Section 93116.4 - Fleet Recordkeeping and Reporting Requirements(a) The owner or operator of a fleet is not subject to the requirements of this section if each portable diesel-fueled engine in the fleet satisfies any one of the following requirements: (1) the portable diesel-fueled engine is certified to Tier 4 interim or Tier 4 final emission standards for newly manufactured nonroad engines; or(2) the portable diesel-fueled engine is equipped with a properly functioning level-3 verified technology.(b) The Responsible Official of a fleet must:(1) Keep and maintain records for: (A) alternative-fueled portable engines used as part of a company's fleet average, except as provided in section 93116.4(c); and(B) portable diesel-fueled engines affected by the use of electrification; and(C) portable diesel-fueled low-use engines; and(D) portable diesel-fueled emergency-use engines.(2) The Responsible Official, for all portable engines subject to section 93116.4(b)(1), must: (A) install or cause to be installed and properly maintained on each portable engine subject to recordkeeping a non-resettable hour-meter; and(B) maintain on a calendar year basis a record of the total hours of operation for each portable engine. If the portable engine is used out-of-state, then the records may account for operation within California only, excluding operation within the OCS; and(C) maintain on a calendar year basis a record of the types of operations for emergency-use engines. The records must include the specific nature of the emergency or emergency event and the dates the emergency or emergency event occurred; and(D) maintain all required records at a central place of business for five years. The records must clearly identify each portable engine subject to the recordkeeping requirement as well as the annual hours of operation. These records are to be made available, upon request for inspection, to local air pollution control district or CARB personnel. The requested records must be provided to the appropriate personnel within ten business days of the request.(3) The Responsible Official of a fleet electing to use electrification in determining the fleet average must: (A) notify the Executive Officer identifying the dates, location, duration of the project, and a description of the project that will rely on electrification instead of using portable diesel-fueled engines as specified in section 93116.3(d)(2)(A)1. The notification must be provided prior to the start of the project;(B) identify each portable diesel-fueled engine affected by the use of electrification as specified in section 93116.3(d)(2)(A)1., including: make, model, serial number, year of manufacture for each engine, emission factor (g/bhp-hr) and district permit or State/district registration number;(C) must clearly identify the electrification activity as specified in section 93116.3(d)(2)(A)1., including indicating the amount of electricity used and the time period for the project;(D) must retain copies of contracts or other documentation, with the project proponent and/or applicable utility, supporting the use of grid power as specified in section 93116.3(d)(2)(A)1.;(E) For engines replaced by electrification as specified in section 93116.3(d)(2)(A)2., provide the registration number of the engine; and(F) For electrification in lieu of installing a diesel engine as specified in section 93116.3(d)(2)(A)3., provide the manufacturer, model, and brake horsepower rating of the engine that was not installed.(c) Effective January 1, 2008, for alternative-fueled engines added to a fleet prior to January 1, 2009, the Responsible Official must:(1) install or cause to be installed and properly maintained on each portable engine subject to recordkeeping a non-resettable hour-meter; and(2) maintain on a calendar year basis a record of the total hours of operation for each portable engine. If the portable engine is used out-of-state, then the records may account for operation within California only, excluding operation within the OCS; and(3) maintain all required records at a central place of business for five years. The records must clearly identify each portable engine subject to the recordkeeping requirement as well as the annual hours of operation. These records are to be made available, upon request for inspection, to local air pollution control district or CARB personnel. The requested records must be provided to the appropriate personnel within ten business days of the request.(d) The Responsible Official of the fleet must provide the following reports to the Executive Officer: (1) For low-use engines in the fleet, the responsible official must submit a report by March 1 of each calendar year indicating the following:(A) The permit or registration number of each low-use engine; and(B) The hour meter readings taken at the beginning and end of the previous calendar year for each low-use engine.(2) For large fleets subject to the requirements of section 93116.3(c)(2), a statement of compliance signed by the Responsible Official that the fleet standards are being achieved and a summary that identifies each portable engine in the fleet and the associated emission rate (g/bhp-hr). Portable engines included in the fleet are those that are part of the fleet at the time the fleet standard became effective. The engine identification must include, at a minimum, registration number, bhp rating, engine family name, serial number, and year of manufacture for each engine. Alternative-fueled engines must be identified by fuel type. The statements of compliance are due to the Executive Officer at the following times:(A) Upon application to add an engine to the fleet for any Tier 1 engine, Tier 2 engine, Tier 3 engine, including flexibility engines built to those standards.(B) Upon a request to remove a Tier 4 interim engine or a Tier 4 final engine from a fleet, except for engine dealers and rental businesses.(C) March 1, 2020, for the fleet standards that become effective January 1, 2020; and(D) March 1, 2023, for the fleet standards that become effective January 1, 2023; and(E) March 1, 2027 for the fleet standards that become effective January 1, 2027.(3) The Responsible Official must identify to the Executive Officer, as part of each compliance report required by section 93116.4(d)(2), the specific portable diesel-fueled engines, if any, used exclusively in emergency applications. The list must include the registration number for each portable diesel-fueled engine.(4) The Responsible Official must identify to the Executive Officer, as part of each compliance report required by section 93116.4(d)(2), the specific portable diesel-fueled engines, if any, excluded from the fleet because the portable diesel-fueled engine operated exclusively outside of California or operated only within the OCS. The list must include for each portable diesel-fueled engine: the serial number, year of manufacture, and district permit or registration number for each engine.(5) If compliance with the fleet average includes the use of electrification, the Responsible Official must provide documentation supporting the credit claimed for electrification.(6) As part of each compliance report required by section 93116.4(d)(2), the Responsible Official must, if applicable, certify the following: (A) all portable alternative-fueled engines included in the fleet average operated at least 100 hours during the previous 12 months prior to the fleet emission standard becoming effective.(B) for all portable diesel-fueled emergency-use engines, the engines were used only for emergency applications.(7) After March 1, 2020, the APCO or the Executive Officer may require the submittal of additional information demonstrating compliance with the applicable fleet standard. Upon receiving the request, the Responsible Official must provide the requested information within 30 days.(e) For fleets that are exempted from the requirements of section 93116.4 pursuant to section 93116.4(a), the Responsible Official must certify that all portable diesel-fueled engines in the fleet satisfy the requirements of section 93116.4(a). The Responsible Official must provide the certification statement and a list of the portable diesel-fueled engines in the fleet to the Executive Officer when the fleet initially satisfies the requirements of section 93116.4(a). The list of engines must identify the serial number, and district permit or State/district registration number for each engine.Cal. Code Regs. Tit. 17, § 93116.4
1. New section filed 2-9-2005; operative 3-11-2005 (Register 2005, No. 6).
2. Amendment of section and NOTE 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, 39650, 39658, 39659, 39666, 41752, 41754, 43013 and 43018 Health and Safety Code. Reference: Sections 39650, 39666, 41752 and 41754, Health and Safety Code.
1. New section filed 2-9-2005; operative 3-11-2005 (Register 2005, No. 6).
2. Amendment of section and Note filed 9-24-2018; operative 11/30/2018 pursuant to Government Code section 11343.4(b)(3) (Register 2018, No. 39).