1. (a) The emissions from engines or equipment units registered under this article shall not, in the aggregate, interfere with the attainment or maintenance of any California or federal ambient air quality standard. The emissions from one or more registered engines or equipment units, exclusive of background concentration, shall not cause an exceedance of any ambient air quality standard. This paragraph shall not be construed as requiring operators of registered engines or equipment units to provide emission offsets for engines or equipment units registered under this article.

   1. (1) For onshore projects as defined in section 2452(ff) of this article that operate in districts designated as extreme non-attainment for ozone, the person responsible for the project must notify the district in writing if the total maximum rated horsepower of registered engines located simultaneously on the project site exceeds 2,500 bhp. For projects that exceed 2,500 bhp at startup, the notification must be done at least 14 days prior to commencing operations, except for projects providing relief to an emergency as defined in title 17, Cal. Code Regs., section 93116.2(a)(12) for which the notification must be done within 72 hours of commencing operations. For projects that exceed 2,500 bhp after startup, the notification must be done within 72 hours of the exceedance. The notification shall include all of the following:

      1. (A) the registration number of each registered engine;
      2. (B) the name and phone number of the contact person with information concerning the locations where the engines will be operated;
      3. (C) estimated time the registered engines will be operating on the project;
      4. (D) the Final CEQA Document and Notice of Determination and, if requested, supporting information.

   2. (2) Notification as specified in subdivision (a)(1) above shall not be required for the following:

      1. (A) projects that exclusively use Tier 4 interim engines and/or Tier 4 final engines; and
      2. (B) projects operating in remote locations.
   3. (3) For projects subject to subdivision (a)(1) above, the district may perform an ambient air quality impact analysis (AQIA). The owner of engine(s) registered in the statewide registration program shall be required, at the request of the district, to submit any information deemed by the district to be necessary for performing the AQIA. Except for Tier 4 final engines, statewide registration shall not be valid at any location where the AQIA demonstrates that the operation of the registered engines will cause a violation of an ambient air quality standard.
2. (b) 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.
3. (c) Except for engines or equipment units permitted or registered by a district in which an emergency event occurs, a certified compression-ignition engine, certified spark-ignition engine, or equipment unit operated during an emergency event as defined in section 2452 (j) of this article, is considered registered under the requirements of this article for the duration of an emergency event that lasts no longer than 12 months, 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 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 shall be deemed a violation of this article.

4. (d) For the purposes of registration under this article, the owner or operator of a registered equipment unit must notify the U.S. EPA and comply with 40 CFR 52.21 if:

   1. (1) the registered equipment unit operates at a major stationary source under 40 CFR 51.166 or 52.21, and

      1. (A) the major stationary source is located within 10 kilometers of a Class I area; or
      2. (B) the registered equipment unit, operating in conjunction with other registered equipment units, operates at the major 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. (2) the registered equipment unit, operating in conjunction with other registered 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.

History

1. New section filed 9-17-97; operative 9-17-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 38).

2. Amendment filed 12-1-99; operative 12-1-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 49).

3. Amendment of subsection (c) and Note filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).

4. Change without regulatory effect amending subsection (c) filed 10-27-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 43).

5. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).

6. Amendment of subsections (a) and (c) filed 4-26-2007 as an emergency; operative 4-27-2007 (Register 2007, No. 17). A Certificate of Compliance must be transmitted to OAL by 10-23-2007 or emergency language will be repealed by operation of law on the following day.

7. Certificate of Compliance as to 4-26-2007 order transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).

8. Editorial correction adding inadvertently omitted subsection (d) (Register 2007, No. 51).

9. Amendment of subsection (c) filed 12-3-2009; operative 1-2-2010 (Register 2009, No. 49).

10. New subsections (a)(1)-(3) and amendment of subsection (c) filed 9-24-2018; operative 11-30-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).