State of California 

AIR RESOURCES BOARD 

Resolution 10-2 

January 28, 2010 

Agenda Item No: 10-1-2 

WHEREAS, sections 39600 and 39601 of the Health and Safety Code authorize the Air 

Resources Board (Board or ARB) to adopt standards, rules and regulations and to do 

such acts as may be necessary for the proper execution of the powers and duties 

granted to and imposed upon the Board by law; 

WHEREAS, in accordance with section 41750 et seq. of the Health and Safety Code, 

the Board has established, by regulation, a Statewide Portable Equipment Registration 

Program (PERP) providing for the voluntary registration of portable engines and 

associated equipment, establishing emission limits and emission control requirements, 

and a fee schedule to cover the costs of administering and enforcing PERP, including a 

fee for the recovery of the cost of district enforcement activities, and outreach activities; 

WHEREAS, section 41752(e) of the Health and Safety Code provides that the Board 

may periodically revise and update the Statewide Portable Equipment Registration 

Program Regulation (Statewide Regulation), including but not limited to, revising and 

updating a determination of the Best Available Control Technology (BACT) for portable 

engines; 

WHEREAS, the Board adopted an Airborne Toxic Control Measure for Diesel-Fueled 

Portable Engines (Portable ATCM), and approved Resolution 04-7 on 

February 26, 2004; 

WHEREAS, the Board adopted a Regulation for In-Use Off-Road Diesel-Fueled 

Vehicles (Off-Road Regulation), and approved Resolution 07-19 on July 26, 2007; 

WHEREAS, the Board adopted a Regulation for In-Use Heavy-Duty Diesel-Fueled 

Vehicles (On-Road Vehicle Regulation), and approved Resolution 08-43 on 

December 11, 2008; 

WHEREAS, based on comments received from affected industry that raised concerns 

regarding the requirement to place uncertified portable diesel engines out of service by 

January 1, 2010, staff has considered options and has developed amendments to the 

Statewide Regulation and the Portable ATCM; 

WHEREAS, based on comments received from the water well drilling industry that 

raised concerns regarding the requirements afFecting two-engine water well drilling rigs, 
Resolution 10-2 2 

staff considered options and developed amendments to the Statewide Regulation, the 

Portable ATCM, the Off-Road Regulation, and the On-Road Vehicle Regulation; 

WHEREAS, the amendments to the Statewide Regulation, the Portable ATCM, the 

OfP-Road Regulation, and the On-Road Vehicle Regulation were developed through 

discussions of draft versions made available to the public for review and comments at a 

public workshop, and numerous conference calls; 

WHEREAS, witli the information and comments received from the affected public, the 

staff has prepared a staff report entitled "Initial Statement of Reasons for the Proposed 

Amendments to the Regulations Applicable to Portable Diesel Engines and Diesel 

Engines Used in Off-Road and On-Road Vehicles" (Initial Statement of Reasons), which 

presented the rationale for the proposed amendments to the Statewide Regulation, the 

Portable ATCM, the Off-Road Regulation, and the On-Road Vehicle Regulation set forth 

in Aftachment A, B, C, and D hereto; 

WHEREAS, the Board has considered the air quality benefits and the potential costs of 

the proposed amendments on businesses that use portable engines and associated 

equipment; 

WHEREAS, the Board has considered the economic analysis in the Initial Statement of 

Reasons and the impact of the proposed amendments on the economy of the State; 

WHEREAS, the California Environmental Quality Act and Board regulations require that 

a project which may have significant adverse environmental impacts may not be 

adopted as originally proposed if feasible alternatives or mitigation measures are 

available to substantially reduce or eliminate such identified impacts; 

WHEREAS, a public hearing has been held, in accordance with the provisions of 

chapter 3.5 (commencing with section 11340), part 1, division 3, title 2 of the 

Government Code; and 

WHEREAS, after consideration of the Initial Statement of Reasons, written comments, 

and public testimony received ;the Board finds that: 

Owners and operators of smaller fleets that contain uncertified portable engines 

are facing significant economic hardship due to the requirement to have these 

engines replaced as required by the current Statewide Regulation and Portable 

Engine ATCM; 

An extension of time for the replacement of certain uncertified portable engines 

should be allowed for one year beyond the current deadline of January 1, 2010 in 

order to provide smaller companies with additional time to complete this 

replacement; 
Resolution 10-2 

Engines that are certified to on-road engine emission standards but used in a 

portable application should be allowed to operate beyond January 1, 2010; 

Engines that are certified to marine or on-road engine emission standards and 

are used in a portable application should be eligible for registration under the 

Statewide Regulation; 

The engines on two-engine water well drillings should be subject to the Off-Road 

Vehicle Regulation, which provides more flexibility for compliance with emission 

standards; 

That there may be other equally effiective means of monitoring the use and 

operation of portable engines and equipment in addition to the tracking of hours 

of operation for certified engines, and such other means may be less 

burdensome on industry; 

The tracking of specific location for all portable engines and equipment units is 

necessary to ensure that they do not reside longer than 12 months at any one 

location; and 

The vendor sales report contained in the Statewide Regulation should be 

removed. 

WHEREAS the Board further finds that: 

The proposed amendments will not result in any significant adverse 

environmental impacts, and are expected to have a positive impact on the 

enforceability of the overall regulatory program; 

The proposed amendments will ensure that emissions of NOx and diesel PM will 

continue to occur; this will benefit urban area communities, where operation of 

registered engines and equipment units occurs most frequently; and 

There is no less costly alternative or combination of alternatives which would be 

equally effective.inachieving increments of environmental protection in a manner 

that ensures full compliance with statutory mandates within the same amount of 

time as the proposed regulatory requirements. 

NOW, THEREFORE, BE IT RESOLVED that the Board hereby adopts the proposed 

amendments as set forth in Attachments A, B, C, and D. 

BE IT FURTHER RESOLVED that the Board hereby determines, pursuant to 

section 209(e)(2) of the federal Clean Air Act, that the emission standards and other 

requirements related to the control of emissions adopted as part of the regulations are, 

in the aggregate, at least as protective of public health and welfare as applicable federal 

standards. 
Resolution 10-2 4 

BE IT FURTHER RESOLVED that the Board hereby determines that the regulations 

adopted and amended herein will not cause California portable off-road engine emission 

standards, in the aggregate, to be less protective of public health and welfare than 

applicable federal standards. 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to determine 

if additional conforming modifications to the regulations are appropriate. If no additional 

modifications are appropriate, the Executive Officer shall take final action to adopt the 

regulations, as set forth in Aftachment A, B, C, and D hereto. If the Executive Officer 

determines that additional conforming modifications are appropriate, the Executive 

Officer shall adopt the modified regulations after making the modified regulatory 

language and any additional supporting documents and information available to the 

public for a period of 15 days, provided that the Executive Officer shall consider such 

written comments as may be submitted during this period, shall make such further 

modifications as may be appropriate in light of the comments received, and shall 

present the regulation to the Board for further consideration if he determines that this is 

warranted. 

I hereby certify that the above is a true and 

correct copy of Resolution 10-2, as adopted 

by the Air Resources Board. 

dra Bannerman, Clerk of the Board 
Resolution 10-2 5 

Resolution 10-2 

January 28, 2010 

Identification of Attachments to the Resolution 

Attachment A: Proposed Amendments to the Statewide Portable Equipment 

Registration Program Regulation, title 13, California Code of 

Regulations, sections 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 

2461 and 2462, as set forth in Appendix A to the Staff Report, issued 

December 10, 2009. 

Attachment B: Proposed Amendments to the Airborne Toxic Control Measure for 

Diesel Particulate Matter from Portable Engines Greater Than 

50 Horsepower, title 17, California Code of Regulations, sections 

93116, 93116.1, 93116.2 and 93116.3 as set forth in Appendix B to the 

Staff Report, issued December 10, 2009. 

Attachment C: Proposed Amendments to the Regulation for In-Use Off-Road 

Diesel-Fueled Vehicles, title 13, California Code of Regulations, 

section 2449 as set forth in Appendix C to the Staff Report, issued 

December 10, 2009. 

Attachment D: Proposed Amendments to the Regulation for In-Use Heavy-Duty 

Diesel-Fueled Vehicles, title 13, California Code of Regulations, 

section 2025 as set forth in Appendix D to the Staff Report, issued 

December 10, 2009.