BILL ANALYSIS �
AB 1910
Page 1
Date of Hearing: April 23, 2010
ASSEMBLY COMMITTEE ON NATURAL RESOURCES
Wesley Chesbro, Chair
AB 1910 (Ma) - As Amended: April 16, 2012
SUBJECT : Portable internal combustion engines: registration
program
SUMMARY : Changes the definition of "fixed location," for the
purposes of the Portable Equipment Registration Program (PERP)
from "any single site" at a facility to "any single point"
within a facility. Preempts air districts from requiring
permits regardless of whether the portable equipment replaces or
supplements an ongoing primary activity at a facility.
EXISTING LAW:
1)Authorizes the air districts to impose permit requirements for
the operation of portable equipment operating within their
district.
2)Provides an exception to the permit requirements for operators
who voluntarily register their equipment through PERP.
3)Defines portable equipment under PERP as equipment that is
associated with and driven by a portable internal combustion
engine such as blasting equipment, drilling equipment,
generators, pumps, compressors, and cranes.
4)Excludes from the definition of "portable internal combustion
engine," engines that remain at a fixed location for more than
12 consecutive months.
5)Defines "fixed location" as "any single site at a building,
structure, facility, or installation."
THIS BILL:
1)Changes the definition of "fixed location" to "any single
point within a building, structure, facility, or
installation."
2)Preempts air districts from requiring a permit for the
construction or operation of the portable equipment regardless
AB 1910
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of whether the equipment is replacing or supplementing ongoing
primary activities.
FISCAL EFFECT : Unknown
COMMENTS :
1)Purpose of this bill. The author states that the purpose of
this bill is to provide an operator of portable equipment at a
specific location with "12 months of use as intended by state
law." The author asserts that this bill is needed because
some air districts have conflicting interpretations of what
constitutes portable equipment, and this bill is intended to
clarify the definition.
2)PERP background. PERP was initially created in 1997 to allow
operators of portable equipment traveling through multiple air
districts the option of registering and complying with a
uniform statewide set of rules established by the Air
Resources Board (ARB). The original intent of PERP was to
provide administrative convenience and to ensure consistent
and reasonable regulation, while preserving the same level of
air quality protection. In 2007, ARB held a public hearing
and subsequently issued regulations amending PERP.
3)PERP regulations. The "Regulations to Establish a Statewide
Portable Equipment Registration Program" (2007), provide that
in calculating the number of months to be eligible for the
PERP program, operation of the equipment is irrelevant, rather
a piece of equipment may not reside at a location for more
than 12 consecutive months. Equipment that is kept at a
storage facility shall not be counted towards the 12 month
residence requirement; however, equipment which is kept "in
storage" at or near the facility may count toward the 12 month
residence requirement and thus be subject to air district
regulations.
Additionally, the regulations provide that any back-up or
stand-by engines intended to perform the same or similar
functions as the equipment being replaced will not be
considered portable and likewise will be subject to the air
district regulations and permitting requirements. The
cumulative amount of time that a back-up engine runs will be
counted toward the consecutive time period.
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Lastly, the regulations provide that an engine or equipment
that is moved from one location to another in an attempt to
circumvent the portable residence time requirements is not
considered portable.
4)Difference between air district permitting and PERP. ARB is
given considerable flexibility in determining the requirements
under PERP. For example, ARB may take into account "technical
and economic feasibility" in establishing emission limitations
or control equipment requirements. The only limitation is
that ARB may not promulgate a requirement in conflict with
federal law or a requirement for portable internal combustion
engines less stringent than those in effect on January 1,
1995. In contrast, the air districts retain jurisdiction to
permit sources and impose more stringent requirements on
sources that are operating within their district instead of
just passing through.
Because of the regulatory differences, impacts to public
health could result if essentially stationary equipment is
exempt from air district regulations. For example, while air
districts have the ability to deny a permit to an operator of
a source of hazardous air emissions within 1,000 feet of a
school, their jurisdiction is pre-empted by PERP for
"portable" sources. This preemption, combined with the
changes proposed in this bill, could lead to the possible
incongruent result of the air districts retaining jurisdiction
over one stationary source while another similar source "in
use" and operating for 12 months within that air district is
exempt. This result was not originally intended by PERP and
could result in increased emissions and impacts to public
health.
Additionally, changing the definition of fixed location from
"a single site" to "a single point" within a facility opens
PERP to potential abuse. For example, simply moving "portable
equipment" a couple of feet within an expansive facility would
allow equipment operators to comply in perpetuity with the new
definition relieving the obligation to comply with air
district permit requirements.
REGISTERED SUPPORT / OPPOSITION :
Support
AB 1910
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California Construction & Industrial Materials Association
(sponsor)
P.W. Gillibrand Co., Inc.
Opposition
California Air Pollution Control Officers Association
Breathe California
Analysis Prepared by : Marianna Dietrich / NAT. RES. / (916)
319-2092