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Final Regulation Order

AIRBORNE TOXIC CONTROL MEASURE 

FOR DIESEL PARTICULATE MATTER FROM 

PORTABLE ENGINES RATED AT 50 HORSEPOWER AND 

GREATER 

Amend sections 93116.1, 93116.2, 93116.3, title 17, California Code of 

Regulations to read as follows. 

(Note: The amendments are shown in underline to indicate additions and 

strikeout to indicate deletions. The symbol “* * * * *” means that intervening text 

not being amended is not shown.) 

§ 93116.1 Applicability. 

* * * * * 

 (b) The following portable engines are not subject to this regulation: 

* * * * * 

(8) Engines used exclusively on cranes shall meet all applicable 

requirements in Ttitle 13, Cal. Code Regs., of the California Code of 

Regulations commencing with section 2449; 

(9) Engines used exclusively on street sweepers that are not subject to 

Ttitle 13, Cal. Code Regs., section 2022, shall meet all applicable 

requirements in Ttitle 13, Cal. Code Regs., of the California Code of 

Regulations commencing with section 2025; and

(10) Engines used exclusively on two-engine water well drilling rigs as 

defined in Ttitle 13, Cal. Code Regs., section 2449(c), shall meet all 

applicable requirements in Ttitle 13, Cal. Code Regs., of the California 

Code of Regulations commencing with section 2449.; and

(11) Engines used exclusively on dedicated snow removal vehicles as 

defined in title 13, Cal. Code Regs., section 2449(c).

NOTE: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 and 

43018, Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and 

Safety Code. 
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§ 93116.2 Definitions.

(a) For the purposes of these regulations, the following definitions apply: 

* * * * * 

(4) “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 Ttitle 13 CCR

Cal. Code Regs., sections 2281, 2282, and 2284. 

(5) “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 40 CFR 40 Part 89, Part 86, 

Part 1039, or set forth in the equivalent categories in title 13, Cal. Code 

Regs. 

(6) “Crane” means the same as “Two-Engine Crane” defined in Ttitle 13, 

CCR Cal. Code Regs., section 2449(c)(56). 

* * * * * 

(13) “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.

* * * * * 

(20) “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 Ttitle 13, Cal. Code Regs.,

of the California Code of Regulations, commencing with section 2700, 

and has demonstrated an reduction in diesel particulate matter of 85%

percent or greater. 

* * * * * 

(37) “Street Sweeper” means the same as “Dual-engine Street Sweeper” 

defined in Ttitle 13, CCR Cal. Code Regs., section 2022(b)(2). 

* * * * * 
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 (41)“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 InUse Strategies to Control Emissions from Diesel Engines” in Ttitle 13, 

Cal. Code Regs., of the California Code of Regulations, commencing 

with section 2700, and incorporated by reference. 

* * * * * 

NOTE: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 and 

43018, Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and 

Safety Code. 

§ 93116.3 Requirements.

* * * * * 

(b) Diesel PM Standards 

 (1) Requirements for in-use portable diesel-fueled engines operating 

under valid permits or registrations as of December 31, 2009:

* * * * * 

 (B) In lieu of complying with section 93116.3(b)(1)(A), owners of 

portable diesel-fueled engines that are not certified and are used 

exclusively in emergency applications or portable diesel-fueled 

engines that qualify as low-use engines mayshall commit by 

December 31, 2011 to removing these engines from service or

replacing these engines no later than January 1, 2017. with Tier 4 

engines, subject to the requirements below: The replacement

engines shall be certified to the most stringent of either the federal 

or California emission standards for the appropriate class and 

category of nonroad engine in effect at the time of replacement. 

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.

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(2) Portable diesel-fueled engines that have not been permitted or 

registered prior to January 1, 200610, are subject to the following 

requirements: shall not be permitted or registered unless they are 

certified to the most stringent standard contained in the federal or 

California emission standards for nonroad engines, with the following 

exceptions:

(A) except as specified in 93116.3(b)(4), 93116.3(b)(5), and 

93116.3(b)(6), 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; or 

(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 lowuse 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).

(A) Engines meeting the definition of portable that have never been 

permitted or registered may be permitted or registered by a 

district or registered in the Statewide Portable Equipment 

Registration Program if they are certified to the on-road emission 

standards pursuant to 40 CFR Part 86, or the equivalent category 

in title 13, Cal. Code Regs.;

(B) An engine owner, operator, dealer, or distributor may permit or 

register an engine not meeting the most stringent emission 

standard providing the following are met: 

1. The engine met the most stringent emission standard in 

effect prior to the change for that horsepower range; and 

2. The application for permit or registration of the engine is 

submitted within six months of the effective date of the 

change in emission standards.

(C) Engines built under flexibility provisions for equipment and vehicle 

manufacturers and post-manufacture marinizers pursuant to 40 

CFR Part 89 or title 13 , Cal. Code Regs;

(D) Certified engines that lost permit exemption due to a change in 

district rules; or
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(E) Until January 1, 2017, a district may issue a permit or registration for 

an engine not meeting the most stringent of the federal or California 

emission standard for nonroad engines if:

1. The engine is certified to meet an emission standard set 

pursuant to 40 CFR Part 89, Part 1039 or set forth in the 

equivalent categories of title 13 , Cal. Code Regs.; and

2. For Tier 1 and Tier 2 engines only, the engine shall have 

operated in California at any time during the period from

January 1, 2008 to December 31, 2010. The responsible 

official shall provide documentation to prove the engine’s 

operation to the satisfaction of the Air Pollution Control 

Officer. Engines certified to a more stringent emission 

standard than Tier 2 are not subject to subsection (E)2.

(3) Except as provided in section 93116.3(b)(1)(B), portable Certified

diesel-fueled engines used exclusively in emergency applications or 

qualifying as low-use 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% percent reduction in diesel PM 

emissions.

(4) 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.

(5) 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. 

(6) An engine owner, operator, dealer, or distributor may permit or register 

an engine not meeting the most stringent emission standard providing 

the following are met: 

(A) 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. 

(c) Fleet Requirements 
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(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 

74950 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 

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(d) Fleet Average Calculations 

(1) General Provisions 

 * * * * * 

 (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. for Tier 1 engines less than 175 bhp for which no particulate 

matter emission standard exists, an emission rate of 0.87 

g/bhp-hr shall be used for engines less than 120 bhp and 

0.46 shall be used for engines 120 to 174 bhp; or

3. for engines built under the flexibility provisions for equipment 

and vehicle manufacturers and post-manufacture marinizers 

pursuant to 40 CFR Part 89 or title 13, Cal. Code Regs., that 

do not have a family name indicated on the engine, the 

emission standard of the tier level to which the engine was 

built shall be used; or

24. results from emission measurements from a verified 

emission control strategy may be used in conjunction with 

engine emission information; or 

35. for portable diesel-fueled engine(s) equipped with SCR 

system(s), results from valid emission tests. 

(2) The following incentives may be used to revise the fleet average, as 

outlined below: 
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* * * * * 

(B) Alternative-fueled portable engines 

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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 Ttitle 13, Cal. Code Regs. of the 

California Code of Regulations.

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Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 and 43018, 

Health and Safety Code. Reference: Sections 39650, 39666 and 41752, Health and Safety 

Code.