Cal. Code Regs. tit. 17, § 93116.3 – Requirements.

(a) Diesel-fueled portable engines must only use one of the following fuels:
1. (1) CARB diesel fuel; or
2. (2) alternative diesel fuel that has been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines; or
3. (3) CARB diesel fuel utilizing fuel additives that have been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines.
  [Note that credit for diesel PM reductions for diesel fuel or CARB diesel fuel blends that use an alternative diesel fuel such as biodiesel, Fischer-Tropsch fuels, or emulsions of water in diesel fuel is available only for fuel blends that have been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines. The credit granted is based upon the verified level approved by the Executive Officer within the Executive Order for the fuel blend.]
(b) Diesel PM Standards
1. (1) Starting January 1, 2010, all portable diesel-fueled engines must be certified to meet a federal or California standard for newly manufactured engines pursuant to 40 CFR Part 89, Part 86, or the equivalent categories in Title 13 of the California Code of Regulations.
2. (2) Portable diesel-fueled engines that have not been permitted or registered prior to November 30, 2018, shall not be permitted or registered unless they are certified to the most stringent standard contained in the federal or California emission standards for nonroad engines, with the following exceptions:
  1. (A) Engines meeting the definition of portable that have never been permitted or registered may be permitted or registered by a district or registered in the Statewide Portable Equipment Registration Program if they are certified to the on-road emission standards pursuant to 40 CFR Part 86, or the equivalent category in title 13, Cal. Code Regs.;
  2. (B) Flexibility engines rated between 50 and 750 bhp that are manufactured to meet Tier 3 or Tier 4 interim emission standards;
  3. (C) Flexibility engines rated over 750 bhp that are manufactured to meet Tier 2 or Tier 4 interim emission standards;
  4. (D) Certified engines that lost permit exemption due to a change in district rules; or
  5. (E) A district may issue a permit or registration for an engine not meeting the most stringent of the federal or California emission standard for nonroad engines if:
    1. 1. The engine is certified to meet an emission standard set pursuant to 40 CFR Part 89, Part 1039 or set forth in the equivalent categories of title 13 , Cal. Code Regs.; and
    2. 2. For Tier 1, Tier 2, and Tier 3 engines only, the engine shall have operated in California at any time prior to January 1, 2017. The responsible official shall provide documentation to prove the engine's operation to the satisfaction of the Air Pollution Control Officer.
3. (3) A fleet shall not newly designate an engine to be low-use or emergency-use after the dates listed in the schedule below. The schedule applies to flexibility engines according to the tier level to which the engine was built.
  Engine Certification
  Engines rated 50 to 750 bhp
  Engines rated >750 bhp
  Large Fleet
  Small Fleet
  Tier 1
  7/1/2019
  7/1/2019
  7/1/2021
  Tier 2 built prior to 1/1/2009
  7/1/2021
  7/1/2022
  7/1/2024
  Tier 2 built on or after 1/1/2009
  NA
  NA
  7/1/2026
(c) Fleet Requirements
1. (1) Except as provided in section 93116.3(c)(2), engines may not operate in California on or after the dates listed in the following schedule:
  1. (B) Fleets complying with the schedule listed above must include all portable diesel-fueled engines operated in California, including engines registered with the Statewide Portable Equipment Registration Program or permitted by or registered with a district.
  2. (C) For portable engines that are certified to the emission standards in 40 CFR part 86 or the equivalent categories in title 13, Cal. Code Regs., engines built to model year 2006 standards or older must comply with the schedule listed above for Tier 3 engines.
  (A)
  Engine Certification
  Engines rated 50 to 750 bhp
  Engines rated >750 bhp
  Large Fleet
  Small Fleet
  Tier 1
  1/1/2020
  1/1/2020
  1/1/2022
  Tier 2 built prior to 1/1/2009
  1/1/2022
  1/1/2023
  1/1/2025
  Tier 2 built on or after 1/1/2009
  NA
  NA
  1/1/2027
  Tier 3 built prior to 1/1/2009
  1/1/2025
  1/1/2027
  NA
  Tier 3 built on or after 1/1/2009
  1/1/2027
  1/1/2029
  NA
  Tier 1, 2, and 3 flexibility engines
  December 31 of the year 17 years after the date of manufacture. This provision shall not apply to any engine operation before the effective date of this regulation.
2. (2) For large fleets that elect not to comply with section 93116.3(c)(1), then the fleet must comply with the following weighted PM emission fleet averages expressed as grams per brake horsepower-hour (g/bhphr) by the listed compliance dates:
  1. (A) Large fleets shall only have the option to comply with the PM emission fleet average requirements of section 93116.3(c)(2) if the following conditions are met:
    1. 1. All portable engines in the fleet, including low-use engines and emergency-use engines, must be registered in the Statewide Portable Equipment Registration Program by June 30, 2019;
    2. 2. All portable engines added to the fleet on or after June 30, 2019 must be registered with the Statewide Portable Equipment Registration Program; and
    3. 3. After June 30, 2019, if any large fleet is found to have unpermitted or unregistered engines rated at 50 bhp or greater, then the fleet must comply with the requirements of section 93116.3(c)(1) immediately upon discovery of such engines.
  2. (B) In order to comply with fleet average option in section 93116.3(c)(2), the responsible official for a large fleet must submit a written request to the Executive Officer no later than June 30, 2019. At a minimum, the written request will include a listing of each engine in the fleet including registration number, serial number, maximum rated bhp, and engine family name.
  3. (C) Portable alternative-fueled engines may be included in a fleet for the purposes of complying with the PM emission fleet average if the engine satisfies the requirements in section 93116.3(d)(2)(B).
  Compliance Date
  Fleet PM Standard (g/bhp-hr)
  1/1/2020
  0.10
  1/1/2023
  0.06
  1/1/2027
  0.03
3. (3) The following portable diesel-fueled engines are excluded from the requirements in sections 93116.3(c)(1) and (c)(2):
  1. (A) portable diesel-fueled engines operated exclusively outside of California or operated only within the OCS.
  2. (B) portable diesel-fueled emergency-use engines.
  3. (C) portable diesel-fueled low-use engines.
4. (4) Portable diesel-fueled engines equipped with a properly functioning level-3 verified technology are excluded from the requirements in section 93116.3(c)(1).
5. (5) Portable diesel-fueled low-use engines that subsequently exceed the allowed hours of operation in a calendar year, or portable diesel-fueled emergency-use engines that subsequently are used in non-emergency applications, become immediately subject to the requirements of section 93116.3(c)(1) or (c)(2) in the year such exceedence or use occurs. The responsible official must submit a request to convert the engine to regular use, subject to the limitations of section 93116.3(c)(6). For low-use engines, the hours of operation used for an emergency event shall not be counted toward the allowed hours of operation.
6. (6) The responsible official of a fleet may not submit a request to convert a low-use engine or an emergency-use engine to regular use, except for the following:
  1. (A) Tier 1 and Tier 2 engines that become subject to the requirements of section 93116.3(c)(5); and
  2. (B) Tier 3 engines.
7. (7) Beginning on January 1, 2020, the weighted average PM emission rate for a large fleet electing to comply with section 93116.3(c)(2) must not exceed the fleet standard that is in effect, even during the years between and after the fleet standard effective dates. Changes in the fleet, including portable engine additions and deletions, must not result in noncompliance with the standard.
8. (8) Any fleet that demonstrates compliance with any of the applicable weighted PM emission fleet averages listed below shall receive benefits upon approval from the Executive Officer. The responsible official must submit a statement of compliance per section 93116.4(d)(2) to the Executive Officer no later than 60 days after November 30, 2018, to request the benefits listed below:
  1. (B) Upon approval from the Executive Officer, one of the following methods may be used to modify compliance with the fleet requirements as specified below:
    1. 1. a fleet may delay the requirements in section 93116.3(c)(1) by two years for the size category of engines for which the fleet average was met; or
    2. 2. a fleet may double count Tier 4 interim engines and Tier 4 final engines when demonstrating compliance with the first two weighted PM emission fleet averages in section 93116.3(c)(2).
  (A)
  Engines <175 hp (g/bhp-hr)
  Engines 175 to 750 hp (g/bhp-hr)
  Engines >750 hp (g/bhp-hr)
  0.18
  0.08
  0.08
9. (9) Upon approval from the Executive Officer, a fleet may delay the requirements in section 93116.3(c)(1), if the following conditions are met:
  1. (A) For each Tier 1 engine in the fleet removed from service in California after November 30, 2018, but prior to January 1, 2019, one Tier 3 engine with the same or smaller maximum rated bhp may be operated for one additional year;
  2. (B) For each Tier 2 engine in the fleet removed from service in California after November 30, 2018, but prior to January 1, 2021, one Tier 3 engine with the same or smaller maximum rated bhp may be operated for one additional year;
  3. (C) The responsible official must submit a written request specifying which Tier 3 engine will receive the delay at the time the Tier 1 or Tier 2 engine is removed from service; and
  4. (D) If the Tier 3 engine that received the delay is removed from the fleet prior to the dates specified in subdivision (c)(1), then the responsible official may submit a written request to transfer the delay to a different Tier 3 engine in the fleet.
(d) Fleet Average Calculations
1. (1) General Provisions
  1. (A) The average PM emission factor for the fleet is determined by the following formula:
    Σ Summation for each portable engine in the fleet (bhp x emission factor)
    Σ Summation for each portable engine in the fleet (bhp)
    where:
    bhp = maximum rated horsepower.
    emission = diesel PM emission rate, as determined below: factor
  2. (B) The following diesel PM emission rates shall be used with the above formula to determine the weighted average fleet emission rate:
    1. 1. for portable diesel-fueled engines certified to a nonroad engine standard, the results of emission measurements submitted to either the U. S. EPA or CARB for the purposes of satisfying the appropriate emission standard; or
    2. 2. for Tier 1 engines less than 175 bhp for which no particulate matter emission standard exists, an emission rate of 0.87 g/bhp-hr shall be used for engines less than 120 bhp and 0.46 shall be used for engines 120 to 174 bhp; or
    3. 3. for replacement engines and flexibility engines that do not have a family name indicated on the engine, the emission standard of the tier level to which the engine was built shall be used; or
    4. 4. results from emission measurements from a verified emission control strategy may be used in conjunction with engine emission information.
2. (2) The following incentives may be used to revise the fleet average, as outlined below:
  1. (A) Where a fleet has used or leased electrification in lieu of operating a portable diesel-fueled engine, the fleet may modify the fleet calculation as specified below. To receive credit for electrification in the fleet calculation, the recordkeeping and reporting requirements in section 93116.4(b)(3) shall be satisfied.
    1. 1. For equipment that uses grid power for more than 200 hours in lieu of operating a portable diesel-fueled engine for a given project, the time period grid power is used may be used to reduce each affected engine's emission factor. The emission factor for each affected portable engine will be reduced proportionally by the percentage of time the equipment uses grid power.
    2. 2. Where a fleet has chosen to replace an existing portable engine with electrification, the fleet may include the replaced engine in the fleet calculation with an emission factor of zero.
    3. 3. Where a fleet has chosen to install electrification in lieu of adding a diesel powered engine to the fleet, a fleet may include that engine in the fleet calculation with an emission factor of zero.
  2. (B) Alternative-fueled portable engines
    1. 1. Alternative-fueled portable engines operating 100 or more hours may be included toward determining compliance with the applicable fleet emission standards. A diesel PM emission rate of zero shall be used in the fleet calculations for these engines.
    2. 2. Alternative-fueled portable engines operating 100 or more hours per calendar year and added to a fleet prior to January 1, 2009, may be counted twice in the company's fleet average determination toward compliance with the 2020 and 2023 fleet emission standards. The alternative-fueled engine must be certified to meet a federal or California standard for newly manufactured nonroad engines pursuant to 40 CFR Part 89 or title 13, Cal. Code Regs.
  3. (C) Tier 4 interim engines and Tier 4 final engines rated over 750 bhp that were permitted or registered prior to January 1, 2017, may be counted twice in the fleet average determination toward compliance with the 2020 and 2023 fleet emission standards.
(e) Prohibition of Sale
1. (1) any engine that is not a certified engine; or
2. (2) certified engines shall not be sold after the dates listed in the following schedule:
  Engine Certification
  Engines rated 50 to 750 bhp
  Engines rated >750 bhp
  Tier 1
  1/1/2020
  1/1/2022
  Tier 2 built prior to 1/1/2009
  1/1/2023
  1/1/2025
  Tier 2 built on or after 1/1/2009
  NA
  1/1/2027
  Tier 3 built prior to 1/1/2009
  1/1/2027
  NA
  Tier 3 built on or after 1/1/2009
  1/1/2029
  NA
  Tier 1, 2, and 3 flexibility engines
  December 31 of the year 17 years after the date of manufacture. This provision shall not apply to any sale of an engine before the effective date of this regulation.
As of November 30, 2018, no person shall sell or offer for sale to an end user in California a portable diesel-fueled engine under the circumstances listed below. The sale of engines for resale outside of California is not prohibited.
(f) Disclosure of Applicability
Any person selling a certified engine subject to this regulation in California must provide the following disclosure in writing to the buyer as part of the sales transaction: “When operated in California, any portable diesel engine may be subject to the California Air Resources Board Airborne Toxic Control Measure For Diesel Particulate Matter From Portable Engines Rated At 50 Horsepower And Greater. It therefore could be subject to retrofit or accelerated turnover requirements to reduce emissions of air pollutants. For more information, please visit the California Air Resources Board website at http://www.arb.ca.gov/portable/portable.htm.”

Note: Authority cited: Sections 39600, 39601, 39650, 39658, 39659, 39666, 41752, 41754, 43013 and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 and 41754, Health and Safety Code.

History

1. New section filed 2-9-2005; operative 3-11-2005 (Register 2005, No. 6).

2. Amendment of subsection (b)(2)(A) and new subsections (b)(5)-(8) filed 12-27-2006 as an emergency; operative 12-27-2006 (Register 2006, No. 52). A Certificate of Compliance must be transmitted to OAL by 4-26-2007 or emergency language will be repealed by operation of law on the following day.

3. Amendment of subsection (b)(2)(A) and new subsections (b)(5)-(8) refiled 4-26-2007 as an emergency, including additional amendments to subsections (b)(2)(A)-(B) and (b)(5)-(b)(8); operative 4-26-2007 (Register 2007, No. 17). A Certificate of Compliance must be transmitted to OAL by 8-24-2007 or emergency language will be repealed by operation of law on the following day.

4. Amendment of subsections (b)(2)(A), (b)(5) and (b)(7)-(b)(7)(A) and repealer of subsection (b)(8) filed 9-12-2007; operative 9-12-2007 (Register 2007, No. 37).

5. Amendment of subsections (b)(1)(A) and (b)(2)(A), repealer of subsections (b)(4)-(b)(4)(B)3., subsection renumbering and repealer of subsection (c)(3)(D) filed 12-3-2009; operative 12-3-2009 pursuant to Government Code section 11343.4(c) (Register 2009, No. 49).

6. Amendment of subsection (b)(1)(A) and new subsections (b)(1)(C)-(b)(1)(C)5. filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).

7. Amendment filed 1-20-2011; operative 2-19-2011 (Register 2011, No. 3).

8. Amendment of section and Note filed 9-24-2018; operative 11-30-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).

9. Change without regulatory effect amending subsection (d)(1)(B)4. filed 2-25-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 9).