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
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.
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
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