Loading (50 kb)...'
(continued)
(C) If testing conducted under paragraph (e)(1) is unacceptable under paragraph (B)(ii) of this subsection, the Executive Officer must:
(i) Notify the engine manufacturer in writing of the Executive Officer's determination that the test facility is inappropriate for conducting the tests required by this subsection and the reasons therefor; and
(ii) Reinstate any engine manufacturer's data upon a showing by the engine manufacturer that the data acquired under paragraph (e)(2) were erroneous and the engine manufacturer's data was correct.
(D) The engine manufacturer may request in writing that the Executive Officer reconsider the determination in paragraph (B)(ii) of this section based on data or information indicating that changes have been made to the test facility and these changes have resolved the reasons for disqualification.
(3) Sample selection.
(A) Engines comprising a test sample will be selected at the location and in the manner specified in the test order. If an engine manufacturer determines that the test engines cannot be selected in the manner specified in the test order, an alternative selection procedure may be employed, provided the engine manufacturer requests approval of the alternative procedure before starting test sample selection, and the Executive Officer approves the procedure.
(B) The engine manufacturer must produce and assemble the test engines of the family selected for testing using its normal production and assembly process for engines to be distributed into commerce. If, between the time the engine manufacturer is notified of a test order and the time the engine manufacturer finishes selecting test engines, the engine manufacturer implements any change(s) in its production or assembly processes, including quality control, which may reasonably be expected to affect the emissions of the engines selected, then the engine manufacturer must, during the audit, inform the Executive Officer of such changes. If the test engines are selected at a location where they do not have their operational and emission control systems installed, the test order will specify the manner and location for selection of components to complete assembly of the engines. The engine manufacturer must assemble these components onto the test engines using normal assembly and quality control procedures as documented by the engine manufacturer.
(C) No quality control, testing, or assembly procedures will be used on the test engine or any portion thereof, including parts and subassemblies, that have not been or will not be used during the production and assembly of all other engines of that family, unless the Executive Officer approves the modification in production or assembly procedures pursuant to paragraph (B) of this subsection.
(D) The test order may specify that an ARB enforcement officer(s) or authorized representative(s), rather than the engine manufacturer, select the test engines according to the method specified in the test order.
(E) The order in which test engines are selected determines the order in which test results are to be used in applying the sampling plan in accordance with paragraph (e)(5).
(F) The engine manufacturer must keep on hand all untested engines, if any, comprising the test sample until a pass or fail decision is reached in accordance with paragraph (e)(5)(E). The engine manufacturer may ship any tested engine which has not failed the requirements as set forth in paragraph (e)(5)(B). However, once the engine manufacturer ships any test engine, it may not conduct retests as provided in paragraph (e)(4)(I).
(4) Test procedures.
(A)(i) For spark-ignition marine engines subject to the provisions of this subsection, the prescribed test procedures are the test procedures as specified in Part IV of the Test Procedures.
(ii) The Executive Officer may, on the basis of a written application by an engine manufacturer, prescribe test procedures other than those specified in paragraph (i) for any spark-ignition marine engine he or she determines is not susceptible to satisfactory testing using the procedures specified in paragraph (i).
(B)(i) The engine manufacturer may not adjust, repair, prepare, or modify the engines selected for testing and may not perform any emission tests on engines selected for testing pursuant to the test order unless this adjustment, repair, preparation, modification, and/or tests are documented in the engine manufacturer's engine assembly and inspection procedures and are actually performed or unless these adjustments and/ or tests are required or permitted under this subsection or are approved in advance by the Executive Officer.
(ii) The Executive Officer may adjust or cause to be adjusted any engine parameter that the Executive Officer determines subject to adjustment for certification and Selective Enforcement Audit testing in accordance with Part I, section 18 of the Test Procedures, to any setting within the physically adjustable range of that parameter, as determined by the Executive Officer in accordance with section 18, prior to the performance of any tests. However, if the idle speed parameter is one which the Executive Officer has determined to be subject to adjustment, the Executive Officer may not adjust it to any setting that causes a lower engine idle speed than would have been possible within the physically adjustable range of the idle speed parameter if the engine manufacturer had accumulated 12 hours of service on the engine under paragraph (C) of this section, all other parameters being identically adjusted for the purpose of the comparison. The engine manufacturer may be requested to supply information needed to establish an alternate minimum idle speed. The Executive Officer, in making or specifying these adjustments, may consider the effect of the deviation from the engine manufacturer's recommended setting on emission performance characteristics as well as the likelihood that similar settings will occur on in-use engines. In determining likelihood, the Executive Officer may consider factors such as, but not limited to, the effect of the adjustment on engine performance characteristics and information from similar in-use engines.
(C) Service Accumulation. Before performing exhaust emission testing on a selective enforcement audit test engine, the engine manufacturer may accumulate on each engine a number of hours of service equal to the greater of 12 hours or the number of hours the engine manufacturer accumulated during certification on the emission data engine corresponding to the family specified in the test order.
(i) Service accumulation must be performed in a manner using good engineering judgment to obtain emission results representative of normal production engines. This service accumulation must be consistent with the new engine break-in instructions contained in the applicable owner's manual.
(ii) The engine manufacturer must accumulate service at a minimum rate of 6 hours per engine during each 24-hour period, unless otherwise approved by the Executive Officer.
a.. The first 24-hour period for service begins as soon as authorized checks, inspections, and preparations are completed on each engine.
b. The minimum service accumulation rate does not apply on weekends or holidays.
c. If the engine manufacturer's service or target is less than the minimum rate specified (6 hours per day), then the minimum daily accumulation rate is equal to the engine manufacturer's service target.
(iii) Service accumulation must be completed on a sufficient number of test engines during consecutive 24-hour periods to assure that the number of engines tested per day fulfills the requirements of paragraphs (G)(i) and (G)(ii) below.
(D) The engine manufacturer may not perform any maintenance on test engines after selection for testing, nor may the Executive Officer allow deletion of any engine from the test sequence, unless requested by the engine manufacturer and approved by the Executive Officer before any engine maintenance or deletion.
(E) The engine manufacturer must expeditiously ship test engines from the point of selection to the test facility. If the test facility is not located at or in close proximity to the point of selection, the engine manufacturer must assure that test engines arrive at the test facility within 24 hours of selection. The Executive Officer may approve more time for shipment based upon a request by the engine manufacturer accompanied by a satisfactory justification.
(F) If an engine cannot complete the service accumulation or an emission test because of a malfunction, the engine manufacturer may request that the Executive Officer authorize either the repair of that engine or its deletion from the test sequence.
(G) Whenever an engine manufacturer conducts testing pursuant to a test order issued under this subsection, the engine manufacturer must notify the Executive Officer within one working day of receipt of the test order as to which test facility will be used to comply with the test order. If no test cells are available at a desired facility, the engine manufacturer must provide alternate testing capability satisfactory to the Executive Officer.
(i) An engine manufacturer with projected spark-ignition marine engine sales for the California market for the applicable year of 20 or greater must complete emission testing at a minimum rate of two (2) engines per 24-hour period, including each voided test.
(ii) An engine manufacturer with projected spark-ignition marine engine sales for the California market for the applicable year of less than 20 must complete emission testing at a minimum rate of one engine per 24-hour period, including each voided test.
(iii) The Executive Officer may approve a lower daily rate of emission testing based upon a request by an engine manufacturer accompanied by a satisfactory justification.
(H) The engine manufacturer must perform test engine selection, shipping, preparation, service accumulation, and testing in such a manner as to assure that the audit is performed in an expeditious manner.
(I) Retesting.
(i) The engine manufacturer may retest any engines tested during a Selective Enforcement Audit once a fail decision for the audit has been reached in accordance with paragraph (e)(5)(E).
(ii) The Executive Officer may approve retesting at other times based upon a request by the engine manufacturer accompanied by a satisfactory justification.
(iii) The engine manufacturer may retest each engine a total of three times. The engine manufacturer must test each engine or vehicle the same number of times. The engine manufacturer may accumulate additional service before conducting a retest, subject to the provisions of paragraph (C) of this paragraph (4).
(J) An engine manufacturer must test engines with the test procedure specified in Part IV of the Test Procedures to demonstrate compliance with the exhaust emission standard (or applicable FEL) for HC+NOx. If alternate procedures were used in certification pursuant to Part 1, section 20(c) of the Test Procedures, then those alternate procedures must be used.
(5) Compliance with acceptable quality level and passing and failing criteria for selective enforcement audits.
(A) The prescribed acceptable quality level is 40 percent.
(B) A failed engine is one whose final test results for HC+NO x pursuant to paragraph (b)(3)(D) or (c)(2)(iv), as applicable, exceed the applicable family emission level or whose test results for a regulated pollutant exceed the emission standards.
(C) The engine manufacturer must test engines comprising the test sample until a pass or fail decision is reached for HC+NO x. A pass decision is reached when the cumulative number of failed engines, as defined in paragraph (B), for HC+NO x is less than or equal to the pass decision number, as defined in paragraph (D), appropriate to the cumulative number of engines tested. A fail decision is reached when the cumulative number of failed engines for HC+NO x is greater than or equal to the fail decision number, as defined in paragraph (D), appropriate to the cumulative number of engines tested.
(D) The pass and fail decision numbers associated with the cumulative number of engines tested are determined by using the tables in Appendix A to this subsection (e), "Sampling Plans for Selective Enforcement Auditing of Spark-Ignition Marine Engines," appropriate to the projected sales as made by the engine manufacturer in its report to ARB under paragraph (b)(4) or (c)(3)(A). In the tables in Appendix A to this subsection, sampling plan "stage" refers to the cumulative number of engines tested. Once a pass or fail decision has been made for HC+NO x, the number of engines with final test results exceeding the emission standard for HC+NO x shall not be considered any further for the purposes of the audit.
(E) Passing or failing a selective enforcement audit occurs when the decision is made on the last engine required to make a decision under paragraph (C).
(F) The Executive Officer may terminate testing earlier than required in paragraph (C) upon either a manufacturers' or Executive Officer's admission that further testing would not change the pass/fail decision.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.
Appendix to Paragraph (e) of Section 2446 -Sampling Plans for Selective Enforcement Auditing of Spark-Ignition Marine Engines
Table 1. -Sampling Plan Code Letter
Annual engine family sales(in California) Code letter
20-50.................................... AA. [FN1]
20-99.................................... A.
100-299.................................. B.
300-499.................................. C.
500 or greater........................... D.
_________________________________________
[FN1] An engine manufacturer may use either the sampling plan for code letter "AA" or sampling plan for code letter "A" for Selective Enforcement Audits of engine families with annual sales between 20 and 50 engines. Additionally, the engine manufacturer may switch between these plans during the audit.
Table 2. -Sampling Plan for Code Letter "AA"
[Sample inspection criteria]
Stage Pass No. Fail No. Stage Pass No. Fail No.
1 ( [FN1]) ( [FN2]) 11 4 8
2 ( [FN1]) ( [FN2]) 12 4 9
3 0 ( [FN2]) 13 5 9
4 0 ( [FN2]) 14 5 10
5 1 5 15 6 10
6 1 6 16 6 10
7 2 6 17 7 10
8 2 7 18 8 10
9 3 7 19 8 10
10 3 8 20 9 10
_______________
[FN1] Test sample passing not permitted at this stage.
[FN2] Test sample failure not permitted at this stage.
Table 3. -Sampling Plan for Code Letter "A"
[Sample inspection criteria]
Stage Pass No. Fail No. Stage Pass No. Fail No.
1 ( [FN1]) ( [FN2]) 16 6 11
2 ( [FN1]) ( [FN2]) 17 7 12
3 ( [FN1]) ( [FN2]) 18 7 12
4 0 ( [FN2]) 19 8 13
5 0 ( [FN2]) 20 8 13
6 1 6 21 9 14
7 1 7 22 10 14
8 2 7 23 10 15
9 2 8 24 11 15
10 3 8 25 11 16
11 3 8 26 12 16
12 4 9 27 12 17
13 5 10 28 13 17
14 5 10 29 14 17
15 6 11 30 16 17
_____
[FN1] Test sample passing not permitted at this stage.
[FN2] Test sample failure not permitted at this stage.
Table 4. -Sampling Plan for Code Letter "B"
[Sample inspection criteria]
Stage Pass No. Fail No. Stage Pass No. Fail No.
1 ( [FN1]) ( [FN2]) 21 9 14
2 ( [FN1]) ( [FN2]) 22 9 15
3 ( [FN1]) ( [FN2]) 23 10 15
4 ( [FN1]) ( [FN2]) 24 10 16
5 0 ( [FN2]) 25 11 16
6 0 6 26 11 17
7 1 7 27 12 17
8 2 7 28 12 18
9 2 8 29 13 18
10 3 9 30 13 19
11 3 9 31 14 19
12 4 10 32 14 20
13 4 10 33 15 20
14 5 11 34 16 21
15 5 11 35 16 21
16 6 12 36 17 22
17 6 12 37 17 22
18 7 13 38 18 22
19 7 13 39 18 22
20 8 14 40 21 22
_____
[FN1] Test sample passing not permitted at this stage.
[FN2] Test sample failure not permitted at this stage.
Table 5. -Sampling Plan for Code Letter "C"
[Sample inspection criteria]
Stage Pass No. Fail No. Stage Pass No. Fail No.
1 ( [FN1]) ( [FN2]) 26 11 17
2 ( [FN1]) ( [FN2]) 27 12 17
3 ( [FN1]) ( [FN2]) 28 12 18
4 ( [FN1]) ( [FN2]) 29 13 18
5 0 ( [FN2]) 30 13 19
6 0 6 31 14 19
7 1 7 32 14 20
8 2 7 33 15 20
9 2 8 34 16 21
10 3 9 35 16 21
11 3 9 36 17 22
12 4 10 37 17 22
13 4 10 38 18 23
14 5 11 39 18 23
15 5 11 40 19 24
16 6 12 41 19 24
17 6 12 42 20 25
18 7 13 43 20 25
19 7 13 44 21 26
20 8 14 45 21 27
21 8 14 46 22 27
22 9 15 47 22 27
23 10 15 48 23 27
24 10 16 49 23 27
25 11 16 50 26 27
_____
[FN1] Test sample passing not permitted at this stage.
[FN2] Test sample failure not permitted at this stage.
Table 6. -Sampling Plan for Code Letter "D"
[Sample inspection criteria]
Stage Pass No. Fail No. Stage Pass No. Fail No.
1 ( [FN1]) ( [FN2]) 31 14 20
2 ( [FN1]) ( [FN2]) 32 14 20
3 ( [FN1]) ( [FN2]) 33 15 21
4 ( [FN1]) ( [FN2]) 34 15 21
5 0 ( [FN2]) 35 16 22
6 0 6 36 16 22
7 1 7 37 17 23
8 2 8 38 17 23
9 2 8 39 18 24
10 3 9 40 18 24
11 3 9 41 19 25
12 4 10 42 19 26
13 4 10 43 20 26
14 5 11 44 21 27
15 5 11 45 21 27
16 6 12 46 22 28
17 6 12 47 22 28
18 7 13 48 23 29
19 7 13 49 23 29
20 8 14 50 24 30
21 8 14 51 24 30
22 9 15 52 25 31
23 9 15 53 25 31
24 10 16 54 26 32
25 11 16 55 26 32
26 11 17 56 27 33
27 12 17 57 27 33
28 12 18 58 28 33
29 13 19 59 28 33
30 13 19 60 32 33
_____
[FN1] Test sample passing not permitted at this stage.
[FN2] Test sample failure not permitted at this stage.
s 2447. California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines.
Test Procedures referred to in this chapter may be obtained from the State Air Resources Board at P.O. Box 8001, 9528 Telstar Avenue, El Monte, California 91734-8001.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.
s 2448. Sunset Review of the California Regulations for 2001 and Later Model Year Spark-Ignition Marine Engines.
Within five years from the effective date of adoption or date of implementation, whichever comes later, the Air Resources Board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this Article to determine whether they should be retained, revised or repealed.
Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code. Reference: Sections 39600 and 39601, Health and Safety Code.
s 2450. Purpose.
These regulations establish a statewide program for the registration and regulation of portable engines and engine-associated equipment (portable engines and equipment units) as defined herein. Portable engines and equipment units registered under the Air Resources Board program may operate throughout the State of California without authorization (except as specified herein) or permits from air quality management or air pollution control districts (districts). These regulations preempt districts from permitting, registering, or regulating portable engines and equipment units, including equipment necessary for the operation of a portable engine (e.g. fuel tanks), registered with the Executive Officer of the Air Resources Board except in the circumstances specified in the regulations.
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
s 2451. Applicability.
(a) Registration under this regulation is voluntary for owners and operators of portable engines or equipment units.
(b) This regulation applies to portable engines and equipment units as defined in section 2452. Except as provided in paragraph (c) of this section, any portable engine or equipment unit may register under this regulation. Examples include, but are not limited to:
(1) portable equipment units driven solely by portable engines including confined and unconfined abrasive blasting, Portland concrete batch plants, sand and gravel screening, rock crushing, and unheated pavement recycling and crushing operations;
(2) consistent with section 209(e) of the federal Clean Air Act, engines and associated equipment used in conjunction with the following types of portable operations: well drilling, service or work-over rigs; power generation, excluding cogeneration; pumps; compressors; diesel pile-driving hammers; welding; cranes; woodchippers; dredges; equipment necessary for the operation of portable engines and equipment units; and military tactical support equipment.
(c) The following are not eligible for registration under this program:
(1) any engine used to propel mobile equipment or a motor vehicle of any kind;
(2) any engine or equipment unit not meeting the definition of portable as defined in section 2452(z) of this regulation;
(3) any equipment unit and its associated engine determined by the Executive Officer to qualify as part of a stationary source permitted by a district;
(4) any portable engine or equipment unit subject to an applicable federal Maximum Achievable Control Technology standard, or National Emissions Standard for Hazardous Air Pollutants, or federal New Source Performance Standard, except for equipment units subject to 40 CFR Part 60 Subpart OOO (Standards of Performance for Nonmetallic Mineral Processing Plants);
(5) any portable engine or equipment unit operating within the boundaries of the California Outer Continental Shelf (OCS) [Note: This shall not prevent statewide registration of engines and equipment units already permitted by a district for operation in the OCS. Such statewide registration shall only be valid for operation onshore and in State Territorial Waters (STW).];
(6) any dredging operation in the Santa Barbara Harbor;
(7) any dredging unit owned by a single port authority, harbor district, or similar agency in control of a harbor, and operated only within the same harbor;
(8) generators used for power production into the grid, except to maintain grid stability during an emergency event or other unforeseen event that affects grid stability; and
(9) generators used to provide primary or supplemental power to a building, facility, stationary source, or stationary equipment, except during unforeseen interruptions of electrical power from the serving utility, maintenance and repair operations, electrical upgrade operations that do not exceed 60 calendar days, operations where the voltage, frequency, or electrical current requirements can only be supplied by a portable generator, or remote operations where grid power is unavailable. For interruptions of electric power, the operation of a registered generator including engine startup, shutdown and testing shall not exceed the time of the actual interruption of power.
(d) Any engine or equipment unit that loses eligibility for registration under this program shall apply for a permit with a district within 90 days of being notified of loss of eligibility. Registration shall remain valid and operation may continue under this article until the district grants or denies approval for the engine or equipment unit.
(e) In the event that the owner or operator of a portable engine or equipment unit elects not to register under this program, the unregistered portable engine or equipment unit shall be subject to district permitting requirements pursuant to district regulations.
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
s 2452. Definitions.
(a) Air Contaminant means any discharge, release, or other propagation into the atmosphere which includes, but is not limited to, smoke, dust, soot, grime, carbon, fumes, gases, odors, particulate matter, acids, or any combination thereof.
(b) ARB means the California Air Resources Board.
(c) Corresponding Onshore District means the district which has jurisdiction for the onshore area that is geographically closest to the engine or equipment unit.
(d) District means an air pollution control district or air quality management district created or continued in existence pursuant to provisions of Part 3 (commencing with section 40000) of the California Health and Safety Code.
(e) Electrical Upgrade means replacement or addition of electrical equipment and systems resulting in increased generation, transmission and/or distribution capacity.
(f) Emergency Event means any situation arising from sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other acts of God, or other unforeseen events beyond the control of the portable engine or equipment unit operator, its officers, employees, and contractors that threatens public health and safety and that requires the immediate temporary operation of portable engines or equipment units to help alleviate the threat to public health and safety.
(g) Engine means any piston driven internal combustion engine.
(h) Equipment Unit means equipment that emits PM 10 over and above that emitted from an associated portable engine.
(i) Executive Officer means the Executive Officer of the California Air Resources Board or his/her designee.
(j) Existing Program Participant means a company, public agency, or municipality with a unique name and mailing address that held registration prior to September 1, 2005.
(k) Hazardous Air Pollutant (HAP) means any air contaminant that is listed pursuant to section 112(b) of the federal Clean Air Act.
(l) Home District means the district designated by the responsible official of the portable engine or equipment unit in which the portable engine or equipment unit resides most of the time.
(m) Identical Replacement means a substitution due to mechanical breakdown of a registered portable engine or equipment unit with another portable engine or equipment unit that has the same manufacturer, type, model number, manufacturer's maximum rated capacity, and rated brake horsepower; and is intended to perform the same or similar function as the original portable engine or equipment unit; and has equal or lower emissions expressed as mass per unit time; and meets the emission control technology requirements of sections 2455 through 2457 of this article.
(n) Location means any single site at a building, structure, facility, or installation.
(o) Maximum Achievable Control Technology (MACT) means any federal requirements promulgated as part of 40 CFR Parts 61 and 63.
(p) Maximum Rated Capacity is the maximum throughput rating or volume capacity listed on the nameplate of the portable equipment unit as specified by the manufacturer.
(q) Maximum Rated Horsepower (brake horsepower (bhp)) is the maximum brake horsepower rating specified by the portable engine manufacturer and listed on the nameplate of the portable engine.
(r) Mechanical Breakdown means any failure of an engine's electrical system or mechanical parts that necessitates the removal of the engine from service.
(s) Modification means any physical change to, change in method of operation of, or in addition to an existing portable engine or equipment unit, which may cause or result in an increase in the amount of any air contaminant emitted or the issuance of air contaminants not previously emitted. Routine maintenance and/or repair shall not be considered a physical change. Unless previously limited by an enforceable registration condition, a change in the method of operation shall not include:
(1) an increase in the production rate, unless such increase will cause the maximum design capacity of the portable equipment unit to be exceeded;
(2) an increase in the hours of operation;
(3) a change of ownership; and
(4) the movement of a portable engine or equipment unit from one location to another;
(t) New Nonroad Engine means a nonroad engine, the equitable or legal title to which has never been transferred to an ultimate purchaser. If the equitable or legal title to an engine is not transferred to an ultimate purchaser until after the engine is placed into service, then the engine will no longer be new after it is placed into service. A nonroad engine is placed into service when it is used for its functional purposes. The term "ultimate purchaser" means, with respect to a new nonroad engine, the first person who in good faith purchases a new nonroad vehicle or a new nonroad engine for purposes other than resale.
(u) New Program Participant means a company, public agency, or municipality with a unique name and mailing address that did not hold registration prior to September 1, 2005.
(v) New Source Performance Standard means any federal requirement promulgated as part of 40 CFR Part 60.
(w) Non-operational means a portable engine or equipment unit that an owner or operator has demonstrated to the satisfaction of the Executive Officer as residing in California but not operating. A portable engine or equipment unit determined to be non-operational may not operate under the registration program.
(x) Nonroad Engine means:
(1) Except as discussed in paragraph (2) of this definition, a nonroad engine is any engine:
(A) in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or
(B) in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or
(C) that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
(2) An engine is not a nonroad engine if:
(A) the engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the federal Clean Air Act; or
(B) the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the federal Clean Air Act; or
(C) the engine otherwise included in paragraph (1)(C) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location approximately three (or more) months each year.
(y) 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.).
(z) Portable means designed and capable of being carried or moved from one location to another. Indicia of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of this regulation, dredge engines on a boat or barge are considered portable. The engine or equipment unit is not portable if any of the following are true:
(1) the engine or equipment unit or its replacement is attached to a foundation, or if not so attached, will reside at the same location for more than 12 consecutive months. The period during which the engine or equipment unit is maintained at a storage facility shall be excluded from the residency time determination. Any engine or equipment unit such as back-up or stand-by engines or equipment units, that replace engine(s) or equipment unit(s) at a location, and is intended to perform the same or similar function as the engine(s) or equipment unit(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s) or equipment unit(s), including the time between the removal of the original engine(s) or equipment unit(s) and installation of the replacement engine(s) or equipment unit(s), will be counted toward the consecutive time period; or
(2) the engine or equipment unit remains or will reside at a location for less than 12 consecutive months if the engine or equipment unit is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or
(3) the engine or equipment unit is moved from one location to another in an attempt to circumvent the portable residence time requirements.
(aa) Prevention of Significant Deterioration (PSD) means any federal requirements promulgated as part of 40 CFR Part 52.
(bb) Process means any air-contaminant-emitting activity associated with the operation of a portable engine.
(cc) Project, for the purposes of onshore operation, means the use of one or more registered portable engines or equipment units operated under the same or common ownership or control to perform a single activity.
(dd) Project, for the purposes of State Territorial Waters (STW), means the use of one or more registered portable engines and equipment units operating under the same or common ownership or control to perform any and all activities needed to fulfill specified contract work that is performed in STW. For the purposes of this definition, a contract means verbal or written commitments covering all operations necessary to complete construction, exploration, maintenance, or other work. Multiple or consecutive contracts may be considered one project if they are intended to perform activities in the same general area, the same parties are involved in the contracts, or the time period specified in the contracts is determined by the Executive Officer to be sequential.
(ee) Registration means issuance of a certificate by the Executive Officer acknowledging expected compliance with the applicable requirements of this article, and the intent by the owner or operator to operate said portable engine or equipment unit within the requirements established by this article as it pertains to portable engines and equipment units.
(ff) Rental Business means a business in which the principal use of its engines or equipment units is to temporarily rent or lease for profit, portable engines or equipment units to operators other than the owner(s) of the engine or equipment unit.
(gg) Renter means a person who rents a portable engine or equipment unit from a rental business.
(hh) Resident Engine means:
(1) a portable engine that at the time of applying for registration, has a current, valid district permit or registration issued in accordance with local district requirements and an application for registration is submitted to the Executive Officer on or before December 31, 2005; or
(2) a portable engine that resided in the State of California at any time from July 1, 2003 to July 1, 2004 and an application for registration is submitted to the Executive Officer no later than December 31, 2005. The responsible official shall provide sufficient documentation to prove the portable engine's residency to the satisfaction of the Executive Officer. Examples of adequate documentation include but are not limited to: valid permits issued by a district, tax records, and usage or maintenance records.
(ii) Responsible Official is the individual employed or otherwise retained by a company, public agency, or municipality that has the authority to certify that the portable equipment complies with all applicable requirements of this article.
(jj) State Territorial Waters (STW) includes all of the following: an expanse of water that extends from the California coastline to 3 miles off-shore; a 3 mile wide belt around islands; and estuaries, rivers, and other inland waterways.
(kk) Stationary Source means any building, structure, facility or installation which emits any air contaminant directly or as a fugitive emission. "Building," "structure," "facility," or "installation" includes all pollutant emitting activities which:
(1) are under the same ownership or operation, or which are owned or operated by entities which are under common control;
(2) belong to the same industrial grouping either by virtue of falling within the same two-digit standard industrial classification code or by virtue of being part of a common industrial process, manufacturing process, or connected process involving a common raw material; and
(3) are located on one or more contiguous or adjacent properties.
[Note: For purposes of this regulation a stationary source and nonroad engine are mutually exclusive.]
(ll) Stick Test means the process whereby a ruler or similar device is inserted perpendicular to the bottom of the fuel tank. From the wetted length of the ruler, the amount of fuel remaining in a tank of known dimensions can be calculated.
(mm) Storage means a warehouse, enclosed yard, or other area established for the primary purpose of maintaining portable engines or equipment units when not in operation.
(nn) Tactical Support Equipment (TSE) means equipment using a portable engine, including turbines, that meets military specifications, owned by the U.S. Department of Defense, the U.S. military services, or its allies, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. Examples include, but are not limited to, internal combustion engines associated with portable generators, aircraft start carts, heaters and lighting carts.
(oo) Transportable means the same as portable.
(pp) Volatile Organic Compound (VOC) means any compound containing at least one atom of carbon except for the following exempt compounds: acetone, ethane, parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonates, methylene chloride (dichloromethane), methyl chloroform (1,1,1-trichoroethane), CFC-113 (trichlorotrifluoroethane), CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), HCFC-124 (chlorotetrafluoroethane), HFC-23 (trifluoromethane), HFC-134 (tetrafluoroethane), HFC-125 (pentafluoroethane), HFC-143a (trifluoroethane), HFC-152a (difluoroethane), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons:
(1) cyclic, branched, or linear, completely fluorinated alkanes;
(2) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
(3) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(4) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine, acetone, ethane, and parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene).
(qq) U.S. EPA means the United States Environmental Protection Agency.
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
s 2453. Application Process.
(a) In order for an engine or equipment unit to be considered for registration by the Executive Officer, the engine or equipment unit must be portable as defined in section 2452(z) and meet all applicable requirements established in this article.
(b) For purposes of registration under this article, a portable engine and the equipment unit it serves are considered to be separate emissions units and require separate applications.
(c) For an identical replacement, an owner or operator of a registered portable engine or equipment unit is not required to complete a new application and may immediately operate the identical replacement. Except for TSE, the owner or operator shall notify the Executive Officer in writing within five calendar days of replacing the registered portable engine or equipment unit with an identical replacement. Notification shall include company name, responsible official, phone number, registration certificate number of the portable engine or equipment unit to be replaced, and make, model, rated brake horsepower, serial number of the identical replacement; description of the mechanical breakdown; and applicable fees as required in section 2461. Misrepresentation of portable engine or equipment unit information and failure to meet the requirements of this regulation shall subject the owner or operator to section 2465.
(d) The Executive Officer shall inform the applicant, in writing, if the application is complete or deficient, within 30 days of receipt of an application. If deemed deficient, the Executive Officer shall identify the specific information required to make the application complete.
(e) The Executive Officer shall issue or deny registration according to the following schedule:
(1) within 90 days of receipt of an application, for applications received on or before December 31, 2005, except for applications containing only resident engines or only resident engines and equipment units which shall be 180 days from the date of receipt; and
(2) within 90 days of receipt of an application, for applications received after December 31, 2005.
(f) Upon finding that a portable engine or equipment unit meets the requirements of this article, the Executive Officer shall issue a registration for the portable engine or equipment unit. The Executive Officer shall notify the applicant in writing that the portable engine or equipment unit has been registered. The notification shall include a registration certificate, any conditions to ensure compliance with state and federal requirements, and a registration identification device for each registered portable engine or equipment unit. Except for TSE, the registration identification device shall be affixed on the registered portable engine or equipment unit at all times, and the registration certificate shall be kept on the immediate premises with the portable engine or equipment at all times and made accessible to the Executive Officer or districts upon request. Failure to properly maintain the registration identification device shall be deemed a violation of this article.
(g) Except for TSE, each application for registration and the appropriate fee(s) as specified in section 2461, shall be submitted in a format approved by the Executive Officer and include, at a minimum, the following information:
(1) indication of portable engine or equipment unit status (e.g., resident) and general nature of business (e.g., rental business, etc.);
(2) indication of home district (optional);
(3) the name of applicant, including mailing address and telephone number;
(4) a brief description of typical portable-engine or equipment-unit use;
(5) detailed description, including portable-engine or equipment-unit make, model, manufacture year (for portable engines only), rated brake horsepower, throughput, capacity, emission control equipment, and serial number;
(6) necessary engineering data, emissions test data, or manufacturer's emissions data to demonstrate compliance with the requirements as specified in sections 2455, 2456, and 2457;
(7) for resident engines, a copy of a current permit to operate or a registration certificate that was granted by a district or other proof of California residency as described in section 2452(hh); and
(8) the printed name and signature of the responsible official and date of the signature.
(h) For TSE, application for registration and the appropriate fee(s) as specified in section 2461, shall be submitted in a format approved by the Executive Officer and include, at a minimum, the following information:
(1) the name of applicant, including mailing address and telephone number;
(2) a brief description of typical portable-engine or equipment-unit use;
(3) portable-engine or equipment-unit description, including type and rated brake horsepower; and
(4) the printed name and signature of the responsible official and date of the signature.
(i) Portable engines or equipment units owned and operated for the primary purpose of rental by a rental business shall be identified as rental at the time of application for registration and shall be issued a registration specific to the rental business requirements of this article. Portable engines or equipment units used primarily for purposes other than rental or not owned by a rental business shall not qualify for registration as a rental business. Misrepresentation of portable engine or equipment unit use in an attempt to qualify under the rental business definition shall subject the owner or operator to section 2465 of this article.
(j) Applications must be filed with the Executive Officer to change all registered non-operational engines and equipment units to operational status no later than 90 days after the effective date of these regulations, or the registrations will be cancelled.
(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 registered portable engines or equipment units are preempted by the statewide registration and are, therefore, considered null and void, except for the following circumstances where a district permit shall be required:
(1) portable 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 portable engine or equipment unit while operating at the project(s) in the OCS; or
(2) portable engines or equipment units used in a project(s) operating in both the OCS and STW. The requirements of the district permit or registration apply to the registered portable engine or equipment unit while operating at the project(s) in the OCS and STW; or
(3) atSTW project(s) that trigger district emission offset thresholds; or (continued)