STAFF REPORT: INITIAL STATEMENT OF REASONS FOR THE

PROPOSED AMENDMENTS TO THE REGULATIONS APPLICABLE TO 

PORTABLE DIESEL ENGINES AND DIESEL ENGINES USED IN 

OFF-ROAD AND ON-ROAD VEHICLES 

 

Stationary Source Division 

Program Evaluation Branch 

Release Date: December 10, 2009 

California Environmental Protection Agency 

AIR RESOURCES BOARD 

STAFF REPORT: INITIAL STATEMENT OF REASONS 

FOR PROPOSED RULEMAKING

Public Hearing to Consider 

Proposed Amendments to the Regulations Applicable to Portable Diesel 

Engines and Diesel Engines Used in Off-Road and On-Road Vehicles 

To be considered by the Air Resources Board on January 28, 2010 at: 

California Environmental Protection Agency 

Headquarters Building 

1001 “I” Street 

Byron Sher Auditorium 

Sacramento, California 

This report has been reviewed by the staff of the California Air Resources Board and 

approved for publication. Approval does not signify that the contents necessarily reflect 

the views and policies of the Air Resources Board, nor does mention of trade names or 

commercial products constitute endorsement or recommendation for use. 

California Environmental Protection Agency

AIR RESOURCES BOARD 

PROPOSED AMENDMENTS TO THE REGULATIONS APPLICABLE TO 

PORTABLE DIESEL ENGINES AND DIESEL ENGINES USED IN 

OFF-ROAD AND ON-ROAD VEHICLES

Primary Author

Joseph Gormley 

Contributing Authors

David Brown 

Zuzana Vona 

Cherie Rainforth 

Rich Miller 

Legal Counsel

George Poppic, Office of Legal Affairs 

Reviewed By: 

Robert D. Fletcher, Chief, Stationary Source Division 

Jorge Fernandez, Chief, Program Evaluation Branch 

Michael Guzzetta, Manager, Rule Evaluation Section 

Acknowledgements

This report was prepared with the assistance and support from the other divisions and 

offices of the Air Resources Board. In addition, we would like to acknowledge the 

assistance and cooperation that we have received from many individuals and 

organizations. 

TABLE OF CONTENTS 

Section Page

Executive Summary................................................................................i 

I. Introduction................................................................................I-1 

II. Portable Equipment Use and Existing Regulatory Programs................II-1 

III. Summary of the Proposed Amendments.........................................III-1 

IV. Environmental Impacts.................................................................IV-1 

V. Economic Impacts.......................................................................V-1 

Appendices

Appendix A: Proposed Amendments to the Statewide Portable Equipment 

Registration Program Regulation 

Appendix B: Proposed Amendments to the Airborne Toxic Control Measure 

For Diesel Particulate Matter From Portable Engines

Appendix C: Proposed Amendments to the Regulation for In-Use Off-Road 

Diesel-Fueled Fleets 

Appendix D: Proposed Amendments to the Regulation for In-Use On-Road 

Heavy-Duty Diesel Vehicles 

Appendix E: Discussion of the Emission Factor for Tier 1 Engines <175 bhp 

Appendix F: List of Acronyms 

i 

Executive Summary 

A. INTRODUCTION

This report comprises the Initial Statement of Reasons for the Air Resources Board’s 

(ARB or Board) proposed amendments to the: 

• Statewide Portable Equipment Registration Program Regulation (Statewide PERP 

Regulation or PERP); 

• Airborne Toxic Control Measure for Diesel Particulate Matter from Portable 

Engines (Portable Engine ATCM); 

• Regulation for In-Use Off-Road Diesel-Fueled Fleets (Off-Road Vehicle 

Regulation); and 

• Regulation for In-Use On-Road Heavy-Duty Diesel-Fueled Vehicles (On-Road 

Vehicle Regulation) 

The Initial Statement of Reasons is required pursuant to the Administrative Procedures 

Act (Government Code 11340 et seq.). 

This Executive Summary provides an overview of the proposed amendments, a 

summary of staff recommendations, and a brief discussion of the environmental and 

economic impacts resulting from the proposal. The main report provides a more 

detailed presentation of the technical aspects of the proposed amendments. 

B. BACKGROUND 

There are four regulations affected by this rulemaking as discussed below. 

• The Statewide PERP Regulation: The ARB was mandated by California Health 

and Safety Code (HSC) sections 41750 through 41755 to adopt a regulation to 

establish a uniform statewide program for the voluntary registration and 

regulation of portable engines and equipment units in California. Once registered 

in this voluntary program, portable engines and equipment units may operate 

throughout the State without having to obtain permits from the local air pollution 

control and air quality management districts (districts or local air districts). Thus, 

the program provides industry with the flexibility to operate portable engines and 

equipment units under a uniform statewide registration program. The Board 

originally approved the Statewide PERP Regulation on March 27, 1997, and 

subsequently amended it on December 10, 1998, February 26, 2004, 

June 22, 2006, March 22, 2007, and December 11, 2008. 

• The Portable Engine ATCM: The Board approved the Portable Engine ATCM on 

February 26, 2004 to reduce the emissions of diesel particulate matter (PM) from 

diesel-fueled portable engines, and was subsequently amended by the Board on 

March 22, 2007 and December 11, 2008. The Portable Engine ATCM is one 

element in the implementation of ARB’s “Risk Reduction Plan to Reduce PM 
ii 

Emissions from Diesel-Fueled Engines and Vehicles” (Diesel Risk Reduction 

Plan). It establishes requirements for diesel-fueled engines that are registered 

with ARB or permitted by, or registered with, the districts. 

The Portable Engine ATCM contains a requirement that all diesel engines 

operating with a permit or registration in California must be certified to an off-road 

emission standard contained in 40 CFR Part 89 or stop operating by 

January 1, 2010, except for those engines designated as emergency use or low 

use. This requirement was first established in 1997 as part of the Statewide 

PERP Regulation, giving businesses up to 13 years to plan for the replacement 

or retirement of the older engines. 

In 2004, this requirement was moved from the Statewide PERP Regulation to the 

Portable Engine ATCM so that it would apply to all diesel engines statewide, not 

just those registered in PERP. The Statewide PERP Regulation maintains a 

similar requirement for older spark-ignition engines to be put out of service by the 

same date. The owners of older spark-ignition engines have the option of 

seeking permits with the districts in lieu of complying with the January 1, 2010 

deadline in PERP. Currently, there are over 4,300 companies and public 

agencies with about 29,000 engines registered in PERP. Of these, about 

75 percent hold registrations for certified engines only, so they are already in full 

compliance with the January 1, 2010 requirement. 

• Off-Road Vehicle Regulation: The Board approved the Off-Road Vehicle 

Regulation on July 26, 2007 to reduce the emissions of diesel particulate matter 

(PM) and nitrogen oxides (NOx) from diesel-fueled engines that drive off-road 

vehicles. The Board subsequently amended the regulation on 

December 11, 2008, January 22, 2009, and July 23, 2009. The Off-Road Vehicle 

Regulation is part of ARB’s Diesel Risk Reduction Plan. It establishes 

requirements for the reporting of diesel vehicles to ARB, as well as the 

accelerated turnover of engines in these vehicles to cleaner engines and the 

installation of verified diesel emission control systems. The December 11, 2008 

amendments also made both engines on all two-engine cranes subject to the 

requirements of the Off-Road Vehicle Regulation. Previously, the lower drive 

engine was subject to either the Off-Road or On-Road Vehicle Regulation and 

the upper auxiliary engine was subject to the Portable Engine ATCM. 

• On-Road Vehicle Regulation: The Board approved the On-Road Vehicle 

Regulation on December 11, 2008 to reduce the emissions of PM from dieselfueled engines that drive on-road trucks and buses. The On-Road Vehicle 

Regulation is another part of ARB’s Diesel Risk Reduction Plan. It establishes 

requirements for the registration of on-road vehicle engines with the ARB and 

reduction of both NOx and PM from the engines on these vehicles. 

In recent months, numerous owners of portable engines and some local air districts 

have expressed concerns about their ability to comply with the requirement to replace 

all uncertified portable engines by January 1, 2010. Many of these owners have 
iii 

indicated that, in large part due to the slower economy, they lack the ongoing revenues 

to replace older engines with new, less polluting models. In response, ARB staff is 

proposing to allow smaller fleet owners the ability to phase-in compliance by deferring a 

limited number of uncertified engines until January 1, 2011. This phased-in approach is 

consistent with other ARB diesel rules and provides some relief in recognition of the 

economic climate and the difficulty in obtaining financing for replacement engines for 

smaller companies. The staff’s proposal will provide some relief to over 90 percent of 

the companies that currently have uncertified engines, yet retains over 70 percent of the 

emissions benefits of the rule expected in 2010, and the full benefits by 2011. 

In addition, members of the California Groundwater Association (CGA) expressed 

concern that the replacement of older deck engines on existing two-engine water well 

drilling rigs is either technologically infeasible or severely cost prohibitive, which would 

force these rigs out of service without replacement. Because engine replacement on 

these drilling rigs is often not possible, the only other option would be to purchase a new 

drilling rig, which can cost several hundred thousand dollars. This would significantly 

impact the water well drilling industry. There are currently no available assistance funds 

for the retrofitting of water well drilling rigs. The technical issues are very similar to the 

issues with two-engine cranes, which were addressed in previous amendments. CGA 

contends that, with the current drought conditions facing California, the need for these 

water well drilling rigs is crucial; therefore, their retirement could have a detrimental 

effect on water availability in the State. 

To address the issues identified above, ARB staff, in consultation with affected industry 

and the local air districts, developed proposed amendments to the Statewide PERP 

Regulation, the Portable Engine ATCM, the Off-Road Vehicle Regulation and the OnRoad Vehicle Regulation. The proposed amendments would provide a one year 

extension of the deadline for certain uncertified engines, provide for the eligibility of 

certain types of engines, and modify the PERP recordkeeping and reporting 

requirements. In addition, the amendments would make both engines on all two-engine 

water well drilling rigs subject to the requirements of the Off-Road Vehicle Regulation, 

whereas currently the lower drive engine is subject to the On-Road Vehicle Regulation 

and the auxiliary deck engine is subject to the Portable Engine ATCM. The proposed 

amendments would also provide additional clarity and enforceability to the Statewide 

PERP Regulation and Portable Engine ATCM, and ensure consistency between 

regulatory requirements and registration practices. 

C. PORTABLE EQUIPMENT AND CURRENT REGULATIONS 

1. What is portable equipment?

Portable equipment is any piston-driven internal combustion engine and/or equipment 

unit that is designed and capable of being carried or moved from one location to another 

and would remain at a single location for less than 12 consecutive months. Unlike 

stationary engines and equipment, portable equipment may be moved to multiple 

locations throughout the State, where it may operate for several hours or several 

months. Portable engines and equipment units registered in the Portable Equipment 
iv 

Registration Program are used for a variety of applications, such as: water pumps; 

military tactical support equipment (TSE); cranes; oil well drilling; servicing and 

work-over rigs; power generators; dredging equipment; rock crushing; and screening 

equipment; welding equipment; wood chippers; and compressors. 

2. What types of businesses and public agencies use portable equipment?

Both private businesses and public agencies operate portable equipment. The types of 

businesses that own portable equipment include motion picture studios; amusement 

parks; utilities; telecommunications; construction services; crushing, screening, and 

recycling services; industrial cleaning services; marine construction and dredging 

services; oil and gas operations; and rental services. Public agencies include schools 

and universities, county landfills, municipal utilities, wastewater treatment facilities, 

defense, public works departments, and transportation agencies. 

3. How is portable equipment regulated in California? 

a. ARB/U.S. EPA Off-road Engines Standards 

Since January 1, 1996, new diesel-fueled portable engines sold in California have been 

subject to ARB’s Off-Road Compression Ignition emission standards. These standards 

are equivalent to the U.S. Environmental Protection Agency (U.S. EPA) emission 

standards for newly manufactured nonroad engines. In California statutes, nonroad 

engines are referred to as off-road engines; therefore, these engines will be referred to 

as “off-road” in this report. The standards are tiered (i.e. Tier 1, 2, 3, and 4) with each 

set of standards phased in over several years based on the power rating of the engine 

and becoming progressively more stringent with each tier introduced. 

Since January 1, 2001, newly-manufactured large (greater than 25 bhp) spark-ignition 

(LSI) engines sold in California have been subject to ARB’s off-road LSI standards. 

The U.S. EPA also adopted federal standards that were equivalent to ARB standards, 

but also included a more stringent standard. Beginning in 2007, new LSI engines must 

meet a combined standard for oxides of nitrogen (NOx) and hydrocarbons (HC) of 

2.0 grams per brake horsepower-hour (g/bhp-hr). 

b. Airborne Toxic Control Measure for Diesel-Fueled Portable Engines 

The current Portable Engine ATCM requires portable diesel-fueled engines that have 

not been permitted or registered prior to January 1, 2006, to meet the most stringent of 

the federal or California emission standards for nonroad engines in effect at the time of 

registration or permitting, unless they meet certain California residency criteria. This 

requirement was also incorporated into the Statewide PERP Regulation. 

c. Portable Equipment Unit Standards 

Registered equipment units are required to meet emission limits (82 pounds per day 

and 10 tons per year per district of PM10 (particulate matter sized less than 
v 

10 microns)) as well as emission control requirements based on the type of equipment 

unit. 

d. District Permit Programs 

Permit requirements vary from district to district depending on the state of the air quality 

in the district. While some districts exempt portable engines altogether, other districts 

may require portable engines to meet emission limits that are equivalent to Best 

Available Control Technology (BACT). For some districts, BACT for portable engines 

means that the engine is certified to ARB/U.S. EPA off-road emissions standards. 

Districts may also restrict the operating hours of portable engines to reduce air quality 

impacts to acceptable levels. An owner that operates portable equipment in multiple 

districts would be required to obtain a permit from each district, pay fees, and adhere to 

different sets of regulations as they move equipment among different districts. 

e. Statewide Portable Equipment Registration Program 

In lieu of obtaining multiple permits from individual districts, a portable equipment owner 

can register in PERP. Currently, portable equipment owners have registered in PERP 

over 38,000 engines, equipment units, and military TSE. Of this amount, there are over 

29,000 engines registered which represent about 75 percent of the estimated statewide 

inventory of portable engines. Most of the engines are diesel-fueled engines. The 

Statewide PERP Regulation was designed to promote the use of clean portable engines 

in California. 

 f. Portable Engines on Cranes and Street Sweepers

In December of 2008, the Board approved amendments that made the portable engine 

used on a two-engine crane subject to the Off-Road Vehicle Regulation and the 

portable engine used on a two-engine street sweeper subject to the On-Road Vehicle 

Regulation. Because these engines still meet the definition of portable, they may still be 

subject to district permitting requirements, and therefore have the option to register in 

PERP. If registered in PERP, the engines are then subject only to the inspection 

requirements and fees prescribed by the Statewide PERP Regulation. 

D. PUBLIC PROCESS 

ARB staff held a public workshop on November 9, 2009 in Sacramento to solicit 

comments from the public on the proposed amendments. The Sacramento workshop 

was also broadcast on the internet for meeting participants that were unable to attend in 

person. Broadcast viewers were able to submit comments and questions by email 

during the workshop so that staff could address their concerns or answer their 

questions. Staff also used an e-mail list serve to notify interested parties of the 

workshop and the availability of information to be discussed at the workshop. In 

addition, a web site was developed where interested parties could download information 

such as the workshop agenda and staff proposal, as well as providing links to 

other-related ARB websites. The website address is located at 

http://www.arb.ca.gov/portable/portable.htm.
vi 

Staff also participated in individual meetings and conference calls with affected 

industries to address specific concerns. In addition, staff worked closely with the 

California Air Pollution Control Officers Association (CAPCOA) in drafting the proposed 

amendments. Staff revised the proposed amendments to the Statewide PERP 

Regulation and Portable Engine ATCM in consideration of the comments received 

during the public process. Staff made every effort to consider all comments and 

recommendations received. 

E. SUMMARY OF THE PROPOSED AMENDMENTS 

The proposed amendments are summarized below:

1. Non-Certified Engine Extension

ARB staff proposes to allow owners of small fleets to designate certain engines to 

operate for one additional year beyond the current January 1, 2010 cessation of 

operations date. Under this proposal, owners of no more than 25 total portable engines 

would be able to choose either one engine of any size or up to five engines that 

collectively do not exceed 500 bhp to operate until December 31, 2010. These engines 

must have been previously registered in PERP or permitted by a district. Qualifying 

fleet owners will have to submit a written request to designate which engines they want 

to continue operating under this provision. 

2. On-Highway and Marine Engines

ARB staff proposes to allow engines used in portable applications that are certified to 

the on-highway emission standards contained in 40 CFR Part 86 and used in portable 

applications to operate beyond January 1, 2010. These on-highway engines will 

become part of the portable fleet and will be subject to the fleet emission standards 

contained in the Portable Engine ATCM. ARB staff also proposes to allow on-highway 

engines and engines certified to marine emission standards in 40 CFR Part 94 or 

40 CFR Part 1042 to be eligible for PERP. 

3. Recordkeeping and Reporting

ARB staff proposes to reduce the amount of recordkeeping for certified engines 

registered in PERP which are not subject to any emission limitations. Staff believes that 

the Statewide PERP Regulation may be effectively implemented with reduced 

recordkeeping and reporting requirements. Staff also proposes to remove the annual 

reporting requirement for these certified engines. Engines and equipment units with 

emission limitations will continue to have daily recordkeeping and annual reporting 

requirements of the applicable operational data. Staff proposes to require that the 

specific location and date is recorded on a regular basis for certified engines and each 

time it is moved for non-certified engines and equipment units. 
vii 

4. Vendor Sales Report

ARB staff proposes to remove the vendor sales report from the Statewide PERP 

Regulation. 

5. Water Well Drilling Rigs

ARB staff proposes to add a definition for two-engine water well drilling rigs. Both of the 

engines on these rigs will be subject to the Off-Road Vehicle Regulation, and exempted 

from the On-Road Vehicle Regulation and Portable Engine ATCM. Because the 

auxiliary deck engine still meets the definition of portable, it may be subject to district 

permitting requirements and therefore has the option of being registered in PERP. If 

registered in PERP, the engines are then subject only to the inspection requirements 

and fees as prescribed by the Statewide PERP Regulation. The reporting date for 

water well drilling rigs in the Off-Road Vehicle Regulation will also be extended to allow 

time for the owners of drilling rigs that were previously not subject to this regulation to 

enter their rigs into ARB’s reporting system.

6. Miscellaneous Amendments

ARB staff proposes to modify, add, and delete terms in the definitions section, delete 

outdated provisions, and make minor revisions where needed. These changes are 

generally non-substantive and are intended to provide additional clarity and expediency 

to the Statewide PERP Regulation and Portable Engine ATCM, and to ensure 

consistency between regulatory requirements and registration processing practices. 

F. ENVIRONMENTAL AND ECONOMIC IMPACTS OF THE PROPOSED 

AMENDMENTS 

1. What are the expected environmental impacts of the proposed amendments?

It is expected that the proposed amendments to the Statewide PERP Regulation and 

Portable Engine ATCM would likely result in a one year delay of a portion of the 

reductions of NOx and diesel PM emissions anticipated by the current regulations. With 

the current requirement to remove uncertified engines, the expected emission 

reductions are approximately 9,200 tons per year of NOx and 700 tons per year of PM 

starting January 1, 2010. With the proposed amendments, certain older engines would 

be able to continue operating until December 31, 2010, resulting in an estimated loss of 

emission reductions of about 2,400 tons for NOx and 200 tons for PM. Thus, even with 

the proposed amendments, the regulations will retain over 70 percent of the benefits in 

2010. 

It is further expected that the proposed amendments to the Off-Road Vehicle Regulation 

and On-Road Vehicle Regulation will also result in a delay of the reductions of NOx and 

diesel PM emissions, although the actual amounts are difficult to precisely quantify due 

to lack of complete information regarding the number and size of affected engines. 

Currently in PERP, there are 80 uncertified engines on water well drilling rigs subject to 

the January 1, 2010 replacement requirement contained in the Portable Engine ATCM. 

These engines have a total cumulative size of 15,100 horsepower. Subjecting these 
viii 

engines to the Off-Road regulation rather than the Portable Engine ATCM will result in 

an estimated delay of about 150 tons for NOx and 10 tons for PM per year until the 

requirements of the Off-Road Vehicle Regulation take effect.1

 

2. What are the economic impacts of the proposed amendments? 

ARB staff estimates that the total economic impact of the proposed amendments to the 

Portable Engine ATCM to affected private businesses and public agencies would be 

a temporary savings of $66 million for one year ($55 million for private businesses and 

$11 million for public agencies). The economic impact is due to the extension of the 

deadline for the replacement of non-certified engines. ARB staff estimates a negligible 

economic impact from the other proposed amendments to the Statewide PERP 

Regulation. These impacts would be due to the change in recordkeeping and reporting 

requirements. 

The cost to replace these non-certified engines is significant. The average cost of a 

new engine is approximately $175 per horsepower. An estimated 4,300 older engines, 

with a total of 1,035,000 horsepower, are subject to the current requirement to be 

replaced by January 1, 2010. The cost to replace all these engines would be about 

$180 million. With the current proposal, approximately 2,000 engines owned by about 

1,130 companies and public agencies with a combined horsepower of approximately 

375,000 will be eligible to operate for an additional year. With an expected cost of 

$66 million to replace these engines, these amendments will provide a maximum one 

year cost savings of that amount to the private businesses and public agencies. 

The cost to replace an auxiliary deck engine on a two-engine water well drilling rig 

ranges from $30,000 to $300,000 based on data gathered by contacting drilling rig 

manufacturers and dealers. Based on this survey data, the average cost to replace a 

deck engine on a water well drilling rig is $165,000. There are currently only 80 of these 

engines registered in PERP. The estimated cost to replace these engines as required 

by the Portable Engine ATCM would be about $13 million. 2By moving these deck 

engines into the Off-Road Vehicle Regulation, the cost of replacing or retrofitting the 

engines is delayed by either 3 or 5 years depending on whether the overall fleet size of 

each company qualifies at medium or small. 

 

1

 Other estimates from the California Groundwater Association place the number of uncertified deck 

engines on two-engine water drilling rigs to be near 420, but these estimates are not verified and are not 

used for any analysis. Furthermore, the estimated 420 engines on these rigs are neither permitted nor

registered. Some of the drilling rigs operate in local air districts where permits are not required. Using 

this estimate of 420 engines, the estimated cumulative size of these engines would be 79,200 bhp. Using 

the same assumptions, the estimated emissions from these engines would be 800 tons per year for NOx 

and 60 tons per year for PM. 

2

 As discussed in Footnote 1, the California Groundwater Association place the number of uncertified 

deck engines on two-engine water drilling rigs to be near 420 but these estimates are not verified and are 

not used for any official analysis. Based on these numbers, the cost to replace these estimated 

420 engines would be $69 million. 
ix 

G. NEXT STEPS 

Upon approval by the Board, ARB staff will continue to implement the Statewide PERP 

Regulation and conduct outreach efforts with affected parties, industry associations, and 

governmental agencies. ARB staff will also continue to work with CAPCOA and 

affected parties to inform owners and operators of PERP registered equipment of the 

amendments to the Statewide PERP Regulation, Portable Engine ATCM, Off-Road 

Vehicle Regulation, and On-Road Vehicle Regulation. ARB staff is also contacting 

industry associations in an effort to inform owners and operators of the proposed 

amendments.

H. RECOMMENDATION 

The staff recommends that the Board approve the proposed amendments to the 

Statewide PERP Regulation, the Portable Engine ATCM, and the On-Road and OffRoad Vehicle Regulations. The proposed amendments would retain the flexibility of 

operating registered engines and equipment units throughout the State without having 

to obtain multiple district permits. In addition, the amendments would provide clarity, 

provide limited and temporary relief for small business and government agencies, and 

give the districts the ability to effectively enforce the Statewide PERP Regulation. 

I-1 

I. INTRODUCTION 

In this Chapter, the ARB staff provides an overview of this report, discusses the purpose 

of the proposed amendments, and discusses the regulatory authority ARB has to adopt 

the proposed amendments. Included in this Chapter are background information on the 

Statewide PERP Regulation, the Portable Engine ATCM, and the On-Road and OffRoad Vehicle Regulations, as well as a discussion of the outreach efforts of ARB staff in 

developing the proposed amendments. 

A. OVERVIEW 

This staff report outlines ARB staff’s proposed amendments to the Statewide PERP 

Regulation (contained in Appendix A), the Portable Engine ATCM (contained in 

Appendix B), the Off-Road Vehicle Regulation (contained in Appendix C), and the 

On-Road Vehicle Regulation (contained in Appendix D) 

The Board originally approved the Statewide PERP Regulation on March 27, 1997, and 

subsequently amended it on December 10, 1998, February 26, 2004, June 22, 2006, 

March 22, 2007, and December 11, 2008. The Statewide PERP Regulation establishes 

a voluntary program for the registration and regulation of portable engines and 

equipment units operating in California. Once registered in this voluntary program, 

portable engines and equipment units can operate throughout the State without having 

to obtain permits from the districts. The districts, in conjunction with ARB, are 

responsible under State law for enforcing the requirements of the Statewide PERP 

Regulation. 

The Board approved the Portable Engine ATCM on February 26, 2004, to reduce the 

emissions of diesel particulate matter (PM) from diesel-fueled portable engines. The 

Board amended the regulation on March 22, 2007 and December 11, 2008. The 

Portable Engine ATCM is part of ARB’s Diesel Risk Reduction Plan. It establishes 

requirements for both the registration of diesel engines with the ARB and the permitting 

or registration of diesel engines by the districts.

The Statewide PERP Regulation was designed to promote the use of clean portable 

engines in California. By January 1, 2010, only diesel engines certified to 

ARB/U.S. EPA nonroad engine emission standards (Tier 1, 2, or 3) can continue to 

operate in PERP, unless designated as emergency or low use. This means that most 

diesel engines currently registered in the program that were not manufactured to meet 

an ARB/U.S. EPA nonroad engine certification standard must be replaced with certified 

engines by that date. The current Portable Engine ATCM clearly states that uncertified 

diesel engines must be put out of service by January 1, 2010, unless they are 

emergency use or low use. Therefore, engines must be so designated by that date or 

they must go out of service. Of the approximately 4,300 companies registered in PERP, 

about 75 percent hold registrations for certified engines only, so they are in full 

compliance with the January 1, 2010 requirement. After January 1, 2010, spark-ignition 

engines may continue to operate if they are certified to ARB/U.S. EPA LSI engine 
I-2 

standards, or if they can meet the emission standards listed in Table 1 of the Statewide 

PERP Regulation. 

The Board approved the Off-Road Vehicle Regulation on July 26, 2007 to reduce the 

emissions of diesel particulate matter (PM) from diesel-fueled engines that drive 

off-road vehicles, and subsequently amended it on December 11, 2008, 

January 22, 2009, and July 23, 2009. The Off-Road Vehicle Regulation is also part of 

ARB’s Diesel Risk Reduction Plan. It establishes requirements for the reporting of 

off-road vehicle engines with the ARB and reduction of both NOx and PM from the 

engines on these vehicles. The December 11, 2008 amendments made both engines 

on all two-engine cranes subject to the requirements of the Off-Road Vehicle 

Regulation. Previously, the lower drive engine was subject to either the Off-Road or 

On-Road Vehicle Regulation and the upper auxiliary engine was subject to the Portable 

Engine ATCM. 

The Board approved the On-Road Vehicle Regulation on December 11, 2008 to reduce 

the emissions of diesel particulate matter (PM) from diesel-fueled engines that drive 

on-road trucks and buses. The On-Road Vehicle Regulation is another part of ARB’s 

Diesel Risk Reduction Plan. It establishes requirements for the registration of on-road 

vehicle engines with the ARB and reduction of both NOx and PM from the engines on 

these vehicles. 

Finally, the Board adopted the Airborne Toxic Control Measure for Diesel Engines on 

Commercial Harbor Craft to control in-use emissions from diesel engines on harbor craft 

such as ferries, excursion vessels, tugboats, and towboats. This measure also includes 

new engine requirements for all harbor craft including dredges and barges. Engines on 

new vessels and engines replacing in-use engines must meet the U.S. EPA marine 

engine standards in effect at the time of vessel or engine acquisition. The U.S. EPA 

marine engine standards are tiered standards (Tiers 1, 2, 3, or 4) that were promulgated 

in 40 CFR Part 94 (Tiers 1 and 2) and 40 CFR Part 1042 (Tiers 3 and 4). The definition 

of a portable engine definition includes dredge engines on a boat or barge and these 

engines have been historically required to obtain a permit by districts. These engines 

were eligible for registration in PERP, until that eligibility was removed in the previous 

amendments adopted on June 22, 2006. 

In recent months, numerous owners of portable engines and some local air districts 

have expressed concerns about their ability to comply with the requirement to replace 

all uncertified portable engines by January 1, 2010. Many of these owners have 

indicated that, in large part due to the slower economy, they lack the ongoing revenues 

to replace older engines with new, less polluting models. In response, ARB staff is 

proposing to allow smaller fleet owners the ability to phase-in compliance by deferring a 

limited number of uncertified engines until January 1, 2011. This phased-in approach is 

consistent with other ARB diesel rules and provides some relief in recognition of the 

economic climate and the difficulty in obtaining financing for replacement engines for 

smaller companies. The staff’s proposal will provide some relief to over 90 percent of 

the companies that currently have uncertified engines, yet retains over 70 percent of the 

emissions benefits of the rule expected in 2010, and the full benefits by 2011. 
I-3 

In addition, members of the California Groundwater Association (CGA) expressed 

concern that the replacement of older deck engines on existing two-engine water well 

drilling rigs is either technologically infeasible or severely cost prohibitive, which would 

force these rigs out of service without replacement. Because engine replacement on 

these drilling rigs is often not possible, the only other option would be to purchase a new 

drilling rig, which can cost several hundred thousand dollars. This would significantly 

impact the water well drilling industry. There are currently no available assistance funds 

for the retrofitting of water well drilling rigs. The technical issues are very similar to the 

issues with two-engine cranes, which were addressed in previous amendments. CGA 

contends that, with the current drought conditions facing California, the need for these 

water well drilling rigs is crucial; therefore, their retirement could have a detrimental 

effect on water availability in the State. 

To address the issues identified above, ARB staff, in consultation with affected industry 

and the districts, developed proposed amendments to the Statewide PERP Regulation, 

the Portable Engine ATCM, the Off-Road Vehicle Regulation and the On-Road Vehicle 

Regulation. The proposed amendments will provide a one year extension of the 

deadline for certain uncertified engines, provide for the eligibility of certain types of 

engines, and modify the PERP eligibility, recordkeeping, and reporting requirements. In 

addition, the amendments make both engines on all two-engine water well drilling rigs 

subject to the requirements of the Off-Road Vehicle Regulation, whereas currently the 

lower drive engine is subject to the On-Road Vehicle Regulation and the auxiliary deck 

engine is subject to the Portable Engine ATCM. The proposed amendments will also 

provide additional clarity and enforceability to the Statewide PERP Regulation and 

Portable Engine ATCM, and ensure consistency between regulatory requirements and 

registration practices. 

This report discusses portable equipment use and existing regulatory programs for 

portable equipment and summarizes the proposed amendments to the Statewide PERP 

Regulation, Portable Engine ATCM, Off-Road Vehicle Regulation, and On-Road Vehicle 

Regulation. Chapters IV and V discuss the environmental and economic impacts of the 

proposal. 

B. PURPOSE 

The primary purpose of the proposed amendments to the Statewide PERP Regulation 

and Portable Engine ATCM is to address a number of concerns expressed by impacted 

businesses and to clarify that any registered auxiliary deck engine on a two-engine 

water well drilling rig is subject to the Off-Road Vehicle Regulation instead of the 

Portable Engine ATCM. In addition, staff is proposing minor changes to increase clarity 

and enforceability of the regulation. 

The primary purpose of the amendments to the Off-Road Vehicle Regulation is to make 

both engines on two-engine water well drilling rigs subject to the regulation. The 

primary purpose of the amendments to the On-Road Vehicle Regulation is to exempt 

the drive engine on two-engine water well drilling rigs from the regulation. 
I-4 

C. REGULATORY AUTHORITY 

Statewide PERP Regulation

California Health and Safety Code (HSC) sections 41750 through 41755 mandate that 

the ARB adopt a regulation to establish a uniform statewide program for the registration 

and regulation of portable engines. In developing these regulations, ARB is required to 

evaluate emissions, identify emission control technologies, hold public hearings, 

establish emission limits and control requirements, and develop a fee schedule to cover 

the costs to adopt and administer the program, including the cost of district 

enforcement. HSC section 41752(e) specifies that the Board may periodically revise 

and update the registration regulations including, but not limited to, revising and 

updating a determination of best available control technology for portable engines. As 

stated earlier, the Board approved the Statewide PERP Regulation on March 27, 1997, 

and amended it on December 10, 1998, February 26, 2006, June 22, 2006, 

March 22, 2007, and December 11, 2008. 

In addition, HSC sections 39600 (General Powers) and 39601 (Standards, Definitions, 

Rules, and Measures) confers on ARB the general authority and obligation to adopt 

rules and measures necessary to execute the Board's powers and duties imposed by 

State law. The California Clean Air Act of 1988 granted ARB authority to adopt 

standards and regulations for off-road vehicles and equipment. (HSC sections 43013(b) 

and 43018). 

Portable Engine ATCM, Off-Road Vehicle Regulation, and On-Road Vehicle Regulation

Several sections of the HSC provide the ARB with authority to adopt the proposed 

Portable Engine ATCM. HSC sections 39600 (General Powers) and 39601 (Standards, 

Definitions, Rules, and Measures) confer to the ARB the general authority and 

obligation to adopt rules and measures necessary to execute the Board's powers and 

duties imposed by State law. In addition, HSC sections 43013 and 43018(a) provide 

broad authority to achieve the maximum feasible and cost-effective emission reductions 

from all mobile source categories, including both on-road and off-road diesel engines. 

Regarding in-use motor vehicles, HSC sections 43600 and 43701(b) respectively grant 

ARB authority to adopt emission standards and emission control equipment 

requirements. 

More specifically, California's Air Toxics Program, established under California law by 

Assembly Bill (AB) 1807 (Stats. 1983, Ch. 1047), and set forth in HSC sections 39650 

through 39675, mandates the identification and control of air toxics in California. The 

identification phase of the Air Toxics Program requires the ARB, with participation of 

other state agencies, such as the Office of Environmental Health Hazard Assessment 

(OEHHA), to evaluate the health impacts of and exposure to substances and to identify 

those substances that pose the greatest health threat as toxic air contaminants (TACs). 

The ARB's evaluation is made available to the public and is formally reviewed by the 

Scientific Review Panel (SRP), established under HSC section 39670. Following the 

ARB's evaluation and the SRP's review, the Board may formally identify a TAC at a 

public hearing. Following the identification of a substance as a TAC, HSC sections 
I-5 

39658 and 39665 require the ARB, with the participation of the districts, and in 

consultation with affected sources and interested parties, to prepare a report on the 

need and appropriate degree of regulation for that substance (risk management phase). 

In August 1998, the Board identified diesel PM as a TAC, and in September 2000, the 

ARB adopted the Diesel Risk Reduction Plan. The Diesel Risk Reduction Plan was the 

first formal product of the risk management phase and serves as the needs assessment 

under the AB 1807 process. In the Diesel Risk Reduction Plan, the ARB identified the 

available options to reduce diesel PM and the recommended control measures to 

achieve reductions, including a measure to reduce diesel PM from diesel-fueled 

portable engines. 

In 1999, California’s Air Toxics Program was amended by Senate Bill 25 (Stats. 1999, 

Ch. 731) to provide additional requirements for further consideration of health impacts to 

infants and children. As part of these requirements, OEHHA was to identify up to five 

TACs as making children especially susceptible to illness. OEHHA published the 

"Prioritization of Toxic Air Contaminants under the Children's Environmental Health 

Protection Act" in October 2001, identifying diesel PM as one of the five TACs. 

Additional requirements established by Senate Bill 25 in Health and Safety Code 

section 39669.5 directs the ARB to adopt control measures, as appropriate, to protect 

public health, particularly infants and children, from these specially identified TACs. 

This Portable Engine ATCM, the Off-Road Vehicle Regulation, and the On-Road 

Vehicle Regulation were established to fulfill the goals of the Diesel Risk Reduction Plan 

and to comply with the requirements of HSC section 39666 and 39669.5 to prevent an 

endangerment to public health. 

D. PUBLIC PROCESS 

ARB staff held public a workshop on November 9, 2009 in Sacramento to solicit 

comments from the public on the proposed amendments. The Sacramento workshop 

was also broadcast on the internet for meeting participants that were unable to attend in 

person. Broadcast viewers were able to submit comments and questions by email 

during the workshop so that staff could address their concerns or answer their 

questions. Staff also used an e-mail list serve to notify interested parties of the 

workshop and the availability of information to be discussed at the workshop. In 

addition, a web site was developed where interested parties could download information 

such as the workshop agenda and staff proposal, as well as providing links to 

other-related ARB websites. The website address is located at 

http://www.arb.ca.gov/portable/portable.htm.

Staff also participated in individual meetings and conference calls with affected 

industries to address specific concerns. In addition, staff worked closely with the 

California Air Pollution Control Officers Association (CAPCOA) in drafting the proposed 

amendments. Staff revised the proposed amendments to the Statewide PERP 

Regulation and Portable Engine ATCM in consideration of the comments received 
I-6 

during the public process. Staff made every effort to consider all comments and 

recommendations received. 
II-1 

II. PORTABLE EQUIPMENT USE AND EXISTING REGULATORY PROGRAMS 

This chapter describes the uses of portable equipment (engines and equipment units) 

that are registered in PERP. In addition, this chapter describes the types of businesses 

that use portable equipment and the existing regulatory programs that currently impact 

portable engines used in California. 

A. SUMMARY OF PORTABLE EQUIPMENT USE AND ACTIVITIES 

Portable equipment is any piston-driven internal combustion engine and/or equipment 

unit that is designed and capable of being carried or moved from one location to another 

and would remain at a single location for less than 12 consecutive months. Unlike 

stationary engines or equipment, portable equipment may be moved to several 

locations throughout the State, where it may operate for several hours or several 

months. Portable engines and equipment units registered in PERP are used for a 

variety of applications, such as: water pumps, military tactical support equipment, 

cranes, oil well drilling, servicing and work-over rigs, power generators, dredging 

equipment, rock crushing and screening equipment, welding equipment, wood chippers, 

and compressors. 

Both private businesses and public agencies operate portable equipment in California. 

Examples of businesses that use portable engines in their activities include motion 

picture studios; amusement parks; utilities; construction services; crushing, screening, 

and recycling services; industrial cleaning services; marine construction and dredging 

services; oil and gas companies; and rental services. Examples of public agencies that 

use portable engines include public schools and universities, local governments, county 

landfills, municipal utilities, wastewater treatment facilities, military installations, and the 

California Department of Transportation. 

There is significant variation in the size as well as the way that portable engines are 

used. The size of engines can range from about 50 horsepower to greater than 

3,000 horsepower. The average annual operating hours for portable diesel-fueled 

engines is about 450 hours per year. Due to the mobile nature of portable engines, the 

emissions typically would not occur in one location, but would be spread out over many 

locations over the course of a year. In addition, the actual operation of a specific engine 

can vary significantly from the average. For example, engines used only for emergency 

applications may operate less than 20 hours per year. Conversely, some portable 

activities can operate more than 2,000 hours per year. Finally, the engine’s load varies, 

depending upon the application. The average load is typically 50 percent of maximum 

load. Similar to the variability in the hours of operations, an engine's load can vary 

significantly from application to application, from 25 percent to 80 percent of maximum 

load. 

B. EXISTING REGULATORY PROGRAMS 

This section describes the federal preemption that limits the authority of ARB and 

districts to regulate portable engines. This section also describes specific federal, 

State, and local programs that currently impact portable engines used in California, 
II-2 

including ARB/U.S. EPA emission standards for newly manufactured off-road engines, 

marine engines, PERP, and the district permitting programs. All of these programs play 

a role in the efforts of ARB and the districts to attain the State and federal ambient air 

quality standards, particularly the ozone and particulate matter standards. 

Consequently, the focus of the programs has been to reduce emissions of NOx and PM, 

and to a lesser extent emissions of carbon monoxide (CO) and hydrocarbons (HC). 

1. Federal Preemption 

The federal Clean Air Act (CAA) Amendments of 1990 authorized U.S. EPA to regulate 

new nonroad engines. The amendments created a federal preemption that prevents 

states from adopting emission standards or other requirements for nonroad engines 

(CAA, section 209(e)). Portable engines are a subset of off-road engines. However, 

recognizing the special circumstances confronting California, Congress provided that 

the State of California, upon receiving authorization from the U.S. EPA, can adopt and 

enforce standards for most classes and categories of off-road engines. In California 

statutes, nonroad engines are referred to as off-road engines; therefore, these engines 

will be referred to as “off-road” in this report. 

The federal preemption prevents all states, including California, from setting standards 

for regulating new off-road engines less than 175 hp that are used in farm and 

construction operations. However, states do maintain the authority to establish in-use 

restrictions such as limiting the hours of operation. 

 2. State and Federal New Engine Emission Standards 

a. Compression-Ignition Engine Standards 

Since January 1, 1996, new diesel fueled portable engines sold in California have been 

subject to ARB’s Off-Road Compression Ignition emission standards (title 13, California 

Code of Regulations (CCR), sections 2320 et seq.), which are equivalent to the 

U.S. EPA emission standards for newly manufactured nonroad (off-road) engines 

(40 CFR, Part 89). The standards are tiered (i.e. Tier 1, 2, 3, and 4), with each set of 

standards phased in over several years based on the power rating of the engine and 

becoming progressively more stringent with each Tier introduced. 

b. Airborne Toxic Control Measure for Diesel-Fueled Portable Engines 

The Portable Engine ATCM requires portable diesel-fueled engines that have been 

permitted or registered prior to January 1, 2006, to be retired or replaced with certified 

engines by January 1, 2010, with certain limited exceptions. The Portable Engine 

ATCM also imposes fleetwide emissions standards for PM10 which get progressively 

more stringent by 2013, 2017, and 2020. 

c. Spark-Ignition Engine Standards 

As mentioned above, the CAA Amendments provided for ARB to adopt and enforce its 

own standards and regulations for off-road engines. Since January 1, 2001, 

newly-manufactured large (greater than 25 bhp) spark-ignition (LSI) engines sold in 

California have been subject to ARB’s off-road LSI engine standards (Title 13, CCR 

sections 2410 et seq.). The standards are also tiered. The U.S. EPA also adopted 
II-3 

federal standards (found in 40 CFR Part 1048 (Control of Emissions from New, Large 

Nonroad Spark-ignition Engines)) that were equivalent to ARB standards, but also 

included a more stringent standard. Beginning in 2007, new LSI standards must meet a 

combined standard for NOx and HC of 2.0 grams per brake horsepower-hour 

(g/bhp-hr). 

 d. Marine Engine Standards 

The U.S. EPA finalized Tier 1 and Tier 2 engine standards for marine compression 

ignition engines with less than 30 liters per cylinder (40 CFR Part 94) in 

December 1999. Tier 3 and Tier 4 standards (40 CFR Part 1042) for these engines 

were finalized in May 2008. These standards apply to engines typically used in 

commercial harbor craft including dredges. 

3. Statewide Portable Equipment Registration Program

In lieu of obtaining multiple permits from individual districts, a portable engine owner can 

register the engine in PERP. As of October 26, 2009, portable engine and equipment 

unit owners have registered an estimated 38,000 total engines, equipment units, and 

military TSE in PERP. Of this amount, there are over 29,000 engines registered which 

represent nearly half of the estimated statewide inventory of portable engines. Of the 

29,000 engines, approximately 97 percent are diesel-fueled engines while the additional 

engines are gasoline, natural gas, kerosene, methanol, or liquid petroleum gas-fueled 

engines. 

There are also approximately 3,700 equipment units registered in PERP. Of these 

equipment units, approximately 40 percent are used in rock crushing and screening 

units, 23 percent media blasting units, 14 percent wood chippers. The remaining units 

include tub grinders, rock drills, conveyors, and other miscellaneous units. In addition, 

there are over 5,000 military TSE registered in the program. Approximately 90 percent 

of military TSE utilize diesel or JP-8 fueled engines. 

4. District Permit Programs 

Portable engines not registered in PERP may be subject to district permitting 

requirements. District permit requirements will vary, depending on the attainment status 

in the district. Some districts have implemented registration programs specifically for 

portable engines and equipment units. Owners of portable engines in these districts 

can register engines with the district by demonstrating the engines meet specific 

emission rates. Some districts specifically exempt portable engines from permit

requirements or have specific requirements for individual types of portable engines 

and/or equipment. 

5. Portable engines on cranes and street sweepers

In December of 2008, the Board approved amendments that made the portable engine 

used on a two-engine crane subject to the Off-Road Vehicle Regulation and the 

portable engine used on a two-engine street sweeper subject to the On-Road Vehicle 

Regulation. These engines, which continue to meet the definition of portable, may still 

be subject to district permitting requirements and therefore have the option to register in 
II-4 

PERP. If registered in PERP, the engines are then subject only to the inspection 

requirements and fees as prescribed by the PERP Regulation.
III-1 

III. SUMMARY OF THE PROPOSED AMENDMENTS 

This Chapter is intended to meet the requirements of Government Code section 11343.2 

by providing to the public a "plain English" discussion of the proposed amendments to 

the Statewide PERP Regulation, Portable Engine ATCM, Off-Road Vehicle Regulation, 

and On-Road Vehicle Regulation. 

A. MODIFICATIONS TO THE STATEWIDE PERP REGULATION 

The proposed amendments will provide a one year extension of the deadline for certain 

uncertified engines, provide for the eligibility of certain types of engines, specify that any 

water well deck engines registered in PERP are subject to the Off-Road Vehicle 

Regulation, and modify the PERP recordkeeping and reporting requirements. In 

addition, the proposed amendments will provide additional clarity and enforceability to 

the Statewide PERP Regulation, and ensure consistency between regulatory 

requirements and registration processing practices. 

1. Non-Certified Engine Extension

ARB staff proposes to allow owners of small fleets to choose a limited number of 

registered spark-ignition engines to operate for one additional year beyond the current 

cessation of operation date of January 1, 2010. This extension for spark-ignition engines 

will be in conjunction with the extension offered to compression-ignition engines in the 

Portable Engine ATCM. Under this proposal, owners of 25 or fewer total portable 

engines would be able to choose either one registered spark-ignition engine of any size 

or up to five engines that collectively do not exceed 500 bhp to operate until 

December 31, 2010. These organizations will have to submit a written request to 

specifically select which registered engines they want to receive the extension. If a 

company or agency uses the one year extension for a single large spark-ignition engine 

or up to five registered spark-ignition engines, they will not also get an additional 

extension for compression-ignition engines that they may own. However, the five 

engines receiving the registration extension can be a mix of spark-ignition and 

compression-ignition. 

2. Water Well Drilling Rigs

ARB staff proposes to add a definition for two-engine water well drilling rigs as being 

those only owned by companies with a current, valid C-57 water well drilling contractor’s 

license issued by the Contractors State License Board of California. The auxiliary deck 

engine would still meet the definition of portable; therefore, it may still be subject to 

district permitting requirements and has the option to register in PERP. The owners of 

the drilling rigs would have to submit a copy of the C-57 license with the PERP 

application. The staff is proposing to amend the regulation to specify that registered 

engines on water well drilling rigs would be subject to the requirements of the Off-Road 

Vehicle Regulation. If registered in PERP, the engines would then be subject only to the 

inspection requirements and fees as prescribed by the PERP Regulation. This proposal 

is the identical approach taken in previous amendments for two-engine cranes which 

have similar issues. 
III-2 

3. Recordkeeping and Reporting

ARB staff proposes to reduce the amount of recordkeeping for certified engines 

registered in PERP which are not subject to any emission limitations. Staff also 

proposes to remove the annual reporting requirement for these certified engines. 

Engines and equipment units with emission limitations will continue to have daily 

recordkeeping and annual reporting requirements of the applicable operational data. 

ARB staff also proposes to require that the owners or operators of all registered engines 

and equipment units record specific location and dates of movement for each unit. The 

current PERP regulation does not require the tracking of specific locations. Locations 

will be tracked by street address and city, or by county and parcel number, or other 

specific location indicator. Staff proposes to require that the specific location and date is 

recorded on a monthly basis for certified engines and each time it is moved for noncertified engines and equipment units. This amendment will provide for better 

enforcement of the requirement that a registered engine or equipment unit may not 

reside at a location for longer than 12 months. 

4. On-Highway and Marine Engines

ARB staff proposes to allow engines certified to on-highway emission standards in 40 

CFR Part 86 and engines certified to marine emission standards in 40 CFR Part 94 or 

40 CFR Part 1042 to be eligible for PERP. This amendment will restore the eligibility 

that these engines previously enjoyed, which was removed with the amendments of 

June 22, 2006. ARB staff will also clarify that auxiliary marine engines located on 

vessels will be subject to the Commercial Harbor Craft ATCM instead of the Portable 

Engine ATCM. 

5. Vendor Sales Report

ARB staff proposes to remove the vendor sales report from the Statewide PERP 

Regulation. The PERP regulation is intended to only contain requirements for portable 

equipment registered in the program. It is not intended to regulate the sales of new 

equipment. Because PERP is a voluntary program, it is not appropriate to have a 

mandatory notification requirement about a program that is not required. If a mechanism 

is desired to track the sales of equipment for which a permit may potentially be required, 

then this should be established in the rules and regulations that establish those 

mandatory permits. 

6. Miscellaneous 

ARB staff is proposing minor revisions which are discussed below. 

• Clarify that a change in home district designation shall be based on the most recent 

annual report prior to the year the arranged inspection is due, instead of an average 

of all three annual reports since the last inspection. The most recent annual report 

will provide a better indication of where the registered engine or equipment unit has 
III-3 

been operating most of the time prior to the inspection. This will allow for a more 

accurate designation of the home district which is meant to perform the arranged 

inspection. 

• Modify the definition of “Resident Engine” to remove the older engines that were 

operated in California between March 1 2004 and October 1, 2006. These engines 

were only intended to be eligible for PERP until the end of 2009, so this modification 

serves to remove obsolete language. The definition will also be modified to clarify 

that only certified engines that have a current district permit or lost their permit 

exemption due to a change in district rules will be considered resident, and therefore 

eligible for PERP. ARB does not want to allow any additional uncertified engines into 

PERP, and this modification will prevent any from registering. 

• Modify the definition of “Providers of Essential Public Service (PEPS)” to clarify that 

the final determination whether a company or government agency is a PEPS provider 

shall be made by the Executive Officer. During the course of the implementation of 

the PERP Regulation, there has been some confusion on the part of registrants over 

whether their company qualifies as a PEPS. The definition currently lists several 

examples of possible PEPS activities. It would be impossible to make a complete list 

of every organization type that does or does not meet the definition of PEPS. 

Therefore, this modification will allow the Executive Officer to make a final 

determination in cases where there is some doubt. 

• Modify, add, and delete terms in the definitions section, delete outdated provisions, 

and make minor clarifications where needed. These changes are considered to be 

non-substantive and are intended to provide additional clarity and expediency to the 

Statewide PERP Regulation, and ensure consistency between regulatory 

requirements and registration practices. 

B. MODIFICATIONS TO THE PORTABLE ENGINE ATCM 

The Portable Engine ATCM was designed to promote the use of clean portable engines 

in California. By January 1, 2010, only diesel engines certified to ARB/U.S. EPA 

nonroad engine emission standards (Tier 1, 2, or 3) can continue to operate in California, 

unless they have been designated as emergency use or low use. This means that most 

diesel engines that do not meet at least Tier 1 standards must be replaced with certified 

engines by that date. 

The proposed amendments include recommendations to allow certain non-certified 

engines to operate for one year beyond the current deadline of January 1, 2010, allow all 

on-highway engines to operate beyond January 1, 2010, exempt auxiliary deck engines 

used on two-engine water well drilling rigs, and allow certain types of engines to obtain 

district permits or register in PERP that would not otherwise qualify. 
III-4 

1. Non-certified Engine Extension

ARB staff proposes to allow owners of small fleets to choose a limited number of 

registered diesel engines for continued operation for one year beyond the current 

cessation of operation date. Under this proposal, owners of 25 or fewer total portable 

engines would be able to choose either one diesel engine of any size or up to five diesel 

engines that collectively do not exceed 500 bhp to operate until December 31, 2010. 

The engines selected for the extension would have to be previously registered in PERP 

or permitted by a district. These fleet owners will have to submit a written request to 

specifically select which engines they want to receive the extension. Although there is 

no proposed definition of “company”, it is expected that for implementation purposes, any 

organization with a unique name and mailing address will qualify for this provision. As 

discussed in the section on modifications to the Statewide PERP Regulation, sparkignited engines may be substituted for diesel engines, but in no case can the number of 

total engines exceed the allowable limits. 

An analysis of the companies participating in PERP showed that for companies with 

more than 25 total engines registered, about 25 percent of the engines are uncertified. 

Looking at smaller companies that owned between six and 25 engines, 45 percent of 

these engines are uncertified. Companies with five or fewer engines registered had 

65 percent uncertified engines. 

In addition, most larger companies that own more than 25 engines have been registered 

in PERP since it started in 1997. Therefore, these companies had sufficient time to plan 

for the replacement of their Tier 0 engines by the January 1, 2010 deadline. In addition, 

these larger companies would not suffer the same level of financial burden from 

replacing these older engines as would smaller companies that have fewer resources. 

2. On-Highway Engines

ARB staff proposes to allow engines used in portable applications that are certified to the 

on-highway emission standards contained in 40 CFR Part 86 engines to operate beyond 

January 1, 2010. These certified on-highway engines will become part of the portable 

fleet, and will be subject to the fleet emission standards contained in the Portable Engine 

ATCM. 

Staff also proposes to allow on-highway certified engines that are used in portable 

applications to be eligible for district permit or registration in PERP. On-highway engines 

were previously eligible for registration in PERP, but that eligibility was removed with the 

June 22, 2006 amendments. This modification will restore the eligibility that these 

engines previously enjoyed. 

3. Water Well Drilling Rigs

ARB staff proposes to specify that the auxiliary deck engine is subject to the Off-Road 

Vehicle Regulation, effectively exempting it from the Portable Engine ATCM. 
III-5 

4. Miscellaneous 

ARB staff is proposing minor revisions which are discussed below. 

• Modify the brake horsepower (bhp) range for the applicable fleet standards in the 

table in section 93116.3.1 to correctly match the certification categories for certified 

off-road engines. The fleet standard categories should be as follows: less than 

175 bhp, 175 to 750 bhp, and greater than 750 bhp. This error was an oversight from 

the original adoption and subsequent amendments and this modification will correct 

that earlier error. 

• Add an emission factor for Tier 1 engines less 175 bhp to be used to calculate 

compliance with the fleet emission standard. The current version states that an 

emission factor must be taken from the certification Executive Order. Because Tier 1 

engines less than 175 bhp do not have a PM emission standard, there is no emission 

factor on the Executive Orders. This error was an oversight from the original 

adoption and subsequent amendments and this modification will correct that earlier 

error. ARB staff proposes to use the same emission factor that is used for Tier 1 

engines in the In-Use Off-Road Vehicle Regulation, but without the deterioration 

factors. For full analysis of the emission factor used for Tier 1 engines less than 

175 bhp, see Appendix E. 

• Modify the definition of “in-use” from January 1, 2006 to January 1, 2010. This 

definition should have been changed with the March 22, 2007 amendments since 

new permit eligibility requirements for uncertified engines until January 1, 2010 were 

added at that time. This was an oversight from the March 22, 2007 amendments and 

this modification will correct that earlier error. 

• Specify the emission factor to be used for certified engines that do not have a family 

name indicated on the engine label. These engines are those built to 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. In such 

cases, the PM emission standard for the tier level to which the engine was built shall 

be used. 

• Specify that if the engines will be unable to continue operation until Tier 4 standards 

become effective due to mechanical breakdown or the function that the engine 

powers will be discontinued, then the owner shall notify the regulatory agency. These 

engines will either have to be retired without replacement, or replaced with an engine 

that meets the most stringent standard at that time. 

• Allow for the eligibility of certified engines that lost their permit exemption due a 

change in district rules. It has been ARB policy to allow these engines to register in 

PERP, and the eligibility was added to the PERP Regulation in previous 

amendments, although it was never addressed in the Portable Engine ATCM. This 

modification will consistently establish ARB policy in both the PERP Regulation and 

the Portable Engine ATCM. 
III-6 

• Remove the eligibility of non-certified engines for initial permits or registration by a 

district. When this provision was added in previous amendments, it was intended for 

this eligibility to only last until December 31, 2009. The omission of the expiration 

date was an oversight from the previous amendments and this modification will 

correct that earlier error. The section allowing the permitting or registration of Tier 1 

or Tier 2 engines had an expiration date of December 31, 2009, and will be removed 

since it will be obsolete when these amendments are adopted. 

• Modify, add, and delete terms in the definitions section, delete outdated provisions, 

and make minor clarifications where needed. These changes are considered to be 

non-substantive and are intended to provide additional clarity and expediency to the 

Portable Engine ATCM, and ensure consistency between regulatory requirements 

and permit and/or registration practices. 

C. MODIFICATIONS TO THE OFF-ROAD AND ON-ROAD VEHICLE REGULATIONS 

As discussed previously, staff is proposing to amend the regulations to change the way 

existing two-engine water well drilling rigs are addressed. The proposed amendments 

include recommendations to exempt the drive engine used on two-engine water well 

drilling rigs from the On-Road Vehicle Regulation, and to require both engines on 

two-engine water well drilling rigs to be subject to the Off-Road Vehicle Regulation. 

1. Off-Road Vehicle Regulation

ARB staff proposes to add a definition of two-engine water well drilling rigs as being 

those only owned by companies with a current, valid C-57 water well drilling contractors 

license issued by the Contractors State License Board of California. ARB staff will also 

specify that both engines on a two-engine water well drilling rig are subject to the 

requirements of the Off-Road Vehicle Regulation. This proposal is the identical 

approach taken in previous amendments for two-engine cranes. The reporting date for 

water well drilling rigs will also be extended to August 1, 2010 to allow time for the 

owners of drilling rigs that were previously not subject to this regulation to enter their rigs 

into ARB’s reporting system. 

2. On-Road Vehicle Regulation

ARB staff proposes to specify that two-engine water well drilling rigs are exempt from the 

On-Road Vehicle Regulation. This proposal is the identical approach taken in previous 

amendments for two-engine cranes.
IV-1 

IV. ENVIRONMENTAL IMPACTS 

This Chapter describes the potential environmental impacts of the proposed 

amendments to the Statewide PERP Regulation, the Portable Engine ATCM, the OffRoad Vehicle Regulation, and the On-Road Vehicle Regulation. Based on staff’s 

analysis, the proposed amendments would not result in any adverse impacts. 

A. LEGAL REQUIREMENTS APPLICABLE TO THE ENVIRONMENTAL IMPACT 

ANALYSIS 

The California Environmental Quality Act (CEQA) and ARB policy require an analysis to 

determine the potential environmental impacts of proposed regulations. The Secretary 

of Resources, pursuant to Public Resources Code section 21080.5, has certified the 

ARB regulatory program. Consequently, the CEQA analysis requirements may be 

included in the Initial Statement of Reasons (ISOR) for this rulemaking. The ISOR 

serves as a functionally equivalent environmental analysis. In addition, staff will 

respond, in the Final Statement of Reasons, to all significant environmental issues 

raised by the public during the public review period or at the Board public hearing. 

Public Resources Code section 21159 requires that the environmental impact analysis 

conducted by ARB include the following: 

• An analysis of reasonably foreseeable environmental impacts of the methods of 

compliance; 

• An analysis of reasonably foreseeable feasible mitigation measures; and 

• An analysis of reasonably foreseeable alternative means of compliance with the 

amended Statewide PERP Regulation and Portable Engine ATCM. 

Regarding mitigation measures, CEQA requires an agency to identify and adopt 

feasible mitigation measures that would minimize any significant adverse environmental 

impacts described in the environmental analysis. 

B. AIR QUALITY IMPACTS OF THE PROPOSED AMENDMENTS 

1. Non-Certified Engines 

The proposed amendments to the Statewide PERP Regulation and Portable Engine 

ATCM would not result in a change to the existing physical environment, but would 

result in a delay in obtaining reductions in NOx and diesel PM emissions for one year. 

The 2009 emission levels from all portable engines are about 42,000 tons per year (tpy) 

for NOx and 3,000 tpy of PM. These emission levels were calculated using data 

gathered from the districts and the engines registered in PERP. Based on these data, 

there was a total of about 6,500,000 bhp for portable certified engines under district 

permit or PERP registration in 2009. Emission factors of 5.4 g/bhp-hr for NOx and 

0.39 g/bhp-hr for PM were used for these certified engines. The engine population was 

determined to be 50 percent Tier 1 engines, 25 percent Tier 2 engines, and 25 percent 

Tier 3 engines. A load factor of 0.75 and operation of 1,000 hours/year were also used 

in the calculations. This results in 2009 certified engine emission levels of 29,100 tpy of 

NOx and 2,100 tpy of PM. 
IV-2 

There was a total of 1,300,000 bhp of uncertified diesel engines under district permit or 

registered in PERP for 2009, representing approximately 5,500 uncertified engines. 

About 4,300 of these are registered in PERP, with approximately 1,200 permitted or 

registered by the districts. Assuming about 20 percent of these engines would be 

designated as emergency use or low use, approximately 4,400 uncertified engines with 

a total bhp of 1,050,000 will be affected by the January 1, 2010 deadline. The 

emissions from the emergency use and low use engines are insignificant and not 

included in these emission estimates. The emission factors used for the emission 

calculation for the uncertified engines were 12 g/bhp-hr for NOx and 0.85 for PM. This 

results in a 2009 uncertified emission level of 13,000 tpy of NOx and 920 tpy of PM. 

To estimate the expected reductions from the January 1, 2010 requirement, we 

assumed that the uncertified engine bhp would be replaced with certified engines as 

follows: 25 percent Tier 1, 25 percent Tier 2, and 50 percent Tier 3. This results in an 

average emission factor of 4.43 g/bhp-hr for NOx and 0.24 g/bhp-hr for PM for the 

remaining engines not receiving relief. 

In developing the current proposal to extend the deadline for uncertified engines, ARB 

staff evaluated several options. The total emissions for each option were determined by 

adding the emissions from existing certified engines, uncertified engines receiving relief, 

and certified engine replacements. The expected minimum emission reductions for 

each option are determined by subtracting that amount from the 2009 levels. The 

emission reductions could be larger if full utilization of the relief offered does not occur. 

The owners of portable engines would have to submit written requests to either the 

district or the ARB to select specific engines to receive the relief, and potentially not 

every owner of portable engines will choose to do so. The options are discussed below 

and the resulting emissions reductions from each are summarized in the table. 

Option 1 – No change

The requirement to have all engines be certified as of January 1, 2010 was first 

established in 1997 as part of PERP, giving businesses up to 13 years to plan for the 

replacement or retirement of the older engines. In 2004, this requirement was moved 

from the PERP regulation to the Portable Engine ATCM so that it would apply to all 

diesel engines statewide, not just those registered in PERP. The emission reductions 

expected from replacing 1,050,000 bhp of uncertified engines with certified engines are 

3,800 tpy of NOx and 220 tpy of PM. Combined with the existing certified emission 

levels, this results in an overall reduction of 9,200 tpy for NOx and 700 tpy for PM. 

Option 2 – Allow all companies 500 bhp of Tier 0 engines

If we allow all organizations to operate 500 bhp of uncertified engines, this will result in a 

potential total of 323,600 bhp to operate. The emissions expected from these uncertified 

engines are 3,200 tpy of NOx and 230 tpy of PM. The emissions from the replacement 

of the remaining engines with certified engines (726,400 bhp) are 2,700 tpy of NOx and 

140 tpy of PM. Combined with the existing certified emission levels, the total overall 

emissions from this option are 35,000 tpy of NOx and 2,470 tpy of PM. This will result in 

emission reductions of 7,100 tpy of NOx and 520 tpy of PM from 2009 levels, resulting in 

a loss of 2,100 tpy for NOx and 180 tpy for PM compared to no change. Under this 
IV-3 

option, small fleet owners that only have engines rated over 500 bhp would not receive 

any benefit. This option retains about 80 percent of the original emission reductions. 

Option 3 – Allow companies with small fleets to operate all Tier 0 engines

This option would apply only to small fleet owners that own a total of 25 portable 

engines, including uncertified engines. In this option, the small fleet owners would be 

allowed to operate all of their uncertified engines for one year. This option would allow 

a total of 690,000 bhp of uncertified engines to operate. The emissions expected from 

these uncertified engines are 6,900 tpy of NOx and 480 tpy of PM. The emissions from 

the replacement of the remaining engines with certified engines (360,000 bhp) are 

1,300 tpy of NOx and 70 tpy of PM. Combined with the existing certified emission 

levels, the total emissions from this option are 37,300 tpy of NOx and 2,650 tpy of PM. 

This will result in emission reductions of 4,800 tpy of NOx and 370 tpy of PM from 2009 

levels, resulting in a loss of 4,400 tpy for NOx and 330 tpy for PM compared to no 

change. This option provided the most extensive relief, but also resulted in the greatest 

loss of emission reductions. This option only retains about 50 percent of the original 

emission reductions. 

Current Proposal

Under the current proposal, owners with no more than 25 engines total will be able to 

choose either one uncertified engine of any size, or up to five uncertified engines that 

collectively do not exceed 500 bhp. This proposal is a hybrid of other options. It gives 

relief to the small fleet owners by allowing them to operate up to 500 bhp as in option 2, 

as well as owners with a single large engine as in option 3. Under this proposal, there 

would be a maximum of about 390,000 bhp eligible for relief, with the remaining 

660,000 bhp being replaced with certified engines. The expected emission reductions 

in 2010 with this proposal would be 6,700 tons for NOx and 500 tons for PM. This 

proposal retains over 70 percent of the original emission reductions. 

Comparison Chart 

 Option 1 

(no change) 

Option 2 

(500 bhp cap) 

Option 3 

(small fleets) 

Current 

proposal 

NOx reductions 9,200 7,100 4,800 6,700 

PM reductions 700 520 370 500 

Allowed uncertified 

bhp in 2010 

0 323,600 690,000 390,000 

Note: all emissions are listed in tons per year. 

2. Water Well Drilling Rigs 

The emission impacts from the amendments to water well drilling rigs come largely from 

moving the auxiliary deck engines from the Portable Engine ATCM and into the 

Off-Road Vehicle Regulation. With the proposed amendments, these engines would 

not have to be replaced or retrofitted until 2013 or 2015 depending on the overall fleet 

size of each company. It is expected that the majority of water well drilling companies 

will fall into the small fleet category with some falling into the medium fleet size 

category. 
IV-4 

Currently, there are 80 uncertified engines on water well drilling rigs registered in PERP 

that are subject to the Portable Engine ATCM. These engines have a total cumulative 

size of 15,100 horsepower. Subjecting these engines to the Off-Road Vehicle 

Regulation rather than the Portable Engine ATCM and using the same assumptions as 

identified above, would result in emissions of 150 tons per year for NOx and 10 tons per 

year for PM.3 

C. IMPACTS OF THE PROPOSED AMENDMENTS ON MEETING AMBIENT AIR 

QUALITY STANDARDS 

HSC section 41754 requires that emissions from engines and equipment units 

registered in PERP shall not, in aggregate, interfere with the attainment or maintenance 

of the State and federal ambient air quality standards. PERP requires that engines 

meet an offroad emission standard and requires that any existing engine registered 

after 2010 must be certified. In addition, after 2010, engines seeking initial permitting or 

registration must meet the most stringent emission standard in effect at the time of 

application, except those on cranes, street sweepers, and water well drilling rigs. The 

engines on these machines will have to meet the requirements of either the Off-Road 

Vehicle Regulation or On-Road Vehicle Regulation. The Portable Engine ATCM has 

PM emission standards that will affect all registered or permitted engines in 2013, 2017 

and 2020. The implementation of the Statewide PERP Regulation, Portable Engine 

ATCM, Off-Road Vehicle Regulation, and On-Road Vehicle Regulation therefore will 

result in greater reductions of NOx, HC, and diesel PM emissions from diesel engines 

now and in future years. 

D. ANALYSIS OF REASONABLY FORESEEABLE ENVIRONMENTAL IMPACTS 

OF THE METHODS OF COMPLIANCE 

As specified in HSC section 41755, the districts have an important role in enforcing the 

requirements of the Statewide PERP Regulation. The districts will continue to 

implement the Portable Engine ATCM in their local permitting and compliance 

programs. The ARB staff will enforce the requirements of the Off-Road Vehicle 

Regulation and On-Road Vehicle Regulation. 

E. REASONABLY FORESEEABLE MITIGATION MEASURES 

CEQA requires an agency to identify and adopt feasible mitigation measures that would 

minimize any significant adverse environmental impacts described in the environmental 

analysis other than the slight delay in emissions reductions. Neither ARB staff’s own 

investigation nor comments from the affected regulatory community has identified any 

additional adverse impacts; therefore, ARB staff has concluded that no significant 

 

3

 Other estimates from the California Groundwater Association place the number of uncertified deck 

engines on two-engine water drilling rigs to be near 420, but these estimates are not verified and are not 

used for any analysis. Furthermore, these estimated 420 engines on these rigs are neither permitted nor 

registered. Some of the drilling rigs operate in local air districts where permits are not required. Using 

this estimate of 420 engines, the estimated cumulative size of these engines would be 79,200 bhp. Using 

the same assumptions, the estimated emissions from these engines would be 800 tons per year for NOx 

and 60 tons per year for PM.. 
IV-5 

adverse environmental impact would occur from adoption of, and compliance with, the 

proposed amendments to the Statewide PERP Regulation, Portable Engine ATCM, 

Off-Road Vehicle Regulation, and On-Road Vehicle Regulation. Therefore, no 

mitigation measures would be necessary. 

F. REASONABLY FORESEEABLE ALTERNATIVE MEANS OF COMPLIANCE 

WITH THE PROPOSED AMENDMENTS 

ARB, in consultation with CAPCOA and a number of affected industries, developed 

proposed amendments to the Statewide PERP Regulation, Portable Engine ATCM, 

Off-Road Vehicle Regulation, and On-Road Vehicle Regulation. ARB staff has 

concluded that the proposed amendments provide the most effective and least 

burdensome approach to ensuring air quality continues to be protected, that ARB and 

the districts can continue to implement these regulations effectively. 

G. ENVIRONMENTAL JUSTICE 

ARB is committed to evaluating community impacts of proposed regulations including 

environmental justice concerns. Because some communities experience higher 

exposure to air pollutants, it is a priority of ARB to ensure that full protection is afforded 

to all Californians. The proposed amendments to the Statewide PERP Regulation, 

Portable Engine ATCM, Off-Road Vehicle Regulation, and On-Road Vehicle Regulation 

are not expected to result in significant negative impacts in any community. The 

proposed amendments to these four regulations would not result in an increase of 

emissions of NOx and diesel PM from current levels. 
IV-6 
V-1 

V. ECONOMIC IMPACTS 

This Chapter discusses legal requirements that must be satisfied in analyzing the 

economic impacts of the proposed amendments to the Statewide PERP Regulation, 

Portable Engine ATCM, Off-Road Vehicle Regulation, and On-Road Vehicle Regulation, 

and the methodology used to estimate cost impacts, and presents estimates of the 

economic impacts for the proposed amendments. 

A. SUMMARY OF THE ECONOMIC IMPACTS 

Staff has not identified any adverse economic impacts as a result of this proposal. Staff 

estimates the impact of the proposed amendments on affected businesses and 

governmental agencies would be a temporary cost savings of approximately $79 million. 

The total economic impact is attributable to allowing additional time to replace a subset 

of uncertified engines under this proposal. 

Approximately 4,400 older engines with a total of 1,050,000 horsepower are subject to 

the current requirement to be replaced by January 1, 2010. When you remove the 

80 engines on two-engine water well drilling rigs, the revised total is about 

4,300 engines with a total of 1,035,000 horsepower. The cost to replace these engines 

with new units would be about $180 million. With the current proposal, approximately 

2,000 engines owned by about 1,130 companies and public agencies with a combined 

horsepower of approximately 375,000 could be operated for an additional year before 

replacement or retirement. The cost to replace these engines would be approximately 

$66 million, therefore resulting in a savings for small business and public agencies of 

that amount for one year. The true cost savings will be less, however, because it is not 

expected that all the eligible engines will utilize the extension in this proposal. 

Staff is not proposing any fee for selection of engines registered in PERP to receive the 

extension; therefore, there is no economic impact from the selection process for 

engines registered in PERP. The districts may or may not choose a fee to process the 

extension request for permitted engines, but an analysis of the economic impact is 

impossible due to the lack of information regarding any fees the districts may charge. 

Due to the effort required to assess and collect a fee, it is expected that most districts 

will charge either no fee or a very nominal simple fee for the one time transaction. 

The cost to replace an auxiliary deck engine on a two-engine water well drilling rig 

ranges from $30,000 to $300,000 based on data gathered by contacting drilling rig 

manufacturers and dealers. Based on this survey data, the average cost to replace a 

deck engine on a water well drilling rig is $165,000. There are currently only 80 of these 

engines registered in PERP owned by 25 companies. The estimated cost to replace 

these engines as required by the Portable Engine ATCM would be about $13 million.4

 

 

4

 Other estimates from the California Groundwater Association place the number of uncertified deck 

engines on two-engine water drilling rigs to be near 420 but these estimates are not verified and are not 

used for any official analysis. The cost to replace these estimated 420 engines would be $69 million. By 

moving these deck engines into the Off-Road Vehicle Regulation, the cost of replacing or retrofitting the 

engines is delayed by either 3 or 5 years depending on the overall fleet size of each company. 
V-2 

B. LEGAL REQUIREMENTS 

Section 11346.3 of the Government Code requires State agencies to assess the 

potential for adverse economic impacts on California business enterprises and 

individuals when proposing to adopt or amend any administrative regulation. The 

assessment shall include a consideration of the impact of the proposed regulation on 

California jobs, business expansion, elimination or creation, and the ability of California 

business to compete with businesses in other states. 

Also, State agencies are required to estimate the cost or savings to any state or local 

agency and school district in accordance with instructions adopted by the Department of 

Finance. The estimate shall include any non-discretionary cost or savings to local 

agencies and the cost or savings in federal funding to the State. 

Finally, HSC section 57005 requires ARB to perform an economic impact analysis of 

submitted alternatives to a proposed regulation before adopting any major regulation. A 

major regulation is defined as a regulation that will have a potential cost to California 

business enterprises in an amount exceeding ten million dollars in any single year. 

Because the estimated cost of the amendments does not exceed ten million dollars in a 

single year, the proposed amendments do not constitute a major regulation. 

C. METHODOLOGY FOR ESTIMATING COSTS 

This section provides the general methodology and assumptions used to estimate the 

costs associated with the amendments to the Statewide PERP Regulation. ARB staff 

describes the method used to estimate the number and types of engines that may be 

able to utilize to the extended deadline. The basic methodology is also used to analyze 

the costs to private companies and governmental agencies. 

1. Analysis of the PERP Database and District Permitting Programs

ARB staff conducted an analysis of the PERP database that existed on 

October 26, 2009 in order to evaluate the cost impacts from the proposed amendments 

to the Statewide PERP Regulation for federal, state, local agencies and small 

businesses. Based on the analysis, staff determined that there are over 

4,000 organizations with about 29,000 engines registered in PERP. In addition, there 

are about 1,600 engines permitted by the districts. Of these, about 1,130 total 

organizations with about 2,000 uncertified engines will potentially receive relief under 

these amendments. Of these organizations, staff estimates there are: 

• 3 state agencies with about 5 engines consisting of 1,300 horsepower,; 

• 210 local agencies with about 230 engines consisting of 58,600 horsepower; 

• 9 federal agencies with about 15 engines consisting of 2,900 horsepower; and 

• 910 private businesses with 1,700 engines consisting of 312,700 horsepower. 

Military TSE is not affected by these proposed amendments and therefore was not 

included in this fiscal impact analysis. 
V-3 

ARB staff used these totals to determine the cost of the proposed amendments to the 

various organizations. Using an average cost of $175 per horsepower, the staff 

estimated that approximately $66 million in replacement costs will be delayed by one 

year due to the amendments to the Statewide PERP Regulation and Portable Engine 

ATCM. 

ARB staff used the totals in the existing PERP database of engines on water well drilling 

rigs. Using an average replacement cost of $165,000 per engine, It is estimated that 

approximately $13 million in replacement costs will be delayed by either three or five 

years due to these amendments affecting water well drilling rigs. 

2. Initial and Recurring Costs

The cost evaluation considers both initial costs and ongoing annual costs. Initial costs 

were calculated for the estimated number of uncertified engines that would potentially 

receive relief under the proposed amendments. There are no ongoing annual costs 

from the proposed amendments to the Statewide PERP Regulation, Portable Engine 

ATCM, Off-Road Vehicle Regulation, or On-Road Vehicle Regulation. 

D. BUSINESSES AFFECTED 

Any business that owns or operates portable internal combustion engines and/or 

equipment units currently registered in PERP is affected by the proposed amendments. 

The affected businesses fall into different industry classifications. A list of the industries 

that may be impacted is provided in Table V-1. 
V-4 

Table V-1 

Industries Affected by Statewide Registration Program and Portable Engine ATCM

SIC Code Industry

 1311 Crude petroleum and natural gas 

 1321 Natural gas liquids 

 1381 Drilling oil and gas wells 

 1382 Oil and gas exploration services 

 1389 Oil and gas field services, not elsewhere classified 

 1521 Single-family housing construction 

 1522 Residential construction, not elsewhere classified 

 1531 Operative builders 

 1541 Industrial buildings and warehouses 

 1542 Nonresidential construction, not elsewhere classified 

 1611 Highway and street construction 

 1622 Bridge, tunnel, and elevated highway 

 1623 Water, sewer, and utility lines 

 1629 Heavy construction, not elsewhere classified 

 1711 Plumbing, heating, air-conditioning 

 1771 Concrete work 

 1781 Water well drilling 

 1791 Structural steel erection 

 1794 Excavation work 

 1795 Wrecking and demolition work 

 4925 Gas production and/or distribution 

 4941 Water supply 

 4952 Sewerage systems 

 4953 Refuse systems 

 4959 Sanitary services, not elsewhere classified 

 4961 Steam and air-conditioning supply 

 4971 Irrigation systems 

 7349 Building maintenance services, not elsewhere classified 

 7353 Heavy construction engines and equipment units rental 

 7359 Equipment rental and leasing, not elsewhere classified 

 7519 Utility trailer rental 

 7812 Motion picture and video production 

 7819 Services allied to motion pictures 

 7996 Amusement parks 

 9711 National security 

E. COST ESTIMATES 

The proposed amendments to the Statewide PERP Regulation, Portable Engine ATCM, 

Off-Road Vehicle Regulation, and On-Road Vehicle Regulation will not result in a cost 

increase to the regulated community. They will serve to delay replacement cost for 

certain engines with a maximum cost delay of $79 million for one year. The actual cost 

savings may be less if full utilization of the relief offered does not occur. 
V-5 

F. POTENTIAL IMPACTS ON EMPLOYMENT 

The proposed amendments are not expected to cause a noticeable change in California 

employment because most businesses will find that the requirements will not require 

significant additional staffing. 

G. POTENTIAL IMPACTS ON BUSINESS CREATION, ELIMINATION, OR 

EXPANSION 

The proposed amendments results in a cost savings for certain businesses. Therefore, 

the proposed amendments are likely to have no adverse impacts on business creation, 

elimination, or expansion. 

H. POTENTIAL IMPACTS ON SMALL BUSINESSES 

The total potential economic impact to small business is a cost savings of approximately 

$55 million dollars for one year. The cost savings are due the proposed delay of 

uncertified engine replacement until December 31, 2010. Although it is difficult to 

quantify, it is expected that any company that owns no more than 25 portable engines 

falls into the category of a small business. 

 

I. POTENTIAL IMPACTS ON PUBLIC AGENCIES 

The total potential economic impact to state agencies is a cost savings of approximately 

$11 million for one year. The cost savings are due the proposed delay of uncertified 

engine replacement until December 31, 2010. 

Appendix A 

Proposed Regulation Order 

Amendments to the Statewide 

Portable Equipment Registration Program Regulation 

California Air Resources Board 

Title 17, California Code of Regulations 

Article 5 and sections 2450, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 2458, 2459, 

2460, 2461, 2462, 2463, 2464, and 2465 of Title 13, California Code of Regulations 

(Note: Proposed amendments to the regulation are identified below. Underline

is used to indicate the proposed additions. Strikeout is used to indicate proposed 

deletions from the regulation text.)

A-1

PROPOSED REGULATION ORDER 

Amend sections 2451, 2452, 2453, 2456, 2458, 2460, 2461, and 2462 title 13, 

California Code of Regulations. Sections 2450, 2451, 2454, 2455, 2457, 2459, 

2463, 2464, and 2465 are not being amended but are included for clarity. 

Article 5. Portable Engine and Equipment Registration 

§ 2450. Purpose. 

These regulations establish a statewide program for the registration and regulation of 

portable engines and engine-associated equipment (portable engines and equipment 

units) as defined herein. Portable engines and equipment units registered under the 

Air Resources Board program may operate throughout the State of California without 

authorization (except as specified herein) or permits from air quality management or air 

pollution control districts (districts). These regulations preempt districts from permitting, 

registering, or regulating portable engines and equipment units, including equipment 

necessary for the operation of a portable engine (e.g. fuel tanks), registered with the 

Executive Officer of the Air Resources Board except in the circumstances specified in the 

regulations. 

NOTE: Authority cited: Section 39600, 39601, 41752, 41753, 41754, 41755, 43013(b), 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2451. Applicability. 

(a) Registration under this regulation is voluntary for owners of portable 

engines or equipment units. 

(b) This regulation applies to portable engines and equipment units as defined 

in section 2452. Except as provided in paragraph (c) of this section, any 

portable engine or equipment unit may register under this regulation. 

Examples include, but are not limited to: 

(1) portable equipment units driven solely by portable engines including 

confined and unconfined abrasive blasting, Portland concrete batch 

plants, sand and gravel screening, rock crushing, and unheated 

pavement recycling and crushing operations; 

(2) consistent with section 209 (e) of the federal Clean Air Act, engines 

and associated equipment used in conjunction with the following 

types of portable operations: well drilling, service or work-over rigs; 

power generation, excluding cogeneration; pumps; compressors; 

diesel pile-driving hammers; welding; cranes; wood chippers; 

dredges; equipment necessary for the operation of portable engines 

and equipment units; and military tactical support equipment. 
A-2

(c) The following are not eligible for registration under this program: 

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

kind as defined in section 2452 (aa)(1)(A); 

(2) any engine or equipment unit not meeting the definition of portable 

as defined in section 2452 (dd) of this regulation;

(3) engines, equipment units, and associated engines determined by 

the Executive Officer to qualify as part of a stationary source 

permitted by a district; 

(4) any engine or equipment unit subject to an applicable federal Maximum 

Achievable Control Technology standard, or National Emissions Standard 

for Hazardous Air Pollutants, or federal New Source Performance 

Standard, except for equipment units subject to the requirements of 

40 CFR Part 60 Subpart OOO (Standards of Performance for Nonmetallic 

Mineral Processing Plants) as they relate to portable plants as defined in 

40 CFR section 60.671; 

(5) any engine or equipment unit operating within the boundaries of the 

California Outer Continental Shelf (OCS). [Note: This shall not prevent 

statewide registration of portable engines and equipment units already 

permitted by a district for operation in the OCS. Such statewide registration 

shall only be valid for operation onshore and in State Territorial Waters 

(STW).]; 

(6) any dredging operation in the Santa Barbara Harbor; 

(7) any dredging unit owned by a single port authority, harbor district, or 

similar agency in control of a harbor, and operated only within the 

same harbor; 

(8) generators used for power production into the grid, except to maintain grid 

stability during an emergency event or other unforeseen event that affects 

grid stability; and 

(9) generators used to provide primary or supplemental power to a building, 

facility, stationary source, or stationary equipment, except during 

unforeseen interruptions of electrical power from the serving utility, 

maintenance and repair operations, electrical upgrade operations including 

startup, shutdown, and testing that do not exceed 60 calendar days, 

operations where the voltage, frequency, or electrical current requirements 

can only be supplied by a portable generator, or remote operations where 

grid power is unavailable. 

(d) In the event that the owner of an engine or equipment unit elects not to register under 

this program, the engine or equipment unit shall be subject to district permitting 

requirements pursuant to district regulations. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 
A-3

§ 2452. Definitions. 

(a) “Air Contaminant” shall have the same meaning as set out in section 39013 of the 

Health and Safety Code. 

(b) “ARB” means the California Air Resources Board. 

(c) “Certified Compression-Ignition Engine” means an engine meeting the 

nonroad engine emission standards for compression-ignition engines, as set 

forth in Title 13 of the California Code of Regulations or 40 CFR Part 86, 40 CFR 

Part 89, 40 CFR Part 1039, 40 CFR Part 94, 40 CFR Part 1042, or as set forth in 

the equivalent categories in title 13 of the California Code of Regulations in effect 

at the time of application. 

(d) “Certified Spark-Ignition Engine” means an engine meeting the nonroad

engine emission standards for spark-ignition engines, as set forth in title 13, CCR

Cal. Code Regs. or 40 CFR Part 1048 in effect at the time of application. 

(e) “Compression-Ignition (CI) Engine” means an internal combustion engine with 

operating characteristics significantly similar to the theoretical diesel 

combustion cycle. Compression-ignition engines usually control fuel supply 

instead of using a throttle to regulate power. 

(f) “Corresponding Onshore District” means the district which has jurisdiction for 

the onshore area that is geographically closest to the engine or equipment unit. 

(g) “Crane” means the same as “Two-Engine Crane” defined in title 13, CCR Cal. 

Code Regs., section 2449(c)(569). 

(h) “District” means an air pollution control district or air quality management 

district created or continued in existence pursuant to provisions of Part 3 

(commencing with section 40000) of the California Health and Safety Code. 

(i) “Electrical Upgrade” means replacement or addition of electrical equipment and 

systems resulting in increased generation, transmission and/or distribution capacity. 

(j) “Emergency Event” means any situation arising from sudden and reasonably 

unforeseen natural disaster such as earthquake, flood, fire, or other acts of God 

natural disasters, or other unforeseen events beyond the control of the portable 

engine or equipment unit operator, its officers, employees, and contractors that 

threatens public health and safety and that requires the immediate temporary 

operation of portable engines or equipment units to help alleviate the threat to 

public health and safety. 

(k) “Engine” means any piston driven internal combustion engine. 
A-4

(l) “Equipment Unit” means equipment that emits PM10 over and above that 

emitted from an associated engine. 

(m) “Executive Officer” means the Executive Officer of the California Air Resources 

Board or his/her designee. 

(n) “Hazardous Air Pollutant (HAP)” means any air contaminant that is listed 

pursuant to section 112(b) of the federal Clean Air Act. 

(o) “Home District” means the district designated by the responsible official as the 

district in which the registered engine or equipment unit resides most of the time. 

For registered engines or equipment units based out of California, the 

responsible official shall designate the home district based on where the 

registered engine or equipment unit is likely to be operated a majority of the time 

the registered engine or equipment unit is in California. 

(p) “Identical Replacement” means a substitution due to mechanical breakdown 

of a registered portable engine or equipment unit with another portable engine 

or equipment unit that has the same manufacturer, type, model number, 

manufacturer’s maximum rated capacity, and rated brake horsepower; and is 

intended to perform the same or similar function as the original portable engine 

or equipment unit; and has equal or lower emissions expressed as mass per 

unit time; and meets the emission requirements of sections 2455 through 2457 

of this article. 

(q) “In-field Inspection” means an inspection that is conducted at the location that 

the portable engine or equipment unit is operated under normal load and 

conditions. 

(r) “Location” means any single site at a building, structure, facility, or installation. 

(s) “Maximum Achievable Control Technology (MACT)” means any federal 

requirement promulgated as part of 40 CFR Parts 61 and 63. 

(t) “Maximum Rated Capacity” is the maximum throughput rating or volume 

capacity listed on the nameplate of the registered equipment unit as specified by 

the manufacturer. 

(u) “Maximum Rated Horsepower (brake horsepower (bhp)” is the maximum 

brake horsepower rating specified by the registered engine manufacturer and 

listed on the nameplate of the registered engine. 

(v) “Mechanical Breakdown” means any failure of an engine’s electrical system or 

mechanical parts that necessitates the removal of the registered engine from 

service. 

(w) “Modification” means any physical change to, change in method of operation 

of, or an addition to a registered engine or equipment unit, which may cause or 
A-5

result in an increase in the amount of any air contaminant emitted or the 

issuance of air contaminants not previously emitted. Routine maintenance 

and/or repair shall not be considered a physical change. Unless previously 

limited by an enforceable registration condition, a change in the method of 

operation shall not include: 

(1) an increase in the production rate, unless such increase will cause the 

maximum design capacity of the registered equipment unit to be 

exceeded; 

(2) an increase in the hours of operation; 

(3) a change of ownership; and 

(4) the movement of a registered engine or equipment unit from one location 

to another. 

(x) “New Nonroad Engine” means a nonroad engine, the equitable or legal title to 

which has never been transferred to an ultimate purchaser. If the equitable or 

legal title to an engine is not transferred to an ultimate purchaser until after the 

engine is placed into service, then the engine will no longer be new after it is 

placed into service. A nonroad engine is placed into service when it is used for 

its functional purposes. The term “ultimate purchaser” means, with respect to a 

new nonroad engine, the first person who purchases a new nonroad engine for 

purposes other than resale. 

(y) “New Source Performance Standard (NSPS)” means any federal requirement 

promulgated as part of 40 CFR Part 60. 

(z) “Non-field Inspection” means an inspection that is either conducted at a

location that is mutually acceptable to the district and the owner or operator or 

where the engine or equipment unit is stored and does not require operation of 

the engine or equipment unit for purposes of the inspection.

(aa) “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 

(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. 
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(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 (or engines) that 

replaces 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. 

(bb) “Outer Continental Shelf (OCS)” shall have the meaning provided by section 2 

of the Outer Continental Shelf Lands Act (43 U.S.C. Section 1331 et seq.). 

(cc) “Placard” means a visible indicator supplied by the Air Resources Board to 

indicate that an engine or equipment has been registered in the Portable 

Equipment Registration Program and is in addition to the registration 

identification device.

(dd) “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 or equipment unit is not portable if any of the following are true: 

(1) the engine or equipment unit 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 or 

equipment unit is maintained at a storage facility shall be excluded from 

the residency time determination. Any engine or equipment unit such as 

back-up or stand-by engines or equipment units, that replace engine(s) or 

equipment unit(s) at a location, and is intended to perform the same or 

similar function as the engine(s) or equipment unit(s) being replaced, will 

be included in calculating the consecutive time period. In that case, the 

cumulative time of all engine(s) or equipment unit(s), including the time 
A-7

between the removal of the original engine(s) or equipment unit(s) and 

installation of the replacement engine(s) or equipment unit(s), will be 

counted toward the consecutive time period; or 

(2) the engine or equipment unit remains or will reside at a location for less 

than 12 consecutive months if the engine or equipment unit 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 or equipment unit is moved from one location to another in an 

attempt to circumvent the portable residence time requirements. 

(ee) “Prevention of Significant Deterioration (PSD)” means any federal 

requirements contained in or promulgated pursuant to Part C of the federal Clean 

Air Act. 

(ff) “Process” means any air-contaminant-emitting activity associated with the 

operation of a registered engine or equipment unit.

(gg) “Project, for the purposes of onshore operation,” means the use of one or 

more registered engines or equipment units operated under the same or 

common ownership or control to perform a single activity. 

(hh) “Project, for the purposes of State Territorial Waters (STW),” means the use 

of one or more registered engines and equipment units operating under the same 

or common ownership or control to perform any and all activities needed to fulfill 

specified contract work that is performed in STW. For the purposes of this 

definition, a contract means verbal or written commitments covering all operations 

necessary to complete construction, exploration, maintenance, or other work. 

Multiple or consecutive contracts may be considered one project if they are 

intended to perform activities in the same general area, the same parties are 

involved in the contracts, or the time period specified in the contracts is 

determined by the Executive Officer to be sequential. 

(ii) “Provider of Essential Public Service (PEPS)” means any privately-owned 

corporation or public agency whose primary purpose is to own, operate, control, 

or manage an essential public service. An essential public service may be a line, 

plant, or system for the transportation of people or property, the transmission of 

telephone or telegraph messages, or the production, generation, transmission or 

furnishing of heat, light, water, power, or sanitation directly or indirectly to the 

public. The final determination that a corporation or public agency is providing an 

essential public service is with the Executive Officer. 

(jj) “Registration” means issuance of a certificate by the Executive Officer 

acknowledging expected compliance with the applicable requirements of this 

article, and the intent by the owner or operator to operate the engine or 

equipment unit within the requirements established by this article. 
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(kk) “Rental Business” means a business which rents or leases registered engines 

or equipment units. 

(ll) “Renter” means a person who rents and/or operates registered engines or 

equipment units not owned by that person. 

(mm) “Resident Engine” means either of the following:

(1) a portablecertified engine that at the time of applying for registration, has a 

current, valid district permit or district registration that was issued prior to 

January 1, 2006, or an certified engine that lost a permit to operate 

exemption through a formal district action. Moving an engine from a 

district that provides a permit to operate exemption to a district that 

requires a permit to operate or registration does not qualify for 

consideration as a resident engine. ; or

(2) a certified compression-ignition engine that operated in California at any 

time between March 1, 2004 and October 1, 2006. The responsible 

official shall provide sufficient documentation to prove the engine’s 

residency to the satisfaction of the Executive Officer. Examples of 

adequate documentation include but are not limited to: tax records, 

purchase records, maintenance records, or usage records.

An engine permitted or registered by a district pursuant to title 17, CCR,section 

93116.3(b)(6) is not a resident engine.

(nn) “Responsible Official” refers to an individual employed by the company or 

public agency with the authority to certify that the registered engines or 

equipment units under his/her jurisdiction comply with applicable requirements of 

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

Responsible Official.

(oo) “Spark-Ignition (SI) Engine” means an internal combustion engine with a spark 

plug (or other sparking device) with operating characteristics significantly similar 

to the theoretical Otto combustion cycle. Spark-ignition engines usually use a 

throttle instead of using fuel supply to control intake air flow to regulate power. 

(pp) “State Territorial Waters (STW)” includes all of the following: an expanse of 

water that extends from the California coastline to 3 miles off-shore; a 3 mile 

wide belt around islands; and estuaries, rivers, and other inland waterways. 

(qq) “Statewide Registration Program” means the program for registration of 

portable engines and equipment units set out in this article. 

(rr) “Stationary Source” means any building, structure, facility or installation which 

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; 
A-9

(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.] 

(ss) “Storage” means a warehouse, enclosed yard, or other area established for the 

primary purpose of maintaining registered engines or equipment units when not 

in operation. 

(tt) “Street Sweeper” means the same as “Dual-engine Street Sweeper” defined in 

title 13, CCR Cal. Code Regs., section 2022(b)(2). 

(uu) “Tactical Support Equipment (TSE)” means equipment using a portable 

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

U.S. Department of Defense, 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, internal 

combustion engines associated with portable generators, aircraft start carts, 

heaters and lighting carts. 

(vv) “Third-party Rental” means a non-rental business renting or leasing registered 

engines and/or equipment units to another party by written agreement. 

(ww) “Tier 1 Engine” means a certified compression-ignition nonroad engine 

according to the horsepower and model year as follows: 

≥50 bhp and <100 bhp; 1998 through 2003 

≥100 bhp and <175 bhp; 1997 through 2002 

≥175 bhp and <300 bhp; 1996 through 2002 

≥300 bhp and <600 bhp; 1996 through 2000 

≥600 bhp and ≤750 bhp; 1996 through 2001 

>750 bhp; 2000 through 2005. 

(xx) “Tier 2 Engine” means a certified compression-ignition nonroad engine 

according to the horsepower and model year as follows:

≥50 bhp and <100 bhp; 2004 through 2007 

≥100 bhp and <175 bhp; 2003 through 2006 

≥175 bhp and <300 bhp; 2003 through 2005 

≥300 bhp and <600 bhp; 2001 through 2005 

≥600 bhp and ≤750 bhp; 2002 through 2005 

>750 bhp; 2006 through 2010.

(yyww) “Transportable” means the same as portable. 

(zzxx) “U.S. EPA” means the United States Environmental Protection Agency. 
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(aaa) “Vendor” means a seller or supplier of portable engines or equipment units for 

use in California.

(bbbyy) “Volatile Organic Compound (VOC)” means any compound containing at least 

one atom of carbon except for the following exempt compounds: acetone, 

ethane, parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), 

methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, ammonium carbonates, methylene chloride (dichloromethane), 

methyl chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), 

CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 

(chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 

(dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-123 

(dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b 

(dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), HCFC-124 

(chlorotetrafluoroethane), HFC-23 (trifluoromethane), HFC-134 

(tetrafluoroethane), HFC-125 (pentafluoroethane), HFC-143a (trifluoroethane), 

HFC-152a (difluoroethane), cyclic, branched, or linear completely methylated 

siloxanes, the following classes of perfluorocarbons: 

(1) cyclic, branched, or linear, completely fluorinated alkanes; 

(2) cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 

(3) cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations; and 

(4) sulfur-containing perfluorocarbons with no unsaturations and with the 

sulfur bonds to carbon and fluorine, acetone, ethane, and 

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene). 

(zz) “Water Well Drilling Rig” means the same as “Two-Engine Water Well Drilling 

Rig” defined in title 13, Cal. Code Regs., section 2449(c)(60). 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2453. Application Process. 

(a) In order for an engine or equipment unit to be considered for registration by the 

Executive Officer, the engine or equipment unit must be portable as defined in 

section 2452 (dd) and meet all applicable requirements established in this article. 

(b) For purposes of registration under this article, an engine and the equipment unit it 

serves are considered to be separate emissions units and require separate 

applications. 
A-11

(c) For an identical replacement, an owner or operator of a registered portable 

engine or equipment unit is not required to complete a new application and may 

immediately operate the identical replacement. Except for TSE, the owner or 

operator shall notify the Executive Officer in writing within five calendar days of 

replacing the registered engine or equipment unit with an identical replacement. 

Notification shall include company name, responsible official, phone number, 

registration certificate number of the engine or equipment unit to be replaced; 

and make, model, rated brake horsepower, serial number of the identical 

replacement, description of the mechanical breakdown; and applicable fees as 

required in section 2461. Misrepresentation of engine or equipment unit 

information or the failure to meet the requirements of this regulation shall be 

deemed a violation of this article. 

(d) The Executive Officer shall inform the applicant, in writing, if the application is 

complete or deficient, within 30 days of receipt of an application. If deemed 

deficient, the Executive Officer shall identify the specific information required to 

make the application complete. 

(e) The Executive Officer shall issue or deny registration within 90 days of receipt of 

a complete application. 

(f) Upon finding that an engine or equipment unit meets the requirements of this 

article, the Executive Officer shall issue a registration for the engine or equipment 

unit. The Executive Officer shall notify the applicant in writing or electronic 

notification that the engine or equipment unit has been registered. The written or 

electronic notification shall include a registration certificate, and any conditions to 

ensure compliance with State and federal requirements,. For electronic 

notification, the applicant shall submit an agreement with the application to 

accept electronic notification in lieu of written notification. In addition, and a 

registration identification device shall be mailed by the Executive Officer for each 

engine or equipment unit registered pursuant to this regulation. Except for TSE, 

the registration identification device shall be affixed on the engine or equipment 

unit at all times, and the registration certificate including operating conditions 

shall be kept on the immediate premises with the engine or equipment at all 

times and made accessible to the Executive Officer or district upon request. 

Failure to properly maintain the registration identification device shall be deemed 

a violation of this article. 

(g) Except for TSE, each application for registration and the appropriate fee(s) as 

specified in section 2461, shall be submitted in a format approved by the 

Executive Officer and include, at a minimum, the following information: 

(1) indication of general nature of business (e.g., rental business, etc.); 

(2) the name of applicant, including mailing address, email address, and 

telephone number; 

(3) a brief description of typical engine or equipment- unit use; 
A-12

(4) detailed description, including engine or equipment- unit make, model, 

manufacture year (for portable engines only), rated brake horsepower, 

throughput, capacity, emission control equipment, and serial number; 

(5) necessary engineering data, emissions test data, or manufacturer’s 

emissions data to demonstrate compliance with the requirements as 

specified in sections 2455, 2456, and 2457; 

(6) for owners of water well drilling rigs, a copy of a current, valid C-57 water 

well drilling contractors license; 

(67) for resident engines, a copy of either a current permit to operate that was 

granted by a district, or documentation as described in section 2452 (mm); 

and 

(78) the printed name and written or electronic signature of the responsible 

official and date of the signature. 

(h) For TSE, application for registration and the appropriate fee(s) as specified in 

section 2461, shall be submitted in a format approved by the Executive Officer 

and include, at a minimum, the following information: 

(1) the name of applicant, including mailing address, email address, and 

telephone number; 

(2) a brief description of typical engine or equipment-unit use; 

(3) engine or equipment- unit description, including type and rated brake 

horsepower; and 

(4) the printed name and written or electronic signature of the responsible 

official and date of the signature. 

(i) All registered engines and equipment units shall have a designated home district 

as defined in section 2452 (o) according to the following: 

(1) Oowners holding valid registration(s) prior to the effective date shall 

designate in writing to the Executive Officer a home district within 90 days 

of the effective date of this regulation. The Executive Officer shall 

designate the home district for any and all registered engines and 

equipment units for existing registration program participants that fail to 

designate a home district; 

(2) a home district shall be designated on each application for initial 

registration of an engine or equipment unit; and 

(3) except for registered engines or equipment units owned by a rental 

business or involved in a third party rental, if the engine or equipment unit, 

based on averaging of annual operation in each district from the three 

annual reports submitted during the 3 year registration cycle operational 

and/or location records as required by 2458(a) or the annual report as 

required 2458(g) for the calendar year prior to renewal, operated the 

largest percentage of the time in a district other than the designated home 

district, the owner shall change the home district designation at the time of 

renewal. The change is not required if the difference between the home 

district operation percentage and the district with the largest operating 

percentage is 5 percent or less. 
A-13

(j) Engines or equipment units owned and operated for the primary purpose of 

rental by a rental business shall be identified as rental at the time of application 

for registration and shall be issued a registration specific to the rental business 

requirements of this article. Misrepresentation of portable engine or equipment 

unit use in an attempt to qualify under the rental business definition shall be 

deemed a violation of this article. 

(k) New applications for non-operational engines or equipment units will not be 

accepted by the Executive Officer. 

(l) Once registration is issued by the Executive Officer, district permits or district

registrations for engines or equipment units registered in the Statewide 

Registration Program are preempted by the statewide registration and are, 

therefore, considered null and void, except for the following circumstances where 

a district permit shall be required: 

(1) engines or equipment units used in a project(s) operating in the OCS. The 

requirements of the district permit or registration apply to the registered 

engine or equipment unit while operating at the project(s) in the OCS; or 

(2) engines or equipment units used in a project(s) operating in both the OCS 

and STW. The requirements of the district permit or registration apply to 

the registered engine or equipment unit while operating at the project(s) in 

the OCS and STW; or 

(3) at STW project(s) that trigger district emission offset thresholds; or 

(4) at any specific location where statewide registration is not valid. The 

owner of the engine or equipment unit shall obtain a district permit or 

registration for the location(s) where the statewide registration is not valid; 

or 

(5) at any location where an engine or equipment unit that has been 

determined to cause a public nuisance as defined in Health and Safety 

Code Section 41700. 

Under no circumstances shall a portable engine or equipment unit be operated 

under both statewide registration and a district permit at any specific location. 

Where both a district permit for operation at a specific location and statewide 

registration have been issued for an engine or equipment unit, the terms of the 

district permit shall take precedence at that location. 

(m) When ownership of a registered engine or equipment unit changes, the new 

owner shall submit a change of ownership application. This application shall be 

filed within 30 days of the change of ownership. During the 30 day period the 

new owner is authorized to operate the registered engine or equipment unit. If 

an application is not received within 30 days, the engine or equipment unit may 

not operate and the existing registration is not valid for the new owner until the 

application has been filed and all applicable fees have been paid. Registration 

will be reissued to the new owner after a complete application has been 

approved by the Executive Officer. 
A-14

(n) Except for TSE, a placard shall be required for every engine or equipment unit 

registered in the Statewide Registration Program. The placard shall be affixed 

on the registered engine or equipment unit at all times so that it may be easily 

viewed from a distance. Placards shall be purchased at the time of the first 

renewal or at the time of initial registration, which ever occurs first. Failure to 

properly maintain the placard shall be deemed a violation of this article. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2454. Registration Process. 

(a) The Executive Officer shall make registration data available to the districts via the 

Internet. 

(b) The Executive Officer may conduct an inspection of an engine or equipment unit 

and/or require a source test in order to verify compliance with the requirements of 

this article prior to issuance of registration. 

(c) After obtaining registration in accordance with this article, an owner or operator of 

the registered engines or equipment units: 

(1) shall comply with all conditions set forth in the issued registration. Failure 

to comply with such conditions shall be deemed a violation of this article; 

and 

(2) may operate within the boundaries of the State of California so long as 

such registered engines or equipment units comply with all applicable 

requirements of this article and any other applicable federal or State law. 

(d) Districts shall provide the Executive Officer with written reports or electronic 

submittals via the Internet, describing any inspections and the nature and 

outcome of any violation of local, State or federal laws by the owner or operator 

of registered engines or equipment units. The Executive Officer shall make 

available to all districts such information via the Internet. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2455. General Requirements. 

(a) The emissions from engines or equipment units registered under this article shall 

not, in the aggregate, interfere with the attainment or maintenance of any 

California or federal ambient air quality standard. The emissions from one or 

more registered engines or equipment units, exclusive of background 

concentration, shall not cause an exceedance of any ambient air quality 

standard. This paragraph shall not be construed as requiring operators of 
A-15

registered engines or equipment units to provide emission offsets for engines or 

equipment units registered under this article. 

(b) Engines or equipment units registered under this article shall comply with article 

1, chapter 3, part 4, division 26 of the California Health and Safety Code, 

commencing with section 41700. 

(c) Except for engines or equipment units permitted or registered by a district in 

which an emergency event occurs, an engine or equipment unit operated during 

an emergency event as defined in section 2452 (j) of this article, is considered 

registered under the requirements of this article for the duration of the emergency 

event and is exempt from sections 2455, 2456, 2457, 2458, and 2459 of this 

article for the duration of the emergency event provided the owner or operator 

notifies the Executive Officer within 24 hours of commencing operation. The 

Executive Officer may for good cause refute that an emergency event under this 

provision exists. If the Executive Officer deems that an emergency event does 

not exist, all operation of engines and equipment units covered by this provision 

shall cease operation immediately upon notification by the Executive Officer. 

Misrepresentation of an emergency event and failure to cease operation under 

notice of the Executive Officer shall be deemed a violation of this article. 

(d) For the purposes of registration under this article, the owner or operator of a 

registered equipment unit must notify the U.S. EPA and comply with 40 CFR 

52.21 if: 

(1) the registered equipment unit operates at a major stationary source under 

40 CFR 51.166 or 52.21, and 

(A) the major stationary source is located within 10 kilometers of a 

Class I area; or 

 (B) the registered equipment unit, operating in conjunction with other 

registered equipment units, operates at the major stationary source 

and its operation would be defined as a major modification to the 

stationary source under 40 CFR 51.166 or 52.21; or 

(2) the registered equipment unit, operating in conjunction with other 

registered equipment units, would be defined as a major stationary 

source, as defined under 40 CFR 51.166 or 52.21. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2456. Engine Requirements. 

(a) For TSE, no air contaminant shall be discharged into the atmosphere, other than 

uncombined water vapor, for a period or periods aggregating more than three 

minutes in any one hour which is as dark or darker in shade as that designated 

as No. 2 on the Ringelmann Chart, as published by the United States Bureau of 
A-16

Mines, or of such opacity as to obscure an observer’s view to a degree equal to 

or greater than does smoke designated as No. 2 on the Ringelmann Chart. No 

other requirements of this section are applicable to TSE. 

(b) Registered diesel pile-driving hammers shall comply with the applicable 

provisions of section 41701.5 of the California Health and Safety Code and are 

otherwise exempt from further requirements of this section. 

(c) Registered diesel engines used on a crane shall comply with the applicable 

requirements in title 13, CCR Cal. Code Regs., section 2449 and are otherwise 

exempt from further requirements of this section, except for subsection (f)(5). 

(d) Registered diesel engines used on a street sweeper that are not subject to the 

requirements of title 13, CCR Cal. Code Regs., section 2022 shall comply with 

the applicable requirements in title 13, CCR Cal. Code Regs., section 2025 and 

are otherwise exempt from further requirements of this section, except for 

subsection (f)(5). 

(e) To be registered in the Statewide Registration Program, a registered engine 

rated less than 50 brake horsepower shall be a certified compression-ignition 

engine or a certified spark-ignition engine, unless no emission standards exist for 

that brake horsepower and year of manufacture. In that event, the engine shall 

comply with the applicable daily and annual emission limits contained in section 

2456 (f)(6) of this article. No other requirements of this section are applicable to 

portable engines rated less than 50 brake horsepower. 

(f) After January 1, 2006, eEngines rated equal to, or greater than 50 bhp registered 

under this article shall: 

(1) be certified compression-ignition engines or certified spark-ignition 

engines that meet the most stringent emissions standard in effect for the 

applicable horsepower range at the time the application for initial 

registration is submitted by the responsible official. Spark-ignition engines 

that are not certified spark-ignition engines may be registered if they meet 

the emission standards in Table 1. Subsection (f)(1) does not apply to 

certified compression-ignition engines built under the flexibility provisions 

listed in 40 CFR Part 89.102, engines that are resident engines, changes 

of ownership, or engines that meet the requirements of title 17, CCR Cal. 

Code Regs., sections 93116.3(b)(75) or 93116.3.1. 

(2) meet all applicable requirements in title 17, CCR Cal. Code Regs., sections 

93116 through 93116.5, except that engines used on vessels as defined in 

title 17 Cal. Code Regs. section 93118.5(d)(84) shall meet the applicable 

requirements of title 17 Cal. Code Regs., section 93118.5; 

(3) use only fuels meeting the standards for California motor vehicle fuels as 

set forth in chapter 5, division 3, title 13, CCR Cal. Code Regs., 

commencing with section 2250, or other fuels and/or additives that have 

been verified through the Verification Procedure for In-Use Strategies to 

Control Emissions from Diesel Engines; 
A-17

(4) not exceed particulate matter emissions concentration of 0.1 grain per 

standard dry cubic feet corrected to 12 percent CO2. This provision does 

not apply to certified compression-ignition engines, certified spark-ignition 

engines, or any spark-ignition engine meeting Table 1 requirements; 

(5) not discharge air contaminants into the atmosphere for a period or periods 

aggregating more than three minutes in any one hour which is as dark as 

or darker than Ringelmann 1 or equivalent 20 percent opacity; and 

(6) not exceed the following emission limits: 

(A) 550 pounds per day per engine of carbon monoxide (CO); 

(B) 150 pounds per day per engine of particulate matter less than 10 

microns (PM10); 

(C) for registered engines operating onshore, 10 tons for each pollutant 

per district per year per engine for NOx, SOx, VOC, PM10, and CO 

in nonattainment areas; and 

(D) for registered engines operating within STW: 

(1) the offset requirements of the corresponding onshore district 

apply. Authorization from the corresponding onshore district 

is required prior to operating within STW. If authorization is 

in the form of a current district permit, the terms and 

conditions of the district permit supersede the requirements 

of the statewide registration for the project, except that the 

most stringent of the technology and emission concentration 

limits required by the district permit or statewide registration 

are applicable. If the registered engine does not have a 

current district permit, the terms and conditions of the 

statewide registration apply, and the corresponding onshore 

district may require offsets pursuant to district rules and 

regulations. The requirement for district offsets shall not 

apply to the owner or operator of an engine(s) registered in 

the statewide registration program when the engine(s) is 

operated at a stationary source permitted by the district; and 

(2) the corresponding onshore district may perform an ambient 

air quality impact analysis (AQIA) for the proposed project 

prior to granting authorization. The owner or operator of 

engine(s) registered in the statewide registration program 

shall be required, at the request of the district, to submit any 

information deemed by the district to be necessary for 

performing the AQIA. Statewide registration shall not be 

valid at any location where the AQIA demonstrates a

potential violation of an ambient air quality standard. 

(E) for registered engines operating in the South Coast Air Quality 

Management District (SCAQMD), 100 pounds nitrogen oxides 

(NOx) per project per day [An owner may substitute SCAQMD 

permit or registration limits in effect on or before September 17, 

1997 (optional)]; 
A-18

(F) 100 pounds NOx per registered engine per day, except in 

SCAQMD where the limit is 100 pounds NOx per project per day. 

 

(7) In lieu of (6)(E) and (6)(F) above, operation of a registered new nonroad 

engine rated at 750 brake horsepower or greater for which a federal or 

California standard pursuant to 40 CFR Part 89 or title 13, CCR Cal. Code 

Regs. has not yet become effective, shall not exceed 12 hours per day. 

(8) For registered engines that operate in both STW and onshore, the 10 tons 

per district per year per engine limit in (6)(C) above shall only apply 

onshore. 

(9) For certified compression-ignition engines, certified spark-ignition engines, 

or any spark-ignition engine meeting Table 1 requirements, the daily and 

annual emission limitations in section 6 above shall not apply. 

(10) Effective January 1, 2010, all registered spark-ignition engines rated at 50 

brake horsepower or greater shall be certified spark-ignition engines or 

shall meet Table 1 requirements. For those spark ignition engines that are 

not certified spark-ignition engines or do not meet Table 1 requirements,

the registration shall expire on December 31, 2009 and the engine will not 

be allowed to operate under the authority of this regulation.

(11) Notwithstanding the requirements of 2456(f)(10), any company, public 

agency, or military base with no more than 25 total portable engines may

choose to select specific registered spark-ignition engines to operate until 

December 31, 2010. The selections shall be submitted to the Executive 

Officer no later than May 31, 2010, and are subject to the requirements 

below:

(A) one spark-ignition engine shall be selected with no restriction 

for maximum rated horsepower; or

(B) no more than five spark-ignition engines shall be selected 

not to exceed 500 cumulative brake horsepower for the 

selected engines.

(C) If an owner has selected one uncertified compressionignition engines per title 17 Cal. Code Regs. section

93116.3(b)(1)(C)(2), then subsection 2456(f)(11)(A) shall not 

be used.

(D) If an owner has selected less than five uncertified 

compression-ignition engines per title 17 Cal. Code Regs.

section 93116.3(b)(1)(C)(3), 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.

(g) All registered engines shall be equipped with a functioning non-resettable hour 

meter, fuel meter or other operation tracking device approved by the Executive 

Officer. Engines registered prior to the effective date of this regulation, that are 

not equipped with a functional non-resettable hour meter, fuel meter or other 

operation tracking device shall install one and notify ARB in writing within 6 

months of the effective date of this regulation.
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(h) Registered TSE is exempt from district New Source Review and Title V 

programs, including any offset requirements. Further, emissions from registered 

TSE shall not be included in Title V or New Source Review applicability 

determinations. 

(i) Registered diesel engines used on a water well drilling rig shall comply with the 

applicable requirements in title 13, Cal. Code Regs., section 2449 and are 

otherwise exempt from further requirements of this section, except for subsection 

(f)(5).

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

Table 1 Spark-ignition Engine Requirements* 

Pollutant Emission Limits 

NOx** VOC** CO**

80 ppmdv NOx 

(1.5 g/bhp-hr) 

240 ppmdv VOC 

(1.5 g/bhp-hr) 

176 ppmdv CO 

(2.0 g/bhp-hr)

* These requirements are in addition to requirements of section 2455 and 2456. 

** For the purpose of compliance with this article, ppmdv is parts per million @ 15 percent oxygen averaged 

over 15 consecutive minutes. Limits of ppmdv are the approximate equivalent to the stated grams per 

brake horsepower hour limit based on assuming the engine is 24.2 percent efficient. 

§ 2457. Requirements for Registered Equipment Units. 

 (a) Emissions from a registered equipment unit, exclusive of emissions emitted 

directly from the associated portable engine, shall not exceed: 

(1) 10 tons per year per district of PM10; and 

(2) 82 pounds per project per day of PM10. 

(3) For registered equipment units that operate within STW and onshore, 

emissions released while operating both in STW and onshore shall be 

included toward the 10 tons per year limit. 

(b) Registered equipment units shall also meet the following applicable 

requirements: 

(1) Confined abrasive blasting operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(B) the particulate matter emissions shall be controlled using a fabric or 

cartridge filter dust collector; 
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(C) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the dust 

collection equipment; 

(D) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; and 

(E) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

(2) Concrete batch plants: 

(A) all dry material transfer points shall be ducted through a fabric or 

cartridge type filter dust collector, unless there are no visible 

emissions from the transfer point; 

(B) all cement storage silos shall be equipped with fabric or cartridge 

type vent filters; 

(C) the silo vent filters shall be maintained in proper operating 

condition; 

(D) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(E) open areas and all roads subject to vehicular traffic shall be paved, 

watered, or chemical palliatives applied to prevent fugitive 

emissions in excess of 20 percent opacity or Ringelmann 1; 

(F) silo service hatches shall be dust-tight; 

 (G) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the fabric dust 

collection equipment; 

(H) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; 

(I) all aggregate transfer points shall be equipped with a wet 

suppression system to control fugitive particulate emissions unless 

there are no visible emissions; 

(J) all conveyors shall be covered, unless the material being 

transferred results in no visible emissions; 

(K) wet suppression shall be used on all stockpiled material to control 

fugitive particulate emissions, unless the stockpiled material results 

in no visible emissions; and 

(L) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

 (3) Sand and gravel screening, rock crushing, and pavement crushing and 

recycling operations: 
A-21

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(B) there shall be no visible emissions beyond the property line on 

which the equipment is being operated; 

(C) all transfer points shall be ducted through a fabric or cartridge type 

filter dust collector, or shall be equipped with a wet suppression 

system maintaining a minimum moisture content unless there are 

no visible emissions; 

(D) particulate matter emissions from each crusher shall be ducted 

through a fabric dust collector, or shall be equipped with a wet 

suppression system which maintains a minimum moisture content 

to ensure there are no visible emissions; 

(E) all conveyors shall be covered, unless the material being 

transferred results in no visible emissions; 

(F) all stockpiled material shall be maintained at a minimum moisture 

content unless the stockpiled material results in no visible 

emissions; 

(G) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the fabric dust 

collection equipment; 

(H) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; 

(I) open areas and all roads subject to vehicular traffic shall be paved, 

watered, or chemical palliatives applied to prevent fugitive 

emissions in excess of 20 percent opacity or Ringelmann 1; and 

(J) if applicable, the operation shall comply with the requirements of 40 

CFR Part 60 Subpart OOO. 

(4) Unconfined abrasive blasting operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 2 or equivalent 

40 percent opacity; 

(B) only California Air Resources Board-certified abrasive blasting 

material shall be used [Note: see title 17, CCR Cal. Code Regs., 

section 92530 for certified abrasives.]; 

(C) the abrasive material shall not be reused; 

(D) no air contaminant shall be released into the atmosphere which 

causes a public nuisance; 

(E) all applicable requirements of title 17, CCR Cal. Code Regs. shall 

also apply; and 

(F) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 
A-22

(5) Tub grinders and trommel screens: 

(A) there shall be no visible emissions beyond the property line on 

which the equipment is being operated; 

(B) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark or darker than Ringelmann 1 or equivalent 

20 percent opacity; and 

(C) water suppression or chemical palliatives shall be used to control 

fugitive particulate emissions from the tub grinder whenever the tub 

grinder is in operation, unless there are no visible emissions. 

(c) Registered equipment units not described in section 2457(b) above, shall be 

subject to the most stringent district Best Available Control Technology (BACT) 

requirements in effect for that category of source at the time of application for 

registration. 

(d) No change in equipment unit configuration, operating scenario, or number of 

transfer points from that set out in the registration for the equipment unit shall be 

made unless a complete application for modification has been filed and approved 

by the Executive Officer prior to operation. 

 

(e) Registration is not valid for any equipment unit operating at a location if by virtue 

of the activity to be performed hazardous air pollutants will be emitted (e.g., rock 

crushing plant operating in a serpentine quarry). [Note: The equipment unit 

would be subject to the requirements of the district in which the equipment unit is 

operated.] 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2458. Recordkeeping and Reporting. 

(a) Except for registered engines owned by a rental business, used in a third-party 

rental, certified compression-ignition engines and certified spark-ignition engines

operated by a PEPS, used on a crane, used on a street sweeper, used on a 

water well drilling rig, or TSE, the owner or operator of registered engines or 

equipment units, including engines otherwise preempted under section 209 (e) of 

the federal Clean Air Act, or registered equipment units shall maintain records of 

operation of each registered engine and equipment unit. Recordkeeping for 

engines not previously required to maintain records shall begin upon the effective 

date of the regulation or January 1, 2007, which ever is later. For engines not 

previously required to have an hour meter, fuel meter or other device approved 

by the Executive Officer, the owner or operator shall record hours of operation 

until the hour meter, fuel meter or other device approved by the Executive Officer 

has been installed. The records shall be maintained at a central place of 
A-23

business for five years, and made accessible to the Executive Officer or districts 

upon request. Records shall be maintained in a format approved by the 

Executive Officer and include, at a minimum, all of the following: 

(1) engine or equipment unit registration number; 

(2) recordings from an hour meter, fuel meter, or other device approved by 

the Executive Officer, and the corresponding dates of the recordings for 

each registered engine or equipment unit based on the following:

(A) for each project as defined in 2452 (gg) or (hh), readings shall be 

recorded prior to the commencement of operation and at the 

completion of the project; or

(B) for ongoing operation of a registered engine or equipment unit at 

multiple locations within a stationary source, readings shall be 

recorded at the beginning and end of each calendar week; or

(C) for each location, readings shall be recorded prior to 

commencement of operation and upon completion of operation at 

that location.

(32) For registered engines and equipment units subject to a daily and/or 

annual operational limitation, daily or annual records as appropriate of 

either hours of operation, fuel usage, or process throughput as applicable. 

(43) For equipment units subject to the requirements of section 2457(b)(3), 

daily throughput shall be the sum of measurements of material introduced 

into the equipment unit by weight. These measurements shall be taken at 

the initial loading point(s) of the equipment unit.

(5) recordings from an hour meter, fuel meter, or other device approved by 

the Executive Officer and the corresponding dates of the recordings any 

time an engine or equipment unit is undergoing service, repair, or 

maintenance; and 

(6) for each start and stop reading specified in (2) and (3) above, the location 

where the registered engine or equipment is located identified by district, 

county, or other indicator (i.e., street address, UTM coordinates, etc.)

(4) Except for certified engines, the specific location where the registered 

engine or equipment unit is located (i.e. street address and city, county 

and UTM coordinates, or other location indicator) shall be recorded each 

time the engine or equipment unit is brought to a new location. The date

the engine or equipment unit was placed at the new location shall also be 

recorded.

(5) For certified engines, the specific location where the registered engine is 

located (i.e. street address and city, county and UTM coordinates, or other 

location indicator) shall be recorded no less than once a month.

(b) A rental business or the owner of a registered engine or equipment unit involved 

in a third party rental, shall maintain records for each rental or lease transaction. 

The written rental or lease agreement, or other equivalent document as approved 

by the Executive Officer shall be kept onsite with the registered engine or 

equipment unit at all times. Recordkeeping for registered engines not previously 

required to maintain records shall begin upon the effective date of the regulation 
A-24

or January 1, 2007, which ever is later. For registered engines not previously 

required to have an hour meter, fuel meter or other device approved by the 

Executive Officer, the owner or operator shall record hours of operation until the 

hour meter, fuel meter or other device approved by the Executive Officer has 

been installed. The owner shall provide each person who rents a registered 

engine or equipment unit with a written copy of applicable requirements of this 

article, including recordkeeping and notification requirements, as a part of the 

agreement. The records, including written acknowledgment by each renter of the 

registered engine or equipment unit of having received the above information, 

shall be maintained by the rental business or the owner of the registered engine 

or equipment unit involved in a third-party rental at a central location for five 

years, and made accessible to the Executive Officer or districts upon request. 

Records for each rental equipment unit shall be kept according to section 

2458(a). Records shall be maintained in a format approved by the Executive 

Officer and include, at a minimum, for each rental engine all of the following: 

(1) registered engine registration number; 

(2) dates for the start and end of the rental transaction; 

(3) For registered engines, hours of operation for each rental period including 

the hour meter reading at the start of the rental transaction and the hour 

meter reading at the end of the rental transaction; and 

(4) location of use (by district, county or other indicator (i.e., street address, 

UTM coordinates, etc.)).

(4) The specific location where the registered engine is located while out on 

rent identified by street address and city, county and UTM coordinates, or 

other location indicator shall be recorded no less than once a month

(c) For TSE, each military installation shall provide the Executive Officer an annual 

report, in a format approved by the Executive Officer, within 60 days after the end 

of each calendar year. The report shall include the number, type, and rating of 

registered TSE at each installation as of December 31 of that calendar year, and 

be accompanied by the applicable fees pursuant to section 2461. Any variation 

of registered TSE to actual TSE shall be accounted for in this annual report, and 

the Executive Officer shall issue an updated TSE list accordingly. A renewal 

registration will be issued with the updated TSE list every three years according 

to expiration date. 

(d) For each registered engine subject to the requirements of title 17, Cal. Code 

Regs., section 93116, the owner shall keep records and submit reports in 

accordance with title 17, CCR Cal. Code Regs., section 93116.4. 

(e) Except for registered certified compression-ignition and certified spark-ignition

engines, engines used on a crane, engines used on a street sweeper, engines 

used on a water well drilling rig, or TSE, the owner of a registered engine or 

equipment unit shall provide the Executive Officer an annual report signed by the 

responsible official, in a format approved by the Executive Officer, by March 1 of 

each calendar year containing all of the following information: 

(1) the reporting year; 
A-25

(2) the registration number of each registered engine and/or equipment unit; 

(3) for registered engines, quarterly summaries for each district or county the 

total fuel usage in gallons per quarter, or total hours of operation per 

quarter, for each registered engine; and 

(4) for registered equipment units, quarterly summaries for each district or 

county in which the registered equipment unit was operated and the total 

process weight or throughput. 

(f) The owner of a registered engine or equipment unit owned by a rental business 

or used in a third-party rental transaction shall provide the Executive Officer an 

annual report signed by the responsible official, in a format approved by the 

Executive Officer, by March 1 of each calendar year containing all of the 

following information: 

 (1) the reporting year; 

 (2) the registration number of each registered engine and/or equipment unit; 

(3) total hours of operation for the reporting year for each registered engine 

based on, and including, beginning and ending annual hour meter 

readings and dates upon which the total hours of annual operation 

calculation is based; 

(4) list of all counties in which the registered engine operated in during the 

reporting year as reported by the entity(ies) that operated the registered 

engine;

(5) estimate of the percentage of total hours for each engine operated in each 

of the counties identified in (4) above; and 

(6) for registered equipment units, quarterly and annual summaries for each 

district or county in which the registered equipment unit was operated and 

the total process weight or throughput.

(g) the owner or operator of a registered engine or equipment unit used by a PEPS 

shall provide the Executive Officer an annual report, in a format approved by the 

Executive Officer, by March 1st of each calendar year containing all of the 

following information: 

 (1) the reporting year; 

 (2) the registration number of each registered engine and/or equipment unit; 

(3) for registered engines, the total annual hours of operation; and 

(4) for registered equipment units, the total annual process throughput.

estimate of the percentage of hours or fuel usage for the three counties in 

which the registered engine or equipment unit operated the most. 

(5) an estimate of the percentage of time spent in the three counties in which

the registered engine or equipment unit operated the most.

(h) Records requests made by a district or Executive Officer shall be made to the 

responsible official. The responsible official shall provide the requested records 

within 30 days from receipt of the request. Failure to provide the records by the 

specified date shall be deemed a violation of this article. 
A-26

(i) Each district shall provide the Executive Officer with an annual report, in a format 

approved by the Executive Officer, by March 31 following the year in which the 

information was collected containing all of the following information: 

(1) the number of portable engines and equipment units inspected; 

(2) the number of portable engines and/or equipment units found operating 

without valid district permits or statewide registrations; 

(3) the number of registered engines and equipment units inspected; and 

(4) summary of results of inspections. 

(j) Vendors selling new portable engines and/or equipment units in California shall:

(1) notify the buyer about this regulation; and

(2) on a monthly basis submit to the Executive Officer the number of portable 

engines and/or portable equipment units sold by the vendor for use in 

California including: the name, address, and contact information of the 

purchaser, and description of the engine and/or equipment unit including 

make, model, and engine family name.

(kj) Registered diesel engines used on a crane shall comply with the applicable 

requirements in title 13, CCR Cal. Code Regs., section 2449 and are otherwise 

exempt from the requirements of this section. 

(lk) Registered diesel engines used on a street sweeper sweeper that are not subject 

to the requirements of title 13, CCR Cal. Code Regs., section 2022 shall comply 

with the applicable requirements in title 13, CCR Cal. Code Regs., section 2025 

and are otherwise exempt from the requirements of this section. 

(l) Registered diesel engines used on a water well drilling rig shall comply with the 

applicable requirements in title 13, Cal. Code Regs., section 2449 and are 

otherwise exempt from the requirements of this section.

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2459. Notification. 

(a) Except as listed in subsection (d) of this section, if a registered equipment unit 

will be at a location for more than five days, the owner or operator of that 

registered equipment unit, shall notify the district in writing in a format approved 

by the Executive Officer, within two working days of commencing operations in 

that district. If the registered equipment unit is to be moved to different locations 

within the same district, the owner or operator shall be subject to the notification 

requirements above, unless the owner or operator and the district, by mutual 

agreement, arrange alternative notification requirements on a case-by-case 

basis. The notification shall include all of the following: 
A-27

(1) the registration number of the registered equipment unit; 

(2) the name and phone number of the responsible official or renter with 

information concerning the locations where the registered equipment unit 

will be operated within the district; and 

(3) estimated time the registered equipment unit will be located in the district. 

(b) If the district has not been notified as required in section 2459(a) above, because 

the owner or operator did not reasonably expect the duration of operation to 

trigger the notification requirement in section 2459(a) above, the owner or 

operator shall notify the district, in a format approved by the Executive Officer, 

within 12 hours of determining the registered equipment unit will be operating at 

a location more than five days. 

(c) Owners and operators of TSE are not subject to the notification requirements of 

this section 2459. 

(d) For STW projects, the owner or operator of a registered engine or registered 

equipment unit shall notify the corresponding onshore district in writing, in a 

format approved by the Executive Officer at least 14 days in advance of 

commencing operations in that district. The notification shall include all of the 

following: 

(1) the registration number of the registered engine or equipment unit; 

(2) the name and phone number of the responsible official with information 

concerning the locations where the registered engine or equipment unit 

will be operated within the district; 

(3) estimated time the registered engine(s) or equipment unit(s) will be 

located in the district; and 

(4) calculations showing the estimation of actual emissions expected for the 

project. 

 (e) Except as listed in section 2459(d) above, owners and operators of registered 

engines are not subject to notification requirements. 

(f) The Executive Officer shall make available via the Internet a list of approved 

notification methods for each district. 

(g) Failure to provide the required notifications within the timelines specified in this 

section shall be deemed a violation of this regulation. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 
A-28

§ 2460. Inspections and Testing. 

(a) In determining if a portable engine or equipment unit is eligible for registration, 

the Executive Officer may inspect the portable engine or equipment unit and/or 

require a source test, at the owner’s expense. 

(b) Each district shall inspect all registered engines and equipment units for which 

the district has been designated as the home district pursuant to section 2453(i) 

above, as specified below: 

(1) Within 45 days after the date of initial issuance or renewal of a 

registration, the owner or operator shall contact the home district to 

arrange for inspection of the registered engine or equipment unit to be 

completed within one year of the initial registration or renewal date. An 

arranged inspection shall not be required for engines selected for 

registration extension per 2456(f)(11) or title 17 Cal. Code Regs., section 

93116.3(b)(1)(C). If the registered engine or equipment unit shall be

operating in a district, other than the home district, the owner or operator 

may request the home district to arrange for an inspection by that other 

district. 

(2) For portable engines, each home district should conduct no more than 20 

percent of the arranged inspections for that district as in-field inspections. 

All arranged inspections not conducted as in-field inspections shall be 

conducted as non-field inspections. If a portable engine is found in 

violation during an in-field inspection, the next arranged inspection for that 

engine shall be an in-field inspection. This section does not limit the 

authority of a district to conduct any number of non-arranged in-field or 

non-field inspections for which no fee is charged. 

(3) For registered equipment units operating with registered engines, the 

owner or operator may not request that the registered engine be inspected 

at the hourly rate specified in Table 32 for equipment unit inspections. 

Inspection fees for registered engines are to be paid as listed in item 14 in 

Table 32. 

(4) Arranged inspections for PEPS engines and registered equipment units 

shall be non-field inspections unless an in-field inspection is requested by 

the holder of the registration and a reasonable in-field inspection location 

is arranged with the appropriate district. 

(5) The time for an arranged inspection shall be agreed upon in advance with 

the district and company preferences regarding time of day shall be 

accommodated within reason. To the extent that an arranged inspection 

does not fall within the district’s normal workday, the district may charge 

for the off-hour time based on a fee as specified in Table 32. 

(6) If an arranged inspection of a registered engine or registered equipment 

unit does not occur due to unforeseen circumstances, the owner or 

operator and the home district shall reschedule the arranged inspection no 
A-29

later than 90 days of the initially scheduled inspection. Any unreasonable 

actions on the part of the owner or operator that prevents the inspection to 

occur within the specified time frame shall be deemed a violation of this 

article. Actions taken by the owner or operator that could be deemed 

“unreasonable” include, but are not limited to: 

 

(A) failing to respond to the district correspondences or other contracts 

made to schedule the inspection; 

(B) failing to ensure that the registered engine or equipment unit is in 

operation for arranged “in-field inspections” or where the district has 

provided advance notification to the owner or operator that the 

registered engine or equipment unit is required to be observed in 

operation. 

(7) The owner or operator may request the scheduling of one or more 

arranged inspections for multiple engines in order to qualify for an 

inspection fee discount as specified in section 2461 (d). Within 45 days of 

date of initial issuance of registration or by January 30 of each year for 

renewals, the owner or operator shall submit a letter of intent including an 

equipment list and registration numbers to the district to arrange for 

inspection of multiple engines. The inspections shall be completed within 

one year after the registration renewal date for each engine inspected. 

(8) If a registered engine or equipment unit is out of California for one year or 

more following initial registration or renewal, the engine or equipment unit 

shall be excused from having the arranged inspection within that period if: 

(A) within 45 days after the date of initial issuance or renewal of the 

registration, the owner or operator submitted a letter to the district 

noting the registration number of the registered engine or 

equipment unit and that the engine or unit is out of California for the 

one-year period; and 

(B) upon the return of the registered engine or equipment unit to the 

State, the owner or operator shall arrange to have the registered 

engine or equipment unit inspected within 30 days. 

(c) After issuance of registration, the Executive Officer or district may at any time 

conduct an inspection of any registered engine or equipment unit in order to verify 

compliance with the requirements of this article. The district shall not charge the 

owner or operator an additional inspection fee for that inspection. Source testing 

of engines for compliance purposes shall not be required more frequently than 

once every three years (including testing at the time of registration), except as 

provided in section 2460 (e), unless evidence of engine tampering, lack of proper 

engine maintenance, or other problems or operating conditions that could affect 

engine emissions are identified. In no event shall the Executive Officer or district 

require source testing of a registered engine for which there is no applicable 

emission standard, emission limit or other emission related requirement contained 

in this regulation. 
A-30

(d) Testing shall be conducted in accordance with the following methods or other 

methods approved by the Executive Officer: 

Particulate Matter: ARB Test Method 5 with probe catch and filter catch only 

 VOC: ARB Test Method 100 or U.S. EPA Test Method 25A 

NOx: ARB Test Method 100 or U.S. EPA Test Method 7E 

Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 10 

Oxygen: ARB Test Method 100 or U.S. EPA Test Method 3A 

Gas Velocity and Flow Rate: ARB Test Method 1 & 2 or U.S. EPA Test Method 1 & 2 

(e) Initial or follow-up source testing of engines to verify compliance with the 

requirements of this regulation shall not be required for certified 

 compression-ignition engines and spark-ignition engines. 

(f) The exemption provided in section 2460 (e) shall not apply to source testing of 

engines for compliance purposes where evidence of engine tampering, lack of 

proper engine maintenance, or other problems or operating conditions that could 

affect engine emissions are identified. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2461. Fees. 

(a) Except as otherwise set out herein, the Executive Officer shall assess and collect 

reasonable fees for registration, renewal, and associated administrative tasks, to 

recover the estimated costs to the Executive Officer for evaluating registration 

applications, and issuing registration documentation. 

(b) Fees shall be due and payable to the Executive Officer at the time an application 

is filed or as part of any request requiring a fee. Fees are nonrefundable except 

in circumstances as determined by the Executive Officer. 

(c) Except as provided in (k) below, tThe owner or operator of a registered engine or 

equipment unit shall submit fees to the Executive Officer and to districts in 

accordance with Table 32. 

(d) The Executive Officer shall collect an inspection fee as listed in Table 32 one 

time per every three calendar years for each registered engine to be paid upon 

initial application and renewal. Except for TSE, when multiple registered engines 

are inspected at a given source or location, the owner shall receive a discount if 

the owner or operator intends to arrange multiple engines inspections with the 

district and complies with the requirements specified in section 2460(b)(7). The 

discounts shall be applied as follows: 

(1) no discount for 1 to 3 engines 

(2) 25 percent discount for 4 to 9 engines 

(3) 35 percent discount for 10 or more engines 
A-31

(e) Failure to pay renewal fees when due may result in penalties. If a fee payment is 

not received or postmarked by the specified due date, fee penalties may be 

assessed per unit in accordance with Table 32. Failure to pay renewal fees prior 

to expiration may result in cancellation of the registration. If a registration has 

expired for an engine or equipment unit that is eligible for reactivation, a canceled 

registration may be reactivated after payment of all renewal and penalty fees. 

Registration may be reissued under the original registration number and 

expiration date. A portable engine or equipment unit without valid registration is 

subject to the rules and regulations of the district in which it operates. 

(f) Fees shall be periodically revised by the Executive Officer in accordance with the 

consumer price index, as published by the United States Bureau of Labor 

Statistics. 

(g) A district may collect a fee for the inspection of a registered equipment unit 

pursuant to section 2460(b)(3). The district shall bill the owner of the equipment 

unit at a rate as specified in Table 32 of the regulation for actual staff time taken 

to perform the inspection, not to exceed the amount specified in Table 32. Upon 

receipt of the invoice for the inspection fee, the owner shall have the right to 

appeal the district’s fee determination to the district Air Pollution Control Officer 

pursuant to the provisions of the district’s rules and regulations that govern 

appeals of fee determinations. 

(h) The Executive Officer shall annually distribute district inspection fees collected 

for that year. General inspection fees will be distributed equally among the 

districts. Home district inspection fees will be distributed to the corresponding 

home district. 

(i) TSE fees are due at the time of the report pursuant to section 2458(c). Failure to 

submit the annual report and applicable fees within six calendar months after the 

end of the year will result in cancellation of the registration. For TSE, if 

registration is cancelled or allowed to expire, the applicant shall reapply and pay 

initial registration fees. 

(j) The district may collect an inspection fee as listed in Table 32 one time per 

calendar year for each registered TSE inspected. When multiple registered TSE 

units are inspected at a given source or location, the inspection fee shall be 

equal to the lesser of the actual cost, including staff time, for conducting the 

inspection or the fee as listed in Table 32 per registered portable engine or 

equipment unit inspected. If the district performs an inspection leading to 

determination of non-compliance with this article, or any applicable state or 

federal requirements, the district may charge a fee as listed in Table 32 per 

portable engine or equipment unit for each inspection necessary for the 

determination and ultimate resolution of the violation. In no event shall the total 

fees exceed the actual costs, including staff time, to the district of conducting the 

investigations and resolving any violations. 
A-32

(k) Portable engines qualifying for initial registration as resident engines per section 

2452(mm)(2) shall use the Table 2 fee schedule. The fees collected subject to 

this section shall be distributed to the districts, except that $270 dollars per 

engine for initial registration, and an additional $80 dollars per engine shall be 

retained by the Air Resources Board to provide for administrative costs. The fees 

shall be determined as follows: 

(1) For tier 1 engines, as defined in section 2452(ww), registration fees will be 

based on the year listed in Table 2, as determined below: 

(A) Where date of purchase can be verified by the Executive Officer, the 

earlier of: 

(1) for engines ≥50 bhp and <100 bhp: year of purchase or 2004; 

(2) for engines ≥100 bhp and <300 bhp: year of purchase or 2003; 

(3) for engines≥300 bhp and <600 bhp: year of purchase or 2001; 

(4) for engines ≥600 bhp and ≤750 bhp: year of purchase or 2002; 

(5) for engines >750 bhp: year of purchase or 2006.

(B) Where the date of purchase can not be verified, the model year shall 

be used.

(2) For tier 2 engines, as defined in section 2452(xx), registration fees as listed 

in Table 2 will be based on the year the engine was purchased (as verified 

by the Executive Officer) or the model year of the engine (if purchase date is 

not available). 

Table 2 Registration Fees For Resident Engines Per Section 2452(llmm)(2)

Portable Engine 

Date*

Application 

Submitted on or 

Before 12/31/07

Application 

Submitted in 

2008

Application 

Submitted in 

2009

1996 $2,353 $3,130 $5,000

1997 $2,195 $2,920 $4,685

1998 $2,038 $2,710 $4,370

1999 $1,880 $2,500 $4,055

2000 $1,723 $2,290 $3,740

2001 $1,565 $2,080 $3,425

2002 $1,408 $1,870 $3,110

2003 $1,250 $1,660 $2,795

2004 $1,093 $1,450 $2,480

2005 $935 $1,240 $2,165

2006 $778 $1,030 $1,850

*As determined in section 2461(k)
A-33

Table 32 Fees for Statewide Registration Program 

(Fees are per registered unit except where noted otherwise) 

1 Initial Registration $270.00 

2 TSE, initial registration 

A Registration of first 25 units (or portion thereof) $750.00 

B Registration of every additional 50 units (or portion thereof) $750.00 

3 Change of status from non-operational to operational 

A Where initial evaluation has not been previously completed $180.00 

B Where initial evaluation has been previously completed $90.00 

4 Identical replacement $75.00 

5 Renewal, non-TSE $225.00 

6 Penalty fee for late renewal payments, non-TSE 

A Postmarked within 2 calendar months prior to registration expiration date $45.00 

B Postmarked within the calendar month prior to registration expiration date $90.00 

C Postmarked after the registration expiration date $250.00 

7 Annual TSE inventory fee 

A first 25 units (or portion thereof) $375.00 

B every additional 50 units (or portion thereof) $375.00 

8 Modification to registered portable engine or equipment unit $75.00 

9 Change of ownership $75.00 

10 Replacement of registration identification device or placard $30.00 

11 Correction to an engine or equipment unit description $45.00 

12 Update company information, copy of registration documents $45.00 

13 Copy of registration documents $45.00 

14 Total district inspection fee per registered portable engine, paid once every 3 years $345.00 

A General district inspection fee $30.00 

B Home district inspection fee $315.00 

15 District off-hour service fee per hour $50.00 

16 District inspection fees for equipment units: 

 A General district inspection fee, paid once every 3 years $75.00 

 B District inspection fee per equipment unit, per hour $98.00 

(not to 

exceed 

$500.00) 

17 TSE inspection fees: 

 A General district inspection fee per TSE unit, paid annually $10.00 

 B District inspection fee per TSE unit per inspection $75.00 

18 Placard $5.00 
A-34

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code.

§ 2462. Duration of registration. 

(a) Except for registrations that will expire on December 31, 2009 pursuant to sections 

2456(f)(10) and title 17 CCR Cal. Code Regs. section 93116.3(b)(1)(A), and except 

for registrations that expire on December 31, 2010 per sections 2456(f)(11) and title 

17 Cal. Code Regs. section 93116.3(b)(1)(C), registrations and renewals will be 

valid for three years from date of issuance. For change of ownership, the 

registration shall retain the original expiration date, except where the registration 

has expired. 

(b) The Executive Officer shall mail to the owner of a registered engine or equipment 

unit a renewal invoice at least 60 days prior to the registration expiration. Failure to 

send or receive a renewal invoice does not relieve the responsible official from 

paying all applicable fees when due. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 

41755, Health and Safety Code. 

§ 2463. Suspension or Revocation of Registration.

(a) The Executive Officer for just cause may suspend or revoke registration in any of the 

following circumstances: 

(1) the holder of registration has violated one or more terms and conditions of 

registration or has refused to comply with any of the requirements of this 

article; 

(2) the holder of registration has materially misrepresented the meaning, 

findings, effect or any other material aspect of the registration application, 

including submitting false or incomplete information in its application for 

registration regardless of the holder’s personal knowledge of the falsity or 

incompleteness of the information; 

(3) the test data submitted by the holder of registration to show compliance with 

this regulation have been found to be inaccurate or invalid; 

(4) enforcement officers of the ARB or the districts, after presentation of proper 

credentials, have been denied access, during normal business hours or 

hours of operation, to any facility or location where registered engines and 

equipment units are operated or stored and are prevented from inspecting 

such engines or equipment units as provided for in this article (the duty to 

provide access applies whether or not the holder of registration owns or 

controls the facility or location in question); 
A-35

(5) enforcement officers of the ARB or the districts, after presentation of proper 

credentials, have been denied access to any records required by this 

regulation for the purpose of inspection and duplication; 

(6) the registered engine or equipment unit has failed in-use to 

comply with the findings set forth in the registration. For the purposes of this 

section, noncompliance with the registration may include, but is not limited to: 

(A) a repeated failure to perform to the standards set forth in this article; 

or 

(B) modification of the engine or equipment unit that results in an increase 

in emissions or changes the efficiency or operating conditions of such 

engine or equipment unit, without prior notice to and approval by the 

Executive Officer; or 

(7) the holder of registration has failed to take requested corrective action as set 

forth in a Notice of Violation or Notice to Comply within the time period set 

forth in such notice or as otherwise specified in writing by the issuing district. 

(8) the holder of the registration has failed to pay fees assessed by either the 

Executive Officer or district within 120 after the specified due date and there 

is no pending appeal. 

(b) A holder of registration may be subject to a suspension or revocation action 

pursuant to this section based upon the actions of an agent, employee, licensee, or 

other authorized representative. 

(c) The Executive Officer shall notify each holder of registration by certified mail of any 

action taken by the Executive Officer to suspend or revoke any registration granted 

under this article. The notice shall set forth the reasons for and evidence supporting 

the action(s) taken. A suspension or revocation is effective upon receipt of the 

notification. 

(d) A holder of registration having received a notice to revoke or suspend registration 

may request that the action be stayed pending a hearing under section 2464. In 

determining whether to grant the stay, the Executive Officer shall consider the 

reasonable likelihood that the registration holder will prevail on the merits of the 

appeal and the harm the holder of registration will likely suffer if the stay is not 

granted. The Executive Officer shall deny the stay if the adverse effects of the stay 

on the public health, safety, and welfare outweigh the harm to the holder of 

registration if the stay is not granted. 

(e) Once a registration has been suspended pursuant to (a) above, the holder of 

registration shall satisfy and correct all noted reasons for the suspension and submit 

a written report to the Executive Officer advising him or her of all such steps taken 

by the holder before the Executive Officer will consider reinstating the registration. 
A-36

(f) After the Executive Officer suspends or revokes a registration pursuant to this 

section and prior to commencement of a hearing under section 2464, if the holder of 

registration demonstrates to the Executive Officer’s satisfaction that the decision to 

suspend or revoke the registration was based on erroneous information, the 

Executive Officer will reinstate the registration. 

(g) Nothing in this section shall prohibit the Executive Officer from taking any other 

action provided for by law for violations of the Health and Safety Code. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2464. Appeals. 

 (a) Hearing Procedures. 

(1) Any applicant for registration whose application has been denied or a holder 

of registration whose registration has been, suspended, or revoked may 

request a hearing to review the action taken by sending a request in writing 

to the Executive Officer. A request for hearing shall include, at a minimum, 

the following: 

(A) name of applicant or holder of registration; 

(B) registration number; 

(C) copy of the Executive Order revoking or suspending registration or the 

written notification of denial; 

(D) a concise statement of the issues to be raised, with supporting facts, 

setting forth the basis for challenging the denial, suspension, or 

revocation (mere conclusory allegations will not suffice); 

(E) a brief summary of evidence in support of the statement of facts 

required in (D) above; and 

(F) the signature of an authorized person requesting the hearing. 

(2) A request for a hearing shall be filed within 20 days from the date of issuance 

of the notice of the denial, suspension, or revocation. 

(3) A hearing requested pursuant to this section shall be heard by a qualified 

and impartial hearing officer appointed by the Executive Officer. The hearing 

officer may be an employee of the ARB, but may not be any employee who 

was involved with the registration at issue. In a request for a hearing of a 

denial of registration, after reviewing the request for a hearing and supporting 

documentation provided under subsection (1) above, the hearing officer shall 

grant the request for a hearing if he or she finds that the request raises a 

genuine and substantial question of law or fact. 
A-37

(4) Except as provided in (3) above, the hearing officer shall schedule and hold, 

as soon as practicable, a hearing at a time and place determined by the 

hearing officer. 

(5) Upon appointment, the hearing officer shall establish a hearing file. The file 

shall consist of the following: 

(A) the determination issued by the Executive Officer which is the subject 

of the request for hearing; 

(B) the request for hearing and the supporting documents that are 

submitted with it; 

(C) all documents relating to and relied upon in making the determination 

to deny registration or to suspend or revoke registration; and 

(D) correspondence and other documents material to the hearing. 

(6) The hearing file shall be available for inspection by the applicant at the office 

of the hearing officer. 

(7) An applicant may appear in person or may be represented by counsel or by 

any other duly-authorized representative. 

(8) The ARB may be represented by staff or counsel familiar with the registration 

program and may present rebuttal evidence. 

(9) Technical rules of evidence shall not apply to the hearing, except that 

relevant evidence may be admitted and given probative effect only if it is the 

kind of evidence upon which reasonable persons are accustomed to relying 

in the conduct of serious affairs. No action shall be overturned based solely 

on hearsay evidence, unless the hearsay evidence would be admissible in a 

court of law under a legally recognized exception to the hearsay rule. 

(10) The hearing shall be recorded either electronically or by a certified shorthand 

reporter. 

(11) The hearing officer shall consider the totality of the circumstances of 

 the denial, suspension, or revocation, including but not limited to,

 credibility of witnesses, authenticity and reliability of documents, 

 and qualifications of experts. The hearing officer may also consider relevant 

past conduct of the applicant including any prior incidents involving other 

ARB programs. 

(12) The hearing officer’s written decision shall set forth findings of fact and 

conclusions of law as necessary. 

(13) Within 30 days of the conclusion of a hearing, the hearing officer shall submit 

a written proposed decision, including proposed finding as well as a copy of 

any material submitted by the hearing participants as part of that hearing and 

relied on by the hearing officer, to the Executive Officer. The hearing officer 

may recommend to the Executive Officer any of the following: 

(A) uphold the denial, suspension, or revocation action as issued; 

(B) reduce a revocation to a suspension; 

(C) increase a suspension to a revocation if the registration holder's 

conduct so warrants; or 
A-38

(D) overturn a denial, suspension, or revocation in its entirety. 

(14) The Executive Officer shall render a final written decision within 60 working 

days of the last day of hearing. The Executive Officer may do any of the 

following: 

(A) adopt the hearing officer’s proposed decision;

(B) modify the hearing officer’s proposed decision; or 

(C) render a decision without regard to the hearing officer’s proposed 

decision. 

 

(b) Hearing conducted by written submission. 

(1) In lieu of the hearing procedure set forth in (a) above, an applicant may 

request that the hearing be conducted solely by written submission. 

(2) In such case the requestor must submit a written explanation of the basis for 

the appeal and provide supporting documents within 20 days of making the 

request. Subsequent to such a submission the following shall transpire: 

(A) ARB staff shall submit a written response to the requestor’s 

submission and documents in support of the Executive Officer's action 

no later than 10 days after receipt of requestor’s submission; 

(B) The registration holder may submit one rebuttal statement which may 

include supporting information, as attachment(s), but limited to the 

issues previously raised; 

(C) If the registration holder submits a rebuttal, ARB staff may submit one 

rebuttal statement which may include supporting information, as 

attachment(s), but limited to the issues previously raised; and 

(D) the hearing officer shall be designated in the same manner as set 

forth in (a)(3) above. The hearing officer shall receive all statements 

and documents and submit a proposed written decision and such 

other documents as described in (a) 13 above to the Executive Officer 

no later than 30 working days after the final deadline for submission of 

papers. The Executive Officer’s final decision shall be mailed to the 

holder of registration no later than 60 days after the final deadline for 

submission of papers. 

(E) The Executive Officer shall render a final written decision within 60 

working days of the last day of hearing. The Executive Officer may do 

any of the following: 

 (1) adopt the hearing officer’s proposed decision;

(2) modify the hearing officer’s proposed decision; or 

(3) render a decision without regard to the hearing officer’s 

proposed decision. 
A-39

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 

41755, Health and Safety Code. 

§ 2465. Penalties. 

Violation of the provisions of this article may result in civil, and/or criminal penalties 

pursuant to the California Health and Safety Code. Each day during any portion of which a 

violation occurs is a separate violation. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, 

and 41755, Health and Safety Code. 
A-40
Appendix B 

Proposed Regulation Order 

Amendments to the Airborne Toxic Control Measure 

 For Diesel Particulate Matter From Portable Engines 

California Air Resources Board 

Sections 93116, 93116.1, 93116.2, 93116.3, 93116.4, and 93116.5, title 17, California Code of 

Regulations. 

(Note: Proposed amendments to the regulation are identified below. Underline is used to 

indicate the proposed additions. Strikeout is used to indicate proposed deletions from the 

regulation text.)

B-1 

PROPOSED REGULATION ORDER 

Amend sections 93116.1, 93116.2 and 93116.3 title 17, California Code of 

Regulations. Sections 93116, 93116.4, and 93116.5 are not being amended, but 

are included for clarity. 

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; 

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

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

following requirements: 

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

Equipment Memorandum of Understanding (MOU); and 
B-2 

(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. 

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

requirements in Title 13 of the California Code of Regulations 

commencing with section 2449; and

(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)(60) shall meet all 

applicable requirements in Title 13 of the California Code of Regulations 

commencing with section 2449.

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: 

(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 petroleum 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, 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: 

(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 fuel inside the fuel tank of 

the engine, or 
B-3 

(C) 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. 

(4) “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 Cal. Code Regs., sections 2281, 2282, 

and 2284. 

(5) “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 40 CFR 40 Part 89, Part 86, or set forth in the equivalent 

categories in Title 13 of the California Code of Regulations. 

(6) “Crane” means the same as “Two-Engine Crane” defined in Title 13, CCR

Cal. Code Regs., section 2449(c)(569) 

(7) “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. 

(8) “Diesel-Fueled” means fueled by diesel fuel, or CARB diesel fuel, in whole or 

part. 

(9) “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. 

(10) “District” means a District as defined in Health and Safety Code 

 section 39025. 

(11) “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. 

(12) “Emergency” means providing electrical power or mechanical work during any 

of the following events and subject to the following conditions: 

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

normal natural gas supply to the facility: 

1. 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-4 

2. 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; 

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

1. 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 

2. 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; 

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

overflow; 

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

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

system for the following reasons: 

1. pipe break; or 

2. high demand on water supply system due to high use of water for 

fire suppression; 

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

treatment facilities or water delivery facilities; 

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

purposes. 

(13) “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. 

(14) “Engine” means any piston-driven internal combustion engine. 

(15) “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. 

(16) “Executive Officer” means the Executive Officer of the California Air

Resources Board (CARB) or his/her designee. 

(17) “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 
B-5 

business entities that are under the common control of only one Responsible 

Official shall be treated as a single fleet. 

(18) “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. 

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

valid permits or registrations as of December 31, 200509. 

(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, California Code of Regulations, 

commencing with section 2700, and has demonstrated an reduction in diesel 

particulate matter of 85 percent or greater. 

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

installation. 

(22) “Low-Use Engines” refers to portable diesel-fueled engines that operate 

 80 hours or less in a calendar year. 

(23) “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. 

(24) “Nonroad Engine” means: 

(A) Except as discussed in paragraph (2) of this definition, a nonroad engine 

is any engine: 

1. 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 

2. in or on a piece of equipment that is intended to be propelled while 

performing its function (such as lawnmowers and string trimmers); or 

3. 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. 
B-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 federal 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 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. 

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

(26) “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.). 

(27) “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., 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. 

(28) “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. 

(29) “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: 
B-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 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 

(B) 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 

(C) the engine is moved from one location to another in an attempt to 

circumvent the portable residence time requirements. 

(30) “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. 

(31) “Registration” refers to either: 

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

compliance with the applicable requirements of the Statewide Portable 

Equipment Registration Program; or 

(B) a certificate issued by the Air Pollution Control Officer acknowledging 

expected compliance with the applicable requirements of the district's 

Portable Equipment Registration Program. 

(32) “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 comply with applicable requirements of this regulation. A 

company or public agency may have more than one Responsible Official. 

(33) “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. 
B-8 

(34) “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: 

(A) are under the same ownership or operation, or which are owned or 

operated by entities which are under common control; and 

(B) 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 

(C) 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.] 

(35) “Stock Engine” means a certified diesel-fueled engine that has never been 

placed in service and is part of a supply of engines offered for sale, rent, or 

lease by a person or company who offers for sale, rent, or lease engines and 

related equipment for profit. 

(36) “Storage” means a warehouse, enclosed yard, or other area established for 

the primary purpose of maintaining portable engines when not in operation. 

(37) “Street Sweeper” means the same as “Dual-engine Street Sweeper” defined 

in Title 13, CCR Cal. Code Regs., section 2022(b)(2). 

(38) “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. 

(39) “Tier 4 Emission Standards” refers to the final emission standards adopted by 

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

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

(41) “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. 

(42) “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. 
B-9 

§ 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, FischerTropsch fuels, or emulsions of water in diesel fuel is available only for 

fuel blends that been verified through the Verification Procedure for InUse 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.] 

(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)(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).5

(B) In lieu of complying with section 93116.3(b)(1)(A), owners of 

portable diesel-fueled engines used exclusively in emergency 

applications or portable diesel-fueled engines that qualify as lowuse engines may commit to replacing these engines with Tier 4 

engines, subject to the requirements below: 

 

5

 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.
B-10 

1. the Responsible Official shall submit written notification 

identifying the specific portable diesel-fueled engines intended

to be replaced with portable diesel-fueled engines certified to 

the Tier 4 emission standards; and 

2. for engines that power functions that will continue after the 

Tier 4 emission standards take effect, 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.; 

3. for engines that will not continue operating until the Tier 4 

emission standards take effect, the owner of the engine shall 

submit written notification to the applicable regulatory agency

within 30 days of the engine ceasing operation, and is subject 

to the requirements below:

a. for functions that will not continue for business or economic 

reasons, the owner shall retire the engine without 

replacement; and

b. for engines that irreparably break down, the replacement 

engine shall be subject to the requirements of section 

93116.3(b)(2)

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

company, public agency, or military base with no more than 25 total 

permitted or registered portable engines as of December 31, 2009 

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 May 31, 2010, 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 17 

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 17 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.
B-11 

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

registered prior to January 1, 200610, are subject to the following 

requirements: shall be certified to the most stringent of the federal or 

California emission standard for nonroad engines, with the following 

exceptions:

(A) except as specified in 93116.3(b)(4), 93116.3(b)(5), and 

93116.3(b)(6), and 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; or, 

(B) upon approval by the air pollution control officer, a diesel-fueled 

portable engine not certified to an emission standard pursuant to 40 

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

exclusively in emergency applications or qualifying as a low-use 

engine designation may only be permitted or registered by a 

district. Any 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).

(A) engines that qualify under section 93116.3(b)(4);

(B) engines that qualify under section 93116.3(b)(5);

(C) engines built 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; or

(D) certified engines that lost permit exemption due to a change in 

district rules.

(3) Except as provided in section 93116.3(b)(1)(B), portable certified 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 percent 

reduction in diesel PM emissions. 
B-12 

(4) Engines operated in California between March 1, 2004 and October 1, 

2006 may be permitted or registered by a district or registered in the 

Statewide Portable Equipment Registration Program until 12/31/09 if 

they meet an emission standard pursuant to 40 CFR Part 89 or Title 13 

of the California Code of Regulations.

(54) Upon approval by the air pollution control officer, a district may permit or 

register engines operated in California between March 1, 2004 and 

October 1, 2006 that are not certified to an emission standard pursuant 

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

Engines that have never been permitted or registered may be permitted 

or registered by a district or registered in the Statewide Portable 

Equipment Registration Program if they are certified to the on-road

emission standards pursuant to 40 CFR Part 86, or the equivalent 

category in Title 13 of the California Code of Regulations.

(65) An engine owner, operator, dealer, or distributor may permit or register 

an engine not meeting the most stringent emission standard providing 

the following are met: 

(A) The engine met the most stringent emission standard in effect prior 

to the change for that horsepower range; and 

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

within six months of the effective date of the change in emission 

standards. 

 (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 

74950 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 dieselfueled engines registered with the Statewide Portable Equipment 

Registration Program or permitted by or registered with a district. 
B-13 

(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. 

(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 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 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 
B-14 

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 districtapproved test method; and 

ii. diesel PM shall be measured with CARB test 

method 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 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: 
B-15 

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 

submitted to either the U.S. EPA or CARB for the purposes 

of satisfying the appropriate emission standard; or

2. for Tier 1 engines less than 175 bhp for which no particulate 

matter emission standard exists, an emission rate of 0.87 

g/bhp-hr shall be used for engines less than 120 bhp and 

0.46 shall be used for engines 120 to 174 bhp; or

3. for engines built under the 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 that do not have a family name indicated on 

the engine, the emission standard of the tier level to which 

the engine was built shall be used; or

24. results from emission measurements from a verified 

emission control strategy may be used in conjunction with 

engine emission information; or 

35. 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. 
B-16 

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. 

(B) 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 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. 

§ 93116.3.1 Compliance Flexibility for Diesel PM Standards.

If the Executive Officer finds, based on verifiable information from the engine 

manufacturer, distributor, or dealer, that current model year engines meeting the 

current emission standards are not available or not available in sufficient numbers 

or in a sufficient range of makes, models, and horsepower ratings, then the 

Executive Officer may allow the sale, purchase, or installation of a new stock 

engine meeting the emission standards from the previous model year to meet the 

emission standards in section 93116.3(b). 

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 
B-17 

(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 percent 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. 

(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: 
B-18 

(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 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 hour-meter; 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: 
B-19 

(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/bhp-hr); 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 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. Alternative-fueled engines should be 

identified by fuel type. The statements of compliance are due to the 

Executive Officer by the following dates: 
B-20 

(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. 

(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 diesel-fueled engine 

operated exclusively outside of California or operated only within the 

OCS. The list shall include for each portable diesel-fueled 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 
B-21 

fleet standard. Upon receiving the request, the 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. 

. 

Appendix C 

Proposed Regulation Order 

REGULATION FOR IN-USE OFF-ROAD DIESEL VEHICLES 

California Air Resources Board 

Sections 2449, title 13, California Code of Regulations. 

(Note: Proposed amendments to the regulation are identified below. Underline is 

used to indicate the proposed additions. Strikeout is used to indicate proposed 

deletions from the regulation text.)

C-1

Proposed Regulation Order 

REGULATION FOR IN-USE OFF-ROAD DIESEL VEHICLES 

Amend sections 2449 and 2449.3 in title 13, article 4.8, chapter 9, California Code of 

Regulations (CCR) to read as follows: Sections 2449.1 and 2449.2 are not being 

amended so they are not included. The symbol “*****” indicates that regulatory 

language not being amended is not shown. 

Article 4.8 In-Use Off-Road Diesel-Fueled Fleets 

Section 2449 General Requirements for In-Use Off-Road Diesel-Fueled Fleets 

(a) Purpose 

The purpose of this regulation is to reduce diesel particulate matter (PM) and criteria 

pollutant emissions from in-use off-road diesel-fueled vehicles. 

(b) Applicability 

Except as provided in the paragraphs below, the regulation applies to any person, 

business, or government agency who owns or operates within California any dieselfueled or alternative diesel fueled off-road compression ignition vehicle engine with 

maximum power of 25 horsepower (hp) or greater that is used in a two-engine crane 

or to provide motive power in a workover rig or to provide motive power in any other 

motor vehicle that (1) cannot be registered and driven safely on-road or was not 

designed to be driven on-road, and (2) is not an implement of husbandry or 

recreational off-highway vehicle. Unless they are workover rigs or two-engine 

cranes or two-engine water well drilling rigs, vehicles that were designed to be 

driven on-road, have on-road engines, and still meet the original manufacturer’s onroad engine emission certification standard are considered on-road and are 

specifically excluded from this regulation, even if they have been modified so that 

they cannot be registered and driven safely on-road. Off-road vehicles that were 

designed for off-road use and have off-road engines are considered off-road and are 

subject to this regulation, even if they have been modified so that they can be driven 

safely on-road. 

This regulation also applies to any person who sells a vehicle with such an engine 

within California. 

Persons who provide financing in the form of “finance leases,” as defined in 

California Uniform Commercial Code Section 10103(a)(7), for in-use off-road dieselfueled vehicles, do not “own” such vehicles for the purposes of this regulation. 
C-2

Vehicles with engines subject to this regulation are used in construction, mining, 

rental, government, landscaping, recycling, landfilling, manufacturing, warehousing, 

ski industry, composting, airport ground support equipment, industrial, and other 

operations. The regulation does not cover locomotives, commercial marine vessels, 

marine engines, recreational vehicles, or combat and tactical support equipment. 

The regulation also does not cover stationary or portable equipment, equipment or 

vehicles used exclusively in agricultural operations, or equipment already subject to 

the Regulation for Mobile Cargo Handling Equipment at Ports and Intermodal Rail 

Yards. Off-road diesel vehicles owned and operated by an individual for personal, 

non-commercial, and non-governmental purposes are exempt from the provisions of 

this regulation. 

(c) Definitions 

***** 

(59) “Two-Engine Crane” means a mobile diesel-powered machine with a 

hoisting mechanism mounted on a specially constructed truck chassis or 

carrier; one engine provides motive power, and a secondary engine is used 

to lift and move materials and objects. 

(60) “Two-Engine Water Well Drilling Rig” means a mobile diesel-powered 

drilling rig owned by a water well drilling contractor with a current, valid C-57 

license issued by the Contractors State License Board of California and used 

exclusively to drill water wells with a drilling mechanism mounted on a 

specially constructed truck chassis or carrier; one engine provides motive 

power, and a secondary engine is used to power the drilling mechanism.

(601) “Verified Diesel Emission Control Strategy” (VDECS) means an 

emissions control strategy, designed primarily for the reduction of diesel PM 

emissions, which has been verified pursuant to the Verification Procedures. 

VDECS can be verified to achieve Level 1 diesel PM reductions (25 percent), 

Level 2 diesel PM reductions (50 percent), or Level 3 diesel PM reductions 

(85 percent). VDECS may also be verified to achieve NOx reductions. See 

also definition of Highest Level VDECS. 

(612) “VDECS Failure” means the condition of not achieving the emissions 

reductions to which the VDECS is verified. Such condition could be due to 

inappropriate installation, damage, or deterioration during use. If a Level 3 

VDECS is emitting visible smoke, it should be assumed to have failed. 
C-3

(623) “Workover rig” means a mobile self-propelled rig used to perform one or 

more remedial operations, such as deepening, plugging back, pulling and 

resetting liners, on a producing oil or gas well to try to restore or increase the 

well’s production. 

***** 

(e) Special Provisions/Compliance Extensions 

***** 

(14) Two-Engine Cranes – Both engines in a two-engine crane are subject to

this regulation. For purposes of the rounding provisions in section 

2449.1(a)(2)(a)7., neither engine in the two-engine crane is required to be 

turned over until the horsepower required to be turned over under section 

2449.1(a)(2)(A) is at least half the sum of the maximum power of the primary 

and secondary engine in the two-engine crane. 

(15) On-road Registered Vehicles with Off-road Engines – If a workover rig or 

other on-road registered vehicle subject to this regulation with an off-road 

engine is repowered and will be registered and driven on-road, it must be 

repowered with an on-road certified engine of the same model year or newer 

as the engine being replaced. 

(16) Two-Engine Water Well Drilling Rigs – Both engines in a two-engine

water well drilling rig are subject to this regulation. For purposes of the 

rounding provisions in section 2449.1(a)(2)(a)7, neither engine in the twoengine water well drilling rig is required to be turned over until the horsepower 

required to be turned over under section 2449.1(a)(2)(A) is at least half the 

sum of the maximum power of the primary and secondary engine in the twoengine water well drilling rig.

***** 

(g) Reporting – 

Reporting is required for each and every fleet. Large and medium fleets may report 

separately for different divisions or subsidiaries of a given company or agency. Fleet 

owners may submit reporting information using forms (paper or electronic) approved 

by the Executive Officer. 

(1) Initial reporting – All fleet owners must submit the information in section 

2449(g)(1)(A) through (G) to ARB by their initial reporting date. In the initial 

reporting, fleet owners must report information regarding each vehicle subject 

to this regulation that was in their fleet on March 1, 2009. Systems or non-
C-4

diesel fueled vehicles that are used in place of a vehicle that would be subject 

to this regulation must also be reported. The initial reporting date for large 

fleets is April 1, 2009. The initial reporting date for medium fleets is June 1, 

2009. The initial reporting date for small fleets is August 1, 2009. 

Notwithstanding the aforementioned reporting dates, the initial reporting date 

for two-engine water well drilling rigs is August 1, 2010. Reports must include 

the following information: 

(A) Fleet Owner – 

1. Fleet owner’s name; 

2. Corporate parent name (if applicable); 

3. Corporate parent taxpayer identification number (if applicable); 

4. Company taxpayer identification number; 

5. Address; 

6. Responsible person name; 

7. Responsible person title; 

8. Contact name; 

9. Contact phone number; 

10. Contact email address (if available); 

11. Whether the fleet owner is a low population county local municipality 

fleet; 

12. Whether the fleet owner has an approval from the Executive Officer to 

be treated as if in a low-population county; 

13. Whether the fleet owner is a non-profit training center; 

14. Whether the fleet has an idling policy documented and available to 

employees; 

15. Whether the fleet is using a fuel-based strategy as an emissions 

control strategy; 

16. Whether the fleet is a Captive Attainment Area Fleet. 

(B) Vehicle List – A list of each vehicle subject to this regulation along with 

the following information for each vehicle: 

1. Vehicle type; 

2. Vehicle manufacturer; 

3. Vehicle model; 

4. Vehicle model year; 

5. Vehicle serial number; (i.e., for workover rigs and two-engine cranes 

and two-engine water well drilling rigs, vehicle identification number); 

6. Whether the vehicle is a low-use vehicle; 

7. If the vehicle is a low-use vehicle, whether the vehicle was operated 

outside of California during the previous compliance year; 

8. Whether the vehicle is a specialty vehicle; 

9. Whether the vehicle is a vehicle used solely for emergency operations; 

10. Whether the vehicle is a dedicated snow removal vehicle; 

11. Whether the vehicle is used for agricultural operations for over half of 

its annual operating hours; 
C-5

12. Whether the vehicle is an electric vehicle that replaced a diesel 

vehicle; 

13. Whether the vehicle has been retrofit, repowered, or replaced with 

Surplus Off-road Opt-in for NOx program funding and, if so, the start 

and end dates of the contract period; 

14. Whether the vehicle has been retrofit, repowered, or replaced with 

Carl Moyer program funding; 

15. Whether the vehicle has been retrofit through a demonstration 

program, and - if so - which program; 

16. EIN if it has already been assigned. 

17. License plate number, if vehicle has a license plate. 

***** 

Note: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602, 39650, 

39656, 39658, 39659, 39665, 39667, 39674, 39675, 40000, 41511, 42400, 42400.1, 

42400.2, 42400.3.5, 42402, 42402.1, 42402.2, 42402.4, 42403, 43000, 43000.5, 

43013, 43016, 43018, and 43018.2, Health and Safety Code. Reference: Sections 

39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 39657, 39658, 39659, 

39665, 39667, 39674, 39675, 40000, 41511, 42400, 42400.1, 42400.2, 42402.2, 

43000, 43000.5, 43013, 43016, 43018, and 43018.2, Health and Safety Code. 

§ 2449.3. Surplus Off-Road Opt-In for NOx (SOON) Program 

(a) Purpose 

***** 

(b) Applicability 

***** 

(1) District Applicability – 

***** 

(2) Fleet Applicability – Section 2449.3 applies to a fleet that: 

(A) Operates individual vehicles within the air district; 

(B) As of January 1, 2008, on a statewide level, consisted of more than 

40 percent Tier 0 and Tier 1 vehicles, and; 

(C) Has a statewide fleet with maximum power greater than 20,000 

horsepower (hp), excluding the hp from engines in two-engine cranes and 

the hp from single engine cranes formerly subject to the Cargo Handling 

Equipment Regulation and the hp from two-engine water-well drilling rigs. 

***** 

Note: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602, 43000, 

43000.5, 43013, 43016 and 43018, Health and Safety Code. Reference: Sections 
C-6

39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 39657, 39658, 39659, 

39665, 39667, 43000, 43000.5, 43013, 43016 and 43018, Health and Safety Code.
Appendix D 

Proposed Regulation Order 

REGULATION FOR IN-USE ON-ROAD HEAVY-DUTY DIESEL VEHICLES 

California Air Resources Board 

Sections 2025, title 13, California Code of Regulations. 

(Note: Proposed amendments to the regulation are identified below. Underline is 

used to indicate the proposed additions. Strikeout is used to indicate proposed 

deletions from the regulation text.)

D-1

PROPOSED REGULATION ORDER TO REDUCE EMISSIONS OF 

DIESEL PARTICULATE MATTER, OXIDES OF NITROGEN, AND OTHER 

POLLUTANTS FROM IN-USE HEAVY-DUTY DIESEL-FUELED VEHICLES 

Amend section 2025, in title 13, article 4.5, chapter 1, California Code of Regulations 

(Cal. Code Reg.) to read as follows: (Note that only subsection 2025(c) is being 

revised, so the subsections that follow are not included.) 

Section 2025. Regulation to Reduce Emissions of Diesel Particulate Matter, 

Oxides of Nitrogen and Other Criteria Pollutants, from In-Use 

Heavy-Duty Diesel-Fueled Vehicles 

(a) Purpose. 

The purpose of this regulation is to reduce emissions of diesel particulate 

matter (PM), oxides of nitrogen (NOx) and other criteria pollutants, and greenhouse 

gases from in-use diesel-fueled vehicles. 

(b) Scope and Applicability. 

(1) Except as provided in subsection (c), this regulation applies to any person, 

business, federal government agency, school district or school transportation 

provider that owns or operates, leases, or rents, affected vehicles that operate 

in California. The regulation also applies to persons that sell affected vehicles 

in California. Affected vehicles are those that operate on diesel-fuel, dual-fuel, 

or alternative diesel-fuel that are registered to be driven on public highways, 

were originally designed to be driven on public highways whether or not they 

are registered, yard trucks with on-road or off-road engines, both engines of 

two engine sweepers, schoolbuses, and have a manufacturer’s gross vehicle 

weight rating (GVWR) greater than 14,000 pounds. Affected vehicles also 

include shuttle vehicles defined in section 2025(d)(68). 

(c) Exemptions 

This regulation does not apply to: 

(1) Vehicles subject to the solid waste collection vehicle rule commencing with 

title 13, CCR, section 2021; 

(2) On-road diesel-fueled heavy-duty vehicles over 14,000 pounds owned or 

operated by a municipality, that comply with the Best Available Control 

Technology (BACT) requirements of title 13, section 2022.1(a)(1); 

(3) Vehicles subject to the fleet rule for transit agencies commencing with title 13, 

CCR, section 2023; 

(4) Vehicles subject to the rule for mobile cargo handling equipment at ports and 

intermodal rail yards commencing with title 13, CCR, section 2479; 

(5) Military tactical support vehicles, as described in title 13, CCR, section 1905; 
D-2

(6) Authorized emergency vehicles as described in California Vehicle Code (Veh. 

Code), section 165; 

(7) Off-road vehicles subject to title 13, CCR, sections 2401, 2411, 2421, 2432, 

and 2449; 

(8) Dedicated snow-removal vehicles as defined in section 2025(d)(18); 

(9) Two-engine cranes as defined in title 13, CCR, section 2449(c)(569); 

(10) Historic vehicles as defined in section 2025(d)(41); 

(11) Motor homes for non-commercial private use; 

(12) Vehicles subject to the regulation for drayage trucks commencing with title 13, 

CCR, section 2027 until January 1, 2021; and 

(13) Trucks with a GVWR of 19,500 pounds or less with originally equipped pick-up 

beds used exclusively for personal use, non-commercial, non-governmental 

use. 

(14) Two-engine water well drilling rigs as defined in title 13, CCR, 

section 2449(c)(60);
Appendix E 

Discussion of Emission Factor for Tier 1 Engines <175 bhp. 

E-1

Appendix E 

The Portable Diesel Engine ATCM requires owners to meet emission standards 

for PM, on a fleet average basis, starting in 2013 and continuing in 2017 and 

2020. Emission factors to be used to demonstrate compliance with the 

standards are those submitted to U.S. EPA and/or ARB for the purposes of 

engine certification. However, since no PM standard exists for Tier 1 engines 

under 175 bhp, there are no certification emission factors available. There are 

approximately 6,000 engines in this category registered in the statewide 

registration program. 

To determine emission factors for these engines, we began with PM emission 

factors that were developed by MSCD for their Off-Road Mobile Equipment 

ATCM and adjusted them for applicability to the Portable Engine ATCM. They 

used an equation that begins with a zero-hour (new) Carl Moyer Program 

emission factor which is adjusted to account for emissions deterioration and 

changes in fuel. 

PM deteriorated emission factor = [(useful life x deterioration factor 

x fuel correction) + zero hour emission factor] / 0.8 

We have decided to use the above equation to determine the PM emission factor 

to be used for fleet averaging purposes for engines in the 50 to 174 bhp size 

range, except that we will not divide by 0.8 because it was shown that actual test 

results of engines in other size ranges were found to be about 20 percent lower 

than the emission standard levels. This “adjustment factor” was used because 

the Off-road Mobile Equipment ATCM requires emission standard values to be 

used in order to meet their average fleet limit. However, since the Portable 

Engine ATCM requires actual tested values to be used (instead of emission 

standard values), we have determined not to use this adjustment factor. 

 If there is PM emission data from the engine manufacturer, then we will evaluate 

this data for the purposes of compliance with the ATCM on a case by case basis. 

In certain cases, we may decide to use this data for the fleet average instead of 

the deteriorated PM default values. 

The following PM emission factors will be used for calculating the ATCM fleet 

averages for engines in the 50 to 174 bhp range: 

For 50-119 bhp

 (8000 hr x 0.0000502 g/bhp-hr2 x 0.80) + 0.552 g/bhp-hr = 0.87 g/bhp-hr

For 120-174 bhp

(8000 hr x 0.0000276 g/bhp-hr2 x 0.80) + 0.274 g/bhp-hr = 0.46 g/bhp-hr
E-2

Where: 8000 hours is the useful life of the engine,

0.80 is a factor to adjust for improvement in diesel fuel in California 

since engine certification, and 

0.0000502 g/bhp-hr2 and 0.0000276 g/bhp-hr2 are the deterioration 

factors from the Off-Road Model which is used by ARB to develop offroad emission inventories 

0.552 g/bhp-hr and 0.274 g/bhp-hr are the new or zero-hour PM 

emission factors as published in the most current Carl Moyer Program 

Guidelines dated April 2008. 
Appendix F 

List of Acronyms 

F-1 

Appendix F 

List of Acronyms 

AB Assembly Bill 

AQIA Air Quality Impact Analysis 

ARB or Board Air Resources Board 

ARB staff or Staff Air Resources Board Staff 

Portable Engine ATCM Airborne Toxic Control Measure

BACT Best Available Control Technology 

bhp Brake-horsepower 

CAA Federal Clean Air Act 

CAPCOA California Air Pollution Control Officers Association 

CCR California Code of Regulations 

CEQA California Environmental Quality Act 

CFR Code of Federal Regulations 

CO Carbon Monoxide 

Districts Air Pollution Control Districts or Air Quality Management 

Districts 

DOF Department of Finance 

g/bhp-hr Grams per Brake Horsepower-hour 

HAP Hazardous Air Pollutant 

HC Hydrocarbons 

HSC California Health and Safety Code 

ISOR Initial Statement of Reasons 

LAER Lowest Achievable Emission Rate 

MACT Maximum Achievable Control Technology 

NMHC Non-methane Hydrocarbons 

NOx Oxides of Nitrogen 

NSR New Source Review 

OCS Outer Continental Shelf 

PEPS Provider of Essential Public Service 

PERP Statewide Portable Equipment Registration Program 

PM Particulate Matter 

ppmvd Parts Per Million by Dry Volume 

PSD Prevention of Significant Deterioration 

SB Senate Bill 

SCAQMD South Coast Air Quality Management District 

SOx Oxides of Sulfur 

STW State Territorial Waters 

Statewide PERP Regulation Statewide Portable Equipment 

Registration Program Regulation 

TACs Toxic Air Contaminants 

TSE Tactical Support Equipment 

U.S. EPA United States Environmental Protection Agency 

UTM Universal Transverse Mercator 

VOC Volatile Organic Compounds 

Workgroup Portable Equipment Workgroup