Cal. Code Regs. Tit. 17, § 93116.2 - Definitions

(a) For the purposes of this ATCM, the following definitions apply. Any term used in this subchapter that is not defined in this section has the same meaning as those in title 13 section 2452.

(1) "Air Pollution Control Officer or APCO" means the air pollution control officer of a district, or his/her designee.

(2) "Agricultural Operations" means the growing and harvesting of crops or the raising of fowl or animals for the primary purpose of making a profit, providing a livelihood, or conducting agricultural research or instruction by an educational institution. Agricultural operations do not include forest operations or activities involving the processing or distribution of crops or fowl.

(3) "Alternative Fuel" means gasoline, natural gas, propane, liquid petroleum gas (LPG), hydrogen, ethanol, or methanol.

(4) "Alternative Diesel Fuel" means any fuel used in a compression ignition (CI) engine that is not, commonly or commercially known, sold or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM Standard Specification for Diesel Fuel Oils D975-81, or an alternative fuel, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g., recalibration of the engine fuel control) may enhance performance. An emission control strategy using a fuel additive will be treated as an alternative diesel fuel based strategy unless:

(A) the additive is supplied to the engine fuel by an on-board dosing mechanism, or

(B) the additive is directly mixed into the base fuel inside the fuel tank of the engine, or

(C) the additive and base fuel are not mixed until engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine.

(5) "CARB Diesel Fuel" means any diesel fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81, and that meets the specifications defined in title 13, Cal. Code Regs., sections 2281, 2282, and 2284.

(6) "Certified Engine" refers to an engine meeting an applicable engine emission standard as set forth in 40 CFR Part 89, Part 86, Part 1039, or set forth in the equivalent categories in title 13, Cal. Code Regs.

(7) "Common ownership or control" means being owned or managed day to day by the same person, corporation, partnership, or association. Equipment managed by the same directors, officers, or managers, or by corporations controlled by the same majority stockholders are considered to be under common ownership or control even if their title is held by different business entities.

(8) "Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented by the supplier as diesel fuel, including any mixture of primarily liquid hydrocarbons -organic compounds consisting exclusively of the elements carbon and hydrogen -that is sold or represented as suitable for use in an engine.

(9) "Diesel Particulate Matter (PM)" means the particles found in the exhaust of diesel-fueled engines which may agglomerate and adsorb other species to form structures of complex physical and chemical properties.

(10) "District" means a District as defined in Health and Safety Code section 39025.

(11) "Dual-fuel Diesel Pilot Engine" means a dual-fueled engine that uses diesel fuel as a pilot ignition source at an annual average ratio of less than 5 parts diesel fuel to 100 parts total fuel on an energy equivalent basis.

(12) "Emergency" means providing electrical power or mechanical work during any of the following events and subject to the following conditions:

(A) the failure or loss of all or part of normal electrical power service or normal natural gas supply to the facility:

1. which is caused by any reason other than the enforcement of a contractual obligation the owner or operator has with a third party or any other party; and

2. which is demonstrated by the owner or operator to the district APCO's satisfaction to have been beyond the reasonable control of the owner or operator;

(B) the failure of a facility's internal power distribution system:

1. which is caused by any reason other than the enforcement of a contractual obligation the owner or operator has with a third party or any other party; and

2. which is demonstrated by the owner or operator to the district APCO's satisfaction to have been beyond the reasonable control of the owner or operator;

(C) the pumping of water or sewage to prevent or mitigate a flood or sewage overflow;

(D) the pumping of water for fire suppression or protection;

(E) the pumping of water to maintain pressure in the water distribution system for the following reasons:

1. pipe break; or

2. high demand on water supply system due to high use of water for fire suppression;

(F) the breakdown of electric-powered pumping equipment at sewage treatment facilities or water delivery facilities;

(G) the training of personnel in the use of portable equipment for emergency purposes.

(13) "Emergency Event" refers to a situation arising from a sudden and reasonably unforeseen natural disaster such as an earthquake, flood, fire, or other unforeseen event that requires the use of portable engines to help alleviate the threat to public health and safety.

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

(15) "Emergency-use Engines" refer to engines that have been designated by the responsible official on the permit or registration to be used only during an emergency or emergency event, and includes appropriate maintenance and testing.

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

(17) "Fleet" refers to a portable engine or group of portable engines owned by a person, business, or government agency that are operated within California and meet the applicability listed in 17 Cal. Code Regs., section 93116.1. For engines owned by the U.S. Department of Defense or the U.S. military services, the portable engines at each facility or installation constitute separate fleets.

(A) For the purposes of this ATCM, a large fleet has a total maximum horsepower over 750 bhp for all portable engines under common ownership and control of a fleet on June 30, 2019.

(B) For the purposes of this ATCM, a small fleet has a total maximum horsepower of 750 bhp or less for all portable engines under common ownership and control of a fleet on June 30, 2019.

(18) "Flexibility engine" means an engine certified to an emission standard according to the Transition Program for Equipment Manufacturers listed in 40 CFR part 89.102, 40 CFR part 1039.625, or Title 13 Cal. Code Regs., section 2423(d), or an engine that was included in the Averaging, Banking and Trading program and each of the certification emission levels listed on the Executive Order meet the Tier 4 Final emission standards.

(19) "Forest Operations" means either of the following:

(A) Forest fire prevention activities performed by public agencies, including but not limited to construction and maintenance of roads, fuel breaks, firebreaks, and fire hazard abatement; or

(B) Cutting or removal or both of timber, other solid wood products, including Christmas trees, and biomass from forestlands for commercial purposes, together with all the work incidental thereto, including but not limited to, construction and maintenance of roads, fuel breaks, firebreaks, stream crossings, landings, skid trails, beds for falling trees, fire hazard abatement, and site preparation that involves disturbance of soil or burning of vegetation following forest removal activities. Forest operations include the cutting or removal of trees, tops, limbs and or brush which is processed into lumber and other wood products, and or for landscaping materials, or biomass for electrical power generation. Forest operations do not include conversion of forestlands to other land uses such as residential or commercial developments.

(20) "Fuel Additive" means any substance designed to be added to fuel or fuel systems or other engine-related systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance of the engine; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance of the engine. Fuel additives used in conjunction with diesel fuel may be treated as an alternative diesel fuel.

(21) "Level-3 Verified Technology" means a technology that has satisfied the requirements of the "Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines" in title 13, Cal. Code Regs., commencing with section 2700, and has demonstrated a reduction in diesel particulate matter of 85 percent or greater.

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

(23) "Low-Use Engines" refers to portable diesel-fueled engines that have been designated by the responsible official on the permit or registration to operate 200 hours or less in a calendar year.

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

(25) "Nonroad Engine" means:

(A) Except as discussed in paragraph (2) of this definition, a nonroad engine is any engine:

1. 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

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

3. 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.

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

1. 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

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

3. 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(s) that replace(s) 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.

(26) "Off-Road Engine" means the same as nonroad engine.

(27) "Outer Continental Shelf (OCS)" shall have the meaning provided by section 2 of the Outer Continental Shelf Lands Act ( 43 USC Section 1331 et seq.).

(28) "Permit" refers to a certificate issued by the Air Pollution Control Officer acknowledging expected compliance with the applicable requirements of the district's rules and regulations.

(29) "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 is not portable if:

(A) the engine 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 is maintained at a storage facility shall be excluded from the residency time determination. Any engine, such as a back-up or stand-by engine, that replace engine(s) at a location, and is intended to perform the same or similar function as the engine(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s), including the time between the removal of the original engine(s) and installation of the replacement engine(s), will be counted toward the consecutive time period; or

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

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

(30) "Project" means the use of one or more registered or permitted portable engines or equipment units operated under the same or common ownership or control to perform a single activity.

(31) "Registration" refers to either:

(A) a certificate issued by the Executive Officer acknowledging expected compliance with the applicable requirements of the Statewide Portable Equipment Registration Program; or

(B) a certificate issued by the Air Pollution Control Officer acknowledging expected compliance with the applicable requirements of the district's Portable Equipment Registration Program.

(32) "Replacement Engine" means an engine built according to the requirements of 40 CFR part 1068.240 or Title 13 Cal. Code Regs., section 2423(j), and the engine is equipped with a label containing information that indicates the Tier level of the engine.

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

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

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

(B) 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

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

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

(35) "Stock Engine" means a certified diesel-fueled engine that has never been placed in service and is part of a supply of engines offered for sale, rent, or lease by a person or company who offers for sale, rent, or lease engines and related equipment for profit.

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

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

(38) "Tactical Support Equipment (TSE)" means equipment using a portable engine, including turbines, that meets military specifications, owned by the U.S. Department of Defense and/or 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, engines associated with portable generators, aircraft start carts, heaters and lighting carts.

(39) "this ATCM" means the Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines, California Code of Regulations, title 17, sections 93116 - 93116.5.

(40) "Tier 1 Engine" means an engine subject to the Tier 1 new engine emission standards in title 13, Cal. Code Regs., section 2423(b)(1)(A) and/or Title 40, CFR, Part 89.112(a). This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 1 Family Emission Limits (FEL) listed in title 13, Cal. Code Regs., section 2423(b)(2)(A) and/or Title 40, CFR, Part 89.112(d).

(41) "Tier 2 Engine" means an engine subject to the Tier 2 new engine emission standards in title 13, Cal. Code Regs., section 2423(b)(1)(A) and/or Title 40, CFR, Part 89.112(a). This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 1 Family Emission Limits (FEL) listed in title 13, Cal. Code Regs., section 2423(b)(2)(A) and/or Title 40, CFR, Part 89.112(d).

(42) "Tier 3 Engine" means an engine subject to the Tier 3 new engine emission standards in title 13, Cal. Code Regs., section 2423(b)(1)(A) and/or Title 40, CFR, Part 89.112(a). This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 1 Family Emission Limits (FEL) listed in title 13, Cal. Code Regs., section 2423(b)(2)(A) and/or Title 40, CFR, Part 89.112(d).

(43) " Tier 4 Interim Engine" means an engine subject to the interim Tier 4 emission standards (also known as transitional) in title 13, Cal. Code Regs., section 2423(b)(1)(B) and/or Title 40, CFR, Part 1039.101. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 4 FEL listed in title 13, Cal. Code Regs., section 2423(b)(2)(B) and/or Title 40, CFR, Parts 1039.102 and 1039.104(g).

(44) "Tier 4 Final Engine" means an engine subject to the final after-treatment based Tier 4 emission standards in title 13, Cal. Code Regs., section 2423(b)(1)(B) and/or Title 40, CFR, Part 1039.101. This also includes engines certified under the averaging, banking, and trading program with respect to the Tier 4 FEL listed in title 13, Cal. Code Regs., section 2423(b)(2)(B) and/or Title 40, CFR, Part 1039.101.

(45) "Verified Emission Control Strategy" refers to an emission control strategy, designed primarily for the reduction of diesel PM emissions which has been verified pursuant to the "Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines" in title 13, Cal. Code Regs., commencing with section 2700, and incorporated by reference.

(46) "U.S. EPA" refers to the United States Environmental Protection Agency.

Notes

Cal. Code Regs. Tit. 17, § 93116.2

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. New subsection (nn) 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. New subsection (nn) refiled 4-26-2007 as an emergency; 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 filed 9-12-2007; operative 9-12-2007 (Register 2007, No. 37).
5. New subsections (a)(6) and (a)(37) and subsection renumbering 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).
6. Amendment of subsection (a)(19) filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
7. Amendment of subsections (a)(4)-(6), (a)(13), (a)(20), (a)(37) and (a)(41) 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).