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(4) at any specific location where statewide registration is not valid. The portable engine or equipment unit shall obtain a district permit or registration for the location(s) where the statewide registration is not valid; or
(5) any engine or equipment unit that has been determined to cause a public nuisance as defined in Health and Safety Code Section 41700.
The portable engine or equipment unit shall not be operated under both statewide registration and a district permit at any specific location.
(m) When a registered engine or equipment unit has been purchased, the new owner shall submit a change of ownership application. The existing registration is not valid for the new owner until the application has been filed and all applicable fees have been paid. Registration will be reissued to the new owner after a complete application has been approved by the Executive Officer.
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 2454. Registration Process.
(a) The Executive Officer shall make registration data available to the districts (e.g., on the Internet).
(b) The Executive Officer may conduct an inspection of a portable engine or equipment unit and/or require a source test in order to verify compliance with the requirements of this article prior to issuance of registration.
(c) After obtaining registration in accordance with this article, the owner or operator of the registered portable engines or equipment units may operate within the boundaries of the State of California so long as such portable engines or equipment units comply with all applicable requirements of this article and any other applicable federal or state law.
(d) Districts shall provide the Executive Officer with written reports or electronic submittals via the Internet, describing any inspections and the nature and outcome of any violation of local, state or federal laws by the owner or operator of registered portable engines or equipment units. The Executive Officer will provide all districts with such information (e.g., on the Internet).
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
s 2455. General Requirements.
(a) The emissions from portable engines or equipment units registered under this article shall not, in the aggregate, interfere with the attainment or maintenance of California or federal ambient air quality standards. The emissions from any one portable engine or equipment unit, exclusive of background concentration, shall not cause an exceedance of any ambient air quality standard. This paragraph shall not be construed as requiring portable engine or equipment unit operators to provide emission offsets for a portable engine or equipment unit registered under this article.
(b) Portable engines or equipment units registered under this article shall comply with article 1, chapter 3, part 4, division 26 of the California Health and Safety Code, commencing with section 41700.
(c) Except for portable engines or equipment units permitted or registered by a district in which an emergency event occurs, a portable engine or equipment unit operated during an emergency event as defined in section 2452(f) of this article, is considered registered under the requirements of this article for the duration of the emergency event and is exempt from sections 2455, 2456, 2457, 2458, and 2459 of this article for the duration of the emergency event provided the owner or operator notifies the Executive Officer within 24 hours of commencing operation. The Executive Officer may for good cause refute that an emergency event under this provision exists. If the Executive Officer deems that an emergency event does not exist, all operation of portable engines and equipment units covered by this provision shall cease operation immediately upon notification by the Executive Officer. Misrepresentation of an emergency event and failure to cease operation under notice of the Executive Officer is a violation of this article and may subject the owner or operator to section 2465 of this article.
(d) For the purposes of registration under this article, the owner or operator of a registered portable equipment unit must notify the U.S. EPA and comply with 40 CFR 52.21 if:
(1) the portable equipment unit operates at a facility defined as a major source under 40 CFR 51.166 or 52.21, and
(A) the facility is located within 10 kilometers of a Class I area; or
(B) the portable equipment unit, operating in conjunction with other registered portable equipment units, operates at the stationary source and its operation would be defined as a major modification to the stationary source under 40 CFR 51.166 or 52.21; or
(2) the portable equipment unit, operating in conjunction with other registered portable equipment units, would be defined as a major stationary source, as defined under 40 CFR 51.166 or 52.21.
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
s 2456. Engine Requirements.
(a) For TSE, no air contaminant shall be discharged into the atmosphere, other than uncombined water vapor, for a period or periods aggregating more than three minutes in any one hour which is as dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke designated as No. 2 on the Ringelmann Chart. No other requirements of this section are applicable to TSE.
(b) Diesel pile-driving hammers shall comply with the applicable provisions of section 41701.5 of the California Health and Safety Code and are otherwise exempt from further requirements of this section.
(c) To be registered in the Statewide Registration Program, a registered portable engine rated less than 50 brake horsepower shall comply with the most stringent requirements, if any, for its horsepower rating and year of manufacture set forth in 40 CFR Part 89 or Title 13, California Code of Regulations. If no emission standards exist for that brake horsepower and year of manufacture at the time of registration, the engine shall comply with the applicable daily and annual emission limits contained in section 2456(g) of this article. No other requirements of this section are applicable to portable engines rated less than 50 brake horsepower.
(d) Portable engines registered under this article shall:
(1) comply with the applicable daily and annual emission limits contained in section 2456(g) of this article;
(2) use only fuels meeting the standards for California motor vehicle fuels as set forth in chapter 5, division 3, Title 13 of the California Code of Regulations, commencing with section 2250, or other fuels and/or additives that have been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines;
(3) not exceed particulate matter emissions concentration of 0.1 grain per standard dry cubic feet corrected to 12 percent CO 2;
(4) not discharge air contaminants into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity;
(5) except for an engine that qualifies as a resident engine, and applications for change of ownership, applications filed on or before December 31, 2005, meet the most stringent emissions standard. After December 31, 2005, except for change of ownership, applications filed for new registration or identical replacement of a registered portable engine, shall meet the most stringent emissions standard. This provision in subsection (d)(5) does not apply to engines built under the flexibility provisions for equipment and vehicle manufacturers and post manufacture marinizers pursuant to 40 CFR part 89 or Title 13 of the California Code of Regulations.
(6) after January 1, 2010, if rated 50 brake horsepower or above and not previously meeting a federal or California standard pursuant to 40 CFR Part 86, 40 CFR Part 89 or Title 13 of the California Code of Regulations, meet the most stringent emissions standard (the registration for portable engines that previously did not meet the most stringent standards listed above shall expire on December 31, 2009, and the responsible official must reapply at this time and demonstrate compliance with the most stringent emissions standard). The requirements of this sub-section do not apply if the requirements of Title 13 of the California Code of Regulations Section 93116.3 are satisfied;
(7) meet all applicable requirements in Title 13 of the California Code of Regulations Section 93116; and
(8) For the purpose of sub-sections (d), (g), and (h), the most stringent emissions standard shall be the current emissions standard in effect at the time an application is received and set forth in Title 13 of the California Code of Regulations for that engine rating. If no emissions standard exists under the California Code of Regulations, then the current emissions standard set forth in 40 CFR Part 86 or 40 CFR Part 89 shall apply. If no standard exists under 40 CFR Part 86, or 40 CFR Part 89, then the current requirements of 40 CFR part 1048 or Table 1 for spark-ignition engines shall apply. Any engine meeting the most stringent emission standard, as defined above, is not subject to requirement (3) of sub-section (d).
(e) A registered portable engine owned and operated by a rental business and designated for use as a rental engine shall have operational and properly maintained non-resettable hour meters or fuel flow meters for purposes of complying with the requirements of section 2458.
(f) Any registered portable engine that is subject to an hours of operation limitation shall be equipped with a non-resettable hour meter.
(g) Registered portable engines shall not exceed the following emission limits:
(1) 550 pounds per day per engine of carbon monoxide (CO);
(2) 150 pounds per day per engine of particulate matter less than 10 microns (PM 10);
(3) for registered portable engines operating onshore, 10 tons for each pollutant per district per year per engine for NOx, SOx, VOC, PM 10, and CO in nonattainment areas;
(4) for registered portable engines operating within STW:
(A) the offset requirements of the corresponding onshore district apply. Authorization from the corresponding onshore district is required prior to operating within STW. If authorization is in the form of a current district permit, the terms and conditions of the district permit supercede the requirements for the project, except that the most stringent of the technology and emission concentration limits required by the district permit or statewide registration are applicable. If the portable engine does not have a current district permit, the terms and conditions of the statewide registration apply, and the corresponding onshore district may require offsets pursuant to district rules and regulations. The requirement for district offsets shall not apply to the owner/operator of a state registered engine(s) when the engine(s) is operated at a stationary source permitted by the district; and
(B) the corresponding onshore district may perform an ambient air quality impact analysis (AQIA) for the proposed project prior to granting authorization. The owner/operator of state registered engine(s) shall be required, at the request of the district, to submit any information deemed by the district to be necessary for performing the AQIA. Statewide registration shall not be valid at any location where the AQIA demonstrates a potential violation of an ambient air quality standard.
(5) for engines operating in the South Coast Air Quality Management District (SCAQMD), 100 pounds nitrogen oxides (NOx) per project per day [An owner may substitute SCAQMD permit or registration limits in effect on or before September 17, 1997 (optional)];
(6) 100 pounds NOx per engine per day, except in SCAQMD where the limit is 100 pounds NOx per project per day; and
(7) in lieu of (5) and (6) above, operation of a new nonroad engine rated at 750 brake horsepower or greater for which a federal or California standard pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulations has not yet become effective, shall not exceed 12 hours per day;
(8) for engines that operate in both STW and onshore, the 10 tons per district per year per engine limit in (3) above shall only apply onshore; and
(9) A portable engine meeting an applicable emissions standard, as set forth in Title 13 of the California Code of Regulations, 40 CFR Part 86, or 40 CFR Part 89, or for spark-ignition engines that meet either the standards set forth in 40 CFR part 1048 or the applicable emissions standard set forth in Table 1 of this regulation, is exempt from the daily and annual emission limits specified above.
(h) Portable engines operated on a dredge shall meet the most stringent emission standard by January 1, 2005.
(i) Registered TSE is exempt from district New Source Review and Title V programs, including any offset requirements. Further, emissions from registered TSE shall not be included in Title V or New Source Review applicability determinations.
(j) Engines initially registering after September 1, 2005, that provide power to or that are mounted on the same trailer or skid with equipment that is ineligible for registration and subject to district permits, including but not limited to boilers, heaters, hot mix asphalt plants, and soil remediation units, shall 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.
Table 1. Spark-Ignition Engine Requirements*
Pollutant Emission Limits or Control Technology
NOx** VOC** CO**
80 ppmdv NOx 240 ppmdv VOC 176 ppmdv CO
(1.5 g/bhp-hr)** (1.5 g/bhp-hr) (2.0 g/bhp-hr)
*These requirements are in addition to requirements of section 2455 and 2456.
**For the purpose of compliance with this article, ppmdv is parts per million @ 15 percent oxygen averaged over 15 consecutive minutes. Limits of ppmdv are the approximate equivalent to the stated grams per brake horsepower hour limit based on assuming the engine is 24.2 percent efficient.
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 2457. Requirements for Portable Equipment Units.
(a) Emissions from a registered portable equipment unit, exclusive 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 within STW and onshore, emissions released while operating both in STW and onshore shall be included toward the 10 tons per year limit.
(b) Portable equipment units shall also meet the following applicable requirements:
(1) Confined abrasive blasting operations:
(A) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity;
(B) the particulate matter emissions shall be controlled using a fabric or cartridge filter dust collector;
(C) as a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter control of 99 percent for the dust collection equipment;
(D) except for vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters; and
(E) there shall be no visible emissions beyond the property line on which the equipment is being operated.
(2) Concrete batch plants:
(A) all dry material transfer points shall be ducted through a fabric or cartridge type filter dust collector, unless there are no visible emissions from the transfer point;
(B) all cement storage silos shall be equipped with fabric or cartridge type vent filters;
(C) the silo vent filters shall be maintained in proper operating condition;
(D) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity;
(E) open areas and all roads subject to vehicular traffic shall be paved, watered, or chemical palliatives applied to prevent fugitive emissions in excess of 20 percent opacity or Ringelmann 1;
(F) silo service hatches shall be dust-tight;
(G) as a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter control of 99 percent for the fabric dust collection equipment;
(H) except for vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters;
(I) all aggregate transfer points shall be equipped with a wet suppression system to control fugitive particulate emissions unless there are no visible emissions;
(J) all conveyors shall be covered, unless the material being transferred results in no visible emissions;
(K) wet suppression shall be used on all stockpiled material to control fugitive particulate emissions, unless the stockpiled material results in no visible emissions; and
(L) there shall be no visible emissions beyond the property line on which the equipment is being operated.
(3) Sand and gravel screening, rock crushing, and pavement crushing and recycling operations:
(A) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity;
(B) there shall be no visible emissions beyond the property line on which the equipment is being operated;
(C) all transfer points shall be ducted through a fabric or cartridge type filter dust collector, or shall be equipped with a wet suppression system maintaining a minimum moisture content unless there are no visible emissions;
(D) particulate matter emissions from each crusher shall be ducted through a fabric dust collector, or shall be equipped with a wet suppression system which maintains a minimum moisture content to ensure there are no visible emissions;
(E) all conveyors shall be covered, unless the material being transferred results in no visible emissions;
(F) all stockpiled material shall be maintained at a minimum moisture content unless the stockpiled material results in no visible emissions;
(G) as a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter control of 99 percent for the fabric dust collection equipment;
(H) except for vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters;
(I) open areas and all roads subject to vehicular traffic shall be paved, watered, or chemical palliatives applied to prevent fugitive emissions in excess of 20 percent opacity or Ringelmann 1; and
(J) if applicable, the operation shall comply with the requirements of 40 CFR Part 60 Subpart OOO.
(4) Unconfined abrasive blasting operations:
(A) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 2 or equivalent 40 percent opacity;
(B) only California Air Resources Board-certified abrasive blasting material shall be used [Note: see Title 17, California Code of Regulations, section 92530 for certified abrasives.];
(C) the abrasive material shall not be reused;
(D) no air contaminant shall be released into the atmosphere which causes a public nuisance;
(E) all applicable requirements of Title 17 of California Code of Regulations shall also apply; and
(F) there shall be no visible emissions beyond the property line on which the equipment is being operated.
(5) Tub grinders and trommel screens:
(A) there shall be no visible emissions beyond the property line on which the equipment is being operated;
(B) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark or darker than Ringelmann 1 or equivalent 20 percent opacity; and
(C) water suppression or chemical palliatives shall be used to control fugitive particulate emissions from the tub grinder whenever the tub grinder is in operation, unless there are no visible emissions.
(c) Portable equipment units not described in section 2457(b) above, shall be subject to the most stringent district Best Available Control Technology (BACT) requirements in effect for that category of source at the time of application for registration.
(d) Registration is not valid for any equipment unit operating at a location if by virtue of the activity to be performed hazardous air pollutants will be emitted (e.g., rock crushing plant operating in a serpentine quarry. [Note: The equipment unit would be subject to the requirements of the district in which the equipment is located.]
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 2458. Recordkeeping and Reporting.
(a) Any registered portable engine, except for engines operating in STW, that meets one of the following criteria is exempt from the requirements of this section, except for sub-sections (e), and (f):
(1) an applicable emissions standard as set forth in Title 13 of the California Code of Regulations, 40 CFR part 86, or 40 CFR Part 89; or
(2) for spark-ignition engines, the emissions standard set forth in 40 CFR part 1048 or set forth in Table 1 of section 2456.
(b) Except for engines owned by a rental business and TSE, the owner of a registered portable engine subject to operational limitations, including engines otherwise preempted under section 209(e), or portable equipment unit shall maintain daily records for each day of operation of each registered portable engine and equipment unit. The daily records shall be maintained at a central place of business for five years, and made accessible to the Executive Officer or districts upon request. Daily records shall be maintained in a format approved by the Executive Officer and include, at a minimum, all of the following:
(1) portable engine or equipment unit registration number;
(2) month, day and year;
(3) the location(s) at which the portable engine or equipment unit was operated, identified by district, county, or specific location(s);
(4) for equipment units, the total process weight or throughput;
(5) for engines that are subject to hours of operation limitations, actual hours of operation; and
(6) for engines that are subject to fuel use limitations, total fuel used in gallons:
(A) for engines initially registering on or after September 1, 2005, daily fuel consumption shall be measured by fuel flow meter; and
(B) for engines initially registering prior to September 1, 2005, daily fuel consumption shall be measured either by fuel flow meter, fuel tank stick test, or by fuel purchase records. If fuel purchase records or a stick test is used, the operator shall record the average operating load of the engine or use the approved operating load default factors, and the calculation approved by the Executive Officer to determine the daily fuel use for the engine. The stick test shall be performed prior to the start of and after the shutdown of operations on any given day to determine the amount of fuel used on that day. For an engine that operates on a 24-hour basis, the stick test shall be performed once at the same time each day of uninterrupted operation, and then compared to the previous day's test to calculate daily fuel use.
(c) The owner of a registered portable engine owned by a rental business and designated for the purpose of renting, shall maintain records for each transaction. The owner shall provide each person who rents the portable engine with a written copy of applicable requirements of this article, including recordkeeping and notification requirements, as a part of the agreement. The records, including written acknowledgment by each renter of the portable engine of having received the above information, shall be maintained at a central location for five years, and made accessible to the Executive Officer or districts upon request. Records shall be maintained in a format approved by the Executive Officer and include, at a minimum, for each registered portable engine all of the following:
(1) portable engine registration number;
(2) dates portable engine left and returned to a rental yard; and
(3) hours of operation for each rental period.
(d) For TSE, each military installation shall provide the Executive Officer an annual report, in a format approved by the Executive Officer, within 60 days after the end of each calendar year. The report shall include the number, type, and rating of registered TSE at each installation as of December 31 of that calendar year, and be accompanied by the applicable fees pursuant to section 2461. Any variation of registered TSE to actual TSE shall be accounted for in this annual report, and the Executive Officer shall issue an updated TSE list accordingly. A renewal registration will be issued with the updated TSE list every three years according to expiration date.
(e) For generators used to provide power to a building, facility, stationary source, or stationary equipment during unforeseen interruptions of electrical power from the serving utility or during electrical upgrades, the owner or operator shall maintain a daily record that shall include the following:
(1) location;
(2) month, day, and year of operation; and
(3) hours of operation.
(f) For each engine subject to the requirements of Title 13 California Code of Regulations section 93116, the owner shall keep records and submit reports in accordance with Title 13 California Code of Regulations section 93116.4.
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 2459. Notification.
(a) Except as listed in sub-section (f) of this section, if a registered portable engine or equipment unit will be in a district for more than five days, the owner or operator or renter (except as noted in (c) below), shall notify the district in writing, via facsimile, electronic mail, or by telephone, within two working days of commencing operations in that district. The notification shall include all of the following:
(1) the registration number of the portable engine or equipment unit;
(2) the name and phone number of the responsible official with information concerning the locations where the portable engine or equipment unit will be operated within the district; and
(3) estimated time the portable engine or equipment unit will be located in the district.
(b) If the district has not been notified as required in paragraph (a), because the owner or operator did not expect the duration of operation in the district to trigger the notification requirement, the owner or operator or renter (except as noted in (c) below), shall notify the district within 12 hours of determining the portable engine or equipment unit will be operating in the district more than five days.
(c) Except as listed in sub-section (f) of this section, owners and operators of registered portable engines rated less than 200 brake horsepower and designated by the Executive Officer for rental use by a rental business are not subject to notification requirements.
(d) Owners and operators of TSE are not subject to notification requirements.
(e) Except as listed in sub-section (f) of this section, owners and operators of registered portable engines or equipment units moving into the designated home district are not subject to notification requirements, providing the home district is identified at the time of registration.
(f) For STW projects, the owner and/or operator of such equipment shall notify the corresponding onshore district in writing, via facsimile, or by telephone, at least 14 days in advance of commencing operations in that district. The notification shall include all of the following:
(1) the registration number of the portable engine(s) or equipment unit(s);
(2) the name and phone number of the responsible official with information concerning the locations where the portable engine(s) or equipment unit(s) will be operated within the district;
(3) estimated time the portable engine(s) or equipment unit(s) will be located in the district; and
(4) estimation of actual emissions expected for the project.
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 2460. Testing.
(a) In determining if a portable engine or equipment unit is eligible for registration, the Executive Officer may inspect a portable engine or equipment unit and/or require a source test, at the owner's expense, in order to verify information submitted in the application except as provided in section 2460(d).
(b) After issuance of registration, the Executive Officer or district may at any time conduct an inspection of any registered portable engine or equipment unit in order to verify compliance with the requirements of this article. However, source testing of engines for compliance purposes shall not be required more frequently than once every three years (including testing at the time of registration), except as provided in section 2460(d), unless evidence of engine tampering, lack of proper engine maintenance, or other problems or operating conditions that could affect engine emissions are identified. In no event shall the Executive Officer or district require source testing of a portable engine for which there is no applicable emission standard, emission limit or other emission related requirement contained in this regulation.
(c) Testing shall be conducted in accordance with the following methods or other methods approved by the Executive Officer:
Particulate Matter: ARB Test Method 5 with probe catch and filter catch only
VOC: ARB Test Method 100 or U.S. EPA Test Method 25A
NOx: ARB Test Method 100 or U.S. EPA Test Method 7E
Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 10
Oxygen: ARB Test Method 100 or U.S. EPA Test Method 3A
Gas Velocity and Flow Rate: ARB Test Method 1 & 2 or U.S. EPA Test Method 1 & 2
(d) Initial or follow-up source testing of engines to verify compliance with the requirements of this regulation shall not be required for the following:
(1) engines certified to satisfy the most stringent emissions standards for the applicable horsepower range specified for State or federal newly-manufactured engines pursuant to Title 13 of the California Code of Regulations, 40 CFR Part 86, or 40 CFR Part 89; or
(2) engines certified to meet the most stringent emissions standards for the applicable horsepower range specified for State or federal on-highway engines pursuant to Title 13 of the California Code of Regulations; or
(3) engines that are retrofitted to meet the most stringent emissions standards for the applicable horsepower range specified for State or federal newly-manufactured engines pursuant to Title 13 of the California Code of Regulations or 40 CFR Part 89, where the retrofit kit has undergone testing consistent with the applicable certification procedures.
(e) The exemption provided in section 2460(d) shall not apply to source testing of engines for compliance purposes where evidence of engine tampering, lack of proper engine maintenance, or other problems or operating conditions that could affect engine emissions are identified.
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
s 2461. Fees.
(a) The Executive Officer shall assess and collect reasonable fees for registration, renewal, and associated administrative tasks, to recover the estimated costs to the Executive Officer for evaluating registration applications, and issuing registration documentation.
(b) Fees shall be due and payable to the Executive Officer at the time an application is filed or as part of any request requiring a fee. Fees are nonrefundable except in circumstances as determined by the Executive Officer.
(c) The owner or operator of a portable engine or equipment unit shall submit fees to the Executive Officer in accordance with Table 2. Until December 31, 2005, new program participants shall pay an increased registration fee in accordance with Table 2. This increased fee shall not apply to agricultural sources or new program participants who have lost permit exemption due to the lowering of the maximum rated horsepower (bhp) permit requirement threshold.
(d) Prior to switching from non-operational to operational status, the owner or operator shall pay the applicable fee as listed in Table 2. The Executive Officer shall verify that the portable engine or equipment unit meets the requirements of this article prior to operation of the portable engine or equipment unit.
(e) A district may collect an enforcement inspection fee as listed in Table 2 one time per calendar year for each registered portable engine or equipment unit inspected. When multiple registered portable engines or equipment units are inspected at a given source or location, the district inspection fee shall be equal to the lesser of the actual cost, including staff time, for conducting the inspection or the fee as listed in Table 2 per registered portable engine or equipment unit inspected. If the district performs an inspection leading to determination of non-compliance with this article, or any applicable state or federal requirements, the district may charge a fee as listed in Table 2 per portable engine or equipment unit for each inspection necessary for the determination and ultimate resolution of the violation. In no event shall the total fees exceed the actual costs, including staff time, to the district of conducting the investigations and resolving any violations.
(f) Failure to pay renewal fees when due shall result in penalties. If a fee payment is not received or postmarked by the specified due date, fee penalties shall be assessed per unit in accordance with Table 2. Failure to pay renewal fees prior to expiration shall result in cancellation of the registration. If a registration has expired for an engine or equipment unit that is eligible for reinstatement, a canceled registration may be reinstated after payment of all renewal and penalty fees. Registration shall be reissued under the original registration number and expiration date. A portable engine or equipment unit without valid registration is subject to the rules and regulations of the district in which it operates.
(g) Fees shall be periodically revised by the Executive Officer in accordance with the consumer price index, as published by the United States Bureau of Labor Statistics.
(h) In lieu of section 2461(e) above, a district may collect a fee, in an amount to be assessed by the district, for costs associated with implementing and enforcing the requirements of 40 CFR Part 60 Subpart OOO for each registered equipment unit subject to Subpart OOO. In no event shall the fee assessed exceed the actual costs, including staff time, to the district for implementing and enforcing Subpart OOO. If for reasonable cause, the district performs an inspection leading to determination of non-compliance with this article, or any applicable state or federal requirements, the district may charge a fee per portable equipment unit for each inspection necessary for the determination and ultimate resolution of the violation. In no event shall the total fees exceed the actual costs, including staff time, to the district of conducting the investigations and resolving any violations.
(i) TSE fees are due at the time of the report pursuant to section 2458(d). 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.
Table 2. Fees for Statewide Registration Program (Fees are per registered unit
except where noted otherwise)
1 Initial Registration
a existing program participants until 12/31/05; all
applicants thereafter (3 year cycle) $270.00
b existing program participants until 12/31/05; all
applicants thereafter (5 year cycle) $450.00
c new program participants until 12/31/05, except
applicants that lost permit exemption (3 year cycle) $370.00
d new program participants until 12/31/05, except
applicants that lost permit exemption (5 year cycle) $550.00
2 Tactical support equipment, initial registration
a Registration of first 25 units (or portion thereof) $750.00
b Registration of every additional 50 units (or portion
thereof) $750.00
3 Change of status from non-operational to operational
a Where initial evaluation has not been previously
completed $180.00
b Where initial evaluation has been previously completed $90.00
4 Identical replacement $75.00
5 Renewal, non-TSE
a Every 3 years $225.00
b Every 5 years $375.00
6 Penalty fee for late renewal payments, non-TSE
a Postmarked within 2 calendar months prior to
registration expiration date $45.00
b Postmarked within the calendar month prior to
registration expiration date $90.00
c Postmarked after the registration expiration date $250.00
7 Annual TSE inventory fee
a first 25 units (or portion thereof) $375.00
b every additional 50 units (or portion thereof) $375.00
8 Modification to registered portable engine or equipment unit $75.00
9 Change of ownership $75.00
10 Replacement of registration identification device $30.00
11 Correction to an engine or equipment unit description $45.00
12 Update company information, copy of registration documents $45.00
13 Copy of registration documents $45.00
14 District inspection fee per registered portable engine or
equipment unit inspected $75.00
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 2462. Duration of Registration.
(a) Except as provided for in section 2456(d)(6), registrations and renewals will be valid for either three or five consecutive years from date of issuance. A new program participant must choose either the three year or five year duration period for all current and future registrations at the time of initial application submittal. An existing program participant may choose to convert to the five year duration period for all registrations which shall be reissued upon renewal only. The existing program participant shall submit a written request for this conversion. For change of ownership, the registration shall retain the original expiration date and upon renewal shall be converted to the duration period chosen by the new owner, if different than the duration period of the previous owner. Once a registration duration period is chosen by a program participant, it shall not be changed.
(b) The Executive Officer shall mail to the owner or operator of a registered portable engine or equipment unit a renewal invoice at least 60 days prior to the registration expiration. Failure to send or receive a renewal invoice does not relieve the responsible official from paying all applicable fees when due.
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
s 2463. Suspension or Revocation of Registration.
(a) The Executive Officer for just cause may suspend or revoke registration in any of the following circumstances:
(1) the holder of registration has violated one or more terms and conditions of registration or has refused to comply with any of the requirements of this article;
(2) the holder of registration has materially misrepresented the meaning, findings, effect or any other material aspect of the registration application, including submitting false or incomplete information in its application for registration regardless of the holder's personal knowledge of the falsity or incompleteness of the information;
(3) the test data submitted by the holder of registration to show compliance with this regulation have been found to be inaccurate or invalid;
(4) enforcement officers of the ARB or the Districts, after presentation of proper credentials, have been denied access, during normal business hours or hours of operation, to any facility or location where registered portable engines and equipment units are operated or stored and are prevented from inspecting such engines or equipment units as provided for in this article (the duty to provide access applies whether or not the holder of registration owns or controls the facility or location in question);
(5) enforcement officers of the ARB or the Districts, after presentation of proper credentials, have been denied access to any records required by this regulation for the purpose of inspection and duplication;
(6) the registered portable engine or equipment unit has failed in-use to comply with the findings set forth in the registration. For the purposes of this section, noncompliance with the registration may include, but is not limited to:
(A) a repeated failure to perform to the standards set forth in this article; or
(B) modification of the engine or equipment unit that results in an increase in emissions or changes the efficiency or operating conditions of such engine or equipment unit, without prior notice to and approval by the Executive Officer; or
(7) the holder of registration has failed to take requested corrective action as set forth in a Notice of Violation or Notice to Comply within the time period set forth in such notice.
(b) A registration holder may be subject to a suspension or revocation action pursuant to this section based upon the actions of an agent, employee, licensee, or other authorized representative.
(c) The Executive Officer shall notify each holder of registration by certified mail of any action taken by the Executive Officer to suspend or revoke any registration granted under this article. The notice shall set forth the reasons for and evidence supporting the action(s) taken. A suspension or revocation is effective upon receipt of the notification.
(d) A party having received a notice to revoke or suspend registration may request that the action be stayed pending a hearing under section 2464. In determining whether to grant the stay, the Executive Officer shall consider the reasonable likelihood that the registration holder will prevail on the merits of the appeal and the harm the registration holder will likely suffer if the stay is not granted. The Executive Officer shall deny the stay if the adverse effects of the stay on the public health, safety, and welfare outweigh the harm to the registration holder if the stay is not granted.
(e) Once a registration has been suspended pursuant to (a) above, the holder of registration shall satisfy and correct all noted reasons for the suspension and submit a written report to the Executive Officer advising him or her of all such steps taken by the holder before the Executive Officer will consider reinstating the registration.
(f) After the Executive Officer suspends or revokes a registration pursuant to this section and prior to commencement of a hearing under section 2464, if the holder of registration demonstrates to the Executive Officer's satisfaction that the decision to suspend or revoke the registration was based on erroneous information, the Executive Officer will reinstate the registration.
(g) Nothing in this section shall prohibit the Executive Officer from taking any other action provided for by law for violations of the Health and Safety Code.
Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code.
s 2464. Appeals.
(a) Hearing Procedures
(1) Any applicant for, or a holder of, registration whose application or registration has been denied, suspended, or revoked may request a hearing to review the action taken by sending a request in writing to the Executive Officer. A request for hearing shall include, at a minimum, the following:
(A) name of applicant or registration holder;
(B) registration number;
(C) copy of the Executive Order revoking or suspending registration or the written notification of denial;
(D) a concise statement of the issues to be raised, with supporting facts, setting forth the basis for challenging the denial, suspension, or revocation (mere conclusory allegations will not suffice);
(E) a brief summary of evidence in support of the statement of facts required in (D) above; and
(F) the signature of an authorized person requesting the hearing.
(2) A request for a hearing shall be filed within 20 days from the date of issuance of the notice of the denial, suspension, or revocation.
(3) A hearing requested pursuant to this section shall be heard by a qualified and impartial hearing officer appointed by the Executive Officer. The hearing officer may be an employee of the ARB, but may not be any employee who was involved with the registration at issue. In a request for a hearing of a denial of registration, after reviewing the request for a hearing and supporting documentation provided under subsection (1) above, the hearing officer shall grant the request for a hearing if he or she finds that the request raises a genuine and substantial question of law or fact.
(4) Except as provided in (3) above, the hearing officer shall schedule and hold, as soon as practicable, a hearing at a time and place determined by the hearing officer.
(5) Upon appointment, the hearing officer shall establish a hearing file. The file shall consist of the following:
(A) the determination issued by the Executive Officer which is the subject of the request for hearing;
(B) the request for hearing and the supporting documents that are submitted with it;
(C) all documents relating to and relied upon in making the determination to deny registration or to suspend or revoke registration; and
(D) correspondence and other documents material to the hearing.
(6) The hearing file shall be available for inspection by the applicant at the office of the hearing officer.
(7) An applicant may appear in person or may be represented by counsel or by any other duly-authorized representative.
(8) The ARB may be represented by staff or counsel familiar with the registration program and may present rebuttal evidence.
(9) Technical rules of evidence shall not apply to the hearing, except that relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. No action shall be overturned based solely on hearsay evidence, unless the hearsay evidence would be admissible in a court of law under a legally recognized exception to the hearsay rule.
(10) The hearing shall be recorded either electronically or by a certified shorthand reporter.
(11) If a hearing is held, the hearing officer shall render a written decision within 30 working days from the last day of hearing. The hearing officer may do any of the following:
(A) uphold the denial, suspension, or revocation action as issued;
(B) reduce a revocation to a suspension;
(C) increase a suspension to a revocation if the registration holder's conduct so warrants; and
(D) overturn a denial, suspension, or revocation in its entirety.
(12) The hearing officer shall consider the totality of the circumstances of the denial, suspension, or revocation, including but not limited to credibility of witnesses, authenticity and reliability of documents, and qualifications of experts. The hearing officer may also consider relevant past conduct of the applicant including any prior incidents involving other ARB programs.
(13) The hearing officer's writtendecision shall set forth findings of fact and conclusions of law as necessary. (continued)