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-associated equipment (portable engines and equipment 

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

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

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

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

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

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

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

regulations. 

NOTE: Authority cited: Section 39600, 39601, 41752, 41753, 41754, 41755, 43013(b), 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2451. Applicability. 

(a) Registration under this regulation is voluntary for owners of portable 

engines or equipment units. 

(b) This regulation applies to portable engines and equipment units as defined 

in section 2452. Except as provided in paragraph (c) of this section, any 

portable engine or equipment unit may register under this regulation. 

Examples include, but are not limited to: 

(1) portable equipment units driven solely by portable engines including 

confined and unconfined abrasive blasting, Portland concrete batch 

plants, sand and gravel screening, rock crushing, and unheated 

pavement recycling and crushing operations; 

(2) consistent with section 209 (e) of the federal Clean Air Act, engines 

and associated equipment used in conjunction with the following 

types of portable operations: well drilling, service or work-over rigs; 

power generation, excluding cogeneration; pumps; compressors; 

diesel pile-driving hammers; welding; cranes; woodchippers; 

dredges; equipment necessary for the operation of portable engines 

and equipment units; and military tactical support equipment. 

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

(1) any engine used to propel mobile equipment or a motor vehicle of any 

kind as defined in section 2452 (z)(1)(A); 

(2) any engine or equipment unit not meeting 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 subject to an applicable federal Maximum 

Achievable Control Technology standard, or National Emissions Standard 

for Hazardous Air Pollutants, or federal New Source Performance 

Standard, except for equipment units subject to 40 CFR Part 60 Subpart 

OOO (Standards of Performance for Nonmetallic Mineral Processing 

Plants); 

(5) any engine or equipment unit operating within the boundaries of the 

California Outer Continental Shelf (OCS). [Note: This shall not prevent 

statewide registration of portable engines and equipment units already 

permitted by a district for operation in the OCS. Such statewide registration 

shall only be valid for operation onshore and in State Territorial Waters 

(STW).]; 

(6) any dredging operation in the Santa Barbara Harbor; 

(7) any dredging unit owned by a single port authority, harbor district, or 

similar agency in control of a harbor, and operated only within the 

same harbor; 

(8) generators used for power production into the grid, except to maintain grid 

stability during an emergency event or other unforeseen event that affects 

grid stability; and 

(9) generators used to provide primary or supplemental power to a building, 

facility, stationary source, or stationary equipment, except during 

unforeseen interruptions of electrical power from the serving utility, 

maintenance and repair operations, electrical upgrade operations including 

startup, shutdown, and testing that do not exceed 60 calendar days, 

operations where the voltage, frequency, or electrical current requirements 

can only be supplied by a portable generator, or remote operations where 

grid power is unavailable. 

(d) In the event that the owner of an engine or equipment unit elects not to register under 

this program, the engine or equipment unit shall be subject to district permitting 

requirements pursuant to district regulations. 

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. 

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§ 2452. Definitions. 

(a) “Air Contaminant” shall have the same meaning as setout in section 39013 of the 

Health and Safety Code. 

(b) “ARB” means the California Air Resources Board. 

(c) “Certified Compression-Ignition Engine” means an engine meeting the 

nonroad engine emission standards for compression-ignition engines, as set 

forth in Title 13 of the California Code of Regulations or 40 CFR Part 89 in effect 

at the time of application. 

(d) “Certified Spark-Ignition Engine” means an engine meeting the nonroad 

engine emission standards for spark-ignition engines, as set forth in Title 13 of 

the California Code of Regulations or 40 CFR Part 1048 in effect at the time of 

application. 

(e) “Compression-Ignition (CI) Engine” means an internal combustion engine with 

operating characteristics significantly similar to the theoretical diesel 

combustion cycle. Compression-ignition engines usually control fuel supply 

instead of using a throttle to regulate power. 

(f) “Corresponding Onshore District” means the district which has jurisdiction for 

the onshore area that is geographically closest to the engine or equipment unit. 

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

district created or continued in existence pursuant to provisions of Part 3 

(commencing with section 40000) of the California Health and Safety Code. 

(h) “Electrical Upgrade” means replacement or addition of electrical equipment and 

systems resulting in increased generation, transmission and/or distribution capacity. 

(i) “Emergency Event” means any situation arising from sudden and reasonably 

unforeseen natural disaster such as earthquake, flood, fire, or other acts of God, or 

other unforeseen events beyond the control of the portable engine or equipment 

unit operator, its officers, employees, and contractors that threatens public health 

and safety and that requires the immediate temporary operation of portable 

engines or equipment units to help alleviate the threat to public health and safety. 

(j) “Engine” means any piston driven internal combustion engine. 

(k) “Equipment Unit” means equipment that emits PM10 over and above that 

emitted from an associated engine. 

(l) “Executive Officer” means the Executive Officer of the California Air Resources 

Board or his/her designee. 

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(m) “Hazardous Air Pollutant (HAP)” means any air contaminant that is listed 

pursuant to section 112(b) of the federal Clean Air Act. 

(n) “Home District” means the district designated by the responsible official as the 

district in which the registered engine or equipment unit resides most of the time. 

For registered engines or equipment units based out of California, the 

responsible official shall designate the home district based on where the 

registered engine or equipment unit is likely to be operated a majority of the time 

the registered engine or equipment unit is in California. 

(o) “Identical Replacement” means a substitution due to mechanical breakdown 

of a registered portable engine or equipment unit with another portable engine 

or equipment unit that has the same manufacturer, type, model number, 

manufacturer’s maximum rated capacity, and rated brake horsepower; and is 

intended to perform the same or similar function as the original portable engine 

or equipment unit; and has equal or lower emissions expressed as mass per 

unit time; and meets the emission requirements of sections 2455 through 2457 

of this article. 

(p) “In-field Inspection” means an inspection that is conducted at the location that 

the portable engine or equipment unit is operated under normal load and 

conditions. 

(q) “Location” means any single site at a building, structure, facility, or installation. 

(r) “Maximum Achievable Control Technology (MACT)” means any federal 

requirement promulgated as part of 40 CFR Parts 61 and 63. 

(s) “Maximum Rated Capacity” is the maximum throughput rating or volume 

capacity listed on the nameplate of the registered equipment unit as specified by 

the manufacturer. 

(t) “Maximum Rated Horsepower (brake horsepower (bhp)” is the maximum 

brake horsepower rating specified by the registered engine manufacturer and 

listed on the nameplate of the registered engine. 

(u) “Mechanical Breakdown” means any failure of an engine’s electrical system or 

mechanical parts that necessitates the removal of the registered engine from 

service. 

(v) “Modification” means any physical change to, change in method of operation 

of, or an addition to a registered engine or equipment unit, which may cause or 

result in an increase in the amount of any air contaminant emitted or the 

issuance of air contaminants not previously emitted. Routine maintenance 

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: 

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(1) an increase in the production rate, unless such increase will cause the 

maximum design capacity of the registered equipment unit to be 

exceeded; 

(2) an increase in the hours of operation; 

(3) a change of ownership; and 

(4) the movement of a registered engine or equipment unit from one location 

to another. 

(w) “New Nonroad Engine” means a nonroad engine, the equitable or legal title to 

which has never been transferred to an ultimate purchaser. If the equitable or 

legal title to an engine is not transferred to an ultimate purchaser until after the 

engine is placed into service, then the engine will no longer be new after it is 

placed into service. A nonroad engine is placed into service when it is used for 

its functional purposes. The term “ultimate purchaser” means, with respect to a 

new nonroad engine, the first person who purchases a new nonroad engine for 

purposes other than resale. 

(x) “New Source Performance Standard (NSPS)” means any federal requirement 

promulgated as part of 40 CFR Part 60. 

(y) “Non-field Inspection” means an inspection that is either conducted at a 

location that is mutually acceptable to the district and the owner or operator or 

where the engine or equipment unit is stored and does not require operation of 

the engine or equipment unit for purposes of the inspection.

(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 that is intended to be propelled while 

performing its function (such as lawnmowers and string trimmers); 

or 

(C) that, by itself or in or on a piece of equipment, is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. Indicia of transportability 

include, but are not limited to, wheels, skids, carrying handles, 

dolly, trailer, or platform. 

(2) An engine is not a nonroad engine if: 

(A) the engine is used to propel a motor vehicle or a vehicle used 

solely for competition, or is subject to standards promulgated 

under section 202 of the federal Clean Air Act; or 

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(B) the engine is regulated by a federal New Source Performance 

Standard promulgated under section 111 of the federal Clean Air 

Act; or 

(C) the engine otherwise included in paragraph (1)(C) of this 

definition remains or will remain at a location for more than 12 

consecutive months or a shorter period of time for an engine 

located at a seasonal source. Any engine (or engines) that 

replaces an engine at a location and that is intended to perform 

the same or similar function as the engine replaced will be 

included in calculating the consecutive time period. An engine 

located at a seasonal source is an engine that remains at a 

seasonal source during the full annual operating period of the 

seasonal source. A seasonal source is a stationary source that 

remains in a single location on a permanent basis (at least two 

years) and that operates at that single location approximately 

three (or more) months each year. 

(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 addition to the registration 

identification device.

(cc) “Portable” means designed and capable of being carried or moved from one 

location to another. Indicia of portability include, but are not limited to, wheels, 

skids, carrying handles, dolly, trailer, or platform. For the purposes of this 

regulation, dredge engines on a boat or barge are considered portable. The 

engine or equipment unit is not portable if any of the following are true: 

(1) the engine or equipment unit or its replacement is attached to a 

foundation, or if not so attached, will reside at the same location for more 

than 12 consecutive months. The period during which the engine or 

equipment unit is maintained at a storage facility shall be excluded from 

the residency time determination. Any engine or equipment unit such as 

back-up or stand-by engines or equipment units, that replace engine(s) or 

equipment unit(s) at a location, and is intended to perform the same or 

similar function as the engine(s) or equipment unit(s) being replaced, will 

be included in calculating the consecutive time period. In that case, the 

cumulative time of all engine(s) or equipment unit(s), including the time 

between the removal of the original engine(s) or equipment unit(s) and 

installation of the replacement engine(s) or equipment unit(s), will be 

counted toward the consecutive time period; or 

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(2) the engine or equipment unit remains or will reside at a location for less 

than 12 consecutive months if the engine or equipment unit is located at a 

seasonal source and operates during the full annual operating period of 

the seasonal source, where a seasonal source is a stationary source that 

remains in a single location on a permanent basis (at least two years) and 

that operates at that single location at least three months each year; or 

(3) the engine or equipment unit is moved from one location to another in an 

attempt to circumvent the portable residence time requirements. 

(dd) “Prevention of Significant Deterioration (PSD)” means any federal 

requirements contained in or promulgated pursuant to Part C of the federal Clean 

Air Act. 

(ee) “Process” means any air-contaminant-emitting 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 State Territorial Waters (STW),” means the use 

of one or more registered engines and equipment units operating under the same 

or common ownership or control to perform any and all activities needed to fulfill 

specified contract work that is performed in STW. For the purposes of this 

definition, a contract means verbal or written commitments covering all operations 

necessary to complete construction, exploration, maintenance, or other work. 

Multiple or consecutive contracts may be considered one project if they are 

intended to perform activities in the same general area, the same parties are 

involved in the contracts, or the time period specified in the contracts is 

determined by the Executive Officer to be sequential. 

(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 property, the transmission of 

telephone or telegraph messages, or the production, generation, transmission or 

furnishing of heat, light, water, power, or sanitation directly or indirectly to the 

public. 

(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 owned by that person. 

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

(1) a portable engine that at the time of applying for registration, has a 

current, valid district permit or registration that was issued prior to January 

1, 2006, or an engine that lost a permit to operate exemption through a 

formal district action. Moving an engine from a district that provides a 

permit to operate exemption to a district that requires a permit to operate 

or registration does not qualify for consideration as a resident engine; or 

(2) a certified compression-ignition engine that operated in California at any 

time between March 1, 2004 and October 1, 2006. The responsible 

official shall provide sufficient documentation to prove the engine’s 

residency to the satisfaction of the Executive Officer. Examples of 

adequate documentation include but are not limited to: tax records, 

purchase records, maintenance records, or usage records. 

An engine permitted or registered by a district pursuant to Title 17 of the 

California Code of Regulations Section 93116.3(b)(6) is not a resident engine. 

(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 operating characteristics significantly similar 

to the theoretical Otto combustion cycle. Spark-ignition engines usually use a 

throttle instead of using fuel supply to control intake air flow to regulate power. 

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

water that extends from the California coastline to 3 miles off-shore; a 3 mile 

wide belt around islands; and estuaries, rivers, and other inland waterways. 

(pp) “Statewide Registration Program” means the program for registration of 

portable engines and equipment 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 “installation” includes all pollutant emitting activities which: 

(1) are under the same ownership or operation, or which are owned or 

operated by entities which are under common control; 

(2) belong to the same industrial grouping either by virtue of falling within the 

same two-digit standard industrial classification code or by virtue of being 

part of a common industrial process, manufacturing process, or connected 

process involving a common raw material; and 

(3) are located on one or more contiguous or adjacent properties. 

[Note: For the purposes of this regulation a stationary source and nonroad engine are 

mutually exclusive.] 

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(rr) “Storage” means a warehouse, enclosed yard, or other area established for the 

primary purpose of maintaining registered engines or equipment units when not 

in operation. 

(ss) “Tactical Support Equipment (TSE)” means equipment using a portable 

engine, including turbines, that meets military specifications, owned by the U.S. 

Department of Defense, the U.S. military services, or its allies, and used in 

combat, combat support, combat service support, tactical or relief operations, or 

training for such operations. Examples include, but are not limited to, internal 

combustion engines associated with portable generators, aircraft start carts, 

heaters and lighting carts. 

(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-ignition engine according to the 

horsepower and model year as follows: 

≥50 bhp and <100 bhp; 1998 through 2003 

≥100 bhp and <175 bhp; 1997 through 2002 

≥175 bhp and <300 bhp; 1996 through 2002 

≥300 bhp and <600 bhp; 1996 through 2000 

≥600 bhp and ≤750 bhp; 1996 through 2001 

>750 bhp; 2000 through 2005. 

(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 Environmental Protection Agency. 

(yy) “Vendor” means a seller or supplier of portable 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-chloro-4-trifluoromethyl benzene), 

methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, ammonium carbonates, methylene chloride (dichloromethane), 

methyl chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), 

CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 

(chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 

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(dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-123 

(dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b 

(dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), HCFC-124 

(chlorotetrafluoroethane), HFC-23 (trifluoromethane), HFC-134 

(tetrafluoroethane), HFC-125 (pentafluoroethane), HFC-143a (trifluoroethane), 

HFC-152a (difluoroethane), cyclic, branched, or linear completely methylated 

siloxanes, the following classes of perfluorocarbons: 

(1) cyclic, branched, or linear, completely fluorinated alkanes; 

(2) cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 

(3) cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations; and 

(4) sulfur-containing perfluorocarbons with no unsaturations and with the 

sulfur bonds to carbon and fluorine, acetone, ethane, and 

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene). 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2453. Application Process. 

(a) In order for an engine or equipment unit to be considered for registration by the 

Executive Officer, the engine or equipment unit must be portable as defined in 

section 2452 (cc) and meet all applicable requirements established in this article. 

(b) For purposes of registration under this article, an engine and the equipment unit it 

serves are considered to be separate emissions units and require separate 

applications. 

(c) For an identical replacement, an owner or operator of a registered portable 

engine or equipment unit is not required to complete a new application and may 

immediately operate the identical replacement. Except for TSE, the owner or 

operator shall notify the Executive Officer in writing within five calendar days of 

replacing the registered engine or equipment unit with an identical replacement. 

Notification shall include company name, responsible official, phone number, 

registration certificate number of the engine or equipment unit to be replaced; 

and make, model, rated brake horsepower, serial number of the identical 

replacement, description of the mechanical breakdown; and applicable fees as 

required in section 2461. Misrepresentation of engine or equipment unit 

information or the failure to meet the requirements of this regulation shall be 

deemed a violation of this article. 

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(d) The Executive Officer shall inform the applicant, in writing, if the application is 

complete or deficient, within 30 days of receipt of an application. If deemed 

deficient, the Executive Officer shall identify the specific information required to 

make the application complete. 

(e) The Executive Officer shall issue or deny registration within 90 days of receipt of 

a complete application. 

(f) Upon finding that an engine or equipment unit meets the requirements of this 

article, the Executive Officer shall issue a registration for the engine or equipment 

unit. The Executive Officer shall notify the applicant in writing that the engine or 

equipment unit has been registered. The notification shall include a registration 

certificate, any conditions to ensure compliance with State and federal 

requirements, and a registration identification device for each engine or 

equipment unit registered pursuant to this regulation. Except for TSE, the 

registration identification device shall be affixed on the engine or equipment unit 

at all times, and the registration certificate including operating conditions shall be 

kept on the immediate premises with the engine or equipment at all times and 

made accessible to the Executive Officer or district upon request. Failure to 

properly maintain the registration identification device shall be deemed a violation 

of this article. 

(g) Except for TSE, each application for registration and the appropriate fee(s) as 

specified in section 2461, shall be submitted in a format approved by the 

Executive Officer and include, at a minimum, the following information: 

(1) indication of general nature of business (e.g., rental business, etc.); 

(2) the name of applicant, including mailing address and telephone number; 

(3) a brief description of typical engine or equipment-unit use; 

(4) detailed description, including engine or equipment-unit make, model, 

manufacture year (for portable engines only), rated brake horsepower, 

throughput, capacity, emission control equipment, and serial number; 

(5) necessary engineering data, emissions test data, or manufacturer’s 

emissions data to demonstrate compliance with the requirements as 

specified in sections 2455, 2456, and 2457; 

(6) for resident engines, a copy of either a current permit to operate that was 

granted by a district, or documentation as described in section 2452 (ll); 

and 

(7) the printed name and signature of the responsible official and date of the 

signature. 

(h) For TSE, application for registration and the appropriate fee(s) as specified in 

section 2461, shall be submitted in a format approved by the Executive Officer 

and include, at a minimum, the following information: 

(1) the name of applicant, including mailing address and telephone number; 

(2) a brief description of typical engine or equipment-unit use; 

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(3) engine or equipment-unit description, including type and rated brake 

horsepower; and 

(4) the printed name and signature of the responsible official and date of the 

signature. 

(i) All registered engines and equipment units shall have a designated home district 

as defined in section 2452 (n) according to the following: 

(1) Owners holding valid registration(s) prior to the effective date shall 

designate in writing to the Executive Officer a home district within 90 days 

of the effective date of this regulation. The Executive Officer shall 

designate the home district for any and all registered engines and 

equipment units for existing registration program participants that fail to 

designate a home district; 

(2) a home district shall be designated on each application for initial 

registration of an engine or equipment unit; and 

(3) except for registered engines or equipment units owned by a rental 

business or involved in a third part rental, if the engine or equipment unit, 

based on averaging of annual operation in each district from the three 

annual reports submitted during the 3 year registration cycle, operated the 

largest percentage of the time in a district other than the designated home 

district, the owner shall change the home district designation at the time of 

renewal. The change is not required if the difference between the home 

district operation percentage and the district with the largest operating 

percentage is 5 percent or less. 

(j) Engines or equipment units owned and operated for the primary purpose of 

rental by a rental business shall be identified as rental at the time of application 

for registration and shall be issued a registration specific to the rental business 

requirements of this article. Misrepresentation of portable engine or equipment 

unit use in an attempt to qualify under the rental business definition shall be 

deemed a violation of this article. 

(k) New applications for non-operational engines or equipment units will not be 

accepted by the Executive Officer. 

(l) Once registration is issued by the Executive Officer, district permits or 

registrations for engines or equipment units registered in the Statewide 

Registration Program are preempted by the statewide registration and are, 

therefore, considered null and void, except for the following circumstances where 

a district permit shall be required: 

(1) engines or equipment units used in a project(s) operating in the OCS. The 

requirements of the district permit or registration apply to the registered 

engine or equipment unit while operating at the project(s) in the OCS; or 

(2) engines or equipment units used in a project(s) operating in both the OCS 

and STW. The requirements of the district permit or registration apply to 

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the registered engine or equipment unit while operating at the project(s) in 

the OCS and STW; or 

(3) at STW project(s) that trigger district emission offset thresholds; or 

(4) at any specific location where statewide registration is not valid. The 

owner of the engine or equipment unit shall obtain a district permit or 

registration for the location(s) where the statewide registration is not valid; 

or 

(5) at any location where an engine or equipment unit that has been 

determined to cause a public nuisance as defined in Health and Safety 

Code Section 41700. 

Under no circumstances shall a portable engine or equipment unit be operated 

under both statewide registration and a district permit at any specific location. 

Where both a district permit for operation at a specific location and statewide 

registration have been issued for an engine or equipment unit, the terms of the 

district permit shall take precedence at that location. 

(m) When ownership of a registered engine or equipment unit changes, the new 

owner shall submit a change of ownership application. This application shall be 

filed within 30 days of the change of ownership. During the 30 day period the 

new owner is authorized to operate the registered engine or equipment unit. If 

an application is not received within 30 days, the engine or equipment unit may 

not operate and the existing registration is not valid for the new owner until the 

application has been filed and all applicable fees have been paid. Registration 

will be reissued to the new owner after a complete application has been 

approved by the Executive Officer. 

(n) Except for TSE, 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 equipment unit at all times so that it may be easily 

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

renewal or at the time of initial registration, which ever occurs first. Failure to 

properly maintain the placard shall be deemed a violation of this article. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2454. Registration Process. 

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

Internet. 

(b) The Executive Officer may conduct an inspection of an engine or equipment unit 

and/or require a source test in order to verify compliance with the requirements of 

this article prior to issuance of registration. 

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(c) After obtaining registration in accordance with this article, an owner or operator of 

the registered engines or equipment units: 

(1) shall comply with all conditions set forth in the issued registration. Failure 

to comply with such conditions shall be deemed a violation of this article; 

and 

(2) may operate within the boundaries of the State of California so long as 

such registered engines or equipment units comply with all applicable 

requirements of this article and any other applicable federal or State law. 

(d) Districts shall provide the Executive Officer with written reports or electronic 

submittals via the Internet, describing any inspections and the nature and 

outcome of any violation of local, State or federal laws by the owner or operator 

of registered engines or equipment units. The Executive Officer shall make 

available to all districts such information via the Internet. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2455. General Requirements. 

(a) The emissions from engines or equipment units registered under this article shall 

not, in the aggregate, interfere with the attainment or maintenance of any 

California or federal ambient air quality standard. The emissions from one or 

more registered engines or equipment units, exclusive of background 

concentration, shall not cause an exceedance of any ambient air quality 

standard. This paragraph shall not be construed as requiring operators of 

registered engines or equipment units to provide emission offsets for engines or 

equipment units registered under this article. 

(b) Engines or equipment units registered under this article shall comply with article 

1, chapter 3, part 4, division 26 of the California Health and Safety Code, 

commencing with section 41700. 

(c) Except for engines or equipment units permitted or registered by a district in 

which an emergency event occurs, an engine or equipment unit operated during 

an emergency event as defined in section 2452 (i) of this article, is considered 

registered under the requirements of this article for the duration of the emergency 

event and is exempt from sections 2455, 2456, 2457, 2458, and 2459 of this 

article for the duration of the emergency event provided the owner or operator 

notifies the Executive Officer within 24 hours of commencing operation. The 

Executive Officer may for good cause refute that an emergency event under this 

provision exists. If the Executive Officer deems that an emergency event does 

not exist, all operation of engines and equipment units covered by this provision 

shall cease operation immediately upon notification by the Executive Officer. 

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 this article, the owner or operator of a 

registered equipment unit must notify the U.S. EPA and comply with 40 CFR 

52.21 if: 

(1) the registered equipment unit operates at a major stationary source under 

40 CFR 51.166 or 52.21, and 

(A) the major stationary source is located within 10 kilometers of a 

Class I area; or 

 (B) the registered equipment unit, operating in conjunction with other 

registered equipment units, operates at the major stationary source 

and its operation would be defined as a major modification to the 

stationary source under 40 CFR 51.166 or 52.21; or 

(2) the registered equipment unit, operating in conjunction with other 

registered equipment units, would be defined as a major stationary 

source, as defined under 40 CFR 51.166 or 52.21. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2456. Engine Requirements. 

(a) For TSE, no air contaminant shall be discharged into the atmosphere, other than 

uncombined water vapor, for a period or periods aggregating more than three 

minutes in any one hour which is as dark or darker in shade as that designated 

as No. 2 on the Ringelmann Chart, as published by the United States Bureau of 

Mines, or of such opacity as to obscure an observer’s view to a degree equal to 

or greater than does smoke designated as No. 2 on the Ringelmann Chart. No 

other requirements of this section are applicable to TSE. 

(b) Registered diesel pile-driving hammers shall comply with the applicable 

provisions of section 41701.5 of the California Health and Safety Code and are 

otherwise exempt from further requirements of this section. 

(c) To be registered in the Statewide Registration Program, a registered engine 

rated less than 50 brake horsepower shall be a certified compression-ignition 

engine or a certified spark-ignition engine, unless no emission standards exist for 

that brake horsepower and year of manufacture. In that event, the engine shall 

comply with the applicable daily and annual emission limits contained in section 

2456 (d)(6) of this article. No other requirements of this section are applicable to 

portable engines rated less than 50 brake horsepower. 

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 engines or certified spark-ignition 

engines that meet the most stringent emissions standard in effect for the 

applicable horsepower range at the time the application is submitted by 

the responsible official. Spark-ignition engines that are not certified sparkignition engines may be registered if they meet the emission standards in 

Table 1. Subsection (d)(1) does not apply to certified compression-ignition 

engines built under the flexibility provisions listed in 40 CFR part 89.102, 

engines that are resident engines, changes of ownership, or engines that 

meet the requirements of Title 17 of the California Code of Regulations 

sections 93116.3(b)(7) or 93116.3.1. 

 (2) meet all applicable requirements in Title 17 of the California Code of 

Regulations commencing with section 93116; 

(3) use only fuels meeting the standards for California motor vehicle fuels as 

set forth in chapter 5, division 3, Title 13 of the California Code of 

Regulations, commencing with section 2250, or other fuels and/or 

additives that have been verified through the Verification Procedure for InUse Strategies to Control Emissions from Diesel Engines; 

(4) not exceed particulate matter emissions concentration of 0.1 grain per 

standard dry cubic feet corrected to 12 percent CO2. This provision does 

not apply to certified compression-ignition engines, certified spark-ignition 

engines, or any spark-ignition engine meeting Table 1 requirements; 

(5) not discharge air contaminants into the atmosphere for a period or periods 

aggregating more than three minutes in any one hour which is as dark as 

or darker than Ringelmann 1 or equivalent 20 percent opacity; and 

(6) not exceed the following emission limits: 

(A) 550 pounds per day per engine of carbon monoxide (CO); 

(B) 150 pounds per day per engine of particulate matter less than 10 

microns (PM10); 

(C) for registered engines operating onshore, 10 tons for each pollutant 

per district per year per engine for NOx, SOx, VOC, PM10, and CO 

in nonattainment areas; and 

(D) for registered engines operating within STW: 

(1) the offset requirements of the corresponding onshore district 

apply. Authorization from the corresponding onshore district 

is required prior to operating within STW. If authorization is 

in the form of a current district permit, the terms and 

conditions of the district permit supersede the requirements 

of the statewide registration for the project, except that the 

most stringent of the technology and emission concentration 

limits required by the district permit or statewide registration 

are applicable. If the registered engine does not have a 

current district permit, the terms and conditions of the 

16
statewide registration apply, and the corresponding onshore 

district may require offsets pursuant to district rules and 

regulations. The requirement for district offsets shall not 

apply to the owner or operator of an engine(s) registered in 

the statewide registration program when the engine(s) is 

operated at a stationary source permitted by the district; and 

(2) the corresponding onshore district may perform an ambient 

air quality impact analysis (AQIA) for the proposed project 

prior to granting authorization. The owner or operator of 

engine(s) registered in the statewide registration program 

shall be required, at the request of the district, to submit any 

information deemed by the district to be necessary for 

performing the AQIA. Statewide registration shall not be 

valid at any location where the AQIA demonstrates a 

potential violation of an ambient air quality standard. 

(E) for registered engines operating in the South Coast Air Quality 

Management District (SCAQMD), 100 pounds nitrogen oxides 

(NOx) per project per day [An owner may substitute SCAQMD 

permit or registration limits in effect on or before September 17, 

1997 (optional)]; 

(F) 100 pounds NOx per registered engine per day, except in 

SCAQMD where the limit is 100 pounds NOx per project per day. 

 

(7) In lieu of (6)(E) and (6)(F) above, operation of a registered new nonroad 

engine rated at 750 brake horsepower or greater for which a federal or 

California standard pursuant to 40 CFR Part 89 or Title 13 of the California 

Code of Regulations has not yet become effective, shall not exceed 12 

hours per day. 

(8) For registered engines that operate in both STW and onshore, the 10 tons 

per district per year per engine limit in (6)(C) above shall only apply 

onshore. 

(9) For certified compression-ignition engines, certified spark-ignition engines, 

or any spark-ignition engine meeting Table 1 requirements, the daily and 

annual emission limitations in section 6 above shall not apply. 

(10) Effective January 1, 2010, all registered spark-ignition engines rated at 50 

brake horsepower or greater shall be certified spark-ignition engines or 

shall meet Table 1 requirements. For those spark ignition engines that are 

not certified spark-ignition engines or do not meet Table 1 requirements, 

the registration shall expire on December 31, 2009 and the engine will not 

be allowed to operate under the authority of this regulation. 

 

(e) All registered engines shall be equipped with a functioning non-resettable hour 

meter, fuel meter or other operation tracking device approved by the Executive 

Officer. Engines registered prior to the effective date of this regulation, that are 

not equipped with a functional non-resettable hour meter, fuel meter or other 

operation tracking device shall install one and notify ARB in writing within 6 

months of the effective date of this regulation. 

17
(f) Registered TSE is exempt from district New Source Review and Title V 

programs, including any offset requirements. Further, emissions from registered 

TSE shall not be included in Title V or New Source Review applicability 

determinations. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

Table 1 Spark-ignition Engine Requirements* 

Pollutant Emission Limits 

NOx** VOC** CO**

80 ppmdv NOx 

(1.5 g/bhp-hr) 

240 ppmdv VOC 

(1.5 g/bhp-hr) 

176 ppmdv CO 

(2.0 g/bhp-hr)

* These requirements are in addition to requirements of section 2455 and 2456. 

** For the purpose of compliance with this article, ppmdv is parts per million @ 15 percent oxygen averaged 

over 15 consecutive minutes. Limits of ppmdv are the approximate equivalent to the stated grams per 

brake horsepower hour limit based on assuming the engine is 24.2 percent efficient. 

§ 2457. Requirements for Registered Equipment Units. 

 (a) Emissions from a registered equipment unit, exclusive of emissions emitted 

directly from the associated portable engine, shall not exceed: 

(1) 10 tons per year per district of PM10; and 

(2) 82 pounds per project per day of PM10. 

(3) For registered equipment units that operate within STW and onshore, 

emissions released while operating both in STW and onshore shall be 

included toward the 10 tons per year limit. 

(b) Registered equipment units shall also meet the following applicable 

requirements: 

(1) Confined abrasive blasting operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(B) the particulate matter emissions shall be controlled using a fabric or 

cartridge filter dust collector; 

18
(C) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the dust 

collection equipment; 

(D) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; and 

(E) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

(2) Concrete batch plants: 

(A) all dry material transfer points shall be ducted through a fabric or 

cartridge type filter dust collector, unless there are no visible 

emissions from the transfer point; 

(B) all cement storage silos shall be equipped with fabric or cartridge 

type vent filters; 

(C) the silo vent filters shall be maintained in proper operating 

condition; 

(D) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(E) open areas and all roads subject to vehicular traffic shall be paved, 

watered, or chemical palliatives applied to prevent fugitive 

emissions in excess of 20 percent opacity or Ringelmann 1; 

(F) silo service hatches shall be dust-tight; 

 (G) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the fabric dust 

collection equipment; 

(H) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; 

(I) all aggregate transfer points shall be equipped with a wet 

suppression system to control fugitive particulate emissions unless 

there are no visible emissions; 

(J) all conveyors shall be covered, unless the material being 

transferred results in no visible emissions; 

(K) wet suppression shall be used on all stockpiled material to control 

fugitive particulate emissions, unless the stockpiled material results 

in no visible emissions; and 

(L) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

19
 (3) Sand and gravel screening, rock crushing, and pavement crushing and 

recycling operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(B) there shall be no visible emissions beyond the property line on 

which the equipment is being operated; 

(C) all transfer points shall be ducted through a fabric or cartridge type 

filter dust collector, or shall be equipped with a wet suppression 

system maintaining a minimum moisture content unless there are 

no visible emissions; 

(D) particulate matter emissions from each crusher shall be ducted 

through a fabric dust collector, or shall be equipped with a wet 

suppression system which maintains a minimum moisture content 

to ensure there are no visible emissions; 

(E) all conveyors shall be covered, unless the material being 

transferred results in no visible emissions; 

(F) all stockpiled material shall be maintained at a minimum moisture 

content unless the stockpiled material results in no visible 

emissions; 

(G) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the fabric dust 

collection equipment; 

(H) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; 

(I) open areas and all roads subject to vehicular traffic shall be paved, 

watered, or chemical palliatives applied to prevent fugitive 

emissions in excess of 20 percent opacity or Ringelmann 1; and 

(J) if applicable, the operation shall comply with the requirements of 40 

CFR Part 60 Subpart OOO. 

(4) Unconfined abrasive blasting operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 2 or equivalent 

40 percent opacity; 

(B) only California Air Resources Board-certified abrasive blasting 

material shall be used [Note: see Title 17, California Code of 

Regulations, section 92530 for certified abrasives.]; 

(C) the abrasive material shall not be reused; 

(D) no air contaminant shall be released into the atmosphere which 

causes a public nuisance; 

20
(E) all applicable requirements of Title 17 of California Code of 

Regulations shall also apply; and 

(F) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

(5) Tub grinders and trommel screens: 

(A) there shall be no visible emissions beyond the property line on 

which the equipment is being operated; 

(B) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark or darker than Ringelmann 1 or equivalent 

20 percent opacity; and 

(C) water suppression or chemical palliatives shall be used to control 

fugitive particulate emissions from the tub grinder whenever the tub 

grinder is in operation, unless there are no visible emissions. 

(c) Registered equipment units not described in section 2457(b) above, shall be 

subject to the most stringent district Best Available Control Technology (BACT) 

requirements in effect for that category of source at the time of application for 

registration. 

(d) No change in equipment unit configuration, operating scenario, or number of 

transfer points from that set out in the registration for the equipment unit shall be 

made unless a complete application for modification has been filed and approved 

by the Executive Officer prior to operation. 

 

(e) Registration is not valid for any equipment unit operating at a location if by virtue 

of the activity to be performed hazardous air pollutants will be emitted (e.g., rock 

crushing plant operating in a serpentine quarry). [Note: The equipment unit 

would be subject to the requirements of the district in which the equipment unit is 

operated.] 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

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 owner of registered engines, including 

engines otherwise preempted under section 209 (e) of the federal Clean Air Act, 

or registered equipment units shall maintain records of operation of each 

registered engine and equipment unit. Recordkeeping for engines not previously 

required to maintain records shall begin upon the effective date of the regulation 

or January 1, 2007, which ever is later. For 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 meter or other device approved by the Executive Officer has been 

installed. The records shall be maintained at a central place of business for five 

years, and made accessible to the Executive Officer or districts upon request. 

Records shall be maintained in a format approved by the Executive Officer and 

include, at a minimum, all of the following: 

(1) engine or equipment unit registration number; 

(2) recordings from an hour meter, fuel meter, or other device approved by 

the Executive Officer, and the corresponding dates of the recordings for 

each registered engine or equipment unit based on the following: 

(A) for each project as defined in 2452 (ff) or (gg), readings shall be 

recorded prior to the commencement of operation and at the 

completion of the project; or 

(B) for ongoing operation of a registered engine or equipment unit at 

multiple locations within a stationary source, readings shall be 

recorded at the beginning and end of each calendar week; or 

(C) for each location, readings shall be recorded prior to 

commencement of operation and upon completion of operation at 

that location. 

(3) For registered engines and equipment units subject to a daily operational 

limitation, daily records of either hours of operation, fuel usage, or process 

throughput as applicable. 

(4) For equipment units subject to the requirements of section 2457(b)(3), 

daily throughput shall be the sum of measurements of material introduced 

into the equipment unit. These measurements shall be taken at the initial 

loading point(s) of the equipment unit. 

(5) recordings from an hour meter, fuel meter, or other device approved by 

the Executive Officer and the corresponding 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 specified in (2) and (3) above, the location 

identified by district, county, or other indicator (i.e., street address, UTM 

coordinates, etc.) 

22
(b) A rental business or the owner of a registered engine or equipment unit involved 

in a third party rental, shall maintain records for each rental or lease transaction. 

The written rental or lease agreement shall be kept onsite with the registered 

engine or equipment unit at all times. Recordkeeping for registered engines not 

previously required to maintain records shall begin upon the effective date of the 

regulation or January 1, 2007, which ever is later. For registered 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 meter or other device approved by the Executive Officer 

has been installed. The owner shall provide each person who rents a registered 

engine or equipment unit with a written copy of applicable requirements of this 

article, including recordkeeping and notification requirements, as a part of the 

agreement. The records, including written acknowledgment by each renter of the 

registered engine or equipment unit of having received the above information, 

shall be maintained by the rental business or the owner of the registered engine 

or equipment unit involved in a third-party rental at a central location for five 

years, and made accessible to the Executive Officer or districts upon request. 

Records shall be maintained in a format approved by the Executive Officer and 

include, at a minimum, for each rental 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 each rental period including the hour meter reading 

at the start of the rental transaction and the hour meter reading at the end 

of the rental transaction; and 

(4) location of use (by district, county or other indicator (i.e., street address, 

UTM coordinates, etc.)). 

 (c) For TSE, each military installation shall provide the Executive Officer an annual

report, in a format approved by the Executive Officer, within 60 days after the end 

of each calendar year. The report shall include the number, type, and rating of 

registered TSE at each installation as of December 31 of that calendar year, and 

be accompanied by the applicable fees pursuant to section 2461. Any variation 

of registered TSE to actual TSE shall be accounted for in this annual report, and 

the Executive Officer shall issue an updated TSE list accordingly. A renewal 

registration will be issued with the updated TSE list every three years according 

to expiration date. 

 (d) For each registered engine subject to the requirements of Title 17 California 

Code of Regulations section 93116, the owner shall keep records and submit 

reports in accordance with Title 17 California Code of Regulations section 

93116.4. 

23
(e) Except for registered engines or equipment units owned by a rental business, 

used in a third-party rental, operated by a PEPS or TSE, the owner of a 

registered engine or equipment unit shall provide the Executive Officer an annual 

report signed by the responsible official, in a format approved by the Executive 

Officer, by March 1 of each calendar year containing all of the following 

information: 

(1) the reporting year; 

(2) the registration number of each registered engine and/or equipment unit; 

(3) for registered engines, quarterly summaries for each district or county the 

total fuel usage in gallons per quarter, or total hours of operation per 

quarter, for each registered engine; and 

(4) for registered equipment units, quarterly summaries for each district or 

county in which the registered equipment unit was operated and the total 

process weight or throughput. 

(f) The owner of a registered engine or equipment unit owned by a rental business 

or used in a third-party rental transaction shall provide the Executive Officer an 

annual report signed by the responsible official, in a format approved by the 

Executive Officer, by March 1 of each calendar year containing all of the 

following information: 

 (1) the reporting year; 

 (2) the registration number of each registered engine and/or equipment unit; 

(3) total hours of operation for the reporting year for each registered engine 

based on, and including, beginning and ending annual hour meter 

readings and dates upon which the total hours of annual operation 

calculation is based; 

(4) list of all counties in which the registered engine operated in during the 

reporting year as reported by the entity(ies) that operated the registered 

engine; 

(5) estimate of the percentage of total hours for each engine operated in each 

of the counties identified in (4) above; and 

(6) for registered equipment units, quarterly and annual summaries for each 

district or county in which the registered equipment unit 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 registered engine and/or equipment unit; 

(3) total hours of operation; and 

(4) estimate of the percentage of hours or fuel usage for the three counties in 

which the registered engine or equipment unit operated the most. 

24
(h) Records requests made by a district or Executive Officer shall be made to the 

responsible official. The responsible official shall provide the requested records 

within 30 days from receipt of the request. Failure to provide the records by the 

specified date shall be deemed a violation of this article. 

(i) Each district shall provide the Executive Officer with an annual report, in a format 

approved by the Executive Officer, by March 31 following the year in which the 

information was collected containing all of the following information: 

(1) the number of portable engines and equipment units inspected; 

(2) the number of portable engines and/or equipment units found operating 

without valid district permits or statewide registrations; 

(3) the number of registered engines and equipment units inspected; and 

(4) summary of results of inspections. 

(j) Vendors selling new portable engines and/or equipment units in California shall: 

(1) notify the buyer about this regulation; and 

(2) on a monthly basis submit to the Executive Officer the number of portable 

engines and/or portable equipment units sold by the vendor for use in 

California including: the name, address, and contact information of the 

purchaser, and description of the engine and/or equipment unit including 

make, model, and engine family name. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2459. Notification. 

(a) Except as listed in subsection (d) of this section, if a registered equipment unit 

will be at a location for more than five days, the owner or operator of that 

registered equipment unit, shall notify the district in writing in a format approved 

by the Executive Officer, within two working days of commencing operations in 

that district. If the registered equipment unit is to be moved to different locations 

within the same district, the owner or operator shall be subject to the notification 

requirements above, unless the owner or operator and the district, by mutual 

agreement, arrange alternative notification requirements on a case-by-case 

basis. The notification shall include all of the following: 

(1) the registration number of the registered equipment unit; 

(2) the name and phone number of the responsible official or renter with 

information concerning the locations where the registered equipment unit 

will be operated within the district; and 

(3) estimated time the registered equipment unit will be located in the district. 

25
(b) If the district has not been notified as required in section 2459(a) above, because 

the owner or operator did not reasonably expect the duration of operation to 

trigger the notification requirement in section 2459(a) above, the owner or 

operator shall notify the district, in a format approved by the Executive Officer, 

within 12 hours of determining the registered equipment unit will be operating at 

a location more than five days. 

(c) Owners and operators of TSE are not subject to the notification requirements of 

this section 2459. 

(d) For STW projects, the owner or operator of a registered engine or registered 

equipment unit shall notify the corresponding onshore district in writing, in a 

format approved by the Executive Officer at least 14 days in advance of 

commencing operations in that district. The notification shall include all of the 

following: 

(1) the registration number of the registered engine or equipment unit; 

(2) the name and phone number of the responsible official with information 

concerning the locations where the registered engine or equipment unit 

will be operated within the district; 

(3) estimated time the registered engine(s) or equipment unit(s) will be 

located in the district; and 

(4) calculations showing the estimation of actual emissions expected for the 

project. 

 (e) Except as listed in section 2459(d) above, owners and operators of registered 

engines are not subject to notification requirements. 

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

notification methods for each district. 

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

section shall be deemed a violation of this regulation. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2460. Inspections and Testing. 

(a) In determining if a portable engine or equipment unit is eligible for registration, 

the Executive Officer may inspect the portable engine or equipment unit and/or 

require a source test, at the owner’s expense. 

(b) Each district shall inspect all registered engines and equipment units for which 

the district has been designated as the home district pursuant to section 2453(i) 

above, as specified below: 

26
(1) Within 45 days after the date of initial issuance or renewal of a 

registration, the owner or operator shall contact the home district to 

arrange for inspection of the registered engine or equipment unit to be 

completed within one year of the initial registration or renewal date. If the 

registered engine or equipment unit shall be operating in a district, other 

than the home district, the owner or operator may request the home 

district to arrange for an inspection by that other district. 

(2) For portable engines, each home district should conduct no more than 20 

percent of the arranged inspections for that district as in-field inspections. 

All arranged inspections not conducted as in-field inspections shall be 

conducted as non-field inspections. If a portable engine is found in 

violation during an in-field inspection, the next arranged inspection for that 

engine shall be an in-field inspection. This section does not limit the 

authority of a district to conduct any number of non-arranged in-field or 

non-field inspections for which no fee is charged. 

(3) For registered equipment units operating with registered engines, the 

owner or operator may not request that the registered engine be inspected 

at the hourly rate specified in Table 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 reasonable in-field inspection location 

is arranged with the appropriate district. 

(5) The time for an arranged inspection shall be agreed upon in advance with 

the district and company preferences regarding time of day shall be 

accommodated within reason. To the extent that an arranged inspection 

does not fall within the district’s normal workday, the district may charge 

for the off-hour time based on a fee as specified in Table 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 reschedule the arranged inspection no 

later than 90 days of the initially scheduled inspection. Any unreasonable 

actions on the part of the owner or operator that prevents the inspection to 

occur within the specified time frame shall be deemed a violation of this 

article. Actions taken by the owner or operator that could be deemed 

“unreasonable” include, but are not limited to: 

(A) failing to respond to the district correspondences or other contracts 

made to schedule the inspection; 

(B) failing to ensure that the registered engine or equipment unit is in 

operation for arranged “in-field inspections” or where the district has 

provided advance notification to the owner or operator that the 

registered engine or equipment unit is required to be observed in 

operation. 

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(7) The owner or operator may request the scheduling of one or more 

arranged inspections for multiple engines in order to qualify for an 

inspection fee discount as specified in section 2461 (d). Within 45 days of 

date of initial issuance of registration or by January 30 of each year for 

renewals, the owner or operator shall submit a letter of intent including an 

equipment list and registration numbers to the district to arrange for 

inspection of multiple engines. The inspections shall be completed within 

one year after the registration renewal date for each engine inspected. 

(8) If a registered engine or equipment unit is out of California for one year or 

more following initial registration or renewal, the engine or equipment unit 

shall be excused from having the arranged inspection within that period if: 

(A) within 45 days after the date of initial issuance or renewal of the 

registration, the owner or operator submitted a letter to the district 

noting the registration number of the registered engine or 

equipment unit and that the engine or unit is out of California for the 

one-year period; and 

(B) upon the return of the registered engine or equipment unit to the 

State, the owner or operator shall arrange to have the registered 

engine or equipment unit inspected within 30 days. 

(c) After issuance of registration, the Executive Officer or district may at any time 

conduct an inspection of any registered engine or equipment unit in order to verify 

compliance with the requirements of this article. The district shall not charge the 

owner or operator an additional inspection fee for that inspection. Source testing 

of engines for compliance purposes shall not be required more frequently than 

once every three years (including testing at the time of registration), except as 

provided in section 2460 (e), unless evidence of engine tampering, lack of proper 

engine maintenance, or other problems or operating conditions that could affect 

engine emissions are identified. In no event shall the Executive Officer or district 

require source testing of a registered engine for which there is no applicable 

emission standard, emission limit or other emission related requirement contained 

in this regulation. 

(d) Testing shall be conducted in accordance with the following methods or other 

methods approved by the Executive Officer: 

Particulate Matter: ARB Test Method 5 with probe catch and filter catch only 

 VOC: ARB Test Method 100 or U.S. EPA Test Method 25A 

NOx: ARB Test Method 100 or U.S. EPA Test Method 7E 

Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 10 

Oxygen: ARB Test Method 100 or U.S. EPA Test Method 3A 

Gas Velocity and Flow Rate: ARB Test Method 1 & 2 or U.S. EPA Test Method 1 & 2 

(e) Initial or follow-up source testing of engines to verify compliance with the 

requirements of this regulation shall not be required for certified 

 compression-ignition engines and spark-ignition engines. 

28
(f) The exemption provided in section 2460 (e) shall not apply to source testing of 

engines for compliance purposes where evidence of engine tampering, lack of 

proper engine maintenance, or other problems or operating conditions that could 

affect engine emissions are identified. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2461. Fees. 

(a) Except as otherwise set out herein, the Executive Officer shall assess and collect 

reasonable fees for registration, renewal, and associated administrative tasks, to 

recover the estimated costs to the Executive Officer for evaluating registration 

applications, and issuing registration documentation. 

(b) Fees shall be due and payable to the Executive Officer at the time an application 

is filed or as part of any request requiring a fee. Fees are nonrefundable except 

in circumstances as determined by the Executive Officer. 

(c) Except as provided in (k) below, the owner 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 inspection 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 multiple engines inspections with the district 

and complies with the requirements specified in section 2460(b)(7). The 

discounts shall be applied as follows: 

(1) no discount for 1 to 3 engines 

(2) 25 percent discount for 4 to 9 engines 

(3) 35 percent discount for 10 or more engines 

(e) Failure to pay renewal fees when due may result in penalties. If a fee payment is 

not received or postmarked by the specified due date, fee penalties may be 

assessed per unit in accordance with Table 3. Failure to pay renewal fees prior 

to expiration may result in cancellation of the registration. If a registration has 

expired for an engine or equipment unit that is eligible for reactivation, a canceled 

registration may be reactivated after payment of all renewal and penalty fees. 

Registration may be reissued under the original registration number and 

expiration date. A portable engine or equipment unit without valid registration is 

subject to the rules and regulations of the district in which it operates. 

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 district shall bill the owner of the equipment 

unit at a rate as specified in Table 3 of the regulation for actual staff time taken to 

perform the inspection, not to exceed the 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 the district Air Pollution Control Officer 

pursuant to the provisions of the district’s rules and regulations that govern 

appeals of fee determinations. 

(h) The Executive Officer shall annually distribute district inspection fees collected 

for that year. General inspection fees will be distributed equally among the 

districts. Home district inspection fees will be distributed to the corresponding 

home district. 

(i) TSE fees are due at the time of the report pursuant to section 2458(c). Failure to 

submit the annual report and applicable fees within six calendar months after the 

end of the year will result in cancellation of the registration. For TSE, if 

registration is cancelled or allowed to expire, the applicant shall reapply and pay 

initial registration fees. 

(j) The district may collect an inspection fee as listed in Table 3 one time per 

calendar year for each registered TSE inspected. When multiple registered TSE 

units are inspected at a given source or location, the inspection fee shall be 

equal to the lesser of the actual cost, including staff time, for conducting the 

inspection or the fee as listed in Table 3 per registered portable engine or 

equipment unit inspected. If the district performs an inspection leading to 

determination of non-compliance with this article, or any applicable state or 

federal requirements, the district may charge a fee as listed in Table 3 per 

portable engine or equipment unit for each inspection necessary for the 

determination and ultimate resolution of the violation. In no event shall the total 

fees exceed the actual costs, including staff time, to the district of conducting the 

investigations and resolving any violations. 

(k) Portable engines qualifying for initial registration as resident engines per section 

2452(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 dollars per engine shall be retained by 

the Air Resources Board to provide for administrative costs. The fees shall be 

determined as follows: 

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(1) For tier 1 engines, as defined in section 2452(uu), registration fees will be 

based on the year listed in Table 2, as determined below: 

(A) Where date of purchase can be verified by the Executive Officer, the 

earlier of: 

(1) for engines ≥50 bhp and <100 bhp: year of purchase or 2004; 

(2) for engines ≥100 bhp and <300 bhp: year of purchase or 2003; 

(3) for engines≥300 bhp and <600 bhp: year of purchase or 2001; 

(4) for engines ≥600 bhp and ≤750 bhp: year of purchase or 2002; 

(5) for engines >750 bhp: year of purchase or 2006. 

(B) Where the date of purchase can not be verified, the model year shall 

be used.

(2) For tier 2 engines, as defined in section 2452(vv), registration 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 year 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) 

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Table 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 portable engine or equipment unit $75.00 

9 Change of ownership $75.00 

10 Replacement of registration identification device or placard $30.00 

11 Correction to an engine or equipment unit description $45.00 

12 Update company information, copy of registration documents $45.00 

13 Copy of registration documents $45.00 

14 Total district inspection fee per registered portable engine, paid once every 3 years $345.00 

A General district inspection fee $30.00 

B Home district inspection fee $315.00 

15 District off-hour service fee per hour $50.00 

16 District inspection fees for equipment units: 

 A General district inspection fee, paid once every 3 years $75.00 

 B District inspection fee per equipment unit, per hour $98.00 

(not to 

exceed 

$500.00) 

17 TSE inspection fees: 

 A General district inspection fee per TSE unit, paid annually $10.00 

 B District inspection fee per TSE unit per inspection $75.00 

18 Placard $5.00 

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NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, 

and 41755, Health and Safety Code.

§ 2462. Duration of registration. 

(a) Except 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 registration has expired. 

(b) The Executive Officer shall mail to the owner of a registered engine or equipment 

unit a renewal invoice at least 60 days prior to the registration expiration. Failure to 

send or receive a renewal invoice does not relieve the responsible official from 

paying all applicable fees when due. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 

41755, Health and Safety Code. 

§ 2463. Suspension or Revocation of Registration. 

(a) The Executive Officer for just cause may suspend or revoke registration in any of the 

following circumstances: 

(1) the holder of registration has violated one or more terms and conditions of 

registration or has refused to comply with any of the requirements of this 

article; 

(2) the holder of registration has materially misrepresented the meaning, findings, 

effect or any other material aspect of the registration application, including 

submitting false or incomplete information in its application for registration 

regardless of the holder’s personal knowledge of the falsity or incompleteness 

of the information; 

(3) the test data submitted by the holder of registration to show compliance with 

this regulation have been found to be inaccurate or invalid; 

(4) enforcement officers of the ARB or the districts, after presentation of proper 

credentials, have been denied access, during normal business hours or hours 

of operation, to any facility or location where registered engines and 

equipment units are operated or stored and are prevented from inspecting 

such engines or equipment units as provided for in this article (the duty to 

provide access applies whether or not the holder of registration owns or 

controls the facility or location in question); 

(5) enforcement officers of the ARB or the districts, after presentation of proper 

credentials, have been denied access to any records required by this 

regulation for the purpose of inspection and duplication; 

33
(6) the registered engine or equipment unit has failed in-use to 

comply with the findings set forth in the registration. For the purposes of this 

section, noncompliance with the registration may include, but is not limited to: 

(A) a repeated failure to perform to the standards set forth in this article; or 

(B) modification of the engine or equipment unit that results in an increase 

in emissions or changes the efficiency or operating conditions of such 

engine or equipment unit, without prior notice to and approval by the 

Executive Officer; or 

(7) the holder of registration has failed to take requested corrective action as set 

forth in a Notice of Violation or Notice to Comply within the time period set 

forth in such notice or as otherwise specified in writing by the issuing district. 

(8) the holder of the registration has failed to pay fees assessed by either the 

Executive Officer or district within 120 after the specified due date and there is 

no pending appeal. 

(b) A holder of registration may be subject to a suspension or revocation action pursuant 

to this section based upon the actions of an agent, employee, licensee, or other 

authorized representative. 

(c) The Executive Officer shall notify each holder of registration by certified mail of any 

action taken by the Executive Officer to suspend or revoke any registration granted 

under this article. The notice shall set forth the reasons for and evidence supporting 

the action(s) taken. A suspension or revocation is effective upon receipt of the 

notification. 

(d) A holder of registration having received a notice to revoke or suspend registration 

may request that the action be stayed pending a hearing under section 2464. In 

determining whether to grant the stay, the Executive Officer shall consider the 

reasonable likelihood that the registration holder will prevail on the merits of the 

appeal and the harm the holder of registration will likely suffer if the stay is not 

granted. The Executive Officer shall deny the stay if the adverse effects of the stay 

on the public health, safety, and welfare outweigh the harm to the holder of 

registration if the stay is not granted. 

(e) Once a registration has been suspended pursuant to (a) above, the holder of 

registration shall satisfy and correct all noted reasons for the suspension and submit 

a written report to the Executive Officer advising him or her of all such steps taken by 

the holder before the Executive Officer will consider reinstating the registration. 

(f) After the Executive Officer suspends or revokes a registration pursuant to this 

section and prior to commencement of a hearing under section 2464, if the holder of 

registration demonstrates to the Executive Officer’s satisfaction that the decision to 

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, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, 

and 41755, Health and Safety Code. 

§ 2464. Appeals. 

 (a) Hearing Procedures. 

(1) Any applicant for registration whose application has been denied or a holder 

of registration whose registration has been, suspended, or revoked may 

request a hearing to review the action taken by sending a request in writing to 

the Executive Officer. A request for hearing shall include, at a minimum, the 

following: 

(A) name of applicant or holder of registration; 

(B) registration number; 

(C) copy of the Executive Order revoking or suspending registration or the 

written notification of denial; 

(D) a concise statement of the issues to be raised, with supporting facts, 

setting forth the basis for challenging the denial, suspension, or 

revocation (mere conclusory allegations will not suffice); 

(E) a brief summary of evidence in support of the statement of facts 

required in (D) above; and 

(F) the signature of an authorized person requesting the hearing. 

(2) A request for a hearing shall be filed within 20 days from the date of issuance 

of the notice of the denial, suspension, or revocation. 

(3) A hearing requested pursuant to this section shall be heard by a qualified and 

impartial hearing officer appointed by the Executive Officer. The hearing 

officer may be an employee of the ARB, but may not be any employee who 

was involved with the registration at issue. In a request for a hearing of a 

denial of registration, after reviewing the request for a hearing and supporting 

documentation provided under subsection (1) above, the hearing officer shall 

grant the request for a hearing if he or she finds that the request raises a 

genuine and substantial question of law or fact. 

(4) Except as provided in (3) above, the hearing officer shall schedule and hold, 

as soon as practicable, a hearing at a time and place determined by the 

hearing officer. 

(5) Upon appointment, the hearing officer shall establish a hearing file. The file 

shall consist of the following: 

35
(A) the determination issued by the Executive Officer which is the subject 

of the request for hearing; 

(B) the request for hearing and the supporting documents that are 

submitted with it; 

(C) all documents relating to and relied upon in making the determination 

to deny registration or to suspend or revoke registration; and 

(D) correspondence and other documents material to the hearing. 

(6) The hearing file shall be available for inspection by the applicant at the office 

of the hearing officer. 

(7) An applicant may appear in person or may be represented by counsel or by 

any other duly-authorized representative. 

(8) The ARB may be represented by staff or counsel familiar with the registration 

program and may present rebuttal evidence. 

(9) Technical rules of evidence shall not apply to the hearing, except that relevant 

evidence may be admitted and given probative effect only if it is the kind of 

evidence upon which reasonable persons are accustomed to relying in the 

conduct of serious affairs. No action shall be overturned based solely on 

hearsay evidence, unless the hearsay evidence would be admissible in a 

court of law under a legally recognized exception to the hearsay rule. 

(10) The hearing shall be recorded either electronically or by a certified shorthand 

reporter. 

(11) The hearing officer shall consider the totality of the circumstances of the 

denial, suspension, or revocation, including but not limited to, credibility of 

witnesses, authenticity and reliability of documents, 

 and qualifications of experts. The hearing officer may also consider relevant 

past conduct of the applicant including any prior incidents involving other ARB 

programs. 

(12) The hearing officer’s written decision shall set forth findings of fact and 

conclusions of law as necessary. 

(13) Within 30 days of the conclusion of a hearing, the hearing officer shall submit 

a written proposed decision, including proposed finding as well as a copy of 

any material submitted by the hearing participants as part of that hearing and 

relied on by the hearing officer, to the Executive Officer. The hearing officer 

may recommend to the Executive Officer any of the following: 

(A) uphold the denial, suspension, or revocation action as issued; 

(B) reduce a revocation to a suspension; 

(C) increase a suspension to a revocation if the registration holder's 

conduct so warrants; or 

(D) overturn a denial, suspension, or revocation in its entirety. 

(14) The Executive Officer shall render a final written decision within 60 working 

days of the last day of hearing. The Executive Officer may do any of the 

following: 

36
(A) adopt the hearing officer’s proposed decision; 

(B) modify the hearing officer’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 documents within 20 days of making the 

request. Subsequent to such a submission the following shall transpire: 

(A) ARB staff shall submit a written response to the requestor’s submission 

and documents in support of the Executive Officer's action no later than 

10 days after receipt of requestor’s submission; 

(B) The registration holder may submit one rebuttal statement which may 

include supporting information, as attachment(s), but limited to the 

issues previously raised; 

(C) If the registration holder submits a rebuttal, ARB staff may submit one 

rebuttal statement which may include supporting information, as 

attachment(s), but limited to the issues previously raised; and 

(D) the hearing officer shall be designated in the same manner as set forth 

in (a)(3) above. The hearing officer shall receive all statements and 

documents and submit a proposed written decision and such other 

documents as described in (a) 13 above to the Executive Officer no 

later than 30 working days after the final deadline for submission of 

papers. The Executive Officer’s final decision shall be mailed to the 

holder of registration no later than 60 days after the final deadline for 

submission of papers. 

(E) The Executive Officer shall render a final written decision within 60 

working days of the last day of hearing. The Executive Officer may do 

any of the following: 

(1) adopt the hearing officer’s proposed decision; 

(2) modify the hearing officer’s proposed decision; or 

(3) render a decision without regard to the hearing officer’s 

proposed decision. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 

41755, Health and Safety Code. 

37
§ 2465. Penalties. 

Violation of the provisions of this article may result in civil, and/or criminal penalties 

pursuant to the California Health and Safety Code. Each day during any portion of which a 

violation occurs is a separate violation. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 

41755, Health and Safety Code. 

38