While KDHE does not regulate non-road mobile engines, the U.S. Environmental Protection Agency (EPA) has mandated the Clean Air Non-road Diesel Rule, which aimed to lower all non-road diesel fuel to ultra-low sulfur diesel (15 parts per million (ppm)) after 2014. All non-road engines and equipment must use this fuel. A non-road engine is an internal combustion engine that meets any of the following criteria:
- It is (or will be) used in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers).
- It is (or will be) used in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers).
- By itself or in or on a piece of equipment, it portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform.
An internal combustion engine is not a non-road engine if it meets any of the following criteria:
- The engine is used to propel a motor vehicle, an aircraft, or equipment used solely for competition.
- The engine is regulated under 40 Code of Federal Regulations (CFR) Part 60, (or otherwise regulated by a federal New Source Performance Standard promulgated under section 111 of the Clean Air Act (42 U.S. Code 7411)).
- The engine is otherwise included in paragraph (1)(iii) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculated the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at that single location approximately three months (or more) each year. See 40 CFR 1068.31 for provisions that apply if the engine is removed from the location.