(a) For TSE, no air contaminant shall be discharged into the atmosphere, other than uncombined water vapor, for a period or periods aggregating more than three minutes in any one hour which is as dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke designated as No. 2 on the Ringelmann Chart. No other requirements of this section are applicable to TSE.(b) Registered diesel pile-driving hammers shall comply with the applicable provisions of section 41701.5 of the California Health and Safety Code and are otherwise exempt from further requirements of this section.(c) 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 further requirements of this section, except for subdivision (f)(4).(d) Registered diesel engines used on 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 further requirements of this section, except for subdivision (f)(4).(e) To be registered in the Statewide Registration Program, a registered engine rated less than 50 brake horsepower shall be a certified compression-ignition engine or a certified spark-ignition engine, unless no emission standards exist for that brake horsepower and year of manufacture. No other requirements of this section are applicable to portable engines rated less than 50 brake horsepower.(f) Engines rated equal to, or greater than 50 bhp registered under this article shall: (1) be certified compression-ignition engines or certified spark-ignition engines that are certified to the most stringent emissions standard in effect for the applicable horsepower range at the time the application for initial registration is submitted by the responsible official. Spark-ignition engines that are not certified spark-ignition engines may be registered if they meet the emission standards in Table 1. Subdivision (f)(1) does not apply to the following:(A) For flexibility engines rated at 50 bhp to 750 bhp, Tier 3 or Tier 4 interim engines;(B) For flexibility engines rated over 750 bhp, Tier 2 or Tier 4 interim engines;(C) engines that are resident engines;(D) engines on dedicated snow removal vehicles as defined in title 13, Cal. Code Regs., section 2449(c);(E) changes of ownership;(F) engines that meet the requirements of title 17, Cal. Code Regs., section 93116.3.1; or(G) Tier 3 engines approved to operate in hazardous locations per 29 CFR part 1910.307 or 1926.407.(2) meet all applicable requirements in title 17, Cal. Code Regs., sections 93116 through 93116.5, except that engines used on vessels as defined in title 17, Cal. Code Regs., section 93118.5(d) shall meet the applicable requirements of title 17, Cal. Code Regs., section 93118.5;(3) use only CARB diesel fuel as defined in title 17, Cal. Code Regs., section 93116.2, or other fuels and/or additives that have been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines;(4) not discharge air contaminants into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity; and(5) for registered engines operating within STW:(A) the offset requirements of the corresponding onshore district apply. Authorization from the corresponding onshore district is required prior to operating within STW. If authorization is in the form of a current district permit, the terms and conditions of the district permit supersede the requirements of the statewide registration for the project, except that the most stringent of the technology and emission concentration limits required by the district permit or statewide registration are applicable. If the registered engine does not have a current district permit, the terms and conditions of the statewide registration apply, and the corresponding onshore district may require offsets pursuant to district rules and regulations. The requirement for district offsets shall not apply to the owner or operator of an engine(s) registered in the statewide registration program when the engine(s) is operated at a stationary source permitted by the district; and(B) the corresponding onshore district may perform an ambient air quality impact analysis (AQIA) for the proposed project prior to granting authorization. The owner or operator of engine(s) registered in the statewide registration program shall be required, at the request of the district, to submit any information deemed by the district to be necessary for performing the AQIA. Statewide registration shall not be valid at any location where the AQIA demonstrates a potential violation of an ambient air quality standard.(6) Effective January 1, 2010, all registered spark-ignition engines rated at 50 brake horsepower or greater must be certified spark-ignition engines or must meet Table 1 requirements.(g) All registered engines must be equipped with a functioning non-resettable hour meter, fuel meter or other operation tracking device approved by the Executive Officer.(h) Registered TSE is exempt from district New Source Review and Title V programs, including any offset requirements. Further, emissions from registered TSE shall not be included in Title V or New Source Review applicability determinations.(i) 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 further requirements of this section, except for subdivision (f)(4).(j) Registered diesel engines used on two-engine vehicles shall comply with the applicable requirements of title 13 Cal. Code Regs., sections 2449 and 2449.1, and are otherwise exempt from further requirements of this section, except for subdivision (f)(4).(k) Registered diesel engines approved for use in hazardous locations per 29 CFR part 1910.307 or 29 CFR part 1926.407 shall only operate under this Article until January 1, 2029.Cal. Code Regs. Tit. 13, § 2456
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 of section and Tables 1 and 2 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, repealer of Table 1, renumbering of tables and amendment of newly designated Table 1 filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment of subsection (d)(5) and new subsections (k)-(k)(2) 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.
5. Reinstatement of section as it existed prior to 12-27-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2007, No. 17).
6. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
7. Amendment of subsections (a), (c) and (d)(1), repealer of subsections (d)(1)(A)-(C) and new subsection (d)(10) 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.
8. Certificate of Compliance as to 4-26-2007 order, including amendment of subsection (d)(1), transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
9. New subsections (c)-(d), subsection relettering and amendment of newly designated subsections (e) and (f)(1) 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).
10. Amendment of subsections (f), (f)(2) and (f)(10) and new subsections (f)(11)-(f)(11)(D) and (i) filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
11. Amendment of subsections (c), (d), (f)(1), (f)(3), (f)(7) and (g) 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.
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 of section and Tables 1 and 2 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, repealer of Table 1, renumbering of tables and amendment of newly designated Table 1 filed 8-2-2005; operative 9-1-2005 (Register 2005, No. 31).
4. Amendment of subsection (d)(5) and new subsections (k)-(k)(2) 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.
5. Reinstatement of section as it existed prior to 12-27-2006 emergency amendment by operation of Government Code section 11346.1(f) (Register 2007, No. 17).
6. Amendment filed 4-26-2007; operative 4-27-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 17).
7. Amendment of subsections (a), (c) and (d)(1), repealer of subsections (d)(1)(A)-(C) and new subsection (d)(10) 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.
8. Certificate of Compliance as to 4-26-2007 order, including amendment of subsection (d)(1), transmitted to OAL 7-31-2007 and filed 9-12-2007 (Register 2007, No. 37).
9. New subsections (c)-(d), subsection relettering and amendment of newly designated subsections (e) and (f)(1) 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).
10. Amendment of subsections (f), (f)(2) and (f)(10) and new subsections (f)(11)-(f)(11)(D) and (i) filed 10-19-2010; operative 10-19-2010 pursuant to Government Code section 11343.4 (Register 2010, No. 43).
11. Amendment of subsections (c), (d), (f)(1), (f)(3), (f)(7) and (g) 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).