41750. The Legislature hereby finds and declares all of the
following:
(a) Existing law authorizes each district to impose separate and
sometimes inconsistent emission control requirements for, and to
require separate permits to operate, portable equipment that are used
at various sites throughout the state.
(b) That multiplicity of permits and regulatory requirements
imposes a complex and costly burden on California businesses that
use, hire, provide, and manufacture that equipment.
(c) A uniform, voluntary system of statewide registration and
regulation of portable equipment, consistent with current state and
federal air quality law, is necessary to ensure consistent and
reasonable regulation of that equipment without undue burden on their
owners, operators, and manufacturers.
(d) Portable equipment has attributes of both mobile sources and
stationary sources of air pollution. A separate registration and
emission control program is needed to reflect the unique operating
characteristics of that equipment while providing authority for a
statewide program of emission reduction measures to be applied to
existing in-state, out-of-state, and newly manufactured portable
equipment.
41751. (a) (1) As used in this article, "portable equipment"
includes any portable internal combustion engine and equipment that
is associated with, and driven by, any portable internal combustion
engine.
(2) (A) As used in this article, and except as provided in
subdivision (b), a "portable internal combustion engine" is any
internal combustion engine that, by itself, or contained within or
attached to a piece of equipment, is portable or transportable.
(B) As used in this paragraph, "portable or transportable" means
designed to be, and capable of being, carried or moved from one
location to another. Indicia of portability or transportability
include, but are not limited to, wheels, skids, carrying handles, or
a dolly, trailer, or platform.
(b) Any engine otherwise included in this section is not a
portable internal combustion engine if either of the following
applies:
(1) The engine remains, or will remain, at a fixed location for
more than 12 consecutive months. For purposes of this paragraph, a
"fixed location" is any single site at a building, structure,
facility, or installation.
(2) The engine is used to propel nonroad equipment or a motor
vehicle of any kind, including, but not limited to, a heavy-duty
vehicle.
(c) Portable equipment includes, but is not limited to, any of the
following:
(1) Confined and unconfined abrasive blasting equipment.
(2) Portland concrete batch plants.
(3) Sand and gravel screening, rock crushing, unheated pavement
crushing, and recycling operations equipment.
(4) Consistent with federal law, portable internal combustion
engines used in conjunction with, but not limited to, the following
types of operations or equipment:
(A) Well drilling, including service equipment and work over rigs.
(B) Power generation, excluding cogeneration.
(C) Pumps.
(D) Compressors.
(E) Pile drivers.
(F) Welding.
(G) Cranes.
(H) Wood chippers.
(5) Equipment necessary for the operation of portable equipment.
41752. (a) At the earliest feasible date, but not later than July
1, 1997, the state board shall do all of the following:
(1) Evaluate the emissions from the operation of portable
equipment and identify emission reduction technologies that may be
applied to portable equipment.
(2) After holding at least one public hearing, establish, by
regulation, emission limits and emission control requirements,
consistent with Section 41754, and an optional registration program
for portable equipment that is, or may be, used in more than a single
district.
(b) The registration program shall take effect on the date
specified by the state board in the regulation, but not later than
180 days from the date that the state board adopts the regulation.
(c) The program shall provide for the voluntary registration of
portable equipment, and may provide for the renewal of a registration
not more than once every three years.
(d) (1) The state board may establish a schedule of fees for
purposes of this article to be assessed on persons seeking to
register, or to renew the registration of, portable equipment. The
state board may establish separate fees for the initial registration
and for the renewal of a registration. The fees charged, in the
aggregate, shall not exceed the reasonable cost to the state board of
administering the registration program, and adopting the regulations
specified in Section 41754.
(2) The state board shall, in adopting the regulations specified
in Section 41754, include a uniform statewide district fee schedule
for the recovery of the reasonable costs of enforcement pursuant to
Section 41755.
(e) Notwithstanding Section 41754, the state board may
periodically revise and update the regulations adopted pursuant to
this section, including, but not limited to, revising and updating a
determination of best available control technology (BACT) for
portable internal combustion engines.
41753. (a) (1) It is the intent of the Legislature that the
registration of, and the regulation of emissions from, portable
equipment that is operated in more than one district and that is
subject to the registration program be done on a uniform, statewide
basis by the state board and that the permitting, registration, and
regulation of portable equipment by the districts be preempted.
(2) Notwithstanding paragraph (1), if the owner or operator of
portable equipment elects not to register under the statewide
registration program, the unregistered portable equipment shall be
subject to district permitting requirements pursuant to district
regulations.
(b) On and after the effective date of the statewide registration
program established by the state board pursuant to subdivision (a) of
Section 41752 and upon the registration of portable equipment by the
portable equipment owner or operator, a district shall not, with
respect to the affected portable equipment, do any of the following:
(1) Require a permit for the construction or operation of the
portable equipment.
(2) Assess any fee related to the construction or operation of the
portable equipment, other than that specified in paragraph (2) of
subdivision (d) of Section 41752.
(3) Adopt any emission limit or emission control requirement
applicable to the portable equipment.
(4) Except as provided in Section 41755, enforce any emission
limit or emission control requirement applicable to the portable
equipment.
(c) The state board, in consultation with affected districts,
shall amend the state implementation plan as necessary to include the
statewide registration program and conform the state implementation
plan to its requirements.
41754. (a) The regulations adopted by the state board, on or before
July 1, 1997, shall include, but need not be limited to, provisions
that ensure all of the following:
(1) That emissions from portable equipment subject to the
statewide registration program will not, in the aggregate, interfere
with the attainment or maintenance of state or federal ambient air
quality standards and the emissions from any one portable equipment
engine, exclusive of background concentration, shall not cause an
exceedance of any ambient air quality standard. This paragraph shall
not be construed as requiring portable equipment operators to provide
emission offsets for portable equipment registered under the
program.
(2) (A) That, to the extent not in conflict with federal law, the
registration program preserves the most stringent requirements
adopted by a district which require the use of best available control
technology (BACT) for each class or category of portable equipment
determined appropriate by the state board, and which requirements
were in effect on January 1, 1995. In determining the appropriate
emission limits or emission control technology requirements for
classes and categories of portable equipment, the state board may set
different requirements for portable equipment that is defined by the
state board as California resident portable equipment.
(B) Notwithstanding subparagraph (A) and, to the extent not in
conflict with federal law, the state board may consider technical and
economic feasibility in establishing emission limits or control
equipment requirements for any category or class of existing
California resident portable equipment, if all portable equipment in
that category or class is required to be modified or replaced to meet
BACT or the more stringent of a state or federal emission standard,
at a date determined by the state board.
(3) That any registered portable equipment, including any turbine,
used by the Department of Defense or the National Guard exclusively
for military technical support or other federal emergency purposes,
as specified in the regulations adopted by the state board, is not
subject to any statewide or district emission control or emission
limit.
(b) No emission limit or emission control requirement shall be
established for any portable equipment defined by the state board as
California resident portable equipment unless the state board
determines that the emission limit or emission control requirement is
technologically and economically feasible and is necessary to carry
out the express terms of this division, including, but not limited
to, Section 43013, or to attain or maintain state or federal ambient
air quality standards.
(c) Prior to adopting any emission limit or emission control
requirement, the state board shall consider the magnitude of the
resultant air quality benefits and the potential effects of the
regulation on the costs to businesses that use the portable
equipment.
(d) The emission limits established for any portable equipment or
class of portable equipment shall reflect the effectiveness of all
control equipment installed and operated on the portable equipment or
particular class of portable equipment.
(e) No emission limits other than those established by the state
board for any portable equipment or class of portable equipment shall
be used by a district for purposes of calculating and reporting
emissions from portable equipment subject to this article.
(f) Any recordkeeping and reporting requirements prescribed by the
state board for the purpose of tracking portable equipment
utilization and movement shall be the minimum that is necessary to
provide sufficient emission inventory data and allow adequate
enforcement of the registration program.
(g) Source testing of portable equipment emissions for
registration purposes shall not be required if there is no emission
standard applicable to portable equipment, or if acceptable emissions
data is available. For purposes of this subdivision, "acceptable
emissions data" means emissions data representative of current
portable equipment operations that is either reliable emissions data
from the portable equipment manufacturer or a source test performed
within three years prior to the date that the emissions data is
requested.
41755. (a) Districts shall enforce the statewide registration
program, emission limitations, and emission control requirements
established by the state board pursuant to this article in the same
manner as a district rule or regulation.
(b) (1) Source testing of engines for compliance purposes shall
not be required more frequently than once every three years, except
where evidence of engine tampering, lack of proper engine
maintenance, or other problems or operating conditions that could
affect emissions from the engine are identified.
(2) A district may conduct source testing to determine compliance
with mass emission limits where there is an indication of
noncompliance.
(3) Except as required for purposes of paragraph (2), source
testing of engine emissions for compliance purposes shall not be
required of engines for which there is no applicable emission limit.
41750. The Legislature hereby finds and declares all of the
following:
(a) Existing law authorizes each district to impose separate and
sometimes inconsistent emission control requirements for, and to
require separate permits to operate, portable equipment that are used
at various sites throughout the state.
(b) That multiplicity of permits and regulatory requirements
imposes a complex and costly burden on California businesses that
use, hire, provide, and manufacture that equipment.
(c) A uniform, voluntary system of statewide registration and
regulation of portable equipment, consistent with current state and
federal air quality law, is necessary to ensure consistent and
reasonable regulation of that equipment without undue burden on their
owners, operators, and manufacturers.
(d) Portable equipment has attributes of both mobile sources and
stationary sources of air pollution. A separate registration and
emission control program is needed to reflect the unique operating
characteristics of that equipment while providing authority for a
statewide program of emission reduction measures to be applied to
existing in-state, out-of-state, and newly manufactured portable
equipment.
41751. (a) (1) As used in this article, "portable equipment"
includes any portable internal combustion engine and equipment that
is associated with, and driven by, any portable internal combustion
engine.
(2) (A) As used in this article, and except as provided in
subdivision (b), a "portable internal combustion engine" is any
internal combustion engine that, by itself, or contained within or
attached to a piece of equipment, is portable or transportable.
(B) As used in this paragraph, "portable or transportable" means
designed to be, and capable of being, carried or moved from one
location to another. Indicia of portability or transportability
include, but are not limited to, wheels, skids, carrying handles, or
a dolly, trailer, or platform.
(b) Any engine otherwise included in this section is not a
portable internal combustion engine if either of the following
applies:
(1) The engine remains, or will remain, at a fixed location for
more than 12 consecutive months. For purposes of this paragraph, a
"fixed location" is any single site at a building, structure,
facility, or installation.
(2) The engine is used to propel nonroad equipment or a motor
vehicle of any kind, including, but not limited to, a heavy-duty
vehicle.
(c) Portable equipment includes, but is not limited to, any of the
following:
(1) Confined and unconfined abrasive blasting equipment.
(2) Portland concrete batch plants.
(3) Sand and gravel screening, rock crushing, unheated pavement
crushing, and recycling operations equipment.
(4) Consistent with federal law, portable internal combustion
engines used in conjunction with, but not limited to, the following
types of operations or equipment:
(A) Well drilling, including service equipment and work over rigs.
(B) Power generation, excluding cogeneration.
(C) Pumps.
(D) Compressors.
(E) Pile drivers.
(F) Welding.
(G) Cranes.
(H) Wood chippers.
(5) Equipment necessary for the operation of portable equipment.
41752. (a) At the earliest feasible date, but not later than July
1, 1997, the state board shall do all of the following:
(1) Evaluate the emissions from the operation of portable
equipment and identify emission reduction technologies that may be
applied to portable equipment.
(2) After holding at least one public hearing, establish, by
regulation, emission limits and emission control requirements,
consistent with Section 41754, and an optional registration program
for portable equipment that is, or may be, used in more than a single
district.
(b) The registration program shall take effect on the date
specified by the state board in the regulation, but not later than
180 days from the date that the state board adopts the regulation.
(c) The program shall provide for the voluntary registration of
portable equipment, and may provide for the renewal of a registration
not more than once every three years.
(d) (1) The state board may establish a schedule of fees for
purposes of this article to be assessed on persons seeking to
register, or to renew the registration of, portable equipment. The
state board may establish separate fees for the initial registration
and for the renewal of a registration. The fees charged, in the
aggregate, shall not exceed the reasonable cost to the state board of
administering the registration program, and adopting the regulations
specified in Section 41754.
(2) The state board shall, in adopting the regulations specified
in Section 41754, include a uniform statewide district fee schedule
for the recovery of the reasonable costs of enforcement pursuant to
Section 41755.
(e) Notwithstanding Section 41754, the state board may
periodically revise and update the regulations adopted pursuant to
this section, including, but not limited to, revising and updating a
determination of best available control technology (BACT) for
portable internal combustion engines.
41753. (a) (1) It is the intent of the Legislature that the
registration of, and the regulation of emissions from, portable
equipment that is operated in more than one district and that is
subject to the registration program be done on a uniform, statewide
basis by the state board and that the permitting, registration, and
regulation of portable equipment by the districts be preempted.
(2) Notwithstanding paragraph (1), if the owner or operator of
portable equipment elects not to register under the statewide
registration program, the unregistered portable equipment shall be
subject to district permitting requirements pursuant to district
regulations.
(b) On and after the effective date of the statewide registration
program established by the state board pursuant to subdivision (a) of
Section 41752 and upon the registration of portable equipment by the
portable equipment owner or operator, a district shall not, with
respect to the affected portable equipment, do any of the following:
(1) Require a permit for the construction or operation of the
portable equipment.
(2) Assess any fee related to the construction or operation of the
portable equipment, other than that specified in paragraph (2) of
subdivision (d) of Section 41752.
(3) Adopt any emission limit or emission control requirement
applicable to the portable equipment.
(4) Except as provided in Section 41755, enforce any emission
limit or emission control requirement applicable to the portable
equipment.
(c) The state board, in consultation with affected districts,
shall amend the state implementation plan as necessary to include the
statewide registration program and conform the state implementation
plan to its requirements.
41754. (a) The regulations adopted by the state board, on or before
July 1, 1997, shall include, but need not be limited to, provisions
that ensure all of the following:
(1) That emissions from portable equipment subject to the
statewide registration program will not, in the aggregate, interfere
with the attainment or maintenance of state or federal ambient air
quality standards and the emissions from any one portable equipment
engine, exclusive of background concentration, shall not cause an
exceedance of any ambient air quality standard. This paragraph shall
not be construed as requiring portable equipment operators to provide
emission offsets for portable equipment registered under the
program.
(2) (A) That, to the extent not in conflict with federal law, the
registration program preserves the most stringent requirements
adopted by a district which require the use of best available control
technology (BACT) for each class or category of portable equipment
determined appropriate by the state board, and which requirements
were in effect on January 1, 1995. In determining the appropriate
emission limits or emission control technology requirements for
classes and categories of portable equipment, the state board may set
different requirements for portable equipment that is defined by the
state board as California resident portable equipment.
(B) Notwithstanding subparagraph (A) and, to the extent not in
conflict with federal law, the state board may consider technical and
economic feasibility in establishing emission limits or control
equipment requirements for any category or class of existing
California resident portable equipment, if all portable equipment in
that category or class is required to be modified or replaced to meet
BACT or the more stringent of a state or federal emission standard,
at a date determined by the state board.
(3) That any registered portable equipment, including any turbine,
used by the Department of Defense or the National Guard exclusively
for military technical support or other federal emergency purposes,
as specified in the regulations adopted by the state board, is not
subject to any statewide or district emission control or emission
limit.
(b) No emission limit or emission control requirement shall be
established for any portable equipment defined by the state board as
California resident portable equipment unless the state board
determines that the emission limit or emission control requirement is
technologically and economically feasible and is necessary to carry
out the express terms of this division, including, but not limited
to, Section 43013, or to attain or maintain state or federal ambient
air quality standards.
(c) Prior to adopting any emission limit or emission control
requirement, the state board shall consider the magnitude of the
resultant air quality benefits and the potential effects of the
regulation on the costs to businesses that use the portable
equipment.
(d) The emission limits established for any portable equipment or
class of portable equipment shall reflect the effectiveness of all
control equipment installed and operated on the portable equipment or
particular class of portable equipment.
(e) No emission limits other than those established by the state
board for any portable equipment or class of portable equipment shall
be used by a district for purposes of calculating and reporting
emissions from portable equipment subject to this article.
(f) Any recordkeeping and reporting requirements prescribed by the
state board for the purpose of tracking portable equipment
utilization and movement shall be the minimum that is necessary to
provide sufficient emission inventory data and allow adequate
enforcement of the registration program.
(g) Source testing of portable equipment emissions for
registration purposes shall not be required if there is no emission
standard applicable to portable equipment, or if acceptable emissions
data is available. For purposes of this subdivision, "acceptable
emissions data" means emissions data representative of current
portable equipment operations that is either reliable emissions data
from the portable equipment manufacturer or a source test performed
within three years prior to the date that the emissions data is
requested.
41755. (a) Districts shall enforce the statewide registration
program, emission limitations, and emission control requirements
established by the state board pursuant to this article in the same
manner as a district rule or regulation.
(b) (1) Source testing of engines for compliance purposes shall
not be required more frequently than once every three years, except
where evidence of engine tampering, lack of proper engine
maintenance, or other problems or operating conditions that could
affect emissions from the engine are identified.
(2) A district may conduct source testing to determine compliance
with mass emission limits where there is an indication of
noncompliance.
(3) Except as required for purposes of paragraph (2), source
testing of engine emissions for compliance purposes shall not be
required of engines for which there is no applicable emission limit.
41750. The Legislature hereby finds and declares all of the
following:
(a) Existing law authorizes each district to impose separate and
sometimes inconsistent emission control requirements for, and to
require separate permits to operate, portable equipment that are used
at various sites throughout the state.
(b) That multiplicity of permits and regulatory requirements
imposes a complex and costly burden on California businesses that
use, hire, provide, and manufacture that equipment.
(c) A uniform, voluntary system of statewide registration and
regulation of portable equipment, consistent with current state and
federal air quality law, is necessary to ensure consistent and
reasonable regulation of that equipment without undue burden on their
owners, operators, and manufacturers.
(d) Portable equipment has attributes of both mobile sources and
stationary sources of air pollution. A separate registration and
emission control program is needed to reflect the unique operating
characteristics of that equipment while providing authority for a
statewide program of emission reduction measures to be applied to
existing in-state, out-of-state, and newly manufactured portable
equipment.
41751. (a) (1) As used in this article, "portable equipment"
includes any portable internal combustion engine and equipment that
is associated with, and driven by, any portable internal combustion
engine.
(2) (A) As used in this article, and except as provided in
subdivision (b), a "portable internal combustion engine" is any
internal combustion engine that, by itself, or contained within or
attached to a piece of equipment, is portable or transportable.
(B) As used in this paragraph, "portable or transportable" means
designed to be, and capable of being, carried or moved from one
location to another. Indicia of portability or transportability
include, but are not limited to, wheels, skids, carrying handles, or
a dolly, trailer, or platform.
(b) Any engine otherwise included in this section is not a
portable internal combustion engine if either of the following
applies:
(1) The engine remains, or will remain, at a fixed location for
more than 12 consecutive months. For purposes of this paragraph, a
"fixed location" is any single site at a building, structure,
facility, or installation.
(2) The engine is used to propel nonroad equipment or a motor
vehicle of any kind, including, but not limited to, a heavy-duty
vehicle.
(c) Portable equipment includes, but is not limited to, any of the
following:
(1) Confined and unconfined abrasive blasting equipment.
(2) Portland concrete batch plants.
(3) Sand and gravel screening, rock crushing, unheated pavement
crushing, and recycling operations equipment.
(4) Consistent with federal law, portable internal combustion
engines used in conjunction with, but not limited to, the following
types of operations or equipment:
(A) Well drilling, including service equipment and work over rigs.
(B) Power generation, excluding cogeneration.
(C) Pumps.
(D) Compressors.
(E) Pile drivers.
(F) Welding.
(G) Cranes.
(H) Wood chippers.
(5) Equipment necessary for the operation of portable equipment.
41752. (a) At the earliest feasible date, but not later than July
1, 1997, the state board shall do all of the following:
(1) Evaluate the emissions from the operation of portable
equipment and identify emission reduction technologies that may be
applied to portable equipment.
(2) After holding at least one public hearing, establish, by
regulation, emission limits and emission control requirements,
consistent with Section 41754, and an optional registration program
for portable equipment that is, or may be, used in more than a single
district.
(b) The registration program shall take effect on the date
specified by the state board in the regulation, but not later than
180 days from the date that the state board adopts the regulation.
(c) The program shall provide for the voluntary registration of
portable equipment, and may provide for the renewal of a registration
not more than once every three years.
(d) (1) The state board may establish a schedule of fees for
purposes of this article to be assessed on persons seeking to
register, or to renew the registration of, portable equipment. The
state board may establish separate fees for the initial registration
and for the renewal of a registration. The fees charged, in the
aggregate, shall not exceed the reasonable cost to the state board of
administering the registration program, and adopting the regulations
specified in Section 41754.
(2) The state board shall, in adopting the regulations specified
in Section 41754, include a uniform statewide district fee schedule
for the recovery of the reasonable costs of enforcement pursuant to
Section 41755.
(e) Notwithstanding Section 41754, the state board may
periodically revise and update the regulations adopted pursuant to
this section, including, but not limited to, revising and updating a
determination of best available control technology (BACT) for
portable internal combustion engines.
41753. (a) (1) It is the intent of the Legislature that the
registration of, and the regulation of emissions from, portable
equipment that is operated in more than one district and that is
subject to the registration program be done on a uniform, statewide
basis by the state board and that the permitting, registration, and
regulation of portable equipment by the districts be preempted.
(2) Notwithstanding paragraph (1), if the owner or operator of
portable equipment elects not to register under the statewide
registration program, the unregistered portable equipment shall be
subject to district permitting requirements pursuant to district
regulations.
(b) On and after the effective date of the statewide registration
program established by the state board pursuant to subdivision (a) of
Section 41752 and upon the registration of portable equipment by the
portable equipment owner or operator, a district shall not, with
respect to the affected portable equipment, do any of the following:
(1) Require a permit for the construction or operation of the
portable equipment.
(2) Assess any fee related to the construction or operation of the
portable equipment, other than that specified in paragraph (2) of
subdivision (d) of Section 41752.
(3) Adopt any emission limit or emission control requirement
applicable to the portable equipment.
(4) Except as provided in Section 41755, enforce any emission
limit or emission control requirement applicable to the portable
equipment.
(c) The state board, in consultation with affected districts,
shall amend the state implementation plan as necessary to include the
statewide registration program and conform the state implementation
plan to its requirements.
41754. (a) The regulations adopted by the state board, on or before
July 1, 1997, shall include, but need not be limited to, provisions
that ensure all of the following:
(1) That emissions from portable equipment subject to the
statewide registration program will not, in the aggregate, interfere
with the attainment or maintenance of state or federal ambient air
quality standards and the emissions from any one portable equipment
engine, exclusive of background concentration, shall not cause an
exceedance of any ambient air quality standard. This paragraph shall
not be construed as requiring portable equipment operators to provide
emission offsets for portable equipment registered under the
program.
(2) (A) That, to the extent not in conflict with federal law, the
registration program preserves the most stringent requirements
adopted by a district which require the use of best available control
technology (BACT) for each class or category of portable equipment
determined appropriate by the state board, and which requirements
were in effect on January 1, 1995. In determining the appropriate
emission limits or emission control technology requirements for
classes and categories of portable equipment, the state board may set
different requirements for portable equipment that is defined by the
state board as California resident portable equipment.
(B) Notwithstanding subparagraph (A) and, to the extent not in
conflict with federal law, the state board may consider technical and
economic feasibility in establishing emission limits or control
equipment requirements for any category or class of existing
California resident portable equipment, if all portable equipment in
that category or class is required to be modified or replaced to meet
BACT or the more stringent of a state or federal emission standard,
at a date determined by the state board.
(3) That any registered portable equipment, including any turbine,
used by the Department of Defense or the National Guard exclusively
for military technical support or other federal emergency purposes,
as specified in the regulations adopted by the state board, is not
subject to any statewide or district emission control or emission
limit.
(b) No emission limit or emission control requirement shall be
established for any portable equipment defined by the state board as
California resident portable equipment unless the state board
determines that the emission limit or emission control requirement is
technologically and economically feasible and is necessary to carry
out the express terms of this division, including, but not limited
to, Section 43013, or to attain or maintain state or federal ambient
air quality standards.
(c) Prior to adopting any emission limit or emission control
requirement, the state board shall consider the magnitude of the
resultant air quality benefits and the potential effects of the
regulation on the costs to businesses that use the portable
equipment.
(d) The emission limits established for any portable equipment or
class of portable equipment shall reflect the effectiveness of all
control equipment installed and operated on the portable equipment or
particular class of portable equipment.
(e) No emission limits other than those established by the state
board for any portable equipment or class of portable equipment shall
be used by a district for purposes of calculating and reporting
emissions from portable equipment subject to this article.
(f) Any recordkeeping and reporting requirements prescribed by the
state board for the purpose of tracking portable equipment
utilization and movement shall be the minimum that is necessary to
provide sufficient emission inventory data and allow adequate
enforcement of the registration program.
(g) Source testing of portable equipment emissions for
registration purposes shall not be required if there is no emission
standard applicable to portable equipment, or if acceptable emissions
data is available. For purposes of this subdivision, "acceptable
emissions data" means emissions data representative of current
portable equipment operations that is either reliable emissions data
from the portable equipment manufacturer or a source test performed
within three years prior to the date that the emissions data is
requested.
41755. (a) Districts shall enforce the statewide registration
program, emission limitations, and emission control requirements
established by the state board pursuant to this article in the same
manner as a district rule or regulation.
(b) (1) Source testing of engines for compliance purposes shall
not be required more frequently than once every three years, except
where evidence of engine tampering, lack of proper engine
maintenance, or other problems or operating conditions that could
affect emissions from the engine are identified.
(2) A district may conduct source testing to determine compliance
with mass emission limits where there is an indication of
noncompliance.
(3) Except as required for purposes of paragraph (2), source
testing of engine emissions for compliance purposes shall not be
required of engines for which there is no applicable emission limit.
