Cal. Code Regs. Tit. 17, § 93116.1 - Applicability

(a) Except as provided below, all portable engines having a maximum rated horsepower of 50 bhp and greater and fueled with diesel are subject to this ATCM.

(b) The following portable engines are not subject to this ATCM:

(1) Any engine used to propel mobile equipment or a motor vehicle of any kind;

(2) Any portable engine using an alternative fuel;

(3) Dual-fuel diesel pilot engines that use an alternative fuel or an alternative diesel fuel;

(4) Tactical support equipment;

(5) Portable diesel-fueled engines operated on either San Clemente or San Nicolas Island;

(6) Engines preempted from State regulation under 42 USC § 7543(e)(1);

(7) Portable diesel-fueled engines used exclusively in agricultural operations, unless owned by a rental business as defined in 13 Cal. Code Regs., section 2452(kk).

(8) Engines used exclusively on two-engine cranes as defined in title 13, Cal. Code Regs., section 2449(c) which must meet all applicable requirements in title 13, Cal. Code Regs., commencing with section 2449;

(9) Engines used exclusively on street sweepers that are not subject to title 13, Cal. Code Regs., section 2022, which must meet all applicable requirements in title 13, Cal. Code Regs., commencing with section 2025;

(10) Engines used exclusively on two-engine water well drilling rigs as defined in title 13, Cal. Code Regs., section 2449(c), which must meet all applicable requirements in title 13, Cal. Code Regs., commencing with section 2449; and

(11) Engines used exclusively on dedicated snow removal vehicles as defined in title 13, Cal. Code Regs., section 2449(c);

(12) Engines use exclusively on two-engine vehicles as 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);

(13) Engines use exclusively on harbor craft as defined in title 17 Cal. Code Regs., section 93118.5(d) which must meet all applicable requirements in title 17 Cal. Code Regs., commencing with section 93118.5; and

(14) Engines used exclusively to alleviate the threat to public health and safety during an emergency event.

(15) Engines approved to operate in Hazardous Locations per title 29 CFR 1910.307 or 1926.407 and that meet Tier 3 emission standards.

Notes

Cal. Code Regs. Tit. 17, § 93116.1

1. New section filed 2-9-2005; operative 3-11-2005 (Register 2005, No. 6).
2. Amendment of subsection (b)(7) filed 9-12-2007; operative 9-12-2007 (Register 2007, No. 37).
3. Amendment of subsection (b)(6) and new subsections (b)(8)-(9) 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).
4. Amendment of subsection (b)(9) and new subsection (b)(10) filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
5. Amendment of subsections (b)(8)-(10) and new subsection (b)(11) filed 1-20-2011; operative 2-19-2011 (Register 2011, No. 3).
6. 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).

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.

1. New section filed 2-9-2005; operative 3-11-2005 (Register 2005, No. 6).
2. Amendment of subsection (b)(7) filed 9-12-2007; operative 9-12-2007 (Register 2007, No. 37).
3. Amendment of subsection (b)(6) and new subsections (b)(8)-(9) 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).
4. Amendment of subsection (b)(9) and new subsection (b)(10) filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
5. Amendment of subsections (b)(8)-(10) and new subsection (b)(11) filed 1-20-2011; operative 2-19-2011 (Register 2011, No. 3).
6. 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).