1 

## 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 t hat 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 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 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 w ell drilling rigs as defined in Title 13, Cal. Code Regs., section 2449( c) shall meet all applicable requirements in Title 13 of the Californ ia Code of Regulations commencing with section 2449.

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.

§ 93116.2 Definitions.

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

* * * * *2 (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 operatin g under valid permits or registrations as of December 31, 2005 09

.

* * * * *

(37) (reserved for further amendments)

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 3965 0, 39658, 39659, 39666, 41752, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39666, 41752, Hea lth 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 emissi on standards promulgated by ARB and U.S. EPA for ne wly manufactured engines pursuant to 40 CFR P art 89 or Title 13 of the California Code of Regula tion. Each successive Tier represents more stringent emission standards a nd the requirements are phased

- in over time with the Tier 1 engine standards becoming effective for some engine s manufactured in 19 96 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 be ginning in 2011.3 (B) (reserved for further amendments)

(C) Notwithstanding the requirements of section 931 16.3(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 re gulatory agency no later than 30 days after the effective date of t hese amendments, and are subject to the requirements below:

1. The engine(s) selected shall have current, valid p ermits or registrations as of December 31, 2009; and

2. one engine with no restriction for maximum rated h orsepower;

or

3. no more than five engines not to exceed 500 cumula tive 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 sec tion 93116.3(b)(1)(C)(2) shall not be used.

5. If an owner has selected less than five spark igni tion engines per title 13 Cal. Code Regs. subsection 2456(f)(11) (B) then the combined total of selected spark-ignition engin es 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)

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 396 50, 39658, 39659, 39666, 41752, 43013 and 43018, Health and Safety Code. Reference: Sections 39650, 39666, 41752, Health and Safety Code.