Appendix B 

Proposed Amendments to Existing Diesel Regulations 

TABLE OF CONTENTS 

Section 2020 Purpose and Definitions of Diesel Particulate Matter Control 

Measures 

B–1

Section 2022 Diesel Particulate Matter Control Measure for Municipality or 

Utility On-road Heavy-duty Diesel-fueled Vehicles 

B–2 

Section 2022.1 Determining Compliance for a Municipality or Utility B–5 

Section 2027 In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks B–23

Section 2449 General Requirements for In-Use Off-Road Diesel-Fueled 

Fleets 

B–41 

Section 2479 Regulation for Mobile Cargo Handling Equipment at Port and 

Intermodal Rail Yards 

B–47

Section 2456 Portable Engine and Equipment Registration B–57 

Section 93116 Airborne Toxic Control Measure for Diesel Particulate Matter 

from Portable Engines Rated at 50 Horsepower or Greater 

 

B–97

Section 2485 Airborne Toxic Control Measure to Limit Diesel-Fueled 

Commercial Motor Vehicle Idling 

B–113

Section 1956.8 Exhaust Emissions Standards and Test Procedures – 1985 

and Subsequent Model Heavy-Duty Engines and Vehicles 

B–121

 B - 1

PROPOSED REGULATION ORDER 

DIESEL PARTICULATE MATTER CONTROL MEASURE FOR ON-ROAD HEAVYDUTY DIESEL-FUELED VEHICLES OWNED OR OPERATED BY PUBLIC AGENCIES 

AND UTILITIES 

Note: Proposed amendments are shown in underline to indicate additions and 

strikeout to indicate deletions, compared to the preexisting regulatory language. 

Amend section 2020, 2022, and 2022.1, title 13, California code of Regulations to read as 

follows. 

§ 2020. Purpose and Definitions of Diesel Particulate Matter Control Measures. 

(a) Purpose. Diesel particulate matter was identified in 1998 as a toxic air 

contaminant. According to California law, an airborne toxic control measure using 

the best available control technology shall, therefore, be employed to reduce the 

public’s exposure to diesel particulate matter. 

(b) Definitions. For the purposes of the rules specified in article 4, the following 

definitions apply: 

“Alternative fuel” means natural gas, propane, ethanol, methanol, gasoline (when 

used in hybrid electric buses only), hydrogen, electricity, fuel cells, or advanced 

technologies that do not rely on diesel fuel. “Alternative fuel” also means any of 

these fuels used in combination with each other or in combination with other nondiesel fuels. 

“Commercially available” means available for purchase and installation at a 

reasonable cost. 

“Heavy-duty pilot ignition engine” means an engine designed to operate using an 

alternative fuel, except that diesel fuel is used for pilot ignition at an average ratio of 

no more than one part diesel fuel to ten parts total fuel on an energy equivalent 

basis. An engine that can operate or idle solely on diesel fuel at any time does not 

meet this definition. 

“Level” means one of three categories of Air Resources Board-verified diesel 

emission control strategies: Level 1 means the strategy reduces engine diesel 

particulate matter emissions by between 25 and 49 percent, Level 2 means the 

strategy reduces engine diesel particulate matter emissions by between 50 and 

84 percent, and Level 3 means the strategy reduces engine diesel particulate matter 

emissions by 85 percent or greater, or reduces engine emissions to less than or 

equal to 0.01 grams diesel particulate matter per brake horsepower-hour. 

“Municipality” means a city, county, city and county, special district, or a public 

agency of the United States of America or the State of California, and any 

department, division, public corporation, or public agency of this State or of the 
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United States, or two or more entities acting jointly, or the duly constituted body of 

an Indian reservation or rancheria. 

“Owner” means the same as in title 13, California Code of Regulations, 

section 2180.1(a)(215). 

"Transit agency” means a public entity responsible for administering and managing 

transit services. Public transit agencies can directly operate transit service or 

contract out for all or part of the total transit service provided. 

“Terminal” means any place or places where a vehicle is regularly garaged or 

maintained, or from which it is operated or dispatched, which may include a private 

business or residence. 

“Verified” means that a diesel emission control strategy or system has received 

approval from the Executive Officer according to the “Verification Procedure for InUse Strategies to Control Emissions from Diesel Engines” in title 13, California Code 

of Regulations, commencing with section 2700, and incorporated by reference. 

“Warranty Period” means the same as in title 13, California Code of Regulations, 

section 2707. 

NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. 

Reference: Sections 39002, 39003, 39650 - 39675, 43000, 43013, 43018, 43101, 43102, 

43104, 43105 and 43700, Health and Safety Code. 

§ 2022. Diesel Particulate Matter Control Measure for Municipality or Utility 

On-Road Heavy-duty Diesel-Fueled Vehicles. 

 

(a) Scope and Applicability. Sections 2022 and 2022.1 apply to any municipality or 

utility that owns, leases, or operates an on-road diesel-fueled heavy-duty vehicle 

with either a 1960 to 2006 model-year medium heavy-duty or heavy heavy-duty 

engine or a 2007 model-year or newer engine certified to greater than 0.01 grams 

per brake horsepower-hour particulate emission standard and manufacturer’s 

gross vehicle weight rating greater than 14,000 pounds. These sections do not 

apply to a vehicle subject to the solid waste collection vehicle rule commencing 

with title 13, California Code of Regulations, section 2021 or to the fleet rule for 

transit agencies commencing with section 2023, or to a school bus as defined in 

Vehicle Code section 545, or to a military tactical support vehicle, as described in 

title 13, California Code of Regulations, section 1905, or to an emergency vehicle 

as described in California Vehicle Code, section 27156.2, or to an off-road vehicle 

as described in title 13, California Code of Regulations, sections 2401, 2421, 

2411 and 2432. 

(b) Definitions. The definitions in section 2020 shall apply to sections 2022, and 

2022.1. In addition, the following definitions apply only to sections 2022, and 

2022.1. 
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 (1) “Dedicated Snow Removal Vehicle” means a vehicle that has permanently affixed 

snow removal equipment such as a snow blower or auger and is operated exclusively 

to perform snow removal operations. 

(2) “Dual Engine Street Sweeper” means an on-road heavy-duty vehicle, over 14,000 

pounds gross vehicle weight rating, that is used for the express purpose of removing 

material from road surfaces, by mechanical means through the action of one or more 

brooms, or by suction through a vacuum or regenerative air system or any 

combination of the above. A dual engine street sweeper has an engine to propel the 

vehicle and an auxiliary engine to power the broom or vacuum. 

(3) “Lease” means to operate a vehicle that is owned by a rental or leasing company 

for a period of one year or more. 

(2)(4) “Low-Population County” means a county with a population of less than 

125,000, based upon the California Department of Finance estimates as of 

July 1, 2005, and as listed in Table 2 of title 13, California Code of Regulations 

section 2022.1. 

(3)(5) “Low Usage Vehicle” means a vehicle that is operated for fewer than 1000 miles 

or 50 hours per year, based on a 5 year rolling mileage or engine-hour average. A 

vehicle that does not have a properly functioning odometer, tachograph, or other 

reliable device to measure usage may not qualify as a low usage vehicle. 

(4)(6) “Low-Population County Low Usage Vehicle” means a vehicle that is owned or 

operated by a municipality or utility located in a low-population county and is operated, 

based on a 5 year rolling mileage or engine hour average for fewer than 3000 miles or 

150 hours, excluding mileage or engine hours used during snow removal operations. 

A vehicle that does not have a properly functioning odometer, tachograph, or other 

reliable device to measure usage may not qualify as a low-population county low 

usage vehicle. 

(7) “Operate” means to use or manage a vehicle by a municipal or utility employee for 

the purposes of conducting work by or for the municipality or utility. This does not 

include personal vehicle use for commuting to or from the workplace.

(5)(8) "Retirement" or "Retire" means the withdrawal of an engine or vehicle subject to 

this rule from a municipality or utility fleet in California; the engine may be sold outside 

the State of California, scrapped, converted for use in a low usage vehicle or lowpopulation county low usage vehicle. “Retirement” or “retire” also means the transfer 

of an engine or vehicle, which is subject to this rule and has been brought into 

compliance with title 13, California Code of Regulations, section 2022.1(b), from a 

municipality or utility fleet in California to another person or entity in California. In 

addition, “retirement” means the sale of a dual engine street sweeper with a model 

year engine of 2004, 2005, or 2006 in the State of California to a buyer who must 

comply with title 13, California Code of Regulations, section 2025.

(9) “Sold Outside of the State of California” means a sale of a vehicle for operation 

outside the State of California to satisfy the definition of “retirement” in section 
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2022(b)(8). A municipality or utility must submit a completed “VIN stop” application, as 

defined in title 13, California Code of Regulations, section 2022(b)(10), to the 

Executive Officer prior to sale of the vehicle. ARB will obtain VIN Stop from 

Department of Motor Vehicles. A municipality or utility must also follow the recordkeeping requirements as defined in title 13, California Code of Regulations, 

section 2022(f)(1)(K). If a municipality or utility is selling a vehicle through a Third 

Party Vehicle Seller, it must include Third Party Vehicle Seller contract language as 

defined in title 13, California Code of Regulations, section 2022(h).

(10) “Third Party Vehicle Seller” means a person that a municipality or utility uses to 

sell a vehicle outside of the State of California. 

(6)(11) “Total Fleet” means the total of a municipality’s or utility’s on-road heavy-duty 

vehicles with a 1960 to 2006 model-year medium heavy-duty or heavy heavy-duty 

engine and a manufacturer’s gross vehicle weight rating greater than 14,000 pounds, 

excluding low usage vehicles; low-population county, low usage vehicles; dedicated 

snow-removal vehicles; and gasoline fueled vehicles.

1

 As of January 1, 2009, “Total 

Fleet” means the total of a municipality’s or utility’s on-road heavy-duty vehicles with a 

manufacturer’s gross vehicle weight rating greater than 14,000 pounds with a 1960 to 

2006 model-year heavy-duty engine or with a 2007 model-year or newer heavy-duty 

engine certified to greater than 0.01 grams per brake horsepower-hour particulate 

emission standard, excluding low usage vehicles; low-population county, low usage 

vehicles; dedicated snow-removal vehicles; and gasoline fueled vehicles.

(7)(12) “Utility” means a privately-owned company that provides the same or similar 

services for water, natural gas, and electricity as a public utility operated by a 

municipality. 

(8)(13) “Vehicle Type” means one of the following categories: “Compliant” for those 

vehicles that meet the requirements of section 2022.1(b); “Future Compliant” for those 

vehicles for which the municipality or utility has a planned compliance date; “Retired” 

for those vehicles that will meet the definition of “retirement” at a planned retirement 

date; “Low Usage or Low-Population County Low Usage” for those vehicles that meet 

the applicable definitions in this section; and “Experimental” for those vehicles that are 

part of an experimental program and comply with the provisions of 

section 2022.1(d)(5). 

(14) “VIN stop” means a Department of Motor Vehicle’s registration hold based on a

vehicle identification number to prevent a vehicle from being re-registered in California 

after a vehicle is “retired.”

NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: 

Sections 39002, 39003, 39655, 39656, 39657, 39658, 39659, 39660, 39661, 39662, 

39664, 39665, 39667, 39669, 39674, 39675, 43000, 43013, 43018, 43101, 43102, 

43104, 43105, and 43700, Health and Safety Code. 

 

1

 Gasoline vehicles that do not meet the best available control technology (BACT) requirements specified in 

title 13, California Code of Regulations, section 2022.1(b)(3) are excluded from the total fleet calculation. 
 B - 5

§ 2022.1. Determining Compliance for a Municipality or Utility. 

(a) Compliance Requirements. Beginning with the applicable effective dates, a 

municipality or utility is required to comply with this diesel particulate matter control 

measure for each vehicle in its total fleet. Compliance requires all of the following: 

(1) Use of a best available control technology for each vehicle in the total fleet 

as specified in subsection (b); 

(2) Implementation for each vehicle in the total fleet as specified in 

subsection (c); 

(3) If a compliance deadline extension is granted by the Executive Officer per 

subsection (d), the municipality or utility shall be deemed to be in 

compliance as specified by the Executive Officer’s authorization; 

(4) Special circumstances must be followed as specified in subsection (e); 

(5) Records must be kept as specified in subsection (f); and 

(6) Continuous compliance: municipality or utility is required to keep each 

vehicle in compliance with this regulation, once it is in compliance, so long 

as the municipality or utility is operating the vehicle in California. 

(b) Best Available Control Technology. Each municipality or utility shall use one of the 

following best available control technologies on each applicable vehicle in its total 

fleet as required by the implementation schedule in subsection (c): 

(1) An engine or power system certified to the optional 0.01 grams per brake 

horsepower-hour (g/bhp-hr) particulate emission standard as specified in 

title 13, California Code of Regulations, section 1956.8(a)(2), or the 

0.01 g/bhp-hr particulate emission standard as specified in title 13, 

California Code of Regulations, section 1956.8(a), as appropriate for the 

engine’s model-year; or 

(2) An engine or power system certified to the 0.10 g/bhp-hr particulate 

emission standard, as specified in title 13, California Code of Regulations, 

section 1956.8, used in conjunction with the highest level diesel emission 

control strategy as defined in subsection (b)(4) applied by the 

implementation schedule in subsection (c); or 

(3) An alternative fuel engine, heavy-duty pilot ignition engine, or gasoline 

engine; model-year 2004-2006 alternative fuel engines must be certified to 

the optional, reduced emission standards as specified in title 13, California 

Code of Regulations, section 1956.8 (a)(2)(A); gasoline engines must be 

certified to the emission standards as specified in title 13, California Code of 

Regulations, for heavy-duty Otto-cycle engines used in heavy-duty vehicles 
 B - 6

over 14,000 pounds gross vehicle weight, sections 1956.8(c)(1)(B) and 

1976(b)(1)(F); or 

(4) The highest level diesel emission control strategy per title 13, California 

Code of Regulations, section 2702 (f), Table 1, that is verified for a specific 

engine to reduce diesel particulate matter and which the diesel-emissioncontrol strategy manufacturer or authorized dealer agrees can be used on a 

specific engine and fleet-vehicle combination, without jeopardizing the 

original engine warranty in effect at the time of application. 

(c) Implementation Schedule. 

(1) A municipality or utility shall comply with the schedule in Table 1 - 

Implementation Schedule for a Municipal and Utility Total Fleet Vehicle, 

1960 to 2006 and newer Model-Year Engines for the specified percentage 

of vehicles by each applicable compliance deadline.

 

Table 1 - Implementation Schedule for a Municipal and Utility Total Fleet Vehicle, 1960 to 

2006 and newer Model-Year Engines. 

Group Engine Model-Years 

Percentage of 

Group to Use Best 

Available Control 

Technology 

Compliance 

Deadline, 

As of December 

31 

1

a

 1960 – 1987 

20 

60 

100 

2007 

2009 

2011 

2 1988 – 2002 

20 

60 

100 

2007 

2009 

2011 

3

2003 – 2006 

(Includes dual-fuel and 

bi-fuel engines) 

50 

100 

2009 

2010 

4

2007 and newer certified 

above the 0.01g/bhp-hr std.

100 2012

a

An owner may not use Level 1 technology, as classified pursuant to title 13, California Code of 

Regulations section 2700, as best available control technology on a Group 1 engine or vehicle. 
 B - 7

(2) Municipality or Utility Located in a Low-Population County. A municipality 

or utility that is headquartered in a county in Table 2 may elect to follow the 

option in Table 3 below in lieu of the implementation schedule in Table 1. 

Table 2 - Low-Population Counties 

COUNTY Population as of July 1, 2005 

ALPINE 1,300 

AMADOR 37,600 

CALAVERAS 47,800 

COLUSA 24,200 

DEL NORTE 31,500 

GLENN 31,800 

INYO 18,800 

LAKE 69,200 

LASSEN 39,800 

MARIPOSA 19,600 

MENDOCINO 95,500 

MODOC 10,100 

MONO 14,200 

NEVADA 106,300 

PLUMAS 21,900 

SAN BENITO 63,600 

SIERRA 3,700 

SISKIYOU 47,200 

SUTTER 90,400 

TEHAMA 63,400 

TRINITY 13,800 

TUOLUMNE 62,200 

YUBA 66,000 
 B - 8

Table 3 - Implementation Schedule for a Municipality or Utility Located 

in a Low-Population County or Granted Low-Population County Status 

Group Engine Model-Years 

Percentage of 

Group to Use Best 

Available Control 

Technology 

Compliance Deadline, 

as of December 31

1 1960 – 1987 

20 

40 

60 

80 

100 

2009 

2011 

2013 

2015 

2017 

2 1988 – 2002 

20 

40 

60 

80 

100 

2008 

2010 

2012 

2014 

2016 

3 

2003 – 2006 

(Includes dual-fuel and bifuel engines) 

20 

40 

60 

80 

100 

2011 

2012 

2013 

2014 

2015 

4

2007 and newer certified 

above the 0.01g/bhp-hr 

std.

20

40

60

80

100

2012

2013

2014

2015

2016

(3) Accelerated Turnover Option for Municipality or Utility Located in a 

Low-Population County. A municipality or utility headquartered in a county 

listed in Table 2 may elect to follow the option in Table 4 below in lieu of the 

implementation schedules in Table 1 or 3. 

Table 4 - Accelerated Turnover Option for a Municipality or Utility 

Located in a Low-Population County 

Engine ModelYear 

Fleet Percent to 

Repower with a 

1994 or newer 

engine 

Compliance 

Date as of 

Dec 31 

Percent of Fleet 

to use BACT 

Compliance 

Date as of 

Dec 31 

1960 –1993 100% 2020 100% 2025 

1994 – 2006

and newer N/A N/A 100% 2025 
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 (4) A municipality or utility not specifically listed in Table 2 may apply to the 

Executive Officer for consideration as a fleet located in a designated 

“low-population county.” The Executive Officer shall issue that designation 

provided that all of the following criteria are met: 

(A) The total fleet is located in a "nonurbanized area," a "rural and small 

urban area," or any area outside of an urbanized area, as designated 

by the U.S. Bureau of the Census. An urbanized area consists of a 

core area and the surrounding densely populated area with a total 

population of 50,000 or more, with boundaries fixed by the Bureau of 

the Census or extended by state and local officials; or 

(B) The fleet is located in a county that, as of July 1, 2005, has a 

population of less than 325,000 and meets the definition of a lowpopulation county when the population of one or more cities that have 

their own municipal vehicle fleet are subtracted from the county 

population, and the fleet does not operate within those cities’ 

boundaries; and 

(C) The fleet revenue is not based on special district assessments or 

fees. 

 (5) Calculating Number of Total Fleet Vehicles Required for Implementation.

(A) As of January 1 of each year where a compliance deadline is 

applicable, a municipality or utility shall calculate, for each engine 

model-year group, the number of vehicles in its total fleet for which 

compliance will be required. This fleet size by engine model-year 

group (#MUVby group)

2

 must be calculated using the following equation: 

#MUVby group = # Vehiclesby group + TotRetireby group

Where: 

#Vehiclesby group = the number of vehicles in an engine model-year group 

subject to the rule, and 

TotRetireby group = the number of vehicles removed from the model-year 

group by retirement in prior years, beginning with 

January 1 of the initial applicable compliance deadline 

year for each group. 

 If a vehicle has left the total fleet for reasons other than retirement, it 

must not be included in the calculation of #MUVby group. 

(B) The municipality or utility shall use the following equation to determine 

the total number of vehicles in an engine model-year group that are 

 

2

 “bBy group” means all vehicles in an engine model-year group as described in Table 1 under (c)(1). 
 B - 10

required to be in compliance by the deadline in Table 1 

(TotVehby group): 

TotVehby group = Group%BACTby group x #MUVby group 

Where: 

Group%BACTby group = the percentage of vehicles in an engine model-year 

group that must meet BACT requirements for a 

given year as specified in subsection (c), and 

#MUVby group = the total fleet size by engine model-year group as 

defined in paragraph (5)(A) above 

(C) After the first compliance deadline for each group, the municipality or 

utility shall determine the number of additional vehicles in each 

model-year group to be brought into compliance each year that a 

compliance deadline is applicable (TotAddCompby group). The 

following equation must be used to calculate TotAddCompby group: 

 TotAddCompby group = TotVehby group – TotBACTby group – TotRetireby group

Where: 

TotVehby group = the total number of vehicles in an engine model-year 

group required to be in compliance, as defined in 

paragraph (5)(B) above, 

TotBactby group = the number of vehicles in an engine model-year group 

that have been brought into compliance since the earliest 

compliance deadline using the method listed in 

subsection (b), and 

TotRetireby group = the number of vehicles retired in prior years as defined in 

paragraph (5)(A) above 

If a vehicle has left the total fleet for reasons other than retirement, it 

must not be included in the calculation of TotAddCompby group. 

(D) Notwithstanding subsection (C) above, in the 100 percent compliance 

deadline year for each engine model-year group, the municipality or 

utility shall bring the remaining vehicles into compliance. 

(E) If the TotVehby group or TotAddCompby group is not equal to a whole 

number, the municipality or utility shall round up a whole number 

when the fractional part of TotAddCompby group is equal to or greater 

than 0.5, and round down if less than 0.5. 

(d) Compliance Extensions. A municipality or utility may be granted an extension to a 

compliance deadline specified in subsection (c) for one of the following reasons: 
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(1) Compliance Extension Based on Early Implementation. A municipality or 

utility may be granted an extension based on compliance with one or more 

of the following early implementation schedules, provided the Executive 

Officer has received a letter by the applicable early compliance deadline 

stating the municipality’s or utility’s intent to comply with one of the following 

conditions and meets the requirements set forth in paragraphs (A), (B), (C) 

or (D). 

(A) If a municipality or utility has implemented best available control 

technology on fifty percent or more of its Group 1 vehicles in its total 

fleet by December 31, 2007, then the municipality or utility may delay 

the intermediate and final compliance deadlines for the remaining 

Group 1 vehicles to July 1, 2012. 

(B) If a municipality or utility has implemented best available control 

technology on fifty percent or more of its Group 2 vehicles in its total 

fleet by December 31, 2007, then the municipality or utility may delay 

the intermediate and final compliance deadlines for the remaining 

Group 2 vehicles to July 1, 2012. 

(C) If a municipality or utility has implemented BACT on 100 percent of its 

Group 1 and Group 2 engines by December 31, 2008, then the 

municipality or utility may follow the alternate implementation 

schedule for its Group 3 engines of 20 percent BACT by 

December 31, 2009, 60 percent BACT by December 31, 2011 and 

100 percent BACT by December 31, 2012. 

(D) If a municipality or utility employs significant quantities of advanced 

technology vehicles (for example, hybrid electric vehicles) to meet 

BACT requirements, then the municipality or utility may apply to the 

Executive Officer for approval of a longer implementation schedule for 

its Group 2 and Group 3 vehicles, or approval of credits to be used 

towards BACT compliance. The longer implementation schedule 

must be proportionate to the additional emissions benefits from the 

use of the advanced technology vehicles, and BACT credits cannot 

exceed the additional emissions benefits. The advanced technology 

vehicles must meet or exceed MY 2007 and later emissions 

standards and significantly reduce greenhouse gas emissions and 

petroleum use. 

(2) Compliance Extension Based on No Verified Diesel Emission Control 

Strategy. If the Executive Officer has not verified a diesel emission control 

strategy, or one is not commercially available, for a particular engine and 

vehicle combination, an annual extension in compliance may be granted by 

the Executive Officer under one of the conditions specified below: 

(A) Executive Officer Compliance Extension. The Executive Officer shall 

grant a blanket one-year compliance extension if a diesel emission 
 B - 12

control strategy is not verified for an engine ten months prior to each 

compliance deadline specified in subsection (c). 

1. For a Group 1 engine for which there is no verified diesel 

emission control strategy, the Executive Officer shall grant a 

one-year extension, after which the municipality or utility shall 

comply with subsection (b). If no diesel emission control 

strategy for the engine is verified during the extension period, 

the Executive Officer shall grant an additional one year 

extension. The Executive Officer may grant one-year 

extensions until December 31, 2012, (or December 31, 2018 for 

a municipality or utility located in a low-population county, or 

granted low-population county status), after which the 

municipality or utility shall comply with subsection (b). 

2. For a Group 2 engine for which there is no verified diesel 

emission control strategy, the Executive Officer shall grant a 

one-year extension, after which the municipality or utility shall 

comply with subsection (b). If no diesel emission control 

strategy for the engine is verified during the extension period, 

the Executive Officer shall grant an additional one-year 

extension. The Executive Officer may grant one-year 

extensions until December 31, 2012, (or December 31, 2017 for 

a municipality or utility located in a low-population county), after 

which the municipality or utility shall comply with subsection (b) 

(B) Municipality or Utility Application for Compliance Extension. A 

municipality or utility may apply to the Executive Officer for a 

compliance extension pursuant to subsection (d) for an engine no 

later than July 31 prior to each compliance deadline specified in 

subsection (c). Before requesting this extension, the municipality or 

utility shall demonstrate compliance or intent to comply with 

applicable deadlines for the remaining vehicles in the fleet. The 

municipality or utility shall meet the following application conditions 

and documentation requirements by providing the following to the 

Executive Officer: 

1. Identification of each engine, by vehicle identification number; 

engine manufacturer, model-year, family, and series; and type of 

vehicle for which no diesel emission control strategy has been 

verified; or 

2. Identification of each engine, by vehicle identification number; 

engine manufacturer, model-year, family, and series; and type of 

vehicle for which a specific diesel emission control strategy 

would void the original engine warranty and a statement from 

the engine manufacturer or authorized dealer stating the original 

engine warranty would be voided; or 
 B - 13

3. Identification of each engine and vehicle combination, by vehicle 

identification number; engine manufacturer, model-year, family, 

and series; and type of vehicle for which no diesel emission 

control strategy is commercially available and a list of 

manufacturers that have been contacted, with the 

manufacturers’ responses to a request to purchase; and 

4. A description of the reason for the request for a compliance 

extension for each engine or engine and fleet-vehicle 

combination; and 

5. A copy of the statement of compliance as required in 

subsection (f)(1)(K); and 

6. The application for compliance extension to be submitted to the 

Executive Officer no later than July 31 annually beginning 2007. 

a. A municipality or utility. For a Group 1 engine, the Executive 

Officer will accept an annual compliance-extension 

application until July 31, 2011, after which the municipality or 

utility shall comply with subsection (b) by December 31, 2012. 

The Executive Officer will only grant one compliance 

extension for an engine in Group 1. For a Group 2 engine, 

the Executive Officer will accept an annual compliance 

extension application until July 31, 2011, after which the 

municipality or utility shall comply with subsection (b) by 

December 31, 2012. 

b. A municipality or utility either located in a low-population 

county, or granted low-population county status. For a Group 

1 engine, the Executive Officer will accept an annual 

compliance extension application until July 31, 2017, after 

which the municipality or utility shall comply with

subsection (b) by December 31, 2018. The Executive Officer 

will only grant one compliance extension for an engine in 

Group 1. For a Group 2 engine, the Executive Officer will 

accept an annual compliance extension application until 

July 31, 2016, after which the municipality or utility shall 

comply with subsection (b) by December 31, 2017. 

(3) Compliance Extension for a Municipality or Utility that Operates a Dual-Fuel 

or Bi-Fuel Engine. A municipality or utility may delay implementation of a 

Group 1 or 2 dual-fuel or bi-fuel engine to the Group 3 compliance 

deadlines. 

(4) Compliance Extension for an Engine Near Retirement. If a municipality or 

utility has applied best available control technology to all engines as 

required, and the next engine subject to implementation under 

subsection (c) is scheduled to be retired from the total fleet within one year 
 B - 14

of the applicable compliance deadline, then the municipality or utility shall 

be exempted from applying the best available control technology as defined 

in subsection (b) to that engine for a maximum of one year, provided 

documentation of the expected retirement date is kept in records as 

specified in subsection (f) and the engine is retired by the stated anticipated 

date. 

(5) Use of Experimental Diesel Emission Control Strategy. A municipality or 

utility may use an experimental diesel emission control strategy provided by, 

or operated by, the manufacturer in no more than 20 vehicles, or ten 

percent of its total fleet, whichever is less, for testing and evaluation 

purposes. The municipality or utility shall keep documentation of this use in 

records as specified in subsection (f). Each vehicle will be considered to be 

in compliance for the duration of the experiment to a maximum of two years. 

The municipality or utility must bring the vehicle into compliance within six 

months of the end of the testing and evaluation period. No experimental 

diesel emission control strategy may be used on a vehicle after 

December 31, 2012. 

(6) Accelerated Turnover Option. A municipality or utility either located in a 

low-population county or granted low-population county status may follow 

the accelerated turnover option provided in subsection (c)(3), provided the 

Executive Officer has received a letter by July 31, 2008, stating the 

municipality’s or utility’s intent to comply with this option. 

(7) Light Heavy-Duty Engine Extension. A municipality or utility may apply for a 

one year extension from the 2009 compliance deadline for light heavy-duty 

engines if after counting light heavy-duty engines as a part of the total fleet

prevents the fleet from complying with the 2009 intermediate BACT 

compliance requirements in section 2022.1(c)(1). A municipality or utility 

must:

(A) Submit a letter to the Executive Officer by August 1, 2009 

requesting the light heavy-duty engine extension; 

(B) Submit documentation to demonstrate it cannot comply with 

the 2009 intermediate BACT compliance requirements in 

section 2022(c)(1) after adding light heavy-duty engines as a 

part of the total fleet size. Documentation shall include, but is 

not limited to, proof of financial hardship, budgeting schedules, 

etc. Documentation of financial hardship shall include an 

analysis of cost of compliance, sources of available funds and 

shortfall between funds available and cost of compliance; and

(C) Meet the record-keeping requirements under section

2022.1(f).
 B - 15

(8) Privately-Owned Utility Extension. A utility may be granted an extension for

Group 2 and Group 3 intermediate and final compliance deadlines as 

required in section 2022.1(c)(1) by two years, provided that thirty (30) 

percent of its fleet vehicles meet the 2010 engine emission standards, and 

twenty (20) percent of its fleet vehicles meet the 2007 or newer engine 

emission standards by December 31, 2013. A privately-owned utility must:

(A) submit a letter to the Executive Officer by December 31, 2009 stating 

the utility’s intent to comply with this section,

(B) submit records by December 31, 2009 required by section 2022.1 

(f)(1), 

(C) label each vehicle in its fleet according section 2022.1(f)(3)(G), 

(D) submit by December 31, 2011 records required by section 

2022.1(f)(1), and

(E) submit by December 31, 2013 records required by section 

2022.1(f)(1) and documentation, such as but not limited to percent of 

fleet calculations and purchase records, demonstrating the utility’s 

compliance with the above conditions. 

(e) Diesel Emission Control Strategy Special Circumstances. A municipality or utility 

shall maintain the original level of best available control technology on each engine 

once that engine is in compliance, and will not be required to upgrade to a higher 

level of best available control technology, except under specified special 

circumstances, as follows: 

(1) Fuel Strategy Diesel Emission Control Strategy. 

(A) If a municipality or utility determines that the highest level diesel 

emission control strategy for a small percentage of its fleet would be a 

level 2 fuel-based strategy, and implementation of this diesel emission 

control strategy would require installation of a dedicated storage tank, 

then the municipality or utility shall request prior approval from the 

Executive Officer to allow use of a lower level diesel emission control 

strategy; or 

(B) If a municipality or utility elects to use a fuel-based diesel emission 

control strategy across its fleet, and some vehicles can use a level 3 

hardware diesel emission control strategy, then the municipality or 

utility shall request prior approval from the Executive Officer to allow 

use of a lower level diesel emission control strategy. This provision is 

only available if a minimum level 2 diesel emission control strategy is 

used. 
 B - 16

(2) Diesel Emission Control Strategy Failure or Damage. In the event of a 

failure or damage of a diesel emission control strategy, the following 

conditions apply: 

(A) Failure or Damage During the Warranty Period. If a diesel emission 

control strategy fails or is damaged within its warranty period and the 

diesel emission control strategy manufacturer or authorized dealer 

determines it cannot be repaired, the municipality or utility shall 

replace the diesel emission control strategy with either the same level 

diesel emission control strategy or another best available control 

technology as defined in subsection (b). 

(B) Failure or Damage Outside of Warranty Period. If a diesel emission 

control strategy fails or is damaged outside of its warranty period, and 

it cannot be repaired, the municipality or utility shall apply the best 

available control technology at the time of replacement, as defined in 

subsection (b). 

(3) Discontinuation of Fuel Verified as a Diesel Emission Control Strategy. If a 

municipality or utility discontinues use of a fuel verified as a diesel emission 

control strategy, the municipality or utility shall apply best available control 

technology within 30 days of the date of discontinuation or submit a 

compliance plan to the Executive Officer no later than 30 days after 

discontinuation that demonstrates how the municipality or utility will bring 

the vehicles into compliance within six months of the date of discontinuation. 

(4) Limited Use of Level 1 Diesel Emission Control Strategy. If a Level 1 diesel 

emission control strategy is identified as the best available control 

technology pursuant to subsection (b), a municipality or utility is subject to 

the following limitations: 

(A) Group 1

1. A municipality or utility may not use a Level 1 diesel emission 

control strategy on any Group 1 engine. 

2. Exception for low-population counties. The limitation in (A)1. 

does not apply to a vehicle owned or operated by a municipality 

or utility located in a low-population county (Table 2), or to a 

vehicle owned or operated by a municipality or utility that has 

been granted low-population county status. 

(B) Group 2

1. Ten year limit. A municipality or utility may use a Level 1 diesel 

emission control strategy in a Group 2 engine for up to ten 

years. The municipality or utility shall then replace the Level 1 

diesel emission control strategy with the best available control 
 B - 17

technology from subsection (b). The replacement cannot be a 

Level 1 diesel emission control strategy. 

2. Exception for low-population counties. The limitation in (B)1. 

does not apply to a vehicle owned or operated by a municipality 

or utility located in a low-population county (Table 2) or to a 

vehicle owned or operated by a municipality or utility that has 

been granted low-population county status. 

(C) Group 3 and 4

1. Five year limit. A municipality or utility may use a Level 1 diesel 

emission control strategy in a Group 3 and 4 engine for up to 

five years. The municipality or utility shall then replace the 

Level 1 diesel emission control strategy with the best available 

control technology from subsection (b). The replacement cannot 

be a Level 1 diesel emission control strategy. 

2. Exception for low-population counties. The limitation in (C)1. 

does not apply to a vehicle owned or operated by a municipality 

or utility located in a low-population county (Table 2) or to a 

vehicle owned or operated by a municipality or utility that has 

been granted low-population county status. 

(f) Record-Keeping Requirement. A municipality or utility shall maintain the following 

records. The municipality or utility shall provide the following records upon request 

to an agent or employee of the Air Resources Board for all vehicles in its total fleet 

subject to compliance with this regulation. 

(1) Records to be Kept For Inspection. Beginning December 31, 2007, the 

municipality or utility shall keep the following records either in hard-copy 

format or as computer records: 

(A) A list by vehicle identification number of vehicles, identifying each 

vehicle type; engine manufacturer, model-year, family, and series; 

and status as a total fleet or low usage vehicle; and 

(B) Correlated to each vehicle, the installed diesel emission control 

strategy family name, its serial number, manufacturer, installation 

date, and if using a Level 1 or Level 2 verified diesel emission control 

strategy, the reason for the choice; and 

(C) Records of maintenance for each installed diesel emission control 

strategy; and 

(D) For fuel or fuel additives used as a diesel emission control strategy, 

the most recent two years’ worth of records of purchase that 

demonstrate usage; and 
 B - 18

(E) For each low usage vehicle, or low-population county low usage 

vehicle, its mileage or engine hours as of December 31 of each year 

beginning 2007, and records to document its five-year mileage or 

engine hours, as of December 31 of each year beginning 2007, 

correlated to the vehicle identification information in paragraph (1)(A) 

above; and 

(F) If a municipality or utility is located in a low-population county or has 

been granted low-population county status, documentation affirming 

that the vehicle is not operated at any time in a metropolitan statistical 

area as defined by the U.S. Census Bureau; and 

(G) For each engine for which a municipality or utility is claiming an 

extension pursuant to paragraph (d)(4), the retirement date correlated 

to the vehicle identification information in paragraph (1)(A) above; and 

(H) For each engine for which a municipality or utility is claiming an 

extension pursuant to paragraph (d)(5), the records of the test plan, 

including start and end dates of the experiment; diesel emission 

control strategy manufacturer name and contact information 

(representative, address, and phone number); name and type of 

experimental diesel particulate matter emission control strategy; and 

targeted data to be generated by experiment and correlated to the 

vehicle identification information in paragraph (1)(A) above; and 

(I) For each engine for which a municipality or utility located in a lowpopulation county is following the accelerated turnover path in 

Table 3, the date of each engine repower correlated to the vehicle 

identification information in paragraph (1)(A) above; and 

(J) Records to document the retirement of a vehicle. For each vehicle or 

engine to be retired, list the vehicle identification number, engine 

manufacturer, model-year, family, and series. For each vehicle that 

will be transferred to another fleet in California, include also the 

information required by sections 2022.1(f)(1)(B) and a statement of 

compliance that the vehicle meets the provisions of section 2022.1(b). 

For each vehicle or engine to be retired, provide the date of 

retirement, and written confirmation from the recipient of the retired 

vehicle or engine that the destination of the vehicle or its engine 

meets the requirements of the definition of “retirement” or “retire” in 

section 2022(b). 

(K) Vehicles sold outside of the State of California. For a vehicle to 

qualify for retirement, a municipality or utility must:

1. Submit to the Executive Officer a completed VIN Stop

application, which includes: vehicle license plate number, 

vehicle identification number, vehicle model-year, vehicle 
 B - 19

make, vehicle model, engine manufacturer, engine serial 

number, and engine model year; 

2. Receive and maintain VIN Stop submittal to Department of 

Motor Vehicles in municipality’s or utility’s records; and

3. Obtain and maintain out-of-state buyer’s contact information, 

such as name, address and phone number for the vehicle sold 

outside of the State of California and acknowledgement of the 

vehicle’s operational status.

(K)(L) A statement of compliance, prepared beginning December 31, 2007, 

and renewed each December 31, thereafter until December 31, 2012, 

with low-population counties continuing until December 31, 2018, 

certifying that the municipality’s or utility’s engines are in compliance 

as required, including the following: 

1. “The [insert name of municipality or utility] vehicles at terminal 

[insert terminal identification number or address] are in 

compliance with title 13, California Code of Regulations, 

section 2022.1”; and 

2. The municipality’s or utility’s name, address, and business 

telephone; and the signature of the municipality’s or utility’s 

agent and the date signed. 

(2) Inspection of Records at the Terminal. Beginning December 31, 2007, the 

municipality or utility shall provide to any ARB representative any records 

required to be maintained by the municipality or utility pursuant to 

subsection (f)(1), by appointment, at the terminal where a vehicle normally 

resides. 

(3) Records Kept in the Vehicle. For each vehicle, beginning 

December 31, 2007, the municipality or utility shall keep the following 

information in the form of a legible and durable label affixed to the driver’s 

side door jamb, or another readily accessible location known to the driver of 

each vehicle: 

(A) For each installed diesel emission control strategy, the diesel 

emission control strategy family name as specified in title 13, 

California Code of Regulations, section 2706(g)(2), and the 

installation date; or 

(B) Engine model-year and planned compliance date, and a statement 

that the vehicle is following the accelerated turnover option, if 

applicable; or 
 B - 20

(C) Designation as a low usage vehicle or low-population county low 

usage vehicle (as applicable) and the vehicle’s mileage or hours as of 

December 31 of each year beginning December 31, 2007; or 

(D) Engine model-year and terminal where the vehicle is permanently 

housed if the municipality or utility is located in a low-population 

county or has been granted low-population county status; or 

(E) Engine model-year and retirement date for an engine for which a 

municipality or utility is claiming an extension pursuant to 

paragraph (d)(4); or 

(F) Engine model-year and the beginning and the ending dates for the 

test plan of an engine for which a municipality or utility is claiming an 

extension pursuant to paragraph (d)(5).; or

(G) Engine model-year and planned compliance date, and a statement 

that the vehicle is following the private utility extension, if applicable.

 (4) Each municipality or utility shall maintain these records for each vehicle until 

it is sold outside of the State of California or is no longer owned or operated 

by the municipality or utility. If ownership is transferred, the seller shall 

convey these records to the buyer, or a third-party sales representative. 

(g) Contractor Compliance Requirement. In any contract for services that a 

municipality or utility enters that has an effective date of December 31, 2007, or 

later, the municipality or utility shall include language requiring the contractor to be 

in compliance with all federal, state, and local air pollution control laws and 

regulations applicable to the contractor. 

(h) Third Party Vehicle Seller Contract Requirement. In any contract with a third party

vehicle seller for the sale of a vehicle outside of the State of California to satisfy 

retirement, a municipality or utility must: 

(1) Include in the contract that it is the third party vehicle seller’s responsibility 

to:

(A) Ensure that the vehicle is sold outside of the State of California, or if 

sold to an intermediate buyer in state, inform the intermediate buyer

in writing that the vehicle cannot be sold or operated within California 

unless the vehicle is in compliance with section 2022.1(b); 

(B) Inform the buyer in writing that the vehicle cannot be registered in 

California unless the vehicle is in compliance with section 2022.1(b); 

and

(C) Notify the buyer in writing to inform future buyers that the vehicle 

cannot be registered/operated in California unless the vehicle is in 

compliance with section 2022.1(b).
 B - 21

 

(2) Obtain a written statement from the third party vehicle seller with the buyer’s 

contact information, such as name, address, and phone number; obtain

acknowledgment of the requirements in subparagraph 2022.1(h)(1); and 

provide original copy to public agency or utility.

(h)(i) Non-Compliance. Any violations of this section may carry civil penalties as 

specified in state law and regulations, including, but not limited to, Health and Safety 

Code Section 39674. 

(1) A municipality or utility that fails to maintain the required records in 

paragraph (f)(1) may be subject to civil penalties of not less than $100 per 

day for every day past the required record-keeping date. 

(2) A municipality or utility that fails to maintain the required records in the 

vehicle as specified in paragraph (f)(3) may be subject to civil penalties of 

not less than $100 per day per vehicle for every day past the required 

record-keeping date. 

NOTE: Authority cited: Sections 39600, 39601, and 39658, Health and Safety Code. 

Reference: Sections 39002, 39003, 39655, 39656, 39657, 39658, 39659, 39660, 39661, 

39662, 39664, 39665, 39667, 39669, 39674, 39675, 43000, 43013, 43018, 43101, 

43102, 43104, 43105 and 43700, Health and Safety Code. 
 B - 22
B - 23 

PROPOSED REGULATION ORDER 

REGULATION TO CONTROL EMISSIONS FROM IN-USE ON-ROAD 

DIESEL-FUELED HEAVY-DUTY DRAYAGE TRUCKS 

Note: Proposed amendments are shown in underline to indicate additions and 

strikeout to indicate deletions, compared to the preexisting regulatory language. 

Amend section 2027, title 13, California Code of Regulations to read as follows. 

Section 2027. In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Trucks.

(a) Purpose. The purpose of this regulation is to reduce emissions and public 

exposure to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and 

other air contaminants by setting emission standards for in-use, heavy-duty 

diesel-fueled vehicles that transport cargo to and from California’s ports and 

intermodal rail facilities. 

(b) Applicability 

(1) This regulation applies to owners and operators of on-road diesel-fueled,

alternative diesel-fueled and dual-fueled heavy-duty drayage trucks 

operated at California ports and intermodal rail yard facilities. This 

regulation also applies to “motor carriers,” “marine or port terminals,” 

“intermodal rail yards,” and “rail yard and port authorities.” 

(2) This regulation does not apply to: 

(A) dedicated use vehicles; 

(B) vehicles operating under an ARB authorized emergency decree; 

(C) authorized emergency vehicles; 

(D) military tactical support vehicles; 

(E) vehicles that operate at port or intermodal rail yard properties in 

which the ARB Executive Officer has granted an annual exemption 

under the provisions of subsection (f) to local port or rail yard 

authorities; and 

(F) yard trucks. 

(c) Definitions. For purposes of this section, the definitions of Health and Safety 

Code section 39010 through 39060 apply except to the extent that such 
B - 24 

definitions may be modified by the following definitions that apply specifically to 

this regulation. 

(1) “Alternative Diesel Fuel” means any fuel used in diesel engines that is not 

a reformulated diesel fuel as defined in sections 2281 and 2282 of title 13, 

of the California Code of Regulations, and does not require engine or fuel 

system modifications for the engine to operate, other than minor 

modifications (e.g., recalibration of the engine fuel control) that may 

enhance performance. Examples of alternative diesel fuels include, but 

are not limited to, biodiesel, Fischer-Tropsch fuels, and emulsions of water 

in diesel fuel. Natural gas is not an alternative diesel fuel. An emission 

control strategy using a fuel additive will be treated as an alternative diesel 

fuel based strategy unless:

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

mechanism, or

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

of the engine, or

(C) the additive and base fuel are not mixed until engine fueling 

commences, and no more additive plus base fuel combination is 

mixed than required for a single fueling of a single engine or 

vehicle. 

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

(32) “ARB Designees” are defined as those entities that ARB designates or 

contracts with to perform certain functions or provide specific services on 

its behalf under this regulation. 

(43) “Authorized Emergency Vehicle” is as defined in Vehicle Code section 

165. 

(54) “Average Daily Drayage Truck Visits” is determined by dividing the total 

number of truck visits within a calendar month by the total number of 

intermodal rail yard open days for that same calendar month as 

represented by the following equation: 

(

Total number of truck visits

Total number of intermodal rail yard 

open days 

= Average daily truck count )

 Where: 

(A) a ‘truck visit’ is defined as each occurrence of a drayage 

truck transgressing from outside intermodal rail yard property 

onto intermodal rail yard property; and, 
B - 25 

(B) an ‘open day’ is defined as a calendar day in which an 

intermodal rail yard has drayage truck traffic. 

(65) “Beneficial Cargo Owner” is a cargo owner, the person for whose account 

the ocean or rail transportation is provided, the person to whom delivery is 

to be made, a shippers' association, or an ocean or rail transportation 

intermediary that accepts responsibility for payment of all applicable 

charges. 

(76) “Bill of Lading” is a document that states the terms of the contract between 

a shipper and a transportation company. It serves as a document of title of 

the goods shipped, a contract of carriage, and a receipt for goods. 

(87) “CARB Diesel Fuel” is diesel fuel certified by ARB as meeting the fuel 

specification standards set forth at title 13, California Code of Regulations 

(CCR) section 2280 et seq. 

(98) “Class I Railroad” is a freight railway based on large revenues ($250 

million or more) in comparison to the revenues of Class II (which ranges 

from greater than $20 million but less than $250 million) and Class III (less 

than $20 million) railways, as defined by the Surface Transportation Board 

(STB). 

(10) “Compression Ignition Engine” means an internal combustion engine with 

operating characteristics significantly similar to the theoretical diesel 

combustion cycle. The regulation of power by controlling fuel supply in 

lieu of a throttle is indicative of a compression ignition engine. 

(119) “Dedicated Use Vehicles” are uni-body vehicles that do not have separate 

tractor and trailers and include but are not limited to: 

(A) Dedicated auto transports; 

(B) Dedicated fuel delivery vehicles; 

(C) Concrete mixers; 

(D) On-road mobile cranes 

(1210) “Diesel Fuel” means any fuel that is commonly or commercially known, 

sold, or represented by the supplier as diesel fuel, including any mixture or 

primarily liquid hydrocarbons (HC) – organic compounds consisting 

exclusively of the elements carbon and hydrogen – that is sold or 

represented by the supplier as suitable for use in an internal combustion, 

compression – ignition (CI) engine. 
B - 26 

(1311) “Diesel-Fueled” means a CI engine fueled by diesel fuel, CARB diesel 

fuel, or jet fuel, or alternative diesel fuel in whole or part, including liquid 

natural gas (LNG) engines using diesel-fuel for pilot injection are subject 

to the requirements of this regulation. 

(1412) “Diesel particulate matter (diesel PM)” means the particles found in the 

exhaust of diesel-fueled compression ignition engines. Diesel PM may 

agglomerate and adsorb other species to form structures of complex 

physical and chemical properties. ARB has identified diesel PM as a toxic 

air contaminant. 

(1513) “Drayage Truck” means any in-use on-road vehicle with a gross vehicle 

weight rating (GVWR) of 33,000 pounds or greater operating on or 

transgressing through port or intermodal rail yard property for the purpose 

of loading, unloading or transporting cargo, such as containerized, bulk or 

break-bulk goods. 

(1614) “Drayage Truck Owner” means: 

(A) the person registered as the owner of a drayage truck as shown by 

the Department of Motor Vehicles, or its equivalent in another state, 

province, or country; or the International Registration Plan. 

or 

(B) the lessee of the truck, as indicated on the drayage truck’s 

registration pursuant to Vehicle Code section 4453.5. 

(1715) “Drayage Truck Operator” means the driver of the vehicle or any person, 

party or entity that controls operation of a drayage truck at a port or 

intermodal rail yard facility. 

(1816) “Drayage Truck Registry (DTR)” is an ARB database that contains 

information on all trucks that conduct business at California ports and 

intermodal rail yards. 

(1917) “Drayage Truck Registry Number” is a unique identifier issued to the 

owner of a drayage truck upon registering in the DTR and corresponds to 

the truck registered. 

(2018) “DTR Compliant” means that a drayage truck is currently compliant with 

the requirements of the regulation, including the requirements for the DTR 

and emission standards. 

(21) “Dual-Fuel Engine” means any compression ignition engine that is 

engineered and designed to operate on a combination of alternative fuels, 

such as compressed natural gas (CNG) or liquefied petroleum gas (LPG) 
B - 27 

and diesel fuel or an alternative diesel fuel. These engines have two 

separate fuel systems, which inject both fuels simultaneously into the 

engine combustion chamber. A dual-fuel engine is not an alternative-fuel 

engine. 

(2219) “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 

drayage truck owners and operators that threatens public health and 

safety or the reasonable flow of goods movement. 

(2320) “Emergency Decree” means a determination by the Executive Officer that 

an emergency event has occurred that requires the immediate temporary 

operation of drayage trucks at ports and intermodal rail yard facilities. 

(2421) “Executive Officer” is the Executive Officer of ARB or his/her authorized 

representative. 

(2522) “Gross Vehicle Weight Rating (GVWR)” is as defined in Vehicle Code 

Section 350. 

(2623) “Heavy-Duty” is a manufacturer’s gross vehicle weight rating of greater 

than 33,000 pounds. 

(2724) “Intermodal Rail Yard” is any rail facility owned or operated by a Class I 

railroad where cargo is transferred from drayage truck to train or viceversa that: 

 (A) is within 80 miles of a port; 

 or, 

(B) is located more than 80 miles from the nearest port and having, on 

or after January 2008, 100 or more average daily drayage truck 

visits in any one calendar month. 

Once a rail yard, identified in (B) above, has 100 or more average daily 

drayage truck visits in any one month, the rail yard will be considered an 

intermodal rail yard and will be subject to all provisions of this regulation 

regardless of the size of future average daily drayage truck visits. 

Intermodal rail yards include, but are not limited to, the following facilities: 

Union Pacific (UP) Oakland, Burlington Northern Santa Fe (BNSF) Hobart, 

LATC Union Pacific, Commerce UP, Richmond BNSF, Commerce Eastern 

BNSF, ICTF UP, San Bernardino, Stockton Intermodal BNSF, Lathrop 

Intermodal UP, and BNSF Oakland.
B - 28 

(2825) “International Registration Plan” is a registration reciprocity agreement 

among states of the United States and provinces of Canada providing for 

payment of license fees on the basis of total distance operated in all 

jurisdictions. 

(2926) “Lessee” has the same meaning as in Vehicle Code section 371. 

(3027) “Liquid Natural Gas (LNG) Fueled Trucks” are drayage trucks that utilize a 

heavy-duty pilot ignition engine that is designed to operate using an 

alternative fuel, except that diesel fuel is used for pilot ignition at an 

average ratio of no more than one part diesel fuel to ten parts total fuel on 

any energy equivalent basis. An engine that can operate or idle solely on 

diesel fuel at any time does not meet this definition. 

(3128) “Marine or Port Terminals” means wharves, bulkheads, quays, piers, 

docks and other berthing locations and adjacent storage or adjacent areas 

and structures associated with the primary movement of cargo or 

materials from vessel to shore or shore to vessel including structures 

which are devoted to receiving, handling, holding, consolidating and 

loading or delivery of waterborne shipments or passengers, including 

areas devoted to the maintenance of the terminal or equipment. For the 

purposes of this regulation, the term includes but is not limited to 

production or manufacturing areas, warehouses, storage facilities, and 

private or public businesses or entities located on or surrounded by port 

property. 

(3229) “Military Tactical Support Vehicles” is as defined in title 13, CCR, section 

1905. 

(3330) “Motor Carrier” is a business intermediary that contracts with beneficial 

cargo owners, ship companies, port terminals or Class I railroads for pickup and delivery of goods and with drayage truck owners, who it dispatches 

to ports and/or intermodal rail yards to pick up and deliver such goods. 

(3431) “On-road” means a vehicle that is designed to be driven on public 

highways and roadways and that is registered or is capable of being 

registered by the California Department of Motor Vehicles (DMV) under 

Vehicle Code sections 4000 et seq. – or DMV’s equivalent in another 

state, province, or country; or the International Registration Plan. A 

vehicle covered under ARB’s In-Use Off-Road Regulation, title 13, CCR, 

section 2449 is not an on-road vehicle. 

(3532) “Oxides of nitrogen (NOx)” means compounds of nitric oxide, nitrogen 

dioxide, and other oxides of nitrogen. Nitrogen oxides are typically created 
B - 29 

during combustion processes and are major contributors to smog 

formation and acid deposition. 

(3633) “Port” is the port property where marine and port terminals are typically 

located for the loading and unloading of water-borne commerce onto and 

from ocean-going vessels. For purposes of this regulation, port does not 

include port property that is not related to or primarily used to engage in 

water-borne commerce. Ports covered by this regulation include, but are 

not limited to, the Port of Long Beach, Port of Los Angeles, Port of 

Humboldt Bay, Port of San Diego, Port of Hueneme, Port of Oakland, Port 

of San Francisco, Port of Sacramento, Port of Stockton, Port of Redwood 

City, Port of Crockett, Port of Richmond, Port of Pittsburg, and the Port of 

Benicia. 

(3734) “Port Authority” means those entities, either public or private, that are 

responsible for the operation of the ports. 

(3835) “Port Property” means publicly or privately owned property where a port is 

located. It is the property that includes the physical boundaries, either 

contiguous or non-contiguous, of the port and may include other 

properties owned by the port. For the purposes of this regulation, port 

property includes privately owned property located within a publicly or 

privately owned port property’s boundaries. 

(3936) “Rail Yard Authority” means those entities, either public or private, that are 

responsible for the operation of Class I rail yards. 

(4037) “Rail Yard Property” means the property constituting the physical 

boundaries of intermodal rail yards. For the purposes of this regulation, 

rail yard property also includes privately owned property located within 

intermodal rail yard boundaries. 

(4138) “Uni-Body Vehicles” are vehicles that do not have a separate tractor and 

trailer and include but are not limited to: 

(A) concrete mixers; 

(B) on-road mobile cranes; 

(C) on-road construction equipment. 

(4239) “Vehicle” is as defined in Vehicle Code Section 670. 

(4340) “Verified Diesel Emission Control Strategy (VDECS)” is an emission 

control strategy that has been verified pursuant to the “Verification 

Procedure, Warranty and In-Use Compliance Requirements for In-Use 
B - 30 

Strategies to Control Emissions from Diesel Engines” in Title 13, California 

Code of Regulations, commencing with section 2700, and incorporated by 

reference. 

(4441) “Yard Truck” means an off-road mobile utility vehicle used to carry cargo 

containers with or without chassis; also known as a utility tractor rig (UTR), 

yard tractor, yard goat, yard hustler, or prime mover. 

(d) Requirements and Compliance Deadlines. Drayage trucks subject to this 

regulation must meet the following requirements by the compliance deadlines 

detailed in both Phase 1 AND Phase 2. 

(1) Phase 1: By December 31, 2009, all drayage trucks must be equipped 

with:

 (A) By December 31, 2009, all drayage trucks must be equipped with:

1.(A) 1994 – 2003 model year engine certified to California or 

federal emission standards and a level 3 VDECS for PM 

emissions; 

or, 

2.(B) 2004 or newer model year engine certified to California or 

federal emission standards; 

or, 

3.(C) a 1994 or newer model year engine that meets or exceeds 

2007 model year California or federal emission standards. 

(B) After December 31, 2011, all drayage trucks with 2004 model year 

engines must be equipped with the highest level VDECS for PM 

emissions.

(C) After December 31, 2012, all drayage trucks with 2005 - 2006 

model year engines must be equipped with the highest level 

VDECS for PM emissions.

(2) Phase 2: After December 31, 2013, all drayage trucks must be equipped 

with a 1994 or newer model year engine that meets or exceeds 2007 

model year California or federal emission standards. 

(3) Drayage Truck Owner Requirements

(A) Drayage truck owners shall: 
B - 31 

1. meet all applicable requirements and deadlines set forth in 

Phases 1 and 2 above; 

2. if an aftermarket level 3 VDECS is installed, be able to 

demonstrate that: 

a. the VDECS has been verified by ARB for use with the 

engine and vehicle, as described in the Executive Order 

for the VDECS; 

b. use of the vehicle must be consistent with the conditions 

of the Executive Order for the VDECS; 

c. the VDECS is installed in a verified configuration; 

d. the engine met the engine manufacturer’s operational 

specifications prior to the VDECS installation; 

e. the VDECS label is visible; 

f. the level 3 VDECS is mounted in a safe and secure 

manner on the vehicle consistent with provisions in

(3)(A)(2)(c) above, and the fixed position of the level 3 

VDECS does not obscure vehicle rear view or side mirror 

visibility in any way. 

g. all emission control devices are functioning properly and 

maintained per manufacturer’s specifications; 

h. in the event of a failure or damage of an aftermarket 

level 3 VDECS or an OEM equivalent diesel emissions

control system while the device is still under warranty, it 

has taken prompt action to repair or replace the device 

by the manufacturer or authorized dealer with the same 

level of VDECS or OEM equivalent diesel emissions 

control system within 45 days of first noticing or being 

notified of the failure or damage to the device. 

i. it has adhered to the terms and conditions in the 

aftermarket manufacturer or OEM warranty governing the 

use of the device. 

j. if the failure or damage to the level 3 VDECS or OEM 

equivalent diesel emissions control system occurs after 
B - 32 

expiration of the warranty period, it has taken prompt 

action to personally repair or replace the failed or 

damaged device with the same level VDECS or OEM 

equivalent diesel emissions control system available for 

the engine within 90 days of first noticing or being notified 

of the failure or damage to the device. 

k. it has not misused, dismantled, or tampered with any 

components of the level 3 VDECS or OEM equivalent 

diesel emissions control system, except for purposes of 

recommended periodical maintenance by an authorized

agent, or when it is necessary to detach the device to 

service the vehicle. 

3. register with the DTR, according to subsection (e); 

4. be able to demonstrate that the drayage truck operator has 

been informed about the information required under 

subsection (d)(5)(A)(4) for the dispatching motor carrier and 

instructed to provide such information to any enforcement 

personnel listed in subsection (i), upon request. 

(B) Phase 1 compliance deadline extension: 

 1. Drayage truck owners may apply for a one-time, one-year, 

per-truck Phase 1 compliance deadline extension. The 

compliance deadline application must be either electronically 

filed or postmarked by June 1, 2009. To receive the 

 Phase 1 compliance deadline extension, a drayage truck 

owner must demonstrate all of the following: 

a. the engine installed on his/her current truck is a 

California or federally certified 1994 – 2003 model

year engine; 

b. the truck was registered with the DTR prior to 

June 1, 2009; 

c. no Level 3 diesel emission control technology verified 

by ARB for use on that combination of truck and 

engine was available at the time the extension was 

filed. 

2. Compliance extension applications shall be submitted to 

ARB at: 
B - 33 

California Air Resources Board 

 Drayage Truck Phase1 Extension, SSD 

 P.O. Box 2815 

 Sacramento, CA, 95812 

 or electronically through ARB’s drayage truck website; 

 http://www.arb.ca.gov/drayagetruck 

3. If after the one-year extension ARB verified technology is still 

unavailable, the truck owner must comply with the regulation 

within 90 days of the expiration of the extension by replacing 

the existing heavy duty truck and / or engine with a truck or 

engine that meets or exceeds the Phase 1 requirements. 

(4) Drayage Truck Operator Requirements

Drayage truck operators shall, upon request, provide the dispatching 

motor carrier’s contact information as detailed in subsection (d)(5)(A)(4) 

to authorized enforcement personnel as set forth in subsection (i). 

(5) Motor Carrier Requirements

(A) Each motor carrier shall: 

1. provide a copy of this regulation or an ARB approved 

summarized version to each drayage truck owner that it 

contracts with for deliveries to ports and intermodal rail 

yards; 

2. only dispatch drayage trucks to a port or intermodal rail yard 

that meet emission standards and compliance deadlines set 

forth in Phases 1 and 2 in subsection (d); 

3. only dispatch drayage trucks to ports and intermodal rail 

yards that are registered and in good standing with the 

Drayage Truck Registry (DTR) and are DTR compliant;

4. demonstrate that it has only dispatched drayage trucks 

whose operators have been informed to provide the motor 

carrier information listed below, upon request, to 

enforcement personnel, as listed in subsection (i).

a. the motor carrier’s business name; 

b. contact person’s name; 

c. motors carrier’s street address, state, and zip code; 

d. contact person’s business phone number. 
B - 34 

5. keep a record of all dispatched drayage trucks containing the 

information set forth in (a) through (d) below for a minimum 

of five years from the dispatch date. Dispatch records are to 

be made available to enforcement personnel within 72 hours 

of an official written or oral request. 

a. truck dispatch date and time; 

b. bill of lading or tracking number; 

c. truck license plate number and issuing state; 

d. Drayage Truck Registry number. 

 

(6) Marine or Port Terminals and Intermodal Rail Yard Requirements 

(A) Starting September 30, 2009, marine or port terminals and 

intermodal rail yards shall collect the following information for each 

drayage truck subject to this regulation that enters the facility that is 

not DTR compliant as determined by information contained within 

the Drayage Truck Registry. 

1. Dispatching motor carrier: 

a. business name of dispatching motor carrier; 

b. contact person’s name; 

c. street address, state, zip code of the dispatching 

motor carrier; 

d. phone number of the dispatching motor carrier; 

e. bill of lading or tracking number. 

2. Drayage truck: 

a. entry date and time; 

b. registered owner’s name; 

c. operator’s name; 

d. operator’s license number; 

e. drayage truck’s license plate number and state of 

issuance; 

f. drayage truck’s vehicle identification number (VIN). 

 

 All information collected in subsection (d)(6) shall be kept for a 

period of not less than five years from the truck entry date and is to 

be made available to enforcement personnel within 72 hours of an 

official written or oral request. 

(B) Marine or port terminals and intermodal rail yards shall report the 

information collected in subsection (A) above to their respective 
B - 35 

authorities according to schedule (A) below and in a format 

acceptable to their respective authority. 

Schedule A: Terminal and Intermodal Rail Yard Reporting Schedule 

 

(7) Port Authorities and Rail Yard Authorities Requirements

 

(A) Port and rail yard authorities shall respectively report the 

information collected by the port terminals and intermodal rail 

yards, as detailed in subsection (d)(6), to, and in a manor and 

format prescribed by, ARB according to Schedule B below. ARB 

reporting parameters are detailed on ARBs website 

 http://www.arb.ca.gov/drayagetruck. 

Schedule B: Port and Rail Yard Authority Reporting Schedule 

(B) Port and rail yard authorities shall ensure their respective terminals 

and/or intermodal rail yards abide by all Schedule A reporting 

deadlines. 

(C) Rail yard authorities operating rail yards located greater than 80 

miles from the nearest port with less than 100 average daily 

drayage truck visits for each calendar month starting January 2008, 

must complete and submit quarterly verification reports according 

to Schedule B and in a format approved by ARB. 

 The first quarterly verification report shall include average daily 

drayage truck visits for each calendar month starting with the 

Date Truck Enters 

Terminal or Intermodal 

Rail Yard 

Date by which Information is to 

be Reported to 

Port or Rail Authority 

January 1 – March 31 April 15 

April 1 – June 30 July 15 

July 1 – September 30 October 15 

October 1 – December 31 January 15 

Date by which Information is to be Reported to the 

California Air Resources Board 

May 15 

August 15 

November 15 

February 15 
B - 36 

effective date of the regulation and submitted to ARB according to 

schedules A and B above. Subsequent quarterly verification 

reports shall include average daily drayage truck visits for the three 

calendar months prior to each reporting date. Quarterly verification 

reports shall include, but are not limited to, the following 

information; 

a. reporting rail yard authority contact information; 

b. rail yard name and address; 

 c. average daily drayage truck visits by calendar month. 

Quarterly verification applications and additional guidelines 

can be obtained by contacting ARB at: 

California Air Resources Board 

 Rail Yard Daily Truck Verification, SSD 

 P.O. Box 2815 

 Sacramento, CA, 95812 

 or electronically through ARB’s drayage truck website; 

 http://www.arb.ca.gov/drayagetruck 

(e) Drayage Truck Registry Requirements 

(1) Truck Owner Requirements 

(A) Owners of all drayage trucks doing business at a port or intermodal 

rail yard prior to September 30, 2009 and intending to continue 

operations after that date must register with the DTR database by 

September 30, 2009. 

 

(B) Drayage trucks intending to begin operations at a port or intermodal 

rail yard after September 30, 2009 must be registered with the DTR 

database prior to commencing operations. 

(C) Owners of all drayage trucks covered by the regulation must 

provide the following information to ARB or its designee by mail to 

the address in subsection (e)(2) or electronically through ARB’s 

DTR website http://www.arb.ca.gov/drayagetruck. The information 

shall include but may not be limited to: 

1. truck owner name, address, and contact information (e.g. 

phone number, email address, fax number); 

2. engine make, model, and model year; 
B - 37 

3. vehicle identification number (VIN); 

4. vehicle license number and state of issuance; 

5. compliance status, which shall include: 

a. identifying whether the drayage truck has complied 

with the requirements of Phases 1 and 2, set forth in 

subsection (d) above; 

b. if so, how was compliance achieved (e.g. new 

compliant truck or description of the level 3 VDECS

that was used), who did the installation work, and 

when was it completed; 

c. if not, identifying when the drayage truck is scheduled 

to come into compliance under Phases 1 or 2. 

(D) After filing the initial application, the drayage truck owner shall 

within 30 days of bringing a truck into compliance with Phase 1 or 

Phase 2, update the DTR with the vehicle’s compliance status 

information and any other changes to the vehicle’s ownership, DMV 

registration status, or participation status in IRP. 

(2) Mailing Address for Filing Initial Applications and Updates. Drayage truck 

owners shall submit DTR applications and any updated information to 

ARB at: 

California Air Resources Board 

 c/o Drayage Truck Registry, SSD 

 P.O. Box 2815 

 Sacramento, CA, 95812 

(3) Failure to register with the DTR or submittal of false information is a 

violation of state law and subject to civil or criminal penalty. 

(f) Annual Port or Rail Yard Exemption 

(1) Annual Exemption. An annual exemption may be granted, under limited 

circumstances, by the ARB Executive Officer to ports or rail yards. An 

exemption may cover a clearly defined portion or the entirety of a port or 

rail yard. The Executive Officer will exempt a port or rail yard that is able 

to demonstrate one or more of the following: 
B - 38 

(A) port or rail yard land is not typically used for truck traffic and its 

primary function or location does not include or attract drayage 

trucks covered under this regulation (e.g. a shoreline animal 

sanctuary); 

(B) the overwhelming majority of trucks accessing the port or rail yard 

are exempted under this regulation (e.g. a port where only 

dedicated auto transports are in service). 

 (2) The Exemption Request

(A) a port or rail yard requesting an exemption shall mail the request to: 

California Air Resources Board 

 Port / Rail Yard Exemption, SSD 

 P.O. Box 2815 

 Sacramento, CA, 95812 

or may send it electronically to ARBs’ website 

http://www.arb.ca.gov/drayagetruck using the request form 

available on the site. 

(B) the request must be completed and submitted annually (via the 

same website or address listed above) no later than January 1 of 

the year prior to the exemption year (e.g. a 2010 year exemption 

application must be completed and submitted by January 1, 2009); 

(C) the request will be approved or disapproved by the Executive 

Officer no later than July 1, of the year prior to the exemption year. 

The Executive Officer will then issue an exemption to be valid for 

the specified port or rail yard for the specified exemption year. 

(g) Penalties. Any person who fails to comply with the performance requirements of 

this regulation, who fails to submit any information, report, or statement required 

by this regulation, or who knowingly submits any false statement or 

representation in any application, report, statement, or other document filed, 

maintained, or used for the purposes of compliance with this regulation may be 

subject to civil or criminal penalties under sections 39674, 39675, 42400, 

42400.1, 42400.2, 42402,.2, and 43016 of the Health and Safety Code. In 

assessing penalties, the Executive Officer will consider factors, including but not 

limited to the willfulness of the violation, the length of time of noncompliance, 

whether compliance was attempted, and the magnitude of noncompliance. 

(h) Right of Entry. For the purpose of inspecting on-road vehicles covered in this 

regulation, and their records to determine compliance with these regulations, an 

agent or employee of ARB, upon presentation of proper credentials, has the right 
B - 39 

to enter any facility (with any necessary safety clearances) where on-road 

vehicles are located or on-road vehicle records are kept. 

(i) Enforcement. Enforcement of this section may be carried out by authorized 

representatives of ARB, port and rail yard authorities; peace officers as defined in 

California Penal Code, Title 3, chapter 4.5, sections 830 et seq. and their 

respective law enforcement agencies; and authorized representatives of air 

pollution control or air quality management districts. 

 

(j) Relationship to Other Law. Nothing in this section allows drayage trucks to 

operate in violation of other applicable law, including, but not limited to: 

(1) California Vehicle Code; 

(2) California Health and Safety Code; 

(3) division 3, title 13, California Code of Regulations; 

(4) any applicable ordinance, rule, or requirement as stringent as, or more 

stringent than, than the requirements of subsection (d) of this regulation. 

(k) Severability. If any subsection, paragraph, subparagraph, sentence, clause, 

phrase, or portion of this regulation is, for any reason, held invalid, 

unconstitutional, or unenforceable by any court of competent jurisdiction, such 

portion shall be deemed as a separate, distinct, and independent provision, and 

such holding shall not affect the validity of the remaining portions of the 

regulation. 

Note: Authority Cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 39667, 

39674, 39675, 42400, 42400.1, 42400.2, 42402.2., 42410, 43013, 43016, 43018, 

43023, 43600, California Health and Safety Code. Reference: Sections 39650, 39658, 

39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 

40717.9, 43013, 43016, and 43018, 43023, 43600, California Health and Safety Code. 
B - 40 
B - 41 

PROPOSED REGULATION ORDER 

 IN-USE OFF-ROAD DIESEL-FUELED FLEETS 

Note: Proposed amendments are shown in underline to indicate additions and 

strikeout to indicate deletions, compared to the preexisting regulatory language. 

The symbol “*****” indicates that regulatory text not being amended is not shown. 

Amend section 2449, title 13, California Code of Regulations to read as follows. 

§ 2449. General Requirements for In-Use Off-Road Diesel-Fueled Fleets. 

(a) Purpose

***** 

(b) Applicability 

Except as provided in the paragraphs below, the regulation applies to any person, 

business, or government agency who owns or operates within California any dieselfueled or alternative diesel fueled off-road compression ignition vehicle engine with 

maximum power of 25 horsepower (hp) or greater that is used in a two-engine crane or 

to provide motive power in a workover rig or to provide motive power in any other motor 

vehicle that (1) cannot be registered and driven safely on-road or was not designed to 

be driven on-road, and (2) is not an implement of husbandry or recreational off-highway 

vehicle. Unless they are workover rigs or two-engine cranes, vVehicles that were 

designed to be driven on-road, have on-road engines, and still meet the original 

manufacturer’s on-road engine emission certification standard are considered on-road 

and are specifically excluded from this regulation, even if they have been modified so 

that they cannot be registered and driven safely on-road. Off-road vehicles that were 

designed for off-road use and have off-road engines are considered off-road and are 

subject to this regulation, even if they have been modified so that they can be driven 

safely on-road. 

(c) Definitions

(56) “Two-Engine Crane” means a mobile diesel-powered machine with a hoisting 

mechanism mounted on a specially constructed truck chassis or carrier; one 

engine provides motive power, and a secondary engine is used to lift and move 

materials and objects.

(567) “Verified Diesel Emission Control Strategy” (VDECS) means an emissions 

control strategy, designed primarily for the reduction of diesel PM emissions, 

which has been verified pursuant to the Verification Procedures. VDECS can be 

verified to achieve Level 1 diesel PM reductions (25 percent), Level 2 diesel PM 

reductions (50 percent), or Level 3 diesel PM reductions (85 percent). VDECS 
B - 42 

may also be verified to achieve NOx reductions. See also definition of Highest 

Level VDECS. 

(578) “VDECS Failure” means the condition of not achieving the emissions 

reductions to which the VDECS is verified. Such condition could be due to 

inappropriate installation, damage, or deterioration during use. If a Level 3 

VDECS is emitting visible smoke, it should be assumed to have failed. 

(589) “Workover rig” means a mobile self-propelled rig used to perform one or 

more remedial operations, such as deepening, plugging back, pulling and 

resetting liners, on a producing oil or gas well to try to restore or increase the 

well’s production. 

(d) Performance Requirements -

***** 

(e) Special Provisions/Compliance Extensions 

***** 

(7) Exemption for Low-Use Vehicles - Low-use vehicles are exempt from the 

performance requirements in sections 2449(d)(4) through 2449(d)(6) and 

2449(d)(8) through 2449(d)(10), 2449.1(a), 2449.2(a) and 2449.3(d), but still 

must meet the idling limits in section 2449(d)(3) and adding vehicles 

requirements in section 2449(d)(7) and be labeled and reported in accordance 

with sections 2449(f) and (g). Low-use vehicles need not be included when 

calculating fleet average indices or target rates, when determining fleet size, or 

when calculating the required horsepower for the BACT turnover and retrofit 

requirements in sections 2449.1(a)(2) and 2449.2(a)(2). 

Vehicles that formerly met the low-use vehicle definition, but whose use 

increases to 100 hours per year or greater must meet the adding vehicles 

requirements in section 2449(d)(7) and meet the BACT requirements or be 

included in the fleet average calculation by the next compliance date. For 

example, a formerly low-use engine that exceeds 100 hours per year between 

March 1, 2013 and February 28, 2014 must be included in the fleet average 

indices and target rates reported in 2014. 

***** 

(14) Two-Engine Cranes – Both engines in a two-engine crane are subject to this 

regulation. For purposes of the rounding provisions in section 2449.1(a)(2)(a)7., 

neither engine in the two-engine crane is required to be turned over until the 

horsepower required to be turned over under section 2449.1(a)(2)(A) is at least 
B - 43 

half the sum of the maximum power of the primary and secondary engine in the 

two-engine crane. 

(15) On-road Registered Vehicles with Off-road Engines – If a workover rig or 

other on-road registered vehicle subject to this regulation with an off-road engine 

is repowered and will be registered and driven on-road, it must be repowered 

with an on-road certified engine of the same model year or newer as the engine 

being replaced.

(f) Labeling 

***** 

(g) ReportingReporting is required for each and every fleet. Large and medium fleets may report 

separately for different divisions or subsidiaries of a given company or agency. Fleet 

owners may submit reporting information using forms (paper or electronic) approved by 

the Executive Officer. 

***** 

(1) Initial Reporting - 

***** 

(A) Fleet Owner –

***** 

 (B) Vehicle List – A list of each vehicle subject to this regulation along with the 

following information for each vehicle: 

1. Vehicle type; 

2. Vehicle manufacturer; 

3. Vehicle model; 

4. Vehicle model year; 

5. Vehicle serial number (i.e., for workover rigs and two-engine cranes, 

vehicle identification number); 

6. Whether the vehicle is a low-use vehicle; 

7. If the vehicle is a low-use vehicle, whether the vehicle was operated 

outside of California during the previous compliance year; 

8. Whether the vehicle is a specialty vehicle; 

9. Whether the vehicle is a vehicle used solely for emergency operations; 

10. Whether the vehicle is a dedicated snow removal vehicle; 

11. Whether the vehicle is used for agricultural operations for over half of its 

annual operating hours; 

12. Whether the vehicle is an electric vehicle that replaced a diesel vehicle; 
B - 44 

13. Whether the vehicle has been retrofit, repowered, or replaced with 

Surplus Off-road Opt-in for NOx program funding and, if so, the start and 

end dates of the contract period; 

14. Whether the vehicle has been retrofit, repowered, or replaced with Carl 

Moyer program funding; 

15. Whether the vehicle has been retrofit through a demonstration program, 

and - if so - which program; 

16. EIN if it has already been assigned; 

17. License plate number, if vehicle has a license plate. 

*****

Note: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602, 

39650, 39656, 39658, 39659, 39665, 39667, 39674, 39675, 40000, 

41511, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 42402.1, 42402.2, 

42402.4, 42403, 43000, 43000.5, 43013, 43016 and 43018, Health and 

Safety Code. Reference: Sections 39002, 39515, 39516, 39600, 39601, 

39602, 39650, 39656, 39657, 39658, 39659, 39665, 39667, 39674, 

39675, 40000, 41511, 42400, 42400.1, 42400.2, 42402.2, 43000, 

43000.5, 43013, 43016 and 43018, Health and Safety Code. 

§ 2449.3. Surplus Off-Road Opt-In for NOx (SOON) Program 

(a) Purpose 

***** 

 (b) Applicability 

***** 

(1) District Applicability – 

***** 

 (2) Fleet Applicability – Section 2449.3 applies to a fleet that: 

(A) Operates individual vehicles within the air district; 

(B) As of January 1, 2008, on a statewide level, consisted of more than 

40 percent Tier 0 and Tier 1 vehicles, and; 

(C) Has a statewide fleet with maximum power greater than 20,000 

horsepower (hp), excluding the hp from engines in two-engine cranes and 

the hp from single engine cranes formerly subject to the Cargo Handling 

Equipment Regulation. 

 ***** 
B - 45 

Note: Authority cited: Sections 39002, 39515, 39516, 39600, 39601, 39602, 43000, 

43000.5, 43013, 43016 and 43018, Health and Safety Code. Reference: Sections 

39002, 39515, 39516, 39600, 39601, 39602, 39650, 39656, 39657, 39658, 39659, 

39665, 39667, 43000, 43000.5, 43013, 43016 and 43018, Health and Safety Code.
B - 46 
B - 47

Proposed Regulation Order 

REGULATION FOR MOBILE CARGO HANDLING EQUIPMENT 

AT PORTS AND INTERMODAL RAIL YARDS

Note: Proposed amendments are shown in underline to indicate additions and 

strikeout to indicate deletions, compared to the preexisting regulatory language. 

The symbol “*****” indicates that regulatory text not being amended is not shown. 

Amend section 2479, title 13, California Code of Regulations to read as follows. 

§ 2479. Regulation for Mobile Cargo Handling Equipment at Ports and Intermodal 

Rail Yards. 

(a) Purpose 

***** 

(b) Applicability 

***** 

(c) Exemptions 

(1) The requirements of this section do not apply to mobile cargo handling 

equipment that do not operate at a port or intermodal rail yard; 

(2) The requirements of this section do not apply to portable CI engines; 

(3) The requirements of subsections (e), (f), (g), (h), and (i) do not apply to mobile 

cargo handling equipment that are not used to handle cargo at any time but are 

used for transporting personnel or fuel delivery. Examples include, but are not 

limited to, fuel delivery trucks operating solely at the terminal to deliver fuel to 

terminal equipment and vans and buses used to transport personnel; and

(4) The requirements of this section do not apply to military tactical support cargo 

handling equipment.;

(5) The requirements of this section do not apply to mobile cranes as defined in 

subsection (d)(33); and

(6) The requirements of this section do not apply to sweepers as defined in 

subsection (d)(54).

(d) Definitions 
B - 48

For purposes of this section, the definitions of Health and Safety Code section 39010 

through 39060 shall apply except to extent that such definitions may be modified by the 

following definitions that apply specifically to this regulation: 

(1) “Alternative Diesel Fuel” means any fuel used in a CI engine that is not 

commonly or commercially known, sold, or represented by the supplier as diesel 

fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM D975-81, 

“Standard Specification for Diesel Fuel Oils,” as modified in May 1982, which is 

incorporated herein by reference, or an alternative fuel, and does not require 

engine or fuel system modifications for the engine to operate, although minor 

modifications (e.g., recalibration of the engine fuel control) may enhance 

performance. Examples of alternative diesel fuels include, but are not limited to, 

biodiesel that does not meet the definition of CARB diesel fuel; Fischer-Tropsch 

fuels; emulsions of water in diesel fuel; and fuels with a fuel additive, unless: 

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

mechanism, or 

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

engine, or 

(C) the additive and base fuel are not mixed until engine fueling commences, 

and no more additive plus base fuel combination is mixed than required for a 

single fueling of a single engine. 

(2) “Alternative Fuel” means natural gas, propane, ethanol, methanol, gasoline 

(when used in hybrid electric mobile cargo handling equipment only), hydrogen, 

electricity, fuel cells, or advanced technologies that do not rely on diesel fuel. 

"Alternative fuel" also means any of these fuels used in combination with each 

other or in combination with other non-diesel fuel.

(3) “Basic Container Handling Equipment” means mobile cargo handling equipment, 

other than yard trucks, bulk cargo handling equipment, and RTG cranes, used to 

handle cargo containers. Basic Container Handling Equipment includes but is 

not limited to top handlers, side handlers, reach stackers, straddle carriers, and 

forklifts. 

(4) “Bulk Cargo Handling Equipment” means mobile cargo handling equipment, 

other than yard trucks, basic container handling equipment, and RTG cranes, 

generally used to move non-containerized cargo, including but not limited to 

dozers, excavators, loaders, tractors, mobile cranes (excluding rubber-tired 

gantry cranes), and aerial lifts, and sweepers. 

(5) “California Air Resources Board (CARB) Diesel Fuel” means any diesel fuel that 

meets the specifications of vehicular diesel fuel, as defined in title 13 CCR, 

sections 2281, 2282, and 2284. 
B - 49

(6) “Carbon Monoxide (CO)” is a colorless, odorless gas resulting from the 

incomplete combustion of hydrocarbon fuels. 

(7) “Cargo Handling Equipment” means any off-road, self-propelled vehicle or 

equipment used at a port or intermodal rail yard to lift or move container, bulk, or 

liquid cargo carried by ship, train, or another vehicle, or used to perform 

maintenance and repair activities that are routinely scheduled or that are due to 

predictable process upsets. Equipment includes, but is not limited to, mobile 

cranes, rubber-tired gantry cranes, yard trucks, top handlers, side handlers, 

reach stackers, forklifts, loaders, sweepers, aerial lifts, excavators, and dozers. 

(8) “Certified Off-road Diesel Engine” means an engine certified to California off-road 

engine emission standards under title 13 CCR, section 2423. 

(9) “Certified On-road Diesel Engine” means an engine certified to California on-road 

diesel engine emission standards under title 13 CCR, section 1956.8. 

(10) “Compression Ignition (CI) Engine” means an internal combustion engine with 

operating characteristics significantly similar to the theoretical diesel combustion 

cycle. The regulation of power by controlling fuel supply in lieu of a throttle is 

indicative of a compression ignition engine. 

(11) “Contiguous Properties” means two or more parcels of land with a common 

boundary or separated solely by a public roadway or other public right-of-way. 

(12) “Diesel Fuel” means any fuel that is commonly or commercially known, sold, or 

represented by the supplier as diesel fuel, including any mixture of primarily liquid 

hydrocarbons (HC) - organic compounds consisting exclusively of the elements 

carbon and hydrogen - that is sold or represented by the supplier as suitable for 

use in an internal combustion, compression-ignition engine. 

(13) “Diesel-Fueled” means a CI engine fueled by diesel fuel, CARB diesel fuel, or jet 

fuel, in whole or part. 

(14) “Diesel Oxidation Catalyst (DOC)” means a catalyst promoting oxidation 

processes in diesel exhaust, and usually designed to reduce emissions of the 

organic fraction of diesel particulates, gas-phase HC, and CO. 

(15) “Diesel Particulate Filter (DPF)” means an emission control technology that 

reduces PM emissions by trapping the particles in a flow filter substrate and 

periodically removes the collected particles by either physical action or by 

oxidizing (burning off) the particles in a process called regeneration. 

(16) “Diesel Particulate Matter (Diesel PM)” means the particles found in the exhaust 

of diesel-fueled CI engines. Diesel PM may agglomerate and adsorb other 

species to form structures of complex physical and chemical properties. 
B - 50

(17) “Dozer” means an off-road tractor, either tracked or wheeled, equipped with a 

blade. 

(18) “Emission Control Strategy” means any device, system, or strategy employed 

with a diesel engine that is intended to reduce emissions, including, but not 

limited to, diesel oxidation catalysts, selective catalytic reduction systems, fuel 

additives, diesel particulate filters, alternative diesel fuels, water emulsified fuels, 

and any combination of the above. 

(19) “Excavator” means an off-road vehicle consisting of a backhoe and cab mounted 

on a pivot atop an undercarriage with tracks or wheels. 

(20) “Executive Officer” means the Executive Officer of the California Air Resources 

Board or his/her designee. 

(21) “Fleet” means the total number of mobile cargo handling equipment vehicles 

owned, rented, or leased by an owner or operator at a specific terminal or 

intermodal yard location. 

(22) “Forklift” means an off-road industrial truck used to hoist and transport materials 

by means of steel fork(s) under the load. 

(23) “Fuel Additive” means any substance designed to be added to fuel or fuel 

systems or other engine-related engine systems such that it is present in-cylinder 

during combustion and has any of the following effects: decreased emissions, 

improved fuel economy, increased performance of the engine; or assists diesel 

emission control strategies in decreasing emissions, or improving fuel economy 

or increasing performance of the engine. 

(24) “Heavy-duty Pilot Ignition Engine” means an engine designed to operate using an 

alternative fuel, except that diesel fuel is used for pilot ignition at an average ratio 

of no more than one part diesel fuel to ten parts total fuel on any energy 

equivalent basis. An engine that can operate or idle solely on diesel fuel at any 

time does not meet this definition. 

(25) “Hydrocarbon (HC)” means the sum of all hydrocarbon air pollutants. 

(26) “In-Use” means a CI engine that is not a “new” CI engine. 

(27) “Intermodal Rail Yard” means any transportation facility primarily dedicated to the 

business of rail and/or intermodal rail operations where cargo is transferred to or 

from a train and any other form of conveyance, such as train to ship, ship to train, 

train to truck, or truck to train. 
B - 51

(28) “Lease” means a contract by which one conveys cargo handling equipment for a 

specified term and for a specified rent. 

(29) “Level” means one of three categories of Air Resources Board-verified diesel 

emission control strategies as set forth in title 13, CCR, section 2701 et seq: 

Level 1 means the strategy reduces engine diesel particulate matter emissions 

by between 25 and 49 percent, Level 2 means the strategy reduces engine 

diesel particulate matter emissions by between 50 and 84 percent, and Level 3 

means the strategy reduces engine diesel particulate matter emissions by 

85 percent or greater, or reduces engine emissions to less than or equal to 

0.01 grams diesel PM per brake horsepower-hour. 

(30) “Loader” means any type of off-road tractor with either tracks or rubber tires that 

uses a bucket on the end of movable arms to lift and move material; can be also 

referred to as a front-end loader, front loader, skid steer loader, backhoe, rubbertired loader, or wheeled loader. 

(31) “Military Tactical Support Cargo Handling Equipment” means cargo handling 

equipment that meets military specifications, owned by the U.S. Department of 

Defense and/or the U.S. military services, and used in combat, combat support, 

combat service support, tactical or relief operations, or training for such 

operations. 

(32) “Minimum Use Requirement” means an agreement, as part of state or local 

incentive funding programs or written agreement between mobile cargo handling 

equipment owners or operators and the Ports of Long Beach, Los Angeles, or 

Oakland, to use an emission control device on mobile cargo handling equipment 

for a specified minimum number of years and/or hours. 

(33) “Mobile Crane” means the propulsion engine of a mobile machine,crane other 

than a rubber-tired gantry crane, with a hoisting mechanism mounted on a 

specially constructed truck chassis or carrier; a mobile crane can either be a 

single-engine crane or a two-engine crane. 

(34) “Model Year” means the CI engine manufacturer’s annual production period, 

which includes January 1st of a calendar year, or if the manufacturer has no 

annual production period, the calendar year. 

(35) “Newly Purchased, Leased, or Rented Cargo Handling Equipment” means 

mobile cargo handling equipment, or a diesel-fueled CI engine installed in mobile 

cargo handling equipment, that is newly purchased, rented, or leased by an 

owner or operator on or after January 1, 2007, and is operated at a port or 

intermodal rail yard in the state of California after January 1, 2007. 

(36) “Nitrogen Oxides (NOx)” means compounds of nitric oxide (NO), nitrogen dioxide 

(NO2), and other oxides of nitrogen, which are typically created during 
B - 52

combustion processes and are major contributors to smog formation and acid 

deposition. 

(37) “Non-Methane Hydrocarbons (NMHC)” means the sum of all HC air pollutants 

except methane. 

(38) “Non-Yard Truck Mobile Cargo Handling Equipment” means all mobile cargo 

handling equipment other than yard trucks. 

(39) “Ocean-going Vessel” means a commercial, government, or military vessel 

meeting any one of the following criteria: 

(A) a vessel with a “registry” (foreign trade) endorsement on its United States 

Coast Guard certificate of documentation, or a vessel that is registered 

under the flag of a country other than the United States; 

(B) a vessel greater than or equal to 400 feet in length overall (LOA) as defined 

in 50 CFR § 679.2, as adopted June 19, 1996; 

(C) a vessel greater than or equal to 10,000 gross tons (GT ITC) per the 

convention measurement (international system) as defined in 46 CFR 

69.51-.61, as adopted September 12, 1989; or 

(D) a vessel propelled by a marine compression ignition engine with a percylinder displacement of greater than or equal to 30 liters. 

(40) “Off-Road Engine” means an engine used in an off-road vehicle, or piece of 

equipment, including a certified on-road diesel engine. 

(41) “Off-Road Vehicle or Equipment” means any non-stationary device, including 

registered motor vehicles, powered by an internal combustion engine or motor, 

used primarily off the highways to propel, move, or transport persons or property. 

(42) “Owner or Operator” means any person subject to the requirements of this 

section, including but not limited to: 

(A) an individual, trust, firm, joint stock company, business concern, partnership, 

limited liability company, association, or corporation including but not limited 

to, a government corporation; and 

(B) any city, county, district, commission, the state or any department, agency, 

or political subdivision thereof, any interstate body, and the federal 

government or any department or agency thereof to the extent permitted by 

law. 

(43) “Particulate Matter (PM)” means the particles found in the exhaust of CI engines, 

which may agglomerate and adsorb other species to form structures of complex 

physical and chemical properties. 
B - 53

(44) “Port” means a place, which typically consists of different terminals, where cargo 

is loaded onto and unloaded from ocean-going vessels primarily. A port includes 

military terminals that operate cargo handling equipment when located as part of, 

or on contiguous properties with, non-military terminals. 

(45) “Portable CI Engine” means a compression ignition (CI) engine designed and 

capable of being carried or moved from one location to another. Indicators of 

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

trailer, or platform. Portable engines are not self-propelled. 

(46) “Purchased” means the date shown on the front of the cashed check, the date of 

the financial transaction, or the date on the engine purchasing agreement, 

whichever is earliest. 

(47) “Railcar Mover” means an off-road vehicle fitted with rail couplers and capable of 

traveling on both roads and rail tracks. 

(48) “Reach Stacker” means an off-road truck-like cargo container handler that uses 

an overhead telescopic boom that can reach across two or more stacks of cargo 

containers and lift the containers from the top. 

(49) “Registered Motor Vehicle” means a yard truck or other cargo handling vehicle 

that is registered as a motor vehicle under Vehicle Code section 4000, et seq. 

(50) “Rent” means payment for the use of mobile cargo handling equipment for a 

specified term. 

(51) “Retirement” or “Retire” means an engine or vehicle that will be taken out of 

service by an owner or operator and will not be operated at a port or intermodal 

rail yard in the State of California. The engine may be sold outside of California 

or scrapped. 

(52) “Rubber-tired Gantry Crane or RTG Crane” means an off-road overhead cargo 

container crane with the lifting mechanism mounted on a cross-beam supported 

on vertical legs which run on rubber tires. 

(53) “Side Handler or Side Pick” means an off-road truck-like cargo container handler 

that uses an overhead telescopic boom to lift empty or loaded cargo containers 

by grabbing either two top corners on the longest side of a container, both arms 

of one side of a container, or both top and bottom sides of a container. 

(54) “Sweeper” means an off-road vehicle with attached brushes underneath that 

sweep the ground and pick up dirt and debris. 
B - 54

(55) “Terminal” means a facility, including one owned or operated by the Department 

of Defense or the U.S. military services, that operates cargo handling equipment 

at a port or intermodal rail yard. 

(56) “Tier 4 Off-road Emission Standards” means the emission standards 

promulgated by the United States Environmental Protection Agency in "Control of 

Emissions of Air Pollution from Nonroad Diesel Engines and Fuel; Final Rule" 

(Vol. 69, No. 124 Fed. Reg. pp. 38957-39273, June 29, 2004) which harmonize 

with the final amended emission standards for newly manufactured off-road 

engines approved by the Air Resources Board on December 12, 2004. 

(57) “Top Handler or Top Pick” means an off-road truck-like cargo container handler 

that uses an overhead telescopic boom to lift empty or loaded cargo containers 

by grabbing the top of the containers. 

(58) “Verification Procedure, Warranty and In-Use Compliance Requirements for 

In-Use Strategies to Control Emissions from Diesel Engines (Verification 

Procedure)” means the Air Resources Board (ARB) regulatory procedure codified 

in title 13, CCR, sections 2700-2710, which is incorporated herein by reference, 

that engine manufacturers, sellers, owners, or operators may use to verify the 

reductions of diesel PM and/or NOx from in-use diesel engines using a particular 

emission control strategy. 

(59) “Verified Diesel Emission Control Strategy (VDECS)” means an emission control 

strategy, designed primarily for the reduction of diesel PM emissions, which has 

been verified pursuant to the “Verification Procedure for In-Use Strategies to 

Control Emissions from Diesel Engines” in title 13, California Code of 

Regulations, commencing with section 2700. 

(60) “Yard truck” means an off-road mobile utility vehicle used to carry cargo 

containers with or without chassis; also known as utility tractor rig (UTR), yard 

tractor, yard goat, yard hostler, yard hustler, or prime mover. 

(e) Requirements 

***** 

(3) Fuel Requirements 

***** 

(f) Compliance Extensions 

***** 
B - 55

(g) Diesel Emission Control Strategy Special Circumstances 

***** 

(h) Alternative Compliance Plan for Non-Yard Truck Cargo Handling 

Equipment 

***** 

(i) Recordkeeping Requirements

***** 

(j) Reporting Requirements 

***** 

(k) Right of Entry 

***** 

(l) Prohibitions 

***** 

(m) Severability 

***** 

(n) Submittal of Documents 

***** 
B - 56
B - 57 

Proposed Amendments to the 

REGULATION TO ESTABLISH A STATEWIDE PORTABLE EQUIPMENT 

REGISTRATION PROGRAM 

Note: Proposed amendments are shown in underline to indicate additions and 

strikeout to indicate deletions, compared to the preexisting regulatory language. 

Amend section 2450, title 13, California Code of Regulations. 

§ 2450. Purpose. 

These regulations establish a statewide program for the registration and regulation of 

portable engines and engine-associated equipment (portable engines and equipment 

units) as defined herein. Portable engines and equipment units registered under the 

Air Resources Board program may operate throughout the State of California without 

authorization (except as specified herein) or permits from air quality management or air 

pollution control districts (districts). These regulations preempt districts from permitting, 

registering, or regulating portable engines and equipment units, including equipment 

necessary for the operation of a portable engine (e.g. fuel tanks), registered with the 

Executive Officer of the Air Resources Board except in the circumstances specified in the 

regulations. 

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

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

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

§ 2451. Applicability. 

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

engines or equipment units. 

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

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

portable engine or equipment unit may register under this regulation. 

Examples include, but are not limited to: 

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

confined and unconfined abrasive blasting, Portland concrete batch 

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

pavement recycling and crushing operations; 

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

and associated equipment used in conjunction with the following 

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

power generation, excluding cogeneration; pumps; compressors; 

diesel pile-driving hammers; welding; cranes; woodchippers; 
B - 58 

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 (zaa)(1)(A); 

(2) any engine or equipment unit not meeting the definition of portable 

as defined in section 2452 (ccdd) of this regulation; 

(3) engines, equipment units, and associated engines determined by 

the Executive Officer to qualify as part of a stationary source 

permitted by a district; 

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

Achievable Control Technology standard, or National Emissions Standard 

for Hazardous Air Pollutants, or federal New Source Performance 

Standard, except for equipment units subject to 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) 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. 
B - 59 

§ 2452. Definitions. 

(a) “Air Contaminant” shall have the same meaning as setout in section 39013 of the 

Health and Safety Code. 

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

(c) “Certified Compression-Ignition Engine” means an engine meeting the 

nonroad engine emission standards for compression-ignition engines, as set 

forth in title 13 of the California Code of Regulations (CCR) or 40 CFR Part 89 in 

effect at the time of application. 

(d) “Certified Spark-Ignition Engine” means an engine meeting the nonroad 

engine emission standards for spark-ignition engines, as set forth in title 13, CCR 

or 40 CFR Part 1048 in effect at the time of application. 

(e) “Compression-Ignition (CI) Engine” means an internal combustion engine with 

operating characteristics significantly similar to the theoretical diesel 

combustion cycle. Compression-ignition engines usually control fuel supply 

instead of using a throttle to regulate power. 

(f) “Corresponding Onshore District” means the district which has jurisdiction for 

the onshore area that is geographically closest to the engine or equipment unit. 

(g) “Crane” means the same as “Two-Engine Crane” defined in title 13, CCR, 

section 2449(c)(56). 

(gh) “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. 

(hi) “Electrical Upgrade” means replacement or addition of electrical equipment and 

systems resulting in increased generation, transmission and/or distribution capacity. 

(ij) “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. 

(jk) “Engine” means any piston driven internal combustion engine. 

(kl) “Equipment Unit” means equipment that emits PM10 over and above that 

emitted from an associated engine. 
B - 60 

(lm) “Executive Officer” means the Executive Officer of the California Air Resources 

Board or his/her designee. 

(mn) “Hazardous Air Pollutant (HAP)” means any air contaminant that is listed 

pursuant to section 112(b) of the federal Clean Air Act. 

(no) “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. 

(op) “Identical Replacement” means a substitution due to mechanical breakdown 

of a registered portable engine or equipment unit with another portable engine 

or equipment unit that has the same manufacturer, type, model number, 

manufacturer’s maximum rated capacity, and rated brake horsepower; and is 

intended to perform the same or similar function as the original portable engine 

or equipment unit; and has equal or lower emissions expressed as mass per 

unit time; and meets the emission requirements of sections 2455 through 2457 

of this article. 

(pq) “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. 

(qr) “Location” means any single site at a building, structure, facility, or installation. 

(rs) “Maximum Achievable Control Technology (MACT)” means any federal 

requirement promulgated as part of 40 CFR Parts 61 and 63. 

(st) “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. 

(tu) “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. 

(uv) “Mechanical Breakdown” means any failure of an engine’s electrical system or 

mechanical parts that necessitates the removal of the registered engine from 

service. 

(vw) “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 
B - 61 

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

limited by an enforceable registration condition, a change in the method of 

operation shall not include: 

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

maximum design capacity of the registered equipment unit to be 

exceeded; 

(2) an increase in the hours of operation; 

(3) a change of ownership; and 

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

to another. 

(wx) “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. 

(xy) “New Source Performance Standard (NSPS)” means any federal requirement 

promulgated as part of 40 CFR Part 60. 

(yz) “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.

(zaa) “Nonroad Engine” means: 

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

is any engine: 

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

purpose by both propelling itself and performing another function 

(such as garden tractors, off-highway mobile cranes and 

bulldozers); or 

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

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

or 

(C) that, by itself or in or on a piece of equipment, is portable or 

transportable, meaning designed to be and capable of being carried 

or moved from one location to another. Indicia of transportability 

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

dolly, trailer, or platform. 

(2) An engine is not a nonroad engine if: 
B - 62 

(A) the engine is used to propel a motor vehicle or a vehicle used 

solely for competition, or is subject to standards promulgated 

under section 202 of the federal Clean Air Act; or 

(B) the engine is regulated by a federal New Source Performance 

Standard promulgated under section 111 of the federal Clean Air 

Act; or 

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

definition remains or will remain at a location for more than 12 

consecutive months or a shorter period of time for an engine 

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

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

the same or similar function as the engine replaced will be 

included in calculating the consecutive time period. An engine 

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

seasonal source during the full annual operating period of the 

seasonal source. A seasonal source is a stationary source that 

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

years) and that operates at that single location approximately 

three (or more) months each year. 

(aabb) “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.). 

(bbcc) “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.

(ccdd) “Portable” means designed and capable of being carried or moved from one 

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

skids, carrying handles, dolly, trailer, or platform. For the purposes of this 

regulation, dredge engines on a boat or barge are considered portable. The 

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

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

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

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

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

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

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

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

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

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

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

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 
B - 63 

(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. 

(ddee) “Prevention of Significant Deterioration (PSD)” means any federal 

requirements contained in or promulgated pursuant to Part C of the federal Clean 

Air Act. 

(eeff) “Process” means any air-contaminant-emitting activity associated with the 

operation of a registered engine or equipment unit.

(ffgg) “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. 

(gghh) “Project, for the purposes of State Territorial Waters (STW),” means the use 

of one or more registered engines and equipment units operating under the same 

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

specified contract work that is performed in STW. For the purposes of this 

definition, a contract means verbal or written commitments covering all operations 

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

Multiple or consecutive contracts may be considered one project if they are 

intended to perform activities in the same general area, the same parties are 

involved in the contracts, or the time period specified in the contracts is 

determined by the Executive Officer to be sequential. 

(hhii) “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. 

(iijj) “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. 
B - 64 

(jjkk) “Rental Business” means a business which rents or leases registered engines 

or equipment units. 

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

equipment units not owned by that person. 

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

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

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

official shall provide sufficient documentation to prove the engine’s 

residency to the satisfaction of the Executive Officer. Examples of 

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

purchase records, maintenance records, or usage records. 

An engine permitted or registered by a district pursuant to title 17, CCR,section 

93116.3(b)(6) is not a resident engine. 

(mmnn) “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.

(nnoo) “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. 

(oopp) “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. 

(ppqq) “Statewide Registration Program” means the program for registration of 

portable engines and equipment units set out in this article. 

(qqrr) “Stationary Source” means any building, structure, facility or installation which 

emits any air contaminant directly or as a fugitive emission. “Building,” 

“structure,” “facility,” or “installation” includes all pollutant emitting activities which: 

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

operated by entities which are under common control; 

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

same two-digit standard industrial classification code or by virtue of being 
B - 65 

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

process involving a common raw material; and 

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

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

mutually exclusive.] 

(rrss) “Storage” means a warehouse, enclosed yard, or other area established for the 

primary purpose of maintaining registered engines or equipment units when not 

in operation. 

(tt) “Street Sweeper” means the same as “Dual-engine Street Sweeper” defined in 

title 13, CCR, section 2022(b)(2).

(ssuu) “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. 

(ttvv) “Third-party Rental” means a non-rental business renting or leasing registered 

engines and/or equipment units to another party by written agreement. 

(uuww) “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. 

(vvxx) “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. 

 

(wwyy) “Transportable” means the same as portable. 

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

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

use in California. 
B - 66 

(zzbbb) “Volatile Organic Compound (VOC)” means any compound containing at least 

one atom of carbon except for the following exempt compounds: acetone, 

ethane, parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), 

methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or 

carbonates, ammonium carbonates, methylene chloride (dichloromethane), 

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

CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 

(chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 

(dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-123 

(dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b 

(dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), HCFC-124 

(chlorotetrafluoroethane), HFC-23 (trifluoromethane), HFC-134 

(tetrafluoroethane), HFC-125 (pentafluoroethane), HFC-143a (trifluoroethane), 

HFC-152a (difluoroethane), cyclic, branched, or linear completely methylated 

siloxanes, the following classes of perfluorocarbons: 

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

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

unsaturations; 

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

unsaturations; and 

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

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

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

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 (ccdd) 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, 
B - 67 

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 

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 (llmm); 

and 

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

signature. 
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(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 (no) 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 

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: 
B - 69 

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

requirements of the district permit or registration apply to the registered 

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

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

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

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

the OCS and STW; or 

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

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

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

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

or 

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

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

Code Section 41700. 

Under no circumstances shall a portable engine or equipment unit be operated 

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

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

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

district permit shall take precedence at that location. 

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

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

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

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

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

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

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

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

approved by the Executive Officer. 

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

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

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

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

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

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

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

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

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

§ 2454. Registration Process. 

(a) The Executive Officer shall make registration data available to the districts via the 

Internet. 
B - 70 

(b) The Executive Officer may conduct an inspection of an engine or equipment unit 

and/or require a source test in order to verify compliance with the requirements of 

this article prior to issuance of registration. 

(c) After obtaining registration in accordance with this article, an owner or operator of 

the registered engines or equipment units: 

(1) shall comply with all conditions set forth in the issued registration. Failure 

to comply with such conditions shall be deemed a violation of this article; 

and 

(2) may operate within the boundaries of the State of California so long as 

such registered engines or equipment units comply with all applicable 

requirements of this article and any other applicable federal or State law. 

(d) Districts shall provide the Executive Officer with written reports or electronic 

submittals via the Internet, describing any inspections and the nature and 

outcome of any violation of local, State or federal laws by the owner or operator 

of registered engines or equipment units. The Executive Officer shall make 

available to all districts such information via the Internet. 

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

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

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

§ 2455. General Requirements. 

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

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

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

more registered engines or equipment units, exclusive of background 

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

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

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 (ij) of this article, is considered 

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

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

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

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

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

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

not exist, all operation of engines and equipment units covered by this provision 
B - 71 

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. 

(c) Registered diesel engines used on a crane shall comply with the applicable 

requirements in title 13, CCR,section 2449 and are otherwise exempt from 

further requirements of this section, except for subsection (f)(5).

 (d) Registered diesel engines used on a street sweeper that are not subject to the 

requirements of title 13, CCR, section 2022 shall comply with the applicable 

requirements in title 13, CCR, section 2025 and are otherwise exempt from 

further requirements of this section, except for subsection (f)(5).
B - 72 

(ce) 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 (df)(6) of this article. No other requirements of this section are applicable to 

portable engines rated less than 50 brake horsepower. 

(df) 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 (df)(1) does not apply to certified compression-ignition 

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

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

meet the requirements of title 17, CCR, sections 93116.3(b)(7) or 

93116.3.1. 

(2) meet all applicable requirements in title 17, CCR, sections 93116 through 

93116.5; 

(3) use only fuels meeting the standards for California motor vehicle fuels as 

set forth in chapter 5, division 3, title 13, CCR, commencing with section 

2250, or other fuels and/or dditives that have been verified through the 

Verification Procedure for In-Use 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 
B - 73 

(D) for registered engines operating within STW: 

(1) the offset requirements of the corresponding onshore district 

apply. Authorization from the corresponding onshore district 

is required prior to operating within STW. If authorization is 

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

conditions of the district permit supersede the requirements 

of the statewide registration for the project, except that the 

most stringent of the technology and emission concentration 

limits required by the district permit or statewide registration 

are applicable. If the registered engine does not have a 

current district permit, the terms and conditions of the 

statewide registration apply, and the corresponding onshore 

district may require offsets pursuant to district rules and 

regulations. The requirement for district offsets shall not 

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

the statewide registration program when the engine(s) is 

operated at a stationary source permitted by the district; and 

(2) the corresponding onshore district may perform an ambient 

air quality impact analysis (AQIA) for the proposed project 

prior to granting authorization. The owner or operator of 

engine(s) registered in the statewide registration program 

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

information deemed by the district to be necessary for 

performing the AQIA. Statewide registration shall not be 

valid at any location where the AQIA demonstrates a

potential violation of an ambient air quality standard. 

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

Management District (SCAQMD), 100 pounds nitrogen oxides 

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

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

1997 (optional)]; 

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

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

 

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

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

California standard pursuant to 40 CFR Part 89 or title 13, CCR has not 

yet become effective, shall not exceed 12 hours per day. 

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

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

onshore. 

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

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

annual emission limitations in section 6 above shall not apply. 

(10) Effective January 1, 2010, all registered spark-ignition engines rated at 50 

brake horsepower or greater shall be certified spark-ignition engines or 
B - 74 

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. 

 

(eg) 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. 

(fh) 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. 
B - 75 

§ 2457. Requirements for Registered Equipment Units. 

 (a) Emissions from a registered equipment unit, exclusive of emissions emitted 

directly from the associated portable engine, shall not exceed: 

(1) 10 tons per year per district of PM10; and 

(2) 82 pounds per project per day of PM10. 

(3) For registered equipment units that operate within STW and onshore, 

emissions released while operating both in STW and onshore shall be 

included toward the 10 tons per year limit. 

(b) Registered equipment units shall also meet the following applicable 

requirements: 

(1) Confined abrasive blasting operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(B) the particulate matter emissions shall be controlled using a fabric or 

cartridge filter dust collector; 

(C) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the dust 

collection equipment; 

(D) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; and 

(E) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

(2) Concrete batch plants: 

(A) all dry material transfer points shall be ducted through a fabric or 

cartridge type filter dust collector, unless there are no visible 

emissions from the transfer point; 

(B) all cement storage silos shall be equipped with fabric or cartridge 

type vent filters; 

(C) the silo vent filters shall be maintained in proper operating 

condition; 

(D) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(E) open areas and all roads subject to vehicular traffic shall be paved, 

watered, or chemical palliatives applied to prevent fugitive 

emissions in excess of 20 percent opacity or Ringelmann 1; 
B - 76 

(F) silo service hatches shall be dust-tight; 

 (G) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the fabric dust 

collection equipment; 

(H) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; 

(I) all aggregate transfer points shall be equipped with a wet 

suppression system to control fugitive particulate emissions unless 

there are no visible emissions; 

(J) all conveyors shall be covered, unless the material being 

transferred results in no visible emissions; 

(K) wet suppression shall be used on all stockpiled material to control 

fugitive particulate emissions, unless the stockpiled material results 

in no visible emissions; and 

(L) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

 (3) Sand and gravel screening, rock crushing, and pavement crushing and 

recycling operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 1 or equivalent 

20 percent opacity; 

(B) there shall be no visible emissions beyond the property line on 

which the equipment is being operated; 

(C) all transfer points shall be ducted through a fabric or cartridge type 

filter dust collector, or shall be equipped with a wet suppression 

system maintaining a minimum moisture content unless there are 

no visible emissions; 

(D) particulate matter emissions from each crusher shall be ducted 

through a fabric dust collector, or shall be equipped with a wet 

suppression system which maintains a minimum moisture content 

to ensure there are no visible emissions; 

(E) all conveyors shall be covered, unless the material being 

transferred results in no visible emissions; 

(F) all stockpiled material shall be maintained at a minimum moisture 

content unless the stockpiled material results in no visible 

emissions; 

(G) as a part of application for registration, the applicant shall provide 

manufacturer’s specifications or engineering data to demonstrate a 

minimum particulate matter control of 99 percent for the fabric dust 

collection equipment; 

(H) except for vent filters, each fabric dust collector shall be equipped 

with an operational pressure differential gauge to measure the 

pressure drop across the filters; 
B - 77 

(I) open areas and all roads subject to vehicular traffic shall be paved, 

watered, or chemical palliatives applied to prevent fugitive 

emissions in excess of 20 percent opacity or Ringelmann 1; and 

(J) if applicable, the operation shall comply with the requirements of 40 

CFR Part 60 Subpart OOO. 

(4) Unconfined abrasive blasting operations: 

(A) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark as or darker than Ringelmann 2 or equivalent 

40 percent opacity; 

(B) only California Air Resources Board-certified abrasive blasting 

material shall be used [Note: see title 17, CCR, section 92530 for 

certified abrasives.]; 

(C) the abrasive material shall not be reused; 

(D) no air contaminant shall be released into the atmosphere which 

causes a public nuisance; 

(E) all applicable requirements of title 17, CCR shall also apply; and 

(F) there shall be no visible emissions beyond the property line on 

which the equipment is being operated. 

(5) Tub grinders and trommel screens: 

(A) there shall be no visible emissions beyond the property line on 

which the equipment is being operated; 

(B) no air contaminant shall be discharged into the atmosphere for a 

period or periods aggregating more than three minutes in any one 

hour which is as dark or darker than Ringelmann 1 or equivalent 

20 percent opacity; and 

(C) water suppression or chemical palliatives shall be used to control 

fugitive particulate emissions from the tub grinder whenever the tub 

grinder is in operation, unless there are no visible emissions. 

(c) Registered equipment units not described in section 2457(b) above, shall be 

subject to the most stringent district Best Available Control Technology (BACT) 

requirements in effect for that category of source at the time of application for 

registration. 

(d) No change in equipment unit configuration, operating scenario, or number of 

transfer points from that set out in the registration for the equipment unit shall be 

made unless a complete application for modification has been filed and approved 

by the Executive Officer prior to operation. 

 
B - 78 

(e) Registration is not valid for any equipment unit operating at a location if by virtue 

of the activity to be performed hazardous air pollutants will be emitted (e.g., rock 

crushing plant operating in a serpentine quarry). [Note: The equipment unit 

would be subject to the requirements of the district in which the equipment unit is 

operated.] 

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

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

41753, 41754, and 41755, Health and Safety Code. 
B - 79 

§ 2458. Recordkeeping and Reporting. 

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

rental, operated by a PEPS, used on a crane, used on a street sweeper, 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 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 (ffgg) or (gghh), 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 - 80 

(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 

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, CCR, section 

93116, the owner shall keep records and submit reports in accordance with title 

17, CCR, section 93116.4. 
B - 81 

(e) Except for registered engines or equipment units owned by a rental business, 

used in a third-party rental, operated by a PEPS, used on a crane, used on a 

street sweeper, 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; 

(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. 
B - 82 

(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. 

(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. 

(k) Registered diesel engines used on a crane shall comply with the applicable 

requirements in title 13, CCR, section 2449 and are otherwise exempt from the 

requirements of this section.

(l) Registered diesel engines used on a street sweeper sweeper that are not subject 

to the requirements of title 13, CCR, section 2022 shall comply with the 

applicable requirements in title 13, CCR, section 2025 and are otherwise exempt 

from the requirements of this section.

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

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

41754, and 41755, Health and Safety Code. 

§ 2459. Notification. 

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

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

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

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

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

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

requirements above, unless the owner or operator and the district, by mutual 
B - 83 

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, 

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. 
B - 84 

§ 2460. Inspections and Testing. 

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

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

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

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

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

above, as specified below: 

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

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

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

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

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

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

district to arrange for an inspection by that other district. 

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

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

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

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

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

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

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

non-field inspections for which no fee is charged. 

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

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

at the hourly rate specified in Table 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 3. 

(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 
B - 85 

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

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

“unreasonable” include, but are not limited to: 

 

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

made to schedule the inspection; 

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

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

provided advance notification to the owner or operator that the 

registered engine or equipment unit is required to be observed in 

operation. 

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

arranged inspections for multiple engines in order to qualify for an 

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

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

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

equipment list and registration numbers to the district to arrange for 

inspection of multiple engines. The inspections shall be completed within 

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

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

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

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

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

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

noting the registration number of the registered engine or 

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

one-year period; and 

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

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

engine or equipment unit inspected within 30 days. 

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

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

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

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

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

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

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

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

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

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

emission standard, emission limit or other emission related requirement contained 

in this regulation. 
B - 86 

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

methods approved by the Executive Officer: 

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

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

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

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

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

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

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

requirements of this regulation shall not be required for certified 

 compression-ignition engines and spark-ignition engines. 

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

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

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

affect engine emissions are identified. 

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

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

41754, and 41755, Health and Safety Code. 

§ 2461. Fees. 

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

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

recover the estimated costs to the Executive Officer for evaluating registration 

applications, and issuing registration documentation. 

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

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

in circumstances as determined by the Executive Officer. 

(c) Except as provided in (k) below, 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 
B - 87 

(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 

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. 
B - 88 

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

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

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

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

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

shall be determined as follows: 

(1) For tier 1 engines, as defined in section 2452(uuww), 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(vvxx), registration fees as 

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

verified by the Executive Officer) or the model year of the engine (if 

purchase date is not available). 

Table 2 Registration Fees For Resident Engines Per Section 2452(llmm)(2) 

Portable Engine 

Date* 

Application 

Submitted on or 

Before 12/31/07

Application 

Submitted in 

2008 

Application 

Submitted in 

2009 

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

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

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

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

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

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

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

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

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

2005 $935 $1,240 $2,165 

2006 $778 $1,030 $1,850 

 *As determined in section 2461(k) 
B - 89 

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 
B - 90

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(df)(10) and 17 CCR 93116.3(b)(1)(A), registrations and renewals will be valid 

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

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

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

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

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

paying all applicable fees when due. 

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

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

41755, Health and Safety Code. 

§ 2463. Suspension or Revocation of Registration.

(a) The Executive Officer for just cause may suspend or revoke registration in any of the 

following circumstances: 

(1) the holder of registration has violated one or more terms and conditions of 

registration or has refused to comply with any of the requirements of this 

article; 

(2) the holder of registration has materially misrepresented the meaning, findings, 

effect or any other material aspect of the registration application, including 

submitting false or incomplete information in its application for registration 

regardless of the holder’s personal knowledge of the falsity or incompleteness 

of the information; 

(3) the test data submitted by the holder of registration to show compliance with 

this regulation have been found to be inaccurate or invalid; 

(4) enforcement officers of the ARB or the districts, after presentation of proper 

credentials, have been denied access, during normal business hours or hours 

of operation, to any facility or location where registered engines and 

equipment units are operated or stored and are prevented from inspecting 

such engines or equipment units as provided for in this article (the duty to 

provide access applies whether or not the holder of registration owns or 

controls the facility or location in question); 

(5) enforcement officers of the ARB or the districts, after presentation of proper 

credentials, have been denied access to any records required by this 

regulation for the purpose of inspection and duplication; 
B - 91

(6) the registered engine or equipment unit has failed in-use to 

comply with the findings set forth in the registration. For the purposes of this 

section, noncompliance with the registration may include, but is not limited to: 

(A) a repeated failure to perform to the standards set forth in this article; or 

(B) modification of the engine or equipment unit that results in an increase 

in emissions or changes the efficiency or operating conditions of such 

engine or equipment unit, without prior notice to and approval by the 

Executive Officer; or 

(7) the holder of registration has failed to take requested corrective action as set 

forth in a Notice of Violation or Notice to Comply within the time period set 

forth in such notice or as otherwise specified in writing by the issuing district. 

(8) the holder of the registration has failed to pay fees assessed by either the 

Executive Officer or district within 120 after the specified due date and there is 

no pending appeal. 

(b) A holder of registration may be subject to a suspension or revocation action pursuant 

to this section based upon the actions of an agent, employee, licensee, or other 

authorized representative. 

(c) The Executive Officer shall notify each holder of registration by certified mail of any 

action taken by the Executive Officer to suspend or revoke any registration granted 

under this article. The notice shall set forth the reasons for and evidence supporting 

the action(s) taken. A suspension or revocation is effective upon receipt of the 

notification. 

(d) A holder of registration having received a notice to revoke or suspend registration 

may request that the action be stayed pending a hearing under section 2464. In 

determining whether to grant the stay, the Executive Officer shall consider the 

reasonable likelihood that the registration holder will prevail on the merits of the 

appeal and the harm the holder of registration will likely suffer if the stay is not 

granted. The Executive Officer shall deny the stay if the adverse effects of the stay 

on the public health, safety, and welfare outweigh the harm to the holder of 

registration if the stay is not granted. 

(e) Once a registration has been suspended pursuant to (a) above, the holder of 

registration shall satisfy and correct all noted reasons for the suspension and submit 

a written report to the Executive Officer advising him or her of all such steps taken by 

the holder before the Executive Officer will consider reinstating the registration. 

(f) After the Executive Officer suspends or revokes a registration pursuant to this 

section and prior to commencement of a hearing under section 2464, if the holder of 

registration demonstrates to the Executive Officer’s satisfaction that the decision to 

suspend or revoke the registration was based on erroneous information, the 

Executive Officer will reinstate the registration. 
B - 92

(g) Nothing in this section shall prohibit the Executive Officer from taking any other 

action provided for by law for violations of the Health and Safety Code. 

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

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

and 41755, Health and Safety Code. 

§ 2464. Appeals. 

 (a) Hearing Procedures. 

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

of registration whose registration has been, suspended, or revoked may 

request a hearing to review the action taken by sending a request in writing to 

the Executive Officer. A request for hearing shall include, at a minimum, the 

following: 

(A) name of applicant or holder of registration; 

(B) registration number; 

(C) copy of the Executive Order revoking or suspending registration or the 

written notification of denial; 

(D) a concise statement of the issues to be raised, with supporting facts, 

setting forth the basis for challenging the denial, suspension, or 

revocation (mere conclusory allegations will not suffice); 

(E) a brief summary of evidence in support of the statement of facts 

required in (D) above; and 

(F) the signature of an authorized person requesting the hearing. 

(2) A request for a hearing shall be filed within 20 days from the date of issuance 

of the notice of the denial, suspension, or revocation. 

(3) A hearing requested pursuant to this section shall be heard by a qualified and 

impartial hearing officer appointed by the Executive Officer. The hearing 

officer may be an employee of the ARB, but may not be any employee who 

was involved with the registration at issue. In a request for a hearing of a 

denial of registration, after reviewing the request for a hearing and supporting 

documentation provided under subsection (1) above, the hearing officer shall 

grant the request for a hearing if he or she finds that the request raises a 

genuine and substantial question of law or fact. 

(4) Except as provided in (3) above, the hearing officer shall schedule and hold, 

as soon as practicable, a hearing at a time and place determined by the 

hearing officer. 

(5) Upon appointment, the hearing officer shall establish a hearing file. The file 

shall consist of the following: 
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(A) the determination issued by the Executive Officer which is the subject 

of the request for hearing; 

(B) the request for hearing and the supporting documents that are 

submitted with it; 

(C) all documents relating to and relied upon in making the determination 

to deny registration or to suspend or revoke registration; and 

(D) correspondence and other documents material to the hearing. 

(6) The hearing file shall be available for inspection by the applicant at the office 

of the hearing officer. 

(7) An applicant may appear in person or may be represented by counsel or by 

any other duly-authorized representative. 

(8) The ARB may be represented by staff or counsel familiar with the registration 

program and may present rebuttal evidence. 

(9) Technical rules of evidence shall not apply to the hearing, except that relevant 

evidence may be admitted and given probative effect only if it is the kind of 

evidence upon which reasonable persons are accustomed to relying in the 

conduct of serious affairs. No action shall be overturned based solely on 

hearsay evidence, unless the hearsay evidence would be admissible in a 

court of law under a legally recognized exception to the hearsay rule. 

(10) The hearing shall be recorded either electronically or by a certified shorthand 

reporter. 

(11) The hearing officer shall consider the totality of the circumstances of the 

denial, suspension, or revocation, including but not limited to, credibility of 

witnesses, authenticity and reliability of documents, 

 and qualifications of experts. The hearing officer may also consider relevant 

past conduct of the applicant including any prior incidents involving other ARB 

programs. 

(12) The hearing officer’s written decision shall set forth findings of fact and 

conclusions of law as necessary. 

(13) Within 30 days of the conclusion of a hearing, the hearing officer shall submit 

a written proposed decision, including proposed finding as well as a copy of 

any material submitted by the hearing participants as part of that hearing and 

relied on by the hearing officer, to the Executive Officer. The hearing officer 

may recommend to the Executive Officer any of the following: 

(A) uphold the denial, suspension, or revocation action as issued; 

(B) reduce a revocation to a suspension; 

(C) increase a suspension to a revocation if the registration holder's 

conduct so warrants; or 

(D) overturn a denial, suspension, or revocation in its entirety. 

(14) The Executive Officer shall render a final written decision within 60 working 

days of the last day of hearing. The Executive Officer may do any of the 

following: 
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(A) adopt the hearing officer’s proposed decision;

(B) modify the hearing officer’s proposed decision; or 

(C) render a decision without regard to the hearing officer’s proposed 

decision. 

 

(b) Hearing conducted by written submission. 

(1) In lieu of the hearing procedure set forth in (a) above, an applicant may 

request that the hearing be conducted solely by written submission. 

(2) In such case the requestor must submit a written explanation of the basis for 

the appeal and provide supporting documents within 20 days of making the 

request. Subsequent to such a submission the following shall transpire: 

(A) ARB staff shall submit a written response to the requestor’s submission 

and documents in support of the Executive Officer's action no later than 

10 days after receipt of requestor’s submission; 

(B) The registration holder may submit one rebuttal statement which may 

include supporting information, as attachment(s), but limited to the 

issues previously raised; 

(C) If the registration holder submits a rebuttal, ARB staff may submit one 

rebuttal statement which may include supporting information, as 

attachment(s), but limited to the issues previously raised; and 

(D) the hearing officer shall be designated in the same manner as set forth 

in (a)(3) above. The hearing officer shall receive all statements and 

documents and submit a proposed written decision and such other 

documents as described in (a) 13 above to the Executive Officer no 

later than 30 working days after the final deadline for submission of 

papers. The Executive Officer’s final decision shall be mailed to the 

holder of registration no later than 60 days after the final deadline for 

submission of papers. 

(E) The Executive Officer shall render a final written decision within 60 

working days of the last day of hearing. The Executive Officer may do 

any of the following: 

 (1) adopt the hearing officer’s proposed decision;

(2) modify the hearing officer’s proposed decision; or 

(3) render a decision without regard to the hearing officer’s 

proposed decision. 

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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§ 2465. Penalties. 

Violation of the provisions of this article may result in civil, and/or criminal penalties 

pursuant to the California Health and Safety Code. Each day during any portion of which a 

violation occurs is a separate violation. 

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

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

41755, Health and Safety Code. 
B - 96
B - 97 

PROPOSED REGULATION ORDER 

AIRBORNE TOXIC CONTROL MEASURE FOR DIESEL PARTICULATE MATTER 

FROM PORTABLE ENGINES RATED AT 50 HORSEPOWER AND GREATER

Note: Proposed amendments are shown in underline to indicate additions and 

strikeout to indicate deletions, compared to the preexisting regulatory language. 

Amend section 93116, title 13, California Code of Regulations to read as follows.

§ 93116 Purpose. 

***** 

§ 93116.1 Applicability. 

(a) Except as provided below, all portable engines having a maximum rated 

horsepower of 50 bhp and greater and fueled with diesel are subject to this 

regulation. 

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

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

kind; 

(2) Any portable engine using an alternative fuel; 

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

diesel fuel; 

(4) Tactical support equipment; 

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

Nicolas Island; 

(6) Engines preempted from State regulation under 42 USC §7543(e)(1); 

and

(7) Portable diesel-fueled engines operated at airports that satisfy the 

following requirements: 

(A) the equipment is subject to the South Coast Ground Service 

Equipment Memorandum of Understanding (MOU); and 

(B) the participating airlines have demonstrated to the satisfaction of the 

Executive Officer that the diesel PM reductions achieved by 
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satisfying the requirements of the MOU are equivalent to the 

reductions achieved by this control measure. 

(8) Engines used exclusively on cranes shall meet all applicable 

requirements in Title 13 of the California Code of Regulations 

commencing with section 2449;

(9) Engines used exclusively on street sweepers that are not subject to Title 

13 CCR section 2022 shall meet all applicable requirements in Title 13 of 

the California Code of Regulations commencing with section 2025.

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code. 

§ 93116.2 Definitions.

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

(1) “Air Pollution Control Officer or APCO” means the air pollution control officer 

of a district, or his/her designee. 

(2) “Alternative Fuel” means gasoline, natural gas, propane, liquid petroleum gas 

(LPG), hydrogen, ethanol, or methanol. 

(3) “Alternative Diesel Fuel” means any fuel used in a compression ignition (CI) 

engine that is not, commonly or commercially known, sold or represented by 

the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in 

ASTM Standard Specification for Diesel Fuel Oils D975-81, or an alternative 

fuel, and does not require engine or fuel system modifications for the engine 

to operate, although minor modifications (e.g., recalibration of the engine fuel 

control) may enhance performance. An emission control strategy using a fuel 

additive will be treated as an alternative diesel fuel based strategy unless: 

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

mechanism, or 

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

engine, or 

(C) the additive and base fuel are not mixed until engine fueling 

commences, and no more additive plus base fuel combination is 

mixed than required for a single fueling of a single engine. 

(4) “CARB Diesel Fuel” means any diesel fuel that is commonly or commercially 

known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, 
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pursuant to the specification for Diesel Fuel Oils D975-81, and that meets the 

specifications defined in Title 13 CCR, sections 2281, 2282, and 2284. 

(5) “Certified Nonroad Engine” refers to an engine meeting an applicable nonroad

engine emission standard as set forth in Title 13 of the California Code of 

Regulations or CFR 40 Part 89. 

(6) “Crane” means the same as “Two-Engine Crane” defined in Title 13, CCR, 

section 2449(c)(56)

(67) “Diesel Fuel” means any fuel that is commonly or commercially known, sold, 

or represented by the supplier as diesel fuel, including any mixture of 

primarily liquid hydrocarbons—organic compounds consisting exclusively of 

the elements carbon and hydrogen—that is sold or represented as suitable 

for use in an engine. 

(78) “Diesel-Fueled” means fueled by diesel fuel, or CARB diesel fuel, in whole or 

part. 

(89) “Diesel Particulate Matter (PM)” means the particles found in the exhaust of 

diesel-fueled engines which may agglomerate and adsorb other species to 

form structures of complex physical and chemical properties. 

(910) “District” means a District as defined in Health and Safety Code section 

39025. 

(1011) “Dual-fuel Diesel Pilot Engine” means a dual-fueled engine that uses diesel 

fuel as a pilot ignition source at an annual average ratio of less than 5 parts 

diesel fuel to 100 parts total fuel on an energy equivalent basis. 

(1112) “Emergency” means providing electrical power or mechanical work during any 

of the following events and subject to the following conditions: 

(A) the failure or loss of all or part of normal electrical power service or 

normal natural gas supply to the facility: 

1. which is caused by any reason other than the enforcement of a 

contractual obligation the owner or operator has with a third party or 

any other party; and 

2. which is demonstrated by the owner or operator to the district 

APCO’s satisfaction to have been beyond the reasonable control of 

the owner or operator; 

(B) the failure of a facility’s internal power distribution system: 
B - 100

1. which is caused by any reason other than the enforcement of a 

contractual obligation the owner or operator has with a third party or 

any other party; and 

2. which is demonstrated by the owner or operator to the district 

APCO’s satisfaction to have been beyond the reasonable control of 

the owner or operator; 

(C) the pumping of water or sewage to prevent or mitigate a flood or sewage 

overflow; 

(D) the pumping of water for fire suppression or protection; 

(E) the pumping of water to maintain pressure in the water distribution 

system for the following reasons: 

1. pipe break; or 

2. high demand on water supply system due to high use of water for 

fire suppression; 

(F) the breakdown of electric-powered pumping equipment at sewage 

treatment facilities or water delivery facilities; 

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

purposes. 

(1213) “Emergency Event” refers to a situation arising from a sudden and reasonably 

unforeseen natural disaster such as an earthquake, flood, fire, or other acts of 

God, or other unforeseen event that requires the use of portable engines to 

help alleviate the threat to public health and safety. 

(1314) “Engine” means any piston-driven internal combustion engine. 

(1415) “Engines Used Exclusively in Emergency Applications” refer to engines that 

are used only during an emergency or emergency event, and includes 

appropriate maintenance and testing. 

(1516) “Executive Officer” means the Executive Officer of the California Air

Resources Board (CARB) or his/her designee. 

(1617)“Fleet” refers to a portable engine or group of portable engines that are 

owned and managed by an individual operational entity, such as a business, 

business unit within a corporation, or individual city or state department under 

the control of a Responsible Official. Engines that are owned by different 

business entities that are under the common control of only one Responsible 

Official shall be treated as a single fleet. 
B - 101

(1718)“Fuel Additive” means any substance designed to be added to fuel or fuel 

systems or other engine-related systems such that it is present in-cylinder 

during combustion and has any of the following effects: decreased emissions, 

improved fuel economy, increased performance of the engine; or assists 

diesel emission control strategies in decreasing emissions, or improving fuel 

economy or increasing performance of the engine. Fuel additives used in 

conjunction with diesel fuel may be treated as an alternative diesel fuel. 

(1819)“In-Use Engines” refers to portable diesel-fueled engines operating under 

valid permits or registrations as of December 31, 2005. 

(1920)“Level-3 Verified Technology” means a technology that has satisfied the 

requirements of the “Verification Procedure for In-Use Strategies to Control 

Emissions from Diesel Engines” in Title 13, California Code of Regulations, 

commencing with section 2700, and has demonstrated an reduction in diesel 

particulate matter of 85% or greater. 

(2021)“Location” means any single site at a building, structure, facility, or 

installation. 

(2122)“Low-Use Engines” refers to portable diesel-fueled engines that operate 80 

hours or less in a calendar year. 

(2223)“Maximum Rated Horsepower (brake horsepower (bhp))” is the maximum 

brake horsepower rating specified by the portable engine manufacturer and 

listed on the nameplate of the portable engine. 

(2324)“Nonroad Engine” means: 

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

is any engine: 

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

purpose by both propelling itself and performing another function 

(such as garden tractors, off-highway mobile cranes and 

bulldozers); or 

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

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

or 

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

transportable, meaning designed to be and capable of being 

carried or moved from one location to another. Indicia of 

transportability include, but are not limited to, wheels, skids, 

carrying handles, dolly, trailer, or platform. 
B - 102

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

1. the engine is used to propel a motor vehicle or a vehicle used 

solely for competition, or is subject to standards promulgated under 

section 202 of the federal Clean Air Act; or 

2. the engine is regulated by a federal New Source Performance 

Standard promulgated under section 111 of the federal Clean Air 

Act; or 

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

remains or will remain at a location for more than 12 consecutive 

months or a shorter period of time for an engine located at a 

seasonal source. Any engine(s) that replace(s) an engine at a 

location and that is intended to perform the same or similar function 

as the engine replaced will be included in calculating the 

consecutive time period. An engine located at a seasonal source is 

an engine that remains at a seasonal source during the full annual 

operating period of the seasonal source. A seasonal source is a 

stationary source that remains in a single location on a permanent 

basis (at least two years) and that operates at that single location 

approximately three (or more) months each year. 

(2425)“Off-Road Engine” means the same as nonroad engine. 

(2526)“Outer Continental Shelf (OCS)” shall have the meaning provided by section 2 

of the Outer Continental Shelf Lands Act (43 USC Section 1331 et seq.). 

(2627) “Participating Airlines” means the collective group of Individual Participating 

Airlines under the MOU, which currently is as follows: ABX Air, Inc. (formerly 

Airborne Express), Alaska Airlines, America West Airlines, American Airlines, 

ATA Airlines (formerly American Trans Air), Continental Airlines, Delta Air 

Lines, Astar Air Cargo (formerly DHL Airways), Federal Express, Hawaiian 

Airlines, Jet Blue Airways Corp., Midwest Airlines (formerly Midwest Express 

Airlines), Northwest Airlines, Southwest Airlines, United Airlines, United 

Parcel Service, and US Airways. Participating Airlines does not mean the Air 

Transportation Association of America, Inc. 

(2728) “Permit” refers to a certificate issued by the Air Pollution Control Officer 

acknowledging expected compliance with the applicable requirements of the 

district’s rules and regulations. 

(2829) “Portable” means designed and capable of being carried or moved from one 

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

wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of 

this regulation, dredge engines on a boat or barge are considered portable. 

The engine is not portable if: 
B - 103

(A) the engine or its replacement is attached to a foundation, or if not so 

attached, will reside at the same location for more than 12 consecutive 

months. The period during which the engine is maintained at a storage 

facility shall be excluded from the residency time determination. Any 

engine, such as a back-up or stand-by engine, that replace engine(s) at 

a location, and is intended to perform the same or similar function as the 

engine(s) being replaced, will be included in calculating the consecutive 

time period. In that case, the cumulative time of all engine(s), including 

the time between the removal of the original engine(s) and installation of 

the replacement engine(s), will be counted toward the consecutive time 

period; or 

(B) the engine remains or will reside at a location for less than 12 

consecutive months if the engine is located at a seasonal source and 

operates during the full annual operating period of the seasonal source, 

where a seasonal source is a stationary source that remains in a single 

location on a permanent basis (at least two years) and that operates at 

that single location at least three months each year; or 

(C) the engine is moved from one location to another in an attempt to 

circumvent the portable residence time requirements. 

(2930)“Project” means the use of one or more registered or permitted portable 

engines or equipment units operated under the same or common ownership 

or control to perform a single activity. 

(3031)“Registration” refers to either: 

(A) a certificate issued by the Executive Officer acknowledging expected 

compliance with the applicable requirements of the Statewide Portable 

Equipment Registration Program; or 

(B) a certificate issued by the Air Pollution Control Officer acknowledging 

expected compliance with the applicable requirements of the district's 

Portable Equipment Registration Program. 

(3132)“Responsible Official” refers to an individual employed by the company or 

public agency with the authority to certify that the portable engines under 

his/her jurisdiction comply with applicable requirements of this regulation. A 

company or public agency may have more than one Responsible Official. 

(3233)“Selective Catalytic Reduction (SCR) System” refers to an air pollution 

emissions control system that reduces oxides of nitrogen (NOx) emissions 

through the catalytic reduction of NOx by injecting nitrogen-containing 

compounds into the exhaust stream, such as ammonia or urea. 

(3334)“Stationary Source” means any building, structure, facility or installation that 

emits any air contaminant directly or as a fugitive emission. Building, 

structure, facility, or installation includes all pollutant emitting activities which: 
B - 104

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

operated by entities which are under common control; and 

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

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

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

connected process involving a common raw material; and 

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

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

engine are mutually exclusive.] 

(3435) “Stock Engine” means a certified diesel-fueled engine that has never been 

placed in service and is part of a supply of engines offered for sale, rent, or 

lease by a person or company who offers for sale, rent, or lease engines and 

related equipment for profit. 

(3536)“Storage” means a warehouse, enclosed yard, or other area established for 

the primary purpose of maintaining portable engines when not in operation. 

(37) “Street Sweeper” means the same as “Dual-engine Street Sweeper” defined 

in Title 13, CCR, section 2022(b)(2).

 

(3638)“Tactical Support Equipment (TSE)” means equipment using a portable 

engine, including turbines, that meets military specifications, owned by the 

U.S. Department of Defense and/or the U.S. military services or its allies, and 

used in combat, combat support, combat service support, tactical or relief 

operations, or training for such operations. Examples include, but are not 

limited to, engines associated with portable generators, aircraft start carts, 

heaters and lighting carts. 

(3739)“Tier 4 Emission Standards” refers to the final emission standards adopted by 

the U.S. EPA for newly manufactured nonroad engines. 

(3840)“Transportable” means the same as portable. 

(3941)“Verified Emission Control Strategy” refers to an emission control strategy, 

designed primarily for the reduction of diesel PM emissions which has been 

verified pursuant to the “Verification Procedure for In-Use Strategies to 

Control Emissions from Diesel Engines” in Title 13, California Code of 

Regulations, commencing with section 2700, and incorporated by reference. 

(4042)“U.S. EPA” refers to the United States Environmental Protection Agency. 

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code. 
B - 105

§ 93116.3 Requirements.

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

(1) CARB diesel fuel; or 

(2) alternative diesel fuel that has been verified through the Verification 

Procedure for In-Use Strategies to Control Emissions from Diesel 

Engines; or 

(3) CARB diesel fuel utilizing fuel additives that have been verified through 

the Verification Procedure for In-Use Strategies to Control Emissions 

from Diesel Engines. 

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

fuel blends that use an alternative diesel fuel such as biodiesel, FischerTropsch fuels, or emulsions of water in diesel fuel is available only for 

fuel blends that been verified through the Verification Procedure for InUse Strategies to Control Emissions from Diesel Engines. The credit 

granted is based upon the verified level approved by the Executive 

Officer within the Executive Order for the fuel blend.] 

(b) Diesel PM Standards 

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

(A) Except as provided in sections 93116.3(b)(1)(B) and 93116.3 

(b)(4), starting January 1, 2010, all portable diesel-fueled engines 

shall be certified to meet a federal or California standard for newly 

manufactured nonroad engines pursuant to 40 CFR Part 89 or Title 

13 of the California Code of Regulations (that is, certified to Tier 1, 

2 or 3 nonroad engine standards).1

(B) In lieu of complying with (b)(1)(A), owners of portable diesel-fueled 

engines used exclusively in emergency applications or portable 

diesel-fueled engines that qualify as low-use engines may commit 

to replacing these engines with Tier 4 engines, subject to the 

requirements below: 

 

1

 Tier 1, 2, 3, and 4 refer to nonroad engine emission standards promulgated by ARB and U.S. EPA for 

newly manufactured engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulation. 

Each successive Tier represents more stringent emission standards and the requirements are phased-in 

over time with the Tier 1 engine standards becoming effective for some engines manufactured in 1996 

and becoming effective for all engines by 2000. Tier 2 engine standards are phased in for engines 

manufactured beginning in 2001 and becomes effective for all engines by 2006. Similarly, Tier 3 engines 

are phased in for engines manufactured beginning in 2006, and Tier 4 engines are phased in for engines

manufactured beginning in 2011. 
B - 106

1. the Responsible Official shall submit written notification 

identifying the specific portable diesel-fueled engines to be 

replaced with portable diesel-fueled engines certified to the 

Tier 4 emission standards; and 

2. for each class and category of nonroad engine, replace each 

portable diesel-fueled engine so identified within two years of 

the first engine being offered for sale that satisfies the Tier 4 

emission standards. 

(2) Portable diesel-fueled engines that have not been permitted or 

registered prior to January 1, 2006, are subject to the following 

requirements: 

(A) except as specified in 93116.3(b)(45), 93116.3(b)(56), and 

93116.3(b)(67), and except as allowed under flexibility provisions 

for equipment and vehicle manufacturers and post-manufacture 

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

Code of Regulations, the portable diesel-fueled engine shall meet 

the most stringent of the federal or California emission standard for 

nonroad engines; or 

(B) upon approval by the air pollution control officer, a diesel-fueled 

portable engine not certified to an emission standard pursuant to 40 

CFR Part 89 or Title 13 of the California Code of Regulations used 

exclusively in emergency applications or qualifying as a low-use 

engine designation may only be permitted or registered by a 

district. Any engine used exclusively in emergency applications or 

qualifying as a low-use engine designation is subject to the 

requirements of section 93116.3(b)(3). 

(3) Except as provided in section 93116.3(b)(1)(B), portable diesel-fueled 

engines used exclusively in emergency applications or qualifying as lowuse engines shall satisfy one of the following requirements by January 1, 

2020: 

(A) the portable diesel-fueled engine is certified to Tier 4 

emission standards for newly manufactured nonroad 

engines; or 

(B) the portable diesel-fueled engine is equipped with a properly 

functioning level-3 verified technology; or 

(C) the portable diesel-fueled engine is equipped with a 

combination of verified emission control strategies that have 

been verified together to achieve at least 85% reduction in 

diesel PM emissions. 
B - 107

(4) Lattice boom cranes

(A) A portable diesel-fueled engine used in a lattice boom crane shall 

be exempt from the requirements of section 93116.3(b)(1)(A) if the 

Responsible Official has demonstrated to the satisfaction of the 

Executive Officer or the APCO that the portable diesel-fueled 

engine in the lattice boom crane cannot be replaced with a portable 

diesel-fueled engine that is certified to meet a federal or California 

standard for newly manufactured nonroad engines pursuant to 40 

CFR Part 89 or Title 13 of the California Code of Regulations (that 

is, certified to Tier 1, 2 or 3 nonroad engine standards).

(B) Portable diesel-fueled engines exempt from the requirements of 

section 93116.3(b)(1)(A) pursuant to section 93116.3(b)(4)(A) shall 

satisfy one of the following requirements by January 1, 2020:

1. the portable diesel-fueled engine is certified to Tier 4 

emission standards for newly manufactured nonroad 

engines; or 

2. the portable diesel-fueled engine is equipped with a properly 

functioning level-3 verified technology; or 

3. the portable diesel-fueled engine is equipped with a 

combination of verified emission control strategies that have 

been verified together to achieve at least 85% reduction in 

diesel PM emissions.

(45) Engines operated in California between March 1, 2004 and October 1, 

2006 may be permitted or registered by a district or registered in the 

Statewide Portable Equipment Registration Program until 12/31/09 if 

they meet an emission standard pursuant to 40 CFR Part 89 or Title 13 

of the California Code of Regulations. 

(56) Upon approval by the air pollution control officer, a district may permit or 

register engines operated in California between March 1, 2004 and 

October 1, 2006 that are not certified to an emission standard pursuant 

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

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

an engine not meeting the most stringent emission standard providing 

the following are met: 

(A) The engine met the most stringent emission standard in effect prior 

to the change for that horsepower range; and 

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

within six months of the effective date of the change in emission 

standards. 
B - 108

(c) Fleet Requirements 

(1) Each fleet is subject to and shall comply with the following weighted PM 

emission fleet averages expressed as grams per brake horsepower-hour 

(g/bhp-hr) by the listed compliance dates: 

Fleet Standard 

Compliance Date 

Engines <175 hp 

(g/bhp-hr) 

Engines >175 to 

749 hp 

(g/bhp-hr) 

Engines >750 hp 

(g/bhp-hr) 

1/1/13 0.3 0.15 0.25 

1/1/17 0.18 0.08 0.08 

1/1/20 0.04 0.02 0.02 

(2) For the purposes of this regulation, the portable diesel-fueled engines 

affected by the fleet provisions of this regulation include all portable 

diesel-fueled engines operated in California, including portable dieselfueled engines registered with the Statewide Portable Equipment 

Registration Program or permitted by or registered with a district. 

(3) The following portable diesel-fueled engines shall be excluded from the 

fleet requirements: 

(A) portable diesel-fueled engines operated exclusively outside of 

California or operated only within the OCS. 

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

applications. 

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

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

(4) Portable diesel-fueled engines that qualify as low-use engines and 

subsequently exceed the allowed hours of operation in a calendar year, 

or portable diesel-fueled engines that are identified to be used 

exclusively in emergency applications but subsequently are used in nonemergency applications, become immediately subject to the 

requirements of section 93116.3(c) in the year such exceedence or use 

occurs. For low-use engines, the hours of operation used for an 

emergency event shall not be counted toward the allowed hours of 

operation. 

(5) Portable alternative-fueled engines may be included in a fleet if the 

engine satisfies the requirements in section 93116.3(d)(2)(B). 
B - 109

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

(A) The diesel PM fleet emission standards in section 93116.3(c)(1) do 

not apply to: 

1. portable diesel-fueled engines equipped with properly 

operating SCR systems as of January 1, 2004; and 

2. with the approval of the Executive Officer, portable dieselfueled engines equipped with properly operating SCR systems 

after January 1, 2004. 

(B) At the request of the Responsible Official, portable diesel-fueled 

engine(s) equipped with a SCR system(s) may be included in the 

company's fleet for the purpose of complying with an applicable 

fleet emission standard. Once the engine(s) is included in a fleet, 

compliance with applicable fleet emission standards shall always 

include these diesel-fueled portable engine(s). 

(C) For all diesel-fueled portable engines equipped with SCR systems, 

the following information shall be submitted to the Executive Officer 

to demonstrate that the SCR system is operating properly: 

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

a. the following tests methods shall be used to demonstrate 

compliance: 

i. NOX shall be measured with CARB test method 

100 dated July 1997, or equivalent districtapproved test method; and 

ii. diesel PM shall be measured with CARB test 

method 5 dated July 1997 or equivalent districtapproved test method. For the purposes of this 

requirement, only the probe catch and filter catch 

("front half") is used to determine the emission 

rate, g/bhp-hr, and shall not include PM captured 

in the impinger catch or solvent extract; and 

iii. ammonia slip shall be measured with Bay Area Air 

Quality Management District Source Test 

Procedure ST-1B, Ammonia Integrated Sampling, 

dated January 1982, or other equivalent district 

approved test method. 
B - 110

b. the duration of the emission test shall be sufficient to 

document the typical operation of the portable dieselfueled engine(s); and 

c. testing shall be performed at the frequency required by 

the permit or registration. In no event shall the time 

between emission tests exceed three years. 

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

for the fleet cannot exceed the fleet standard that is in effect. Changes 

in the fleet, including portable engine additions and deletions, shall not 

result in noncompliance with this standard. 

(d) Fleet Average Calculations 

(1) General Provisions 

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

following formula: 

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

 ∑Summation for each portable engine in the fleet (bhp) 

where: 

bhp = maximum rated horsepower. 

emission = diesel PM emission rate, as determined below: 

factor 

(B) The following diesel PM emission rates shall be used with the 

above formula to determine the weighted average fleet emission 

rate: 

1. for portable diesel-fueled engines certified to a nonroad 

engine standard, the results of emission measurements 

submitted to either the U.S. EPA or CARB for the purposes 

of satisfying the appropriate emission standard; or

2. results from emission measurements from a verified 

emission control strategy may be used in conjunction with 

engine emission information; or 

3. for portable diesel-fueled engine(s) equipped with SCR 

system(s), results from valid emission tests. 
B - 111

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

outlined below: 

(A) Where equipment uses grid power for more than 200 hours in lieu 

of operating a portable diesel-fueled engine for a given project, 

the time period grid power is used may be used to reduce each 

affected engine's emission factor. The emission factor for each 

affected portable engine will be reduced proportionally by the 

percentage of time the equipment uses grid power. To receive 

credit for grid power in the fleet calculation, the recordkeeping and 

reporting requirements in section 93116.4(c)(3) shall be satisfied. 

(B) Alternative-fueled portable engines 

1. Alternative-fueled portable engines operating 100 or more 

hours may be included toward determining compliance with 

the applicable fleet emission standards. A diesel PM 

emission rate of zero shall be used in the fleet calculations 

for these engines. 

2. Alternative-fueled portable engines operating 100 or more 

hours per calendar year and added to a fleet prior to January 

1, 2009, may be counted twice in the company's fleet 

average determination toward compliance with the 2013 and 

2017 fleet emission standards. The alternative-fueled 

engine shall be certified to meet a federal or California 

standard for newly manufactured nonroad engines pursuant 

to 40 CFR Part 89 or Title 13 of the California Code of 

Regulations. 

(B) Portable diesel-fueled engines certified to Tier 4 nonroad engine 

standards that are added to a fleet prior to January 1, 2015, may 

be counted twice in the company's fleet average determination 

toward compliance with the 2013 and 2017 fleet emission 

standards. 

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752, Health 

and Safety Code. 

§ 93116.3.1 Compliance Flexibility for Diesel PM Standards.

***** 

§ 93116.4 Fleet Recordkeeping and Reporting Requirements. 

*****

§ 93116.5 Enforcement oOf Fleet Requirements. 
B - 112

(a) Both the Executive Officer and the APCO have the authority to review or seek 

enforcement action for violation of the fleet emission standard. 

(b) The CARB will make available to the districts the information the Responsible 

Official has provided to CARB to demonstrate compliance with the fleet 

standard. 

Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 43013 

and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 Health 

and Safety Code. 
B - 113

PROPOSED REGULATION ORDER 

AIRBORNE TOXIC CONTROL MEASURE TO LIMIT DIESEL-FUELED 

COMMERCIAL MOTOR VEHICLE IDLING 

Note: Proposed amendments are shown in underline to indicate additions and 

strikeout to indicate deletions, compared to the preexisting regulatory language. 

Amend section 2485, title 13, California Code of Regulations to read as follows. 

§ 2485. Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor 

Vehicle Idling. 

(a) Purpose. The purpose of this airborne toxic control measure is to reduce public 

exposure to diesel particulate matter and other air contaminants by limiting the 

idling of diesel-fueled commercial motor vehicles. 

(b) Applicability. This section applies to diesel-fueled commercial motor vehicles that 

operate in the State of California with gross vehicular weight ratings of greater 

than 10,000 pounds that are or must be licensed for operation on highways. This 

specifically includes: 

(1) California-based vehicles; and 

(2) Non-California-based vehicles. 

(c) Requirements. 

(1) Idling Restriction.

On or after February 1, 2005, the driver of any vehicle subject to this section 

shall comply with the following requirements, except as noted in subsection 

(d) below: 

(A) the driver shall not idle the vehicle’s primary diesel engine for greater 

than 5.0 minutes at any location. 

(B) the driver shall not operate a diesel-fueled auxiliary power system 

(APS) to power a heater, air conditioner, or any ancillary equipment on 

that vehicle during sleeping or resting in a sleeper berth for greater than 

5.0 minutes at any location when within 100 feet of a restricted area. 

(2) Use of Alternative Technologies. 
B - 114

(A) On or after January 1, 2008, the driver shall not operate an internal 

combustion APS on any vehicle equipped with a 2007 and subsequent 

model year primary diesel engine unless the vehicle is: 

1. equipped with an APS meeting the emissions performance 

requirements found in subsection (c)(3)(A), below; and 

2. the vehicle is equipped with a label meeting the requirements 

pursuant to section 35.B.4 of the “California Exhaust Emission 

Standards and Test Procedures for 2004 and Subsequent Model 

Heavy-Duty Diesel Engines and Vehicles,” as incorporated by 

reference in title 13, CCR, section 1956.8(b). 

(B) On or after January 1, 2008, the driver shall not operate a fuel-fired 

heater on any vehicle equipped with a 2007 and subsequent model 

year primary diesel engine unless the fuel-fired heater meets the 

emissions performance requirements found in subsection (c)(3)(B), 

below; 

(C) On or after January 1, 2008, the driver of a vehicle equipped with a 

2006 or older model year primary diesel engine may use and operate in 

California any certified internal combustion APS with or without the 

additional PM control specified in subsection (c)(3)(A)1. or any other 

certified alternative idling reduction technology. 

(3) Compliance Requirements. As an alternative to idling the primary engine, 

diesel engines/vehicles may, as an option, be equipped with alternative 

technologies, as listed and defined below in (A), (B), and (C) of this 

subsection. If so equipped, these technologies are subject to the following 

requirements: 

(A) Internal Combustion APS. 

1. In order to operate in California, an APS utilizing an internal 

combustion engine must comply with applicable California off-road 

and/or federal non-road emission standards and test procedures for 

its fuel type and power category. In addition, diesel-fueled APSs 

installed on vehicles equipped with primary engines certified to the 

2007 and subsequent model year heavy-duty diesel engine 

standards, pursuant to section 1956.8(a)(2)(A) of title 13, CCR, 

shall either, 

a. be equipped with a verified Level 3 in-use strategy for 

particulate matter control (see title 13, CCR, sections 2700 to 

2710), or 
B - 115

b. have its exhaust routed directly into the vehicle’s exhaust pipe, 

upstream of the diesel particulate matter aftertreatment device. 

2. With advance Executive Officer approval, a certifying/verifying APS 

manufacturer may petition for an alternate compliance strategy 

other than described in (A)1.a. or b. in this subsection above. 

However, this provision is limited to manufacturers that can 

demonstrate, to the satisfaction of the Executive Officer, that their 

alternative strategy is equivalent (or “cleaner”), from an emissions 

standpoint, compared to the requirement described in (A)1.a. or b. 

in this subsection above. As an example, strategies that can use 

the available electric power infrastructure, instead of solely 

operating a diesel-fueled APS for engine and/or cab heating and 

cooling, may be able to use such a strategy to demonstrate 

compliance with these requirements. 

(B) Fuel-Fired Heaters. Fuel-fired heaters must comply with the applicable

California emission standards and test procedures as specified in the 

Low Emission Vehicle program requirements found in title 13, CCR, 

subsections 1961(a)(15) and (d), or in Part I.E.1.13 of the “California 

Exhaust Emission Standards and Test Procedures for 2001 and 

Subsequent Model Passenger Cars, Light-Duty Trucks and MediumDuty Vehicles,” as incorporated by reference in title 13, CCR, section 

1961(d). However, the specified requirement that limits fuel-fired 

heaters from being operated above 40°F does not apply. 

(C) Other Idle Reduction Technologies. Other technologies that will reduce 

idling emissions may also be used, including the use of batteries, fuel 

cells, power inverter/chargers for on-shore electrical power, on-shore 

electric power infrastructure also known as truck stop electrification, and 

other technologies that produce minimal or no emissions. With the 

exception of battery and fuel cell powered APSs, power 

inverter/chargers, and electric power infrastructure, the use of other 

technologies are subject to advance Executive Officer approval and 

must be at least as effective in reducing idling emissions as the 

technologies described in subsections (c)(3)(A), above, or the NOx 

idling emission standard specified in title 13, CCR, section 

1956.8(a)(6)(C). The Executive Officer shall use good engineering 

judgment and test data to determine if an idle reduction technology 

provides idling emission controls equivalent to the standards specified 

in subsection (c)(3)(A) above, or in title 13, CCR, section 

1956.8(a)(6)(C). 

(D) Labeling Requirements. 2007 and subsequent model year commercial 

diesel vehicles equipped with an internal combustion APS meeting the 

requirements specified in subsection (c)(3)(A) shall have a label affixed 
B - 116

to the hood of the vehicle to allow operation of the APS in California. 

The labels shall meet the requirements specified in section 35.B.4 of 

the “California Exhaust Emission Standards and Test Procedures for 

2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” 

as incorporated by reference in title 13, CCR, section 1956.8(b). 

(d) Exceptions.

(1) Except when a vehicle is located within 100 feet of a restricted area, 

subsection (c)(1)(A) does not apply, if the vehicle is equipped with 

 

(A) a primary diesel engine meeting the optional NOx idling emission 

standard pursuant to title 13, CCR, section 1956.8(a)(6)(C); and 

(B) a label meeting the requirements pursuant to section 35.B.4 of the 

“California Exhaust Emission Standards and Test Procedures for 2004 

and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” as 

incorporated by reference in title 13, CCR, section 1956.8(b). 

(2) Subsection (c)(1) does not apply for the period or periods during which 

(A) a bus is idling for 

1. up to 10.0 minutes prior to passenger boarding, or 

2. when passengers are onboard; 

(B) prior to January 1, 2008, idling of the primary diesel engine is 

necessary to power a heater, air conditioner, or any ancillary 

equipment during sleeping or resting in a sleeper berth. This 

provision does not apply when operating within 100 feet of a 

restricted area; 

(C) idling when the vehicle must remain motionless due to traffic 

conditions, an official traffic control device, or an official traffic 

control signal over which the driver has no control, or at the 

direction of a peace officer, or operating a diesel-fueled APS or 

other device at the direction of a peace officer; 

(D) idling when the vehicle is queuing that at all times is beyond 100 

feet from any restricted area; 

(E) idling of the primary diesel engine, operating a diesel-fueled APS, 

or operating other devices when forced to remain motionless due to 

immediate adverse weather conditions affecting the safe operation 

of the vehicle or due to mechanical difficulties over which the driver 

has no control; 
B - 117

(F) idling to verify that the vehicle is in safe operating condition as 

required by law and that all equipment is in good working order, 

either as part of a daily vehicle inspection or as otherwise needed, 

provided that such engine idling is mandatory for such verification; 

(G) idling of the primary diesel engine, operating a diesel-fueled APS, 

or operating other devices is mandatory for testing, servicing, 

repairing, or diagnostic purposes, including regeneration or 

maintenance of the exhaust emission control device during engine 

idling when the dashboard indicator light, if so equipped, is 

illuminated indicating that regeneration or maintenance is in 

progress; 

(H) idling when positioning or providing a power source for equipment 

or operations, other than transporting passengers or propulsion, 

which involve a power take off or equivalent mechanism and is 

powered by the primary engine for: 

1. controlling cargo temperature, operating a lift, crane, pump, 

drill, hoist, mixer (such as a ready mix concrete truck), or 

other auxiliary equipment; 

2. providing mechanical extension to perform work functions for 

which the vehicle was designed and where substitute

alternate means to idling are not reasonably available; or 

3. collection of solid waste or recyclable material by an entity 

authorized by contract, license, or permit by a school or local 

government; 

(I) idling of the primary diesel engine, operating a diesel-fueled APS, 

or operating other devices when operating defrosters, heaters, air 

conditioners, or other equipment solely to prevent a safety or health 

emergency; 

(J) idling of the primary diesel engine, operating a diesel-fueled APS, 

or operating other devices by authorized emergency vehicles while 

in the course of providing services for which the vehicle is 

designed; 

(K) idling of military tactical vehicles during periods of training, testing, 

and deployment; and

(L) idling when operating equipment such as a wheelchair or people 

assist lift as prescribed by the Americans with Disabilities Act; 

(M) idling of armored cars in the course of providing services for which 

the vehicle is designed; and
B - 118

(N) idling of workover rigs while performing work for which the vehicle 

is designed.

(e) Relationship to Other Law. 

Nothing in this section allows idling in violation of other applicable law, including, 

but not limited to: 

(1) California Vehicle Code Section 22515; 

(2) Title 13, Section 2480, California Code of Regulations;

(3) California Health and Safety Code Section 40720; or 

(4) any applicable ordinance, rule, or requirement as stringent as, or more 

stringent than, this section. 

(f) Enforcement. This section may be enforced by the Air Resources Board; peace 

officers as defined in California Penal Code, title 3, chapter 4.5, Sections 830 et 

seq. and their respective law enforcement agencies’ authorized representatives; 

and air pollution control or air quality management districts. 

(g) Penalties. For violations of subsection (c)(1), (c)(2) or (c)(3), the driver of a 

subject vehicle is subject to a minimum civil penalty of 100 dollars and to criminal 

penalties as specified in the Health and Safety Code and the Vehicle Code. 

(h) Definitions.

The following definitions apply to this section: 

(1) “Armored car” is as defined in Vehicle Code Section 115 

(1)(2)“Authorized emergency vehicle” is as defined in Vehicle Code Section 165. 

(2)(3) “Auxiliary power system” or “APS” means any device that is permanently 

dedicated to the vehicle on which it is installed and provides electrical, 

mechanical, or thermal energy to the primary diesel engine, truck cab, and/or 

sleeper berth, bus’s passenger compartment or any other commercial vehicle’s 

cab, as an alternative to idling the primary diesel engine. 

(3)(4)“Bus” means any vehicle defined in Title 13, California Code of Regulations, 

Section 2480, subsections (h) (13)-(16), inclusive or as defined in the Vehicle 

Code Section 233. 
B - 119

(4)(5)“Commercial Motor Vehicle” means any vehicle or combination of vehicles 

defined in Vehicle Code Section 15210(b) and any other motor truck or bus with 

a gross vehicle weight rating of 10,001 pounds or more, except the following: 

(A) a zero emission vehicle; or 

(B) a pickup truck as defined in Vehicle Code Section 471. 

(5)(6)“Driver” is as defined in Vehicle Code Section 305.

(6)(7)“Fuel-fired heater” means a fuel burning device that creates heat for the 

purpose of (1) warming the cab or sleeper berth compartment of a vehicle or (2) 

warming the engine oil and/or coolant for easy start-up of the vehicle’s engine but 

does not contribute to the propulsion of the vehicle. 

(7)(8)"Gross vehicle weight rating" is as defined in Vehicle Code Section 350. 

(8)(9) “Highway” is as defined in Vehicle Code Section 360. 

(9)(10) “Idling" means the vehicle engine is running at any location while the 

vehicle is stationary. 

(10)(11)"Motor truck" or "motortruck" means a motor vehicle designed, used, or 

maintained primarily for the transportation of property. 

(11)(12)"Official traffic control device" is as defined in Vehicle Code Section 440. 

(12)(13) “Official traffic control signal" is as defined in Vehicle Code Section 445. 

(13)(14) “Owner” is as defined in Vehicle Code Section 460.

(14)(15) “Primary diesel engine” means the diesel-fueled engine used for vehicle 

propulsion. 

(15)(16) “Queuing” means (A) through (C) 

(A) the intermittent starting and stopping of a vehicle; 

(B) while the driver, in the normal course of doing business, is waiting 

to perform work or a service; and 

(C) when shutting the vehicle engine off would impede the progress of 

the queue and is not practicable. 

(D) Queuing does not include the time a driver may wait motionless in 

line in anticipation of the start of a workday or opening of a location 

where work or a service will be performed. 

(16)(17) “Restricted area” means any real property zoned for individual or 

multifamily housing units that has one or more of such units on it. 

(17)(18)"Safety or health emergency" means: 
B - 120

(A) a sudden, urgent, or usually unforeseen, occurrence; or 

(B) a foreseeable occurrence relative to a medical or physiological 

condition. 

(18)(19) “Sleeper berth” is as defined in Title 13, California Code of Regulations, 

Section 1265. 

(19)(20) “Vehicle” is as defined in the Vehicle Code Section 670. 

(21) “Workover rig” is as defined in Section 2449 of Title 13, California Code of 

Regulations.

Authority: Sections 39600, 39601, 39614(b)(6)(A), 39658, 39667, 43000.5(d), 

43013(b), 43013(h), 43018(b), and 43018(c), Health and Safety Code; and 

Western Oil & Gas Assn. v. Orange County Air Pollution Control Dist. (1975) 14 

Cal.3d.411. Reference: Sections 39002, 39003, 39027, 39500, 39600, 39650, 

39655, 39656, 39657, 39658, 39659, 39662, 39665, 39674, 39675, 42400, 

42400.1, 42400.2, 42400.3, 42402, 42402.1, 42402.2, 42402.3, 42403.5, 42410, 

43013, 43018, Health and Safety Code; Sections 305, 336, 350, 440, 445, 545, 

546, 642, 680, 21400, 22452, 22515, 27153, 40001, 40001(b)(5), Vehicle Code; 

and Sections 1201,1900, 1962, 2480, Title13, California Code of Regulations.
B - 121 

PROPOSED REGULATION ORDER 

EXHAUST EMISSIONS STANDARDS AND TEST PROCEDURES – 1985 AND 

SUBSEQUENT MODEL HEAVY-DUTY ENGINES AND VEHICLES 

Note: Proposed amendments are shown in underline to indicate additions and 

strikeout to indicate deletions, compared to the preexisting regulatory language. 

Amend section 1956.8, title 13, California Code of Regulations to read as follows: 

§ 1956.8. Exhaust Emissions Standards and Test Procedures – 1985 and 

Subsequent Model Heavy-Duty Engines and Vehicles. 

(a)(1) [No Change] 

(a)(2)(A) The exhaust emissions from new 2004 and subsequent model heavy-duty 

diesel engines, heavy-duty natural gas-fueled and liquefied-petroleum-gasfueled engines derived from diesel-cycle engines, and heavy-duty methanolfueled diesel engines, and the optional, reduced-emission standards for 

2002 and subsequent model engines produced beginning October 1, 2002, 

except in all cases engines used in medium-duty vehicles, shall not exceed: 

Exhaust Emission Standards for 2004 and Subsequent Model Heavy-Duty Engines, 

and Optional, Reduced Emission Standards for 2002 and Subsequent Model HeavyDuty Engines Produced Beginning October 1, 2002, Other than Urban Bus ModelYear Engines Produced From October 1, 2002 Through 2006L

 (grams per brake 

horsepower-hour [g/bhp-hr]) 

Model Year Oxides of 

Nitrogen Plus 

Non-methane 

Hydrocarbons 

Optional Oxides 

of Nitrogen Plus 

Non-methane 

Hydrocarbons 

Oxides of 

Nitrogen 

Non-methane 

Hydrocarbons

Carbon 

Monoxide Particulates 

2004-2006H 2.4 A,C,E,J 2.5 B,C,E,J n/a n/a 15.5 0.10C

October 1, 2002-2006 n/a 1.8 to 0.3 A,D,F n/a n/a 15.5 0.03 to 0.01G

2007 and 

subsequentM n/a n/a 0.20 I 0.14 15.5 0.01K 

A

This is the standard for the arithmetic sum of the oxides of nitrogen exhaust component certification 

value and the non-methane hydrocarbon exhaust component certification value, without individual 

restriction on the individual component values. 

B

This is the standard for the arithmetic sum of the oxides of nitrogen exhaust component certification 

value and the non-methane hydrocarbon exhaust component certification value, with the non-methane 

hydrocarbon individual component value not to exceed 0.5 g/bhp-hr. 

C

For 2004 through 2006 model years, emissions averaging may be used to meet this standard. 

Averaging must be based on the requirements of the averaging, banking and trading programs 

described in “California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent 
B - 122 

Model Heavy-Duty Diesel Engines and Vehicles” incorporated by reference in section 1956.8(b), 

below. 

D

A manufacturer may elect to certify to an optional reduced-emission NOx+NMHC standard between 

the values, inclusive, by 0.3 grams per brake horsepower-hour increments. Engines certified to any of 

these optional reduced-emission NOx standards are not eligible for participation in any averaging, 

banking or trading programs described in “California Exhaust Emission Standards and Test 

Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles” incorporated 

by reference in section 1956.8 (b), below. 

E May be used as the certification standard for the higher emitting fueling mode of an engine certified 

under the dual fueling mode certification process of section 1956.8(a)(4), below. 

F May be used as the certification standard for the lower emitting fueling mode of an engine certified 

under the dual fueling mode certification process of section 1956.8(a)(4), below. 

G

A manufacturer may elect to certify to an optional reduced-emission PM standard between the 

specified values, inclusive, by 0.01 grams per brake horsepower-hour increments. Engines certified to 

any of these optional reduced-emission PM standards are not eligible for participation in any 

averaging, banking or trading programs described in “California Exhaust Emission Standards and Test 

Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles” incorporated 

by reference in section 1956.8(b), below. 

H

Engine manufacturers subject to the Heavy-Duty Diesel Engine Settlement Agreements (Settlement 

Agreements)1

 must produce engines in compliance with the requirements contained in their respective 

Settlement Agreement. Most engine manufacturers subject to the Settlement Agreements are required 

to manufacture engines meeting the exhaust emission standards for 2004 and subsequent model 

years engines beginning October 1, 2002.

I

A manufacturer may elect to include any or all of its heavy-duty diesel engine families in any or all of 

the NOx emissions averaging, banking, or trading programs for heavy-duty diesel engines, within the 

restrictions described in "California Exhaust Emission Standards and Test Procedures for 1985 and 

Subsequent Model Heavy-Duty Diesel Engines and Vehicles" incorporated in section 1956.8 (b), 

below. If the manufacturer elects to include engine families in any of these programs, the NOx family 

emission limit (FEL) may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour 

(0.75 grams per megajoule) for model years before 2010; 0.50 grams per brake horsepower-hour 

(0.19 grams per megajoule) for model years 2010 and later. The FEL cap applies whether credits for 

the engine family are derived from averaging, banking, or trading programs. 

J

For 2007 through 2009 model years, a manufacturer may use these emission standards in accordance 

with section 1956.8 (a)(2)(B). A manufacturer may elect to include any or all of its heavy-duty diesel 

engine families in any or all of the NOx plus NMHC emissions averaging, banking, or trading programs 

for heavy-duty diesel engines, within the restrictions described in "California Exhaust Emission 

Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and 

Vehicles" incorporated in section 1956.8 (b), below. If the manufacturer elects to include engine 

families in any of these programs, the NOx family emission limit (FEL) may not exceed the following 

FEL caps: 2.00 grams per brake horsepower-hour (0.75 grams per megajoule) for model years. The 

FEL cap applies whether credits for the engine family are derived from averaging, banking, or trading 

programs. 

K

A manufacturer may elect to include any or all of its heavy-duty diesel engine families in any or all of 

the particulate averaging, banking, or trading programs for heavy-duty diesel engines, within the 

restrictions described in “California Exhaust Emission Standards and Test Procedures for 1985 and 

 

1

 Seven of the largest heavy-duty diesel engine manufacturers will be implementing measures to reduce 

emissions beginning October 1, 2002, to meet the requirements of the Heavy-Duty Diesel Engine 

Settlement Agreements reached with the ARB. The Heavy-Duty Diesel Engine Settlements were 

agreements reached in response to lawsuits brought by the United States Environmental Protection 

Agency and violations alleged by the ARB pertaining to excess in-use emissions caused by the use of 

defeat devices and unacceptable algorithms. Navistar signed its Settlement Agreement on October 22, 

1998. Cummins, Detroit Diesel Corporation, Caterpillar, Volvo, Mack and Renault signed their Settlement 

Agreements on December 15, 1998. 
B - 123 

Subsequent Model Heavy-Duty Diesel Engines and Vehicles” incorporated by reference in section 

1956.8 (b), below. The particulate FEL for each engine family a manufacturer elects to include in any

of these programs may not exceed an FEL cap of 0.02 grams per brake horsepower-hour (0.0075 

grams per megajoule). The FEL cap applies whether credits for the engine family are derived from 

averaging, banking, or trading programs. 

L

For 2007 and subsequent model year urban bus engines, this section applies. For urban bus modelyear engines produced from October 1, 2002 through 2006, refer to section 1956.1. 

M For model years between 2007 and 2009, transit agencies purchasing urban buses and/or urban bus 

engines shall meet the requirements set forth in section 2023.1. 

(a)(6) Heavy-Duty Diesel Engine Idling Requirements. 

(A) Engine Shutdown System Engine Shutdown System. The requirements in this 

subsection apply to engine manufacturers and original equipment manufacturers, 

as applicable, that are responsible for the design and control of engine and/or 

vehicle idle controls. 

1. Requirements: Except as provided in subsections (a)(6)(B) and (a)(6)(C), all new 

2008 and subsequent model-year heavy-duty diesel engines shall be equipped with an 

engine shutdown system that automatically shuts down the engine after 300 seconds of 

continuous idling operation once the vehicle is stopped, the transmission is set to 

“neutral” or “park”, and the parking brake is engaged. If the parking brake is not 

engaged, then the engine shutdown system shall shut down the engine after 900 

seconds of continuous idling operation once the vehicle is stopped and the transmission 

is set to “neutral” or “park.” The engine shutdown system must be tamper-resistant and 

non-programmable. A warning signal, such as a light or sound indicator inside the 

vehicle cabin, may be used to alert the driver 30 seconds prior to engine shutdown. The 

engine shutdown system must be capable of allowing the driver to reset the engine 

shutdown system timer by momentarily changing the position of the accelerator, brake, 

or clutch pedal, or other mechanism within 30 seconds prior to engine shutdown. Once 

reset, the engine shutdown system shall restart the engine shutdown sequence 

described in this paragraph above, and shall continue to do so until the engine shuts 

down or the vehicle is driven. 

2. Engine Shutdown System Override Engine Shutdown System Override: The engine 

shutdown system may be overridden, to allow the engine to run continuously at idle, 

only under the following conditions: 

 a. if the engine is operating in power take-off (PTO) mode If the engine is 

operating in power take-off (PTO) mode. 

The PTO system shall have a switch or a setting that can be switched “on” to override 

the engine shutdown system and will reset to the “off” position when the vehicle’s 

engine is turned off or when the PTO equipment is turned off. Subject to advance 

Executive Officer approval, other methods for detecting or activating PTO operation 

may be allowed; or, 
B - 124 

 b. if the vehicle’s engine coolant temperature is below 60°F.If the vehicle’s 

engine coolant temperature is below 60°F .

The engine shutdown system shall automatically be activated once the coolant 

temperature reaches 60°F or above. The engine coola nt temperature shall be measured 

with the engine’s existing engine coolant temperature sensor used for engine protection, 

if so equipped. Other methods of measuring engine coolant temperature may be 

allowed, subject to advance Executive Officer approval. 

 c. iIf an exhaust emission control device is regenerating, and keeping the 

engine running is necessary to prevent aftertreatment or engine damage, the engine 

shutdown system may be overridden for the duration necessary to complete the 

regeneration process up to a maximum of 30 minutes. Determination of what constitutes 

the need for regeneration will be based on data provided by the manufacturer at time of 

certification. Regeneration events that may require longer than 30 minutes of engine 

idling to complete shall require advance Executive Officer approval. At the end of the 

regeneration process, the engine shutdown system shall automatically be enabled to 

restart the engine shutdown sequence described in subparagraph (a)(6)(A)1. above. A 

vehicle that uses a regeneration strategy under engine idling operating conditions shall 

be equipped with a dashboard indicator light that, when illuminated, indicates that the 

exhaust emission control device is regenerating. Other methods of indicating that the 

exhaust emission control device is regenerating may be used with advance Executive 

Officer approval. 

 d. If servicing or maintenance of the engine requires extended idling 

operation. The engine's electronic control module may be set to temporarily deactivate 

the engine shutdown system for up to a maximum of 60 minutes. The deactivation of 

the engine shutdown system shall only be performed with the use of a diagnostic scan 

tool. At the end of the set deactivation period, the engine's electronic control module 

shall reset to restart the engine shutdown system sequence described in subparagraph 

(a)(6)(A) above. 

(B) Exempt Vehicles Exempt Vehicles. Heavy-duty diesel engines to be used in 

buses as defined in California Vehicle Code sections 233, 612 and 642, school 

buses as defined in California Vehicle Code section 545, recreational vehicles as 

defined in Health and Safety Code 18010, medium duty vehicles as defined in 

section 1900(b)(13) of title 13, California Code of Regulations, military tactical 

vehicles as defined in section 1905 of title 13, California Code of Regulations, 

and authorized emergency vehicles as defined in California Vehicle Code section 

165, armored cars, as defined in California Vehicle Code sections 115, and 

workover rigs, as defined in section 2449 of title 13, California Code of 

Regulations are exempted from these requirements. 

(C) Optional NOx idling emission standard Optional NOx idling emission standard. In 

lieu of the engine shutdown system requirements specified in subsection 

(a)(6)(A) above, an engine manufacturer may elect to certify its new 2008 and 

subsequent model-year heavy-duty diesel engines to an optional NOx idling 

emission standard of 30 grams per hour. Compliance with this optional standard

will be determined based on testing conducted pursuant to the supplemental 
B - 125 

NOx idling test cycle and procedures specified in section 86.1360-2007.B.4 of 

the "California Exhaust Emission Standards and Test Procedures for 2004 and 

Subsequent Model Heavy-Duty Diesel Engines and Vehicles," as incorporated by 

reference in subsection (b). The manufacturer may request an alternative test 

procedure if the technology used cannot be demonstrated using the procedures 

in section 86.1360-2007.B.4, subject to advance approval of the Executive 

Officer. A manufacturer certifying to the optional NOx idling standard must not 

increase emissions of CO, PM, or NMHC, determined by comparing results from 

the supplemental NOx idling test cycle and procedures specified in section 

86.1360-2007.B.4 of the referenced "California Exhaust Emission Standards and 

Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines 

and Vehicles" to emission results from the idle mode of the supplemental steady 

state test cycle or emission results from idle portions of the transient test cycle for 

heavy duty diesel engines, respectively specified in sections 86-1360-2007 and 

86.1327-98 of the referenced "California Exhaust Emission Standards and Test 

Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and 

Vehicles." With advance Executive Officer approval, a manufacturer may use 

other methods of ensuring that emissions of CO, PM, and NMHC are not 

adversely affected in meeting the optional NOx requirement. Also, manufacturers 

shall state in their application for certification that meeting the optional NOx idling 

requirement will not adversely affect the associated emissions of CO, PM and 

NMHC. 

An engine manufacturer certifying its engine to the optional NOx idling 

emission standard must also produce a vehicle label, as defined in subsection 

35.B.4 of the “California Exhaust Emission Standards and Test Procedures for 

2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles” as 

incorporated by reference in subsection (b). 

(D) Optional Alternatives to Main Engine Idling Optional Alternatives to Main Engine 

Idling. All new 2008 and subsequent model year heavy duty diesel engines may 

also be equipped with idling emission reduction devices that comply with the 

compliance requirements specified in title 13, CCR section 2485(c)(3). 

(b) through (h) [No Change.] 

NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100, 43101, 

43102, 43104, 43105, 43106, 43107, and 43806, Health and Safety Code; and Section 

28114, Vehicle Code. Reference: Sections 39002, 39003, 39500, 39667, 43000, 

43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 

43107, 43202, 43204, 43205, 43205.5, 43206, 43210, 43211, 43212, 43213, and 

43806, Health and Safety Code; and Section 28114, Vehicle Code.