1



# Final Regulation Order

AIRBORNE TOXIC CONTROL MEASURE

FOR DIESEL PARTICULATE MATTER FROM

PORTABLE ENGINES RATED AT 50 HORSEPOWER AND

GREATER

Amend sections 93116.1, 93116.2, and 93116.3 Title 17, California Code of Regulations.

(Note: The amendments identified below are shown i n underline is used to indicate

additions and strikeout is used to indicate deletions from the regulation text.)

§ 93116.1 Applicability.

(a) Except as provided below, all portable engines having a maximum rated horsepower of 50 bhp and greater and fueled with di esel are subject to this regulation.

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

(1) Any engine used to propel mobile equipment or a motor vehicle of any

kind;

(2) Any portable engine using an alternative fuel;

(3) Dual-fuel diesel pilot engines that use an alte rnative fuel or an alternative diesel fuel;

(4) Tactical support equipment;

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

Nicolas Island;

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

and

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

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

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

Authority cited: Sections 39600, 39601, 39650, 3965 8, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Secti ons 39650, 39666, 41752 Health and Safety Code.

§ 93116.2 Definitions.

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

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

(b) (2) “ Alternative Fuel

” Alternative Fuel means gasoline, natural gas, propane, liquid petroleum gas (LPG), hydrogen, ethanol, or m ethanol.

(c) (3) “ Alternative Diesel Fuel ” Alternative Diesel Fuel means any fuel used in a compression ignition (CI) engine that is not, commo nly or commercially known, sold or represented by the supplier as diese l fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM Standard Spe cification for Diesel Fuel Oils D975-81, or an alternative fuel, and does not require engine or fuel system modifications for the engine to operate, alt hough minor modifications (e.g., recalibration of the engine fuel control) ma y enhance performance. An emission control strategy using a fuel additive wil l be treated as an alternative diesel fuel based strategy unless:

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

mechanism, or

(2) (B) the additive is directly mixed into the base fuel inside the fuel tank

of the engine, or

(3) (C) the additive and base fuel are not mixed until eng ine fueling

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

(d) (4) “ CARB Diesel Fuel ” CARB Diesel Fuel means any diesel fuel that is commonly or commercially known, sold, or represente d by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the spe cification for Diesel Fuel Oils D975-81, and that meets the specifications def ined in Title 13 CCR,

sections 2281, 2282, and 2284.3

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

(f) (6) “ Diesel Fuel

” Diesel Fuel means any fuel that is commonly or commercially known, sold, or represented by the supplier as dies el fuel, including any mixture of primarily liquid hydrocarbons—organic compounds con sisting exclusively of the elements carbon and hydrogen—that is sold or repres ented as suitable for use in an engine.

(g) (7) “ Diesel-Fueled

” Diesel

- Fueled means fueled by diesel fuel, or CARB diesel fuel, in whole or part.

(h) (8) “ Diesel Particulate Matter (PM) ” Diesel Particulate Matter (PM) means the particles found in the exhaust of diesel-fueled eng ines which may agglomerate and adsorb other species to form struct ures of complex physical and chemical properties.

(i) (9) “ District

” District means a District as defined in Health and Safety C ode

section 39025.

(j) (10) “ Dual-fuel Diesel Pilot Engine ” Dual

- fuel Diesel Pilot Engine means a dualfueled engine that uses diesel fuel as a pilot igni tion source at an annual average ratio of less than 5 parts diesel fuel to 100 parts total fuel on an energy equivalent

basis.

(k) (11) “ Emergency

” Emergency means providing electrical power or mechanical work during any of the following events and subject to the following conditions:

(1) (A) the failure or loss of all or part of normal electr ical power service or normal natural gas supply to the facility:

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

(2) 2. which is demonstrated by the owner or operator to the district APCO’s satisfaction to have been beyond the reasona ble control of the owner or operator;

(2) (B) the failure of a facility’s internal power distrib ution system:

(A) 1. which is caused by any reason other than the enfo rcement of a contractual obligation the owner or operator has wi th a third party or any other party; and4 (B) 2. which is demonstrated by the owner or operator to the district APCO’s satisfaction to have been beyond the reasona ble control of the

owner or operator;

(3) (C) the pumping of water or sewage to prevent or mit igate a flood or sewage overflow;

(4) (D) the pumping of water for fire suppression or protec tion;

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

(A) 1. pipe break; or

(B) 2. high demand on water supply system due to high us e of water for fire suppression;

(6) (F) the breakdown of electric-powered pumping equipme nt at sewage treatment facilities or water delivery facilities;

(7) (G) the training of personnel in the use of portable equipment for

emergency purposes.

(l) (12) _“ Emergency Event ” Emergency Event refers to a situation arising from a sudden and reasonably unforeseen natural disaster s uch as an earthquake, flood, fire, or other acts of God, or other unforeseen eve nt that requires the use of portable engines to help alleviate the threat to pu blic health and safety.

(m) (13) (“ Engine ” Engine means any piston-driven internal combustion engine

.

(n) (14) “ Engines Used Exclusively in Emergency Applications ” Engines Used Exclusively in Emergency Applications refer to engines that are used only during an emergency or emergency event, and include s appropriate maintenance and testing.

(o) (15) “ Executive Officer ” Executive Officer

means the Executive Officer of the California Air Resources Board (CARB) or his/her de signee.

(p) (16) “ Fleet

” Fleet refers to a portable engine or group of portable e ngines that are owned and managed by an individual operational entity, such as a business, business unit within a corporation, or in dividual city or state department under the control of a Responsible Offic ial. Engines that are5 owned by different business entities that are under the common control of only one Responsible Official shall be treated as a single fleet.

(q) (17) “ Fuel Additive ” Fuel Additive means any substance designed to be added to fuel or fuel systems or other engine-related sys tems such that it is present in-cylinder during combustion and has any of the fo llowing effects: decreased emissions, improved fuel economy, increased perform ance of the engine; or assists diesel emission control strategies in decre asing emissions, or improving fuel economy or increasing performance of the engine. Fuel additives used in conjunction with diesel fuel may be treated as an alternative

diesel fuel.

(r) (18) “ In-Use Engines ” In

- Use Engines refers to portable diesel-fueled engines operating under valid permits or registrations as o f December 31, 2005.

(s) (19) “ Level-3 Verified Technology ” Level

- 3 Verified Technology means a technology that has satisfied the requirements of t he “Verification Procedure for In-Use Strategies to Control Emissions from Die sel Engines” in Title 13, California Code of Regulations, commencing with sec tion 2700, and has demonstrated an reduction in diesel particulate mat ter of 85% or greater.

(t) (20) “ Location ” Location means any single site at a building, structure, fa cility,

or installation.

(u) (21) “ Low-Use Engines ” Low

- Use Engines refers to portable diesel-fueled engines that operate 80 hours or less in a calendar year.

(v) (22) “ Maximum Rated Horsepower (brake horsepower (bhp)) ” Maximum Rated Horsepower (b rake horsepower (bhp)) is the maximum brake horsepower rating specified by the portable engine manufacture r and listed on the nameplate of the portable engine.

(w) (23) “ Nonroad Engine ” Nonroad Engine means:

(1) (A) Except as discussed in paragraph (2) of this defin ition, a nonroad engine is any engine:

(A) 1. in or on a piece of equipment that is self-propel led 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) 2. in or on a piece of equipment that is intended to b e propelled while performing its function (such as lawnmowers and str ing trimmers);

or6 (C) 3. that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable o f being

carried or moved from one location to another. Ind icia of transportability include, but are not limited to, w heels, skids, carrying handles, dolly, trailer, or platform.

(2) (B) An engine is not a nonroad engine if:

(A) 1. the engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the federal Clean Air Act; or

(B) 2. the engine is regulated by a federal New Source Pe rformance Standard promulgated under section 111 of the feder al Clean Air

Act; or

(C) 3. the engine otherwise included in paragraph (1)(C) of this definition

remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine lo cated at a seasonal source. Any engine(s) that replace(s) an engine at a location and that is intended to perform the same o r similar function as the engine replaced will be included in calculat ing the consecutive time period. An engine located at a se asonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasona l source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at tha t single location approximately three (or more) months each year.

(x) (24) “ Off-Road Engine ” Off

- Road Engine means the same as nonroad engine.

(y) (25) “ Outer Continental Shelf (OCS )” Outer Continental Shelf (OCS) shall have the meaning provided by section 2 of the Outer Cont inental Shelf Lands Act (43 USC Section 1331 et seq.).

(z) (26) “ Participating Airlines ” Participating Airlines means the collective group of Individual Participating Airlines under the MOU, wh ich currently is as follows: ABX Air, Inc. (formerly Airborne Express), Alaska A irlines, America West Airlines, American Airlines, ATA Airlines (formerly American Trans Air), Continental Airlines, Delta Air Lines, Astar Air Ca rgo (formerly DHL Airways), Federal Express, Hawaiian Airlines, Jet Blue Airway s Corp., Midwest Airlines (formerly Midwest Express Airlines), Northwest Airl ines, Southwest Airlines, United Airlines, United Parcel Service, and US Airw ays. Participating Airlines does not mean the Air Transportation Association of America, Inc.7

(aa) (27) “ Permit

” Permit refers to a certificate issued by the Air Pollutio n Control Officer acknowledging expected compliance with the applicable requirements of the district’s rules and regulations.

(bb) (28) “ Portable ” Portable means designed and capable of being carried or moved from one location to another. Indicia of por tability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of this regulation, dredge engines on a bo at or barge are considered portable. The engine is not portable if :

(1) (A) the engine or its replacement is attached to a fou ndation, or if not

so attached, will reside at the same location for m ore than 12 consecutive months. The period during which the en gine is maintained at a storage facility shall be excluded from the residency time determination. Any engine, such as a back-up or stand-by engine, that replace engine(s) at a locati on, and is intended to perform the same or similar function as the engine(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all e ngine(s), including the time between the removal of the original engine (s) and installation of the replacement engine(s), will be counted toward the consecutive time period; or

(2) (B) the engine remains or will reside at a location fo r less than 12

consecutive months if the engine is located at a se asonal source and operates during the full annual operating perio d of the seasonal source, where a seasonal source is a stationary sou rce that remains in a single location on a permanent basis ( at least two years) and that operates at that single location at least three months each year; or

(3) (C) the engine is moved from one location to another i n an attempt to circumvent the portable residence time requirements

.

(cc) (29) “ Project

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

(dd) (30) “ Registration ” Registration refers to either:

(1) (A) a certificate issued by the Executive Officer ackn owledging

expected compliance with the applicable requirement s of the Statewide Portable Equipment Registration Program; or

(2) (B) a certificate issued by the Air Pollution Control Officer acknowledging expected compliance with the applicab le8 requirements of the district's Portable Equipment R egistration Program.

(ee) (31) “ Responsible Official ” Responsible Official refers to an individual employed by the company or public agency with the authority to certify that the portable engines under his/her jurisdiction com plies y with applicable requirements of this regulation. A company or publ ic agency may have more than one Responsible Official. A contracted design ee cannot certify compliance in lieu of the Responsible Official.

(ff) (32) “ Selective Catalytic Reduction (SCR) System ” Selective Catalytic Reduction (SCR) System refers to an air pollution emissions control syste m that reduces oxides of nitrogen (NOx) emissions thr ough the catalytic reduction of NOx by injecting nitrogen-containing c ompounds into the exhaust

stream, such as ammonia or urea.

(gg) (33) “ Stationary Source ” Stationary Source means any building, structure, facility or installation that emits any air contami nant directly or as a fugitive emission. Building, structure, facility, or instal lation includes all pollutant emitting activities which:

(1) (A) are under the same ownership or operation, or whic h are owned or

operated by entities which are under common control ; and

(2) (B) belong to the same industrial grouping either by v irtue of falling

within the same two-digit standard industrial class ification code or by virtue of being part of a common industrial proc ess, manufacturing process, or connected process involvi ng a common raw material; and

(3) (C) are located on one or more contiguous or adjacent properties.

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

(34) “ Stock Engine ” means a certified diesel-fueled engine that has n ever been placed in service and is part of a supply of engine s offered for sale, rent, or lease by a person or company who offers for sale, r ent, or lease engines and related equipment for profit.

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

(ii 36 ) “ Tactical Support Equipment (TSE) ” Tactical Support Equipment (T SE ) means equipment using a portable engine, including turbines, that meets9 military specifications, owned by the U.S. Departme nt of Defense and/or the U.S. military services or its allies, and used in c ombat, combat support, combat service support, tactical or relief operatio ns, or training for such operations. Examples include, but are not limited to, engines associated with portable generators, aircraft start carts, heaters and lighting carts.

(jj 37 ) “ Tier 4 Emission Standards ” Tier 4 Emission Standa rds refers to the final emission standards adopted by the U.S. EPA for newl y manufactured nonroad engines.

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

(ll 39 ) “ Verified Emission Control Strategy ” Verified Emission Control Strategy refers to an emission control strategy, designed primarily for the reduction of diesel PM emissions which has been verified pursuant to th e “Verification Procedure for In-Use Strategies to Control Emissions from Die sel Engines” in Title 13, California Code of Regulations, commencing with sec tion 2700, and incorporated by reference.

(mm 40 ) “ U.S. EPA ” U.S. EPA refers to the United States Environmental Protecti on

Agency.

Authority cited: Sections 39600, 39601, 39650, 3965 8, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Secti ons 39650, 39666, 41752 Health and Safety Code.

§ 93116.3 Requirements.

(a) Diesel-fueled portable engines shall only use o ne of the following fuels:

(1) CARB diesel fuel; or

(2) alternative diesel fuel that has been verified through the Verification Procedure for In-Use Strategies to Control Emission s from Diesel Engines; or

(3) CARB diesel fuel utilizing fuel additives that have been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines.

[Note that credit for diesel PM reductions for dies el fuel or CARB diesel

fuel blends that use an alternative diesel fuel suc h as biodiesel, FischerTropsch fuels, or emulsions of water in diesel fuel is available only for fuel blends that been verified through the Verifica tion Procedure for InUse Strategies to Control Emissions from Diesel Eng ines. The credit10 granted is based upon the verified level approved b y the Executive

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

(b) Diesel PM Standards

(1) Requirements for in-use portable diesel-fueled engines

(A) Except as provided in sections 93116.3(b)(1)(B) and 93116.3 (b)(4), starting January 1, 2010, all porta ble diesel-fueled engines shall be certified to meet a federal or Cal ifornia standard for newly manufactured nonroad engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulation s (that is, certified to Tier 1, 2 or 3 nonroad engine standards). 1

(B) In lieu of complying with (b)(1)(A), owners of portable diesel-fueled engines used exclusively in emergency applications or portable diesel-fueled engines that qualify as low-use engin es may commit to replacing these engines with Tier 4 engines, sub ject to the requirements below:

1. the Responsible Official shall submit written no tification identifying the specific portable diesel-fueled eng ines to be replaced with portable diesel-fueled engines certif ied to the

Tier 4 emission standards; and

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

emission standards.

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

(A) except as provided specified in 93116.3(b)(5), 93116.3(b)(6), and 93116.3(b)(7), and 93116.3(b)(8) and except as allowed under flexibility provisions for equipment and vehicle ma nufacturers and post-manufacture marinizers pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulations, the portable diesel-fueled

1 Tier 1, 2, 3, and 4 refer to nonroad engine emissi on standards promulgated by ARB and U.S. EPA for newly manufactured engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulation

. Each successive Tier represents more stringent emis sion standards and the requirements are phased-in over time with the Tier 1 engine standards becoming effective for some engines manufactured in 1996 and becoming effective for all engines by 2000. Ti er 2 engine standards are phased in for engines manufactured beginning in 2001 and becomes effectiv e for all engines by 2006. Similarly, Tier 3 engin es are phased in for engines manufactured beginning in 2006, and Tier 4 engines are phased in for engines manufactured beginning in 2011.11 engine shall meet the most stringent of the federal or California emission standard for nonroad engines; or

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

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

(3) Except as provided in section 93116.3(b)(1)(B), portable diesel-fueled engines used exclusively in emergency applications or qualifying as lowuse engines shall satisfy one of the following requ irements by January 1,

2020:

(A) the portable diesel-fueled engine is certified to Tier 4 emission standards for newly manufactured nonroad engines; or (B) the portable diesel-fueled engine is equipped w ith a properly functioning level-3 verified technology; or (C) the portable diesel-fueled engine is equipped w ith a combination of verified emission control strategies that have been verified together to achieve at least 85% redu ction in

diesel PM emissions.

(4) Lattice boom cranes

(A) A portable diesel-fueled engine used in a latti ce boom crane shall be exempt from the requirements of section 93116.3( b)(1)(A) if the Responsible Official has demonstrated to the satisf action of the Executive Officer or the APCO that the portable die sel-fueled engine in the lattice boom crane cannot be replaced with a portable diesel-fueled engine that is certified to meet a fe deral or California standard for newly manufactured nonroad engines pur suant to 40

CFR Part 89 or Title 13 of the California Code of R egulations (that is, certified to Tier 1, 2 or 3 nonroad engine stan dards). (B) Portable diesel-fueled engines exempt from the requirements of section 93116.3(b)(1)(A) pursuant to section 93116. 3(b)(4)(A) shall satisfy one of the following requirements by Januar y 1, 2020:

1. the portable diesel-fueled engine is certified t o Tier 4 emission standards for newly manufactured nonroad engines; or12 2. the portable diesel-fueled engine is equipped wi th a properly functioning level-3 verified technology; or

3. the portable diesel-fueled engine is equipped wi th a combination of verified emission control strategies that have been verified together to achieve at least 85% redu ction in

diesel PM emissions.

(5) Engines operated in California between March 4 1 , 2004 and October 1, 2006 may be permitted or registered by a district o r registered in the Statewide Portable Equipment Registration Program u ntil 12/31/09 if they meet an emission standard pursuant to 40 CFR P art 89 or Title 13 of the California Code of Regulations.

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

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

(7) An engine owner, operator, dealer, or distributor may permit or register

an stock engine not meeting the most stringent emission sta ndard providing the following are met:

(A) Verif i able information is provided to the satisfaction of the Executive Officer or District at the time of taking possessio n, the engine met the most stringent emission standard in effect prio r to the change for that horsepower range; and

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

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

standards.

(8) If the Exe cutive Officer or District finds, based on verifiab le information, that an owner had ordered or purchased, within six months prior to the

date of an emissions standard change s for that horsepower range, but

ha s not taken possession of, an engine meeting th e most stringent

emissions standard in effect at the time of order or purchase, the owner

or operator

will have up to six months after the date the new emissions standard for that engine became effective to submit an application to permit or register the e ngine.

(c) Fleet Requirements

(1) Each fleet is subject to and shall comply with the following weighted PM emission fleet averages expressed as grams per brak e horsepower-hour (g/bhp-hr) by the listed compliance dates:13

Fleet Standard Compliance Date Engines <175 hp (g/bhp-hr) Engines > 175 to

749 hp (g/bhp-hr) Engines > 750 hp

(g/bhp-hr)

1/1/13 0.3 0.15 0.25

1/1/17 0.18 0.08 0.08

1/1/20 0.04 0.02 0.02

(2) For the purposes of this regulation, the portab le diesel-fueled engines affected by the fleet provisions of this regulation include all portable diesel-fueled engines operated in California, inclu ding portable dieselfueled engines registered with the Statewide Portab le Equipment Registration Program or permitted by or registered with a district.

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

(A) portable diesel-fueled engines operated exclusi vely outside of California or operated only within the OCS.

(B) portable diesel-fueled engines used exclusively in emergency applications.

(C) portable diesel-fueled engines that qualify as low-use engines.

(D) portable diesel-fueled engines used in a lattic e boom crane.

(4) Portable diesel-fueled engines that qualify as low-use engines and subsequently exceed the allowed hours of operation in a calendar year, or portable diesel-fueled engines that are identifi ed to be used exclusively in emergency applications but subsequen tly are used in nonemergency applications, become immediately subject to the requirements of section 93116.3(c) in the year such exceedence or use occurs. For low-use engines, the hours of operatio n used for an emergency event shall not be counted toward the all owed hours of operation.

(5) Portable alternative-fueled engines may be incl uded in a fleet if the engine satisfies the requirements in section 93116. 3(d)(2)(B).

(6) Portable diesel-fueled portable engines equippe d with SCR systems.

(A) The diesel PM fleet emission standards in secti on 93116.3(c)(1) do not apply to:14 1. portable diesel-fueled engines equipped with pro perly operating SCR systems as of January 1, 2004; and

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

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

(C) For all diesel-fueled portable engines equipped with SCR systems, the following information shall be submitted to the Executive Officer to demonstrate that the SCR system is operating pro perly:

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

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

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

ii. diesel PM shall be measured with CARB testmethod 5 dated July 1997 or equivalent districtapproved test method. For the purposes of this requirement, only the probe catch and filter catch ("front half") is used to determine the emission rate, g/bhp-hr, and shall not include PM captured in the impinger catch or solvent extract; and

iii. ammonia slip shall be measured with Bay Area A ir Quality Management District Source Test Procedure ST-1B, Ammonia Integrated Sampling, dated January 1982, or other equivalent district approved test method.

b. the duration of the emission test shall be suffi cient to document the typical operation of the portable dies elfueled engine(s); and15 c. testing shall be performed at the frequency requ ired by the permit or registration. In no event shall the time between emission tests exceed three years.

(7) Beginning on January 1, 2013, the weighted aver age PM emission rate

for the fleet cannot exceed the fleet standard that is in effect. Changes in the fleet, including portable engine additions a nd deletions, shall not result in noncompliance with this standard.

(d) Fleet Average Calculations

(1) General Provisions

(A) The average PM emission factor for the fleet is determined by the following formula:

∑ Summation for each portable engine in the fleet (b hp x emission factor)

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

where:

bhp = maximum rated horsepower.

emission = diesel PM emission rate, as determined below:

factor

(B) The following diesel PM emission rates shall be used with the above formula to determine the weighted average fle et emission

rate:

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

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

3. for portable diesel-fueled engine(s) equipped wi th SCR system(s), results from valid emission tests.

(2) The following incentives may be used to revise the fleet average, as

outlined below:16 (A) Where equipment uses grid power for more than 2 00 hours in lieu of operating a portable diesel-fueled engine for a given project, the time period grid power is used may be used to r educe each affected engine's emission factor. The emission fa ctor for each affected portable engine will be reduced proportion ally by the percentage of time the equipment uses grid power. To receive credit for grid power in the fleet calculation, the recordkeeping and reporting requirements in section 93116.4(c)(3) sha ll be satisfied.

(B) Alternative-fueled portable engines

1. Alternative-fueled portable engines operating 10 0 or more hours may be included toward determining compliance with the applicable fleet emission standards. A diesel PM

emission rate of zero shall be used in the fleet ca lculations for these engines.

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

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

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

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

standards.

Authority cited: Sections 39600, 39601, 39650, 396 58, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Secti ons 39650, 39666, 41752, Health and Safety Code.17

§ 93116.3.1 Compliance Flexibility for Diesel PM Standards.

If the Executive Officer or D istrict finds, based on verifiable information from the engine manufacturer, distributor, or dealer, that c urrent model year engines meeting the current emission standards are not avai lable or not available in sufficient numbers or in a sufficient range of make s, models, and horsepower ratings, then the Executive Officer or the District may allow the sale, purchase, or installation of a new stock engine meeting the emis sion standards from the previous model year to meet the emission standards in sections 93116.3(b).

Authority cited: Sections 39600, 39601, 39650, 396 58, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Secti ons 39650, 39666, 41752, Health and Safety Code.