California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices
Article 5 - Portable Engine and Equipment Registration
Section 2451 - Applicability

Universal Citation: 13 CA Code of Regs 2451

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Registration under this regulation is voluntary for owners of portable engines or equipment units.

(b) This regulation applies to portable engines and equipment units as defined in section 2452. 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.

(c) The following are not eligible for registration under this program:

(1) any engine used to propel mobile equipment or a motor vehicle of any kind as defined in section 2452(aa)(1)(A);

(2) any engine or equipment unit not meeting the definition of portable as defined in section 2452(dd) of this regulation;

(3) engines, equipment units, and associated engines determined by the Executive Officer to qualify as part of a stationary source;

(4) 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 40 CFR section 60.671 (2009);

(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 Waters (STW).];

(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

(9) 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 district regulations.

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. Amendment of subsections (a), (c)(1)-(c)(5) and (c)(9)-(e) filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (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 day.
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. 37).
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 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).
9. Amendment of subsections (c)(4) and (c)(9) filed 1-20-2011; operative 2-19-2011 (Register 2011, No. 3).
10. Amendment of subsections (c)(3), (c)(8) and (c)(9) 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, 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.

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