### FINAL 

## REGULATION ORDER

The 2006 Amendments to the Regulation for the State wide Portable Equipment Registration Program

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

indicate deletions.

Amend title 13, California Code of Regulations, div ision 3, chapter 9, article 5, sections

2450, 2451, 2452, 2453, 2454, 2455, 2456, 2457, 245 8, 2459, 2460, 2461, 2462, 2463, 2464, and 2465, to read as follows:

Article 5. Portable Engine and Equipment Registra tion

§ 2450. Purpose.

These regulations establish a statewide program for the registration and regulation of portable engines and engine-associated equipment (p ortable engines and equipment units) as defined herein. Portable engines and equ ipment units registered under the Air Resources Board program may operate throughout the State of California without authorization (except as specified herein) or permi ts from air quality management or air pollution control districts (districts). These reg ulations preempt districts from permitting, registering, or regulating portable engines and equ ipment 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: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2451. Applicability.

(a) Registration under this regulation is voluntary for owners and operators 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 unde r this regulation. Examples include, but are not limited to:2

(1) portable equipment units driven solely by port able engines including confined and unconfined abrasive blasting, Portland concrete batch plants, sand and gravel screening, rock crushing, a nd 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 t he following types of portable operations: well drilling, servi ce or work-over rigs; power generation, excluding cogeneration; pumps; co mpressors; diesel pile-driving hammers; welding; cranes; woodc hippers; dredges; equipment necessary for the operation of p ortable engines and equipment units; and military tactical support equipment.

(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 de finition of portable as defined in section 2452 (z dd ) of this regulation; (3) any equipment unit and its associated 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 portable engine or equipment unit subject to an applicable federal Maximum Achievable Control Technology standard, or National Emissions Standard for Hazardous Air Pollutants, or federal N ew Source Performance Standard, except for equipment units su bject to 40 CFR Part 60 Subpart OOO (Standards of Performance for Nonmet allic Mineral Processing Plants); (5) any portable engine or equipment unit operating within the boun daries 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 St ate Territorial Waters (STW).]; (6) any dredging operation in the Santa Barbara Har bor; (7) any dredging unit owned by a single port author ity, 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 g rid, except to maintain grid stability during an emergency event or other unfore seen event that affects grid stability; and (9) generators used to provide primary or supplemen tal power to a building, facility, stationary source, or stationary equipmen t, except during unforeseen interruptions of electrical power from t he serving utility, maintenance and repair operations, electrical upgra de operations that do not exceed 60 calendar days, including startup, shu tdown, and testing

, operations where the voltage, frequency, or electri cal current requirements3 can only be supplied by a portable generator, or re mote operations where grid power is unavailable. For interruptions of el ectrical power, the operation of a registered generator including startup, shutdown and testing shall not exceed the time of the actual interruptio n of power.

(d) The owner of A a ny engine or equipment unit that loses eligibility for registration under this program shall apply for a permit with a district within 90 days of being notified of loss of eligibility. Registration shal l remain valid and operation may continue under this article until the district gran ts or denies approval a permit or a registration for the engine or equipment unit.

(e) In the event that the owner or operator of an portable engine or equipment unit elects not to register under this program, the unregistere d portable engine or equipment unit shall be subject to district permitting requirement s pursuant to district regulations.

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2452. Definitions.

(a) “ Air Contaminant ” me ans any discharge, release, or other propagation in to the atmosphere which includes, but is not limited to, s moke, dust, soot, grime, carbon, fumes, gases, odors, particulate matter, acids, or any combination thereof. shall have the same meaning as setout 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-i gnition engines, as set forth in Title 13 of the California Code of Regulat ions or 40 CFR Part 89 in effect at the time of application.

(d) “ Certified Spark-Ignition Engine ” means an engine meeting the nonroad engine emission standards for spark-ignition engine s, as set forth in Title 13 of the California Code of Regulations or 40 CFR Part 1 048 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 usu ally control fuel supply instead of using a throttle to regulate power.

(cf ) “ Corresponding Onshore District ” means the district which has jurisdiction for the onshore area that is geographically closest to the engine or equipment unit.4

(d g) “ District ” means an air pollution control district or air qua lity management district created or continued in existence pursuant to provisions of Part 3 (commencing with section 40000) of the California H ealth and Safety Code.

(e h) “ Electrical Upgrade ” means replacement or addition of electrical equipme nt and systems resulting in increased generation, transmis sion and/or distribution capacity.

(f i) “ Emergency Event ” means any situation arising from sudden and reason ably unforeseen natural disaster such as earthquake, flo od, fire, or other acts of God, or other unforeseen events beyond the control of the p ortable engine or equipment unit operator, its officers, employees, and contrac tors that threatens public health and safety and that requires the immediate temporar y operation of portable engines or equipment units to help alleviate the th reat to public health and safety.

(g j) “ Engine ” means any piston driven internal combustion engine

.

(h k) “ Equipment Unit ” means equipment that emits PM 10 over and above that emitted from an associated portable engine.

(i l) “ Executive Officer ” means the Executive Officer of the California Air Resources Board or his/her designee.

(j) Existing Program Participant means a company, publ ic agency, or municipality with a unique name and mailing address that held registration prior to September 1, 2005

.

(k m ) “ Hazardous Air Pollutant (HAP) ” means any air contaminant that is listed pursuant to section 112(b) of the federal Clean Air Act.

(l n ) “ Home District means the district designated by the responsible o fficial as the

district of the portable engine or equipment unit in which the portable registered engine or equipment unit resides most of the time. For registered engines or equipment units based out of California, the respon sible official shall designate the home district based on where the registered eng ine or equipment unit is likely to be operated a majority of the time the registere d engine or equipment unit is in

California.

(m o) “ Identical Replacement ” means a substitution due to mechanical breakdown of a registered portable engine or equipment unit w ith another portable engine or equipment unit that has the same manufacturer, t ype, model number, manufacturer’s maximum rated capacity, and rated br ake 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 control technolog y requirements of sections 2455 through 2457 of this article.5

(p) “ In-field Inspection ” means an inspection that is conducted at the loca tion that the portable engine or equipment unit is operated u nder normal load and

conditions.

(n q ) “ Location ” means any single site at a building, structure, fa cility, or installation.

(o r ) “ Maximum Achievable Control Technology (MACT) ” means any federal requirements promulgated as part of 40 CFR Parts 61 and 63.

(p s ) “ Maximum Rated Capacity ” is the maximum throughput rating or volume capacity listed on the nameplate of the portable registered equipment unit as specified by the manufacturer.

(q t ) “ Maximum Rated Horsepower (brake horsepower (bhp) ” is the maximum brake horsepower rating specified by the portable registered engine manufacturer and listed on the nameplate of the por table registered engine.

(r u ) “ Mechanical Breakdown ” means any failure of an engine’s electrical system or mechanical parts that necessitates the removal of t he registered engine from

service.

(s v ) “ Modification ” means any physical change to, change in method of operation of, or an addition to an existing portable registered engine or equipment unit, which may cause or result in an increase in the amo unt of any air contaminant emitted or the issuance of air contaminants not pre viously emitted. Routine maintenance and/or repair shall not be considered a physical change. Unless previously limited by an enforceable registration c ondition, 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 portable 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 portabl e registered engine or equipment unit from one

location to another.

(t w) “ New Nonroad Engine ” means a nonroad engine, the equitable or legal tit le to which has never been transferred to an ultimate pur chaser. If the equitable or legal title to an engine is not transferred to an u ltimate 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 in to service when it is used for its functional purposes. The term “ultimate purcha ser” means, with respect to a new nonroad engine, the first person who in good fa ith purchases a new nonroad

vehicle or

a new nonroad engine for purposes other than resal e.6

(u) New Program Participant means a company, public agency, or m unicipality with a unique name and mailing address that did not hold registration prior to September 1, 2005.

(v x) “ New Source Performance Standard (NSPS) ” means any federal requirement promulgated as part of 40 CFR Part 60.

(w ) Non

- operational means a p ortable engine or equipment unit that an owner or operator has demonstrated to the satisfaction of th e Executive Officer as residing in California but not operating. A portable engine or equipment unit determined

to be non

- operational may not operate unde r the registration program.

(y) “ Non-field Inspection ” means an inspection that is either conducted at a location that is mutually acceptable to the distric t and the owner or operator or where the engine or equipment unit is stored and do es not require operation of the engine or equipment unit for purposes of the in spection.

(x aa ) “ Nonroad Engine ” means:

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

(A) in or on a piece of equipment that is self-prop elled or serves a dual purpose by both propelling itself and performing an other function (such as garden tractors, off-highway mobile cranes and bulldozers); or (B) in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and str ing trimmers);

or (C) that, by itself or in or on a piece of equipmen t, is portable or transportable, meaning designed to be and capable o f being carried

or moved from one location to another. Indicia of transportability

include, but are not limited to, wheels, skids, car rying handles, dolly, trailer, or platform. (2) An engine is not a nonroad engine if:

(A) the engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the federal Clean Air Act; or (B) the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the feder al 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 engine7 located at a seasonal source. Any engine (or engin es) that replaces an engine at a location and that is intend ed 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 rema ins at a seasonal source during the full annual operating pe riod 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 ap proximately three (or more) months each year.

(y 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 Resou rces Board to indicate that an engine or equipment has been regis tered in the Portable Equipment Registration Program and is in addition t o the registration

identification device.

(z dd ) “ Portable ” means designed and capable of being carried or mov ed from one location to another. Indicia of portability includ e, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platfor m. For the purposes of this regulation, dredge engines on a boat or barge are c onsidered 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 t he same location for more than 12 consecutive months. The period during whic h the engine or equipment unit is maintained at a storage facility shall be excluded from the residency time determination. Any engine or eq uipment unit such as back-up or stand-by engines or equipment units, tha t 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 per iod. In that case, the cumulative time of all engine(s) or equipment unit( s), including the time between the removal of the original engine(s) or eq uipment unit(s) and installation of the replacement engine(s) or equipm ent unit(s), will be counted toward the consecutive time period; or (2) the engine or equipment unit remains or will re side at a location for less than 12 consecutive months if the engine or equipme nt 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 s tationary source that remains in a single location on a permanent basis ( at least two years) and that operates at that single location at least thre e 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 r equirements.8

(aa ee ) “ Prevention of Significant Deterioration (PSD) ” means any federal requirements contained in or promulgated pursuant to Part C of the federal Clea n

Air Act as part of 40 CFR Part 52.

(bb ff ) “ Process ” means any air-contaminant-emitting activity associ ated with the operation of a portable registered engine or equipment unit

.

(cc gg ) “ Project, for the purposes of onshore operation, ” means the use of one or more registered portable engines or equipment units operated under the same or common ownership or control to perform a single act ivity.

(dd hh ) “ Project, for the purposes of State Territorial Wate rs (STW), ” means the use of one or more registered portable 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 performe d in STW. For the purposes of this

definition, a contract means verbal or written comm itments covering all operations necessary to complete construction, exploration, ma intenance, 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 speci fied in the contracts is determined by the Executive Officer to be sequentia l.

(ii) “ Provider of Essential Public Service (PEPS) ” means any privately-owned corporation or public agency that owns, operates, c ontrols, or manages a line, plant, or system for the transportation of people o r property, the transmission of telephone or telegraph messages, or the production, generation, transmission or furnishing of heat, light, water, power, or sanitat ion directly or indirectly to the public.

(ee jj ) “ Registration ” means issuance of a certificate by the Executive O fficer acknowledging expected compliance with the applicab le requirements of this article, and the intent by the owner or operator to operate said portable the engine or equipment unit within the requirements es tablished by this article. as it pertains to portable engines and equipment units

.

(ff kk ) “ Rental Business ” means a business in which the principal use of its engines or equipment units is to temporari ly the renting or leasing e for profit of , portable registered engines or equipment units. to operators other tha n the owner(s) of the engine or equipment unit

.

(gg ll ) “ Renter ” means a person who rents and or operates portable registered engines or equipment units from a rental business not owned by that person

.

(hh mm ) “ Resident Engine ” means: a portable engine that at the time of applying for registration, has a current, valid district permit or registration issued in9

accordance with local district requirements or 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 requ ires a permit to operate or registration does not qualify for consideration as a resident engine.

(1) a portable engine that at the time of applying for registration, has a current, valid district permit or registration issu ed in accordance with local district requirements, and an application for regis tration is submitted to the Executive Officer on or before December 31, 2005; o r (2) a portable engine that resided in the State of Cali fornia at any time from July 1, 2003 to July 1, 2004 and an application for registration is submitted

to the Executive Officer no later than December 31 , 2005. The responsible official shall provide sufficient docum entation to prove the portable engine's residency to the satisfaction of the Executive Officer. Examples of adequate documentation include but are not limited to: valid permits issued by a di strict, tax records, and usage or maintenance

records.

(ii nn ) “ Responsible Official ” is the refers to an individual employed or otherwise

retained by a the company, public agency, or municipality that has public agency

with the authority to certify that the portable registered equipment engines or equipment units under his/her jurisdiction comply ies with all applicable requirements of this article 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 char acteristics significantly similar to the theoretical Otto combustion cycle. Spark- i gnition engines usually use a throttle instead of using fuel supply to control in take air flow to regulate power.

(jj 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, an d other inland waterways.

(qq) “ Statewide Registration Program ” means the program for registration of portable engines and equipment units set out in thi s article.

(kk rr ) “ Stationary Source ” means any building, structure, facility or install ation 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 w hich are owned or operated by entities which are under common control ; (2) belong to the same industrial grouping either b y virtue of falling within the same two-digit standard industrial classification c ode or by virtue of being10 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 adjace nt properties.

[Note: For the purposes of this regulation a stati onary source and nonroad engine are mutually exclusive.]

(ll) Stic k Test means the process whereby a ruler or similar devic e is inserted perpendicular to the bottom of the fuel tank. From the wetted length of the ruler, the amount of fuel remaining in a tank of known dim ensions can be calculated.

(mm ss) “ Storage ” means a warehouse, enclosed yard, or other area es tablished for the primary purpose of maintaining portable registered engines or equipment units when not in operation.

(nn tt) “ Tactical Support Equipment (TSE) ” means equipment using a portable engine, including turbines, that meets military spe cifications, owned by the U.S. Department of Defense, the U.S. military services, or its allies, and used in combat, combat support, combat service support, tac tical or relief operations, or training for such operations. Examples include, bu t are not limited to, internal combustion engines associated with portable generat ors, aircraft start carts, heaters and lighting carts.

(uu) “ Third-party Rental” means a non-rental business renting or leasing regi stered engines and/or equipment units to another party by written agreement.

(oo vv ) “ Transportable ” means the same as portable.

(qq ww ) “ U.S. EPA ” means the United States Environmental Protection A gency.

(xx ) Vendor ” means a seller or supplier of portable engines or equipment units for

use in California.

(pp yy ) “ 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-trif luoromethyl 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 (dichlorodi fluoromethane), CFC-22 (chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentafl uoroethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a (tetrafluoroeth ane), HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifluoroet hane), HCFC-124 (chlorotetrafluoroethane), HFC-23 (trifluoromethane ), HFC-134 (tetrafluoroethane), HFC-125 (pentafluoroethane), H FC-143a (trifluoroethane),11

HFC-152a (difluoroethane), cyclic, branched, or lin ear completely methylated siloxanes, the following classes of perfluorocarbon s:

(1) cyclic, branched, or linear, completely fluorin ated alkanes; (2) cyclic, branched, or linear, completely fluorin ated ethers with no

unsaturations; (3) cyclic, branched, or linear, completely fluorin ated tertiary amines with no

unsaturations; and (4) sulfur-containing perfluorocarbons with no unsa turations and with the sulfur bonds to carbon and fluorine, acetone, ethan e, and parachlorobenzotrifluoride (1-chloro-4-trifluoromet hyl benzene).

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 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 mus t be portable as defined in section 2452 (z dd ) and meet all applicable requirements established in this

article.

(b) For purposes of registration under this article , an portable engine and the equipment unit it serves are considered to be separ ate emissions units and require separate applications.

(c) For an identical replacement, an owner or opera tor of a registered portable engine or equipment unit is not required to complet e a new application and may immediately operate the identical replacement. Exc ept for TSE, the owner or operator shall notify the Executive Officer in writ ing within five calendar days of replacing the registered portable engine or equipment unit with an identical replacement. Notification shall include company na me, responsible official, phone number, registration certificate number of th e portable engine or equipment unit to be replaced; and make, model, rat ed brake horsepower, serial number of the identical replacement, description of the mechanical breakdown; and applicable fees as required in section 2461. M isrepresentation of portable engine or equipment unit information and or the failure to meet the requirements of this regulation shall be deemed a violation of t his article. subject the owner or operator to section 2465.

(d) The Executive Officer shall inform the applican t, 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.12

(e) The Executive Officer shall issue or deny regis tration within 90 days of receipt of a complete application. according to the following schedule:

(1) within 90 days of receipt of an application, for ap plications received on or before December 31, 2005, except for applications c ontaining only resident engine s or only resident engines and equipment units whic h shall be 180 days from the date of receipt; and (2) within 90 days of receipt of an application, for ap plications received after

December 31, 2005.

(f) Upon finding that an portable engine or equipment unit meets the requirements of this article, the Executive Officer shall issue a registration for the portable engine or equipment unit. The Executive Officer sh all notify the applicant in writing that the portable engine or equipment unit has been registered. The notification shall include a registration certifica te, any conditions to ensure compliance with s S tate and federal requirements, and a registration i dentification device for each registered portable engine or equipment unit registered pursuant to this regulation . Except for TSE, the registration identification device shall be affixed on the registered portable engine or equipment unit at all times, and the registration certificate shall be kept on the immed iate premises with the portable engine or equipment at all times and made accessibl e to the Executive Officer or

districts upon request. Failure to properly maintain the re gistration identification

device shall be deemed a violation of this article.

(g) Except for TSE, each application for registrati on 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 fo llowing information:

(1) indication of portable engine or equipment unit status (e.g., r esident) and general nature of business (e.g., rental business, etc.); (2) indication of home district (optional); (3 2 ) the name of applicant, including mailing address and telephone number; (4 3 ) a brief description of typical portable

- engine or equipment-unit use; (5 4 ) detailed description, including portable

- engine or equipment-unit make, model, manufacture year (for portable engines only) , rated brake horsepower, throughput, capacity, emission control equipment, and serial

number; (6 5 ) necessary engineering data, emissions test data, or manufacturer’s emissions data to demonstrate compliance with the r equirements as specified in sections 2455, 2456, and 2457; (7 6 ) for resident engines, a copy of a current permit to operate or a registration certificate that was granted by a district or other proof of California residency as described in section 2452 (hh mm ); and (8 7 ) the printed name and signature of the responsible official and date of the signature.13

(h) For TSE, application for registration and the a ppropriate fee(s) as specified in section 2461, shall be submitted in a format approv ed by the Executive Officer and include, at a minimum, the following informatio n:

(1) the name of applicant, including mailing addres s and telephone number; (2) a brief description of typical portable

- engine or equipment-unit use; (3) portable

- engine or equipment-unit description, including typ e and rated brake horsepower; and (4) the printed name and signature of the responsib le official and date of the signature.

(i) All registered engines and equipment units shall h ave a designated home district as defined in section 2452 (n) according to the fol lowing:

(1) Owners holding valid registration(s) prior to the effective date shall designate in writing to the Executive Officer a hom e district within 90 days of the effective date of this regulation. The Exec utive Officer shall designate the home district for any and all registe red engines and equipment units for existing registration program p articipants that fail to designate a home district; (2) a home district shall be designated on each applic ation for initial registration of an engine or equipment unit; and (3) except for registered engines or equipment units o wned by a rental business or involved in a third part rental, if the engine or equipment unit, based on averaging of annual operation in each dist rict from the three annual reports submitted during the 3 year registra tion cycle, 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 differe nce between the home district operation percentage and the district with the largest operating percentage is 5 percent or less

.

(i j ) Porta ble E e ngines or equipment units owned and operated for th e primary purpose of rental by a rental business shall be ide ntified as rental at the time of application for registration and shall be issued a registration specific to the rental business requirements of this article. Portable en gines or equipment units used primarily for purposes other than rental or not own ed by a rental business shall not qualify for registration as a rental business. Misrepresentation of portable engine or equipment unit use in an attempt to quali fy under the rental business definition shall subject the owner or operator to s ection 2465 be deemed a

violation of this article.

(j) Applications must be filed with the Executive Offic er to change all registered non

operational engi nes and equipment units to operational status no la ter than 9014

days after the effective date of these regulations, or the registrations will be

cancelled.

(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 Of ficer, district permits or registrations for registered portable engines or equipment units registered in the Statewide Registration Program are preempted by the statewide registration and are, therefore, considered null and void, except fo r the following circumstances where a district permit shall be required:

(1) portable engines or equipment units used in a project(s) ope rating in the OCS. The requirements of the district permit or re gistration apply to the registered portable engine or equipment unit while operating at the project(s) in the OCS; or (2) portable engines or equipment units used in a project(s) ope rating in both the OCS and STW. The requirements of the district permit or registration apply to the registered portable engine or equipment unit while operating at the project(s) in the OCS and STW; or (3) at STW project(s) that trigger district emissio n offset thresholds; or (4) at any specific location where statewide regist ration is not valid. The portable owner of the engine or equipment unit shall obtain a district permit or registration for the location(s) where th e statewide registration is

not valid; or (5) any 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.

The Under no circumstance shall a portable engine or equipment unit shall not be operated under both statewide registration and a district permit at any specific location. Where both a district permit for operati on at a specific location and statewide registration have been issued for an engi ne or equipment unit, the terms of the district permit shall take precedence at that location until the permit is no longer valid.

(m) When ownership of a registered engine or equipment unit has been purc hased changes , the new owner shall submit a change of ownership application. This application shall be filed within 30 days of the ch ange of ownership. During the 30 day period the new owner is authorized to operat e the registered engine or equipment unit. If an application is not received within 30 days, the engine or equipment may not operate and T t he 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 afte r a complete application has been approved by the Executive Officer.15

(n) 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 ma y 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 fir st. 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: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2454. Registration Process.

(a) The Executive Officer shall make registration d ata available to the districts via (e.g., on the Internet)

.

(b) The Executive Officer may conduct an inspection of an portable engine or equipment unit and/or require a source test in orde r to verify compliance with the requirements of this article prior to issuance of r egistration.

(c) After obtaining registration in accordance with this article, the an owner or operator of the registered portable 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 vi olation of this article;

and (2) may operate within the boundaries of the State of California so long as such portable registered engines or equipment units comply with all applicable requirements of this article and any oth er applicable federal or

s S tate law.

(d) Districts shall provide the Executive Officer w ith written reports or electronic submittals via the Internet, describing any inspect ions and the nature and outcome of any violation of local, s S tate or federal laws by the owner or operator of registered portable engines or equipment units. The Executive Officer will provide shall make available to all districts with such information via ( e.g., on the Internet)

.

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.16

§ 2455. General Requirements.

(a) The emissions from portable 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 standards . The emissions from any

one or more portable registered engines or equipment units , exclusive of background concentration, shall not cause an exceed ance of any ambient air quality standard. This paragraph shall not be cons trued as requiring operators of portable registered engines or equipment units operators to provide emission offsets for portable engines or equipment units registered under this article.

(b) Portable e E ngines or equipment units registered under this art icle shall comply with article 1, chapter 3, part 4, division 26 of t he California Health and Safety Code, commencing with section 41700.

(c) Except for portable engines or equipment units permitted or registered by a district in which an emergency event occurs, an portable engine or equipment unit operated during an emergency event as defined in section 2452 (f i ) of this article, is considered registered under the require ments 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 Office r within 24 hours of commencing operation. The Executive Officer may fo r good cause refute that an emergency event under this provision exists. If th e Executive Officer deems that an emergency event does not exist, all operation of portable engines and equipment units covered by this provision shall cea se operation immediately upon notification by the Executive Officer. Misrep resentation of an emergency event and failure to cease operation under notice o f the Executive Officer is shall

be deemed a violation of this article. and may subject the o wner or operator to

section 2465 of this article.

(d) For the purposes of registration under this art icle, the owner or operator of a registered portable equipment unit must notify the U.S. EPA and comply with 40

CFR 52.21 if:

(1) the portable registered equipment unit operates at a facility defined as a major stationary source under 40 CFR 51.166 or 52.21, and

(A) the major stationary source facility is located within 10 kilometers of a Class I area; or (B) the portable registered equipment unit, operating in conjunction with other registered portable equipment units, operates at the major stationary source and its operation would be defin ed as a major modification to the stationary source under 4 0 CFR 51.166 or

52.21; or17

(2) the portable registered equipment unit, operating in conjunction with othe r registered portable equipment units, would be defined as a major stationary source, as defined under 40 CFR 51.166 o r 52.21.

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2456. Engine Requirements.

(a) For TSE, no air contaminant shall be discharged from a registered engine or equipment unit into the atmosphere, other than uncombined water v apor, for a period or periods aggregating more than three minut es 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 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 ot her requirements of this section are applicable to TSE.

(b) Registered D d iesel pile-driving hammers shall comply with the ap plicable provisions of section 41701.5 of the California Hea lth and Safety Code and are otherwise exempt from further requirements of this section.

(c) To be registered in the Statewide Registration Program, a registered portable engine rated less than 50 brake horsepower shall be a certified engine, unless comply with the most stringent requirements, if any , for its horsepower rating and year of manufacture set forth in 40 CFR Part 89 or Title 13, California Code of Regulations. If no emission standards exist for that brake horsepo wer and year

of manufacture

. at the time of registration , In that event, the engine shall comply with the applicable daily and annual emission limit s contained in section 2456 (g) (d)(6) of this article. No other requirements of this se ction are applicable to portable engines rated less than 50 brake horsepowe r.

(d) After January 1, 2006, Portable engines rated equal to, or greater than 50 bhp registered under this article shall:

(1) be certified compression-ignition engines or certi fied spark-ignition engines that meet the most stringent emissions stan dard in effect for the applicable horsepower range at the time the applica tion is received. Spark-ignition engines that are not certified spar k-ignition engines may be registered if they meet the emission standards in T able 1. This provision does not apply to certified compression-ignition en gines built under the flexibility provisions for equipment and vehicle ma nufacturers, post manufacture marinizers, engines that qualify as res ident engines, or changes of ownership. Notwithstanding the foregoin g, until November 1,18 2006, the requirement for a certified Tier 3 engine in the 175 to 750 bhp range and a certified Tier 2 engine for engines rat ed at greater than 750 bhp shall not apply to owners of new engines purcha sed on or after July 1, 2005, but before January 1, 2006, provided:

(A) the engine is in a new piece of equipment that was sold to the ultimate user by the manufacturer or an authorized distributor between July 1, 2005 and December 31, 2005 and is e ither a certified Tier 2 engine for engines in the 175 to 7 50 bhp range or a certified Tier 1 engine for engines rated at greate r than 750 bhp;

and (B) a complete PERP application, including all form s and applicable fees, are received by the Executive Officer prior t o November 1,

2006; and (C) the application contains valid documentation of the date of sale as approved by the Executive Officer. Valid documenta tion of the date of sale includes, but is not limited to, the date s hown on the front of the cashed check, the date of the financial transac tion, or the date shown on the engine purchase agreement between the ultimate user or engine packager, and the engine manufacture r or dealer/distributor. (2) meet all applicable requirements in Title 17 of th e California Code of Regulations commencing with section 93116; (1 ) comply with the applicable daily and annual emissi on limits contained in section 2456 (g) of this article; (2 3 ) use only fuels meeting the standards for Californ ia motor vehicle fuels as set forth in chapter 5, division 3, Title 13 of the California Code of Regulations, commencing with section 2250, or other fuels and/or additives that have been verified through the Verif ication Procedure for InUse Strategies to Control Emissions from Diesel Eng ines; (3 4 ) not exceed particulate matter emissions concentrati on of 0.1 grain per standard dry cubic feet corrected to 12 percent CO 2 ;

. This provision does not apply to certified compression-ignition engines , certified spark-ignition engines, or any spark-ignition engine meeting Table 1 requirements; (4 5 ) not discharge air contaminants into the atmospher e 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 percen t 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 matte r less than 10 microns (PM 10 ); (C) for registered engines operating onshore, 10 tons for each pollutant per district per year per engine for NOx, SOx, VOC, PM 10 , and CO

in nonattainment areas; and (D) for registered engines operating within STW:19 (1) the offset requirements of the corresponding onsho re district apply. Authorization from the corresponding onshor e district is required prior to operating within STW. If auth orization is in the form of a current district permit, the terms and conditions of the district permit supersede the req uirements of the statewide registration for the project, exce pt that the most stringent of the technology and emission conce ntration 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 o f the statewide registration apply, and the corresponding onshore district may require offsets pursuant to district r ules and regulations. The requirement for district offsets shall not apply to the owner or operator of an engine(s) regi stered in the statewide registration program when the engine( s) is operated at a stationary source permitted by the di strict; 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 oper ator 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 stand ard.

(E) for registered engines operating in the South Coas t Air Quality Management District (SCAQMD), 100 pounds nitrogen o xides (NOx) per project per day [An owner may substitute SCAQMD permit or registration limits in effect on or befor e September 17, 1997 (optional)]; (F ) 100 pounds NOx per registered engine per day, ex cept in SCAQMD where the limit is 100 pounds NOx per projec t 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 T itle 13 of the California Code of Regulations has not yet become effective, s hall not exceed 12 hours per day. (8) For registered engines that operate in both STW an d onshore, the 10 tons per district per year per engine limit in (6)(C) ab ove shall only apply

onshore. (9) For certified compression-ignition engines, certi fied spark-ignition engines, or any spark-ignition engine meeting Table 1 requir ements, the daily and

annual emission limitations in section 6 above shal l not apply.20

(5 ) except for an engine that qualifies as a resident engine, and app lications for change of ownership, applications filed on or befor e December 31, 2005, meet the most stringent emissions standard. After December 31, 2005, except for change of ownership, applications file d for new registration or identical replacement of a registered portable engi ne, meet the most stringent emissions standard. This provision in subsection ( d)(5) does not apply to engines built under the flexibility provisions for equipment and vehicle

man ufacturers and post manufacture marinizers pursuant to 40 CFR part 89 or Title 13 of the California Code of Regulations; (6 ) afterJanuary 1, 2010, if rated 50 brake horsepowe r or above and not previously meeting a federal or California standard pursuant to 40 CFR Part 86, 40 CFR Part 89 or Title 13 of the California Co de of Regulations meet the most stringent emissions standard (the registration for portable engines that previously did not meet the most stringent standard s listed above shall expire

on Decem ber 31, 2009, and the responsible official must rea pply at this time and demonstrate compliance with the most stringent emissions standard). The requirements of this sub

- section do not apply if the requirements of Title 13 of the California Code of Regula tions Section 93116.3 are satisfied ; (7) meet all applicable requirements in Title 13 of th e California Code of Regulations Section 93116; and (8) for the purpose of sub

- sections (d), (g), and (h), the most stringent

emissions standard shall be the curre nt emissions standard in effect at the time an application is received and set forth in Ti tle 13 of the California Code of Regulations for that engine rating. If no emissions standard exists under the California Code of Regulations, th en the current

emiss ions standard set forth in 40 CFR Part 86 or 40 CFR Part 89 shall apply. If no standard exists under 40 CFR Part 86, or 40 CFR Part 89, then the current requirements of 40 CFR part 1048 o r Table 1 for spark

ignition engines shall apply. Any engine meetin g the most stringent emission standard, as defined above, is not subject to requirement (3) of

sub

- section (d).

(e) A registered portable engine owned and operated by a rental business and designated for use as a rental engine shall have op erational and p roperly

maintained non

- resettable hour meters or fuel flow meters for purp oses of complying with the requirements of section 2458.

(f e ) Any All registered portable engines that is subject to an hours of operation

limitation shall be equipped with a functioning non-resettable hour meter, fuel meter or other operation tracking device approved b y the Executive Officer

. Engines registered prior to the effective date of t his regulation, that are not equipped with a functional non-resettable hour mete r, fuel meter or other operation tracking device shall install one and not ify ARB in writing within 6 months of the effective date of this regulation.

(g) Registered portable engines shall not exceed the fo llowing emission limits:21

(1) 550 pounds per day pe r engine of carbon monoxide (CO); (2) 150 pounds per day per engine of particulate matter less than 10 microns (PM 10 ); (3) for registered portable engines operating onshore, 10 tons for each pollutant per district per year per engine for NOx, SOx, VOC, PM 1 0 , and CO in nonattainment areas; (4) for registered portable engines operating within ST W:

(A) the offset requirements of the corresponding onshor e district apply. Authorization from the corresponding onshor e district is required prior to operating wi thin STW. If authorization is in the form of a current district permit, the terms and co nditions of the district permit supercede the requirements for the project, except that the most stringent of the technology and emiss ion concentration limits required by the district permit or statewide registration are applicable. If the portable engin e does not have a current district permit, the terms and conditions o f the statewide registration apply, and the corresponding onshore d istrict may require offsets purs uant to district rules and regulations. The requirement for district offsets shall not apply to the owner or operator of a state registered engine(s) when the e ngine(s) is operated at a stationary source permitted by the di strict; and (B) the correspondin g onshore district may perform an ambient air quality impact analysis (AQIA) for the proposed pro ject prior to granting authorization. The owner or operator of s tate registered engine(s) shall be required, at the request of the district, to submit any inf ormation 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 potentia l violation of an ambient air quality standard.

(5) for engines operating in the Sout h Coast Air Quality Management District (SCAQMD), 100 pounds nitrogen oxides (NOx) per proj ect per day [An owner may substitute SCAQMD permit or registration limits in effect on or before September 17, 1997 (optional)]; (6) 100 pounds NOx per engine per day, except in SCAQMD where the limit is 100 pounds NOx per project per day; and (7) in lieu of (5) and (6) above, operation of a new no nroad engine rated at 750 brake horsepower or greater for which a federal or California standard pursuant to 40 CFR Par t 89 or Title 13 of the California Code of Regulations has not yet become effective, shall not exceed 12 hours per day; (8) for engines that operate in both STW and onshore, t he 10 tons per district per year per engine limit in (3) above shall only a pply o nshore; and22

(9) A portable engine meeting an applicable emissions standard, as set forth in Title 13 of the California Code of Regulations, 40 CFR Part 86, 40 CFR Part 89, or for spark

- ignition engines that meet either the standards set forth in 40 CFR par t 1048 or the applicable emissions standard set for th in Table 1 of this regulation, is exempt from the dail y and annual emission limits specified above.

(h) Portable engines operated on a dredge shall meet t he most stringent emission standard by January 1, 2005.

(i f ) Registered TSE is exempt from district New Source Review and Title V programs, including any offset requirements. Furth er, emissions from registered

TSE shall not be included in Title V or New Source Review applicability

determinations.

(j ) Engines initially registering after September 1, 2 005 that provide power to or that are mounted on the same trailer or skid with equipm ent that is ineligible for registration and subject to district permits, inclu ding but not limited to boilers,

heaters, hot mix asphalt plants, and soil remediation units , shall 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 Regul ations.

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

Table 1 Spark-ignition Engine Requirements*



### Pollutant Emission Limits or Control Tec hnology

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 requirement s of section 2455 and 2456. ** For the purpose of compliance with this article, ppmdv is parts per million @ 15 percent oxygen ave raged over 15 consecutive minutes. Limits of ppmdv are t he approximate equivalent to the stated grams per brake horsepower hour limit based on assuming the e ngine is 24.2 percent efficient.

§ 2457. Requirements for Portable Registered Equipment Units.

(a) Emissions from a registered portable equipment unit, exclusive of emissions emitted directly from the associated portable engin e, shall not exceed:

(1) 10 tons per year per district of PM 10 ; and (2) 82 pounds per project per day of PM 10

.23

(3) For registered equipment units that operate wit hin STW and onshore, emissions released while operating both in STW and onshore shall be included toward the 10 tons per year limit.

(b) Portable Registered equipment units shall also meet the following appl icable 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 minut es 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 contr olled using a fabric or cartridge filter dust collector; (C) as a part of application for registration, the applicant shall provide manufacturer’s specifications or engineering data t o demonstrate a minimum particulate matter control of 99 percent fo r the dust collection equipment; (D) except for vent filters, each fabric dust colle ctor 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 ducte d 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 pr oper operating

condition; (D) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minut es 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 t raffic shall be paved, watered, or chemical palliatives applied to prevent fugitive emissions in excess of 20 percent opacity or Ringel mann 1; (F) silo service hatches shall be dust-tight; (G) as a part of application for registration, th e applicant shall provide

manufacturer’s specifications or engineering data t o demonstrate a minimum particulate matter control of 99 percent fo r the fabric dust collection equipment;24 (H) except for vent filters, each fabric dust colle ctor 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 mate rial being transferred results in no visible emissions; (K) wet suppression shall be used on all stockpiled material to control fugitive particulate emissions, unless the stockpil ed 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) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minut es 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 f abric or cartridge type filter dust collector, or shall be equipped with a wet suppression system maintaining a minimum moisture content unles s there are

no visible emissions; (D) particulate matter emissions from each crusher shall be ducted through a fabric dust collector, or shall be equipp ed with a wet suppression system which maintains a minimum moistu re content to ensure there are no visible emissions; (E) all conveyors shall be covered, unless the mate rial 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 n o visible

emissions; (G) as a part of application for registration, the applicant shall provide manufacturer’s specifications or engineering data t o demonstrate a minimum particulate matter control of 99 percent fo r the fabric dust collection equipment; (H) except for vent filters, each fabric dust colle ctor 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 t raffic shall be paved, watered, or chemical palliatives applied to prevent fugitive emissions in excess of 20 percent opacity or Ringel mann 1; and25 (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 minut es 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 a brasive blasting material shall be used [Note: see Title 17, Califor nia Code of Regulations, section 92530 for certified abrasives. ]; (C) the abrasive material shall not be reused; (D) no air contaminant shall be released into the a tmosphere which causes a public nuisance; (E) all applicable requirements of Title 17 of Cali fornia Code of Regulations shall also apply; and (F) there shall be no visible emissions beyond the property line on which the equipment is being operated. (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 minut es in any one hour which is as dark or darker than Ringelmann 1 o r 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 visibl e emissions.

(c) Registered Portable equipment units not described in section 2457(b) a bove, shall be subject to the most stringent district Bes t 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, operati ng scenario, or number of transfer points from that set out in the registrati on 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.

(d e ) Registration is not valid for any equipment unit operating at a location if by virtue of the activity to be performed hazardous air pollu tants 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 distric t in which the equipment unit is operated located .]26

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2458. Recordkeeping and Reporting.

( a ) Any registered portable engine, except for engines operating in STW, that meets one of the following criteria is exempt from the re quirements of this section,

e xcept for sub

- sections (e) and (f):

(1) an applicable emissions standard as set forth in Ti tle 13 of the California Code of Regulations, 40 CFR part 86, or 40 CFR Part 89; or (2) for spark

- ignition engines, the emissions standard set forth in 40 CFR part

1048 or set forth in Table 1 of section 2456.

(b a ) Except for registered engines and equipment units owned by a rental business, used in a third-party rental, operated by a PEPS, and or TSE, the owner of a registered portable engine subject to operationa l limitations , including engines otherwise preempted under section 209 (e) of the fe deral Clean Air Act , or portable registered equipment units shall maintain daily records for each day of operation of each registered portable engine and equipment unit

. Recordkeeping for units not previously required to maintain recor ds shall begin upon the effective date of the regulation or January 1, 2007, which ev er is later. For units not previously required to have an hour meter, fuel met er or other device approved by the Executive Officer, the owner or operator sha ll record hours of operation until the hour meter, fuel meter or other device ap proved by the Executive Officer

has been installed. The daily records shall be maintained at a central place of business for five years, and made accessible to the Executive Officer or districts upon request. Daily r R ecords shall be maintained in a format approved by the Executive Officer and include, at a minimum, all of the following:

(1) po rtable engine or equipment unit registration number; (2) month, day and year; recordings from an hour meter, fuel meter, or other device approved by the Executive Officer, and the c orresponding dates of the recordings for each registered engine or equipm ent 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, read ings shall be recorded at the beginning and end of each calendar week; or27 (C) for each location, readings shall be recorded p rior to commencement of operation and upon completion of op eration at

that location.

(3) For registered engines and equipment units subject to a daily operational limitation, daily records of either hours of operat ion, fuel usage, or process throughput as applicable. (3 4 ) recordings from an hour meter, fuel meter, or oth er device approved by the Executive Officer and the corresponding dates o f the recordings any time an engine or equipment unit is undergoing serv ice, repair, or

maintenance; and the location(s) at which the port able engine or equipment unit was operated, identified by district , county, or specific location(s) ; (4 5 ) for each start and stop reading specified in (2) and (3) above, the location identified by district, county, or other indicator (i.e., street address, UTM coordinates, etc.) for equipment units, the total process weight or throughput ; (5) for engines that are subject to hours of operation limitations, actual hours of operation; and (6) for engines that are subject to fuel use limitatio ns, total fuel us ed in gallons:

(A) for engines initially registering on or after Septe mber 1, 2005, daily fuel consumption shall be measured by fuel flow met er; and (B) for engines initially registering prior to Septembe r 1, 2005, daily fuel consumption shall be measured either by fuel flow meter, fuel tank stick test, or by fuel purchase records. If fuel p urchase records or a stick test is used, the operator shall record the a verage operating load of the engine or use the approved operating lo ad default factors, and the calculation approved by the Executive Officer to determine the daily fuel use for the engine. The s tick test shall be performed prior to the start of and after the shutd own of operations on any given day to determine the amount of fuel us ed on that day. For an engine that operates on a 24

- hour basis, the stick test shall be performed once at the same time each day of unin terrupted operation, and then compared to the previous day’s test to calculate daily fuel use.

(c b ) A rental business or T t he owner of a registered portable engine or equipment unit owned by involved in a third party rental a rental business and designated for the purpose of renting , shall maintain records for each rental or lease transaction. The written rental or lease agreement shall be kept onsite with the registered engine or equipment unit at all times. Recordkeeping for registered units not previously required to maintain records shall begin upon the effective date of the regulation or January 1, 2007, which ever is later. For registered units not previously required to have an hour meter, fuel met er or other device approved28

by the Executive Officer, the owner or operator sha ll record hours of operation until the hour meter, fuel meter or other device ap proved by the Executive Officer

has been installed . The owner shall provide each person who rents a registered portable engine or equipment unit with a written copy of applicable requirements of this article, including recordkeeping and notifi cation requirements, as a part of the agreement. The records, including written ackn owledgment by each renter of the portable registered engine or equipment unit of having received the above information, shall be maintained by the rental busi ness or the owner of the registered engine or equipment unit involved in a t hird-party rental at a central location for five years, and made accessible to the Executive Officer or districts upon request. Records shall be maintained in a for mat approved by the Executive Officer and include, at a minimum, for ea ch registered portable engine or equipment unit all of the following:

(1) portable registered engine or equipment unit registration number; (2) dates for the start and end of the rental trans action portable engine left and returned to a rental yard ; and (3) hours of operation for each rental period inclu ding 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 indi cator (i.e., street address, UTM coordinates, etc.)).

(d c ) For TSE, each military installation shall provide the Executive Officer an annual report, in a format approved by the Executive Offic er, 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 s ection 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 li st accordingly. A renewal registration will be issued with the updated TSE li st every three years according to expiration date.

(e) For generators used to provide power to a building, facility, stationary source, or stationary equipment during unforeseen i nterruptions of electrical power from the serving utility or during electrical upgrades, the owner or operato r shall maintain a daily record that shall include th e following:

(1) location; (2) month, day, and year of operation; and (3) hours of operation.

(f d ) For each registered engine subject to the requirements of Title 13 7 California Code of Regulations section 93116, the owner shall keep records and submit reports in accordance with Title 13 7 California Code of Regulations section

93116.4.29

(e) Except for registered engines or equipment units o wned by a rental business, used in a third-party rental, operated by a PEPS or TSE, the owner of a registered engine or equipment unit shall provide t he Executive Officer an annual report signed by the responsible official, in a for mat approved by the Executive Officer, by March 1 of each calendar year containin g 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, quarterly summaries for ea ch district or county the total fuel usage in gallons per quarter, or total h ours of operation per quarter, for each registered engine; and (4) for registered equipment units, quarterly summarie s for each district or county in which the registered equipment unit was o perated 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 p rovide the Executive Officer an annual report signed by the responsible official, i n 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 f or each registered engine based on, and including, beginning and ending annua l hour meter readings and dates upon which the total hours of an nual operation

calculation is based; (4) list of all counties in which the registered engin e operated in during the reporting year as reported by the entity(ies) that operated the registered engine or equipment unit; and (5) estimate of the percentage of total hours operated in each of the counties identified in (4) above.

(g) the owner or operator of a registered engine or eq uipment unit used by a PEPS shall provide the Executive Officer an annual repor t, in a format approved by the Executive Officer, by March 1st of each calendar ye ar 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; and (4) estimate of the percentage of hours or fuel usage for the three counties in which the registered engine or equipment unit opera ted the most.30

(h) Records requests made by a district or Executive O fficer shall be made to the responsible official. The responsible official sha ll provide the requested records within 30 days from receipt of the request. Failur e to provide the records by the specified date shall be deemed a violation of this article.

(i) Each district shall provide the Executive Officer with an annual report, in a format approved by the Executive Officer, by March 31 foll owing the year in which the information was collected containing all of the fol lowing information:

(1) the number of portable engines and equipment units inspected; (2) the number of portable engines and/or equipment un its found operating without valid district permits or statewide registr ations; (3) the number of registered engines and equipment uni ts inspected; and (4) summary of results of inspections.

(j) Vendors selling new portable engines and/or equ ipment units in California shall:

(1) notify the buyer about this regulation; and (2) on a monthly basis submit to the Executive Offi cer the number of portable engines and/or portable equipment units sold by the vendor for use in California including: the name, address, and contac t information of the purchaser, and description of the engine and/or equ ipment unit including make, model, and engine family name.

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2459. Notification.

(a) Except as listed in subsection (f d ) of this section, if a registered portable engine

or equipment unit will be in a district at a location for more than five days, the

owner or operator or renter of that registered equipment unit , shall notify the district in writing, via facsimile, electronic mail , or by telephone, in a format approved by the Executive Officer, within two working days of commencing operations in that district. If the registered equ ipment unit is to be moved to different locations within the same district, the o wner 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 :

(1) the registration number of the registered portable engine or equipment

unit;31

(2) the name and phone number of the responsible of ficial or renter with information concerning the locations where the regi stered portable engine

or equipment unit will be operated within the distric t; and (3) estimated time the registered portable engi ne or equipment unit will be

located in the district.

(b) If the district has not been notified as requir ed in paragraph (a) ,section 2459(a)

above, because the owner or operator did not reasonably expect the duration of operation in the district to trigger the notification requirement in section 2459(a)

above, the owner or operator or renter (except as noted in (c) below), shall notify the district ,in a format approved by the Executive Officer, within 12 hours of determining the registered portable engine or equipment unit will be operating in

the district at a location more than five days.

( c ) Except as listed in sub

- section (f) of this section, owners and operators o f registered porta ble engines rated less than 200 brake horsepower an d designated by the Executive Officer for rental use by a rental business are not subject to notification requirements.

(d c ) Owners and operators of TSE are not subject to th e notification requirements of

this section 2459

.

( e ) Except as listed in sub

- section (f) of this section, owners and operators o f registered portable engines or equipment units moving into the designated home

distr ict are not subject to notification requirements, p roviding the home district is identified at the time of registration.

(f d ) For STW projects, the owner and/ or operator of a registered engine or registered

such equipment unit shall notify the corresponding onshore district in writing, via facsimile, electronic mail, or by telephone, in a format approved by the Executive

Officer at least 14 days in advance of commencing operatio ns in that district. The notification shall include all of the following :

(1) the registration number of the registered portable engine(s) or equipment unit(s ); (2) the name and phone number of the responsible of ficial with information concerning the locations where the registered portable engine(s) or equipment unit(s) will be operated within the district; (3) estimated time the registered portable 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 requirement s.32

(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 with in the timelines specified in this

section 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: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2460. Inspections and Testing.

(a) In determining if a portable engine or equipmen t unit is eligible for registration, the Executive Officer may inspect a the portable engine or equipment unit and/or require a source test

, at the owner ’ s expense, in order to verify information submitted in the application except as provided in section 2460 (d)

.

(b) Each district shall inspect all registered engines and equipment units for which the district has been designated as the home distri ct 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 t he home district to arrange for inspection of the registered engine or equipment unit to be completed within one year of the initial registrati on or renewal date. If the registered engine or equipment unit shall be operat ing in a district, other than the home district, the owner or operator may r equest the home district to arrange for an inspection by that other district.

(2) For portable engines, each home district should co nduct no more than 20 percent of the arranged inspections for that distri ct 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 a rranged inspection for that engine shall be an in-field inspection. This secti on does not limit the authority of a district to conduct any number of no n-arranged in-field or non-field inspections for which no fee is charged.

(3) For registered equipment units operating with r egistered engines, the owner or operator may request that the registered e ngine be inspected under the arranged inspection program or together w ith the equipment unit at the hourly rate specified in Table 2.

(4) Arranged inspections for PEPS engines and register ed equipment units shall be non-field inspections unless an in-field i nspection is requested by33 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 agree d upon in advance with the district and company preferences regarding time of day shall be to

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 i n Table 2.

(6) If an arranged inspection of a registered engine o r registered equipment

unit does not occur due to unforeseen circumstances , the owner or operator and the home district shall reschedule the arranged inspection no later than 90 days of the initially scheduled inspe ction. Any unreasonable actions on the part of the owner or operator that p revents the inspection to occur within the specified time frame shall be deem ed a violation of this article. Actions taken by the owner or operator th at could be deemed “unreasonable” include, but are not limited to:

(A) failing to respond to the district correspondence s or other contracts made to schedule the inspecti on; (B) failing to ensure that the registered engine or eq uipment unit is in operation for arranged “in-field inspections” or wh ere the district has provided advance notification to the owner or opera tor that the registered engine or equipment unit is required to be observed in operation.

(7) The owner or operator may request the scheduling o f one or more arranged inspections for multiple engines in order to qualify for an inspection fee discount as specified in section 246 1 (d). Within 45 days of date of initial issuance of registration or by Janu ary 30 of each year for renewals, the owner or operator shall submit a lett er of intent including an equipment list and registration numbers to the dist rict to arrange for inspection of multiple engines. The inspections sh all be completed within one year after the registration renewal date for ea ch 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 inspectio n 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 let ter to the district noting the registration number of the registered en gine or equipment unit and that the engine or unit is out o f California for the one-year period; and34 (B) upon the return of the registered engine or equipm ent unit to the State, the owner or operator shall arrange to have the registered engine or equipment unit inspected within 30 days.

(b c ) After issuance of registration, the Executive Off icer or district may at any time conduct an inspection of any registered engine or e quipment 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. However,

s S ource testing of engines for compliance purposes sh all not be required more frequently than once every three years (including t esting at the time of registration), except as provided in section 2460 (d 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 even t shall the Executive Officer or district require source testing of a registered eng ine for which there is no applicable

emission standard, emission limit or other emission related requirement contained in this regulation.

(c 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 Metho d 25A

NOx: ARB Test Method 100 or U.S. EPA Test Meth od 7E

Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 10 Oxygen: ARB Test Method 100 or U.S. EPA Test Met hod 3A Gas Velocity and Flow Rate: ARB Test Method 1 & 2 o r U.S. EPA Test Method 1 & 2

(d e ) Initial or follow-up source testing of engines to verify compliance with the requirements of this regulation shall not be requir ed for certified engines. the following:

(1) engines certified to satisfy the mos t stringent emissions standards for the applicable horsepower range specified for State or federal newly

manufactured engines pursuant to Title 13 of the Ca lifornia Code of Regulations, 40 CFR Part 86, or 40 CFR Part 89 ; or (2) engines certified to meet t he most stringent emissions standards for the applicable horsepower range specified for State or federal on

- highway engines pursuant to Title 13 of the California Code of Regulations; or (3) engines that are retrofitted to meet the most strin gent emissions standards for the applicable horsepower range specified for S tate or federal newly

manufactured engines pursuant to Title 13 of the Ca lifornia Code of Regulations or 40 CFR Part 89, where the retrofit k it has undergone testing consistent with the applicab le certification procedures

.

(e f ) The exemption provided in section 2460 (d e ) shall not apply to source testing of engines for compliance purposes where evidence of e ngine tampering, lack of35

proper engine maintenance, or other problems or ope rating 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: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2461. Fees.

(a) Except as otherwise set out herein, T t he Executive Officer shall assess and collect reasonable fees for registration, renewal, and associated administrative

tasks, to recover the estimated costs to the Execut ive 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 Off icer.

(c) The owner or operator of a portable registered engine or equipment unit shall

submit fees to the Executive Officer and to distric ts in accordance with Table 2. Until December 31, 2005, new program participants s hall pay an increased registration fee in accordance with Table 2. This increased fee shall not apply to agricultural sources or new prog ram participants who have lost permit exemption due to the lowering of the maximum rated horsepower (bhp) permit requirement

threshold.

(d) Prior to switching from non

- operational to operational status, the owner or operator shall pay the applicable fee a s listed in Table 2. The Executive Officer shall verify that the portable engine or equipment unit meets the requirements of this article prior to operation of the portable eng ine or equipment unit.

(e d ) The Executive Officer shall collect an inspection fee as listed in Table 2 one time per every three calendar years for each registered engine to be paid upon initial application and renewal. Except for TSE , W w hen multiple registered portable engines TSE units are inspected at a given source or location, the o wner 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

(f e ) Failure to pay renewal fees when due shall may result in penalties. If a fee payment is not received or postmarked by the specif ied due date, fee penalties36

shall may be assessed per unit in accordance with Table 2. Failure to pay renewal fees prior to expiration shall may result in cancellation of the registration. If a registration has expired for an engine or equi pment unit that is eligible for

reinstatement reactivation , a canceled registration may be reinstated reactivated after payment of all renewal and penalty fees. Reg istration shall 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.

(g f ) Fees shall be periodically revised by the Executi ve Officer in accordance with the consumer price index, as published by the United St ates Bureau of Labor

Statistics.

(h g ) A district may collect a fee for the inspection o f a registered equipment unit pursuant to section 2460. The district shall bill the owner of the equipment unit at a rate as specified in Table 2 of the regulation fo r actual staff time taken to perform the inspection, not to exceed the amount sp ecified in Table 2. Upon receipt of the invoice for the inspection fee, the owner shall have the right to appeal the district’s fee determination to the dist rict Air Pollution Control Officer/Executive Officer pursuant to the provision s of the district’s rules and regulations that govern appeals of fee determinatio ns. In lieu of section 2461 (e) above, a district may collect a fee, in an amount t o be assessed by the district, for costs associated with implementing and enforcin g the requirements of 40 CFR Part 60 Subpart OOO for each registered equipme nt unit subject to Subpart

OOO. In no event shall the fee assessed exceed the actual costs, including staff

time, to the distric t for implementing and enforcing Subpart OOO. If f or reasonable cause, the district performs an inspecti on leading to determination of

non

- compliance with this article, or any applicable sta te or federal requirements, the district may charge a fee per por table equipment unit for each inspection necessary for the determination and ultimate resolu tion 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 resol vi ng any violations

.

(h) The Executive Officer shall collect fees at the ti me of initial registration and renewal for each registered engine as specified in Table 2.

(i) The Executive Officer shall annually distribute di strict inspection fees collected for that year. General inspection fees will be dis tributed equally among the districts. Home district inspection fees will be d istributed to the corresponding

home district.

(i j ) TSE fees are due at the time of the report pursua nt to section 2458 (d c ). Failure to submit the annual report and applicable fees wit hin 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.37

(e k ) The district may collect an inspection fee as lis ted in Table 2 one time per calendar year for each registered TSE inspected. W hen multiple registered portable TSE units are inspected at a given source or locat ion, the inspection fee shall be equal to the lesser of the actual cost, in cluding staff time, for conducting the inspection or the fee as listed in Table 2 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 2 per portable engine or equipment unit for each inspecti on necessary for the

determination and ultimate resolution of the violat ion. 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.

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.38 Table 2 Fees for Statewide Registration Program (Fees are per registered unit except where noted ot herwise)

1 Initial Registration $270.00

A existing program participants until 12/31/05; all a pplicants thereafter (3 year cycle) $270.00

B existing program participants until 12/31/05; all a pplicants thereafter (5 year cycle) $450.00

C new program partic ipants until 12/31/05, except applicants that lost permit exemption (3 year cycle) $370.00

D new program participants until 12/31/05, except app licants that lost permit exemption (5 year cycle) $550.00

2 Tactical support equipment TSE , initial registration

A Registration of first 25 units (or portion thereof) $750.00

B Registration of every additional 50 units (or porti on thereof) $750.00

3 Change of status from non-operational to operationa l

A Where initial evaluation has not been previously co mpleted $180.00

B Where initial evaluation has been previously comple ted $90.00

4 Identical replacement $75.00

5 Renewal, non-TSE $225.00

A Every 3 years $225.00

B Every 5 years $375.00

6 Penalty fee for late renewal payments, non-TSE

A Postmarked within 2 calendar months prior to regist ration expiration date $45.00

B Postmarked within the calendar month prior to regis tration 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 equip ment unit $75.00

9 Change of ownership $75.00

10 Replacement of registration identification device o r placard $30.00

11 Correction to an engine or equipment unit descripti on $45.00

12 Update company information, copy of registration do cuments $45.00

13 Copy of registration documents $45.00

14 Total d D istrict inspection fee per registered portable engi ne, paid once every 3 years or equipment unit inspected $75.00 $345.00

A General district inspection fee $30.00

B Home district inspection fee $315.00

15 District off-hour service fee per hour $50.0039

16 District inspection fees for equipment units:

(Table 2 Continued)

A General district inspection fee, paid once every 3 years $75.00

B District inspection fee per equipment unit, per hou r $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

§ 2462. Duration of registration.

(a) Except as provided for in section 2456(d)(6), r egistrations and renewals will be

valid for either

three or five consecutive years from date of issuance. A new program participant must choose either the three ye ar or five year duration period

for all current and future re gistrations at the time of initial application subm ittal. An existing program participant may choose to conve rt to the five year duration period for all registrations which shall be reissue d upon renewal only. The existing program participant shall submi t a written request for this conversion. For change of ownership, the registration shall ret ain the original expiration date and upon renewal shall be converted to the duration period chosen by the new owner, if different than the duration period of the p revious owner. Once a registration duration period is chosen by a program participant, it shall not be changed.

(b) The Executive Officer shall mail to the owner o r operator of a registered portable engine or equipment unit a renewal invoice at least 60 days prior to the registration expiration. Failure to send or receiv e a renewal invoice does not relieve the responsible official from paying all ap plicable 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 suspen d or revoke registration in any of the following circumstances:40

(1) the holder of registration has violated one or more terms and conditions of registration or has refused to comply with any of t he requirements of this

article; (2) the holder of registration has materially misr epresented the meaning, findings, effect or any other material aspect of th e registration application, including submitting false or incomplete informatio n in its application for registration regardless of the holder’s personal kn owledge of the falsity or incompleteness of the information; (3) the test data submitted by the holder of regis tration to show compliance with this regulation have been found to be inaccura te or invalid; (4) enforcement officers of the ARB or the D d istricts, after presentation of proper credentials, have been denied access, during normal business hours or hours of operation, to any facility or loc ation where registered portable 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 app lies whether or not the holder of registration owns or controls the facilit y or location in question); (5) enforcement officers of the ARB or the D d istricts, after presentation of proper credentials, have been denied access to any records required by this regulation for the purpose of inspection and d uplication; (6) the registered portable engine or equipment unit has failed in-use to comply with the findings set forth in the registrat ion. For the purposes of this section, noncompliance with the registration m ay 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 t hat results in an increase in emissions or changes the efficiency or operating conditions of such engine or equipment unit, withou t 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 Com ply 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 f ees assessed by either the

Executive Officer or district within 120 after the specified due date and there is no pending appeal.

(b) A registration holder of registration may be subject to a suspension or revocation action pursuant to this section based upon the acti ons 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 suspen d or revoke any registration41

granted under this article. The notice shall set f orth the reasons for and evidence supporting the action(s) taken. A suspension or re vocation is effective upon receipt of the notification.

(d) A party 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 r egistration holder will prevail on the merits of the appeal and the harm the regis tration holder of registration will likely suffer if the stay is not granted. The Exec utive Officer shall deny the stay if the adverse effects of the stay on the public healt h, safety, and welfare outweigh the harm to the registration 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 re asons for the suspension and submit a written report to the Executive Officer ad vising him or her of all such steps taken by the holder before the Executive Offi cer will consider reinstating the registration.

(f) After the Executive Officer suspends or revokes a registration pursuant to this section and prior to commencement of a hearing unde r section 2464, if the holder of registration demonstrates to the Executiv e Officer’s satisfaction that the decision to suspend or revoke the registration was based on erroneous information, the Executive Officer will reinstate t he registration.

(g) Nothing in this section shall prohibit the Exec utive Officer from taking any other action provided for by law for violations of the He alth and Safety Code.

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2464. Appeals.

(a) Hearing Procedures.

(1) Any applicant for, or a holder of, registration whose application has been

denied or a holder of registration whose registration has been denied

, suspended, or revoked may request a hearing to revi ew the action taken by sending a request in writing to the Executive Of ficer. A request for hearing shall include, at a minimum, the following:

(A) name of applicant or holder of registration; (B) registration number;42 (C) copy of the Executive Order revoking or suspen ding 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 requesti ng 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, o r revocation. (3) A hearing requested pursuant to this section s hall be heard by a qualified and impartial hearing officer appointed by the Exec utive 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 review ing 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 substan tial question of law or

fact. (4) Except as provided in (3) above, the hearing o fficer shall schedule and hold, as soon as practicable, a hearing at a time a nd place determined by the hearing officer. (5) Upon appointment, the hearing officer shall es tablish a hearing file. The file shall consist of the following:

(A) the determination issued by the Executive Offi cer which is the subject of the request for hearing; (B) the request for hearing and the supporting doc uments that are

submitted with it; (C) all documents relating to and relied upon in m aking 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 inspec tion by the applicant at the office of the hearing officer. (7) An applicant may appear in person or may be re presented 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 evide nce. (9) Technical rules of evidence shall not apply to the hearing, except that relevant evidence may be admitted and given probati ve effect only if it is the kind of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. No acti on shall be overturned based solely on hearsay evidence, unless the hearsa y evidence would be43 admissible in a court of law under a legally recogn ized exception to the hearsay rule. (10) The hearing shall be recorded either electron ically 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 reliab ility of documents, and qualifications of experts. The hearing offic er may also consider

relevant past conduct of the applicant including an y prior incidents involving other ARB programs. (12) The hearing officer’s written decision shall set f orth findings of fact and

conclusions of law as necessary. (11 13)Within 30 days of the conclusion of a hearing If a hearing is held , the hearing officer shall render 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 r elied on by the hearing officer, to the Executive Officer. within 30 working d ays from the last day of hearing. The hearing officer may do recommend to the Executive

Officer any of the following:

(A) uphold the denial, suspension, or revocation a ction as issued; (B) reduce a revocation to a suspension; (C) increase a suspension to a revocation if the r egistration holder's

conduct so warrants; and or (D) overturn a denial, suspension, or revocation i n its entirety. (12) The hearing officer shall consider the totality of the circumstance s of the denial, suspension, or revocation, including but no t limited to credibility of witnesses, authenticity and reliability of document s, and qualifications of experts. The hearing officer may also consider rel evant past conduct of the applicant inclu ding any prior incidents involving other ARB progra ms. (13) The hearing officer's written decision shall set fo rth findings of fact and conclusions of law as necessary. (14) The Executive Officer shall render a final written decision within 60 working days of the last day of hearing. The Execu tive Officer may do any of the following:

(A) adopt the hearing officer’s proposed decision; (B) modify the hearing officer’s proposed decision; o r (C) render a decision without regard to the hearing o fficer’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 wri tten submission.44

(2) In such case the requestor must submit a writte n explanation of the basis for the appeal and provide supporting documents wit hin 20 days of making the request. Subsequent to such a submission the f ollowing shall transpire:

(A) ARB staff shall submit a written response to t he requestor’s submission and documents in support of the Executiv e Officer's action no later than 10 days after receipt of reque stor’s submission; (B) The registration holder may submit one rebutta l 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 previou sly raised; and (D) the hearing officer shall be designated in the same manner as set forth in (a)(3) above. The hearing officer shall r eceive all

statements and documents and render submit a proposed written decision and such other documents as described in ( a) 13 above

. to the Executive Officer The hearing officer's decision shall be mailed to the requestor no later than 30 working days after the final deadline for submission of papers. The Executive O fficer’s final decision shall be mailed to the holder of registrat ion 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 Execu tive Officer may do any of the following:

(1) adopt the hearing officer’s proposed decision; (2) modify the hearing officer’s proposed decision; o r (3) render a decision without regard to the hearing o fficer’s proposed decision.

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 res ult in a nuisance, civil, and/or criminal penalties violations pursuant to the California Health and Safety Code. Each day during any portion of which a violation occurs is a separa te 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.