FINAL REGULATION ORDER, PART 2 (continued) 

Adopt the incorporated “California Exhaust and Evaporative Emission Standards and 

Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition Engines (Test 

Procedures 1065 and 1068),” to read: 
State of California 

AIR RESOURCES BOARD 

CALIFORNIA EXHAUST AND EVAPORATIVE EMISSION STANDARDS 

AND TEST PROCEDURES FOR NEW 2007 AND LATER 

OFF-ROAD LARGE SPARK-IGNITION ENGINES

(TEST PROCEDURES 1065 AND 1068) 

Adopted: March 2, 2007 

NOTE: This document incorporates by reference 40 Code of Federal Regulations 

(CFR) Part 1065 – Engine-Testing Procedures, Subparts A, B, C, D, E, F, G, H, 

I, J, and K, as amended July 13, 2005, 40 CFR Part 1068, Subparts A, B, C, D, 

E, F, and G, including Appendix A to Subpart E and Appendix I and II to part 

1068, as amended July 13, 2005, and the internally referenced subparts of 

40 CFR Part 85, 40 CFR Part 86, and 40 CFR Part 1048. Sections that have 

been included in their entirety are set forth with the section number and title. 

California provisions that replace specific federal language provisions are 

denoted by the words “DELETE” for the federal language and “REPLACE 

WITH” or “ADD” for the California language. The symbols “* * * * *” and 

“...” mean that the remainder of the CFR text for a specific section is not shown 

in these procedures but has been incorporated by reference, with only the 

printed text changed. CFR sections that are not listed are not part of the test 

procedures. If there is any conflict between the provisions of this document 

and the California Health and Safety Code, Division 26, or Title 13 of the 

California Code of Regulations (CCR), the Health and Safety Code and Title 13 

apply. 

 This document is all newly adopted text. 
-iTable of Contents 

PART 1065 – ENGINE-TESTING PROCEDURES ......................................................... 1

Subpart A – Applicability and General Provisions ........................................................... 1

§ 1065.1 Applicability....................................................................................... 1

§ 1065.2 Submitting information to ARB under this part.................................. 1

§ 1065.5 Overview of this part 1065 and its relationship to the standard-setting 

part. ................................................................................................... 1

§ 1065.10 Other procedures.............................................................................. 1

§ 1065.12 Approval of alternate procedures...................................................... 2

§ 1065.15 Overview of procedures for laboratory and field testing.................... 2

§ 1065.20 Units of measure and overview of calculations................................. 2

§ 1065.25 Recordkeeping.................................................................................. 2

Subpart B – Equipment Specifications ............................................................................ 2

§ 1065.101 Overview............................................................................................ 2

§ 1065.110 Work inputs and outputs, accessory work, and operator demand. .... 2

§ 1065.120 Fuel properties and fuel temperature and pressure........................... 2

§ 1065.122 Engine cooling and lubrication........................................................... 2

§ 1065.125 Engine intake air. ............................................................................... 2

§ 1065.127 Exhaust gas recirculation................................................................... 2

§ 1065.130 Engine exhaust.................................................................................. 3

§ 1065.140 Dilution for gaseous and PM constituents.......................................... 3

§ 1065.145 Gaseous and PM probes, transfer lines, and sampling system 

components. ...................................................................................... 3

§ 1065.150 Continuous sampling. ........................................................................ 3

§ 1065.170 Batch sampling for gaseous and PM constituents. ............................ 3

§ 1065.190 PM-stabilization and weighing environments for gravimetric analysis.

........................................................................................................... 3

§ 1065.195 PM-stabilization environment for in-situ analyzers............................. 3

Subpart C – Measurement Instruments........................................................................... 3

§ 1065.201 Overview and general provisions....................................................... 3

§ 1065.202 Data updating, recording, and control................................................ 3

§ 1065.205 Performance specifications for measurement instruments. ............... 3

Measurement of Engine Parameters and Ambient Conditions ................................. 4

§ 1065.210 Work input and output sensors. ......................................................... 4

§ 1065.215 Pressure transducers, temperature sensors, and dewpoint sensors. 4

Flow-Related Measurements.................................................................................... 4

§ 1065.225 Intake-air flow meter. ......................................................................... 4

§ 1065.230 Raw exhaust flow meter..................................................................... 4

§ 1065.240 Dilution air and diluted exhaust flow meters....................................... 4

§ 1065.245 Sample flow meter for batch sampling............................................... 4
-ii- 

§ 1065.248 Gas divider......................................................................................... 4

CO and CO2 Measurements..................................................................................... 4

§ 1065.250 Nondispersive infra-red analyzer. ...................................................... 4

Hydrocarbon Measurements .................................................................................... 5

§ 1065.260 Flame-ionization detector................................................................... 5

§ 1065.265 Nonmethane cutter. ........................................................................... 5

§ 1065.267 Gas chromatograph. .......................................................................... 5

NOx Measurements .................................................................................................. 5

§ 1065.270 Chemiluminescent detector. .............................................................. 5

§ 1065.272 Nondispersive ultraviolet analyzer. .................................................... 5

O2 Measurements..................................................................................................... 5

§ 1065.280 Paramagnetic and magnetopneumatic O2 detection analyzers. ........ 5

Air-to-Fuel Ratio Measurements............................................................................... 5

§ 1065.284 Zirconia (ZrO2) analyzer..................................................................... 5

PM Measurements ................................................................................................... 5

§ 1065.290 PM gravimetric balance. .................................................................... 5

§ 1065.295 PM inertial balance for field testing analysis. ..................................... 5

Subpart D –Calibrations and Verifications....................................................................... 6

§ 1065.301 Overview and general provisions....................................................... 6

§ 1065.303 Summary of required calibration and verifications. ............................ 6

§ 1065.305 Verifications for accuracy, repeatability, and noise............................ 6

§ 1065.307 Linearity verification. .......................................................................... 6

§ 1065.308 Continuous gas analyzer system-response and updating-recording 

verification.......................................................................................... 6

§ 1065.309 Continuous gas analyzer uniform response verification..................... 6

Measurement of Engine Parameters and Ambient Conditions ................................. 6

§ 1065.310 Torque calibration. ............................................................................. 6

§ 1065.315 Pressure, temperature, and dewpoint calibration............................... 6

Flow-Related Measurements.................................................................................... 6

§ 1065.320 Fuel-flow calibration........................................................................... 6

§ 1065.325 Intake-flow calibration. ....................................................................... 7

§ 1065.330 Exhaust-flow calibration..................................................................... 7

§ 1065.340 Diluted exhaust flow (CVS) calibration............................................... 7

§ 1065.341 CVS and batch sampler verification (propane check). ....................... 7

§ 1065.345 Vacuum-side leak verification. ........................................................... 7

CO and CO2 Measurements..................................................................................... 7

§ 1065.350 H2O interference verification for CO2 NDIR analyzers. ...................... 7

§ 1065.355 H2O and CO2 interference verification for CO NDIR analyzers.......... 7

Hydrocarbon Measurements .................................................................................... 7

§ 1065.360 FID optimization and verification........................................................ 7

§ 1065.362 Non-stoichiometric raw exhaust FID O2 interference verification. ...... 7

§ 1065.365 Nonmethane cutter penetration fractions........................................... 7

NOx Measurements .................................................................................................. 8

§ 1065.370 CLD CO2 and H2O quench verification. ............................................. 8
-iii- 

§ 1065.372 NDUV analyzer HC and H2O interference verification. ...................... 8

§ 1065.376 Chiller NO2 penetration...................................................................... 8

§ 1065.378 NO2-to-NO converter conversion verification..................................... 8

PM Measurements ................................................................................................... 8

§ 1065.390 PM balance verifications and weighing process verification. ............. 8

§ 1065.395 Inertial PM balance verifications. ....................................................... 8

Subpart E – Engine Selection, Preparation, and Maintenance........................................ 8

§ 1065.401 Test engine selection......................................................................... 8

§ 1065.405 Test engine preparation and maintenance......................................... 9

§ 1065.410 Maintenance limits for stabilized test engines.................................... 9

§ 1065.415 Durability demonstration. ................................................................... 9

Subpart F –Performing an Emission Test in the Laboratory.......................................... 10

§ 1065.501 Overview.......................................................................................... 10

§ 1065.510 Engine mapping............................................................................... 10

§ 1065.512 Duty cycle generation. ..................................................................... 10

§ 1065.514 Cycle-validation criteria.................................................................... 10

§ 1065.520 Pre-test verification procedures and pre-test data collection. .......... 10

§ 1065.525 Engine starting, restarting, and shutdown........................................ 11

§ 1065.530 Emission test sequence................................................................... 11

§ 1065.545 Validation of proportional flow control for batch sampling................ 11

§ 1065.550 Gas analyzer range validation, drift validation, and drift correction.. 11

§ 1065.590 PM sample preconditioning and tare weighing. ............................... 11

§ 1065.595 PM sample post-conditioning and total weighing............................. 11

Subpart G –Calculations and Data Requirements......................................................... 11

§ 1065.601 Overview.......................................................................................... 11

§ 1065.602 Statistics. ......................................................................................... 11

§ 1065.610 Duty cycle generation. ..................................................................... 11

§ 1065.630 1980 international gravity formula.................................................... 11

§ 1065.640 Flow meter calibration calculations. ................................................. 12

§ 1065.642 SSV, CFV, and PDP molar flow rate calculations............................ 12

§ 1065.645 Amount of water in an ideal gas....................................................... 12

§ 1065.650 Emission calculations. ..................................................................... 12

§ 1065.655 Chemical balances of fuel, intake air, and exhaust.......................... 12

§ 1065.659 Removed water correction............................................................... 12

§ 1065.660 THC and NMHC determination........................................................ 12

§ 1065.665 THCE and NMHCE determination. .................................................. 12

§ 1065.667 Dilution air background emission correction. ................................... 12

§ 1065.670 NOx intake-air humidity and temperature corrections. ..................... 12

§ 1065.672 Drift correction. ................................................................................ 12

§ 1065.675 CLD quench verification calculations. .............................................. 13

§ 1065.690 Buoyancy correction for PM sample media...................................... 13

§ 1065.695 Data requirements. .......................................................................... 13
-ivSubpart H –Engine Fluids, Test Fuels, Analytical Gases and Other Calibration 

Standards ........................................................................................................ 13

§ 1065.701 General requirements for test fuels.................................................. 13

§ 1065.703 Distillate diesel fuel. ......................................................................... 14

§ 1065.705 Residual fuel [Reserved].................................................................. 14

§ 1065.710 Gasoline........................................................................................... 14

§ 1065.715 Natural gas. ..................................................................................... 14

§ 1065.720 Liquefied petroleum gas................................................................... 14

§ 1065.740 Lubricants. ....................................................................................... 14

§ 1065.745 Coolants........................................................................................... 14

§ 1065.750 Analytical gases............................................................................... 14

§ 1065.790 Mass standards. .............................................................................. 14

Subpart I – Testing with Oxygenated Fuels................................................................... 15

§ 1065.801 Applicability...................................................................................... 15

§ 1065.805 Sampling system. ............................................................................ 15

§ 1065.845 Response factor determination........................................................ 15

§ 1065.850 Calculations. .................................................................................... 15

Subpart J – Field Testing and Portable Emission Measurement Systems .................... 15

Subpart K – Definitions and Other Reference Information ............................................ 15

§ 1065.1001 Definitions........................................................................................ 15

§ 1065.1005 Symbols, abbreviations, acronyms, and units of measure............... 18

§ 1065.1010 Reference materials......................................................................... 18

PART 1068 – GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS19

Subpart A – Applicability and Miscellaneous Provisions ............................................... 19

§ 1068.1 Does this part apply to me? ............................................................ 19

§ 1068.5 How must manufacturers apply good engineering judgment? ........ 19

§ 1068.10 What provisions apply to confidential information?......................... 19

§ 1068.15 Who is authorized to represent the Air Resources Board? ............. 19

§ 1068.20 May ARB enter my facilities for inspections?.................................. 19

§ 1068.25 What information must I give to ARB? ............................................ 21

§ 1068.27 May ARB conduct testing with my production engines? ................. 22

§ 1068.30 What definitions apply to this part? ................................................. 22

§ 1068.35 What symbols, acronyms, and abbreviations does this part use? .. 24

Subpart B – Prohibited Actions and Related Requirements.......................................... 25

§ 1068.101 What general actions does this regulation prohibit? ........................ 25

§ 1068.105 What other provisions apply to me specifically if I manufacture 

equipment needing certified engines? ............................................. 27

§ 1068.110 What other provisions apply to engines in service? ......................... 27

§ 1068.115 When must manufacturers honor emission-related warranty claims?
-v- 

......................................................................................................... 28

§ 1068.120 What requirements must I follow to rebuild engines? ...................... 28

§ 1068.125 What happens if I violate the regulations? ....................................... 28

Subpart C – Exemptions and Exclusions ...................................................................... 28

§ 1068.201 Does ARB exempt or exclude any engines from the prohibited acts?

......................................................................................................... 28

§ 1068.210 What are the provisions for exempting test engines? ...................... 29

§ 1068.215 What are the provisions for exempting manufacturer-owned engines?

......................................................................................................... 29

§ 1068.220 What are the provisions for exempting display engines?................. 29

§ 1068.225 What are the provisions for exempting engines for national security?

......................................................................................................... 29

§ 1068.230 What are the provisions for exempting engines for export?............. 29

§ 1068.235 What are the provisions for exempting engines used solely for 

competition? .................................................................................... 29

§ 1068.240 What are the provisions for exempting new replacement engines?. 30

§ 1068.245 What temporary provisions address hardship due to unusual 

circumstances?................................................................................ 30

§ 1068.250 What are the provisions for extending compliance deadlines for 

small-volume manufacturers under hardship?................................. 30

§ 1068.255 What are the provisions for exempting engines for hardship for 

equipment manufacturers and secondary engine manufacturers? .. 30

§ 1068.260 What are the provisions for temporarily exempting engines for 

delegated final assembly? ............................................................... 30

§ 1068.265 What provisions apply to engines that are conditionally exempted 

from certification? ............................................................................ 30

Subpart D – Imports ...................................................................................................... 31

§ 1068.301 Does this subpart apply to me? ....................................................... 31

§ 1068.305 How do I get an exemption or exclusion for imported engines?....... 31

§ 1068.310 What are the exclusions for imported engines?............................... 31

§ 1068.315 What are the permanent exemptions for imported engines? ........... 31

§ 1068.320 How must I label an imported engine with a permanent exemption?31

§ 1068.325 What are the temporary exemptions for imported engines? ............ 31

§ 1068.330 How do I import engines requiring further assembly?.............................. 31

§ 1068.335 What are the penalties for violations?.............................................. 32

Subpart E – Selective Enforcement Auditing................................................................. 32

Appendix A to Subpart E of Part 1068-Plans for Selective Enforcement Auditing.. 32

Subpart F – Reporting Defects and Recalling Engines ................................................. 32

Subpart G – Hearings.................................................................................................... 32
-vi- 

§ 1068.601 What are the procedures for hearings? ........................................... 32

Appendix I to Part 1068 – Emission-Related Components............................................ 32

Appendix II to Part 1068 – Emission-Related Parameters and Specifications .............. 33
-1- 

CALIFORNIA EXHAUST AND EVAPORATIVE EMISSION STANDARDS AND TEST 

PROCEDURES FOR NEW 2007 AND LATER OFF-ROAD LARGE SPARK-IGNITION 

ENGINES 

The following provisions of Part 1065, and Part 1068, Title 40, Code of Federal 

Regulations, as proposed by the United States Environmental Protection Agency on the 

date listed, are adopted and incorporated herein by this reference for 2007 model year 

and later off-road large spark-ignition engines as the California Exhaust Emission 

Standards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition 

Engines, except as altered or replaced by the provisions set forth below. 

PART 1065 – ENGINE-TESTING PROCEDURES 

SOURCE: 70 FR 40516, July 13, 2005, unless otherwise noted. 

Subpart A – Applicability and General Provisions 

§ 1065.1 Applicability. 

 * * * * * 

(a)(3) DELETE, 

REPLACE WITH: 

Off-road large spark-ignition engines regulated under Title 13, CCR, Chapter 9, Article 

4.5, and subject to the emission standards in § 2433(b)(1) of that Article. 

 * * * * * 

(g) DELETE. 

§ 1065.2 Submitting information to ARB under this part. 

 * * * * * 

§ 1065.5 Overview of this part 1065 and its relationship to the standard-setting part. 

 * * * * * 

§ 1065.10 Other procedures. 
-2- 

 * * * * * 

§ 1065.12 Approval of alternate procedures. 

* * * * * 

§ 1065.15 Overview of procedures for laboratory and field testing. 

 * * * * * 

§ 1065.20 Units of measure and overview of calculations. 

 * * * * * 

§ 1065.25 Recordkeeping. 

 * * * * * 

Subpart B – Equipment Specifications 

§ 1065.101 Overview. 

 * * * * * 

§ 1065.110 Work inputs and outputs, accessory work, and operator demand. 

 * * * * * 

§ 1065.120 Fuel properties and fuel temperature and pressure. 

 * * * * * 

§ 1065.122 Engine cooling and lubrication. 

 * * * * * 

§ 1065.125 Engine intake air. 

 * * * * * 

§ 1065.127 Exhaust gas recirculation. 

 * * * * * 
-3- 

§ 1065.130 Engine exhaust. 

 * * * * * 

§ 1065.140 Dilution for gaseous and PM constituents. 

 * * * * * 

§ 1065.145 Gaseous and PM probes, transfer lines, and sampling system 

components. 

 * * * * * 

§ 1065.150 Continuous sampling. 

 * * * * * 

§ 1065.170 Batch sampling for gaseous and PM constituents. 

 * * * * * 

§ 1065.190 PM-stabilization and weighing environments for gravimetric analysis. 

 * * * * * 

§ 1065.195 PM-stabilization environment for in-situ analyzers. 

 * * * * * 

Subpart C – Measurement Instruments 

§ 1065.201 Overview and general provisions. 

 * * * * * 

§ 1065.202 Data updating, recording, and control. 

 * * * * * 

§ 1065.205 Performance specifications for measurement instruments. 

 * * * * * 
-4- 

Measurement of Engine Parameters and Ambient Conditions 

§ 1065.210 Work input and output sensors. 

 * * * * * 

§ 1065.215 Pressure transducers, temperature sensors, and dewpoint sensors. 

 * * * * * 

Flow-Related Measurements 

§ 1065.220 Fuel flow meter.

 * * * * * 

§ 1065.225 Intake-air flow meter. 

 * * * * * 

§ 1065.230 Raw exhaust flow meter. 

 * * * * * 

§ 1065.240 Dilution air and diluted exhaust flow meters. 

 * * * * * 

§ 1065.245 Sample flow meter for batch sampling. 

 * * * * * 

§ 1065.248 Gas divider. 

 * * * * * 

CO and CO2 Measurements 

§ 1065.250 Nondispersive infra-red analyzer. 

 * * * * * 
-5- 

Hydrocarbon Measurements 

§ 1065.260 Flame-ionization detector. 

 * * * * * 

§ 1065.265 Nonmethane cutter. 

 * * * * * 

§ 1065.267 Gas chromatograph. 

 * * * * * 

NOx Measurements 

§ 1065.270 Chemiluminescent detector. 

 * * * * * 

§ 1065.272 Nondispersive ultraviolet analyzer. 

 * * * * * 

O2 Measurements 

§ 1065.280 Paramagnetic and magnetopneumatic O2 detection analyzers. 

 * * * * * 

Air-to-Fuel Ratio Measurements 

§ 1065.284 Zirconia (ZrO2) analyzer. 

 * * * * * 

PM Measurements 

§ 1065.290 PM gravimetric balance. 

 * * * * * 

§ 1065.295 PM inertial balance for field testing analysis. 
-6- 

 * * * * * 

Subpart D –Calibrations and Verifications 

§ 1065.301 Overview and general provisions. 

 * * * * * 

§ 1065.303 Summary of required calibration and verifications. 

 * * * * * 

§ 1065.305 Verifications for accuracy, repeatability, and noise. 

 * * * * * 

§ 1065.307 Linearity verification. 

 * * * * * 

§ 1065.308 Continuous gas analyzer system-response and updating-recording 

verification. 

 * * * * * 

§ 1065.309 Continuous gas analyzer uniform response verification. 

 * * * * * 

Measurement of Engine Parameters and Ambient Conditions 

§ 1065.310 Torque calibration. 

 * * * * * 

§ 1065.315 Pressure, temperature, and dewpoint calibration. 

 * * * * * 

Flow-Related Measurements 

§ 1065.320 Fuel-flow calibration. 
-7- 

 * * * * * 

§ 1065.325 Intake-flow calibration. 

 * * * * * 

§ 1065.330 Exhaust-flow calibration. 

 * * * * * 

§ 1065.340 Diluted exhaust flow (CVS) calibration. 

 * * * * * 

§ 1065.341 CVS and batch sampler verification (propane check). 

 * * * * * 

§ 1065.345 Vacuum-side leak verification. 

 * * * * * 

CO and CO2 Measurements 

§ 1065.350 H2O interference verification for CO2 NDIR analyzers. 

 * * * * * 

§ 1065.355 H2O and CO2 interference verification for CO NDIR analyzers. 

 * * * * * 

Hydrocarbon Measurements 

§ 1065.360 FID optimization and verification. 

 * * * * * 

§ 1065.362 Non-stoichiometric raw exhaust FID O2 interference verification. 

 * * * * * 

§ 1065.365 Nonmethane cutter penetration fractions.
-8- 

 * * * * * 

NOx Measurements 

§ 1065.370 CLD CO2 and H2O quench verification. 

 * * * * * 

§ 1065.372 NDUV analyzer HC and H2O interference verification. 

 * * * * * 

§ 1065.376 Chiller NO2 penetration. 

 * * * * * 

§ 1065.378 NO2-to-NO converter conversion verification. 

 * * * * * 

PM Measurements 

§ 1065.390 PM balance verifications and weighing process verification. 

 * * * * * 

§ 1065.395 Inertial PM balance verifications. 

 * * * * * 

Subpart E – Engine Selection, Preparation, and Maintenance 

§ 1065.401 Test engine selection. 

 * * * * * 

ADD: 

(c) Emission-data engines. 

(1) Engines will be chosen to be run for emission data based upon engine family 

groups. Within each engine family group, the requirements of this paragraph must be 

met. 

(2) Engines of each engine family group will be divided into groups based upon their 

exhaust emission control systems. One engine of each system combination shall be 
-9- 

run for gaseous emission data. The complete gaseous emission test must be 

conducted. Within each combination, the engine that features the highest horsepower, 

primarily at or near the rated speed, will usually be selected. The engine manufacturer 

may elect to test the worst-case emissions engine within each combination with prior 

approval from the Executive Officer. The engine with the highest horsepower will 

usually be selected. For engine families that contain multiple fuel systems, the engine 

manufacturer shall conduct separate individual gaseous emission test based on the 

worst-case emissions configuration for each different fuel system within the engine 

family’s engine configuration. 

(3) The Executive Officer may select a maximum of one additional engine within each 

engine-system combination based upon features indicating that it may have the highest 

emission levels of the engines of that combination. In selecting this engine, the 

Executive Officer will consider such features as the injection system, fuel system, 

engine control system, rated speed, rated horsepower, peak torque speed, and peak 

torque. 

(4) Within an engine family control system combination, the manufacturer may alter any 

emission-data engine (or other engine including current or previous model year 

emission-data engines and development engines provided they meet the emission-data 

engines’ protocol) to represent more than one selection under paragraph (c)(2) and (3) 

of this section. 

(d) In lieu of testing an emission-data engine selected under paragraph (c) of this 

section, and submitting data therefore, a manufacturer may, with the prior written 

approval of the Executive Officer, submit exhaust emission data as applicable on a 

similar engine, for which certification has previously been obtained or for which all 

applicable data required under certification application has previously been submitted. 

(e) Durability-data Engine 

(1) The engine manufacturer shall select the engine configuration that best represents 

the entire engine family or groups of engine families to demonstrate engine and 

emission durability. The duration of the engine durability demonstration for the purpose 

of generating deterioration factors for the emission calculation shall be equivalent to the 

emissions durability period as defined in these Test Procedures. 

§ 1065.405 Test engine preparation and maintenance.

 * * * * * 

§ 1065.410 Maintenance limits for stabilized test engines. 

 * * * * * 

§ 1065.415 Durability demonstration. 

 * * * * * 
-10- 

ADD: 

(c) (1) The engine manufacturer shall use good engineering practice to determine 

engine and emission durability. 

 (2) The engine manufacturer shall provide the Executive Officer with a written plan 

of the method used to determine engine and emission durability. The Executive Officer 

shall approve the plan if it demonstrates, according to good engineering judgement, the 

development of reasonable deterioration factors. The engine manufacturer shall not 

proceed with testing until the Executive Officer has approved the plan. 

 (3) In the absence of a manufacturer’s specific service accumulation cycle, engine 

durability demonstration shall be conducted using multiple runs of the applicable duty 

cycles described in Sections 1048.505 and 1048.510 of Part 1048. The engine 

manufacturer may request, with the advanced approval of the Executive Officer, to 

reduce the total amount of service accumulation hours for any durability / service 

accumulation engine. The engine manufacturer may make such request only after an 

engine has accumulated at a minimum one half of the engine’s defined useful life 

period. The Executive Officer shall base such approval on engine’s durableness, 

maintenance events, emission test results, and the stability of engine out emissions. 

(d) Regardless of which service accumulation cycle is used for generating the 

deterioration factors for emissions certification, the Executive Officer shall accept the 

manufacturer’s deterioration factors for certification the first year; but, may deny the use 

of the manufacturer’s deterioration factors for subsequent certification based on 

incorrect or inaccurate representativeness of actual in-use emissions test results. 

Subpart F –Performing an Emission Test in the Laboratory 

§ 1065.501 Overview. 

 * * * * * 

§ 1065.510 Engine mapping. 

 * * * * * 

§ 1065.512 Duty cycle generation. 

 * * * * * 

§ 1065.514 Cycle-validation criteria. 

 * * * * * 

§ 1065.520 Pre-test verification procedures and pre-test data collection. 

 * * * * * 
-11- 

§ 1065.525 Engine starting, restarting, and shutdown. 

 * * * * * 

§ 1065.530 Emission test sequence. 

 * * * * * 

§ 1065.545 Validation of proportional flow control for batch sampling. 

 * * * * * 

§ 1065.550 Gas analyzer range validation, drift validation, and drift correction. 

 * * * * * 

§ 1065.590 PM sample preconditioning and tare weighing. 

 * * * * * 

§ 1065.595 PM sample post-conditioning and total weighing. 

 * * * * * 

Subpart G –Calculations and Data Requirements 

§ 1065.601 Overview. 

 * * * * * 

§ 1065.602 Statistics. 

 * * * * * 

§ 1065.610 Duty cycle generation. 

 * * * * * 

§ 1065.630 1980 international gravity formula. 

 * * * * * 
-12- 

§ 1065.640 Flow meter calibration calculations. 

 * * * * * 

§ 1065.642 SSV, CFV, and PDP molar flow rate calculations. 

 * * * * * 

§ 1065.645 Amount of water in an ideal gas. 

 * * * * * 

§ 1065.650 Emission calculations. 

 * * * * * 

§ 1065.655 Chemical balances of fuel, intake air, and exhaust. 

 * * * * * 

§ 1065.659 Removed water correction. 

 * * * * * 

§ 1065.660 THC and NMHC determination. 

 * * * * * 

§ 1065.665 THCE and NMHCE determination. 

 * * * * * 

§ 1065.667 Dilution air background emission correction. 

 * * * * * 

§ 1065.670 NOx intake-air humidity and temperature corrections. 

 * * * * * 

§ 1065.672 Drift correction. 

 * * * * * 
-13- 

§ 1065.675 CLD quench verification calculations. 

 * * * * * 

§ 1065.690 Buoyancy correction for PM sample media.

 * * * * * 

§ 1065.695 Data requirements. 

 * * * * * 

Subpart H –Engine Fluids, Test Fuels, Analytical Gases and Other Calibration 

Standards 

§ 1065.701 General requirements for test fuels. 

(a) DELETE, 

REPLACE WITH: 

(a) (1) If the engine is a gasoline-fueled large spark-ignition engine, then the test fuel 

used shall be consistent with the fuel specifications as outlined in the “California 

Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model 

Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” as adopted 

August 5, 1999, and last amended August 4, 2005, and incorporated by reference 

herein. The California fuel specifications are contained in the California Code of 

Regulations, Title 13, Chapter 5, Article 1, Sections 2260-2272. If the engine is tested 

using the U.S. EPA test fuel, consistent with the fuel specifications as outlined in Title 

40 Code of Federal Register, Part 1065, subpart H, the manufacturer shall demonstrate 

that the emission test results complies with these Test Procedures. 

(2) If the engine is not a gasoline-fueled large spark-ignition engine, then the test fuel 

used shall be consistent with the fuel specifications as outlined in the “California 

Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model 

Passenger Cars, Light-Duty Trucks, and Medium- Duty Vehicles,” as adopted August 5, 

1999, and last amended August 4, 2005, and incorporated by reference herein. The 

California fuel specifications are contained in the California Code of Regulations, Title 

13, Chapter 5, Article 3, Sections 2290-2293.5. If the engine is tested using the U.S. 

EPA test fuel, consistent with the fuel specifications as outlined in Title 40 Code of 

Federal Register, Part 1065, subpart H, the manufacturer shall demonstrate that the 

emission test results complies with these Test Procedures. 

(b) DELETE, 

REPLACE WITH: 

With Executive Officer approval, the certifying entity may use other test fuels so long as 
-14- 

they do not affect the demonstration of compliance.

 * * * * * 

§ 1065.703 Distillate diesel fuel. 

 * * * * * 

§ 1065.705 Residual fuel [Reserved]. 

 * * * * * 

§ 1065.710 Gasoline. 

 * * * * * 

§ 1065.715 Natural gas. 

 * * * * * 

§ 1065.720 Liquefied petroleum gas. 

 * * * * * 

§ 1065.740 Lubricants. 

 * * * * * 

ADD: 

(c) During all engine tests, the engine shall employ a lubricating oil consistent with the 

engine manufacturer’s specifications for that particular engine. These specifications 

shall be recorded and declared in the certification application. 

§ 1065.745 Coolants. 

 * * * * * 

§ 1065.750 Analytical gases. 

 * * * * * 

§ 1065.790 Mass standards. 

 * * * * * 
-15- 

Subpart I – Testing with Oxygenated Fuels 

§ 1065.801 Applicability. 

 * * * * * 

§ 1065.805 Sampling system. 

 * * * * * 

§ 1065.845 Response factor determination. 

 * * * * * 

§ 1065.850 Calculations. 

 * * * * * 

Subpart J – Field Testing and Portable Emission Measurement Systems

 * * * * * 

Subpart K – Definitions and Other Reference Information 

§ 1065.1001 Definitions. 

ADD: 

The definitions in 40 CFR 1048.801 and 1068.30, as modified, apply with the following 

revisions. 

ADD: 

40 CFR part 1048 means Part 1048 and applicable subparts contained in these 2007 

and Later Test procedures when referenced in unrevised sections. 

ADD: 

40 CFR part 1065 means Part 1065 and applicable subparts contained in these 2007 

and Later Test procedures when referenced in unrevised sections. 

40 CFR part 1068 means Part 1068 and applicable subparts contained in these 2007 

and Later Test procedures when referenced in unrevised sections. 
-16- 

 * * * * * 

Act DELETE. 

 * * * * * 

ADD: 

Certificate of Conformity means an Executive Order issued in accordance with the 

California Health and Safety Code, Division 26, Part 5. 

Certification DELETE, 

REPLACE WITH: 

Certification means, with respect to new off-road large spark-ignition engines, obtaining 

an executive order for an engine family complying with the off-road spark-ignition engine 

emission standards and requirements specified in the California Code of Regulations, 

Title 13, Chapter 9, Sections 2430-2439. 

 * * * * * 

ADD: 

Clean Air Act or the Act means California Health and Safety Code, Division 26, and 

corresponding regulations, except where the context indicates otherwise. 

 * * * * * 

Designated Compliance Officer DELETE, 

REPLACE WITH: 

Designated Compliance Officer means the Executive Officer of the Air Resources 

Board, or a designee of the Executive Officer. 

 * * * * * 

ADD: 

EPA means Air Resources Board. 

ADD: 

Executive Order means an order issued by the Executive Officer of the Air Resources 

Board certifying engines for sale in California. 

 * * * * * 

Nonroad engine DELETE, 

REPLACE WITH: 
-17- 

Nonroad engine means an off-road engine as defined in this section. 

 * * * * * 

ADD: 

Off-road engine means: 

(1) Except as discussed in paragraph (2) of this definition, any internal combustion 

engine: 

 (i) In or on a piece of equipment that is self-propelled or serves a dual purpose by 

both propelling itself and performing another function (such as garden tractors, offhighway mobile cranes, and bulldozers); or 

 (ii) In or on a piece of equipment that is intended to be propelled while performing 

its function (such as lawnmowers and string trimmers); or 

 (iii) That, by itself or in or on a piece of equipment, is portable or transportable, 

meaning designed to be and capable of being carried or moved from one location to 

another. Indicia of transportability include, but are not limited to, wheels, skids, carrying 

handles, dolly, trailer, or platform. 

(2) An internal combustion engine is not an off-road engine if: 

 (i) The engine is used to propel a vehicle subject to the emissions standards 

contained in Title 13, California Code of Regulations, Sections 1950-1978, or a vehicle 

used solely for competition, or is subject to standards promulgated under section 202 of 

the federal Clean Air Act (42 U.S.C; or 

 (ii) The engine is regulated by a federal New Source Performance Standard 

promulgated under section 111 of the 1990 Clean Air Act (42 U.S.C. 7511); or 

 (iii) The engine otherwise included in paragraph (1)(iii) of this definition remains or 

will remain at a location for more than 12 consecutive months or a shorter period of time 

for an engine located at a seasonal source. A location is any site at a building, 

structure, facility, or installation. Any engine (or engines) that replaces an engine at a 

location and that is intended to perform the same or similar function as the engine 

replaced will be included in calculating the consecutive time period. An engine located 

at a seasonal source is an engine that remains at a seasonal source during the full 

annual operating period of the seasonal source. A seasonal source is a stationary 

source that remains in a single location on a permanent basis (i.e., at least two years) 

and that operates at that single location approximately three months (or more) each 

year. This paragraph does not apply to an engine after the engine is removed from the 

location. 

 * * * * * 

We (us, our) DELETE, 

REPLACE WITH: 

We (us, our) means the Executive Officer of the Air Resources Board or a designee of 

the Executive Officer. 
-18- 

 * * * * * 

§ 1065.1005 Symbols, abbreviations, acronyms, and units of measure. 

 * * * * * 

§ 1065.1010 Reference materials. 

 * * * * * 
-19- 

PART 1068 – GENERAL COMPLIANCE PROVISIONS FOR NONROAD PROGRAMS 

SOURCE: 67 FR 68427, November 8, 2002, amended in 70 FR 40420, July 13, 2005, 

unless otherwise noted. 

Subpart A – Applicability and Miscellaneous Provisions 

§ 1068.1 Does this part apply to me? 

 * * * * * 

(a)(1) DELETE, 

REPLACE WITH: 

Off-road large spark-ignition engines regulated under Title 13, California Code of 

Regulations, Chapter 9, Article 4.5, and subject to the emission standards in 

§ 2433(b)(1) of that Article. 

 * * * * * 

§ 1068.5 How must manufacturers apply good engineering judgment? 

 * * * * * 

§ 1068.10 What provisions apply to confidential information? 

DELETE, 

REPLACE WITH: 

Any manufacturer may assert that some or all of the information submitted pursuant to 

Title 13, California Code of Regulations, Chapter 9, Article 4.5 (Off-Road Large SparkIgnition Engines) is entitled to confidential treatment as provided by Title 17, CCR, 

§§ 91000-91022. 

§ 1068.15 Who is authorized to represent the Air Resources Board? 

 * * * * * 

§ 1068.20 May ARB enter my facilities for inspections? 

DELETE, 

REPLACE WITH: 

(a) Any engine manufacturer affected by these regulations, upon receipt of prior notice 

must admit or cause to be admitted during operating hours any ARB Enforcement 

Officer that has presented proper credentials to any of the following: 
-20- 

 (1) Any facility where tests or procedures or activities connected with such tests or 

procedures are or were performed. 

 (2) Any facility where any new off-road large spark-ignition engine is present and is 

being, has been, or will be tested. 

 (3) Any facility where a manufacturer constructs, assembles, modifies, or builds-up 

an engine into a certification engine that will be tested for certification. 

 (4) Any facility where any record or other document relating to any of the above is 

located. 

(b) Upon admission to any facility referred to in paragraph (c)(1) of this Section, any 

ARB Enforcement Officer must be allowed: 

 (1) To inspect and monitor any part or aspect of such procedures, activities, and 

testing facilities, including, but not limited to, monitoring engine preconditioning, 

emissions tests and break-in, maintenance, and engine storage procedures. 

 (2) To verify correlation or calibration of test equipment; and, 

 (3) To inspect and make copies of any such records, designs, or other documents; 

and, 

 (4) To inspect and/or photograph any part or aspect of any such certification 

engine and any components to be used in the construction thereof. 

(c) To permit an ARB determination whether production off-road large spark-ignition 

engines conform in all material respects to the design specifications that apply to those 

engines described in the Executive Order certifying such engines and to standards 

prescribed herein. Engine manufacturers must, upon receipt of prior notice, admit any 

ARB Enforcement Officer, upon presentation of credentials, to: 

 (1) Any facility where any document design, or procedure relating to the translation 

of the design and construction of engines and emission related components described 

in the application for certification or used for certification testing into production engines 

is located or carried on; and, 

 (2) Any facility where any off-road large spark-ignition engines to be introduced into 

commerce are manufactured or assembled. 

 (3) Any California retail outlet where any off-road large spark-ignition engine is 

sold. 

(d) On admission to any such facility referred to in this Section, any ARB Enforcement 

Officer must be allowed: 

 (1) To inspect and monitor any aspects of such manufacture or assembly and 

other procedures; 

 (2) To inspect and make copies of any such records, documents or designs; and, 

 (3) To inspect and photograph any part or aspect of any such new off-road large 

spark-ignition engines and any component used in the assembly thereof that are 

reasonably related to the purpose of the Enforcement Officer’s entry. 
-21- 

(e) Any ARB Enforcement Officer must be furnished by those in charge of a facility 

being inspected with such reasonable assistance as may be necessary to discharge 

any function listed in this paragraph. Each applicant for or recipient of certification is 

required to cause those in charge of a facility operated for its benefit to furnish such 

reasonable assistance without charge to the ARB irrespective of whether or not the 

applicant controls the facility. 

(f) The duty to admit or cause to be admitted any ARB Enforcement Officer applies 

whether or not the applicant owns or controls the facility in question and applies both to 

domestic and foreign engine manufacturers and facilities. The ARB will not attempt to 

make any inspections that it has been informed that local law forbids. However, if local 

law makes it impossible to insure the accuracy of data generated at a facility, no 

informed judgment that an engine is certifiable or is covered by an Executive Order can 

properly be based on the data. It is the responsibility of the engine manufacturer to 

locate its testing and manufacturing facilities in jurisdictions where this situation will not 

arise. 

(g) For purposes of this Section: 

 (1) “Presentation of credentials” means a display of a document designating a 

person to be an ARB Enforcement Officer. 

 (2) Where engine, component, or engine storage areas or facilities are concerned, 

“operating hours” means all times during which personnel are at work in the vicinity of 

the area or facility and have access to it. 

 (3) Where facilities or areas other than those covered by paragraph (g)(2) of this 

Section are concerned, “operating hours” means all times during which an assembly 

line is in operation or during which testing, maintenance, break-in procedure, production 

or compilation of records, or any other procedure or activity is being conducted related 

to certification testing, translation of designs from the test stage to the production stage, 

or engine manufacture or assembly. 

 (4) “Reasonable assistance” includes, but is not limited to, providing clerical, 

copying, interpretation and translation services; making personnel available upon 

request to inform the ARB Enforcement Officer of how the facility operates and to 

answer questions; and performing requested emissions tests on any engine that is 

being, has been, or will be used for certification testing. Such tests must be 

nondestructive, but may require appropriate break-in. The engine manufacturer must 

be compelled to cause the personal appearance of any employee at such a facility 

before an ARB Enforcement Officer, upon written request from the Executive Officer for 

the appearance of any employee of a facility, and service of such request upon the 

engine manufacturer. Any such employee who has been instructed by the engine 

manufacturer to appear will be entitled to be accompanied, represented, and advised by 

counsel. 

§ 1068.25 What information must I give to ARB? 
-22- 

 * * * * * 

(b) DELETE, 

REPLACE WITH: 

Manufacturers subject to the requirements of this part must establish and maintain 

records, perform tests, make reports and provide additional information that the 

Executive Officer may reasonably require under the California Health and Safety Code, 

Division 26, and corresponding regulations. This also applies to engines that are 

exempt from emission standards. 

ADD: 

(c) (1) Upon request of the Executive Officer, the manufacturer of any off-road large 

spark-ignition engine covered by an Executive Order shall, within 30 days, identify by 

engine identification number or alternative tracking method, the engine(s) covered by 

the Executive Order. 

 (2) The manufacturer of any off-road large spark-ignition engine covered by an 

Executive Order shall provide to the Executive Officer, within 60 days of the issuance of 

an Executive Order, an explanation of the elements in any engine identification coding 

system in sufficient detail to enable the Executive Officer to identify those engines that 

are covered by an Executive Order. 

(d) Any off-road LSI engine manufacturer obtaining certification under this part shall 

notify the E.O., on a yearly basis, of the number of engines of such engine familyengine displacement-exhaust emission control system-fuel system combination 

produced for sale in California during the preceding year. 

§ 1068.27 May ARB conduct testing with my production engines? 

 * * * * * 

§ 1068.30 What definitions apply to this part? 

ADD: 

The definitions in 40 CFR 1048.801 and 1065.1001, as modified, apply with the 

following revisions: 

ADD: 

40 CFR part 1048 means Part 1048 and applicable subparts contained in these 2007 

and Later Test procedures when referenced in unrevised sections. 

ADD: 

40 CFR part 1065 means Part 1065 and applicable subparts contained in these 2007 

and Later Test procedures when referenced in unrevised sections. 
-23- 

ADD: 

40 CFR part 1068 means Part 1068 and applicable subparts contained in these 2007 

and Later Test procedures when referenced in unrevised sections. 

 * * * * * 

Act DELETE. 

ADD: 

Administrator means the Executive Officer of the Air Resources Board, or a designee of 

the Executive Officer. 

 * * * * * 

Certificate holder DELETE, 

REPLACE WITH: 

Certificate holder means a manufacturer (including importers) with a valid Executive 

Order for at least one engine family in a given model year. 

ADD: 

Clean Air Act or the Act means California Health and Safety Code, Division 26, and 

corresponding regulations, except where the context indicates otherwise. 

Designated Officer DELETE, 

REPLACE WITH: 

Designated Compliance Officer means the Executive Officer of the Air Resources 

Board, or a designee of the Executive Officer. 

 * * * * * 

Nonroad engine DELETE, 

REPLACE WITH: 

Nonroad engine means an off-road engine as defined in this section. 

ADD: 

Off-road engine means: 

(1) Except as discussed in paragraph (2) of this definition, any internal combustion 

engine: 

 (i) In or on a piece of equipment that is self-propelled or serves a dual purpose by 

both propelling itself and performing another function (such as garden tractors, offhighway mobile cranes, and bulldozers); or 

 (ii) In or on a piece of equipment that is intended to be propelled while performing 

its function (such as lawnmowers and string trimmers); or 

 (iii) That, by itself or in or on a piece of equipment, is portable or transportable, 
-24- 

meaning designed to be and capable of being carried or moved from one location to 

another. Indicia of transportability include, but are not limited to, wheels, skids, carrying 

handles, dolly, trailer, or platform. 

(2) An internal combustion engine is not an off-road engine if: 

 (i) The engine is used to propel a vehicle subject to the emissions standards 

contained in Title 13, California Code of Regulations, Sections 1950-1978, or a vehicle 

used solely for competition, or is subject to standards promulgated under section 202 of 

the federal Clean Air Act (42 U.S.C; or 

 (ii) The engine is regulated by a federal New Source Performance Standard 

promulgated under section 111 of the 1990 Clean Air Act (42 U.S.C. 7511); or 

 (iii) The engine otherwise included in paragraph (1)(iii) of this definition remains or 

will remain at a location for more than 12 consecutive months or a shorter period of time 

for an engine located at a seasonal source. A location is any site at a building, 

structure, facility, or installation. Any engine (or engines) that replaces an engine at a 

location and that is intended to perform the same or similar function as the engine 

replaced will be included in calculating the consecutive time period. An engine located 

at a seasonal source is an engine that remains at a seasonal source during the full 

annual operating period of the seasonal source. A seasonal source is a stationary 

source that remains in a single location on a permanent basis (i.e., at least two years) 

and that operates at that single location approximately three months (or more) each 

year. This paragraph does not apply to an engine after the engine is removed from the 

location. 

 * * * * * 

Standard-setting part DELETE, 

REPLACE WITH: 

Standard-setting part means the articles of the California Code of Regulations that 

define emission standards for a particular engine. 

 * * * * * 

We (us, our) DELETE, 

REPLACE WITH: 

We (us, our) means the Executive Officer of the Air Resources Board or a designee of 

the Executive Officer. 

 * * * * * 

§ 1068.35 What symbols, acronyms, and abbreviations does this part use? 

 * * * * * 
-25- 

Subpart B – Prohibited Actions and Related Requirements 

§ 1068.101 What general actions does this regulation prohibit? 

 * * * * * 

(a) DELETE, 

REPLACE WITH: 

The following prohibitions and requirements apply to manufacturers of new engines and 

manufacturers of equipment containing these engines, except as described in subparts 

C and D of this part: 

(1) Introduction into commerce. New engines and equipment may not be sold, offered 

for sale, or introduced or delivered into commerce in California or imported into 

California unless it has a valid Executive Order for its model year and the required label 

or tag. The actions listed in the previous sentence may not be taken with respect to any 

equipment containing an engine subject to this part’s provisions, unless the engine has 

a valid and appropriate Executive Order and the required engine label or tag. For 

purposes of this paragraph (a)(1), an appropriate Executive Order is one that applies for 

the same model year as the model year of the equipment (except as allowed by 

§ 1068.105(a)), covers the appropriate category of engines, and conforms to all 

requirements specified for the equipment in the standard-setting part. The requirements 

of this paragraph (a)(1) also cover new engines that are produced solely to replace an 

older engine in a piece of equipment, unless the engine qualifies for the 

replacement-engine exemption in § 1068.240. Civil penalties my be assessed for each 

engine in violation under the requirements of the California Health and Safety Code, 

Division 26, and corresponding regulations. 

(2) Reporting and recordkeeping. Manufacturers are required to record certain types of 

information to show that their engines are meeting California’s standards. 

Manufacturers must comply with these requirements to make and maintain required 

records (including those described in § 1068.501), and may not deny ARB access to 

these records or the ability to copy these records for which ARB has the authority to 

examine upon request. The required reports and information must be provided to the 

ARB upon request without delay. Failure to comply with the requirements of this 

paragraph is prohibited. A violation of the requirements of this subpart is a violation of 

the applicable provisions of the California Health and Safety Code, Division 26, and 

corresponding regulations, and is subject to the penalty provisions thereunder. 

(3) Testing and access to facilities. Manufacturers may not prevent ARB or its 

delegated agents from entering the manufacturer’s facility to inspect and/or perform 

authorized testing. Manufacturers must perform the tests we require (or have the tests 

performed by an outside source). Failure to perform this testing is prohibited. Civil 

penalties my be assessed for each engine in violation under the requirements of the 

California Health and Safety Code, Division 26, and corresponding regulations. 

(b) DELETE, 
-26- 

REPLACE WITH: 

The following prohibitions apply to all entities with respect to the engines to which this 

part applies: 

(1) Tampering. No one may remove or disable a device or element of design that may 

affect an engine’s emission levels. This restriction applies before and after the engine is 

placed in service. Section 1068.120 describes how this applies to rebuilding engines. 

A person or a manufacturer or dealer who violates this part is subject to a civil penalty 

as specified in the California Health and Safety Code, Division 26, and corresponding 

regulations This prohibition does not apply in any of the following situations: 

 (i) You need to repair an engine and you restore it to proper functioning when the 

repair is complete. 

 (ii) You need to modify an engine to respond to a temporary emergency and you 

restore it to proper functioning as soon as possible. 

 (iii) You modify a new engine that another manufacturer has already certified to 

meet emission standards and recertify it under your own engine family. In this case you 

must tell the original manufacturer not to include the modified engines in the original 

engine family. 

(2) Defeat devices. A manufacturer may not knowingly manufacture, sell, offer to sell, 

or install, an engine part if it bypasses, impairs, defeats, or disables the engine’s control 

the emissions of any pollutant. A violation of the requirements of this subpart is a 

violation of the applicable provisions of the California Health and Safety Code, 

Division 26, and corresponding regulations, and is subject to the penalty provisions 

thereunder. 

(3) Stationary engines. An engine that is excluded from any requirements of this 

chapter because it is a stationary engine may not be moved or installed in any mobile 

equipment except as allowed by the provisions of this chapter. The residence time 

requirements of paragraph (2)(iii) of the nonroad engine definition in § 1068.30 may not 

be intentionally circumvented. A violation of the requirements of this subpart is a 

violation of the applicable provisions of the California Health and Safety Code, 

Division 26, and corresponding regulations, and is subject to the penalty provisions 

thereunder for each day you are in violation. 

(4) Competition engines. An uncertified engine or piece of equipment that is excluded 

or exempted from any requirements of this chapter because it is to be used solely for 

competition may not be used in a manner that is inconsistent with use solely for 

competition. A violation of the requirements of this subpart is a violation of the 

applicable provisions of the California Health and Safety Code, Division 26, and 

corresponding regulations, and is subject to the penalty provisions thereunder. 

(5) Importation. An uncertified engine or piece of equipment may not be imported if it is 

defined to be new in the standard-setting part and it is built after emission standards 

start to apply in California. A violation of the requirements of this subpart is a violation 

of the applicable provisions of the California Health and Safety Code, Division 26, and 

corresponding regulations, and is subject to the penalty provisions thereunder. Note the 

following: 
-27- 

(i) The definition of new is broad for imported engines; uncertified engines and 

equipment (including used engines and equipment) are generally considered to be new 

when imported. 

(ii) Engines that were originally manufactured before applicable ARB standards became 

effective are generally not subject to emission standards. 

(6) Warranty. Manufacturers must honor the emission-related warranty requirements 

under § 1068.115 and fulfill any applicable responsibilities to recall engines under 

§ 1068.505. Failure to meet these obligations is prohibited. A violation of the 

requirements of this subpart is a violation of the applicable provisions of the California 

Health and Safety Code, Division 26, and corresponding regulations, and is subject to 

the penalty provisions thereunder. 

 * * * * * 

(e) DELETE, 

REPLACE WITH: 

Maximum penalty limits may be adjusted based on the applicable provisions of the 

California Health and Safety Code, Division 26, and corresponding regulations. 

ADD: 

(f) Under § 43017 of the California Health and Safety Code, the Air Resources Board 

may enjoin any violation of any provision of Subpart B of this part 1068. 

§ 1068.105 What other provisions apply to me specifically if I manufacture equipment 

needing certified engines? 

 * * * * * 

(d) DELETE, 

REPLACE WITH: 

Producing off-road equipment certified to highway emission standards. A manufacturer 

may produce off-road equipment from complete or incomplete motor vehicles with the 

motor vehicle engine under the following conditions: 

(1) The engine or vehicle is certified to California on-road requirements. 

(2) The engine is not adjusted outside the manufacturer’s specifications. 

(3) The engine or vehicle is not modified in any way that may affect its emission control. 

This applies to evaporative emission controls, but not refueling emission controls. 

(4) Additional restrictions may be imposed by the Executive Officer as determined 

necessary to ensure emission performance equity. 

§ 1068.110 What other provisions apply to engines in service? 

 * * * * * 
-28- 

(b) DELETE, 

REPLACE WITH: 

Certifying aftermarket parts. The manufacturer or rebuilder of an aftermarket engine 

part shall be required to certify according to the requirements of Title 13, CCR, 

Chapter 4, Article 2. The aftermarket part rebuilder or manufacturer must keep all 

records showing how the part affects emissions, and shall provide this information to the 

Executive Officer within 30 calendar days upon request. 

 * * * * * 

§ 1068.115 When must manufacturers honor emission-related warranty claims? 

Introductory text DELETE, 

REPLACE WITH: 

Title 13, CCR, Chapter 9, Article 4.5, § 2435, requires certifying manufacturers of offroad spark-ignition engines to warrant to purchasers that their engines are designed, 

built, and equipped to conform at the time of sale to the applicable regulations for their 

full useful life, including a warranty that the engines are free from defects in materials 

and workmanship that would cause an engine to fail to conform to the applicable 

regulations during the specified warranty period. This section codifies the warranty 

requirements without intending to limit them. 

 * * * * * 

§ 1068.120 What requirements must I follow to rebuild engines? 

 * * * * * 

§ 1068.125 What happens if I violate the regulations? 

 DELETE, 

REPLACE WITH: 

A violation of the requirements of this subpart is a violation of the applicable provisions 

of the California Health and Safety Code, Division 26, and corresponding regulations, 

and is subject to the penalty provisions thereunder. 

Subpart C – Exemptions and Exclusions 

§ 1068.201 Does ARB exempt or exclude any engines from the prohibited acts? 

 * * * * * 
-29- 

§ 1068.210 What are the provisions for exempting test engines? 

 * * * * * 

§ 1068.215 What are the provisions for exempting manufacturer-owned engines? 

 * * * * * 

(b) DELETE, 

REPLACE WITH: 

By provision of the California Health and Safety Code, Division 24, Part 5, Chapter 1, 

§ 43014, a manufacturer may request the Executive Officer to issue an experimental 

permit for a nonconforming engine under the ownership and control of the manufacturer 

for the purposes of developing products, assessing production methods, or promoting 

engines in the marketplace. The engine shall not be loaned, leased, or sold to generate 

revenue, either by itself or in a piece of equipment. 

 * * * * * 

(c)(3)(iv) DELETE, 

REPLACE WITH: 

The statement “THIS ENGINE IS COVERED BY AN EXPERIMENTAL PERMIT AND IS 

EXEMPT FROM MEETING CALIFORNIA EMISSION REQUIREMENTS.” The 

referencing of similar federal requirements in combination with California references 

under this provision is permitted. 

§ 1068.220 What are the provisions for exempting display engines? 

 * * * * * 

§ 1068.225 What are the provisions for exempting engines for national security? 

 * * * * * 

§ 1068.230 What are the provisions for exempting engines for export? 

 * * * * * 

§ 1068.235 What are the provisions for exempting engines used solely for 

competition? 

 * * * * * 
-30- 

§ 1068.240 What are the provisions for exempting new replacement engines? 

DELETE, 

REPLACE WITH: 

Off-road large spark-ignition engines subject to provisions of Subpart C are subject to 

replacement engines regulations specified in Title 13, California Code of Regulations, 

Chapter 9, Articles 4.5, Section 2433(e). 

§ 1068.245 What temporary provisions address hardship due to unusual 

circumstances? 

 * * * * * 

§ 1068.250 What are the provisions for extending compliance deadlines for 

small-volume manufacturers under hardship? 

 * * * * * 

§ 1068.255 What are the provisions for exempting engines for hardship for equipment 

manufacturers and secondary engine manufacturers? 

 * * * * * 

(b)(4)(i) DELETE, 

REPLACE WITH: 

If the engine does not meet any emission standards: “THIS ENGINE IS EXEMPT 

UNDER 13 CCR 2433(e) FROM EMISSION STANDARDS AND RELATED 

REQUIREMENTS.” The referencing of similar federal requirements in combination with 

California references under this provision is permitted. 

 * * * * * 

§ 1068.260 What are the provisions for temporarily exempting engines for delegated 

final assembly? 

 * * * * * 

§ 1068.265 What provisions apply to engines that are conditionally exempted from 

certification? 

 * * * * * 
-31- 

Subpart D – Imports 

§ 1068.301 Does this subpart apply to me? 

 * * * * * 

§ 1068.305 How do I get an exemption or exclusion for imported engines? 

 * * * * * 

ADD: 

(f) For any engine whose destination is California, send the completed form to the 

Executive Officer of the Air Resources Board. 

§ 1068.310 What are the exclusions for imported engines? 

 * * * * * 

§ 1068.315 What are the permanent exemptions for imported engines? 

 * * * * * 

§ 1068.320 How must I label an imported engine with a permanent exemption? 

 * * * * * 

(b)(4) DELETE, 

REPLACE WITH: 

State: "THIS IMPORT ENGINE IS GRANTED A PERMANENT EXEMPTION FROM 

MEETING CURRENT YEAR CALIFORNIA OFF-ROAD LARGE SPARK-IGNITION 

ENGINES EMISSION REQUIREMENTS BY ALLOWANCE FOR [identify the 

permanent exemption category authorizing the exemption (for example, “NATIONAL 

SECURITY”)]. INSTALLING THIS ENGINE IN ANY DIFFERENT APPLICATION IS A 

VIOLATION OF CALIFORNIA LAW SUBJECT TO CIVIL PENALTY.” The referencing 

of similar federal requirements in combination with California references under this 

provision is permitted. 

§ 1068.325 What are the temporary exemptions for imported engines? 

 * * * * * 

§ 1068.330 How do I import engines requiring further assembly? 

 * * * * * 
-32- 

§ 1068.335 What are the penalties for violations? 

 * * * * * 

ADD: 

(c) Under § 43017 of the California Health and Safety Code, the Air Resources Board 

may enjoin any violation of any provision of Subpart D of this part 1068. 

Subpart E – Selective Enforcement Auditing 

DELETE, 

Appendix A to Subpart E of Part 1068-Plans for Selective Enforcement Auditing 

DELETE, 

Subpart F – Reporting Defects and Recalling Engines

DELETE, 

REPLACE WITH: 

Off-road large spark-ignition engines subject to provisions of Subpart F are subject to 

recall regulations specified in Title 13, California Code of Regulations, Chapter 9, 

Articles 4.5, Section 2439, Procedures for In-Use Engine Recalls for Large Off-Road 

Spark-Ignition Engines with an Engine Displacement Greater Than 1.0 Liter. 

Subpart G – Hearings 

§ 1068.601 What are the procedures for hearings? 

DELETE, 

REPLACE WITH: 

A manufacturer may request a hearing on an Executive Officer’s decision regarding 

certification, as specified in Title 17, California Code of Regulations, Division 3, 

Chapter 1, Subchapter 1.25, Articles 1 and 2. 

Appendix I to Part 1068 – Emission-Related Components 

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Appendix II to Part 1068 – Emission-Related Parameters and Specifications 

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