State of California 

 AIR RESOURCES BOARD 

Executive Order R-10-022 

Relating to the Regulations Applicable to Portable Diesel Engines and Diesel Engines 

Used in Off-Road and On-Road Vehicles 

WHEREAS, on January 28, 2010, the Air Resources Board (ARB or Board) conducted 

a hearing to consider the adoption of proposed amendments to the Statewide Portable 

Equipment Registration Program (Statewide PERP) Regulation, the Airborne Toxic 

Control Measure for diesel-fueled portable engines (Portable Engine ATCM), and 

Diesel Engines Used in Off-Road and On-Road Diesel-Fueled Vehicles, as set forth in 

the Initial Statement of Reasons released to the public on December 10, 2009;

WHEREAS, following the public hearing, the Board adopted Resolution 10-2, in which 

the Board approved sections 2451, 2452, 2453, 2456, 2458, 2460, 2461 and 2462, the 

Statewide PERP, title 13, Cal. Code Regs., as set forth in Attachment A thereto, and 

the amendments to sections 93116.1, 93116.2 and 93116.3, the Portable Engine 

ATCM, title 17, Cal. Code Regs., as set forth in Attachment B thereto, and section 

2449, the regulation for In-Use Off-Road Diesel-Fueled Vehicles, title 13, Cal. Code 

Regs., as set forth in Attachment C thereto, and amendments to section 2025, the 

regulation for In-Use On-Road Diesel-Fueled Vehicles, title 13, Cal. Code Regs., as set 

forth in Attachment D thereto; 

WHEREAS, Resolution 10-2, directed the Executive to determine if additional 

conforming modifications to the regulations were appropriate; if no additional 

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

regulations, as set forth in Attachments A, B, C, and D thereto; if the Executive Officer 

determined that additional conforming modifications were appropriate, the Executive 

Officer shall adopt the modified regulations after making the modified regulatory 

language and any additional supporting documents and information available to the 

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

written comments as that were submitted during this period, shall make such further 

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

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

warranted; 

WHEREAS, on March 15, 2010, the modified regulations, reflecting the amendments 

approved by the Board and other changes made to best reflect the intent of the Board 

at the hearing, were made available for public comment for a period of 15-days, with 

the changes to the originally proposed text clearly indicated, in accordance with the 

provisions of title 1, Cal. Code Regs., section 44; and 
Executive Order R-10-022 -2- 

WHEREAS, written comments were received during the 15-day comment period and 

those comments have been considered by the Executive Officer. 

WHEREAS, the Executive Officer has deemed it is necessary to bifurcate the 

rulemaking file in order to get the regulation operative as soon as possible for the 

stakeholders that need the operating extension for certain engines that were supposed 

to be put out of service by January 1, 2010 and are not able to legally operate their 

engines until the extension is in effect; 

WHEREAS, on August 27, 2010, the Executive Officer adopted the first part of the 

bifurcated Statewide PERP, Portable Engine ATCM, Diesel Engines Used in Off-Road 

and On-Road Diesel-Fueled Vehicles regulation, consisting of sections 2025, 2449, 

2449.3, 2452, 2453, 2456, 2458, 2460, 2461 and 2462, title 13, Cal. Code Regs., and 

sections 93116.1, 93116.2, and 93116.3, title 17, Cal. Code Regs., which were 

appended to Executive Order R-10-016, and reflected modifications made during the 

initial comment period and the first 15-day comment periods; 

WHEREAS, on October 19, 2010, the first part of the bifurcated regulation 

consisting of sections 2025, 2449, 2449.3, 2452, 2453, 2456, 2458, 2460, 2461 and 

2462, title 13, Cal. Code Regs., and sections 93116.1, 93116.2, and 93116.3, title 17, 

Cal. Code Regs., was approved by the Office of Administrative Law, filed with the 

Secretary of State and entered into effect on the same day; 

WHEREAS, in order to complete the amendments to the Statewide PERP, Portable 

Engine ATCM, Diesel Engines Used in Off-Road and On-Road Diesel-Fueled Vehicles 

regulation, on November 10, 2010, a second 15-day notice and modified regulations 

were made available for public comment for a period of 15 days, with the changes to 

the originally proposed text clearly indicated, in accordance with the provisions of title 1, 

California Code of Regulations, section 44 and Government Code section 11340.85; 

WHEREAS, written comments were received during the Second 15-day comment 

period and those comments have been considered by the Executive Officer. 

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in 

Resolution 10-2 are incorporated herein. 
Executive Order R-10-022 -3- 

IT IS FURTHER ORDERED, that the amendments to sections 2451, 2452, 2453, 2456, 

2457, 2458, and 2459, title 13, Cal. Code Regs., and sections 93116.1, 93116.2, and 

93116.3, title 17, Cal. Code Regs., are adopted as set forth in Attachment 1 hereto. 

Executed this 8th day of December 2010, at Sacramento, California. 

 /s/ 

 

 James N. Goldstene 

Executive Officer 

Attachment