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FINAL REGULATION ORDER

AIRBORNE TOXIC CONTROL MEASURE

FOR DIESEL PARTICULATE MATTER FROM

PORTABLE ENGINES RATED AT 50 HORSEPOWER AND GREATER

Adopt new Sections 93116, 93116.1, 93116.2, 93116.3, 93116.4, and 93116.5, Title

17, California Code of Regulations, to read as follows:

Airborne Toxic Control Measure For Diesel Particulate Matter From Portable

Engines Rated At 50 Horsepower and Greater

93116 PURPOSE

The purpose of this airborne toxic control measure (ATCM) is to reduce diesel

particulate matter (PM) emissions from portable diesel-fueled engines having a rated

brake horsepower of 50 and greater (> 50 bhp).

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

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

Health and Safety Code.

93116.1 APPLICABILITY

(a) Except as provided below, all portable engines having a maximum rated

horsepower of 50 bhp and greater and fueled with diesel are subject to

this regulation.

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

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

any kind;

(2) Any portable engine using an alternative fuel;

(3) Dual-fuel diesel pilot engines that use an alternative fuel or an

alternative diesel fuel;

(4) Tactical support equipment;

(5) Portable diesel-fueled engines operated on either San Clemente or

San Nicolas Island;
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(6) Engines preempted from State regulation under 42 USC §7543(e)(1);

and

(7) Portable diesel-fueled engines operated at airports that satisfies the

following requirements:

(A) the equipment is subject to the South Coast Ground Service

Equipment Memorandum of Understanding (MOU); and

(B) the participating airlines have demonstrated to the satisfaction of

the Executive Officer that the diesel PM reductions achieved by

satisfying the requirements of the MOU are equivalent to the

reductions achieved by this control measure.

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

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

Health and Safety Code.

93116.2 DEFINITIONS

(a) Air Pollution Control Officer or APCO means the air pollution control

officer of a district, or his/her designee.

(b) Alternative Fuel means gasoline, natural gas, propane, liquid petroleum

gas (LPG), hydrogen, ethanol, or methanol.

(c) Alternative Diesel Fuel means any fuel used in a compression ignition

(CI) engine that is not, commonly or commercially known, sold or

represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to

the specifications in ASTM Standard Specification for Diesel Fuel Oils

D975-81, or an alternative fuel, and does not require engine or fuel system

modifications for the engine to operate, although minor modifications (e.g.,

recalibration of the engine fuel control) may enhance performance. An

emission control strategy using a fuel additive will be treated as an

alternative diesel fuel based strategy unless:

(1) the additive is supplied to the engine fuel by an on-board dosing

mechanism, or

(2) the additive is directly mixed into the base fuel inside the fuel tank of

the engine, or
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(3) the additive and base fuel are not mixed until engine fueling

commences, and no more additive plus base fuel combination is

mixed than required for a single fueling of a single engine.

(d) CARB Diesel Fuel means any diesel fuel that is commonly or

commercially known, sold, or represented by the supplier as diesel fuel

No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils

D975-81, and that meets the specifications defined in Title 13 CCR,

sections 2281, 2282, and 2284.

(e) Certified Nonroad Engine refers to an engine meeting an applicable

nonroad engine emission standard as set forth in Title 13 of the California

Code of Regulations or CFR 40 Part 89.

(f) Diesel Fuel means any fuel that is commonly or commercially known,

sold, or represented by the supplier as diesel fuel, including any mixture of

primarily liquid hydrocarbons—organic compounds consisting exclusively

of the elements carbon and hydrogen—that is sold or represented as

suitable for use in an engine.

(g) Diesel-Fueled means fueled by diesel fuel, or CARB diesel fuel, in whole

or part.

(h) Diesel Particulate Matter (PM) means the particles found in the exhaust

of diesel-fueled engines which may agglomerate and adsorb other species

to form structures of complex physical and chemical properties.

(i) District means a District as defined in Health and Safety Code section

39025.

(j) Dual-fuel Diesel Pilot Engine means a dual-fueled engine that uses

diesel fuel as a pilot ignition source at an annual average ratio of less than

5 parts diesel fuel to 100 parts total fuel on an energy equivalent basis.

(k) Emergency means providing electrical power or mechanical work during

any of the following events and subject to the following conditions:

(1) the failure or loss of all or part of normal electrical power service or

normal natural gas supply to the facility:

(A) which is caused by any reason other than the enforcement of a

contractual obligation the owner or operator has with a third

party or any other party; and
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(B) which is demonstrated by the owner or operator to the district

APCO’s satisfaction to have been beyond the reasonable

control of the owner or operator;

(2) the failure of a facility’s internal power distribution system:

(A) which is caused by any reason other than the enforcement of a

contractual obligation the owner or operator has with a third

party or any other party; and

(B) which is demonstrated by the owner or operator to the district

APCO’s satisfaction to have been beyond the reasonable

control of the owner or operator;

(3) the pumping of water or sewage to prevent or mitigate a flood or

sewage overflow;

(4) the pumping of water for fire suppression or protection;

(5) the pumping of water to maintain pressure in the water distribution

system for the following reasons:

(A) pipe break; or

(B) high demand on water supply system due to high use of water

for fire suppression;

(6) the breakdown of electric-powered pumping equipment at sewage

treatment facilities or water delivery facilities;

(7) the training of personnel in the use of portable equipment for

emergency purposes.

(l) Emergency Event refers to a situation arising from a sudden and

reasonably unforeseen natural disaster such as an earthquake, flood, fire,

or other acts of God, or other unforeseen event that requires the use of

portable engines to help alleviate the threat to public health and safety.

(m) Engine means any piston-driven internal combustion engine.

(n) Engines Used Exclusively in Emergency Applications refer to engines

that are used only during an emergency or emergency event, and includes

appropriate maintenance and testing.

(o) Executive Officer means the Executive Officer of the California Air

Resources Board (CARB) or his/her designee.
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(p) Fleet refers to a portable engine or group of portable engines that are

owned and managed by an individual operational entity, such as a

business, business unit within a corporation, or individual city or state

department under the control of a Responsible Official. Engines that are

owned by different business entities that are under the common control of

only one Responsible Official shall be treated as a single fleet.

(q) Fuel Additive means any substance designed to be added to fuel or fuel

systems or other engine-related systems such that it is present in-cylinder

during combustion and has any of the following effects: decreased

emissions, improved fuel economy, increased performance of the engine;

or assists diesel emission control strategies in decreasing emissions, or

improving fuel economy or increasing performance of the engine. Fuel

additives used in conjunction with diesel fuel may be treated as an

alternative diesel fuel.

(r) In-Use Engines refers to portable diesel-fueled engines operating under

valid permits or registrations as of December 31, 2005.

(s) Level-3 Verified Technology means a technology that has satisfied the

requirements of the “Verification Procedure for In-Use Strategies to

Control Emissions from Diesel Engines” in Title 13, California Code of

Regulations, commencing with section 2700, and has demonstrated an

reduction in diesel particulate matter of 85% or greater.

(t) Location means any single site at a building, structure, facility, or

installation.

(u) Low-Use Engines refers to portable diesel-fueled engines that operate 80

hours or less in a calendar year.

(v) Maximum Rated Horsepower (brake horsepower (bhp)) is the

maximum brake horsepower rating specified by the portable engine

manufacturer and listed on the nameplate of the portable engine.

(w) 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
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(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

(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(s) that replace(s) 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.

(x) Off-Road Engine means the same as nonroad engine.

(y) Outer Continental Shelf (OCS) shall have the meaning provided by

section 2 of the Outer Continental Shelf Lands Act (43 USC Section 1331

et seq.).

(z) Participating Airlines means the collective group of Individual

Participating Airlines under the MOU, which currently is as follows : ABX

Air, Inc. (formerly Airborne Express), Alaska Airlines, America West

Airlines, American Airlines, ATA Airlines (formerly American Trans Air),

Continental Airlines, Delta Air Lines, Astar Air Cargo (formerly DHL

Airways), Federal Express, Hawaiian Airlines, Jet Blue Airways Corp.,
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Midwest Airlines (formerly Midwest Express Airlines), Northwest Airlines,

Southwest Airlines, United Airlines, United Parcel Service, and US

Airways. Participating Airlines does not mean the Air Transportation

Association of America, Inc.

(aa) Permit refers to a certificate issued by the Air Pollution Control Officer

acknowledging expected compliance with the applicable requirements of

the district’s rules and regulations.

(bb) 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 is not portable if:

(1) the engine 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 is

maintained at a storage facility shall be excluded from the residency

time determination. Any engine, such as a back-up or stand-by

engine, that replace engine(s) at a location, and is intended to

perform the same or similar function as the engine(s) being replaced,

will be included in calculating the consecutive time period. In that

case, the cumulative time of all engine(s), including the time between

the removal of the original engine(s) and installation of the

replacement engine(s), will be counted toward the consecutive time

period; or

(2) the engine remains or will reside at a location for less than 12

consecutive months if the engine 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 is moved from one location to another in an attempt to

circumvent the portable residence time requirements.

(cc) Project means the use of one or more registered or permitted portable

engines or equipment units operated under the same or common

ownership or control to perform a single activity.

(dd) Registration refers to either:

(1) a certificate issued by the Executive Officer acknowledging expected

compliance with the applicable requirements of the Statewide

Portable Equipment Registration Program; or
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(2) a certificate issued by the Air Pollution Control Officer acknowledging

expected compliance with the applicable requirements of the district's

Portable Equipment Registration Program.

(ee) Responsible Official refers to an individual employed by the company or

public agency with the authority to certify that the portable engines under

his/her jurisdiction complies with applicable requirements of this

regulation. A company or public agency may have more than one

Responsible Official. A contracted designee cannot certify compliance in

lieu of the Responsible Official.

(ff) Selective Catalytic Reduction (SCR) System refers to an air pollution

emissions control system that reduces oxides of nitrogen (NOx) emissions

through the catalytic reduction of NOx by injecting nitrogen-containing

compounds into the exhaust stream, such as ammonia or urea.

(gg) Stationary Source means any building, structure, facility or installation

that 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; and

(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.]

(hh) Storage means a warehouse, enclosed yard, or other area established for

the primary purpose of maintaining portable engines when not in

operation.

(ii) Tactical Support Equipment (TSE) means equipment using a portable

engine, including turbines, that meets military specifications, owned by the

U.S. Department of Defense and/or 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, engines associated with portable generators, aircraft

start carts, heaters and lighting carts.
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(jj) Tier 4 Emission Standards refers to the final emission standards

adopted by the U.S. EPA for newly manufactured nonroad engines.

(kk) Transportable means the same as portable.

(ll) Verified Emission Control Strategy refers to an emission control

strategy, designed primarily for the reduction of diesel PM emissions

which has been verified pursuant to the “Verification Procedure for In-Use

Strategies to Control Emissions from Diesel Engines” in Title 13, California

Code of Regulations, commencing with section 2700, and incorporated by

reference.

(mm) U.S. EPA refers to the United States Environmental Protection Agency.

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

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

Health and Safety Code.

93116.3 REQUIREMENTS

(a) Diesel-fueled portable engines shall only use one of the following fuels:

(1) CARB diesel fuel; or

(2) alternative diesel fuel that has been verified through the Verification

Procedure for In-Use Strategies to Control Emissions from Diesel

Engines; or

(3) CARB diesel fuel utilizing fuel additives that have been verified

through the Verification Procedure for In-Use Strategies to Control

Emissions from Diesel Engines.

[Note that credit for diesel PM reductions for diesel fuel or CARB

diesel fuel blends that use an alternative diesel fuel such as

biodiesel, Fischer-Tropsch fuels, or emulsions of water in diesel fuel

is available only for fuel blends that been verified through the

Verification Procedure for In-Use Strategies to Control Emissions

from Diesel Engines. The credit granted is based upon the verified

level approved by the Executive Officer within the Executive Order for

the fuel blend.]
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(b) Diesel PM Standards

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

(A) Except as provided in sections 93116.3(b)(1)(B) and

93116.3 (b)(4), starting January 1, 2010, all portable dieselfueled engines shall be certified to meet a federal or California

standard for newly manufactured nonroad engines pursuant to

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

(that is, certified to Tier 1, 2 or 3 nonroad engine standards).1

(B) In lieu of complying with (b)(1)(A), owners of portable dieselfueled engines used exclusively in emergency applications or

portable diesel-fueled engines that qualify as low-use engines

may commit to replacing these engines with Tier 4 engines,

subject to the requirements below:

1. the Responsible Official shall submit written notification

identifying the specific portable diesel-fueled engines to be

replaced with portable diesel-fueled engines certified to the

Tier 4 emission standards; and

2. for each class and category of nonroad engine, replace

each portable diesel-fueled engine so identified within two

years of the first engine being offered for sale that satisfies

the Tier 4 emission standards.

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

registered prior to January 1, 2006, are subject to the following

requirements:

(A) except as allowed under flexibility provisions for equipment and

vehicle manufacturers and post-manufacture marinizers

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

Regulations, the portable diesel-fueled engine shall meet the

most stringent of the federal or California emission standard for

nonroad engines; and

 

1

 Tier 1, 2, 3, and 4 refer to nonroad engine emission standards promulgated by ARB and U.S. EPA

for newly manufactured engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of

Regulation. Each successive Tier represents more stringent emission standards and the

requirements are phased-in over time with the Tier 1 engine standards becoming effective for some

engines manufactured in 1996 and becoming effective for all engines by 2000. Tier 2 engine

standards are phased in for engines manufactured beginning in 2001 and becomes effective for all

engines by 2006. Similarly, Tier 3 engines are phased in for engines manufactured beginning in

2006, and Tier 4 engines are phased in for engines manufactured beginning in 2011.
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(B) a diesel-fueled portable engine used exclusively in emergency

applications or qualifying as a low-use engine designation is

subject to the requirements of section 93116.3(b)(3).

(3) Except as provided in section 93116.3(b)(1)(B), portable dieselfueled engines used exclusively in emergency applications or

qualifying as low-use engines shall satisfy one of the following

requirements by January 1, 2020:

(A) the portable diesel-fueled engine is certified to Tier 4 emission

standards for newly manufactured nonroad engines; or

(B) the portable diesel-fueled engine is equipped with a properly

functioning level-3 verified technology; or

(C) the portable diesel-fueled engine is equipped with a combination

of verified emission control strategies that have been verified

together to achieve at least 85% reduction in diesel PM

emissions.

(4) Lattice boom cranes

(A) A portable diesel-fueled engine used in a lattice boom crane

shall be exempt from the requirements of section

93116.3(b)(1)(A) if the Responsible Official has demonstrated to

the satisfaction of the Executive Officer or the APCO that the

portable diesel-fueled engine in the lattice boom crane cannot

be replaced with a portable diesel-fueled engine that is certified

to meet a federal or California standard for newly manufactured

nonroad engines pursuant to 40 CFR Part 89 or Title 13 of the

California Code of Regulations (that is, certified to Tier 1, 2 or 3

nonroad engine standards).

(B) Portable diesel-fueled engines exempt from the requirements of

section 93116.3(b)(1)(A) pursuant to section 93116.3(b)(4)(A)

shall satisfy one of the following requirements by January 1,

2020:

1. the portable diesel-fueled engine is certified to Tier 4

emission standards for newly manufactured nonroad

engines; or

2. the portable diesel-fueled engine is equipped with a

properly functioning level-3 verified technology; or
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3. the portable diesel-fueled engine is equipped with a

combination of verified emission control strategies that

have been verified together to achieve at least 85%

reduction in diesel PM emissions.

(c) Fleet Requirements

(1) Each fleet is subject to and shall comply with the following weighted

PM emission fleet averages expressed as grams per brake

horsepower-hour (g/bhp-hr) by the listed compliance dates:

Fleet Standard

Compliance

Date

Engines <175 hp

(g/bhp-hr)

Engines >175 to

749 hp

(g/bhp-hr)

Engines >750 hp

(g/bhp-hr)

1/1/13 0.3 0.15 0.25

1/1/17 0.18 0.08 0.08

1/1/20 0.04 0.02 0.02

(2) For the purposes of this regulation, the portable diesel-fueled engines

affected by the fleet provisions of this regulation include all portable

diesel-fueled engines operated in California, including portable

diesel-fueled engines registered with the Statewide Portable

Equipment Registration Program or permitted by or registered with a

local district.

(3) The following portable diesel-fueled engines shall be excluded from

the fleet requirements:

(A) portable diesel-fueled engines operated exclusively outside of

California or operated only within the OCS.

(B) portable diesel-fueled engines used exclusively in emergency

applications.

(C) portable diesel-fueled engines that qualify as low-use engines.

(D) portable diesel-fueled engines used in a lattice boom crane.

(4) Portable diesel-fueled engines that qualify as low-use engines and

subsequently exceed the allowed hours of operation in a calendar

year, or portable diesel-fueled engines that are identified to be used

exclusively in emergency applications but subsequently are used in

non-emergency applications, become immediately subject to the

requirements of section 93116.3(c) in the year such exceedence or
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use occurs. For low-use engines, the hours of operation used for an

emergency event shall not be counted toward the allowed hours of

operation.

(5) Portable alternative-fueled engines may be included in a fleet if the

engine satisfies the requirements in section 93116.3(d)(2)(B).

(6) Portable diesel-fueled portable engines equipped with SCR systems.

(A) The diesel PM fleet emission standards in section 93116.3(c)(1)

do not apply to:

1. portable diesel-fueled engines equipped with properly

operating SCR systems as of January 1, 2004; and

2. with the approval of the Executive Officer, portable dieselfueled engines equipped with properly operating SCR

systems after January 1, 2004.

(B) At the request of the Responsible Official, portable diesel-fueled

engine(s) equipped with a SCR system(s) may be included in

the company's fleet for the purpose of complying with an

applicable fleet emission standard. Once the engine(s) is

included in a fleet, compliance with applicable fleet emission

standards shall always include these diesel-fueled portable

engine(s).

(C) For all diesel-fueled portable engines equipped with SCR

systems, the following information shall be submitted to the

Executive Officer to demonstrate that the SCR system is

operating properly:

1. Tests results for NOx, PM, and ammonia slip

a. the following tests methods shall be used to

demonstrate compliance:

i. NOX shall be measured with CARB test

method 100 dated July 1997, or equivalent

district-approved test method; and

ii. diesel PM shall be measured with CARB test

method 5 dated July 1997 or equivalent

district-approved test method. For the

purposes of this requirement, only the probe

catch and filter catch ("front half") is used to
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determine the emission rate, g/bhp-hr, and

shall not include PM captured in the impinger

catch or solvent extract; and

iii. ammonia slip shall be measured with Bay Area

Air Quality Management District Source Test

Procedure ST-1B, Ammonia Integrated

Sampling, dated January 1982, or other

equivalent district approved test method.

b. the duration of the emission test shall be sufficient to

document the typical operation of the portable dieselfueled engine(s); and

c. testing shall be performed at the frequency required

by the permit or registration. In no event shall the

time between emission tests exceed three years.

(7) Beginning on January 1, 2013, the weighted average PM emission

rate for the fleet cannot exceed the fleet standard that is in effect.

Changes in the fleet, including portable engine additions and

deletions, shall not result in noncompliance with this standard.

(d) Fleet Average Calculations

(1) General Provisions

(A) The average PM emission factor for the fleet is determined by

the following formula:

∑ Summation for each portable engine in the fleet (bhp x emission factor)

 ∑Summation for each portable engine in the fleet (bhp)

where:

bhp = maximum rated horsepower.

emission = diesel PM emission rate, as determined below:

factor

(B) The following diesel PM emission rates shall be used with the

above formula to determine the weighted average fleet

emission rate:

1. for portable diesel-fueled engines certified to a nonroad

engine standard, the results of emission measurements
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submitted to either the U.S. EPA or CARB for the

purposes of satisfying the appropriate emission standard;

or

2. results from emission measurements from a verified

emission control strategy may be used in conjunction

with engine emission information; or

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

system(s), results from valid emission tests.

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

as outlined below:

(A) Where equipment uses grid power for more than 200 hours in

lieu of operating a portable diesel-fueled engine for a given

project, the time period grid power is used may be used to

reduce each affected engine's emission factor. The emission

factor for each affected portable engine will be reduced

proportionally by the percentage of time the equipment uses

grid power. To receive credit for grid power in the fleet

calculation, the recordkeeping and reporting requirements in

section 93116.4(c)(3) shall be satisfied.

(B) Alternative-fueled portable engines

1. Alternative-fueled portable engines operating 100 or

more hours may be included toward determining

compliance with the applicable fleet emission standards.

A diesel PM emission rate of zero shall be used in the

fleet calculations for these engines.

2. Alternative-fueled portable engines operating 100 or

more hours per calendar year and added to a fleet prior

to January 1, 2009, may be counted twice in the

company's fleet average determination toward

compliance with the 2013 and 2017 fleet emission

standards. The alternative-fueled engine shall be

certified to meet a federal or California standard for newly

manufactured nonroad engines pursuant to 40 CFR Part

89 or Title 13 of the California Code of Regulations.

(C) Portable diesel-fueled engines certified to Tier 4 nonroad

engine standards that are added to a fleet prior to January 1,

2015, may be counted twice in the company's fleet average
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determination toward compliance with the 2013 and 2017 fleet

emission standards.

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

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

Health and Safety Code.

93116.4 FLEET RECORDKEEPING AND REPORTING REQUIREMENTS

(a) The owner or operator of a fleet is not subject to the requirements of this

section if each portable diesel-fueled engine in the fleet satisfies any one

of the following requirements:

(1) the portable diesel-fueled engine is certified to Tier 4 emission

standards for newly manufactured nonroad engines; or

(2) the portable diesel-fueled engine is equipped with a properly

functioning level-3 verified technology; or

(3) the portable diesel-fueled engine is equipped with a combination of

verified emission control strategies that have been verified together

to achieve at least 85% reduction in diesel PM emissions.

(b) Portable diesel-fueled engine(s) equipped with properly operating SCR

system(s) shall be excluded from the requirements of section 93116.4(a) if

the engine(s) is not subject to section 93116.3(c)(1).

(c) Effective January 1, 2012, the Responsible Official of a fleet shall:

(1) Keep and maintain records for:

(A) alternative-fueled portable engines used as part of a company's

fleet average, except as provided in section 93116.4(d); and

(B) portable diesel-fueled engines affected by the use of

electrification; and

(C) portable diesel-fueled engines qualifying as low-use engines;

and

(D) portable diesel-fueled engines used exclusively in emergency

applications.
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(2) The Responsible Official, for all portable engines subject to section

93116.4(c)(1), shall:

(A) install or cause to be installed and properly maintained on each

portable engine subject to recordkeeping a non-resettable hourmeter; and

(B) maintain on a calendar year basis a record of the total hours of

operation for each portable engine. If the portable engine is

used out-of-state, then the records may account for operation

within California only, excluding operation within the OCS; and

(C) maintain all required records at a central place of business for

five years. The records shall clearly identify each portable

engine subject to the recordkeeping requirement as well as the

annual hours of operation. These records are to be made

available, upon request for inspection, to local air pollution

control district or CARB personnel. The requested records shall

be provided to the appropriate personnel within ten business

days of the request.

(3) The Responsible Official of a fleet electing to use electrification in

determining the fleet average shall:

(A) notify the Executive Officer identifying the dates, location,

duration of the project, and a description of the project that will

rely on electrification instead of using portable diesel-fueled

engines. The notification shall be provided prior to the start of

the project; and

(B) identify each affected portable diesel-fueled engine, including:

make, model, serial number, year of manufacture for each

engine, emission factor (g/bhp-hr) and district permit or

State/district registration number; and

(C) shall clearly identify the electrification activity, including

indicating the amount of electricity used and the time period for

the project; and

(D) shall retain copies of contracts or other documentation, with the

project proponent and/or applicable utility, supporting the use of

grid power.

(4) Test results for SCR compliance shall be maintained at a central

place of business for five years. At the request of CARB or district
18

personnel, the Responsible Official shall have three business days to

provide a copy of the most recent test results.

(d) Effective January 1, 2008, for alternative-fueled engines added to a fleet

prior to January 1, 2009, the Responsible Official shall:

(1) install or cause to be installed and properly maintained on each

portable engine subject to recordkeeping a non-resettable hourmeter; and

(2) maintain on a calendar year basis a record of the total hours of

operation for each portable engine. If the portable engine is used

out-of-state, then the records may account for operation within

California only, excluding operation within the OCS; and

(3) maintain all required records at a central place of business for five

years. The records shall clearly identify each portable engine subject

to the recordkeeping requirement as well as the annual hours of

operation. These records are to be made available, upon request for

inspection, to local air pollution control district or CARB personnel.

The requested records shall be provided to the appropriate personnel

within ten business days of the request.

(e) The Responsible Official of the fleet shall provide the following reports to

the Executive Officer:

(1) A status report, due to the Executive Officer by March 1, 2011, that

includes the following items:

(A) the fleet's weighted average PM emission rate for the 2010

calendar year, including a summary for each portable engine

that is part of the fleet and each engine's emission rate (g/bhphr); and

(B) inventory of portable engines in the fleet identifying whether the

engine is state-registered or permitted/registered with the

district. Alternative-fueled engines should be identified by fuel

type. The inventory shall identify the make, model, serial

number, year of manufacture, primary fuel type, emission factor

(g/bhp-hr), and district permit or State/district registration

number for each engine to be used in the fleet average

determination; and

(C) identify, if applicable, each portable diesel-fueled engine that the

owner commits to replacing with a Tier 4 engine, including:

make, model, serial number, year of manufacture for each
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engine, and district permit or State/district registration number;

and

(D) listing of portable diesel-fueled engines, if applicable, used

exclusively in emergency applications. The listing shall identify

each engine claiming use only in emergency applications,

including: make, model, serial number, year of manufacture for

each engine, emission factor (g/bhp-hr), and district permit or

State/district registration number; and

(E) listing of portable diesel-fueled engines, if applicable, satisfying

the low-use engine requirements. The listing shall identify each

engine, including: make, model, serial number, year of

manufacture for each engine, emission factor (g/bhp-hr), and

district permit or State/district registration number; and

(F) listing of portable alternative-fueled engines, if applicable, added

to the fleet prior to January 1, 2009, pursuant to section

93116.3(d)(2)(B)2. The listing shall identify each engine,

including: make, model, serial number, year of manufacture for

each engine, U.S. EPA engine family name, emission factor

(g/bhp-hr), and district permit or State/district registration

number; and

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

system(s), documentation demonstrating that the SCR system

is operating properly.

(2) A statement of compliance signed by the Responsible Official that the

fleet standards are being achieved and a summary that identifies

each portable engine in the fleet and the associated emission rate

(g/bhp-hr). Portable engines included in the fleet are those that are

part of the fleet at the time the fleet standard became effective. The

engine identification shall include, at a minimum, the make, model,

serial number, and year of manufacture for each engine. Alternativefueled engines should be identified by fuel type. The statements of

compliance are due to the Executive Officer by the following dates:

(A) March 1, 2013, for the fleet standards that become effective

January 1, 2013; and

(B) March 1, 2017, for the fleet standards that become effective

January 1, 2017; and

(C) March 1, 2020 for the fleet standards that become effective

January 1, 2020.
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(3) The Responsible Official shall identify to the Executive Officer, as

part of each compliance report, the specific portable diesel-fueled

engines, if any, used exclusively in emergency applications and the

specific portable diesel-fueled engines, if any, claimed to be low-use

engine. The list shall include for each portable diesel-fueled engine:

the make, model, serial number, year of manufacture for each

engine, emission factor (g/bhp-hr), and district permit or State/district

registration number.

(4) The Responsible Official shall identify to the Executive Officer, as

part of each compliance report, the specific portable diesel-fueled

engines, if any, excluded from the fleet because the portable dieselfueled engine operated exclusively outside of California or operated

only within the OCS. The list shall include for each portable dieselfueled engine: the make, model, serial number, year of manufacture,

and, district permit or State/district registration number for each

engine.

(5) If compliance with the fleet average includes the use of electrification,

the Responsible Official shall provide documentation supporting the

credit claimed for electrification.

(6) As part of each compliance report, the Responsible Official shall, if

applicable, certify the following:

(A) all portable alternative-fueled engines included in the fleet

average operated at least 100 hours during the previous 12

months prior to the fleet emission standard becoming effective.

(B) for all portable diesel-fueled engines used exclusively in

emergency applications, the engines were used only for

emergency applications.

(C) for all portable diesel-fueled engines using the low-use

designation, the engines operated no more than 80 hours for

the reporting period.

(D) for all portable diesel-fueled engines equipped with SCR, the

engine complies with applicable district or Statewide Portable

Equipment Registration Program requirements.

(7) After March 1, 2013, the APCO or the Executive Officer may require

the submittal of information demonstrating compliance with the

applicable fleet standard. Upon receiving the request, the
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Responsible Official shall provide the requested information within 30

days.

(f) For fleets that are exempted from the requirements of section 93116.4

pursuant to section 93116.4 (a), the Responsible Official shall certify that

all portable diesel-fueled engines in the fleet satisfy the requirements of

section 93116.4(a). The Responsible Official shall provide the certification

statement and a list of the portable diesel-fueled engines in the fleet to the

Executive Officer when the fleet initially satisfies the requirements of

section 93116.4(a). The list of engines shall identify the make, model,

serial number, and district permit or State/district registration number for

each engine.

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

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

Health and Safety Code.

93116.5 ENFORCEMENT OF FLEET REQUIREMENTS

(a) Both the Executive Officer and the APCO have the authority to review or

seek enforcement action for violation of the fleet emission standard.

(b) The CARB will make available to the districts the information the

Responsible Official has provided to CARB to demonstrate compliance

with the fleet standard.

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

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

Health and Safety Code.