List to Determine Preempt Off-Road Applications
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The 1990 amendments to the federal Clean Air Act preempt California control of emissions from new farm and construction equipment under 175 horsepower. Emissions from these new engines are beyond CARB's authority to regulate. The U.S. EPA has sole authority to establish emission standards for these preempt engines used in new farm and construction equipment under 175 horsepower. However, these equipment types may become subject to CARB's In-Use Off-Road Vehicle Regulations which target diesel particulate matter (PM) and oxides of nitrogen (NOX) emissions from in-use (existing) off-road heavy-duty diesel vehicles, and hydrocarbons (HC) and NOX emissions from in-use large spark-ignition (LSI) engine forklifts and other industrial equipment. For more information, please refer to CARB's In-Use Off-Road Vehicle Regulations web pages for in-use off-road diesel vehicles and in-use LSI fleet requirements.
Below is a description of applications for determining preempted equipment. Please also see information regarding the federal non-road engine emissions control program.
The following preemption list has been modified. At the request of industry, staff has removed the term "Cleaners: high pressure" from the preemption list to avoid confusion with pressure washers. This modification is intended to clarify the CARB's interpretation that pressure washers have never been considered preempt equipment.
Equipment types with engines less than 25 horsepower are presumed not to be construction or farm equipment, with the exception of the following equipment types, which have been determined to be construction or farm equipment:
- Aerial devices: vehicle mounted
- Asphalt recycler/reclaimer, sealer
- Augers: earth
- Back-hoe
- Backpack Compressors
- Baler
- Boring machines: portable line
- Breakers: pavement and/or rock
- Brush cutters/Clearing saws 40 cc and above (blade capable only)
- Burners: bituminous equipment
- Cable layers
- Chainsaws 45 cc and above
- Chippers
- Cleaners: steam, sewer, barn
- Compactor: roller/plate
- Compressors
- Concrete buggy, corer, screed, mixer, finishing equipment
- Continuous Digger
- Conveyors: portable
- Crawler excavators
- Crushers: stone
- Cultivators: powered
- Cutting machine
- Debarker
- Detassler
- Drills
- Dumper: small on-site
- Dusters
- Elevating work platforms
- Farm loaders: front end
- Feed conveyors
- Fertilizer spreader
- Forage box/Haulage and loading machine
- Forklifts: diesel and/or rough terrain
- Harvesters, crop
- Jackhammer
- Light towers
- Mixers: mortar, plaster, grout
- Mowing equipment: agricultural
- Mud jack
- Pavers: asphalt, curb and gutter
- Pipe layer
- Plows: vibratory
- Post hole diggers
- Power pack: hydraulic
- Pruner: orchard
- Pumps 40 cc and above
- Rollers: trench
- Sawmill: portable
- Saws: concrete, masonry, cutoff
- Screeners
- Shredder/grinder
- Signal boards: highway
- Silo unloaders
- Skidders
- Skid-steer loaders
- Specialized fruit/nut harvester
- Sprayers: bituminous, concrete curing, crop, field
- Stump cutters, grinders
- Stumpbeater
- Surfacing equipment
- Swathers
- Tampers and rammers
- Tractor: compact utility
- Trenchers
- Troweling machines: concrete
- Vibrators: concrete, finisher, roller
- Welders
- Well driller: portable
- Wheel loaders
Equipment types with engines 25 horsepower or greater are presumed to be construction or farm equipment, with the exception of the equipment types listed below, which have been determined not to be construction or farm equipment.
- Aircraft Ground Power
- Baggage Handling
- Forklifts that are neither rough terrain nor powered by diesel engines
- Generator Sets
- Mining Equipment not otherwise primarily used in the construction industry
- Off-Highway Recreational Vehicles
- Other Industrial Equipment
- Refrigeration Units less than 50 horsepower
- Scrubbers/Sweepers
- Tow/Push
- Turf Care Equipment
More Information
For more information on Off-Road Spark-Ignited Engines, please contact the Small Off-Road Engines (SORE) group at sore@arb.ca.gov.
For more information on Off-Road Compression-Ignition Engines, please contact the Compression-Ignition and Heavy-Duty Certification (CIHD) Section at cihd@arb.ca.gov