Cal. Code Regs. tit. 17 § 93115.8

Current through Register 2024 Notice Reg. No. 25, June 21, 2024

Section 93115.8 - ATCM for Stationary CI Engines - Emission Standards for Stationary Diesel-Fueled CI Engines (>50 Bhp) Used in Agricultural Operations

(a)Emission Standards for New Stationary Diesel-Fueled CI Engines ( >50 bhp) Used in Agricultural Operations.

(1) As of January 1, 2005, except as provided in sections 93115.3, 93115.8(a)(1)(A)5., and 93115.8(a)(2), no person shall sell, purchase, or lease for use in California any new stationary diesel-fueled engine to be used in agricultural operations that has a rated brake horsepower greater than 50, or operate any new stationary diesel-fueled engine to be used in agricultural operations that has a rated brake horsepower greater than 50, unless the engine meets all of the following emission performance standards (which are summarized in Table 6.):

Table 6: Summary of the Emission Standards for New Stationary Diesel-Fueled CI Engines > 50 BHP Used In Agricultural Operations (See section 93115.8(a))

*Horsepower Range (hp)*	*Diesel PM Diesel PM Standards (g/bhp-hr)*	*Other Pollutants HC, NOx, NMHC+NOx, and CO Standards (g/bhp-hr)*
	Less Than or Equal to 0.30¹

	OR
All Applications Greater Than
50 But Less Than 100, Other Than Generator Sets	Off-Road CI Engine Certification Standard for an off-road engine of the same maximum rated power, whichever is more stringent

	Less Than or Equal to 0.22¹

	OR
All Applications Greater Than or Equal to		Off-Road CI Engine Certification Standard for an off-road engine of the model year and maximum rated power
100 But Less Than 175, Other Than Generator Sets	Off-Road CI Engine Certification Standard for an off-road engine of the same maximum rated power, whichever is more stringent	of the engine installed to meet the applicable PM standard, or Tier 1 standards.¹

	Less than or Equal to 0.15¹

All Applications Greater Than or
Equal to 175,	OR
Other Than
Generator Sets	Off-Road Engine Certification Standard for an off-road engine of the same maximum rated power, whichever is more stringent

	Less Than or Equal to 0.15¹

	OR
Generator Set
Engines Greater Than 50	Off-Road CI Engine Certification Standard for an off-road engine of the same maximum rated power, whichever is more stringent.
1. Prior to January 1, 2008, these limits shall not apply to engines sold from one agricultural operation to another and funded under State or federal incentive funding programs, as specified in 93115.8(a)(2).

(A)Diesel PM Standard:

1. New agricultural stationary diesel-fueled CI engines, used in all agricultural operations except generator set applications with a maximum rated horsepower greater than 50 but less than 100 shall emit no more than 0.30 g/bhp-hr diesel particulate matter (PM) limit or shall meet the standards, as specified in the Off-Road Compression- Ignition Engine Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423), in effect on the date of acquisition or submittal, as defined in section 93115.4, whichever is more stringent; and

2. New agricultural stationary diesel-fueled CI engines, used in all agricultural operations except generator set applications with a maximum rated horsepower greater than or equal to 100 but less than 175 shall emit no more than 0.22 g/bhp-hr diesel particulate matter (PM) limit or shall meet the standards, as specified in the Off-Road Compression-Ignition Engine Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423), in effect on the date of acquisition or submittal, as defined in section 93115.4 whichever is more stringent; and

3. New agricultural stationary diesel-fueled CI engines, used in all agricultural operations except generator set applications with a maximum rated horsepower greater than or equal to 175 shall emit no more than 0.15 g/bhp-hr diesel PM or shall meet the standards, as specified in the Off-Road Compression Ignition Engine Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423), in effect on the date of acquisition or submittal, as defined in section 93115.4, whichever is more stringent; and

4. New agricultural stationary diesel-fueled CI engines, used in generator set applications with a maximum rated horsepower greater than 50, shall emit no more than 0.15 g/bhp-hr diesel PM, or shall meet the standards, as specified in the Off-Road Compression-Ignition Engine Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423), in effect on the date of acquisition or submittal, as defined in section 93115.4, whichever is more stringent;

5. On a site-specific basis, a District may extend compliance with sections 93115.8(a)(1)(A)1. through 4. up to four years provided:

a. The District determines that an engine meeting sections 93115.8(A)1. through 4. would exceed the District's threshold for significant risk pursuant to H&SC section 44391 (AB 2588 "Hot Spots" Program), and

b. No later than four years after the applicable initial compliance date for sections 93115.8(a)(1)(A)1. through 4., one of the following is installed:

(i.) an electric motor;

(ii.) an engine greater than 50 bhp but less than 75 bhp that does not exceed 0.02 g/bhp-hr PM; or

(iii.) an engine greater than 75 bhp that does not exceed 0.01 g/bhp-hr diesel PM.

(B)NMHC, NOx, and CO Standards: New agricultural stationary diesel-fueled CI engines shall meet the HC, NOx, (or NMHC+NOx, if applicable) and CO standards for off-road engines of the same model year and maximum rated power, as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no limits have been established for an off-road engine of the same model year and maximum rated power as the new agricultural stationary diesel-fueled CI engine, then the new agricultural stationary diesel-fueled CI engine shall meet the Tier 1 standards in title 13, CCR, section 2423, for an off-road engine of the same maximum rated power, irrespective of the new agricultural diesel-fueled CI engine's model year.

(2) Prior to January 1, 2008, the requirements of section 93115.8(a)(1) shall not apply to any stationary diesel-fueled CI engine that:

(A) is used in agricultural operations; and

(B) was funded under a State or federal incentive funding program; and

(C) was sold for use in another agricultural operation, provided the stationary diesel-fueled CI engine complies with Tier II Off-Road Compression Ignition Standards for off-road engines of the same maximum rated power (title 13, CCR, section 2423).

For purposes of this section, State or federal incentive funding programs include, but are not limited to, California's Carl Moyer Program, as set forth in title 17, Part 5, Chapter 9 of the California Health and Safety Code, and the U.S. Department of Agriculture's Environmental Quality Incentives Program (EQIP), as set forth in title 7, Chapter XIV, Part 1466 of the Code of Federal Regulations.

(b)Emission Standards for In-Use Stationary Diesel-Fueled CI Engines ( >50 bhp) Used in Agricultural Operations.

(1) Except as provided in sections 93115.3 and 93115.8(b)(5) through (7), no owner or operator shall operate an in-use stationary diesel-fueled CI engine greater than 50 bhp in an agricultural operation in California unless it meets the requirements in sections 93115.8(b)(2) through (4) (which are summarized in Tables 7 and 8):

Table 7: Emission Standards Noncertified Greater than 50 BHP In-Use Stationary Diesel-Fueled Engines Used in Agricultural Operations See sections 93115.8(b)(2) and (4)

*Horsepower Range (hp)*	*Application*	*Compliance*	*Diesel PM*	*HC, NOx, NMHC+NOx, and CO*
		*On or After December 31*	*Not to Exceed (g/bhp-hr)*	*Not to Exceed (g/bhp-hr)*
Greater Than 50	Generator Sets	2015	0.02	Off-Road CI
But Less Than 75	All Other	2011	0.30	Engine
	Applications			Certification
				Standards for an
Greater Than or	Generator Sets	2015	0.01	off-road engine
Equal to 75 But	All Other	2011	0.30	of the model year
Less Than 100	Applications			and maximum
				rated power of
Greater Than or	Generator Sets	2015	0.01	the engine
Equal to 100 But	All Other	2010	0.22	installed to meet
Less Than 175	Applications			the applicable
				PM standard.¹
Greater Than or	All Applications	2010	0.15
Equal to 175 But

Less Than or
Equal to 750
Greater Than 750	All Applications	2014	0.075
__________
1. If no limits have been established for an off-road engine of the same model year and maximum rated power, then the in-use stationary diesel-fueled engine used in an agricultural operation shall not exceed Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power irrespective of model year.

Table 8: Emission Standards Tier 1- and Tier 2-Certified Greater than 50 BHP In-Use Stationary Diesel-Fueled Engines Used in Agricultural Operations See sections 93115.8(b)(3) and (4)

*Horsepower Range (hp)*	*Compliance*	*Diesel PM*	*HC, NOx, NMHC+NOx, and CO*
	*On or After December 31*	*Not to Exceed (g/bhp-hr)*	*Not to Exceed (g/bhp-hr)*
Greater Than 50 But Less Than 75	2015 or 12 years after the date of initial installation, whichever is later	0.02	Off-Road CI Engine Certification Standards for an off-road engine of the model year and
Greater Than or Equal to 75 But Less Than 175	2015 or 12 years after the date of initial installation, whichever is later	0.01	maximum rated power of the engine installed to meet the applicable PM standard.¹
Greater Than or Equal to 175 But Less Than or Equal to 750	2014 or 12 years after the date of initial installation, whichever is later	0.01
Greater Than 750	2014 or 12 years after the date of initial installation, whichever is later	0.075
__________
1. If no limits have been established for an off-road engine of the same model year and maximum rated power, then the in-use stationary diesel-fueled engine used in an agricultural operation shall not exceed Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power irrespective of model year.

(2)Diesel PM Standards for Noncertified In-use Stationary Diesel-fueled CI Engines Used in Agricultural Operations (except as provided in section 93115.3):

(A) On or after December 31, 2015, no owner or operator shall operate any greater than 50 but less than 75 bhp noncertified stationary diesel-fueled generator set engine used in an agricultural operation unless such generator set engine's diesel PM emissions do not exceed 0.02 g/bhp-hr.

(B) On or after December 31, 2015, no owner or operator shall operate any greater than or equal to 75 but less than 175 bhp noncertified stationary diesel-fueled generator set engine used in an agricultural operation unless such generator set engine's diesel PM emissions do not exceed 0.01 g/bhp-hr.

(C) On or after December 31, 2011, no owner or operator shall operate any greater than 50 but less than 75 bhp noncertified stationary diesel-fueled engine (other than a generator set engine) used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.30 g/bhp-hr.

(D) On or after December 31, 2011, no owner or operator shall operate any greater than or equal to 75 but less than 100 bhp noncertified stationary diesel-fueled engine (other than a generator set engine) used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.30 g/bhp-hr.

(E) On or after December 31, 2010, no owner or operator shall operate any greater than or equal to 100 but less than 175 bhp noncertified stationary diesel-fueled engine (other than a generator set engine) used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.22 g/bhp-hr.

(F) On or after December 31, 2010, no owner or operator shall operate any greater than or equal to 175 through 750 bhp noncertified stationary diesel-fueled engine used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.15 g/bhp-hr.

(G) On or after December 31, 2014, no owner or operator shall operate any greater than 750 bhp noncertified stationary diesel-fueled engine used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.075 g/bhp-hr.

(3)Diesel PM Standards for Tier 1- and Tier 2-Certified In-use Stationary Diesel-fueled Engines Used in Agricultural Operations (except as provided in section 93115.3):

(A) On or after December 31, 2015, or 12 years after the date of initial installation, whichever is later, no owner or operator shall operate any greater than 50 but less than 75 bhp Tier 1- or Tier 2-certified stationary diesel-fueled engine used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.02 g/bhp-hr.

(B) On or after December 31, 2015, or 12 years after the date of initial installation, whichever is later, no owner or operator shall operate any greater than or equal to 75 but less than 175 bhp Tier 1- or Tier 2-certified stationary diesel-fueled engine used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.01 g/bhp-hr.

(C) On or after December 31, 2014, or 12 years after the date of initial installation, whichever is later, no owner or operator shall operate any greater than or equal to 175 through 750 bhp Tier 1- or Tier 2-certified stationary diesel-fueled engine used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.01 g/bhp-hr.

(D) On or after December 31, 2014 or 12 years after the date of initial installation, whichever is later, no owner or operator shall operate any greater than 750 bhp Tier 1- or Tier 2-certified stationary diesel-fueled engine used in an agricultural operation unless such engine's diesel PM emissions do not exceed 0.075 g/bhp-hr.

(4)HC, NOx, NMHC+NOx, and CO Standards: An agricultural engine shall not exceed the HC, NOx (or NMHC+NOx, if applicable) and CO standards for off-road engines of the same model year and maximum rated power, as specified in the Off-Road CI Engine Standards (title 13, CCR, section 2423). If no limits have been established for an off-road engine of the same model year and maximum rated power, then the in-use stationary diesel-fueled engine used in an agricultural operation shall not exceed Tier 1 standards in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power irrespective of model year.

(5) The Executive Officer may extend the compliance dates in sections 93115.8(b)(1) through (4) up to one year, provided that verifiable information shows new engine packages for stationary diesel engine applications are not available in sufficient numbers or in a sufficient range of makes, models, and sizes to replace in-use stationary diesel agricultural engines.

(6) On a site-specific basis, a District may extend compliance dates in sections 93115.8(b)(1), (2), and (4) up to four years provided:

(A) A District determines that an engine meeting section 93115.8(b)(2) would exceed a District's threshold for significant risk pursuant to H&SC section 44391 (AB 2588 "Hot Spots" Program), and

(B) No later than four years after the applicable initial compliance date for section 93115.8(b)(2), one of the following is installed:

1. an electric motor;

2. an engine greater than 50 bhp but less than 75 bhp that does not exceed 0.02 g/bhp-hr PM; or

3. an engine greater than 75 bhp that does not exceed 0.01 g/bhp-hr diesel PM.

(7) A District may:

(A) Allow an owner or operator up to two additional years to comply with sections 93115.8(b)(1) through (4), provided at least 60 days prior to the applicable compliance date or dates, the owner or operator submits to the District Air Pollution Control Officer documentation demonstrating that an affected engine or engines shall be replaced with an electric motor or electric motors within two years. Documentation for each engine replaced shall include identification of the engine, the purchasing agreement for the electric motor, and a copy of an agreement with a utility distribution company to provide electricity if electricity is not already available for electric motor operation.

(B) Establish more stringent diesel PM, NMHC+NOx, HC, NOx, and CO emission limits, emission limit compliance dates, or other requirements.

(c)Registration Requirements for Greater than 50 bhp Stationary Diesel-Fueled CI Agricultural Engines.

(1)Registration Submittal. Except as provided in section 93115.2(a), the owner or operator of a greater than 50 bhp stationary diesel-fueled CI agricultural engine or engines shall submit the registration information specified in section (c)(2) below to the District according to the following schedule:

(A) For each in-use stationary diesel-fueled CI agricultural engine, no later than March 1, 2008;

(B) For each new stationary diesel-fueled CI agricultural engine installed on or after March 1, 2008, no later than 90 days after the date of initial installation; and

(C) For each new stationary diesel-fueled CI agricultural engine installed on or after January 1, 2005, but before March 1, 2008, within 90 days after initial installation or the effective date of amendments adding section 93115.8(c) to the ATCM, whichever is later.

(2)Registration Information.

(A) At minimum, the owner or operator shall submit the following information for each greater than 50 bhp stationary diesel-fueled CI agricultural engine:

1. Date of registration application submittal;

2. Name, title (as applicable), and signature of person submitting the registration application;

3. Name, address, mailing address (if differs from address), and telephone number of the engine owner and of the operator, if the owner is not also the operator;

4. Date of installation or anticipated installation;

5. Year of manufacture or approximate age, if unable to determine year of manufacture;

6. Make;

7. Model;

8. Serial number;

9. Maximum rated brake horsepower;

10. Certification status with respect to Off-Road CI Engine Certification Standards (title 13, CCR, section 2413) (if available)

11. Estimated annual average operating hours;

12. Fuels Used;

13. Estimated annual average gallons of each fuel used, if alternative diesel fuels are used;

14. Location including, but not limited to, one of the following: latitude and longitude, universal trans meridian (UTM) coordinates, global positioning satellite data (GPS), address, town and nearest cross streets, parcel or plot number/designation, or other description that clearly identifies the location of the engine; and

15. For an engine located within one-quarter mile of (1,320 feet) of a residential area, school, or hospital:

a. Distance (in meters or feet) from engine to residential area, school, or hospital;

b. Direction from engine to residential area, school, or hospital;

c. Location of engine and residential area, school, or hospital including one or more of the following for each: latitude and longitude, universal trans meridian (UTM) coordinates, global positioning satellite data (GPS), address, town and nearest cross streets.

(B) Any additional information required to evaluate the section 93115.3(a) exemption of an agricultural emergency standby generator set engine or a remotely-located agricultural engine from the requirements of section 93115.8(b).

(3) The owner or operator of a stationary diesel-fueled CI agricultural engine registered under section 93115.8(c)(1) shall notify the District in writing no later than 14 days after any change of owner or operator, change in location, installation or commencement of an emissions control strategy, or replacement with an electric motor or noncompression ignition engine.

(4) A District may provide stationary diesel-fueled CI agricultural engine owners and operators with alternatives to section 93115.8(c)(1) through (3) requirements, provided the Executive Officer finds such alternatives to be equivalent to sections 93115.8(c)(1) through (3).

(5) Upon written request by the Executive Officer, an APCO shall provide to the Executive Officer a written report of information gathered under sections 93115.8(c)(1) through (4).

(d)Fee Requirements for Greater than 50 bhp Stationary Diesel-Fueled CI Agricultural Engine Owners or Operators.

The owner or operator of a greater than 50 bhp stationary diesel-fueled CI agricultural engine or engines shall pay any fees assessed by the District for the purpose of recovering the District's cost of implementing and enforcing section 93115.8 requirements, including section 93115.8(c) requirements.

Cal. Code Regs. Tit. 17, § 93115.8

1. Renumbering of former subsections 93115(e)(2)(E)-(F) to new section 93115.8, including repealer of subsection (e)(2)(F) and its subdivisions and amendment of section, filed 9-18-2007; operative 10-18-2007 (Register 2007, No. 38).
2. Editorial correction of subsection (b)(1) (Register 2011, No. 20).
3. Amendment of subsections (a)(1) and (b)(1) filed 5-19-2011; operative 5-19-2011 pursuant to Government Code section 11343.4 (Register 2011, No. 20).

Note: Authority cited: Sections 39600, 39601, 39658, 39659, 39666, 41511 and 43013, Health and Safety Code. Reference: Sections 39002, 39650, 39658, 39659, 39666, 40000, 41511 and 43013, Health and Safety Code.