Current through Register 2022 Notice Reg. No. 16, April 25, 2022
Registration under this regulation is voluntary for owners of portable engines
or equipment units.
regulation applies to portable engines and equipment units as defined in
Except as provided in paragraph (c) of this section, any portable engine or
equipment unit may register under this regulation. Examples include, but are
not limited to:
(1) portable equipment units
driven solely by portable engines including confined and unconfined abrasive
blasting, Portland concrete batch plants, sand and gravel screening, rock
crushing, and unheated pavement recycling and crushing operations;
(2) consistent with section 209(e) of the
federal Clean Air Act, engines and associated equipment used in conjunction
with the following types of portable operations: well drilling, service or
work-over rigs; power generation, excluding cogeneration; pumps; compressors;
diesel pile-driving hammers; welding; cranes; woodchippers; dredges; equipment
necessary for the operation of portable engines and equipment units; and
military tactical support equipment.
The following are not eligible for
registration under this program:
engine used to propel mobile equipment or a motor vehicle of any kind as
defined in section
any engine or equipment unit not meeting
the definition of portable as defined in section
of this regulation;
equipment units, and associated engines determined by the Executive Officer to
qualify as part of a stationary source;
any engine or equipment unit subject to
an applicable federal Maximum Achievable Control Technology standard, or
National Emissions Standard for Hazardous Air Pollutants, or federal New Source
Performance Standard, except for equipment units subject to the requirements of
40 CFR Part 60
Subpart OOO (Standards of Performance for Nonmetallic Mineral
Processing Plants) as they relate to portable plants as defined in
CFR section 60.671
(5) any engine or equipment unit operating
within the boundaries of the California Outer Continental Shelf (OCS) [Note:
This shall not prevent statewide registration of portable engines and equipment
units already permitted by a district for operation in the OCS. Such statewide
registration shall only be valid for operation onshore and in State Territorial
(6) any dredging
operation in the Santa Barbara Harbor;
(7) any dredging unit owned by a single port
authority, harbor district, or similar agency in control of a harbor, and
operated only within the same harbor;
(8) engines and equipment units used
exclusively in agricultural operations as defined in title 17 Cal. Code Regs.,
section 93116.2(a), unless owned by a rental business; and
any engine that is certified for
stationary use according to 40 CFR part 60
Subparts IIII or JJJJ, unless the
engine is also certified to the applicable nonroad standards as indicated on
the emission control label.
(d) In the event that the owner of an engine
or equipment unit elects not to register under this program, the engine or
equipment unit shall be subject to district permitting requirements pursuant to
Cal. Code Regs. Tit.
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
1. New section filed
9-17-97; operative 9-17-97 pursuant to Government Code section
(Register 97, No. 38).
2. Amendment filed 12-1-99; operative
12-1-99 pursuant to Government Code section
(Register 99, No. 49).
3. Amendment of section and Note filed
8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
of subsections (a), (c)(1)-(c)(5) and (c)(9)-(e) filed 4-26-2007; operative
4-27-2007 pursuant to Government Code section
(Register 2007, No. 17).
5. Amendment of subsections (c)(3) and
(c)(9) 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
6. Certificate of Compliance as to 4-26-2007 order, including
further amendment of subsection (c)(3) and repealer of subsections (d)-(e),
transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No.
7. Change without regulatory effect amending subsections
(c)(1)-(2) filed 4-7-2008 pursuant to section 100, title 1, California Code of
Regulations (Register 2008, No. 15).
8. Amendment of subsections
(c)(1)-(2) filed 12-3-2009; operative 12-3-2009 pursuant to Government Code
with respect to all equipment other than street sweepers; operative with
respect to street sweepers upon filing of proposed section 2025 (Register 2009,
9. Amendment of subsections (c)(4) and (c)(9) filed
1-20-2011; operative 2-19-2011 (Register 2011, No. 3).
of subsections (c)(3), (c)(8) and (c)(9) filed 9-24-2018; operative
pursuant to Government Code section 11343.4(b)(3) (Register
2018, No. 39).