to acceptable 

levels. An owner that operates portable equipment in multiple districts would be required to 

obtain a permit from each district, pay fees, and adhere to different sets of regulations as 

they move equipment among different districts. 
iv 

e. Statewide Portable Equipment Registration Program 

In lieu of obtaining multiple permits from individual districts, a portable equipment owner can 

register in PERP. Currently, portable equipment owners have registered over 

33,500 engines, equipment units, and Tactical Support Equipment (TSE) in PERP. Of this 

amount, there are over 24,500 engines registered which represent nearly half of the 

estimated statewide inventory of portable engines. Most of the engines are diesel-fueled 

engines. The Statewide PERP Regulation was designed to promote the use of clean 

portable engines in California. By January 1, 2010, only diesel engines certified to 

ARB/U.S. EPA nonroad engine emission standards (Tier 1, 2, or 3) can continue to operate 

in PERP. This means that any diesel engines currently registered in the program that do 

not meet at least Tier 1 standards must be replaced with certified engines by that date. 

After January 1, 2010, spark-ignition engines may continue to operate if they are certified to 

ARB/U.S. EPA LSI engine standards, or if the emission standards listed in Table 1 of the 

Statewide PERP Regulation are met. 

D. PUBLIC PROCESS 

On November 20, 2006, ARB staff held a public consultation meeting in Sacramento. Staff 

provided attendees with the option of participating in the meetings by audio teleconference 

or in person. Staff also conducted a number of additional conference calls and in-person 

stakeholder meetings to further discuss the proposed amendments. 

ARB staff held public a workshop on January 19, 2007 in Sacramento to solicit comments 

from the public on the proposed amendments. The Sacramento workshop was also 

teleconferenced for meeting participants that were unable to attend in person. In addition, 

the workshop was also broadcast on the Internet for meeting participants that were unable 

to attend in person. Broadcast viewers were able to submit comments and questions by 

email during the workshop so that staff could address their concerns or answer their 

questions. 

Staff also used an e-mail list serve to notify interested parties of the meeting dates and the 

availability of information to be discussed at the meetings. In addition, a web site was 

developed where interested parties could download information such as meeting agendas 

and staff proposals, as well as providing links to other-related ARB websites. The website 

address is located at http://www.arb.ca.gov/portable/perpact/perpact.htm.

Staff participated in numerous individual meetings and conference calls with affected 

industries to address specific concerns. Staff revised the proposed amendments to the 

Statewide PERP Regulation and Portable Engine ATCM in consideration of the comments 

received during the public process. Staff made every effort to consider all comments and 

recommendations received. 
v 

E. SUMMARY OF THE PROPOSED AMENDMENTS 

The proposed amendments to the Statewide PERP Regulation and Portable Engine ATCM 

are summarized below:

1. Tier 0 Engines

Tier 0 engines are those that are not certified to a California or federal nonroad 

emission standard. The Portable Engine ATCM will be amended to allow the districts to 

permit or register Tier 0 engines at their discretion, as long as the engines were operated in 

California at any time between March 1, 2004 and October 1, 2006, or are designated as 

exclusively emergency use or low use. 

2. Resident Engines

The definition of resident engine will be amended in the Statewide PERP Regulation to 

include those Tier 1 and Tier 2 engines that have been operating in California at any time 

between March 1, 2004 and October 1, 2006. This revised definition will prevent the 

importation of Tier 1 and 2 engines from out of State, which would negatively impact the 

State’s ambient air quality. The Portable Engine ATCM will also incorporate the residency 

time period requirement to allow only certified engines operating in California during that 

timeframe to be permitted or registered by the districts. 

3. Tier 1 and 2 Engines

The Portable Engine ATCM and Statewide PERP Regulation will be amended to allow 

either the district to permit or ARB to register “resident” Tier 1 and Tier 2 engines that do not 

meet the current nonroad emission standard in effect. Under certain conditions, previous 

tier engines will be eligible for PERP or district permits for 6 months after a tier standard 

change. Starting January 1, 2010, only engines meeting the most current tier in effect will 

be allowed to seek a Permit to Operate or Registration, as is required by the current 

regulations. 

4. Recordkeeping and Reporting

The Statewide PERP Regulation will be amended to remove the hour meter requirement for 

rental equipment units. These rental equipment units are already required to track daily 

throughput, which is sufficient for determining compliance with daily emission limitations. 

The additional tracking of hours of operation for these units is redundant and places an 

undue burden on industry. 

5. Registration Fees

The Statewide PERP Regulation will be amended to collect back registration and inspection 

fees for the resident Tier 1 and Tier 2 engines that do not meet the current nonroad 

emission standards in effect. The proposed fee schedule would favor those owners and/or 

operators that act early. Fees would be collected from either the year of purchase or the 

model year of the engine. Fees would be higher for the registration of Tier 1 engines if a 

Tier 2 standard was in effect at the time of purchase. The bulk of these back fees will be 

redirected to the districts for compliance programs. 
vi 

6. Compliance Flexibility

ARB staff proposes a new provision be added to the Portable Engine ATCM that would 

provide compliance flexibility during those times when it can be verified to the ARB 

Executive Officer that compliant engines are not available in sufficient quantities. During 

these times, it would not be required for engines registering in PERP to show residency or 

pay the back fees as proposed in these amendments. 

7. Miscellaneous Amendments

ARB Staff proposes that TSE be exempt from the Placard requirement. The purpose of the 

placards is to assist the districts in the identification of unpermitted equipment. Since TSE 

may be moved on and off a military base without notification, placards on TSE will not be 

useful to the districts in detecting unpermitted units. 

ARB staff are proposing to modify, add, and delete terms in the definitions section, delete 

outdated provisions, and to make minor revisions where needed. These changes are 

generally non substantive and are intended to provide additional clarity and expediency to 

the Statewide PERP Regulation and Portable Engine ATCM, and to ensure consistency 

between regulatory requirements and registration processing practices. 

F. ENVIRONMENTAL AND ECONOMIC IMPACTS OF THE PROPOSED 

AMENDMENTS 

1. What are the expected environmental impacts of the proposed amendments?

Over time, it is expected that the proposed amendments to the Statewide PERP Regulation 

and Portable Engine ATCM would likely result in reductions of NOx and diesel particulate 

matter (PM) emissions, however, the reductions cannot be quantified. These reductions 

would occur primarily due to increased participation by businesses in either the statewide 

registration program or district permitting programs. Increased participation will be 

encouraged in part though increased enforcement activities and outreach funded by the 

fees associated with these amendments. This increased participation will ensure that 

registered engines and equipment units are in compliance with all applicable emission 

requirements, particularly engine replacement requirements. The biggest benefit for air 

quality is expected to come from the thousands of engines operating without permits or 

registrations that will be brought into compliance and eventually replaced with cleaner 

engines in the future. All Californians would benefit, particularly those living in areas where 

the State and federal ambient air quality standards for ozone and PM are exceeded. 

 

2. What are the economic impacts of the proposed amendments? 

ARB staff estimates that the total economic impact of the proposed amendments to the 

Statewide PERP Regulation to affected private businesses and public agencies is 

$6.6 million over its lifetime ($6.1 million for private businesses and $0.5 million for public 

agencies). The economic impact is due to the collection of back fees. There is no 

economic impact from the proposed amendments to the Portable Engine ATCM. 
vii 

The alternative to paying these back fees is to replace the engines with new engines that 

meet the current emission standards. The cost savings of these engines being regulated 

instead of being replaced is significant. The average cost of a new engine is approximately 

$25,000 (based on an estimated average size of 140 bhp). An estimated 10,000 older 

engines are expected to register in PERP over the next three years under these proposed 

amendments. Therefore, the cost to replace these engines would have been $250 million. 

With an expected cost of just 6.6 million to register these engines in PERP, that is an 

estimated savings of $243.4 million to the private businesses and public agencies. 

G. NEXT STEPS 

Upon approval by the Board, ARB staff will continue to implement the Statewide PERP 

Regulation and conduct outreach efforts with affected parties, industry associations, and 

governmental agencies. ARB staff will work with the California Air Pollution Control Officers 

Association (CAPCOA) and affected parties to inform owners and operators of PERP 

registered equipment of the amendments to the Statewide PERP Regulation and Portable 

Engine ATCM. ARB staff will work with the districts to identify portable equipment owners 

that have not obtained permits or registration in PERP. These owners will need to be 

brought into the regulatory process so that all portable engines and equipment units in the 

State are ultimately complying with applicable requirements. Efforts have already been 

underway to compile a comprehensive list of every contractor in California, who will then be 

mailed an informational postcard about PERP. Flyers are in development that will be 

posted at other local government agencies where owners of portable equipment will have to 

conduct business. ARB staff is also contacting industry associations in an effort to inform 

owners and operators of the proposed amendments.

H. RECOMMENDATION 

The staff recommends that the Board approve the proposed amendments to the Statewide 

PERP Regulation and Portable Engine ATCM. The proposed amendments would retain the 

flexibility of operating registered engines and equipment units throughout the State without 

having to obtain multiple district permits. In addition, the amendments would provide clarity, 

increase participation in PERP, and provide for increased resources needed by the districts 

to effectively enforce the Statewide PERP Regulation. 
 
I-1 

State of California 

AIR RESOURCES BOARD 

I. INTRODUCTION 

In this section, the ARB staff provides an overview of this report, discusses the purpose of 

the proposed amendments, and discusses the regulatory authority ARB has to adopt the 

proposed amendments. This chapter also provides background information on the 

Statewide PERP Regulation and Portable Engine ATCM, and discusses the outreach efforts 

of ARB staff in developing the proposed amendments. 

A. OVERVIEW 

This staff report outlines ARB staff’s proposed amendments to the Statewide PERP 

Regulation (contained in Appendix A) and the Portable Engine ATCM (contained in 

Appendix B). The Statewide PERP Regulation was originally approved by the Board on 

March 27, 1997, and subsequently amended by the Board on December 10, 1998, 

February 26, 2004, and June 22, 2006. The Statewide PERP Regulation establishes a 

voluntary program for the registration and regulation of portable engines and equipment 

units operating in California. Once registered in this voluntary program, portable engines 

and equipment units can operate throughout the State without having to obtain permits from 

the local air pollution control and air quality management districts (districts). However, the 

districts are responsible under State law for enforcing the requirements of the Statewide 

PERP Regulation. 

The Board adopted The Portable Engine ATCM on February 26, 2004 to reduce the 

emissions of diesel particulate matter (PM) from diesel-fueled portable engines. The 

Portable Engine ATCM is one element in the implementation of ARB’s “Risk Reduction 

Plan to Reduce PM Emissions from Diesel-Fueled Engines and Vehicles” (Diesel Risk 

Reduction Plan). It establishes requirements for both the registration of diesel engines 

with the ARB and the permitting or registration of diesel engines by the districts. 

At its September 2006 meeting, the Board received public testimony concerning the inability 

to register older engines in PERP. After January 1, 2006, the Statewide PERP Regulation 

only allowed engines to register that met the current nonroad emission standards in effect at 

the time of application submittal. Pursuant to the testimony, the Board directed staff to 

consider options and report back to the Board. 

ARB staff, in consultation with affected industry and the districts, developed proposed 

emergency amendments to the Statewide PERP Regulation and the Portable Engine 

ATCM. The Board approved the emergency amendments at its December 7, 2006 public 

hearing, and they were approved by the Office of Administrative Law (OAL) on 

December 27, 2006. These emergency amendments have been filed with the Secretary of 

State and will be effective for a period not to exceed 120 days. 
I-2 

The proposed amendments contained in staff’s proposal are the result of extensive 

discussions and negotiations with affected parties. They will make permanent the 

emergency regulatory changes to Statewide PERP Regulation and the Portable Engine 

ATCM that the Board adopted on December 7, 2006, provide additional clarity and 

expediency to the Statewide PERP Regulation and Portable Engine ATCM, and ensure 

consistency between regulatory requirements and registration processing practices. 

This report discusses portable equipment use and existing regulatory programs for portable 

equipment and summarizes the proposed amendments to the Statewide PERP Regulation 

and Portable Engine ATCM. Chapters IV and V discuss the environmental and economic 

impacts of the proposal. The proposed amended Statewide PERP Regulation and Portable 

Engine ATCM are presented in Appendix A and B. 

B. PURPOSE 

The primary purpose of the proposed amendments to the Statewide PERP Regulation is to 

more readily bring diesel engines into a regulatory structure so that they may meet current 

and future emission requirements. The control and replacement of these engines under a 

permit or registration program will bring forth faster emission reductions than seeking out 

unpermitted engines. In addition, staff is proposing minor changes to increase clarity and 

expediency of the regulation. 

The primary purpose of the amendments to the Portable Engine ATCM is to enhance the 

reduction of the general public's exposure to diesel PM from diesel-fueled portable 

engines. This is accomplished by allowing more engines to be under the regulatory 

structure that imposes diesel PM emission standards which get progressively more 

stringent by 2013, 2017, and 2020. These standards create additional diesel PM 

emission reductions beyond those that would be achieved from normal engine turnover 

after 2010. 

C. REGULATORY AUTHORITY 

Statewide PERP Regulation

California Health and Safety Code (HSC) sections 41750 through 41755 mandate that the 

ARB adopt a regulation to establish a uniform statewide program for the registration and 

regulation of portable engines. In developing these regulations, ARB is required to evaluate 

emissions, identify emission control technologies, hold public hearings, establish emission 

limits and control requirements, and develop a fee schedule to cover the costs to adopt and 

administer the program, including the cost of district enforcement. 

HSC section 41752(e) specifies that the Board may periodically revise and update the 

registration regulations including, but not limited to, revising and updating a determination of 

best available control technology for portable engines. As stated earlier, the Board 

approved the Statewide PERP Regulation on March 27, 1997, and amended it on 

December 10, 1998, February 26, 2006, and June 22, 2006. 
I-3 

In addition, HSC sections 39600 (General Powers) and 39601 (Standards, Definitions, 

Rules, and Measures) confers on ARB the general authority and obligation to adopt rules 

and measures necessary to execute the Board's powers and duties imposed by State law. 

The California Clean Air Act of 1988 granted ARB authority to adopt standards and 

regulations for off-road vehicles and equipment. (HSC sections 43013(b) and 43018). 

The federal Clean Air Act Amendments (CAA) of 1990 gave the United States 

Environmental Protection Agency (U.S. EPA) authority to regulate new nonroad (off-road) 

engines. The amendments created a federal preemption that, in general, prevents states 

from adopting emissions standards or other requirements for nonroad engines [CAA, 

section 209(e)]. Portable engines are a subset of off-road engines. However, recognizing 

the special circumstances confronting California, Congress allows California, upon receiving 

authorization from the U.S. EPA, to adopt standards for preempted equipment with the 

exception of new engines less than 175 brake-horsepower (bhp) used in farm and 

construction operations. 

Portable Engine ATCM

Several sections of the California Health and Safety Code (HSC) provide the ARB with 

authority to adopt the proposed Portable Engine ATCM. HSC sections 39600 (General 

Powers) and 39601 (Standards, Definitions, Rules, and Measures) confer to the ARB 

the general authority and obligation to adopt rules and measures necessary to execute 

the Board's powers and duties imposed by State law. 

More specifically, California's Air Toxics Program, established under California law by 

Assembly Bill (AB) 1807 (Stats. 1983, Ch. 1047), and set forth in Health and Safety 

Code sections 39650 through 39675, mandates the identification and control of air 

toxics in California. The identification phase of the Air Toxics Program requires the 

ARB, with participation of other state agencies, such as the Office of Environmental 

Health Hazard Assessment (OEHHA), to evaluate the health impacts of and exposure 

to substances and to identify those substances that pose the greatest health threat as 

toxic air contaminants (TACs). The ARB's evaluation is made available to the public 

and is formally reviewed by the Scientific Review Panel (SRP), established under 

Health and Safety Code section 39670. Following the ARB's evaluation and the SRP's 

review, the Board may formally identify a TAC at a public hearing. Following the 

identification of a substance as a TAC, Health and Safety Code sections 39658 and 

39665 require the ARB, with the participation of the districts, and in consultation with 

affected sources and interested parties, to prepare a report on the need and appropriate 

degree of regulation for that substance (risk management phase). 

In August 1998, the Board identified diesel PM as a TAC, and in September 2000, the 

ARB adopted the "Risk Reduction Plan to Reduce Particulate Matter Emissions from 

Diesel-fueled Engines and Vehicles" (Diesel Risk Reduction Plan). The Diesel Risk 

Reduction Plan was the first formal product of the risk management phase and serves 

as the needs assessment under the AB 1807 process. In the Diesel Risk Reduction 

Plan, the ARB identified the available options to reduce diesel PM and the 

recommended control measures to achieve reductions, including a measure to reduce 

diesel PM from diesel-fueled portable engines.
I-4 

In 1999, California’s Air Toxics Program was amended by Senate Bill 25 (Stats. 1999, 

Ch. 731) to provide additional requirements for further consideration of health impacts to 

infants and children. As part of these requirements, OEHHA was to identify up to five 

TACs as making children especially susceptible to illness. OEHHA published the 

"Prioritization of Toxic Air Contaminants under the Children's Environmental Health 

Protection Act" in October 2001, identifying diesel PM as one of the five TACs. 

Additional requirements established by Senate Bill 25 in Health and Safety Code 

section 39669.5 directs the ARB to adopt control measures, as appropriate, to protect 

public health, particularly infants and children, from these specially identified TACs. 

This Portable Engine ATCM was established to fulfill the goals of the Diesel Risk 

Reduction Plan and to comply with the requirements of H&S Code section 39666 and 

39669.5 to prevent an endangerment to public health.

D. PUBLIC PROCESS 

On November 20, 2006, ARB staff held a public consultation meeting in Sacramento. Staff 

provided attendees with the option of participating in the meetings by audio teleconference 

or in person. Staff also conducted a number of additional conference calls and in-person 

stakeholder meetings to further discuss the proposed amendments. 

ARB staff held a public workshop on January 19, 2007 in Sacramento to solicit comments 

from the public on the proposed amendments. The Sacramento workshop was also 

teleconferenced for meeting participants that were unable to attend in person. In addition, 

the workshop was also broadcast on the Internet for meeting participants that were unable 

to attend in person. Broadcast viewers were able to submit comments and questions by 

email during the workshop so that staff could address their concerns or answer their 

questions. 

Staff also used an e-mail list serve to notify interested parties of the meeting dates and the 

availability of information to be discussed at the meetings. In addition, a website was 

developed where interested parties could download information such as meeting agendas 

and staff proposals, as well as providing links to other-related ARB websites. The website 

address is located at http://www.arb.ca.gov/portable/perpact/perpact.htm.

Staff participated in numerous individual meetings and conference calls with affected 

industries to address specific concerns. Staff revised the proposed amendments to the 

Statewide PERP Regulation in consideration of the comments received during the public 

process. Staff made every effort to consider all comments and recommendations received.
II-1 

II. PORTABLE EQUIPMENT USE AND EXISTING REGULATORY PROGRAMS 

This chapter describes the uses of portable equipment (engines and equipment units) that 

are registered in PERP. In addition, this chapter describes the types of businesses that use 

portable equipment and the existing regulatory programs that currently impact portable 

engines used in California. 

A. SUMMARY OF PORTABLE EQUIPMENT USE AND ACTIVITIES 

Portable equipment is any piston-driven internal combustion engine and/or equipment unit 

that is designed and capable of being carried or moved from one location to another and 

would remain at a single location for less than 12 consecutive months. Unlike stationary 

engines or equipment, portable equipment may be moved to several locations throughout 

the State, where it may operate for several hours or several months. Portable engines and 

equipment units registered in PERP are used for a variety of applications, such as pumps, 

military tactical support equipment, cranes, oil well drilling, servicing and work-over rigs, 

power generators, dredging equipment, rock crushing and screening equipment, welding 

equipment, woodchippers, and compressors. 

Both private businesses and public agencies operate portable equipment in California. 

Examples of businesses that use portable engines in their activities include motion picture 

studios; amusement parks; utilities; construction services; crushing, screening, and 

recycling services; industrial cleaning services; marine construction and dredging services; 

oil and gas companies; and rental services. Examples of public agencies that use portable 

engines include public schools and universities, local governments, county landfills, 

municipal utilities, wastewater treatment facilities, military installations, and the California 

Department of Transportation. 

There is significant variation in the size as well as the way that portable engines are used. 

The size of engines can range from about 50 horsepower to greater than 3,000 horsepower. 

The average annual operating hours for portable diesel-fueled engines is about 450 hours 

per year. Due to the mobile nature of portable engines, the emissions typically would not 

occur in one location, but would be spread out over many locations over the course of a 

year. In addition, the actual operation of a specific engine can vary significantly from the 

average. For example, engines used only for emergency applications may operate less 

than 20 hours per year. Conversely, some portable activities can operate more than 

2,000 hours per year. Finally, the engine’s load varies, depending upon the application. 

The average load is typically 50 percent of maximum load. Similar to the variability in the 

hours of operations, an engine's load can vary significantly from application to application, 

from 25 percent to 80 percent of maximum load. 

B. EXISTING REGULATORY PROGRAMS 

This section describes the federal preemption that limits the authority of ARB and districts to 

regulate portable engines. This section also describes specific federal, State, and local 

programs that currently impact portable engines used in California, including ARB/U.S. EPA 

emission standards for newly manufactured off-road engines, PERP, and the district 

permitting programs. All of these programs play a role in the efforts of ARB and the districts 

to attain the State and federal ambient air quality standards, particularly the ozone and 
II-2 

particulate matter standards. Consequently, the focus of the programs has been to reduce 

emissions of NOx and PM, and to a lesser extent reduce emissions of carbon monoxide 

(CO) and HC. 

1. Federal Preemption 

The federal Clean Air Act (CAA) Amendments of 1990 authorized U.S. EPA to regulate new 

nonroad engines. The amendments created a federal preemption that prevents states from 

adopting emission standards or other requirements for nonroad engines (CAA, section 

209(e)). Portable engines are a subset of off-road engines. However, recognizing the 

special circumstances confronting California, Congress provided that the State of California, 

upon receiving authorization from the U.S. EPA, can adopt and enforce standards for most 

classes and categories of off-road engines. In California statutes, nonroad engines are 

referred to as off-road engines; therefore, these engines will be referred to as “off-road” in 

this report. 

The federal preemption prevents all states, including California, from setting standards for 

regulating new off-road engines less than 175 hp that are used in farm and construction 

operations. However, states do maintain the authority to establish in-use restrictions such 

as limiting the hours of operation. 

 2. State and Federal New Engine Emission Standards 

a. Compression-Ignition Engine Standards 

Since January 1, 1996, new diesel fueled portable engines sold in California have been 

subject to ARB’s Off-Road Compression Ignition emission standards (title 13, California 

Code of Regulations (CCR), sections 2320 et seq.), which are equivalent to the U.S. EPA 

emission standards for newly manufactured nonroad (off-road) engines 

(40 CFR, Part 89). The standards are tiered (i.e. Tier 1, 2, 3, and 4), with each set of 

standards phased in over several years based on the power rating of the engine and 

becoming progressively more stringent with each Tier introduced. 

b. Airborne Toxic Control Measure for Diesel-Fueled Portable Engines 

On February 26, 2004, the Board adopted the Portable Engine ATCM, which became 

effective on March 11, 2005. The Portable Engine ATCM requires portable diesel-fueled 

engines that have not been permitted or registered prior to January 1, 2006, to meet the 

most stringent of the federal or California emission standards for off-road engines in effect 

at the time the application is submitted. This requirement was also incorporated into the 

Statewide PERP regulation. The Portable Engine ATCM also imposes fleetwide emissions 

standards for PM10 which get progressively more stringent by 2013, 2017, and 2020. 
II-3 

c. Spark-Ignition Engine Standards 

As mentioned above, the CAA Amendments provided for ARB to adopt and enforce its own 

standards and regulations for off-road engines. Since January 1, 2001, newlymanufactured large (greater than 25 bhp) spark-ignition (LSI) engines sold in California 

have been subject to ARB’s off-road LSI engine standards (Title 13, CCR Sections 2410 et 

seq.). The standards are also tiered. The U.S. EPA also adopted federal standards (found 

in 40 CFR part 1048 (Control of Emissions From New, Large Nonroad Spark-ignition 

Engines)) that were equivalent to ARB standards, but also included a more stringent 

standard. Beginning in 2007, new LSI standards must meet a combined standard for NOx 

and HC of 2.0 grams per brake horsepower-hour (g/bhp-hr). 

3. Statewide Portable Equipment Registration Program

In lieu of obtaining multiple permits from individual districts, a portable engine owner can 

register the engine in PERP. As of December 20, 2006, portable engine and equipment 

unit owners have registered an estimated 33,500 total engines, equipment units, and TSE in 

PERP. Of this amount, there are over 24,500 engines registered which represent nearly 

half of the estimated statewide inventory of portable engines. Of the 24,500 engines, 

approximately 23,600 are diesel fueled engines while the additional 900 engines are 

gasoline, natural gas, kerosene, methanol, or liquid petroleum gas-fueled engines. 

There are also approximately 2,700 equipment units registered in PERP. Of these 

equipment units, approximately 40 percent are used in rock crushing and screening units, 

23 percent media blasting units, 14 percent wood chippers. The remaining units include tub 

grinders, rock drills, conveyors, and other miscellaneous units. In addition, there are over 

6,300 military TSE registered in the program. Approximately 90 percent of tactical support 

equipment utilize diesel or JP-8 fueled engines. 

The Statewide PERP Regulation was designed to promote the use of clean portable 

engines in California. By January 1, 2010, only diesel engines certified to ARB/U.S. EPA 

nonroad engine emission standards (Tier 1, 2, or 3) can continue to operate in PERP. This 

means that any diesel engines currently registered in the program that do not meet at least 

Tier 1 standards must be replaced with certified engines by that date. After January 1, 

2010, spark-ignition engines may continue to operate if they are certified to ARB/U.S. EPA 

LSI engine standards, or if they can meet the emission standards listed in Table 1 of the 

Statewide PERP Regulation. 

4. District Permit Programs 

Portable engines not registered in PERP may be subject to district permitting requirements. 

District permit requirements will vary, depending on the attainment status in the district. 

Some districts have implemented registration programs specifically for portable engines and 

equipment units. Owners of portable engines in these districts can register engines with the 

district by demonstrating the engines meet specific emission rates. Some districts 

specifically exempt portable engines from permit requirements or have specific 

requirements for individual types of portable engines and/or equipment.
III-1 

III. SUMMARY OF THE PROPOSED AMENDMENTS 

This chapter is intended to meet the requirements of Government Code section 11343.2 by 

providing to the public a "plain English" discussion of the proposed amendments to the 

Statewide PERP Regulation and Portable Engine ATCM. 

A. MODIFICATIONS TO THE STATEWIDE PERP REGULATION 

The Board is authorized by California Health and Safety Code (HSC) sections 41750 

through 41755 to adopt a regulation to establish a uniform statewide program for the 

registration and regulation of portable engines. The Statewide PERP Regulation was first 

adopted by the Board on March 27, 1997, and amended by the Board on December 10, 

1998, February 26, 2004, and June 22, 2006. The Statewide PERP Regulation establishes 

a program to register portable engines and equipment units in California. Once registered 

in this voluntary program, portable equipment units may operate throughout the State 

without having to obtain permits from the districts, providing industry with the flexibility to 

operate portable engines and equipment units under a uniform statewide registration 

program. 

At its September 2006 meeting, the Board received public testimony concerning the inability 

to register older engines in PERP. After January 1, 2006, the Statewide PERP Regulation 

only allowed engines to register that met the current nonroad emission standards in effect at 

the time of application submittal. Pursuant to the testimony, the Board directed staff to 

consider options and report back to the Board. 

ARB staff, in consultation with affected industry and the districts, developed proposed 

emergency amendments to the Statewide PERP Regulation. The Board approved the 

emergency amendments at its December 7, 2006 public hearing, and they were approved 

by the Office of Administrative Law (OAL) on December 27, 2006. These emergency 

amendments have been filed with the Secretary of State and will be effective for a period 

not to exceed 120 days. 

The proposed amendments include recommendations to allow registration of resident Tier 1 

and 2 engines, compliance flexibility provisions for affected industry, collection of back 

registration and inspection fees, and changes to the recordkeeping and reporting 

requirements. The proposed amendments contained in staff’s proposal are the result of 

extensive discussions and negotiations with affected parties. They will make permanent the 

emergency regulatory changes to Statewide PERP Regulation adopted by the Board on 

December 7, 2006, and provide additional clarity and expediency to the Statewide PERP 

Regulation. Staff believes the proposed amendments represent a fair and equitable 

balance between flexibility for affected industries and the emission reductions from the 

Statewide PERP Regulation. 

1. Resident engines 

The proposed amendments would amend the definition of resident engine in the Statewide 

PERP Regulation and to include those Tier 1 and Tier 2 engines that have been operating 

in California at any time between March 1, 2004 and October 1, 2006. This revised 

definition will prevent the importation of Tier 1 and 2 engines from out of State, which would 
III-2 

negatively impact the State’s ambient air quality. Engines that qualified in PERP as 

resident would have to show documentation as proof of residency. As before, when PERP 

accepted resident engines previously, acceptable forms of documentation may include 

purchase records, maintenance records, company inventory lists, tax records, or other 

usage records. A signed statement from the operator will not be sufficient proof of 

residency. 

2. Tier 1 and Tier 2 engines 

ARB staff recommends allowing the registration in PERP of Tier 1 and Tier 2 engines that do 

not meet the current nonroad emission standard in effect, provided that they meet the newly 

amended definition of resident engine. 

Tier 1 engine means a certified nonroad engine according to the model year and brake 

horsepower (bhp) rating as follows: 

bhp range model years 

≥50 to <100 1998 to 2003 

≥100 to <175 1997 to 2002 

≥175 to <300 1996 to 2002 

≥300 to <600 1996 to 2000 

≥600 to <750 1996 to 2001 

>750 2000 to 2005 

Tier 2 engine means a certified nonroad engine according to the model year and brake 

horsepower (bhp) rating as follows: 

bhp range model years 

≥50 to <100 2004 to 2007 

≥100 to <175 2003 to 2006 

≥175 to <300 2003 to 2005 

≥300 to <600 2001 to 2005 

≥600 to <750 2002 to 2005 

>750 2006 to 2010 

In addition, ARB staff proposes a new provision be added to the Portable Engine ATCM that 

will be incorporated by reference into the Statewide PERP Regulation. This provision would 

allow the registration of previous Tier engines for 6 months after a new tier takes effect, 

under certain circumstances. These provisions would only affect engines that were subject 

to a tier standard change in any given year, and they would not have to demonstrate 

residency or pay the back fees as proposed in these amendments. New tier standards are 
III-3 

generally recognized to take effect at the start of the calendar year, so previous tier engines 

may be registered until July 1st on any year after a tier change. The provision would apply 

differently to equipment dealers or distributors than to the ultimate purchaser of the portable 

engine.

a. Ultimate user (owner or operator) 

Anyone who buys a previous tier engine from a dealer or distributor would have to 

demonstrate that they ordered the engine up to six months prior to the tier change 

and that they had not taken possession of the engine before the tier change. Once 

they did take possession, they would then be able to register the engine up to 

6 months after the new tier takes effect (by July 1st). 

b. Equipment dealers or distributors 

 

The engine must have met the current tier in effect when the dealer or distributor 

took possession of the engine. After the dealer takes possession, the engine must 

be registered within 6 months after a tier change takes effect. Since a customer can 

only buy a previous tier engine if it is demonstrated that they ordered it before the 

tier change, a dealer could not sell his existing fleet of previous tier engines. The 

dealer would have to register all of his existing stock to himself and then the 

customers could submit a change of ownership. 

Starting January 1, 2010, only engines meeting the most current tier in effect at the time an 

application is submitted will be allowed to seek initial PERP Registration, as is required by 

the current Statewide PERP Regulation and Portable Engine ATCM. 

3. Compliance Flexibility 

Staff proposes that after 6 months has passed from the start of a new tier standard, there 

should be compliance flexibility during those times when it can be verified to the ARB 

Executive Officer that compliant engines are not available in sufficient quantities. This 

provision would only be available if reliable information from the engine manufacturers, 

equipment distributors, and equipment dealers is supplied to the ARB. Reliable information 

from engine manufacturers, dealers, or distributors may consist of inventory reports, 

production reports, or sales availability statements. A letter from a customer looking to 

purchase a compliant engine that states they are having difficulty finding them does not 

constitute reliable information. 

During these times where engines are not available in sufficient quantity, an applicant would 

not be required to prove residency or pay the back fees as proposed in these amendments. 

These compliance flexibility provisions discussed above will be added to the Portable 

Engine ATCM and incorporated into the Statewide PERP Regulation by reference. 

4. Collection of Back Fees

The Statewide PERP Regulation will be amended to collect back registration and inspection 

fees for the resident Tier 1 and Tier 2 engines that do not meet the current nonroad 
III-4 

emission standards in effect. These fees are meant to recover the fees that the owner or 

operator would have paid had the engine been properly registered at the time the engine 

was first put in use. The bulk of these back fees will be redirected to the districts for 

compliance programs. The proposed fee schedule would favor those owners and/or 

operators that act early, as they increase for submission of applications in 2008 and further 

increase in 2009. Fees would be collected based on either the year or purchase or the 

model year of the engine. Fees would be higher for the registration of Tier 1 engines if a 

Tier 2 standard was in effect at the time of purchase. A detailed explanation of how the 

fees were derived is listed in Appendix C. 

 

5. Recordkeeping and Reporting Requirements

Staff is proposing to amended the Statewide PERP Regulation to remove the hour meter 

requirement for rental equipment units. These rental equipment units are already required 

to track daily throughput, which is adequate for determining compliance with daily emission 

limitations. The equipment units registered in the program that are designated as nonrental do not have this additional hour tracking requirement. The additional tracking of 

hours of operation for rental units is redundant and places an undue burden on industry. 

There is no increased enforceability gained from having rental equipment units subject to 

hour meters and tracking of daily hours. Therefore, staff proposes to make the daily 

recordkeeping and annual reporting requirements for rental equipment units the same as for 

non-rental equipment units. 

6. Miscellaneous

ARB staff is proposing minor revisions which are discussed below. 

Staff proposes to clarify the applicability section 2451(c)(3) to read that an engine operating 

as part of a stationary source is not excluded from the program, unless it is powering an 

equipment unit that is ineligible. PERP has always accepted engines that operate at 

stationary sources such as airports, water treatment plants, and the oilfields. The oilfields in 

Kern County are considered to be large stationary sources by the SJVUAPCD. It was never 

intended to exclude these types of engines from PERP. 

ARB Staff proposes to clarify that TSE be exempt from the Placard requirement in 

section 2453(n). The purpose of the placards is to assist the districts in the identification of 

unpermitted equipment. TSE units are not individually registered, but a list for each base is 

updated annually. They may be moved on and off a military base without notification. 

Therefore, placards on TSE will not be useful to the districts in detecting unpermitted units. 

Staff proposes the modification, addition, and deletion of terms in the definitions section, 

deletion of outdated provisions, and minor clarifications where needed. These changes are 

considered to be non-substantive and are intended to provide additional clarity and 

expediency to the Statewide PERP Regulation, and ensure consistency between regulatory 

requirements and registration practices. 
III-5 

B. MODIFICATIONS TO THE PORTABLE ENGINE ATCM 

This Portable Engine ATCM has been established to fulfill the goals of the Diesel Risk 

Reduction Plan and to comply with the requirements of sections 39666 and 39669.5 to 

prevent an endangerment to public health.

At its September 2006 meeting, the Board received public testimony concerning the inability 

to permit or register older engines. After January 1, 2006, the Portable Engine ATCM only 

allowed engines that met the current nonroad emission standards in effect at the time of 

application submittal to obtain permits with the districts or registration with ARB. Pursuant 

to the testimony, the Board directed staff to consider options and report back to the Board. 

ARB staff, in consultation with affected industry and the districts, developed proposed 

emergency amendments to the Portable Engine ATCM. The Board approved the 

emergency amendments at its December 7, 2006 public hearing, and they were approved 

by the Office of Administrative Law (OAL) on December 27, 2006. These emergency 

amendments have been filed with the Secretary of State and will be effective for a period 

not to exceed 120 days. 

The proposed amendments include recommendations to allow the permitting or registration 

of resident Tier 1 and 2 engines by the districts, the permitting of Tier 0 engines by the 

districts, and compliance flexibility provisions for affected industry. The proposed 

amendments contained in staff’s proposal are the result of extensive discussions and 

negotiations with affected parties. They will make permanent the emergency regulatory 

changes to Statewide PERP Regulation adopted by the Board on December 7, 2006, and 

provide additional clarity and expediency to the Statewide PERP Regulation. 

1. Tier 0 Engines

Tier 0 engines are those that are not certified to a California or federal nonroad 

emission standard. The Portable Engine ATCM will be amended to allow the districts to 

permit or register Tier 0 engines at their discretion, as long as the engines were operated in 

California at any time between March 1, 2004 and October 1, 2006, or are designated as 

exclusively emergency use or low use. 

2. Resident engines 

The proposed amendments would allow the permitting or registration by either ARB or the 

districts of those Tier 1 and Tier 2 engines that have been operating in California at any time 

between March 1, 2004 and October 1, 2006. This revised provision will prevent the 

importation of Tier 1 and 2 engines from out of state, which would negatively impact the 

State’s ambient air quality. 

3. Tier 1 engines and Tier 2 engines 

ARB staff recommends allowing the permitting or registration by either ARB or the districts 

of Tier 1 and Tier 2 engines that do not meet the current nonroad emission standard in 

effect, provided that they have been operating in California at any time between 
III-6 

March 1, 2004 and October 1, 2006. Refer back to tables in section A of this chapter for 

detailed discussion of what constitutes a Tier 1 and Tier 2 engine. 

In addition, ARB staff proposes a new provision be added that would allow the permitting or 

registration of previous Tier engines for 6 months after a new tier takes effect, under certain 

circumstances. These provisions would only affect engines that were subject to a tier 

standard change in any given year, and they would not have to demonstrate residency as 

proposed in these amendments. New tier standards are generally recognized to take effect 

at the start of the calendar year, so previous tier engines may be registered until July 1st on 

any given year. The provision would apply differently to equipment dealers or distributors 

than to the ultimate purchaser of the portable engine.

a. Ultimate user (owner or operator) 

Anyone who buys a previous tier engine from a dealer or distributor would have to 

demonstrate that they ordered the engine up to six months prior to the tier change 

and that they had not taken possession of the engine before the tier change. Once 

they did take possession, they would then be able to permit or register the engine up 

to 6 months after the new tier takes effect (by July 1st). 

b. Equipment dealers or distributors 

 

The engine must have met the current tier in effect when the dealer or distributor 

took possession of the engine. After the dealer takes possession, the engine must 

be registered within 6 months after a tier change takes effect. Since a customer can 

only buy a previous tier engine if it is demonstrated that they ordered it before the 

tier change, a dealer could not sell his existing fleet of previous tier engines. The 

dealer would have to permit or register all of his existing stock to himself and then 

the customers could submit a change of ownership. 

Starting January 1, 2010, only engines meeting the most current tier in effect will be allowed 

to seek initial district permitting or PERP registration, as is required by the current Portable 

Engine ATCM. 

4. Compliance Flexibility 

Staff proposes that after 6 months has passed from the start of a new tier standard, there 

should be compliance flexibility during those times when it can be verified to the ARB 

Executive Officer that compliant engines are not available in sufficient quantities. This 

provision would only be available if reliable information from the engine manufacturers, 

equipment distributors, and equipment dealers is supplied to the ARB. Reliable information 

from engine manufacturers, dealers, or distributors may consist of inventory reports, 

production reports, or sales availability statements. A letter from a customer looking to 

purchase a compliant engine that states they are having difficulty finding them does not 

constitute reliable information. 
III-7 

5. Miscellaneous

ARB staff is proposing minor revisions which are discussed below. 

Staff proposes the modification, addition, and deletion of terms in the definitions section, 

deletion of outdated provisions, and minor clarifications where needed. These changes are 

considered to be non-substantive and are intended to provide additional clarity and 

expediency to the Portable Engine ATCM.
IV-1 

IV. ENVIRONMENTAL IMPACTS 

This chapter describes the potential environmental impacts of the proposed amendments to 

the Statewide PERP Regulation and Portable Engine ATCM. Based on staff’s analysis, the 

proposed amendments to the Statewide PERP Regulation and Portable Engine ATCM 

would not result in any adverse impacts. 

A. LEGAL REQUIREMENTS APPLICABLE TO THE ENVIRONMENTAL IMPACT 

ANALYSIS 

The California Environmental Quality Act (CEQA) and ARB policy require an analysis to 

determine the potential environmental impacts of proposed regulations. The Secretary of 

Resources, pursuant to Public Resources Code section 21080.5, has certified the ARB 

regulatory program. Consequently, the CEQA environmental analysis requirements may be 

included in the Initial Statement of Reasons (ISOR) for this rulemaking. The ISOR serves 

as a functionally equivalent document of an initial study, a Negative Declaration, and an 

Environmental Impact Report. In addition, staff will respond, in the Final Statement of 

Reasons for the amended Statewide PERP Regulation and Portable Engine ATCM, to all 

significant environmental issues raised by the public during the public review period or at 

the Board public hearing. 

Public Resources Code section 21159 requires that the environmental impact analysis 

conducted by ARB include the following: 

• An analysis of reasonably foreseeable environmental impacts of the methods of 

compliance; 

• An analysis of reasonably foreseeable feasible mitigation measures; and 

• An analysis of reasonably foreseeable alternative means of compliance with the 

amended Statewide PERP Regulation and Portable Engine ATCM. 

Regarding mitigation measures, CEQA requires an agency to identify and adopt feasible 

mitigation measures that would minimize any significant adverse environmental impacts 

described in the environmental analysis. 

B. AIR QUALITY IMPACTS OF THE PROPOSED AMENDMENTS 

The proposed amendments to the Statewide PERP Regulation and Portable Engine ATCM 

would likely result in reductions in NOx and diesel PM emissions. These reductions would 

occur because participation by industry in either the statewide registration program or 

district permitting programs would increase. This increased participation will ensure that 

registered engines and equipment units are in compliance with all applicable emission 

requirements, particularly engine replacement requirements. The biggest benefit for air 

quality is expected to come from the thousands of engines operating without permits or 

registrations that will be brought into compliance and eventually replaced with cleaner 

engines in the future. All Californians would benefit, particularly those living in areas where 

the State and federal ambient air quality standards for ozone and particulate matter are 

exceeded. No adverse impacts have been identified by the ARB staff. ARB staff has not 

been advised of any adverse impacts by the public during any of the outreach efforts or 

workshops. 
IV-2 

C. IMPACTS OF THE PROPOSED AMENDMENTS ON MEETING AMBIENT AIR 

QUALITY STANDARDS 

HSC section 41754 requires that emissions from engines and equipment units registered in 

PERP shall not, in aggregate, interfere with the attainment or maintenance of the State and 

federal ambient air quality standards. PERP requires that engines meet a nonroad 

emission standard and requires that any existing engine registered after 2010 must be 

certified. In addition, after 2010, any engine seeking initial permitting or registration must 

meet the most stringent emission standard in effect at the time of application. The Portable 

Engine ATCM has PM emission standards that will affect all registered or permitted engines 

in 2013, 2017 and 2020. The implementation of the current Statewide PERP Regulation 

and Portable Engine ATCM therefore will result in greater reductions of NOx, HC, and 

diesel PM emissions from registered engines now and in future years. 

D. ANALYSIS OF REASONABLY FORESEEABLE ENVIRONMENTAL IMPACTS OF 

THE METHODS OF COMPLIANCE 

As specified in Health and Safety Code section 41755, the districts have an important role 

in enforcing the requirements of the Statewide PERP Regulation. If the Board approves the 

proposed amendments, the districts would be able to increase their outreach and 

enforcement efforts of the Statewide PERP Regulation. The districts will also continue to 

implement the Portable Engine ATCM in their local permitting and compliance programs. 

E. REASONABLY FORESEEABLE MITIGATION MEASURES 

CEQA requires an agency to identify and adopt feasible mitigation measures that would 

minimize any significant adverse environmental impacts described in the environmental 

analysis. Neither ARB staff’s own investigation nor comments from the affected regulatory 

community has identified any adverse impacts, therefore ARB staff has concluded that no 

significant adverse environmental impact would occur from adoption of, and compliance 

with, the proposed amendments to the Statewide PERP Regulation and Portable Engine 

ATCM. Therefore, no mitigation measures would be necessary. 

F. REASONABLY FORESEEABLE ALTERNATIVE MEANS OF COMPLIANCE WITH 

THE PROPOSED AMENDMENTS 

At its September 2006 meeting, the Board received comments from regulated parties that 

raised concerns regarding the requirements of the Statewide PERP Regulation and the 

Portable Engine ATCM. ARB staff, in consultation with affected industry and the districts, 

developed proposed amendments to the Statewide PERP Regulation and the Portable 

Engine ATCM. 

If these amendments were not proposed, it would result in either older engines continuing to 

operate without a permit therefore resulting in higher emissions, or the replacement of these 

engines immediately at significant cost. If non-certified engines were let into PERP, this 

would potentially allow higher emissions in areas that have more severely impacted air 

quality. The decision of permitting of non-certified engines should be made by the districts 

where local air quality issues may be addressed more effectively. If engines were let into 

PERP without the collection of back fees, it may be deemed unfair to those who had been in 
IV-3 

compliance since the startup of their portable equipment. Based on these alternative 

scenarios, ARB staff has concluded that the proposed amendments provide the most 

effective and least burdensome approach to ensuring air quality continues to be protected, 

that ARB can continue to operate and maintain the program effectively. 

G. ENVIRONMENTAL JUSTICE 

ARB is committed to evaluating community impacts of proposed regulations including 

environmental justice concerns. Because some communities experience higher exposure 

to air pollutants, it is a priority of ARB to ensure that full protection is afforded to all 

Californians. The proposed amendments to the Statewide PERP Regulation and Portable 

Engine ATCM are not expected to result in significant negative impacts in any community. 

The proposed amendments to the Statewide PERP Regulation and Portable Engine ATCM 

would likely result in decreased emissions of NOx and diesel PM. These reductions would 

result from the thousands of engines operating without permits or registrations that will be 

brought into compliance and eventually replaced with cleaner engines in the future. The 

proposed amendments would further reduce emissions of NOx and PM to residents and offsite workers living or working near the operation of registered engines and equipment units. 
V-1 

V. ECONOMIC IMPACTS 

This chapter discusses legal requirements that must be satisfied in analyzing the economic 

impacts of the proposed amendments to the Statewide PERP Regulation and the 

methodology used to estimate cost impacts, and presents estimates of the economic 

impacts for the proposed amendments. The proposed amendments to the Statewide PERP 

Regulation are not expected to change the overall beneficial impact on affected business 

and industry. There are no economic impacts resulting from the proposed amendments to 

the Portable Engine ATCM. 

A. SUMMARY OF THE ECONOMIC IMPACTS 

Staff estimates the total potential economic impact of the proposed amendments to the 

Statewide PERP Regulation to affected businesses and governmental agencies is 

approximately $6.6 million. The total economic impact is attributable to the collection of 

back registration and inspection fees for approximately 10,000 older engines that will be 

entering PERP over the next 3 years. 

The alternative to paying these back fees is to replace the engine with a new engine that 

meets the current emission standards. The cost savings of these engines being regulated 

instead of being replaced is significant. The average cost of a new engine is approximately 

$25,000 (based on an estimated average size of 140 bhp). An estimated 10,000 older 

engines are expected to register in PERP over the next three years, therefore the cost to 

replace these engines would have been $250 million. With an expected cost of just $6.6 

million to register these engines in PERP, that is an estimated savings of $243.4 million to 

the regulated community 

In addition, staff is proposing to remove the hour meter requirement for rental equipment 

units which will result in a cost savings of $144,000 for those affected businesses. ARB 

staff expects there to remain an overall benefit for most businesses affected by the 

proposed amendments to the Statewide PERP Regulation compared to having to obtain 

district permits (see Appendix D for more detail of cost analysis). 

B. LEGAL REQUIREMENTS 

Section 11346.3 of the Government Code requires state agencies to assess the potential 

for adverse economic impacts on California business enterprises and individuals when 

proposing to adopt or amend any administrative regulation. The assessment shall include a 

consideration of the impact of the proposed regulation on California jobs, business 

expansion, elimination or creation, and the ability of California business to compete with 

businesses in other states. 

Also, state agencies are required to estimate the cost or savings to any state or local 

agency and school district in accordance with instructions adopted by the Department of 

Finance. The estimate shall include any non-discretionary cost or savings to local agencies 

and the cost or savings in federal funding to the State. 

Finally, HSC section 57005 requires ARB to perform an economic impact analysis of 

submitted alternatives to a proposed regulation before adopting any major regulation. A 

major regulation is defined as a regulation that will have a potential cost to California 

business enterprises in an amount exceeding ten million dollars in any single year. 
V-2 

Because the estimated cost of the amendments to the Statewide PERP Regulation does 

not exceed ten million dollars in a single year, the proposed amendments to the Statewide 

PERP Regulation do not constitute a major regulation. 

C. METHODOLOGY FOR ESTIMATING COSTS 

This section provides the general methodology and assumptions used to estimate the costs 

associated with the amendments to the Statewide PERP Regulation. ARB staff describes 

the method used to estimate the number and types of engines and associated equipment 

subject to the proposed increased program fees. The basic methodology is also used to 

analyze the costs to private companies and governmental agencies. For determining the 

various costs for the life of the regulation, staff followed the instructions found in the State 

Administrative Manual, Section 6680 and utilized the annual cost multiplied out five years. 

1. Analysis of the PERP Database

ARB staff conducted an analysis of the PERP database that existed on December 3, 2006 

in order to evaluate the cost impacts from the proposed amendments to the Statewide 

PERP Regulation for federal, state, local agencies and small businesses. Based on the 

analysis, staff determined that there are over 2,540 organizations with about 24,200 

engines registered in PERP. Of these organizations, staff estimates there are: 

15 state agencies with about 340 engines (approximately 0.014 percent of the total), 

260 local agencies with about 1640 engines (approximately 0.068 percent of the total), 

19 federal agencies with about 150 engines (approximately 0.006 percent of the total), and 

about 2,250 private businesses with 22,100 engines (approximately 91.2 percent of total). 

Military TSE is not affected by these proposed amendments and therefore was not included 

in this fiscal impact analysis. ARB staff used these percentages to determine the cost of the 

proposed amendments to the various organizations. It is estimated that 10,000 older 

engines that were previously ineligible, will enter PERP due to these new amendments. 

7,000 of these engines are expected to enter during 2007, with 2,000 in 2008 and the 

remaining 1,000 entering in 2009. Only engines meeting current emission standards will be 

allowed to enter PERP starting on January 1, 2010, so no back fees will be collected after 

that date. 

ARB staff also used a representative sample of businesses to determine the percentage of 

"small businesses." Based on this analysis, staff determined that 70 percent of all 

businesses currently in PERP are small businesses and own five or fewer units. 

2. Initial and Recurring Costs

The cost evaluation considers both initial costs and ongoing annual costs. Initial costs were 

calculated for the estimated number of units that would have to pay the back fees upon 

entering the program. There are no ongoing annual costs from the proposed amendements 

to the Statewide PERP Regulation. 
V-3 

D. BUSINESSES AFFECTED 

Any business that owns or operates portable internal combustion engines and/or equipment 

units currently registered in PERP is affected by the proposed amendments. The affected 

businesses fall into different industry classifications. A list of the industries that may be 

impacted is provided in Table V-1. 

Table V-1 

Industries Affected by Statewide Registration Program and Portable Engine ATCM

SIC Code Industry

 1311 Crude petroleum and natural gas 

 1321 Natural gas liquids 

 1381 Drilling oil and gas wells 

 1382 Oil and gas exploration services 

 1389 Oil and gas field services, not elsewhere classified 

 1521 Single-family housing construction 

 1522 Residential construction, not elsewhere classified 

 1531 Operative builders 

 1541 Industrial buildings and warehouses 

 1542 Nonresidential construction, not elsewhere classified 

 1611 Highway and street construction 

 1622 Bridge, tunnel, and elevated highway 

 1623 Water, sewer, and utility lines 

 1629 Heavy construction, not elsewhere classified 

 1711 Plumbing, heating, air-conditioning 

 1771 Concrete work 

 1781 Water well drilling 

 1791 Structural steel erection 

 1794 Excavation work 

 1795 Wrecking and demolition work 

 4925 Gas production and/or distribution 

 4941 Water supply 

 4952 Sewerage systems 

 4953 Refuse systems 

 4959 Sanitary services, not elsewhere classified 

 4961 Steam and air-conditioning supply 

 4971 Irrigation systems 

 7349 Building maintenance services, not elsewhere classified 

 7353 Heavy construction engines and equipment units rental 

 7359 Equipment rental and leasing, not elsewhere classified 

 7519 Utility trailer rental 

 7812 Motion picture and video production 

 7819 Services allied to motion pictures 

 7996 Amusement parks 

 9711 National security 
V-4 

E. COST ESTIMATES 

The proposed amendments to the Statewide PERP Regulation require the collection of 

back registration and inspection fees for engines that would have been due had the engines 

been properly registered when first put into operation. The proposed fee collection 

schedule and analysis is found in Appendix C. Following is a discussion of the economic 

impacts associated with the proposed requirements for the collection of back fees, and the 

removal of hour meter requirement. 

1. Collection of Back Registration and Inspection Fees

ARB staff estimated the total potential economic impact due to collection of back fees for 

engines newly registering in PERP is approximately $6.6 million dollars over three years. 

 

Prior to 2006, The annual fee for registration and renewal was $30 per year. In addition, 

districts charged $75 per year for performing an inspection of an engine registered in the 

Statewide Program. This results in a total registration and inspection cost of $105 per year 

to participate in PERP. This annual amount will be increased by 50% for applications 

submitted during 2007, 100% for applications submitted in 2008, and 200% for applications 

submitted in 2009. The vast majority of this amount will be redirected to the districts to fund 

additional outreach and compliance programs, in an effort to bring even more engines 

under a regulatory structure so that emissions can be further reduced. 

The engines that are subject to the collection of back fees, will have to go back to either the 

year they purchased the engine or the model year of the engine, if purchase date can not 

be verified through documentation. If it can be documented that a Tier 1 engine was 

purchased when the Tier 2 standard was in effect, the fees must be based on the year Tier 

2 standards took effect. In addition to the back fees, the current registration fee of $620 per 

engine will be required. 

2. Hour Meters for Rental Equipment Units

Staff estimated the total potential economic impact due to owners/operators having to install 

hour meters on existing rental equipment units about $144,000. Staff proposal is to remove 

this requirement, therefore resulting in a cost savings of that amount. 

 

Currently, equipment units registered in the Statewide Program must have hour meters 

installed as specified in the amendments made to the Statewide PERP Regulation that the 

Board adopted on June 22, 2006. Staff has determined that there are currently about 720 

rental equipment units in PERP, and none of them have hour meters. Staff assumed the 

cost to purchase and install hour meters is $200, which would result in a cost savings of 

$144,000 for existing registered equipment units. The cost benefit for rental equipment 

units registering in the future was not estimated due to the unavailability of data concerning 

the number of future rental equipment unit application submissions. 
V-5 

F. POTENTIAL IMPACTS ON EMPLOYMENT 

The proposed amendments to the Statewide PERP Regulation are not expected to cause a 

noticeable change in California employment because most businesses will find that the 

requirements will not require significant additional staffing. 

G. POTENTIAL IMPACTS ON BUSINESS CREATION, ELIMINATION, OR 

EXPANSION 

The majority of the increases costs would be borne by engine owners and government 

agencies, although some costs may be passed onto individuals from companies such as 

rental yards, and companies that contract directly with individuals. Overall, most affected 

private businesses and public agencies would be able to absorb the costs of the proposed 

regulation with no significant adverse impacts because most businesses will find that it is 

less expensive than obtaining multiple district permits. Because the proposed amendments 

to the Statewide PERP Regulation would not significantly alter the profitability of most 

businesses, a noticeable change in employment, business creation, elimination, or 

expansion, and business competitiveness in California is not expected. 

The proposed amendments to the Statewide PERP Regulation maintain a benefit to 

California businesses due to the streamlined permitting process, standardized emissions 

limits, and lower overall cost compared to obtaining and maintaining multiple district 

permits. 

H. POTENTIAL IMPACTS ON SMALL BUSINESSES 

The total potential economic impact to small business is approximately $0.8 million dollars 

over three years. The cost impacts are due to the collection of back registration and 

inspection fees. (See Appendix D for more detail). 

 

To determine the number of small businesses, staff relied on the following definition of small 

business. (As defined in Assembly Bill 2505 (Ch. 821, Statutes of 1998); the statute sets 

forth a simplified definition of small business that is utilized for State procurement activities): 

 “Small Business" means an independently owned and operate business, which is 

not dominant in its field of operation, the principal of which is located in California, 

the offices of which are domiciled in California, and which, together with affiliates, 

has 100 or fewer employees, and average annual gross receipts of ten million 

dollars ($10,000,000) or less over the previous three years, or is a manufacturer 

with 100 or fewer employees." 

I. POTENTIAL IMPACTS ON PUBLIC AGENCIES 

The total potential economic impact to state agencies is approximately $93,000 over three 

years. The total potential economic impact to local agencies is approximately $450,000 

million dollars over three years. The cost impacts are due to the collection of back 

registration and inspection fees. 
Appendix A 

Proposed Regulation Order 

Amendments to the Statewide 

Portable Equipment Registration Program Regulation 

California Air Resources Board 

Title 17, California Code of Regulations 

Article 5 and sections 2450, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2458, 2459, 

2460, 2461, 2462, 2463, 2464, and 2465 of Title 13, California Code of Regulations 

(Note: Proposed amendments to the regulation are identified below. Underline

is used to indicate the proposed additions. Strikeout is used to indicate proposed 

deletions from the regulation text.)

A-1

PROPOSED REGULATION ORDER 

Amend sections 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 2461, and 2462 

Title 13, California Code of Regulations. Sections 2450, 2454, 2457, 2463, 2464, 

and 2465 are not being amended but are included for clarity. 

Article 5. Portable Engine and Equipment Registration 

§ 2450. Purpose. 

These regulations establish a statewide program for the registration and regulation of 

portable engines and engine-associated equipment (portable engines and equipment 

units) as defined herein. Portable engines and equipment units registered under the 

Air Resources Board program may operate throughout the State of California without 

authorization (except as specified herein) or permits from air quality management or air 

pollution control districts (districts). These regulations preempt districts from permitting, 

registering, or regulating portable engines and equipment units, including equipment 

necessary for the operation of a portable engine (e.g. fuel tanks), registered with the 

Executive Officer of the Air Resources Board except in the circumstances specified in the 

regulations. 

NOTE: Authority cited: Section 39600, 39601, 41752, 41753, 41754, 41755, 43013(b), 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2451. Applicability. 

(a) Registration under this regulation is voluntary for owners of portable 

engines or equipment units. 

(b) This regulation applies to portable engines and equipment units as defined 

in section 2452. Except as provided in paragraph (c) of this section, any 

portable engine or equipment unit may register under this regulation. 

Examples include, but are not limited to: 

(1) portable equipment units driven solely by portable engines including 

confined and unconfined abrasive blasting, Portland concrete batch 

plants, sand and gravel screening, rock crushing, and unheated 

pavement recycling and crushing operations; 

(2) consistent with section 209 (e) of the federal Clean Air Act, engines 

and associated equipment used in conjunction with the following 

types of portable operations: well drilling, service or work-over rigs; 

power generation, excluding cogeneration; pumps; compressors; 

diesel pile-driving hammers; welding; cranes; woodchippers; 

dredges; equipment necessary for the operation of portable engines 

and equipment units; and military tactical support equipment. 
A-2

(c) The following are not eligible for registration under this program: 

(1) any engine used to propel mobile equipment or a motor vehicle of any 

kind as defined in section 2452 (aa)(1)(A); 

(2) any engine or equipment unit not meeting the definition of portable 

as defined in section 2452 (dd) of this regulation;

(3) engines,any equipment units, and its associated engines determined 

by the Executive Officer to qualify as part of a stationary source 

permitted by a district; 

(4) any engine or equipment unit subject to an applicable federal Maximum 

Achievable Control Technology standard, or National Emissions Standard 

for Hazardous Air Pollutants, or federal New Source Performance 

Standard, except for equipment units subject to 40 CFR Part 60 Subpart 

OOO (Standards of Performance for Nonmetallic Mineral Processing 

Plants); 

(5) any engine or equipment unit operating within the boundaries of the 

California Outer Continental Shelf (OCS). [Note: This shall not prevent 

statewide registration of portable engines and equipment units already 

permitted by a district for operation in the OCS. Such statewide registration 

shall only be valid for operation onshore and in State Territorial Waters 

(STW).]; 

(6) any dredging operation in the Santa Barbara Harbor; 

(7) any dredging unit owned by a single port authority, harbor district, or 

similar agency in control of a harbor, and operated only within the 

same harbor; 

(8) generators used for power production into the grid, except to maintain grid 

stability during an emergency event or other unforeseen event that affects 

grid stability; and 

(9) generators used to provide primary or supplemental power to a building, 

facility, stationary source, or stationary equipment, except during 

unforeseen interruptions of electrical power from the serving utility, 

maintenance and repair operations, electrical upgrade operations including 

startup, shutdown, and testing that do not exceed 60 calendar days, 

including startup, shutdown, and testing, operations where the voltage, 

frequency, or electrical current requirements can only be supplied by a 

portable generator, or remote operations where grid power is unavailable. 

(d) The owner of any engine or equipment unit that loses eligibility for registration 

under this program shall apply for a permit with a district within 90 days of being 

notified of loss of eligibility. Registration shall remain valid and operation may 

continue under this article until the district grants or denies a permit or a 

registration for the engine or equipment unit. 

(e) In the event that the owner of an engine or equipment unit elects not to register under 

this program, the engine or equipment unit shall be subject to district permitting 

requirements pursuant to district regulations. 
A-3

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2452. Definitions. 

(a) “Air Contaminant” shall have the same meaning as setout in section 39013 of the 

Health and Safety Code. 

(b) “ARB” means the California Air Resources Board. 

(c) “Certified Compression-Ignition Engine” means an engine meeting the 

nonroad engine emission standards for compression-ignition engines, as set 

forth in Title 13 of the California Code of Regulations or 40 CFR Part 89 in effect 

at the time of application. 

(d) “Certified Spark-Ignition Engine” means an engine meeting the nonroad 

engine emission standards for spark-ignition engines, as set forth in Title 13 of 

the California Code of Regulations or 40 CFR Part 1048 in effect at the time of 

application. 

(e) “Compression-Ignition (CI) Engine” means an internal combustion engine with 

operating characteristics significantly similar to the theoretical diesel 

combustion cycle. Compression-ignition engines usually control fuel supply 

instead of using a throttle to regulate power. 

(f) “Corresponding Onshore District” means the district which has jurisdiction for 

the onshore area that is geographically closest to the engine or equipment unit. 

(g) “District” means an air pollution control district or air quality management 

district created or continued in existence pursuant to provisions of Part 3 

(commencing with section 40000) of the California Health and Safety Code. 

(h) “Electrical Upgrade” means replacement or addition of electrical equipment and 

systems resulting in increased generation, transmission and/or distribution capacity. 

(i) “Emergency Event” means any situation arising from sudden and reasonably 

unforeseen natural disaster such as earthquake, flood, fire, or other acts of God, or 

other unforeseen events beyond the control of the portable engine or equipment 

unit operator, its officers, employees, and contractors that threatens public health 

and safety and that requires the immediate temporary operation of portable 

engines or equipment units to help alleviate the threat to public health and safety. 

(j) “Engine” means any piston driven internal combustion engine. 

(k) “Equipment Unit” means equipment that emits PM10 over and above that 

emitted from an associated engine. 
A-4

(l) “Executive Officer” means the Executive Officer of the California Air Resources 

Board or his/her designee. 

 

(m) “Hazardous Air Pollutant (HAP)” means any air contaminant that is listed 

pursuant to section 112(b) of the federal Clean Air Act. 

(n) “Home District“ means the district designated by the responsible official as the 

district in which the registered engine or equipment unit resides most of the time. 

For registered engines or equipment units based out of California, the 

responsible official shall designate the home district based on where the 

registered engine or equipment unit is likely to be operated a majority of the time 

the registered engine or equipment unit is in California. 

(o) “Identical Replacement” means a substitution due to mechanical breakdown 

of a registered portable engine or equipment unit with another portable engine 

or equipment unit that has the same manufacturer, type, model number, 

manufacturer’s maximum rated capacity, and rated brake horsepower; and is 

intended to perform the same or similar function as the original portable engine 

or equipment unit; and has equal or lower emissions expressed as mass per 

unit time; and meets the emission control technology requirements of sections 

2455 through 2457 of this article. 

(p) “In-field Inspection” means an inspection that is conducted at the location that 

the portable engine or equipment unit is operated under normal load and 

conditions. 

 

(q) “Location” means any single site at a building, structure, facility, or installation. 

(r) “Maximum Achievable Control Technology (MACT)” means any federal 

requirement promulgated as part of 40 CFR Parts 61 and 63. 

(s) “Maximum Rated Capacity” is the maximum throughput rating or volume 

capacity listed on the nameplate of the registered equipment unit as specified by 

the manufacturer. 

(t) “Maximum Rated Horsepower (brake horsepower (bhp)” is the maximum 

brake horsepower rating specified by the registered engine manufacturer and 

listed on the nameplate of the registered engine. 

(u) “Mechanical Breakdown” means any failure of an engine’s electrical system or 

mechanical parts that necessitates the removal of the registered engine from 

service. 

(v) “Modification” means any physical change to, change in method of operation 

of, or an addition to a registered engine or equipment unit, which may cause or 

result in an increase in the amount of any air contaminant emitted or the 

issuance of air contaminants not previously emitted. Routine maintenance 
A-5

and/or repair shall not be considered a physical change. Unless previously 

limited by an enforceable registration condition, a change in the method of 

operation shall not include: 

(1) an increase in the production rate, unless such increase will cause the 

maximum design capacity of the registered equipment unit to be 

exceeded; 

(2) an increase in the hours of operation; 

(3) a change of ownership; and 

(4) the movement of a registered engine or equipment unit from one location 

to another. 

(w) “New Nonroad Engine” means a nonroad engine, the equitable or legal title to 

which has never been transferred to an ultimate purchaser. If the equitable or 

legal title to an engine is not transferred to an ultimate purchaser until after the 

engine is placed into service, then the engine will no longer be new after it is 

placed into service. A nonroad engine is placed into service when it is used for 

its functional purposes. The term “ultimate purchaser” means, with respect to a 

new nonroad engine, the first person who purchases a new nonroad engine for 

purposes other than resale. 

(x) “New Source Performance Standard (NSPS)” means any federal requirement 

promulgated as part of 40 CFR Part 60. 

(y) “Non-field Inspection” means an inspection that is either conducted at a

location that is mutually acceptable to the district and the owner or operator or 

where the engine or equipment unit is stored and does not require operation of 

the engine or equipment unit for purposes of the inspection.

(aa) “Nonroad Engine” means: 

(1) Except as discussed in paragraph (2) of this definition, a nonroad engine 

is any engine: 

(A) in or on a piece of equipment that is self-propelled or serves a dual 

purpose by both propelling itself and performing another function 

(such as garden tractors, off-highway mobile cranes and 

bulldozers); or 

(B) in or on a piece of equipment that is intended to be propelled while 

performing its function (such as lawnmowers and string trimmers); 

or 

(C) that, by itself or in or on a piece of equipment, is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. Indicia of transportability 

include, but are not limited to, wheels, skids, carrying handles, 

dolly, trailer, or platform. 

(2) An engine is not a nonroad engine if: 
A-6

(A) the engine is used to propel a motor vehicle or a vehicle used 

solely for competition, or is subject to standards promulgated 

under section 202 of the federal Clean Air Act; or 

(B) the engine is regulated by a federal New Source Performance 

Standard promulgated under section 111 of the federal Clean Air 

Act; or 

(C) the engine otherwise included in paragraph (1)(C) of this 

definition remains or will remain at a location for more than 12 

consecutive months or a shorter period of time for an engine 

located at a seasonal source. Any engine (or engines) that 

replaces an engine at a location and that is intended to perform 

the same or similar function as the engine replaced will be 

included in calculating the consecutive time period. An engine 

located at a seasonal source is an engine that remains at a 

seasonal source during the full annual operating period of the 

seasonal source. A seasonal source is a stationary source that 

remains in a single location on a permanent basis (at least two 

years) and that operates at that single location approximately 

three (or more) months each year. 

(bb) “Outer Continental Shelf (OCS)” shall have the meaning provided by section 2 

of the Outer Continental Shelf Lands Act (43 U.S.C. Section 1331 et seq.). 

(cc) “Placard” means a visible indicator supplied by the Air Resources Board to 

indicate that an engine or equipment has been registered in the Portable 

Equipment Registration Program and is in addition to the registration 

identification device.

(dd) “Portable” means designed and capable of being carried or moved from one 

location to another. Indicia of portability include, but are not limited to, wheels, 

skids, carrying handles, dolly, trailer, or platform. For the purposes of this 

regulation, dredge engines on a boat or barge are considered portable. The 

engine or equipment unit is not portable if any of the following are true: 

(1) the engine or equipment unit or its replacement is attached to a 

foundation, or if not so attached, will reside at the same location for more 

than 12 consecutive months. The period during which the engine or 

equipment unit is maintained at a storage facility shall be excluded from 

the residency time determination. Any engine or equipment unit such as 

back-up or stand-by engines or equipment units, that replace engine(s) or 

equipment unit(s) at a location, and is intended to perform the same or 

similar function as the engine(s) or equipment unit(s) being replaced, will 

be included in calculating the consecutive time period. In that case, the 

cumulative time of all engine(s) or equipment unit(s), including the time 

between the removal of the original engine(s) or equipment unit(s) and 

installation of the replacement engine(s) or equipment unit(s), will be 

counted toward the consecutive time period; or 
A-7

(2) the engine or equipment unit remains or will reside at a location for less 

than 12 consecutive months if the engine or equipment unit is located at a 

seasonal source and operates during the full annual operating period of 

the seasonal source, where a seasonal source is a stationary source that 

remains in a single location on a permanent basis (at least two years) and 

that operates at that single location at least three months each year; or 

(3) the engine or equipment unit is moved from one location to another in an 

attempt to circumvent the portable residence time requirements. 

(ee) “Prevention of Significant Deterioration (PSD)” means any federal 

requirements contained in or promulgated pursuant to Part C of the federal Clean 

Air Act. 

(ff) “Process” means any air-contaminant-emitting activity associated with the 

operation of a registered engine or equipment unit.

(gg) “Project, for the purposes of onshore operation,” means the use of one or 

more registered engines or equipment units operated under the same or 

common ownership or control to perform a single activity. 

(hh) “Project, for the purposes of State Territorial Waters (STW),” means the use 

of one or more registered engines and equipment units operating under the same 

or common ownership or control to perform any and all activities needed to fulfill 

specified contract work that is performed in STW. For the purposes of this 

definition, a contract means verbal or written commitments covering all operations 

necessary to complete construction, exploration, maintenance, or other work. 

Multiple or consecutive contracts may be considered one project if they are 

intended to perform activities in the same general area, the same parties are 

involved in the contracts, or the time period specified in the contracts is 

determined by the Executive Officer to be sequential. 

(ii) “Provider of Essential Public Service (PEPS)” means any privately-owned 

corporation or public agency that owns, operates, controls, or manages a line, 

plant, or system for the transportation of people or property, the transmission of 

telephone or telegraph messages, or the production, generation, transmission or 

furnishing of heat, light, water, power, or sanitation directly or indirectly to the 

public. 

(jj) “Registration” means issuance of a certificate by the Executive Officer 

acknowledging expected compliance with the applicable requirements of this 

article, and the intent by the owner or operator to operate the engine or 

equipment unit within the requirements established by this article. 

(kk) “Rental Business” means a business in which the principal use of its engines or 

equipment units is the rentings or leasinges for profit of, registered engines or 

equipment units. 
A-8

(ll) “Renter” means a person who rents and/or operates registered engines or 

equipment units not owned by that person. 

(mm) “Resident Engine” means either of the following: 

(1) a portable engine that at the time of applying for registration, has a 

current, valid district permit or registration issued in accordance with 

district requirements that was issued prior to January 1, 2006, or an 

engine that lost a permit to operate exemption through a formal district 

action. Moving an engine from a district that provides a permit to operate 

exemption to a district that requires a permit to operate or registration 

does not qualify for consideration as a resident engine.; or

(2) a certified compression-ignition engine that operated in California at any 

time between March 1, 2004 and October 1, 2006. The responsible 

official shall provide sufficient documentation to prove the engine’s 

residency to the satisfaction of the Executive Officer. Examples of 

adequate documentation include but are not limited to: tax records, 

purchase records, maintenance records, or usage records.

An engine permitted or registered by a district pursuant to Title 17 of the 

California Code of Regulations Section 93116.3(b)(6) is not a resident engine.

(nn) “Responsible Official” refers to an individual employed by the company or 

public agency with the authority to certify that the registered engines or 

equipment units under his/her jurisdiction comply with applicable requirements of 

this regulation. A company or public agency may have more than one 

Responsible Official.

(oo) “Spark-Ignition (SI) Engine” means an internal combustion engine with a spark 

plug (or other sparking device) with operating characteristics significantly similar 

to the theoretical Otto combustion cycle. Spark-ignition engines usually use a 

throttle instead of using fuel supply to control intake air flow to regulate power. 

(pp) “State Territorial Waters (STW)” includes all of the following: an expanse of 

water that extends from the California coastline to 3 miles off-shore; a 3 mile 

wide belt around islands; and estuaries, rivers, and other inland waterways. 

(qq) “Statewide Registration Program” means the program for registration of 

portable engines and equipment units set out in this article. 

(rr) “Stationary Source” means any building, structure, facility or installation which 

emits any air contaminant directly or as a fugitive emission. “Building,” 

“structure,” “facility,” or “installation” includes all pollutant emitting activities which: 

(1) are under the same ownership or operation, or which are owned or 

operated by entities which are under common control; 

(2) belong to the same industrial grouping either by virtue of falling within the 

same two-digit standard industrial classification code or by virtue of being 
A-9

part of a common industrial process, manufacturing process, or connected 

process involving a common raw material; and 

(3) are located on one or more contiguous or adjacent properties. 

[Note: For the purposes of this regulation a stationary source and nonroad engine are 

mutually exclusive.] 

(ss) “Storage” means a warehouse, enclosed yard, or other area established for the 

primary purpose of maintaining registered engines or equipment units when not 

in operation. 

(tt) “Tactical Support Equipment (TSE)” means equipment using a portable 

engine, including turbines, that meets military specifications, owned by the U.S. 

Department of Defense, the U.S. military services, or its allies, and used in 

combat, combat support, combat service support, tactical or relief operations, or 

training for such operations. Examples include, but are not limited to, internal 

combustion engines associated with portable generators, aircraft start carts, 

heaters and lighting carts. 

(uu) “Third-party Rental” means a non-rental business renting or leasing registered 

engines and/or equipment units to another party by written agreement. 

(vv) “Tier 1 Engine” means a certified compression-ignition engine according to the 

horsepower and model year as follows: 

≥50 bhp and <100 bhp; 1998 through 2003 

≥100 bhp and <175 bhp; 1997 through 2002 

≥175 bhp and <300 bhp; 1996 through 2002 

≥300 bhp and <600 bhp; 1996 through 2000 

≥600 bhp and ≤750 bhp; 1996 through 2001 

>750 bhp; 2000 through 2005. 

(ww) “Tier 2 Engine” means a certified compression-ignition engine according to the 

horsepower and model year as follows: 

≥50 bhp and <100 bhp; 2004 through 2007 

≥100 bhp and <175 bhp; 2003 through 2006 

≥175 bhp and <300 bhp; 2003 through 2005 

≥300 bhp and <600 bhp; 2001 through 2005 

≥600 bhp and ≤750 bhp; 2002 through 2005 

>750 bhp; 2006 through 2010. 

(vvxx) “Transportable” means the same as portable. 

(wwyy) “U.S. EPA” means the United States Environmental Protection Agency. 

(xxzz) “Vendor” means a seller or supplier of portable engines or equipment units for 

use in California. 

(yyaaa) “Volatile Organic Compound (VOC)” means any compound containing at least 

one atom of carbon except for the following exempt compounds: acetone, 
A-10

ethane, parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), 

methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, ammonium carbonates, methylene chloride (dichloromethane), 

 methyl chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), 

CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 

(chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 

(dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-123 

(dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b 

(dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), HCFC-124 

(chlorotetrafluoroethane), HFC-23 (trifluoromethane), HFC-134 

(tetrafluoroethane), HFC-125 (pentafluoroethane), HFC-143a (trifluoroethane), 

HFC-152a (difluoroethane), cyclic, branched, or linear completely methylated 

siloxanes, the following classes of perfluorocarbons: 

(1) cyclic, branched, or linear, completely fluorinated alkanes; 

(2) cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 

(3) cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations; and 

(4) sulfur-containing perfluorocarbons with no unsaturations and with the 

sulfur bonds to carbon and fluorine, acetone, ethane, and 

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene). 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2453. Application Process. 

(a) In order for an engine or equipment unit to be considered for registration by the 

Executive Officer, the engine or equipment unit must be portable as defined in 

section 2452 (dd) and meet all applicable requirements established in this article. 

(b) For purposes of registration under this article, an engine and the equipment unit it 

serves are considered to be separate emissions units and require separate 

applications. 

(c) For an identical replacement, an owner or operator of a registered portable 

engine or equipment unit is not required to complete a new application and may 

immediately operate the identical replacement. Except for TSE, the owner or 

operator shall notify the Executive Officer in writing within five calendar days of 

replacing the registered engine or equipment unit with an identical replacement. 

Notification shall include company name, responsible official, phone number, 

registration certificate number of the engine or equipment unit to be replaced; 

and make, model, rated brake horsepower, serial number of the identical 

replacement, description of the mechanical breakdown; and applicable fees as 

required in section 2461. Misrepresentation of engine or equipment unit 
A-11

information or the failure to meet the requirements of this regulation shall be 

deemed a violation of this article. 

(d) The Executive Officer shall inform the applicant, in writing, if the application is 

complete or deficient, within 30 days of receipt of an application. If deemed 

deficient, the Executive Officer shall identify the specific information required to 

make the application complete. 

(e) The Executive Officer shall issue or deny registration within 90 days of receipt of 

a complete application. 

 (f) Upon finding that an engine or equipment unit meets the requirements of this 

article, the Executive Officer shall issue a registration for the engine or equipment 

unit. The Executive Officer shall notify the applicant in writing that the engine or 

equipment unit has been registered. The notification shall include a registration 

certificate, any conditions to ensure compliance with State and federal 

requirements, and a registration identification device for each engine or 

equipment unit registered pursuant to this regulation. Except for TSE, the 

registration identification device shall be affixed on the engine or equipment unit 

at all times, and the registration certificate shall be kept on the immediate 

premises with the engine or equipment at all times and made accessible to the 

Executive Officer or district upon request. Failure to properly maintain the 

registration identification device shall be deemed a violation of this article. 

(g) Except for TSE, each application for registration and the appropriate fee(s) as 

specified in section 2461, shall be submitted in a format approved by the 

Executive Officer and include, at a minimum, the following information: 

(1) indication of general nature of business (e.g., rental business, etc.); 

(2) the name of applicant, including mailing address and telephone number; 

(3) a brief description of typical engine or equipment-unit use; 

(4) detailed description, including engine or equipment-unit make, model, 

manufacture year (for portable engines only), rated brake horsepower, 

throughput, capacity, emission control equipment, and serial number; 

(5) necessary engineering data, emissions test data, or manufacturer’s 

emissions data to demonstrate compliance with the requirements as 

specified in sections 2455, 2456, and 2457; 

(6) for resident engines, a copy of either a current permit to operate or a 

registration certificate that was granted by a district, or documentation as 

described in section 2452 (mm); and 

(7) the printed name and signature of the responsible official and date of the 

signature. 

(h) For TSE, application for registration and the appropriate fee(s) as specified in 

section 2461, shall be submitted in a format approved by the Executive Officer 

and include, at a minimum, the following information: 

(1) the name of applicant, including mailing address and telephone number; 
A-12

(2) a brief description of typical engine or equipment-unit use; 

(3) engine or equipment-unit description, including type and rated brake 

horsepower; and 

(4) the printed name and signature of the responsible official and date of the 

signature. 

(i) All registered engines and equipment units shall have a designated home district 

as defined in section 2452 (n) according to the following: 

(1) Owners holding valid registration(s) prior to the effective date shall 

designate in writing to the Executive Officer a home district within 90 days 

of the effective date of this regulation. The Executive Officer shall 

designate the home district for any and all registered engines and 

equipment units for existing registration program participants that fail to 

designate a home district; 

(2) a home district shall be designated on each application for initial 

registration of an engine or equipment unit; and 

(3) except for registered engines or equipment units owned by a rental 

business or involved in a third part rental, if the engine or equipment unit, 

based on averaging of annual operation in each district from the three 

annual reports submitted during the 3 year registration cycle, operated the 

largest percentage of the time in a district other than the designated home 

district, the owner shall change the home district designation at the time of 

renewal. The change is not required if the difference between the home 

district operation percentage and the district with the largest operating 

percentage is 5 percent or less. 

(j) Engines or equipment units owned and operated for the primary purpose of 

rental by a rental business shall be identified as rental at the time of application 

for registration and shall be issued a registration specific to the rental business 

requirements of this article. Misrepresentation of portable engine or equipment 

unit use in an attempt to qualify under the rental business definition shall be 

deemed a violation of this article. 

(k) New applications for non-operational engines or equipment units will not be 

accepted by the Executive Officer. 

(l) Once registration is issued by the Executive Officer, district permits or 

registrations for engines or equipment units registered in the Statewide 

Registration Program are preempted by the statewide registration and are, 

therefore, considered null and void, except for the following circumstances where 

a district permit shall be required: 

(1) engines or equipment units used in a project(s) operating in the OCS. The 

requirements of the district permit or registration apply to the registered 

engine or equipment unit while operating at the project(s) in the OCS; or 

(2) engines or equipment units used in a project(s) operating in both the OCS 

and STW. The requirements of the district permit or registration apply to 
A-13

the registered engine or equipment unit while operating at the project(s) in 

the OCS and STW; or 

(3) at STW project(s) that trigger district emission offset thresholds; or 

(4) at any specific location where statewide registration is not valid. The 

owner of the engine or equipment unit shall obtain a district permit or 

registration for the location(s) where the statewide registration is not valid; 

or 

(5) at any location where an engine or equipment unit that has been 

determined to cause a public nuisance as defined in Health and Safety 

Code Section 41700. 

Under no circumstance shall a portable engine or equipment unit be operated 

under both statewide registration and a district permit at any specific location. 

Where both a district permit for operation at a specific location and statewide 

registration have been issued for an engine or equipment unit, the terms of the 

district permit shall take precedence at that location until the permit is no longer 

valid. 

(m) When ownership of a registered engine or equipment unit changes, the new 

owner shall submit a change of ownership application. This application shall be 

filed within 30 days of the change of ownership. During the 30 day period the 

new owner is authorized to operate the registered engine or equipment unit. If 

an application is not received within 30 days, the engine or equipment unit may 

not operate and the existing registration is not valid for the new owner until the 

application has been filed and all applicable fees have been paid. Registration 

will be reissued to the new owner after a complete application has been 

approved by the Executive Officer. 

(n) Except for TSE, Aa placard shall be required for every engine or equipment unit 

registered in the Statewide Registration Program. The placard shall be affixed 

on the registered engine or equipment unit at all times so that it may be easily 

viewed from a distance. Placards shall be purchased at the time of the first 

renewal or at the time of initial registration, which ever occurs first. Failure to 

properly maintain the placard shall be deemed a violation of this article. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2454. Registration Process. 

(a) The Executive Officer shall make registration data available to the districts via the 

Internet. 

(b) The Executive Officer may conduct an inspection of an engine or equipment unit 

and/or require a source test in order to verify compliance with the requirements of 

this article prior to issuance of registration. 
A-14

(c) After obtaining registration in accordance with this article, an owner or operator of 

the registered engines or equipment units: 

(1) shall comply with all conditions set forth in the issued registration. Failure 

to comply with such conditions shall be deemed a violation of this article; 

and 

(2) may operate within the boundaries of the State of California so long as 

such registered engines or equipment units comply with all applicable 

requirements of this article and any other applicable federal or State law. 

(d) Districts shall provide the Executive Officer with written reports or electronic 

submittals via the Internet, describing any inspections and the nature and 

outcome of any violation of local, State or federal laws by the owner or operator 

of registered engines or equipment units. The Executive Officer shall make 

available to all districts such information via the Internet. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2455. General Requirements. 

(a) The emissions from engines or equipment units registered under this article shall 

not, in the aggregate, interfere with the attainment or maintenance of any 

California or federal ambient air quality standards. The emissions from one or 

more registered engines or equipment units, exclusive of background 

concentration, shall not cause an exceedance of any ambient air quality 

standard. This paragraph shall not be construed as requiring operators of 

registered engines or equipment units to provide emission offsets for engines or 

equipment units registered under this article. 

(b) Engines or equipment units registered under this article shall comply with article 

1, chapter 3, part 4, division 26 of the California Health and Safety Code, 

commencing with section 41700. 

(c) Except for engines or equipment units permitted or registered by a district in 

which an emergency event occurs, an engine or equipment unit operated during 

an emergency event as defined in section 2452 (fi) of this article, is considered 

registered under the requirements of this article for the duration of the emergency 

event and is exempt from sections 2455, 2456, 2457, 2458, and 2459 of this 

article for the duration of the emergency event provided the owner or operator 

notifies the Executive Officer within 24 hours of commencing operation. The 

Executive Officer may for good cause refute that an emergency event under this 

provision exists. If the Executive Officer deems that an emergency event does 

not exist, all operation of engines and equipment units covered by this provision 

shall cease operation immediately upon notification by the Executive Officer. 
A-15

Misrepresentation of an emergency event and failure to cease operation under 

notice of the Executive Officer shall be deemed a violation of this article. 

(d) For the purposes of registration under this article, the owner or operator of a 

registered equipment unit must notify the U.S. EPA and comply with 40 CFR 

52.21 if: 

(1) the registered equipment unit operates at a major stationary source under 

40 CFR 51.166 or 52.21, and 

(A) the major stationary source is located within 10 kilometers of a 

Class I area; or 

 (B) the registered equipment unit, operating in conjunction with other 

registered equipment units, operates at the major stationary source 

and its operation would be defined as a major modification to the 

stationary source under 40 CFR 51.166 or 52.21; or 

 (2) the registered equipment unit, operating in conjunction with other 

registered equipment units, would be defined as a major stationary 

source, as defined under 40 CFR 51.166 or 52.21. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2456. Engine Requirements. 

(a) For TSE, no air contaminant shall be discharged from a registered engine or 

equipment unit into the atmosphere, other than uncombined water vapor, for a 

period or periods aggregating more than three minutes in any one hour which is 

as dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, 

as published by the United States Bureau of Mines, or of such opacity as to 

obscure an observer’s view to a degree equal to or greater than does smoke 

designated as No. 2 on the Ringelmann Chart. No other requirements of this 

section are applicable to TSE. 

(b) Registered diesel pile-driving hammers shall comply with the applicable 

provisions of section 41701.5 of the California Health and Safety Code and are 

otherwise exempt from further requirements of this section. 

(c) To be registered in the Statewide Registration Program, a registered engine 

rated less than 50 brake horsepower shall be a certified compression-ignition

engine or a certified spark-ignition engine, unless no emission standards exist for 

that brake horsepower and year of manufacture. In that event, the engine shall 

comply with the applicable daily and annual emission limits contained in section 

2456 (d)(6) of this article. No other requirements of this section are applicable to 

portable engines rated less than 50 brake horsepower. 
A-16

(d) After January 1, 2006, engines rated equal to, or greater than 50 bhp registered 

under this article shall: 

(1) be certified compression-ignition engines or certified spark-ignition 

engines that meet the most stringent emissions standard in effect for the 

applicable horsepower range at the time the application is 

receivedsubmitted by the responsible official. Spark-ignition engines that 

are not certified spark-ignition engines may be registered if they meet the 

emission standards in Table 1. This provisionSubsection (d)(1) does not 

apply to certified compression-ignition engines built under the flexibility 

provisions for equipment and vehicle manufacturers, post manufacture 

marinizers listed in 40 CFR part 89.102, engines that qualify asare 

resident engines, or changes of ownership, or engines that meet the 

requirements of Title 17 of the California Code of Regulations sections 

93116.3(b)(7), 93116.3(b)(8), or 93116.3.1. Notwithstanding the 

foregoing, until November 1, 2006, the requirement for a certified Tier 3 

engine in the 175 to 750 bhp range and a certified Tier 2 engine for 

engines rated at greater than 750 bhp shall not apply to owners of new 

engines purchased on or after July 1, 2005, but before January 1, 2006, 

provided: 

(A) the engine is in a new piece of equipment that was sold to the 

ultimate user by the manufacturer or an authorized distributor 

between July 1, 2005 and December 31, 2005 and is either a 

certified Tier 2 engine for engines in the 175 to 750 bhp range or a 

certified Tier 1 engine for engines rated at greater than 750 bhp; 

and 

(B) a complete PERP application, including all forms and applicable 

fees, are received by the Executive Officer prior to November 1, 

2006; and 

(C) the application contains valid documentation of the date of sale as 

approved by the Executive Officer. Valid documentation of the date 

of sale includes, but is not limited to, the date shown on the front of 

the cashed check, the date of the financial transaction, or the date 

shown on the engine purchase agreement between the ultimate 

user or engine packager, and the engine manufacturer or 

dealer/distributor. 

(2) meet all applicable requirements in Title 17 of the California Code of 

Regulations commencing with section 93116; 

(3) use only fuels meeting the standards for California motor vehicle fuels as 

set forth in chapter 5, division 3, Title 13 of the California Code of 

Regulations, commencing with section 2250, or other fuels and/or 

additives that have been verified through the Verification Procedure for InUse Strategies to Control Emissions from Diesel Engines; 

(4) not exceed particulate matter emissions concentration of 0.1 grain per 

standard dry cubic feet corrected to 12 percent CO2. This provision does 

not apply to certified compression-ignition engines, certified spark-ignition 

engines, or any spark-ignition engine meeting Table 1 requirements; 
A-17

(5) not discharge air contaminants into the atmosphere for a period or periods 

aggregating more than three minutes in any one hour which is as dark as 

or darker than Ringelmann 1 or equivalent 20 percent opacity; and 

(6) not exceed the following emission limits: 

(A) 550 pounds per day per engine of carbon monoxide (CO); 

(B) 150 pounds per day per engine of particulate matter less than 10 

microns (PM10); 

(C) for registered engines operating onshore, 10 tons for each pollutant 

per district per year per engine for NOx, SOx, VOC, PM10, and CO 

in nonattainment areas; and 

(D) for registered engines operating within STW: 

(1) the offset requirements of the corresponding onshore district 

apply. Authorization from the corresponding onshore district 

is required prior to operating within STW. If authorization is 

in the form of a current district permit, the terms and 

conditions of the district permit supersede the requirements 

of the statewide registration for the project, except that the 

most stringent of the technology and emission concentration 

limits required by the district permit or statewide registration 

are applicable. If the registered engine does not have a 

current district permit, the terms and conditions of the 

statewide registration apply, and the corresponding onshore 

district may require offsets pursuant to district rules and 

regulations. The requirement for district offsets shall not 

apply to the owner or operator of an engine(s) registered in 

the statewide registration program when the engine(s) is 

operated at a stationary source permitted by the district; and 

(2) the corresponding onshore district may perform an ambient 

air quality impact analysis (AQIA) for the proposed project 

prior to granting authorization. The owner or operator of 

engine(s) registered in the statewide registration program 

shall be required, at the request of the district, to submit any 

information deemed by the district to be necessary for 

performing the AQIA. Statewide registration shall not be 

valid at any location where the AQIA demonstrates a

potential violation of an ambient air quality standard. 

(E) for registered engines operating in the South Coast Air Quality 

Management District (SCAQMD), 100 pounds nitrogen oxides 

(NOx) per project per day [An owner may substitute SCAQMD 

permit or registration limits in effect on or before September 17, 

1997 (optional)]; 

(F) 100 pounds NOx per registered engine per day, except in 

SCAQMD where the limit is 100 pounds NOx per project per day. 

 
A-18

(7) In lieu of (6)(E) and (6)(F) above, operation of a registered new nonroad 

engine rated at 750 brake horsepower or greater for which a federal or 

California standard pursuant to 40 CFR Part 89 or Title 13 of the California 

Code of Regulations has not yet become effective, shall not exceed 12 

hours per day. 

(8) For registered engines that operate in both STW and onshore, the 10 tons 

per district per year per engine limit in (6)(C) above shall only apply 

onshore. 

(9) For certified compression-ignition engines, certified spark-ignition engines, 

or any spark-ignition engine meeting Table 1 requirements, the daily and 

annual emission limitations in section 6 above shall not apply. 

 

(e) All registered engines shall be equipped with a functioning non-resettable hour 

meter, fuel meter or other operation tracking device approved by the Executive 

Officer. Engines registered prior to the effective date of this regulation, that are 

not equipped with a functional non-resettable hour meter, fuel meter or other 

operation tracking device shall install one and notify ARB in writing within 6 

months of the effective date of this regulation. 

(f) Registered TSE is exempt from district New Source Review and Title V 

programs, including any offset requirements. Further, emissions from registered 

TSE shall not be included in Title V or New Source Review applicability 

determinations. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

Table 1 Spark-ignition Engine Requirements* 

Pollutant Emission Limits 

NOx** VOC** CO**

80 ppmdv NOx 

(1.5 g/bhp-hr) 

240 ppmdv VOC 

(1.5 g/bhp-hr) 

176 ppmdv CO 

(2.0 g/bhp-hr)

* These requirements are in addition to requirements of section 2455 and 2456. 

** For the purpose of compliance with this article, ppmdv is parts per million @ 15 percent oxygen averaged 

over 15 consecutive minutes. Limits of ppmdv are the approximate equivalent to the stated grams per 

brake horsepower hour limit based on assuming the engine is 24.2 percent efficient. 
A-19

§ 2457. Requirements for Registered Equipment Units. 

(a) Emissions from a registered equipment unit, exclusive of emissions emitted 

directly from the associated portable engine, shall not exceed: 

(1) 10 tons per year per district of PM10; and 

(2) 82 pounds per project per day of PM10. 

(3) For registered equipment units that operate within STW and onshore, 

emissions released while operating both in STW and onshore shall be 

included toward the 10 tons per year limit. 

(b) Registered equipment units shall also meet the following applicable 

requirements: 

(1) Confined abrasive blasting operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(B) the particulate matter emissions shall be controlled using a fabric or 

cartridge filter dust collector; 

(C) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the dust 

collection equipment; 

(D) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; and 

(E) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

(2) Concrete batch plants: 

(A) all dry material transfer points shall be ducted through a fabric or 

cartridge type filter dust collector, unless there are no visible 

emissions from the transfer point; 

(B) all cement storage silos shall be equipped with fabric or cartridge 

type vent filters; 

(C) the silo vent filters shall be maintained in proper operating 

condition; 

(D) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(E) open areas and all roads subject to vehicular traffic shall be paved, 

watered, or chemical palliatives applied to prevent fugitive 

emissions in excess of 20 percent opacity or Ringelmann 1; 
A-20

(F) silo service hatches shall be dust-tight; 

 (G) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the fabric dust 

collection equipment; 

(H) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; 

(I) all aggregate transfer points shall be equipped with a wet 

suppression system to control fugitive particulate emissions unless 

there are no visible emissions; 

(J) all conveyors shall be covered, unless the material being 

transferred results in no visible emissions; 

(K) wet suppression shall be used on all stockpiled material to control 

fugitive particulate emissions, unless the stockpiled material results 

in no visible emissions; and 

(L) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

 (3) Sand and gravel screening, rock crushing, and pavement crushing and 

recycling operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(B) there shall be no visible emissions beyond the property line on 

which the equipment is being operated; 

(C) all transfer points shall be ducted through a fabric or cartridge type 

filter dust collector, or shall be equipped with a wet suppression 

system maintaining a minimum moisture content unless there are 

no visible emissions; 

(D) particulate matter emissions from each crusher shall be ducted 

through a fabric dust collector, or shall be equipped with a wet 

suppression system which maintains a minimum moisture content 

to ensure there are no visible emissions; 

(E) all conveyors shall be covered, unless the material being 

transferred results in no visible emissions; 

(F) all stockpiled material shall be maintained at a minimum moisture 

content unless the stockpiled material results in no visible 

emissions; 

(G) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the fabric dust 

collection equipment; 
A-21

(H) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; 

(I) open areas and all roads subject to vehicular traffic shall be paved, 

watered, or chemical palliatives applied to prevent fugitive 

emissions in excess of 20 percent opacity or Ringelmann 1; and 

(J) if applicable, the operation shall comply with the requirements of 40 

CFR Part 60 Subpart OOO. 

(4) Unconfined abrasive blasting operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 2 or equivalent 

40 percent opacity; 

(B) only California Air Resources Board-certified abrasive blasting 

material shall be used [Note: see Title 17, California Code of 

Regulations, section 92530 for certified abrasives.]; 

(C) the abrasive material shall not be reused; 

(D) no air contaminant shall be released into the atmosphere which 

causes a public nuisance; 

(E) all applicable requirements of Title 17 of California Code of 

Regulations shall also apply; and 

(F) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

(5) Tub grinders and trommel screens: 

(A) there shall be no visible emissions beyond the property line on 

which the equipment is being operated; 

(B) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark or darker than Ringelmann 1 or equivalent 

20 percent opacity; and 

(C) water suppression or chemical palliatives shall be used to control 

fugitive particulate emissions from the tub grinder whenever the tub 

grinder is in operation, unless there are no visible emissions. 

(c) Registered equipment units not described in section 2457(b) above, shall be 

subject to the most stringent district Best Available Control Technology (BACT) 

requirements in effect for that category of source at the time of application for 

registration. 

(d) No change in equipment unit configuration, operating scenario, or number of 

transfer points from that set out in the registration for the equipment unit shall be 

made unless a complete application for modification has been filed and approved 

by the Executive Officer prior to operation. 

 
A-22

(e) Registration is not valid for any equipment unit operating at a location if by virtue 

of the activity to be performed hazardous air pollutants will be emitted (e.g., rock 

crushing plant operating in a serpentine quarry). [Note: The equipment unit 

would be subject to the requirements of the district in which the equipment unit is 

operated.] 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2458. Recordkeeping and Reporting. 

(a) Except for registered engines and equipment units owned by a rental business, 

used in a third-party rental, operated by a PEPS, or TSE, the owner of a 

registered engines, including engines otherwise preempted under section 209 (e) 

of the federal Clean Air Act, or registered equipment units shall maintain records 

of operation of each registered engine and equipment unit. Recordkeeping for 

unitsengines not previously required to maintain records shall begin upon the 

effective date of the regulation or January 1, 2007, which ever is later. For 

unitsengines not previously required to have an hour meter, fuel meter or other 

device approved by the Executive Officer, the owner or operator shall record 

hours of operation until the hour meter, fuel meter or other device approved by 

the Executive Officer has been installed. The records shall be maintained at a 

central place of business for five years, and made accessible to the Executive 

Officer or districts upon request. Records shall be maintained in a format 

approved by the Executive Officer and include, at a minimum, all of the following: 

(1) engine or equipment unit registration number; 

(2) recordings from an hour meter, fuel meter, or other device approved by 

the Executive Officer, and the corresponding dates of the recordings for 

each registered engine or equipment unit based on the following: 

(A) for each project as defined in 2452 (gg) or (hh), readings shall be 

recorded prior to the commencement of operation and at the 

completion of the project; or 

(B) for ongoing operation of a registered engine or equipment unit at 

multiple locations within a stationary source, readings shall be 

recorded at the beginning and end of each calendar week; or 

(C) for each location, readings shall be recorded prior to 

commencement of operation and upon completion of operation at 

that location. 

(3) For registered engines and equipment units subject to a daily operational 

limitation, daily records of either hours of operation, fuel usage, or process 

throughput as applicable. 

(4) recordings from an hour meter, fuel meter, or other device approved by 

the Executive Officer and the corresponding dates of the recordings any 
A-23

time an engine or equipment unit is undergoing service, repair, or 

maintenance; and 

(5) for each start and stop reading specified in (2) and (3) above, the location 

identified by district, county, or other indicator (i.e., street address, UTM 

coordinates, etc.) 

(b) A rental business or the owner of a registered engine or equipment unit involved 

in a third party rental, shall maintain records for each rental or lease transaction. 

The written rental or lease agreement shall be kept onsite with the registered 

engine or equipment unit at all times. Recordkeeping for registered unitsengines

not previously required to maintain records shall begin upon the effective date of 

the regulation or January 1, 2007, which ever is later. For registered 

unitsengines not previously required to have an hour meter, fuel meter or other 

device approved by the Executive Officer, the owner or operator shall record 

hours of operation until the hour meter, fuel meter or other device approved by 

the Executive Officer has been installed. The owner shall provide each person 

who rents a registered engine or equipment unit with a written copy of applicable 

requirements of this article, including recordkeeping and notification 

requirements, as a part of the agreement. The records, including written 

acknowledgment by each renter of the registered engine or equipment unit of 

having received the above information, shall be maintained by the rental 

business or the owner of the registered engine or equipment unit involved in a 

third-party rental at a central location for five years, and made accessible to the 

Executive Officer or districts upon request. Records shall be maintained in a 

format approved by the Executive Officer and include, at a minimum, for each 

registered rental engine or equipment unit all of the following: 

(1) registered engine or equipment unit registration number; 

(2) dates for the start and end of the rental transaction 

(3) hours of operation for each rental period including the hour meter reading 

at the start of the rental transaction and the hour meter reading at the end 

of the rental transaction; and 

(4) location of use (by district, county or other indicator (i.e., street address, 

UTM coordinates, etc.)). 

(c) For TSE, each military installation shall provide the Executive Officer an annual 

report, in a format approved by the Executive Officer, within 60 days after the end 

of each calendar year. The report shall include the number, type, and rating of 

registered TSE at each installation as of December 31 of that calendar year, and 

be accompanied by the applicable fees pursuant to section 2461. Any variation 

of registered TSE to actual TSE shall be accounted for in this annual report, and 

the Executive Officer shall issue an updated TSE list accordingly. A renewal 

registration will be issued with the updated TSE list every three years according 

to expiration date. 

 (d) For each registered engine subject to the requirements of Title 17 California 

Code of Regulations section 93116, the owner shall keep records and submit 
A-24

reports in accordance with Title 17 California Code of Regulations section 

93116.4. 

(e) Except for registered engines or equipment units owned by a rental business, 

used in a third-party rental, operated by a PEPS or TSE, the owner of a 

registered engine or equipment unit shall provide the Executive Officer an annual 

report signed by the responsible official, in a format approved by the Executive 

Officer, by March 1 of each calendar year containing all of the following 

information: 

(1) the reporting year; 

(2) the registration number of each registered engine and/or equipment unit; 

(3) for registered engines, quarterly summaries for each district or county the 

total fuel usage in gallons per quarter, or total hours of operation per 

quarter, for each registered engine; and 

(4) for registered equipment units, quarterly summaries for each district or 

county in which the registered equipment unit was operated and the total 

process weight or throughput. 

(f) The owner of a registered engine or equipment unit owned by a rental business 

or used in a third-party rental transaction shall provide the Executive Officer an 

annual report signed by the responsible official, in a format approved by the 

Executive Officer, by March 1 of each calendar year containing all of the 

following information: 

 (1) the reporting year; 

 (2) the registration number of each registered engine and/or equipment unit; 

(3) total hours of operation for the reporting year for each registered engine 

based on, and including, beginning and ending annual hour meter 

readings and dates upon which the total hours of annual operation 

calculation is based; 

(4) list of all counties in which the registered engine operated in during the 

reporting year as reported by the entity(ies) that operated the registered 

engine or equipment unit; and 

(5) estimate of the percentage of total hours operated in each of the counties 

identified in (4) above. 

(g) the owner or operator of a registered engine or equipment unit used by a PEPS 

shall provide the Executive Officer an annual report, in a format approved by the 

Executive Officer, by March 1st of each calendar year containing all of the 

following information: 

 (1) the reporting year; 

 (2) the registration number of each registered engine and/or equipment unit; 

(3) total hours of operation; and 

(4) estimate of the percentage of hours or fuel usage for the three counties in 

which the registered engine or equipment unit operated the most. 
A-25

(h) Records requests made by a district or Executive Officer shall be made to the 

responsible official. The responsible official shall provide the requested records 

within 30 days from receipt of the request. Failure to provide the records by the 

specified date shall be deemed a violation of this article. 

(i) Each district shall provide the Executive Officer with an annual report, in a format 

approved by the Executive Officer, by March 31 following the year in which the 

information was collected containing all of the following information: 

(1) the number of portable engines and equipment units inspected; 

(2) the number of portable engines and/or equipment units found operating 

without valid district permits or statewide registrations; 

(3) the number of registered engines and equipment units inspected; and 

(4) summary of results of inspections. 

(j) Vendors selling new portable engines and/or equipment units in California shall: 

(1) notify the buyer about this regulation; and 

(2) on a monthly basis submit to the Executive Officer the number of portable 

engines and/or portable equipment units sold by the vendor for use in 

California including: the name, address, and contact information of the 

purchaser, and description of the engine and/or equipment unit including 

make, model, and engine family name. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2459. Notification. 

(a) Except as listed in subsection (d) of this section, if a registered equipment unit 

will be at a location for more than five days, the owner or operator of that 

registered equipment unit, shall notify the district in writing in a format approved 

by the Executive Officer, within two working days of commencing operations in 

that district. If the registered equipment unit is to be moved to different locations 

within the same district, the owner or operator shall be subject to the notification 

requirements above, unless the owner or operator and the district, by mutual 

agreement, arrange alternative notification requirements on a case-by-case 

basis. The notification shall include all of the following: 

(1) the registration number of the registered equipment unit; 

(2) the name and phone number of the responsible official or renter with 

information concerning the locations where the registered equipment unit 

will be operated within the district; and 

(3) estimated time the registered equipment unit will be located in the district. 
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(b) If the district has not been notified as required in section 2459(a) above, because 

the owner or operator did not reasonably expect the duration of operation to 

trigger the notification requirement in section 2459(a) above, the owner or 

operator shall notify the district, in a format approved by the Executive Officer, 

within 12 hours of determining the registered equipment unit will be operating at 

a location more than five days. 

(c) Owners and operators of TSE are not subject to the notification requirements of 

this section 2459. 

(d) For STW projects, the owner or operator of a registered engine or registered 

equipment unit shall notify the corresponding onshore district in writing, in a 

format approved by the Executive Officer at least 14 days in advance of 

commencing operations in that district. The notification shall include all of the 

following: 

(1) the registration number of the registered engine or equipment unit; 

(2) the name and phone number of the responsible official with information 

concerning the locations where the registered engine or equipment unit 

will be operated within the district; 

(3) estimated time the registered engine(s) or equipment unit(s) will be 

located in the district; and 

(4) calculations showing the estimation of actual emissions expected for the 

project. 

 (e) Except as listed in section 2459(d) above, owners and operators of registered 

engines are not subject to notification requirements. 

(f) The Executive Officer shall make available via the Internet a list of approved 

notification methods for each district. 

(g) Failure to provide the required notifications within the timelines specified in this 

section shall be deemed a violation of this articleregulation. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2460. Inspections and Testing. 

(a) In determining if a portable engine or equipment unit is eligible for registration, 

the Executive Officer may inspect the portable engine or equipment unit and/or 

require a source test, at the owner’s expense. 

(b) Each district shall inspect all registered engines and equipment units for which 

the district has been designated as the home district pursuant to section 2453(i) 

above, as specified below: 
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(1) Within 45 days after the date of initial issuance or renewal of a 

registration, the owner or operator shall contact the home district to 

arrange for inspection of the registered engine or equipment unit to be 

completed within one year of the initial registration or renewal date. If the 

registered engine or equipment unit shall be operating in a district, other 

than the home district, the owner or operator may request the home 

district to arrange for an inspection by that other district. 

(2) For portable engines, each home district should conduct no more than 20 

percent of the arranged inspections for that district as in-field inspections. 

All arranged inspections not conducted as in-field inspections shall be 

conducted as non-field inspections. If a portable engine is found in 

violation during an in-field inspection, the next arranged inspection for that 

engine shall be an in-field inspection. This section does not limit the 

authority of a district to conduct any number of non-arranged in-field or 

non-field inspections for which no fee is charged. 

(3) For registered equipment units operating with registered engines, the 

owner or operator may request that the registered engine be inspected 

under the arranged inspection program or together with the equipment unit 

at the hourly rate specified in Table 23. 

 

(4) Arranged inspections for PEPS engines and registered equipment units 

shall be non-field inspections unless an in-field inspection is requested by 

the holder of the registration and a reasonable in-field inspection location 

is arranged with the appropriate district. 

(5) The time for an arranged inspection shall be agreed upon in advance with 

the district and company preferences regarding time of day shall be 

accommodated within reason. To the extent that an arranged inspection 

does not fall within the district’s normal workday, the district may charge 

for the off-hour time based on a fee as specified in Table 23. 

(6) If an arranged inspection of a registered engine or registered equipment 

unit does not occur due to unforeseen circumstances, the owner or 

operator and the home district shall reschedule the arranged inspection no 

later than 90 days of the initially scheduled inspection. Any unreasonable 

actions on the part of the owner or operator that prevents the inspection to 

occur within the specified time frame shall be deemed a violation of this 

article. Actions taken by the owner or operator that could be deemed 

“unreasonable” include, but are not limited to: 

 

(A) failing to respond to the district correspondences or other contracts 

made to schedule the inspection; 

(B) failing to ensure that the registered engine or equipment unit is in 

operation for arranged “in-field inspections” or where the district has 

provided advance notification to the owner or operator that the 
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registered engine or equipment unit is required to be observed in 

operation. 

(7) The owner or operator may request the scheduling of one or more 

arranged inspections for multiple engines in order to qualify for an 

inspection fee discount as specified in section 2461 (d). Within 45 days of 

date of initial issuance of registration or by January 30 of each year for 

renewals, the owner or operator shall submit a letter of intent including an 

equipment list and registration numbers to the district to arrange for 

inspection of multiple engines. The inspections shall be completed within 

one year after the registration renewal date for each engine inspected. 

(8) If a registered engine or equipment unit is out of California for one year or 

more following initial registration or renewal, the engine or equipment unit 

shall be excused from having the arranged inspection within that period if: 

(A) within 45 days after the date of initial issuance or renewal of the 

registration, the owner or operator submitted a letter to the district 

noting the registration number of the registered engine or 

equipment unit and that the engine or unit is out of California for the 

one-year period; and 

(B) upon the return of the registered engine or equipment unit to the 

State, the owner or operator shall arrange to have the registered 

engine or equipment unit inspected within 30 days. 

(c) After issuance of registration, the Executive Officer or district may at any time 

conduct an inspection of any registered engine or equipment unit in order to verify 

compliance with the requirements of this article. The district shall not charge the 

owner or operator an additional inspection fee for that inspection. Source testing 

of engines for compliance purposes shall not be required more frequently than 

once every three years (including testing at the time of registration), except as 

provided in section 2460 (e), unless evidence of engine tampering, lack of proper 

engine maintenance, or other problems or operating conditions that could affect 

engine emissions are identified. In no event shall the Executive Officer or district 

require source testing of a registered engine for which there is no applicable 

emission standard, emission limit or other emission related requirement contained 

in this regulation. 

(d) Testing shall be conducted in accordance with the following methods or other 

methods approved by the Executive Officer: 

Particulate Matter: ARB Test Method 5 with probe catch and filter catch only 

 VOC: ARB Test Method 100 or U.S. EPA Test Method 25A 

NOx: ARB Test Method 100 or U.S. EPA Test Method 7E 

Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 10 

Oxygen: ARB Test Method 100 or U.S. EPA Test Method 3A 

Gas Velocity and Flow Rate: ARB Test Method 1 & 2 or U.S. EPA Test Method 1 & 2 
A-29

(e) Initial or follow-up source testing of engines to verify compliance with the 

requirements of this regulation shall not be required for certified 

 compression-ignition engines and spark-ignition engines. 

(f) The exemption provided in section 2460 (e) shall not apply to source testing of 

engines for compliance purposes where evidence of engine tampering, lack of 

proper engine maintenance, or other problems or operating conditions that could 

affect engine emissions are identified. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2461. Fees. 

(a) Except as otherwise set out herein, the Executive Officer shall assess and collect 

reasonable fees for registration, renewal, and associated administrative tasks, to 

recover the estimated costs to the Executive Officer for evaluating registration 

applications, and issuing registration documentation. 

(b) Fees shall be due and payable to the Executive Officer at the time an application 

is filed or as part of any request requiring a fee. Fees are nonrefundable except 

in circumstances as determined by the Executive Officer. 

(c) Except as provided in (k) below, Tthe owner or operator of a registered engine or 

equipment unit shall submit fees to the Executive Officer and to districts in 

accordance with Table 23. 

(d) The Executive Officer shall collect an inspection fee as listed in Table 23 one 

time per every three calendar years for each registered engine to be paid upon 

initial application and renewal. Except for TSE, when multiple registered engines 

are inspected at a given source or location, the owner shall receive a discount if 

the owner or operator intends to arrange multiple engines inspections with the 

district and complies with the requirements specified in section 2460(b)(7). The 

discounts shall be applied as follows: 

(1) no discount for 1 to 3 engines 

(2) 25 percent discount for 4 to 9 engines 

(3) 35 percent discount for 10 or more engines 

(e) Failure to pay renewal fees when due may result in penalties. If a fee payment is 

not received or postmarked by the specified due date, fee penalties may be 

assessed per unit in accordance with Table 23. Failure to pay renewal fees prior 

to expiration may result in cancellation of the registration. If a registration has 

expired for an engine or equipment unit that is eligible for reactivation, a canceled 

registration may be reactivated after payment of all renewal and penalty fees. 

Registration may be reissued under the original registration number and 
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expiration date. A portable engine or equipment unit without valid registration is 

subject to the rules and regulations of the district in which it operates. 

(f) Fees shall be periodically revised by the Executive Officer in accordance with the 

consumer price index, as published by the United States Bureau of Labor 

Statistics. 

(g) A district may collect a fee for the inspection of a registered equipment unit 

pursuant to section 2460(b)(3). The district shall bill the owner of the equipment 

unit at a rate as specified in Table 23 of the regulation for actual staff time taken 

to perform the inspection, not to exceed the amount specified in Table 23. Upon 

receipt of the invoice for the inspection fee, the owner shall have the right to 

appeal the district’s fee determination to the district Air Pollution Control 

Officer/Executive Officer pursuant to the provisions of the district’s rules and 

regulations that govern appeals of fee determinations. 

(h) The Executive Officer shall collect fees at the time of initial registration and 

renewal for each registered engine as specified in Table 2.

(ih) The Executive Officer shall annually distribute district inspection fees collected 

for that year. General inspection fees will be distributed equally among the 

districts. Home district inspection fees will be distributed to the corresponding 

home district. 

(ji) TSE fees are due at the time of the report pursuant to section 2458 (c). Failure 

to submit the annual report and applicable fees within six calendar months after 

the end of the year will result in cancellation of the registration. For TSE, if 

registration is cancelled or allowed to expire, the applicant shall reapply and pay 

initial registration fees. 

(kj) The district may collect an inspection fee as listed in Table 3 one time per 

calendar year for each registered TSE inspected. When multiple registered TSE 

units are inspected at a given source or location, the inspection fee shall be 

equal to the lesser of the actual cost, including staff time, for conducting the 

inspection or the fee as listed in Table 23 per registered portable engine or 

equipment unit inspected. If the district performs an inspection leading to 

determination of non-compliance with this article, or any applicable state or 

federal requirements, the district may charge a fee as listed in Table 23 per 

portable engine or equipment unit for each inspection necessary for the 

determination and ultimate resolution of the violation. In no event shall the total 

fees exceed the actual costs, including staff time, to the district of conducting the 

investigations and resolving any violations. 

(k) Portable engines qualifying for initial registration as resident engines per section 

2452(mm)(2) shall use the Table 2 fee schedule. The fees collected subject to 

this section shall be distributed to the districts, except that $270 dollars per 

engine for initial registration, and an additional $80 dollars per engine shall be 

retained by the Air Resources Board to provide for administrative costs. The fees
A-31

shall be determined as follows: 

(1) For tier 1 engines, as defined in section 2452(vv), registration fees will be 

based on the year listed in Table 2, as determined below: 

(A) Where date of purchase can be verified by the Executive Officer, the 

earlier of: 

(1) for engines ≥50 bhp and <100 bhp: year of purchase or 2004; 

(2) for engines ≥100 bhp and <300 bhp: year of purchase or 2003; 

(3) for engines≥300 bhp and <600 bhp: year of purchase or 2001; 

(4) for engines ≥600 bhp and ≤750 bhp: year of purchase or 2002; 

(5) for engines >750 bhp: year of purchase or 2006.

(B) Where the date of purchase can not be verified, the model year shall 

be used.

(2) For tier 2 engines, as defined in section 2452(ww), registration fees as listed 

in table 3 will be based on the year the engine was purchased (as verified 

by the Executive Officer) or the model year of the engine (if purchase date is 

not available). 

Table 2 Registration Fees For Resident Engines Per Section 2452(mm)(2)

Portable Engine 

Date*

Application 

Submitted on or 

Before 12/31/07

Application 

Submitted in 

2008

Application 

Submitted in 

2009

1996 $2,353 $3,130 $5,000

1997 $2,195 $2,920 $4,685

1998 $2,038 $2,710 $4,370

1999 $1,880 $2,500 $4,055

2000 $1,723 $2,290 $3,740

2001 $1,565 $2,080 $3,425

2002 $1,408 $1,870 $3,110

2003 $1,250 $1,660 $2,795

2004 $1,093 $1,450 $2,480

2005 $935 $1,240 $2,165

2006 $778 $1,030 $1,850

 *As determined in section 2461(k)
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Table 23 Fees for Statewide Registration Program 

(Fees are per registered unit except where noted otherwise) 

1 Initial Registration $270.00 

2 TSE, initial registration 

A Registration of first 25 units (or portion thereof) $750.00 

B Registration of every additional 50 units (or portion thereof) $750.00 

3 Change of status from non-operational to operational 

A Where initial evaluation has not been previously completed $180.00 

B Where initial evaluation has been previously completed $90.00 

4 Identical replacement $75.00 

5 Renewal, non-TSE $225.00 

6 Penalty fee for late renewal payments, non-TSE 

A Postmarked within 2 calendar months prior to registration expiration date $45.00 

B Postmarked within the calendar month prior to registration expiration date $90.00 

C Postmarked after the registration expiration date $250.00 

7 Annual TSE inventory fee 

A first 25 units (or portion thereof) $375.00 

B every additional 50 units (or portion thereof) $375.00 

8 Modification to registered portable engine or equipment unit $75.00 

9 Change of ownership $75.00 

10 Replacement of registration identification device or placard $30.00 

11 Correction to an engine or equipment unit description $45.00 

12 Update company information, copy of registration documents $45.00 

13 Copy of registration documents $45.00 

14 Total district inspection fee per registered portable engine, paid once every 3 years $345.00 

A General district inspection fee $30.00 

B Home district inspection fee $315.00 

15 District off-hour service fee per hour $50.00 

16 District inspection fees for equipment units: 

 A General district inspection fee, paid once every 3 years $75.00 

 B District inspection fee per equipment unit, per hour $98.00 

(not to 

exceed 

$500.00) 

17 TSE inspection fees: 

 A General district inspection fee per TSE unit, paid annually $10.00 

 B District inspection fee per TSE unit per inspection $75.00 

18 Placard $5.00 
A-33

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code.

§ 2462. Duration of registration. 

(a) Except as provided for in section 2456(d)(6), rRegistrations and renewals will be 

valid for three years from date of issuance. For change of ownership, the 

registration shall retain the original expiration date, except where the registration 

has expired.

(b) The Executive Officer shall mail to the owner of a registered engine or equipment 

unit a renewal invoice at least 60 days prior to the registration expiration. Failure to 

send or receive a renewal invoice does not relieve the responsible official from 

paying all applicable fees when due. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 

41755, Health and Safety Code. 

§ 2463. Suspension or Revocation of Registration.

(a) The Executive Officer for just cause may suspend or revoke registration in any of the 

following circumstances: 

(1) the holder of registration has violated one or more terms and conditions of 

registration or has refused to comply with any of the requirements of this 

article; 

(2) the holder of registration has materially misrepresented the meaning, 

findings, effect or any other material aspect of the registration application, 

including submitting false or incomplete information in its application for 

registration regardless of the holder’s personal knowledge of the falsity or 

incompleteness of the information; 

(3) the test data submitted by the holder of registration to show compliance with 

this regulation have been found to be inaccurate or invalid; 

(4) enforcement officers of the ARB or the districts, after presentation of proper 

credentials, have been denied access, during normal business hours or 

hours of operation, to any facility or location where registered engines and 

equipment units are operated or stored and are prevented from inspecting 

such engines or equipment units as provided for in this article (the duty to 

provide access applies whether or not the holder of registration owns or 

controls the facility or location in question); 

(5) enforcement officers of the ARB or the districts, after presentation of proper 

credentials, have been denied access to any records required by this 

regulation for the purpose of inspection and duplication; 
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(6) the registered engine or equipment unit has failed in-use to 

comply with the findings set forth in the registration. For the purposes of this 

section, noncompliance with the registration may include, but is not limited to: 

(A) a repeated failure to perform to the standards set forth in this article; 

or 

(B) modification of the engine or equipment unit that results in an increase 

in emissions or changes the efficiency or operating conditions of such 

engine or equipment unit, without prior notice to and approval by the 

Executive Officer; or 

(7) the holder of registration has failed to take requested corrective action as set 

forth in a Notice of Violation or Notice to Comply within the time period set 

forth in such notice or as otherwise specified in writing by the issuing district. 

(8) the holder of the registration has failed to pay fees assessed by either the 

Executive Officer or district within 120 after the specified due date and there 

is no pending appeal. 

(b) A holder of registration may be subject to a suspension or revocation action 

pursuant to this section based upon the actions of an agent, employee, licensee, or 

other authorized representative. 

(c) The Executive Officer shall notify each holder of registration by certified mail of any 

action taken by the Executive Officer to suspend or revoke any registration granted 

under this article. The notice shall set forth the reasons for and evidence supporting 

the action(s) taken. A suspension or revocation is effective upon receipt of the 

notification. 

(d) A holder of registration having received a notice to revoke or suspend registration 

may request that the action be stayed pending a hearing under section 2464. In 

determining whether to grant the stay, the Executive Officer shall consider the 

reasonable likelihood that the registration holder will prevail on the merits of the 

appeal and the harm the holder of registration will likely suffer if the stay is not 

granted. The Executive Officer shall deny the stay if the adverse effects of the stay 

on the public health, safety, and welfare outweigh the harm to the holder of 

registration if the stay is not granted. 

(e) Once a registration has been suspended pursuant to (a) above, the holder of 

registration shall satisfy and correct all noted reasons for the suspension and submit 

a written report to the Executive Officer advising him or her of all such steps taken 

by the holder before the Executive Officer will consider reinstating the registration. 

(f) After the Executive Officer suspends or revokes a registration pursuant to this 

section and prior to commencement of a hearing under section 2464, if the holder of 

registration demonstrates to the Executive Officer’s satisfaction that the decision to 
A-35

suspend or revoke the registration was based on erroneous information, the 

Executive Officer will reinstate the registration. 

(g) Nothing in this section shall prohibit the Executive Officer from taking any other 

action provided for by law for violations of the Health and Safety Code. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2464. Appeals. 

(a) Hearing Procedures. 

(1) Any applicant for registration whose application has been denied or a holder 

of registration whose registration has been, suspended, or revoked may 

request a hearing to review the action taken by sending a request in writing 

to the Executive Officer. A request for hearing shall include, at a minimum, 

the following: 

(A) name of applicant or holder of registration; 

(B) registration number; 

(C) copy of the Executive Order revoking or suspending registration or the 

written notification of denial; 

(D) a concise statement of the issues to be raised, with supporting facts, 

setting forth the basis for challenging the denial, suspension, or 

revocation (mere conclusory allegations will not suffice); 

(E) a brief summary of evidence in support of the statement of facts 

required in (D) above; and 

(F) the signature of an authorized person requesting the hearing. 

(2) A request for a hearing shall be filed within 20 days from the date of issuance 

of the notice of the denial, suspension, or revocation. 

(3) A hearing requested pursuant to this section shall be heard by a qualified 

and impartial hearing officer appointed by the Executive Officer. The hearing 

officer may be an employee of the ARB, but may not be any employee who 

was involved with the registration at issue. In a request for a hearing of a 

denial of registration, after reviewing the request for a hearing and supporting 

documentation provided under subsection (1) above, the hearing officer shall 

grant the request for a hearing if he or she finds that the request raises a 

genuine and substantial question of law or fact. 

(4) Except as provided in (3) above, the hearing officer shall schedule and hold, 

as soon as practicable, a hearing at a time and place determined by the 

hearing officer. 

(5) Upon appointment, the hearing officer shall establish a hearing file. The file 

shall consist of the following: 
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(A) the determination issued by the Executive Officer which is the subject 

of the request for hearing; 

(B) the request for hearing and the supporting documents that are 

submitted with it; 

(C) all documents relating to and relied upon in making the determination 

to deny registration or to suspend or revoke registration; and 

(D) correspondence and other documents material to the hearing. 

(6) The hearing file shall be available for inspection by the applicant at the office 

of the hearing officer. 

(7) An applicant may appear in person or may be represented by counsel or by 

any other duly-authorized representative. 

(8) The ARB may be represented by staff or counsel familiar with the registration 

program and may present rebuttal evidence. 

(9) Technical rules of evidence shall not apply to the hearing, except that 

relevant evidence may be admitted and given probative effect only if it is the 

kind of evidence upon which reasonable persons are accustomed to relying 

in the conduct of serious affairs. No action shall be overturned based solely 

on hearsay evidence, unless the hearsay evidence would be admissible in a 

court of law under a legally recognized exception to the hearsay rule. 

(10) The hearing shall be recorded either electronically or by a certified shorthand 

reporter. 

(11) The hearing officer shall consider the totality of the circumstances of 

 the denial, suspension, or revocation, including but not limited to,

 credibility of witnesses, authenticity and reliability of documents, 

 and qualifications of experts. The hearing officer may also consider relevant 

past conduct of the applicant including any prior incidents involving other 

ARB programs. 

(12) The hearing officer’s written decision shall set forth findings of fact and 

conclusions of law as necessary. 

(13) Within 30 days of the conclusion of a hearing, the hearing officer shall submit 

a written proposed decision, including proposed finding as well as a copy of 

any material submitted by the hearing participants as part of that hearing and 

relied on by the hearing officer, to the Executive Officer. The hearing officer 

may recommend to the Executive Officer any of the following: 

(A) uphold the denial, suspension, or revocation action as issued; 

(B) reduce a revocation to a suspension; 

(C) increase a suspension to a revocation if the registration holder's 

conduct so warrants; or 

(D) overturn a denial, suspension, or revocation in its entirety. 
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(14) The Executive Officer shall render a final written decision within 60 working 

days of the last day of hearing. The Executive Officer may do any of the 

following: 

(E) adopt the hearing officer’s proposed decision;

(F) modify the hearing officer’s proposed decision; or 

(G) render a decision without regard to the hearing officer’s proposed 

decision. 

 

(b) Hearing conducted by written submission. 

(1) In lieu of the hearing procedure set forth in (a) above, an applicant may 

request that the hearing be conducted solely by written submission. 

(2) In such case the requestor must submit a written explanation of the basis for 

the appeal and provide supporting documents within 20 days of making the 

request. Subsequent to such a submission the following shall transpire: 

(A) ARB staff shall submit a written response to the requestor’s 

submission and documents in support of the Executive Officer's action 

no later than 10 days after receipt of requestor’s submission; 

(B) The registration holder may submit one rebuttal statement which may 

include supporting information, as attachment(s), but limited to the 

issues previously raised; 

(C) If the registration holder submits a rebuttal, ARB staff may submit one 

rebuttal statement which may include supporting information, as 

attachment(s), but limited to the issues previously raised; and 

(D) the hearing officer shall be designated in the same manner as set 

forth in (a)(3) above. The hearing officer shall receive all statements 

and documents and submit a proposed written decision and such 

other documents as described in (a) 13 above to the Executive Officer 

no later than 30 working days after the final deadline for submission of 

papers. The Executive Officer’s final decision shall be mailed to the 

holder of registration no later than 60 days after the final deadline for 

submission of papers. 

(E) The Executive Officer shall render a final written decision within 60 

working days of the last day of hearing. The Executive Officer may do 

any of the following: 

 (1) adopt the hearing officer’s proposed decision;

(2) modify the hearing officer’s proposed decision; or 

(3) render a decision without regard to the hearing officer’s 

proposed decision. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 

41755, Health and Safety Code. 
A-38

§ 2465. Penalties. 

Violation of the provisions of this article may result in civil, and/or criminal penalties 

pursuant to the California Health and Safety Code. Each day during any portion of which a 

violation occurs is a separate violation. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, 

and 41755, Health and Safety Code. 
Appendix B 

Proposed Regulation Order 

Amendments to the Airborne Toxic Control Measure 

 For Diesel Particulate Matter From Portable Engines 

California Air Resources Board 

Amendments to sections 93116.1, 93116.2, 93116.3, and Adoption of section 93116.3.1, Title 

17, California Code of Regulations 

(Note: Proposed amendments to the regulation are identified below. Underline is used to 

indicate the proposed additions. Strikeout is used to indicate proposed deletions from the 

regulation text.)

B-1 

PROPOSED REGULATION ORDER 

Amend sections 93116.1, 93116.2, 93116.3 and adoption of section 93116.3.1, Title 

17, California Code of Regulations. Sections 93116, 93116.4, and 93116.5 are not 

being amended, but are included for clarity. 

93116 Purpose. 

The purpose of this airborne toxic control measure (ATCM) is to reduce diesel 

particulate matter (PM) emissions from portable diesel-fueled engines having a rated 

brake horsepower of 50 and greater (> 50 bhp). 

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code. 

93116.1 Applicability. 

(a) Except as provided below, all portable engines having a maximum rated 

horsepower of 50 bhp and greater and fueled with diesel are subject to this 

regulation. 

(b) The following portable engines are not subject to this regulation: 

(1) Any engine used to propel mobile equipment or a motor vehicle of any 

kind; 

(2) Any portable engine using an alternative fuel; 

(3) Dual-fuel diesel pilot engines that use an alternative fuel or an alternative 

diesel fuel; 

(4) Tactical support equipment; 

(5) Portable diesel-fueled engines operated on either San Clemente or San 

Nicolas Island; 

(6) Engines preempted from State regulation under 42 USC §7543(e)(1); 

and 

(7) Portable diesel-fueled engines operated at airports that satisfiesy the 

following requirements: 

(A) the equipment is subject to the South Coast Ground Service 

Equipment Memorandum of Understanding (MOU); and 
B-2 

(B) the participating airlines have demonstrated to the satisfaction of the 

Executive Officer that the diesel PM reductions achieved by 

satisfying the requirements of the MOU are equivalent to the 

reductions achieved by this control measure. 

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code.

93116.2 Definitions.

(a) “Air Pollution Control Officer or APCO“ means the air pollution control 

officer of a district, or his/her designee. 

(b) “Alternative Fuel“ means gasoline, natural gas, propane, liquid petroleum 

gas (LPG), hydrogen, ethanol, or methanol. 

(c) “Alternative Diesel Fuel“ means any fuel used in a compression ignition (CI)

engine that is not, commonly or commercially known, sold or represented by 

the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in 

ASTM Standard Specification for Diesel Fuel Oils D975-81, or an alternative 

fuel, and does not require engine or fuel system modifications for the engine 

to operate, although minor modifications (e.g., recalibration of the engine fuel 

control) may enhance performance. An emission control strategy using a fuel 

additive will be treated as an alternative diesel fuel based strategy unless: 

(1) the additive is supplied to the engine fuel by an on-board dosing 

mechanism, or 

(2) the additive is directly mixed into the base fuel inside the fuel tank of the 

engine, or 

(3) the additive and base fuel are not mixed until engine fueling 

commences, and no more additive plus base fuel combination is mixed 

than required for a single fueling of a single engine. 

(d) “CARB Diesel Fuel“ means any diesel fuel that is commonly or commercially 

known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, 

pursuant to the specification for Diesel Fuel Oils D975-81, and that meets the 

specifications defined in Title 13 CCR, sections 2281, 2282, and 2284. 

(e) “Certified Nonroad Engine“ refers to an engine meeting an applicable 

nonroad engine emission standard as set forth in Title 13 of the California 

Code of Regulations or CFR 40 Part 89. 
B-3 

(f) “Diesel Fuel“ means any fuel that is commonly or commercially known, sold, 

or represented by the supplier as diesel fuel, including any mixture of 

primarily liquid hydrocarbons—organic compounds consisting exclusively of 

the elements carbon and hydrogen—that is sold or represented as suitable 

for use in an engine. 

(g) “Diesel-Fueled“ means fueled by diesel fuel, or CARB diesel fuel, in whole or 

part. 

(h) “Diesel Particulate Matter (PM)“ means the particles found in the exhaust of 

diesel-fueled engines which may agglomerate and adsorb other species to 

form structures of complex physical and chemical properties. 

(i) “District“ means a District as defined in Health and Safety Code section 

39025. 

(j) “Dual-fuel Diesel Pilot Engine“ means a dual-fueled engine that uses diesel 

fuel as a pilot ignition source at an annual average ratio of less than 5 parts 

diesel fuel to 100 parts total fuel on an energy equivalent basis. 

(k) “Emergency“ means providing electrical power or mechanical work during 

any of the following events and subject to the following conditions: 

(1) the failure or loss of all or part of normal electrical power service or 

normal natural gas supply to the facility: 

(A) which is caused by any reason other than the enforcement of a 

contractual obligation the owner or operator has with a third party or 

any other party; and 

(B) which is demonstrated by the owner or operator to the district 

APCO’s satisfaction to have been beyond the reasonable control of 

the owner or operator; 

(2) the failure of a facility’s internal power distribution system: 

(A) which is caused by any reason other than the enforcement of a 

contractual obligation the owner or operator has with a third party or 

any other party; and 

(B) which is demonstrated by the owner or operator to the district 

APCO’s satisfaction to have been beyond the reasonable control of 

the owner or operator; 

(3) the pumping of water or sewage to prevent or mitigate a flood or sewage 

overflow; 

(4) the pumping of water for fire suppression or protection; 
B-4 

(5) the pumping of water to maintain pressure in the water distribution 

system for the following reasons: 

(A) pipe break; or 

(B) high demand on water supply system due to high use of water for 

fire suppression; 

(6) the breakdown of electric-powered pumping equipment at sewage 

treatment facilities or water delivery facilities; 

(7) the training of personnel in the use of portable equipment for emergency 

purposes. 

(l) “Emergency Event“ refers to a situation arising from a sudden and 

reasonably unforeseen natural disaster such as an earthquake, flood, fire, or 

other acts of God, or other unforeseen event that requires the use of portable 

engines to help alleviate the threat to public health and safety. 

(m) “Engine“ means any piston-driven internal combustion engine. 

(n) “Engines Used Exclusively in Emergency Applications“ refer to engines 

that are used only during an emergency or emergency event, and includes 

appropriate maintenance and testing.

(o) “Executive Officer“ means the Executive Officer of the California Air 

Resources Board (CARB) or his/her designee. 

(p) “Fleet“ refers to a portable engine or group of portable engines that are 

owned and managed by an individual operational entity, such as a business, 

business unit within a corporation, or individual city or state department under 

the control of a Responsible Official. Engines that are owned by different 

business entities that are under the common control of only one Responsible 

Official shall be treated as a single fleet. 

(q) “Fuel Additive“ means any substance designed to be added to fuel or fuel 

systems or other engine-related systems such that it is present in-cylinder 

during combustion and has any of the following effects: decreased emissions, 

improved fuel economy, increased performance of the engine; or assists 

diesel emission control strategies in decreasing emissions, or improving fuel 

economy or increasing performance of the engine. Fuel additives used in 

conjunction with diesel fuel may be treated as an alternative diesel fuel. 

(r) “In-Use Engines“ refers to portable diesel-fueled engines operating under 

valid permits or registrations as of December 31, 2005. 
B-5 

(s) “Level-3 Verified Technology“ means a technology that has satisfied the 

requirements of the “Verification Procedure for In-Use Strategies to Control 

Emissions from Diesel Engines” in Title 13, California Code of Regulations, 

commencing with section 2700, and has demonstrated an reduction in diesel 

particulate matter of 85% or greater. 

(t) “Location“ means any single site at a building, structure, facility, or 

installation. 

(u) “Low-Use Engines“ refers to portable diesel-fueled engines that operate 80 

hours or less in a calendar year. 

(v) “Maximum Rated Horsepower (brake horsepower (bhp))“ is the maximum 

brake horsepower rating specified by the portable engine manufacturer and 

listed on the nameplate of the portable engine. 

(w) “Nonroad Engine“ means: 

(1) Except as discussed in paragraph (2) of this definition, a nonroad engine 

is any engine: 

(A) in or on a piece of equipment that is self-propelled or serves a dual 

purpose by both propelling itself and performing another function 

(such as garden tractors, off-highway mobile cranes and 

bulldozers); or 

(B) in or on a piece of equipment that is intended to be propelled while 

performing its function (such as lawnmowers and string trimmers); 

or 

(C) that, by itself or in or on a piece of equipment, is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. Indicia of transportability 

include, but are not limited to, wheels, skids, carrying handles, 

dolly, trailer, or platform. 

(2) An engine is not a nonroad engine if: 

(A) the engine is used to propel a motor vehicle or a vehicle used 

solely for competition, or is subject to standards promulgated under 

section 202 of the federal Clean Air Act; or 

(B) the engine is regulated by a federal New Source Performance 

Standard promulgated under section 111 of the federal Clean Air 

Act; or 

(C) the engine otherwise included in paragraph (1)(C) of this definition 

remains or will remain at a location for more than 12 consecutive 
B-6 

months or a shorter period of time for an engine located at a 

seasonal source. Any engine(s) that replace(s) an engine at a 

location and that is intended to perform the same or similar function 

as the engine replaced will be included in calculating the 

consecutive time period. An engine located at a seasonal source is 

an engine that remains at a seasonal source during the full annual 

operating period of the seasonal source. A seasonal source is a 

stationary source that remains in a single location on a permanent 

basis (at least two years) and that operates at that single location 

approximately three (or more) months each year. 

(x) “Off-Road Engine“ means the same as nonroad engine. 

(y) “Outer Continental Shelf (OCS)“ shall have the meaning provided by section 

2 of the Outer Continental Shelf Lands Act (43 USC Section 1331 et seq.).

(z) “Participating Airlines“ means the collective group of Individual Participating 

Airlines under the MOU, which currently is as follows: ABX Air, Inc. (formerly 

Airborne Express), Alaska Airlines, America West Airlines, American Airlines, 

ATA Airlines (formerly American Trans Air), Continental Airlines, Delta Air 

Lines, Astar Air Cargo (formerly DHL Airways), Federal Express, Hawaiian 

Airlines, Jet Blue Airways Corp., Midwest Airlines (formerly Midwest Express 

Airlines), Northwest Airlines, Southwest Airlines, United Airlines, United 

Parcel Service, and US Airways. Participating Airlines does not mean the Air 

Transportation Association of America, Inc.

(aa) “Permit“ refers to a certificate issued by the Air Pollution Control Officer 

acknowledging expected compliance with the applicable requirements of the 

district’s rules and regulations. 

(bb) “Portable“ means designed and capable of being carried or moved from one 

location to another. Indicia of portability include, but are not limited to, 

wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of 

this regulation, dredge engines on a boat or barge are considered portable. 

The engine is not portable if: 

(1) the engine or its replacement is attached to a foundation, or if not so 

attached, will reside at the same location for more than 12 consecutive 

months. The period during which the engine is maintained at a storage 

facility shall be excluded from the residency time determination. Any 

engine, such as a back-up or stand-by engine, that replace engine(s) at 

a location, and is intended to perform the same or similar function as the 

engine(s) being replaced, will be included in calculating the consecutive 

time period. In that case, the cumulative time of all engine(s), including 

the time between the removal of the original engine(s) and installation of 

the replacement engine(s), will be counted toward the consecutive time 

period; or 
B-7 

(2) the engine remains or will reside at a location for less than 12 

consecutive months if the engine is located at a seasonal source and 

operates during the full annual operating period of the seasonal source, 

where a seasonal source is a stationary source that remains in a single 

location on a permanent basis (at least two years) and that operates at 

that single location at least three months each year; or 

(3) the engine is moved from one location to another in an attempt to 

circumvent the portable residence time requirements. 

(cc) “Project“ means the use of one or more registered or permitted portable 

engines or equipment units operated under the same or common ownership 

or control to perform a single activity. 

(dd) “Registration“ refers to either: 

(1) a certificate issued by the Executive Officer acknowledging expected 

compliance with the applicable requirements of the Statewide Portable 

Equipment Registration Program; or 

(2) a certificate issued by the Air Pollution Control Officer acknowledging 

expected compliance with the applicable requirements of the district's 

Portable Equipment Registration Program. 

(ee) “Responsible Official“ refers to an individual employed by the company or

public agency with the authority to certify that the portable engines under 

his/her jurisdiction compliesy with applicable requirements of this regulation. 

A company or public agency may have more than one Responsible Official. 

A contracted designee cannot certify compliance in lieu of the Responsible 

Official.

(ff) “Selective Catalytic Reduction (SCR) System“ refers to an air pollution 

emissions control system that reduces oxides of nitrogen (NOx) emissions 

through the catalytic reduction of NOx by injecting nitrogen-containing 

compounds into the exhaust stream, such as ammonia or urea. 

(gg) “Stationary Source“ means any building, structure, facility or installation that 

emits any air contaminant directly or as a fugitive emission. Building, 

structure, facility, or installation includes all pollutant emitting activities which: 

(1) are under the same ownership or operation, or which are owned or 

operated by entities which are under common control; and 

(2) belong to the same industrial grouping either by virtue of falling within 

the same two-digit standard industrial classification code or by virtue of 

being part of a common industrial process, manufacturing process, or 

connected process involving a common raw material; and 
B-8 

(3) are located on one or more contiguous or adjacent properties. 

[Note: For the purposes of this regulation a stationary source and 

nonroad engine are mutually exclusive.] 

(hh) “Stock Engine“ means a certified diesel-fueled engine that has never been 

placed in service and is part of a supply of engines offered for sale, rent, or 

lease by a person or company who offers for sale, rent, or lease engines and 

related equipment for profit.

(hhii) “Storage“ means a warehouse, enclosed yard, or other area established for 

the primary purpose of maintaining portable engines when not in operation. 

(iijj) “Tactical Support Equipment (TSE)“ means equipment using a portable 

engine, including turbines, that meets military specifications, owned by the 

U.S. Department of Defense and/or the U.S. military services or its allies, and 

used in combat, combat support, combat service support, tactical or relief 

operations, or training for such operations. Examples include, but are not 

limited to, engines associated with portable generators, aircraft start carts, 

heaters and lighting carts. 

(jjkk) “Tier 4 Emission Standards“ refers to the final emission standards adopted 

by the U.S. EPA for newly manufactured nonroad engines. 

(kkll) “Transportable“ means the same as portable. 

(llmm) “Verified Emission Control Strategy“ refers to an emission control strategy, 

designed primarily for the reduction of diesel PM emissions which has been 

verified pursuant to the “Verification Procedure for In-Use Strategies to 

Control Emissions from Diesel Engines” in Title 13, California Code of 

Regulations, commencing with section 2700, and incorporated by reference. 

(mmnn) “U.S. EPA“ refers to the United States Environmental Protection Agency. 

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code. 

93116.3 Requirements.

(a) Diesel-fueled portable engines shall only use one of the following fuels: 

(1) CARB diesel fuel; or 

(2) alternative diesel fuel that has been verified through the Verification 

Procedure for In-Use Strategies to Control Emissions from Diesel 

Engines; or 
B-9 

(3) CARB diesel fuel utilizing fuel additives that have been verified through 

the Verification Procedure for In-Use Strategies to Control Emissions 

from Diesel Engines. 

[Note that credit for diesel PM reductions for diesel fuel or CARB diesel 

fuel blends that use an alternative diesel fuel such as biodiesel, FischerTropsch fuels, or emulsions of water in diesel fuel is available only for 

fuel blends that been verified through the Verification Procedure for InUse Strategies to Control Emissions from Diesel Engines. The credit 

granted is based upon the verified level approved by the Executive 

Officer within the Executive Order for the fuel blend.] 

(b) Diesel PM Standards 

(1) Requirements for in-use portable diesel-fueled engines 

(A) Except as provided in sections 93116.3(b)(1)(B) and 

93116.3 (b)(4), starting January 1, 2010, all portable diesel-fueled 

engines shall be certified to meet a federal or California standard 

for newly manufactured nonroad engines pursuant to 40 CFR Part 

89 or Title 13 of the California Code of Regulations (that is, certified 

to Tier 1, 2 or 3 nonroad engine standards).1

(B) In lieu of complying with (b)(1)(A), owners of portable diesel-fueled 

engines used exclusively in emergency applications or portable 

diesel-fueled engines that qualify as low-use engines may commit 

to replacing these engines with Tier 4 engines, subject to the 

requirements below: 

1. the Responsible Official shall submit written notification 

identifying the specific portable diesel-fueled engines to be 

replaced with portable diesel-fueled engines certified to the 

Tier 4 emission standards; and 

2. for each class and category of nonroad engine, replace each 

portable diesel-fueled engine so identified within two years of 

the first engine being offered for sale that satisfies the Tier 4 

emission standards. 

 

1

 Tier 1, 2, 3, and 4 refer to nonroad engine emission standards promulgated by ARB and U.S. EPA for 

newly manufactured engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulation. 

Each successive Tier represents more stringent emission standards and the requirements are phased-in 

over time with the Tier 1 engine standards becoming effective for some engines manufactured in 1996 

and becoming effective for all engines by 2000. Tier 2 engine standards are phased in for engines 

manufactured beginning in 2001 and becomes effective for all engines by 2006. Similarly, Tier 3 engines 

are phased in for engines manufactured beginning in 2006, and Tier 4 engines are phased in for engines

manufactured beginning in 2011. 
B-10 

(2) Portable diesel-fueled engines that have not been permitted or 

registered prior to January 1, 2006, are subject to the following 

requirements: 

(A) except as specified in 93116.3(b)(5), 93116.3(b)(6), 93116.3(b)(7), 

and 93116.3(b)(8) and except as allowed under flexibility provisions 

for equipment and vehicle manufacturers and post-manufacture 

marinizers pursuant to 40 CFR Part 89 or Title 13 of the California 

Code of Regulations, the portable diesel-fueled engine shall meet 

the most stringent of the federal or California emission standard for 

nonroad engines; andor

(B) Upon approval by the air pollution control officer, a diesel-fueled 

portable engine not certified to an emission standard pursuant to 40 

CFR Part 89 or Title 13 of the California Code of Regulations used 

exclusively in emergency applications or qualifying as a low-use 

engine designation may only be permitted or registered by a

district. Any engine used exclusively in emergency applications or 

qualifying as a low-use engine designation is subject to the 

requirements of section 93116.3(b)(3). 

(3) Except as provided in section 93116.3(b)(1)(B), portable diesel-fueled 

engines used exclusively in emergency applications or qualifying as lowuse engines shall satisfy one of the following requirements by January 1, 

2020: 

(A) the portable diesel-fueled engine is certified to Tier 4 

emission standards for newly manufactured nonroad 

engines; or 

(B) the portable diesel-fueled engine is equipped with a properly 

functioning level-3 verified technology; or 

 (C) the portable diesel-fueled engine is equipped with a 

combination of verified emission control strategies that have 

been verified together to achieve at least 85% reduction in 

diesel PM emissions. 

(4) Lattice boom cranes 

(A) A portable diesel-fueled engine used in a lattice boom crane shall 

be exempt from the requirements of section 93116.3(b)(1)(A) if the 

Responsible Official has demonstrated to the satisfaction of the 

Executive Officer or the APCO that the portable diesel-fueled 

engine in the lattice boom crane cannot be replaced with a portable 

diesel-fueled engine that is certified to meet a federal or California 

standard for newly manufactured nonroad engines pursuant to 40 

CFR Part 89 or Title 13 of the California Code of Regulations (that 

is, certified to Tier 1, 2 or 3 nonroad engine standards). 
B-11 

(B) Portable diesel-fueled engines exempt from the requirements of 

section 93116.3(b)(1)(A) pursuant to section 93116.3(b)(4)(A) shall 

satisfy one of the following requirements by January 1, 2020: 

1. the portable diesel-fueled engine is certified to Tier 4 

emission standards for newly manufactured nonroad 

engines; or 

2. the portable diesel-fueled engine is equipped with a properly 

functioning level-3 verified technology; or 

3. the portable diesel-fueled engine is equipped with a 

combination of verified emission control strategies that have 

been verified together to achieve at least 85% reduction in 

diesel PM emissions. 

(5) Engines operated in California between March 1, 2004 and October 1, 

2006 may be permitted or registered by a district or registered in the 

Statewide Portable Equipment Registration Program until 12/31/09 if 

they meet an emission standard pursuant to 40 CFR Part 89 or Title 13 

of the California Code of Regulations. 

(6) Upon approval by the air pollution control officer, a district may permit or 

register engines operated in California between March 1, 2004 and 

October 1, 2006 that are not certified to an emission standard pursuant 

to 40 CFR Part 89 or Title 13 of the California Code of Regulations. 

(7) An engine dealer or distributor may permit or register a stock engine not 

meeting the most stringent emission standard providing the following are 

met: 

(A) verifiable information is provided to the satisfaction of the Executive 

Officer or District that at the time of taking possession, the engine 

met the most stringent emission standard in effect prior to the 

change for that horsepower range; and 

(B) The application for permit or registration of the engine is submitted

within six months of the effective date of the change in emission 

standards. 

(8) If the Executive Officer or District finds, based on verifiable information, 

that an owner had ordered or purchased, within six months prior to the 

date an emissions standard change for that horsepower range, but had 

not taken possession of, an engine meeting the most stringent emissions 

standard in effect at the time of order or purchase, then the owner will 

have up to six months after the date the new emissions standard for that 

engine became effective to submit an application to permit or register the 

engine.
B-12 

(c) Fleet Requirements 

(1) Each fleet is subject to and shall comply with the following weighted PM 

emission fleet averages expressed as grams per brake horsepower-hour 

(g/bhp-hr) by the listed compliance dates: 

Fleet Standard 

Compliance 

Date 

Engines <175 hp 

(g/bhp-hr) 

Engines >175 to 

749 hp 

(g/bhp-hr) 

Engines >750 hp 

(g/bhp-hr) 

1/1/13 0.3 0.15 0.25 

1/1/17 0.18 0.08 0.08 

1/1/20 0.04 0.02 0.02 

(2) For the purposes of this regulation, the portable diesel-fueled engines 

affected by the fleet provisions of this regulation include all portable 

diesel-fueled engines operated in California, including portable dieselfueled engines registered with the Statewide Portable Equipment 

Registration Program or permitted by or registered with a district. 

(3) The following portable diesel-fueled engines shall be excluded from the 

fleet requirements: 

(A) portable diesel-fueled engines operated exclusively outside of 

California or operated only within the OCS. 

(B) portable diesel-fueled engines used exclusively in emergency 

applications. 

(C) portable diesel-fueled engines that qualify as low-use engines. 

(D) portable diesel-fueled engines used in a lattice boom crane. 

(4) Portable diesel-fueled engines that qualify as low-use engines and 

subsequently exceed the allowed hours of operation in a calendar year, 

or portable diesel-fueled engines that are identified to be used 

exclusively in emergency applications but subsequently are used in nonemergency applications, become immediately subject to the 

requirements of section 93116.3(c) in the year such exceedence or use 

occurs. For low-use engines, the hours of operation used for an 

emergency event shall not be counted toward the allowed hours of 

operation. 

(5) Portable alternative-fueled engines may be included in a fleet if the 

engine satisfies the requirements in section 93116.3(d)(2)(B). 
B-13 

(6) Portable diesel-fueled portable engines equipped with SCR systems. 

(A) The diesel PM fleet emission standards in section 93116.3(c)(1) do 

not apply to: 

1. portable diesel-fueled engines equipped with properly 

operating SCR systems as of January 1, 2004; and 

2. with the approval of the Executive Officer, portable dieselfueled engines equipped with properly operating SCR systems 

after January 1, 2004. 

(B) At the request of the Responsible Official, portable diesel-fueled 

engine(s) equipped with a SCR system(s) may be included in the 

company's fleet for the purpose of complying with an applicable 

fleet emission standard. Once the engine(s) is included in a fleet, 

compliance with applicable fleet emission standards shall always 

include these diesel-fueled portable engine(s). 

(C) For all diesel-fueled portable engines equipped with SCR systems, 

the following information shall be submitted to the Executive Officer 

to demonstrate that the SCR system is operating properly: 

1. Tests results for NOx, PM, and ammonia slip 

a. the following tests methods shall be used to demonstrate 

compliance: 

i. NOX shall be measured with CARB test method 

100 dated July 1997, or equivalent districtapproved test method; and 

ii. diesel PM shall be measured with CARB test 

method 5 dated July 1997 or equivalent districtapproved test method. For the purposes of this 

requirement, only the probe catch and filter catch 

("front half") is used to determine the emission 

rate, g/bhp-hr, and shall not include PM captured 

in the impinger catch or solvent extract; and 

iii. ammonia slip shall be measured with Bay Area Air 

Quality Management District Source Test 

Procedure ST-1B, Ammonia Integrated Sampling, 

dated January 1982, or other equivalent district 

approved test method. 
B-14 

b. the duration of the emission test shall be sufficient to 

document the typical operation of the portable dieselfueled engine(s); and 

c. testing shall be performed at the frequency required by 

the permit or registration. In no event shall the time 

between emission tests exceed three years. 

(7) Beginning on January 1, 2013, the weighted average PM emission rate 

for the fleet cannot exceed the fleet standard that is in effect. Changes 

in the fleet, including portable engine additions and deletions, shall not 

result in noncompliance with this standard. 

(d) Fleet Average Calculations 

(1) General Provisions 

(A) The average PM emission factor for the fleet is determined by the 

following formula: 

∑ Summation for each portable engine in the fleet (bhp x emission factor)

 ∑Summation for each portable engine in the fleet (bhp) 

where: 

bhp = maximum rated horsepower. 

emission = diesel PM emission rate, as determined below: 

factor 

(B) The following diesel PM emission rates shall be used with the 

above formula to determine the weighted average fleet emission 

rate: 

1. for portable diesel-fueled engines certified to a nonroad 

engine standard, the results of emission measurements 

submitted to either the U.S. EPA or CARB for the purposes 

of satisfying the appropriate emission standard; or

2. results from emission measurements from a verified 

emission control strategy may be used in conjunction with 

engine emission information; or 

3. for portable diesel-fueled engine(s) equipped with SCR 

system(s), results from valid emission tests. 
B-15 

(2) The following incentives may be used to revise the fleet average, as 

outlined below: 

(A) Where equipment uses grid power for more than 200 hours in lieu 

of operating a portable diesel-fueled engine for a given project, 

the time period grid power is used may be used to reduce each 

affected engine's emission factor. The emission factor for each 

affected portable engine will be reduced proportionally by the 

percentage of time the equipment uses grid power. To receive 

credit for grid power in the fleet calculation, the recordkeeping and 

reporting requirements in section 93116.4(c)(3) shall be satisfied. 

(B) Alternative-fueled portable engines 

1. Alternative-fueled portable engines operating 100 or more 

hours may be included toward determining compliance with 

the applicable fleet emission standards. A diesel PM 

emission rate of zero shall be used in the fleet calculations 

for these engines. 

2. Alternative-fueled portable engines operating 100 or more 

hours per calendar year and added to a fleet prior to January 

1, 2009, may be counted twice in the company's fleet 

average determination toward compliance with the 2013 and 

2017 fleet emission standards. The alternative-fueled 

engine shall be certified to meet a federal or California 

standard for newly manufactured nonroad engines pursuant 

to 40 CFR Part 89 or Title 13 of the California Code of 

Regulations. 

(C) Portable diesel-fueled engines certified to Tier 4 nonroad engine 

standards that are added to a fleet prior to January 1, 2015, may 

be counted twice in the company's fleet average determination 

toward compliance with the 2013 and 2017 fleet emission 

standards. 

93116.3.1 Compliance Flexibility for Diesel PM Standards.

If the Executive Officer finds, based on verifiable information from the engine 

manufacturer, distributor, or dealer, that current model year engines meeting the 

current emission standards are not available or not available in sufficient numbers 

or in a sufficient range of makes, models, and horsepower ratings, then the 

Executive Officer may allow the sale, purchase, or installation of a new stock 

engine meeting the emission standards from the previous model year to meet the 

emission standards in sections 93116.3(b).

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code 
B-16 

93116.4 Fleet Recordkeeping and Reporting Requirements.

(a) The owner or operator of a fleet is not subject to the requirements of this 

section if each portable diesel-fueled engine in the fleet satisfies any one of 

the following requirements: 

(1) the portable diesel-fueled engine is certified to Tier 4 emission standards 

for newly manufactured nonroad engines; or 

(2) the portable diesel-fueled engine is equipped with a properly functioning 

level-3 verified technology; or 

(3) the portable diesel-fueled engine is equipped with a 

combination of verified emission control strategies that have been 

verified together to achieve at least 85% reduction in diesel PM 

emissions. 

(b) Portable diesel-fueled engine(s) equipped with properly operating SCR 

system(s) shall be excluded from the requirements of section 93116.4(a) if 

the engine(s) is not subject to section 93116.3(c)(1). 

(c) Effective January 1, 2012, the Responsible Official of a fleet shall: 

(1) Keep and maintain records for: 

(A) alternative-fueled portable engines used as part of a company's 

fleet average, except as provided in section 93116.4(d); and 

(B) portable diesel-fueled engines affected by the use of electrification; 

and 

(C) portable diesel-fueled engines qualifying as low-use engines; and 

(D) portable diesel-fueled engines used exclusively in emergency 

applications. 

(2) The Responsible Official, for all portable engines subject to section 

93116.4(c)(1), shall: 

(A) install or cause to be installed and properly maintained on each 

portable engine subject to recordkeeping a non-resettable hourmeter; and 

(B) maintain on a calendar year basis a record of the total hours of 

operation for each portable engine. If the portable engine is used 

out-of-state, then the records may account for operation within 

California only, excluding operation within the OCS; and 
B-17 

(C) maintain all required records at a central place of business for five 

years. The records shall clearly identify each portable engine 

subject to the recordkeeping requirement as well as the annual 

hours of operation. These records are to be made available, upon 

request for inspection, to local air pollution control district or CARB 

personnel. The requested records shall be provided to the 

appropriate personnel within ten business days of the request. 

(3) The Responsible Official of a fleet electing to use electrification in 

determining the fleet average shall: 

(A) notify the Executive Officer identifying the dates, location, duration 

of the project, and a description of the project that will rely on 

electrification instead of using portable diesel-fueled engines. The 

notification shall be provided prior to the start of the project; and 

(B) identify each affected portable diesel-fueled engine, including: 

make, model, serial number, year of manufacture for each engine, 

emission factor (g/bhp-hr) and district permit or State/district 

registration number; and 

(C) shall clearly identify the electrification activity, including indicating 

the amount of electricity used and the time period for the project; 

and 

(D) shall retain copies of contracts or other documentation, with the 

project proponent and/or applicable utility, supporting the use of 

grid power. 

(4) Test results for SCR compliance shall be maintained at a central place of 

business for five years. At the request of CARB or district personnel, the 

Responsible Official shall have three business days to provide a copy of 

the most recent test results. 

(d) Effective January 1, 2008, for alternative-fueled engines added to a fleet prior 

to January 1, 2009, the Responsible Official shall:

(1) install or cause to be installed and properly maintained on each portable 

engine subject to recordkeeping a non-resettable hour-meter; and 

(2) maintain on a calendar year basis a record of the total hours of operation 

for each portable engine. If the portable engine is used out-of-state, 

then the records may account for operation within California only, 

excluding operation within the OCS; and 

(3) maintain all required records at a central place of business for five years. 

The records shall clearly identify each portable engine subject to the 

recordkeeping requirement as well as the annual hours of operation. 
B-18 

These records are to be made available, upon request for inspection, to 

local air pollution control district or CARB personnel. The requested 

records shall be provided to the appropriate personnel within ten 

business days of the request. 

(e) The Responsible Official of the fleet shall provide the following reports to the 

Executive Officer: 

(1) A status report, due to the Executive Officer by March 1, 2011, that 

includes the following items: 

(A) the fleet's weighted average PM emission rate for the 2010 

calendar year, including a summary for each portable engine that is 

part of the fleet and each engine's emission rate (g/bhp-hr); and 

(B) inventory of portable engines in the fleet identifying whether the 

engine is state-registered or permitted/registered with the district. 

Alternative-fueled engines should be identified by fuel type. The 

inventory shall identify the make, model, serial number, year of 

manufacture, primary fuel type, emission factor (g/bhp-hr), and 

district permit or State/district registration number for each engine 

to be used in the fleet average determination; and 

(C) identify, if applicable, each portable diesel-fueled engine that the 

owner commits to replacing with a Tier 4 engine, including: make, 

model, serial number, year of manufacture for each engine, and 

district permit or State/district registration number; and 

(D) listing of portable diesel-fueled engines, if applicable, used 

exclusively in emergency applications. The listing shall identify 

each engine claiming use only in emergency applications, 

including: make, model, serial number, year of manufacture for 

each engine, emission factor (g/bhp-hr), and district permit or 

State/district registration number; and 

(E) listing of portable diesel-fueled engines, if applicable, satisfying the 

low-use engine requirements. The listing shall identify each 

engine, including: make, model, serial number, year of 

manufacture for each engine, emission factor (g/bhp-hr), and 

district permit or State/district registration number; and 

(F) listing of portable alternative-fueled engines, if applicable, added to 

the fleet prior to January 1, 2009, pursuant to section 

93116.3(d)(2)(B)2. The listing shall identify each engine, including: 

make, model, serial number, year of manufacture for each engine, 

U.S. EPA engine family name, emission factor (g/bhp-hr), and 

district permit or State/district registration number; and 
B-19 

(G) for portable diesel-fueled engine(s) equipped with SCR system(s), 

documentation demonstrating that the SCR system is operating 

properly. 

(2) A statement of compliance signed by the Responsible Official that the 

fleet standards are being achieved and a summary that identifies each 

portable engine in the fleet and the associated emission rate (g/bhp-hr). 

Portable engines included in the fleet are those that are part of the fleet 

at the time the fleet standard became effective. The engine identification 

shall include, at a minimum, the make, model, serial number, and year of 

manufacture for each engine. Alternative-fueled engines should be 

identified by fuel type. The statements of compliance are due to the 

Executive Officer by the following dates: 

(A) March 1, 2013, for the fleet standards that become effective 

January 1, 2013; and 

(B) March 1, 2017, for the fleet standards that become effective 

January 1, 2017; and 

(C) March 1, 2020 for the fleet standards that become effective 

January 1, 2020. 

(3) The Responsible Official shall identify to the Executive Officer, as part of 

each compliance report, the specific portable diesel-fueled engines, if 

any, used exclusively in emergency applications and the specific 

portable diesel-fueled engines, if any, claimed to be low-use engine. 

The list shall include for each portable diesel-fueled engine: the make, 

model, serial number, year of manufacture for each engine, emission 

factor (g/bhp-hr), and district permit or State/district registration number. 

(4) The Responsible Official shall identify to the Executive Officer, as part of 

each compliance report, the specific portable diesel-fueled engines, if 

any, excluded from the fleet because the portable diesel-fueled engine 

operated exclusively outside of California or operated only within the 

OCS. The list shall include for each portable diesel-fueled engine: the 

make, model, serial number, year of manufacture, and, district permit or 

State/district registration number for each engine.

(5) If compliance with the fleet average includes the use of electrification, 

the Responsible Official shall provide documentation supporting the 

credit claimed for electrification. 

(6) As part of each compliance report, the Responsible Official shall, if 

applicable, certify the following: 

(A) all portable alternative-fueled engines included in the fleet average 

operated at least 100 hours during the previous 12 months prior to 

the fleet emission standard becoming effective. 
B-20 

(B) for all portable diesel-fueled engines used exclusively in emergency 

applications, the engines were used only for emergency 

applications. 

(C) for all portable diesel-fueled engines using the low-use designation, 

the engines operated no more than 80 hours for the reporting 

period. 

(D) for all portable diesel-fueled engines equipped with SCR, the 

engine complies with applicable district or Statewide Portable 

Equipment Registration Program requirements. 

(7) After March 1, 2013, the APCO or the Executive Officer may require the 

submittal of information demonstrating compliance with the applicable 

fleet standard. Upon receiving the request, the Responsible Official shall 

provide the requested information within 30 days. 

(f) For fleets that are exempted from the requirements of section 93116.4 

pursuant to section 93116.4 (a), the Responsible Official shall certify that all 

portable diesel-fueled engines in the fleet satisfy the requirements of section 

93116.4(a). The Responsible Official shall provide the certification statement 

and a list of the portable diesel-fueled engines in the fleet to the Executive 

Officer when the fleet initially satisfies the requirements of section 93116.4(a). 

The list of engines shall identify the make, model, serial number, and district 

permit or State/district registration number for each engine. 

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code. 

93116.5 Enforcement Of Fleet Requirements. 

(a) Both the Executive Officer and the APCO have the authority to review or seek 

enforcement action for violation of the fleet emission standard. 

(b) The CARB will make available to the districts the information the Responsible 

Official has provided to CARB to demonstrate compliance with the fleet 

standard. 

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code. 

. 
Appendix C 

Derivation Of Back Registration And Inspection Fees

C-1

Proposed Back Registration And Inspection Fees For Resident Engines 

Portable Engine 

Purchase 

Date/Manufacture 

Date 

Application 

Submitted on or 

Before 12/31/07 

(1) 

Application 

Submitted in 2008 

(2) 

Application 

Submitted in 2009 

(3) 

1996 $2,353 $3,130 $5,000 

1997 $2,195 $2,920 $4,685 

1998 $2,038 $2,710 $4,370 

1999 $1,880 $2,500 $4,055 

2000 $1,723 $2,290 $3,740 

2001 $1,565 $2,080 $3,425 

2002 $1,408 $1,870 $3,110 

2003 $1,250 $1,660 $2,795 

2004 $1,093 $1,450 $2,480 

2005 $935 $1,240 $2,165 

2006 $778 $1,030 $1,850 

 

(1) Total = (((2007-purchase/manufacture date)*$105)*1.5) + $620 

(2) Total = (((2006-purchase/manufacture date)*$105) + $205)*2) + $620 

(3) Total = (((2006-purchase/manufacture date)*$105) + $410)*3) + $620 

Note: $105 = 1 year in the old fee schedule (ie. $30 registration fee + $75 

inspection fee). 

 $205 = 1 year in the new fee schedule (i.e. $270 registration fee + $345 

inspection fee = $615/3 = $205 Note: $615 does not need to include the 

$5 placard fee which is collected with the $620. 

$410 = 2 years in the new fee schedule (i.e. $270 registration fee + $345 

inspection fee = $615/2 = $410 Note: $615 does not need to include the 

$5 placard fee which is collected with the $620. 

 $620 = Total fees to register for first three years (i.e. $270 registration fee 

$345 inspection fee + one-time $5 placard fee). 

Appendix D 

Economic Impacts Analysis 

D-1

 

Current PERP Distribution 

Companies Engines 

% of Total 

Companies

% of total 

engines 

Private 2246 22097 0.8843 0.9119

Local 260 1641 0.1024 0.0677

State 15 340 0.0059 0.0140

Federal 19 154 0.0075 0.0064

Total 2540 24232 1 1

 

 Companies Engines % of 

Private 

Companies

% of 

Private 

engines 

Small Private 1488 2801 0.66 0.13 

 

Engine Distribution Based on Current PERP 

Year 2007 2008 2009 

Total Engines 7000 2000 1000 

Private 6383 1824 912 

Local 474 135 68 

State 98 28 14 

Federal 44 13 6 

Small Private 809 231 116 

 

Portable Engine Purchase Date or 

Manufacture Date (as applicable) 

Application 

Submitted on or 

before 12/31/07 

Application 

Submitted 

between 

1/1/08 and 

12/31/08 

Application 

Submitted 

between 

1/1/09 and 

12/31/09 

1996 $866 $1,255 $2,920 

1997 $788 $1,150 $2,710 

1998 $709 $1,045 $2,500 

1999 $630 $940 $2,290 

2000 $551 $835 $2,080 

2001 $473 $730 $1,870 

2002 $394 $625 $1,660 

2003 $315 $520 $1,450 

2004 $236 $415 $1,240 

2005 $158 $310 $1,030 

2006 $79 $205 $820 

Average Cost $473 $730 $1,870 

 

Cost Based on Average Cost and Engine Distribution (At 10,000 engines) 

Year 2007 2008 2009 Total 

Private $3,016,087 $1,331,364 $1,705,241 $6,052,692

Local $223,985 $98,872 $126,637 $449,494 

State $46,408 $20,485 $26,238 $93,131 

Federal $21,020 $9,279 $11,884 $42,183 

Total $3,307,500 $1,460,000 $1,870,000 $6,637,500

 
D-2

Small buisness private $382,317 $168,763 $216,155 $767,235 

 

A Small Business low 

(1 engine at low 

average cost) 

High 

(5 engines at 

high average 

cost) 

 

$473 $9,350 

Low-low high-high 

$79 $14,600 

 

A Typical Business 

low (6 engines at 

average cost) 

high (30 

engines at 

average cost) 

$2,835 $56,100 

 

low-low high-high 

$473 $87,600 
Appendix E 

List of Acronyms 

E-1 

Appendix E 

List of Acronyms 

AB Assembly Bill 

AQIA Air Quality Impact Analysis 

ARB or Board Air Resources Board 

ARB staff or Staff Air Resources Board Staff 

Portable Engine ATCM Airborne Toxic Control Measure

BACT Best Available Control Technology 

bhp Brake-horsepower 

CAA Federal Clean Air Act 

CAPCOA California Air Pollution Control Officers Association 

CCR California Code of Regulations 

CEQA California Environmental Quality Act 

CFR Code of Federal Regulations 

CO Carbon Monoxide 

Districts Air Pollution Control Districts or Air Quality Management 

Districts 

DOF Department of Finance 

g/bhp-hr Grams per Brake Horsepower-hour 

HAP Hazardous Air Pollutant 

HC Hydrocarbons 

HSC California Health and Safety Code 

ISOR Initial Statement of Reasons 

LAER Lowest Achievable Emission Rate 

MACT Maximum Achievable Control Technology 

NMHC Non-methane Hydrocarbons 

NOx Oxides of Nitrogen 

NSR New Source Review 

OCS Outer Continental Shelf 

PEPS Provider of Essential Public Service 

PERP Statewide Portable Equipment Registration Program 

PM Particulate Matter 

ppmvd Parts Per Million by Dry Volume 

PSD Prevention of Significant Deterioration 

SB Senate Bill 

SCAQMD South Coast Air Quality Management District 

SOx Oxides of Sulfur 

STW State Territorial Waters 

Statewide PERP Regulation Statewide Portable Equipment 

Registration Program Regulation 

TACs Toxic Air Contaminants 

TSE Tactical Support Equipment 

U.S. EPA United States Environmental Protection Agency 

UTM Universal Transverse Mercator 

VOC Volatile Organic Compounds 

Workgroup Portable Equipment Workgroup