# Final Regulation Order

Effective September 12, 2007



## Regulation to Establish a Statewide Portable Equipment Registration Program

§ 2450. Purpose.

These regulations establish a statewide program for the registration and regulation of portable engines and engine-a ssociated equipment (port able engines and equipment units) as defined herein. Portable engines and equipment units r egistered under the Air Resources Board program may operate th roughout the State of California without authorization (except as specif ied herein) or permits from air quality management or air pollution control districts (districts). These regulations preempt districts from permitting, registering, or regulati ng portable engines and equipment units, including equipment necessary for the operation of a portable engi ne (e.g. fuel tanks), registered with the

Executive Officer of the Air Resources Board ex cept in the circumstances specified in the regulations.

NOTE: Authority cited: Section 39 600, 39601, 41752, 41753, 41754, 41755, 43013(b), and 43018, Health and Safety Code. Re ference: 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 portabl e 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 un its driven solely by por table engines including

confined and unconfined abrasive blas ting, 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 dr illing, 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.

1(c) The following are not eligible for registration under this program:

(1) any engine used to propel mobile equi pment or a motor vehicle of any kind as defined in section 2452 (z)(1)(A); (2) any engine or equipment unit not m eeting the definition of portable as defined in section 2452 ( cc) of this regulation; (3) engines, equipment units, and 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 subjec t 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 equipm ent units subject to 40 CFR Part 60 Subpart OOO (Standards of Performance fo r Nonmetallic Mineral Processing Plants); (5) any engine or equipment unit operat ing 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 t he Santa Barbara Harbor; (7) any dredging unit owned by a single port authority, harbo r 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 ot her 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, elec trical upgrade operations including startup, shutdown, and testing that do not exceed 60 calendar days, operations where the voltage, frequency, or electrical current requirements can only be supplied by a portable gener ator, or remote operations where grid power is unavailable.

(d) In the event that the owner of an engine or equipment unit elects not to register under this program, the engine or equipment unit s hall be subject to district permitting requirements pursuant to district regulations.

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Refe rence: Sections 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

2§ 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 Compressi on-Ignition Engine ” means an engine meeting the nonroad engine emission standards for co mpression-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-igniti on engines, as set forth in Title 13 of the California Code of Regula tions 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 wh ich has jurisdiction for the onshore area that is geogr aphically closest to the engine or equipment unit.

(g) “ District ” means an air pollution control di strict or air quality management

district created or continued in exist ence 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 arisi ng from sudden and reasonably

unforeseen natural disaster su ch as earthquake, flood, fire, or other acts of God, or other unforeseen events beyond the contro l of the portable engine or equipment unit operator, its officers, employees, and c ontractors that threatens public health and safety and that requires the immedi ate temporary oper ation 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 PM 10 over and above that emitted from an associated engine.

(l) “ Executive Officer ” means the Executive Officer of the California Air Resources Board or his/her designee.

3(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 regist ered engine or equipment unit resides most of the time. For registered engines or equipment uni ts based out of California, the responsible official shall designate the home district based on where the registered engine or equipment unit is likel y to be operated a majority of the time the registered engine or equipm ent unit is in California.

(o) “ Identical Replacement ” means a substitution due to mechanical breakdown of a registered portable engine or equipm ent 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 lowe r emissions expressed as mass per unit time; and meets the emission requirements of sections 2455 through 2457

of this article.

(p) “ In-field Inspection ” means an inspection that is c onducted 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 par t of 40 CFR Parts 61 and 63.

(s) “ Maximum Rated Capacity ” is the maximum throughput rating or volume capacity listed on the nameplat e 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 nece ssitates the removal of t he 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 previ ously emitted. Routine maintenance 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:

4(1) an increase in the production rate, unless such increase will cause the maximum design capacity of t he 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 r egistered 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 ulti mate 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 “ultim ate 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 t he 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.

(z) “ 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 t hat is intended to be propelled while performing its function (such as la wnmowers 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 anot her. 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

5(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 shor ter 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 calculati ng 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.

(aa) “ 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.).

(bb) “ 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 additi on to the registration

identification device.

(cc) “ Portable ” means designed and capable of bei ng 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 portabl e if any of the following are true:

(1) the engine or equipment unit or it s 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 st orage 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 loca tion, 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 consecut ive 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 engi ne(s) or equipment unit(s), will be counted toward the consecutive time period; or

6(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 t he full annual oper ating 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 port able residence time requirements.

(dd) “ Prevention of Significan t Deterioration (PSD )” means any federal requirements contained in or promulgated pu rsuant to Part C of the federal Clean

Air Act.

(ee) “ Process ” means any air-contaminant-emitti ng activity associated with the operation of a registered engine or equipment unit.

(ff) “ 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.

(gg) “ Project, for the purposes of Stat e Territorial Waters (STW), ” means the use of one or more registered engines and equi pment units operating under the same or common ownership or control to perform any and all activities needed to fulfill specified contract work that is perfo rmed in STW. For t he purposes of this definition, a contract means verbal or written commi tments covering all operations necessary to complete construction, expl oration, 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.

(hh) “ 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 pr operty, the transmission of telephone or telegraph messages, or the pr oduction, generation, transmission or furnishing of heat, light, water, power, or sanitation directly or indirectly to the public.

(ii) “ 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.

(jj) “ Rental Business ” means a business which rents or leases registered engines or equipment units.

(kk) “ Renter ” means a person who rents and/or operates registered engines or equipment units not ow ned by that person.

7(ll) “ Resident Engine ” means either of the following:

(1) a portable engine that at the time of applying for r egistration, has a current, valid district permit or regist ration 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 distri ct that requires a permit to operate or registration does not qualify for consideration as a resident engine; or (2) a certified compression-ignition engi ne that operated in California at any time between March 1, 2004 and Oct ober 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 ar e not limited to: tax records, purchase records, maintenance records, or usage records.

An engine permitted or registered by a di strict pursuant to Title 17 of the California Code of Regulations Section 93116.3(b)(6) is not a resident engine.

(mm) “ 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.

(nn) “ Spark-Ignition (SI) Engine ” means an internal combustion engine with a spark plug (or other sparking device) with operatin g characteristics significantly similar

to the theoretical Otto com bustion cycle. Spark-igni tion engines usually use a throttle instead of using fuel supply to cont rol intake air flow to regulate power.

(oo) “ State Territorial Waters (STW) ” includes all of the following: an expanse of

water that extends from t he California coastline to 3 miles off-shore; a 3 mile wide belt around islands; and estuaries, rivers, and other inland waterways.

(pp) “ Statewide Registration Program ” means the program fo r registration of portable engines and equi pment units set out in this article.

(qq) “ Stationary Source ” means any building, structure, facility or installation which emits any air contaminant directly or as a fugitive emission. “Building,” “structure,” “facility,” or “ins tallation” includes all pollutant emitting activities which:

(1) are under the same ownership or operation, or which are owned or operated by entities which ar e under common control; (2) belong to the same industrial grouping either by virtue of falling within the same two-digit standard industrial cla ssification code or by virtue of being part of a common industrial process, manufacturing process, or connected process involving a common raw material; and (3) are located on one or more c ontiguous or adjacent properties.

[Note: For the purposes of this regulat ion a stationary sour ce and nonroad engine are mutually exclusive.]

8(rr) “ Storage ” means a warehouse, enclosed yard, or other area established for the primary purpose of maintain ing registered engines or equipment units when not in operation.

(ss) “ Tactical Support Equipment (TSE) ” means equipment using a portable engine, including turbines, that meets military specificat ions, owned by the U.S. Department of Defense, t he U.S. military services, or its allies, and used in combat, combat support, combat service s upport, tactical or relief operations, or training for such operations. Examples include, but ar e not limited to, internal combustion engines associated with portable generators, aircraft start carts, heaters and lighting carts.

(tt) “ Third-party Rental ” means a non-rental business renting or leasing registered engines and/or equipment units to another party by written agreement.

(uu) “ Tier 1 Engine ” means a certified compression-ig nition 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.

(vv) “ 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.

(ww) “ Transportable ” means the same as portable.

(xx) “ U.S. EPA ” means the United States Envi ronmental Protection Agency.

(yy) “ Vendor ” means a seller or supplier of port able engines or equipment units for

use in California.

(zz) “ Volatile Organic Compound (VOC) ” means any compound containing at least one atom of carbon except for the following exempt compounds: acetone, ethane, parachlorobenzotrifluoride (1-c hloro-4-trifluoromethyl benzene), methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonates, me thylene 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

9(dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifl uoroethane), HCFC-124 (chlorotetrafluoroethane), HF C-23 (trifluoromethane), HFC-134 (tetrafluoroethane), HFC-125 (pentafluoroethane), HFC-14 3a (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, comp letely fluorinated ethers with no unsaturations; (3) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (4) sulfur-containing perfluorocarbon s with no unsaturations and with the

sulfur bonds to carbon and fluorine, acetone, ethane, and parachlorobenzotrifluoride (1-chl oro-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 (cc) and meet a ll 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 separat e emissions units and require separate applications.

(c) For an identical replacement, an owner or operator of a r egistered portable engine or equipment unit is not requir ed to complete a new application and may immediately operate the ident ical 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 equipm ent unit with an identical replacement. Notification shall include company nam e, responsible official, phone number, registration certificate num ber 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

information or the failure to meet the r equirements of this regulation shall be

deemed a violation of this article.

10(d) The Executive Officer shall inform the applic ant, in writing, if the application is complete or deficient, within 30 days of receipt of an application. If deemed deficient, the Executive Officer shall ident ify the specific information required to make the application complete.

(e) The Executive Officer shall issue or deny registration within 90 da ys of receipt of a complete application.

(f) Upon finding that an engi ne 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 not ification shall include a registration certificate, any conditions to ens ure compliance with State and federal requirements, and a regist ration identification devic e for each engine or equipment unit registered purs uant 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 certific ate including operating co nditions shall be kept on the immediate prem ises with the engine or equ ipment at all times and

made accessible to the Executive Office r or district upon request. Failure to properly maintain the registration identific ation 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 s ubmitted in a format approved by the Executive Officer and include, at a minimum, the following information:

(1) indication of general nature of busi ness (e.g., rental business, etc.); (2) the name of applicant, including mailing address and telephone number; (3) a brief description of typica l engine or equipment-unit use; (4) detailed description, including eng ine or equipment-unit make, model, manufacture year (for portable engines only), rated brake horsepower, throughput, capacity, emission cont rol equipment, and serial number; (5) necessary engineering data, emissi ons test data, or manufacturer’s emissions data to demonstrate comp liance with the requirements as specified in sections 2455, 2456, and 2457; (6) for resident engines, a copy of either a current permit to operate that was granted by a district, or documentation as described in section 2452 (ll);

and (7) the printed name and signat ure of the responsible o fficial 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; (2) a brief description of typica l engine or equipment-unit use;

11(3) engine or equipment-unit descripti on, including type and rated brake horsepower; and (4) the printed name and signat ure of the responsible o fficial 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 regulat ion. The Executive Officer shall designate the home district for any and all registered engines and equipment units for existing registrati on program participa nts 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 un its owned by a rental business or involved in a third part r ental, if the engine or equipment unit, based on averaging of annual operation in each district from the three annual reports submitted during the 3 y ear registration cycle, operated the largest percentage of the time in a di strict 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 percent age and the district wit h the largest operating percentage is 5 perc ent 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 ti me of application for registration and shall be issued a regist ration specific to the rental business requirements of this article. Misrep resentation of portable engine or equipment unit use in an attempt to qualify under t he 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, di strict permits or registrations for engines or equipment units registered in the Statewide Registration Program ar e preempted by the state wide registration and are, therefore, consider ed null and void, except for t he following circumstances where a district permit shall be required:

(1) engines or equipment units used in a pr oject(s) operating in the OCS. The requirements of the distri ct permit or registrati on 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

12the registered engine or equipment unit wh ile operating at t he project(s) in the OCS and STW; or (3) at STW project(s) that trigger district emissi on offset thresholds; or (4) at any specific location where st atewide registration is not valid. The owner of the engine or equipment unit s hall obtain a district permit or registration for the location(s) where t he 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 circumstances shall a portabl e engine or equipment unit be operated under both statewide registration and a distri ct 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 pr ecedence at that location.

(m) When ownership of a registered engine or equipment unit changes, the new owner shall submit a change of ownership a pplication. 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, a 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 equi pment unit at all times so that it may be easily

viewed from a distance. Placards sha ll be purchased at the time of the first

renewal or at the time of in itial registration, which ever occurs first. Failure to properly maintain the placard shall be dee med a violation of this article.

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Re ference: Sections 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2454. Registration Process.

(a) The Executive Officer shall make registra tion data available to the districts via the

Internet.

(b) The Executive Officer may conduct an ins pection 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.

13(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 t he State of California so long as such registered engines or equipment units comply with all applicable requirements of this article and any ot her applicable federa l or State law.

(d) Districts shall provide the Executive Officer with written r eports or electronic submittals via the Internet, describ ing 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. Re ference: 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 t he attainment or maintenance of any California or federal ambient air qualit y standard. The emissions from one or more registered engines or equipment units, exclusive of background concentration, shall not cause an ex ceedance of any ambient air quality standard. This paragraph s hall not be construed as requiring operators of registered engines or equipment units to pr ovide emission offsets for engines or equipment units register ed 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 pe rmitted or registered by a district in which an emergency event occurs, an engi ne or equipment unit operated during an emergency event as defined in section 2452 (i) of this article, is considered registered under the requirement s 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 Offi cer deems that an emergency event does not exist, all operation of engines and equipment units cove red by this provision shall cease operation immediately upon notif ication by the Executive Officer. Misrepresentation of an emergency event and failure to cease operation under

notice of the Executive Officer shall be deemed a violation of this article.

14(d) For the purposes of registration under th is 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, oper ating 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. Re ference: Sections 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2456. Engine Requirements.

(a) For TSE, no air contaminant shall be di scharged 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 dar k or darker in shade as that designated as No. 2 on the Ringelmann Chart, as publis hed 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 smok e designated as No. 2 on the Ringelmann Chart. No other requirements of this se ction are applicable to TSE. (b) Registered diesel pile-driving hamme rs shall comply with the applicable provisions of section 41701.5 of the Califo rnia Health and Safety Code and are otherwise exempt from further re quirements of this section.

(c) To be registered in the Statewide R egistration Program, a registered engine rated less than 50 brake horsepower shall be a certified compression-ignition engine or a certified spark-ignition engi ne, unless no emission standards exist for that brake horsepower and year of manufacture. In t hat event, the engine shall comply with the applicable daily and annual emission limits contained in section 2456 (d)(6) of this article. No other requi rements of this sect ion are applicable to portable engines rated less than 50 brake horsepower.

15(d) After January 1, 2006, engines rated equal to, or greater than 50 bhp registered

under this article shall:

(1) be certified compression-ignition engi nes or certified spark-ignition engines that meet the most stringent emissions st andard in effect for the applicable horsepower range at the time the application is submitted by the responsible officia l . Spark-ignition engines t hat are not certified sparkignition engines may be registered if t hey meet the emission standards in Table 1. Subsection (d)(1) does not appl y to certified compression-ignition engines built under the flex ibility provisions list ed in 40 CFR part 89.102, engines that are resident engines, c hanges of ownership, or engines that meet the requirements of Title 17 of the Californi a Code of Regulations sections 93116.3(b)(7 ) or 93116.3.1. (2) meet all applicable requirements in Ti tle 17 of the Californi a Code of Regulations commenci ng 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 emissi ons concentration of 0.1 grain per standard dry cubic feet co rrected to 12 percent CO 2 . This provision does not apply to certified compression-igniti on engines, certified spark-ignition engines, or any spark-ignition engi ne meeting Table 1 requirements; (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 equi valent 20 percent opacity; and (6) not exceed the follo wing 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 (PM 10 ); (C) for registered engines operating onshore, 10 tons for each pollutant per district per year per engine for NOx, SOx, VOC, PM 10 , 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 withi n STW. If authorization is

in the form of a current district permit, the terms and conditions of the district pe rmit supersede the requirements of the statewide registration for the project, except that the most stringent of the technol ogy and emission concentration limits required by the district pe rmit or statewide registration are applicable. If the regi stered engine does not have a current district permit, the terms and conditions of the

16statewide 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 pr ogram when the engine(s) is operated at a stationary source permitted by the district; and (2) the corresponding onshore di strict 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 st atewide 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. Statewi de registration shall not be valid at any location where the AQIA demonstrates a potential violation of an am bient 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 li mits 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.

(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 Pa rt 89 or Title 13 of the California Code of Regulations has not yet becom e 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 limi t in (6)(C) above shall only apply

onshore. (9) For certified compressi on-ignition engines, certified spark-ignition engines, or any spark-ignition engine meeting Table 1 requirements, the daily and

annual emission limitations in se ction 6 above shall not apply. (10) Effective January 1, 2010, all regist ered spark-ignition engines rated at 50 brake horsepower or greater shall be certified spark-ignition engines or shall meet Table 1 requirements. Fo r those spark igniti on engines that are not certified spark-ignition engines or do not meet Table 1 requirements, the registration shall expire on Dece mber 31, 2009 and the engine will not be allowed to operate under the aut hority of this regulation.

(e) All registered engines shall be equi pped with a functioning non-resettable hour meter, fuel meter or ot her operation tracking device approved by the Executive Officer. Engines registered prior to the e ffective date of this regulation, that are not equipped with a functional non-resettabl e 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.

17(f) Registered TSE is exempt from di strict New Source Review and Title V programs, including any offs et 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. Re ference: 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.

§ 2457. Requirements for Registered Equipment Units.

(a) Emissions from a registered equipment unit, exclusive of emissions emitted directly from the associated por table engine, s hall not exceed:

(1) 10 tons per year per district of PM 10 ; and (2) 82 pounds per proj ect per day of PM 10

. (3) For registered equipment units th at operate within STW and onshore, emissions released while operatin g 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 dar ker than Ringelmann 1 or equivalent 20 percent opacity; (B) the particulate matter emissions shall be contro lled using a fabric or cartridge filter dust collector;

18(C) as a part of application for regi stration, the applicant shall provide manufacturer’s specifications or engineering data to demonstrate a minimum particulate matter cont rol of 99 percent for the dust collection equipment; (D) except for vent f ilters, each fabric dust collector shall be equipped with an operational pressure diffe rential 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 collect or, unless there are no visible

emissions from t he 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 dar ker 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 perc ent opacity or Ringelmann 1; (F) silo service hatches shall be dust-tight; (G) as a part of application for regi stration, 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 f ilters, each fabric dust collector shall be equipped with an operational pressure diffe rential gauge to measure the pressure drop across the filters; (I) all aggregate transfer point s shall be equipped with a wet suppression system to control fugi tive 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, unle ss the stockpiled material results in no visible emissions; and (L) there shall be no visible emi ssions beyond the property line on which the equipment is being operated.

19(3) Sand and gravel screening, rock cr ushing, 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 dar ker 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 mois ture content unless there are no visible emissions; (D) particulate matter emissions fr om 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 mate rial results in no visible emissions; (G) as a part of application for regi stration, 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 f ilters, each fabric dust collector shall be equipped with an operational pressure diffe rential 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 perc ent opacity or Ringelmann 1; and (J) if applicable, the operation shall comply with the requirements of 40 CFR Part 60 Subpart OOO.

(4) Unconfined abrasiv e 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 dar ker than Ringelmann 2 or equivalent 40 percent opacity; (B) only California Air Resources Bo ard-certified abrasive blasting material shall be used [Note: s ee 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;

20(E) all applicable requirements of Title 17 of California Code of Regulations shall also apply; and (F) there shall be no visible emi ssions 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 Be st 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 configurat ion, 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.

(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 require ments 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. Re ference: Sections 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

21§ 2458. Recordkeeping and Reporting.

(a) Except for registered engines owned by a rental business, used in a third-party rental, operated by a PEPS, or TSE, the ow ner of registered en gines, 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 engines not previously required to maintain records shall begin up on the effective dat e of the regulation or January 1, 2007, which ever is later. For engines not previously required to have an hour meter, fuel meter or ot her device approved by the Executive Officer, the owner or operator shall record hours of operation until the hour meter, fuel meter or other device appr oved 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 Execut ive 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, f uel meter, or other device approved by the Executive Officer, and the corres ponding dates of the recordings for each registered engine or equipment unit based on the following:

(A) for each project as defined in 2 452 (ff) or (gg), readings shall be recorded prior to the commencement of operati on and at the completion of the project; or (B) for ongoing operation of a regi stered engine or equipment unit at multiple locations within a stati onary 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 uni ts subject to a daily operational limitation, daily records of either hour s of operation, fuel usage, or process throughput as applicable. (4) For equipment units subject to th e requirements of section 2457(b)(3), daily throughput shall be the sum of m easurements of material introduced into the equipment unit. These measur ements shall be taken at the initial loading point(s) of the equipment unit. (5) recordings from an hour meter, f uel meter, or other device approved by the Executive Officer and the correspond ing dates of the recordings any time an engine or equipment unit is undergoing service, repair, or maintenance; and (6) for each start and stop reading specif ied in (2) and (3) above, the location identified by district, count y, or other indicator (i .e., street address, UTM coordinates, etc.)

22(b) A rental business or t he owner of a registered engine or equipment unit involved in a third party rental, shall maintain reco rds for each rental or lease transaction.

The written rental or le ase agreement shall be kept onsite with the registered engine or equipment unit at all times. Recordkeeping for registered engines not previously required to maintain records shall begin upon the ef fective date of the regulation or January 1, 2007, which ever is later. For registered engines 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 me ter or other device approved by the Executive Officer has been installed. The owner shall pr ovide each person who rents a registered engine or equipment unit with a written copy of applicable r equirements of this article, including recordk eeping and notification requir ements, as a part of the agreement. The records, including writt en acknowledgment by each renter of the registered engine or equipment unit of having received the above information, shall be maintained by the rental busine ss 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 Execut ive Officer or districts upon request. Records shall be maintained in a format approved by the Executive Officer and include, at a minimum, for each r ental engine all of the following:

(1) registered engine registration number; (2) dates for the start and end of the rental transaction; (3) hours of operation for eac h rental period including the hour meter reading

at the start of t he 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 s hall 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 purs uant 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 T SE list every three years according to expiration date.

(d) For each registered engine subject to the requirements of Title 17 California Code of Regulations sect ion 93116, the owner sha ll keep records and submit reports in accordance with Title 17 Ca lifornia Code of Regulations section

93116.4.

23(e) Except for registered engines or equi pment 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 sha ll 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 r egistered engine and/or equipment unit; (3) for registered engines, quarterly summa ries for each district or county the total fuel usage in gallons per quarte r, or total hours of operation per quarter, for each registered engine; and (4) for registered equipment units, quarte rly summaries for each district or county in which the registered equi pment unit was operated and the total process weight or throughput.

(f) The owner of a regist ered engine or equipment unit owned by a rental business or used in a third-party rental transact ion shall provide the Executive Officer an annual report signed by the responsible o fficial, in a format approved by the Executive Officer, by March 1 of each ca lendar 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 repor ting year for each registered engine based on, and including, beginni ng and ending annual hour meter readings and dates upon which t he 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; (5) estimate of the percentage of tota l hours for each engine operated in each of the counties identified in (4) above; and (6) for registered equipment units, q uarterly and annual summaries for each district or county in which the r egistered equipment uni t was operated and the total process weight or throughput.

(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 r egistered 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 eq uipment unit operated the most.

24(h) Records requests made by a district or Executive Officer shall be made to the responsible official. The responsible o fficial 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 Exec utive Officer with an annual report, in a format approved by the Executive Officer, by Marc h 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 a nd/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 portabl e engines and/or equipment units in California shall:

(1) notify the buyer about this regulation; and (2) on a monthly basis subm it to the Executive Office r the number of portable engines and/or portable equipment units sold by the vendor for use in California including: the name, addr ess, and contact information of the purchaser, and description of the engi ne 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. Refe rence: Sections 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2459. Notification.

(a) Except as listed in subsection (d) of th is section, if a r egistered equipment unit

will be at a location for more than five days, the owner or operator of that registered equipment unit, shall notify the di strict in writing in a format approved by the Executive Officer, within two wo rking days of commencing operations in

that district. If t he registered equipment unit is to be moved to different locations within the same district, the owner or oper ator shall be subject to the notification requirements above, unless the owner or operator and the district, by mutual agreement, arrange alternative notifica tion 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 res ponsible 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.

25(b) If the district has not been notified as required in section 2459(a) above, because the owner or operator did not reasonabl y expect the duration of operation to trigger the notification r equirement in section 2459(a) above, the owner or operator shall notify the district, in a fo rmat approved by the Executive Officer, within 12 hours of determining the regist ered equipment unit will be operating at a location more than five days.

(c) Owners and operators of TSE are not subj ect to the notificat ion requirements of

this section 2459.

(d) For STW projects, the owner or operator of a registered engi ne 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 num ber of the registered engine or equipment unit; (2) the name and phone number of the re sponsible official with information concerning the locations where the registered engine or equipment unit will be operated withi n 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 operat ors of registered engines are not subject to notification requirements.

(f) The Executive Officer shall make avail able via the Internet a list of approved

notification methods for each district.

(g) Failure to provide the required notificati ons within the timelines specified in this

section shall be deemed a violat ion of this regulation.

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Re ference: Sections 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2460. Inspections and Testing.

(a) In determining if a portable engine or equi pment 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 regi stered engines and equipm ent units for which the district has been designated as the home district pursuant to section 2453(i) above, as specified below:

26(1) Within 45 days after the date of initial issuance or renewal of a registration, the owner or operator s hall contact the home district to arrange for inspection of the regist ered engine or equipment unit to be completed within one year of the initial registration or renewal date. If the registered engine or equipment unit sha ll be operating in a district, other than the home district, the owner or operator may request the home district to arrange for an inspecti on 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 not request that the registered engine be inspected at the hourly rate specified in Tabl e 3 for equipment unit inspections. Inspection fees for registered engines are to be paid as listed in item 14 in

Table 3.

(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 reas onable in-field inspection location is arranged with the appropriate district.

(5) The time for an arranged inspec tion 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 norma l workday, the district may charge

for the off-hour time based on a fee as specified in Table 3.

(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 re schedule the arranged inspection no later than 90 days of the initially sc heduled inspection. Any unreasonable actions on the part of the owner or oper ator that prevents the inspection to occur within the specified time frame shall be deemed a violation of this article. Actions taken by the ow ner 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 regi stered 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 registered engine or equipment unit is required to be observed in operation.

27(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 registrati on or by January 30 of each year for renewals, the owner or operator shall s ubmit a letter of intent including an equipment list and registra tion numbers to the dist rict to arrange for inspection of multiple engines. The inspections shall be completed within one year after the registration renewa l 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 arr anged inspection within that period if:

(A) within 45 days after the date of in itial 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 uni t 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 sha ll arrange to have the registered engine or equipment unit in spected within 30 days.

(c) After issuance of registration, the Execut ive Officer or distri ct may at any time conduct an inspection of any registered engine or equipment unit in order to verify compliance with the requirements of this arti cle. The district shall not charge the owner or operator an additional inspection f ee 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 regist ration), except as provided in section 2460 (e), unless evidenc e 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 register ed 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 accor dance with the following methods or other methods approved by the Executive Officer:

Particulate Matter: ARB Test Method 5 with probe catch and f ilter 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 Met hod 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

(e) Initial or follow-up source testing of engines to verify compliance with the requirements of this regulation s hall not be required for certified compression-ignition engines and spark-ignition engines.

28(f) The exemption provided in section 2460 (e) shall not ap ply to source testing of engines for compliance purposes where evidence of engine tampering, lack of proper engine maintenance, or other problem s 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, t he Executive Officer shall assess and collect reasonable fees for registration, renewal, and associated administrative tasks, to

recover the estimated costs to the Exec utive Officer for eval uating registration applications, and issuing r egistration documentation.

(b) Fees shall be due and payable to the Ex ecutive Officer at the time an application is filed or as part of any request requiri ng a fee. Fees are nonrefundable except in circumstances as determined by the Executive Officer.

(c) Except as provided in (k) below, the ow ner or operator of a registered engine or equipment unit shall submit fees to the Executive Officer and to districts in

accordance with Table 3.

(d) The Executive Officer shall collect an in spection fee as listed in Table 3 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 multip le engines inspections with the district and complies with the requirements spec ified 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 re sult in penalties. If a fee payment is not received or postmarked by the s pecified due date, fee penalties may be assessed per unit in accordance with Table 3. Failure to pay renewal fees prior to expiration may result in cancellation of the registra tion. If a registration has expired for an engine or equipmen t unit that is eligible for reactivation, a canceled registration may be reactivated after payme nt of all renewal and penalty fees. Registration may be reissued under t he original registration number and expiration date. A portabl e engine or equipment unit without valid registration is subject to the rules and r egulations of the district in which it operates.

29(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 distri ct shall bill the owner of the equipment unit at a rate as specified in Table 3 of t he regulation for actual staff time taken to perform the inspection, not to exceed t he amount specified in Table 3. Upon receipt of the invoice for the inspection fee, the owner shall have the right to appeal the district’s fee determination to t he district Air Pollution Control Officer pursuant to the provisions of the dist rict’s rules and regulations that govern appeals of fee determinations.

(h) The Executive Officer shall annually dist ribute 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.

(i) TSE fees are due at the time of the report pursuant to se ction 2458(c). Failure to submit the annual repor t and applicable fees within six calendar months after the end of the year will result in cancellati on of the registration. For TSE, if registration is cancelled or allowed to expire, the applicant shall reapply and pay initial registration fees.

(j) The district may collect an inspecti on fee as listed in Table 3 one time per calendar year for each registered TSE in spected. When mult iple 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 3 per registered portable engine or equipment unit inspected. If the dist rict 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 3 per portable engine or equipment unit fo r each inspection necessary for the

determination and ultimate resolution of the violation. In no event shall the total fees exceed the actual costs, including st aff time, to the dist rict of conducting the investigations and resolving any violations.

(k) Portable engines qualifying for initial r egistration as resident engines per section 2452(ll)(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 dol lars per engine shall be retained by the Air Resources Board to provide for adm inistrative costs. The fees shall be

determined as follows:

30(1) For tier 1 engines, as defined in se ction 2452(uu), registration fees will be based on the year listed in Table 2, as determined below:

(A) Where date of purchase can be veri fied 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 pur chase can not be verified, the model year shall

be used

.

(2) For tier 2 engines, as defined in sect ion 2452(vv), registra tion fees as listed in Table 2 will be based on the year the engine was purchased (as verified by the Executive Officer) or the model y ear of the engine (if purchase date is not available).

Table 2 Registration Fees For Resident Engines Per Section 2452(ll)(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)

31Table 3 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 porta ble engine or equipment unit $75.00

9 Change of ownership $75.00

10 Replacement of registration iden tification 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

32NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 4175 4, 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 for registrations that will expire on December 31, 2009 pursuant to sections 2456(d)(10) and 17 CCR 93116.3(b )(1)(A), registrations 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 regist ration 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 applicabl e fees when due.

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 4175 4, 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 su spend or revoke registration in any of the following circumstances:

(1) the holder of registration has violat ed one or more terms and conditions of registration or has refused to comply with any of the requi rements of this article; (2) the holder of registration has materia lly misrepresented the meaning, findings, effect or any other material aspect of the registration app lication, including submitting false or incomplete informa tion in its application for registration regardless of the holder’s personal knowle dge 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, dur ing normal business hours or hours of operation, to any facility or location where registered engines and equipment units are operated or stored and are preven ted from inspecting such engines or equipment units as provid ed 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;

33(6) the registered engine or equipm ent 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 t hat results in an increase in emissions or changes the efficien cy 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 Noti ce to Comply within the time period set

forth in such notice or as otherwise specified in writi ng by the issuing district. (8) the holder of the regist ration has failed to pay fees assessed by either the

Executive Officer or district within 120 a fter 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 fo rth the reasons for and evidence supporting the action(s) taken. A suspension or re vocation 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 pend ing a hearing under section 2464. In determining whether to grant the stay, the Executive Of ficer 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 t he 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 Execut ive Officer advising him or her of all such steps taken by

the holder before the Execut ive Officer will consider rein stating the registration.

(f) After the Executive Officer suspends or revokes a registration pursuant to this section and prior to commencement of a he aring under section 2464, if the holder of registration demonstrates to t he Executive Officer’s satisfaction that the decision to suspend or revoke the registration was based on erroneous information, the Executive Officer will reinstate the registration.

34(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, 4175 4, 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 whos e application has been denied or a holder of registration whose registration has been

, suspended

, or revoked may request a hearing to review the action tak en by sending a request in writing to the Executive Officer. A request for hear ing shall include, at a minimum, the following:

(A) name of applicant or holder of registration; (B) registration number; (C) copy of the Executive Order revo king or suspending registration or the written notification of denial; (D) a concise statement of the iss ues to be raised, with supporting facts, setting forth the basis for challeng ing the denial, suspension, or revocation (mere conclusory a llegations will not suffice); (E) a brief summary of evidence in support of the st atement of facts required in (D) above; and (F) the signature of an authoriz ed person requesting the hearing.

(2) A request for a hearing shall be filed wit hin 20 days from the date of issuance of the notice of the denial, suspension, or revocation. (3) A hearing requested pursuant to this se ction 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 iss ue. In a request for a hearing of a denial of registration, a fter reviewing the request fo r 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 ques tion 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 hear ing officer shall establish a hearing file. The file shall consist of the following:

35(A) the determination issued by the Ex ecutive Officer which is the subject of the request for hearing; (B) the request for hearing and t he supporting documents that are submitted with it; (C) all documents relating to and re lied upon in making the determination to deny registration or to sus pend or revoke registration; and (D) correspondence and other document s 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-authoriz ed 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 evid ence shall not apply to the heari ng, except that relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons ar e accustomed to relying in the

conduct of serious affairs. No acti on shall be overturned based solely on hearsay evidence, unless the hearsay ev idence would be admissible in a court of law under a legally recogn ized exception to the hearsay rule. (10) The hearing shall be reco rded either electronically or by a certified shorthand reporter. (11) The hearing officer shall consider t he totality of the circ umstances of the denial, suspension, or revocation, incl uding 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 prop osed finding as well as a copy of any material submitted by the hearing par ticipants 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 revo cation if the registration holder's conduct so warrants; or (D) overturn a denial, suspension, or revocation in its entirety.

(14) The Executive Officer shall render a final written decision within 60 working days of the last day of hearing. T he Executive Officer may do any of the following:

36(A) adopt the hearing offi cer’s proposed decision; (B) modify the hearing offi cer’s proposed decision; or (C) 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 documen ts within 20 days of making the request. Subsequent to such a submi ssion the following shall transpire:

(A) ARB staff shall submit a writt en response to the requestor’s submission and documents in support of the Execut ive Officer's action no later than 10 days after receipt of requestor’s submission; (B) The registration holder may subm it 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, AR B staff may submit one rebuttal statement which may include supporting information, as attachment(s), but limited to t he issues previously raised; and (D) the hearing officer shall be designa ted in the same manner as set forth in (a)(3) above. The hearing office r shall receive all statements and documents and submit a proposed wri tten 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 fi nal 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 rende r a final written decision within 60 working days of the last day of heari ng. The Executive Officer may do any of the following:

(1) adopt the hearing officer’s proposed decision; (2) modify the hearing offi cer’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, 4175 4, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

37§ 2465. Penalties.

Violation of the provisions of this article may result in ci vil, and/or criminal penalties pursuant to the California Health and Safety C ode. Each day during any portion of which a violation occurs is a separate violation.

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 4175 4, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

38