1 
 FINAL  REGULATION ORDER 
 Amend  sections 2750, 2751, 2752, 2753, 2754, 2754.1, 2755, 2756, 2757, 2758, 2759, 
2760, 2761, 2762, 2763, 2764, 2765, 2766, 2767, 2767.1, 2768, 2769, 2770, 2771, 
2772, 2773 , title 13, California Code of Regulations,  and adopt section 2774,  to read as 
follows:  
 
(Note: Set forth are the amendments to the existing regulatory language.  The 
amendments are shown in underline  to indicate additions and strikeout
 to indicate 
deletions from  the existing regulatory text. ) 
 
Chapter 15.  Additional Off -Road Vehicles and Engines Pollution Control 
Requirements  
 
Article 1.  Evaporative Emission Requirements for Off -Road Equipment  
§2750.  Purpose.   
 
The purpose of these regulat ions is to:  
 (a) Set performance evaporative emission
 standards for gasoline- fueled, spark -
ignited small off -road engines rated at equal to or less than 19 Kilowatts, and 
equipment utilizing such engines;  
 (b) In order to give manufacturers maximum flexibil ity, compliance certification
 
programs are available beginning the 2006 model year.  The two options are 
identified in section  2754(a) and in section 2754(b), and assume require  running 
loss emissions areto be  controlled during engine operation, which result s in 
greater evaporative emissions reductions.  Manufacturers must select one option 
for each evaporative family they certify.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013 , Health and Safety Code.  
Reference:  Section 43013, Health and Safety Code.  
§2751.  Applicability.  
 (a) For the model year engines or equipment subject to this Article, no person shall:  
 
(1) manufacture for sale or lease for use or operation in California, or  
 (2) sell or lease or offer for sale or lease for use or operation in California, or  
 (3) deliver or import into California for introduction into commerce in California, without an evaporative emission control system that has been certified and labeled pursuant to this Article.  
  
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 (b) No person shall : 
 
(1) manufacture for s ale or lease for use or operation in California, or  
 
(2) sell or lease or offer for sale or lease for use or operation in California, or  
 
(3) deliver or import into California for introduction into commerce in 
California, any component of an evaporative em ission control system 
subject to this Article unless that component has been certified,  either by 
itself or as part of an evaporative emission control system, and labeled 
pursuant to this Article.   Starting January 1, 2020, it is presumed that 
replacement components are subject to this Article if they are capable of 
being used on an evaporative emission control system on a small off -road 
engine regulated under this Article.  
 (b
c) This Article does not apply to:  
 
(1) engines or equipment that use compression- ignition engines, or engines 
or equipment powered with compressed natural gas (CNG), propane, liquefied petroleum gas (LPG), or liquefied natural gas (LNG).  
 (2) engines or equipment that use small off -road engines manufactured in 
California for sale and use outside of California.  
 (3) snowthrowers or ice augers.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2752.  Definitions.  
 (a) The definitions in section 2401 (a), and section 2403 (b),  Chapter 9, Title  13 of 
the California Code of Regulations, apply to this Article with the following additions:  
 
(1) “Coextruded Multilayer Fuel Tank” means a multi -layered high- density 
polyethylene fuel tank with a c ontinuous nylon or ethylene vinyl alcohol 
layer(s) present within the walls of the tank.  
 
(1) “ANSI/OPEI B71.10 -2013” means ANSI/OPEI B71.10- 2013, American 
National Standard for Off -Road Ground- Supported Outdoor Power 
Equipment – Gasoline Fuel Systems – Performance Specifications and  
Test Procedures , published August 26, 2013, and which is incorporated by 
reference in this Article.  
  
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 (2) “CP-901” means “Certification and Approval Procedures for Small Off -
Road Engine Fuel Tanks” Certification Procedure for Evaporative Emission 
Control Systems on Engines With Displacement Less Than or Equal to 80 
Cubic Centimeters , adopted July 26, 2004 , and amended September 18, 
2017 .  
 
(3) “CP-902” means “Certification and Approval Procedures for Evaporative 
Emission Control Systems” Certification Procedure for Evaporative 
Emission Control Systems on Engines With Displacement Greater Than 
80 Cubic Centimeters , adopted July 26, 2004 , and amended September 
18, 2017 . 
  
(4) “Diurnal Emissions” means evaporative emissions resulting from the daily 
cycling of ambient temperatures and include resting losses, and 
permeation emissions, as measured according to test procedures incorporated in this Article.  
 
(5) “Equivalent Fuel Tank” means a metal or coextruded multilayer fuel tank 
used on a small off -road engine.  Fuel tanks approved per section 2767 
are also deemed equivalent fuel tanks.  The volume of an equivalent tank 
must be less than or equal to a nominal tank.  An equivalent tank must be 
functionally equivalent to a nominal tank.  
 (65) “Equivalent Fuel Line” means a fuel line that permeates less than
 the 
nominal fuel line being replaced and less than  or equal to 15 grams  of 
ROG per square meter  of surface area in contact with fuel  per day when 
tested per SAE J1737  (Stabilized  May 2013) , SAE J30 , SAE J1527, or , 
only for fuel lines with inner diameter 4.75 mm or less,  SAE J2996  at 40ºC 
or higher, and ambient pressure using  LEV III certification gasoline.  The 
fuel defined in 40 CFR Part 1060.515(a)(2)  or Phase II California 
Reformulated Certification (CERT) fuel, CE10 , CM10, CM15, or Indolene  
may be used as an alternative test fuel . 
 (7
6) “Evaporative Emissions” means emissions that result from the evaporation 
of reactive organic gases into the atmosphere.  
 (8
7) “Evaporative Emission Control System” means the fuel system and 
associated components that are designed to control evaporative emissions.  
 (98) “Evaporative Family” means a class of small off-road engine s
 or equipment  
models in the same engine class  that are grouped together based on 
similar fuel system characteristics as they relate to evaporative emissions. For 
equipment engines with displacement  less than or equal to 80 cubic 
centimeters  (cc), all models using fuel tanks  and fuel lines  constructed by 
the same process with the same material and the same permeation  
4 
 control may be grouped into one evaporative family the engine family and 
evaporative family are considered equivalent .  For integrated equipment 
greater than 80 cc t The engine family and the evaporative family may be 
considered equivalent at the manufacturer’s discretion.  
 (109) “Evaporative Model  Emission Limit (EMEL)” means the diurnal  emission s
 
levelrate declared by the manufacturer for a model within an evaporative 
family.  The declared levelrate must be based on diurnal emissions test 
results  for a worst case the model of engine or equipment within the 
evaporative family  that is expected to exhibit the highest diurnal emission 
rate relative to the applicable diurnal emission standard , obtai ned by 
following T est Procedure -902. 
 (1110
) “Evaporative Family Emission Limit Differential (EFELD)” means the 
emission levelrate differential between the effective standard level diurnal 
emission standard in Table 1 of section 2754(a)  for a specific the model  of 
engine or equipment within the evaporative family that is expected to 
exhibit the highest diurnal emission rate relative to the applicable diurnal 
emission standard  and the EMEL declared for the model and is applicable 
to the entire evaporative f amily represented by the model.  
  
(1211) “Executive Order of Certification” means an order signed by the Executive 
Officer that documents certification of evaporative emission control systems on engines or equipment to the 
performance evaporative 
emission  standards of this Article.  
 
(12) “Fuel line ” means hose or tubing designed to contain liquid fuel (including 
molded hose or tubing). This does not include any of the following:  
 
(A) Fuel tank vent lines ; 
 
(B) Segments of hose or tubing whose external surface is normally  
exposed to liquid fuel inside the fuel tank ; 
 
(C) Hose or tubing designed to return unused fuel from the carburetor 
to the fuel tank  that does not continuously contain liquid fuel  for 
handheld engines ; and 
 
(D) Primer bulbs that contain liquid fuel only for priming the engine 
before starting.  
 (13) "Holder " means the person to whom the Executive Order of Certification is 
issued.  
 (14) “Hot Soak Emissions” means evaporative emissions that occur for the 
one-hour period following the termin ation of engine operation .  
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  (15) 
“Hydrocarbon” means a molecule composed primarily  of carbon and 
hydrogen atoms.  
 
(15) “LEV III certification gasoline” means certification gasoline fuel for LEV III 
light-duty vehicles and medium -duty vehicles  as defined in part II, section 
A.100.3.1.2 of the California 2015 and Subsequent Model Criteria 
Pollutant Exhaust Emission Standards and Test Procedures and 2017 and 
Subsequent Model Greenhouse Gas Exhaust Emission Standards and 
Test Procedures for Passenger Cars, Light Duty Trucks, and Medium -
Duty Vehicles , as last amended September 2, 2015.  
 (16) “Manufacturer” means either an engine manufacturer or equipment manufacturer.  
 (17) “Nominal Capacity” means the volume of fuel indicated by the manufacturer that represents the maximum recommended fill level.  
 (18) 
“Nominal Fuel Tank” means the fuel tank that is used by an engine or 
equipment  manufacturer to certify the evaporative emissions control 
system on a small off -road engine.  
 (1918
) “Nominal Fuel Line” means the fuel line that is used by an engine or 
equipment  manufacturer to certify the evaporative emissions control 
system on a small off -road engine.  
 
(19) “Organic material hydrocarbon equivalent” means the total mass of 
hydrocarbon molecules, ethanol, and other organic compounds, as 
measured under the test procedures incorporated in this Article.  
 (20) “Permeation Emissions” means evaporative emissions that result from reactive organic gas molecules penetrating through the walls of fuel system components and evaporating on outside surfaces, as measured by test procedures incorporated in this Article.  Permeation emissions are a component of diurnal emissions, as measured by test procedures incorporated in this Article.  
 (21) “Permeation Rate” means the total mass of reactive organic gas molecules passing through the internal surface area of a fuel tank
 or fuel 
line in a 24- hour period, as measured by test procedures incorporated in 
this Article.  
 (22) 
“Person” means any individual, association, partnership, limited liability 
company, or corporation.  
  
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 (22) “Production Volume” means the number of engines or equipment units, 
subject to the requirements of this Article, produced in an evaporative 
family for which the Holder has a reasonable basis to conclude that sale 
was or may  be made to ultimate purchasers in California.  A Holder may 
estimate production volume through market analysis.  An educated and 
consistent estimate with the best available documentation will be 
acceptable as the final report of production volume  in California.  
 (23) “Reactive Organic Gases (ROG)” means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic  acid, 
metallic  carbides or carbonates, and ammonium carbonate, and excluding 
the following:  
  
  CAS * 
(1) methane;  [ 74-82-8 ] 
 methylene chloride (dichloromethane);  [ 75-09-2 ] 
 1,1,1 -trichloroethane (methyl chloroform);  [ 71-55-6 ] 
 trichlorofluoromethane (CFC -11); [ 75-69-4 ] 
 dichlorodifluoromethane (CFC -12); [ 75-71-8 ] 
 1,1,2 -trichloro -1,2,2 -trifluoroethane (CFC -113);  [ 76-13-1 ] 
 1,2-dichloro -1,1,2,2 -tetrafluoroethane (CFC -114);  [ 76-14-2 ] 
 chloropentafluoroethane (CFC -115);  [ 76-15-3 ] 
 chlorodifluoromethane (HCFC -22); [ 75-45-6 ] 
 1,1,1 -trifluoro -2,2-dichloroethane (HCFC -123);  [ 306 -83-2 ] 
 2-chloro -1,1,1,2 -tetrafluoroethane (HCFC -124);  [ 2837 -89-0 ] 
 1,1-dichloro -1-fluoroethane (HCFC -141b);  [ 1717 -00-6] 
 1-chloro -1,1-difluoroethane (HCFC -142b);  [ 75-68-3 ] 
 trifluoromethane (HFC -23); [ 75-46-7 ] 
 pentafluoroethane (HFC -125);  [ 354 -33-6 ] 
 1,1,2,2 -tetrafluoroethane (HFC -134);  [ 359 -35-3 ] 
 1,1,1,2 -tetrafluoroethane (HFC -134a);  [ 811 -97-2 ] 
 1,1,1 -trifluoroethane (HFC -143a);  [ 420 -46-2 ] 
 1,1-difluoroethane (HFC -152a);  [ 75-37-6 ] 
 ethoxy -nonafluorobutane (HFE 7200);   
 trans -1,3,3,3 -tetrafluoropropene (HFO -1234ze);   
 cyclic, branched, or linear completely methylated 
siloxanes;  [ various ]  
 the following classes of perfluorocarbons:  [ various ]  
 (A) cyclic, branched, or linear, completely 
fluorinated alkanes;   
 (B) cyclic, branched, or linear, completely 
fluorinated ethers with no unsaturations;   
 (C) cyclic, branched, or linear, completely 
fluorinated tertiary amines with no unsaturations; 
and   
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  (D) sulfur -containing perfluorocarbons with no 
unsaturations and with  the sulfur bonds only to 
carbon and fluorine; and   
   
(2) the following low -reactive organic compounds which 
have been exempted by  the U.S. EPA:   
 acetone;  [ 67-64-1 ] 
 ethane;  [ 74-84-0 ] 
 methyl acetate;  [ 79-20-9 ] 
 perchloroethylene;  and [ 127-18-4 ] 
 parachlorobenzotrifluoride (1 -chloro -4-
trifluoromethyl benzene) .; [ 98-56-6 ] 
 3,3-dichloro -1,1,1,2,2 -pentafluoropropane (HCFC -
225ca);   
 1,3-dichloro -1,1,2,2,3 -pentafluoropropane (HCFC -
225cb);   
 1,1,1,2,3,4,4,5,5,5 -decafluoropentane (HFC 43-
10mee);   
 difluoromethane (HFC -32);  
 fluoroethane (ethyl fluoride or HFC -161);   
 1,1,1,3,3,3 -hexafluoropropane (HFC -236fa);   
 1,1,2,2,3 -pentafluoropropane (HFC -245ca);   
 1,1,2,3,3 -pentafluoropropane (HFC -245ea);   
 1,1,1,2,3 -pentafluoropropane (HFC -245eb);   
 1,1,1,3,3 -pentafluoropropane (HFC -245fa);   
 1,1,1,2,3,3 -hexafluoropropane (HFC -236ea);   
 1,1,1,3,3 -pentafluorobutane (HFC -365mfc);   
 chlorofluoromethane (HCFC -31);  
 1-chloro -1-fluoroethane (HCFC -151a);   
 1,2-dichloro -1,1,2 -trifluoroethane (HCFC -123a);   
 1,1,1,2,2,3,3,4,4 -nonafluoro -4-methoxy -butane 
(C4F9OCH 3 or HFE -7100);   
 2-(difluoromethoxymethyl) -1,1,1,2,3,3,3 -
heptafluoropropane ((CF 3)2CFCF 2OCH 3);  
 1-ethoxy -1,1,2,2,3,3,4,4,4 -nonafluorobutane 
(C4F9OC 2H5 or HFE -7200);   
 2-(ethoxydifluoromethyl) -1,1,1,2,3,3,3 -
heptafluoropropane ((CF 3)2CFCF 2OC 2H5);  
 1,1,1,2,2,3,3 -heptafluoro -3-methoxy -propane (n -
C3F7OCH 3, HFE -7000);   
 3-ethoxy -1,1,1,2,3,4,4,5,5,6,6,6 -dodecafluoro -2-
(trifluoromethyl) -hexane (HFE -7500);   
 1,1,1,2,3,3,3 -heptafluoropropane (HFC 227ea);   
 methyl formate (HCOOCH 3);  
 1,1,1,2,2,3,4,5,5,5 -decafluoro -3-methoxy -4-
trifluoromethyl -pentane (HFE -7300);    
8 
  propylene carbonate;   
 dimethyl carbonate;   
 HCF 2OCF 2H (HFE -134);   
 HCF 2OCF 2OCF 2H (HFE -236cal2);   
 HCF 2OCF 2CF2OCF 2H (HFE -338pcc13);   
 HCF 2OCF 2OCF 2CF2OCF 2H (H-Galden 1040x or 
H-Galden ZT 130 (or 150 or  180));   
 trans 1 -chloro -3,3,3 -trifluoroprop -1-ene;  
 2,3,3,3 -tetrafluoropropene; and   
 2-amino -2-methyl -1-propanol.   
 
_________ * NOTE:  Chemical Abstract Service (CAS) identification numbers have 
been included in brackets [ ] for convenience.  
 (24) “Running Loss Emissions” means evaporative emissions from a small off -
road engine that occur while it is being operated.  
 
(25) “SAE J30” means SAE J30, Fuel and Oil Hoses , Revised February 2012.  
 
(26) “SAE J1527” means SAE J1527, Marine Fuel Hoses , Revised February 
2011.  
 
(27) “SAE J1737” means SAE J1737, Test Procedure to Determine the 
Hydrocarbon Losses from Fuel Tubes, Hoses, Fittings, and Fuel Line 
Assemblies by Recirculation, Stabilized  May 2013.  
 
(28) “SAE J2996” means SAE J2996, Small Diameter Fuel Line Permeation 
Test Procedure , Issued January 2013.  
 (2529
) “SHED” (Sealed Housing Evaporative Determination) means the 
enclosure and associated equipment used to determine evaporative emissions.  A SHED must meet the design specifications in 40 Code of Federal Regulations Part 86.107- 96. 
 (2630
) “Small Production Volume Tank Exemption”  applies to all models with 
identical tanks produced by an engine or equipment manufacturer with  
total California sales production volume  of 400 or fewer units per year.   
 (27) 
“Structurally Integrated Nylon Fuel Tank” means a fuel tank having the 
following characteristics:  
 
(A) The fuel tank  is made of a polyamide material which:  
 
1. does not contain more than 50 percent by weight of a 
reinforcing glass fiber and/or mineral filler; and 
  
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 2. does not contain more than 10 percent by weight of impact 
modified polyamides which use rubberized agents such as 
EPDM rubber  
 
(B) The fuel tank must be:  
 
1. used in a chainsaw; or  
 2. 
of a pre- existing design that is substantially similar to a 
current production fuel tank used by the same manufacturer 
that is integrated into a major structural member w here, as a 
single component, the fuel tank material is a primary 
structural/stress member for other major components such 
as the engine, transmission or cutting attachment.  
 (2831) “TP-901” means 
“Test Procedure for Determining Permeation Emissions 
from Small Off -Road Engine Equipment Fuel Tanks,” Test Procedure for 
Determining Permeation Emissions from Small Off -Road Engine Fuel 
Tanks , adopted July 26, 2004 , and amended September 18, 2017 . 
 (2932 ) “TP-902” means 
“Test Procedure for Determining Diurnal Evaporative 
Emissions from Sm all Off -Road Engines,” Test Procedure for Determining 
Diurnal Evaporative Emissions from Small Off -Road Engines , adopted 
July 26, 2004 , and amended September 18, 2017 . 
 (30) 
“Total Hydrocarbons” means the total mass of open chain and cyclic 
hydrocarbon molecules, as measured under the test procedures 
incorporated in this Article.  
 (3133
) “Walk -Behind Mower” means a grass -cutting product which has:  
 
(A) A Class I vertical shaft engine that includes a blade brake mechanism that provides for compliance with ANSI B71.1 
requirements;  
or 
 (B) A horizontally fixed blade and/or string directly attached to the crankshaft of a vertical shaft engine.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Refer ence:  Section 43013, Health and Safety Code.  
§2753.  Certification Requirements and Procedures.  
 (a) Certification . 
 Small off -road engines or equipment that use small off -road engines subject to 
this Article must contain evaporative emission control syste ms. 
For engines less  
10 
 than or equal to 80 cc, the evaporative emission control system consists of the 
fuel tank only.  The evaporative emission control systems must be certified 
annually to the performance- based or system designevaporative emission  
standards  set out in sections 2754 through 2757  of this Article  by the Air 
Resources Board.  An Executive Order of Certification for such engines or equipment must be obtained prior to the sale or lease, or the offering for sale or lease, for use or operation in California or the delivery or importation for introduction into commerce in California.  Engine manufacturers or equipment manufacturers may apply for an Executive Order of Certification.   
For model 
years 2006- 2019, Aapplicants must follow the certification procedures outlined in 
CP-901, Certification and Approval Procedure for Small Off -Road Engine Fuel 
Tanks , adopted July 26, 2004 , or CP -902, Certification and Approval Procedure 
for Evaporative Emission Control Systems , adopted  July 26, 2004, as applicable,  
which are incorporated by reference herein.   For model year 2020 and 
subsequent model years, applicants must follow the certification procedures 
outlined in CP -901, adopted July 26, 2004, and amended September 18, 2017, 
or CP -902, adopted July 26, 2004, and amended September 18, 2017, as 
applicable, which are incorporated by reference herein.   For model year 2018 
and 2019, an applicant may follow the certification procedures outlined in CP -
901, adopted July 26, 2004, and amended September 18, 2017 , or CP -902, 
adopted July 26, 2004, and amended September 18, 2017 , as applicable, in lieu 
of those in CP -901, adopted July 26, 2004, or CP -902, adopted July 26, 2004, as 
applicable.   An applicant must also meet the bond requirements in section 2774  
before an Executive Order of Certification will be issued for model year 2020 and 
subsequent model year evaporative families . 
 (b) Certification of Complete Systems  
for Engines or Equipment using engines with 
displacement greater than 80 cc.  
 Certification of a complete evaporative emission control system is required.  An 
applicant application  for certification of an evaporative emission control system 
that complies with the diurnal standards specified in section 2754(a), or section 
2757 must submit diurnal evaporative emission data for an engine or equipment 
that exhibits the highest evaporative emission characteristics for an evaporative 
family as part of the certification application. to the diurnal emission standards in 
section 2754 or  2757 of this Article must  includ e a determination of the engine or 
equipment model in the evaporative family  that is expected to exhibit  the highest  
diurnal emission rate relative to the applicable diurnal emission standard and 
detail the criteria used to make that determination.  The applicant must also  
include one of the following  for the engine or equipment model in the evaporative 
family that is expected to exhibit the highest diurnal emission rate relative to the 
applicable diurnal emission standard:  
 
(1) An applicant for certificati on of an evaporative emission control system 
that complies with the fuel hose permeation standard specified in section 
2754(a) must submit fuel hose permeation data for model year 2006 
equipment as part of the certification application. Alternatively,  
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 manufacturers may submit the Executive Order number approving the 
component pursuant to section 2767.1 of this Article.  
 Diurnal emission test results , determined using TP -902; 
 (2) 
An applicant for certification of an evaporative emission control system 
that complies with the design standards specified in section 2754(b) must 
submit All of the following:  
 (A) fuel tank permeation data,
 determined using TP -901, 
(B) fuel hose line permeation data,  determined using SAE J1737  
(Stabilized May 2013) , SAE J30, SAE J1527, or, only for fuel lines 
with inner diameter 4.75 mm or less , SAE J2996,  and 
(C) carbon canister butane working capacity data  determined using TP -
902 or equivalent  for an engine or equipment that exhibits the 
highest  evaporative emission characteristics for an evaporative 
family as part of the certification application. Alternatively, 
manufacturers may submit ; or 
 (3) tThe Executive Order number s approving the component
fuel tank, fuel 
line, and carbon canister  pursuant to section 2767.1 of this Article.  
 
(3c) Certification of Complete Systems for Engines or Equipment using engines with 
displacement less than or equal to 80 cc.  
 An applicant application  for certification of an evaporative emission control system 
that complies withto  the fuel tank permeation standard s specified in section 2755  
or 2757  must  submit include  fuel tank permeation data  for the fuel tank  in the 
evaporative family  that is expected to  exhibit s the highest permeation rate 
relative to the applicable permeation em ission standard evaporative emission 
characteristics for an evaporative family as part of the certification application .  
For engines less than or equal to 80 cc, the manufacturer need only test the tank 
with the most surface area for all evaporative famili es with the same 
material/process.  These certification test results can then be used in the 
certification of other tanks/engine families constructed of the same 
materials/processes. The application shall  also detail the criteria used to 
deter mine  which  fuel tank in the evaporative family  is expected to exhibit  the 
highest permeation  rate relative to the applicable permeation emission standard.  
 (4) 
TP-901, adopted July 26, 2004, is used to determine fuel tank permeation.  
TP-902, adopted July 26, 2004, is used to determine the evaporative 
emissions from engines or equipment with complete evaporative emission 
control sy stems.  
 
(cd) Modifications to the Evaporative Emission Control System . 
 
For previously certified evaporative emission control systems:  
  
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 (1) Manufacturers are allowed toHolder s may replace the nominal fuel tank 
and/or nominal fuel line of a certified evaporative emission control system 
that complies with the performance- based standards specified in section 
2754 for which diurnal emission test res ults were submitted as part of the 
certification application  with an equivalent fuel tank and/or equivalent fuel 
line.  All other evaporative emission control components in a system that 
complies with the performance- based standards in section 2754 must 
function similarly and have equivalent or better performance to those 
components used to certify the control system.  
 (2) Modification of any certified evaporative emission control systems in any manner other than replacement of the nominal tanks and/or 
fuel lines with 
equivalent fuel tanks and/or fuel lines invalidates the certification of the 
control system.  When any evaporative emission control system’s certification is invalidated due to an unapproved modification, a new certification is required per CP -902, adopted July 26, 2004
, or CP -902 
adopted July 26, 2004, and amended September 18, 2017 , as applicable, 
depending on the model year . 
 (3) Manufacturers  are required to  Holder s shall
 notify the Executive Officer in 
writing of any modification of any certified evaporative emission control system.  The notification must  include a statement citing the basis for the 
equivalent 
fuel tank and/or fuel line determination.  
 (d
e) Reduced Certif ication Requirements . 
 Manufacturers meeting the requirements of section 2766 of this Article must be certified annually by the Air Resources Board by submitting a Letter of Conformance.  The Letter of Conformance must include, at a minimum, a statement ci ting the basis for complying with section 2766.  An Executive Order 
of Certification for such engines or equipment must  be obtained prior to the sale 
or lease, or the offering for sale or lease, or the delivery or importation for introduction into commerce in California of such engines or equipment in 
California.  
 
(f) A Holder whose  Executive Order has been suspended or revoked must submit 
diurnal emission test results, determined using TP -902, for all evaporative 
families using engines with displacement greater than 80 cc, as described in 
subsection (b) of this section, according to the following schedule:  
 
(1) For one model year after the first finding of noncompliance;  
 
(2) for five model years after the second finding of noncompliance; and  
 
(3) for ten model years after any subsequent finding of noncompliance.  
  
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 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  
Reference:  Section 43013, Health and Safety Code.  
§2754.  Evaporative Diurnal  Emission Performance and Design Standards . 
 (a) The tTable 1 below specifies the evaporative diurnal  emission performance
 and 
design standards for small off -road engines, and equipment that use small off -
road engines, with dis placements greater than 80 cc , on and after the model 
years indicated . 
   
14 
 Table 1 
Evaporative Diurnal  Emission  and Design  Standar ds 
 
Effective 
Date  
Model Year  Performance 
Requirements 
Section 2754(a)1 
Diurnal  Emission  
Standard s Grams 
HC/day  
(g organic 
material 
hydrocarbon 
equivalent ·day-1) Design Standards Requirements Section 2754(b)  
Fuel HoseLine  
Permeation  
Emission Standard1 
Grams ROG/m2/day 
(g ROG·m-2·day-1) Fuel Tank 
Permeation2 
Emission 
Standard Grams 
ROG/m2/day 
(g ROG·m-2·day-1) Carbon Canister3 
or Equivalent  
Butane Working 
Capacity  Standard  
Grams HC (g 
organic material 
hydrocarbon 
equivalent ) 
Displacement Category: Walk -Behind Mowers  
>80 cc - <225 cc  
2006  None  15 None  None  
2007 and 
2008  1.3 N/A N/A N/A 
2009  1.0 N/A N/A N/A 
 
Displacement Category: Non Walk -Behind Mowers  
> 80 cc - < 225 cc  (except Walk -Behind Mowers)  
2006  None 15 None  None  
2007 
through 
2011  1.20 + 0.056 *tank 
vol. × nominal 
capacity  (liters)  15 2.5 Specified in TP -902 
2012  0.95 + 0.056 *tank 
vol. × nominal 
capacity  (liters)  15 1.5 Specified in TP -902 
 
Displacement Category: >≥ 225 cc  
2006 and 
2007  None 15 None  None  
2008  1.20 + 0.056 *tank 
vol. × nominal 
capacity  (liters)  15 2.5 Specified in TP -902 
20104 None  15 None  Specified in TP -902 
2013  1.20 + 0.056 *tank 
vol. × nominal 
capacity  (liters)  15 1.5 Specified in TP -902 
 
1  For model year 2006 only, all engines and equipment with displacements > 80 cc -  <225 cc must 
comply with the fuel hoseline  permeation emission standard design requirement in section 
2754(a)(1)(C) . For model years 2006 and 2007, all Eengines and equipment  with displacements 
greater than or equal to 225 cc must comply with the fuel hose line permeation emission 
standard design requirement in section 2754(a)(1)(C) for model years 2006 and 2007 only . 
2  Permeation emissions as determined by TP -901.  Permeation emissions must be measured to two 
significant figures digits . 
3  Canister design requirements and the procedure for determining butane working capacity are 
specified in TP -902.  The Executive Officer may designate technology equivalent to carbon canisters 
on a case by case basis as part of the certification process per section 276 67. 
4  Applies to small production volume tanks exempted pursuant to section 2766.  
  
15 
 (a) On or after the model year set out in Table 1 of this section 2754 , evaporative 
diurnal  emissions from any small off -road engine or equipment  unit that use s a 
small off -road engine s certifying under this section 2754(a)  with displacement 
greater than 80 cc must  not exceed the performance requirements  diurnal 
emission standards  specified in Table 1 of this section 2754 . 
 
(1b) Manufacturers An applicant  certifying engines or equipment to comply with 
the diurnal emission standards  under this  section 2754(a) shall do the 
following:  
 
(A1) Submit a determination in the certification application that  running 
loss emissions are controlled from being emitted into the atmosphere.  The Executive Officer must approve the determination for an Executive Order of Certification to be issued.  Approval by the Executive Officer is not required if actively purged carbon canisters meeting the requirements of this article are used.  
 (B) 
Test all evaporative families in accordance with TP -902. 
 (C2) Provide test data in the certification application showing that all 
fuel 
lines meet the permeation requirement of 15 gr ams/m2/day of ROG 
per square meter of surface area of the surface in contact with fuel 
per day  when tested with LEV III Certification Gasoline  using test 
procedure SAE J1737 ( Issued August 1997 Stabilized May 2013 ), 
SAE J30, SAE J1527, or, only for fuel lin es with inner diameter 4.75 
mm or less, SAE J2996 , which are  incorporated herein by 
reference . The permeation testing must  be conducted at 40ºC, or 
higher, and ambient pressure  using Phase II California 
Reformulated Certification (CERT) fuel, CE10, CM15, or Indolene .  
The fuel defined in 40 CFR Part 1060.515(a)(2)  or CE10 may be 
used as an alternative test fuel.   Alternatively, 
manufacturers applicants  can submit the Executive Or der number 
approving the component fuel lines pursuant to section 2767.1 of 
this Article.  
 
(b) On or after the model year set out in Table 1 of section 2754, evaporative 
emissions from any small off -road engine or equipment that use small off -road 
engines c ertifying under this section 2754(b) must not exceed the design 
requirements specified in Table 1 of section 2754.  
 
(1c) Manufacturers An applicant  certifying engines or equipment to comply with 
the diurnal emission standards  under  this section 2754(b)  shall also do  one 
of the following:  
 
(A) Submit a determination in the certification application that the 
running loss emissions are controlled from being emitted into the  
16 
 atmosphere.  The Executive Officer must approve the 
determination before an Executive Order of Certification can be 
issued.  Approval by the Executive Officer is not required if actively 
purged carbon canisters meeting the requirements of this article are 
used.  
 
(1) Provide diurnal emission test data for the engine or equipment 
model in the evaporative family that  is expected to exhibit the 
highest diurnal emission rate relative to the applicable diurnal 
emission standard,  in accordance with TP -902; or  
 (B
2) Provide test data in the certification application showing that the 
fuel tank and carbon canister meet the applicable design 
requirements  standards  listed in Table 1 of this section .  Provide 
test data in the certification application showing that fuel lines meet 
the permeation requirement of 15 grams/m2/day using test 
procedure SAE J1737 (Issued August 1997). The permeation 
testing must be conducted at 40ºC, or higher, and ambient pressure 
using Phase II California Reformulated Certification (CERT) fuel, 
CE10, CM15, or Indolene.  Alternatively, manufacturers an applicant  
can submit the Executive Order number s approving the  
component fuel tank and carbon canister  pursuant to section 2767.1 
of this Article.  
 
(d) For model year 2020 and subsequent model years, i f carbon canisters are 
used in an evaporative emission control system, they must be installed in 
a way that prevents exposing the carbon to water or liquid fuel.  
 
(e) For model year 2020 and subsequent model years, all fuel lines must be 
securely connected to prevent fuel leakage throughout the useful life of 
the evaporative emission cont rol system .  Fuel line assembly testing shall 
be conducted in accordance with the Fuel Line Assembly Tensile Test in 
section 5.4 of ANSI/OPEI B71.10- 2013, which is incorporated by 
reference herein.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013,  Health and Safety Code.  
Reference:  Section 43013, Health and Safety Code.  
§2754. 1.  Certification Averaging and Banking.  
 (a) Applicability - The averaging requirements specified in this section 2754 
apply 
only to engines or equipment with complete evaporative emission control systems certified to the diurnal emission 
performance standards specified in 
section 2754(a)  or 2757 of this Article  and tested according to TP -902.  
Participation in the certification averaging and banking program is voluntary.  T he  
17 
 provisions of this section are applicable only for determining compliance with this section.  
 (b) General p
Provisions.  
 
(1) The certification averaging and banking provisions for diurnal emissions from eligible engines and equipment are described in this section.  
(2) A manufacturer Holder  of an Executive Order for an
 evaporative family 
subject to this Article may use the averaging and banking provisions of this section 
2754 for the purpose of creating diurnal emissions credits.  
 (3) A manufacturer Holde r
 shall not include in its calculation of credit 
generation and may exclude from its calculation of credit usage, any new engines or equipment not subject to this Article.  
 (4) A manufacturer Holder
 may include its entire inventory of an evaporative 
family subject to this Article in calculating the di urnal emissions credit for a 
given model year.  
 (5) A manufacturer Holder  shall certify  an evaporative families family  to an
 
EMEL  and shall determine an Evaporative Family Emission Limit 
Differential ( EFELD ).  The EFELD is declaredcalculated  by an engine or 
equipment manufacturer Holder  and can be positive or negative subject to 
the limitation s in subsections (b)(6) and (b)(7) of this section, provided the 
sum of the manufacturer ’sHolder’s  projected balance of  credits from all 
credit transactions for each engine class in a given model year is greater than or equal to zero, as determined under subsection (e).  The EFELD is 
determined based on the diurnal test results, in accordance with TP -902, 
of the
 worst case  model of engine or equipment within an evaporative 
family  expected to exhibit the highest diurnal emission rate relative to the 
applicable diurnal emission standard .  The worst case model of engine or 
equipment is defined as the engine or equipment expect ed to produce the 
highest negative or the smallest positive EFELD within the family on a per 
unit basis.   The EFELD is calculated by setting the EMEL for the model of 
engine or equipment tested at a level above the diurnal test results and then subtracting  the EMEL from the applicable 
diurnal emission standard 
level for the model.  
 
(A) A manufacturer Holder  of an Executive Order for an  evaporative 
family with a negative EFELD shall obtain positive emission credits sufficient to address the associated credit shortfall within the time period set out in 
subsection (b)(8) below.  
 (B) An evaporative family with a positive EFELD may generate positive emission credits for averaging, or banking, or a combination thereof.   
18 
  (6) No walk -behind mowers within an evaporati ve family may have 
diurnal 
emissions an EMEL  greater than 1.5 times the applicable diurnal standard 
in section 2754(a).  
 (7) No model of Class I or Class II engine or equipment (excluding walk -
behind mowers) within an evaporative family may have 
diurnal 
emissions an EMEL  greater than 3.0 times the applicable diurnal standard 
in section 2754(a).  
 (8) A manufacturer  Holder
 must demonstrate compliance with this section 
within 270 days of the end of the model year.  
 (9) No new Executive Order of Certifications will be issued to the manufacturer  Holder
 until a plan to make up the emissions deficit plus a 
penal amount of 25% of the deficit has been approved by the Executive Officer.  
 (10) The failure of a manufacturer Holder
 to comply with the diurnal emissions 
standards in accordance with this section 2754 shall be grounds for 
revocation or suspension of the Executive Order of Certification in accordance with section 2770.  A revocation under this provision shall be 
deemed to revoke the Executive Order of Certification ab initio.  
 
(11) The failure of a manufacturer Holder  to submit the plan required in 
subsection (b)(9) above within 270 days of the end of a model year shall be grounds for revocation or suspension of the Executive Order of Certification  in accordance with section 2770. A revocation under this 
provision shall be deemed to revoke the Executive Order of Certification 
ab initio . 
 
(c) Averaging.  
 
(1) Negative credits from evaporative families with negative EFELDs must be 
offset by positive cr edits from evaporative families having positive 
EFELDs, as allowed under the provisions of this section.  Averaging of credits in this manner is used to determine compliance under subsection (e)(2).  
 (2) Subject to the provisions in subsection (b)(9), credits used in averaging for a given model year may be obtained from credits generated in the same model year by another evaporative family, or credits banked in previous model years ,
.  The restrictions of this subsection notwithstanding, credits 
from a given  model year may be used to address credit needs of previous 
model year engines.  
  
19 
 (d) Banking.  
 
(1) Beginning with the 2007 model year, a manufacturer  Holder  of an  
Executive Order for an  evaporative family with a positive EFELD for model 
year 2007 and subsequent engines and equipment may bank credits in that model year for use in averaging.  Positive credits may be banked only according to the requirements of subsection (e)(1) of this section.  
 (2) A manufacturer Holder
 may bank emission credits only after the end of the 
model year and after ARB has reviewed the manufacturer's  Holder ’s end-
of-year reports.  During the model year and before submittal of the end- of-
year report, credits originally designated in the certification process for banking will be cons idered reserved and may be redesignated for 
averaging in the end- of-year report and final report.  
 (3) A manufacturer Holder
 may use credits claimed from a prev ious model 
year that have not been approved by the ARB , in an averaging calculation 
pending the review of the ARB.  In the event such review does not substantiate the amount of credits claimed, an Executive Order w ill not be 
issued until a plan to make up the emissions deficit has been approved by 
the Executiv e Officer.  
 
(4) Commencing with the 2018 model year, any previously banked diurnal 
emission credits and any new diurnal emission credits earned can be used 
for up to five years.  In the sixth year, any unused diurnal credits will 
expire.  (For example, if a 2018 model year evaporative family earns 
diurnal emission credits, those diurnal emission credits may be used or 
banked until the 2023 model year.  Any remaining banked diurnal 
emission credits earned within  the 2018 model year will be invalid for use 
in the 2024 and subsequent model years.)  
 
(e) Credit Calculation and Manufacturer Holder  Compliance with Emission 
Standards . 
 
(1) For each  evaporative family, diurnal emission credits (positive or negative) 
are to be calculated according to the following equations  and rounded to 
the nearest tenth of a gram.  Consistent units with two significant digits are to be used throughout the equations .  
  EFELD = Applicable diurnal emission standard level
 – EMEL  
  Credits = EFELD x× Sales
Production Volume 
  Where:  
  
20 
  EMEL = the declared evaporative model emission limit for the model 
tested within the evaporative family in grams  
 
 EFELD = the calculated evaporative family emission limit differential  for 
the evaporative family  in grams  
 
 Production Volume is as defined in section 2752(a)(21)  
 
Sales = the total Sales for all models within a given evaporative family  
 
 Sales or Eligible Sales means the actual or calculated sales of an 
evaporative family in California for the purposes of averaging and banking.  
Upon Executive Officer approval, an engine or equipment manufacturer  
may calculate its eligible sales through market analysis.  Because of the 
multiple  steps in the product distribution chain and confidential nature of 
sales information for many retailers and original equipment manufacturers 
an educated and consistent estimate with the best available 
documentation will be acceptable as the final report o f sales in California.  
Actual sales are sales calculated at the end of a model year on that model 
year’s production, rather than estimates of production.  Actual sales 
volume is used in determining actual credits for end- of-year compliance 
determination.   
 (2) Manufacturer  Holder
 compliance with this section is determined on a 
corporate average basis at the end of each model year. A manufacturer  
Holder  is in compliance when the sum of positive and negative emission 
credits it holds is greater than or equal  to zero.  
 (f) Certification Using Credits.  
 
(1) For certification relying on averaging or banking of credits, a manufacturer
 
Holder  shall:  
 
(A) Submit a statement that the engines for which certification is requested will not, to the best of the manufacturer's  Holder ’s
 
knowledge, cause the manufacturer  Holder  to be in noncompliance 
under subsection (e)(2) when all credits are calculated for all the 
manufacturer's Holder ’s engine  evaporative  families.  
 (B) Declare Calculate
 an EFELD for the evaporative family.  The 
EFELD must be calculated to two significant digits.  
 (C) Indicate the projected number of emission credits generated/needed for this  each evaporative family ; based on
 the 
projected applicable eligible sales production  volume , the EMEL,  
21 
 and the EFELD and the values required to calculate credits as given 
in section 2754(e) . 
 (D) Submit calculations in accordance with section 2754(e)  2754.1(e)
 
of projected emission credits (positive or negative) based on production projections for each
 evapor ative  family.  
 (E) (i) If the an
 evaporative family is projected to generate negative 
emission credits, state specifically the source (
manufacturer Holder /evaporative family or reserved) and 
quantity of the credits necessary to offset the credit deficit according to projected production.  
  (ii) If the evaporative family is projected to generate positive emission credits, state specifically the recipient (manufacturer Holder
/evaporative family or reserved) and 
quantity of the credits used to offset a deficit banked according to where the projected credits will be applied.  
 
(2) The manufacturer  A Holder  may supply the information required above in 
section 2754(f)(1)(C) 2754.1(f)(1)(C) , (D), and (E) by use of a spreadsheet 
detailing the manufacturer's  Holder ’s annual production plans and the 
credits generated or consumed by each evaporative family.  
 (3) The manufacturer  Holder
 bears the burden of establishing to the 
satisfaction of the Executive Officer that the conditions upon which the Executive Order was iss ued were satisfied.  
 (4) Projected credits based on information supplied in the certification application may be used to obtain an Executive Order. However, any such credits may be revoked based on review of end- of-year reports, follow -up 
audits, and any other verification steps considered appropriate by the Executive Officer.  
 
(g) Maintenance of r
Records.  
 
(1) The manufacturer  A Holder  shall establish, maintain, and retain the 
following adequately organized and indexed records for each evaporative family:   
 
(A) ARB evaporative family identification code ,; 
 
(B) Declared EFELD, EMEL for each model  within the evaporative 
family ; 
 
(C) Projected sales production  volume for the model year ,; and  
22 
  
(D) Records appropriate to establish the quantities of engines or equipment that constitute eligible sales production volume
 for each 
evaporative family.  
 
(2) The manufacturer  A Holder  shall 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 hard copy, 
CD-ROM, diskettes, and so forth, depending on the 
manufacturer's  
Holder ’s record retention procedure; provided, that in every case all 
informati on contained in the hard copy is retained.  
 (3) Nothing in this section limits the Executive Officer's discretion in requiring the manufacturer  a Holder
 to retain additional records or submit 
information not specifically required by this section.  
  
(4) A manufacturer  Holder  shall submit all information requested by the 
Executive Officer within 30 days of the date of such request.  
 (5) The Executive Officer may revoke or suspend the Executive Order for an evaporative family for which the manufacturer  Holder
 fails to retain the 
records required in this section or to provide such information to the Executive Officer upon request.  No new Executive Orders will be issued to the 
manufacturer  Holder  until the requested records are made available 
and/or a plan that describes the records to be retained as required by this 
section is approved by the Executive Officer.  
 
(h) End-of-yYear and fFinal rReports.  
 
(1) End-of-year and final reports must indicate the evaporative family, the 
actual sales production  volume,  a description of the method used to 
determine the production volume,  the values required to calculate credits 
as given in subsection (e), and the number of credits generated/required. 
Manufacturers  Holder s shall also submit  a description of  how and where 
credit surpluses were dispersed (or are to be banked) and/or how and through what means credit deficits were met. The report must include a calculation of credit balances to show that the credit summation for each class of engines or equipment is equal to or greater than zero.  
 (2) The calculation of eligible sales production volume
 as defined in 
subsection (e)(1) of this  section  2752(a)(21)  for end- of-year and final 
reports must be based on the location of the point of first retail sale (for example, retail  customer or dealer) also called the final product purchase 
location. 
Upon advance written request, the Executive Officer will  consider  
A Holder may use other methods to track engines for credit calculation  
23 
 purposes, such as shipments to distributors of pr oducts intended for sale 
in California.  
 (3) (A) Unless otherwise approved or directe d by the Executive Officer,
 
Eend-of-year reports must be submitted within 90 days of the end 
of the model year to:  
 Chief, Mobile Source Operations  Emissions Compliance, 
Automotive Regulations and Science  Division, Air Resources 
Board, 9528 Telstar, El Monte, CA 91731.  
 (B) Unless otherwise approved or direct ed
 by the Executive Officer, 
final reports must be submitted within 270 days of the end of the model year to:  
 Chief, Mobile Source Operations  Emissions Compliance, 
Automotive Regulations and Science  Division, Air Resources 
Board, 9528 Telstar, El Monte, CA 91731.  
 
(4) Failure by a manufacturer  Holder  to submit any end- of-year or final reports 
in the specified time f or any engines or equipment subject to regulation 
under this section is a violation of this section for each engine or equipment in the evaporative family covered by the report.  
 (5) A manufacturer  Holder
 generating credits for banking only who fails to 
submit end- of-year reports in the applicable specified time period (90 days 
after the end of the model year) may not use the credits until such reports are received and reviewed by ARB. Use of projected credits pending ARB review is not permitted in these ci rcumstances.  
 (6) Errors discovered by ARB or the manufacturer  Holder
 in the end- of-year 
report, including errors in credit calculation, may be corrected in the final report.  
 (7) If ARB or the manufacturer  Holder
 determines that a reporting error 
occurred on an end- of-year or final report previously submitted to ARB 
under this section, the manufacturer's  Holder ’s credits and credit 
calculations must be recalculated. Erroneous positive credits will be void except as provided in subsection (h) of this section. Erroneous negative credit balances may be adjusted by ARB.  
 (8) If within 270 days of the end of the model year, ARB review determines a reporting error in the manufacturer's Holder’s
 favor (that is, resulting in an 
increased credit balance) or if the manufacturer discovers such an error within 270 days of the end of the model year, ARB must restore the credit s 
for use by the 
manufacturer Holder . 
  
24 
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2755.  Permeation Emission s Performance Standard s. 
 On or after the model year set out herein, fuel tanks  and fuel lines
 used on equipment 
subject to this section must not exceed the following permeation rates:  
 
Permeation Rate Emission  Standard s 
(grams per meter2 per day)  
 
Effective Date  
Model Year  Applicability  Requirement1 
Tank Permeation  
2007  Equipment That Use Gasoline 
Powered Small Ooff-Rroad 
Eengines  Wwith 
Ddisplacements  
<≤ 80 cc  Fuel Ttank Ppermeation 
Eemissions Sshall Nnot 
Eexceed 2.0 Ggrams Pper 
Ssquare Mmeter of internal 
surface area Pper Dday Aas 
Ddetermined Bby TP-901. 
2020  Small off-road engines with 
displacements  
≤ 80 cc  Fuel lines shall meet the 
requirements of s ection 
2754(b)(2) , except that the 
permeation emission standard 
for fuel lines used on chainsaws 
is 225 g·m-2·day-1. 
1  Permeation rate must be measured to two significant digits.  
 (a) Data documenting the permeation rate of fuel tanks  and fuel lines
 must be 
included in a certification application , except for models of equipment which use 
“equivalent fuel tanks.”  Such data are not required for engines or equipment 
meeting the requirements of section 2766 . 
 (b) The test procedure for determining compl iance with the 
fuel tank permeation 
emission  standard s for permeation rates from small off -road engine fuel tanks  is 
are set forth in “Test Procedure for Determining Permeation Emissions from 
Small Off -Road Engine Equipment Fuel Tanks, TP-901,” adopted Jul y 26, 2004 , 
which is incorporated by reference herein  and specified in section 2758 .  The test 
procedure used to determine compliance with the fuel line permeation emission 
standard is SAE J1737 (Stabilized May 2013) , SAE J30, SAE J1527, or, only for 
fuel lines with inner diameter 4.75 mm or less, SAE J2996.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
  
25 
 §2756.  Fuel Cap Performance Standard.  
 For On or after
 the model year set out herein, no person shall sell, supply, offer for sale 
or manufacture for sale fuel caps for fuel tanks for small off -road engines or equipment 
that use small off -road engines with displacements >  80 cc subject to this Article that do 
not meet the following performance standards unless exempted in an Executive Order 
issued pursuant to section 2767 of the Article:  
 
Fuel Cap Performance Standards  
 
(a) Fuel cap must be permanently tethered to the tank, equipment, or engine; and  
(b) Fuel cap must be designed to provide physical and/or audible feedback to the 
user that a fuel tank vapor seal is established.  
(c) Fuel cap must meet the durability requirements in TP -902.  
 The following table defines equipment subject to the fuel cap performance standards of this section:  
 
Equipment Engines
 Subject to the Fuel Cap Performance Standards  
 
Effective Date  
Model Year  Applicability  
2007  Fuel Ccaps Ffor allALL SORE Equipment With S small Ooff-Rroad 
Eengines  
> 80 cc to <  225 cc  (must meet subsections (a) and (b) only)  
2008  Fuel Ccaps Ffor allALL SORE Equipment With S small Ooff-Rroad 
Eengines  
≥ 225 cc  (must meet subsections (a) and (b) only)  
2020  Fuel caps for all small off -road engines > 80 cc ( must meet 
subsections (a), (b), and  (c)) 
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2757.  Optional Performance Evaporative Emission  Standards.  
 The Air Resources Board recognizes that evaporative emissions can be further reduced 
by incorporating advanced fuel system designs that reduce or eliminate carburetor and permeation emissions. These optional performance evaporative emission
 standards are 
emission targets that are more stringent than the performance evaporative emission  
standards set out in sections 2754 , and 2755.  These optional performance evaporative 
emission  standards will be part of a statewide clean air -labeling program.  Upon 
implementation, a manufacturer certifying to an optional performance evaporative 
emission  standard would be allowed to affix a “Blue Sky Label” on their equipment.   
26 
  
Optional Permeation Rate Emission  Standard 
 
Effective Date  
Model Year  Applicability  Requirement1 
Tank Permeation  
2007  Equipment Tthat Uuse 
Ggasoline Ppowered Ssmall 
Ooff-Rroad Eengines Wwith 
Ddisplacements  
< 80 cc  Fuel Ttank Ppermeation 
Emissions  rate Sshall Nnot 
Eexceed 1.0 Ggrams Pper 
Ssquare Mmeter Pper Dday Aas 
Ddetermined Bby TP-901. 
2018  Small off-road engines with 
displacement s 
≤ 80 cc  Fuel tank permeation rate shall 
not exceed 0.40  grams ROG per 
square meter  of internal surface 
area per day as determined by 
TP-901. 
1  Permeation rate must be measured to two significant digits.  
 
Optional EvaporativeDiurnal  Emission Standards  
(Grams per 24 -hour diurnal test)  
 
Effective Date  
Model Year  Applicability  Requirement1 
Total Hydrocarbons  
2007  All Eequipment Tthat Uuse 
Ssmall Ooff-Rroad Eengines 
Wwith Ddisplacements  
> 80 cc Tto < 225 cc  Diurnal Eemissions Sshall Nnot 
Eexceed 0.5 Ggrams Ttotal 
Hhydrocarbons Pper Dday Aas 
Ddetermined Bby TP-902. 
2018  Small off -road engines with 
displacement s > 80 to < 225 cc  Diurnal emissions shall not 
exceed 0.20  g organic material 
hydrocarbon equivalent  per day 
as determined by TP -902. 
2008  and 
Later  All Eequipment Tthat Uuse 
Ssmall Ooff-Rroad Eengines 
Wwith Ddisplacements  
≥ 225 cc  Diurnal Eemissions Sshall Nnot 
Eexceed 1.0 Ggrams Ttotal 
Hhydrocarbons Pper Dday Aas 
Ddetermined Bby TP-902. 
2018  Small off-road engines with 
displacement s ≥ 225 cc  Diurnal emissions shall not 
exceed 0.40  g organic material 
hydrocarbon equivalent  per day 
as determined by TP -902. 
1  Diurnal emissions must be measured to two significant digits.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
  
27 
 §2758.  Test Procedures.  
 (a) Testing to determine compliance with section 2754 of this Article shall be 
performed using  
the following test procedures:  
 (1) for model years 2007 through 2017, 
TP-902, adopted July 26, 2004, which 
is incorporated by reference herein ; 
 
(2) for model year s 2018 and 2019,  
 
(A) for Holders following CP -902, adopted July 26, 2004, TP-902, 
adopted July 26, 2004,  or 
 
(B) for Holders following CP -902, adopted July 26, 2004, and amended 
September 18, 2017, TP-902, adopted July 26, 2004, and amended 
September 18, 2017, which is incorporated by reference herein;  
 
(3) for model year 2020 and subsequent model years, TP -902, adopted July 
26, 2004, and amended September 18, 2017 . 
 (b) Testing to determine compliance with section 2755 of this Article shall be 
performed using  
the following test procedures:  
 (1) for model years 2007 through 2017,  
TP-901, adopted July 26, 2004, which 
is incorporated by reference herein ; 
 
(2) for model year s 2018 and 2019,  
 
(A) for Holders following CP -901, adopted July 26, 2004, TP-901, 
adopted July 26, 2004,  or 
 
(B) for Holders following CP -901, adopted July 26, 2004, and amended 
September 18, 2017:  
 
1. TP-901, adopted July 26, 2004, and amended September 
18, 2017, and  
 
2. One of the following:  
 
i. SAE J1737,  
 
ii. SAE J30,  or 
 
iii. SAE J1527, or  
  
28 
 iv. only for fuel lines with inner diameter 4.75 mm or less, 
SAE J2996 ; 
 
(3) for model year 2 020 and subsequent model years,  
 
(A) TP-901, adopted July 26, 2004, and amended September 18, 2017,  
and 
 
(B) One of the following:  
 
1. SAE J1737 , 
 
2. SAE J30,  or 
 
3. SAE J1527, or  
 
4. only for fuel lines with inner diameter 4.75 mm or less, SAE 
J2996 . 
 
(c) Testing to determine compliance with section 2757 of this Article shall be 
performed using  the following test procedures:  
 
(1) for model years 2007 through 2017,  
 (A) 
TP-901, adopted July 26, 2004,  to determine permeation 
emissions, and  
 (B) 
TP-902, adopted July 26, 2004, to determine diurnal emissions ; 
 
(2) for model years  2018 and 2019,  
 
(A) for Holders following CP -901, adopted July 26, 2004, TP-901, 
adopted July 26, 2004,  to determine permeation emissions,  
 
(B) for Holders following CP -902, adopted July 26, 2004, TP-902, 
adopted Jul y 26, 2004, to determine diurnal emissions,  
 
(C) for Holders following CP -901, adopted July 26, 2004, and amended 
September 18, 2017, TP-901, adopted July 26, 2004, and amended 
September 18, 2017,  to determine permeation emissions,  and 
 
(D) for Holders following CP -902, adopted July 26, 2004, and amended 
September 18, 2017, TP -902, adopted July 26, 2004, and amended 
September 18, 2017, to determine diurnal emissions ; 
 
(3) for model year 2020 and subsequent model years,   
29 
  
(A) TP-901, adopted July 26, 2004, and amended September 18, 2017, 
to determine permeation emissions, and  
 
(B) TP-902, adopted July 26, 2004, and amended September 18, 2017, 
to determine diurnal emissions . 
 Test procedures referred to in this Article may be obtained from the California Air 
Resources Board at P.O. Box 2815, Sacramento, California 95812 or over the Internet at http: \\www.arb.ca.gov.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2759.  Equipment and Component Labeling.  
 (a) Purpose.  The Air Resources Board recognizes that certain emissions -critical 
and/or emissions -related parts must be properly labeled in order to identify 
equipment that meets applicable evaporative emission  standards. These 
specifications require equipment and/or engine manufacturers Holder s
 to affix a 
certification label (or labels) on each production equipment  unit (or engine, as 
applicable).  
 (b) Applicability.  These specifications apply to:  
 
(1) Engines , or equipment , fuel lines, fuel tanks, and carbon canisters
 that 
have been certified to the applicable evaporative emission standards in this Article.  
 (2) Equipment manufacturers who use an engine certified under this Article if their equipment obscures t he emissions control label of such certified 
engine.  
 (c) Complete Evaporative Emission Control System 
Certification Label Content and 
Location.  
 
(1) A plastic or metal certification  label must  be welded, riveted or otherwise 
permanently attached by the equipment or engine manufacturer Holder  to 
an area on the engine or equipment  unit in such a way that it will be 
readily visible.  
 (2) In selecting an acceptable location, the possibility of accidental damage must  be considered (e.g. possibility of tools or sharp instruments coming 
in contact with the label).  Each certification label must be affixed in such a manner that it cannot be removed without destroying or defacing the label, and must  not be affixed to any engine (or equipment, as applicable)  
30 
 component that is easily detached from the engine or equipment as 
applicable.  
 
(3) The engine or  equipment certification  label information must be written in 
the English language and use block letters and numerals (i.e.,  sans serif, 
upper -case characters) that must be of a color that contrasts with the 
background of the label.  
 (4) The engine or equipment certification
 label must contain the following 
information:  
 
(A) The label heading must read: “IMPORTANT EMISSIONS INFO RMATION.”  When combined with an exhaust label, 
“EMISSIONS” relates to both exhaust and evaporative emissions.  
 (B) The full corporate name or trademark of the 
engine or equipment 
manufacturer Holder . 
 
1. A manufacturer Holder  may request approval to delete its 
name and trademark, and substitute the name and trademark of another manufacturer, original equipment manufacturer, or third- party distributor.  
 2. Such an approval does not relieve the manufacturer Holder
 
of complying with the requirements imposed by t his Article.  
 
(C) Identification of the evaporative emission control system.  
Abbreviations per SAE J1930 dated May 14, 2002 revised October 
2008 , or manufacturers  Holder ’s evaporative code as defined in the 
owner ’s manual are allowed if they are submitted as part of the 
certification application.  
 (D) The date (month and year)  of 
engine manufacture (month and year) 
for evaporative emission control system s certified by the engine 
manufacturer or the date of equipment  manufacture  (month and 
year) for evaporat ive emission control systems certified by the 
equipment manufacturer . 
 (E) An unconditional statement of compliance with the appropriate model year(s) (for 2006 and later) California regulations; for example, “THIS ENGINE MEETS 2006 CALIFORNIA EVP EMISSION  REGULATIONS FOR SMALL OFF -ROAD ENGINES”.  
 (F) Evaporative emissions family.  Attachment 1 of 
the Certification 
Procedures,  CP-902, adopted July 26, 2004,  and Attachment 1 of 
CP-902, adopted July 26, 2004, and amended September 18,  
31 
 2017,  contain s the class ification criteria for determining an 
evaporative family  for engines greater than 80 cc .  For equipment 
less than or equal to 80 cc, the engine exhaust family is the 
evaporative family.  
 (d) 
Evaporative Emission Control Component  Certification Label  Conten t and 
Location.  
 
(1) Fuel lines, fuel tanks, and carbon canisters certified to the evaporative 
emission standards in this Article shall be clearly labeled or marked  by a 
permanent  identification showing the Holder 's name, the Executive Order  
number, and model  or part  number .   
 (2) 
The label information shall  be written in the English language and use 
block letters and numerals (i.e., sans serif, upper -case characters) that are 
raised or contrast with the background of the label  or component . 
 
(3) The Holder’s three- character manufacturer code assigned by U.S. EPA  
may be used in place of the Holder’s name if the manufacturer code is 
declared in the certification application.  If only one model or part number 
is certified under the applicable E xecutive Order, the model or part 
number may be omitted from the label information.   
 (de) Conformance with Other Requirements.  A  certification
 label may state that the 
equipment conforms to any applicable Federal, Canadian, or European evaporative emiss ion standards for new equipment; or any other information that 
the 
manufacturer  Holder  deems necessary for, or useful to, the proper operation 
and satisfactory maintenance of the engine evaporative emission control system . 
 (e
f) Label Visibility.  As used in these specifications, readily visible to the average 
person means that a label is readable from a distance of 46 centimeters (18 inches) without any obstructions from equipment or engine parts (including all original equipment manufacturer or engine manufacturer (as applicable) available optional equipment) except for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out of the way without disconnection.  Alternatively, information required by these specifications to be printed on the equipment 
and/or engine (as applicable) must be no smaller than 2 millimeters in height provided that no equipment or engine parts (including all
 original equipment  
manufacturer available optional equipment), except for flexible parts, obstruct the label( s).
  The label may be under a hinged door or other readily opened or 
removed cover , subject to the limitations of subsection (c)(2) of this section. It 
may not be hidden by any cover attached with screws or any similar designs.  
 (fg) Label Durability.  The  certification
 labels and any adhesives used must be 
designed to withstand, for the equipment's useful life, typical equipment environmental conditions in the area where the labels required by this section are  
32 
 attached.  Typical equipment environmental conditions include, but are not limited to, exposure to engine fuels, lubricants and coolants (e.g., gasoline, motor oil, water, and ethylene glycol).  The engine or equipment manufacturer applicant
 
must submit, with its certification application, a statement attesting that its  
certification  labels comply with these requirements.  
 
(gh) Sample Label Submission.  Samples of all actual production  certification  labels 
used within an evaporative family must be submitted to the Executive Officer 
within thirty days af ter the start of production.  Sample  certification  labels are not 
required for carry over certification unless labels are revised.   Engine 
manufacturers must provide samples of their own applicable production labels, 
and samples of applicable production labels of the equipment manufacturer that 
are accessible to the engine manufacturers due to any direct market 
arrangement between such manufacturers.  
 (hi) The Executive Officer may approve alternate  certification
 label locations or may, 
upon request, waive or modify the label content requirements provided that the intent of these specifications is met.  Such approval may be conditioned upon providing such information in the owner’s manual as the Executive Officer deems appropriate.  
 (i
j) Labeling Enforcement . 
  Use of  certification
 labels that are different from those approved will be grounds 
for revocation or suspension of the Executive Order of Certification.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2760.  Defects Warranty Requirements for Small Off -Road Engines.  
 (a) Applicability.  This section applies to  evaporative emission control systems on
 
small off -road engines or equipment that use small off -road engines  subject to 
the performance emission  standards in this Article.  The warranty period begins 
on the date the engine or equipment is delivered to an ultimate purchaser.  
 (b) General Evaporative Emissions Warranty Coverage.  The engine or equipment must  be warranted to the ultimate purchaser and any subsequent owner that the 
evaporative emission control system when installed was:  
 
(1) Designed, built, and equipped so as to conform with all applicable regulations; and  
 (2) Free from defects in materials a nd workmanship that causes the failure of 
a warranted part for a period of two years.  
  
33 
 (c) The warranty on evaporative emissions -related parts will be interpreted as 
follows:  
 
(1) Any warranted part that is not scheduled for replacement as required mainten ance in the written instructions required by subsection (e) must be 
warranted for the warranty period defined in subsection (b)(2). If any such 
part fails during the period of warranty coverage, it must be repaired or 
replaced by the manufacturer issuing t he warranty
Holder  or the Holder’s 
contracted warranty provider  according to subsection (4) below. Any such 
part repaired or replaced under the warranty must be warranted for a time 
not less than the remaining warranty period.  
 (2) Any warranted part that i s scheduled only for regular inspection in the 
written instructions required by subsection (e) must be warranted for the warranty period defined in subsection (b)(2). A statement in such written instructions to the effect of “repair or replace as necessary ” 
shall advise 
owners of the warranty coverage for evaporative emissions related parts . 
Replacement within the warranty period is covered by the warranty and 
will not reduce the period of warranty coverage. Any such part repaired or replaced under warranty  must be warranted for a time not less than the 
remaining warranty period.  
 (3) Any warranted part that is scheduled for replacement as required maintenance in the written instructions required by subsection (e) must be warranted for the period of time pri or to the first scheduled replacement 
point for that part. If the part fails prior to the first scheduled replacement, the part must be repaired or replaced by the manufacturer according to subsection (4) below. Any such part repaired or replaced under war ranty 
must be warranted for a time not less than the remainder of the period prior to the first scheduled replacement point for the part.  
 (4) Repair or replacement of any warranted part under the warranty provisions of this article must be performed at no charge to the owner at a 
warranty station.  
 (5) Notwithstanding the provisions of subsection (4) above, warranty services or repairs must be provided at distribution centers that are franchised to service the subject engines or equipment.  
 (6) The owner m ust not be charged for diagnostic labor that leads to the 
determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station.  
 (7) Throughout the evaporative emission control system's warranty period set out in subsection (b)(2), the manufacturer issuing the warranty
Holder  or 
the Holder’s contracted warranty provider  must maintain a supply of  
34 
 warranted parts sufficient to meet the expected demand for such parts  and 
must obtain additional parts if that supply is exhausted . 
 (8) Manufacturer -approved replacement parts  
that do not increase the 
exhaust or evaporative emissions of the engine or evaporative emission 
control system  must  be used in the performance of any warranty 
maintenance or repairs and must be provided without charge to the owner. Such use will not reduce the warranty obligations of the 
manufacturer 
issuing the warranty  Holder  or the Holder’ s contracted warranty provider . 
 (9) The use of any add-on or modified parts willmay
 be grounds for 
disallowing a warranty claim made in accordance with this aArticle. The 
manufacturer issuing the warranty Holder  or the Holder’s contracted 
warranty provider  will not be liable under this Article to warrant failures o f 
warranted parts caused by the use of an add- on or modified part.  
 (10) The manufacturer issuing the warranty Holder
 shall provide any documents 
that describe that manufacturer's Holder  warranty procedures or policies 
within five working days of request by the Executive Officer.  
 (d) A copy list of the following all evaporative emission warranty parts list 
must  be 
included with each new engine or equipment subject to this Article , using those 
portions of the list applicable to the engine or equipment .  The evaporative 
emission warranty parts list  shall include all parts  whose failure would increase 
evaporative emissions, and  may contain, but is not limited to, the following parts:  
 
(1) Fuel Tank * 
 (2) Fuel Cap  
 (3) Fuel Line
s (for liquid fuel and fuel vapors ) 
 (4) Fuel Line Fittings  
 (5) Clamps*
* 
 (6) Pressure Relief Valves*
* 
 (7) Control Valves*
* 
 (8) Control Solenoids*
* 
 (9) Electronic Controls*
* 
 (10) Vacuum Control Diaphragms*
* 
  
35 
 (11) Control Cables* * 
 (12) Control Linkages*
* 
 
(13) Purge Valves * 
 
(14) Vapor Hoses  Gaskets*  
 
(15) Liquid/Vapor Separator  
 (16) Carbon Canister  
 (17) Canister Mounting Brackets  
 (18) Carburetor Purge Port Connector  
   
*Note: The parts list for equipment less than or equal to 80 cc only 
includes the fuel tank.  
  **
Note:  As they relate to the evaporative emission control system.  
 (e) Written instructions for the maintenance and use of the evaporative emissions control system by the owner shall be furnished with each new engine or equipment subject to this Article. The instructions must  be consistent with this 
a
Article and applicable regulations contained herein.  
 (f) The documents required by subsections  (d) and (e)
 must  be submitted with the 
application for evaporative emission control system certification for approval by the Executive Officer.  Approval by the Executive Officer of t he documents 
required by subsection s (d)
 and (e)  is a condition of certification. The Executive 
Officer will approve or disapprove the documents required by subsections (d) and 
(e) within 90 days of the date such documents are received.  
 (g) The applicatio n for evaporative emission control system certification must  also 
include a statement regarding the maintenance of the evaporative emission control system. The statement must include, but not be limited to, information on evaporative emission control system maintenance, and a maintenance schedule.  
 
(h) Any other warranty statements applicable to engines or equipment units must not 
imply a limitation on the evaporative emissions warranty period or its applicability 
to subsequent owners after the ultimate pur chaser .  If the warranty period for any 
warranty  other than the emissions warranty  is less than two years, the statement 
of such warranty must specifically state that it does not limit the evaporative 
emissions warranty period of two years from  purchase.  If any warranty other 
than the emissions warranty does not extend to subsequent owners after the 
ultimate purchaser, the statement of such warranty must specifically state that it  
36 
 does not affect the applicability of the evaporative emissions warranty to 
subsequent owners after the ultimate purchaser.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2761.  Emission -Related Defect  and Production Volume  Reporting 
Requirement s. 
 (a) Applicability.  This section applies to  evaporative emission control systems  on
 
2007 model year and later small off -road engines and equipment that use small 
off-road engines.  The requirement to report evaporative emission- related defects 
affectin g a given class or category of engines or equipment evaporative family  will 
remain applicable for five years from the end of the calendar year in which such 
engines or equipment were the affected evaporative family was  manufactured.  
 (b) A manufacturer Holder
 must  file a defect information report whenever, on the 
basis of data obtained subsequent to the effective date of these regulations:  
 
(1) The manufacturer Holder  determines, in accordance with procedures 
established by the manufacturer Holder  to identify ei ther safety -related or 
performance defects, that a specific evaporative emission- related defect 
exists; and  
 (2) A specific evaporative emission- related defect exists in 25 or more 
tanks, 
engines or equipment evaporative emission control systems  of a given 
evaporative family manufactured in under  the same Executive Order or  in 
the same  model year.  
 (c) No report must be filed under this section for any evaporative emission- related 
defect corrected prior to the sale of the affected engines or equi pment to ultimate 
purchasers.  
 (d) The manufacturer  Holder  must submit defect information reports to Chief, 
Mobile 
Source Operations  Emissions Compliance, Automotive Regulations and Science  
Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731, n ot more than 
15 working days after an emission- related defect is found to affect 25 or more 
engines or equipment evaporative emission control systems  certified under the 
same Executive Order or  in the same model year , unless otherwise directed by 
the Execut ive Officer .  Information required by subsection ( de) of this section that 
is either not available within 15 working days or is significantly revised must be submitted to the Executive Officer as it becomes available.  
 (e) Each defect report must contain t he following information:  
 
(1) The manufacturer’s  Holder ’s
 corporate name.   
37 
  (2) A description of the defect.  
 (3) A description of each 
class or category of engines or 
equipment evaporative family  potentially affected by the defect including 
make, model, model year, calendar year produced, and any other 
information required to identify the engines affected.  
 
(4) For each class or category of engines or equipment evaporative family  
described in response to subsection (d) of this section, the following must also be provided:  
 
(A) The number of engines or equipment evaporative emission control 
systems  known or estimated to have the defect and an explanation 
of the means by which this number was determined.  
 (B) The address of the plant(s) at which the potentiall y defective 
engines or equipment evaporative emission control systems
 were 
produced.  
 
(5) An evaluation of the evaporative emissions impact of the defect and a description of any operational problems that a defective 
engine or 
equipment evaporative emission control system  might exhibit.  
 (6) Available evaporative emission data that relate to the defect.  
 (7) An indication of any anticipated manufacturer  Holder
 follow -up. 
 
(f) End-of-Year and F inal Production Volume Reports.  
 
(1) A Holder shall submit end- of-year and final production volume  reports for 
all of the Holder’s evaporative families.  End- of-year and final production 
volume reports must indicate the production volume for each evaporative 
family.   Production  volume must be provided for each equipment type by  
engine family and fuel tank volume within each evaporative family.  
 (2) (A) Unless otherwise approved or specified by the Executive Officer,
 
end-of-year production volume 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, El Monte, CA 91731.  
 
(B) Unless otherwise approved or specified by the Executive Officer, 
final producti on volume reports must be submitted within 270 days 
of the end of the model year to:   
38 
  Chief, Emissions Compliance, Automotive Regulations and Science 
Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731.  
 
(3) Failure by a Holder to submit any end -of-year or final production volume  
reports in the specified time for any evaporative family subject to this 
Article is a violation of this section for each engine or equipment in the 
evaporative family covered by the report.  
 
(4) Errors discovered by A RB or the Holder in the end- of-year production 
volume report may be corrected in the final production volume report.  
 
(5) Reports submitted to meet the requirements of section 2754.1 of this 
Article may be used to meet th e requirements of this section.  
 
(6) A report submitted to ARB to meet the requirements of section 1054.250 
of the “California Exhaust Emission Standards and Test Procedures for 
New 2013 and Later Small Off -Road Engines; Engine- Testing Procedures 
(Part 1054),” adopted October 25, 2012,  for an engine family  may be used 
to meet the requirements of this section for an evaporative family that  is 
equivalent to the  engine family.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2762.  Voluntary Emission Recall Program . 
 (a) When any manufacturer  Holder
 initiates a volu ntary emissions recall program 
involving 25 or more tanks, engines, or equipment evaporative emission control 
systems , the manufacturer  Holder  must submit a report describing the 
manufacturer’s  Holder ’s voluntary emissions recall plan as prescribed by this 
section within 15 working days of the date owner notification began.  The report must contain the following:  
 
(1) A description of each class or category of engines or 
equipment evaporative family  recalled including the number of tanks, 
engines or equipment evaporative emission control systems  to be recalled, 
the model year, the make, the model, and such other information as may be required to identi fy the 
engines units  recalled;  
 (2) A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to correct the 
tanks, engines, 
or equipment evaporative emission control systems  affected by the 
emission -related defect;  
 (3) A description of the method by which the manufacturer  Holder
 will notify 
engine or equipment evaporative emission control system  owners and, if  
39 
 applicable, the method by which the manufacturer  Holder  will determine 
the names and addresses of engine or equipment evaporative emission 
control system  owners;  
 (4) A description of the proper maintenance or use, if any, upon which the manufacturer  Holder
 conditions eligibility for repair under the recall plan, 
an explanation of the manufacturer’s  Holder ’s reasons for imposing any 
such conditions, and a description of the proof to be required of an engine 
or equipment evaporative emission control system  owner to demonstrate 
compliance with any such conditions;  
 (5) A description of the procedure to be followed by 
engine or 
equipment evaporative emission control system  owners to obtain 
correction of the nonconformity.  This may include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the defect, and the designation of facilities at which the defect can be remedied;  
 (6) A description of the class of persons other than dealers and authorized warranty agents of the manufacturer Holder
 who will remedy the defect;  
 (7) When applicable, three copies of any letters of notification to be sent engine owners;  
 (8) A description of the system by which the manufacturer  Holder
 will assure 
that an adequate supply of parts is avail able to perform the repair under 
the plan, and that the supply remains both adequate and responsive to owner demand;  
 (9) Three copies of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan;  
 (10) A description of the impact of the proposed changes on fuel consumption, 
performance,  evaporative emissions,  and safety of each 
class or category 
of engines or equipment evaporative family  to be recalled;  
 (11) A sample of any label to be applied to engines or equipment
evaporative 
emission control systems  that participated in the voluntary recall 
campaign.  
 (b) The manufacturer Holder
 must  submit at least one report on the progress of the 
recall campaign.  Such report must be submitted no later than 18 months from the date notification was begun and include the following information:  
  
40 
 (1) The methods used to notify both engine or equipment evaporative 
emission control system  owners, dealers and other individuals involved in 
the recall campaign;  
 (2) The number of engines or equipment
evaporative emission control 
systems  to be affected by the emission- related defect and an explanation 
of the me ans by which this number was determined;  
 (3) The number of engines or equipment
evaporative emission control 
systems  actually receiving repair under the plan; and  
 (4) The number of engines or equipment
evaporative emission control 
systems  determined to be ineligible for remedial action due to a failure to 
properly maintain or use such engines evaporative emission control 
systems . 
 (c) Unless otherwise direct ed by the Executive Officer, t he Holder  shall S
send the 
defect report, voluntary rec all plan, and the voluntary recall progress report to: 
Chief, Mobile Source Operations  Emissions Compliance, Automotive Regulations 
and Science  Division, Air Resources Board, 9528 Telstar Avenue, El Monte, CA, 
91731.  
 (d) The Holder  shall Rretain the infor mation gathered by the manufacturer  Holder
 to 
compile the reports for not less than five years from the date of the end of the  
model year  in which the defect occurred .  The manufacturer  Holder  must  make 
this information available to duly authorized officials of the ARB upon request.  
 (e) The filing of any report under the provisions of this section does not affect a manufacturer’s  Holder ’s
 responsibility to file reports or applications, obtain 
approval, or give notice under any provision of law.  
 (f) The act of filing an Eemission Ddefect Iinformation R
report is inconclusive as to 
the existence of a defect subject to the warranty provided by section 2764 of this Article.  
 (g) A manufacturer  Holder  may include on each page of its Eemission D
defect 
Iinformation Rreport a disclaimer stating that the filing of a Defect Information 
Rreport pursuant to these regulations is not conclusive as to the applicability of 
the warranty provided by section 2764 of this Article.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
 
§2763.  Ordered Recalls.  
  
41 
 (a) (1) If the Executive Officer determines that a substantial number of any class 
or category of engines or equipment evaporative emission control systems , 
or components used on such engines or equipment evaporative emission 
control systems  in an evaporative family  certified pursuant to section 
27534(b), although properly maintained and u sed, do not meet the 
performance or design evaporative emission standards prescribed under 
this Article, when in actual use throughout their useful life, the Executive Officer shall immediately notify the responsible 
manufacturer Holder  of 
such nonconformit y and require the manufacturer Holder  to submit a plan 
for remedying the nonconformity.  
 
 The manufacturer’s Holder ’s plan shall provide that the nonconformity of 
any such engines or equipment evaporative emission control systems  that 
are properly used and maintained will be remedied at the expense of the 
manufacturer Holder . 
  If the manufacturer Holder
 disagrees with such determination of 
nonconformity, the manufacturer Holder  may appeal such determination 
pursuant to section 2771.  
 
(2) Any notification required to be given by the manufacturer  Holder  under 
subsection (a)(1) of this section with respect to any class or category of 
engines or equipment evaporative family  shall be given to dealers, ultimate 
purchasers, and subsequent purchasers (if known) in such manner and containing such information as required in section 2761 of this Article.  
 (3) (A) Prior to an ARB -ordered recall, the manufacturer Holder
 may 
perform a voluntary emissions recall pursuant to section 2762 of this Article.  Such 
manufacturer Holder  is subject to the reporting 
and record keeping requirements of section 2762 subsections (c) 
and (d) of section 2762 of this Article.  
 
(B) Once ARB determines that a substantial number of engines or 
equipment evaporative emission control systems  fail to conform to 
the requirements of this Article, the manufacturer Holder  will not 
have the option of a voluntary recall.  
 (b) The manufacturer Holder
 bears all cost obligation a dealer incurs as a result of a 
requirement imposed by subsection (a) of this section.  The transfer of any such cost obligation from a 
manufacturer Holder  to a dealer through franchise or other 
agreement is prohibited.  
 (c) Any inspecti on of an engine or equipment evaporative emission control system
 for 
purposes of subsection (a)(1) of this section, after its sale to the ultimate purchaser, is to be made only if the owner of such 
engine or 
equipment evaporative emission control system  voluntarily permits such  
42 
 inspection to be made, except as may be provided by any state or local inspection program.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2764.  Evaporative Emission Control  System  Warranty Statement.  
 (a) Any application for an evaporative emission control system certification must  
include a copy of the following  warranty statement :
 in subsection (b) of this 
section.  Text in parentheses shall be replaced with the appropriate information.  
A combined exhaust and evaporative warranty statement is acceptable.  For 
combined warranty statements, “evaporative emissi on” may  be replaced with 
“emissions” where “emissions” is understood to mean both exhaust and 
evaporative emissions.   If a Holder contracts with a third party  to provide 
warranty service, the Holder’s contracted warranty service provider ’s name may 
be specified i n lieu of the Holder’s name in the warranty statement.  
 (b)
  
CALIFORNIA EVAPORATIVE EMISSION CONTROL WARRANTY  
STATEMENT  
YOUR WARRANTY RIGHTS AND OBLIGATIONS  
 The California Air Resources Board (and manufacturer’s Holder ’s name , optional ) 
isare pleased to ex plain the evaporative emission control system’s warranty on 
your (year(s)) (equipment type).  In California, new equipment that use small off -
engines must be designed, built, and equipped to meet the State’s stringent anti -
smog standards.  ( Manufacturer’s Holder ’s name) must warrant the evaporative 
emission control system on your (equipment type) for the period listed below provided there has been no abuse, neglect or improper maintenance of your equipment
 leading to the failure of the evaporative emission c ontrol system . 
  Your evaporative emission control system may include parts such as: carburetors, fuel tanks, fuel lines  (for liquid fuel and fuel vapors)
, fuel caps, 
valves, canisters, filters,  vapor hoses,  clamps, connectors, and other associated 
components.   For engines less than or equal to 80 cc, only the fuel tank is 
subject to the evaporative emission control warranty requirements of this 
section.  
  
A combined exhaust and evaporative warranty statement  is acceptable.   For 
combined warranty statements, “evaporative emission” can be replaced with 
“emissions” where “emissions” is understood to mean both exhaust and 
evaporative emissions.  
 
MANUFACTURER’S WARRANTY COVERAGE:   
43 
  This evaporative emission control  system is warranted for two years.  If any 
evaporative emission- related part on your equipment is defective, the part will be 
repaired or replaced by ( manufacturer’s  Holder ’s name).  
 
OWNER’S WARRANTY RESPONSIBILITIES:  
 As the (equipment type) owner, you ar e responsible for performance of 
the required maintenance listed in your owner’s manual.   ( Manufacturer’s  
Holder ’s name) recommends that you retain all receipts covering 
maintenance on your (equipment type), but ( manufacturer’s  Holder ’s 
name) cannot deny warranty  coverage  solely for the lack of receipts.  
 As the (equipment type) owner, you should however be aware that the 
(manufacturer’s  Holder ’s name) may deny you warranty coverage if your 
(equipment type) or a part has failed due to abuse, neglect, or improper maintenance or unapproved modifications.  
 You are responsible for presenting your (equipment type) to a (manufacturer’s  Holder ’s
 name) distribution center or service center as 
soon as the problem exists.  The warranty repairs should  shall be 
completed in a reasonable amount of time, not to exceed 30 days.  If you have a question regarding your warranty coverage, you should contact (Insert chosen 
manufacturer’s  Holder ’s contact) at ( 1-XXX-XXX-XXXX) . 
 NOTE:  Authority cited:  Sections 39600,  39601 and 43013, Health and Safety Code.  
Reference:  Section 43013, Health and Safety Code.  
§2765.  New Equipment Compliance Testing.  
 (a) Compliance Test Procedures.  
 
(1) The Executive Officer may order a n engine or equipment manufacturer
 
Holder  to make available for compliance testing and/or inspection five  or 
more  fuel lines, carbon canisters, or fuel tanks, or one or more engines , or 
equipment units  with complete evaporative emission control systems .  
Unless otherwise directed by the Executive Officer,  the fuel lines, carbon 
canisters, fuel tanks, engines, or equipment units shall be delivered to the 
Haagen- Smit Laboratory, 9528 Telstar Avenue, El Monte, California.  Fuel 
lines, carbon canisters, fuel tanks, engines or equipment units must be 
selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer, that, insofar as practical, must exclude engines or equipment that would result in an unreasonable disruption of the 
manufacturer’s Holder ’s distribution system.  
Such an order may include a requirement to demonstrate that the measured rate or volume of purge from a representative sample of production canisters and engines certified under section 2754 
(b) meets 
any design specification required by the Executive Officer in the applicable Executive Order of Certification or included by the 
manufacturer  Holder  in 
the application for such an Order.   
44 
   
(2) The Executive Officer may obtain five or mor e fuel lines, carbon canister s, 
or fuel tanks,  or one or more  engines or equipment units  with complete 
evaporative emission control systems  manufactured for sale or lease for 
use or operation in California, sold or leased or offered for sale or lease for 
use or operation in California, or delivered or imported into California for 
introduction into commerce in California for compliance testing or 
inspection.  
 
(23) The method for selection and testing of the fuel lines, carbon canisters, 
fuel tanks, engines or equipment and the evaluation of test data must be 
made in accordance with the procedures set forth herein.  
 (3
4) Air Resources Board personnel shall have access to the fuel line, carbon 
canister, fuel tank, engine, or equipment assembly plants, or distribution 
facilities for the purposes of fuel line, carbon canister, fuel tank, engine, or 
equipment selection and testing.  Scheduling of access shall be arranged with the representative designated in the application for certification.  
 (4
5) All testing must  be conducted in accordance with the applicable model 
year evaporative emission test procedures , except that durability testing 
and preconditioning may be omitted or conducted at a lower temperature 
at the Executive Officer’s discretion.  Any evaporative emission control 
system parameters must be set t o values or positions that are within the 
range available to the ultimate purchaser as determined by ARB.  No break -in, 
or modifications, adjustments, or special preparation or 
maintenance will be allowed on fuel lines, carbon canisters, fuel tanks, 
engines or equipment units chosen for compliance testing without the written consent of the Executive Officer.  
 (5
6) Correction of damage or maladjustment that may reasonably be found to 
have resulted from shipment of the engine or equipment is permitted only after an initial test of the engine or equipment, except where 100 percent 
of the 
manufacturer’s  Holder ’s production is given that inspection or 
maintenance by the manufacturer’s  Holder ’s own personnel.  The 
manufacturer  Holder  may request that the engine or equipment be 
repaired from shipping damage, and be retested. If the Executive Officer concurs, the engine or equipment may be retested, and the original test results may be replaced by the after -repair test results.  
 (6
7) Engines or equipment must be randomly chosen from the selected 
evaporative family or subgroup.  
 (78) 
Five fuel lines, carbon canisters, tanks, engines or equipment of the same 
model within an evaporative family or subgroup will be selected for testing 
per th e applicable test procedure.   An evaporative family or subgroup will  
45 
 be deemed to have passed the compliance testing if all five test results  the 
diurnal  emissions from all tested engines or equipment units  are below the 
applicable diurnal emission  standar d in section 2754 or 2757, or the 
EMEL, if applicable.   If any engine or equipment unit has diurnal 
emissions  above the applicable diurnal emission standard in section 2754 
or 2757,  or the EMEL, if applicable,  the evaporative family will be deemed 
to have failed compliance testing.  
 
 The fuel lines, carbon canister s, or fuel tanks certified under an Executive 
Order will be deemed to have passed the compliance testing if all tested 
samples meet the applicable design standard in section 2754 , 2755, or 
2757.  The fuel lines, carbon canister s, or fuel tanks certified under an 
Executive Order will be deemed to have failed compliance testing i f any 
fuel line, carbon canister , or fuel tank does not meet  the applicable design 
standards in section 2754, 2755, or 2757 .  If one or more of the test 
results are above the applicable standard, an evaporative family or 
subgroup will be deemed to have failed the compliance testing if the upper 
95% confidence limit of the five sam ples is greater than 150%, 130%, or 
110% of the applicable performance standards specified in sections 2754 
through 2757 of this Article per the following table:  
  
  
Test Category  “Pass” If  “ U” is less 
than or equal to  “Fail” If  “ U” is greater 
than 
Ist Year of Production of 
Evaporative Families  1.5*Applicable Standard 1.5*Applicable Standard 
2nd Year of Production of  
Evaporative Families  1.3*Applicable Standard 1.3*Applicable Standard 
3rd and Subsequent Years 
of Production of 
Evaporative Families  1.1*Applicable Standard 1.1*Applicable Standard 
  
 
 Where:  
 
 nsx U *776.2+=
 
 nsample
xn
ii∑
==1
  
46 
  1) (
12
−−
=∑
=
nxx
sn
ii
 
 5=n  
 
 
(9) An evaporative family may be deemed to have failed compliance testing 
without testing if any engine or equipment unit selected for testing visibly 
leaks fuel , except that subsection (a)(6) shall still apply.  
 
(810) If any group of  fuel line s, carbon canister s, fuel tanks, engine s, or 
equipment unit s selected for inspection fails a n evaporative emi ssion  
compliance test as determined by subsection (a)( 78) or (a)(9), or fails to 
conform to the labeling requirements of section 2759, the Executive Officer shall notify the 
manufacturer Holder  in accordance with subsection 
(b). 
 
(b) Notification of Failure .  
  If compliance testing identifies  fuel lines, carbon canisters, fuel tanks,  engines
 or 
equipment units evaporative families  that do not meet the standards set out in 
(a)(7) above, or that do not conform with the permeation control design or 
permeation specifications of  in section s 2754  through 2757  or the labeling 
requirements in section 2759, the Executive Officer will notify the Holder  of the 
Executive Order of Certification covering the fuel lines, carbon canisters, fuel 
tanks, engines  or equipment evaporative families .  The Executive Officer shall also 
notify such Holder  that the Executive Order of Certification may be suspended or 
revoked. The Holder  of the Executive Order of Certification shall have 30 
calendar days in which to notify the Executive O fficer of their intent to provide 
additional information and/or independent test results for five fuel lines, carbon 
canister s, fuel tanks, engines, or equipment  units , selected by the Executive 
Officer , that document compliance of the evaporative family , fuel lines, carbon 
canister, or fuel tanks .  An evaporative family will be deemed to have overcome 
the failure of compliance testing under subsection (a)(8) or (a)(9) of this section 
and to have passed compliance testing if the average of the  diurnal emis sions 
from the five engines or equipment units selected by the Executive Officer  for 
independent testing under this subsection does not exceed  the applicable diurnal 
emission standard in section 2754 or 2757, or the EMEL, if applicable.  The fuel 
lines, ca rbon canisters, or fuel tanks certified under an Executive Order will be 
deemed to have overcome the failure of compliance testing under subsection 
(a)(8) or (a)(9) of this section and to have passed compliance testing if the five 
fuel lines, carbon canist ers, or fuel tanks selected by the Executive Officer for  
independent  testing under this subsection meet the applicable design standard in 
section 2754, 2755, or 2757.  The Executive Officer may request the engines, 
equipment units, fuel lines, carbon canis ters, or fuel tanks selected by the  
47 
 Executive Officer for independent testing under this subsection be delivered to an 
ARB facility for additional inspection or testing .  The Executive Officer will 
consider all relevant information  provided by the manufact urer, and other 
interested parties , including, but not limited to,  emission credits and  corrective 
actions applied by the Holder to the noncompliant evaporative family , fuel lines, 
carbon canisters, or fuel tanks  and emission credits to remedy the failure or 
determine if the evaporative family , fuel lines, carbon canisters, or fuel tanks 
comply  with the standards in sections 2754 through 2757.  
 (c) Suspension and Revocation of Executive Orders.  
 
(1) The Executive Officer shall not revoke or suspend the Ex ecutive Order of 
Certification ,
 without considering any information provided by the Holder  of 
such certification pursuant to (b) above.  
 
(2) If the results of the compliance testing indicate that the failed fuel lines, 
carbon canisters, fuel tanks,  engines , or equipment units of a particular 
evaporative family  or subgroup  certified under an Executive Order  are 
produced at one plant, the Executive Officer may elect to suspend the Executive Order of Certification with respect to that evaporative family for engines or equipment manufactured at that plant.  
 (3) Notwithstanding the foregoing, the Executive Officer may suspend an Executive Order of Certification  
, in whole or in part, effective upon written 
notice to the Holder  if the Executive Officer finds that :  
 
(A) The Holder  of the Executive Order of Certification has refused to 
comply with any of the requirements of this section; or  
 (B) The Holder  has submitted false or incomplete information in any 
report or information provided to the Executive Officer under this section;  
 (C) The Holder  has rendered inaccurate any test data submitted under 
this section;  
 (D) That ARB personnel have been denied the opportunity to conduct activities authorized under this section after a warrant or court order is presented to the Holder ; 
 (E) That ARB personnel were unable to conduct activities authorized in this Article because the facility is located in a foreign jurisdiction where local law prohibits those activities.  
 
(4) The Executive Officer may revoke an Executive Order of Certification for an evaporative family , fuel line , carbon canister, or fuel tank  after the  
48 
 Executive Order of Certification has been suspended pursuant to 
subsection (1) , or (2), or (3) of this section if the proposed remedy for the 
nonconformity, as reported by the Holder  to the Executive Officer, is one 
requiring a design change or changes to the evaporative emission control 
system , fuel line, carbon canister, or fuel tank  as described in the 
application for certification of the affected evaporative family , fuel line , 
carbon canister, or fuel tank  or subgroup . 
 (5) Once an Executive Order of Certification has been suspended for a failed 
fuel line, carbon canister, fuel tank,  engine,  or evaporative family
 
equipment , as provided for in subsection (1) , (2), or (3) of this section, the 
Holder  must take the following actions before the Executive Order of 
Certification can be reinstated:  
 
(A) Appeal the suspension pursuant to Section 2771; or  
 (A
B) Remedy the nonconformity;  
 (BC) Demonstrate that the fuel line, carbon canister, fuel tank,  engine,
 or 
evaporative family  equipment  conforms to the evaporative emission  
standards  in sections 2754 through 2757 and the labeling 
requirements in section 2759, as applicable,  by retesting  the each 
fuel line, carbon canister, fuel  tank,  engine,  or 
equipment evaporative family  in accordance wi th these regulations  
and submitting to the Executive Officer samples of all actual 
production labels used within the evaporative family ; and  
 (C
D) Submit a written report to the Executive Officer, after successful 
completion of testing on the failed fuel line, carbon canister, fuel 
tank, engine,  or evaporative family  equipment  that contains a 
description of the remedy and test results for each fuel line, carbon 
canister, fuel tank,  engine,  or equipment evaporative family  in 
addition to other information that  may be required by this 
partArticle .  
 
(6) Once an Executive Order of Certification for a failed evaporative family , 
fuel line, carbon canister,  or subgroup  fuel tank  has been suspended 
pursuant to subsection (1), (2) or (3) of this section, the Holder  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 fuel lines, carbon canisters, 
fuel tanks, engines,  or evaporative family  equipment , describes the 
proposed remedy, including a description of any proposed quality control and/or quality assurance meas ures to be taken by the  
49 
 Holder  to prevent future occurrences of the problem , and states the 
date on which the remedies will be implemented; and  
 
(B) Demonstrate that the evaporative family , fuel line , carbon canister,  
or fuel tank  subgroup  for which the Executive Order of Certification 
has been suspended does in fact comply with the regulations of this 
partArticle  by testing no fewer than five fuel lines, carbon canisters, 
fuel tanks, engines, or equipment  units .  The results must meet the 
“Pass” criteria in subsection (a)(7).   Such testing must comply with 
the provisions of this section.  
 
(7) Once the Executive Order of Certification has been revoked for an evaporative family , fuel lines, carbon canister,  or fuel tank  subgroup
, if the 
Holder  desires to continue introduction into commerce of a modified 
version of that evaporative family or subgroup, the Holder  must : 
 
 After implementing the change or changes intended to remedy the nonconformity, demonstrate that the modified evaporative family , fuel line , 
carbon canister, or fuel tank  does in fact conform to the applicable 
standards of this Article by testing five fuel lines, carbon canisters, fuel 
tanks, engines or equipment  units  selected by the Executive Officer  from 
the modified evaporative family unless such testing is waived by the 
Executive Officer.  
 (8) To permit a Holder  to avoid storing non- test engines or equipment while 
conducting subsequent testing of the noncomplying evaporative family, a Holder  may request that the Executive Officer conditionally reinstate the 
Executive Order of Certification for that evaporative family.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Saf ety Code.  
§2766.  Exemptions.  
 
(a) Low Permeation Tanks -  Metal tanks, coextruded multilayer tanks, and 
structurally integrated nylon fuel tanks on SORE equipment with engine displacements < 80 cc are specifically exempt from section 2755 of this Article 
through model year 2019 .  Tank permeation data is not required to be submitted 
in the certification application.   This exemption shall not apply to model year 20 20 
and subsequent model year evaporative emission control systems or fuel tanks . 
 (b) Small Production Volume Tank Exemption.  These engines or equipment 
qualifying under section 2752(a)( 26
30) are exempt from the diurnal standards in 
section 2754 and the fuel tank permeation standard in section 2754 of this Article  
through model year 2019  if the equipment contains the following:  
  
50 
 (1) An evaporative emission control system certified by an engine 
manufacturer that uses an actively purged carbon canister, an equivalent 
fuel line, and a sealed tethered fuel cap; or  
 (2) An evaporative emission control  system that passively vents fuel tank 
vapors to a carbon canister with a minimum butane working capacity as 
specified in TP -902, an equivalent fuel line, and a sealed tethered fuel 
cap. 
 
 Tank permeation data is not required to be submitted in the certifi cation 
application for Small Production Volume Tanks.   This exemption sh all not apply 
to model year 2020 and subsequent model year evaporative emission control 
systems or fuel tanks.  
 
(c) Equipment Fueled by a Vehicle Fuel Tank – Generators that are fueled from the 
fuel tank of an on- road motor vehicle or marine vessel are exempt from the 
diurnal  emission,  performance requirements in section 2754 and the fuel tank 
permeation,  and carbon canister design requirements standards  in section 
2754 (b).  However, the se generators must use fuel lineshose  that meet s the 
design standard  requirements  specified in section 2754 (b). 
 
NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2767.  Innovative Products.  
 
(a) The Executive Officer may make a determination that tank vent emission control achieved by an innovative technology may be approved per section 2767.1 if an evaluation of the innovative technology reveals that the technology can enable 
evaporative emission control systems  to meet the evaporative emission 
requirements in section 2754 or 2757.  
 
(b) The Executive Officer may make a determination to exempt engines and equipment from section 2756(b) of this Article if an evaluation of t he innovative 
technology reveals that the technology can enable engines or equipment to  meet 
the diurnal evaporative emission standards in section 2754.  
 
(c) The Executive Officer may  make a determination that fuel tanks that have 
undergone special treatme nt or that have been manufactured from a unique 
material are “equivalent fuel tanks” if it can be demonstrated that they meet the 
permeation standard in section 2755 of this Article when using TP -901, July 26, 
2004.  Tanks deemed equivalent augment “equivalent fuel tanks” already defined 
in section 2752 of this Article.    
 
(c)(d) A manufacturer must apply in writing to the Executive Officer for an innovative 
product equivalency claimed under subsection (a) , or (b, or c ).  The application  
51 
 must include the supporting documentation that quantifies the emissions from at least 5  engines or equipment units  with complete evaporative emission control 
systems using  samples of  the innovative product, including the test methods 
used to generate the data. The test met hods shall include criteria for 
reproducibility, accuracy, and sampling and laboratory procedures.  In addition, the applicant must provide any information to enable the Executive Officer to establish conditions for making a determination of “equivalency”.   All information, 
including proprietary data submitted by a manufacturer pursuant to this section, shall be handled in accordance with the procedures specified in title 17, California Code of Regulations, sections 91000- 91022.  
 (d)(e)
 Within 30 days of receipt of the application, the Executive Officer shall determine 
whether an application is complete.  
 (e)(f)
 Within 90 days after an application has been deemed complete, the Executive 
Officer will determine whether, under what conditions, and to what extent, a determination of “equivalency” will be permitted.  The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision.  An applicant may submit additional supporting documentation before a decision has been reac hed.  The Executive Officer will notify the applicant of the decision in 
writing and specify such terms and conditions that are necessary to ensure that emissions from  engines or equipment using
 use of  the innovative product will 
meet the emissions reducti ons specified in subsection (a, b, or c) evaporative 
emission standards in section 2754 or 2757.  
 (g) 
In granting an “equivalency” determination for a fuel tank, the Executive Officer 
shall specify the test method(s) for determining conformance to the condi tions 
established.  
 (h) 
For any fuel tank for which an innovative product “equivalency” has been granted 
pursuant to this section, the manufacturer shall notify the Executive Officer in 
writing at least 30 days before the manufacturer changes a product’s design, 
connections, or other factors that may effect the ROG emissions during 
recommended usage.  The manufacturer must also notify the Executive Officer 
within 30 days after the manufacturer learns of any information that would alter 
the emissions estimates submitted to the Executive Officer in support of the 
“equivalency” application.  
 (f)(i) If the  permeation
 evaporative emission  standards  or test procedures  are 
amended for a product category, all innovative “equivalency” determinations granted for prod ucts in the product category, except as provided in subsection 
(j)(g), have no force and effect as of the effective date of the amended 
permeation evaporative emission standards  or test procedures . 
 (g)(j) If the Executive Officer believes that a fuel tank
product  for which an 
“equivalency” determination has been granted no longer meets the criteria for an  
52 
 innovative product specified in subsections (a ), or (b, or c ), the Executive Officer 
may hold a public hearing in accordance with the procedures specified in title  17, 
California Code of Regulations, A article 1, Ssubchapter 1.25, Chapter 1, Division 
3, to determine if the “equivalency” determination should be modified or revoked.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety C ode.  
Reference:  Section 43013, Health and Safety Code.  
 
§2767.1 . Approved Evaporative Emission Control System Components . 
 
(a) The Executive Officer may make a determination to approve components (fuel tanks, fuel hoses
lines, and carbon canisters) for us e on evaporative emission 
control systems that have been shown to meet the Design 
Requirements Standards  in Table 1 of section 2754, section 2755, or section 
2757 of this Article.  
 
(b) A component manufacturer must apply in writing to the Executive Officer for a 
component claimed under subsection (a).  The application shall include the supporting documentation that quantifies the emissions or performance from at least five  production samples of the component  intended for installation on small 
off-road engines, including the test methods used to generate the data.  If the 
test methods are not as prescribed in this article the test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures.  All information, including proprietary data submitted by a manufacturer pursuant to this section, shall be handled in accordance with the procedures specified in title 17, California Code of Regulations, sections 91000- 91022.  
 (c)  Within 30 days of receipt of the application, the Ex ecutive Officer shall determine 
whether an application is complete.  
 
(d) Within 90 days after an application has been deemed complete, the Executive Officer will approve/disapprove the component.  If approved, an Executive Order will be issued for the comp onent  for a period of four years .  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.  The Executive Officer will notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that the component will meet the 
performance design standards in subsection (a).  
 (e)  If the Evaporative Emission  Performance and Design Standards  in (reference
 
section 2754, 2755, or 2757 ) or test procedures  are amended for a product 
category, all “approvals” granted for components in the product category, except as provided in subsection (f), have no force and effect as of the effective date of the amended standards  or the date testing must be conducted according to the  
53 
 amended test procedures , as specified in CP -901 or CP -902 unless the 
applicable component requirements are not amended . 
 (f) If the Executive Officer determines that a com ponent for which an “approval” has 
been granted no longer meets the performance
design standards specified in 
subsection (a), the Executive Officer may deny, suspend or revoke the Executive 
Order following provisions of pursuant to sSection 2770 of this Arti cle. 
 
(g) Certification of a fuel line or fuel tank  may be renewed prior to the end of the four-
year certification period if no changes to the component have been made that 
could affect it s evaporative emissions .  A Holder must submit a declaration 
signed by an authorized representative stating  that no changes  have been made 
that could affect the component’s evaporative emissions as part of a request  for 
certification renewal.  The signed declaration shall also state that the certification 
test data  originally submitted to ARB still represent the model of the component 
with the highest permeation rate relative to the permeation emission standar d. 
 
(h) Certification of a carbon canister may be renewed prior to the end of the four -
year certification period if no changes to the carbon canister have been made 
that could affect its butane working capacity.  A Holder must submit a declaration 
signed by an authorized representative stating that no changes have been made 
that could affect the butane working c apacity of the carbon canister as part of a 
request for certification renewal.  The signed declaration shall also state that the 
certification test data originally submitted to ARB still represent the butane 
working capacity of the carbon canister.  
 
NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  
Reference:  Section 43013, Health and Safety Code.  
§2768.  Variances.  
 (a) Any manufacturer of small off -road engines or equipment that use small off -road 
engines  or fuel tanks
 subject to this Article that cannot meet the requirements set 
forth in sections 2754 through 2757 of this Article, due to extraordinary reasons beyond the manufacturer’s reasonable control, may apply in writing for a variance.  The variance application must s et forth:  
 
(1) The provisions of the regulations for which a variance is sought;  
 (2) the specific grounds upon which the variance is sought;  
 (3) the proposed date(s) by which compliance will be achieved; and  
 (4) a compliance plan detailing the method(s ) that will achieve compliance.  
  
54 
 (b) Within 75 calendar days of receipt of a variance application containing the information required in subsection (a), the Executive Officer or his nominee shall hold a public hearing to determine whether, under what condi tions, and to what 
extent , a variance is necessary and should be allowed.  Notice of the time and 
place of the hearing must be sent to the applicant by certified mail not less than 30 days before to 
the hearing. Notice of the hearing must also be submitted for 
publication in the California Regulatory Notice Register and sent to every person who requests such a notice, not less than 30 days before the hearing. The notice must state that the parties may, but 
not need are not required to, be, represented 
by counsel at the hearing.  At least 30 days before the hearing, the variance application must be made available to the public for inspection. Interested members of the public must be allowed a reasonable opportunity to testify at the hearing and their testimony  must be considered.  
 (c) No variance may be granted unless all of the following findings are made:  
 
(1) that, due to reasons beyond the reasonable control of the applicant, compliance would result in extraordinary economic hardship;  
 (2) that the public  interest in mitigating the extraordinary hardship to the 
applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance;  
 (3) that the compliance plan pr oposed by the applicant can reasonably be 
implemented, and will achieve compliance as expeditiously as possible; and 
 (4) that the applicant has mitigated the noncompliance to the maximum extent feasible.  
 
(d) Any variance order shall specify a final date by which compliance will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Offic er, in consideration of the testimony received at the 
hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code.  
 
(e) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance.  
 (f) Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from requirements of sections 2753 2754 through 2756
2757 or section 2759 after holding a public hearing in 
accordance with the provisions of subsection (b).  
  
55 
 (g) A variance shall not  be granted for more than one full model year after the year 
such variance is granted.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2769.  Inspection.  
 
The Executive Officer, or an authorized representative of the Execut ive Officer, may 
periodically inspect any facility of a 
Holder s, manufacturers of equipment, 
manufacturers of engines, or manufacturers of evaporative emission control 
components, technology, or systems subject to this Article as deemed necessary to ensure compliance with these regulations.  Failure of a Holder , manufacturer, 
distributor, or retailer or other person subject to this Article to allow access for inspection purposes shall be grounds for suspension or revocation of an Executive Order of Certific ation.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2770.  Denial, Suspension or Revocation of Certification.  
 (a) The Executive Officer for just cause may deny, suspend or revoke an Executive Order of Certification in any of the following circumstances:  
 
(1) An applicant or Holder  has materially misrepresented the meaning, 
findings, effect or any other material aspect of the certification application, including submit ting false or incomplete information in its application for 
certification regardless of the applicant’s personal knowledge of the falsity or incompleteness of the information ;
. 
 (2) An applicant or Holder  that uses a label other than the approved label on 
any engine or equipment, or the label used otherwise fails to comply with the requirements of this Article.  
 (3) An applicant or Holder  may be denied certification or be subject to a 
suspension or revocation action pursuant to this section based upon the actions of an agent, employee, licensee, or other authorized 
representative.  
 
(4) Pursuant to sections 2754.1(b)(10) and (11) , 2765(c),  and 2769 above.  
 
(5) A Holder  does not meet the bond requirements of section 27 74. 
 
(b) The Executive Officer shall notify the applicant or Holder  by certified mail of any 
action taken by the Executive Officer to deny, suspend or revoke any certification  
56 
 granted under this Article.  The notice shall set forth the reasons for and evidence supporting the action(s) taken.  A suspension or revocation is effective upon receipt of the notification.  
 (c) A Holder  may request that the suspension or revocation be stayed pending a 
hearing under section 2771.  In determining whether to grant the stay, the 
Executive Officer shall consider the harm the Holder  will likely suffer if the stay is 
not granted.  The Executive Officer shall deny the stay if the adverse effects of 
the stay on the public health, safety, and welfare outweigh the harm to the Holder  
if the stay is not granted.  
 (d) Once an Executive Order of Certification has been suspended pursuant to (a) 
above, the Holder  must satisfy and correct all noted reasons for the suspension 
and submit a written report to the Executive Officer advising him or her of all such 
steps taken by the Holder  before the Executive Officer will consider reinstating 
the Executive Order of Certification.  
 
(e) Nothing in this section shall prohibit the Executive Officer from taking any other action provided for by law for vi olations of the Health and Safety Code.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2771.  Appeals.  
 
(a) Any person whose application for  an Executive Order of Certi fication has been 
denied, or whose certification has been suspended or revoked,  may request a 
hearing to review the action as provided herein.  Any such request shall be made within 
fifteen working twenty  days of the date the action for which review is soug ht 
became final.  
 (a
b) Hearing Procedure.  
  Except as provided for in subsection ( b
c) below, any appeal pursuant to this 
section shall be conducted in accordance with the Administrative Hearing 
Procedures for Petitions for Review of Executive Officer Decisions, title 17, 
California Code of Regulations, Division 3. Chapter 1 Article 2, commencing with section 60055.1.  
 (b
c) Review by written submission.  
 
(1) In lieu of the hearing procedure set forth in ( ab) above, a manufacturer  
Holder  may request that  a review of the Executive Officer ’s decision be 
conducted by a hearing officer solely by written submission.  
  
57 
 (2) A manufacturer  Holder  may request a review of the Executive Officer ’s 
decision to deny, suspend or revoke a certification no later than 20 days from the date of issuance of the notice of the denial, suspension, or revocation.  Such request shall include, at a minimum, the following:  
 
(A) name of the  manufacturer  Holder , the name, address and 
telephone number of the person representing the  manufacturer  
Holder  and a statement signed by a senior officer of the  
manufacturer  Holder  warranting that the representative has full 
authority to bind the  manufacturer  Holder  as to all matters 
regarding the appeal;  
 
(B) copy of the Executive Order granti ng certification, if any,  and the 
written notification of denial , suspension, or revocation;  
 (C) 
a statement of facts and explanation of the issues to be raised 
setting forth the basis for challenging the denial, suspension, or 
revocation (conclusory allegations will not suffice) together with all 
documents relevant to those issues A statement of the objections to 
the decision upon which review is requested; a verified statement of 
the facts, data and other relevant evidence in support of the 
objections ; a demand for the specific relief the petitioner seeks; a 
short, concise statement of legal argument, with citation to 
authorities, in support of the objections and the relief requested. 
The verification may be made on information and belief ; and  
 (D) the signature of the representative named in (A) above.  
 
(3) Upon receipt  by the Clerk of the Board  of a request for review, the request 
shall be referred to the administrative hearing office of the state board for assignment of a hearing officer.  
 
(4) Within  15 days of appointment of a hearing officer ARB staff shall file with 
the Clerk of the Board and serve on the petitioner submit  a written 
response to the manufacturer’s Holder ’s submission and documents  in 
support of the Executive Officer's action  no later than 10 days after receipt 
of the manufacturer’s submission; . 
 (5) Wwithin 7 days of receipt of the ARB response, the  manufacturer
 Holder  
may submit one rebuttal statement which that shall be limited to the issues 
raised in the ARB rebuttal ;. 
 (6) Iif the manufacturer
 Holder  submits a rebuttal, ARB staff may, within 7 
days of receipt of the  manufacturer’s  Holder ’s rebuttal, submit one rebuttal 
statement which that shall be limited to the issues raised in the  
manufacturer’s  Holder ’s rebuttal ; and .  
58 
  (7) Tt
he hearing officer shall receive all statements and documents and 
render a written decision.  The hearing officer's decision shall be mailed to the
 manufacturer  Holder  no later than 60 working days after the final 
deadline for submission of papers.  
 
NOTE:  Au thority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  
Reference:  Section 43013, Health and Safety Code.  
§2772.  Penalties.  
 
In addition to suspension or revocation of an Executive Order of Certification as 
provided in this Article, the Executive Officer may seek civil or criminal penalties as 
provided for by law and/or such equitable relief deemed appropriate by the Executive Officer for any violation of these regulations.  Such penalties shall apply on a per engine,  or 
equipment unit , or evaporative component  basis.  Each day in which there is 
a violation shall be a separate violation.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
§2773.  Severability.  
 Each part of this a Article is severable, and in the event that any part of this a
Article is 
held to be invalid, the remainder of this aArticle remains in full force and effect.  
 NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  Reference:  Section 43013, Health and Safety Code.  
 
§2774. Bond Requirements.  
 
(a) This section generally applies to Holder s. It also applies to importers that do not 
certify evaporative emission control systems as described in sub section  (j) of this 
section.  Before introducing certified engines into California commerce, a Holder  
shall post a bond to cover any potential compliance or enforcement actions under 
this Article  with respect to evaporative emission control systems  certifi ed under 
this Article  unless the Holder  demonstrates in an  application for certification that 
the Holder  is able to meet any potential compliance-  or enforcement -related 
obligations, as described in this section. A Holder  may also need to post bond 
under t his section to meet  warranty obligations under section 2760 .  Any bond 
posted to meet the requirements of this section shall be obligated to the 
California Air Resources Board.  
 
(b) The bond requirements apply if the Holder  does not have long -term assets in the 
United States meeting either  of the following thresholds:   
59 
  
(1) A threshold of $3 million applies if the Holder  has held an Executive Order 
of Certification  in each of the preceding ten years without failing a 
compliance test under section 2765 or having been found by the 
Executive Officer  to be out of compliance  with any requirement of this 
Article . 
 
(2) A threshold of $10 million applies if the Holder  does  not qualify for the 
smaller bond threshold in subsection  (b)(1) of this section.  
 
(c) For the purpose of establishing the Holder ’s level of long -term assets under 
subsection (b) of this section, the Holder must include the values from the 
Holder ’s most recent balance sheet for buildings, land, and fixed equipment, but 
subtract depreciation and related long -term liabilit ies (such as a mortgage). If the 
Holder  has sufficient long- term assets to avoid bond payments under this 
section , the Holder  must identify the location of these assets in an application for 
certification.  
 
(d) Determine the value of the bond as follows:  
 
(1) Calculate a value based on the per -engine bond value of $500 and on the 
projected California -directed production volume from each displacement 
grouping for the model year. For example, if the Holder  has projected a 
California -directed production volume of 2,000 engines in 2018,  the 
calculated bond amount is $ 1,000,000. If the calculated value is less than 
$500,000, the appropriate bond amount is $500,000. If the calculated 
value exceeds the applicable thr eshold value specified in subsection  (b) of 
this section, use the applicable threshold value as the appropriate value of 
the bond. These values may be adjusted as described in subsections 
(d)(2) and (3) of this section. A Holder  may generally change the  projected 
California -directed production volume under CP-901 or CP -902 during the 
model year; however, a Holder  may not decrease the bond based on new 
projected California -directed production volumes once the Holder  has 
imported or otherwise introduced into California  commerce any engine 
from that model year.  
 
(2) If a Holder ’s or importer’s  estimated or actual California -directed 
production volume increases beyond the level appropriate for that Holder ’s 
or importer’s current bond payment, the Holder  must post additional bond 
to reflect the increased volume within 90 days after the Holder  changes 
the estimate or determines the actual production volume. A Holder  may 
not decrease the bond in a given year, but  may calculate a lower bond 
value in a later year based on the highest actual California -directed 
production volumes from the preceding three years.  
  
60 
 (3) The minimum bond value is $25,000 instead of $500,000 for a Holder  with 
production volume of fewer than 1000  engines or equipment units  who 
has h eld an Executive Order  in each of the preceding five years without 
failing a compliance test under section 2765 or having been found by the 
Executive Officer to be out of compliance with any requirement of this 
Article.  
 
(e) The thresholds  identified in subsection (b) of this section and the bond values 
identified in subsection  (d) of this section are in 20 16 dollars. These values  shall 
be adjusted for 2020 and later, and every 10 years after that, by considering the 
current Consumer Price Index values published by the Bureau of Labor Statistics 
relative to 20 16. These values shall be round ed for thresholds and total bond 
obligations as follows:  
 
(1) Round calculated values at or below $125,000 to the nearest $5,000.  
 
(2) Round calculated values above $125,000 and at or below $2.25 million to 
the nearest $50,000.  
 
(3) Round calculated values above $2.25 million to the nearest $500,000.  
 
(f) If a Holder  is required to post a bond under this section, the Holder  shall get the 
bond from a third- party surety  that is cited in the U.S. Department of Treasury 
Circular 570, “Companies Holding Certificates of Authority as Acceptable 
Sureties on Federal Bonds and as Acceptable Reinsuring Companies” 
(http://www.fms.treas.gov/c570/c570.html#certified). A Holder  shall maintain this 
bond for every year in which the Holder  sells certified engines. The surety agent 
remains responsible for obligations under the bond for two years after the bond is 
cancelled or expires without being replaced.  
 
(g) If a Holder  forfeit s some or all of a  bond in an enforcement action, the Holder  
must post any appropriate bond for continuing sale within 90 days after forfeit ing 
the bond amount.  
 
(h) A Holder  will forfeit the proceeds of the bond posted under this section if the 
Holder  needs to satisfy any California  administrative settlement agreement, 
administrative final order, or judicial judgment against the Holder  arising from a  
violation of this Article , or violation of any other applicable provisions of the 
California Clean Air Act.  
 
(i) If a Holder  is required to post a bond under this section, the Holder  shall note that 
in an application for certification as described in CP -901 or CP -902. Certification 
is conditioned on a Holder ’s compliance with this section. All Executive Orders 
held by a Holder  shall be  suspended if the Holder  fails to comply with the 
requirements of this section. The Executive Officer m ay also revoke a Holder ’s 
Executive Orders if the Holder  does not meet the requirements of this section .  
61 
  
(j) The following provisions apply to  import ers of  engines  or equipment  for resale 
when the importer is not also the Holder : 
 
(1) The importer  and the Holder  are each responsible for compliance with the 
requirements of this Article . For example, the Executi ve Officer  may 
require the importer to comply with the warranty requirements in section 
2760.  
 
(2) The importer  does  not need to post bond if the importer  or the Holder  
complies with the bond requirements in  this section. The importer  also 
does  not need to post bond if the Holder  complies with the asset 
requirements of this section and the warranty requirements in section 
2760.  
 
NOTE:  Authority cited:  Sections 39600, 39601 and 43013, Health and Safety Code.  
Reference:  Section 43013, Health and Safety Code.