1



# Final Regulation Order

Regulation to Establish a Statewide Portable Equipm ent

Registration Program

Amend sections 2451, 2452, 2453, 2455, 2456, 2458, 2459, 2460, 2461, and 2462 Title 13, California Code of Regulations to read as follo ws:

(Note: Proposed amendments to the regulation are i dentified below. The originally proposed language is shown in underline is used to indicate proposed additions.

S trikeout is used to show proposed deletions from the regula tion text.)

Article 5. Portable Engine and Equipment Registra tion

§ 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 unde r this regulation. Examples include, but are not limited to:

(1) portable equipment units driven solely by port able engines including confined and unconfined abrasive blasting, Portland concrete batch plants, sand and gravel screening, rock crushing, a nd unheated pavement recycling and crushing operations; (2) consistent with section 209 (e) of the federal Clean Air Act, engines and associated equipment used in conjunction with t he following types of portable operations: well drilling, servi ce or work-over rigs; power generation, excluding cogeneration; pumps; co mpressors; diesel pile-driving hammers; welding; cranes; woodc hippers; dredges; equipment necessary for the operation of p ortable engines and equipment units; and military tactical support equipment.

(c) The following are not eligible for registration under this program:

(1) any engine used to propel mobile equipment or a motor vehicle of any kind as defined in section 2452 (aa)(1)(A); (2) any engine or equipment unit not meeting the de finition of portable as defined in section 2452 (dd) of this regulation;2

(3) any engines, equipment units, and its associated engines determined by the Executive Officer to qualify as p art of a stationary source permitted by a district; (4) any engine or equipment unit subject to an appl icable 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 Miner al Processing Plants); (5) any engine or equipment unit operating within t he boundaries of the California Outer Continental Shelf (OCS). [Note: This shall not prevent statewide registration of portable engines and equi pment units already permitted by a district for operation in the OCS. Such statewide registration shall only be valid for operation onshore and in St ate Territorial Waters (STW).]; (6) any dredging operation in the Santa Barbara Har bor; (7) any dredging unit owned by a single port author ity, harbor district, or similar agency in control of a harbor, and operated only within the

same harbor; (8) generators used for power production into the g rid, except to maintain grid stability during an emergency event or other unfore seen event that affects grid stability; and (9) generators used to provide primary or supplemen tal power to a building, facility, stationary source, or stationary equipmen t, except during unforeseen interruptions of electrical power from t he serving utility, maintenance and repair operations, electrical upgra de operations including startup, shutdown, and testing that do not exceed 6 0 calendar days, operations where the voltage, frequency, or electri cal current requirements can only be supplied by a portable generator, or re mote operations where grid power is unavailable.

(d) The Owner of a ny engine or equipment unit that loses eligibility for registration under this program sha ll apply for a permit wi th a district within 90 days of being notified of loss of eligibility. Registration shal l remain valid and operation may

continue under this article until the district grants or denies a p ermit or a registration for the engine or e quipment unit.

(e d ) In the event that the owner of an engine or equip ment 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: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.3

§ 2452. Definitions.

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

(1) “ Air Contaminan t Air 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 Compressi on

- 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 standard s 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 character istics significantly similar to

the theoretical diesel combustion cycle. Compression-ignition engines usu ally 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 are a that is geographically closest to the engine or equipment unit.

(g) (7) “ District District ”

means an air pollution control district or air qua lity management district created or continued in existen ce pursuant to provisions of Part 3 (commencing with section 40000) of the Ca lifornia Health and Safety

Code.

(h) (8) “ Electrical Upgrade Electrical Upgrade ” means replacement or addition of electrical equipment and systems resulting in increased genera tion, 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 beyon d the control of the portable engine or equipment unit operator, its officers, em ployees, and contractors that threatens public health and safety and that require s the immediate temporary operation of portable engines or equipment units to help alleviate the threat to public health and safety.4

(j) (10) “ Engine Engine ”

means any piston driven internal combustion engine

.

(k) (11) “ Equipment Unit Equipment Unit ” means equipment that emits PM 10 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 Distric t Home District ” means the district designated by the responsible official as the district in which the registered en gine or equipment unit resides most of the time. For registered engines or equipm ent units based out of California, the responsible official shall designat e the home district based on where the registered engine or equipment unit is li kely 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 engin e or equipment unit with another portable engine or equipment unit that has the same manufacturer, type, model number, manufacturer’s maximum rated ca pacity, 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 emis sion 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, fa cility, 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 Capa city 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.5

(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 eng ine 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 pre viously emitted. Routine maintenance and/or repair shall not be considered a physical change. Unless previously limited by an enforceable registration c ondition, a change in the method of operation shall not include:

(1) (A) an increase in the production rate, unless such in crease 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 u nit 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 tr ansferred to an ultimate purchaser. If the equitable or legal title to an e ngine 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 servi ce. A nonroad engine is placed into service when it is used for its functional pur poses. The term “ultimate purchaser” means, with respect to a new nonroad eng ine, the first person who purchases a new nonroad engine for purposes other t han 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 i s stored and does not require operation of the engine or equipment unit for purpo ses of the inspection.

(aa) (26) “

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-propell ed or serves a dual purpose by both propelling itself and performing an other function6 (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 str ing 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 o f being carried

or moved from one location to another. Indicia of transportability

include, but are not limited to, wheels, skids, car rying handles, dolly, trailer, or platform.

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

(A) 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 located at a seasonal source. Any engine (or engin es) that replaces an engine at a location and that is intend ed to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period . An engine located at a seasonal source is an engine that rema ins at a seasonal source during the full annual operating pe riod of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis ( at least two years) and that operates at that single location ap proximately three (or more) months each year.

(bb) (27) “ Outer Continental Shelf (OCS) Outer Continental Shelf (OCS) ” shall have the meaning provided by section 2 of the Outer Continen tal Shelf Lands Act (43 U.S.C. Section 1331 et seq.).

(cc) (28) “

Placard Placard ” means a visible indicator supplied by the Air Resou rces Board to indicate that an engine or equipment has b een registered in the Portable Equipment Registration Program and is in a ddition to the registration

identification device.

(dd) (29) “Portable Portable ” means designed and capable of being carried or mov ed from one location to another. Indicia of portabili ty include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of7

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 t he same location for more than 12 consecutive months. The period during whic h the engine or equipment unit is maintained at a storage facility shall be excluded from the residency time determination. Any engine or eq uipment unit such as back-up or stand-by engines or equipment units, tha t replace engine(s) or equipment unit(s) at a location, and is intended to perform the same or similar function as the engine(s) or equipment unit (s) being replaced, will be included in calculating the consecutive time per iod. In that case, the cumulative time of all engine(s) or equipment unit( s), including the time between the removal of the original engine(s) or eq uipment unit(s) and installation of the replacement engine(s) or equipm ent unit(s), will be counted toward the consecutive time period; or (2) the engine or equipment unit remains or will re side at a location for less than 12 consecutive months if the engine or equipme nt unit is located at a seasonal source and operates during the full annual operating period of

the seasonal source, where a seasonal source is a s tationary source that remains in a single location on a permanent basis ( at least two years) and that operates at that single location at least thre e months each year; or (3) the engine or equipment unit is moved from one location to another in an attempt to circumvent the portable residence time r equirements.

(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 associ ated with the operation of a registered engine or equipment u nit.

(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 o wnership or control to perform a single activity.

(hh) (33) “

Project, for the purposes of State Territorial Wate rs (STW), Project, for the purposes of State Territorial Waters (STW), ” means the use of one or more registered engines and equipment units operating un der the same or common ownership or control to perform any and all activit ies needed to fulfill specified contract work that is performed in STW. For the pu rposes of this definition, a

contract means verbal or written commitments coveri ng 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 sa me parties are involved in the8

contracts, or the time period specified in the cont racts 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 age ncy that owns, operates, controls, or manages a line, plant, or sy stem for the transportation of people or property, the transmission of telephone o r 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 operat or 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 principa l use of its engines or equipment units is the renting s or leasing es for profit of, registered engines or equipment units.

(ll) (37) “ Renter Renter ”

means a person who rents and/or operates registere d 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 di strict that provides a permit to operate exemption to a district that requ ires a permit to operate or registration does not qualify for consideration as a resident engine; or (2) (B) a certified compression-ignition engine that opera ted in California at any time between March 1, 2004 and October 1, 2006. Th e responsible official shall provide sufficient documentation to prove the engine’s residency to the satisfaction of the Executive Offi cer. Examples of adequate documentation include but are not limited to: tax records, purchase records, maintenance records, or usage rec ords.

An engine permitted or registered by a district pur suant 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 jurisdicti on comply with applicable requirements of this regulation. A company or public agency may have more than one Responsible Official.9

(oo) (40) “

Spark

- Ignition (SI) Engine Spark-Ignition (SI) Engine ” means an internal combustion engine with a spark plug (or other spark ing device) with operating characteristics significantly similar to the theore tical Otto combustion cycle. Spark-ignition engines usually use a throttle inste ad 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 fro m 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 eq uipment units set out in this

article.

(rr) (43) “ Stationary Source Stationary Source ” means any building, structure, facility or installation which emits any air contaminant direct ly or as a fugitive emission. “Building,” “structure,” “facility,” or “installati on” 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 ; (2) (B) belong to the same industrial grouping either by v irtue of falling within the same two-digit standard industrial classification c ode 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 stati onary 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 turbin es, that meets military specifications, owned by the U.S. Department of Def ense, 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 combustio n 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 t o another party by written

agreement.10

(vv) (47) “Tier 1 Engine Tier 1 Engine ” means a certified compression-ignition engine according to the horsepower and model year as follo ws:

≥ 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 follo ws:

≥ 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 A gency.

(zz 51 ) “ Vendor Vendor ”

means a seller or supplier of portable engines or equipment units

for use in California. (aaa 52 ) “

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, parachlorobenzo trifluoride (1-chloro-4- trifluoromethyl benzene), methane, carbon monoxide, carbon dioxide, carbonic

acid, metallic carbides or carbonates, ammonium car bonates, methylene chloride (dichloromethane), methyl chloroform (1,1,1-trichlo roethane), CFC-113 (trichlorotrifluoroethane), CFC-11 (trichlorofluoro methane), CFC-12 (dichlorodifluoromethane), CFC-22 (chlorodifluorome thane), CFC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroeth ane), CFC-115 (chloropentafluoroethane), HCFC-123 (dichlorotriflu oroethane), HFC-134a (tetrafluoroethane), HCFC-141b (dichlorofluoroethan e), HCFC-142b (chlorodifluoroethane), HCFC-124 (chlorotetrafluoro ethane), HFC-23 (trifluoromethane), HFC-134 (tetrafluoroethane), HF C-125 (pentafluoroethane), HFC-143a (trifluoroethane), HFC-152a (difluoroethan e), cyclic, branched, or linear completely methylated siloxanes, the followi ng classes of perfluorocarbons:

(1) (A) cyclic, branched, or linear, completely fluorinate d alkanes; (2) (B) cyclic, branched, or linear, completely fluorinate d ethers with no

unsaturations;11

(3) (C) cyclic, branched, or linear, completely fluorinate d tertiary amines with no

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

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

§ 2453. Application Process.

(a) In order for an engine or equipment unit to be considered for registration by the Executive Officer, the engine or equipment unit mus t be portable as defined in section 2452 (dd) and meet all applicable requireme nts 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 unit s and require separate applications.

(c) For an identical replacement, an owner or opera tor of a registered portable engine or equipment unit is not required to complet e a new application and may immediately operate the identical replacement. Exc ept for TSE, the owner or operator shall notify the Executive Officer in writ ing within five calendar days of replacing the registered engine or equipment unit w ith an identical replacement. Notification shall include company name, responsibl e official, phone number, registration certificate number of the engine or eq uipment unit to be replaced; and make, model, rated brake horsepower, serial num ber of the identical replacement, description of the mechanical breakdow n; and applicable fees as required in section 2461. Misrepresentation of eng ine 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 applican t, in writing, if the application is complete or deficient, within 30 days of receipt of an application. If deemed deficient, the Executive Officer shall identify the specific information required to make the application complete.

(e) The Executive Officer shall issue or deny regis tration within 90 days of receipt of a complete application.

(f) Upon finding that an engine or equipment unit m eets the requirements of this article, the Executive Officer shall issue a regist ration for the engine or equipment unit. The Executive Officer shall notify the appli cant in writing that the engine or equipment unit has been registered. The notificati on shall include a registration12

certificate, any conditions to ensure compliance wi th State and federal requirements, and a registration identification dev ice for each engine or equipment unit registered pursuant to this regulati on. Except for TSE, the registration identification device shall be affixed on the engine or equipment unit at all times, and the registration certificate incl uding operating conditions shall be kept on the immediate premises with the engine or e quipment at all times and

made accessible to the Executive Officer or distric t upon request. Failure to properly maintain the registration identification d evice shall be deemed a violation

of this article.

(g) Except for TSE, each application for registrati on and the appropriate fee(s) as specified in section 2461, shall be submitted in a format approved by the Executive Officer and include, at a minimum, the fo llowing information:

(1) indication of general nature of business (e.g., rental business, etc.); (2) the name of applicant, including mailing addres s and telephone number; (3) a brief description of typical engine or equipm ent-unit use; (4) detailed description, including engine or equip ment-unit make, model, manufacture year (for portable engines only), rated brake horsepower, throughput, capacity, emission control equipment, a nd serial number; (5) necessary engineering data, emissions test data , or manufacturer’s emissions data to demonstrate compliance with the r equirements as specified in sections 2455, 2456, and 2457; (6) for resident engines, a copy of either a curren t permit to operate that was granted by a district, or documentation as describe d in section 2452 (mm) (38) ; and (7) the printed name and signature of the responsib le official and date of the signature.

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

(1) the name of applicant, including mailing addres s and telephone number; (2) a brief description of typical engine or equipm ent-unit use; (3) engine or equipment-unit description, including type and rated brake horsepower; and (4) the printed name and signature of the responsib le official and date of the signature.

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

(1) Owners holding valid registration(s) prior to t he effective date shall designate in writing to the Executive Officer a hom e district within 90 days of the effective date of this regulation. The Exec utive Officer shall13 designate the home district for any and all registe red engines and equipment units for existing registration program p articipants that fail to designate a home district; (2) a home district shall be designated on each app lication for initial registration of an engine or equipment unit; and (3) except for registered engines or equipment unit s 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 dist rict from the three annual reports submitted during the 3 year registra tion cycle, operated the largest percentage of the time in a district other than the designated home district, the owner shall change the home district designation at the time of renewal. The change is not required if the differe nce between the home district operation percentage and the district with the largest operating percentage is 5 percent or less.

(j) Engines or equipment units owned and operated f or 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 Of ficer, district permits or registrations for engines or equipment units regist ered 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 pro ject(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 o r registration apply to the registered engine or equipment unit while opera ting at the project(s) in the OCS and STW; or (3) at STW project(s) that trigger district emissio n offset thresholds; or (4) at any specific location where statewide regist ration is not valid. The owner of the engine or equipment unit shall obtain a district permit or registration for the location(s) where the statewid e registration is not valid;

or (5) at any location where an engine or equipment un it that has been determined to cause a public nuisance as defined in Health and Safety

Code Section 41700.14

Under no circumstances shall a portable engine or e quipment unit be operated under both statewide registration and a district pe rmit at any specific location. Where both a district permit for operation at a spe cific location and statewide registration have been issued for an engine or equi pment unit, the terms of the district permit shall take precedence at that locat ion.

(m) When ownership of a registered engine or equipm ent unit changes, the new owner shall submit a change of ownership applicatio n. This application shall be filed within 30 days of the change of ownership. D uring the 30 day period the new owner is authorized to operate the registered e ngine 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 va lid 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 t imes so that it may be easily viewed from a distance. Placards shall be purchase d at the time of the first renewal or at the time of initial registration, whi ch ever occurs first. Failure to properly maintain the placard shall be deemed a vio lation of this article.

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

§ 2455. General Requirements.

(a) The emissions from engines or equipment units r egistered under this article shall not, in the aggregate, interfere with the attainmen t or maintenance of any California or federal ambient air quality standards . The emissions from one or more registered engines or equipment units, exclusi ve 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 em ission offsets for engines or equipment units registered under this article.

(b) Engines or equipment units registered under thi s 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 equip ment unit operated during an emergency event as defined in section 2452 (i) o f this article, is considered15

registered under the requirements of this article f or 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 pro vided the owner or operator

notifies the Executive Officer within 24 hours of c ommencing operation. The Executive Officer may for good cause refute that an emergency event under this provision exists. If the Executive Officer deems t hat an emergency event does not exist, all operation of engines and equipment u nits 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 v iolation of this article.

(d) For the purposes of registration under this art icle, 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 maj or stationary source under 40 CFR 51.166 or 52.21, and

(A) the major stationary source is located within 1 0 kilometers of a Class I area; or (B) the registered equipment unit, operating in co njunction with other registered equipment units, operates at the major s tationary source and its operation would be defined as a major modif ication to the stationary source under 40 CFR 51.166 or 52.21; or (2) the registered equipment unit, operating in co njunction with other registered equipment units, would be defined as a m ajor 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: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2456. Engine Requirements.

(a) For TSE, no air contaminant shall be discharged into the atmosphere, other than uncombined water vapor, for a period or periods agg regating 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 t he 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 t he Ringelmann Chart. No other requirements of this section are applicable t o TSE.

(b) Registered diesel pile-driving hammers shall co mply with the applicable provisions of section 41701.5 of the California Hea lth 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 cert ified 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 emissio n 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 horsepowe r.

(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 ce rtified spark-ignition engines that meet the most stringent emissions stan dard in effect for the applicable horsepower range at the time the applica tion is submitted by the responsible official . Spark-ignition engines that are not certified sp arkignition engines may be registered if they meet the emission standards in Table 1. Subsection (d)(1) does not apply to certif ied compression-ignition engines built under the flexibility provisions list ed in 40 CFR part 89.102, engines that are resident engines, changes of owner ship, 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 Califo rnia motor vehicle fuels as set forth in chapter 5, division 3, Title 13 of the California Code of Regulations, commencing with section 2250, or other fuels and/or additives that have been verified through the Verif ication Procedure for InUse Strategies to Control Emissions from Diesel Eng ines; (4) not exceed particulate matter emissions concentrati on of 0.1 grain per standard dry cubic feet corrected to 12 percent CO 2 . This provision does not apply to certified compression-ignition engines , certified spark-ignition engines, or any spark-ignition engine meeting Table 1 requirements; (5) not discharge air contaminants into the atmosph ere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percen t opacity; and (6) not exceed the following emission limits:

(A) 550 pounds per day per engine of carbon monoxid e (CO); (B) 150 pounds per day per engine of particulate ma tter less than 10 microns (PM 10 ); (C) for registered engines operating onshore, 10 to ns for each pollutant per district per year per engine for NOx, SOx, VOC, PM 10 , and CO

in nonattainment areas; and (D) for registered engines operating within STW:17 (1) 1. the offset requirements of the corresponding onsho re district apply. Authorization from the corresponding onshor e district is required prior to operating within STW. If auth orization is in the form of a current district permit, the terms and conditions of the district permit supersede the req uirements of the statewide registration for the project, exce pt that the most stringent of the technology and emission conce ntration limits required by the district permit or statewide registration are applicable. If the registered engine does not have a current district permit, the terms and conditions o f the statewide registration apply, and the corresponding onshore district may require offsets pursuant to district r ules and regulations. The requirement for district offsets shall not apply to the owner or operator of an engine(s) regi stered in the statewide registration program when the engine( s) is operated at a stationary source permitted by the di strict; and (2) 2. the corresponding onshore district may perform an ambient air quality impact analysis (AQIA) for the proposed project prior to granting authorization. The owner or oper ator of engine(s) registered in the statewide registration program shall be required, at the request of the district, to submit any information deemed by the district to be necessary for performing the AQIA. Statewide registration shall not be valid at any location where the AQIA demonstrates a potential violation of an ambient air quality stand ard.

(E) for registered engines operating in the South C oast Air Quality Management District (SCAQMD), 100 pounds nitrogen o xides (NOx) per project per day [An owner may substitute SCAQMD permit or registration limits in effect on or befor e September 17, 1997 (optional)]; (F) 100 pounds NOx per registered engine per day, except in SCAQMD where the limit is 100 pounds NOx per projec t per day.

(7) In lieu of (6)(E) and (6)(F) above, operation o f a registered new nonroad engine rated at 750 brake horsepower or greater for which a federal or California standard pursuant to 40 CFR Part 89 or T itle 13 of the California Code of Regulations has not yet become effective, s hall not exceed 12 hours per day. (8) For registered engines that operate in both STW and onshore, the 10 tons per district per year per engine limit in (6)(C) ab ove shall only apply

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

annual emission limitations in section 6 above shal l not apply.18

(10) E e ffective January 1, 2010, all registered spark-igni tion engines rated at 50 brake horsepower or greater shall be certified s park-ignition engines or shall meet Table 1 requirements. For those spark i gnition 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 r egulation.

(e) All registered engines shall be equipped with a functioning non-resettable hour meter, fuel meter or other operation tracking devic e 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 not ify ARB in writing within 6 months of the effective date of this regulation.

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

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

determinations.

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

Table 1 Spark-ignition Engine Requirements*



### Pollutant Emission Limits

NOx** VOC ** CO**

80 ppmdv NOx (1.5 g/bhp-hr) 240 ppmdv VOC (1.5 g/bhp-hr) 176 ppmdv CO (2.0 g/bhp-hr)

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

§ 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 re gistered engines, including engines otherwise preempted under section 209 (e) o f the federal Clean Air Act, or registered equipment units shall maintain record s of operation of each registered engine and equipment unit

. Recordkeeping for engines not previously required to maintain records shall begin upon the e ffective date of the regulation or January 1, 2007, which ever is later. For engin es not previously required to19

have an hour meter, fuel meter or other device appr oved by the Executive Officer, the owner or operator shall record hours o f operation until the hour meter, fuel meter or other device approved by the E xecutive 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 o ther device approved by the Executive Officer, and the corresponding dates of the recordings for each registered engine or equipment unit based on t he following:

(A) for each project as defined in 2452 (gg) or (hh ), readings shall be recorded prior to the commencement of operation and at the completion of the project; or (B) for ongoing operation of a registered engine or equipment unit at multiple locations within a stationary source, read ings shall be recorded at the beginning and end of each calendar week; or (C) for each location, readings shall be recorded p rior to commencement of operation and upon completion of op eration at

that location.

(3) For registered engines and equipment units subj ect to a daily operational limitation, daily records of either hours of operat ion, 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 o f 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 o ther device approved by the Executive Officer and the corresponding dates o f the recordings any time an engine or equipment unit is undergoing serv ice, repair, or

maintenance; and (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. Recordkeep ing 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 met er or other device approved by the Executive Officer, the owner or operator sha ll record hours of operation20

until the hour meter, fuel meter or other device ap proved by the Executive Officer has been installed. The owner shall provide each p erson who rents a registered engine or equipment unit with a written copy of app licable requirements of this article, including recordkeeping and notification r equirements, as a part of the agreement. The records, including written acknowle dgment by each renter of the registered engine or equipment unit of having recei ved the above information, shall be maintained by the rental business or the o wner 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 o f the following:

(1) registered engine registration number; (2) dates for the start and end of the rental trans action; (3) hours of operation for each rental period inclu ding the hour meter reading

at the start of the rental transaction and the hour meter reading at the end of the rental transaction; and (4) location of use (by district, county or other i ndicator (i.e., street address, UTM coordinates, etc.)).

(c) For TSE, each military installation shall provi de the Executive Officer an annual report, in a format approved by the Executive Offic er, within 60 days after the end of each calendar year. The report shall include the number, type, and rating of registered TSE at each installation as of December 31 of that calendar year, and be accompanied by the applicable fees pursuant to s ection 2461. Any variation of registered TSE to actual TSE shall be accounted for in this annual report, and the Executive Officer shall issue an updated TSE li st accordingly. A renewal registration will be issued with the updated TSE li st every three years according to expiration date.

(d) For each registered engine subject to the requ irements 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 unit s 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 t he Executive Officer an annual report signed by the responsible official, in a for mat approved by the Executive Officer, by March 1 of each calendar year containin g all of the following

information:

(1) the reporting year; (2) the registration number of each registered engi ne 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 h ours of operation per quarter, for each registered engine; and (4) for registered equipment units, quarterly summa ries for each district or county in which the registered equipment unit was o perated and the total process weight or throughput.

(f) The owner of a registered engine or equipment u nit owned by a rental business or used in a third-party rental transaction shall p rovide the Executive Officer an annual report signed by the responsible official, i n a format approved by the Executive Officer, by March 1 of each calendar year containing all of the following information:

(1) the reporting year; (2) the registration number of each registered eng ine and/or equipment unit; (3) total hours of operation for the reporting year for each registered engine based on, and including, beginning and ending annua l hour meter readings and dates upon which the total hours of an nual operation

calculation is based; (4) list of all counties in which the registered en gine 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 e ach engine operated in each of the counties identified in (4) above; and (6) for registered equipment units, quarterly and a nnual summaries for each district or county in which the registered equipmen t 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 repor t, in a format approved by the Executive Officer, by March 1st of each calendar ye ar containing all of the following information:

(1) the reporting year; (2) the registration number of each registered eng ine and/or equipment unit; (3) total hours of operation; and (4) estimate of the percentage of hours or fuel usa ge for the three counties in which the registered engine or equipment unit opera ted the most.

(h) Records requests made by a district or Executiv e Officer shall be made to the responsible official. The responsible official sha ll provide the requested records within 30 days from receipt of the request. Failur e to provide the records by the specified date shall be deemed a violation of this article.22

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

(1) the number of portable engines and equipment un its inspected; (2) the number of portable engines and/or equipment units found operating without valid district permits or statewide registr ations; (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 equ ipment units in California shall:

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

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

§ 2459. Notification.

(a) Except as listed in subsection (d) of this sect ion, 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 distric t in writing in a format approved by the Executive Officer, within two working days o f 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 sha ll be subject to the notification requirements above, unless the owner or operator an d the district, by mutual agreement, arrange alternative notification require ments on a case-by-case

basis. The notification shall include all of the f ollowing:

(1) the registration number of the registered equip ment unit; (2) the name and phone number of the responsible of ficial or renter with information concerning the locations where the regi stered equipment unit will be operated within the district; and (3) estimated time the registered equipment unit wi ll be located in the district.

(b) If the district has not been notified as requir ed 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 245 9(a) above, the owner or operator shall notify the district, in a format app roved by the Executive Officer,23

within 12 hours of determining the registered equip ment 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 re gistered engine or registered equipment unit shall notify the corresponding onsho re district in writing, in a format approved by the Executive Officer at least 1 4 days in advance of commencing operations in that district. The notifi cation shall include all of the following:

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

located in the district; and (4) calculations showing the estimation of actual e missions expected for the project.

(e) Except as listed in section 2459(d) above, own ers and operators of registered engines are not subject to notification requirement s.

(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 w ithin the timelines specified in this section shall be deemed a violation of this regulat ion.

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

§ 2460. Inspections and Testing.

(a) In determining if a portable engine or equipmen t unit is eligible for registration, the Executive Officer may inspect the portable engi ne or equipment unit and/or require a source test, at the owner’s expense.

(b) Each district shall inspect all registered engi nes and equipment units for which the district has been designated as the home distri ct pursuant to section 2453(i) above, as specified below:

(1) Within 45 days after the date of initial issuan ce or renewal of a registration, the owner or operator shall contact t he home district to24 arrange for inspection of the registered engine or equipment unit to be completed within one year of the initial registrati on or renewal date. If the registered engine or equipment unit shall be operat ing in a district, other than the home district, the owner or operator may r equest the home district to arrange for an inspection by that other district.

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

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

owner or operator may not request that the registered engine be inspected under the arranged inspection program or together w ith th e equipment unit at the hourly rate specified in Table 3 for equipme nt unit inspections

. Inspection fees for registered engines are to be pa id as listed in item 14 in

Table 3

.

(4) Arranged inspections for PEPS engines and regis tered equipment units shall be non-field inspections unless an in-field i nspection 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 ag reed 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 i n Table 2 3

.

(6) If an arranged inspection of a registered engin e 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 inspe ction. Any unreasonable actions on the part of the owner or operator that p revents the inspection to occur within the specified time frame shall be deem ed a violation of this article. Actions taken by the owner or operator th at could be deemed “unreasonable” include, but are not limited to:

(A) failing to respond to the district corresponden ces 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 wh ere the district has25 provided advance notification to the owner or opera tor that the registered engine or equipment unit is required to be observed in operation.

(7) The owner or operator may request the schedulin g of one or more arranged inspections for multiple engines in order to qualify for an inspection fee discount as specified in section 246 1 (d). Within 45 days of date of initial issuance of registration or by Janu ary 30 of each year for renewals, the owner or operator shall submit a lett er of intent including an equipment list and registration numbers to the dist rict to arrange for inspection of multiple engines. The inspections sh all be completed within one year after the registration renewal date for ea ch engine inspected.

(8) If a registered engine or equipment unit is ou t of California for one year or more following initial registration or renewal, the engine or equipment unit shall be excused from having the arranged inspectio n within that period if:

(A) within 45 days after the date of initial issuan ce or renewal of the registration, the owner or operator submitted a let ter to the district noting the registration number of the registered en gine or equipment unit and that the engine or unit is out o f California for the one-year period; and (B) upon the return of the registered engine or equ ipment 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 O fficer or district may at any time conduct an inspection of any registered engine or e quipment unit in order to verify compliance with the requirements of this article. The district shall not charge the owner or operator an additional inspection fee for that inspection. Source testing of engines for compliance purposes shall not be req uired more frequently than once every three years (including testing at the ti me of registration), except as provided in section 2460 (e), unless evidence of en gine 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 w hich 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 t he following methods or other methods approved by the Executive Officer:

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

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

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

Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 1026

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

(e) Initial or follow-up source testing of engines to verify compliance with the requirements of this regulation shall not be requir ed for certified compression-ignition engines and spark-ignition en gines.

(f) The exemption provided in section 2460 (e) shal l not apply to source testing of engines for compliance purposes where evidence of e ngine tampering, lack of proper engine maintenance, or other problems or ope rating conditions that could affect engine emissions are identified.

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

§ 2461. Fees.

(a) Except as otherwise set out herein, the Executi ve Officer shall assess and collect reasonable fees for registration, renewal, and asso ciated administrative tasks, to

recover the estimated costs to the Executive Office r for evaluating registration applications, and issuing registration documentatio n.

(b) Fees shall be due and payable to the Executive Officer at the time an application is filed or as part of any request requiring a fee. Fees are nonrefundable except in circumstances as determined by the Executive Off icer.

(c) Except as provided in (k) below, the owner or o perator of a registered engine or equipment unit shall submit fees to the Executive O fficer and to districts in

accordance with Table 3.

(d) The Executive Officer shall collect an inspecti on 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 mult iple 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 engin es inspections with the district and complies with the requirements specified in sec tion 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 dat e, fee penalties may be assessed per unit in accordance with Table 3. Fail ure to pay renewal fees prior27

to expiration may result in cancellation of the reg istration. If a registration has expired for an engine or equipment unit that is eli gible for reactivation, a canceled registration may be reactivated after payment of al l renewal and penalty fees. Registration may be reissued under the original reg istration number and expiration date. A portable engine or equipment un it without valid registration is subject to the rules and regulations of the distric t in which it operates.

(f) Fees shall be periodically revised by the Execu tive Officer in accordance with the consumer price index, as published by the United St ates 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 regul ation for actual staff time taken to perform the inspection, not to exceed the amount sp ecified 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 dist rict 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 dis tributed equally among the districts. Home district inspection fees will be d istributed to the corresponding

home district.

(i) TSE fees are due at the time of the report purs uant 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 l isted in Table 3 one time per calendar year for each registered TSE inspected. W hen 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 s taff time, for conducting the inspection or the fee as listed in Table 3 per regi stered 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 inspecti on necessary for the

determination and ultimate resolution of the violat ion. In no event shall the total fees exceed the actual costs, including staff time, to the district of conducting the investigations and resolving any violations.

(k) Portable engines qualifying for initial registr ation 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 per28

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 ot herwise)

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 porti on thereof) $750.00

3 Change of status from non-operational to operationa l

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

B Where initial evaluation has been previously comple ted $90.00

4 Identical replacement $75.00

5 Renewal, non-TSE $225.00

6 Penalty fee for late renewal payments, non-TSE

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

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

C Postmarked after the registration expiration date $250.00

7 Annual TSE inventory fee

A first 25 units (or portion thereof) $375.00

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

8 Modification to registered portable engine or equip ment unit $75.00

9 Change of ownership $75.00

10 Replacement of registration identification device o r placard $30.00

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

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

13 Copy of registration documents $45.00

14 Total district inspection fee per registered portab le 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 hou r $98.00 (not to

exceed $500.00)

17 TSE inspection fees:

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

B District inspection fee per TSE unit per inspection $75.00

18 Placard $5.0030

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

§ 2462. Duration of registration.

(a) Except for registrations that will expire on De cember 31, 2009 pursuant to sections 2456(d)(10) and 17 CCR 93116.3(b)(1)(A), R r egistrations 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 w here the registration has expired.

(b) The Executive Officer shall mail to the owner o f a registered engine or equipment unit a renewal invoice at least 60 days prior to th e 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.