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 2453 - Application Process

Universal Citation: 13 CA Code of Regs 2453

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

(a) In order for an engine or equipment unit to be considered for registration by the Executive Officer, the engine or equipment unit must be portable as defined in section 2452(dd) and meet all applicable requirements established in this article.

(b) For purposes of registration under this article, an engine and the equipment unit it serves are considered to be separate emissions units and require separate applications.

(c) For an identical replacement, an owner or operator of a registered portable engine or equipment unit is not required to complete a new application and may immediately operate the identical replacement. Except for TSE, the owner or operator shall notify the Executive Officer in writing within 30 calendar days of replacing the registered engine or equipment unit with an identical replacement. Notification shall include company name, responsible official, phone number, registration certificate number of the engine or equipment unit to be replaced; and make, model, rated brake horsepower, serial number of the identical replacement, and description of the equipment failure. Applicable fees shall be submitted as required in section 2461. Misrepresentation of engine or equipment unit information or the failure to meet the requirements of this regulation shall be deemed a violation of this article.

(d) The Executive Officer shall inform the applicant, in writing, if the application is deficient, within 30 days of receipt of an application. If the application is deemed deficient, the Executive Officer shall identify the specific information required to make the application complete. If the applicant fails to provide the requested information or fees, the application for registration shall be denied no later than 90 days of receipt.

(e) The Executive Officer shall issue registration within 90 days of the date an application is deemed complete.

(f) Upon finding that an engine or equipment unit meets the requirements of this article and all applicable fees have been submitted, the Executive Officer shall issue a registration for the engine or equipment unit. The Executive Officer shall notify the applicant in writing or electronic notification that the engine or equipment unit has been registered. The written or electronic notification shall include a registration certificate and any conditions to ensure compliance with State and federal requirements. For electronic notification, the applicant shall submit an agreement with the application to accept electronic notification in lieu of written notification. In addition, a registration identification device shall be mailed by the Executive Officer for each engine or equipment unit registered pursuant to this regulation. Except for TSE, the registration identification device shall be affixed on the engine or equipment unit at all times, and the registration certificate including operating conditions shall be kept on the immediate premises with the engine or equipment at all times and made accessible to the Executive Officer or districts upon request. Failure to properly maintain the registration identification device shall be deemed a violation of this article.

(g) Upon receiving an application for a Tier 4 final engine or a certified spark-ignition engine that meets the most stringent standards, the Executive Officer shall issue a temporary registration for the engine at the request of the applicant. The Executive Officer shall notify the applicant in writing or electronic notification that the engine has been given temporary registration. The written or electronic notification shall include a temporary registration certificate which will expire no later than 3 months from the date of issuance.

(h) Except for TSE, each application for registration shall be submitted in a format approved by the Executive Officer and include, at a minimum, the following information:

(1) indication of general nature of business (e.g., rental business, etc.);

(2) the name of applicant, including mailing address, email address, and telephone number;

(3) a brief description of typical engine or equipment unit use;

(4) detailed description, including engine or equipment unit make, model, manufacture year (for portable engines only), rated brake horsepower, throughput, capacity, emission control equipment, and serial number;

(5) necessary engineering data, emissions test data, or manufacturer's emissions data to demonstrate compliance with the requirements as specified in sections 2455, 2456, and 2457;

(6) for owners of water well drilling rigs, a copy of a current, valid C-57 water well drilling contractors license;

(7) for resident engines, a copy of either a current permit to operate that was granted by a district, or documentation as described in section 2452(mm); and

(8) the printed name and written or electronic signature of the responsible official and date of the signature.

(i) For TSE, application for registration shall be submitted in a format approved by the Executive Officer and include, at a minimum, the following information:

(1) the name of applicant, including mailing address, email address, and telephone number;

(2) a brief description of typical engine use;

(3) engine or equipment-unit description, including type and rated brake horsepower; and

(4) the printed name and written or electronic signature of the responsible official and date of the signature.

(j) All registered engines and equipment units shall have a designated home district as defined in section 2452(q) according to the following:

(1) a home district shall be designated on each application for initial registration of an engine or equipment unit;

(2) except for registered engines or equipment units owned by a PEPS, rental business or involved in a third party rental, if the engine or equipment unit, based on operational and/or location records as required by 2458(a), operated the largest percentage of the time in a district other than the designated home district, the owner shall change the home district designation at the time of renewal. The change is not required if the difference between the home district operation percentage and the district with the largest operating percentage is 5 percent or less; and

(3) the Executive Officer may change the home district for a registered engine or equipment unit upon request from a local air district.

(k) Engines or equipment units owned and operated for the primary purpose of rental by a rental business shall be identified as rental at the time of application for registration and shall be issued a registration specific to the rental business requirements of this article. Misrepresentation of portable engine or equipment unit use in an attempt to qualify under the rental business definition shall be deemed a violation of this article.

(l) New applications for non-operational engines or equipment units will not be accepted by the Executive Officer.

(m) Once registration or temporary registration is issued by the Executive Officer, district permits or district registrations for engines or equipment units registered in the Statewide Registration Program are preempted by the statewide registration and are, therefore, considered null and void, except for the following circumstances where a district permit shall be obtained where it is required:

(1) engines or equipment units used in a project(s) operating in the OCS. The requirements of the district permit or registration apply to the registered engine or equipment unit while operating at the project(s) in the OCS; or

(2) engines or equipment units used in a project(s) operating in both the OCS and STW. The requirements of the district permit or registration apply to the registered engine or equipment unit while operating at the project(s) in the OCS and STW; or

(3) at STW project(s) that trigger district emission offset thresholds; or

(4) except for TSE, at any specific location where statewide registration is not valid. Examples of where statewide registration is not valid include but are not limited to:
(A) any location where an engine or equipment unit that has been determined to cause a public nuisance as defined in Health and Safety Code Section 41700;

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

(C) any location where the permitted stationary engine has reached the operational limits on the permit, even during an emergency;

(D) generators used for power production into the grid, except to maintain grid stability during an emergency event or other unforeseen event that affects grid stability; and

(E) generators used to provide primary or supplemental power to a building, facility, stationary source, or stationary equipment, except during the following:
1. unforeseen interruptions of electrical power from the serving utility,

2. maintenance and repair operations to a building, facility, stationary source, or stationary equipment, including maintenance of stationary backup generators that have not experienced an equipment failure;

3. electrical upgrade operations including -- startup, shutdown, and testing -- that do not exceed 90 calendar days, or a longer period as authorized in writing by the district.; or

4. equipment failure of a stationary backup generator permitted by a district, only upon approval from the local district, and only under the following conditions:
a. the holder of the permit for the stationary engine notifies the district of the equipment failure within 72 hours from the time the equipment failure is discovered;

b. the temporary replacement engine has the same or lower mass per unit time emission rate;

c. the temporary replacement engine complies with all applicable requirements on the permit for the existing stationary engine; and

d. the temporary replacement engine operates for no more than 180 days, or a longer period as authorized in writing by the district. Under no circumstances shall a portable engine or equipment unit be operated under both statewide registration and a district permit at any specific location. Where both a district permit for operation at a specific location and statewide registration have been issued for an engine or equipment unit, the terms of the district permit shall take precedence at that location.

(n) When ownership of a registered engine or equipment unit changes, the new owner shall submit a change of ownership application. This application shall be filed within 30 days of the change of ownership. During the 30 day period the new owner is authorized to operate the registered engine or equipment unit. If an application is not received within 30 days, the engine or equipment unit may not operate and the existing registration is not valid for the new owner until the application has been filed and all applicable fees have been paid. Registration will be reissued to the new owner after a complete application has been approved by the Executive Officer.

(o) Change of ownership applications for registered engines will not be approved after the dates listed in the schedules below.

(1) For certified compression-ignition engines:

Engine CertificationEngines rated 50 to 750 bhpEngines rated >750 bhp
Tier 17/1/20197/1/2021
Tier 2 built prior to 1/1/20097/1/20227/1/2024
Tier 2 built on or after to 1/1/2009NA7/1/2026
Tier 3 built prior to 1/1/20097/1/2026NA
Tier 3 built on or after 1/1/20097/1/2028NA

(2) For flexibility engines:

Engine CertificationEngines rated 50 to 750 bhpEngines rated >750 bhp
Tier 17/1/20197/1/2021
Tier 27/1/2022July 1 of the year 17 years after the date of manufacture
Tier 3July 1 of the year 17 years after the date of manufactureNA

(p) Applications for modification to designate Tier 3 engines as low-use or emergency-use must be submitted in the month of January and include hour meter readings that were taken at the beginning of that month.

(q) Except for TSE, a placard shall be required for every engine or equipment unit registered in the Statewide Registration Program. The placard shall be affixed on the registered engine or equipment unit at all times so that it may be easily viewed from a distance. Placards shall be purchased at the time of the first renewal or at the time of initial registration, which ever occurs first. Failure to properly maintain the placard shall be deemed a violation of this article.

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. Change without regulatory effect amending subsection (g)(7) filed 10-27-2005 pursuant to section 100, title 1, California Code of Regulations (Register 2005, No. 43).
5. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
6. Amendment of subsections (f), (g)(6) and (l)(5)-(n) 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.
7. Certificate of Compliance as to 4-26-2007 order, including amendment of subsection (g)(6), transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
8. Change without regulatory effect amending subsections (a) and (g)(6) filed 4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 15).
9. Amendment of subsections (a), (g)(6) and (i) filed 12-3-2009; operative 12-3-2009 pursuant to Government Code section 11343.4(c) (Register 2009, No. 49).
10. Amendment of subsections (g)(2)-(4), new subsection (g)(6), subsection renumbering and amendment of newly designated subsection (g)(8) filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
11. Amendment of subsections (f), (h)(1)-(2) and (h)(4), repealer of subsection (i)(1), subsection renumbering and amendment of newly designated subsection (i)(2) and subsection (l) filed 1-20-2011; operative 2-19-2011 (Register 2011, No. 3).
12. Amendment 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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