APPENDIX A  
Proposed Regulation Order  
 
Off-Highway Recreational Vehicles:  
Exhaust Emission Control  
Title 13, California Code of Regulations  
§§ 2411, 2412, 2415 , 2416, 2418, and 2419.4 
 
 
 
  
 
 
California Air Resources Board  
Monitoring and Laboratory Division 
 
   
 
  
   
 
 
(Page intentionally left blank)  
 
 
 
      
 
 
 
 
 
 
 
 
  
 
  
 
    
PROPOSED  REGULATION ORDER 
Note: The pre- existing regulation text is set forth below in normal type. The proposed 
amendments are shown in underline to indicate additions and strikeout  to indicate 
deletions from the existing regulatory text.  
 
PROPOSED AMENDMENTS TO TITLE 13, CALIFORNIA A DMINISTRATIVE CODE 
SECTIONS 2411, 2412 , and 2415 REGARDING OFF -HIGHWAY RECREATIONAL 
VEHICLES AND ENGINES  
 
Amend  sections 2411, 2412,  2415, 2416 , 2418, and 2419.4 in Article 3, Chapter 9, 
Division 3, Title 13, California Code of Regulations, to read as follows:  
§ 2411. Definitions.  
 (a) The definitions in Section 1900(b), Chapter 1, Division 3, Title 13 of the California 
Code of Regulations, apply with the following additions:  
 
(1) “All -Terrain Vehicle (ATV)” means any off -highway motor vehicle 50 inches (1270 
mm) or less in overall width that has all of the following features and characteristics: 
designed to travel on four or more low pressure tires, having a single seat designed 
to be straddled by the operator or a single seat designed to be st raddled by the 
operator and a seat for no more than one passenger, having handlebars for steering 
control, and is powered by an internal combustion engine. Width shall be exclusive 
of accessories and optional equipment. A golf cart, off -road sport vehicle,  off-road 
utility vehicle, or sand car is not, for purposes of this regulation, to be classified as 
an all -terrain vehicle.  
 
(2) “ARB Enforcement Officer” means any employee of the Air Resources Board so 
designated in writing by the Executive Officer of the Air Resources Board or by the 
Executive Officer's designee.  
 
(3) “Assembly -Line Tests” are those tests or inspections which are performed on or 
at the end of the assembly -line. 
 
(4) “Confirmatory testing” means an ARB directed follow -up emissions test an d 
inspection of the test engine or test vehicle that had been used by the manufacturer 
to obtain test data for submittal with the certification application. The emissions tests 
can be conducted at ARB or contracted- out facilities or at the manufacturer's f acility.  
 
(5) “Crankcase Emissions” means airborne substances emitted into the atmosphere 
from any portion of the engine crankcase ventilation or lubrication system.    
(6) “Emission Control System” includes any component, group of components, or 
engine modi fication which controls or causes the reduction of substances emitted 
from an engine.  
 
(7) “End of Assembly -Line” is defined as that place where the final inspection test or 
quality -audit test is performed by the manufacturer.  
 
(8) “Exhaust Emissions” means substances emitted into the atmosphere from any 
opening downstream from the exhaust port of an engine.  
 
(9) “Final Calendar Quarter Production” is defined as the calendar quarter in which 
the production of an engine family ends.  
 
(10) “Fuel System” means  the combination of any of the following components: fuel 
tank, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection 
components, evaporative controls and all fuel system vents.  
 
(11) “Golf Cart” means a vehicle used to convey equipment and no more than two 
persons, including the driver, to play the game of golf in an area designated as a golf 
course. Golf carts are designed to have an unladen weight of less than 1,300 
pounds and carry not more than 100 pounds, excluding passeng ers, accessories 
and optional equipment. A golf cart is not used for grounds keeping or maintenance 
purposes.  
 
(12) “Manufacturer” means the engine or vehicle manufacturer that applies to have 
the vehicle or engine certified.  
 
(13) “Off -Highway Recreational Vehicle Engines” or “Engines” are identified as: two-
stroke or four -stroke, air -cooled, liquid- cooled, gasoline, diesel, or alternate fuel 
powered engines or electric motors that are designed for powering off -road 
recreational vehicles and engines included in the following: off -road motorcycles, all -
terrain vehicles, off -road sport vehicles, off -road utility vehicles, sand cars, and golf 
carts.  All engines and equipment that fall within the scope of the preemption of 
Section 209(e)(1)(A) of the Federal Cl ean Air Act, as amended, and as defined by 
regulation of the Environmental Protection Agency, are specifically not included 
within this category.  
 
(14) “Off -Highway Vehicle (OHV) Area” is defined as a public land area in which the 
riding of off -highway rec reational vehicles is allowed. These areas are managed by 
public land agencies, such as the California Department of Parks and Recreation, 
the Bureau of Land Management, the United States Forest Service, cities, counties, 
and other jurisdictions.  
 
(15) “Of f-Road Equipment and Vehicle” means any non- stationary device, powered 
by an internal combustion engine or electric motor, used primarily off the highways,  to propel, move, or draw persons or property including any device propelled, moved, 
or drawn exclusi vely by human power, and used in, but not limited to the following 
applications: Marine Vessels, Construction/Farm Equipment, Locomotives, Utility 
engines and Lawn and Garden Equipment, Off -Road Motorcycles, and Off -Highway 
Vehicles.  
 
(16) “Off -Road Motorc ycle” means any two-  or three- wheeled vehicle equipped with 
an internal combustion engine and weighing less than 1,499 pounds. An off -road 
motorcycle is primarily designed for use off highways. These vehicles are mainly 
used for recreational riding on dirt  trails but are not limited to this purpose.  
 
(17) “Off -Road Sport Vehicle” means any off -highway motor vehicle that has all of 
the following features and characteristics: designed to travel on four wheels, having 
bench or bucket seating for one or more persons, having a steering wheel for 
steering control, designed for operation over rough terrain, having a rear payload not 
exceeding 600 pounds, having an internal combustion engine with a displacement 
less than or equal to one liter, and is capable of spee ds 25 miles per hour or more. 
Vehicles otherwise meeting the definition for sand cars but powered by an engine 
with a displacement less than or equal to one liter are considered off -road sport 
vehicles . 
 
(18) “Off -Road Utility Vehicle” means any off -highwa y motor vehicle that has all of 
the following features and characteristics: designed to travel on four or more wheels, 
having bench or bucket seating for two or more persons, having a steering wheel for 
steering control, designed for operation over rough t errain, having an internal 
combustion engine with a displacement less than or equal to one liter, having a 
maximum brake power less than or equal to 30 kilowatts, capable of speeds 25 
miles per hour or more, and having either 1) a rear payload of 350 pounds or more, 
or 2) seating for six or more passengers.  
 
(19) “Sand Car” means any off -highway motor vehicle that has all of the following 
features and characteristics: designed to travel on four wheels, having bench or 
bucket seating for one or more persons,  having a steering wheel for steering control, 
designed primarily for operation over sand dunes, and is powered by an internal 
combustion engine with a displacement greater than one liter. Vehicles otherwise 
meeting the criteria in the previous sentence that are powered by an engine with a 
displacement less than or equal to one liter are considered off -road sport vehicles.  
 
(20) “Scheduled Maintenance” means any adjustment, repair, removal, disassembly, 
cleaning, or replacement of components or systems required by the manufacturer 
which is performed on a periodic basis to prevent part failure or equipment or engine 
malfunction, or anticipated as necessary to correct an overt indication of malfunction 
or failure for which periodic maintenance is not appropriate.  
 
(21) “Ultimate Purchaser” means the first person who in good faith purchases or 
leases a new engine, vehicle, or piece of equipment for purposes other than resale.    
(22) “Unscheduled Maintenance” means any inspection, adjustment, repair, removal, 
disassembly, cleaning, or replacement of components or systems which is 
performed to correct or diagnose a part failure which was not anticipated.  
 
(23) “Vehicle Identification Number (VIN)” means an alpha numeric code which has 
been permanently assigned by the manufacturer to a vehicle. The VIN is unique to 
each vehicle and may contain information deemed necessary by governing 
agencies. If a manufacturer cannot obtain a federal VIN from the National Highway 
Traffic Safety Administration for their vehicles , an alternative VIN approved by the 
Executive Officer of the Air Resources Board may be used. Unless otherwise noted, 
the VIN and alternate VIN will follow formats specified in the Code of Federal 
Regulations 49, Chapter V, Parts 565, 566, and 571, which are incorporated herein 
by reference.  
 
(24) “Zero Emission Off -Road  Vehicle” means any vehicle which produces zero 
exhaust emissions of any criteria pollutant under any and all possible operational 
modes.   Zero emission off -road vehicles shall have perform ance characteristics that 
are similar  to an internal combustion engine off -highway recreational vehicle of 
comparable size and intended application, and shall not include golf carts, bicycles, 
or children’s toys.  
 
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43107, Health 
and Safety Code. Reference: Sections 43013, 43018, 43101 and 43107, Health and 
Safety Code.  
 
§ 2412. Emission Standards and Test Procedures – New Off-Highway 
Recreational Vehicles and Engines.  
(a) This section applies to all off -highway recreational vehicles and engines used in 
such vehicles produced on or after January 1, 1997.  
 
(b) For purposes of certification in California, manufacturers must comply with the 
following exhaust and evaporative emissions from new off -highway recreational vehicles 
and engines that are sold, leased, used, or introduced into commerce in California.  
 
(1) Exhaust emissions must not exceed:  
 
 
 
 
 
 
 
  Exhaust Emission Standards Based on Chassis -Based Testing  
 
 
 Vehicle & Model  
Year  
 Model Year  Hyrdro -
carbon 
(HC)  Oxides of 
Nitrogen 
(NO X) Carbon 
Monoxide 
(CO)  Particulate 
Matter(4) 
 
Off-Road Motorcycles  
and All -Terrain Vehicles  
with Engines Greater  
Than 90 cc(1) 1997 and 
Later  through 
2021  (g/km)(2)  
 
 
1.2(3)  
 
 
-  
 
 
15.0  
 
 
- 
Off-Road Motorcycles  
  202 2 and later (g/km)  2022 through 
2027  (g/km)(2) 2.0 HC + NOx(3) 25.0  
 2028 and 
later (g/km)(2) 1.2(3) 
  15.0  
Off-Road motorcycles  
and All -Terrain Vehicles  
with Engines 90 cc(1) or Less  
1999 and through 2021 
Later (g/km)  1999 through 
2021 (g/km)   
 
1.2(3)  
 
-  
 
15.0  
 
- 
Off-Road Motorcycles  
and All -Terrain  
Vehicle Option:  
1997 and Later Vehicles  
with Engines Greater  
Than 90 cc(1), and 1999  
 and Later Vehicles with 
Engines 90 cc(1) or Less    
 
 
Vehicles and engines that do not meet the 
emissions standards noted above may be 
certified subject to the use restrictions described  
in subsection (f) below.  
Off-Road Sport Vehicles  
and  
Off-Road Utility Vehicles  
2007 and Later (g/km)  2007 through 
2021  (g/km)   
 
1.2(3)  
 
-  
 
15.0  
 
- 
All-Terrain Vehicles, Off -Road 
Sport Vehicles, Off -Road 
Utility Vehicles  2022 through 
2024  (g/km)(2) 1.1(3)  15.0  
 2025 through 
2027  (g/km)(2) 1.0(3)  15.0  
 2028 and later 
(g/km)(2) 0.9(3) 
  15.0  
Sand Cars  
2007 and Later (g/km)    
1.2(3)  
-  
15.0  
- 
 1. Cubic centimeters.  
2. Grams per kilometer.  
3. Compliance with the 1.2 grams per kilometer HC and 2.0 grams per kilometer HC + NOx 
standards  to be applied as “corporate average” shall be determined as provided in 
subsections (d).  Each engine family shall have only one applicable standard.  
4. Applicable to diesel and two- stroke spark ignited engines only.    
 
Emission Standards Based on Optional  Engine- Based Testing(1) 
 
 
 
(2) Evaporative emissions. With the exception of vehicles certified solely with 
compression- ignition engines, evaporative emissions must not exceed:  
 
Evaporative Emissions  
 
 
(c)(1) The test procedures for determining certification and compliance with the 
standards for exhaust and evaporative emissions from new off -highway recreational 
vehicles are set forth in “California Exhaust Emission Standards and Tes t 
Procedures for 1997 and Later Off -Highway Recreational Vehicles and Engines,” 
adopted November 22, 1994, and last amended October 25, 2012, which are hereby 
incorporated by reference and which in turn incorporate by reference Subparts E 
 and F of Part 86,  and Subparts A, B, C, F and I of Part 1051, Title 40, Code of 
Federal Regulations. Manufacturers of the following are not required to perform 
emissions testing, but must file an application of certification and comply with the 
administrative requirements outlined in the procedures to certify their vehicles for 
sale in California:  
 
(A) Golf carts,  
(B) Off -road motorcycles and all -terrain vehicles, and engines used in such 
vehicles , for model years 2021 or earlier,  as described in subsection (f) below.  
 
(2) The test procedures for determining certification and compliance with the 
standards for exhaust emissions from all -terrain vehicle, off -road sport vehicle, off -
road utility vehicle, and sand car engines (those engines utilizing the engine- based 
optional st andards noted in (b) above) are set forth in “California Exhaust Emission 
Standards and Tests Procedures for 1995- 2004 Small Off -Road Engines,” adopted 
March 20, 1992, and as last amended July 26, 2004, which is hereby incorporated 
by reference. For 2013 and later model years, the test fuel requirements for engines 
utilizing such optional standards are specified in s1065.701, of the “California 
Exhaust Emission Standards and Test Procedures for New 2013 and Later Small 
Off-Road Engines; Engine- Testing Procedures (Part 1065),” adopted October 25, 
2012, which is hereby incorporated by reference.  
 
(d)(1) For chassis -based testing, compliance with a standard to be applied as a 
“corporate average” shall be determined as follows:  
 
 
    
∑ (𝑃𝑃𝑅𝑅𝑅𝑅𝑅𝑅 )𝑗𝑗𝑗𝑗 (𝑆𝑆𝑆𝑆𝑅𝑅 )𝑗𝑗𝑗𝑗𝑛𝑛
𝑗𝑗=1
∑ (𝑃𝑃𝑅𝑅𝑅𝑅𝑅𝑅 )𝑗𝑗𝑗𝑗𝑛𝑛
𝑗𝑗=1=𝑆𝑆𝑆𝑆𝑅𝑅𝑐𝑐𝑐𝑐 
 
 
 
 
 
 
(A) For purposes of calculating the “ corporate average, ” zero emission off-
road vehicles shall be assigned an HC or HC + NOx exhaust emission 
standard of negative 1 ( -1). 
 
(2) For the optional engine- based testing, compliance with a standard to be applied 
as a “corporate average” shall be determined as follows:  
 
 Off-highway recreational vehicle engine families.  
 
Number of units in engine family 𝑗𝑗 produced for sale in California in 
model year 𝑥𝑥 
 
The manufacturer designated HC  exhaust emission standard for 
engine family 𝑗𝑗 in model year 𝑥𝑥, which shall be determined by the 
manufacturer subject to the following conditions: (1) no individual 
engine family exhaust emissions standard shall exceed 2.510 g/km 
HC or 20 g/km HC+NOx, and (2) no engine family designation or 
engine family exhaust emission standard shall be amended in a 
model year after the engine family is certified for the model year, 
and (3) prior to sale or offering for sale in California, each engine 
family shall be ce rtified in accordance with “California Exhaust 
Emissions Standards and Test Procedures for 1997 and Later Off -
Highway Recreational Vehicles and Engines” adopted November 
22, 1994 and as last amended October 25, 2012, and emission 
standard as a condition of  the certification Executive Order. Prior to 
certification the manufacturer shall also submit estimated 
production volumes for each engine family to be offered for sale in California.  
 
A manufacturer’s corporate average HC exhaust emissions from those Cali fornia off -highway recreational vehicles subject to the 
California corporate average HC exhaust emissions standard, as 
established by an Executive Order certifying the California 
production for the model year. This order must be obtained prior to the issua nce of certification Executive Orders for individual engine 
families for the model year and shall include but not be limited to the following requirements in subsection (e) below:  𝑛𝑛             = 
𝑃𝑃𝑅𝑅𝑅𝑅𝑅𝑅𝑗𝑗𝑗𝑗 = 
 
𝑆𝑆𝑆𝑆𝑅𝑅𝑗𝑗𝑗𝑗  = 
 
 
 
 
 
 
 
 
𝑆𝑆𝑆𝑆𝑅𝑅𝑐𝑐𝑐𝑐   = 
   
 
(e)(1) During the manufacturer's production year, for each vehicle produced for sale 
in California, the manufacturer must provide the following information to the 
Executive O fficer within 30 days after the last day in each calendar quarter:  
 
(A) vehicle identification numbers and an explanation of the identification code if 
applicable;  
(B) model number and engine size of vehicle;  
(C) the total number of vehicles marketed and produced for sale in California and 
their applicable designated emissions standards.  
 
(2) The manufacturer's average HC or HC+NOx exhaust emissions, as applicable, 
shall meet the corporate average standard at the end of the manufacturer's 
production for th e model year.  
 
(3) Production and sale of vehicles which result in non- compliance with the 
California standard for the model year shall cause a manufacturer to be subject to 
civil penalties, according to applicable provisions of the Health and Safety Code.  All 
excess emissions resulting from non- compliance with the California standard shall 
be made up in the following model year.  
 
(4) For a period of up to one year following the end of the model year, for each 
model the manufacturer shall submit California sales and registration data as it 
becomes available.  
 
(f) Off-road motorcycles and ATVs  of model years 2003 through 2021 , and engines 
used in such vehicles, that do not meet the emissions standards in subsection (b) above 
may operate only during certain periods of time at certain off -highway vehicle (OHV) 
riding areas  until January 1, 2025.  Section 2415 of this Article lists these California OHV 
 riding areas and their associated riding seasons for off -highway recreational vehicles 
that are subject to use restrictions.  
 
(g)(1) On or after January 1, 1997, no new engines greater than 90 cc may  be produced 
for sale to replace off -road motorcycles, all -terrain vehicles and engines used in such 
vehicles, unless those engines comply with the emission control standards in effect at 
the time of replacement.  
 
(2) On or after January 1, 1997, manufacturers may not produce for sale in federal 
ozone non- attainment areas of California new, non- zero emission engines for golf 
carts.  
 
(3) On or after January 1, 1999, no new engines 90 cc or less may be produced for 
sale to replace off -road motorcycle and all -terrain vehicle engines, unless those 
engines comply with the emission control standards in effect at the time of 
replacement.  
 
(4) On or after January 1, 2007, no new engines may be produced for sale to 
replace engines in off -road sport vehicles, off -road utility vehicles, or sand cars, 
unless those engines comply with the emission control standards in effect at the time 
of replacement.  
 
 (h) The Executive Officer may find that any off -highway recreational vehicles or engines 
used in such vehicles certifie d to comply with California emission standards and test 
procedures for on- road or other off -road applications are in compliance with these 
regulations.  
 
(i) No crankcase emissions shall be discharged into the ambient atmosphere from the 
following vehicles,  or from engines used in such vehicles:  
 
(1) 1997 and later off -road motorcycles, all -terrain vehicles, golf carts;  
(2) 2007 and later off -road sport vehicles, off -road utility vehicles, and sand cars.  
 
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health and 
Safety Code. Reference: Sections 43013, 43018, 43102, 43104 and 43107, Health and 
Safety Code.  
 
 
  § 2415. California Off -Highway Vehicle Areas and Riding Season for Off -Highway 
Recreational Vehicles with Use Restrictions.  
(a) The following table lists public off -highway vehicle (OHV) areas in California that are 
designated for off -highway recreational vehicle operation. Although not every type of off -
highway recreational vehicle may be eligible to operate at every OHV area due to 
restrictions by the designated Public Land Management Agency other than this section, 
vehicles that meet the emission standards in section 2412(b) are not subject to the 
riding season restrictions noted below. Model year 2003 and later  through 2021  off-road 
motorcycles and ATVs that are certified pursuant to section 2412( c)(1)(B) are permitted 
to operate in the public areas designated for OHV use noted below, only during the 
applicable riding seasons noted. This table contains the following information: Public 
Land Management entities, OHV riding area names, and the applicable riding seasons. 
The OHV areas are listed in order of location, from north to south.  
 
 
 
   Table 1  
OHV Areas and Their Riding Seasons for Vehicles With Use Restrictions  
 
  
 
 
 
 
 
 
 (b) The Executive Officer shall publish in the California Regulatory Notice Register and 
notify potentially affected OHV Area Managing Entities regarding revisions to Table 1 in 
subsection (a) at least 30 days before the revisions take effect, in the following 
situations:  
 
(1) The Executive Officer may revise Table 1 in subsection (a) where there is a 
change in the designation (with respect to California Ambient Air Quality Standards), 
from zone nonattainment to attainment, of an area in which an OHV area is located, 
provided that the attainment ar ea is not identified as an upwind contributor to 
significant impacts to transport of ozone or ozone precursors as identified and 
defined in Section 70500, Title 17, California Code of Regulations.  
 
(2) The Executive Officer may revise Table 1 in subsection  (a) to reflect changes in 
the physical characteristics or identity of OHV Areas, including but not limited to 
changes in ownership or control of listed areas, addition or deletion of areas, or 
changes in the geographic domain of listed areas.  
 
(c)  Sectio n 2415 shall only apply through December 31, 2024.  Effective January 1, 
2025, off -road motorcycles and ATVs that were certified pursuant to section 
2412( c)(1)(B) are permitted to operate year round in public areas designated for OHV 
use unless otherwise restricted by the designated Public Land Management Agency . 
 
Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health and 
Safety Code; and Sections 38020 and 38390, Vehicle Code. Reference: Sections 
43013, 43018 and 43107, Health and Sa fety Code.  
 
§ 2416. Applicability.  
(a) (1) This Article applies to all new model year 2018 or later off -highway recreational 
vehicles (OHRV) for sale, lease, use, or offered for sale, lease or use, or otherwise 
introduced into commerce in California (herei nafter collectively referred to as “sold or 
offered for sale”).  
(2) New OHRVs, subject to any of the standards set forth in Article 3, must be certified by the Air Resources Board and covered by an Executive Order of Certification pursuant to section 2419. 4 of this Article before being sold or offered for 
sale in California.  
(b) The following OHRVs are exempt from the requirements of this regulation:  
(1) OHRVs certified solely to operate on diesel fuel,  
(2) Snowmobiles,  
(3) Zero emission off-road vehicles, except when optionally certified to generate  advanced fuel system credits, pursuant to section 2419.4, and  
(4) OHRVs of model year 2003 – 2021  that are certified as meeting Cal. Code Reg., 
tit. 13 § 2412( c)(1)(B).  
(c) Each part of this Article i s severable, and in the event that any part of this chapter or 
Article is held to be invalid the remainder of this Article continues in full force and effect.  
(d) This Article includes provisions for certification, labeling requirements, emissions 
standard enforcement, recall, and use restrictions.  
NOTE:  Authority cited:  Sections 39600, 39601, 43013, 43018, 43105, 43107, 43205.5, 43210, and 43824, Health and Safety Code.  Reference:  Sections 43013, 43018, 43105, 43106, 43107, 43205, 43205.5, 43210, and 43824, Health and Safety Code. 
Section 27156, California Vehicle Code.  
 
§ 2418. Evaporative Emission Standards and Test Procedures.  
(a) Manufacturers of OHRVs must comply with the following evaporative emission 
standards for new OHRVs sold or offered for sale in California.   
(1) Evaporative emissions from an OHRV may not exceed the following 
limitations:     
(A) The applicable emissio n standards outlined in Ta ble 1 for either the 72 
hour diurnal standard or the steady state diurnal standard.  All OHRVs 
certified to the emission standards below are presumed to demonstrate compliance with federal permeation standards specified in Cal. Code Regs., 
tit.13, § 2412(b)(2).   
Table 1  
Vehicle and 
Model Year  Required Tests  72-Hour Diurnal  
Standard(1)  Steady State Diurnal 
Standard(2)  
OHRVs  
2018 and 
later model 
years  Diurnal  1 gram TOG/day  1 gram TOG/day  
Fuel System  
Leakage Tip 
Test  No visible liquid leakage  
(1) Highest 24- hour diurnal test result over three consecutive 24- hour diurnal test periods.  
(2) 24-hour diurnal test result plus calculated vented emissions.   (B) All -Terrain Vehicle (ATV) Filler Neck Compatibility Standard.  
Beginning with model year 2018, ATVs with fuel tanks that are redesigned 
to be geometrically different from fuel tanks of 2017 and earlier model years, 
and have a nominal capacity of greater than 3.5 gallons, must meet the filler pipe sealing surface requi rements of Figure 1 of the International Standards 
Organiz ation 13331:1995(E), published June 1, 1995, which is incorporated 
by reference herein.  Perpendicularly down from the mating surface there must be a minimum of 120 mm (90 mm for nozzle, 5 mm for bellows 
compression, and 25 mm for extra space fuel flow) to the bottom of the tank.  
    
(2) Zero emission off-road vehicles must produce zero fuel evaporative 
emissions under any and all possible operational modes and conditions and are, 
therefore, not required to perform evaporative emissions testing to certify in 
accordance with section 2419.4.  
(b) Small Volume OHR V Manufacturer Design- Based Standard.  
(1) In lieu of certifying to the emission standards in subdivision (a), a small 
volume OHRV manufacturer  may certify OHRVs to the design- based standards 
set out in Table 2.  If a Small Volume OHRV Manufacturer elects to certify under 
this subdivision, they must perform a tip- test as specified in subdivision (a)(1).  
Table 2  
Effective  
Date  
Model Year  Fuel Tank  
Permeation  
Grams/m2/day  Fuel Hose  
Permeation  
Grams/m2/day  Carbon Canister  
Working Capacity  
Grams/Liter of  
Nominal Fuel Tank 
Volume  Fuel 
Injection  
2018 and 
later model 
years  1.5 @ 28°C  
(82°F)(1)  5.0 @ 35°C 
(95°F)  1.0(2)  Required 
(1) Fuel tank permeation standards specified in Cal. Code Regs., tit.13, § 2412(b)(2).  
(2) The carbon canister must be actively purged during engine operation.  
  
(c) The test procedures for determining compliance with the standards in subdivision 
(a) and (b) are as follows:  
  
(1) The test procedure used for subdivision (a) is TP -933.  
  
(2) The test procedures used for subdivision (b) are specified in 
subdivisions (A), (B), and (C) below:  
   i. Fuel hose permeation, as set forth in SAE J1737, as amended 
May 14, 2013, using the test fuel specified in TP -933.  
Alternatively, fuel hose permeation m ay be tested in 
accordance with section 2412(c)(1).   
ii. Fuel tank permeation, as set forth in Part 1060.520, Title 40, 
Code of Federal Regulations, as amended on April 30, 2010, 
and incorporated by reference herein.  
iii. The carbon canister, as set forth in TP -902. 
(3) Compliance with the standards in subdivision (b) shall be determined 
in accordance with section 2856(a)(3).  
 
(d) Phase- in Schedule.  
(1) For model years 2018 through 2021, OHRV manufacturers may 
phase- in evaporative emission standards specified in subdivis ion (a) 
so that 75 percent of all OHRVs sold in model years 2018 through 
2021 are compliant with the requirements in section 2419.4, or;  
(2) The weighted average of compliant OHRVs must be greater than 75 
percent and can include early compliant model year 2017 OHRVs in the 
model year (MY) 2018 calculation so that: (MY2017%control + 
MY2018%control) X 0.4 + MY2019%control X 0.3 + MY2020%control X 0.2 + MY2021%control X 0.1 >75 % and percent compliance cannot decrease.  
 
(3) All 2018 through 2021 model year OHRVs t hat are not subject to these 
standards pursuant to the phase- in schedule must comply with the 
evaporative permeation requirements for 2008 and later model year OHRVs, as described in Cal. Co de Regs., tit.13, § 2412(b)(2).  
 
(4) The percentage of OHRV fleet aver aged across model years 2018 
through 2021 must be used to determine co mpliance with this 
requirement.  
 
(5) For the purpose of calculating the fleet average, an OHRV 
manufacturer must use the percentage of OHRVs sold or offered for sale in California for model years 2018 through 2021.  An OHRV 
manufacturer may calculate this average percentage using the 
projected sales for these model  years in lieu of actual sales.  
 
(6) Any OHRV manufacturer that participates in the phase- in period must 
comply with the administrativ e requirements in section 2419.4(d) .   
(7) For model years 2020 and 2021, off -road motorcycles and ATVs that 
are certified in accordance with the alternative evaporative standards 
set forth in section 2418( e) shall not be included in the phase- in 
calculation.   
 
(e)  Beginning in model year 2020, off-road motorcycle and ATV manufacturer s may 
comply with the alternative evaporative standards shown in Table 3 or Table 4 
in lieu of the emission standards set forth in subdivision (a) .  The controls 
specified in Table 3 or Table 4 shall be implemented following  the schedule in 
Table 5: 
 
Table 3 –  Alternative Standar ds for Off- Road Motorcycles  
Tier Fuel Tank  
Permeation  
Grams/m2/day Fuel Hose  
Permeation  
Grams/m2/day Fuel Injection 
or Automatic  
Fuel Shutoff(3) Carbon Canister  
Working 
Capacity  
Grams/Liter of  
Nominal Fuel 
Tank Volume  
I Certified per Cal. Code Regs., tit.13, § 2418(a) or 1976(b)(2)  
II 1.5 @ 28°C  
(82°F)(1) 15.0 @ 23°C 
(74°F)(1) Required 1.0(1)(2) 
III 1.5 @ 28°C  
(82°F)(1) 15.0 @ 23°C 
(74°F)(1) None  None  
 
(1) Certification and t est procedures specified in Cal. Code Regs., tit.13, § 2418( c)(2) and (3)   
(2) For motorcy cles with engines greater than 11 0 cc displacement, t he carbon canister must be actively purged 
during engine operation.   Motorcycles with  engines less than or equal to 11 0 cc displacement may use either 
actively purged or passively purged canisters.   Active purge refers to ambient air being drawn through a carbon 
canister  by a vacuum created by the intake system.  Passive  purge refers to ambient air being drawn through 
a carbon canister  by the vacuum created by normal diurnal variations of the fuel tank temperature.  
(3) Automatic fuel shutoff is a valve or similar mechanism that completely stops the flow of fuel to the carburetor 
automatically whenever the vehicle is turned off.  
    
Table 4 –  Alternative Standards for ATVs  
Tier Fuel Tank  
Permeation  
Grams/m2/day Fuel Hose  
Permeation  
Grams/m2/day Fuel Injection 
or Automatic  
Fuel Shutoff(3) Carbon Canister  
Working Capacity  
Grams/Liter of  
Nominal Fuel Tank 
Volume  
I Certified per Cal. Code Regs., tit.13, § 2418(a)  
II 1.5 @ 28°C  
(82°F)(1) 15.0 @ 23°C 
(74°F)(1) Required 1.0(1)(2) 
III 1.5 @ 28°C  
(82°F)(1) 15.0 @ 23°C 
(74°F)(1) None  None  
 
(1) Certification and t est procedures  specified in  Cal. Code Regs., tit.13, § 2418(c )(2) and (3) .  
(2) For ATVs with engines greater than 110 cc displacement, the carbon canister must be actively purged during 
engine operation.  ATVs  with engines less than or equal to 11 0 cc displacement may use either actively  purged 
or passively purged canisters.  Active purge refers to ambient air being drawn through a carbon canister  by a 
vacuum created by the intake system. Passive purge  refers to ambient air being drawn through a carbon 
canister  by the vacuum created by normal diurnal variations of the fuel tank temperature.  
(3) Automatic fuel shutoff is a valve or similar mechanism that completely stops the flow of fuel to the carburetor  
automatically  whenever the vehicle is turned off.  
 
Table 5 – Phase -In Schedule   
Type  Tier 2020- 2021  2022- 2026  2027+  
Off-Road Motorcycles w/ 
Engines > 110 cc  I 0% 0% > 50% 
 II 0% 0% ≤ 50% 
 III 100%  100%  0% 
Off-Road Motorcycles w/ 
Engines ≤ 110 cc  II 0% 0% 100%  
 III 100%  100%  0% 
ATV w/ Engines >110 cc  I 0% > 80% > 80% 
 II 0% ≤ 20% ≤ 20% 
 III 100%  0% 0% 
ATV w/ Engines ≤ 110 cc  II 0% 0% 100%  
 III 100%  100%  0% 
NOTE:  Authority cited:  Sections 39600, 39601, 43013, 43018, 43105, 43107, 43205.5, 43210, and 
43824, Health and Safety Code.  Reference:  Sections  43013, 43018, 43105, 43106, 43107, 43205, 
43205.5, 43210, and 43824, Health and Safety Code. Section 27156, California Vehicle Code.   
  § 2419.4. Evaporative Emissions Control System Testing and Certification 
Requirement.  
(a) Requirement to Comply with All Other Applicable Codes and Regulations.   
Certification or approval of any equipment or evaporative emissions control 
system by the Executive Officer does not exempt the equipment or evaporative 
emissions control system from compliance with other laws, rules or regulations including state and federal safety codes and regulations.   
(b) Certification Requirements.  
(1) OHRV Manufacturer Certification Requirements.   
For model years 2018 and later, OHRVs must be tested with the entire 
evaporative emissions control  system as a complete vehicle.  To obtain an 
Executive Order of Certification, an OHRV manufacturer must demonstrate compliance with one of the following two options:  option one– comply with 
subparagraph (A) and subparagraphs (C) through (F) below, option  two–comply 
with subparagraph (B) and subparagraphs (C) through (F) below.  
(A) Perform OHRV testing in accordance with section 2418(c).  Measured emissions must be at or below the applicable evaporative emissions standards listed in section 2418(a) unless cer tifying as a zero emissions 
off-road vehicle.  
(B) Evaporative families that do not meet the evaporative emissions standards outlined above must comply by offsetting any shortfall with 
evaporative emissions credits generated with the same model year as 
specified in subdivision (c).  
(C) Comply with all adminis trative requirements in subdivision (d).  
(D) Meet the applicable warranty requirements of sections 2419.1 and 
2419.2.  
(E) Meet the evaporative emissions control labeling requirements of section 
2419.  
(F) Submit an Executive Order of Certification application as described in subdivision (4) to the Emissions Compliance, Automotive Regulations and Science Division Chief, Air Resources Board.    
(2) Small Volume OHRV Manufacturer Design- Based Certification 
Require ments.   In order to facilitate OHRV design- based certification, small volume OHRV 
manufacturers may reference Component Executive Order of Certification 
numbers in their design- based Executive Order of Certification application or 
provide test results.  The Air Resources Board (ARB) will certify emissions  
related parts relating to fuel hoses, fuel tanks, and venting control devices to the emission standards in section 2418(b) by issuing Component Executive Orders 
of Certification.  Evaporative emissions control component manufacturers may obtain a Component Executive Order of Certification through the process outlined in subdivision (3).  To obtain an OHRV Executive Order of Certification 
for the design- based evaporative emissions standard a small volume OHR V 
manufacturer must demonstrate compliance with paragraphs (A) through (F) 
below.  
(A) Have measured emissions at or below the emission standards listed in section 2418(b) in accordance with the testing requirements in section 2418(c) or reference Component Ex ecutive Order of Certification numbers 
of approved evaporative emissions control components.  
(B) Comply with all administrative requirements in subdivision (d).  
(C) Meet the applicable warranty requirements of sections 2419.1 and 
2419.2.  
(D) Meet the evaporative em issions control labeling requirements of section 
2419.  
(E) Complete the installation as directed by the fuel hose, fuel tank, and carbon canister component or other venting evaporative emissions control 
component manufacturer and verify adherence to specifica tions contained 
within the referenced Component Executive Order of Certification.  
(F) Submit a design -based Executive Order of Certification application, as 
described in subdivision (4) to the Emissions Compliance, Automotive Regulations and Science Division Chief, Air Resources Board.   
(3) Evaporative Emissions Control Component Manufacturer Certification 
Requirements.  
To obtain a Component Executive Order of Certification, an evaporative 
emissions control component manufactur er must demonstrate compliance with 
paragraphs (A) through (D) below:  
 
(A) Have measured evaporative emissions at or below the emission 
standards listed in section 2418(b) in accordance with the testing 
requirements in section 2418(c).  
(B) Comply with all administrative requirements in subdiv ision (d)(2).   (C) Meet the evaporative emissions control component labeling requirements 
of section 2419(e).  
(D) Submit a Component Executive Order of Certification application in writing as described in subdivision (5) to: Chief, Monitoring and Laboratory Divis ion, Air Resources Board, P.O. Box 2815, Sacramento, California 
95812.  
(4) Application for an Executive Order of Certification.  
An application for an evaporative emissions control Executive Order of 
Certification must be submitted in the English language by the OHRV manufacturer.  Where possible, an OHRV manufacturer may submit a combined application for both exhaust emissions control certification, as set forth in Cal. 
Code Regs., tit.13, § 2412, and evaporative emissions control certification, as 
set forth in this section, as long as the requirements for both are fulfilled.  The 
application for an evaporative emissions control Executive Order of Certification must describe all OHRVs in each evaporative family for which the certification is 
requested.  Any changes to the Executive Order of Certification application must 
be updated and corrected by amendment.  The Executive Order of Certification application must be signed under penalty of perjury by an authorized 
representative of the OHRV manufacturer.  The E xecutive Order of Certification 
application submitted by the OHRV manufacturer must include items described 
in paragraphs (A) through (H) and paragraphs (I) or (J) below:  
(A) Identification and description of the OHRVs covered by the Executive Order of Certif ication application and a description of the engine, 
evaporative emission control system, and fuel system components.  This 
must include a detailed description of each auxiliary emission control 
device.  Transmission gear ratios, overall drive ratios, and vehicle mass (or masses) must also be included.  
(B) The range of available fuel and ignition system adjustments.  
(C) Projected California sales data sufficient to enable the Executive Officer to 
select a test fleet representative of the OHRVs for which certification is 
requested.  
(D) A statement attesting that the test equipment meets the requirements set forth in TP -933, or if different, a description of the test equipment used for 
determining compliance with the applicable emission standards and the test fuel and engine lubricant proposed to be used in the test OHRVs for certification.  
(E) A statement specifying the service accumulation procedures used follows subdivision 1 or 2 below:   1. The service accumulation procedure is the same as used for exhaust 
emissions testing set forth in Cal. Code Regs., tit.13, § 2410 et seq., and 
the requirements in TP -933; or,  
2. A description of the proposed service accumulation procedure used to 
age the test OHRV or evaporative emission control system to its useful 
life and a description of the proposed scheduled maintenance.  
(F) A statement of recommended periodic and anticipated maintenance 
and pr ocedures necessary to assure that, in operation, the OHRVs covered 
by an Executive Order of Certification conform to the regulation.  The statement must include the fuels and lubricants recommended for use by the 
ultimate purchaser, a description of the pr ogram for training of personnel on 
maintenance requirements, and the equipment required to perform this 
maintenance.  
(G) A statement attesting that the evaporative emissions control label is 
designed to withstand the OHRV’s total useful life and a description of the 
label as specified in section 2419.  The description may be a scaled copy or blueprint of the label.  The Executive Order of Certification application must specify the location where the label is to be affixed on the OHRV.    
(H) A copy of the evaporat ive emissions control warranty that is provided 
to the ultimate purchaser as specified in sections 2419.1 and 2419.2.  
(I) For complete OHRV certification to the standards specified in section 
2418(a) the Executive Order of Certification application must inclu de a 
description of the evaporative emission controls and applicable test data and a statement declaring that all test OHRVs for which data was submitted were tested using the appropriate test procedure and conform to the provisions of 
this Article.  If su ch statements cannot be made with respect to any test 
OHRV, the OHRV must be identified, and all pertinent test data relating 
thereto must be supplied.  
1. The test data must include laboratory test reports, name and address 
of test laboratory, a description of the test, test dates and mileages, test 
fuel specification, and test results.  The test data must include invalid 
and/or voided tests and the reason s uch tests are invalid or void.   
2. Include a statement that the deterioration factors are determined in the 
same manner as the exhaust emissions deterioration factors with the exception that evaporative emissions deterioration factors are additive or include a description of the deterioration factor calculation.  Additive 
deterioration factors computed to be less than 0.000 must be 0.000.   
3. The certification level may be equal to or greater than the emissions 
level of the certification test.  The certificatio n level must be specified.    4. Calculations showing any over compliance or under compliance.  For 
evaporative families that under comply, calculations must be submitted 
showing how the shortfall will be made up using credits as specified in 
subdivision (c).    
(J) For small volume OHRV manufacturer design -based certification as 
specified in 2418(b) the Executive Order of Certification application must include the approved Component Executive Order of Certification number(s) 
for the fuel tank, fuel hose, and carbo n canister evaporative emissions control 
components certified to the emissions standards listed in Table 2 of section 
2418(b).  Optionally, small volume OHRV manufacturers can supply 
compliant test results for the fuel tank, fuel hose, and carbon canister 
evaporative emissions control components showing that they meet the requirements listed in Table 2 of section 2418(b) when tested following the 
test procedures listed in section 2418(c)(2).  The small volume OHRV 
manufacturer must document all evaporative emissions control -related parts 
installed on the OHRV.  If the evaporative emissions control design- based 
standards are amended in Table 2 of section 2418(b), only Component 
Executive Orders of Certification that comply with the amended standard(s) 
may be used by small volume OHRV manufacturers after the amended 
standards become effective.  
(5) Application for a Component Executive Order of Certification.  
An application for a Component Executive Order of Certification must be 
submitted in the English language by the evaporative emissions control 
component manufacturer.  Any changes to the Component Executive Order of Certification application must be updated and corrected by amendment.   
The Component Executive Order of Certification application must be signed 
under penalty of perjury by an authorized representative of the evaporative emissions control component manufacturer.  The Component Executive Order of Certification application submitted by the evaporative emissions control 
component manufacturer must inc lude items described in paragraphs (A) 
through (F) below:  
(A) The Executive Order of Certification application must include data 
demonstrating that the evaporative emissions component meets the 
applicable standards in Table 2 of section 2418(b).    
  
(B) A statement attesting that the test equipment meets the requirements 
set forth in section 2418(c) and a description of the test equipment used for determining compliance with applicable emission standards.  
   (C) The applicant must include the data generated by an independent 
laboratory from at least five representative samples of the evaporative 
emissions control component.  All five representative samples of the 
evaporative emissions control components must be tested using the approved test procedures as spec ified in 2418(c)(2).  All information, 
including proprietary data submitted by an evaporative emission control component manufacturer pursuant to this section, will be handled in accordance with the disclosure of public records procedures specified in Cal.  
Code Regs., tit.17, § 91000- § 91022.  
  
(D) The test data must include laboratory test reports, the name and 
address of the test laboratory, test dates, a description of the evaporative emission control technology, and test fuel specification.  The test data must 
include invalid and/or voided tests and the reason such tests are invalid or void.  
  
(E) A statement attesting that the evaporative emissions control label is 
designed to withstand the component’s total useful life and a description of the label as speci fied in section 2419(e).  The description may be a scaled 
copy or blueprint of the label.    
  
(F) The evaporative emissions control component manufacturer must 
submit a sample of the evaporative emission control component for which the certification applicati on has been submitted.  
(6) Approval and Disapproval of Executive Orders of Certification.  
(A) Within 30 days of receipt of the Executive Order of Certification 
application the Executive Officer must determine whether an application is 
complete.  If no determinat ion is made the Executive Order of Certification 
application is deemed to be incomplete.  If an application is deemed 
incomplete the Executive Officer will notify the applicant of the determination, 
and the basis therefore, in writing within 30 days of the application being 
deemed incomplete.       
(B) Within 90 days after an application has been deemed complete, the 
Executive Officer will notify the applicant of his or her intent to approve or 
disapprove an Executive Order of Certification.  The Executive Offi cer will 
review the test reports and data submitted, including data from tests requested or conducted by the Executive Officer, data obtained during an inspection, and any other pertinent data or information.  If the Executive 
Officer determines that a tes t OHRV does not meet the requirements of 
sections 2416, 2417, 2418, 2419, 2419.1, 2419.2, 2419.3, or 2419.4, or any 
of the incorporated test procedures, the Executive Officer will notify the 
applicant in writing and set forth the reason(s) for the determination.  If  approved, an Executive Order of Certification will be issued by the Executive 
Officer.  The applicant and the Executive Officer may mutually agree to a 
longer time for reaching a decision.  An applicant may submit additional 
supporting documenta tion before a decision has been reached.    
(C) The Executive Officer may disapprove in whole or in part an Executive 
Order of Certification application for any failure to meet regulatory requirements including, but not limited to, emission results exceeding the 
applicable standards, incompleteness, inaccuracy, inappropriate proposed 
mileage accumulation procedures, maintenance, test equipment, label 
content or location, fuel or lubricant, and incorporation of defeat devices in 
OHRV(s) described by the applicati on.  Within 30 days of a decision to 
disapprove, the Executive Officer will notify the applicant in writing and set 
forth the reasons for such disapproval.    
(D) Within 30 days of receiving the notice of intent to disapprove, the 
OHRV manufacturer may choose to proceed with option 1 or 2 below.  If no 
communication is received from the OHRV manufacturer within 30 days, the 
Executive Officer will formally disapprove the Executive Order of Certification 
application.  
1. Option 1 -Request a hearing.  
2. Option 2 -Repair the test OHRV and demonstrate by retesting that it 
meets applicable evaporative emissions standards.  
3. Option 3 -Replace the test OHRV and demonstrate by testing, in 
accordance with the requirements of this regulation, that it meets applicabl e evaporative emissions standards.   
(E) An Executive Order of Certification will be issued for a period not to 
exceed one model year.  The Executive Order of Certification will set forth 
such terms and conditions, as necessary, to assure that any new OHRV(s) 
covered by the Executive Order of Certification will meet the provisions of this 
Article.  
  
(F) If the Executive Officer determines that an evaporative emissions 
control component for which a Component Executive Order of Certification 
has been issued no longer  meets the applicable emission standard the 
Executive Officer may suspend or revoke the Component Executive Order of 
Certification in accordance with subdivision (g).  In such a case any 
preexisting Executive Order of Certification for an OHRV that references the 
suspended or revoked Component Executive Order of Certification will 
remain valid.  
(7) Approval and Disapproval of Component Executive Orders of Certification.   (A) Within 30 days of receipt of the Component Executive Order of 
Certification applicatio n the Executive Officer must determine whether the 
application is complete.  If no determination is made the Component 
Executive Order of Certification application is deemed to be incomplete.  If an application is deemed incomplete, the Executive Officer w ill notify the 
applicant of the determination, and the basis therefore, in writing within 30 days.                         
(B) Within 90 days after an application has been deemed complete the 
Executive Officer will notify the applicant of his or her intent to approve or disapprove the Component Executive Order of Certification.  The Executive 
Officer will review the test reports a nd data submitted by the evaporative 
emissions control component manufacturer, including data from tests 
requested or conducted by the Executive Officer, data obtained during an 
inspection, and any other pertinent data or information.  If the Executive 
Officer determines that an evaporative emissions control component does not 
meet the requirements of sections 2416, 2417, 2418,  
2419, 2419.3, or 2419.4, or any of the incorporated test procedures, the 
Executive Officer will notify the applicant in writing and set forth the reason(s) for the determination.  If approved, a Component Executive Order of Certification will be issued by the Executive Officer.  The applicant and the 
Executive Officer may mutually agree to a longer time for reaching a decision.  
An applicant may submit additional supporting documentation before a 
decision has been reached.
   
(C) The Executive Officer may disapprove in whole or in part an 
application for a Component Executive Order of Certification for any failure to meet regulatory requir ements including, but not limited to, evaporative 
emissions results exceeding the applicable standards, incompleteness, inaccuracy, inappropriate preconditioning, test equipment, label content or location, and test fuel described by the application.  Withi n 30 days of a 
decision to disapprove, the Executive Officer will notify the applicant in writing and set forth the reasons for such disapproval.  
(D) Within 30 days upon receipt of a disapproval notice, the evaporative 
emissions control component manufacturer  may request a hearing with the 
Executive Officer.  
(E) A Component Executive Order of Certification is valid until suspended 
or revoked by the Executive Officer or upon request of the evaporative emissions control component manufacturer.  
(F) If the Executive Off icer determines that an evaporative emissions 
control component for which an approval has been issued no longer meets the applicable standards, the Executive Officer may suspend or revoke the  Component Executive Order of Certification following provisions in 
subdivision (g).  
(c) Advanced Fuel System Credits.   
(1) An OHRV manufacturer is eligible to use advanced fuel system credits to 
certify OHRV evaporative families subject to section 2418(a) with the 
following requirements:  
(A) OHRV(s) must be tested to the diurnal standards in section 2418(a) or 
must be certified as a zero- emissions off-road vehicle.  
(B) In order to generate credits, zero emission off-road vehicles must follow 
the administrative requirements in subdivision (d) to obtain an Executive 
Order of Certification.   
(C) Certified zero emission off -road vehicles will be awarded a 0.75 1.5 TOG 
diurnal credit by the Air Resources Board.    
(D) Advanced fuel s ystem credits may only be applied to emissions families 
of the same model year.  
(E) An OHRV manufacturer may not sell or trade advanced fuel system 
credits.   
(F) No evaporative family can be certified for sale in California that emits over 
300 percent of the diurnal standard in section 2418(a).  
(G) (F) Results are to be calculated with consistent arithmetic units and 
rounded to the nearest tenth of a gram.  
(H) (G) Zero emission golf carts are not eligible to participate.  
(I) (H) An OH RV manufacturer must offset TOG debits with TOG  credits for 
each model year, so that the sum of total TOG  credits is greater than or 
equal to the sum of TOG debits.  
    
(2) For each model year, an OHRV manufacturer electing to certify with credits must calculate TOG credits and debits separately for each evaporative family.  For each evaporative family the OHRV manufacturer must subtract the diurnal EFEL from the diurnal standard in section 2418(a).  A negative result 
is a TOG debit.  A positive result is a TOG credit.  For certified zero emission 
off-road vehicles the TOG credit is 0.75 1.5 g TOG/day for each vehicle 
certified.  The result, or per zero emission off-road vehic le credit, is multiplied 
by the number of projected sales for each evaporative family for the model year to calculate the total TOG credits or debits.    (3) The OHRV manufacturer bears the burden of establishing, to the satisfaction 
of the Executive Officer, that the conditions upon which the Executive Order 
of Certification was issued were satisfied.  Evaporative family certification 
based on credits may be revoked based on review of end- of-year reports, 
follow -up audits, actual sales volumes, and any other verification steps 
considered appropriate by the Executive Officer.  If any evaporative family is found to exceed the OHRV EFEL all vehicles sold under that Executive Order of Certification will be considered non- compliant with this regulation.  
(d) Administrative Requirements.  
(1) Maintenance of Records for OHRV Manufacturers.  
(A) The OHRV manufacturer must establish, maintain, and retain the 
following organized records for each evaporative family:   
1. ARB evaporative family identification code,   
2. Model number and engine size,  
3. Make and model name,  
4. Projected sales volume for the model year,  
5. Certification test results,  
6. Actual sales volume for the model year,  
7. Phase- in calculation, and  
8. Advanced fuel system credit calculations.  
(B) For the purpose of this Artic le, actual sales are defined as shipments 
to distributors of OHRV(s) sold or offered for sale in California.  The OHRV 
manufacturer must submit California actual sales data as it becomes 
available for each model sold or offered for sale in California, but no later than 90 days after the end of the model year.  
(C) The OHRV manufacturer must retain all records required to be 
maintained under this section for a period of eight years from the due date for the end- of-model year report.  Records may be retained as a  hard copy, on 
CD-ROM, diskettes, and on other electronic storage media depending on the 
OHRV manufacturer's record retention procedure provided that in every case all information contained in the hard copy is retained.  An OHRV  manufacturer must submit al l information requested by the Executive Officer 
within 30 days of the date of such request.  
(D) The Executive Officer may revoke or suspend the Executive Order of 
Certification for an evaporative family for which the OHRV manufacturer fails 
to retain the rec ords required in this section or fails to provide such 
information to the Executive Officer upon request.  No new Executive Orders of Certification will be issued to the OHRV manufacturer until the requested records are made available, or the Executive Off icer approves an OHRV 
manufacturer’s or evaporative emissions control component manufacturer’s submitted plan addressing why the records were unavailable and steps being taken to ensure future records will be available upon request.  
(2) Maintenance of Records for Evaporative Emissions Control Component 
Manufacturers.  
(A) The evaporative emissions control component manufacturer must 
establish, maintain, and retain the following organized records for each 
evaporative emissions control comp onent certified:   
1. Certification test results,  
2. List of OHRV manufacturers that reference the evaporative 
emissions control component in their certification application, and  
3. A copy of all the information and documents provided with the application for Com ponent Executive Order of Certification.  
(B) The evaporative emissions control component manufacturer must 
retain all evaporative emission control components used for testing to generate certification or durability data for as long as the Component 
Executive Order of Certification remains valid.  
(C) Records may be retained as a hard copy, on CD -ROM, diskettes, and 
on other electronic storage media depending on the evaporative emissions 
control component manufacturer's record retention procedure provided that in 
every case all information contained in the hard copy is retained.  An 
evaporative emissions control component manufacturer must submit all 
information requested by the Executive Officer within 30 days of the date of such request.  
(D) The Executive Officer may  revoke or suspend the Component 
Executive Order of Certification for an evaporative emission control component for which the manufacturer fails to retain the records required in this section or fails to provide such information to the Executive Officer upon 
request.  No new Executive Orders of Certification will be issued to the 
evaporative emissions control component manufacturer until the requested  records are made available and/or the Executive Officer approves an 
evaporative emissions control component  manufacturer submitted plan 
addressing why the records were unavailable and steps being taken to ensure future records will be available upon request.   
(e) Final Report.   
(1) All manufacturers that certify OHRV(s) to subdivision (c) must generate a 
final report for each evaporative family that includes the OHRV projected sales volume, actual sales volume, and EFELs.  Additionally, the following items must be included in the final report:  
(A) Manufacturers that certify OHRV(s) using advanced fuel system 
credits, described in subdivision (c), must include a calculation to show that the total TOG credits are equal to or greater than the TOG debits.  
(B) At the end of the four year phase -in period OHRV manufacturers must 
submit a calculation to show at least 75 percent compliance with evaporative emissions standards over the 4- year period as described in section 2418(d).  
(2) Unless otherwise approved by the Executive Officer, final reports  must be 
submitted within 90 days of the end of the model year to: Chief, Emissions Compliance, Automotive Regulations and Science Division, Air Resources Board, 9528 Telstar Avenue, El Monte, CA 91731.   
(3) Failure by an OHRV manufacturer to submit any final  reports in the specified 
time for any OHRV(s) subject to regulation under this section is a violation.  
(f) Evaporative Testing Requirements.  
(1) Compliance Test Procedures.  
(A) The Executive Officer may order an OHRV manufacturer or 
evaporative emissions contr ol component manufacturer to make available for 
compliance testing and/or inspection one OHRV or evaporative emission component.  Unless otherwise directed by the Executive Officer, the OHRV or evaporative emissions control component must be delivered to:  Chief, 
Emissions Compliance, Automotive Regulations and Science Division, Haagen- Smit Laboratory, Air Resources Board, 9528 Telstar Avenue, El 
Monte, CA 91731.  The OHRV or evaporative emissions control component 
must be selected at random from sources specified by the Executive Officer 
according to a method approved by the Executive Officer which, insofar as practical, must exclude an OHRV or evaporative emissions control 
component that would result in an unreasonable disruption of the 
manufacturer's distr ibution system.  
(B) Air Resources Board personnel must have access to OHRV or 
evaporative emissions control component assembly plants or distribution  facilities for the purposes of OHRV selection and testing.  Scheduling of 
access must be arranged with the representative designated in the 
application for an Executive Order of Certification or a Component Executive 
Order of Certification.  
(C) All testing must be conducted in accordance with the applicable model 
year evaporative emission test procedures or evaporative emissions control component test procedures.  Any evaporative emission control system 
parameters must be set to values or positions that are within the range 
available to the ultimate purchaser as determined by the Executive Officer.  No break -in or modifications, adjustments, or special preparation or 
maintenance will be allowed on OHRV(s) chosen for compliance testing.    
(D) Correcti on of damage or maladjustment that may reasonably be found 
to have resulted from shipment of the OHRV(s) is permitted only after an initial test of the OHRV(s) unless the damage prevents the test from being completed safely.  The OHRV manufacturer may then make a request to the 
Executive Officer that the shipping damage be repaired, and if the Executive Officer concurs the OHRV(s) may be retested, and the original test results may be replaced by the after -repair test results.  
(E) The OHRV(s) must be randomly c hosen from the selected evaporative 
families according to the criteria specified herein.    
1. The OHRV(s) must be representative of the OHRV manufacturer's 
California sales.   
2. The OHRV(s) will be selected from the end of the assembly line.   
3. The selected OHR V(s) must pass a visual inspection test to verify the 
OHRV has the appropriate evaporative emissions control systems as 
documented in the approved Executive Order of Certification for the 
evaporative family.  
    
(F) Any OHRV(s) scheduled for compliance testing  must be selected, 
tested, and evaluated in accordance with TP -933, adopted November 5, 
2014.  The evaporative family will be deemed to have failed the compliance 
testing if the measured evaporative emissions are above the applicable EFEL.  Any evaporative emissions control component(s) subject to 
compliance testing must be selected, tested, and evaluated in accordance with the test procedure found in 2418(c)(2).  The evaporative emissions control component will be deemed to have failed the compliance testi ng if the 
measured evaporative emissions are above the applicable standard.  
(G) If the OHRV(s) selected for inspection fails the requirements of this 
section, or fails to conform to the labeling requirements of section 2419, the  Executive Officer will notify the OHRV manufacturer or evaporative emissions 
control component manufacturer in accordance with subdivision  
(f)(2).               
(2) Notification of Failure.   
If compliance testing identifies an OHRV or evaporative emissions control 
component that does not meet the evaporative emissions standards set out in section 2418, or that does not conform to the certification requirements in subdivision (b), the Executive Officer will notify the OHRV manufacturer or 
evaporative emissions control component manufacturer.  The Executive Officer will also notify the OHRV manufacturer or evaporative emissions control component manufacturer that the Executive Order of Certificat ion may be 
suspended or revoked.  The OHRV manufacturer or evaporative emissions control component manufacturer has 30 calendar days in which to notify the Executive Officer of their intent to provide additional information and/or independent test results for five tanks, engines, or equipment that document 
compliance of the evaporative family or evaporative emissions control 
component.  The Executive Officer will consider all relevant information provided by the OHRV manufacturer or evaporative emissions control component 
manufacturer and other interested parties, including, but not limited to, corrective 
actions applied to the noncompliant evaporative family or evaporative emissions control component.   
(g) Suspension and Revocation of Executive Orders of Certi fication and Component 
Executive Orders of Certification.   
(1) The Executive Officer may not revoke or suspend the Executive Order of 
Certification or Component Executive Order of Certification without 
considering any information provided by the OHRV manufact urer or 
evaporative emissions control component manufacturer related to the 
certification requirements contained in subdivision (b).  
(2) If the results of the compliance testing indicate that the failed OHRV(s) of a 
particular evaporative family or the failed evaporative emissions control 
component is produced at one plant, the Executive Officer may suspend the Executive Order of Certification or Component Executive Order of Certification with respect to the OHRV(s) or evaporative emissions control components manufactured at that plant only.  
(3) Notwithstanding the foregoing, the Executive Officer may suspend an  
OHRV’s Executive Order of Certification or Component Executive Order of 
Certification effective upon written notice to the OHRV manufacturer or evaporati ve emissions control component manufacturer if the Executive Officer 
finds that:    (A) The OHRV manufacturer or evaporative emission control component 
manufacturer has refused to comply with any of the applicable requirements 
for certification of this section;  or  
(B) The OHRV manufacturer or evaporative emissions control component 
manufacturer has submitted false or incomplete information in any report or information provided to the Executive Officer under this section; or  
(C) The OHRV manufacturer or evaporative emi ssions control component 
manufacturer has rendered inaccurate any test data submitted under this section; or   
(D) ARB personnel have been denied the opportunity to conduct activities 
authorized under this section by the OHRV manufacturer or evaporative emissi ons control component manufacturer.  
(4) The Executive Officer may revoke an Executive Order of Certification for an 
evaporative family after the Executive Order of Certification has been suspended pursuant to subdivision (f)(1) or (f)(2) if the proposed remedy for the 
nonconformity, as reported by the OHRV manufacturer to the Executive Officer, is one requiring a design change or changes to the evaporative emission control system as described in the Executive Order of Certification application of the 
affected evaporative family.  
(5) Once an Executive Order of Certification or Component Executive Order of 
Certification has been suspended pursuant to subdivision (f), the OHRV manufacturer or evaporative emissions control component manufacturer must 
take the following actions before the Executive Officer will consider reinstating the Executive Order of Certification:   
(A) Submit a written report to the Executive Officer that identifies the 
reason for the noncompliance of the OHRV(s) or evaporative emissions control component, describes the proposed remedy, including a description of 
any proposed quality control and/or quali ty assurance measures to be taken 
by the OHRV manufacturer or evaporative emissions control component 
manufacturer to prevent future occurrences of the problem, and states the 
date on which the remedies will be implemented; and  
(B) Demonstrate that the evapor ative family for which the Executive Order 
of Certification, or the evaporative emissions control component for which a Component Executive Order of Certification has been issued, has been 
suspended does in fact comply with the regulations of this part by testing an OHRV.  The results must meet the criteria required for certification in 
subdivision (b).   (6) Once the Executive Order of Certification has been revoked for an 
evaporative family or evaporative emissions control component, and if the OHRV 
manufactur er or evaporative emissions control component manufacturer desires 
to continue introduction into commerce of a modified version of that evaporative 
family or evaporative emissions control component then the OHRV manufacturer 
or evaporative emissions control component manufacturer must, after 
implementing the change or changes intended to remedy the nonconformity, demonstrate that the modified evaporative family or evaporative emissions control component does in fact conform to the applicable evaporative emi ssions 
standards of section 2418.  Conformity can be demonstrated by having five OHRVs from the modified evaporative family or five evaporative emissions control components tested following the test procedures in section 2418(c).  
Testing may be waived by the Executive Officer based on an OHRV 
manufacturer -submitted engineering evaluation that shows the change or 
changes do not affect evaporative emissions.   
(h) Tampering/Tamper Resistance.  
(1) Manufacturers must design OHRV evaporative emissions control syst ems in 
such a way that they are resistant to tampering or removal.  
(2) Any canister used to capture evaporative emissions from an off -road 
motorcycle must be mounted so it does not protrude from the OHRV such that it is prone to damage in a tip over.  
(3) If the canister installed on an off -road motorcycle is outside what would 
otherwise be the cross -sectional profile of the OHRV (with the hoods closed and 
cargo boxes in the position required for operation), or if the canister installed on 
an OHRV, except off -road motorcycles, is visible to someone standing next to 
the OHRV when the OHRV is completely assembled then the canister must be 
mounted such that non -conventional tools are required to remove it and the 
vapor line connections to the canister.  Otherwise, fas teners requiring 
conventional tools may be used.  
(4) The evaporative system must be designed in such a way that 
tampering/disassembling is not needed to conduct normal functions.  Normal functions include routine maintenance and refueling of the OHRV.  
(5) OHRV o wners are responsible for confirming all add- on or modified parts 
installed on OHRVs are compliant with evaporative emissions standards.    
(6) OHRV manufacturers must publish the following statement in the owner’s 
manual to inform OHRV owners of California regulations that prohibit tampering 
with emission control systems: “An add- on or modified part must be compliant  with applicable ARB evaporative emission control standards.  A violation of this 
requirement is punishable by civil and/or criminal punishment.”    
(7) OHRV manufacturers must include an OHRV tampering statement for all new 
OHRVs certified to the provisions of this Article informing OHRV owners of laws that prohibit tampering.  This may be accomplished by including the appropriate 
tampering statement o n a tag attached to the OHRV or by printing the 
appropriate tampering statement on the front cover of the owner’s manual.  
(A) The OHRV tampering statement text must be printed in the English 
language and use block letters and numerals, which must be of a color that 
contrasts with the background.   
(B) The OHRV tampering statement text must be large enough to be 
clearly legible.  
(C) The OHRV tampering statement must include a warning statement 
that reads “The removal or modification of evaporative emission- related par ts 
on this OHRV is illegal.  Violators may be subject to civil and/or criminal penalties as provided under California and federal law.”   
(D) If a removable tag is used, the OHRV tampering statement must be 
fastened in a way that it is destroyed upon removal.  The tag must also 
include an additional statement that reads “This tag may not be removed under penalty of law except by the vehicle owner.”  
(8) Any tampering, removal or modifications of the evaporative emissions control 
system is prohibited under Part 1068.101(b)(1), Title 40, Code of Federal Regulations.  
(A) Peace officers are given the authority to enforce illegal vehicle 
tampering by section 27156 of the California Vehicle Code.  
(B) Section 27156 of the California Vehicle Code prohibits the installation 
of any add- on or modified emission- related part on any pollution- controlled 
OHRV unless the part has been exempted by the Executive Officer.  The Executive Officer will exempt an OHRV part from the prohibition of   
California Vehicle Code section 27156 if the part is found to do either of the 
following:   
1. Not reduce the effectiveness of any required evaporative emissions 
control device on the OHRV,  or    2. Demonstrate that the applicable evaporative emissions standards are 
being met when the part(s) are properly installed on the OHRV.  Sale or 
installation of any aftermarket part or parts which could potentially affect the 
evaporative emissions control  system is prohibited in California without an 
ARB approved Anti -Tampering Exemption as stated in Cal. Code Regs., 
tit.13, § 2470 through 2476.    
(i) Inspection.   
Subject to the provision of this Article the Executive Officer or an authorized 
representat ive of the Executive Officer, may, as deemed necessary to ensure 
compliance with this Article, periodically inspect any facility which sells or offers for sale or manufactures OHRVs, sells or offers for sale or manufactures engines or 
sells or offers for s ale or manufactures evaporative emissions control components, 
technology, or systems.  Failure of an OHRV manufacturer or evaporative emissions 
control component manufacturer, distributor, retailer or other person subject to this Article to allow access for inspection purposes may be grounds for suspension or 
revocation of an Executive Order of Certification.  
NOTE:  Authority cited:  Sections 39600, 39601, 43013, 43018, 43105, 43107, 
43205.5, 43210, and 43824, Health and Safety Code.  Reference: Section 43013, 
43018, 43105, 43106, 43106, 43205, 43205.5, 43210, and 43824, Health and Safety 
Code.   Section 27156, California Vehicle Code.