Cal. Code Regs. Tit. 13, § 2452 - Definitions

Current through Register 2021 Notice Reg. No. 52, December 24, 2021

Any term used in this article that is not defined in this section has the same meaning as those in title 17 section 93116.2. The following definitions shall apply for the purposes of this article:

(a) "Air Contaminant" shall have the same meaning as set out in section 39013 of the Health and Safety Code.

(b) "ARB" means the California Air Resources Board.

(c) "Certified Compression-Ignition Engine" means an engine certified pursuant to 40 CFR Part 86, 40 CFR Part 89, 40 CFR Part 1039, 40 CFR Part 94, 40 CFR Part 1042, or as set forth in the equivalent categories in title 13, Cal. Code of Regs.

(d) "Certified Spark-Ignition Engine" means an engine meeting the emission standards for spark-ignition engines, as set forth in title 13, Cal. Code Regs., or 40 CFR Part 1048.

(e) "Compression-Ignition (CI) Engine" means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. Compression-ignition engines usually control fuel supply instead of using a throttle to regulate power.

(f) "Corresponding Onshore District" means the district which has jurisdiction for the onshore area that is geographically closest to the engine or equipment unit.

(g) "Crane" means the same as "Two-Engine Crane" defined in title 13, Cal. Code Regs., section 2449(c).

(h) "District" means an air pollution control district or air quality management district created or continued in existence pursuant to provisions of Part 3 (commencing with section 40000 ) of the California Health and Safety Code.

(i) "Electrical Upgrade" means replacement or addition of electrical equipment and systems resulting in increased generation, transmission and/or distribution capacity.

(j) "Emergency Event" means any situation arising from sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other unforeseen events beyond the control of the portable engine or equipment unit operator, its officers, employees, and contractors that threatens public health and safety and that requires the immediate temporary operation of portable engines or equipment units to help alleviate the threat to public health and safety.

(k) "Engine" means any piston driven internal combustion engine.

(l) "Equipment Failure" means any failure of the engine, fuel delivery system, or associated equipment that necessitates the removal of the equipment from service.

(m) "Equipment Unit" means equipment that emits PM₁₀ over and above that emitted from an associated engine.

(n) "Essential public service" means a service provided to the general public to protect the public health and safety or the environment.

(o) "Executive Officer" means the Executive Officer of the California Air Resources Board or his/her designee.

(p) "Hazardous Air Pollutant (HAP)" means any air contaminant that is listed pursuant to section 112(b) of the federal Clean Air Act.

(q) "Home District" means the district designated by the responsible official as the district in which the registered engine or equipment unit resides most of the time. For registered engines or equipment units based out of California, the responsible official shall designate the home district based on where the registered engine or equipment unit is likely to be operated a majority of the time the registered engine or equipment units is in California.

(r) "Identical Replacement" means a substitution due to equipment failure of a registered portable engine or equipment unit with another portable engine or equipment unit that has the same manufacturer, type, manufacturer's maximum rated capacity, and rated brake horsepower; and is intended to perform the same or similar function as the original portable engine or equipment unit; and meets the emission requirements of title 17 Cal. Code Regs., section 93116.3(c)(1); and meets the emission requirements of sections 2455 through 2457 of this article.

(s) "In-field Inspection" means an inspection that is conducted at the location that the portable engine or equipment unit is operated under normal load and conditions.

(t) "Location" means any single site at a building, structure, facility, or installation.

(u) "Maximum Achievable Control Technology (MACT)" means any federal requirement promulgated as part of 40 CFR Parts 61 and 63.

(v) "Maximum Rated Capacity" is the maximum throughput rating or volume capacity listed on the nameplate of the registered equipment unit as specified by the manufacturer.

(w) "Maximum Rated Horsepower (brake horsepower (bhp)" is the maximum brake horsepower rating specified by the registered engine manufacturer and listed on the nameplate or emission control label of the registered engine.

(x) "Modification" means any physical change to, change in method of operation of, or in addition to registered engine or equipment unit, which may cause or result in an increase in the amount of any air contaminant emitted or the issuance of air contaminants not previously emitted. Routine maintenance and/or repair shall not be considered a physical change. Unless previously limited by an enforceable registration condition, a change in the method of operation shall not include:

(1) an increase in the production rate, unless such increase will cause the maximum design capacity of the registered equipment unit to be exceeded;

(2) an increase in the hours of operation;

(3) a change of ownership; and

(4) the movement of a registered engine or equipment unit from one location to another;

(y) "New Source Performance Standard (NSPS)" means any federal requirement promulgated as part of 40 CFR Part 60.

(z) "Non-field Inspection" means an inspection that is either conducted at a location that is mutually acceptable to the district and the owner or operator or where the engine or equipment unit is stored and does not require operation of the engine or equipment unit for purposes of the inspection.

(aa) "Nonroad Engine" means:

(1) Except as discussed in paragraph (B) of this definition, a nonroad engine is any engine:

(A) in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or

(B) in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or

(C) that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.

(2) An engine is not a nonroad engine if:

(A) the engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the federal Clean Air Act; or

(B) the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the federal Clean Air Act; or

(C) the engine otherwise included in paragraph (1)(C) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. 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 approximately three (or more) months each year.

(bb) "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.).

(cc) "Placard" means a visible indicator supplied by the Air Resources Board to indicate that an engine or equipment has been registered in the Portable Equipment Registration Program and is in addition to the registration identification device.

(dd) "Portable" means designed and capable of being carried or moved from one location to another. Indicia of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of this regulation, dredge engines on a boat or barge are considered portable. The engine or equipment unit is not portable if any of the following are true:

(1) the engine or equipment unit or its replacement is attached to a foundation, or if not so attached, will reside at the same location for more than 12 consecutive months. The period during which the engine or equipment unit is maintained at a storage facility shall be excluded from the residency time determination. Any engine or equipment unit such as back-up or stand-by engines or equipment units, that replace engine(s) or equipment unit(s) at a location, and is intended to perform the same or similar function as the engine(s) or equipment unit(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s) or equipment unit(s), including the time between the removal of the original engine(s) or equipment unit(s) and installation of the replacement engine(s) or equipment unit(s), will be counted toward the consecutive time period; or

(2) the engine or equipment unit remains or will reside at a location for less than 12 consecutive months if the engine or equipment unit 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

(3) the engine or equipment unit is moved from one location to another in an attempt to circumvent the portable residence time requirements.

(ee) "Process" means any air-contaminant-emitting activity associated with the operation of a registered engine or equipment unit.

(ff) "Project, for the purposes of onshore operation," means the use of one or more registered engines or equipment units operated under the same or common ownership or control to perform a single activity.

(gg) "Project, for the purposes of State Territorial Waters (STW)," means the use of one or more registered engines and equipment units operating under the same or common ownership or control to perform any and all activities needed to fulfill specified contract work that is performed in STW. For the purposes of this definition, a contract means verbal or written commitments covering all operations necessary to complete construction, exploration, maintenance, or other work. Multiple or consecutive contracts may be considered one project if they are intended to perform activities in the same general area, the same parties are involved in the contracts, or the time period specified in the contracts is determined by the Executive Officer to be sequential.

(hh) "Provider of Essential Public Service (PEPS)" means any privately-owned corporation or public agency whose primary purpose is to own, operate, control, or manage an essential public service as determined by the Executive Officer. PEPS include:

(1) electrical corporations as defined by Public Utilities Code, section 218;

(2) electric service providers as defined by Public Utilities Code, section 218.3;

(3) fire departments;

(4) gas corporations as defined by Public Utilities Code, section 222;

(5) hospitals that provide trauma services;

(6) irrigation districts formed pursuant to the Irrigation District Law, Water Code division 11, commencing with section 20500;

(7) public water systems as defined in California Health & Safety Code section 116275(h);

(8) publicly owned treatment works as defined in 40 CFR Part 403.3(q);

(9) joint powers authorities that include one or more of the public agencies identified in this definition;

(10) municipal utility districts formed pursuant to The Municipal Utility District Act, Public Utilities Code, division 6, commencing with section 11501;

(11) municipalities or municipal corporations operating as a "public utility" as provided in Public Utilities Code, section 10001;

(12) police departments;

(13) prisons and detention facilities;

(14) public utility districts formed pursuant to the Public Utility District Act, Public Utilities Code, division 7, commencing with Section 15501;

(15) public transportation and transit systems;

(16) sewer system corporations as defined by Public Utilities Code, section 230.6;

(17) telegraph corporations, as defined by Public Utilities Code, section 236;

(18) telephone corporations, as defined by Public Utilities Code, section 234;

(19) railroads and street railroads, as defined by Public Utilities Code, section 229;

(20) municipal solid waste landfills, as defined in 40 Code of Federal Regulations section 258.2;

(21) services for handling, as defined in Public Resources Code, section 40195, municipal solid waste, with the exception of converting solid waste and treating and reconstituting materials as part of recycling, as that term is defined in Public Resources Code Section 40180;

(22) transfer stations, as defined in Public Resources Code, section 40200, with the exception of facilities utilized to convert solid waste; and

(23) sewer systems as defined in Public Utilities Code, section 230.5;

(24) commercial air operators as defined in Public Utilities Code, section 5500. PEPS do not include their contractors.

(ii) "Registration" means issuance of a certificate by the Executive Officer acknowledging expected compliance with the applicable requirements of this article, and the intent by the owner or operator to operate the engine or equipment unit within the requirements established by this article.

(jj) "Remote Location" means any location more than one-half mile from any business, residence, school, daycare center, or hospital.

(kk) "Rental Business" means a business which rents or leases registered engines or equipment units.

(ll) "Renter" means a person who rents and or operates registered engines or equipment units not owned by that person.

(mm) "Resident Engine" means either of the following:

(1) a certified compression-ignition engine or certified spark-ignition engine that at the time of applying for registration, has a current, valid district permit or district registration that was issued before July 1, 2019, and the engine is owned by a large fleet that has elected to comply with the requirements of title 17 Cal. Code Regs., section 93116.3(c)(2); or

(2) a certified compression-ignition engine or certified spark-ignition engine that lost a permit to operate exemption through a formal district action. Moving an engine from a district that provides a permit to operate exemption to a district that requires a permit to operate or registration does not qualify for consideration as a resident engine.

(nn) "Responsible Official" refers to an individual employed by the company or public agency with the authority to certify that the registered engines or equipment units in the fleet comply with applicable requirements of this regulation. A fleet may only have one Responsible Official.

(oo) "Spark-Ignition (SI) Engine" means an internal combustion engine with a spark plug (or other sparking device) with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark-ignition engines usually use a throttle instead of using fuel supply to control intake air flow to regulate power.

(pp) "State Territorial Waters (STW)" includes all of the following: an expanse of water that extends from the California coastline to 3 miles off-shore; a 3 mile wide belt around islands; and estuaries, rivers, and other inland waterways.

(qq) "Statewide Registration Program" means the program for registration of portable engines and equipment units set out in this article.

(rr) "Stationary Source" means any building, structure, facility or installation which emits any air contaminant directly or as a fugitive emission. "Building," "structure," "facility," or "installation" includes all pollutant emitting activities which:

(1) are under the same ownership or operation, or which are owned or operated by entities which are under common control;

(2) belong to the same industrial grouping either by virtue of falling within the same two-digit standard industrial classification code or by virtue of being part of a common industrial process, manufacturing process, or connected process involving a common raw material; and

(3) are located on one or more contiguous or adjacent properties.

[NOTE: For purposes of this regulation a stationary source and nonroad engine are mutually exclusive.]

(ss) "Storage" means a warehouse, enclosed yard, or other area established for the primary purpose of maintaining registered engines or equipment units when not in operation.

(tt) "Street Sweeper" means the same as "Dual-engine Street Sweeper" defined in title 13, Cal. Code Regs., section 2022(b)(2).

(uu) "Tactical Support Equipment (TSE)" means equipment using a portable engine, including turbines, that meets military specifications, owned by the U.S. Department of Defense, the U.S. military services, or its allies, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. Examples include, but are not limited to, internal combustion engines associated with portable generators, aircraft start carts, heaters and lighting carts.

(vv) "Temporary Registration" means issuance of a temporary certificate by the Executive Officer acknowledging expected compliance with the applicable requirements of this article. The temporary certificate shall be issued according to the provisions of title 13 Cal. Code Regs. Section 2453(g).

(ww) "Third-party Rental" means a non-rental business renting or leasing registered engines and/or equipment units to another party by written agreement.

(xx) "Two-engine Vehicle" means the same as "Two-engine Vehicle" defined in title 13 Cal. Code Regs., section 2449(c) and the vehicle meets the criteria listed in title 13 Cal. Code Regs., section 2449(b)(2)(C).

(yy) "U.S. EPA" means the United States Environmental Protection Agency.

(zz) "Volatile Organic Compound (VOC)" means any compound containing at least one atom of carbon except for the following exempt compounds: acetone, methyl acetate, perchloroethylene (tetrachloroethylene), ethane, parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonates, methylene chloride (dichloromethane), methyl chloroform (1,1,1-trichloroethane), CFC-113 (trichlorotrifluoroethane), CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-22 (chlorodifluoromethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), HCFC-124 (chlorotetrafluoroethane), HFC-23 (trifluoromethane), HFC-134 (tetrafluoroethane), HFC-125 (pentafluoroethane), HFC-143a (trifluoroethane), HFC-152a (difluoroethane), HFE-7200 (ethoxy-nonafluorobutane), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons:

(1) cyclic, branched, or linear, completely fluorinated alkanes;

(2) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;

(3) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and

(4) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine, acetone, ethane, and parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene).

(aaa) "Water Well Drilling Rig" means the same as "Two-Engine Water Well Drilling Rig" defined in title 13, Cal. Code Regs., section 2449(c).

Notes

Cal. Code Regs. Tit. 13, § 2452

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.

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 section and Note filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. New subsections (hh)(3)-(4) and (rr)-(ss) 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.
5. Reinstatement of section as it existed prior to 12-27-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2007, No. 17).
6. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
7. Amendment of subsections (o), (kk) and (mm), new subsections (mm)(1)-(2) and (uu)-(ww) and subsection relettering 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.
8. Certificate of Compliance as to 4-26-2007 order, including further amendment of section, transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
9. Change without regulatory effect amending section filed 4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 15).
10. New subsections (g) and (tt) and subsection relettering filed 12-3-2009; operative 12-3-2009 pursuant to Government Code section 11343.4(c) with respect to all equipment other than street sweepers; operative with respect to street sweepers upon filing of proposed section 2025 (Register 2009, No. 49).
11. Amendment of subsection (c), repealer of subsections (ww), (xx) and (aaa), subsection relettering and new subsection (zz) filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
12. Amendment of subsections (d), (g), (j), (ii), (mm)(1)-(2) and (tt) filed 1-20-2011; operative 2-19-2011 (Register 2011, No. 3).
13. Amendment filed 9-24-2018; operative 11-30-2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).
14. Change without regulatory effect amending subsection (r) filed 2-25-2019 pursuant to section 100, title 1, California Code of Regulations (Register 2019, No. 9).