1 FINAL REGULATION ORDER

AIRBORNE TOXIC CONTROL MEASURE FOR DIESEL PARTICULA TE MATTER

FROM PORTABLE ENGINES RATED AT 50 HORSEPOWER AND GR EATER

Note: Proposed amendments are shown in underline to indicate additions and

strikeout to indicate deletions, compared to the preexisting regulatory language.

Amend section 93116, 93116.1, 93116.2, 93116.3, tit le 13 7 , California Code of Regulations to read as follows.

§ 93116 Purpose.

*****

§ 93116.1 Applicability.

(a) Except as provided below, all portable engines having a maximum rated horsepower of 50 bhp and greater and fueled with di esel 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 alte rnative fuel or an alternative diesel fuel;

(4) Tactical support equipment;

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

Nicolas Island;

(6) Engines preempted from State regulation under 4 2 USC §7543(e)(1);

and

(7) Portable diesel-fueled engines operated at airp orts that satisfy the following requirements:

(A) the equipment is subject to the South Coast Gro und Service Equipment Memorandum of Understanding (MOU); and2 (B) the participating airlines have demonstrated to the satisfaction of the

Executive Officer that the diesel PM reductions ach ieved by satisfying the requirements of the MOU are equivale nt to the reductions achieved by this control measure.

(8) Engines used exclusively on cranes shall meet a ll applicable requirements in Title 13 of the California Code of Regulations commencing with section 2449;

(9) Engines used exclusively on street sweepers tha t are not subject to Title 13 CCR section 2022 shall meet all applicable requi rements in Title 13 of the California Code of Regulations commencing with section 2025.

NOTE: 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) For the purposes of these regulations, the foll owing definitions apply:

(1) “ Air Pollution Control Officer or APCO ” means the air pollution control officer of a district, or his/her designee.

(2) “ Alternative Fuel

” means gasoline, natural gas, propane, liquid petr oleum gas (LPG), hydrogen, ethanol, or methanol.

(3) “ 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, pur suant to the specifications in ASTM Standard Specification for Diesel Fuel Oils D9 75-81, or an alternative fuel, and does not require engine or fuel system mo difications for the engine to operate, although minor modifications (e.g., rec alibration of the engine fuel control) may enhance performance. An emission cont rol strategy using a fuel

additive will be treated as an alternative diesel f uel based strategy unless:

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

mechanism, or

(B) the additive is directly mixed into the base fu el inside the fuel tank of the

engine, or

(C) the additive and base fuel are not mixed until engine fueling

commences, and no more additive plus base fuel comb ination is mixed than required for a single fueling of a singl e engine.3

(4) “ CARB Diesel Fuel ” means any diesel fuel that is commonly or commercia lly known, sold, or represented by the supplier as dies el 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 22 81, 2282, and 2284.

(5) “ Certified Nonroad Engine ” refers to an engine meeting an applicable nonroad engine emission standard as set forth in Title 13 o f the California Code of Regulations or CFR 40 Part 89.

(6) “ Crane ” means the same as “Two-Engine Crane” defined in Tit le 13, CCR, section 2449(c)(56)

(6 7 ) “ Diesel Fuel

” means any fuel that is commonly or commercially k nown, sold, or represented by the supplier as diesel fuel, incl uding any mixture of primarily liquid hydrocarbons—organic compounds con sisting exclusively of the elements carbon and hydrogen—that is sold or re presented as suitable for use in an engine.

(7 8 ) “ Diesel-Fueled

” means fueled by diesel fuel, or CARB diesel fuel, i n whole or

part.

(8 9 ) “ Diesel Particulate Matter (PM) ” means the particles found in the exhaust of diesel-fueled engines which may agglomerate and ads orb other species to form structures of complex physical and chemical pr operties.

(9 10 ) “ District

” means a District as defined in Health and Safety Code section

39025.

(10 11 ) “ Dual-fuel Diesel Pilot Engine ” means a dual-fueled engine that uses diesel fuel as a pilot ignition source at an annual averag e ratio of less than 5 parts diesel fuel to 100 parts total fuel on an energy eq uivalent basis.

(11 12 ) “ Emergency

” means providing electrical power or mechanical wo rk during any of the following events and subject to the followin g conditions:

(A) the failure or loss of all or part of normal el ectrical power service or normal natural gas supply to the facility:

1. which is caused by any reason other than the enf orcement of a contractual obligation the owner or operator has wi th a third party or any other party; and

2. which is demonstrated by the owner or operator t o the district APCO’s satisfaction to have been beyond the reasona ble control of the owner or operator;

(B) the failure of a facility’s internal power dist ribution system:4 1. which is caused by any reason other than the enf orcement of a contractual obligation the owner or operator has wi th a third party or any other party; and

2. which is demonstrated by the owner or operator t o the district APCO’s satisfaction to have been beyond the reasona ble control of the owner or operator;

(C) the pumping of water or sewage to prevent or mi tigate a flood or sewage overflow;

(D) the pumping of water for fire suppression or pr otection;

(E) the pumping of water to maintain pressure in th e water distribution system for the following reasons:

1. pipe break; or

2. high demand on water supply system due to high u se of water for fire suppression; (F) the breakdown of electric-powered pumping equip ment at sewage treatment facilities or water delivery facilities;

(G) the training of personnel in the use of portabl e equipment for emergency

purposes.

(12 13 ) “ Emergency Event ” refers to a situation arising from a sudden and rea sonably unforeseen natural disaster such as an earthquake, flood, fire, or other acts of God, or other unforeseen event that requires the us e of portable engines to help alleviate the threat to public health and safe ty.

(13 14 ) “ Engine ” means any piston-driven internal combustion engin e.

(14 15 ) “ Engines Used Exclusively in Emergency Applications ” refer to engines that are used only during an emergency or emergency even t, and includes appropriate maintenance and testing.

(15 16 ) “ Executive Officer ” means the Executive Officer of the California Air Resources Board (CARB) or his/her designee.

(16 17 ) “ Fleet

” refers to a portable engine or group of portable engines that are owned and managed by an individual operational enti ty, such as a business, business unit within a corporation, or individual c ity or state department under the control of a Responsible Official. Engines tha t are owned by different

business entities that are under the common control of only one Responsible Official shall be treated as a single fleet.5

(17 18 ) “ Fuel Additive ” means any substance designed to be added to fuel or fuel systems or other engine-related systems such that i t is present in-cylinder during combustion and has any of the following effe cts: decreased emissions, improved fuel economy, increased performance of the engine; or assists diesel emission control strategies in decreasing em issions, or improving fuel economy or increasing performance of the engine. F uel additives used in conjunction with diesel fuel may be treated as an a lternative diesel fuel.

(18 19 ) “ In-Use Engines ” refers to portable diesel-fueled engines operatin g under valid permits or registrations as of December 31, 2 005.

(19 20 ) “ Level-3 Verified Technology ” means a technology that has satisfied the requirements of the “Verification Procedure for In- Use Strategies to Control Emissions from Diesel Engines” in Title 13, Califor nia Code of Regulations, commencing with section 2700, and has demonstrated an reduction in diesel particulate matter of 85% or greater.

(20 21 ) “ Location ” means any single site at a building, structure, f acility, or

installation.

(21 22 ) “ Low-Use Engines ” refers to portable diesel-fueled engines that ope rate 80 hours or less in a calendar year.

(22 23 ) “ Maximum Rated Horsepower (brake horsepower (bhp)) ” is the maximum brake horsepower rating specified by the portable e ngine manufacturer and listed on the nameplate of the portable engine.

(23 24 ) “ Nonroad Engine ” means:

(A) Except as discussed in paragraph (2) of this de finition, a nonroad engine is any engine:

1. in or on a piece of equipment that is self-prope lled or serves a dual purpose by both propelling itself and performing an other function (such as garden tractors, off-highway mobile cranes and bulldozers); or

2. in or on a piece of equipment that is intended t o be propelled while performing its function (such as lawnmowers and str ing trimmers);

or

3. that, by itself or in or on a piece of equipment , is portable or transportable, meaning designed to be and capable o f being

carried or moved from one location to another. Ind icia of transportability include, but are not limited to, w heels, skids, carrying handles, dolly, trailer, or platform.6 (B) An engine is not a nonroad engine if:

1. 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

2. the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the feder al Clean Air

Act; or

3. 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 lo cated at a seasonal source. Any engine(s) that replace(s) an engine at a location and that is intended to perform the same o r similar function as the engine replaced will be included in calculat ing the consecutive time period. An engine located at a se asonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasona l source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at tha t single location approximately three (or more) months each year.

(24 25 ) “ Off-Road Engine ” means the same as nonroad engine.

(25 26 ) “ Outer Continental Shelf (OCS )” shall have the meaning provided by section 2 of the Outer Continental Shelf Lands Act (43 USC Se ction 1331 et seq.).

(26 27 ) “ Participating Airlines ” means the collective group of Individual Particip ating Airlines under the MOU, which currently is as follo ws: ABX Air, Inc. (formerly Airborne Express), Alaska Airlines, America West Ai rlines, American Airlines, ATA Airlines (formerly American Trans Air), Contine ntal Airlines, Delta Air Lines, Astar Air Cargo (formerly DHL Airways), Fede ral Express, Hawaiian Airlines, Jet Blue Airways Corp., Midwest Airlines (formerly Midwest Express Airlines), Northwest Airlines, Southwest Airlines, United Airlines, United Parcel Service, and US Airways. Participating Airl ines does not mean the Air Transportation Association of America, Inc.

(27 28 ) “ Permit

” refers to a certificate issued by the Air Polluti on Control Officer acknowledging expected compliance with the applicab le requirements of the district’s rules and regulations.

(28 29 ) “ Portable ” means designed and capable of being carried or mo ved from one location to another. Indicia of portability includ e, 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:7 (A) 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 main tained 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 calcu lating 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 t he consecutive time period; or (B) the engine remains or will reside at a location for less than 12 consecutive months if the engine is located at a se asonal 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 yea r; or

(C) the engine is moved from one location to anothe r in an attempt to circumvent the portable residence time requirements

.

(29 30 ) “ Project

” means the use of one or more registered or permitte d portable engines or equipment units operated under the same or common ownership or control to perform a single activity.

(30 31 ) “ Registration ” refers to either:

(A) a certificate issued by the Executive Officer a cknowledging expected compliance with the applicable requirements of the Statewide Portable Equipment Registration Program; or

(B) a certificate issued by the Air Pollution Contr ol Officer acknowledging expected compliance with the applicable requirement s of the district's Portable Equipment Registration Program.

(3 1 32 ) “ Responsible Official ” refers to an individual employed by the company o r public agency with the authority to certify that th e portable engines under his/her jurisdiction comply with applicable require ments of this regulation. A company or public agency may have more than one Res ponsible Official.

(32 33 ) “ Selective Catalytic Reduction (SCR) System ” refers to an air pollution emissions control system that reduces oxides of nit rogen (NOx) emissions through the catalytic reduction of NOx by injecting nitrogen-containing compounds into the exhaust stream, such as ammonia or urea.

(33 34 ) “ Stationary Source ” means any building, structure, facility or instal lation that emits any air contaminant directly or as a fugitive emission. Building, structure, facility, or installation includes all p ollutant emitting activities which:8 (A) are under the same ownership or operation, or w hich are owned or operated by entities which are under common control ; and

(B) belong to the same industrial grouping either b y virtue of falling within the same two-digit standard industrial classificati on code or by virtue of being part of a common industrial process, manufact uring process, or connected process involving a common raw material; and

(C) are located on one or more contiguous or adjace nt properties.

[Note: For the purposes of this regulation a stati onary source and nonroad engine are mutually exclusive.] (34 35 ) “ Stock Engine ” means a certified diesel-fueled engine that has n ever been placed in service and is part of a supply of engine s offered for sale, rent, or lease by a person or company who offers for sale, r ent, or lease engines and related equipment for profit.

(35 36 ) “ Storage ” means a warehouse, enclosed yard, or other area e stablished for the primary purpose of maintaining portable engines when not in operation.

(37) “ Street Sweeper ” means the same as “Dual-engine Street Sweeper” de fined in Title 13, CCR, section 2022(b)(2).

(36 38 ) “ Tactical Support Equipment (TSE) ” means equipment using a portable engine, including turbines, that meets military spe cifications, 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 supp ort, tactical or relief operations, or training for such operations. Examp les include, but are not limited to, engines associated with portable genera tors, aircraft start carts, heaters and lighting carts.

(37 39 ) “ Tier 4 Emission Standards ” refers to the final emission standards adopted by the U.S. EPA for newly manufactured nonroad engines

.

(38 40 ) “ Transportable ” means the same as portable.

(39 41 ) “ Verified Emission Control Strategy ” refers to an emission control strategy, designed primarily for the reduction of diesel PM e missions which has been verified pursuant to the “Verification Procedure fo r In-Use Strategies to Control Emissions from Diesel Engines” in Title 13, California Code of Regulations, commencing with section 2700, and inco rporated by reference.

(40 42 ) “ U.S. EPA ” refers to the United States Environmental Protect ion Agency.

NOTE: 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.9

§ 93116.3 Requirements.

(a) Diesel-fueled portable engines shall only use o ne 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 Emission s 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 dies el fuel or CARB diesel

fuel blends that use an alternative diesel fuel suc h as biodiesel, FischerTropsch fuels, or emulsions of water in diesel fuel is available only for fuel blends that been verified through the Verifica tion Procedure for InUse Strategies to Control Emissions from Diesel Eng ines. The credit granted is based upon the verified level approved b y the Executive

Officer within the Executive Order for the fuel ble nd.]

(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 diesel-fue led engines

shall be certified to meet a federal or California standard for newly manufactured nonroad engines pursuant to 40 CFR Par t 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 diesel-fueled engines used exclusively in emergency applications or portable diesel-fueled engines that qualify as low-use engin es may commit to replacing these engines with Tier 4 engines, sub ject to the requirements below:

1 Tier 1, 2, 3, and 4 refer to nonroad engine emissi on 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 emis sion 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. Ti er 2 engine standards are phased in for engines manufactured beginning in 2001 and becomes effectiv e for all engines by 2006. Similarly, Tier 3 engin es are phased in for engines manufactured beginning in 2006, and Tier 4 engines are phased in for engines manufactured beginning in 2011.10 1. the Responsible Official shall submit written no tification identifying the specific portable diesel-fueled eng ines to be replaced with portable diesel-fueled engines certif ied to the

Tier 4 emission standards; and

2. for each class and category of nonroad engine, r eplace each portable diesel-fueled engine so identified within two years of the first engine being offered for sale that satisf ies the Tier 4

emission standards.

(2) Portable diesel-fueled engines that have not be en permitted or registered prior to January 1, 2006, are subject to the following requirements:

(A) except as specified in 93116.3(b)(4 5 ), 93116.3(b)(5 6 ), and 93116.3(b)(6 7 ), and except as allowed under flexibility provisio ns for equipment and vehicle manufacturers and post-ma nufacture marinizers pursuant to 40 CFR Part 89 or Title 13 o f the California Code of Regulations, the portable diesel-fueled eng ine shall meet the most stringent of the federal or California emi ssion standard for nonroad engines; or

(B) upon approval by the air pollution control offi cer, a diesel-fueled portable engine not certified to an emission standa rd pursuant to 40

CFR Part 89 or Title 13 of the California Code of R egulations used exclusively in emergency applications or qualifying as a low-use engine designation may only be permitted or registe red by a district. Any engine used exclusively in emergency applications or qualifying as a low-use engine designation is subje ct to the requirements of section 93116.3(b)(3).

(3) Except as provided in section 93116.3(b)(1)(B), portable diesel-fueled engines used exclusively in emergency applications or qualifying as lowuse engines shall satisfy one of the following requ irements 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 w ith a properly functioning level-3 verified technology; or (C) the portable diesel-fueled engine is equipped w ith a combination of verified emission control strategies that have been verified together to achieve at least 85% redu ction in

diesel PM emissions.11 (4) Lattice boom cranes

(A) A p ortable 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 satisf action of the Executive Officer or the APCO that the portable die sel

- fuele d engine in the lattice boom crane cannot be replaced with a portable

diesel

- fueled engine that is certified to meet a federal o r California standard for newly manufactured nonroad engines pur suant to 40

CFR Part 89 or Title 13 of the California Code of R e gulations (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 J anuary 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

3. t he portable diesel

- fueled engine is equipped with a combination of verified emission control strategies that have been verified together to achieve at least 85% redu ction in

diesel PM emissions.

(4 5 ) Engines operated in California between March 1, 2 004 and October 1, 2006 may be permitted or registered by a district o r registered in the Statewide Portable Equipment Registration Program u ntil 12/31/09 if they meet an emission standard pursuant to 40 CFR P art 89 or Title 13 of the California Code of Regulations.

(5 6 ) Upon approval by the air pollution control office r, a district may permit or register engines operated in California between Mar ch 1, 2004 and October 1, 2006 that are not certified to an emissi on standard pursuant

to 40 CFR Part 89 or Title 13 of the California Cod e of Regulations.

(6 7 ) An engine owner, operator, dealer, or distributor may permit or register an engine not meeting the most stringent emission s tandard providing the following are met:

(A) The engine met the most stringent emission stan dard in effect prior to the change for that horsepower range; and

(B) The application for permit or registration of t he engine is submitted

within six months of the effective date of the chan ge in emission

standards.12

(c) Fleet Requirements

(1) Each fleet is subject to and shall comply with the following weighted PM emission fleet averages expressed as grams per brak e 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 portab le diesel-fueled engines affected by the fleet provisions of this regulation include all portable diesel-fueled engines operated in California, inclu ding portable dieselfueled engines registered with the Statewide Portab le Equipment Registration Program or permitted by or registered with a district.

(3) The following portable diesel-fueled engines sh all be excluded from the fleet requirements:

(A) portable diesel-fueled engines operated exclusi vely 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 identifi ed to be used exclusively in emergency applications but subsequen tly are used in nonemergency applications, become immediately subject to the requirements of section 93116.3(c) in the year such exceedence or use occurs. For low-use engines, the hours of operatio n used for an emergency event shall not be counted toward the all owed hours of operation.

(5) Portable alternative-fueled engines may be incl uded in a fleet if the engine satisfies the requirements in section 93116. 3(d)(2)(B).13 (6) Portable diesel-fueled portable engines equippe d with SCR systems.

(A) The diesel PM fleet emission standards in secti on 93116.3(c)(1) do not apply to:

1. portable diesel-fueled engines equipped with pro perly operating SCR systems as of January 1, 2004; and

2. with the approval of the Executive Officer, port able dieselfueled engines equipped with properly operating SCR systems after January 1, 2004.

(B) At the request of the Responsible Official, por table diesel-fueled engine(s) equipped with a SCR system(s) may be incl uded in the company's fleet for the purpose of complying with a n applicable fleet emission standard. Once the engine(s) is inc luded 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 pro perly:

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

a. the following tests methods shall be used to dem onstrate compliance:

i. NOX shall be measured with CARB test method100 dated July 1997, or equivalent districtapproved test method; and

ii. diesel PM shall be measured with CARB testmethod 5 dated July 1997 or equivalent districtapproved test method. For the purposes of this requirement, only the probe catch and filter catch ("front half") is used to 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 A ir Quality Management District Source Test Procedure ST-1B, Ammonia Integrated Sampling, dated January 1982, or other equivalent district approved test method.14 b. the duration of the emission test shall be suffi cient to document the typical operation of the portable dies elfueled engine(s); and

c. testing shall be performed at the frequency requ ired 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 aver age PM emission rate

for the fleet cannot exceed the fleet standard that is in effect. Changes in the fleet, including portable engine additions a nd 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 (b hp x emission factor)

∑ Summation for each portable engine in the fleet (bh p)

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 fle et emission

rate:

1. for portable diesel-fueled engines certified to a nonroad engine standard, the results of emission measuremen ts submitted to either the U.S. EPA or CARB for the pu rposes of satisfying the appropriate emission standard; or

2. results from emission measurements from a verifi ed emission control strategy may be used in conjunctio n with engine emission information; or

3. for portable diesel-fueled engine(s) equipped wi th SCR system(s), results from valid emission tests.15 (2) The following incentives may be used to revise the fleet average, as

outlined below:

(A) Where equipment uses grid power for more than 2 00 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 r educe each affected engine's emission factor. The emission fa ctor for each affected portable engine will be reduced proportion ally 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) sha ll be satisfied.

(B) Alternative-fueled portable engines

1. Alternative-fueled portable engines operating 10 0 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 ca lculations for these engines.

2. Alternative-fueled portable engines operating 10 0 or more hours per calendar year and added to a fleet prior to January 1, 2009, may be counted twice in the company's flee t average determination toward compliance with the 20 13 and

2017 fleet emission standards. The alternative-fue led engine shall be certified to meet a federal or Cali fornia standard for newly manufactured nonroad engines pur suant

to 40 CFR Part 89 or Title 13 of the California Cod e of Regulations.

(B) Portable diesel-fueled engines certified to Tie r 4 nonroad engine standards that are added to a fleet prior to Januar y 1, 2015, may be counted twice in the company's fleet average det ermination toward compliance with the 2013 and 2017 fleet emis sion

standards.

NOTE: Authority cited: Sections 39600, 39601, 3965 0, 39658, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752, Health and Safety Code.

§ 93116.3.1 Compliance Flexibility for Diesel PM Standards.

*****

§ 93116.4 Fleet Recordkeeping and Reporting Requirements.

*****

§ 93116.5 Enforcement o O f Fleet Requirements.16

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

enforcement action for violation of the fleet emiss ion standard.

(b) The CARB will make available to the districts t he information the Responsible Official has provided to CARB to demonstrate compli ance with the fleet

standard.

NOTE: Authority cited: Sections 39600, 39601, 3965 0, 39658, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health and Safety Code.