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(continued)
(14)(A) Except as provided in subsection (e)(14)(B), all exemptions shall terminate on December 31, 2013, and as appropriate every ten years thereafter, unless renewed by the air district pursuant to the procedures set forth in subsections (e)(10) through (e)(12).
(B) An exemption provided in accordance with subsection (e)(5) shall terminate on December 31, 2008, and as appropriate every five years thereafter, unless renewed by the air district pursuant to the procedures set forth in subsections (e)(10) through (e)(12).
Note: Authority cited: Sections 39600, 39601, 39659 and 39666, Health and Safety Code. Reference: Sections 39020, 39044, 39650, 39655, 39656, 39657, 39658, 39659, 39660, 39662, 39665, 39666, 39669, 39701, 41700 and 41806, Health and Safety Code.
s 93114. Airborne Toxic Control Measure To Reduce Particulate Emissions from Diesel-Fueled Engines - Standards for Nonvehicular Diesel Fuel.
(a) Effective Date.
(1) No later than December 12, 2004, each air pollution control and air quality management district must:
(A) Implement and enforce the requirements of this section; or
(B) Propose its own airborne toxic control measure to reduce particulate emissions from diesel-fueled engines through standards for nonvehicular diesel fuel as provided in Health and Safety Code section 39666(d).
(b) Requirements. California nonvehicular diesel fuel is subject to all of the requirements of sections 2281 (sulfur content), 2282 (aromatic hydrocarbons content) and 2284 (lubricity) applicable to vehicular diesel fuel, and shall be treated under those sections as if it were vehicular diesel fuel; provided that these requirements do not apply to California diesel fuel offered, sold, or supplied solely for use in locomotives or marine vessels.
(c) Definitions.
(1) "California nonvehicular diesel fuel" means any diesel fuel that is not vehicular diesel fuel as defined respectively in sections 2281(b), 2282(b), or 2284(b) and that is sold or made available for use in engines in California.
(2) "Diesel fuel" means any fuel that is commonly or commercially known, sold or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons that is sold or represented as suitable for use in an internal combustion, compression-ignition engine.
(3) "Marine vessel" has the meaning set forth in section 39037.1 of the Health and Safety Code.
Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666 and 41311, Health and Safety Code. Reference: Sections 39650, 39658, 39659, 39666 and 41511, Health and Safety Code.
s 93115. Airborne Toxic Control Measure for Stationary Compression Ignition (CI) Engines.
(a) Purpose
The purpose of this airborne toxic control measure (ATCM) is to reduce diesel particulate matter (PM) and criteria pollutant emissions from stationary diesel-fueled compression ignition (CI) engines.
(b) Applicability
(1) Except as provided in subsection (c), this section applies to any person who either sells a stationary CI engine, offers a stationary CI engine for sale, leases a stationary CI engine, or purchases a stationary CI engine for use in California.
(2) Except as provided in subsection (c), this section applies to any person who owns or operates a stationary CI engine in California with a rated brake horsepower greater than 50 (>50 bhp).
(3) No later than 120 days after the approval of this section by the Office of Administrative Law, each air pollution control and air quality management district (district) shall:
(A) implement and enforce the requirements of this section; or
(B) propose its own ATCM to reduce diesel PM from stationary diesel-fueled CI engines as provided in Health and Safety Code section 39666(d).
(c) Exemptions
(1) The requirements of this section do not apply to portable CI engines or CI engines used to provide the motive power for on-road and off-road vehicles.
(2) The requirements of this section do not apply to CI engines used for the propulsion of marine vessels or auxiliary CI engines used on marine vessels.
(3) The requirements of this section do not apply to in-use stationary CI engines used in agricultural operations.
(4) The requirements specified in subsections (e)(2)(A), (e)(2)(C), and (e)(4)(A) do not apply to new stationary CI engines used in agricultural operations.
(5) The requirements specified in subsection (e)(3) do not apply to single cylinder cetane test engines used exclusively to determine the cetane number of diesel fuels in accordance with American Society for Testing and Materials (ASTM) Standard D 613-03b, "Standard Test Method for Cetane Number of Diesel Fuel Oil," as modified on June 10, 2003, which is incorporated herein by reference.
(6) The requirements specified in subsections (e)(2)(B)3. and (e)(2)(D)1. do not apply to in-use stationary diesel-fueled CI engines used in emergency standby or prime applications that, prior to January 1, 2005, were required in writing by the district to meet and comply with either minimum technology requirements or performance standards implemented by the district from the "Risk Management Guidance for the Permitting of New Stationary Diesel-Fueled Engines," October 2000, which is incorporated herein by reference.
(7) The requirements specified in subsection (e)(2)(B)3. do not apply to permitted in-use stationary emergency standby diesel-fueled CI engines that will be removed from service or replaced prior to January 1, 2009, in accordance with an approved Office of Statewide Health Planning Development (OSHPD) Compliance Plan that has been approved prior to January 1, 2009, except that this exemption does not apply to replacement engines for the engines that are removed from service under the OSHPD plan.
(8) The requirements in subsections (e)(1), (e)(2)(C), and (e)(2)(D) do not apply to any stationary diesel-fueled CI engine used solely for the training and testing of United States Department of Defense (U.S. DoD) students or personnel of any U.S. military branch in the operation, maintenance, repair and rebuilding of engines when such training engines are required to be configured and designed similarly to counterpart engines used by the U.S. DoD, U.S. Military services or North Atlantic Treaty Organization (NATO) forces in combat, combat support, combat service support, tactical or relief operations used on land or at sea.
(9) The requirements specified in subsections (e)(1) and (e)(2) do not apply to stationary diesel-fueled CI engines used solely on San Nicolas or San Clemente Islands. The Ventura County Air Pollution Control District Air Pollution Control Officer (APCO) and the South Coast Air Quality Management District APCO shall review the land use plans for the island in their jurisdiction at least once every five (5) years and withdraw this exemption if the land use plans are changed to allow use by the general public of the islands.
(10) The requirements specified in subsection (e)(2) do not apply to stationary diesel-fueled engines used solely on outer continental shelf (OCS) platforms located within 25 miles of California's seaward boundary.
(11) Exemption for Emergency Engines at Nuclear Facilities. The requirements in subsection (e)(2)(B)3. do not apply to any in-use stationary diesel-fueled CI engines for which all of the following criteria are met:
(A) the engine is an emergency standby engine;
(B) the engine is subject to the requirements of the U.S. Nuclear Regulatory Commission;
(C) the engine is used solely for the safe shutdown and maintenance of a nuclear facility when normal power service fails or is lost; and
(D) the engine undergoes maintenance and testing operations for no more than 200 hours cumulatively per calendar year.
(12) Request for Exemption for Low-Use Prime Engines Outside of School Boundaries. The district APCO may approve a Request for Exemption from the provisions of subsection (e)(2)(D)1. for any in-use stationary diesel-fueled CI engine located beyond school boundaries, provided the approval is in writing, and the writing specifies all of the following conditions to be met by the owner or operator:
(A) the engine is a prime engine;
(B) the engine is located more than 500 feet from a school at all times;
(C) the engine operates no more than 20 hours cumulatively per year. The district APCO may use a different number of hours for applying this exemption if the diesel-fueled CI engine is used solely to start a combustion gas turbine engine, provided the number of hours used for this exemption is justified by the district, on a case-by-case basis, with consideration of factors including, at a minimum, the operational requirements of a facility using a combustion gas turbine engine and the impacts of the emissions from the engine at any receptor location.
(13) The requirements in subsections (e)(2)(B)3. and (e)(2)(D)1. do not apply to in-use dual-fueled diesel pilot CI engines that use an alternative fuel or an alternative diesel fuel.
(14) The requirements in subsection (e)(1), (e)(2)(A)3., (e)(2)(B)3., (e)(2)(C)1., and (e)(2)(D)1. do not apply to dual-fueled diesel pilot CI engines that use diesel fuel and digester gas or landfill gas.
(15) The requirements in subsections (e)(2)(B)3. and (e)(2)(D)1. do not apply to in-use stationary diesel-fueled CI engines that have selective catalytic reduction systems.
(16) The requirements of subsection (e)(2)(B)3. do not apply to in-use emergency fire pump assemblies that are driven directly by stationary diesel-fueled CI engines and only operated the number of hours necessary to comply with the testing requirements of National Fire Protection Association (NFPA) 25 - "Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems," 1998 edition, which is incorporated herein by reference.
(17) The requirements of subsection (e)(1), (e)(2)(A)3., (e)(2)(B)3., (e)(2)(C), and (e)(2)(D) do not apply to any stationary diesel-fueled CI engine used to power equipment that is owned by the National Aeronautics and Space Administration (NASA) and used solely at manned-space flight facilities including launch, tracking, and landing sites, provided the District APCO approves this exemption in writing. This exemption only applies to diesel engines that power equipment which is maintained in the same configuration as similar equipment at all manned space flight facilities.
(18) Request for Delay in Implementation for Remotely Located In-Use Prime Engines. Prior to January 1, 2011, the district APCO may approve a Request for Delay in Implementation from the provisions of (e)(2)(D)1. until January 1, 2011, for any in-use stationary diesel-fueled CI engine, provided the approval is in writing, and the writing specifies all the following conditions to be met by the owner or operator:
(A) the engine is a prime engine, and
(B) the engine is located more than one mile from any receptor location, and
(C) the impacts of the emissions from the engine at any receptor location result in:
1. a prioritization score of less than 1.0; and
2. a maximum cancer risk of less than 1 in a million; and
3. a maximum Hazard Index Value of less than 0.1.
(19) Request for Delay in Implementation of Fuel Requirements. Prior to January 1, 2006, the district may approve a Request for Delay in implementation from the provisions of (e)(1) until a date as determined by the district, for any new or in-use stationary diesel-fueled CI engine, provided the approval is in writing, and the writing specifies the following information:
1. the engine is a new stationary CI engine or an in-use stationary diesel-fueled CI engine, and
2. the engine's fuel consumption rate, and
3. the identification of the fuel in the fuel tank at the time of approval, and
4. the specification of the fuel in the fuel tank at the time of approval; and
5. the amount of fuel in the fuel tank at the time of approval; and
6. the anticipated number of hours per year the engine is planned to be operated; and
7. the date when compliance with the fuel use requirements specified in subsection (e)(1) is required.
(20) The operational restrictions in subsections (e)(2)(A)1. and (e)(2)(B)2. for engines located at or near school grounds do not apply to engines located at or near school grounds that also serve as the students' place of residence, e.g. boarding schools.
(d) Definitions
For purposes of this section, the following definitions apply:
(1) "Agricultural Operations" means the growing and harvesting of crops or the raising of fowl or animals for the primary purpose of making a profit, providing a livelihood, or conducting agricultural research or instruction by an educational institution. Agricultural operations do not include activities involving the processing or distribution of crops or fowl.
(2) "Air Pollution Control Officer (APCO)" means the Executive Officer or director of a district, or his or her designated representative.
(3) "Alternative Fuel" means natural gas, propane, ethanol, or methanol.
(4) "Alternative Diesel Fuel" means any fuel used in a CI engine that is not commonly or commercially known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM D975-81, "Standard Specification for Diesel Fuel Oils," as modified in May 1982, which is incorporated herein by reference, or an alternative fuel, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g., recalibration of the engine fuel control) may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel; Fischer-Tropsch fuels; emulsions of water in diesel fuel; and fuels with a fuel additive, unless:
(A) the additive is supplied to the engine fuel by an on-board dosing mechanism, or
(B) the additive is directly mixed into the base fuel inside the fuel tank of the engine, or
(C) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine.
(5) "Approach Light System with Sequenced Flasher Lights in Category 1 and Category 2 Configurations (ALSF-1 and ALSF-2)" means high intensity approach lighting systems with sequenced flashers used at airports to illuminate specified runways during category II or III weather conditions, where category II means a decision height of 100 feet and runway visual range of 1,200 feet, and category III means no decision height or decision height below 100 feet and runway visual range of 700 feet.
(6) "Baseline" or "Baseline Emissions" means the emissions level of a diesel-fueled engine using CARB diesel fuel as configured upon initial installation or by January 1, 2003, whichever is later.
(7) "California Air Resources Board (CARB) Diesel Fuel" means any diesel fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM D975- 81, "Standard Specification for Diesel Fuel Oils," as modified in May 1982, which is incorporated herein by reference, and that meets the specifications defined in title 13 CCR, sections 2281, 2282, and 2284.
(8) "Cancer Risk" means the characterization of the probability of developing cancer from exposure to environmental chemical hazards, in accordance with the methodologies specified in "The Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments," Office of Environmental Health Hazard Assessment, August 2003, which is incorporated herein by reference.
(9) "Carbon Monoxide (CO)" is a colorless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels.
(10) "Combustion Gas Turbine Engine" means an internal combustion gas or liquid-fueled device consisting of compressor, combustor, and power turbine used to power an electrical generator.
(11) "Compression Ignition (CI) Engine" means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition engine.
(12) "Control Area" means any electrical region in California that regulates its power generation in order to balance electrical loads and maintain planned interchange schedules with other control areas.
(13) "Cumulatively" means the aggregation of hours or days of engine use, and any portion of an hour or day of engine use, toward a specified time limit(s).
(13.5.) "Date of Acquisition or Submittal" means
(A) For each District-approved permit or district registration for stationary sources, the date the application for the district permit or the application for engine registration was submitted to the District. Alternatively, upon District approval, the date of purchase as defined by the date shown on the front of the cashed check, the date of the financial transaction, or the date on the engine purchasing agreement, whichever is earliest.
(B) For an engine subject to neither a district permit program nor a district registration program for stationary sources, the date of purchase as defined by the date shown on the front of the cashed check, the date of the financial transaction, or the date on the engine purchasing agreement, whichever is earliest.
(14) "Demand Response Program (DRP)" means a program for reducing electrical demand using an Interruptible Service Contract (ISC) or Rolling Blackout Reduction Program (RBRP).
(15) "Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, including any mixture of primarily liquid hydrocarbons - organic compounds consisting exclusively of the elements carbon and hydrogen - that is sold or represented by the supplier as suitable for use in an internal combustion, compression-ignition engine.
(16) "Diesel-Fueled" means fueled by diesel fuel, CARB diesel fuel, or jet fuel, in whole or part.
(17) "Diesel Particulate Filter (DPF)" means an emission control technology that reduces PM emissions by trapping the particles in a flow filter substrate and periodically removes the collected particles by either physical action or by oxidizing (burning off) the particles in a process called regeneration.
(18) "Diesel Particulate Matter (PM)" means the particles found in the exhaust of diesel-fueled CI engines as determined in accordance with the test methods identified in subsection (i).
(19) "Digester Gas" is any gas derived from anaerobic decomposition of organic matter.
(19.5) "Direct-Drive Emergency Standby Fire Pump Engines" means engines directly coupled to pumps exclusively used in water-based fire protection systems.
(20) "District" has the same meaning as defined in the California Health and Safety Code, Section 39025.
(21) "DRP Engine" means an engine that is enrolled in a DRP.
(22) "Dual-fuel Diesel Pilot Engine" means a dual-fueled engine that uses diesel fuel as a pilot ignition source at an annual average ratio of less than 5 parts diesel fuel to 100 parts total fuel on an energy equivalent basis.
(23) "Dual-fuel Engine" means any CI engine that is engineered and designed to operate on a combination of alternative fuels, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG) and diesel fuel or an alternative diesel fuel. These engines have two separate fuel systems, which inject both fuels simultaneously into the engine combustion chamber.
(24) "Emergency Standby Engine" means a stationary engine that meets the criteria specified in (A) and (B) and any combination of (C) or (D) or (E) below:
(A) is installed for the primary purpose of providing electrical power or mechanical work during an emergency use and is not the source of primary power at the facility; and
(B) is operated to provide electrical power or mechanical work during an emergency use; and
(C) is operated under limited circumstances for maintenance and testing, emissions testing, or initial start-up testing, as specified in subsections (e)(2)(A), (e)(2)(B), and (e)(2)(F); or
(D) is operated under limited circumstances in response to an impending outage, as specified in subsections (e)(2)(A), (e)(2)(B), and (e)(2)(F); or
(E) is operated under limited circumstances under a DRP as specified in subsection (e)(2)(F).
(25) "Emergency Use" means providing electrical power or mechanical work during any of the following events and subject to the following conditions:
(A) the failure or loss of all or part of normal electrical power service or normal natural gas supply to the facility:
1. which is caused by any reason other than the enforcement of a contractual obligation the owner or operator has with a third party or any other party; and
2. which is demonstrated by the owner or operator to the district APCO's satisfaction to have been beyond the reasonable control of the owner or operator;
(B) the failure of a facility's internal power distribution system:
1. which is caused by any reason other than the enforcement of a contractual obligation the owner or operator has with a third party or any other party; and
2. which is demonstrated by the owner or operator to the district APCO's satisfaction to have been beyond the reasonable control of the owner or operator;
(C) the pumping of water or sewage to prevent or mitigate a flood or sewage overflow;
(D) the pumping of water for fire suppression or protection;
(E) the powering of ALSF-1 and ALSF-2 airport runway lights under category II or III weather conditions;
(F) the pumping of water to maintain pressure in the water distribution system for the following reasons:
1. a pipe break that substantially reduces water pressure; or
2. high demand on the water supply system due to high use of water for fire suppression; or
3. the breakdown of electric-powered pumping equipment at sewage treatment facilities or water delivery facilities.
(G) the initial launch tracking of United States Department of Defense flight hardware (in parallel with grid power) where the loss of normal power would cause damage to or loss of government facilities and/or flight hardware.
(26) "Emission Control Strategy" means any device, system, or strategy employed with a diesel-fueled CI engine that is intended to reduce emissions including, but not limited to, particulate filters, diesel oxidation catalysts, selective catalytic reduction systems, fuel additives used in combination with particulate filters, alternative diesel fuels, and any combination of the above.
(27) "End User" means any person who purchases or leases a stationary diesel-fueled engine for operation in California. Persons purchasing engines for resale are not considered "end users."
(28) "Enrolled" means either of the following, whichever applies:
(A) the ISC is in effect during the specified time period for an engine in an ISC; or
(B) the date the engine is entered into the RBRP.
(29) "Executive Officer" means the executive officer of the Air Resources Board, or his or her designated representative.
(30) "Facility" means one or more contiguous properties, in actual physical contact or separated solely by a public roadway or other public right-of-way, under common ownership on which engines operate.
(31) "Fuel Additive" means any substance designed to be added to fuel or fuel systems or other engine-related engine systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance of the engine; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance of the engine.
(32) "Generator Set" means a CI engine coupled to a generator that is used as a source of electricity.
(33) "Hazard Index" means the sum of individual acute or chronic hazard quotients for each substance affecting a particular toxicological endpoint, as determined in accordance with the requirements of "The Air Toxics Hot Spots Program Guidance Manual for Preparation of Health Risk Assessments," Office of Environmental Health Hazard Assessment, August 2003, which is incorporated herein by reference.
(34) "HC" means the sum of all hydrocarbon air pollutants.
(34.5) "Health Facility" has the same meaning as defined in Section 1250 of the California Health and Safety Code.
(35) "In-Use" means a CI engine that is not a "new" CI engine.
(36) "Initial Start-up Testing" means operating the engine or supported equipment to ensure their proper performance either:
(A) for the first time after installation of a stationary diesel-fueled CI engine at a facility, or
(B) for the first time after installation of emission control equipment on an in-use stationary diesel-fueled CI engine.
(37) "Interruptible Service Contract (ISC)" means a contractual arrangement in which a utility distribution company provides lower energy costs to a nonresidential electrical customer in exchange for the ability to reduce or interrupt the customer's electrical service during a Stage 2 or Stage 3 alert, or during a transmission emergency.
(38) "Jet Fuel" means fuel meeting any of the following specifications:
(A) ASTM D 1655-02, "Standard Specification for Aviation Turbine Fuels," which is incorporated herein by reference. Jet fuels meeting this specification include Jet A, Jet A-1, and Jet B;
(B) Military Detail (MIL-DTL) 5624T, "Turbine Fuels, Aviation, Grades Jet Propellant (JP) JP-4, JP-5, and JP-5/JP8 ST," dated September 18, 1998, which is incorporated herein by reference; and
(C) Military Test (MIL-T) 83133E, "Turbine Fuels, Aviation, Kerosene Types, North Atlantic Treaty Organization (NATO) F-34 (JP-8), NATO F-35, and JP-8+100," dated April 1, 1999, which is incorporated herein by reference.
(39) "Landfill Gas" means any gas derived through any biological process from the decomposition of waste buried within a waste disposal site.
(40) "Location" means any single site at a facility.
(41) "Maintenance and Testing" means operating an emergency standby CI engine to:
(A) evaluate the ability of the engine or its supported equipment to perform during an emergency. "Supported Equipment" includes, but is not limited to, generators, pumps, transformers, switchgear, and breakers; or
(B) facilitate the training of personnel on emergency activities; or
(C) provide electric power for the facility when the utility distribution company takes its power distribution equipment offline to service that equipment for any reason that does not qualify as an emergency use.
(42) "Maximum Rated Power" means the maximum brake kilowatt output of an engine as determined from any of the following, whichever is the greatest: (A) the manufacturer's sales and service literature, (B) the nameplate of the unit , or (C) if applicable, as shown in the application for certification of the engine.
(43) "Model Year" means the stationary CI engine manufacturer's annual production period, which includes January 1st of a calendar year, or if the manufacturer has no annual production period, the calendar year.
(44) "New" or "New CI Engine" means the following:
(A) a stationary CI engine installed at a facility after January 1, 2005, including an engine relocated from an off-site location after January 1, 2005, except the following shall be deemed in-use engines:
1. a replacement stationary CI engine that is installed to temporarily replace an in-use engine while the in-use engine is undergoing maintenance and testing, provided the replacement engine emits no more than the in-use engine, and the replacement engine is not used more than 180 days cumulatively in any 12-month rolling period;
2. an engine for which a district-approved application for a district permit or engine registration for stationary sources was submitted to the District prior to January 1, 2005, even though the engine was installed after January 1, 2005;
3. an engine that is one of four or more engines owned by an owner or operator and is relocated prior to January 1, 2008, to an offsite location that is owned by the same owner or operator;
4. an engine installed prior to or on January 1, 2005, in a facility used in agricultural operations that is owned by an owner or operator, which is subsequently relocated to an offsite location that is owned by the same owner or operator.
5. an engine installed at a facility prior to January 1, 2005 and relocated within the same facility after January 1, 2005.
6. a model year 2004 or 2005 engine purchased prior to January 1, 2005, for use in California. The date of purchase is defined by the date shown on the front of the cashed check, the date of the financial transaction, or the date on the engine purchasing agreement, whichever is earliest.
(B) a stationary CI engine that has been reconstructed after January 1, 2005, shall be deemed a new engine unless the sum of the costs of all individual reconstructions of that engine after January 1, 2005, is less than 50% of the lowest-available purchase price, determined at the time of the most recent reconstruction, of a complete, comparably-equipped new engine (within +10% of the reconstructed engine's brake horsepower rating).
For purposes of this definition, the cost of reconstruction and the cost of a comparable new engine shall not include the cost of equipment and devices required to meet the requirements of this ATCM.
(45) "Nitrogen Oxides (NOx)" means compounds of nitric oxide (NO), nitrogen dioxide (NO 2), and other oxides of nitrogen, which are typically created during combustion processes and are major contributors to smog formation and acid deposition.
(46) "Non-Methane Hydrocarbons (NMHC)" means the sum of all hydrocarbon air pollutants except methane.
(47) 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.).
(48) "Owner or Operator" means any person subject to the requirements of this section, including but not limited to:
(A) an individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation including but not limited to, a government corporation; and
(B) any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law.
(49) "Particulate Matter (PM)" means the particles found in the exhaust of CI engines, which may agglomerate and adsorb other species to form structures of complex physical and chemical properties.
(50) "Portable CI Engine" means a compression ignition (CI) engine designed and capable of being carried or moved from one location to another, except as provided in subsection (d)(63). Indicators of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. The provisions of this definition notwithstanding, an engine with indicators of portability that remains at the same facility location for more than 12 consecutive rolling months or 365 rolling days, whichever occurs first, not including time spent in a storage facility, shall be deemed a stationary engine.
(51) "Prime CI Engine" means a stationary CI engine that is not an emergency standby CI engine.
(52) "Prioritization Score" means the numeric value used to rank facilities in order of their potential to pose significant risk to human receptors. Prioritization scores are calculated per the process described in the "CAPCOA Air Toxics 'Hot Spots' Program Facility Prioritization Guidelines," California Air Pollution Control Officer's Association (CAPCOA), July 1990, which is incorporated herein by reference.
(53) "Rated Brake Horsepower (bhp)" means:
(A) for in-use engines, the maximum brake horsepower output of an engine as determined from any of the following, whichever reflects the engine's configuration as of January 1, 2005:
1. the manufacturer's sales and service literature;
2. the nameplate of the engine; or
3. if applicable, as shown in the application for certification of the engine;
(B) for new engines, the maximum brake horsepower output of an engine as determined from any of the following, whichever reflects the engine's configuration upon the engine's initial installation at the facility:
1. the manufacturer's sales and service literature;
2. the nameplate of the engine; or
3. if applicable, as shown in the application for certification of the engine.
(54) "Receptor location" means any location outside the boundaries of a facility where a person may experience exposure to diesel exhaust due to the operation of a stationary diesel-fueled CI engine. Receptor locations include, but are not limited to, residences, businesses, hospitals, daycare centers, and schools.
(55) "Reconstruction" means the rebuilding of the engine or the replacement of engine parts, including pollution control devices, but excluding operating fluids; lubricants; and other consumables such as air filters, fuel filters, and glow plugs that are subject to regular replacement.
(56) "Rolling Blackout Reduction Program (RBRP)" means a contractual arrangement, implemented by the San Diego Gas and Electric Company (SDGE) in San Diego County, in which SDGE pays a nonresidential electrical customer $0.20 per kW-hr of reduced demand in exchange for the customer using its diesel-fueled engines to reduce its electrical demand upon request by SDGE by 15% or more, with a minimum of 100 kW reduction, during either a Stage 3 alert or a transmission emergency.
(57) "Rotating Outage" means a controlled, involuntary curtailment of electrical power service to consumers as ordered by the Utility Distribution Company.
(58) "School" or "School Grounds" means any public or private school used for purposes of the education of more than 12 children in kindergarten or any of grades 1 to 12, inclusive, but does not include any private school in which education is primarily conducted in a private home(s). "School" or "School Grounds" includes any building or structure, playground, athletic field, or other areas of school property but does not include unimproved school property.
(59) "Selective Catalytic Reduction (SCR) System" means an emission control system that reduces NOx emissions through the catalytic reduction of NOx in diesel exhaust by injecting nitrogen-containing compounds into the exhaust stream, such as ammonia or urea.
(60) "Seller" means any person who sells, leases, or offers for sale any stationary diesel-fueled engine directly to end users.
(61) "Stage 2 Alert" means an official forecast or declaration by the California Independent System Operator that the operating reserves of electrical power will fall or have fallen below 5 percent.
(62) "Stage 3 Alert" means an official forecast or declaration by the California Independent System Operator that the operating reserves of electrical power will fall or have fallen below 1.5 percent.
(63) "Stationary CI Engine" means a CI engine that is designed to stay in one location, or remains in one location. A CI engine is stationary if any of the following are true:
(A) the engine or its replacement is attached to a foundation, or if not so attached, resides at the same location for more than 12 consecutive months. Any engine such as backup or standby engines, that replaces an engine at a location and is intended to perform the same or similar function as the engine(s) being replaced, shall be included in calculating the consecutive time period. The cumulative time of all engine(s), including the time between the removal of the original engine(s) and installation of the replacement engine(s), will be counted toward the consecutive time period; or
(B) the engine remains or will reside at a location for less than 12 consecutive months if the engine is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or
(C) the engine is moved from one location to another in an attempt to circumvent the 12 month residence time requirement. The period during which the engine is maintained at a storage facility shall be excluded from the residency time determination.
(64) "Stationary Source" means any building, structure, facility, or installation that emits any pollutant directly or as fugitive emissions. Building, structure, facility, or installation include all pollutant emitting activities which:
(A) are under the same ownership or operation, or which are owned or operated by entities which are under common control; and
(B) belong to the same industrial grouping either by virtue of falling within the same two-digit standard industrial code or by virtue of being part of a common industrial process, manufacturing process, or connected process involving a common raw material; and
(C) are located on one or more contiguous or adjacent properties.
(65) "Transmission Constrained Area" means the specific location that is subject to localized operating reserve deficiencies due to the failure of the normal electrical power distribution system.
(66) "Transmission Emergency" means an official forecast or declaration by the California Independent System Operator that the available electrical power transmission capacity to a transmission constrained area is insufficient and may result in an uncontrolled local grid collapse in the transmission constrained area.
(67) "Utility Distribution Company" means one of several organizations that control energy transmission and distribution in California. Utility Distribution Companies include, but are not limited to, the Pacific Gas and Electric Company, the San Diego Gas and Electric Company, Southern California Edison, Los Angeles Department of Water and Power, the Imperial Irrigation District, and the Sacramento Municipal Utility District.
(68) "Verification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (Verification Procedure)" means the ARB regulatory procedure codified in title 13, CCR, sections 2700-2710, which is incorporated herein by reference, that engine manufacturers, sellers, owners, or operators may use to verify the reductions of diesel PM or NOx from in-use diesel engines using a particular emission control strategy.
(69) "Verified Diesel Emission Control Strategy" means an emission control strategy, designed primarily for the reduction of diesel PM emissions, which has been verified pursuant to the Verification Procedure.
(e) Requirements
(1) Fuel and Fuel Additive Requirements for New and In-Use Stationary CI Engines That Have a Rated Brake Horsepower of Greater than 50 (>50 bhp)
(A) As of January 1, 2006, except as provided for in subsection (c), no owner or operator of a new stationary CI engine or an in-use prime stationary diesel-fueled CI engine shall fuel the engine with any fuel unless the fuel is one of the following:
1. CARB Diesel Fuel, or
2. an alternative diesel fuel that meets the requirements of the Verification Procedure, or
3. an alternative fuel, or
4. CARB Diesel Fuel used with fuel additives that meets the requirements of the Verification Procedure, or
5. any combination of (e)(1)(A)1. through (e)(1)(A)4. above.
(B) As of January 1, 2006, except as provided for in subsection (c), no owner or operator of an in-use emergency standby stationary diesel-fueled CI engine shall add to the engine or any fuel tank directly attached to the engine any fuel unless the fuel is one of the following:
1. CARB Diesel Fuel, or
2. an alternative diesel fuel that meets the requirements of the Verification Procedure, or
3. an alternative fuel, or
4. CARB Diesel Fuel used with fuel additives that meets the requirements of the Verification Procedure, or
5. any combination of (e)(1)(B)1. through (e)(1)((B)4. above.
(2) Operating Requirements and Emission Standards for New and In-Use Stationary Diesel-Fueled CI Engines That Have a Rated Brake Horsepower of Greater than 50 (>50 bhp).
(A) New Emergency Standby Diesel-Fueled CI Engine (>50 bhp) Operating Requirements and Emission Standards
1. At-School and Near-School Provisions. No owner or operator shall operate a new stationary emergency standby diesel-fueled CI engine for non-emergency use, including maintenance and testing, during the following periods:
a. whenever there is a school sponsored activity, if the engine is located on school grounds, and
b. between 7:30 a.m. and 3:30 p.m. on days when school is in session, if the engine is located within 500 feet of school grounds. Subsection (e)(2)(A)1. does not apply if the engine emits no more than 0.01 g/bhp-hr of diesel PM.
2. No owner or operator shall operate any new stationary emergency standby diesel-fueled CI engine (>50 bhp) in response to the notification of an impending rotating outage, unless all the following criteria are met:
a. the engine's permit to operate allows operation of the engine in anticipation of a rotating outage, or the District has established a policy or program that authorizes operation of the engine in anticipation of a rotating outage; and
b. the Utility Distribution Company has ordered rotating outages in the control area where the engine is located, or has indicated it expects to issue such an order at a specified time; and
c. the engine is located in a specific location that is subject to the rotating outage; and
d. the engine is operated no more than 30 minutes prior to the time when the Utility Distribution Company officially forecasts a rotating outage in the control area; and
e. the engine operation is terminated immediately after the Utility Distribution Company advises that a rotating outage is no longer imminent or in effect.
3. New Engines: As of January 1, 2005, except as provided in subsection (c), no person shall sell, offer for sale, purchase, or lease for use in California any new stationary emergency standby diesel-fueled CI engine that has a rated brake horsepower greater than 50 unless it meets the following applicable emission standards, and no person shall operate any new stationary emergency standby diesel-fueled CI engine that has a rated brake horsepower greater than 50, unless it meets all of the following applicable operating requirements and emission standards specified in (e)(2)(A)3. (which are summarized in Table 1):
a. Diesel PM Standard and Hours of Operating Requirements
I. General Requirements: New stationary emergency standby diesel-fueled engines (>50 bhp) shall:
i. emit diesel PM at a rate less than or equal to 0. 15 g/bhp-hr; or
ii. meet the diesel PM standard, as specified in the Off-Road Compression Ignition Engine Standards for off-road engines with the same maximum rated power (title 13 CCR, section 2423), in effect on the date of acquisition or submittal, as defined in subsection (d), whichever is more stringent; and
iii. not operate more than 50 hours per year for maintenance and testing purposes, except as provided in (e)(2)(A)3.a.II. This subsection does not limit engine operation for emergency use and for emission testing to show compliance with (e)(2)(A)3.
II. The District may allow a new emergency standby diesel-fueled CI engine (> 50 hp) to operate up to 100 hours per year for maintenance and testing purposes on a site-specific basis, provided the diesel PM emission rate is less than or equal to 0.01 g/bhp-hr.
Table 1. Summary of the Emission Standards and Operating Requirements for New
Stationary Emergency Standby Diesel-Fueled CI Engines > 50 BHP (See Subsection
(e)(2)(A)3.)
Diesel PM Other Pollutants
____________________ Maximum Allowable
Annual Hours
of Operation for
Engines
Meeting Diesel PM
Standards
Diesel PM HC, NOx, NMHC+NOx, and
Standards Non-Emergency Use CO Standards
(g/bhp-hr)
(g/bhp-hr) Emergency Emission Maintenance & Testing
Testing
Use to show compliance (hours/year)
____________________
< or = Not Limited Not Limited by 50 Off-Road CI Engine
0.15 by Certification
Standards
ATCM
< or Not Limited Not Limited by 51 to 100 and horsepower rating,
=0.01 by or Tier 1 standards
for
ATCM ATCM (Upon an off-road engine of
approval the same maximum
rated
by the power.
District)
__________
1. Or off-road certification standard (title 13 CCR section 2423) for an off-road engine with the same maximum rated power, whichever is more stringent
2. Emission testing limited to testing to show compliance with subsections (e)(2)(A)3.
3. May be subject to emission or operational restrictions as defined in current applicable district rules, regulations, or policies.
4. The option to comply with the Tier 1 standards is available only if no off-road engine certification standards have been established for an off-road engine of the same model year and maximum rated power as the new stationary emergency standby diesel-fueled CI engine.
b. HC, NOx, NMHC + NOx, and CO standards: New stationary emergency standby diesel-fueled CI engines (> 50 bhp) must meet the standards for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no standards have been established for an off-road engine of the same model year and maximum rated power as the new stationary emergency standby diesel-fueled CI engine, then the new stationary emergency standby diesel-fueled CI engine shall meet the Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power, irrespective of the new stationary emergency standby diesel-fueled CI engine's model year.
c. The District:
I. may establish more stringent diesel PM, NMHC+NOx, HC, NOx, and CO emission rate standards; and
II. may establish more stringent limits on hours of maintenance and testing on a site-specific basis; and
III. shall determine an appropriate limit on the number of hours of operation for demonstrating compliance with other District rules and initial start-up testing.
4. New Direct-Drive Emergency Standby Fire Pump Engines: Except as provided in subsection (c), no person shall sell, offer for sale, purchase, or lease for use in California any new direct-drive emergency standby diesel-fueled fire-pump engine that has a rated brake horsepower greater than 50 unless it meets either the emission standards of subsection (e)(2)(A)3. or the emission standards defined in subsection (e)(2)(A)4., and no person shall operate any new stationary emergency standby diesel-fueled CI engine that has a rated brake horsepower greater than 50, unless it meets all of the applicable operating requirements and emission standards specified in either (e)(2)(A)3. or (e)(2)(A)4.
a. Standards and Hours of Operating Requirements
II. General Requirements: New direct-drive emergency standby diesel-fueled fire-pump engines (>50 bhp) shall, upon District approval of installation:
i. meet the Tier 2 emission standards specified in the Off-Road Compression Ignition Engine Standards for off-road engines with the same maximum rated power (title 13 CCR, section 2423) until 3 years after the date the Tier 3 standards are applicable for off-road engines with the same maximum rated power. At that time, new direct-drive emergency standby diesel-fueled fire-pump engines (>50 bhp) are required to meet the Tier 3 emission standards, until 3 years after the date the Tier 4 standards are applicable for off-road engines with the same maximum rated power. At that time, new direct-drive emergency standby diesel-fueled fire-pump engines (>50 bhp) are required to meet the Tier 4 emission standards; and
ii. not operate more than the number of hours necessary to comply with the testing requirements of the National Fire Protection Association (NFPA) 25 - "Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems," 1998 edition, which is incorporated herein by reference. This subsection does not limit engine operation for emergency use and for emission testing to show compliance with (e)(2)(A)4.
b. The District:
I. may establish more stringent diesel PM, NMHC+NOx, HC, NOx and CO emission rate standards; and
II. may establish more stringent limits on hours of maintenance and testing on a site-specific basis; and
III. shall determine an appropriate limit on the number of hours of operation for demonstrating compliance with other District rules and initial start-up testing.
(B) In-Use Emergency Standby Diesel-Fueled CI Engine (> 50 bhp) Operating Requirements and Emission Standards
1. No owner or operator shall operate any in-use stationary emergency standby diesel-fueled CI engine in response to the notification of an impending rotating outage unless all the following criteria are met:
a. the engine's permit to operate allows operation of the engine in anticipation of a rotating outage, or the District has established a policy or program that authorizes operation of the engine in anticipation of a rotating outage; and (continued)