Comment Log Display

The San Luis Obispo County Air Pollution Control District
appreciates the opportunity to comment on the proposed amendments
to both the Airborne Toxic Control Measure (ATCM) for Diesel
Particulate Matter from Portable Engines and the Statewide Portable
Equipment Registration Program (PERP).  We believe the following
concerns need to be addressed to effectively and fairly impose the
regulatory requirements on portable diesel engines. 

The ATCM Should Not Restrict the Ability to Issue an Air District
Permit

The Air Toxic Control Measure should not restrict an Air Pollution
Control District from issuing permits to engine owners who would
otherwise be in compliance with the emission standards of the
regulation; we believe the existing permitting restriction does not
belong in the regulation.  The latest ARB staff proposal partially
acknowledges this concern by allowing for both permitting and
registration of certified engines when a permit exemption is lost
due to a change in District rules.  However, this does not
adequately address the situation in many districts.  

We have not yet been able to secure permits for all small business
owners subject to the regulation in our area, such as concrete
pumpers and wood chippers.  Despite an extensive state and local
outreach effort, many may still not be fully aware of the
regulatory requirements or the consequences of failing to comply. 
There are also unique businesses that use engines for purposes that
were not identified and targeted for notification; for instance,
just a few months ago we found a 170 hp engine that powered an ice
grinder used to make artificial snow for small events like Birthday
parties.  Additionally, under the current economic climate, some
individuals may not have the funds to obtain permits and some have
even stopped operation until the economy recovers.  

Air districts need the ability to effectively handle situations
that do not fit the norm and permit otherwise lawful businesses,
some of which may collapse from the cost of purchasing new engines
or be forced to continue to operate without permits and remain
unregulated.  

Engines Not Meeting the Current Certification Standards Should Not
Be PERP Eligible 

Many air districts have required permits of portable engines for
over a decade and would not issue a new permit for an engine unless
it met the current tier.  The proposed provision to allow engines
into the PERP because they lost a permit exemption from a District
that did not previously require permits fosters an uneven
regulatory playing field and puts the engine owners already under
permit for many years at an economic disadvantage. 

We believe the issues identified above can be addressed by
incorporating the following revisions to the regulations:

Recommended Changes to the ACTM Proposal

1.	Remove proposed section 93116.3(b)(2)(D)

2.	Replace 93116.3(b)(2)(D) to allow District-only permitting of
discovered Tier 0 engines with the following:

(D) 	low use engines permitted or registered by a District, where
the owner agrees in writing to replace the engine with a certified
Tier 4 engine according to the requirements in section
93116.3(b)(1)(B); or

3.	Add new section 93116.3(b)(2)(F) to allow any certified engine
to be permitted, as follows:

	(F) 	certified engines permitted or registered by a District.

Recommended Changes to the PERP Proposal

1.	Modify the resident engine definition to apply to only
previously permitted certified engines that were historically
allowed into the registration program, as follows:

(mm)	“Resident Engine” means a certified engine that at the time
of applying for registration, has a current, valid district permit
or district registration that was issued prior to January 1, 2006.

The proposed changes recommended above would result in a more
equitable and effective regulation while maintaining the emission
reductions expected from both the ATCM and from local District
permit programs.

We appreciate the opportunity to provide input to this process and
look forward to ongoing coordination with your staff to effectively
implement these regulations.

Sincerely,

LARRY R. ALLEN
Air Pollution Control Officer