1

Final Regulation Order 

Regulation to Establish a Statewide Portable Equipment 

Registration Program 

Amend sections 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 2461, and 2462 Title 

13, California Code of Regulations to read as follows: 

(Note: Proposed amendments to the regulation are identified below. The originally 

proposed language is shown in underline is used to indicate proposed additions. 

Strikeout is used to show proposed deletions from the regulation text.)

Article 5. Portable Engine and Equipment Registration 

§ 2451. Applicability. 

(a) Registration under this regulation is voluntary for owners of portable 

engines or equipment units. 

(b) This regulation applies to portable engines and equipment units as defined 

in section 2452. Except as provided in paragraph (c) of this section, any 

portable engine or equipment unit may register under this regulation. 

Examples include, but are not limited to: 

(1) portable equipment units driven solely by portable engines including 

confined and unconfined abrasive blasting, Portland concrete batch 

plants, sand and gravel screening, rock crushing, and unheated 

pavement recycling and crushing operations; 

(2) consistent with section 209 (e) of the federal Clean Air Act, engines 

and associated equipment used in conjunction with the following 

types of portable operations: well drilling, service or work-over rigs; 

power generation, excluding cogeneration; pumps; compressors; 

diesel pile-driving hammers; welding; cranes; woodchippers; 

dredges; equipment necessary for the operation of portable 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 definition of portable 

as defined in section 2452 (dd) of this regulation;
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(3) any engines, equipment units, and its associated engines 

determined by the Executive Officer to qualify as part of a stationary 

source permitted by a district; 

(4) any engine or equipment unit subject to an applicable federal Maximum 

Achievable Control Technology standard, or National Emissions Standard 

for Hazardous Air Pollutants, or federal New Source Performance 

Standard, except for equipment units subject to 40 CFR Part 60 Subpart 

OOO (Standards of Performance for Nonmetallic Mineral Processing 

Plants); 

(5) any engine or equipment unit operating within the boundaries of the 

California Outer Continental Shelf (OCS). [Note: This shall not prevent 

statewide registration of portable engines and equipment units already 

permitted by a district for operation in the OCS. Such statewide registration 

shall only be valid for operation onshore and in State Territorial Waters 

(STW).]; 

(6) any dredging operation in the Santa Barbara Harbor; 

(7) any dredging unit owned by a single port authority, harbor district, or 

similar agency in control of a harbor, and operated only within the 

same harbor; 

(8) generators used for power production into the grid, except to maintain grid 

stability during an emergency event or other unforeseen event that affects 

grid stability; and 

(9) generators used to provide primary or supplemental power to a building, 

facility, stationary source, or stationary equipment, except during 

unforeseen interruptions of electrical power from the serving utility, 

maintenance and repair operations, electrical upgrade operations including 

startup, shutdown, and testing that do not exceed 60 calendar days, 

operations where the voltage, frequency, or electrical current requirements 

can only be supplied by a portable generator, or remote operations where 

grid power is unavailable. 

(d) The Owner of any 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 shall remain valid and operation may 

continue under this article until the district grants or denies a permit or a 

registration for the engine or equipment unit. 

(ed) In the event that the owner of an engine or equipment unit elects not to register under 

this program, the engine or equipment unit shall be subject to district permitting 

requirements pursuant to district regulations. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 
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§ 2452. Definitions. 

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

(1) “Air Contaminan tAir Contaminant” shall have the same meaning as setout in 

section 39013 of the Health and Safety Code. 

(b)(2) “ARB ARB” means the California Air Resources Board. 

(c)(3) “Certified Compression-Ignition Engine Certified Compression-Ignition Engine”

means an engine meeting the nonroad engine emission standards for 

compression-ignition engines, as set forth in Title 13 of the California Code of 

Regulations or 40 CFR Part 89 in effect at the time of application. 

(d)(4) “Certified Spark-Ignition Engine Certified Spark-Ignition Engine” means an 

engine meeting the nonroad engine emission standards for spark-ignition 

engines, as set forth in Title 13 of the California Code of Regulations or 40 CFR 

Part 1048 in effect at the time of application. 

(e)(5) “Compression-Ignition (CI) Engine Compression-Ignition (CI) Engine” means an 

internal combustion engine with operating characteristics significantly similar to 

the theoretical diesel 

combustion cycle. Compression-ignition engines usually control fuel supply 

instead of using a throttle to regulate power. 

(f)(6) “Corresponding Onshore District Corresponding Onshore District” means the 

district which has jurisdiction for the onshore area that is geographically closest 

to the engine or equipment unit. 

(g)(7) “District District” means an air pollution control district or air quality 

management district created or continued in existence pursuant to provisions 

of Part 3 (commencing with section 40000) of the California Health and Safety 

Code. 

(h)(8) “Electrical Upgrade Electrical Upgrade” means replacement or addition of electrical 

equipment and systems resulting in increased generation, transmission and/or 

distribution capacity. 

(i)(9) “Emergency Event Emergency Event” means any situation arising from sudden 

and reasonably unforeseen natural disaster such as earthquake, flood, fire, or 

other acts of God, or other unforeseen events beyond the control of the portable 

engine or equipment unit operator, its officers, employees, and contractors that 

threatens public health and safety and that requires the immediate temporary 

operation of portable engines or equipment units to help alleviate the threat to 

public health and safety. 
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(j)(10) “Engine Engine” means any piston driven internal combustion engine. 

(k)(11) “Equipment Unit Equipment Unit” means equipment that emits PM10 over 

and above that emitted from an associated engine. 

(l)(12)“Executive Officer Executive Officer” means the Executive Officer of the California 

Air Resources Board or his/her designee. 

 

(m)(13)“Hazardous Air Pollutant (HAP) Hazardous Air Pollutant (HAP)” means any air 

contaminant that is listed pursuant to section 112(b) of the federal Clean Air Act. 

(n)(14)“Home District Home District” means the district designated by the responsible 

official as the district in which the registered engine or equipment unit resides 

most of the time. For registered engines or equipment units based out of 

California, the responsible official shall designate the home district based on 

where the registered engine or equipment unit is likely to be operated a majority 

of the time the registered engine or equipment unit is in California. 

(o)(15)“Identical Replacement Identical Replacement ” means a substitution due to 

mechanical breakdown of a registered portable engine or equipment unit with 

another portable engine or equipment unit that has the same manufacturer, 

type, model number, manufacturer’s maximum rated capacity, and rated brake 

horsepower; and is intended to perform the same or similar function as the 

original portable engine or equipment unit; and has equal or lower emissions 

expressed as mass per unit time; and meets the emission control technology

requirements of sections 2455 through 2457 of this article. 

(p)(16)“In-field Inspection In-field Inspection” means an inspection that is conducted at 

the location that the portable engine or equipment unit is operated under 

normal load and conditions. 

 

(q)(17)“Location Location” means any single site at a building, structure, facility, or 

installation. 

(r)(18) “Maximum Achievable Control Technology (MACT) Maximum Achievable Control 

Technology (MACT)” means any federal requirement promulgated as part of 40 

CFR Parts 61 and 63. 

(s)(19) “Maximum Rated Capacity Maximum Rated Capacity” is the maximum 

throughput rating or volume capacity listed on the nameplate of the registered 

equipment unit as specified by the manufacturer. 

(t)(20) “Maximum Rated Horsepower (brake horsepower (bhp) Maximum Rated 

Horsepower (brake horsepower (bhp)” is the maximum brake horsepower rating 

specified by the registered engine manufacturer and listed on the nameplate of 

the registered engine. 
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(u)(21)“Mechanical Breakdown Mechanical Breakdown” means any failure of an 

engine’s electrical system or mechanical parts that necessitates the removal of 

the registered engine from service. 

(v)(22)“Modification Modification” means any physical change to, change in method 

of operation of, or an addition to a registered engine or equipment unit, which 

may cause or result in an increase in the amount of any air contaminant 

emitted or the issuance of air contaminants not previously emitted. Routine 

maintenance and/or repair shall not be considered a physical change. Unless 

previously limited by an enforceable registration condition, a change in the 

method of operation shall not include: 

(1)(A) an increase in the production rate, unless such increase will cause the 

maximum design capacity of the registered equipment unit to be 

exceeded; 

(2)(B) an increase in the hours of operation; 

(3)(C) a change of ownership; and 

(4)(D) the movement of a registered engine or equipment unit from one location 

to another. 

(w)(23)“New Nonroad Engine New Nonroad Engine” means a nonroad engine, the 

equitable or legal title to which has never been transferred to an ultimate 

purchaser. If the equitable or legal title to an engine is not transferred to an 

ultimate purchaser until after the engine is placed into service, then the engine 

will no longer be new after it is placed into service. A nonroad engine is placed 

into service when it is used for its functional purposes. The term “ultimate 

purchaser” means, with respect to a new nonroad engine, the first person who 

purchases a new nonroad engine for purposes other than resale. 

(x)(24)“New Source Performance Standard (NSPS) New Source Performance Standard 

(NSPS)” means any federal requirement promulgated as part of 40 CFR Part 60. 

(y)(25)“Non-field Inspection Non-field Inspection” means an inspection that is either 

conducted at a location that is mutually acceptable to the district and the owner 

or operator or where the engine or equipment unit is stored and does not require 

operation of the engine or equipment unit for purposes of the inspection.

(aa)(26) “Nonroad Engine Nonroad Engine” means: 

(1)(A) Except as discussed in paragraph (2) of this definition, a nonroad engine 

is any engine: 

(A)1. in or on a piece of equipment that is self-propelled or serves a dual 

purpose by both propelling itself and performing another function 
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(such as garden tractors, off-highway mobile cranes and 

bulldozers); or 

(B)2. in or on a piece of equipment that is intended to be propelled while 

performing its function (such as lawnmowers and string trimmers); 

or 

(A)3. that, by itself or in or on a piece of equipment, is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. Indicia of transportability 

include, but are not limited to, wheels, skids, carrying handles, 

dolly, trailer, or platform. 

(2) 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 Performance 

Standard promulgated under section 111 of the federal 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 

located at a seasonal source. Any engine (or engines) that 

replaces an engine at a location and that is intended to perform 

the same or similar function as the engine replaced will be 

included in calculating the consecutive time period. An engine 

located at a seasonal source is an engine that remains at a 

seasonal source during the full annual operating period of the 

seasonal source. A seasonal source is a stationary source that 

remains in a single location on a permanent basis (at least two 

years) and that operates at that single location approximately 

three (or more) months each year. 

(bb)(27)“Outer Continental Shelf (OCS) 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)(28) “Placard Placard” means a visible indicator supplied by the Air Resources 

Board to indicate that an engine or equipment has been registered in the 

Portable Equipment Registration Program and is in addition to the registration 

identification device.

(dd)(29) “Portable Portable” means designed and capable of being carried or moved 

from one location to another. Indicia of portability include, but are not limited to, 

wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of 
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this regulation, dredge engines on a boat or barge are considered portable. The 

engine or equipment unit is not portable if any of the following are true: 

(1) the engine or equipment unit or its replacement is attached to a 

foundation, or if not so attached, will reside at the same location for more 

than 12 consecutive months. The period during which the engine or 

equipment unit is maintained at a storage facility shall be excluded from 

the residency time determination. Any engine or equipment unit such as 

back-up or stand-by engines or equipment units, that replace engine(s) or 

equipment unit(s) at a location, and is intended to perform the same or 

similar function as the engine(s) or equipment unit(s) being replaced, will 

be included in calculating the consecutive time period. In that case, the 

cumulative time of all engine(s) or equipment unit(s), including the time 

between the removal of the original engine(s) or equipment unit(s) and 

installation of the replacement engine(s) or equipment unit(s), will be 

counted toward the consecutive time period; or 

(2) the engine or equipment unit remains or will reside at a location for less 

than 12 consecutive months if the engine or equipment unit is located at a 

seasonal source and operates during the full annual operating period of 

the seasonal source, where a seasonal source is a stationary source that 

remains in a single location on a permanent basis (at least two years) and 

that operates at that single location at least three months each year; or 

(3) the engine or equipment unit is moved from one location to another in an 

attempt to circumvent the portable residence time requirements. 

(ee)(30)“Prevention of Significant Deterioration (PSD) Prevention of Significant 

Deterioration (PSD)” means any federal requirements contained in or 

promulgated pursuant to Part C of the federal Clean Air Act. 

(ff)(31)“Process Process” means any air-contaminant-emitting activity associated with 

the operation of a registered engine or equipment unit. 

(gg)(32) “Project, for the purposes of onshore operation, Project, for the purposes of 

onshore operation,” means the use of one or more registered engines or

equipment units operated under the same or common ownership or control to 

perform a single activity. 

(hh)(33) “Project, for the purposes of State Territorial Waters (STW), Project, for the 

purposes of State Territorial Waters (STW),” means the use of one or more 

registered engines and equipment units operating under the same or common 

ownership or control to perform any and all activities needed to fulfill specified 

contract work that is performed in STW. For the purposes of this definition, a 

contract means verbal or written commitments covering all operations necessary 

to complete construction, exploration, maintenance, or other work. Multiple or 

consecutive contracts may be considered one project if they are intended to 

perform activities in the same general area, the same parties are involved in the 
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contracts, or the time period specified in the contracts is determined by the 

Executive Officer to be sequential. 

(ii)(34)“Provider of Essential Public Service (PEPS) Provider of Essential Public Service 

(PEPS)” means any privately-owned corporation or public agency that owns, 

operates, controls, or manages a line, plant, or system for the transportation of 

people or property, the transmission of telephone or telegraph messages, or the 

production, generation, transmission or furnishing of heat, light, water, power, or 

sanitation directly or indirectly to the public. 

(jj)(35) “Registration Registration” means issuance of a certificate by the Executive 

Officer acknowledging expected compliance with the applicable requirements of 

this article, and the intent by the owner or operator to operate the engine or 

equipment unit within the requirements established by this article. 

(kk)(36)“Rental Business Rental Business” means a business in which the principal use 

of its engines or equipment units is the rentings or leasinges for profit of,

registered engines or equipment units. 

(ll)(37) “Renter Renter” means a person who rents and/or operates registered engines or 

equipment units not owned by that person. 

(mm)(38) “Resident Engine Resident Engine ” means either of the following: 

(1)(A) a portable engine that at the time of applying for registration, has a 

current, valid district permit or registration that was issued prior to January 

1, 2006, or an engine that lost a permit to operate exemption through a 

formal district action. Moving an engine from a district that provides a 

permit to operate exemption to a district that requires a permit to operate 

or registration does not qualify for consideration as a resident engine; or 

(2)(B) a certified compression-ignition engine that operated in California at any 

time between March 1, 2004 and October 1, 2006. The responsible 

official shall provide sufficient documentation to prove the engine’s 

residency to the satisfaction of the Executive Officer. Examples of 

adequate documentation include but are not limited to: tax records, 

purchase records, maintenance records, or usage records. 

An engine permitted or registered by a district pursuant to Title 17 of the 

California Code of Regulations Section 93116.3(b)(6) is not a resident engine. 

(nn)(39) “Responsible Official Responsible Official” refers to an individual employed by

the company or public agency with the authority to certify that the registered 

engines or equipment units under his/her jurisdiction comply with applicable 

requirements of this regulation. A company or public agency may have more 

than one Responsible Official.
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(oo)(40) “Spark-Ignition (SI) Engine Spark-Ignition (SI) Engine” means an internal 

combustion engine with a spark plug (or other sparking device) with operating 

characteristics significantly similar to the theoretical Otto combustion cycle. 

Spark-ignition engines usually use a throttle instead of using fuel supply to 

control intake air flow to regulate power. 

(pp)(41) “State Territorial Waters (STW) State Territorial Waters (STW)” includes all of 

the following: an expanse of water that extends from the California coastline to 3 

miles off-shore; a 3 mile wide belt around islands; and estuaries, rivers, and other 

inland waterways. 

(qq)(42) “Statewide Registration Program Statewide Registration Program” means the 

program for registration of portable engines and equipment units set out in this 

article. 

(rr)(43) “Stationary Source Stationary Source” means any building, structure, facility or 

installation which emits any air contaminant directly or as a fugitive emission. 

“Building,” “structure,” “facility,” or “installation” includes all pollutant emitting 

activities which: 

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

operated by entities which are under common control; 

(2)(B) belong to the same industrial grouping either by virtue of falling within the 

same two-digit standard industrial classification code or by virtue of being 

part of a common industrial process, manufacturing process, or connected 

process involving a common raw material; and 

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

[Note: For the purposes of this regulation a stationary source and nonroad engine are 

mutually exclusive.] 

(ss)(44) “Storage Storage” means a warehouse, enclosed yard, or other area 

established for the primary purpose of maintaining registered engines or 

equipment units when not in operation. 

(tt)(45) “Tactical Support Equipment (TSE) Tactical Support Equipment (TSE)” means 

equipment using a portable engine, including turbines, that meets military 

specifications, owned by the U.S. Department of Defense, the U.S. military 

services, or its allies, and used in combat, combat support, combat service 

support, tactical or relief operations, or training for such operations. Examples 

include, but are not limited to, internal combustion engines associated with 

portable generators, aircraft start carts, heaters and lighting carts. 

(uu)(46) “Third-party Rental Third-party Rental” means a non-rental business renting or 

leasing registered engines and/or equipment units to another party by written 

agreement. 
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(vv)(47) “Tier 1 Engine Tier 1 Engine” means a certified compression-ignition engine 

according to the horsepower and model year as follows: 

≥50 bhp and <100 bhp; 1998 through 2003 

≥100 bhp and <175 bhp; 1997 through 2002 

≥175 bhp and <300 bhp; 1996 through 2002 

≥300 bhp and <600 bhp; 1996 through 2000 

≥600 bhp and ≤750 bhp; 1996 through 2001 

>750 bhp; 2000 through 2005. 

(ww)(48) “Tier 2 Engine Tier 2 Engine” means a certified compression-ignition engine 

according to the horsepower and model year as follows: 

≥50 bhp and <100 bhp; 2004 through 2007 

≥100 bhp and <175 bhp; 2003 through 2006 

≥175 bhp and <300 bhp; 2003 through 2005 

≥300 bhp and <600 bhp; 2001 through 2005 

≥600 bhp and ≤750 bhp; 2002 through 2005 

>750 bhp; 2006 through 2010. 

 

(xx 49) “Transportable Transportable” means the same as portable. 

(yy 50) “U.S. EPA U.S. EPA” means the United States Environmental Protection Agency. 

(zz 51) “Vendor Vendor” means a seller or supplier of portable engines or equipment units 

for use in California. 

(aaa52) “Volatile Organic Compound (VOC) Volatile Organic Compound (VOC)” means 

any compound containing at least one atom of carbon except for the following 

exempt compounds: acetone, ethane, parachlorobenzotrifluoride (1-chloro-4-

trifluoromethyl benzene), methane, carbon monoxide, carbon dioxide, carbonic 

acid, metallic carbides or carbonates, ammonium carbonates, methylene chloride 

(dichloromethane), methyl chloroform (1,1,1-trichloroethane), CFC-113 

(trichlorotrifluoroethane), CFC-11 (trichlorofluoromethane), CFC-12 

(dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), CFC-23 

(trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 

(chloropentafluoroethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a 

(tetrafluoroethane), HCFC-141b (dichlorofluoroethane), HCFC-142b 

(chlorodifluoroethane), HCFC-124 (chlorotetrafluoroethane), HFC-23 

(trifluoromethane), HFC-134 (tetrafluoroethane), HFC-125 (pentafluoroethane), 

HFC-143a (trifluoroethane), HFC-152a (difluoroethane), cyclic, branched, or 

linear completely methylated siloxanes, the following classes of 

perfluorocarbons: 

(1)(A) cyclic, branched, or linear, completely fluorinated alkanes; 

(2)(B) cyclic, branched, or linear, completely fluorinated ethers with no 

unsaturations; 
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(3)(C) cyclic, branched, or linear, completely fluorinated tertiary amines with no 

unsaturations; and 

(4)(D) sulfur-containing perfluorocarbons with no unsaturations and with the 

sulfur bonds to carbon and fluorine, acetone, ethane, and 

parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene). 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2453. Application Process. 

(a) In order for an engine or equipment unit to be considered for registration by the 

Executive Officer, the engine or equipment unit must be portable as defined in 

section 2452 (dd) and meet all applicable requirements established in this article. 

(b) For purposes of registration under this article, an engine and the equipment unit it 

serves are considered to be separate emissions units and require separate 

applications. 

(c) For an identical replacement, an owner or operator of a registered portable 

engine or equipment unit is not required to complete a new application and may 

immediately operate the identical replacement. Except for TSE, the owner or 

operator shall notify the Executive Officer in writing within five calendar days of 

replacing the registered engine or equipment unit with an identical replacement. 

Notification shall include company name, responsible official, phone number, 

registration certificate number of the engine or equipment unit to be replaced; 

and make, model, rated brake horsepower, serial number of the identical 

replacement, description of the mechanical breakdown; and applicable fees as 

required in section 2461. Misrepresentation of engine or equipment unit 

information or the failure to meet the requirements of this regulation shall be 

deemed a violation of this article. 

(d) The Executive Officer shall inform the applicant, in writing, if the application is 

complete or deficient, within 30 days of receipt of an application. If deemed 

deficient, the Executive Officer shall identify the specific information required to 

make the application complete. 

(e) The Executive Officer shall issue or deny registration within 90 days of receipt of 

a complete application. 

(f) Upon finding that an engine or equipment unit meets the requirements of this 

article, the Executive Officer shall issue a registration for the engine or equipment 

unit. The Executive Officer shall notify the applicant in writing that the engine or 

equipment unit has been registered. The notification shall include a registration 
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certificate, any conditions to ensure compliance with State and federal 

requirements, and a registration identification device for each engine or 

equipment unit registered pursuant to this regulation. Except for TSE, the 

registration identification device shall be affixed on the engine or equipment unit 

at all times, and the registration certificate including operating conditions shall be 

kept on the immediate premises with the engine or equipment at all times and 

made accessible to the Executive Officer or district upon request. Failure to 

properly maintain the registration identification device shall be deemed a violation 

of this article. 

(g) Except for TSE, each application for registration and the appropriate fee(s) as 

specified in section 2461, shall be submitted in a format approved by the 

Executive Officer and include, at a minimum, the following information: 

(1) indication of general nature of business (e.g., rental business, etc.); 

(2) the name of applicant, including mailing address and telephone number; 

(3) a brief description of typical engine or equipment-unit use; 

(4) detailed description, including engine or equipment-unit make, model, 

manufacture year (for portable engines only), rated brake horsepower, 

throughput, capacity, emission control equipment, and serial number; 

(5) necessary engineering data, emissions test data, or manufacturer’s 

emissions data to demonstrate compliance with the requirements as 

specified in sections 2455, 2456, and 2457; 

(6) for resident engines, a copy of either a current permit to operate that was 

granted by a district, or documentation as described in section 2452 (mm)

(38); and 

(7) the printed name and signature of the responsible official and date of the 

signature. 

(h) For TSE, application for registration and the appropriate fee(s) as specified in 

section 2461, shall be submitted in a format approved by the Executive Officer 

and include, at a minimum, the following information: 

(1) the name of applicant, including mailing address and telephone number; 

(2) a brief description of typical engine or equipment-unit use; 

(3) engine or equipment-unit description, including type and rated brake 

horsepower; and 

(4) the printed name and signature of the responsible official and date of the 

signature. 

(i) All registered engines and equipment units shall have a designated home district 

as defined in section 2452 (n) according to the following: 

(1) Owners holding valid registration(s) prior to the effective date shall 

designate in writing to the Executive Officer a home district within 90 days 

of the effective date of this regulation. The Executive Officer shall 
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designate the home district for any and all registered engines and 

equipment units for existing registration program participants that fail to 

designate a home district; 

(2) a home district shall be designated on each application for initial 

registration of an engine or equipment unit; and 

(3) except for registered engines or equipment units owned by a rental 

business or involved in a third part rental, if the engine or equipment unit, 

based on averaging of annual operation in each district from the three 

annual reports submitted during the 3 year registration cycle, operated the 

largest percentage of the time in a district other than the designated home 

district, the owner shall change the home district designation at the time of 

renewal. The change is not required if the difference between the home 

district operation percentage and the district with the largest operating 

percentage is 5 percent or less. 

(j) Engines or equipment units owned and operated for the primary purpose of 

rental by a rental business shall be identified as rental at the time of application 

for registration and shall be issued a registration specific to the rental business 

requirements of this article. Misrepresentation of portable engine or equipment 

unit use in an attempt to qualify under the rental business definition shall be 

deemed a violation of this article. 

(k) New applications for non-operational engines or equipment units will not be 

accepted by the Executive Officer. 

(l) Once registration is issued by the Executive Officer, district permits or 

registrations for engines or equipment units registered in the Statewide 

Registration Program are preempted by the statewide registration and are, 

therefore, considered null and void, except for the following circumstances where 

a district permit shall be required: 

(1) engines or equipment units used in a project(s) operating in the OCS. The 

requirements of the district permit or registration apply to the registered 

engine or equipment unit while operating at the project(s) in the OCS; or 

(2) engines or equipment units used in a project(s) operating in both the OCS 

and STW. The requirements of the district permit or registration apply to 

the registered engine or equipment unit while operating at the project(s) in 

the OCS and STW; or 

(3) at STW project(s) that trigger district emission offset thresholds; or 

(4) at any specific location where statewide registration is not valid. The 

owner of the engine or equipment unit shall obtain a district permit or 

registration for the location(s) where the statewide registration is not valid; 

or 

(5) at any location where an engine or equipment unit that has been 

determined to cause a public nuisance as defined in Health and Safety 

Code Section 41700. 
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Under no circumstances shall a portable engine or equipment unit be operated 

under both statewide registration and a district permit at any specific location. 

Where both a district permit for operation at a specific location and statewide 

registration have been issued for an engine or equipment unit, the terms of the 

district permit shall take precedence at that location. 

(m) When ownership of a registered engine or equipment unit changes, the new 

owner shall submit a change of ownership application. This application shall be 

filed within 30 days of the change of ownership. During the 30 day period the 

new owner is authorized to operate the registered engine or equipment unit. If 

an application is not received within 30 days, the engine or equipment unit may 

not operate and the existing registration is not valid for the new owner until the 

application has been filed and all applicable fees have been paid. Registration 

will be reissued to the new owner after a complete application has been 

approved by the Executive Officer. 

(n) Except for TSE, a placard shall be required for every engine or equipment unit 

registered in the Statewide Registration Program. The placard shall be affixed 

on the registered engine or equipment unit at all times so that it may be easily 

viewed from a distance. Placards shall be purchased at the time of the first 

renewal or at the time of initial registration, which ever occurs first. Failure to 

properly maintain the placard shall be deemed a violation of this article. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2455. General Requirements. 

(a) The emissions from engines or equipment units registered under this article shall 

not, in the aggregate, interfere with the attainment or maintenance of any 

California or federal ambient air quality standards. The emissions from one or 

more registered engines or equipment units, exclusive of background 

concentration, shall not cause an exceedance of any ambient air quality 

standard. This paragraph shall not be construed as requiring operators of 

registered engines or equipment units to provide emission offsets for engines or 

equipment units registered under this article. 

(b) Engines or equipment units registered under this article shall comply with article 

1, chapter 3, part 4, division 26 of the California Health and Safety Code, 

commencing with section 41700. 

(c) Except for engines or equipment units permitted or registered by a district in 

which an emergency event occurs, an engine or equipment unit operated during 

an emergency event as defined in section 2452 (i) of this article, is considered 
15

registered under the requirements of this article for the duration of the emergency 

event and is exempt from sections 2455, 2456, 2457, 2458, and 2459 of this 

article for the duration of the emergency event provided the owner or operator 

notifies the Executive Officer within 24 hours of commencing operation. The 

Executive Officer may for good cause refute that an emergency event under this 

provision exists. If the Executive Officer deems that an emergency event does 

not exist, all operation of engines and equipment units covered by this provision 

shall cease operation immediately upon notification by the Executive Officer. 

Misrepresentation of an emergency event and failure to cease operation under 

notice of the Executive Officer shall be deemed a violation of this article. 

(d) For the purposes of registration under this article, the owner or operator of a 

registered equipment unit must notify the U.S. EPA and comply with 40 CFR 

52.21 if: 

(1) the registered equipment unit operates at a major stationary source under 

40 CFR 51.166 or 52.21, and 

(A) the major stationary source is located within 10 kilometers of a 

Class I area; or 

 (B) the registered equipment unit, operating in conjunction with other 

registered equipment units, operates at the major stationary source 

and its operation would be defined as a major modification to the 

stationary source under 40 CFR 51.166 or 52.21; or 

 (2) the registered equipment unit, operating in conjunction with other 

registered equipment units, would be defined as a major stationary 

source, as defined under 40 CFR 51.166 or 52.21. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2456. Engine Requirements. 

(a) For TSE, no air contaminant shall be discharged into the atmosphere, other than 

uncombined water vapor, for a period or periods aggregating more than three 

minutes in any one hour which is as dark or darker in shade as that designated 

as No. 2 on the Ringelmann Chart, as published by the United States Bureau of 

Mines, or of such opacity as to obscure an observer’s view to a degree equal to 

or greater than does smoke designated as No. 2 on the Ringelmann Chart. No 

other requirements of this section are applicable to TSE. 

(b) Registered diesel pile-driving hammers shall comply with the applicable 

provisions of section 41701.5 of the California Health and Safety Code and are 

otherwise exempt from further requirements of this section. 
16

(c) To be registered in the Statewide Registration Program, a registered engine 

rated less than 50 brake horsepower shall be a certified compression-ignition 

engine or a certified spark-ignition engine, unless no emission standards exist for 

that brake horsepower and year of manufacture. In that event, the engine shall 

comply with the applicable daily and annual emission limits contained in section 

2456 (d)(6) of this article. No other requirements of this section are applicable to 

portable engines rated less than 50 brake horsepower. 

(d) After January 1, 2006, engines rated equal to, or greater than 50 bhp registered 

under this article shall: 

(1) be certified compression-ignition engines or certified spark-ignition 

engines that meet the most stringent emissions standard in effect for the 

applicable horsepower range at the time the application is submitted by 

the responsible official. Spark-ignition engines that are not certified sparkignition engines may be registered if they meet the emission standards in 

Table 1. Subsection (d)(1) does not apply to certified compression-ignition 

engines built under the flexibility provisions listed in 40 CFR part 89.102, 

engines that are resident engines, changes of ownership, or engines that 

meet the requirements of Title 17 of the California Code of Regulations 

sections 93116.3(b)(7), 93116.3(b)(8), or 93116.3.1. 

(2) meet all applicable requirements in Title 17 of the California Code of 

Regulations commencing with section 93116; 

(3) use only fuels meeting the standards for California 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 Verification Procedure for InUse Strategies to Control Emissions from Diesel Engines; 

(4) not exceed particulate matter emissions concentration of 0.1 grain per 

standard dry cubic feet corrected to 12 percent CO2. This provision does 

not apply to certified compression-ignition engines, certified spark-ignition 

engines, or any spark-ignition engine meeting Table 1 requirements; 

(5) not discharge air contaminants into the atmosphere for a period or periods 

aggregating more than three minutes in any one hour which is as dark as 

or darker than Ringelmann 1 or equivalent 20 percent opacity; and 

(6) not exceed the following emission limits: 

(A) 550 pounds per day per engine of carbon monoxide (CO); 

(B) 150 pounds per day per engine of particulate matter less than 10 

microns (PM10); 

(C) for registered engines operating onshore, 10 tons for each pollutant 

per district per year per engine for NOx, SOx, VOC, PM10, and CO 

in nonattainment areas; and 

(D) for registered engines operating within STW: 
17

(1)1. the offset requirements of the corresponding onshore district 

apply. Authorization from the corresponding onshore district 

is required prior to operating within STW. If authorization is 

in the form of a current district permit, the terms and 

conditions of the district permit supersede the requirements 

of the statewide registration for the project, except that the 

most stringent of the technology and emission concentration 

limits required by the district permit or statewide registration 

are applicable. If the registered engine does not have a 

current district permit, the terms and conditions of the 

statewide registration apply, and the corresponding onshore 

district may require offsets pursuant to district rules and 

regulations. The requirement for district offsets shall not 

apply to the owner or operator of an engine(s) registered in 

the statewide registration program when the engine(s) is 

operated at a stationary source permitted by the district; and 

(2)2. the corresponding onshore district may perform an ambient 

air quality impact analysis (AQIA) for the proposed project 

prior to granting authorization. The owner or operator of 

engine(s) registered in the statewide registration program 

shall be required, at the request of the district, to submit any 

information deemed by the district to be necessary for 

performing the AQIA. Statewide registration shall not be 

valid at any location where the AQIA demonstrates a

potential violation of an ambient air quality standard. 

(E) for registered engines operating in the South Coast Air Quality 

Management District (SCAQMD), 100 pounds nitrogen oxides 

(NOx) per project per day [An owner may substitute SCAQMD 

permit or registration limits in effect on or before September 17, 

1997 (optional)]; 

(F) 100 pounds NOx per registered engine per day, except in 

SCAQMD where the limit is 100 pounds NOx per project per day. 

 

(7) In lieu of (6)(E) and (6)(F) above, operation of a registered new nonroad 

engine rated at 750 brake horsepower or greater for which a federal or 

California standard pursuant to 40 CFR Part 89 or Title 13 of the California 

Code of Regulations has not yet become effective, shall not exceed 12 

hours per day. 

(8) For registered engines that operate in both STW and onshore, the 10 tons 

per district per year per engine limit in (6)(C) above shall only apply 

onshore. 

(9) For certified compression-ignition engines, certified spark-ignition engines, 

or any spark-ignition engine meeting Table 1 requirements, the daily and 

annual emission limitations in section 6 above shall not apply. 
18

(10) Eeffective January 1, 2010, all registered spark-ignition engines rated at 

50 brake horsepower or greater shall be certified spark-ignition engines or 

shall meet Table 1 requirements. For those spark ignition engines that are 

not certified spark-ignition engines or do not meet Table 1 requirements, 

the registration shall expire on December 31, 2009 and the engine will not 

be allowed to operate under the authority of this regulation. 

 

(e) All registered engines shall be equipped with a functioning non-resettable hour 

meter, fuel meter or other operation tracking device approved by the Executive 

Officer. Engines registered prior to the effective date of this regulation, that are 

not equipped with a functional non-resettable hour meter, fuel meter or other 

operation tracking device shall install one and notify ARB in writing within 6 

months of the effective date of this regulation. 

(f) Registered TSE is exempt from district New Source Review and Title V 

programs, including any offset requirements. Further, emissions from registered 

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

determinations. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

Table 1 Spark-ignition Engine Requirements* 

Pollutant Emission Limits 

NOx** VOC** CO**

80 ppmdv NOx 

(1.5 g/bhp-hr) 

240 ppmdv VOC 

(1.5 g/bhp-hr) 

176 ppmdv CO 

(2.0 g/bhp-hr)

* These requirements are in addition to requirements of section 2455 and 2456. 

** For the purpose of compliance with this article, ppmdv is parts per million @ 15 percent oxygen averaged 

over 15 consecutive minutes. Limits of ppmdv are the approximate equivalent to the stated grams per 

brake horsepower hour limit based on assuming the engine is 24.2 percent efficient. 

§ 2458. Recordkeeping and Reporting. 

(a) Except for registered engines owned by a rental business, used in a third-party 

rental, operated by a PEPS, or TSE, the owner of registered engines, including 

engines otherwise preempted under section 209 (e) of the federal Clean Air Act, 

or registered equipment units shall maintain records of operation of each 

registered engine and equipment unit. Recordkeeping for engines not previously 

required to maintain records shall begin upon the effective date of the regulation 

or January 1, 2007, which ever is later. For engines not previously required to 
19

have an hour meter, fuel meter or other device approved by the Executive 

Officer, the owner or operator shall record hours of operation until the hour 

meter, fuel meter or other device approved by the Executive Officer has been 

installed. The records shall be maintained at a central place of business for five 

years, and made accessible to the Executive Officer or districts upon request. 

Records shall be maintained in a format approved by the Executive Officer and 

include, at a minimum, all of the following: 

(1) engine or equipment unit registration number; 

(2) recordings from an hour meter, fuel meter, or other device approved by 

the Executive Officer, and the corresponding dates of the recordings for 

each registered engine or equipment unit based on the following: 

(A) for each project as defined in 2452 (gg) or (hh), readings shall be 

recorded prior to the commencement of operation and at the 

completion of the project; or 

(B) for ongoing operation of a registered engine or equipment unit at 

multiple locations within a stationary source, readings shall be 

recorded at the beginning and end of each calendar week; or 

(C) for each location, readings shall be recorded prior to 

commencement of operation and upon completion of operation at 

that location. 

(3) For registered engines and equipment units subject to a daily operational 

limitation, daily records of either hours of operation, fuel usage, or process 

throughput as applicable. 

(4) For equipment units subject to the requirements of section 2457(b)(3), 

daily throughput shall be the sum of measurements of material introduced 

into the equipment unit. These measurements shall be taken at the initial 

loading point(s) of the equipment unit. 

(5) recordings from an hour meter, fuel meter, or other device approved by 

the Executive Officer and the corresponding dates of the recordings any 

time an engine or equipment unit is undergoing service, repair, or 

maintenance; and 

(6) for each start and stop reading specified in (2) and (3) above, the location 

identified by district, county, or other indicator (i.e., street address, UTM 

coordinates, etc.) 

(b) A rental business or the owner of a registered engine or equipment unit involved 

in a third party rental, shall maintain records for each rental or lease transaction. 

The written rental or lease agreement shall be kept onsite with the registered 

engine or equipment unit at all times. Recordkeeping for registered engines not 

previously required to maintain records shall begin upon the effective date of the 

regulation or January 1, 2007, which ever is later. For registered engines not 

previously required to have an hour meter, fuel meter or other device approved 

by the Executive Officer, the owner or operator shall record hours of operation 
20

until the hour meter, fuel meter or other device approved by the Executive Officer 

has been installed. The owner shall provide each person who rents a registered 

engine or equipment unit with a written copy of applicable requirements of this 

article, including recordkeeping and notification requirements, as a part of the 

agreement. The records, including written acknowledgment by each renter of the 

registered engine or equipment unit of having received the above information, 

shall be maintained by the rental business or the owner of the registered engine 

or equipment unit involved in a third-party rental at a central location for five 

years, and made accessible to the Executive Officer or districts upon request. 

Records shall be maintained in a format approved by the Executive Officer and 

include, at a minimum, for each rental engine all of the following: 

(1) registered engine registration number; 

(2) dates for the start and end of the rental transaction; 

(3) hours of operation for each rental period including the hour meter reading 

at the start of the rental transaction and the hour meter reading at the end 

of the rental transaction; and 

(4) location of use (by district, county or other indicator (i.e., street address, 

UTM coordinates, etc.)). 

(c) For TSE, each military installation shall provide the Executive Officer an annual 

report, in a format approved by the Executive Officer, within 60 days after the end 

of each calendar year. The report shall include the number, type, and rating of 

registered TSE at each installation as of December 31 of that calendar year, and 

be accompanied by the applicable fees pursuant to section 2461. Any variation 

of registered TSE to actual TSE shall be accounted for in this annual report, and 

the Executive Officer shall issue an updated TSE list accordingly. A renewal 

registration will be issued with the updated TSE list every three years according 

to expiration date. 

 (d) For each registered engine subject to the requirements of Title 17 California 

Code of Regulations section 93116, the owner shall keep records and submit 

reports in accordance with Title 17 California Code of Regulations section 

93116.4. 

(e) Except for registered engines or equipment units owned 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 the Executive Officer an annual 

report signed by the responsible official, in a format approved by the Executive 

Officer, by March 1 of each calendar year containing all of the following 

information: 

(1) the reporting year; 

(2) the registration number of each registered engine and/or equipment unit; 
21

(3) for registered engines, quarterly summaries for each district or county the 

total fuel usage in gallons per quarter, or total hours of operation per 

quarter, for each registered engine; and 

(4) for registered equipment units, quarterly summaries for each district or 

county in which the registered equipment unit was operated and the total 

process weight or throughput. 

(f) The owner of a registered engine or equipment unit owned by a rental business 

or used in a third-party rental transaction shall provide the Executive Officer an 

annual report signed by the responsible official, in a format approved by the 

Executive Officer, by March 1 of each calendar year containing all of the 

following information: 

 (1) the reporting year; 

 (2) the registration number of each registered engine and/or equipment unit; 

(3) total hours of operation for the reporting year for each registered engine 

based on, and including, beginning and ending annual hour meter 

readings and dates upon which the total hours of annual operation 

calculation is based; 

(4) list of all counties in which the registered engine operated in during the 

reporting year as reported by the entity(ies) that operated the registered 

engine; 

(5) estimate of the percentage of total hours for each engine operated in each 

of the counties identified in (4) above; and 

(6) for registered equipment units, quarterly and annual summaries for each 

district or county in which the registered equipment unit was operated and 

the total process weight or throughput. 

(g) the owner or operator of a registered engine or equipment unit used by a PEPS 

shall provide the Executive Officer an annual report, in a format approved by the 

Executive Officer, by March 1st of each calendar year containing all of the 

following information: 

 (1) the reporting year; 

 (2) the registration number of each registered engine and/or equipment unit; 

(3) 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 operated the most. 

(h) Records requests made by a district or Executive Officer shall be made to the 

responsible official. The responsible official shall provide the requested records 

within 30 days from receipt of the request. Failure to provide the records by the 

specified date shall be deemed a violation of this article. 
22

(i) Each district shall provide the Executive Officer with an annual report, in a format 

approved by the Executive Officer, by March 31 following the year in which the 

information was collected containing all of the following information: 

(1) the number of portable engines and equipment units inspected; 

(2) the number of portable engines and/or equipment units found operating 

without valid district permits or statewide registrations; 

(3) the number of registered engines and equipment units inspected; and 

(4) summary of results of inspections. 

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

(1) notify the buyer about this regulation; and 

(2) on a monthly basis submit to the Executive Officer the number of portable 

engines and/or portable equipment units sold by the vendor for use in 

California including: the name, address, and contact information of the 

purchaser, and description of the engine and/or equipment unit including 

make, model, and engine family name. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2459. Notification. 

(a) Except as listed in subsection (d) of this section, if a registered equipment unit 

will be at a location for more than five days, the owner or operator of that 

registered equipment unit, shall notify the district in writing in a format approved 

by the Executive Officer, within two working days of commencing operations in 

that district. If the registered equipment unit is to be moved to different locations 

within the same district, the owner or operator shall be subject to the notification 

requirements above, unless the owner or operator and the district, by mutual 

agreement, arrange alternative notification requirements on a case-by-case 

basis. The notification shall include all of the following: 

(1) the registration number of the registered equipment unit; 

(2) the name and phone number of the responsible official or renter with 

information concerning the locations where the registered equipment unit 

will be operated within the district; and 

(3) estimated time the registered equipment unit will be located in the district. 

(b) If the district has not been notified as required in section 2459(a) above, because 

the owner or operator did not reasonably expect the duration of operation to 

trigger the notification requirement in section 2459(a) above, the owner or 

operator shall notify the district, in a format approved by the Executive Officer, 
23

within 12 hours of determining the registered equipment unit will be operating at 

a location more than five days. 

(c) Owners and operators of TSE are not subject to the notification requirements of 

this section 2459. 

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

equipment unit shall notify the corresponding onshore district in writing, in a 

format approved by the Executive Officer at least 14 days in advance of 

commencing operations in that district. The notification shall include all of the 

following: 

(1) the registration number of the registered engine or equipment unit; 

(2) the name and phone number of the responsible official with information 

concerning the locations where the registered engine or equipment unit 

will be operated within the district; 

(3) estimated time the registered engine(s) or equipment unit(s) will be 

located in the district; and 

(4) calculations showing the estimation of actual emissions expected for the 

project. 

 (e) Except as listed in section 2459(d) above, owners and operators of registered 

engines are not subject to notification requirements. 

(f) The Executive Officer shall make available via the Internet a list of approved 

notification methods for each district. 

(g) Failure to provide the required notifications within the timelines specified in this 

section shall be deemed a violation of this regulation. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 

41753, 41754, and 41755, Health and Safety Code. 

§ 2460. Inspections and Testing. 

(a) In determining if a portable engine or equipment unit is eligible for registration, 

the Executive Officer may inspect the portable engine or equipment unit and/or 

require a source test, at the owner’s expense. 

(b) Each district shall inspect all registered engines and equipment units for which 

the district has been designated as the home district pursuant to section 2453(i) 

above, as specified below: 

(1) Within 45 days after the date of initial issuance or renewal of a 

registration, the owner or operator shall contact the home district to 
24

arrange for inspection of the registered engine or equipment unit to be 

completed within one year of the initial registration or renewal date. If the 

registered engine or equipment unit shall be operating in a district, other 

than the home district, the owner or operator may request the home 

district to arrange for an inspection by that other district. 

(2) For portable engines, each home district should conduct no more than 20 

percent of the arranged inspections for that district as in-field inspections. 

All arranged inspections not conducted as in-field inspections shall be 

conducted as non-field inspections. If a portable engine is found in 

violation during an in-field inspection, the next arranged inspection for that 

engine shall be an in-field inspection. This section does not limit the 

authority of a district to conduct any number of non-arranged in-field or 

non-field inspections for which no fee is charged. 

(3) For registered equipment units operating with registered engines, the 

owner or operator may not request that the registered engine be inspected 

under the arranged inspection program or together with the equipment unit

at the hourly rate specified in Table 3 for equipment unit inspections. 

Inspection fees for registered engines are to be paid as listed in item 14 in 

Table 3. 

 

(4) Arranged inspections for PEPS engines and registered equipment units 

shall be non-field inspections unless an in-field inspection is requested by 

the holder of the registration and a reasonable in-field inspection location 

is arranged with the appropriate district. 

(5) The time for an arranged inspection shall be agreed upon in advance with 

the district and company preferences regarding time of day shall be 

accommodated within reason. To the extent that an arranged inspection 

does not fall within the district’s normal workday, the district may charge 

for the off-hour time based on a fee as specified in Table 23. 

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

unit does not occur due to unforeseen circumstances, the owner or 

operator and the home district shall reschedule the arranged inspection no 

later than 90 days of the initially scheduled inspection. Any unreasonable 

actions on the part of the owner or operator that prevents the inspection to 

occur within the specified time frame shall be deemed a violation of this 

article. Actions taken by the owner or operator that could be deemed 

“unreasonable” include, but are not limited to: 

 

(A) failing to respond to the district correspondences or other contracts 

made to schedule the inspection; 

(B) failing to ensure that the registered engine or equipment unit is in 

operation for arranged “in-field inspections” or where the district has 
25

provided advance notification to the owner or operator that the 

registered engine or equipment unit is required to be observed in 

operation. 

(7) The owner or operator may request the scheduling of one or more 

arranged inspections for multiple engines in order to qualify for an 

inspection fee discount as specified in section 2461 (d). Within 45 days of 

date of initial issuance of registration or by January 30 of each year for 

renewals, the owner or operator shall submit a letter of intent including an 

equipment list and registration numbers to the district to arrange for 

inspection of multiple engines. The inspections shall be completed within 

one year after the registration renewal date for each engine inspected. 

(8) If a registered engine or equipment unit is out of California for one year or 

more following initial registration or renewal, the engine or equipment unit 

shall be excused from having the arranged inspection within that period if: 

(A) within 45 days after the date of initial issuance or renewal of the 

registration, the owner or operator submitted a letter to the district 

noting the registration number of the registered engine or 

equipment unit and that the engine or unit is out of California for the 

one-year period; and 

(B) upon the return of the registered engine or equipment unit to the 

State, the owner or operator shall arrange to have the registered 

engine or equipment unit inspected within 30 days. 

(c) After issuance of registration, the Executive Officer or district may at any time 

conduct an inspection of any registered engine or equipment unit in order to verify 

compliance with the requirements of this article. The district shall not charge the 

owner or operator an additional inspection fee for that inspection. Source testing 

of engines for compliance purposes shall not be required more frequently than 

once every three years (including testing at the time of registration), except as 

provided in section 2460 (e), unless evidence of engine tampering, lack of proper 

engine maintenance, or other problems or operating conditions that could affect 

engine emissions are identified. In no event shall the Executive Officer or district 

require source testing of a registered engine for which there is no applicable 

emission standard, emission limit or other emission related requirement contained 

in this regulation. 

(d) Testing shall be conducted in accordance with the following methods or other 

methods approved by the Executive Officer: 

Particulate Matter: ARB Test Method 5 with probe catch and filter catch only 

 VOC: ARB Test Method 100 or U.S. EPA Test Method 25A 

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

Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 10 
26

Oxygen: ARB Test Method 100 or U.S. EPA Test Method 3A 

Gas Velocity and Flow Rate: ARB Test Method 1 & 2 or U.S. EPA Test Method 1 & 2 

(e) Initial or follow-up source testing of engines to verify compliance with the 

requirements of this regulation shall not be required for certified 

 compression-ignition engines and spark-ignition engines. 

(f) The exemption provided in section 2460 (e) shall not apply to source testing of 

engines for compliance purposes where evidence of engine tampering, lack of 

proper engine maintenance, or other problems or operating conditions that could 

affect engine emissions are identified. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code. 

§ 2461. Fees. 

(a) Except as otherwise set out herein, the Executive Officer shall assess and collect 

reasonable fees for registration, renewal, and associated administrative tasks, to 

recover the estimated costs to the Executive Officer for evaluating registration 

applications, and issuing registration documentation. 

(b) Fees shall be due and payable to the Executive Officer at the time an application 

is filed or as part of any request requiring a fee. Fees are nonrefundable except 

in circumstances as determined by the Executive Officer. 

(c) Except as provided in (k) below, the owner or operator of a registered engine or 

equipment unit shall submit fees to the Executive Officer and to districts in 

accordance with Table 3. 

(d) The Executive Officer shall collect an inspection fee as listed in Table 3 one time 

per every three calendar years for each registered engine to be paid upon initial 

application and renewal. Except for TSE, when multiple registered engines are 

inspected at a given source or location, the owner shall receive a discount if the 

owner or operator intends to arrange multiple engines inspections with the district 

and complies with the requirements specified in section 2460(b)(7). The 

discounts shall be applied as follows: 

(1) no discount for 1 to 3 engines 

(2) 25 percent discount for 4 to 9 engines 

(3) 35 percent discount for 10 or more engines 

(e) Failure to pay renewal fees when due may result in penalties. If a fee payment is 

not received or postmarked by the specified due date, fee penalties may be 

assessed per unit in accordance with Table 3. Failure to pay renewal fees prior 
27

to expiration may result in cancellation of the registration. If a registration has 

expired for an engine or equipment unit that is eligible for reactivation, a canceled 

registration may be reactivated after payment of all renewal and penalty fees. 

Registration may be reissued under the original registration number and 

expiration date. A portable engine or equipment unit without valid registration is 

subject to the rules and regulations of the district in which it operates. 

(f) Fees shall be periodically revised by the Executive Officer in accordance with the 

consumer price index, as published by the United States Bureau of Labor 

Statistics. 

(g) A district may collect a fee for the inspection of a registered equipment unit 

pursuant to section 2460(b)(3). The district shall bill the owner of the equipment 

unit at a rate as specified in Table 3 of the regulation for actual staff time taken to 

perform the inspection, not to exceed the amount specified in Table 3. Upon 

receipt of the invoice for the inspection fee, the owner shall have the right to 

appeal the district’s fee determination to the district Air Pollution Control Officer 

pursuant to the provisions of the district’s rules and regulations that govern 

appeals of fee determinations. 

(h) The Executive Officer shall annually distribute district inspection fees collected 

for that year. General inspection fees will be distributed equally among the 

districts. Home district inspection fees will be distributed to the corresponding 

home district. 

(i) TSE fees are due at the time of the report pursuant to section 2458(c). Failure to 

submit the annual report and applicable fees within six calendar months after the 

end of the year will result in cancellation of the registration. For TSE, if 

registration is cancelled or allowed to expire, the applicant shall reapply and pay 

initial registration fees. 

(j) The district may collect an inspection fee as listed in Table 3 one time per 

calendar year for each registered TSE inspected. When multiple registered TSE 

units are inspected at a given source or location, the inspection fee shall be 

equal to the lesser of the actual cost, including staff time, for conducting the 

inspection or the fee as listed in Table 3 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 3 per 

portable engine or equipment unit for each inspection necessary for the 

determination and ultimate resolution of the violation. In no event shall the total 

fees exceed the actual costs, including staff time, to the district of conducting the 

investigations and resolving any violations. 

(k) Portable engines qualifying for initial registration as resident engines per section 

2452(mm)(2) shall use the Table 2 fee schedule. The fees collected subject to 

this section shall be distributed to the districts, except that $270 dollars per 
28

engine for initial registration, and an additional $80 dollars per engine shall be 

retained by the Air Resources Board to provide for administrative costs. The fees 

shall be determined as follows: 

(1) For tier 1 engines, as defined in section 2452(vv), registration fees will be 

based on the year listed in Table 2, as determined below: 

(A) Where date of purchase can be verified by the Executive Officer, the 

earlier of: 

(1) for engines ≥50 bhp and <100 bhp: year of purchase or 2004; 

(2) for engines ≥100 bhp and <300 bhp: year of purchase or 2003; 

(3) for engines≥300 bhp and <600 bhp: year of purchase or 2001; 

(4) for engines ≥600 bhp and ≤750 bhp: year of purchase or 2002; 

(5) for engines >750 bhp: year of purchase or 2006. 

(B) Where the date of purchase can not be verified, the model year shall 

be used.

(2) For tier 2 engines, as defined in section 2452(ww), registration fees as listed 

in Table 2 will be based on the year the engine was purchased (as verified 

by the Executive Officer) or the model year of the engine (if purchase date is 

not available). 

Table 2 Registration Fees For Resident Engines Per Section 

2452(mm)(2) 

Portable Engine 

Date* 

Application 

Submitted on or 

Before 12/31/07

Application 

Submitted in 

2008 

Application 

Submitted in 

2009 

1996 $2,353 $3,130 $5,000 

1997 $2,195 $2,920 $4,685 

1998 $2,038 $2,710 $4,370 

1999 $1,880 $2,500 $4,055 

2000 $1,723 $2,290 $3,740 

2001 $1,565 $2,080 $3,425 

2002 $1,408 $1,870 $3,110 

2003 $1,250 $1,660 $2,795 

2004 $1,093 $1,450 $2,480 

2005 $935 $1,240 $2,165 

2006 $778 $1,030 $1,850 

 *As determined in section 2461(k) 
29

Table 3 Fees for Statewide Registration Program 

(Fees are per registered unit except where noted otherwise) 

1 Initial Registration $270.00 

2 TSE, initial registration 

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

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

3 Change of status from non-operational to operational 

A Where initial evaluation has not been previously completed $180.00 

B Where initial evaluation has been previously completed $90.00 

4 Identical replacement $75.00 

5 Renewal, non-TSE $225.00 

6 Penalty fee for late renewal payments, non-TSE 

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

B Postmarked within the calendar month prior to registration expiration date $90.00 

C Postmarked after the registration expiration date $250.00 

7 Annual TSE inventory fee 

A first 25 units (or portion thereof) $375.00 

B every additional 50 units (or portion thereof) $375.00 

8 Modification to registered portable engine or equipment unit $75.00 

9 Change of ownership $75.00 

10 Replacement of registration identification device or placard $30.00 

11 Correction to an engine or equipment unit description $45.00 

12 Update company information, copy of registration documents $45.00 

13 Copy of registration documents $45.00 

14 Total district inspection fee per registered portable engine, paid once every 3 years $345.00 

A General district inspection fee $30.00 

B Home district inspection fee $315.00 

15 District off-hour service fee per hour $50.00 

16 District inspection fees for equipment units: 

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

 B District inspection fee per equipment unit, per hour $98.00 

(not to 

exceed 

$500.00) 

17 TSE inspection fees: 

 A General district inspection fee per TSE unit, paid annually $10.00 

 B District inspection fee per TSE unit per inspection $75.00 

18 Placard $5.00 
30

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) 

and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 

41754, and 41755, Health and Safety Code.

§ 2462. Duration of registration. 

(a) Except for registrations that will expire on December 31, 2009 pursuant to sections 

2456(d)(10) and 17 CCR 93116.3(b)(1)(A), Rregistrations and renewals will be valid 

for three years from date of issuance. For change of ownership, the registration 

shall retain the original expiration date, except where the registration has expired. 

(b) The Executive Officer shall mail to the owner of a registered engine or equipment 

unit a renewal invoice at least 60 days prior to the registration expiration. Failure to 

send or receive a renewal invoice does not relieve the responsible official from 

paying all applicable fees when due. 

NOTE: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 

43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754, and 

41755, Health and Safety Code.