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 2458 - Recordkeeping and Reporting

Universal Citation: 13 CA Code of Regs 2458

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

(a) The recordkeeping requirements for registered engines and equipment units are as follows:

(1) The requirements in subdivision (a)(2) are not applicable to the following:
(A) Engines and equipment units owned by a rental business;

(B) Engines and equipment units used in a third-party rental;

(C) Certified compression-ignition engines and certified spark-ignition engines owned by a PEPS;

(D) Engines used on a crane;

(E) Engines used on a street sweeper;

(F) Engines on a two-engine vehicle;

(G) Engines used on a water well drilling rig; and

(H) Tactical Support Equipment.

(2) The operator of registered engines or equipment units, including engines otherwise preempted under section 209(e) of the federal Clean Air Act, shall maintain records of operation of each registered engine and equipment unit. The records shall be maintained at a central place of business for five years, and made accessible to the Executive Officer or districts upon request. Records shall include, at a minimum, all of the following:
(A) Engine or equipment unit registration number;

(B) For registered equipment units subject to a daily and/or annual operational limitation, daily and/or annual records as appropriate of process throughput.

(C) For equipment units subject to the requirements of section 2457(b)(3), daily throughput shall be the sum of measurements of material introduced into the equipment unit by weight. These measurements shall be taken at the initial loading point.

(D) For equipment units, the specific location where the registered equipment unit is located (i.e. street address and city; or county and UTM coordinates; or other location indicator) shall be recorded each time the equipment unit is brought to a new location including relocation for the purposes of storage. The date the equipment unit was placed at the new location shall also be recorded.

(E) For engines, the specific location where the registered engine is located (i.e. street address and city; or county and UTM coordinates; or other location indicator) shall be recorded no less than once a month.

(b) The recordkeeping requirements for registered engines and equipment units owned by a rental business or involved in a third-party rental are as follows:

(1) A rental business or the owner of a registered engine or equipment unit involved in a third party rental shall:
(A) provide each person who rents a registered engine or equipment unit with a written copy of the registration for each engine or equipment unit as a part of the rental agreement; and

(B) maintain written evidence of receipt of the registration(s) by the person who rents the registered engine or equipment unit.

(2) A rental business or the owner of a registered engine or equipment unit involved in a third party rental shall provide a written log to be kept with the registered engine or equipment unit for the purpose of documenting compliance with the requirements specified in section 2458(b)(5). Separate logs may be kept for each rental transaction, but the rental business must maintain the records contained in each log on a calendar year basis for each registered engine or equipment unit. All previous annual logs shall be kept at a central place of business for five years, and made accessible to the Executive Officer or districts upon request.

(3) The written rental or lease agreement, or other equivalent document as approved by the Executive Officer, must be made available to the Executive Officer or districts no later than 2 business days after the request.

(4) A rental business or the owner of a registered engine or equipment unit involved in a third party rental shall maintain records for each rental or lease transaction. The records shall be maintained at a central place of business for five years, and made accessible to the Executive Officer or districts upon request. Records shall include, at a minimum, all of the following:
(A) company identification number that can be cross referenced with the engine or equipment unit registration number; and

(B) dates for the start and end of the rental transaction.

(5) The renter of a registered engine or equipment unit shall maintain records in the written log specified in section 2458(b)(2) for each rental or lease transaction that include the following:
(A) For equipment units subject to a daily and/or annual operational limitation, daily and/or annual records as appropriate of process throughput. If the equipment unit is subject to the requirements of section 2457(b)(3), daily throughput shall be the sum of measurements of material introduced into the equipment unit by weight. These measurements shall be taken at the initial loading point;

(B) For equipment units, the specific location (i.e. street address and city; or county and UTM coordinates; or other location indicator) where the registered equipment unit is located while out on rent and the date shall be recorded each time the equipment unit is brought to a different location; and

(C) For engines, the specific location (i.e. street address and city; or county and UTM coordinates; or other location indicator) and date where the registered engine is located while out on rent shall be recorded no less than once a month.

(c) For TSE, each military installation shall provide the Executive Officer an annualreport, in a format approved by the Executive Officer, within 60 days after the end of each calendar year. The report shall include the number, type, and rating of registered TSE at each installation as of December 31 of that calendar year. The applicable fees shall be submitted pursuant to section 2461. Any variation of registered TSE to actual TSE shall be accounted for in this annual report, and the Executive Officer shall issue an updated TSE list accordingly. A renewal registration will be issued with the updated TSE list every three years according to expiration date.

(d) For each registered engine subject to the requirements of title 17, Cal. Code Regs., section 93116, the owner shall keep records and submit reports in accordance with title 17, Cal. Code Regs., section 93116.4.

(e) The owner of a registered equipment unit shall provide the Executive Officer an annual report signed by the responsible official, in a format approved by the Executive Officer, by March 1 of each calendar year containing all of the following information:

(1) the reporting year;

(2) the registration number of each registered equipment unit; and

(3) annual summaries of the total process weight or throughput for each district in which the registered equipment unit was operated.

(f) Records requests made by a district or Executive Officer shall be made to the responsible official. The responsible official shall provide the requested records within 30 days from receipt of the request. Failure to provide the records by the specified date shall be deemed a violation of this article.

(g) Except for districts that have been submitting all of their inspection reports electronically to the Executive Officer, each district shall provide the Executive Officer with an annual report by March 31 following the year in which the information was collected containing all of the following information:

(1) the registration number of each registered engine and equipment unit inspected; and

(2) summary of results for each inspection.

(h) Registered diesel engines used on a crane shall comply with the applicable requirements in title 13, Cal. Code Regs., section 2449 and are otherwise exempt from the requirements of this section.

(i) Registered diesel engines used in a street sweeper that are not subject to the requirements of title 13, Cal. Code Regs., section 2022 shall comply with the applicable requirements in title 13, Cal. Code Regs., section 2025 and are otherwise exempt from the requirements of this section.

(j) Registered diesel engines used on a water well drilling rig shall comply with the applicable requirements in title 13, Cal. Code Regs., section 2449 and are otherwise exempt from the requirements of this section.

(k) Registered diesel engines shall submit an hour meter reading with the renewal payment for each engine being renewed per section 2461 of this regulation. The fleet owner must specify the date which the reading was taken, and the reading must be taken within 12 months prior to the expiration date of the registration.

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 filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
5. Amendment of subsection (a), new subsection (a)(4), subsection renumbering, amendment of subsections (b)-(b)(1) and (f)(4)-(5) and new subsection (f)(6) 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 transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
7. Change without regulatory effect amending subsections (a)(2)(A) and (a)(6) filed 4-7-2008 pursuant to section 100, title 1, California Code of Regulations (Register 2008, No. 15).
8. Amendment of subsections (a), (a)(2)(A) and (e) and new subsections (k)-(l) 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. Repealer of subsections (j)-(j)(2), subsection relettering, amendment of newly designated subsections (j)-(k) and new subsection (l) filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
10. Amendment filed 1-20-2011; operative 2-19-2011 (Register 2011, No. 3).
11. 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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