Proposal:

Amend Rule 2100 - Registration of Portable Equipment

Synopsis:

Proposed amendments will extend the expiration date for portable engine registration from August 1, 1997 to July 1, 1998, to allow time for transition from Rule 2100 requirements to state registration. In addition, the proposed amendments will end registration for other emissions units included in the state registration program, effective July 1, 1998. Further, the proposed amendments will make Rule 2100 sunset July 1, 1998.

Committee:

Stationary Source, June 27, 1997, reviewed.

Recommended Action:

1. Approve the Notice of Exemption for Proposed Amended Rule 2100 - Registration of Portable Equipment; and

2. Amend Rule 2100 - Registration of Portable Equipment, as proposed, in accordance with the attached Resolution.

James M. Lents, Ph.D.
Executive Officer

Background

Rule 2100 was adopted on December 7, 1995 to begin the implementation of Point II of the Action Plan of the Business Clean Air Partnership. Certain types of portable equipment may be registered for a reduced fee in the AQMD or other participating districts. That equipment may then be operated here or in other participating districts. The rule contains all the standards, prohibitions, and administrative requirements for regulation of the equipment in lieu of normal district permitting.

At the time of adoption, staff anticipated that by August 1, 1997, all portable engines with AQMD registration would have a state registration. Therefore, the current Rule 2100 has an expiration date of August 1, 1997 for portable engine registration. There is no expiration date for other equipment registration. Health & Safety Code Sections 41750-41755, effective January 1, 1996, require the ARB to adopt regulations to establish a statewide registration program for portable internal combustion engines by January 1, 1997. The law was amended to extend the date for adoption of the state regulation to July 1, 1997, and expand the scope of the state regulation to include other equipment associated with portable engines.

On March 27, 1997, ARB adopted sections 2450-2465, Title 13, California Code of Regulations, establishing a Statewide Portable Equipment Registration Program for portable internal combustion engines and associated equipment. The regulation preempts districts from permitting, registering, or setting emission standards or limits for portable engines and equipment units registered with the state. Once a state registration is issued, a valid district permit or registration becomes null and void. ARB anticipated that the regulation would become effective by September 1997, at which time applications for state registration may be filed. ARB then may have up to 180 days from date of receipt of an application to approve or deny registration.

Proposal

When enacted, Health & Safety Code Sections 41750-41755 required adoption of regulations by January 1, 1997, and implementation no later than six months after adoption. Rule 2100 was designed to sunset 30 days after adoption of the ARB regulation, or August 1, 1997, whichever came first. The law was amended to extend the date for adoption of the state regulation to July 1, 1997. With the delay in the state registration program implementation, the inclusion of other emissions units to the state registration program, and the future ending of Rule 2100 registration, s1993 in association with existing emissions units. Staff included the year 1993 in the definition of existing emissions unit to be consistent with the CAPCOA model. Since registration is optional, the owner or operator of an emission unit is allowed to file an application for registration at any time after the adoption of this rule whether it is a new or existing emissions unit. Thus the definitions of existing emissions unit and new emissions unit serve no purpose in Rule 2100 and may be confusing. Staff, therefore, recommends that the definitions of existing emissions unit and new emissions unit and any reference to such be deleted from Rule 2100, and has attached amendments reflecting the change. District counsel has advised staff that this revision would not cause any substantial impact.

dredging. Although, as in the CAPCOA model, other participating districts have excluded those engines in their rules, staff believes that it is in the best interest of the industry to include those engines in Proposed Rule 2100. Amendments reflecting the inclusion of those engines are attached. District counsel has also advised staff that this revision would not cause any substantial impact.

included in Proposed Rule 2100 to allow for a lower registration fee for identical equipment replacement. Staff believes it is more appropriate to address this issue in Rule 301 - Permit Fees, and is in the process of revising Rule 301 to add Fees for Serial Number Change of Identical Emission Units.

grandfathered into the permit system should be exempt from the daily limits as they are currently. Staff, therefore, recommends paragraph (j)(1) be revised as in the attached. This revision will not impact air quality or emission limitations.taff recommends the following amendments to Rule 2100:

• Extend the expiration date for portable engine registration from August 1, 1997 to July 1, 1998, to allow time for transition from Rule 2100 to state registration.
• End registration for other emissions units on July 1, 1998.
• Make Rule 2100 sunset after July 1, 1998 when this rule is no longer needed.

Policy Issues

No public workshop was conducted since the proposed amendments are administrative in nature and do not significantly impact air quality or emission limitations. This Board letter with its attachments will serve as the staff report.

A public consultation meeting was conducted on May 23, 1997 to inform the public, especially Rule 2100 registration holders, of the proposed amendments and the forthcoming state registration program.

AQMP & Legal Mandates

Not Applicable.

CEQA & Socioeconomic Analysis

The AQMD has reviewed the proposed project pursuant to State CEQA Guidelines §15002 (k)(1) and AQMD CEQA Implementation Guidelines §1.2 (k)(1), the first step of a three-step process for deciding which document to prepare for a project subject to CEQA. The proposed amendments involve administrative updates and do not have the potential to generate significant adverse impacts on the environment. Therefore, since it can be seen with certainty that the project has no potential to adversely impact air quality or any other environmental area, it is exempt from CEQA pursuant to State CEQA Guidelines §15061 (b)(3) and AQMD CEQA Implementation Guidelines §5.1 (b)(3).

A Notice of Exemption has been prepared in accordance with State CEQA Guidelines §15062 and AQMD CEQA Implementation Guidelines §5.2, - Notice of Exemption. The Notice of Exemption will be filed with the county clerks immediately following the adoption of the proposed amendments.

The proposed amendments to Rule 2100 are not expected to result in cost impacts.

Implementation Plan

• Continue processing applications for Rule 2100 registration until July 1, 1998.

• Notify those sources that have a Rule 2100 registration when the state regulation becomes effective, and inform them that an AQMD permit or state registration is required to operate that equipment in the AQMD after July 1, 1998.

• Invalidate any Rule 2100 registration for which a state registration has been issued.

• Invalidate all remaining Rule 2100 registrations after July 1, 1998.

Resource Impacts

Since the proposed amendments are administrative in nature, there will be no resource impacts.

Attachments

Summary
Rule Development Process
Key Contacts
Resolution
Rule Language