## Appendix B

Proposed Amendments to Existing Diesel RegulationsTABLE OF CONTENTS

Section 2020 Purpose and Definitions of Diesel Part iculate Matter Control

Measures B–1

Section 2022 Diesel Particulate Matter Control Meas ure for Municipality or

Utility On-road Heavy-duty Diesel-fueled Vehicles B–2

Section 2022.1 Determining Compliance for a Municip ality 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-Ro ad Diesel-Fueled

Fleets B–41

Section 2479 Regulation for Mobile Cargo Handling E quipment at Port and

Intermodal Rail Yards B–47

Section 2456 Portable Engine and Equipment Registra tion B–57

Section 93116 Airborne Toxic Control Measure for Di esel Particulate Matter

from Portable Engines Rated at 50 Horsepower or Gre ater B–97

Section 2485 Airborne Toxic Control Measure to Limi t Diesel-Fueled

Commercial Motor Vehicle Idling B–113

Section 1956.8 Exhaust Emissions Standards and TestProcedures – 1985

and Subsequent Model Heavy-Duty Engines and Vehicle s B–121B - 1 PROPOSED REGULATION ORDER

DIESEL PARTICULATE MATTER CONTROL MEASURE FOR ON-RO AD HEAVYDUTY DIESEL-FUELED VEHICLES OWNED OR OPERATED BY PU BLIC AGENCIES AND UTILITIES
Note: Proposed amendments are shown in underlineto indicate additions and strikeoutto indicate deletions, compared to the preexisting regulatory language.
Amend section 2020, 2022, and 2022.1, title 13, Cal ifornia code of Regulations to read as follows. § 2020. Purpose and Definitions of Diesel Particul ate Matter Control Measures. (a) Purpose. Diesel particulate matter was identif ied in 1998 as a toxic air contaminant. According to California law, an airbo rne toxic control measure using the best available control technology shall, theref ore, be employed to reduce the public’s exposure to diesel particulate matter. (b) Definitions. For the purposes of the rules spe cified in article 4, the following definitions apply: “Alternative fuel” means natural gas, propane, etha nol, methanol, gasoline (when used in hybrid electric buses only), hydrogen, electricity, fuel cells, or advanced technologies that do not rely on diesel fuel. “Alt ernative 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 purcha se 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 f or pilot ignition at an average ratio of no more than one part diesel fuel to ten parts tota l fuel on an energy equivalent basis. An engine that can operate or idle solely o n diesel fuel at any time does not meet this definition. “Level” means one of three categories of Air Resour ces Board-verified diesel emission control strategies: Level 1 means the stra tegy reduces engine diesel particulate matter emissions by between 25 and 49 p ercent, Level 2 means the strategy reduces engine diesel particulate matter e missions 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 engi ne emissions to less than or equal to 0.01 grams diesel particulate matter per b rake 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 publicagency of this State or of theB - 2

United States , or two or more entities acting jointly, or the d uly constituted body of an Indian reservation or rancheria

. “Owner” means the same as in title 13, California C ode of Regulations, section 2180.1(a)(21 5 ). "Transit agency” means a public entity responsible for administering and managing transit services. Public transit agencies can dire ctly operate transit service or contract out for all or part of the total transit s ervice provided. “Terminal” means any place or places where a vehicl e is regularly garaged or maintained, or from which it is operated or dispatc hed, 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 th e “Verification Procedure for InUse Strategies to Control Emissions from Diesel Eng ines” in title 13, California Code of Regulations, commencing with section 2700, and i ncorporated by reference. “Warranty Period” means the same as in title 13, Ca lifornia Code of Regulations, section 2707. NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39650 - 39675, 4 3000, 43013, 43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety Code.

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

On-Road Heavy-duty Diesel-Fueled Vehicles.

(a) Scope and Applicability. Sections 2022 and 202 2.1 apply to any municipality or utility that owns, leases, or operates an on-road d iesel-fueled heavy-duty vehicle with either

a 1960 to 2006 model-year medium heavy

- duty or heavyheavy-duty engine or a 2007 model-year or newer engine certifi ed to greater than 0.01 grams per brake horsepower-hour particulate emission stan dard and manufacturer’s gross vehicle weight rating greater than 14,000 pou nds. These sections do not apply to a vehicle subject to the solid waste colle ction vehicle rule commencing with title 13, California Code of Regulations, sect ion 2021 or to the fleet rule for transit agencies commencing with section 2023, or t o 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 1 905, or to an emergency vehicle as described in California Vehicle Code, section 27 156.2, or to an off-road vehicle as described in title 13, California Code of Regula tions, sections 2401, 2421, 2411 and 2432. (b) Definitions. The definitions in section 2020 shall apply to sect ions 2022, and 2022.1. In addition, the following definitions app ly only to sections 2022, and 2022.1.B - 3

(1) “Dedicated Snow Removal Vehicle” means a vehic le that has permanently affixed snow removal equipment such as a snow blower or aug er and is operated exclusively to perform snow removal operations. (2) “Dual Engine Street Sweeper” means an on-road h eavy-duty vehicle, over 14,000 pounds gross vehicle weight rating, that is used fo r the express purpose of removing material from road surfaces, by mechanical means th rough the action of one or more brooms, or by suction through a vacuum or regenerat ive air system or any combination of the above. A dual engine street swe eper 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 owne d by a rental or leasing company for a period of one year or more. ( 2) (4) “Low-Population County” means a county with a p opulation of less than 125,000, based upon the California Department of Fi nance 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 ope rated for fewer than 1000 miles or 50 hours per year, based on a 5 year rolling mil eage or engine-hour average. A vehicle that does not have a properly functioning o dometer, tachograph, or other reliable device to measure usage may not qualify asa low usage vehicle. (4) (6) “Low-Population County Low Usage Vehicle” meansa 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 av erage for fewer than 3000 miles or 150 hours, excluding mileage or engine hours used d uring snow removal operations. A vehicle that does not have a properly functioning odometer, tachograph, or other reliable device to measure usage may not qualify asa low-population county low usage vehicle. (7) “Operate” means to use or manage a vehicle by amunicipal or utility employee for the purposes of conducting work by or for the munic ipality or utility. This does not include personal vehicle use for commuting to or from the workplace. (5) (8) "Retirement" or "Retire" means the withdrawal o f an engine or vehicle subject to this rule from a municipality or utility fleet in C alifornia; the engine may be sold outside the State of California, scrapped, converted for use in a lowusage vehicle or lowpopulation county low usage vehicle. “Retirement” or “retire” also means the transfer of an engine or vehicle, which is subject to this r ule and has been brought into compliance with title 13, California Code of Regula tions, section 2022.1(b), from a municipality or utility fleet in California to anot her person or entity in California. In addition, “retirement” means the sale of a dual eng ine 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 Regulation s, section 2025. (9) “Sold Outside of the State of California” meansa sale of a vehicle for operation outside the State of California to satisfy the defi nition of “retirement” in sectionB - 4

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. AR B will obtain VIN Stop from Department of Motor Vehicles. A municipality or ut ility must also follow the recordkeeping requirements as defined in title 13, Califo rnia 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 V ehicle Seller contract language as defined in title 13, California Code of Regulations , section 2022(h). (10) “Third Party Vehicle Seller” means a person th at 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 ra ting 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 utili ty’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 mo del-year or newer heavy-duty engine certified to greater than 0.01 grams per bra ke horsepower-hour particulate emission standard, excluding low usage vehicles; lo w-population county, low usage vehicles; dedicated snow-removal vehicles; and gaso line fueled vehicles. ( 7 ) (12) “Utility” means a privately-owned company thatprovides the same or similar services for water, natural gas, and electricity asa public utility operated by a municipality. ( 8 ) (13) “Vehicle Type” means one of the following cate gories: “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 “Ex perimental” 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 avail able control technology (BACT) requirements specifi ed in title 13, California Code of Regulations, section 2 022.1(b)(3) are excluded from the total fleet calcu lation.B - 5

§ 2022.1. Determining Compliance for a Municipalit y or Utility. (a) Compliance Requirements. Beginning with the ap plicable effective dates, a municipality or utility is required to comply with this diesel particulate matter control measure for each vehicle in its total fleet. Compl iance 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 fl eet as specified in subsection (c); (3) If a compliance deadline extension is granted b y the Executive Officer per subsection (d), the municipality or utility shall b e deemed to be in compliance as specified by the Executive Officer’s authorization; (4) Special circumstances must be followed as speci fied in subsection (e);
(5) Records must be kept as specified in subsection (f); and (6) Continuous compliance: municipality or utilityis required to keep each vehicle in compliance with this regulation, once itis in compliance, so long as the municipality or utility is operating the veh icle in California. (b) Best Available Control Technology. Each munici pality or utility shall use one of the following best available control technologies on ea ch applicable vehicle in its total fleet as required by the implementation schedule in subsection (c): (1) An engine or power system certified to the opti onal 0.01 grams per brake horsepower-hour (g/bhp-hr) particulate emission sta ndard as specified in title 13, California Code of Regulations, section 1 956.8(a)(2), or the 0.01 g/bhp-hr particulate emission standard as spec ified 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, Califo rnia Code of Regulations, section 1956.8, used in conjunction with the highes t level diesel emission control strategy as defined in subsection (b)(4) ap plied by the implementation schedule in subsection (c); or (3) An alternative fuel engine, heavy-duty pilot ig nition engine, or gasoline engine; model-year 2004-2006 alternative fuel engin es must be certified to the optional, reduced emission standards as specifi ed in title 13, California Code of Regulations, section 1956.8 (a)(2)(A); gaso line 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 vehiclesB - 6 over 14,000 pounds gross vehicle weight, sections 1 956.8(c)(1)(B) and 1976(b)(1)(F); or (4) The highest level diesel emission control strat egy per title 13, California Code of Regulations, section 2702 (f), Table 1, tha t is verified for a specific engine to reduce diesel particulate matter and whic h the diesel-emissioncontrol strategy manufacturer or authorized dealer agrees can be used on a specific engine and fleet-vehicle combination, with out jeopardizing the original engine warranty in effect at the time of a pplication.
(c) Implementation Schedule. (1) A municipality or utility shall comply with the schedule in Table 1 - Implementation Schedule for a Municipal and UtilityTotal 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 a nd 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 a1960 – 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 classif ied 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-Popula tion County. A municipality or utility that is headquartered in a county in Tab le 2 may elect to follow the option in Table 3 below in lieu of the implementati on 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 66,000B - 8 Table 3 - Implementation Schedule for a Municipality or Utility Located in a Low-Population County or Granted Low-Populatio n 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 Uti lity Located in a Low-Population County. A municipality or utility headquartered in a coun ty 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 Municip ality 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% 2025B - 9

(4) A municipality or utility not specifically lis ted in Table 2 may apply to the

Executive Officer for consideration as a fleet loca ted in a designated “low-population county.” The Executive Officer sha ll issue that designation provided that all of the following criteria are met : (A) The total fleet is located in a "nonurbanized a rea," a "rural and small urban area," or any area outside of an urbanized ar ea, as designated by the U.S. Bureau of the Census. An urbanized are a consists of a core area and the surrounding densely populated are a 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 Ju ly 1, 2005, has a population of less than 325,000 and meets the defin ition of a lowpopulation county when the population of one or mor e cities that have their own municipal vehicle fleet are subtracted from the county population, and the fleet does not operate within t hose cities’ boundaries; and (C) The fleet revenue is not based on special distr ict assessments or fees. (5) Calculating Number of Total Fleet Vehicles R equired for Implementation.

(A) As of January 1 of each year where a compliance deadline is applicable, a municipality or utility shall calcula te, for each engine model-year group, the number of vehicles in its tot al fleet for which compliance will be required. This fleet size by en gine model-year group (#MUV by group ) 2must be calculated using the following equation:

#MUV

by group = # Vehiclesby group

+ TotRetireby group Where:

#Vehicles by group= the number of vehicles in an engine model-year g roup

subject to the rule, and

TotRetire by group= the number of vehicles removed from the model-y ear

group by retirement in prior years, beginning with January 1 of the initial applicable compliance dead line 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 #MUV by group . (B) The municipality or utility shall use the follo wing equation to determine the total number of vehicles in an engine model-yea r group that are

2“b B y group” means all vehicles in an engine model-yeargroup as described in Table 1 under (c)(1).B - 10 required to be in compliance by the deadline in Tab le 1 (TotVeh by group ): TotVeh by group

= Group%BACT by group x #MUV

by group Where: Group%BACT by group= the percentage of vehicles in an engine model-ye ar group that must meet BACT requirements for a given year as specified in subsection (c), and
#MUV by 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 ve hicles in each model-year group to be brought into compliance each year that a compliance deadline is applicable (TotAddComp by group ). The following equation must be used to calculate TotAdd Comp by group : TotAddCompby group = TotVeh by group

– TotBACT

by group – TotRetireby group Where:

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

group required to be in compliance, as defined in paragraph (5)(B) above,

TotBact by group= the number of vehicles in an engine model-year g roup

that have been brought into compliance since the ea rliest compliance deadline using the method listed in subsection (b), and

TotRetire by group= the number of vehicles retired in prior years asdefined in

paragraph (5)(A) above

If a vehicle has left the total fleet for reasons o ther than retirement, it must not be included in the calculation of TotAddCo mp by group . (D) Notwithstanding subsection (C) above, in the 10 0 percent compliance deadline year for each engine model-year group, the municipality or utility shall bring the remaining vehicles into com pliance. (E) If the TotVeh by groupor TotAddComp by groupis not equal to a whole number, the municipality or utility shall round up a whole number when the fractional part of TotAddComp by groupis equal to or greater than 0.5, and round down if less than 0.5. (d) Compliance Extensions. A municipality or utili ty may be granted an extension to a compliance deadline specified in subsection (c) for one of the following reasons:B - 11

(1) Compliance Extension Based on Early Implementat ion. A municipality or utility may be granted an extension based on compli ance with one or more of the following early implementation schedules, provided the Executive Officer has received a letter by the applicable ear ly 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 be st available control technology on fifty percent or more of its Group 1 vehicles in its total fleet by December 31, 2007, then the municipality o r 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 be st available control technology on fifty percent or more of its Group 2 vehicles in its total fleet by December 31, 2007, then the municipality o r 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 BA CT on 100 percent of its Group 1 and Group 2 engines by December 31, 2008, t hen the municipality or utility may follow the alternate im plementation schedule for its Group 3 engines of 20 percent BACTby 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 significan t quantities of advanced technology vehicles (for example, hybrid electric v ehicles) to meet BACT requirements, then the municipality or utilitymay apply to the Executive Officer for approval of a longer implemen tation schedule for its Group 2 and Group 3 vehicles, or approval of cr edits to be used towards BACT compliance. The longer implementation schedule must be proportionate to the additional emissions b enefits from the use of the advanced technology vehicles, and BACT c redits cannot exceed the additional emissions benefits. The adva nced technology vehicles must meet or exceed MY 2007 and later emis sions standards and significantly reduce greenhouse gas e missions and petroleum use. (2) Compliance Extension Based on No Verified Diese l Emission Control Strategy. If the Executive Officer has not verifie d a diesel emission control strategy, or one is not commercially available, for a particular engine and vehicle combination, an annual extension in complia nce may be granted by the Executive Officer under one of the conditions s pecified below: (A) Executive Officer Compliance Extension

. The Executive Officer shall grant a blanket one-year compliance extension if a diesel emissionB - 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 verif ied diesel emission control strategy, the Executive Officer sh all 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 exte nsion period, the Executive Officer shall grant an additional oneyear extension. The Executive Officer may grant one-yea r extensions until December 31, 2012, (or December 31 , 2018 for a municipality or utility located in a low-populati on county, or granted low-population county status), after which the municipality or utility shall comply with subsectio n (b). 2. For a Group 2 engine for which there is no verif ied diesel emission control strategy, the Executive Officer sh all 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 exte nsion period, the Executive Officer shall grant an additional one -year extension. The Executive Officer may grant one-yea r extensions until December 31, 2012, (or December 31 , 2017 for a municipality or utility located in a low-populati on county), after which the municipality or utility shall comply with subsection (b) (B) Municipality or Utility Application for Complia nce 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 deadlin e specified in subsection (c). Before requesting this extension, the municipality or utility shall demonstrate compliance or intent to c omply with applicable deadlines for the remaining vehicles in the fleet. The municipality or utility shall meet the following ap plication conditions and documentation requirements by providing the fol lowing to the Executive Officer: 1. Identification of each engine, by vehicle identi fication number; engine manufacturer, model-year, family, and series ; and type of vehicle for which no diesel emission control strate gy has been verified; or 2. Identification of each engine, by vehicle identi fication number; engine manufacturer, model-year, family, and series ; and type of vehicle for which a specific diesel emission contro l strategy would void the original engine warranty and a state ment from the engine manufacturer or authorized dealer statin g the original engine warranty would be voided; orB - 13 3. Identification of each engine and vehicle combin ation, by vehicle identification number; engine manufacturer, model-y ear, family, and series; and type of vehicle for which no diesel emission control strategy is commercially available and a li st 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-vehic le combination; and 5. A copy of the statement of compliance as require d in subsection (f)(1)(K); and
6. The application for compliance extension to be s ubmitted to the Executive Officer no later than July 31 annually be ginning 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 mu nicipality or utility shall comply with subsection (b) by Decembe r 31, 2012. The Executive Officer will only grant one complianc e extension for an engine in Group 1. For a Group 2 engine, the Executive Officer will accept an annual complia nce extension application until July 31, 2011, after wh ich the municipality or utility shall comply with subsectio n (b) by December 31, 2012.
b. A municipality or utility either located in a lo w-population county, or granted low-population county status. F or a Group 1 engine, the Executive Officer will accept an annu al compliance extension application until July 31, 201 7, 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 eng ine in Group 1. For a Group 2 engine, the Executive Offic er will accept an annual compliance extension application u ntil July 31, 2016, after which the municipality or util ity shall comply with subsection (b) by December 31, 2017. (3) Compliance Extension for a Municipality or Util ity that Operates a Dual-Fuel or Bi-Fuel Engine. A municipality or utility may de lay implementation of a Group 1 or 2 dual-fuel or bi-fuel engine to the Gro up 3 compliance deadlines. (4) Compliance Extension for an Engine Near Retirem ent. If a municipality or utility has applied best available control technolo gy to all engines as required, and the next engine subject to implementa tion under subsection (c) is scheduled to be retired from the total fleet within one yearB - 14 of the applicable compliance deadline, then the mun icipality or utility shall be exempted from applying the best available contro l technology as defined in subsection (b) to that engine for a maximum of o ne year, provided documentation of the expected retirement date is ke pt in records as specified in subsection (f) and the engine is retir ed by the stated anticipated date. (5) Use of Experimental Diesel Emission Control Strategy

. A municipality or utility may use an experimental diesel emission con trol 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 d ocumentation of this use in records as specified in subsection (f). Each vehic le will be considered to be in compliance for the duration of the experiment toa 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 per iod. No experimental diesel emission control strategy may be used on a v ehicle after December 31, 2012. (6) Accelerated Turnover Option. A municipality or utility either located in a low-population county or granted low-population cou nty status may follow the accelerated turnover option provided in subsect ion (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 t his option. (7) Light Heavy-Duty Engine Extension

. A municipality or utility may apply for a one year extension from the 2009 compliance deadlin e 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 int ermediate BACT compliance requirements in section 2022.1(c)(1). Amunicipality or utility must: (A) Submit a letter to the Executive Officer by August1, 2009

requesting the light heavy-duty engine extension; (B) Submit documentation to demonstrate it cannot comp ly with the 2009 intermediate BACT compliance requirements in section 2022(c)(1) after adding light heavy-duty en gines as a part of the total fleet size. Documentation shall include, but is not limited to, proof of financial hardship, budget ing schedules, etc. Documentation of financial hardship shall inc lude an analysis of cost of compliance, sources of availabl e funds and shortfall between funds available and cost of compl iance; 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 complian ce deadlines as required in section 2022.1(c)(1) by two years, prov ided 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 private ly-owned utility must: (A) submit a letter to the Executive Officer by Dec ember 31, 2009 stating the utility’s intent to comply with this section, (B) submit records by December 31, 2009 required bysection 2022.1 (f)(1), (C) label each vehicle in its fleet according sect ion 2022.1(f)(3)(G), (D) submit by December 31, 2011 records required bysection 2022.1(f)(1), and (E) submit by December 31, 2013 records required bysection 2022.1(f)(1) and documentation, such as but not lim ited to percent of fleet calculations and purchase records, demonstrat ing the utility’s compliance with the above conditions. (e) Diesel Emission Control Strategy Special Circum stances

. 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 th e highest level diesel emission control strategy for a small percentage ofits fleet would be a level 2 fuel-based strategy, and implementation of this diesel emission control strategy would require installation of a de dicated storage tank, then the municipality or utility shall request prio r approval from the Executive Officer to allow use of a lower level die sel emission control strategy; or (B) If a municipality or utility elects to use a fu el-based diesel emission control strategy across its fleet, and some vehicle s can use a level 3 hardware diesel emission control strategy, then the municipality or utility shall request prior approval from the Execu tive Officer to allow use of a lower level diesel emission control strate gy. 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 stra tegy, the following conditions apply: (A) Failure or Damage During the Warranty Period. If a diesel emission control strategy fails or is damaged within its war ranty period and the diesel emission control strategy manufacturer or au thorized dealer determines it cannot be repaired, the municipality or utility shall replace the diesel emission control strategy with e ither 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 itswarranty period, and it cannot be repaired, the municipality or utility shall apply the best available control technology at the time of replace ment, as defined in subsection (b). (3) Discontinuation of Fuel Verified as a Diesel Em ission 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 discontinu ation or submit a compliance plan to the Executive Officer no later t han 30 days after discontinuation that demonstrates how the municipal ity or utility will bring the vehicles into compliance within six months of t he date of discontinuation. (4) Limited Use of Level 1 Diesel Emission Control Strat egy

. If a Level 1 diesel emission control strategy is identified as the bestavailable control technology pursuant to subsection (b), a municipali ty 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 (Tabl e 2), or to a vehicle owned or operated by a municipality or util ity that has been granted low-population county status. (B) Group 2 1. Ten year limit

. A municipality or utility may use a Level 1 diese l emission control strategy in a Group 2 engine for u p to ten years. The municipality or utility shall then repl ace the Level 1 diesel emission control strategy with the best avai lable controlB - 17 technology from subsection (b). The replacement ca nnot 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 (Tabl e 2) or to a vehicle owned or operated by a municipality or util ity 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 b est available control technology from subsection (b). The replac ement cannot be a Level 1 diesel emission control strategy.
2. Exception for low-population counties. The limi tation in (C)1. does not apply to a vehicle owned or operated by a municipality or utility located in a low-population county (Tabl e 2) or to a vehicle owned or operated by a municipality or util ity that has been granted low-population county status. (f) Record- Keeping Requirement. A municipality or utility sha ll 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 re cords either in hard-copy format or as computer records: (A) A list by vehicle identification number of vehi cles, identifying each vehicle type; engine manufacturer, model-year, fami ly, and series; and status as a total fleet or low usage vehicle; a nd (B) Correlated to each vehicle, the installed diese l emission control strategy family name, its serial number, manufactur er, installation date, and if using a Level 1 or Level 2 verified di esel emission control strategy, the reason for the choice; and (C) Records of maintenance for each installed diese l emission control strategy; and (D) For fuel or fuel additives used as a diesel emi ssion control strategy, the most recent two years’ worth of records of purc hase that demonstrate usage; andB - 18 (E) For each low usage vehicle, or low-population c ounty low usage vehicle, its mileage or engine hours as of December 31 of each year beginning 2007, and records to document its five-ye ar mileage or engine hours, as of December 31 of each year beginn ing 2007, correlated to the vehicle identification informatio n in paragraph (1)(A) above; and (F) If a municipality or utility is located in a lo w-population county or has been granted low-population county status, document ation affirming that the vehicle is not operated at any time in a m etropolitan statistical area as defined by the U.S. Census Bureau; and (G) For each engine for which a municipality or uti lity is claiming an extension pursuant to paragraph (d)(4), the retirem ent date correlated to the vehicle identification information in paragraph (1)(A) above; and (H) For each engine for which a municipality or uti lity is claiming an extension pursuant to paragraph (d)(5), the recordsof the test plan, including start and end dates of the experiment; di esel emission control strategy manufacturer name and contact info rmation (representative, address, and phone number); name a nd type of experimental diesel particulate matter emission con trol strategy; and targeted data to be generated by experiment and cor related to the vehicle identification information in paragraph (1) (A) above; and (I) For each engine for which a municipality or uti lity located in a lowpopulation county is following the accelerated turn over path in Table 3, the date of each engine repower correlated to the vehicle identification information in paragraph (1)(A) abov e; and (J) Records to document the retirement of a vehicle

. For each vehicle or engine to be retired, list the vehicle identificati on 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) an d a statement of compliance that the vehicle meets the provisions ofsection 2022.1(b). For each vehicle or engine to be retired, provide t he date of retirement, and written confirmation from the recip ient of the retired vehicle or engine that the destination of the vehic le or its engine meets the requirements of the definition of “retire ment” 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 m ust:

1. Submit to the Executive Officer a completed VIN S top application, which includes: vehicle license plate number, vehicle identification number, vehicle model-year, vehicleB - 19 make, vehicle model, engine manufacturer, engine se rial number, and engine model year;

2. Receive and maintain VIN Stop submittal to Departm ent of Motor Vehicles in municipality’s or utility’s records; and

3. Obtain and maintain out-of-state buyer’s contact i nformation, such as name, address and phone number for the vehi cle sold outside of the State of California and acknowledgem ent of the vehicle’s operational status. (K) (L) A statement of compliance, prepared beginning D ecember 31, 2007, and renewed each December 31, thereafter until Dece mber 31, 2012, with low-population counties continuing until Decem ber 31, 2018, certifying that the municipality’s or utility’s eng ines are in compliance as required, including the following: 1. “The [insert name of municipality or utility] ve hicles at terminal [insert terminal identification number or address] are in compliance with title 13, California Code of Regula tions, section 2022.1”; and
2. The municipality’s or utility’s name, address, a nd 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 re presentative any records required to be maintained by the municipality or ut ility 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 shal l keep the following information in the form of a legible and durable la bel affixed to the driver’s side door jamb, or another readily accessible locat ion 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 turno ver option, if applicable; orB - 20 (C) Designation as a low usage vehicle or low-popul ation county low usage vehicle (as applicable) and the vehicle’s mil eage or hours as of December 31 of each year beginning December 31, 200 7; or (D) Engine model-year and terminal where the vehicl e is permanently housed if the municipality or utility is located in a low-population county or has been granted low-population county st atus; or (E) Engine model-year and retirement date for an en gine for which a municipality or utility is claiming an extension pu rsuant to paragraph (d)(4); or (F) Engine model-year and the beginning and the end ing 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 e xtension, if applicable. (4) Each municipality or utility shall maintain th ese records for each vehicle until it is sold outside of the State of California or isno 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-partysales representative. (g) Contractor Compliance Requirement

. In any contract for services that a municipality or utility enters that has an effectiv e date of December 31, 2007, or later, the municipality or utility shall include la nguage requiring the contractor to be in compliance with all federal, state, and local ai r 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 ofthe 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 St ate of California, or if sold to an intermediate buyer in state, inform the intermediate buyer in writing that the vehicle cannot be sold or opera ted within California unless the vehicle is in compliance with section 20 22.1(b); (B) Inform the buyer in writing that the vehicle cann ot 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 buye rs 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 ve hicle seller with the buyer’s contact information, such as name, address, and pho ne 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 maycarry 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 maintai n 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 maintai n 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 da y past the required record- keeping date.
NOTE: Authority cited: Sections 39600, 39601, and 39658, Health and Safety Code. Reference: Sections 39002, 39003, 39655, 39656, 39 657, 39658, 39659, 39660, 39661, 39662, 39664, 39665, 39667, 39669, 39674, 39675, 43000, 43013, 43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety Co de.B - 22B - 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 underlineto indicate additions and strikeoutto indicate deletions, compared to the preexisting regulatory language. Amend section 2027, title 13, California Code of Re gulations to read as follows.
Section 2027. In-Use On-Road Diesel-Fueled Heavy-Duty Drayage Tru cks.
(a) Purpose

. The purpose of this regulation is to reduce emiss ions and public exposure to diesel particulate matter (diesel PM), oxides of nitrogen (NOx), and other air contaminants by setting emission standard s 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 operatorsof on-road diesel-fueled, alternative diesel-fueled and dual-fueled heavy-duty drayage trucks operated at California ports and intermodal rail ya rd facilities. This regulation also applies to “motor carriers,” “marin e or port terminals,” “intermodal rail yards,” and “rail yard and port au thorities.” (2) This regulation does not apply to: (A) dedicated use vehicles; (B) vehicles operating under an ARB authorized emer gency decree; (C) authorized emergency vehicles; (D) military tactical support vehicles; (E) vehicles that operate at port or intermodal rai l yard properties in which the ARB Executive Officer has granted an annu al 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 th e extent that suchB - 24

definitions may be modified by the following defini tions that apply specifically to this regulation. (1) “Alternative Diesel Fuel” means any fuel used in d iesel engines that is not a reformulated diesel fuel as defined in sections 2 281 and 2282 of title 13, of the California Code of Regulations, and does notrequire engine or fuel system modifications for the engine to operate, oth er than minor modifications (e.g., recalibration of the engine fu el control) that may enhance performance. Examples of alternative diese l fuels include, but are not limited to, biodiesel, Fischer-Tropsch fuel s, 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 trea ted 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 fu el 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 comb ination is mixed than required for a single fueling of a singl e engine or vehicle.

(2 1 ) “ARB” means the California Air Resources Board. (3 2 ) “ARB Designees” are defined as those entities tha t ARB designates or contracts with to perform certain functions or prov ide specific services on its behalf under this regulation. (4 3 ) “Authorized Emergency Vehicle” is as defined in V ehicle Code section 165. (5 4 ) “Average Daily Drayage Truck Visits” is determine d by dividing the total number of truck visits within a calendar month by t he total number of intermodal rail yard open days for that same calend ar 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 o f a drayage truck transgressing from outside intermodal rail ya rd property onto intermodal rail yard property; and,B - 25 (B) an ‘open day’ is defined as a calendar day in w hich an intermodal rail yard has drayage truck traffic.

(6 5 ) “Beneficial Cargo Owner” is a cargo owner, the pe rson for whose account the ocean or rail transportation is provided, the p erson to whom delivery is to be made, a shippers' association, or an ocean or rail transportation intermediary that accepts responsibility for paymen t of all applicable charges. (7 6 ) “Bill of Lading” is a document that states the te rms of the contract between a shipper and a transportation company. It serves a s a document of title of the goods shipped, a contract of carriage, and a re ceipt for goods. (8 7 ) “CARB Diesel Fuel” is diesel fuel certified by AR B as meeting the fuel specification standards set forth at title 13, Cali fornia Code of Regulations (CCR) section 2280 et seq. (9 8 ) “Class I Railroad” is a freight railway based on large revenues ($250 million or more) in comparison to the revenues of C lass II (which ranges from greater than $20 million but less than $250 mi llion) and Class III (less than $20 million) railways, as defined by the Surfa ce Transportation Board (STB). (10) “Compression Ignition Engine” means an internal co mbustion 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 i gnition engine. (11 9 ) “Dedicated Use Vehicles” are uni-body vehicles th at do not have separate tractor and trailers and include but are not limite d to: (A) Dedicated auto transports; (B) Dedicated fuel delivery vehicles; (C) Concrete mixers; (D) On-road mobile cranes (12 10 ) “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 compou nds consisting exclusively of the elements carbon and hydrogen – t hat is sold or represented by the supplier as suitable for use in an internal combustion, compression – ignition (CI) engine.B - 26

(13 11 ) “Diesel-Fueled” means a CI engine fueled by diese l 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

. (14 12 ) “Diesel particulate matter (diesel PM)” means the particles found in the exhaust of diesel-fueled compression ignition engin es. Diesel PM may agglomerate and adsorb other species to form struct ures of complex physical and chemical properties. ARB has identifi ed diesel PM as a toxic air contaminant. (15 13 ) “Drayage Truck” means any in-use on-road vehicle with a gross vehicle weight rating (GVWR) of 33,000 pounds or greater op erating on or transgressing through port or intermodal rail yard property for the purpose of loading, unloading or transporting cargo, such a s containerized, bulk or break-bulk goods. (16 14 ) “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 equivalentin another state, province, or country; or the International Registra tion Plan.

or (B) the lessee of the truck, as indicated on the drayage truck’s registration pursuant to Vehicle Code section 4453. 5. (17 15 ) “Drayage Truck Operator” means the driver of the vehicle or any person, party or entity that controls operation of a drayag e truck at a port or intermodal rail yard facility. (18 16 ) “Drayage Truck Registry (DTR)” is an ARB database that contains information on all trucks that conduct business at California ports and intermodal rail yards. (19 17 ) “Drayage Truck Registry Number” is a unique ident ifier issued to the owner of a drayage truck upon registering in the DT R and corresponds to the truck registered. (20 1 8 ) “DTR Compliant” means that a drayage truck is cur rently compliant with the requirements of the regulation, including the r equirements 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 p etroleum gas (LPG)B - 27 and diesel fuel or an alternative diesel fuel. Thes e engines have two separate fuel systems, which inject both fuels simu ltaneously into the engine combustion chamber. A dual-fuel engine is n ot an alternative-fuel engine. (22 19 ) “Emergency Event” means any situation arising fro m sudden and reasonably unforeseen natural disaster such as eart hquake, flood, fire, or other acts of God, or other unforeseen events beyon d the control of drayage truck owners and operators that threatens p ublic health and safety or the reasonable flow of goods movement. (23 2 0 ) “Emergency Decree” means a determination by the E xecutive Officer that an emergency event has occurred that requires the i mmediate temporary operation of drayage trucks at ports and intermodal rail yard facilities. (24 2 1 ) “Executive Officer” is the Executive Officer of A RB or his/her authorized representative. (25 2 2 ) “Gross Vehicle Weight Rating (GVWR)” is as define d in Vehicle Code Section 350. (26 2 3 ) “Heavy-Duty” is a manufacturer’s gross vehicle we ight rating of greater than 33,000 pounds. (27 2 4 ) “Intermodal Rail Yard” is any rail facility owned or operated by a Class I railroad where cargo is transferred from drayage tr uck 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 pro visions of this regulation regardless of the size of future average daily dray age truck visits. Intermodal rail yards include, but are not limited to, the following facilities: Union Pacific (UP) Oakland, Burlington Northern San ta Fe (BNSF) Hobart, LATC Union Pacific, Commerce UP, Richmond BNSF, Com merce Eastern BNSF, ICTF UP, San Bernardino, Stockton Intermodal BNSF, Lathrop Intermodal UP, and BNSF Oakland.B - 28

(28 2 5 ) “International Registration Plan” is a registrati on reciprocity agreement among states of the United States and provinces of Canada providing for payment of license fees on the basis of total dista nce operated in all jurisdictions.

(29 2 6 ) “Lessee” has the same meaning as in Vehicle Code section 371. (30 2 7 ) “Liquid Natural Gas (LNG) Fueled Trucks” are dray age trucks that utilize a heavy-duty pilot ignition engine that is designed t o operate using an alternative fuel, except that diesel fuel is used f or 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 op erate or idle solely on diesel fuel at any time does not meet this definiti on. (31 2 8 ) “Marine or Port Terminals” means wharves, bulkhea ds, quays, piers, docks and other berthing locations and adjacent sto rage or adjacent areas and structures associated with the primary movementof cargo or materials from vessel to shore or shore to vessel i ncluding structures which are devoted to receiving, handling, holding, consolidating and loading or delivery of waterborne shipments or pass engers, 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. (32 29 ) “Military Tactical Support Vehicles” is as define d in title 13, CCR, section 1905. (33 3 0 ) “Motor Carrier” is a business intermediary that c ontracts with beneficial cargo owners, ship companies, port terminals or Cla ss I railroads for pickup and delivery of goods and with drayage truck own ers, who it dispatches to ports and/or intermodal rail yards to pick up an d deliver such goods. (34 3 1 ) “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 Ve hicles (DMV) under Vehicle Code sections 4000 et seq. – or DMV’s equivalent in another state, province, or country; or the International R egistration Plan. A vehicle covered under ARB’s In-Use Off-Road Regulat ion, title 13, CCR, section 2449 is not an on-road vehicle. (35 3 2 ) “Oxides of nitrogen (NOx)” means compounds of nitr ic oxide, nitrogen dioxide, and other oxides of nitrogen. Nitrogen oxi des are typically createdB - 29 during combustion processes and are major contribut ors to smog formation and acid deposition. (36 3 3 ) “Port” is the port property where marine and portterminals are typically located for the loading and unloading of water-born e commerce onto and from ocean-going vessels. For purposes of this reg ulation, port does not include port property that is not related to or pri marily used to engage in water-borne commerce. Ports covered by this regula tion include, but are not limited to, the Port of Long Beach, Port of LosAngeles, Port of Humboldt Bay, Port of San Diego, Port of Hueneme, P ort of Oakland, Port of San Francisco, Port of Sacramento, Port of Stockton, Port of Redwood City, Port of Crockett, Port of Richmond, Port of P ittsburg, and the Port of Benicia. (37 3 4 ) “Port Authority” means those entities, either pub lic or private, that are responsible for the operation of the ports. (38 3 5 ) “Port Property” means publicly or privately owned property where a port is located. It is the property that includes the phys ical boundaries, either contiguous or non-contiguous, of the port and may i nclude 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. (39 3 6 ) “Rail Yard Authority” means those entities, eithe r public or private, that are responsible for the operation of Class I rail yards

. (40 3 7 ) “Rail Yard Property” means the property constitut ing the physical boundaries of intermodal rail yards. For the purpo ses of this regulation, rail yard property also includes privately owned property located within intermodal rail yard boundaries. (41 3 8 ) “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. (42 39 ) “Vehicle” is as defined in Vehicle Code Section 6 70. (43 4 0 ) “Verified Diesel Emission Control Strategy (VDECS )” is an emission control strategy that has been verified pursuant tothe “Verification Procedure, Warranty and In-Use Compliance Requireme nts for In-UseB - 30 Strategies to Control Emissions from Diesel Engines ” in Title 13, California Code of Regulations, commencing with section 2700, and incorporated by reference. (44 4 1 ) “Yard Truck” means an off-road mobile utility veh icle used to carry cargo containers with or without chassis; also known as autility tractor rig (UTR), yard tractor, yard goat, yard hustler, or prime mov er. (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 d rayage t rucks must be equipped with : (A) By December 31, 2009, all drayage trucks must be e quipped with:

1. (A) 1994 – 2003 model year engine certified to Califor nia or federal emission standards and a level 3 VDECS for PM emissions;

or,

2. (B) 2004 or newer model year engine certified to Calif ornia or federal emission standards;

or,

3. (C) a 1994 or newer model year engine that meets or ex ceeds 2007 model year California or federal emission stan dards. (B) After December 31, 2011, all drayage trucks with 2 004 model year engines must be equipped with the highest level VDE CS for PM emissions. (C) After December 31, 2012, all drayage trucks with 2 005 - 2006 model year engines must be equipped with the highes t level VDECS for PM emissions. (2) Phase 2 : After December 31, 2013, all drayage trucks mustbe equipped with a 1994 or newer model year engine that meets o r 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 s et 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 O rder for the VDECS;

b. use of the vehicle must be consistent with the c onditions of the Executive Order for the VDECS; c. the VDECS is installed in a verified configurati on; d. the engine met the engine manufacturer’s operat ional specifications prior to the VDECS installation;
e. the VDECS label is visible;

f. the level 3 VDECS is mounted in a safe and secur e manner on the vehicle consistent with provisions in (3)(A)(2)(c) above, and the fixed position of the l evel 3 VDECS does not obscure vehicle rear view or side mi rror visibility in any way. g. all emission control devices are functioning pro perly and maintained per manufacturer’s specifications; h. in the event of a failure or damage of an after market 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 de vice by the manufacturer or authorized dealer with the s ame 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 th e 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 afterB - 32 expiration of the warranty period, it has taken pro mpt action to personally repair or replace the failed o r damaged device with the same level VDECS or OEM equivalent diesel emissions control system availabl e for the engine within 90 days of first noticing or bein g 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 purpose s 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 op erator has been informed about the information required under subsection (d)(5)(A)(4) for the dispatching motor c arrier and instructed to provide such information to any enfor cement 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. T he compliance deadline application must be either electronically filed or postmarked by June 1, 2009. To receive th e Phase 1 compliance deadline extension, a drayage truck

owner must demonstrate all of the following: a. the engine installed on his/her current truck isa 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 ve rified 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 submi tted 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 webs ite; http://www.arb.ca.gov/drayagetruck 3. If after the one-year extension ARB verified tec hnology is still unavailable, the truck owner must comply with the r egulation within 90 days of the expiration of the extension b y replacing the existing heavy duty truck and / or engine with a truck or engine that meets or exceeds the Phase 1 requiremen ts. (4) Drayage Truck Operator Requirements Drayage truck operators shall, upon request, provid e 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 thatit contracts with for deliveries to ports and intermod al rail yards; 2. only dispatch drayage trucks to a port or interm odal rail yard that meet emission standards and compliance deadlin es set forth in Phases 1 and 2 in subsection (d); 3. only dispatch drayage trucks to ports and interm odal 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 m otor 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 c ontaining the information set forth in (a) through (d) below for a minimum of five years from the dispatch date. Dispatch rec ords are to be made available to enforcement personnel within 7 2 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 ter minals and intermodal rail yards shall collect the following i nformation for each drayage truck subject to this regulation that enters the facility that is not DTR compliant as determined by information cont ained 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 dispatchi ng 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 o f issuance; f. drayage truck’s vehicle identification number (V IN). All information collected in subsection (d)(6) sha ll be kept for a

period of not less than five years from the truck e ntry date and is to be made available to enforcement personnel within 7 2 hours of an official written or oral request. (B) Marine or port terminals and intermodal rail ya rds shall report the information collected in subsection (A) above to th eir respectiveB - 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 Requirem ents (A) Port and rail yard authorities shall respective ly report the information collected by the port terminals and int ermodal rail yards, as detailed in subsection (d)(6), to, and in a manor and format prescribed by, ARB according to Schedule B b elow. 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 the ir respective terminals and/or intermodal rail yards abide by all Schedule A reporting deadlines. (C) Rail yard authorities operating rail yards loca ted greater than 80 miles from the nearest port with less than 100 average daily drayage truck visits for each calendar month starti ng January 2008, must complete and submit quarterly verification rep orts according to Schedule B and in a format approved by ARB. The first quarterly verification report shall incl ude average daily drayage truck visits for each calendar month starti ng 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 15B - 36 effective date of the regulation and submitted to A RB according to schedules A and B above. Subsequent quarterly veri fication reports shall include average daily drayage truck v isits 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 informatio n; 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 web site; 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 D TR database by September 30, 2009. (B) Drayage trucks intending to begin operations ata port or intermodal rail yard after September 30, 2009 must be register ed with the DTR database prior to commencing operations. (C) Owners of all drayage trucks covered by the reg ulation must provide the following information to ARB or its des ignee by mail to the address in subsection (e)(2) or electronically through ARB’s DTR website http://www.arb.ca.gov/drayagetruck. Theinformation shall include but may not be limited to:
1. truck owner name, address, and contact informati on (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 compli ed 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 sc heduled to come into compliance under Phases 1 or 2. (D) After filing the initial application, the dray age 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 complian ce 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 update d 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 crim inal 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 port s or rail yards. An exemption may cover a clearly defined portion or th e 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 fo r truck traffic and its primary function or location does not include or at tract drayage trucks covered under this regulation (e.g. a shorel ine animal sanctuary); (B) the overwhelming majority of trucks accessing t he port or rail yard are exempted under this regulation (e.g. a port whe re only dedicated auto transports are in service). (2) The Exemption Request

(A) a port or rail yard requesting an exemption sha ll 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 ann ually (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 y ear exemption application must be completed and submitted by Janu ary 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 e xemption year. (g) Penalties. Any person who fails to comply with the performanc e requirements of this regulation, who fails to submit any informatio n, report, or statement required by this regulation, or who knowingly submits any fa lse statement or representation in any application, report, statemen t, or other document filed, maintained, or used for the purposes of compliance with this regulation may be subject to civil or criminal penalties under sectio ns 39674, 39675, 42400, 42400.1, 42400.2, 42402,.2, and 43016 of the Health and Safety Code. In assessing penalties, the Executive Officer will con sider factors, including but not limited to the willfulness of the violation, the le ngth 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 cove red in this regulation, and their records to determine complian ce with these regulations, an agent or employee of ARB, upon presentation of prop er credentials, has the rightB - 39

to enter any facility (with any necessary safety cl earances) where on-road vehicles are located or on-road vehicle records are kept. (i) Enforcement

. Enforcement of this section may be carried out b y authorized representatives of ARB, port and rail yard authorit ies; peace officers as defined in California Penal Code, Title 3, chapter 4.5, sectio ns 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, inclu ding, but not limited to: (1) California Vehicle Code; (2) California Health and Safety Code; (3) division 3, title 13, California Code of Regula tions; (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, sente nce, clause, phrase, or portion of this regulation is, for any r eason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, an d independent provision, and such holding shall not affect the validity of the r emaining portions of the regulation. Note: Authority Cited: Sections 39600, 39601, 396 50, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2., 42 410, 43013, 43016, 43018, 43023, 43600, California Health and Safety Code. R eference: Sections 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400, 42400.1, 42400.2, 42402.2, 42410, 40717.9, 43013, 43016, and 43018, 43023, 43600, Cal ifornia Health and Safety Code.B - 40B - 41 PROPOSED REGULATION ORDER IN-USE OFF-ROAD DIESEL-FUELED FLEETS

Note: Proposed amendments are shown in underlineto indicate additions and strikeoutto indicate deletions, compared to the preexisting regulatory language. The symbol “*****” indicates that regulatory text n ot being amended is not shown.
Amend section 2449, title 13, California Code of Re gulations to read as follows. § 2449. General Requirements for In-Use Off-Road D iesel-Fueled Fleets. (a) Purpose

***** (b) Applicability Except as provided in the paragraphs below, the reg ulation applies to any person, business, or government agency who owns or operateswithin California any dieselfueled or alternative diesel fueled off-road compre ssion ignition vehicle engine with maximum power of 25 horsepower (hp) or greater thatis used in a two-engine crane or to provide motive power in a workover rig or to pro vide 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 h usbandry or recreational off-highway vehicle. Unless they are workover rigs or two-engi ne cranes, vV ehicles that were designed to be driven on-road, have on-road engines , and still meet the original manufacturer’s on-road engine emission certificatio n 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 enginesare 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 hoist ing mechanism mounted on a specially constructed truck chassis or carrier; one engine provides motive power, and a secondary engin e is used to lift and move materials and objects. (56 7 ) “Verified Diesel Emission Control Strategy” (VDECS) means an emissions control strategy, designed primarily for the reduct ion of diesel PM emissions, which has been verified pursuant to the Verification Procedures . VDECS can be verified to achieve Level 1 diesel PM reductions (2 5 percent), Level 2 diesel PM reductions (50 percent), or Level 3 diesel PM reductions (85 percent). VDECSB - 42

may also be verified to achieve NOx reductions. Se e also definition of Highest Level VDECS.

(57 8 ) “VDECS Failure” means the condition of not achieving the emissions reductions to which the VDECS is verified. Such co ndition could be due to inappropriate installation, damage, or deterioratio n during use. If a Level 3 VDECS is emitting visible smoke, it should be assum ed to have failed.

(58 9 ) “Workover rig”

means a mobile self-propelled rig used to perform one or more remedial operations, such as deepening, pluggi ng 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) a nd adding vehicles requirements in section 2449(d)(7) and be labeled and reported in accordance with sections 2449(f) and (g). Low-use vehicles ne ed not be included when calculating fleet average indices or target rates, when determining fleet size, or when calculating the required horsepower for the BA CT turnover and retrofit requirements in sections 2449.1(a)(2) and 2449.2(a) (2). Vehicles that formerly met the low-use vehicle defi nition, but whose use increases to 100 hours per year or greater must mee t the adding vehicles requirements in section 2449(d)(7) and meet the BACT requirements or be included in the fleet average calculation by the ne xt compliance date. For example, a formerly low-use engine that exceeds 100hours per year between March 1, 2013 and February 28, 2014 must be include d 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 provisionsin 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 leastB - 43

half the sum of the maximum power of the primary an d secondary engine in the two-engine crane. (15) On-road Registered Vehicles with Off-road Engi nes – If a workover rig or other on-road registered vehicle subject to this re gulation 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) Reporting

Reporting is required for each and every fleet. La rge 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 regulatio n 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 a nd 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 complianc e 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 op erations for over half of its annual operating hours; 12. Whether the vehicle is an electric vehicle thatreplaced a diesel vehicle;B - 44 13. Whether the vehicle has been retrofit, repowere d, 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, repowere d, or replaced with Carl Moyer program funding; 15. Whether the vehicle has been retrofit through ademonstration 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, 39 675, 40000, 41511, 42400, 42400.1, 42400.2, 42400.3.5, 42402, 4 2402.1, 42402.2, 42402.4, 42403, 43000, 43000.5, 43013, 43016 and 43 018, Health and Safety Code. Reference: Sections 39002, 39515, 3951 6, 39600, 39601, 39602, 39650, 39656, 39657, 39658, 39659, 39665, 39 667, 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) P rogram (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 dis trict; (B) As of January 1, 2008, on a statewide level, co nsisted of more than 40 percent Tier 0 and Tier 1 vehicles, and; (C) Has a statewide fleet with maximum power greate r than 20,000 horsepower (hp), excluding the hp from engines in t wo-engine cranes and the hp from single engine cranes formerly subject t o 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, 39 656, 39657, 39658, 39659, 39665, 39667, 43000, 43000.5, 43013, 43016 and 4301 8, Health and Safety Code.B - 46B - 47 Proposed Regulation Order

REGULATION FOR MOBILE CARGO HANDLING EQUIPMENT

AT PORTS AND INTERMODAL RAIL YARDS

Note: Proposed amendments are shown in underlineto indicate additions and strikeoutto indicate deletions, compared to the preexisting regulatory language. The symbol “*****” indicates that regulatory text n ot being amended is not shown.
Amend section 2479, title 13, California Code of Re gulations to read as follows. § 2479. Regulation for Mobile Cargo Handling Equip ment at Ports and Intermodal Rail Yards. (a) Purpose

***** (b) Applicability

***** (c) Exemptions (1) The requirements of this section do not apply t o mobile cargo handling equipment that do not operate at a port or intermod al rail yard; (2) The requirements of this section do not apply t o 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 handl e 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 a t the terminal to deliver fuel to terminal equipment and vans and buses used to trans port personnel; and (4) The requirements of this section do not apply t o military tactical support cargo handling equipment. ; (5) The requirements of this section do not apply t o mobile cranes as defined in subsection (d)(33); and (6) The requirements of this section do not apply t o sweepers as defined in subsection (d)(54). (d) DefinitionsB - 48

For purposes of this section, the definitions of He alth and Safety Code section 39010 through 39060 shall apply except to extent that suc h definitions may be modified by the following definitions that apply specifically to th is regulation: (1) “Alternative Diesel Fuel” means any fuel used i n a CI engine that is not commonly or commercially known, sold, or represente d by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specificat ions in ASTM D975-81, “Standard Specification for Diesel Fuel Oils,” as m odified 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 fu el 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 fuelswith 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 fu el 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 t hat do not rely on diesel fuel. "Alternative fuel" also means any of these fuels us ed in combination with each other or in combination with other non-diesel fuel. (3) “Basic Container Handling Equipment” means mobi le cargo handling equipment, other than yard trucks, bulk cargo handling equipme nt, and RTG cranes, used to handle cargo containers. Basic Container Handling Equipment includes but is not limited to top handlers, side handlers, reach s tackers, straddle carriers, and forklifts. (4) “Bulk Cargo Handling Equipment” means mobile ca rgo handling equipment, other than yard trucks, basic container handling eq uipment, and RTG cranes, generally used to move non-containerized cargo, inc luding but not limited to dozers, excavators, loaders, tractors, mobile crane s (excluding rubber

- tired gantry cranes), and aerial lifts, and s weepers

. (5) “California Air Resources Board (CARB) Diesel F uel” 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, odorlessgas 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 veh icle, or used to perform maintenance and repair activities that are routinel y scheduled or that are due to predictable process upsets. Equipment includes, bu t is not limited to, mobile cranes, rubber-tired gantry cranes, yard trucks, top handl ers, side handlers, reach stackers, forklifts, loaders, sweepers, aerial lifts, excavators, and dozers. (8) “Certified Off-road Diesel Engine” means an eng ine certified to California off-road engine emission standards under title 13 CCR, secti on 2423. (9) “Certified On-road Diesel Engine” means an engi ne certified to California on-road diesel engine emission standards under title 13 CCR , section 1956.8. (10) “Compression Ignition (CI) Engine” means an in ternal 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 parc els 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, includi ng any mixture of primarily liquid hydrocarbons (HC) - organic compounds consisting ex clusively of the elements carbon and hydrogen - that is sold or represented b y the supplier as suitable for use in an internal combustion, compression-ignition engine. (13) “Diesel-Fueled” means a CI engine fueled by di esel fuel, CARB diesel fuel, or jet fuel, in whole or part. (14) “Diesel Oxidation Catalyst (DOC)” means a cata lyst promoting oxidation processes in diesel exhaust, and usually designed t o reduce emissions of the organic fraction of diesel particulates, gas-phase HC, and CO. (15) “Diesel Particulate Filter (DPF)” means an emi ssion control technology that reduces PM emissions by trapping the particles in aflow filter substrate and periodically removes the collected particles by eit her 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 agglome rate and adsorb other species to form structures of complex physical and chemical properties.B - 50

(17) “Dozer” means an off-road tractor, either trac ked 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 emi ssions, including, but not limited to, diesel oxidation catalysts, selective c atalytic 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 consisti ng of a backhoe and cab mounted on a pivot atop an undercarriage with tracks or whe els. (20) “Executive Officer” means the Executive Office r 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 ata 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 t o 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 effe cts: decreased emissions, improved fuel economy, increased performance of theengine; 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 en gine designed to operate using an alternative fuel, except that diesel fuel is used f or pilot ignition at an average ratio of no more than one part diesel fuel to ten parts t otal fuel on any energy equivalent basis. An engine that can operate or id le solely on diesel fuel at any time does not meet this definition. (25) “Hydrocarbon (HC)” means the sum of all hydroc arbon air pollutants. (26) “In-Use” means a CI engine that is not a “new”CI engine. (27) “Intermodal Rail Yard” means any transportatio n 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 R esources Board-verified diesel emission control strategies as set forth in title 1 3, CCR, section 2701 et seq: Level 1 means the strategy reduces engine diesel pa rticulate matter emissions by between 25 and 49 percent, Level 2 means the strategy reduces engine diesel particulate matter emissions by between 50 a nd 84 percent, and Level 3 means the strategy reduces engine diesel particulat e 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 wi th either tracks or rubber tires that uses a bucket on the end of movable arms to lift an d move material; can be also referred to as a front-end loader, front loader, sk id steer loader, backhoe, rubbertired loader, or wheeled loader. (31) “Military Tactical Support Cargo Handling Equi pment” 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 operatio ns, 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 mobil e cargo handling equipment for a specified minimum number of years and/or hours. (33) “Mobile Crane” means the propulsion engine ofa mobile machine, crane other than a rubber-tired gantry crane, with a hoisting m echanism mounted on a specially constructed truck chassis or carrier; a m obile 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 i f the manufacturer has no annual production period, the calendar year. (35) “Newly Purchased, Leased, or Rented Cargo Hand ling 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 aft er January 1, 2007. (36) “Nitrogen Oxides (NOx)” means compounds of nit ric oxide (NO), nitrogen dioxide (NO 2 ), and other oxides of nitrogen, which are typicall y created duringB - 52

combustion processes and are major contributors to smog formation and acid deposition. (37) “Non-Methane Hydrocarbons (NMHC)” means the su m of all HC air pollutants except methane. (38) “Non-Yard Truck Mobile Cargo Handling Equipmen t” means all mobile cargo handling equipment other than yard trucks. (39) “Ocean-going Vessel” means a commercial, gover nment, or military vessel meeting any one of the following criteria: (A) a vessel with a “registry” (foreign trade) endo rsement on its United States Coast Guard certificate of documentation, or a vess el that is registered under the flag of a country other than the United S tates; (B) a vessel greater than or equal to 400 feet in l ength 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 de fined in 46 CFR 69.51-.61, as adopted September 12, 1989; or (D) a vessel propelled by a marine compression igni tion engine with a percylinder displacement of greater than or equal to 3 0 liters. (40) “Off-Road Engine” means an engine used in an o ff-road vehicle, or piece of equipment, including a certified on-road diesel eng ine. (41) “Off-Road Vehicle or Equipment” means any non- stationary device, including registered motor vehicles, powered by an internal c ombustion engine or motor, used primarily off the highways to propel, move, or transport persons or property. (42) “Owner or Operator” means any person subject t o 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 corporat ion including but not limited to, a government corporation; and (B) any city, county, district, commission, the sta te or any department, agency, or political subdivision thereof, any interstate bo dy, and the federal government or any department or agency thereof to t he 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 f orm structures of complex physical and chemical properties.B - 53

(44) “Port” means a place, which typically consistsof different terminals, where cargo is loaded onto and unloaded from ocean-going vessel s primarily. A port includes military terminals that operate cargo handling equi pment when located as part of, or on contiguous properties with, non-military term inals. (45) “Portable CI Engine” means a compression ignit ion (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 sel f-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 engin e purchasing agreement, whichever is earliest. (47) “Railcar Mover” means an off-road vehicle fitt ed with rail couplers and capable of traveling on both roads and rail tracks. (48) “Reach Stacker” means an off-road truck-like c argo container handler that uses an overhead telescopic boom that can reach across t wo 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 car go handling equipment for a specified term. (51) “Retirement” or “Retire” means an engine or ve hicle that will be taken out of service by an owner or operator and will not be ope rated at a port or intermodal rail yard in the State of California. The engine m ay be sold outside of California or scrapped. (52) “Rubber-tired Gantry Crane or RTG Crane” meansan 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 emptyor loaded cargo containers by grabbing either two top corners on the longest s ide 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 own ed 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 Prot ection Agency in "Control of Emissions of Air Pollution from Nonroad Diesel Engi nes and Fuel; Final Rule" (Vol. 69, No. 124 Fed. Reg. pp. 38957-39273, June 2 9, 2004) which harmonize with the final amended emission standards for newlymanufactured off-road engines approved by the Air Resources Board on Dece mber 12, 2004. (57) “Top Handler or Top Pick” means an off-road tr uck-like cargo container handler that uses an overhead telescopic boom to lift emptyor loaded cargo containers by grabbing the top of the containers. (58) “Verification Procedure, Warranty and In-Use C ompliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (Verification Procedure)” means the Air Resources Board (ARB) reg ulatory 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 dies el engines using a particular emission control strategy. (59) “Verified Diesel Emission Control Strategy (VD ECS)” means an emission control strategy, designed primarily for the reduction of d iesel PM emissions, which has been verified pursuant to the “Verification Procedu re 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 u tility 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 Circum stances

***** (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 - 56B - 57 Proposed Amendments to the REGULATION TO ESTABLISH A STATEWIDE PORTABLE EQUIPM ENT REGISTRATION PROGRAM

Note: Proposed amendments are shown in underlineto indicate additions and strikeoutto indicate deletions, compared to the preexisting regulatory language.
Amend section 2450, title 13, California Code of Re gulations. § 2450. Purpose. These regulations establish a statewide program for the registration and regulation of portable engines and engine-associated equipment (p ortable engines and equipment units) as defined herein. Portable engines and equ ipment units registered under the Air Resources Board program may operate throughout the State of California without authorization (except as specified herein) or permi ts from air quality management or air pollution control districts (districts). These reg ulations preempt districts from permitting, registering, or regulating portable engines and equ ipment units, including equipment necessary for the operation of a portable engine (e .g. fuel tanks), registered with the Executive Officer of the Air Resources Board exceptin the circumstances specified in the regulations. NOTE: Authority cited: Section 39600, 39601, 41752, 41753, 41754, 41755, 43013(b), and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2451. Applicability. (a) Registration under this regulation is voluntaryfor owners of portable engines or equipment units. (b) This regulation applies to portable engines and equipment units as defined in section 2452. Except as provided in paragraph ( c) of this section, any portable engine or equipment unit may register unde r this regulation. Examples include, but are not limited to: (1) portable equipment units driven solely by port able engines including confined and unconfined abrasive blasting, Portland concrete batch plants, sand and gravel screening, rock crushing, a nd unheated pavement recycling and crushing operations; (2) consistent with section 209 (e) of the federal Clean Air Act, engines and associated equipment used in conjunction with t he following types of portable operations: well drilling, servi ce or work-over rigs; power generation, excluding cogeneration; pumps; co mpressors; diesel pile-driving hammers; welding; cranes; woodc hippers;B - 58 dredges; equipment necessary for the operation of p ortable engines and equipment units; and military tactical support equipment. (c) The following are not eligible for registration under this program: (1) any engine used to propel mobile equipment or amotor vehicle of any kind as defined in section 2452 ( z aa )(1)(A); (2) any engine or equipment unit not meeting the de finition of portable as defined in section 2452 ( cc dd ) of this regulation; (3) engines, equipment units, and associated engine s determined by the Executive Officer to qualify as part of a stati onary source permitted by a district; (4) any engine or equipment unit subject to an appl icable federal Maximum Achievable Control Technology standard, or National Emissions Standard for Hazardous Air Pollutants, or federal New Source Performance Standard, except for equipment units subject to 40 CFR Part 60 Subpart OOO (Standards of Performance for Nonmetallic Mineral Processing Plants); (5) any engine or equipment unit operating within t he boundaries of the California Outer Continental Shelf (OCS). [Note: This shall not prevent statewide registration of portable engines and equi pment units already permitted by a district for operation in the OCS. Such statewide registration shall only be valid for operation onshore and in St ate Territorial Waters (STW).]; (6) any dredging operation in the Santa Barbara Har bor; (7) any dredging unit owned by a single port author ity, harbor district, or similar agency in control of a harbor, and operated only within the same harbor; (8) generators used for power production into the g rid, except to maintain grid stability during an emergency event or other unfore seen event that affects grid stability; and (9) generators used to provide primary or supplemen tal power to a building, facility, stationary source, or stationary equipmen t, except during unforeseen interruptions of electrical power from t he serving utility, maintenance and repair operations, electrical upgra de operations including startup, shutdown, and testing that do not exceed 6 0 calendar days, operations where the voltage, frequency, or electri cal current requirements can only be supplied by a portable generator, or re mote operations where grid power is unavailable. (d) In the event that the owner of an engine or equ ipment unit elects not to register under this program, the engine or equipment unit shall be subject to district permitting requirements pursuant to district regulations. NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.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-i gnition engines, as set forth in title 13 of the California Code of Regulat ions (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 engine s, as set forth in title 13, CCR or 40 CFR Part 1048 in effect at the time of applic ation. (e) “ Compression-Ignition (CI) Engine ” means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. Compression-ignition engines usu ally control fuel supply instead of using a throttle to regulate power. (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 ti tle 13, CCR, section 2449(c)(56). ( g h ) “ District ” means an air pollution control district or air qu ality management district created or continued in existence pursuantto provisions of Part 3 (commencing with section 40000) of the California H ealth and Safety Code. ( h i ) “ Electrical Upgrade ” means replacement or addition of electrical equipm ent and systems resulting in increased generation, transmis sion and/or distribution capacity. ( i j ) “ Emergency Event ” means any situation arising from sudden and reaso nably unforeseen natural disaster such as earthquake, flo od, fire, or other acts of God, or other unforeseen events beyond the control of the p ortable engine or equipment unit operator, its officers, employees, and contractors that threatens public health and safety and that requires the immediate temporary operation of portable engines or equipment units to help alleviate the th reat to public health and safety. (j k) “ Engine ” means any piston driven internal combustion engin e. ( k l ) “ Equipment Unit ” means equipment that emits PM 10over and above that emitted from an associated engine.B - 60

( l m ) “ Executive Officer ” means the Executive Officer of the California Air Resources Board or his/her designee. ( m n ) “ Hazardous Air Pollutant (HAP) ” means any air contaminant that is listed pursuant to section 112(b) of the federal Clean Air Act. ( n o ) “ Home District ” means the district designated by the responsible official as the district in which the registered engine or equipmen t unit resides most of the time. For registered engines or equipment units based outof California, the responsible official shall designate the home distr ict based on where the registered engine or equipment unit is likely to beoperated a majority of the time the registered engine or equipment unit is in Calif ornia. ( o p ) “ Identical Replacement ” means a substitution due to mechanical breakdown of a registered portable engine or equipment unit w ith another portable engine or equipment unit that has the same manufacturer, type, model number, manufacturer’s maximum rated capacity, and rated brake horsepower; and is intended to perform the same or similar function asthe original portable engine or equipment unit; and has equal or lower emissionsexpressed as mass per unit time; and meets the emission requirements of s ections 2455 through 2457 of this article. ( p q ) “ In-field Inspection ” means an inspection that is conducted at the loca tion that the portable engine or equipment unit is operated u nder normal load and conditions. ( q r ) “ Location ” means any single site at a building, structure, f acility, or installation. ( rs ) “ Maximum Achievable Control Technology (MACT) ” means any federal requirement promulgated as part of 40 CFR Parts 61 and 63. ( s t ) “ Maximum Rated Capacity” is the maximum throughput rating or volume capacity listed on the nameplate of the registered equipment unit as specified by the manufacturer. ( t u ) “ 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. ( u v) “ Mechanical Breakdown ” means any failure of an engine’s electrical system or mechanical parts that necessitates the removal of t he registered engine from service. ( vw ) “ Modification ” means any physical change to, change in method ofoperation of, or an addition to a registered engine or equipm ent unit, which may cause or result in an increase in the amount of any air cont aminant emitted or the issuance of air contaminants not previously emitted . Routine maintenanceB - 61

and/or repair shall not be considered a physical ch ange. Unless previously limited by an enforceable registration condition, achange 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 equipmentunit 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 equipmen t unit from one location to another. ( wx) “ New Nonroad Engine ” means a nonroad engine, the equitable or legal ti tle to which has never been transferred to an ultimate pur chaser. If the equitable or legal title to an engine is not transferred to an u ltimate purchaser until after the engine is placed into service, then the engine will no longer be new after it is placed into service. A nonroad engine is placed in to service when it is used for its functional purposes. The term “ultimate purcha ser” means, with respect to a new nonroad engine, the first person who 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. ( y z ) “ 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 do es not require operation of the engine or equipment unit for purposes of the in spection. ( z aa ) “ Nonroad Engine ” means: (1) Except as discussed in paragraph (2) of this de finition, a nonroad engine is any engine: (A) in or on a piece of equipment that is self-prop elled or serves a dual purpose by both propelling itself and performing an other function (such as garden tractors, off-highway mobile cranesand bulldozers); or (B) in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and str ing trimmers); or (C) that, by itself or in or on a piece of equipmen t, is portable or transportable, meaning designed to be and capable o f being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, car rying handles, dolly, trailer, or platform. (2) An engine is not a nonroad engine if: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 engin es) that replaces an engine at a location and that is intend ed to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period . An engine located at a seasonal source is an engine that rema ins at a seasonal source during the full annual operating pe riod of the seasonal source. A seasonal source is a stationarysource that remains in a single location on a permanent basis ( at least two years) and that operates at that single location ap proximately three (or more) months each year. ( aa bb ) “ Outer Continental Shelf (OCS) ” shall have the meaning provided by section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. Section 1331 et seq.). ( bb cc ) “ Placard ” means a visible indicator supplied by the Air Reso urces Board to indicate that an engine or equipment has been regis tered in the Portable Equipment Registration Program and is in addition t o the registration identification device. ( cc dd ) “ Portable ” means designed and capable of being carried or mo ved from one location to another. Indicia of portability includ e, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platfor m. For the purposes of this regulation, dredge engines on a boat or barge are c onsidered portable. The engine or equipment unit is not portable if any of the following are true: (1) the engine or equipment unit or its replacementis attached to a foundation, or if not so attached, will reside at t he same location for more than 12 consecutive months. The period during whic h the engine or equipment unit is maintained at a storage facility shall be excluded from the residency time determination. Any engine or eq uipment unit such as back-up or stand-by engines or equipment units, tha t replace engine(s) or equipment unit(s) at a location, and is intended to perform the same or similar function as the engine(s) or equipment unit (s) being replaced, will be included in calculating the consecutive time per iod. In that case, the cumulative time of all engine(s) or equipment unit( s), including the time between the removal of the original engine(s) or eq uipment unit(s) and installation of the replacement engine(s) or equipm ent unit(s), will be counted toward the consecutive time period; orB - 63

(2) the engine or equipment unit remains or will re side at a location for less than 12 consecutive months if the engine or equipme nt unit is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a s tationary source that remains in a single location on a permanent basis ( at least two years) and that operates at that single location at least thre e months each year; or (3) the engine or equipment unit is moved from one location to another in an attempt to circumvent the portable residence time r equirements. ( dd ee ) “ Prevention of Significant Deterioration (PSD )” means any federal requirements contained in or promulgated pursuant t o Part C of the federal Clean Air Act. ( ee ff ) “ Process ” means any air-contaminant-emitting activity assoc iated with the operation of a registered engine or equipment unit. ( ff gg ) “ 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 act ivity. ( gg hh ) “ Project, for the purposes of State Territorial Wate rs (STW), ” means the use of one or more registered engines and equipment uni ts operating under the same or common ownership or control to perform any and a ll activities needed to fulfill specified contract work that is performed in STW. For the purposes of this definition, a contract means verbal or written comm itments covering all operations necessary to complete construction, exploration, ma intenance, or other work. Multiple or consecutive contracts may be considered one project if they are intended to perform activities in the same general area, the same parties are involved in the contracts, or the time period speci fied in the contracts is determined by the Executive Officer to be sequentia l. ( hh ii ) “ Provider of Essential Public Service (PEPS) ” means any privately-owned corporation or public agency that owns, operates, c ontrols, or manages a line, plant, or system for the transportation of people o r property, the transmission of telephone or telegraph messages, or the production, generation, transmission or furnishing of heat, light, water, power, or sanitat ion directly or indirectly to the public. ( ii jj ) “ Registration ” means issuance of a certificate by the Executive Officer acknowledging expected compliance with the applicab le 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

(jj kk) “ Rental Business ” means a business which rents or leases registered engines or equipment units. ( kk ll ) “ Renter ” means a pe rson who rents and/or operates registered engines or equipment units not owned by that person. ( ll mm ) “ 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 thatwas issued prior to January 1, 2006, or an engine that lost a permit to operate exemption through a formal district action. Moving an engine from a di strict that provides a permit to operate exemption to a district that requ ires a permit to operate or registration does not qualify for consideration as a resident engine; or (2) a certified compression-ignition engine that op erated in California at any time between March 1, 2004 and October 1, 2006. Th e responsible official shall provide sufficient documentation to prove the engine’s residency to the satisfaction of the Executive Offi cer. Examples of adequate documentation include but are not limited to: tax records, purchase records, maintenance records, or usage rec ords. An engine permitted or registered by a district pursuant to title 17, CCR,section 93116.3(b)(6) is not a resident engine. ( mm nn ) “ Responsible Official ” refers to an individual employed by the company or public agency with the authority to certify that th e registered engines or equipment units under his/her jurisdiction comply w ith applicable requirements of this regulation. A company or public agency may have more than one Responsible Official. ( nn oo ) “ 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-ig nition engines usually use a throttle instead of using fuel supply to control in take air flow to regulate power. ( oo pp ) “ State Territorial Waters (STW) ” includes all of the following: an expanse of water that extends from the California coastline to 3 miles off-shore; a 3 mile wide belt around islands; and estuaries, rivers, an d other inland waterways. ( pp qq ) “ Statewide Registration Program ” means the program for registration of portable engines and equipment units set out in thi s article. ( qq rr) “ Stationary Source ” means any building, structure, facility or instal lation which emits any air contaminant directly or as a fugitive emission. “Building,” “structure,” “facility,” or “installation” includesall pollutant emitting activities which: (1) are under the same ownership or operation, or w hich are owned or operated by entities which are under common control ; (2) belong to the same industrial grouping either b y virtue of falling within the same two-digit standard industrial classification c ode or by virtue of beingB - 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 adjace nt properties. [Note: For the purposes of this regulation a stati onary source and nonroad engine are mutually exclusive.] ( rrss ) “ Storage ” means a warehouse, enclosed yard, or other area e stablished for the primary purpose of maintaining registered engines o r equipment units when not in operation. (tt) “ Street Sweeper ” means the same as “Dual-engine Street Sweeper” de fined in title 13, CCR, section 2022(b)(2). ( ss uu ) “ Tactical Support Equipment (TSE) ” means equipment using a portable engine, including turbines, that meets military spe cifications, owned by the U.S. Department of Defense, the U.S. military services, or its allies, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. Examples include, bu t are not limited to, internal combustion engines associated with portable generat ors, aircraft start carts, heaters and lighting carts. ( ttvv) “ Third-party Rental ” means a non-rental business renting or leasing reg istered engines and/or equipment units to another party by written agreement. ( uu ww) “ Tier 1 Engine ” means a certified compression-ignition engine acc ording 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 acco rding 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. ( xx zz ) “ U.S. EPA” means the United States Environmental Protection Agency. ( yy aaa ) “ Vendor ” means a seller or supplier of portable engines or equipment units for use in California.B - 66

( zz bbb ) “ Volatile Organic Compound (VOC) ” means any compound containing at least one atom of carbon except for the following exempt compounds: acetone, ethane, parachlorobenzotrifluoride (1-chloro-4-trif luoromethyl benzene), methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonates, methylene chloride (dichloromethane), methyl chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodi fluoromethane), CFC-22 (chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentafl uoroethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a (tetrafluoroeth ane), HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifluoroet hane), HCFC-124 (chlorotetrafluoroethane), HFC-23 (trifluoromethane ), HFC-134 (tetrafluoroethane), HFC-125 (pentafluoroethane), H FC-143a (trifluoroethane), HFC-152a (difluoroethane), cyclic, branched, or lin ear completely methylated siloxanes, the following classes of perfluorocarbon s: (1) cyclic, branched, or linear, completely fluorin ated alkanes; (2) cyclic, branched, or linear, completely fluorin ated ethers with no unsaturations; (3) cyclic, branched, or linear, completely fluorin ated tertiary amines with no unsaturations; and (4) sulfur-containing perfluorocarbons with no unsa turations and with the sulfur bonds to carbon and fluorine, acetone, ethan e, and parachlorobenzotrifluoride (1-chloro-4-trifluoromet hyl benzene). NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2453. Application Process. (a) In order for an engine or equipment unit to be considered for registration by the Executive Officer, the engine or equipment unit mus t be portable as defined in section 2452 ( cc dd ) and meet all applicable requirements established in this article. (b) For purposes of registration under this article , an engine and the equipment unit it serves are considered to be separate emissions unit s and require separate applications. (c) For an identical replacement, an owner or opera tor of a registered portable engine or equipment unit is not required to complet e a new application and may immediately operate the identical replacement. Exc ept for TSE, the owner or operator shall notify the Executive Officer in writ ing within five calendar days of replacing the registered engine or equipment unit w ith an identical replacement. Notification shall include company name, responsibl e official, phone number,B - 67

registration certificate number of the engine or eq uipment unit to be replaced; and make, model, rated brake horsepower, serial num ber of the identical replacement, description of the mechanical breakdow n; and applicable fees as required in section 2461. Misrepresentation of eng ine or equipment unit information or the failure to meet the requirementsof this regulation shall be deemed a violation of this article. (d) The Executive Officer shall inform the applican t, in writing, if the application is complete or deficient, within 30 days of receipt ofan application. If deemed deficient, the Executive Officer shall identify the specific information required to make the application complete. (e) The Executive Officer shall issue or deny regis tration within 90 days of receipt of a complete application. (f) Upon finding that an engine or equipment unit m eets the requirements of this article, the Executive Officer shall issue a regist ration for the engine or equipment unit. The Executive Officer shall notify the appli cant in writing that the engine or equipment unit has been registered. The notificati on shall include a registration certificate, any conditions to ensure compliance wi th State and federal requirements, and a registration identification dev ice for each engine or equipment unit registered pursuant to this regulati on. Except for TSE, the registration identification device shall be affixed on the engine or equipment unit at all times, and the registration certificate incl uding operating conditions shall be kept on the immediate premises with the engine or e quipment at all times and made accessible to the Executive Officer or district upon request. Failure to properly maintain the registration identification d evice shall be deemed a violation of this article. (g) Except for TSE, each application for registrati on and the appropriate fee(s) as specified in section 2461, shall be submitted in a format approved by the Executive Officer and include, at a minimum, the fo llowing information: (1) indication of general nature of business (e.g., rental business, etc.); (2) the name of applicant, including mailing addres s and telephone number; (3) a brief description of typical engine or equipm ent-unit use; (4) detailed description, including engine or equip ment-unit make, model, manufacture year (for portable engines only), rated brake horsepower, throughput, capacity, emission control equipment, a nd serial number; (5) necessary engineering data, emissions test data , or manufacturer’s emissions data to demonstrate compliance with the r equirements as specified in sections 2455, 2456, and 2457; (6) for resident engines, a copy of either a curren t permit to operate that was granted by a district, or documentation as describe d in section 2452 ( ll mm ); and (7) the printed name and signature of the responsib le official and date of the signature.B - 68

(h) For TSE, application for registration and the a ppropriate fee(s) as specified in section 2461, shall be submitted in a format approv ed by the Executive Officer and include, at a minimum, the following informatio n: (1) the name of applicant, including mailing addres s and telephone number; (2) a brief description of typical engine or equipm ent-unit use; (3) engine or equipment-unit description, including type and rated brake horsepower; and (4) the printed name and signature of the responsib le official and date of the signature. (i) All registered engines and equipment units shal l have a designated home district as defined in section 2452 ( n o ) according to the following: (1) Owners holding valid registration(s) prior to t he effective date shall designate in writing to the Executive Officer a hom e district within 90 days of the effective date of this regulation. The Exec utive Officer shall designate the home district for any and all registe red engines and equipment units for existing registration program p articipants that fail to designate a home district; (2) a home district shall be designated on each app lication for initial registration of an engine or equipment unit; and (3) except for registered engines or equipment unit s owned by a rental business or involved in a third part rental, if the engine or equipment unit, based on averaging of annual operation in each dist rict from the three annual reports submitted during the 3 year registra tion cycle, operated the largest percentage of the time in a district other than the designated home district, the owner shall change the home district designation at the time of renewal. The change is not required if the differe nce between the home district operation percentage and the district with the largest operating percentage is 5 percent or less. (j) Engines or equipment units owned and operated f or the primary purpose of rental by a rental business shall be identified as rental at the time of application for registration and shall be issued a registration specific to the rental business requirements of this article. Misrepresentation ofportable 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 regist ered in the Statewide Registration Program are preempted by the statewide registration and are, therefore, considered null and void, except for the following circumstances where a district permit shall be required: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 o r registration apply to the registered engine or equipment unit while opera ting at the project(s) in the OCS and STW; or (3) at STW project(s) that trigger district emissio n offset thresholds; or (4) at any specific location where statewide regist ration is not valid. The owner of the engine or equipment unit shall obtain a district permit or registration for the location(s) where the statewid e registration is not valid; or (5) at any location where an engine or equipment un it that has been determined to cause a public nuisance as defined in Health and Safety Code Section 41700. Under no circumstances shall a portable engine or e quipment unit be operated under both statewide registration and a district pe rmit at any specific location. Where both a district permit for operation at a spe cific location and statewide registration have been issued for an engine or equi pment unit, the terms of the district permit shall take precedence at that locat ion. (m) When ownership of a registered engine or equipm ent unit changes, the new owner shall submit a change of ownership applicatio n. This application shall be filed within 30 days of the change of ownership. D uring the 30 day period the new owner is authorized to operate the registered e ngine or equipment unit. If an application is not received within 30 days, the engine or equipment unit may not operate and the existing registration is not va lid for the new owner until the application has been filed and all applicable fees have been paid. Registration will be reissued to the new owner after a complete application has been approved by the Executive Officer. (n) Except for TSE, a placard shall be required for every engine or equipment unit registered in the Statewide Registration Program. The placard shall be affixed on the registered engine or equipment unit at all t imes so that it may be easily viewed from a distance. Placards shall be purchase d at the time of the first renewal or at the time of initial registration, whi ch ever occurs first. Failure to properly maintain the placard shall be deemed a vio lation of this article. NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2454. Registration Process. (a) The Executive Officer shall make registration d ata 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 com pliance 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 t he issued registration. Failure to comply with such conditions shall be deemed a vi olation of this article; and (2) may operate within the boundaries of the State of California so long as such registered engines or equipment units comply w ith all applicable requirements of this article and any other applicab le federal or State law. (d) Districts shall provide the Executive Officer w ith written reports or electronic submittals via the Internet, describing any inspect ions and the nature and outcome of any violation of local, State or federal laws by the owner or operator of registered engines or equipment units. The Exec utive 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: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2455. General Requirements. (a) The emissions from engines or equipment units r egistered under this article shall not, in the aggregate, interfere with the attainmen t or maintenance of any California or federal ambient air quality standard. The emissions from one or more registered engines or equipment units, exclusi ve of background concentration, shall not cause an exceedance of anyambient air quality standard. This paragraph shall not be construed asrequiring operators of registered engines or equipment units to provide em ission offsets for engines or equipment units registered under this article. (b) Engines or equipment units registered under thi s article shall comply with article 1, chapter 3, part 4, division 26 of the CaliforniaHealth and Safety Code, commencing with section 41700. (c) Except for engines or equipment units permitted or registered by a district in which an emergency event occurs, an engine or equip ment unit operated during an emergency event as defined in section 2452 ( i j ) of this article, is considered registered under the requirements of this article f or the duration of the emergency event and is exempt from sections 2455, 2456, 2457, 2458, and 2459 of this article for the duration of the emergency event pro vided the owner or operator notifies the Executive Officer within 24 hours of c ommencing operation. The Executive Officer may for good cause refute that an emergency event under this provision exists. If the Executive Officer deems t hat an emergency event does not exist, all operation of engines and equipment u nits covered by this provisionB - 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 v iolation of this article. (d) For the purposes of registration under this art icle, the owner or operator of a registered equipment unit must notify the U.S. EPA and comply with 40 CFR 52.21 if: (1) the registered equipment unit operates at a maj or stationary source under 40 CFR 51.166 or 52.21, and (A) the major stationary source is located within 1 0 kilometers of a Class I area; or (B) the registered equipment unit, operating in co njunction with other registered equipment units, operates at the major s tationary source and its operation would be defined as a major modif ication to the stationary source under 40 CFR 51.166 or 52.21; or (2) the registered equipment unit, operating in con junction with other registered equipment units, would be defined as a m ajor stationary source, as defined under 40 CFR 51.166 or 52.21. NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2456. Engine Requirements. (a) For TSE, no air contaminant shall be discharged into the atmosphere, other than uncombined water vapor, for a period or periods agg regating more than three minutes in any one hour which is as dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by t he United States Bureau of Mines, or of such opacity as to obscure an observer ’s view to a degree equal to or greater than does smoke designated as No. 2 on t he Ringelmann Chart. No other requirements of this section are applicable t o TSE. (b) Registered diesel pile-driving hammers shall co mply with the applicable provisions of section 41701.5 of the California Hea lth and Safety Code and are otherwise exempt from further requirements of this section. (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 su bsection (f)(5). (d) Registered diesel engines used on a street swe eper 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 ar e otherwise exempt from further requirements of this section, except for su bsection (f)(5).B - 72

( c e ) To be registered in the Statewide Registration Program, a registered engine rated less than 50 brake horsepower shall be a cert ified compression-ignition engine or a certified spark-ignition engine, unlessno emission standards exist for that brake horsepower and year of manufacture. In that event, the engine shall comply with the applicable daily and annual emissio n limits contained in section 2456 ( d f )(6) of this article. No other requirements of thi s section are applicable to portable engines rated less than 50 brake horsepowe r. ( d f ) After January 1, 2006, engines rated equal to, o r greater than 50 bhp registered under this article shall: (1) be certified compression-ignition engines or ce rtified spark-ignition engines that meet the most stringent emissions stan dard in effect for the applicable horsepower range at the time the applica tion is submitted by the responsible official. Spark-ignition engines t hat are not certified sparkignition engines may be registered if they meet the emission standards in Table 1. Subsection ( d f )(1) does not apply to certified compression-igniti on engines built under the flexibility provisions list ed 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 93 116.3(b)(7) or 93116.3.1. (2) meet all applicable requirements in title 17, C CR, sections 93116 through 93116.5; (3) use only fuels meeting the standards for Califo rnia 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 Con trol Emissions from Diesel Engines; (4) not exceed particulate matter emissions concentration of 0.1 grain per standard dry cubic feet corrected to 12 percent CO 2 . This provision does not apply to certified compression-ignition engines , certified spark-ignition engines, or any spark-ignition engine meeting Table 1 requirements; (5) not discharge air contaminants into the atmosph ere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percen t opacity; and (6) not exceed the following emission limits: (A) 550 pounds per day per engine of carbon monoxid e (CO); (B) 150 pounds per day per engine of particulate ma tter less than 10 microns (PM 10 ); (C) for registered engines operating onshore, 10 to ns for each pollutant per district per year per engine for NOx, SOx, VOC, PM 10 , and CO in nonattainment areas; andB - 73 (D) for registered engines operating within STW: (1) the offset requirements of the corresponding on shore district apply. Authorization from the corresponding onshor e district is required prior to operating within STW. If auth orization is in the form of a current district permit, the termsand conditions of the district permit supersede the req uirements of the statewide registration for the project, exce pt that the most stringent of the technology and emission conce ntration limits required by the district permit or statewide registration are applicable. If the registered engine does not have a current district permit, the terms and conditions o f the statewide registration apply, and the corresponding onshore district may require offsets pursuant to district r ules and regulations. The requirement for district offsets shall not apply to the owner or operator of an engine(s) regi stered in the statewide registration program when the engine( s) is operated at a stationary source permitted by the di strict; and (2) the corresponding onshore district may perform an ambient air quality impact analysis (AQIA) for the proposed project prior to granting authorization. The owner or 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 stand ard. (E) for registered engines operating in the South C oast Air Quality Management District (SCAQMD), 100 pounds nitrogen o xides (NOx) per project per day [An owner may substitute SCAQMD permit or registration limits in effect on or befor e September 17, 1997 (optional)]; (F) 100 pounds NOx per registered engine per day, except in SCAQMD where the limit is 100 pounds NOx per project per day. (7) In lieu of (6)(E) and (6)(F) above, operation o f a registered new nonroad engine rated at 750 brake horsepower or greater for which a federal or California standard pursuant to 40 CFR Part 89 or t itle 13, 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) ab ove shall only apply onshore. (9) For certified compression-ignition engines, ce rtified spark-ignition engines, or any spark-ignition engine meeting Table 1 requir ements, the daily and annual emission limitations in section 6 above shal l not apply. (10) Effective January 1, 2010, all registered spar k-ignition engines rated at 50 brake horsepower or greater shall be certified spar k-ignition engines orB - 74 shall meet Table 1 requirements. For those spark i gnition engines that are not certified spark-ignition engines or do not meetTable 1 requirements, the registration shall expire on December 31, 2009 and the engine will not be allowed to operate under the authority of this r egulation. ( e g ) All registered engines shall be equipped with a f unctioning non-resettable hour meter, fuel meter or other operation tracking devic e approved by the Executive Officer. Engines registered prior to the effective date of this regulation, that are not equipped with a functional non-resettable hour meter, fuel meter or other operation tracking device shall install one and not ify ARB in writing within 6 months of the effective date of this regulation. ( f h ) Registered TSE is exempt from district New Source Review and Title V programs, including any offset requirements. Furth er, emissions from registered TSE shall not be included in Title V or New Source Review applicability determinations. NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

Table 1 Spark-ignition Engine Requirements*


### Pollutant Emission Limits NOx** VOC ** CO** 80 ppmdv NOx (1.5 g/bhp-hr) 240 ppmdv VOC (1.5 g/bhp-hr) 176 ppmdv CO (2.0 g/bhp-hr)
* These requirements are in addition to requirement s of section 2455 and 2456. ** For the purpose of compliance with this article, ppmdv is parts per million @ 15 percent oxygen ave raged over 15 consecutive minutes. Limits of ppmdv are t he approximate equivalent to the stated grams per brake horsepower hour limit based on assuming the e ngine is 24.2 percent efficient.B - 75

§ 2457. Requirements for Registered Equipment Uni ts. (a) Emissions from a registered equipment unit, ex clusive of emissions emitted directly from the associated portable engine, shall not exceed: (1) 10 tons per year per district of PM 10 ; and (2) 82 pounds per project per day of PM 10 . (3) For registered equipment units that operate wit hin STW and onshore, emissions released while operating both in STW and onshore shall be included toward the 10 tons per year limit. (b) 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 minut es in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity; (B) the particulate matter emissions shall be 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 t o demonstrate a minimum particulate matter control of 99 percent fo r the dust collection equipment; (D) except for vent filters, each fabric dust colle ctor shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters; and (E) there shall be no visible emissions beyond the property line on which the equipment is being operated. (2) Concrete batch plants: (A) all dry material transfer points shall be ducte d through a fabric or cartridge type filter dust collector, unless there are no visible emissions from the transfer point; (B) all cement storage silos shall be equipped with fabric or cartridge type vent filters; (C) the silo vent filters shall be maintained in proper operating condition; (D) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minut es in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity; (E) open areas and all roads subject to vehicular t raffic shall be paved, watered, or chemical palliatives applied to preventfugitive emissions in excess of 20 percent opacity or Ringel mann 1;B - 76 (F) silo service hatches shall be dust-tight; (G) as a part of application for registration, th e applicant shall provide

manufacturer’s specifications or engineering data t o demonstrate a minimum particulate matter control of 99 percent fo r the fabric dust collection equipment; (H) except for vent filters, each fabric dust colle ctor shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters; (I) all aggregate transfer points shall be equipped with a wet suppression system to control fugitive particulate emissions unless there are no visible emissions; (J) all conveyors shall be covered, unless the mate rial being transferred results in no visible emissions; (K) wet suppression shall be used on all stockpiled material to control fugitive particulate emissions, unless the stockpil ed material results in no visible emissions; and (L) there shall be no visible emissions beyond the property line on which the equipment is being operated. (3) Sand and gravel screening, rock crushing, and pavement crushing and

recycling operations: (A) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minut es in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity; (B) there shall be no visible emissions beyond the property line on which the equipment is being operated; (C) all transfer points shall be ducted through a f abric or cartridge type filter dust collector, or shall be equipped with a wet suppression system maintaining a minimum moisture content unles s there are no visible emissions; (D) particulate matter emissions from each crusher shall be ducted through a fabric dust collector, or shall be equipp ed with a wet suppression system which maintains a minimum moistu re content to ensure there are no visible emissions; (E) all conveyors shall be covered, unless the mate rial being transferred results in no visible emissions; (F) all stockpiled material shall be maintained at a minimum moisture content unless the stockpiled material results in n o visible emissions; (G) as a part of application for registration, the applicant shall provide manufacturer’s specifications or engineering data t o demonstrate a minimum particulate matter control of 99 percent fo r the fabric dust collection equipment; (H) except for vent filters, each fabric dust colle ctor shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters;B - 77 (I) open areas and all roads subject to vehicular t raffic shall be paved, watered, or chemical palliatives applied to preventfugitive emissions in excess of 20 percent opacity or Ringel mann 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 minut es in any one hour which is as dark as or darker than Ringelmann 2 or equivalent 40 percent opacity; (B) only California Air Resources Board-certified a brasive blasting material shall be used [Note: see title 17, CCR, se ction 92530 for certified abrasives.]; (C) the abrasive material shall not be reused; (D) no air contaminant shall be released into the a tmosphere which causes a public nuisance; (E) all applicable requirements of title 17, CCR s hall also apply; and (F) there shall be no visible emissions beyond the property line on which the equipment is being operated. (5) Tub grinders and trommel screens: (A) there shall be no visible emissions beyond the property line on which the equipment is being operated; (B) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minut es in any one hour which is as dark or darker than Ringelmann 1 o r equivalent 20 percent opacity; and (C) water suppression or chemical palliatives shall be used to control fugitive particulate emissions from the tub grinder whenever the tub grinder is in operation, unless there are no visibl e emissions. (c) Registered equipment units not described in section 2457(b) above, shall be subject to the most stringent district Best Availab le 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 registrati on for the equipment unit shall be made unless a complete application for modification has been filed and approved by the Executive Officer prior to operation.B - 78

(e) Registration is not valid for any equipment uni t operating at a location if by virtue of the activity to be performed hazardous air pollu tants will be emitted (e.g., rock crushing plant operating in a serpentine quarry). [Note: The equipment unit would be subject to the requirements of the 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: Sect ions 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 re gistered equipment units shall maintain records of operation of each registered en gine and equipment unit

. Recordkeeping for engines not previously required t o 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, fue l meter or other device approved by the Executive Officer has been installe d. 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. R ecords shall be maintained in a format approved by the Executive Officer and includ e, at a minimum, all of the following: (1) engine or equipment unit registration number; (2) recordings from an hour meter, fuel meter, or o ther device approved by the Executive Officer, and the corresponding dates of the recordings for each registered engine or equipment unit based on t he following: (A) for each project as defined in 2452 (ff gg ) or ( gg hh ), readings shall be recorded prior to the commencement of operation and at the completion of the project; or (B) for ongoing operation of a registered engine or equipment unit at multiple locations within a stationary source, read ings shall be recorded at the beginning and end of each calendar week; or (C) for each location, readings shall be recorded p rior to commencement of operation and upon completion of op eration at that location. (3) For registered engines and equipment units subj ect to a daily operational limitation, daily records of either hours of operat ion, fuel usage, or process throughput as applicable. (4) For equipment units subject to the requirementsof section 2457(b)(3), daily throughput shall be the sum of measurements o f material introduced into the equipment unit. These measurements shall be taken at the initial loading point(s) of the equipment unit. (5) recordings from an hour meter, fuel meter, or o ther device approved by the Executive Officer and the corresponding dates o f the recordings any time an engine or equipment unit is undergoing serv ice, repair, or maintenance; and (6) for each start and stop reading specified in (2 ) and (3) above, the location identified by district, county, or other indicator (i.e., street address, UTM coordinates, etc.)B - 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 keptonsite with the registered engine or equipment unit at all times. Recordkeep ing for registered engines not previously required to maintain records shall begin upon the effective date of the regulation or January 1, 2007, which ever is later. For registered engines not previously required to have an hour meter, fuel met er or other device approved by the Executive Officer, the owner or operator sha ll record hours of operation until the hour meter, fuel meter or other device ap proved by the Executive Officer has been installed. The owner shall provide each p erson who rents a registered engine or equipment unit with a written copy of app licable requirements of this article, including recordkeeping and notification r equirements, as a part of the agreement. The records, including written acknowle dgment by each renter of the registered engine or equipment unit of having recei ved the above information, shall be maintained by the rental business or the o wner of the registered engine or equipment unit involved in a third-party rental at a central location for five years, and made accessible to the Executive Officer or districts upon request. Records shall be maintained in a format approved bythe Executive Officer and include, at a minimum, for each rental engine all o f the following: (1) registered engine registration number; (2) dates for the start and end of the rental trans action; (3) hours of operation for each rental period inclu ding the hour meter reading at the start of the rental transaction and the hour meter reading at the end of the rental transaction; and (4) location of use (by district, county or other i ndicator (i.e., street address, UTM coordinates, etc.)). (c) For TSE, each military installation shall prov ide the Executive Officer an annual report, in a format approved by the Executive Offic er, within 60 days after the end of each calendar year. The report shall include the number, type, and rating of registered TSE at each installation as of December 31 of that calendar year, and be accompanied by the applicable fees pursuant to s ection 2461. Any variation of registered TSE to actual TSE shall be accounted for in this annual report, and the Executive Officer shall issue an updated TSE li st accordingly. A renewal registration will be issued with the updated TSE li st every three years according to expiration date. (d) For each registered engine subject to the requ irements of title 17, CCR, section 93116, the owner shall keep records and submit repo rts in accordance with title 17, CCR, section 93116.4.B - 81

(e) Except for registered engines or equipment unit s 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 equipme nt unit shall provide the Executive Officer an annual report sign ed by the responsible official, in a format approved by the Executive Officer, by M arch 1 of each calendar year containing all of the following information: (1) the reporting year; (2) the registration number of each registered engi ne 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 h ours of operation per quarter, for each registered engine; and (4) for registered equipment units, quarterly summa ries for each district or county in which the registered equipment unit was o perated and the total process weight or throughput. (f) The owner of a registered engine or equipment u nit owned by a rental business or used in a third-party rental transaction shall p rovide the Executive Officer an annual report signed by the responsible official, i n a format approved by the Executive Officer, by March 1 of each calendar year containing all of the following information: (1) the reporting year; (2) the registration number of each registered eng ine and/or equipment unit; (3) total hours of operation for the reporting year for each registered engine based on, and including, beginning and ending annua l hour meter readings and dates upon which the total hours of an nual operation calculation is based; (4) list of all counties in which the registered en gine operated in during the reporting year as reported by the entity(ies) that operated the registered engine; (5) estimate of the percentage of total hours for e ach engine operated in each of the counties identified in (4) above; and (6) for registered equipment units, quarterly and a nnual summaries for each district or county in which the registered equipmen t unit was operated and the total process weight or throughput. (g) the owner or operator of a registered engine or equipment unit used by a PEPS shall provide the Executive Officer an annual report, in a format approved by the Executive Officer, by March 1st of each calendar ye ar containing all of the following information: (1) the reporting year; (2) the registration number of each registered eng ine and/or equipment unit; (3) total hours of operation; and (4) estimate of the percentage of hours or fuel usa ge for the three counties in which the registered engine or equipment unit opera ted the most.B - 82

(h) Records requests made by a district or Executiv e Officer shall be made to the responsible official. The responsible official sha ll provide the requested records within 30 days from receipt of the request. Failur e to provide the records by the specified date shall be deemed a violation of this article. (i) Each district shall provide the Executive Offic er with an annual report, in a format approved by the Executive Officer, by March 31 foll owing the year in which the information was collected containing all of the fol lowing information: (1) the number of portable engines and equipment un its inspected; (2) the number of portable engines and/or equipmentunits 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 equ ipment units in California shall: (1) notify the buyer about this regulation; and (2) on a monthly basis submit to the Executive Offi cer the number of portable engines and/or portable equipment units sold by the vendor for use in California including: the name, address, and contact information of the purchaser, and description of the engine and/or equ ipment 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 areotherwise exempt from the requirements of this section. (l) Registered diesel engines used on a street swee per 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: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2459. Notification. (a) Except as listed in subsection (d) of this sect ion, if a registered equipment unit will be at a location for more than five days, the owner or operator of that registered equipment unit, shall notify the district in writing in a format approved by the Executive Officer, within two working days o f commencing operations in that district. If the registered equipment unit isto be moved to different locations within the same district, the owner or operator sha ll be subject to the notification requirements above, unless the owner or operator an d the district, by mutualB - 83

agreement, arrange alternative notification require ments on a case-by-case basis. The notification shall include all of the f ollowing: (1) the registration number of the registered equip ment unit; (2) the name and phone number of the responsible official or renter with information concerning the locations where the regi stered equipment unit will be operated within the district; and (3) estimated time the registered equipment unit wi ll be located in the district. (b) If the district has not been notified as requir ed in section 2459(a) above, because the owner or operator did not reasonably expect the duration of operation to trigger the notification requirement in section 245 9(a) above, the owner or operator shall notify the district, in a format app roved by the Executive Officer, within 12 hours of determining the registered equip ment unit will be operating at a location more than five days. (c) Owners and operators of TSE are not subject to the notification requirements of this section 2459. (d) For STW projects, the owner or operator of a re gistered engine or registered equipment unit shall notify the corresponding onsho re district in writing, in a format approved by the Executive Officer at least 1 4 days in advance of commencing operations in that district. The notifi cation shall include all of the following: (1) the registration number of the registered engin e or equipment unit; (2) the name and phone number of the responsible official with information concerning the locations where the registered engin e or equipment unit will be operated within the district; (3) estimated time the registered engine(s) or equi pment unit(s) will be located in the district; and (4) calculations showing the estimation of actual e missions expected for the project. (e) Except as listed in section 2459(d) above, own ers and operators of registered engines are not subject to notification requirement s. (f) The Executive Officer shall make available via the Internet a list of approved notification methods for each district. (g) Failure to provide the required notifications w ithin the timelines specified in this section shall be deemed a violation of this regulat ion. NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.B - 84

§ 2460. Inspections and Testing. (a) In determining if a portable engine or equipmen t unit is eligible for registration, the Executive Officer may inspect the portable engi ne or equipment unit and/or require a source test, at the owner’s expense. (b) Each district shall inspect all registered engi nes and equipment units for which the district has been designated as the home distri ct pursuant to section 2453(i) above, as specified below: (1) Within 45 days after the date of initial issuan ce or renewal of a registration, the owner or operator shall contact t he home district to arrange for inspection of the registered engine or equipment unit to be completed within one year of the initial registrati on or renewal date. If the registered engine or equipment unit shall be operat ing in a district, other than the home district, the owner or operator may r equest the home district to arrange for an inspection by that other district. (2) For portable engines, each home district should conduct no more than 20 percent of the arranged inspections for that distri ct as in-field inspections. All arranged inspections not conducted as in-field inspections shall be conducted as non-field inspections. If a portable engine is found in violation during an in-field inspection, the next a rranged inspection for that engine shall be an in-field inspection. This secti on does not limit the authority of a district to conduct any number of no n-arranged in-field or non-field inspections for which no fee is charged. (3) For registered equipment units operating with r egistered engines, the owner or operator may not request that the register ed engine be inspected at the hourly rate specified in Table 3 for equipme nt unit inspections. Inspection fees for registered engines are to be pa id as listed in item 14 in Table 3. (4) Arranged inspections for PEPS engines and regis tered equipment units shall be non-field inspections unless an in-field i nspection is requested by the holder of the registration and a reasonable in- field inspection location is arranged with the appropriate district. (5) The time for an arranged inspection shall be ag reed upon in advance with the district and company preferences regarding time of day shall be accommodated within reason. To the extent that an arranged inspection does not fall within the district’s normal workday, the district may charge for the off-hour time based on a fee as specified i n Table 3. (6) If an arranged inspection of a registered engin e or registered equipment unit does not occur due to unforeseen circumstances , the owner or operator and the home district shall reschedule the arranged inspection no later than 90 days of the initially scheduled inspe ction. Any unreasonable actions on the part of the owner or operator that p revents the inspection toB - 85 occur within the specified time frame shall be deem ed a violation of this article. Actions taken by the owner or operator th at could be deemed “unreasonable” include, but are not limited to: (A) failing to respond to the district corresponden ces or other contracts made to schedule the inspection; (B) failing to ensure that the registered engine or equipment unit is in operation for arranged “in-field inspections” or wh ere the district has provided advance notification to the owner or opera tor that the registered engine or equipment unit is required to be observed in operation. (7) The owner or operator may request the schedulin g of one or more arranged inspections for multiple engines in order to qualify for an inspection fee discount as specified in section 246 1 (d). Within 45 days of date of initial issuance of registration or by Janu ary 30 of each year for renewals, the owner or operator shall submit a lett er of intent including an equipment list and registration numbers to the dist rict to arrange for inspection of multiple engines. The inspections sh all be completed within one year after the registration renewal date for ea ch engine inspected. (8) If a registered engine or equipment unit is ou t of California for one year or more following initial registration or renewal, the engine or equipment unit shall be excused from having the arranged inspectio n within that period if: (A) within 45 days after the date of initial issuan ce or renewal of the registration, the owner or operator submitted a let ter to the district noting the registration number of the registered en gine or equipment unit and that the engine or unit is out o f California for the one-year period; and (B) upon the return of the registered engine or equ ipment unit to the State, the owner or operator shall arrange to have the registered engine or equipment unit inspected within 30 days. (c) After issuance of registration, the Executive O fficer or district may at any time conduct an inspection of any registered engine or e quipment unit in order to verify compliance with the requirements of this article. The district shall not charge the owner or operator an additional inspection fee for that inspection. Source testing of engines for compliance purposes shall not be req uired more frequently than once every three years (including testing at the ti me of registration), except as provided in section 2460 (e), unless evidence of en gine tampering, lack of proper engine maintenance, or other problems or operating conditions that could affect engine emissions are identified. In no event shall the Executive Officer or district require source testing of a registered engine for w hich there is no applicable emission standard, emission limit or other emission related requirement contained in this regulation.B - 86

(d) Testing shall be conducted in accordance with t he following methods or other methods approved by the Executive Officer: Particulate Matter: ARB Test Method 5 with probe catch and filter catch only VOC: ARB Test Method 100 or U.S. EPA Test Metho d 25A

NOx: ARB Test Method 100 or U.S. EPA Test Meth od 7E Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 10 Oxygen: ARB Test Method 100 or U.S. EPA Test Met hod 3A Gas Velocity and Flow Rate: ARB Test Method 1 & 2 o r U.S. EPA Test Method 1 & 2 (e) Initial or follow-up source testing of engines to verify compliance with the requirements of this regulation shall not be requir ed for certified compression-ignition engines and spark-ignition en gines. (f) The exemption provided in section 2460 (e) shal l not apply to source testing of engines for compliance purposes where evidence of e ngine tampering, lack of proper engine maintenance, or other problems or ope rating conditions that could affect engine emissions are identified. NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sect ions 41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2461. Fees. (a) Except as otherwise set out herein, the Executi ve Officer shall assess and collect reasonable fees for registration, renewal, and asso ciated administrative tasks, to recover the estimated costs to the Executive Office r for evaluating registration applications, and issuing registration documentatio n. (b) Fees shall be due and payable to the Executive Officer at the time an application is filed or as part of any request requiring a fee. Fees are nonrefundable except in circumstances as determined by the Executive Off icer. (c) Except as provided in (k) below, the owner or o perator of a registered engine or equipment unit shall submit fees to the Executive O fficer and to districts in accordance with Table 3. (d) The Executive Officer shall collect an inspecti on fee as listed in Table 3 one time per every three calendar years for each registered engine to be paid upon initial application and renewal. Except for TSE, when mult iple registered engines are inspected at a given source or location, the owner shall receive a discount if the owner or operator intends to arrange multiple engin es inspections with the district and complies with the requirements specified in 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 enginesB - 87

(e) Failure to pay renewal fees when due may resultin penalties. If a fee payment is not received or postmarked by the specified due dat e, fee penalties may be assessed per unit in accordance with Table 3. Fail ure to pay renewal fees prior to expiration may result in cancellation of the reg istration. If a registration has expired for an engine or equipment unit that is eli gible for reactivation, a canceled registration may be reactivated after payment of al l renewal and penalty fees. Registration may be reissued under the original reg istration number and expiration date. A portable engine or equipment un it without valid registration is subject to the rules and regulations of the district in which it operates. (f) Fees shall be periodically revised by the Execu tive Officer in accordance with the consumer price index, as published by the United St ates Bureau of Labor Statistics. (g) A district may collect a fee for the inspection of a registered equipment unit pursuant to section 2460(b)(3). The district shall bill the owner of the equipment unit at a rate as specified in Table 3 of the regul ation for actual staff time taken to perform the inspection, not to exceed the amount sp ecified in Table 3. Upon receipt of the invoice for the inspection fee, the owner shall have the right to appeal the district’s fee determination to the dist rict Air Pollution Control Officer pursuant to the provisions of the district’s rules and regulations that govern appeals of fee determinations. (h) The Executive Officer shall annually distribute district inspection fees collected for that year. General inspection fees will be dis tributed equally among the districts. Home district inspection fees will be d istributed to the corresponding home district. (i) TSE fees are due at the time of the report purs uant to section 2458(c). Failure to submit the annual report and applicable fees within six calendar months after the end of the year will result in cancellation of the registration. For TSE, if registration is cancelled or allowed to expire, the applicant shall reapply and pay initial registration fees. (j) The district may collect an inspection fee as l isted in Table 3 one time per calendar year for each registered TSE inspected. W hen multiple registered TSE units are inspected at a given source or location, the inspection fee shall be equal to the lesser of the actual cost, including s taff time, for conducting the inspection or the fee as listed in Table 3 per regi stered portable engine or equipment unit inspected. If the district performsan inspection leading to determination of non-compliance with this article, or any applicable state or federal requirements, the district may charge a fee as listed in Table 3 per portable engine or equipment unit for each inspecti on necessary for the determination and ultimate resolution of the violat ion. In no event shall the total fees exceed the actual costs, including staff time, to the district of conducting the investigations and resolving any violations.B - 88

(k) Portable engines qualifying for initial registration as resident engines per section 2452( ll mm )(2) shall use the Table 2 fee schedule. The fees c ollected 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( uu ww), registration fees will be based on the year listed in Table 2, as determin ed 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 eng ine was purchased (as verified by the Executive Officer) or the model yea r of the engine (if purchase date is not available). Table 2 Registration Fees For Resident Engines Per Section 2452( ll mm )(2) Portable Engine Date* Application

Submitted on or Before 12/31/07 Application

Submitted in 2008 Application

Submitted in 2009 1996 $2,353 $3,130 $5,000 1997 $2,195 $2,920 $4,685 1998 $2,038 $2,710 $4,370 1999 $1,880 $2,500 $4,055 2000 $1,723 $2,290 $3,740 2001 $1,565 $2,080 $3,425 2002 $1,408 $1,870 $3,110 2003 $1,250 $1,660 $2,795 2004 $1,093 $1,450 $2,480 2005 $935 $1,240 $2,165 2006 $778 $1,030 $1,850 *As determined in section 2461(k)B - 89 Table 3 Fees for Statewide Registration Program (Fees are per registered unit except where noted ot herwise) 1 Initial Registration $270.00 2 TSE, initial registration A Registration of first 25 units (or portion thereo f) $750.00 B Registration of every additional 50 units (or portion thereof) $750.00 3 Change of status from non-operational to operatio nal A Where initial evaluation has not been previously completed $180.00 B Where initial evaluation has been previously comp leted $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 regi stration expiration date $45.00 B Postmarked within the calendar month prior to reg istration 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 equ ipment unit $75.00 9 Change of ownership $75.00 10 Replacement of registration identification devic e or placard $30.00 11 Correction to an engine or equipment unit descri ption $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 every3 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, p aid annually $10.00
B District inspection fee per TSE unit per inspection $75.00

18 Placard $5.00B - 90

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2462. Duration of registration. (a) Except for registrations that will expire on De cember 31, 2009 pursuant to sections 2456( d f )(10) and 17 CCR 93116.3(b)(1)(A), registrations an d renewals will be valid for three years from date of issuance. For change of ownership, the registration shall retain the original expiration date, except w here the registration has expired. (b) The Executive Officer shall mail to the owner o f a registered engine or equipment unit a renewal invoice at least 60 days prior to th e registration expiration. Failure to send or receive a renewal invoice does not relieve the responsible official from paying all applicable fees when due. NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2463. Suspension or Revocation of Registration. (a) The Executive Officer for just cause may suspen d or revoke registration in any of the following circumstances: (1) the holder of registration has violated one or more terms and conditions of registration or has refused to comply with any of t he requirements of this article; (2) the holder of registration has materially misr epresented the meaning, findings, effect or any other material aspect of the registra tion application, including submitting false or incomplete information in its a pplication for registration regardless of the holder’s personal knowledge of th e falsity or incompleteness of the information; (3) the test data submitted by the holder of regis tration to show compliance with this regulation have been found to be 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 reg istered engines and equipment units are operated or stored and are prev ented from inspecting such engines or equipment units as provided for in this article (the duty to provide access applies whether or not the holder ofregistration owns or controls the facility or location in question); (5) enforcement officers of the ARB or the district s, after presentation of proper credentials, have been denied access to any recordsrequired by this regulation for the purpose of inspection and duplic ation;B - 91

(6) the registered engine or equipment unit has fa iled in-use to comply with the findings set forth in the registrat ion. For the purposes of this section, noncompliance with the registration may in clude, but is not limited to: (A) a repeated failure to perform to the standardsset forth in this article; or (B) modification of the engine or equipment unit t hat results in an increase in emissions or changes the efficiency or operating conditions of such engine or equipment unit, without prior notice to a nd 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 w riting by the issuing district. (8) the holder of the registration has failed to pa y 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 su spension 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 iseffective upon receipt of the notification. (d) A holder of registration having received a noti ce to revoke or suspend registration may request that the action be stayed pending a hea ring under section 2464. In determining whether to grant the stay, the Executiv e 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 stayif 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 pursuantto (a) above, the holder of registration shall satisfy and correct all noted re asons for the suspension and submit a written report to the Executive Officer advising him or her of all such steps taken by the holder before the Executive Officer will consid er reinstating the registration. (f) After the Executive Officer suspends or revokesa registration pursuant to this section and prior to commencement of a hearing unde r 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 Exec utive Officer from taking any other action provided for by law for violations of the He alth and Safety Code. NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.

§ 2464. Appeals. (a) Hearing Procedures. (1) Any applicant for registration whose applicati on 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 sen ding 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 suspen ding registration or the written notification of denial; (D) a concise statement of the issues to be raised , with supporting facts, setting forth the basis for challenging the denial, suspension, or revocation (mere conclusory allegations will not su ffice); (E) a brief summary of evidence in support of the statement of facts required in (D) above; and (F) the signature of an authorized person requesti ng the hearing. (2) A request for a hearing shall be filed within 20 days from the date of issuance of the notice of the denial, suspension, or revocat ion. (3) A hearing requested pursuant to this section s hall be heard by a qualified and impartial hearing officer appointed by the Executiv e 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 requestfor 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 o fficer shall schedule and hold, as soon as practicable, a hearing at a time and pla ce determined by the hearing officer. (5) Upon appointment, the hearing officer shall es tablish a hearing file. The file shall consist of the following:B - 93 (A) the determination issued by the Executive Offi cer which is the subject of the request for hearing; (B) the request for hearing and the supporting doc uments that are submitted with it; (C) all documents relating to and relied upon in m aking the determination to deny registration or to suspend or revoke regist ration; 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 re presented by counsel or by any other duly-authorized representative. (8) The ARB may be represented by staff or counsel familiar with the registration program and may present rebuttal evidence. (9) Technical rules of evidence shall not apply to the hearing, except that relevant evidence may be admitted and given probative effectonly if it is the kind of evidence upon which reasonable persons are accustom ed to relying in the conduct of serious affairs. No action shall be ove rturned based solely on hearsay evidence, unless the hearsay evidence would be admissible in a court of law under a legally recognized exception t o the hearsay rule. (10) The hearing shall be recorded either electron ically or by a certified shorthand reporter. (11) The hearing officer shall consider the totality of the circumstances of the denial, suspension, or revocation, including but no t limited to, credibility of witnesses, authenticity and reliability of document s, and qualifications of experts. The hearing office r may also consider relevant past conduct of the applicant including any prior i ncidents involving other ARB programs. (12) The hearing officer’s written decision shall s et 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 fin ding 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 f ollowing: (A) uphold the denial, suspension, or revocation a ction as issued; (B) reduce a revocation to a suspension; (C) increase a suspension to a revocation if the r egistration holder's conduct so warrants; or (D) overturn a denial, suspension, or revocation i n its entirety. (14) The Executive Officer shall render a final wri tten decision within 60 working days of the last day of hearing. The Executive Off icer may do any of the following:B - 94 (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 hearin g 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 wri tten submission. (2) In such case the requestor must submit a writte n explanation of the basis for the appeal and provide supporting documents within 20 days of making the request. Subsequent to such a submission the follo wing shall transpire: (A) ARB staff shall submit a written response to t he requestor’s submission and documents in support of the Executive Officer'saction no later than 10 days after receipt of requestor’s submission; (B) The registration holder may submit one rebutta l statement which may include supporting information, as attachment(s), b ut 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 inf ormation, as attachment(s), but limited to the issues previouslyraised; 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 an d such other documents as described in (a) 13 above to the Execu tive Officer no later than 30 working days after the final deadline for submission of papers. The Executive Officer’s final decision sha ll 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 writ ten decision within 60 working days of the last day of hearing. The Execu tive Officer may do any of the following: (1) adopt the hearing officer’s proposed decision; (2) modify the hearing officer’s proposed decision ; or (3) render a decision without regard to the hearin g officer’s proposed decision.

NOTE: Authority cited: Sections 39600, 39601, 41752 , 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.B - 95

§ 2465. Penalties. Violation of the provisions of this article may res ult 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: Sections41750, 41751, 41752, 41753, 41754, and 41755, Health and Safety Code.B - 96B - 97 PROPOSED REGULATION ORDER

AIRBORNE TOXIC CONTROL MEASURE FOR DIESEL PARTICULATE MATTER FROM PORTABLE ENGINES RATED AT 50 HORSEPOWER AND GR EATER

Note: Proposed amendments are shown in underlineto indicate additions and strikeoutto indicate deletions, compared to the preexisting regulatory language.
Amend section 93116, title 13, California Code of R egulations 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 di esel are subject to this regulation. (b) The following portable engines are not subject to this regulation: (1) Any engine used to propel mobile equipment or amotor vehicle of any kind; (2) Any portable engine using an alternative fuel; (3) Dual-fuel diesel pilot engines that use an alte rnative fuel or an alternative diesel fuel; (4) Tactical support equipment; (5) Portable diesel-fueled engines operated on eith er San Clemente or San Nicolas Island; (6) Engines preempted from State regulation under 4 2 USC §7543(e)(1); and (7) Portable diesel-fueled engines operated at airp orts that satisfy the following requirements: (A) the equipment is subject to the South Coast Gro und 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 ach ieved byB - 98 satisfying the requirements of the MOU are equivale nt to the reductions achieved by this control measure. (8) Engines used exclusively on cranes shall meet a ll applicable requirements in Title 13 of the California Code of Regulations commencing with section 2449; (9) Engines used exclusively on street sweepers tha t are not subject to Title 13 CCR section 2022 shall meet all applicable requi rements in Title 13 of the California Code of Regulations commencing with section 2025. Authority cited: Sections 39600, 39601, 39650, 3965 8, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Secti ons 39650, 39666, 41752 Health and Safety Code.

§ 93116.2 Definitions. (a) For the purposes of these regulations, the foll owing definitions apply: (1) “ Air Pollution Control Officer or APCO” 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 D9 75-81, or an alternative fuel, and does not require engine or fuel system mo difications for the engine to operate, although minor modifications (e.g., rec alibration of the engine fuel control) may enhance performance. An emission cont rol strategy using a fuel additive will be treated as an alternative diesel f uel 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 fu el 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 comb ination is mixed than required for a single fueling of a singl e engine. (4) “ CARB Diesel Fuel ” means any diesel fuel that is commonly or commerci ally known, sold, or represented by the supplier as dies el fuel No. 1-D or No. 2-D,B - 99 pursuant to the specification for Diesel Fuel Oils D975-81, and that meets the specifications defined in Title 13 CCR, sections 22 81, 2282, and 2284. (5) “ Certified Nonroad Engine” refers to an engine meeting an applicable nonroad engine emission standard as set forth in Title 13 o f the California Code of Regulations or CFR 40 Part 89. (6) “ Crane” means the same as “Two-Engine Crane” defined in Ti tle 13, CCR, section 2449(c)(56) (6 7 ) “ Diesel Fuel

” means any fuel that is commonly or commercially k nown, sold, or represented by the supplier as diesel fuel, incl uding any mixture of primarily liquid hydrocarbons—organic compounds con sisting exclusively of the elements carbon and hydrogen—that is sold or re presented as suitable for use in an engine. (7 8 ) “ Diesel-Fueled

” means fueled by diesel fuel, or CARB diesel fuel, in whole or part. (8 9 ) “ Diesel Particulate Matter (PM)” means the particles found in the exhaust of diesel-fueled engines which may agglomerate and ads orb other species to form structures of complex physical and chemical properties. (9 10 ) “ District

” means a District as defined in Health and Safety Code section 39025. (10 11 ) “ Dual-fuel Diesel Pilot Engine” means a dual-fueled engine that uses diesel fuel as a pilot ignition source at an annual averag e ratio of less than 5 parts diesel fuel to 100 parts total fuel on an energy eq uivalent basis. (11 12 ) “ Emergency

” means providing electrical power or mechanical wo rk during any of the following events and subject to the followin g conditions: (A) the failure or loss of all or part of normal el ectrical power service or normal natural gas supply to the facility: 1. which is caused by any reason other than the enf orcement of a contractual obligation the owner or operator has wi th a third party or any other party; and 2. which is demonstrated by the owner or operator t o the district APCO’s satisfaction to have been beyond the reasona ble control of the owner or operator; (B) the failure of a facility’s internal power dist ribution system:B - 100 1. which is caused by any reason other than the enf orcement of a contractual obligation the owner or operator has wi th a third party or any other party; and 2. which is demonstrated by the owner or operator t o the district APCO’s satisfaction to have been beyond the reasona ble control of the owner or operator; (C) the pumping of water or sewage to prevent or mi tigate a flood or sewage overflow; (D) the pumping of water for fire suppression or protection; (E) the pumping of water to maintain pressure in th e water distribution system for the following reasons: 1. pipe break; or 2. high demand on water supply system due to high u se of water for fire suppression; (F) the breakdown of electric-powered pumping equip ment at sewage treatment facilities or water delivery facilities; (G) the training of personnel in the use of portabl e equipment for emergency purposes. (12 13 ) “ Emergency Event ” refers to a situation arising from a sudden and re asonably unforeseen natural disaster such as an earthquake, flood, fire, or other acts of God, or other unforeseen event that requires the us e of portable engines to help alleviate the threat to public health and safe ty. (13 14 ) “ Engine” means any piston-driven internal combustion engin e. (14 15 ) “ Engines Used Exclusively in Emergency Applications ” refer to engines that are used only during an emergency or emergency even t, and includes appropriate maintenance and testing. (15 16 ) “ Executive Officer ” means the Executive Officer of the California Air Resources Board (CARB) or his/her designee. (16 17 )“ Fleet

” refers to a portable engine or group of portable engines that are owned and managed by an individual operational enti ty, such as a business, business unit within a corporation, or individual c ity or state department under the control of a Responsible Official. Engines tha t 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

(17 18 )“ Fuel Additive” means any substance designed to be added to fuel or fuel systems or other engine-related systems such that i t is present in-cylinder during combustion and has any of the following effe cts: decreased emissions, improved fuel economy, increased performance of theengine; or assists diesel emission control strategies in decreasing em issions, or improving fuel economy or increasing performance of the engine. F uel additives used in conjunction with diesel fuel may be treated as an a lternative diesel fuel. (18 19 )“ In-Use Engines ” refers to portable diesel-fueled engines operatin g under valid permits or registrations as of December 31, 2 005. (19 20 )“ 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, Califor nia Code of Regulations, commencing with section 2700, and has demonstrated an reduction in diesel particulate matter of 85% or greater. (20 21 )“ Location” means any single site at a building, structure, f acility, or installation. (21 22 )“ Low-Use Engines ” refers to portable diesel-fueled engines that ope rate 80 hours or less in a calendar year. (22 23 )“ Maximum Rated Horsepower (brake horsepower (bhp))” is the maximum brake horsepower rating specified by the portable e ngine manufacturer and listed on the nameplate of the portable engine. (23 24 )“ Nonroad Engine” means: (A) Except as discussed in paragraph (2) of this de finition, a nonroad engine is any engine: 1. in or on a piece of equipment that is self-prope lled or serves a dual purpose by both propelling itself and performing an other function (such as garden tractors, off-highway mobile cranesand bulldozers); or 2. in or on a piece of equipment that is intended t o be propelled while performing its function (such as lawnmowers and str ing trimmers); or 3. that, by itself or in or on a piece of equipment , is portable or transportable, meaning designed to be and capable o f being carried or moved from one location to another. Ind icia of transportability include, but are not limited to, w heels, skids, carrying handles, dolly, trailer, or platform.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 lo cated at a seasonal source. Any engine(s) that replace(s) an engine at a location and that is intended to perform the same o r similar function as the engine replaced will be included in calculat ing the consecutive time period. An engine located at a se asonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasona l source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at tha t single location approximately three (or more) months each year. (24 25 )“ Off-Road Engine” means the same as nonroad engine. (25 26 )“ Outer Continental Shelf (OCS )” shall have the meaning provided by section 2 of the Outer Continental Shelf Lands Act (43 USC Se ction 1331 et seq.). (26 27 ) “ Participating Airlines ” means the collective group of Individual Particip ating Airlines under the MOU, which currently is as follo ws: ABX Air, Inc. (formerly Airborne Express), Alaska Airlines, America West Ai rlines, American Airlines, ATA Airlines (formerly American Trans Air), Contine ntal Airlines, Delta Air Lines, Astar Air Cargo (formerly DHL Airways), Fede ral 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 Airl ines does not mean the Air Transportation Association of America, Inc. (27 28 ) “ Permit

” refers to a certificate issued by the Air Polluti on Control Officer acknowledging expected compliance with the applicab le requirements of the district’s rules and regulations. (28 29 ) “ Portable” means designed and capable of being carried or mo ved from one location to another. Indicia of portability includ e, 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 main tained 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 calcu lating 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 t he 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 se asonal source and operates during the full annual operating period ofthe seasonal source, where a seasonal source is a stationary source thatremains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each yea r; or (C) the engine is moved from one location to anothe r in an attempt to circumvent the portable residence time requirements

. (29 30 )“ Project

” means the use of one or more registered or permitt ed portable engines or equipment units operated under the same or common ownership or control to perform a single activity. (30 31 )“ Registration” refers to either: (A) a certificate issued by the Executive Officer a cknowledging 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 requirement s of the district's Portable Equipment Registration Program. (3 1 32 )“ Responsible Official ” refers to an individual employed by the company o r public agency with the authority to certify that th e portable engines under his/her jurisdiction comply with applicable require ments of this regulation. A company or public agency may have more than one Res ponsible Official. (32 33 )“ Selective Catalytic Reduction (SCR) System ” refers to an air pollution emissions control system that reduces oxides of nit rogen (NOx) emissions through the catalytic reduction of NOx by injecting nitrogen-containing compounds into the exhaust stream, such as ammonia or urea. (33 34 )“ Stationary Source” means any building, structure, facility or instal lation that emits any air contaminant directly or as a fugitive emission. Building, structure, facility, or installation includes all p ollutant emitting activities which:B - 104 (A) are under the same ownership or operation, or w hich are owned or operated by entities which are under common control ; and (B) belong to the same industrial grouping either b y virtue of falling within the same two-digit standard industrial classificati on code or by virtue of being part of a common industrial process, manufact uring process, or connected process involving a common raw material; and (C) are located on one or more contiguous or adjace nt properties. [Note: For the purposes of this regulation a stati onary source and nonroad engine are mutually exclusive.] (34 35 ) “ Stock Engine” means a certified diesel-fueled engine that has n ever been placed in service and is part of a supply of engine s offered for sale, rent, or lease by a person or company who offers for sale, r ent, or lease engines and related equipment for profit. (35 36 )“ Storage” means a warehouse, enclosed yard, or other area e stablished for the primary purpose of maintaining portable engineswhen not in operation. (37) “ Street Sweeper ” means the same as “Dual-engine Street Sweeper” de fined in Title 13, CCR, section 2022(b)(2). (36 38 )“ Tactical Support Equipment (TSE)” means equipment using a portable engine, including turbines, that meets military spe cifications, owned by the U.S. Department of Defense and/or the U.S. militaryservices or its allies, and used in combat, combat support, combat service supp ort, tactical or relief operations, or training for such operations. Examp les include, but are not limited to, engines associated with portable genera tors, aircraft start carts, heaters and lighting carts. (37 39 )“ Tier 4 Emission Standards ” refers to the final emission standards adopted by the U.S. EPA for newly manufactured nonroad engines

. (38 40 )“ Transportable” means the same as portable. (39 41 )“ Verified Emission Control Strategy ” refers to an emission control strategy, designed primarily for the reduction of diesel PM e missions which has been verified pursuant to the “Verification Procedure fo r In-Use Strategies to Control Emissions from Diesel Engines” in Title 13, California Code of Regulations, commencing with section 2700, and inco rporated by reference. (40 42 )“ U.S. EPA ” refers to the United States Environmental Protect ion Agency. Authority cited: Sections 39600, 39601, 39650, 3965 8, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Secti ons 39650, 39666, 41752 Health and Safety Code.B - 105

§ 93116.3 Requirements. (a) Diesel-fueled portable engines shall only use o ne of the following fuels: (1) CARB diesel fuel; or (2) alternative diesel fuel that has been verified through the Verification Procedure for In-Use Strategies to Control Emission s from Diesel Engines; or (3) CARB diesel fuel utilizing fuel additives that have been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines. [Note that credit for diesel PM reductions for dies el fuel or CARB diesel fuel blends that use an alternative diesel fuel suc h as biodiesel, FischerTropsch fuels, or emulsions of water in diesel fuel is available only for fuel blends that been verified through the Verification Procedure for InUse Strategies to Control Emissions from Diesel Eng ines. The credit granted is based upon the verified level approved b y the Executive Officer within the Executive Order for the fuel ble nd.] (b) Diesel PM Standards (1) Requirements for in-use portable diesel-fueled engines (A) Except as provided in sections 93116.3(b)(1)(B) and 93116. 3 (b)(4) , starting January 1, 2010, all portable diesel-fue led 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 engin es 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 emissi on standards promulgated by ARB and U.S. EPA for newly manufactured engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulation

. Each successive Tier represents more stringent emis sion standards and the requirements are phased-in over time with the Tier 1 engine standards becoming effective for some engines manufactured in 1996 and becoming effective for all engines by 2000. Ti er 2 engine standards are phased in for engines manufactured beginning in 2001 and becomes effectiv e for all engines by 2006. Similarly, Tier 3 engin es are phased in for engines manufactured beginning in 2006, and Tier 4 engines are phased in for engines manufactured beginning in 2011.B - 106 1. the Responsible Official shall submit written no tification identifying the specific portable diesel-fueled eng ines to be replaced with portable diesel-fueled engines certif ied to the Tier 4 emission standards; and 2. for each class and category of nonroad engine, r eplace each portable diesel-fueled engine so identified within two years of the first engine being offered for sale that satisf ies the Tier 4 emission standards. (2) Portable diesel-fueled engines that have not be en permitted or registered prior to January 1, 2006, are subject to the following requirements: (A) except as specified in 93116.3(b)(4 5 ), 93116.3(b)(5 6 ), and 93116.3(b)(6 7 ), and except as allowed under flexibility provisio ns for equipment and vehicle manufacturers and post-ma nufacture marinizers pursuant to 40 CFR Part 89 or Title 13 o f the California Code of Regulations, the portable diesel-fueled eng ine shall meet the most stringent of the federal or California emi ssion standard for nonroad engines; or (B) upon approval by the air pollution control offi cer, a diesel-fueled portable engine not certified to an emission standa rd pursuant to 40 CFR Part 89 or Title 13 of the California Code of R egulations used exclusively in emergency applications or qualifying as a low-use engine designation may only be permitted or registe red by a district. Any engine used exclusively in emergencyapplications or qualifying as a low-use engine designation is subje ct to the requirements of section 93116.3(b)(3). (3) Except as provided in section 93116.3(b)(1)(B), portable diesel-fueled engines used exclusively in emergency applications or qualifying as lowuse engines shall satisfy one of the following requ irements by January 1, 2020: (A) the portable diesel-fueled engine is certified to Tier 4 emission standards for newly manufactured nonroad engines; or (B) the portable diesel-fueled engine is equipped w ith a properly functioning level-3 verified technology; or (C) the portable diesel-fueled engine is equipped w ith a combination of verified emission control strategiesthat have been verified together to achieve at least 85% redu ction in diesel PM emissions.B - 107 (4) Lattice boom cranes (A) A portable diesel

- fueled engine used in alattice boom crane shall be exempt from the requirements of section 93116.3( b)(1)(A) if the Responsible Official has demonstrated to the satisf action of the Executive Officer or the APCO that the portable die sel

- fueled engine in the lattice boom crane can not be replaced with a portable diesel

- fueled engine that is certified to meet a federal o r California standard for newly manufactured nonroad engines pursuant to 40 CFR Part 89 or Title 13 of the California Code of R egulations (that is, certified to Tier 1, 2 or 3 nonroad engine 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 diese l

- 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 eq uipped with a combination of verified emission control strategiesthat have been verified together to achieve at least 85% redu ction in diesel PM emissions. (4 5 ) Engines operated in California between March 1, 2 004 and October 1, 2006 may be permitted or registered by a district o r registered in the Statewide Portable Equipment Registration Program u ntil 12/31/09 if they meet an emission standard pursuant to 40 CFR P art 89 or Title 13 of the California Code of Regulations. (5 6 ) Upon approval by the air pollution control office r, a district may permit or register engines operated in California between Mar ch 1, 2004 and October 1, 2006 that are not certified to an emissi on standard pursuant to 40 CFR Part 89 or Title 13 of the California Cod e of Regulations. (6 7 ) An engine owner, operator, dealer, or distributor may permit or register an engine not meeting the most stringent emission s tandard providing the following are met: (A) The engine met the most stringent emission stan dard in effect prior to the change for that horsepower range; and (B) The application for permit or registration of t he engine is submitted within six months of the effective date of the chan ge in emission standards.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 portab le diesel-fueled engines affected by the fleet provisions of this regulation include all portable diesel-fueled engines operated in California, inclu ding portable dieselfueled engines registered with the Statewide Portab le Equipment Registration Program or permitted by or registered with a district. (3) The following portable diesel-fueled engines sh all be excluded from the fleet requirements: (A) portable diesel-fueled engines operated exclusi vely outside of California or operated only within the OCS. (B) portable diesel-fueled engines used exclusivelyin 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 identifi ed to be used exclusively in emergency applications but subsequen tly are used in nonemergency applications, become immediately subject to the requirements of section 93116.3(c) in the year such exceedence or use occurs. For low-use engines, the hours of operatio n used for an emergency event shall not be counted toward the all owed hours of operation. (5) Portable alternative-fueled engines may be incl uded in a fleet if the engine satisfies the requirements in section 93116. 3(d)(2)(B).B - 109 (6) Portable diesel-fueled portable engines equippe d with SCR systems. (A) The diesel PM fleet emission standards in secti on 93116.3(c)(1) do not apply to: 1. portable diesel-fueled engines equipped with pro perly operating SCR systems as of January 1, 2004; and 2. with the approval of the Executive Officer, port able dieselfueled engines equipped with properly operating SCRsystems 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 incl uded in the company's fleet for the purpose of complying with a n applicable fleet emission standard. Once the engine(s) is inc luded in a fleet, compliance with applicable fleet emission standardsshall always include these diesel-fueled portable engine(s). (C) For all diesel-fueled portable engines equipped with SCR systems, the following information shall be submitted to the Executive Officer to demonstrate that the SCR system is operating pro perly: 1. Tests results for NOx, PM, and ammonia slip a. the following tests methods shall be used to dem onstrate compliance:

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

ii. diesel PM shall be measured with CARB testmethod 5 dated July 1997 or equivalent districtapproved test method. For the purposes of this requirement, only the probe catch and filter catch ("front half") is used to determine the emission rate, g/bhp-hr, and shall not include PM captured in the impinger catch or solvent extract; and iii. ammonia slip shall be measured with Bay Area A ir Quality Management District Source Test Procedure ST-1B, Ammonia Integrated Sampling, dated January 1982, or other equivalent district approved test method.B - 110 b. the duration of the emission test shall be suffi cient to document the typical operation of the portable dies elfueled engine(s); and c. testing shall be performed at the frequency requ ired by the permit or registration. In no event shall the time between emission tests exceed three years. (7) Beginning on January 1, 2013, the weighted average PM emission rate for the fleet cannot exceed the fleet standard thatis in effect. Changes in the fleet, including portable engine additions a nd deletions, shall not result in noncompliance with this standard. (d) Fleet Average Calculations (1) General Provisions (A) The average PM emission factor for the fleet isdetermined by the following formula:
∑Summation for each portable engine in the fleet (b hp x emission factor) ∑ Summation for each portable engine in the fleet (bh p)

where: bhp = maximum rated horsepower.
emission = diesel PM emission rate, as determined below: factor (B) The following diesel PM emission rates shall be used with the above formula to determine the weighted average fle et emission rate: 1. for portable diesel-fueled engines certified to a nonroad engine standard, the results of emission measuremen ts submitted to either the U.S. EPA or CARB for the pu rposes of satisfying the appropriate emission standard; or

2. results from emission measurements from a verifi ed emission control strategy may be used in conjunctio n with engine emission information; or 3. for portable diesel-fueled engine(s) equipped wi th SCR system(s), results from valid emission tests.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 2 00 hours in lieu of operating a portable diesel-fueled engine for a given project, the time period grid power is used may be used to r educe each affected engine's emission factor. The emission fa ctor for each affected portable engine will be reduced proportion ally by the percentage of time the equipment uses grid power. To receive credit for grid power in the fleet calculation, the recordkeeping and reporting requirements in section 93116.4(c)(3) sha ll be satisfied. (B) Alternative-fueled portable engines 1. Alternative-fueled portable engines operating 10 0 or more hours may be included toward determining compliance with the applicable fleet emission standards. A diesel PM emission rate of zero shall be used in the fleet ca lculations for these engines. 2. Alternative-fueled portable engines operating 10 0 or more hours per calendar year and added to a fleet prior to January 1, 2009, may be counted twice in the company's flee t average determination toward compliance with the 20 13 and 2017 fleet emission standards. The alternative-fue led engine shall be certified to meet a federal or Cali fornia standard for newly manufactured nonroad engines pursuant to 40 CFR Part 89 or Title 13 of the California Cod e of Regulations. (B) Portable diesel-fueled engines certified to Tie r 4 nonroad engine standards that are added to a fleet prior to January 1, 2015, may be counted twice in the company's fleet average det ermination toward compliance with the 2013 and 2017 fleet emis sion standards. Authority cited: Sections 39600, 39601, 39650, 396 58, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Secti ons 39650, 39666, 41752, Health and Safety Code. § 93116.3.1 Compliance Flexibility for Diesel PM Standards.

***** § 93116.4 Fleet Recordkeeping and Reporting Requirements.

***** § 93116.5 Enforcement o O f Fleet Requirements.B - 112

(a) Both the Executive Officer and the APCO have th e authority to review or seek enforcement action for violation of the fleet emiss ion standard. (b) The CARB will make available to the districts t he information the Responsible Official has provided to CARB to demonstrate compli ance with the fleet standard. Authority cited: Sections 39600, 39601, 39650, 396 58, 39659, 39666, 41752, 43013 and 43018 Health and Safety Code. Reference: Secti ons 39650, 39666, 41752 Health and Safety Code.B - 113 PROPOSED REGULATION ORDER

AIRBORNE TOXIC CONTROL MEASURE TO LIMIT DIESEL-FUEL ED

COMMERCIAL MOTOR VEHICLE IDLING

Note: Proposed amendments are shown in underlineto indicate additions and strikeoutto indicate deletions, compared to the preexisting regulatory language.
Amend section 2485, title 13, California Code of Re gulations to read as follows. § 2485. Airborne Toxic Control Measure to Limit Di esel-Fueled Commercial Motor Vehicle Idling.

(a) Purpose. The purpose of this airborne toxic control measur e 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 m otor vehicles that operate in the State of California with gross vehic ular 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 veh icle subject to this section shall comply with the following requirements, excep t as noted in subsection (d) below: (A) the driver shall not idle the vehicle’s primarydiesel engine for greater than 5.0 minutes at any location. (B) the driver shall not operate a diesel-fueled au xiliary power system (APS) to power a heater, air conditioner, or any an cillary equipment on that vehicle during sleeping or resting in a sleepe r berth for greater than 5.0 minutes at any location when within 100 feet ofa restricted area. (2) Use of Alternative Technologies

.B - 114 (A) On or after January 1, 2008, the driver shall n ot 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 perfo rmance 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 Exhau st Emission Standards and Test Procedures for 2004 and Subseque nt Model Heavy-Duty Diesel Engines and Vehicles,” as incorpo rated by reference in title 13, CCR, section 1956.8(b). (B) On or after January 1, 2008, the driver shall n ot operate a fuel-fired heater on any vehicle equipped with a 2007 and subs equent model year primary diesel engine unless the fuel-fired he ater meets the emissions performance requirements found in subsect ion (c)(3)(B), below; (C) On or after January 1, 2008, the driver of a ve hicle equipped with a 2006 or older model year primary diesel engine may use and operate in California any certified internal combustion APS wi th 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 equip ped 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 utiliz ing an internal combustion engine must comply with applicable Calif ornia off-road and/or federal non-road emission standards and testprocedures for its fuel type and power category. In addition, die sel-fueled APSs installed on vehicles equipped with primary enginescertified to the 2007 and subsequent model year heavy-duty diesel en gine standards, pursuant to section 1956.8(a)(2)(A) of t itle 13, CCR, shall either, a. be equipped with a verified Level 3 in-use strat egy for particulate matter control (see title 13, CCR, sect ions 2700 to 2710), orB - 115 b. have its exhaust routed directly into the vehicl e’s exhaust pipe, upstream of the diesel particulate matter aftertrea tment device. 2. With advance Executive Officer approval, a certi fying/verifying APS manufacturer may petition for an alternate complian ce strategy other than described in (A)1.a. or b. in this subse ction above. However, this provision is limited to manufacturersthat can demonstrate, to the satisfaction of the Executive O fficer, that their alternative strategy is equivalent (or “cleaner”), from an emissions standpoint, compared to the requirement described i n (A)1.a. or b. in this subsection above. As an example, strategie s that can use the available electric power infrastructure, instea d of solely operating a diesel-fueled APS for engine and/or cab heating and cooling, may be able to use such a strategy to demo nstrate compliance with these requirements. (B) Fuel-Fired Heaters. Fuel-fired heaters must comply with the applicable California emission standards and test procedures a s specified in the Low Emission Vehicle program requirements found in title 13, CCR, subsections 1961(a)(15) and (d), or in Part I.E.1.1 3 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 tit le 13, CCR, section 1961(d). However, the specified requirement that l imits 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 us e of batteries, fuel cells, power inverter/chargers for on-shore electri cal power, on-shore electric power infrastructure also known as truck s top electrification, and other technologies that produce minimal or no emiss ions. With the exception of battery and fuel cell powered APSs, po wer inverter/chargers, and electric power infrastructur e, the use of other technologies are subject to advance Executive Offic er approval and must be at least as effective in reducing idling em issions as the technologies described in subsections (c)(3)(A), ab ove, or the NOx idling emission standard specified in title 13, CCR , section 1956.8(a)(6)(C). The Executive Officer shall use g ood engineering judgment and test data to determine if an idle redu ction 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 combustio n APS meeting the requirements specified in subsection (c)(3)(A) shal l have a label affixedB - 116 to the hood of the vehicle to allow operation of th e APS in California. The labels shall meet the requirements specified in section 35.B.4 of the “California Exhaust Emission Standards and TestProcedures for 2004 and Subsequent Model Heavy-Duty Diesel Enginesand Vehicles,” as incorporated by reference in title 13, CCR, sect ion 1956.8(b). (d) Exceptions. (1) Except when a vehicle is located within 100 fee t 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 NO x idling emission standard pursuant to title 13, CCR, section 1956.8( a)(6)(C); and (B) a label meeting the requirements pursuant to se ction 35.B.4 of the “California Exhaust Emission Standards and Test Pro cedures 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 primarydiesel engine is

necessary to power a heater, air conditioner, or an y ancillary equipment during sleeping or resting in a sleeper b erth. 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 mo tionless due to immediate adverse weather conditions affecting the safe operation of the vehicle or due to mechanical difficulties ov er which the driver has no control;B - 117 (F) idling to verify that the vehicle is in safe op erating 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 s uch 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 regene ration or maintenance of the exhaust emission control device during engine idling when the dashboard indicator light, if so eq uipped, is illuminated indicating that regeneration or mainten ance is in progress; (H) idling when positioning or providing a power so urce for equipment

or operations, other than transporting passengers o r propulsion, which involve a power take off or equivalent mechan ism 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 t ruck), or other auxiliary equipment; 2. providing mechanical extension to perform work f unctions for which the vehicle was designed and where substitute alternate means to idling are not reasonably availa ble; or 3. collection of solid waste or recyclable material by an entity authorized by contract, license, or permit by a sch ool 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 v ehicle is designed; (K) idling of military tactical vehicles during per iods of training, testing,

and deployment; and (L) idling when operating equipment such as a wheel chair or people

assist lift as prescribed by the Americans with Dis abilities Act; (M) idling of armored cars in the course of providi ng services for which

the vehicle is designed; andB - 118 (N) idling of workover rigs while performing work f or 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 Regu lations; (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 B oard; 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 managementdistricts. (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 penal ty of 100 dollars and to criminal penalties as specified in the Health and Safety Cod e 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 Veh icle 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 a nd provides electrical, mechanical, or thermal energy to the primary diesel engine, truck cab, and/or sleeper berth, bus’s passenger compartment or any o ther commercial vehicle’s cab, as an alternative to idling the primary diesel engine. (3) (4) “Bus” means any vehicle defined in Title 13, Califo rnia 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 com bination of vehicles defined in Vehicle Code Section 15210(b) and any ot her motor truck or bus with a gross vehicle weight rating of 10,001 pounds or m ore, except the following: (A) a zero emission vehicle; or (B) a pickup truck as defined in Vehicle Code Secti on 471. (5) (6) “Driver” is as defined in Vehicle Code Section 305. (6) (7) “Fuel-fired heater” means a fuel burning device tha t creates heat for the purpose of (1) warming the cab or sleeper berth com partment 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 vehicl e. (7) (8) "Gross vehicle weight rating" is as defined in Vehi cle Code Section 350. (8) (9) “Highway” is as defined in Vehicle Code Section 36 0. (9) (10) “Idling" means the vehicle engine is running at an y 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 prop erty. (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 en gine used for vehicle propulsion. (15) (16) “Queuing” means (A) through (C) (A) the intermittent starting and stopping of a veh icle; (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 impe de 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 o pening of a location where work or a service will be performed. (16) (17) “Restricted area” means any real property zoned fo r individual or multifamily housing units that has one or more of s uch units on it. (17) (18) "Safety or health emergency" means:B - 120 (A) a sudden, urgent, or usually unforeseen, occurr ence; or (B) a foreseeable occurrence relative to a medical or physiological condition. ( 18 ) (19) “Sleeper berth” is as defined in Title 13, Califor nia Code of Regulations, Section 1265. (19) (20) “Vehicle” is as defined in the Vehicle Code Sectio n 670. (21) “Workover rig” is as defined in Section 2449 o f Title 13, California Code of Regulations. Authority: Sections 39600, 39601, 39614(b)(6)(A), 3 9658, 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 Pollut ion Control Dist. (1975) 14 Cal.3d.411. Reference: Sections 39002, 39003, 3902 7, 39500, 39600, 39650, 39655, 39656, 39657, 39658, 39659, 39662, 39665, 39 674, 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, 4 0001(b)(5), Vehicle Code; and Sections 1201,1900, 1962, 2480, Title13, Califo rnia Code of Regulations.B - 121 PROPOSED REGULATION ORDER

EXHAUST EMISSIONS STANDARDS AND TEST PROCEDURES – 1 985 AND SUBSEQUENT MODEL HEAVY-DUTY ENGINES AND VEHICLES

Note: Proposed amendments are shown in underlineto indicate additions and strikeoutto 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 Pro cedures – 1985 and Subsequent Model Heavy-Duty Engines and Vehicles.

(a)(1) [No Change] (a)(2)(A) The exhaust emissions from new 2004 and s ubsequent model heavy-duty

diesel engines, heavy-duty natural gas-fueled and l iquefied-petroleum-gasfueled engines derived from diesel-cycle engines, a nd heavy-duty methanolfueled diesel engines, and the optional, reduced-em ission standards for 2002 and subsequent model engines produced beginnin g October 1, 2002, except in all cases engines used in medium-duty veh icles, shall not exceed: Exhaust Emission Standards for 2004 and Subsequent Model Heavy-Duty Engines, and Optional, Reduced Emission Standards for 2002 a nd Subsequent Model HeavyDuty Engines Produced Beginning October 1, 2002, Ot her than Urban Bus ModelYear Engines Produced From October 1, 2002 Through 2006 L(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

2004-2006 H 2.4 A,C,E,J 2.5 B,C,E,J n/a n/a 15.5 0.10 C October 1, 2002-2006 n/a 1.8 to 0.3 A,D,F n/a n/a 15.5 0.03 to 0.01 G
2007 and subsequent M n/a n/a 0.20 I 0.14 15.5 0.01 K

A This is the standard for the arithmetic sum of the oxides of nitrogen exhaust component certification value and the non-methane hydrocarbon exhaust compo nent 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 compo nent certification value, with the non-methane hydrocarbon individual component value not to excee d 0.5 g/bhp-hr. C For 2004 through 2006 model years, emissions averag ing 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 SubsequentB - 122

Model Heavy-Duty Diesel Engines and Vehicles” incor porated 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 horse power-hour increments. Engines certified to any of these optional reduced-emission NOx standards are n ot eligible for participation in any averaging, banking or trading programs described in “Californi a 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 h igher emitting fueling mode of an engine certified under the dual fueling mode certification process o f section 1956.8(a)(4), below. F May be used as the certification standard for the l ower emitting fueling mode of an engine certified under the dual fueling mode certification process o f 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 brak e 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 Dies el Engine Settlement Agreements (Settlement Agreements) 1 must produce engines in compliance with the requir ements 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 i ts heavy-duty diesel engine families in any or all of the NOx emissions averaging, banking, or trading pr ograms for heavy-duty diesel engines, within the restrictions described in "California Exhaust Emiss ion Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehi cles" 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 F EL caps: 2.00 grams per brake horsepower-hour (0.75 grams per megajoule) for model years before 2 010; 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, banki ng, or trading programs. J For 2007 through 2009 model years, a manufacturer m ay 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 diese l engine families in any or all of the NOx plus NMHC emissions averaging, banking, or trading programs for heavy-duty diesel engines, within the restricti ons described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subseque nt 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 e mission limit (FEL) may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour (0.7 5 grams per megajoule) for model years. The FEL cap applies whether credits for the engine fami ly are derived from averaging, banking, or trading programs

. K A manufacturer may elect to include any or all of i ts heavy-duty diesel engine families in any or all of the particulate averaging, banking, or trading prog rams for heavy-duty diesel engines, within the restrictions described in “California Exhaust Emiss ion Standards and Test Procedures for 1985 and

1 Seven of the largest heavy-duty diesel engine manu facturers will be implementing measures to reduce emissions beginning October 1, 2002, to meet the re quirements 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. Navista r signed its Settlement Agreement on October 22, 1998. Cummins, Detroit Diesel Corporation, Caterpil lar, Volvo, Mack and Renault signed their Settlemen t Agreements on December 15, 1998.B - 123

Subsequent Model Heavy-Duty Diesel Engines and Vehi cles” incorporated by reference in section 1956.8 (b), below. The particulate FEL for each en gine 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 engine s, 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 agen cies purchasing urban buses and/or urban bus engines shall meet the requirements set forth in se ction 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 origin al 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 en gines shall be equipped with an engine shutdown system that automatically shuts dow n the engine after 300 seconds of continuous idling operation once the vehicle is sto pped, the transmission is set to “neutral” or “park”, and the parking brake is engag ed. If the parking brake is not engaged, then the engine shutdown system shall shutdown the engine after 900 seconds of continuous idling operation once the veh icle 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 lightor sound indicator inside the vehicle cabin, may be used to alert the driver 30 s econds 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 p osition of the accelerator, brake, or clutch pedal, or other mechanism within 30 secon ds prior to engine shutdown. Once reset, the engine shutdown system shall restart the engine shutdown sequence described in this paragraph above, and shall contin ue 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 eng ine to run continuously at idle, only under the following conditions:

a. i f 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 tha t can be switched “on” to override the engine shutdown system and will reset to the “o ff” position when the vehicle’s engine is turned off or when the PTO equipment is t urned 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 a ctivated once the coolant temperature reaches 60°F or above. The engine coola nt temperature shall be measured with the engine’s existing engine coolant temperatu re sensor used for engine protection, if so equipped. Other methods of measuring engine c oolant temperature may be allowed, subject to advance Executive Officer appro val.

c. i I f an exhaust emission control device is regeneratin g, and keeping the engine running is necessary to prevent aftertreatme nt 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 pro vided 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 sh all automatically be enabled to restart the engine shutdown sequence described in s ubparagraph (a)(6)(A)1. above. A vehicle that uses a regeneration strategy under eng ine idling operating conditions shall be equipped with a dashboard indicator light that, when illuminated, indicates that the exhaust emission control device is regenerating. Ot her methods of indicating that the exhaust emission control device is regenerating maybe used with advance Executive Officer approval. d. If servicing or maintenance of the engine requi res extended idling operation. The engine's electronic control module m ay be set to temporarily deactivate the engine shutdown system for up to a maximum of 6 0 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, th e engine's electronic control module shall reset to restart the engine shutdown system s equence described in subparagraph (a)(6)(A) above.

(B) Exempt VehiclesExempt Vehicles . Heavy-duty diesel engines to be used in buses as defined in California Vehicle Code section s 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 ofRegulations, military tactical vehicles as defined in section 1905 of title 13, Ca lifornia Code of Regulations, and authorized emergency vehicles as defined in Califo rnia Vehicle Code section 165, armored cars, as defined in California Vehicle Cod e sections 115, and workover rigs, as defined in section 2449 of title 13 , California Code of Regulationsare exempted from these requirements.

(C) Optional NOx idling emission standard Optional NOx idling emission standard . In lieu of the engine shutdown system requirements spe cified in subsection (a)(6)(A) above, an engine manufacturer may elect t o 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 pursu ant to the supplementalB - 125

NOx idling test cycle and procedures specified in s ection 86.1360-2007.B.4 of the "California Exhaust Emission Standards and TestProcedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehi cles," as incorporated by reference in subsection (b). The manufacturer may r equest an alternative test procedure if the technology used cannot be demonstrated using the procedures in section 86.1360-2007.B.4, subject to advance app roval of the Executive Officer. A manufacturer certifying to the optional NOx idling standard must not increase emissions of CO, PM, or NMHC, determined b y comparing results from the supplemental NOx idling test cycle and procedur es specified in section 86.1360-2007.B.4 of the referenced "California Exha ust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy -Duty Diesel Engines and Vehicles" to emission results from the idle mod e of the supplemental steady state test cycle or emission results from idle port ions of the transient test cycle for heavy duty diesel engines, respectively specified i n sections 86-1360-2007 and 86.1327-98 of the referenced "California Exhaust Em ission Standards and Test Procedures for 2004 and Subsequent Model Heavy-DutyDiesel 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 requ irement. Also, manufacturers shall state in their application for certification that meeting the optional NOx idling requirement will not adversely affect the associate d 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 Standard s and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Enginesand 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 dutydiesel engines may also be equipped with idling emission reduction dev ices 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, Healt h and Safety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 39 003, 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, V ehicle Code.