PROPOSED WITH 15

- DAY MODIFICATIONS

State of California

AIR RESOURCES BOARD

Resolution 08

- 36

July 24, 2008

Agenda Item No.: 08

- 7

- 5

WHEREAS, sections 39600 and 39601 of the Health and Safety Code authorize the Air Resources Board (ARB or Board) to ado pt standards, rules and regulations and to do such acts as may be necessary for the proper execution of the powers and duties granted to and imposed upon the Board by law;

WHEREAS, section 43013(a) of the Health and Safety Code authorizes the Board to

ado pt and implement emission standards and in

- use performance standards for the control of air contaminants and sources of pollution which the Board has found to be
necessary, cost

- effective, and technologically feasible;

WHEREAS, section 43013(b) of the Hea lth and Safety Code authorizes the Board, consistent with section 43013(a), to adopt emission standards and regulations for marine engines and vessels (to the extent permitted by federal law);

WHEREAS, section 43018 of the Health and Safety Code authorize s the Board to achieve the maximum degree of emission reduction possible from vehicular and other mobile sources in order to accomplish the attainment of the state standards for ambient air quality at the earliest practicable date;

WHEREAS, sections 43101 , 43102, 43104, 43105, and 44036.2 of the Health and Safety Code authorize the Board to adopt emission standards and test procedures to certify, control air pollution caused by, and get service information concerning, motor vehicles, and effective emission control regulations must apply these sections to other

ARB

- regulated mobile source categories such as marine spark

- ignited engines;

WHEREAS, the State Implementation Plan (SIP) for ozone, adopted by the Board in 1994 and approved by the United States Env ironmental Protection Agency (U.S. EPA) in 1995, established the state strategy for attaining the ambient air quality standards for ozone in all areas of the state by 2010, as required by federal law;

WHEREAS, the SIP included mobile source control measur e M16, entitled “Pleasure Craft,” which outlined the emissions inventory from recreational boats and personal

watercraft and directed U.S. EPA to develop an appropriate control strategy to reduce emissions from spark

- ignition marine engine exhaust ;Resolution 08

- 36 2

WHEREA S, because ARB’s assessment subsequent to SIP approval determined that pleasure craft contributed much more significantly to the total emissions inventory than

estimated at SIP submission , th e Board, in 1998, approved regulations to control

exhaust emissio ns from spark

- ignition personal watercraft and outboard marine engines more stringent than U.S. EPA requirements ;

WHEREAS, in furtherance of and as a result of ongoing assessment, on July 26, 2001, the Board adopted amendments to the California regulation s for recreational marine spark

- ignition engines to include sterndrive / inboard pleasure craft, which included a combined hydrocarbon and oxides of nitrogen (HC+NOx) exhaust emission standard for them beginning in 2003;

WHEREAS, the original 2001 Amendment s required the t ier II s terndrive /i nboard

HC+NOx standard to be phased

- in over a three year period beginning in 2007;

WHEREAS, on November 17, 2005, the Board amended the t ier II s terndrive /i nboard requirements to allow sterndrive and inboard en gi nes to comply with the 5.0 grams per

kilowatt

- hour HC+NOx exhaust emissions standard fu lly a cross product lines in 2008

and required the installation of low permeation evaporative control fuel hoses on boats using engines certified using this option to preserve t he emission benefits of the original regulation;

WHEREAS, technical obstacles may hinder the effective use of catalytic converters on high performance engines;

WHEREAS, the majority of high performance sterndrive/inboard engine manufacturers

in Californi a are single category small volume manufacturers without enough standard performance engine production to benefit from the existing averaging allowance;

WHEREAS, the overwhelming majority of high performance sterndrive/inboard engine

manufacturers in Cali fornia are small businesses with limited resources to conduct comprehensive emissions testing to certify engines;

WHEREAS, varying degrees of emission standards and other requirements have been adopted previously for large versus small volume manufacturer s in other California regulations in recognition of a manufacturer’s resources and other abilities to comply with technology forcing standards;

WHEREAS, the emissions contribution from sterndrive/inboard engines greater than

373 kilowatts is significant despite comprising only two percent of the total annual unit sales of sterndrive/inboard engines sold in California;

WHEREAS, the t ier II s terndrive /i nboard emissions standard for high performance engines greater than 373 kilowatts could be modified if th e emission s benefits anticipated from the existing regulations are maintained through other means;Resolution 08

- 36 3

WHEREAS, staff has presented evidence to demonstrate that the incorporation of readily

- available and/or easily implementable and relatively inexpensive (com pared to catalytic converters) evaporative control technologies , which are constructed from material(s) designed to limit the seepage of hydrocarbon from the

inside to the outside of fuel tanks and hoses, would completely compensate

– on a boat

- by

- boat bas is

– for the loss of emission benefits due to the less stringent exhaust standards as propos ed for sterndrive / inboard engines greater than 373 kilowatts produced by small volume engine manufacturers ;

WHEREAS, ARB and U.S. EPA have conducted test programs demonstrating the efficacy of low permeation hoses and fuel containers and passive purge carbon canisters in reducing evaporative emissions in a marine environment;

WHEREAS, sterndrive / inboard marine engine manufacturers have requested relief for

the cert ification of high

- performance engines with rated power greater than

373 kilowatts to the existing catalyst

- based standards beginning in 2009;

WHEREAS, it is possible to provid e a choice of implementation options to high performance engine manufacturers th at would preserve the emission benefits of the original regulation and increas e flexibility resulting in more cost effective regulations;

WHEREAS, the s terndrive / i nboard regulations adopted in 2001 by the Board would reduce emissions of approximately 56 t ons per weekend summer day of HC+NOx

emissions statewide in 2020 and the o utboard/ p ersonal w atercraft regulations adopted

in 1998 would reduce emissions of approximately 110 tons per weekend summer day of

HC+NOx statewide in 2020 ;

WHEREAS, U.S. EPA has pr oposed additional exhaust and evaporative emissions requirements for spark

- ignition marine engines and vessels including inboard and sterndrive engines and vessels, but will not be able to finalize those regulations in time to affect production of 200 9 mod el year engines including high performance sterndrive/inboard engines greater than 373 kilowatts ;

WHEREAS, high performance sterndrive / inboard marine engine manufacturers must finalize product plans expeditiously to ensure complying products are available in 200 9 ;

WHEREAS, sterndrive/inboard engine marinizers are not self sufficient and rely on the

automotive engine manufacturers

, such as General Motors

, to supply base engines;

WHEREAS, General Motors has announced the discontinuation of two engine famil ies commonly marinized by the sterndrive/inboard industry (i.e., 4.3 and 8.1 liter families) ;

WHEREAS, the marine industry maintains that substitute replacement engines are not readily available that can be integrated into existing hull s without substanti al redesign efforts;Resolution 08

- 36 4

WHEREAS, industry requests relief from having to invest resources into these engines

that it will not be able to recover to make them comply with the t ier II s terndrive/ i nboard

standards for the remaining years of production life;

WH EREAS, while corporate averaging could provide relief from having to redesign an engine scheduled for imminent discontinuation

, it w ould also add complexity and uncertainty to California’s enforcement and certification efforts;

WHEREAS, full corporate ave raging is not appropriate for standard performance sterndrive/inboard engines since most of these as of 2008 have already been certified

to the fixed t ier II s terndrive/ i nboard standards;

WHEREAS

, staff acknowledges that unforeseen circumstances beyond th e control of

the manufacturer can and do occur from time to time ;

WHEREAS, carbon monoxide emissions may increase the risk of asphyxiation to vessel
occupants and those engaging in activities that put them in direct or close proximity to

vessel exhaust (e .g., wakeboarding and teak surfing ) ;

WHEREAS, the United States Coast Guard and the California Department of Boating and Waterways have identified carbon monoxide poisoning as the cause of a significant number of boating accidents involving injury and/or death ;

WHEREAS, carbon monoxide standards are not currently required for spark

- ignition marine engines sold in California or nationally ;

WHEREAS, the technolog ies incorporated by industry to comply with the required standards for hydrocarbon and oxides o f nitrogen , in particular catalytic converters, are also effective in reduc ing carbon monoxide emissions;

WHEREAS, a corporate averaged standard for carbon monoxide emissions could result in some engines being certified to emission levels greater than the standard

, thereby increasing the risk of injury or death to those in close proximity to that engine’s exhaust;

WHEREAS, corporate averaging complicates enforcement efforts by introducing an array of varying compliance levels that are difficult to readily quantify in the field;

WHEREAS, methane, a component of total hydrocarbon emissions, has been identified as a greenhouse gas responsible in part for contributing to manmade global warming;

WHER E AS, most te chnologies for controlling total hydrocarbon al so reduce the methane component of hydrocarbon;

WHEREAS, jet boat applications with personal watercraft engines often compete for the

same market share as similarly performing vessels with sterndrive/inboard engines ;Resolution 08

- 36 5

WHEREAS, the U .S. E P A has proposed a definition for “sterndrive/inboard engine” that includes jet boat applications with personal watercraft engines ;

WHEREAS, jet boat manufacturers have requested leadtime to transition from the outboard/personal watercraft standards to the sterndrive/inboar d standards ;

WHEREAS, only two manufacturers are know n to sell jet boat applications with personal watercraft engines in California and the total number of sales is small , limited to a single engine family each, compared to standard performance sterndrive / in board engine sales;

WHEREAS, manufacturers are not allowed to produce a new engine to replace an existing engine unless the new engine complies with current year emission standards;

WHEREAS, the marine industry maintains that substantial modifications to the vessel

hull c ould be necessary to allow the installation of a new engine with a catalytic

converter or to create the electronic interface for support ing on

- board diagnostics ;

WHEREAS, the rebuilding of spark

- ignition marine engines is currently an unregulated practice and has the potential to negatively impact the emission s performance of an engine should the engine not be restored to its original certified configuration or to that of a more stringent emissions configuration ;

WHEREAS, the sterndri ve/inboard marine industry has concluded as a whole that engine misfire can significantly degrade the conversion efficiency of catalytic converters resulting in premature failure ;

WHEREAS , virtually every sterndrive/inboard engine manufacturer has volunta rily incorporated misfire monitoring as part of its on

- board diagnostics marine system;

WHEREAS, a requirement for mandatory misfire monitoring could enable on

- board diagnostics marine systems to be used to facilitate production line testing;

WHEREA S, some vendors of marine vessels falsely believe it is legal to sell used, rebuilt, or new replacement engines in new vessels to circumvent compliance with current year emission standards ;

WHEREAS, a periodic inspection and maintenance program does not e xist for spark

- ignition marine engines and boats;

WHEREAS, an in

- use compliance program would provide some assurance that engines are continuing to perform within the required standards throughout their useful lives;

WHEREAS, in conjunction with a public hearing notice dated May 27, 2008 , ARB staff proposes that the Board adopt the proposed amendments to the Spark

- Ignition MarineResolution 08

- 36 6

Engine sections and related in

- use compliance and test procedures sections of title 13, California Code of Regulations as set f orth in Attachment A hereto, and amendments to the incorporated test procedures as set forth in Attachment s B and C hereto;

WHEREAS, the Board has considered the effects of the proposed regulatory requirements on the economy of the state;

WHEREAS, the Ca lifornia Environmental Quality Act and Board regulations require that no project which may have significant adverse environmental impacts be adopted as originally proposed if feasible alternatives or mitigation measures are available to substantially reduc e or eliminate such identified impacts, if any;

WHEREAS, a public hearing and other administrative proceedings have been held in accordance with the provisions of chapter 3.5 (commencing with section 11340), part 1, division 3, title 2 of the Government C ode;

WHEREAS, the Board finds that:

Despite advances in reducing emissions from motor vehicles and other mobile sources, California still has one of the most severe air pollution problems in the United States;

To meet Federal and California Clean Air Ac t emissions reductions requirements, ARB must continue to seek reductions from all sources under its authority, including spark

- ignition marine engines;

Industry representatives have stated that retention of the existing t ier II

s terndrive / i nboard standar d for high performance engines greater than 373

kilowatts could result in failure for c ompanies to sell compliant products in

California ;

Adoption of the proposed amendments would address industry’s uncertainty over its ability to meet the current t ier II s terndrive

- i nboard standard s for high performance engines with maximum power greater than 373 kilowatts ;

The incorporation of readily

- available and/or easily implementable and relatively inexpensive (compared to catalytic converters) evaporative control technologies will more than offset any potential loss of emission benefits due to the less stringent exhaust standards propos ed for sterndrive and inboard engines greater than 373 kilowatts produced by small volume engine manufacturers ;

The California reg ulations for spark

- ignition marine engines can therefore be amended substantially as manufacturers have requested to provide substantially the relief they have requested, without losing the emission benefits assumed in

the 2001 s terndrive / i nboard Amendment s;Resolution 08

- 36 7

It is necessary and appropriate that the proposed amended regulations provide a choice of implementation options for dual category large volume sterndrive/inboard engine manufacturers whereby they may choose to certify high performance sterndrive/inboa rd engines by averaging certification emission

levels with those of standard performance sterndrive/inboard engines less than or equal to 373 kilowatts beginning with the 2009 model year

, by supplementing evaporative emission reductions from vessels with s tandard performance engines beginning with the 2009 m odel year

, or by other means approved in advance by the Executive Officer that are implementable and verifiable and that provide equivalent emission reductions to those of the 2001 Sterndrive/Inboard

ame ndments ;

It is necessary and appropriate that the proposed amended regulations require

the introduction of enhanced evaporative control system s including carbon canisters, low permeation hoses, and non

- permeable fuel tanks on all new

vessels equipped with high performance engines beginning with the 2009 model

year ;

It is necessary and appropriate that the proposed amended regulations provide

mechanisms to address unforeseen circumstances and extreme hardship primarily related to the discontinuation of eng ines , but that also preserve the

emission benefits of the existing regulation;

It is necessary and appropriate that the proposed amended regulations impose limits on carbon monoxide emissions to protect public health by reducing the risk of asphyxiation ;

It is necessary and appropriate that the proposed amended regulations impose

limits on the entire hydrocarbon species including me thane to reduce the impact of this greenhouse gas pollutant on manmade global warming ;

It is necessary and appropriate that the proposed amended regulations require jet boat engines to comply with the same emissions standards as similar l y performing sterndrive/inboard engines ;

It is necessary and appropriate that the proposed amended regulations would permit engine manufacture s to produce a new replacement engine for an in

- use vessel that may not comply with current year emission standards so long as the replacement engine is the most stri n ge n t engine available that can be installed in

the vessel without unreasonable modificati ons ;

It is necessary and appropriate that the proposed amended regulations provide a

standard ized practice for the rebuilding and/or remanufacturing of engines to
prevent against the downgrading of emissions performance below that of the engine’s original ly certified emissions configuration ;Resolution 08

- 36 8

It is necessary and appropriate that the proposed amended regulations require misfire monitoring as a mandatory element of the on

- board diagnostic marine (OBD

- M) system to protect the long term viability of the cataly tic converter in

- use ;

It is necessary and appropriate that the proposed amended regulations modify the definition of a “new engine” to clarify that it is a violation of and an attempt to circumvent the regulations to sell non

- new engines installed in a ne w hull as a

new vessel ;

It is necessary and appropriate that the proposed amended regulations would require manufacturers to comply with not

- to

- exceed limits as a means of in

- use compliance to confirm that engines continue to meet the standards throughout

their useful lives ;

It is necessary and appropriate that the proposed amended regulations continue to require engine manufacturers to certify spark

- ignition marine engines sold in California to the adopted mandatory HC+NOx emission standards;

It is nece ssary and appropriate that the proposed amended regulations establish a carbon monoxide standard to reduce the risk of death and injury to vessels’
occupants ;

It is necessary and appropriate that the proposed amended regulations continue to require an in

- use testing program to ensure that certified engines meet the standards throughout their useful lives;

It is necessary and appropriate that the proposed amended regulations continue to require defects warranty and repair to ensure that the engines have

emission

- related components that are reliable, durable and capable of complying with the applicable emission standards;

It is necessary and appropriate that the proposed amended regulations continue to require on

- board diagnostic systems for all sterndri ve/inboard engines to ensure that the engines and emission

- related components are reliable, durable

and continue to function . As such, misfire monitoring is a necessary component to the diagnostic system for protection of the catalytic converter;

It is n ecessary and appropriate that the proposed amended regulations continue to require other programs in the current spark

- ignition marine regulations such as engine labeling to ensure that the regulations can be enforced properly;

It is necessary and appropr iate that the proposed amended regulations continue to incorporate emission test procedures to implement the regulations;

The economic and cost impacts of the amendments have been analyzed as required by California law, and the conclusions and supporting documentation forResolution 08

- 36 9

this analysis are set forth in the Initial Statement of Reasons, as supplemented by the staff’s presentation at the public hearing on this item;

The cost of controlling spark

- ignition marine engines under the proposed amended regulation would not significantly change from those projected in 2001 for the original Inboard

- Sterndrive Amendments to the Marine Spark

- Ignition Engine regulations, and would range from a high of $3.39 to a low of $2.08 per pound of HC+NO x reduced for sterndrive/in board engines and from $3.57 to $ 0.32 per pound of HC+NOx reduced for outboard/personal watercraft engines

, depending on whether r esearch and d evelopment costs are calculated against California sales only or against all sales nationwide, respectively;

The cost

- effectiveness values above are similar to the values associated with other control measures adopted in furtherance of Health & Safety Code

sections 43013 and 43018, and SIP measures; and

Based on the above, the Staff Report/Initial Statement of Reas ons, and the information provided during the public hearing of this item, the proposed amended spark

- ignition marine engine regulations are necessary, cost

- effective, and technologically feasible to carry out the purposes of the state and federal

clean air laws;

WHEREAS, the Board further finds that:

The proposed amended spark

- ignition marine engine regulations and procedures are necessary to ensure the realization of the emission benefits projected for the original 1998 outboard/personal watercraft and 2 001 sterndrive /inboard engine regulation s for 200 9 and later spark

- ignition model year engines;

The proposed amended spark

- ignition marine engine regulations and procedures facilitate the ability of sterndrive /inboard engine manufacturers to comply with t he catalyst

- based t ier II s terndrive / i nboard standard;

The adoption of the proposed amendments to the standards and test procedures would not affect the emission reductions estimated for the original 1998 and 2001 regulation s of approximately 110 tons per weekend summer day for outboard/personal watercraft engines and 56 tons per weekend summer day for sterndrive/inboard engines of HC+NOx emissions statewide in 2020;

The adoption of the regulations approved herein will not have a significant

adverse envir onmental impact and the regulations are projected to have either no impact or a slight but positive air quality impact;

The adoption of carbon monoxide standard s further the Board’s C alifornia

E nvironmental Q uality A ct obligation to analyze potential adve rse and beneficial impacts of the regulation as proposed;Resolution 08

- 36 10

The adoption of the regulations approved herein will not create costs or savings to any state agency or in federal funding to the state, costs or mandate to any local agency or school district whe ther or not reimbursable by the state pursuant to part 7 (commencing with section 17500), division 4, title 2 of the Government Code, or other nondiscretionary costs or savings to state or local agencies;

The adoption of the regulations approved herein w ill not have a significant statewide adverse economic impact directly affecting businesses, including the ability of California businesses to compete with businesses in other states, or on representative private persons;

The adoption of the regulations ap proved herein will not affect the creation or elimination of jobs within the State of California, the creation of new businesses or elimination of existing businesses within the State of California, or the expansion of businesses currently doing business w ithin the State of California;

The adoption of the regulations approved herein will not affect small businesses because there will be no incremental cost, or an insignificant cost, associated with staff’s proposal; and

No alternative considered by the Bo ard would be more effective in carrying out the purpose for which the regulations are proposed or would be as effective and less burdensome to affected private persons.

NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves the proposed

amendments to sections 2111, 2112, and Appendix A, within Chapter 2, Article 2.1, Title 13, California Code of Regulations (13 CCR); section 2139 within Chapter 2, Article 2.3, 13 CCR, section 2147 within Chapter 2, Article 2.4, 13 CCR; sections 2440, 2441, 2442,

244 3.1, 2443.2, 2443.3, 2444.1, 2444.2, and 2445, and proposed repeal of Section 2448, within Chapter 9, Article 4.7, 13 CCR, as set forth in Attachment A hereto, and proposed adoption of amendments to the following documents incorporated by

reference in Sect ion 2447, 13 CCR: “California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark

- Ignition Marine Engines,” as set forth

in Attachment B hereto, and in Section 2474, 13 CCR: “Procedures for Exemption of

Add

- On and Modified Parts for Off

- Road Categories,” as set forth in Attachm e nt C

hereto , with the modifications set forth in Attachment D hereto.

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to incorporate into the approved regulations and test procedu res the modifications set forth in

Attachment D , with such other conforming modifications as may be appropriate, and then to adopt the amended regulations and test procedures as modified, after making the modified regulatory language available for public c omment for a period of 15 days, provided that the Executive Officer shall consider such written comments regarding the modifications as may be submitted during this period, shall make modifications as may be appropriate in light of the comments received, a nd shall present the regulations toResolution 08

- 36 11

the Board for further consideration if the Executive Officer determines that this is

warranted.

BE IT FURTHER RESOLVED that the Board hereby determines that the regulations approved herein will not cause the California emission standards, in the aggregate, to be less protective of public health and welfare than applicable federal standards.

BE IT FURTHER RESOLVED that the Board hereby finds that separate California emission standards and test procedures are necessary to meet compelling and extraordinary conditions.

BE IT FURTHER RESOLVED that the Board finds that the California emission standards and test procedures as approved herein will not cause the California requirements to be inconsistent with federal Clean Air A ct section 209(e)(1) and raise no new issues affecting previous authorizations of the Administrator of the

U.S. EPA issued pursuant to federal Clean Air Act section 209(e)(2).

BE IT FURTHER RESOLVED that the Executive Officer shall, upon adoption, forward the regulations to the U.S. EPA with a request for authorization or confirmation that the regulations are within the scope of an existing authorization pursuant to Federal Clean Air Act section 209(e)(2), as appropriate.Resolution 08

- 36

July 24, 2008

Identification of Attachments to the Board Resolution

Attachment A: Proposed Amendments to the California Regulations for New 200 9 and Later Spark

- Ignition Marine Engines and Boats

, sections 2111, 2112, and Appendix A to section 2112 , within Chapter 2, Article 2.1; section

2139

, within Chapter 2, Article 2.3 ; section 2147

, within Chapter 2,
Article 2.4; sections 2440, 2441, 2442, 2443.1, 2443.2, 2443.3, 2444.1, 2444.2, and 2445, and proposed repeal of Section 2448

, within Chapter 9

, Article 4.7, title 13, California Code of Regulations, as set forth in Attachment A to the Initial Statement of Reasons, released
June 6, 2008

.

Attachment B: Proposed Amendments to the “California Exhaust Emission Standards and Test Procedures for 2001 and Later Spark

- Igni tion Marine Engines,” which is incorporated by reference in section 244 7 , title 13, California Code of Regulations, as set forth in Attachment B to the Initial Statement of Reasons, released June 6, 2008

.

Attachment C : Proposed Amendments to the “ Procedur es for Exemption of Add

- On

and Modified Parts for Off

- Road Categories ,” which is incorporated by

reference in section 24 74 , title 13, California Code of Regulations, as

set forth in Attachment C to the Initial Statement of Reasons, released
June 6, 2008

.

Attachment D : Staff’s Suggested Modifications to the Original Proposal, as distributed

at the July 24, 2008, Board hearing.

# ATTACHMENT D

to

Resolution 08

- 36

Staff’s Suggested Modifications

Title 13 California Code of RegulationsSTAFF’S SUGGESTED MODIFICATIONS

ATTACHMENT D TO RESOLUTION 08

- 36

Proposed Amendments to the California Regulations for New 200 9 and Later Spark

- Ignition Marine Engines and Boats

NOTE: This document is written in a style to indicate changes from the existing provisions. All existing language is indicated by plain text. All additions to language are indicated by underlined text. All deletions to language are indicated by strikeout

. All additions to language proposed after the publication of the proposal are indicated by double underlining . All deletions to language proposed after the publication of the proposal are indicated by dou ble strikeout

. Only those portions containing the suggested modifications from existing provisions are included. All other portions remain unchanged and are indicated by the symbol “* * * * *” for

reference.

Amend sections 2111, 2112, Appendix A to Art icle 2.1, 2139, 2147, 2440, 2441, 2442,
2443.1, 2443.2, 2443.3, 2444.1, 2444.2, 2445.1, 2445.2, and 2446, and delete section
2448, title 13 California Code of Regulations, to read as follows:

Chapter 9

. Off

- Road Vehicles and Engines Pollution Control De vices

Article 4.7

. Spark

- Ignition Marine Engines

§ 2441

. Definitions.

(a)

* * * * *

(3 1 ) “ Intermediate Volume Manufacturer” means an engine manufacturer that produces high performance and /or standard performance sterndrive/inboard engines for sale in California in combined quantities greater than 75 units but

less than 500 units annually

.

( 31 32 ) “Jet boat” means a vessel that uses an installed internal combustion engine powering a water jet pump as its primary source of propulsion and is designed with open area for carrying passengers.

( 32 3 3 ) “Large Volume Dual Category Manufacturer” means a n engine manufacturer that produces both high performance and /or standard performance

sterndrive/inboard engines for sale in California in combine d quantities equal to

or greater than 500 75 units annually

.- 3

- (30) ( 33 3 4 ) “Low

- permeation fuel line (or supply) hose” means a fuel hos e that does not exceed a 15.0 grams per square meter per day permeation rate on

CE10 fuel at 23o Celsius , as tested per SAE J1527.

(31) ( 34 3 5 ) “Malfunction” means the inability of an emission

- related component or system to remain within design specifications

. Further, malfunction refers to the deterioration of any of the above components or systems to a degree that would

like ly cause the emissions of an aged engine with the deteriorated components or systems present at the beginning of the applicable certification emission test to

exceed the HC+NO

x emission standard by more than 50 percent, unless otherwise specified, as appli cable pursuant to Subchapter 1 (commencing with Section 1900), Chapter 3 of Title 13.

(32) ( 35 3 6 ) “Marine engine manufacturer” means any person engaged in the manufacturing or assembling of new spark

- ignition marine engines or the importing of such engines for resale, or who acts for and is under the control of any such person in connection with the distribution of such engines

. A spark

- ignition marine engine manufacturer does not include any dealer with respect to new spark

- ignition marine engines receive d by such person in

commerce.

(33) ( 36 3 7 ) “Marine warm

- up cycle” means sufficient engine operation such that the coolant temperature has risen by at least 40 degrees Fahrenheit from engine starting and reaches a minimum temperature of at least 140 degrees Fahrenheit.

(34) ( 37 3 8 ) “Marine watercraft” means every description of boat, ship or other artificial contrivance used, or capable of being operated on water.

( 38 3 9 ) “Marinize” means to modify an existing automobile engine to operate reliably in a marine environment. Some typical modifications include upgrading the composition of exhaust components to be more resistive against rust and corrosion, incorporating a water jacket within the exhaust manifolds to reduce temperatures, and providing better insulat ion for electrical contacts that might otherwise be exposed to corrosive sea water.

( 39 40 ) “Maximum Engine Power” means the maximum brake power point on the nominal power curve for the engine configuration. The nominal power curve of an engine configura tion is the relationship between maximum available engine brake power and engine speed for an engine, using the mapping procedures of 40 CFR part 1065, based on the manufacturer’s design and production specifications for the engine. This information may a lso be expressed by a torque curve that relates maximum available engine torque with engine speed. The nominal power curve must be within the range of the actual power curves of production engines considering normal production variability. The power valu e should be rounded to the nearest whole kilowatt. Except as indicated below in paragraphs (A) and (B) of this definition, the m aximum engine power for an engine family is the weighted average value of maximum engine power for each- 4

- engine configuration wi thin the engine family based on the total California production volume of engines produced from the engine family. Alternately:

(A) For outboard or personal watercraft engines, maxi mum engine power

i s the greatest value for maximum engine power from all the different configurations within the engine family to determine the appropriate

emis sion standard under § 2442(a).

(B) For sterndrive/inboard engines, maximum engine power i s the smallest value for maximum engine power from all the different configurat ions within the engine family to determine the standards and other requirements that apply under § 2442(b).

(35) ( 40 41 ) “Maximum Rated Power” means the maximum brake kilowatt output of an engine at rated speed, as stated in the manufacturer’s application f or certification.

( 41 4 2 ) “Maximum Test Speed” means :

( A ) the engine speed during sustained operation with maximum operator

demand when testing other than a two

- stroke engine installed in a vessel,

or

( B ) the same as defined in 40 CFR 1045.501 and 40 CF R 1065.1001 when testing a two

- stroke engine installed in a vessel or any engine on an engine dynamometer

.

For the purposes of laboratory testing, the declared maximum test speed m ust be within 500 revolutions per minute of the measured value for maximum test speed specified in the test procedures.

(36) ( 42 43 ) “Model year” means the engine manufacturer’s annual new model production period which includes January 1 of the calendar year for which the model year is named, ends no later than December 31 of the calendar year, and does not begin earlier than January 2 of the previous calendar year

. Where an engine manufacturer has no annual new model production period, model year means the calendar year.

(37) “New

, ”, for purposes of this Article, means a spark

- i gnition marine engine or watercraft the equitable or legal title to which has never been transferred to an ultimate purchaser. Where the equitable or legal title to the engine or watercraft is not transferred to an ultimate purchaser until after the engin e or watercraft is placed into service, then the engine or watercraft will no longer be new after it is placed into service. A spark

- ignition marine engine or watercraft is placed into service when it is used for its functional purposes. With respect to imported spark

- ignition marine engines or watercraft, the term “new” means an engine or watercraft that is not covered by an Executive Order issued under this Article at the time of importation, and that is manufactured after the effective date of a- 5

- sectio n in this Article which is applicable to such engine or watercraft, or which would be applicable to such engine or watercraft had it been manufactured for importation into the United States.

( 4 3 44 ) “New Propulsion Marine Engine” or “New Engine” or “New,”

– for purposes of this Article, means any of the following:

(A) A freshly manufactured propulsion marine engine for which the ultimate purchaser has never received the equitable or legal title. This kind of engine might commonly be thought of as ‘‘brand new.’’ In the case of this paragraph (A), the engine is new from the time it is produced until the ultimate purchaser receives the title or the product is placed into service, whichever comes first.

(B) An engine intended to be used as a propulsion marin e engine that was originally manufactured as a motor vehicle engine, a nonroad engine that is not a propulsion marine engine, or a stationary engine. In this case, the engine is no longer a motor

- vehicle, nonpropulsion, or stationary engine

and becomes a ‘‘new propulsion marine engine.’’ The engine is no longer new when it is placed into marine service.

(C) A propulsion marine engine that has been previously placed into

service in an exclude d application, where that engine is installed in a vessel subjec t to the requirements of these regulations. The engine is no longer new when it is placed into marine service covered by these regulations. For example, this would apply to an auxiliary marine engine that becomes a propulsion marine engine.

(D) An engin e not covered by paragraphs (A) through (C) of this definition

that is intended to be installed in a new vessel. This generally includes installation of used engines in new vessels. The engine is no longer new when the ultimate purchaser receives a title for the vessel or the product is placed into service, whichever comes first.

(E) An imported marine engine determined by federal regulations to be new per the criteria defined in 40 CFR 1045.801 for imported propulsion marine engines

.

(38) ( 4 4 45 ) “Nonc onformity” or “Noncompliance

, ”

, for purposes of Title 13, California Code of Regulations, section 2444.1, means that:

(A) a significant number, determined by the Executive Officer, of a class of engines, although properly maintained and used, experience a failure of

the same emission

- related component(s) within their useful lives which, if uncorrected, results in the engines’ failure to comply with the emission standards prescribed under section 2442 which are applicable to the model year of such engines; or- 6

- (B) a class of engines that at any time within their useful lives, although properly maintained and used, on average does not comply with the emission standards prescribed under section 2442 which are applicable to the model year of such engines.

( 4 5 4 6 ) “Nontrailerable boat” means a vessel equal to or greater than 8 meters in length and or 2.6 meters or more wide

.

(39) ( 4 6 47 ) “Operating cycle” consists of engine startup, engine run, and engine

shutoff.

(40) ( 4 7 48 ) “Original equipment manufacturer” mean s a manufacturer who purchases engines for installation in its equipment for sale to ultimate purchasers.

(41) ( 4 8 49 ) “Outboard engine” means a spark

- ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, hous es the engine and drive unit external to the hull of the marine watercraft an assembly of a spark

- ignition marine engine and drive unit used to propel a vessel from a properly mounted position external to the hull of the vessel. An outboard drive

unit is partially submerged during operation and can be tilted out of the water

when not in use

.

( 49 50 ) “Personal watercraft” means a vessel less than 4.0 meters (13 feet) in length that uses an installed internal combustion engine powering a water jet pump as it s primary source of propulsion and is designed with no open load carrying area that would retain water. The vessel is designed to be operated by a person or persons positioned on, rather than within the confines of the hull. A vessel using an outboard eng ine as its primary source of propulsion is not a personal watercraft.

(42) ( 5 0 51 ) “Personal watercraft engine” means a spark

- ignition marine engine that does not meet the definition of outboard engine, inboard engine or sterndrive engine, except that the E xecutive Officer may, in his or her discretion, classify a personal watercraft engine as an inboard or sterndrive engine if it is comparable in technology and emissions to an inboard or sterndrive engine a spark

- ignition engine used to propel a personal wa tercraft

.

(43) ( 5 1 5 2 ) “Production

- line tests” are emission tests performed on a sample of production engines produced for sale in California and conducted in accordance with Title 13, California Code of Regulations, section 2446(a).

(53) “Qualified Interm ediate Volume Manufacturer” means an intermediate volume manufacturer whose ratio of standard performance sterndrive/inboard engines to high performance sterndrive/inboard engines is 12 to 1 or greater.

( 5 2 5 4 ) “ R ebuild” or “Rebuilding” ref ers to a major overhaul in which the engine's pistons or power assemblies are replaced or other changes that significantly- 7

- increase the service life of the engine are made . It also includes replacing or rebuilding an engine's turbocharger or aftercooler o r the engine's systems for fuel metering or electronic control so that it significantly increases the service life of the engine. For these provisions, rebuilding may or may not involve removing the engine from the equipment. Rebuilding does not normally include scheduled

emission

- related maintenance that the standard

- setting part Test Procedures

allow s during the useful life period (such as replacing fuel injectors) or

u nscheduled maintenance that occurs commonly within the useful life period.

(44) ( 5 3 5 5 ) “Redline engine speed” means the engine manufacturer recommended maximum engine speed as normally displayed on instrument panel tachometers, or the engine speed at which fuel shutoff occurs.

(45) ( 5 4 5 6 ) “Response rate,” with regards to oxygen sensors, re fers to the delay (measured in milliseconds) between a switch of the sensor from lean to rich or vice versa in response to a change in fuel/air ratio above and below

stoichiometric.

(46) ( 5 5 5 7 ) “Sales” or “Eligible sales” means the actual or calculated sal es of an engine family in California for the purposes of corporate averaging and production

- line testing

. Upon Executive Officer approval, an engine manufacturer may calculate its eligible sales through market analysis of actual federal production or sale s volumes.

(47) ( 5 6 5 8 ) “Scheduled maintenance” means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the engine manufacturer to be performed on a periodic basis to prevent part failure

or marine w atercraft or engine malfunction, or those actions anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate.

( 5 9 ) “ Small Volume Manufacturer” means an engine manufacturer that produ ces high performance and /or standard performance sterndrive/inboard engines for sale in California in combined quantities equal to or less than 75 units annually

.

( 5 7 60 ) “Spark

- ignition” means relating to a gasoline

- fueled engine or any other type of eng ine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle. Spark

- ignition engines usually use a throttle to regulate intake air flow to control power during normal op eration.

(48) ( 5 8 6 1 ) “Spark

- ignition marine engine” or “Spark

- ignition propulsion marine engine” means any engine used to propel a marine watercraft, and which utilizes the spark

- ignition combustion cycle; including, but not limited to personal watercraft, outboard, inboard and sterndrive /inboard engines.- 8

- ( 59 6 2 ) “ Standard Performance Engine” or “Standard Performance SD/I Engine” means a spark

- ignition sterndrive / inboard marine engine with maximum engine power less than or equal to 373 kilowatts.

(49) “S terndrive engine” means a four

- stroke spark

- ignition marine engine not used in a personal watercraft that is designed such that the drive unit is external to the hull of the marine watercraft, while the engine is internal to the hull of the

marine watercra ft.

( 6 0 6 3 ) “Sterndrive/inboard engine” or “sterndrive/inboard marine engine” means a spark

- ignition engine that is used to propel a vessel, but is not an outboard engine or a personal watercraft engine. This includes engines on propeller
driven vessels, jet boats, air boats, and hovercraft.

(50) ( 6 1 6 4 ) “Test engine” means the engine or group of engines that an engine manufacturer uses during certification, production

- line and in

- use testing to determine compliance with emission standards.

(51) ( 6 2 6 5 ) “Tes t Procedures” means the document entitled “California Exhaust

Emission Standards and Test Procedures for 2001 Model Year and Later Spark

- Ignition Marine Engines,” which includes the standards and test procedures applicable to 2001 and later spark

- ignition personal watercraft,
outboard, inboard and sterndrive /inboard marine engines, as adopted October
21, 1999, and as last amended September 22, 2006 [insert date]

. This document is incorporated by reference herein.

(52) ( 6 3 6 6 ) “Ultimate purchaser” means, with respect to any new spark

- ignition marine engine, the first person who in good faith purchases such new spark

- ignition marine engine for purposes other than resale.

(53) ( 6 4 6 7 ) “U.S.C.” means United States Code.

(54) ( 6 5 6 8 ) “Used solely for competition” me ans exhibiting features that are not easily removed and that would render its use other than in competition unsafe, impractical, or highly unlikely.

(55) ( 6 6 6 9 8 ) “Useful life” for spark

- ignition marine engines means nine years for personal watercraft engin es and sixteen years for outboard, sterndrive, and

sterndrive/ inboard engines.

(56) ( 6 7 70 ) “Warranty period” means the period of time the engine or part is covered by the warranty provisions.

(57) ( 6 8 7 1 ) “Warranty station” means any dealer, service center or other agent that is authorized by the engine manufacturer to perform diagnostic labor, repairs or replacements of warranted engine components.- 9

- NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150

- 43154,

43205.5 and 43210

- 43212, Health and Safety Code.- 10

- § 2442

. Emission Standards.

(a) Model year 2001 and later model year spark

- ignition personal watercraft

and outboard marine en gines:

(1) Exhaust emissions from new spark

- ignition marine engines manufactured for sale, sold, or offered for sale in California, or that are introduced, delivered or imported into California for introduction into commerce must not exceed the hydrocarbon pl us oxides of nitrogen (HC+NO

x ) exhaust emission standards listed in Table 1 .1 nor the carbon monoxide (CO) exhaust emission standards listed in

Table 1.2 during its designated useful life:

Table 1. 1

Article I. Corporate Average Emission Standards by Implementatio n Date

HC+NO
x (g/kW

- hr)

Model Year Max

. Family

Emission Limit (FEL) P tx < 4.3 kW 1 P tx ≥ 4.3 kW 1

2001

- 2003 Not Applicable 81.00 (0.25 × (151+557/P tx 0.9 )) + 6.0

2004

- 2007 80 64.80 (0.20 × (151+557/P tx 0.9 )) + 4.8

2008 and Later 2 44 30.00 (0.09 × (151+557/P tx 0.9 )) + 2.1

1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maximum engine power ; otherwise maximum rated power may be used.

2

. For 20 10 and subsequent model years, standards are measured in t otal h ydrocarbon s p lus o xides of n itrogen.- 11

- Table 1.2

Outboard and Personal Watercraft Carbon Monoxide Standards

ENGINE

CATEGORY MODEL YEAR POWER

CATEGORY a

[kilowatts] CO STANDARD
[grams per kilowatt

- hour]

OB/PWC b 2009 2010 and

later kW ≤ 40 500

- 5 x P c

kW > 40 300.0

a For 2010 and subsequent model years

, an engine or engine family’s power category is based on m aximum engine power ; otherwise maximum rated power may be used.

b Abbreviation for “ Outboard and Personal Water Craft ” engines

c P is defined as m aximum r ated p ower or m aximum e ngine p ower (see footnote a) in kilowatts (kW)

where:

P tx is the average power in kilowatts (kW) (sales

- weighted) of the total number of spark

- ignition marine engines produced for sale in California in model year x

. Engine power must be calculated using the Society of Automotive Engineers (SAE) standard J1228, November 1991, incorporated herein by reference

. Engine

manufacturers must not determine P tx by combining the power
output s of outboard engines with the power outputs of personal watercraft engines.

(2) An engine manufacturer may comply with the standards directly on an individual engine family basis

. Consequently in Table 1 .1 , FELs are not applicable for any model year and P tx means the average power in kW (sales

- weighted) of the subject engine family produced for sale in California in model year x.

Compliance with the HC+NOx standards on a corporate average

basis is determined as follows:

ca n

j jx jx n

j jx jx jx
STD

P PROD P FEL PROD

= 

## ∑ ∑

=

=

1

1

) )( ( ) )( )( (

where:

n = T otal number of engine families (by category)

PROD jx = N umber of units each engine family j produced for sale in California in model year x.- 12

- FEL jx = T he Family Emission Limit (FEL) for engine family j in

model year x, which must be determined by the engi ne manufacturer subject to the following

conditions: (1) no individual engine family FEL shall exceed the maximum allowed value as specified in

Table 1 .1 ; (2) no engine family designation or FEL shall be amended in a model year unless the engine family is recertified; and (3) prior to sale or offering for sale in California, each engine family must be certified in accordance with the test procedures referenced in section 2447 and must meet the engine

manufacturer’s FEL as a condition of the Executive

Order

. Before certification, the engine manufacturer must also submit estimated production volumes for each engine family to be offered for sale in California.

P jx = The average power in kW (sales

- weighted) of engine family j produced for sale in California in model year

x

. Engine power must be calculated using SAE standard J1228, November 1991, incorporated herein by reference.

STD
ca = An engine manufacturer’s calculated corporate average HC+NO

x exhaust emissions from those California spark

- ignition marine e ngines subject to the California corporate average HC+NO

x exhaust

emission standard determined from Table 1 .1 , as established by an Executive Order certifying the California production for the model year

. This Executive Order must be obtained prior to the

issuance of certification Executive Orders for individual engine families for the model year.

(A) For purposes of compliance under this paragraph, engine manufacturers must not corporate average outboard engine families in combination with personal watercraf t engine

families.

(B) During the engine manufacturer’s production year, for each engine family, the engine manufacturer shall provide the Executive Officer within 45 days after the last day in each calendar quarter the total number of spark

- ignition marine

e ngines produced for sale in California and their applicable FEL(s).

(C) The Executive Order certifying the California production for a model year must be obtained prior to the issuance of- 13

- certification Executive Orders for individual engine families

for the m odel year.

(D) The engine manufacturer’s average HC+NO

x exhaust emissions must meet the corporate average standard at the end of the engine manufacturer’s production for the model

year

. At the end of the model year, the manufacturer must

calculate a correcte d corporate average using sales or eligible sales rather than projected sales.

(E) Production and sale of spark

- ignition marine engines that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subje ct to: revocation or suspension of Executive Orders for the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies available under Part 5, Division 26 of the Health and Safety Code

. B efore seeking remedial action against the engine manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer.

(F) Fo r each model, the engine manufacturer shall submit California sales data ninety (90) days after the end of the model year.

(b) Model year 2003 and later model year spark

- ignition inboard and

sterndrive sterndrive/inboard marine engines:

(1) Exhaust emissions fro m all new model year 2003 and later spark

- ignition inboard and sterndrive sterndrive/inboard marine engines must not exceed the exhaust emission standards listed in

Table 2 .1 (a) for standard performance engines and /or 2.1(b) for high performance engines, f or the designated emission durability test period

.

(A) Prior to Model Year 2007 certification, each engine manufacturer must select either Op tion 1 (OPT 1) or Option 2 (OPT 2) for its entire production of standard performance engines for the 2007 and 2008 m odel years.- 14

- Table 2. 1(a)

Standard Performance Inboard/ Sterndrive /Inboard Marine Engine Standards

MODEL

YEAR RATED

POWER

CATEGORY 1 COMPLIANCE

OPTION 1 2 DURABILITY EXHAUST STANDARD S
SUPPLEMENTAL

MEASURE 4 5 NM HC 2 3 +NOx TYPE 3 4 CO

[kilowatts] [hours / years] [grams per kilowatt

- hour] [grams per

kilowatt

- hour] 2003

-

2006 kW ≤ 373 N/A N/A 16.0 AVE 6

N/A None

2007 kW ≤ 373 OPT 1 N/A 16.0 (55%) AVE 6

None 480 / 10 5.0 (45%) FIXED

OPT 2 N/A 14.0 FIXED Low

- Permeation

Fuel Line Hoses

2008 kW ≤ 373 OPT 1 N/A 16.0 (25%) AVE 6

None 480 / 10 5.0 (75%) FIXED

OPT 2 480 / 10 5.0 FIXED Low

- Permeation

Fuel Line Hoses

2009

and later kW ≤ 373

N/A 480 / 10 5.0 6 ,7,8 FIXED 75.0 7,9

Carryover 7 10 373 < kW ≤

485 150 5 / 3 5.0 6 AVE

kW > 485 50 5 / 1 5.0 6 AVE

Notes:

1. For 2010 and subsequent model years, an engine o r engine family’s power category is based on maximum engine power; otherwise maximum rated power may be used

1 2 . Once a manufacturer has chosen an option, that option must continue to be used exclusively across product lines

2 3

. The non

- methane compone nt of hydrocarbon For 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of nitrogen; however, the non

methane component of hydrocarbon may be substituted in prior years

3 4 . Corporate averaging (AVE) may be used to d emonstrate compliance with the exhaust emission standard, except where a FIXED standard is required

4 5 . Supplemental measures may be different than shown, but must provide equal and verifiable emission reductions to those ind icated 5. For the purpose o f durability testing, engine components that have been approved with an hourly warranty period shorter than the full hourly d urability period per § 2445.1 (c)(3)(C)4. may be replaced at the specified warranty interval 6. The corporate average calculatio n may be met with or without power weighting for these years

6 7

. All engines ≤ 373 kW must meet a 5.0 g/kW

- hr NMHC+NOx capping standard. For engines > 373 kW, the standard may be met by sales

- averaging with engines equal to or less

than 373 kW A single e ngine family certified under the discontinuation allowance in Title 13, California Code of Regulations, § 2442(g)(2) may continue to meet current certification levels for HC+NOx and no more than 150 g/kW

- hr for CO over the engine’s useful life provided tha t the manufacturer certifying such an engine family also certifies one or more engine families to family emissions limits sufficiently low to enable compliance on a corporate average basis 8. Large volume dual category manufacturers that produce high per formance engines and qualified intermediate volume manufacturers are required to certify one or more engine families to a family emissions limit lower than the HC+NOx standard when complying with high performance engines on a corporate average basis

9. S tandard performance engines ≥ 6.0 liter displacement may alternatively meet a 25 g/kW

- hr standard for Modes 2

- 5 of the ISO 8178

- 4 E4 marine test cycle

7 10 . The same or better supplemental emission control hardware used to meet the standard comply in 2007 must be used every model year thereafter and all fuel hoses (i.e., not just the fuel line hose) must be low

- permeation hoses

(B) At the time of, or prior to, M m odel Y y ear 2009 certification

, each L l arge V v olume Dual Category M m anufacturer that intends to pr oduce high performance engines or qualified

intermediate volume manufacturer must declare whether it will comply with the high performance exhaust standard of 5.0 g/kW

- hr HC+NOx through averaging or whether it will comply with the less stringent small volu me high performance HC+NOx exhaust standard through the incorporation of enhanced evaporative control systems on vessels using standard performance engines for 2009 and subsequent model year engine production.- 15

- Table 2.1(b) High Performance Sterndrive/Inbo ard Marine Engine Standards

MODEL

YEAR POWER a

CATEGORY

[kilowatts] DURABILITY

[hours / years] HC b +NOx

STANDARD

[grams per kilowatt

- hour] CO

STANDARD

[grams per

kilowatt

- hour] Small Volume or Large Volume Single Category

Manufacturers or Intermediate

V olume Manufacturer s that are

not Q ualified I ntermediate

V olume M anufacturers Large Volume Dual Category

or Qualified

Intermediate

Volume

Manufacturer

2009

- 2010 373 < kW ≤ 485
150 c / 3 16.0 c d

5.0 d e 350.0 c d

kW > 485 25.0 c d

2011

and later 373 < k W ≤ 485
50 c / 1 16.0 c d

5.0 d e 350.0 c d

kW > 485 22.0 c d

a For 2010 and subsequent model years, an engine or engine family’s power category is based on maximum engine power; otherwise maximum rated power may be used b For 2010 and subsequent model ye ars, standards are measured in total hydrocarbons plus oxides of nitrogen ; however, the non

- methane component of hydrocarbon may be substituted in prior years

c For the purpose of durability testing, engine components that have been approved with an hour ly warranty period shorter than the full hourly durability period per § 2445.1 (c)(3)(C)4. may be replaced at the specified warranty interval

c d These standards are fixed except that e ngine families certified under the discontinuation allowance in Title 13, California Code of Regulations, § 2442(g)(2) may continue to meet current certification levels for HC+NOx over the engine’s useful life provided that the manuf acturer certifying such an engine family also certifies one or more engine families to family emissions limits sufficiently low to enable compliance on a corporate average basis

d e This standard may be met on a corporate average basis between high performance engines and/or between standard performance and high performance engines. Alternately, large volume dual category manufacturers that produce high performance engines and qualified intermediate

volume manufacturers may comply with the exhaust standards for small volume manufacturers provided a sufficient number of vessels with the

manufactur er’s standard performance engines are equipped with enhanced evaporative control systems as noted in Title 13, California Code of Regulations, § 2442(b)(5). Manufacturers must declare their intent to use this alternative prior to certifying engines for th e 2009 model year and

must continue to certify future model year engines using this alternat ive exclusively across product lines

(C) No crankcase emissions shall be discharged into the ambient atmosphere from 2003 and later spark

- ignition

inboard and sterndr ive /inboard marine engines.

(D) Production and sale of spark

- ignition marine engines that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive Orders for the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies available

under Part 5 , Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer.

(E) For each engine family, the engine manufacturer shall

submit the total number of engines produced for sale in- 16

- California, or the total number of engines produced for sale nationally, ninety (90) days after the end of the model year.

(2) Evaporative Requirements for All High Performance E ngine

M anufacturers and B oat M anufacturers:

(A) For 2009 and subsequent model year engines, e ach engine manufacturer must provide written instructions, as part of the installation materials provided to boat manufacturers , to use enhanced evaporative control systems on any boat that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into California for

introduction into commerce. The engine manufacturer shall also provide evidence that the supplier (s) of the enhanced

evapor ative control system has designed the system components to meet or exceed the diurnal and permeation design specifications listed in Table 2.2 throughout the

useful life of the engine.

Table 2.2 Sterndrive/Inboard Marine Evaporative Design Specifications

PERMEATION

STANDARDS 1

[grams per square meter per day] DIURNAL

STANDARD 2

[grams per gallon per day] TEST

TEMPERATURE S

[degrees Celsius]

Fuel Hose s 15.0

— 23 ± 2

Fuel Tank 1.5

— 28 ± 2

Trailerable Boat

— 0.40 25.6

– 32.2

Nontrailerable Boat

— 0 .16 27.6

– 30.2

1. Fuel hose s and tank permeation testing requires fuel with 10% ethanol content. 2. Diurnal testing requires fuel with 9 pounds per square inch (psi) Reid Vapor Pressure volatility and a 24

- hour fuel temperature cycle.

(B) For 2009 and subs equent model year engines, e ach boat

manufacturer must install an enhanced evaporative control
system o n every boat that is manufactured for sale, sold, or

offered for sale in California that uses a high performance engine

.

(3) (2) Compliance with the standa rds on a corporate averaging basis

is calculated as follows:

Average Corporate

PROD EL PROD

n

j jx n

j jx jx

= 

## ∑ ∑

=

=

1 1

) ( ) )( (- 17

- Average Corporate
) P )( PROD ( ) P )( EL )( PROD (

n

1 j jx jx n

1 j jx jx jx

= 

## ∑ ∑

= =

where:

n = Total number of engine families available for averaging

PROD jx = Number of engines in engine family j produced for

sale in Californi a in model year x.

EL jx = The measured NM HC+NOx emission levels for engine family j in model year x ; or for engines > 485 kW, the manufacturer may choose to use 30 g/kW

- hr as per paragraph (F) below

.

P jx = The average power in kW (sales

- weighted) of engi ne family j produced for sale in California in model year x. Engine power must be calculated using SAE standard J1228, November 1991, incorporated herein by reference. (A) During the engine manufacturer’s production year, for each engine family, the engine m anufacturer shall provide the Executive Officer within 45 days after the last day in each calendar quarter the total number of spark

- ignition marine engines produced for sale in California and their applicable EL(s).

(B) The Executive Order certifying the Cal ifornia production for a model year must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year.

(C) The engine manufacturer’s average NM HC+NO

x exhaust emissions must meet the corporate average st andard at the end of the engine manufacturer’s production for the model

year

. At the end of the model year, the manufacturer must calculate a corrected corporate average using sales or eligible sales rather than projected sales.

(D) Production and sale of sp ark

- ignition marine engines that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive Orders for- 18

- the applicable engine families; enjoinment from a ny further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies available under Part 5, Division 26 of the Health and Safety Code

. Before s eeking remedial action against the engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer.

(E) For each engine family, the engine manufacturer shall submit California sales data within one hundred eighty ( 180) days after the end of the model year.

(F) Engines exceeding 485 kilowatts maximum rated power: In lieu of exhaust emission testing, manufacturers may certify using a default exhaust emissions level of 30.0 grams per

kilowatt

- hour of NMHC+NO

x in their corporate averaging

calculation. (3)

(4) Alternat e Requirements for Standard Performance Manufacturers :

(A) Requirements of engine manufacturers and boat manufacturers under Option 2 and using Low Permeation

Fuel Line Hose:

(A)

1. Each engine manufacturer that chooses Option 2 must provide written instructions, as part of the installation materials provided to purchasers of the engine, to use Low Permeation Fuel Line Hose for the primary fuel line connecting the fuel tank to the engine of any boat that is

manufa ctured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported

into California for introduction into commerce.

(B)

2. Each boat manufacturer must install Low Permeation Fuel Line Hose for the primary fuel line connecti ng the fuel tank to the engine of any boat that is manufactured for sale, sold, or offered for sale in California that uses an engine from a manufacturer that chooses Option 2.

(4) (B) Supplemental Measures

. Prior to Model Year 2007 certification, manufa cturers choosing Option 2 may request Executive Officer approval of a supplemental measure as an alternative to meeting the requirements of paragraph (b)(3)

.- 19

- In determining whether to approve a request, the Executive Officer will consider the following:

(A) 1. Whether the proposed supplemental measure would

achieve reductions in NM HC+NO

x equivalent to using

Low

- Permeation Fuel Line Hoses,

(B) 2. The engine manufacturer’s measures to ensure successful implementation of the proposed supplemental

measure,

(C) 3. The durability of the proposed supplemental measure,

and

(D) 4. Any additional information the Executive Officer deems

relevant.

(5) Alternate Requirements for Large Volume Dual Category and
Qualified Intermediate Volume Manufacturer s

.

In lieu of c omplying with the 5.0 g/kW

- hr HC+NOx exhaust standard in Table 2.1(b) for high performance engines

, a large volume dual
category or qualified intermediate volume engine manufacturer s may certify high performance engines to the same HC+NOx

exhaust standards as required for small volume manufacturers in Table 2.1(b) provided that they do either (A) or (B) :

(A) The manufacturer e nsures that a sufficient number of boats using standard performance engines are equipped with enhanced evaporative control systems to fully compensate for the change in

emission benefits from allowing compliance to the less stringent

standard

. Unless a lower percentage is demonstrated sufficient by the certifying manufacturer , a minimum of fifteen percent annually

of the l arge volum e dual category m anufacturer ’s standard performance engine production for California must be installed in boats equipped with enhanced evaporative control systems. Beginning with the 2009 model year and for all model years

thereafter , the following would apply :

A. 1

. Each engine manufacturer must provide written instructions, as part of the installation materials provided to purchasers of the engine, to use enhanced evaporative control systems on any boat that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into California for introduction into

commerce that uses a standard performance engine intended to qualify the engine manufacturer to certify its high performance engines using the HC+NOx st andards- 20

- intended for small volume high performance manufacturers in Table 2.1(b) of this section

. The engine manufacturer shall also provide evidence that the supplier(s) of the enhanced evaporative control system has designed the
system components to mee t or exceed the diurnal and permeation design specifications listed in Table 2.2 throughout the useful life of the engine.

B 2

. Each boat manufacturer shall must install an enhanced evaporative control system o n every boat that is manufactured for sale, so ld, or offered for sale in California that uses a standard performance engine intended to qualify the engine manufacturer to certify its high performance engines using the HC+NOx standards intended for small volume high performance manufacturers in Table 2 .1(b) of

this section

.

( B ) The manufacturer r educes by other means emissions sufficient to fully compensate for the change in emission benefits from allowing compliance to the less stringent standard.

1. T he manufacturer must submit a plan prior to

cer tification of any high performance engine family . The Executive Officer must approve a plan before certifying any of the manufacturer’s engine families. To be approved, the plan must meet the following criteria:

i

. The total emissions benefit of the mea sures must provide reductions equivalent to the 5.0 g/kw

- hr

HC+NOX standard.

ii

. The emissions reductions achieved from the

measures must be verifiable.

iii

. The measures must be enforceable.

iv

. Except as allowed by Sections 2442 (g) (2), or 2442 (g) (3 ), no engine families can exceed the emissions standards in 2442 (b).

v

. The plan must include backstop provisions to

be followed in the event that a measure or measures are not able to be fully implemented.

2

. If the manufacturer does not implement the plan as approved, the Executive Officer may rescind certification of the affected engine families until a revised plan is approved.

( c ) Not

- to

- Exceed (NTE) Limits

(RESERVED)- 21

- {Note to commenters: Upon promulgation by the United States

Environmen tal Protection Agency of Not

- to

- Exceed (N TE ) requirements for spark

- ignition marine engines , the Executive Officer shall have the authority to adopt the same NTE requirements for California ; such that

, for engines subject to these regulations, California w ould have full authority

to enforce the NTE limits independently of the federal government

. The federal NTE proposal can be found at "Control of Emissions from Nonroad Spark

- Ignition Engines and Equipment," Federal Register Volume 76, Number 92, Friday, May 18, 2007, 28098, at pages 28279

- 28281, as discussed at pp. 28121

- 28124 . There will be no additional demonstrations of NTE compliance unique to California beyond those of

the federa l l y promulgated requirements .}

( d ) Voluntary Standards. Model Year 20 09 and later spark

- ignition marine engines:

(1) Manufacturers may voluntarily certify their engines to the full useful life exhaust and evaporative emission standards in Table 3 below

.

(2) Marine vessels powered by engines certified to the voluntary stan dards

in Table 3 below and equipped with a fully compliant OBD

- M system (see § 2444.2) shall display a five

- star consumer/environmental emission label (see § 2443.2 and § 2443.3 ).

Table 3

- Voluntary Standards

HC 1 +NO
X STANDARD

[grams per

kilowatt

- hour] C O

STANDARD

[grams per

kilowatt

- hour] PERMEATION

STANDARDS
[grams per square meter per day] DIURNAL

STANDARD 2

[grams per gallon per day] Hose 3 Tank 4

2.50 50.0 15.0 1.5 0.4

1. The exhaust standard includes total hydrocarbons

2. Diurnal testing assu mes a trailerable boat and requires fuel with 9 pounds per square inch (psi) volatility

and a 24 hour fuel temperature cycle of 25.6 to 32.2 o Celsius

3 Fuel line permeation testing requires gasoline fuel with 10% ethanol content and must be perfor med at a test temperature of 23 ± 2 o Celsius

4 Fuel tank permeation testing requires gasoline fuel with 10% ethanol content and must be performed at

a test temperature of 28 ± 2 o Celsius

(3) Spark

- ignition marine engines certified to the v oluntary s tandards are subject to the same in

- use compliance and recall requirements as engines certified to the required exhaust and evaporative standards.

( e ) New Replacement Engine Requirements for Engine Manufacturers

. A new spark

- ignition marine eng ine produced solely to replace an engine originally manufactured in accordance with the requirements of § 2422

shall be identical in specifications to the most stringent certified emissions configuration currently available that can be installed in a vesse l or personal watercraft without unreasonable modifications

, as determined by- 22

- the Executive Officer

. A new replacement engine with emissions performance less than maximum stringency shall be allowed only if all engines of greater stringency are incompatib le with the vessel or personal

watercraft and so long as the emissions performance of the new replacement engine is at least as stringent as that of the engine being replaced

. New r eplacement engines that do not comply with current year emission requireme nts must be labeled as follows:

“ SALE OR INSTALLATION OF THIS ENGINE FOR A NY

PURPOSE OTHER THAN T O REPLACE AN ENGINE OF

SIMILAR OR LESS STRI NGENT EMISSIONS

PERFORMANCE IS A VIOLATION OF CALIF ORNIA LAW

SUBJECT TO CIVIL PEN ALTY.”

(c) ( f ) The test equipment and test procedures for determining compliance with these standards are set forth in Parts III and IV, respectively, of the “Test

Procedures.”

(g) Special Provisions for Engine and/or Vessel Manufacturers

(1) Jet Boat Engines

(A) Jet boat engine families previo usly certified to the HC+NOx

standards for ou tboard engines and personal watercraft in § 2442(a) may continue to be certified to th ose standards

until 2012 with the addition al requirement for 2009 and subsequent model years to comply with the applicable

ca rbon monoxide standards for OB/PWC engines in Table

1.2

.

(B) Beginning in 2010, all new jet boat engine families shall comply with the standards for sterndrive/ outboard inboard engines in § 2442 (b) upon introduction, except that the se new jet boat engine families may be cross

- category

averag ed with any other jet boat or personal watercraft engine family to comply with th ose standards until 2012.

1. Notwithstanding subparagraph 2. below, a n e ngine famil y certified to the § 2442 (a) standards prior to 2 010 , but n ot previously use d in a jet boat application would be considered

a new jet boat engine famil y in 2010

.

2

. Replacements for discontinued jet boat engine families.

I n 2010 and 2011, i f a jet boat engine certified to the § 2442 (a) standards pri or to 2010 is discontinued, the manufacturer may introduce a replacement engine family that complies

with the § 2442 (a) standards , provided that the replacement- 23

- engine family is certified to an FEL at or below the certified

emissions level of the family i t replaces.

(C) Jet boat engines previously certified in the same engine family with per sonal watercraft engines must be certified separately and to a unique engine family beginning in 2010

2012.

, if new, or All other jet boat engines, including repla cements for discontinued jet boat engine families, must be certified separately and to a unique engine family beginning in 2010 2012 otherwise

.

(D) The OBD

- M requirements in § 2444.2 would apply to new jet boat engine families in 2010 and to all j et boat engine

families in 2012

.

(2) Discontinuation of Marinized Sterndrive/Inboard E ngines

.

Sterndrive/inboard engine manufacturers who marinize base engines produced by another manufacturer may request a discontinuation allowance from the Executive Officer, su bject to the following:

(A) T he base engine manufacturer has announced that it plans

to discontinue the base engine.

(B) Each marinizer may have a discontinuation allowance for only one engine family in effect at any time. As an alternative to the “one engine family” stipulation, manufacturers may petition the Executive Officer to allow a modified grouping of engines based on factors that logically link the engines to be discontinued including, but not necessarily limited to, the pre

- marinized base configuratio n of the engine s ( e

. g ., the same base engine offered in one family with fuel injection and another family with carburetion)

.

(C) The discontinuation allowance would allow the marinizing manufacturer to continue to certify the engine family to be

discontinued to emission levels that are less stringent than

the standards otherwise required for sterndrive/inboard engines in § 2442 (b) for a total of four model years

, provided that on a corporate average basis, the

manufacture r meets the required standards in § 24 42 (b)

.

(D) Manufacturers shall not c ertif y engine families to emission levels less stringent than those in effect for previous model year versions of the same or similar engine family

. F luctuations in certification levels from year to year due to
component variation would not violate this p rohibition unless- 24

- the fluctuations result in an exceedance of the standards to which the engine family was previously certified

.

(E) Manufacturers shall comply with all applicable OBD

- M and evaporative requirements in effect for:

1. any previously uncertified engine family certified for the

first time under paragraph (g) (2) of this section to emission levels that are less stringent than the standards otherwise required for sterndrive/inboard engines in § 2442 (b) ; and

2. any curre nt production engine family that has previously

been certified with OBD

- M or evaporative systems

.

(F) The applicable requirements of § § 2442(b)( 3 ) , 2443.1, and

2443.2 , including averaging, records keeping, reporting, and labeling, shall be applicable to m anuf acturer s employing the

discontinuation allowance provisions of this paragraph (g)(2)

.

(3) General Hardship Relief Provision

M anufacturers may petition the Executive Officer at any time to issue temporary relief from any of the requirements of this Article

th at would result in extreme financial or technical hardship to the

manufacturer . The Executive Officer shall consider the following in determining whether or not to grant the manufacturer’s request for

relief and the extent to which relief is provided :

(A) Th e manufacturer could not have reasonably anticipated the situation for which relief is requested and has substantiated

that the circumstances resulting in the hardship w ere beyond

its control to avert; and

(B) The manufacturer has exhausted a ll existing relie f provisions in trying to remedy the situation; and

(C) The manufacturer has proposed a n effective

, i mplementable

, and enforceable plan to make up for any emission benefits

that would be lost should the requested relief be provided.

(4) Executive Officer Discr etion for Technical Changes.

The Executive Officer may revise or incorporate specific technical requirements with respect to the test procedures incorporated at § 2441(a)(58) of these regulations. For the purposes of this subparagraph (4), “ technical requ irements ” include s revisions to test procedures, test methodology, or any requirement to enhance- 25

- alignment with similar federal regulations promulgated after the
amendments to this Article 4.7, as noticed June 6, 2008, are adopted. Such t echnical requirem ents shall be electronically

noticed to listserv subscribers

, shall be made available to the public via appropriate ARB webpage postings , and shall be noticed in the California Regulatory Notice Register. Such technical requirements

will become effective 30 days after notice, unless any person

notifies the Executive Offi c er in writing that they object to any part of the technical requirements noticed.

( h ) Practices for Rebuilding Engines . The rebuilding practices described in

Part I, Section 7 of the in corporated test procedures shall apply to all spark

- ignition marine engines subject to the requirements of § 2422 that are rebuilt after December 31, 2009, including those engines that were originally manufactured on, or prior to, December 31, 2009.

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150

- 43154,

43205.5 and 43210

- 43212, Health and Safety Code.