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Final Regulation Order

AIRBORNE TOXIC CONTROL MEASURE 

FOR DIESEL PARTICULATE MATTER FROM 

PORTABLE ENGINES RATED AT 50 HORSEPOWER AND GREATER

Amend sections 93116.1, 93116.2, 93116.3, title 17, California Code of Regulations to 

read as follows. 

(Note: The amendments are shown in underline to indicate additions and strikeout to 

indicate deletions. The symbol “* * * * *” means that intervening text not being amended 

is not shown. 

§ 93116.1 Applicability. 

* * * * * 

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

* * * * * 

(8) Engines used exclusively on cranes shall meet all applicable 

requirements in Title 13 of the California Code of Regulations 

commencing with section 2449; 

(9) Engines used exclusively on street sweepers that are not subject to Title 

13 CCR Cal. Code Regs., section 2022 shall meet all applicable 

requirements in Title 13 of the California Code of Regulations 

commencing with section 2025.; and

(10) Engines used exclusively on two-engine water well drilling rigs as 

defined in Title 13, Cal. Code Regs., section 2449(c) shall meet all 

applicable requirements in Title 13 of the California Code of Regulations 

commencing with section 2449.

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 following definitions apply: 

* * * * * 
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(4) (reserved for further amendments) 

(5) (reserved for further amendments)

(6) (reserved for further amendments)

* * * * * 

(13) (reserved for further amendments) 

* * * * * 

(19) “In-Use Engines” refers to portable diesel-fueled engines operating 

under valid permits or registrations as of December 31, 200509. 

* * * * * 

(37) (reserved for further amendments)

* * * * * 

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. 

§ 93116.3 Requirements.

* * * * * 

(b) Diesel PM Standards 

(1) (reserved for further amendments)

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

93116.3(b)(1)(C), 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, Part 86, or the equivalent categories in Title 13 of the 

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

nonroad engine standards).1

 

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) (reserved for further amendments)

(C) Notwithstanding the requirements of section 93116.3(b)(1)(A), any 

company, public agency, or military base may select specific 

engines to continue to operate until December 31, 2010. The 

selections shall be submitted to the appropriate regulatory agency 

no later than 30 days after the effective date of these amendments,

and are subject to the requirements below:

1. The engine(s) selected shall have current, valid permits or 

registrations as of December 31, 2009; and

2. one engine with no restriction for maximum rated horsepower; 

or

3. no more than five engines not to exceed 500 cumulative brake 

horsepower for the selected engines.

4. If an owner has selected one spark ignition engine per title 13

Cal. Code Regs. subsection 2456(f)(11)(A), then section 

93116.3(b)(1)(C)(2) shall not be used.

5. If an owner has selected less than five spark ignition engines 

per title 13 Cal. Code Regs. subsection 2456(f)(11)(B) then 

the combined total of selected spark-ignition engines and 

compression-ignition engines shall not exceed five engines 

with a cumulative size of 500 brake horsepower.

(2) (reserved for further amendments)

(3) (reserved for further amendments) 

(4) (reserved for further amendments)

(5) (reserved for further amendments)

(6) (reserved for further amendments) 

(c) (reserved for further amendments)

(d) (reserved for further amendments) 

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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.