California Code of Regulations › Title 17 - Public Health › Division 3 - Air Resources › Chapter 1 - Air Resources Board › Subchapter 7.5 - Airborne Toxic Control Measures › Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines Rated at 50 Horsepower and Greater › Section 93116.2 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) For the
					 purposes of this ATCM, the following definitions apply. Any term used in this
					 subchapter that is not defined in this section has the same meaning as those in
					 title 13 section
					 2452.
(1) "
Air Pollution Control Officer or
					 APCO
" means the air pollution control officer of a district, or
					 his/her designee.
(2)
					 "
Agricultural Operations
" means the growing and harvesting of
					 crops or the raising of fowl or animals for the primary purpose of making a
					 profit, providing a livelihood, or conducting agricultural research or
					 instruction by an educational institution. Agricultural operations do not
					 include forest operations or activities involving the processing or
					 distribution of crops or fowl.
(3)
					 "
Alternative Fuel
" means gasoline, natural gas, propane,
					 liquid petroleum gas (LPG), hydrogen, ethanol, or methanol.
(4) "
Alternative Diesel
					 Fuel
" means any fuel used in a compression ignition (CI) engine that
					 is not, commonly or commercially known, sold or represented by the supplier as
					 diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM Standard
					 Specification for Diesel Fuel Oils D975-81, or an alternative fuel, and does
					 not require engine or fuel system modifications for the engine to operate,
					 although minor modifications (e.g., recalibration of the engine fuel control)
					 may enhance performance. An emission control strategy using a fuel additive
					 will be treated as an alternative diesel fuel based strategy unless:
(A) the additive is supplied to the engine
					 fuel by an on-board dosing mechanism, or
(B) the additive is directly mixed into the
					 base fuel inside the fuel tank of the engine, or
(C) the additive and base fuel are not mixed
					 until engine fueling commences, and no more additive plus base fuel combination
					 is mixed than required for a single fueling of a single
					 engine.
(5) "
CARB
					 Diesel Fuel
" means any diesel fuel that is commonly or commercially
					 known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D,
					 pursuant to the specification for Diesel Fuel Oils D975-81, and that meets the
					 specifications defined in title 13, Cal. Code Regs., sections
					 2281,
					 2282, and
					 2284.
(6) "
Certified Engine
"
					 refers to an engine meeting an applicable engine emission standard as set forth
					 in 40 CFR Part 89 , Part 86, Part 1039, or set forth in the equivalent
					 categories in title 13, Cal. Code Regs.
(7) "
Common ownership or
					 control
" means being owned or managed day to day by the same person,
					 corporation, partnership, or association. Equipment managed by the same
					 directors, officers, or managers, or by corporations controlled by the same
					 majority stockholders are considered to be under common ownership or control
					 even if their title is held by different business entities.
(8) "
Diesel Fuel
" means any
					 fuel that is commonly or commercially known, sold, or represented by the
					 supplier as diesel fuel, including any mixture of primarily liquid
					 hydrocarbons--organic compounds consisting exclusively of the elements carbon
					 and hydrogen--that is sold or represented as suitable for use in an
					 engine.
(9) "
Diesel
					 Particulate Matter (PM)
" means the particles found in the exhaust of
					 diesel-fueled engines which may agglomerate and adsorb other species to form
					 structures of complex physical and chemical properties.
(10) "
District
" means a
					 District as defined in Health and Safety Code section
					 39025.
(11) "
Dual-fuel Diesel Pilot
					 Engine
" means a dual-fueled engine that uses diesel fuel as a pilot
					 ignition source at an annual average ratio of less than 5 parts diesel fuel to
					 100 parts total fuel on an energy equivalent basis.
(12) "
Emergency
" means
					 providing electrical power or mechanical work during any of the following
					 events and subject to the following conditions:
(A) the failure or loss of all or part of
					 normal electrical power service or normal natural gas supply to the facility:
1. which is caused by any reason other than
					 the enforcement of a contractual obligation the owner or operator has with a
					 third party or any other party; and
2. which is demonstrated by the owner or
					 operator to the district APCO's satisfaction to have been beyond the reasonable
					 control of the owner or operator;
(B) the failure of a facility's internal
					 power distribution system:
1. which is caused
					 by any reason other than the enforcement of a contractual obligation the owner
					 or operator has with a third party or any other party; and
2. which is demonstrated by the owner or
					 operator to the district APCO's satisfaction to have been beyond the reasonable
					 control of the owner or operator;
(C) the pumping of water or sewage to prevent
					 or mitigate a flood or sewage overflow;
(D) the pumping of water for fire suppression
					 or protection;
(E) the pumping of
					 water to maintain pressure in the water distribution system for the following
					 reasons:
1. pipe break; or
2. high demand on water supply system due to
					 high use of water for fire suppression;
(F) the breakdown of electric-powered pumping
					 equipment at sewage treatment facilities or water delivery
					 facilities;
(G) the training of
					 personnel in the use of portable equipment for emergency
					 purposes.
(13)
					 "
Emergency Event
" refers to a situation arising from a sudden
					 and reasonably unforeseen natural disaster such as an earthquake, flood, fire,
					 or other unforeseen event that requires the use of portable engines to help
					 alleviate the threat to public health and safety.
(14) "
Engine
" means any
					 piston-driven internal combustion engine.
(15) "
Emergency-use Engines
"
					 refer to engines that have been designated by the responsible official on the
					 permit or registration to be used only during an emergency or emergency event,
					 and includes appropriate maintenance and testing.
(16) "
Executive Officer
"
					 means the Executive Officer of the California Air Resources Board (CARB) or
					 his/her designee.
(17)
					 "
Fleet
" refers to a portable engine or group of portable
					 engines owned by a person, business, or government agency that are operated
					 within California and meet the applicability listed in 17 Cal. Code Regs.,
					 section 93116.1. For engines owned by the
					 U.S. Department of Defense or the U.S. military services, the portable engines
					 at each facility or installation constitute separate fleets.
(A) For the purposes of this ATCM, a large
					 fleet has a total maximum horsepower over 750 bhp for all portable engines
					 under common ownership and control of a fleet on June 30, 2019.
(B) For the purposes of this ATCM, a small
					 fleet has a total maximum horsepower of 750 bhp or less for all portable
					 engines under common ownership and control of a fleet on June 30,
					 2019.
(18)
					 "
Flexibility engine
" means an engine certified to an emission
					 standard according to the Transition Program for Equipment Manufacturers listed
					 in 40 CFR part 89.102, 40 CFR part 1039.625, or Title 13 Cal. Code Regs.,
					 section 2423(d), or an
					 engine that was included in the Averaging, Banking and Trading program and each
					 of the certification emission levels listed on the Executive Order meet the
					 Tier 4 Final emission standards.
(19) "
Forest Operations
"
					 means either of the following:
(A) Forest fire
					 prevention activities performed by public agencies, including but not limited
					 to construction and maintenance of roads, fuel breaks, firebreaks, and fire
					 hazard abatement; or
(B) Cutting or
					 removal or both of timber, other solid wood products, including Christmas
					 trees, and biomass from forestlands for commercial purposes, together with all
					 the work incidental thereto, including but not limited to, construction and
					 maintenance of roads, fuel breaks, firebreaks, stream crossings, landings, skid
					 trails, beds for falling trees, fire hazard abatement, and site preparation
					 that involves disturbance of soil or burning of vegetation following forest
					 removal activities. Forest operations include the cutting or removal of trees,
					 tops, limbs and or brush which is processed into lumber and other wood
					 products, and or for landscaping materials, or biomass for electrical power
					 generation. Forest operations do not include conversion of forestlands to other
					 land uses such as residential or commercial developments.
(20) "
Fuel Additive
" means
					 any substance designed to be added to fuel or fuel systems or other
					 engine-related systems such that it is present in-cylinder during combustion
					 and has any of the following effects: decreased emissions, improved fuel
					 economy, increased performance of the engine; or assists diesel emission
					 control strategies in decreasing emissions, or improving fuel economy or
					 increasing performance of the engine. Fuel additives used in conjunction with
					 diesel fuel may be treated as an alternative diesel fuel.
(21) "
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, Cal. Code Regs., commencing with section
					 2700, and has demonstrated a
					 reduction in diesel particulate matter of 85 percent or greater.
(22) "
Location
" means any
					 single site at a building, structure, facility, or installation.
(23) "
Low-Use Engines
"
					 refers to portable diesel-fueled engines that have been designated by the
					 responsible official on the permit or registration to operate 200 hours or less
					 in a calendar year.
(24)
					 "
Maximum Rated Horsepower (brake horsepower (bhp))
" is the
					 maximum brake horsepower rating specified by the portable engine manufacturer
					 and listed on the nameplate or emission control label of the portable
					 engine.
(25) "
Nonroad
					 Engine
" means:
(A) Except as
					 discussed in paragraph (2) of this definition, a nonroad engine is any engine:
1. in or on a piece of equipment that is
					 self-propelled or serves a dual purpose by both propelling itself and
					 performing another function (such as garden tractors, off-highway mobile cranes
					 and bulldozers); or
2. in or on a
					 piece of equipment that is intended to be propelled while performing its
					 function (such as lawnmowers and string trimmers); or
3. that, by itself or in or on a piece of
					 equipment, is portable or transportable, meaning designed to be and capable of
					 being carried or moved from one location to another. Indicia of
					 transportability include, but are not limited to, wheels, skids, carrying
					 handles, dolly, trailer, or platform.
(B) An engine is not a nonroad engine if:
1. the engine is used to propel a motor
					 vehicle or a vehicle used solely for competition, or is subject to standards
					 promulgated under section
					 202 of the federal Clean Air Act;
					 or
2. the engine is regulated by a
					 federal New Source Performance Standard promulgated under section
					 111 of the federal Clean Air Act;
					 or
3. the engine otherwise included
					 in paragraph (1)(C) of this definition remains or will remain at a location for
					 more than 12 consecutive months or a shorter period of time for an engine
					 located at a seasonal source. Any engine(s) that replace(s) an engine at a
					 location and that is intended to perform the same or similar function as the
					 engine replaced will be included in calculating the consecutive time period. An
					 engine located at a seasonal source is an engine that remains at a seasonal
					 source during the full annual operating period of the seasonal source. A
					 seasonal source is a stationary source that remains in a single location on a
					 permanent basis (at least two years) and that operates at that single location
					 approximately three (or more) months each year.
(26) "
Off-Road Engine
" means
					 the same as nonroad engine.
(27)
					 "
Outer Continental Shelf (OCS)
" shall have the meaning
					 provided by section
					 2 of the Outer Continental Shelf
					 Lands Act (43 USC Section
					 1331 et seq.).
(28) "
Permit
" refers to a
					 certificate issued by the Air Pollution Control Officer acknowledging expected
					 compliance with the applicable requirements of the district's rules and
					 regulations.
(29)
					 "
Portable
" means designed and capable of being carried or
					 moved from one location to another. Indicia of portability include, but are not
					 limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For
					 the purposes of this regulation, dredge engines on a boat or barge are
					 considered portable. The engine is not portable if:
(A) the engine or its replacement is attached
					 to a foundation, or if not so attached, will reside at the same location for
					 more than 12 consecutive months. The period during which the engine is
					 maintained at a storage facility shall be excluded from the residency time
					 determination. Any engine, such as a back-up or stand-by engine, that replace
					 engine(s) at a location, and is intended to perform the same or similar
					 function as the engine(s) being replaced, will be included in calculating the
					 consecutive time period. In that case, the cumulative time of all engine(s),
					 including the time between the removal of the original engine(s) and
					 installation of the replacement engine(s), will be counted toward the
					 consecutive time period; or
(B) the
					 engine remains or will reside at a location for less than 12 consecutive months
					 if the engine is located at a seasonal source and operates during the full
					 annual operating period of the seasonal source, where a seasonal source is a
					 stationary source that remains in a single location on a permanent basis (at
					 least two years) and that operates at that single location at least three
					 months each year; or
(C) the engine
					 is moved from one location to another in an attempt to circumvent the portable
					 residence time requirements.
(30) "
Project
" means the use
					 of one or more registered or permitted portable engines or equipment units
					 operated under the same or common ownership or control to perform a single
					 activity.
(31)
					 "
Registration
" refers to either:
(A) a certificate issued by the Executive
					 Officer acknowledging expected compliance with the applicable requirements of
					 the Statewide Portable Equipment Registration Program; or
(B) a certificate issued by the Air Pollution
					 Control Officer acknowledging expected compliance with the applicable
					 requirements of the district's Portable Equipment Registration
					 Program.
(32)
					 "
Replacement Engine
" means an engine built according to the
					 requirements of 40 CFR part 1068.240 or Title 13 Cal. Code Regs., section
					 2423(j), and the
					 engine is equipped with a label containing information that indicates the Tier
					 level of the engine.
(33)
					 "
Responsible Official
" refers to an individual employed by the
					 company or public agency with the authority to certify that the portable
					 engines in the fleet comply with applicable requirements of this ATCM. A fleet
					 may only have one Responsible Official.
(34) "
Stationary Source
"
					 means any building, structure, facility or installation that emits any air
					 contaminant directly or as a fugitive emission. Building, structure, facility,
					 or installation includes all pollutant emitting activities which:
(A) are under the same ownership or
					 operation, or which are owned or operated by entities which are under common
					 control; and
(B) belong to the same
					 industrial grouping either by virtue of falling within the same two-digit
					 standard industrial classification code or by virtue of being part of a common
					 industrial process, manufacturing process, or connected process involving a
					 common raw material; and
(C) are
					 located on one or more contiguous or adjacent properties. [Note: For the
					 purposes of this regulation a stationary source and nonroad engine are mutually
					 exclusive.]
(35)
					 "
Stock Engine
" means a certified diesel-fueled engine that has
					 never been placed in service and is part of a supply of engines offered for
					 sale, rent, or lease by a person or company who offers for sale, rent, or lease
					 engines and related equipment for profit.
(36) "
Storage
" means a
					 warehouse, enclosed yard, or other area established for the primary purpose of
					 maintaining portable engines when not in operation.
(37) "
Street Sweeper
" means
					 the same as "Dual-engine Street Sweeper" defined in title 13, Cal. Code Regs.,
					 section 2022(b)(2).
(38) "
Tactical Support Equipment
					 (TSE)
" means equipment using a portable engine, including turbines,
					 that meets military specifications, owned by the U.S. Department of Defense
					 and/or the U.S. military services or its allies, and used in combat, combat
					 support, combat service support, tactical or relief operations, or training for
					 such operations. Examples include, but are not limited to, engines associated
					 with portable generators, aircraft start carts, heaters and lighting
					 carts.
(39) "
this
					 ATCM
" means the Airborne Toxic Control Measure for Diesel Particulate
					 Matter from Portable Engines, California Code of Regulations, title 17,
					 sections 93116 -
					 93116.5.
(40) "
Tier 1 Engine
" means
					 an engine subject to the Tier 1 new engine emission standards in title 13, Cal.
					 Code Regs., section
					 2423(b)(1)(A)
					 and/or Title 40, CFR, Part 89.112(a). This also includes engines certified
					 under the averaging, banking, and trading program with respect to the Tier 1
					 Family Emission Limits (FEL) listed in title 13, Cal. Code Regs., section
					 2423(b)(2)(A)
					 and/or Title 40, CFR, Part 89.112(d).
(41) "
Tier 2 Engine
" means
					 an engine subject to the Tier 2 new engine emission standards in title 13, Cal.
					 Code Regs., section
					 2423(b)(1)(A)
					 and/or Title 40, CFR, Part 89.112(a). This also includes engines certified
					 under the averaging, banking, and trading program with respect to the Tier 1
					 Family Emission Limits (FEL) listed in title 13, Cal. Code Regs., section
					 2423(b)(2)(A)
					 and/or Title 40, CFR, Part 89.112(d).
(42) "
Tier 3 Engine
" means
					 an engine subject to the Tier 3 new engine emission standards in title 13, Cal.
					 Code Regs., section
					 2423(b)(1)(A)
					 and/or Title 40, CFR, Part 89.112(a). This also includes engines certified
					 under the averaging, banking, and trading program with respect to the Tier 1
					 Family Emission Limits (FEL) listed in title 13, Cal. Code Regs., section
					 2423(b)(2)(A)
					 and/or Title 40, CFR, Part 89.112(d).
(43) "
Tier 4 Interim Engine
"
					 means an engine subject to the interim Tier 4 emission standards (also known as
					 transitional) in title 13, Cal. Code Regs., section
					 2423(b)(1)(B)
					 and/or Title 40, CFR, Part 1039.101. This also includes engines certified under
					 the averaging, banking, and trading program with respect to the Tier 4 FEL
					 listed in title 13, Cal. Code Regs., section
					 2423(b)(2)(B)
					 and/or Title 40, CFR, Parts 1039.102 and 1039.104(g).
(44) "
Tier 4 Final Engine
"
					 means an engine subject to the final after-treatment based Tier 4 emission
					 standards in title 13, Cal. Code Regs., section
					 2423(b)(1)(B)
					 and/or Title 40, CFR, Part 1039.101. This also includes engines certified under
					 the averaging, banking, and trading program with respect to the Tier 4 FEL
					 listed in title 13, Cal. Code Regs., section
					 2423(b)(2)(B)
					 and/or Title 40, CFR, Part 1039.101.
(45) "
Verified Emission Control
					 Strategy
" refers to an emission control strategy, designed primarily
					 for the reduction of diesel PM emissions which has been verified pursuant to
					 the "Verification Procedure for In-Use Strategies to Control Emissions from
					 Diesel Engines" in title 13, Cal. Code Regs., commencing with section
					 2700, and incorporated by
					 reference.
(46) "
U.S.
					 EPA
" refers to the United States Environmental Protection
					 Agency.