Portable Engine ATCM and PERP Regulation

This page last reviewed January 10, 2019

NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO THE AIRBORNE TOXIC CONTROL MEASURE FOR DIESEL PARTICULATE MATTER FROM PORTABLE ENGINES RATED AT 50 HORSEPOWER AND GREATER - AND TO THE STATEWIDE PORTABLE EQUIPMENT REGISTRATION PROGRAM REGULATION

(Hearing Date: November 16, 2017)

Public Comments Received

FINAL APPROVAL / OAL ACTION

OAL approved the rulemaking and filed with Secretary of State on September 24, 2018. The effective date is November 30, 2018.

Addendum to the Final Statement of Reasons (PDF - 185K)
Final Regulation Order - Amendments to the Airborne Toxic Control Measure For Diesel Particulate Matter From Portable Engines (PDF - 154K)
Final Regulation Order - Amendments to the Statewide Portable Equipment Registration Program Regulation (PDF - 157K)
Erratum (PDF - 157K)

ADOPTED REGULATIONS AND MATERIALS SUBMITTED TO OAL

The Final Rulemaking Package was submitted to OAL on August 10, 2018. OAL has until September 24, 2018, to make a final determination.

Executive Order (PDF - 581KB)
Final Regulation Order - Amendments to the Airborne Toxic Control Measure For Diesel Particulate Matter From Portable Engines ~See revised above~
Final Regulation Order - Amendments to the Statewide Portable Equipment Registration Program Regulation~See revised above~
Final Statement of Reasons (PDF - 185K)
Updated Informative Digest (PDF - 39KB)
Request for an Early Effective Date (PDF - 105KB)
Notice of Decision (PDF - 112KB)

HEARING ACTION AND SUPPLEMENTAL 15-DAY NOTICES

POSTED FEBRUARY 21, 2018

Notice of Public Availabilty of Modified Text and Availability of Additional Documents (PDF - 2.3MB)

Deadline to Submit Public Comments: March 8, 2018, at 5:00 p.m.

Attachment A: Amendments to the Airborne Toxic Control Measure For Diesel Particulate Matter From Portable Engines (PDF - 230K)
Attachment B: Amendments to the Statewide Portable Equipment Registration Program Regulation (PDF - 189K)

POSTED NOVEMBER 22, 2017

Resolution 17-44 (PDF - 1MB)

POSTED SEPTEMBER 26, 2017

Notice of Public Hearing (PDF - 425K)

Deadline to Submit Public Comments: November 13, 2017, at 5:00 p.m. or at the Public Hearing on November 16, 2017.

Staff Report: Initial Statement of Reasons (ISOR) (PDF - 390K)

Appendix A: Proposed Amendments to the "Airborne Toxic Control Measure for Diesel Particulate Matter from Portable Engines" (PDF - 187K)
Appendix B: Proposed Amendments to the "Statewide Portable Equipment Registration Program" (PDF -227K)

Appendix C: Standardized Regulatory impact Assesmement (PDF - 1.42MB)

Appendix D: Public Process for the Development of Proposed Amendments (PDF - 3.95MB)

Appendix E: Fee Increase Analysis (PDF - 102K)

Appendix F: Ambient Air Quality Standard Protection Discussion (PDF - 227K)

Appendix G: Health risk Evaluation (PDF - 269K)

Appendix H: Policy for Portable Agricultural Use Engines (PDF - 165K)

Appendix I: 2017 Diesel-Fueled Portable Equipment Emmisions Inventory (PDF - 542K)

Appendix J: Environmental Analysis (PDF - 320K)

Appendix K:Tier 4 Engines Assesement (PDF - 95K)

Appenedix L: Cost Methodology (PDF - 167K)

INFORMAL REGULATORY ACTIVITY

Rulemaking Activity for 2017