1 State of California

AIR RESOURCES BOARD

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROC EDURES FOR NEW 2000 AND LATER TIER 1, TIER 2, AND TIER 3 O FF-ROAD

COMPRESSION-IGNITION ENGINES

PART I-B

Adopted: January 28, 2000 Amended: October 20, 2005

NOTE : This document incorporates by reference 40 Code of Federal

Regulations (CFR) part 89, subparts A, B, C, D, E, F, G, H, I, J, and K, including Appendix A to subpart A, Appendix A an d B to subpart E, and Appendix A to subpart F, as most recently am ended July 13, 2005, and 40 CFR Part 85, Subpart T and 40 CFR Part 86, Subparts A, D, I, and N. This document is printed in a style to indicate changes from the existing provisions. All existing language is indicated by plain type. All additions to langu age are indicated by

underlined text. All deletions to language are indicated by strikeout

. Only those portions containing the suggested modifi cations from the existing provisions are included. Sections tha t have been included in their entirety are set forth with the s ection number and title. California provisions that replace specific federal language provisions are denoted by the words “DELETE” for th e federal language and “REPLACE WITH” or “ADD” for the Califo rnia 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, unchanged. CFR sections that are not listed are not part of the test proced ures. If there is any conflict between the provisions of this document an d the California Health and Safety Code, Division 26, or Title 13 of the California Code of Regulations, the Health and Safety Code and Title 13 apply.2 Table of Contents Page

Subpart A. General 3

Subpart B. Emission Standards and Certification Pro visions 9

Subpart C. Averaging, Banking and Trading Provision s 17

Subpart D. Emission Test Equipment Provisions 19

Subpart E. Exhaust Emission Test Procedures 22

Subpart F. Selective Enforcement Auditing 25

Subpart G. Importation of Nonconforming Nonroad Eng ines 28

Subpart H. Recall Regulations 30

Subpart I. Emission Defect Reporting Requirements 31

Subpart J. Exemption Provisions 32

Subpart K. General Enforcement Provisions and Prohi bited Acts 343

CALIFORNIA EMISSION STANDARDS AND TEST PROCEDURES FOR NEW 2000 AND LATER TIER 1, TIER 2, AND TIER 3 O FF-ROAD

COMPRESSION-IGNITION ENGINES

The following provisions of Part 89, Title 40, Code of Federal Regulations, as adopted or amended by the U. S. Environmental Prote ction Agency on the date listed, are adopted and incorporated herein by this reference for 2000 model year and later off-road compression-ignition engines sub ject to the requirements of the California Code of Regulations, Title 13, Section 2 423(b)(1)(A), as the California

Emission Standards and Test Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, e xcept as altered or replaced by the provisions set forth below.

Part 89 – CONTROL OF EMISSIONS FROM NEW AND IN-USE NONROAD

COMPRESSION-IGNITION ENGINES

SOURCE: 63 FR 56967, October 23, 1998, and as amend ed in 69 FR 38957, June 29, 2004, and 70 FR 40444, July 13, 2005, unle ss otherwise noted.

Subpart A – General.

89.1 Applicability.

* * * * *

(b)(6) DELETE,

REPLACE WITH: Tier 4 Engines . This part is not applicable to engines that are subject to the emission standards in the California Code of Regula tions, Title 13, Section 2423(b)(1)(B).

(c) DELETE,

REPLACE WITH: As an alternative to the otherwise applicable requi rements of the California Code of Regulations, Title 13, Section 2430 (et. seq.), manufacturers of off-road liquefied petroleum gas or natural gas spark-igniti on engines with rated power greater than or equal to 250 kilowatts may instead obtain an Executive Order for these engines by certifying them to the requirement s of the California Code of Regulations, Title 13, Section 2420 (et. seq.), and these 2000 Plus Limited Test

Procedures.4

89.2 Definitions.

ADD: 40 CFR part 1039 means Part 1039 and applicable sub parts of the “2008 and

Later Test Procedures” when referenced in unrevised sections.

ADD: 40 CFR part 1065 means Part 1065 and applicable sub parts of the “2008 and

Later Test Procedures” when referenced in unrevised sections.

ADD: 40 CFR part 1068 means Part 1068 and applicable sub parts of the “2008 and Later Test procedures” when referenced in unrevised sections.

* * * * *

“Act” DELETE.

* * * * *

“Administrator” DELETE,

REPLACE WITH:

“Administrator” means the Executive Officer of the Air Resources Board (or the Executive Officer’s designee).

* * * * *

ADD:

“ARB” means the California Air Resources Board.

ADD:

“Assistant Administrator for Air and Radiation” mea ns the Executive Officer of the Air Resources Board (or the Executive Officer’s des ignee).

ADD:

“Assistant Administrator for Enforcement” means the Executive Officer of the Air Resources Board (or the Executive Officer’s designe e).

* * * * *

ADD: “Certificate of conformity” means an Executive Orde r issued in accordance with the California Health and Safety Code, Division 26, Part 5.5

“Certification” DELETE,

REPLACE WITH: “Certification” means, with respect to new off-road compression-ignition engines, obtaining an Executive Order for an engine family c omplying with the off-road engine emission standards and requirements specifie d in the California Code of Regulations, Title 13, Section 2423.

ADD: “Certified configuration” or “certified emissions c onfiguration” means the assembled state of an engine that is equipped with a complete set of emission-related components and systems that are eq uivalent from an emissions standpoint (i.e., tolerances, calibrations, and spe cifications) to those components and systems that (A) were originally installed on t he engine when it was issued an Executive Order, (B) have been approved by the e ngine manufacturer to supersede any of the original emission-related comp onents and systems for that engine, or (C) are direct replacement parts equalin g or exceeding the emissions-related performance of the original or su perseded components and
systems.

ADD: “Chief, Selective Enforcement Auditing Section” mea ns Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, California 91731.

ADD:

“Clean Air Act” or the “Act” means California Healt h and Safety Code, Division 26, and corresponding regulations, except where the context indicates otherwise.

“Compression-ignition” DELETE,

REPLACE WITH: “Compression-ignition engine” means a type of engin e with operating characteristics significantly similar to the theore tical Diesel combustion cycle. The non-use of a throttle to regulate intake flow f or controlling power during normal operation is indicative of a compression-ign ition engine. A compressionignition engine may be petroleum-fueled (i.e., dies el-fueled) or alternate-fueled. All engines and equipment that fall within the scop e of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act (42 U.S.C . 7543(e)(1)(A)), as amended, and as defined by regulation of the Environmental P rotection Agency, are specifically not included within this category.

* * * * *

ADD: “Director, Engine Programs and Compliance Division” or “Engine Programs and Compliance Division of the EPA” means Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, California 91731.6

“EPA enforcement officer” DELETE,

REPLACE WITH:

“EPA enforcement officer” means an “ARB enforcement officer,” (or “ARB”) which means any employee of the Air Resources Board so de signated in writing by the Executive Officer of the Air Resources Board or by the Executive Officer’s designee.

* * * * *

“Model year” DELETE,

REPLACE WITH: “Model year” means the manufacturer’s annual produc tion period, which includes January 1 of a calendar year or if the manufacturer has no annual production period, the calendar year.

“Nonroad engine” DELETE,

REPLACE WITH: “Nonroad engine” means an off-road compression-igni tion engine.

“Nonroad equipment” DELETE,

REPLACE WITH: “Nonroad equipment” means equipment powered by off- road compression-ignition engines.

“Nonroad vehicle” DELETE,

REPLACE WITH: “Nonroad vehicle” means a vehicle that is powered b y an off-road compression-ignition engine.

* * * * *

ADD: “Off-road compression-ignition engine” means: (a) Except as specified in paragraph (b) of this de finition, an off-road compression-ignition engine is any internal combust ion engine: (i) in or on a piece of equipment that is self-prop elled or serves a dual purpose by both propelling itself and performing an other function and is primarily used off the highways (such as gar den 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 str ing trimmers);

or

(iii) that, by itself or in or on a piece of equipm ent, is portable or transportable, meaning designed to be and capable o f being carried

or moved from one location to another. Indicia of transportability7 include, but are not limited to wheels, skids, carr ying handles, dolly, trailer, or platform.

(b) An internal combustion engine is not an off-roa d compression-ignition engine

if: (i) the engine is used to propel a vehicle subject to the emissions

standards contained in Title 13, California Code of Regulations, Sections1950-1978, or a vehicle used solely for com petition, or is subject to standards promulgated under section 202 of the federal Clean Air Act (42 U.S.C. 7521); or (ii) the engine is regulated by a federal New Sourc e 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 (a )(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 lo cated at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine ( or engines) that replaces an engine at a location and that is intend ed to perform the same or similar function as the engine replaced wil l be included in calculating the consecutive period. An engine loca ted at a seasonal source is an engine that remains at a seas onal source during the full operating period of the seasonal so urce. A seasonal source is a stationary source that remains in a sin gle location on a permanent basis (i.e., at least two years) and that operates at a single location approximately three months (or more ) each year. This paragraph does not apply to an engine after th e engine is

removed from the location.

* * * * *

ADD:

ADDENDUM: The definitions in the California Health and Safety Code and in Title 13, California Code of Regulations, Section 2 421 shall apply.

89.3 Acronyms and abbreviations.

* * * * *

ADD:

ARB – Air Resources Board.

* * * * *

89.4 [Reserved]8

89.5 Table and figure numbering; position.

* * * * *

89.6 Reference materials.

(a) DELETE,

REPLACE WITH:

“ Incorporation by reference . The documents in paragraph (b) of this section a re incorporated by reference.

* * * * *

(3) DELETE.

89.7 Treatment of confidential information.

DELETE,

REPLACE WITH: Any manufacturer may assert that some or all of the information submitted pursuant to Title 13, California Code of Regulation s, Division 3, Chapter 9, Article 4 (Off-Road Compression-Ignition Engines an d Equipment) is entitled to confidential treatment as provided by Title 17, Cal ifornia Code of Regulations,

Sections 91000-91022.

Appendix A to Subpart A – State Regulation of Nonro ad Internal Combustion Engines

* * * * * [62 FR 67736, December 30, 1997]9

Subpart B – Emission Standards and Certification Pr ovisions.

89.101 Applicability.

* * * * *

89.102 Effective dates, optional inclusion, flexibi lity for equipment

manufacturers.

(a) DELETE,

REPLACE WITH: This subpart applies to all off-road compression-ig nition engines subject to the

emission standards listed in the California Code of Regulations, Title 13, Section 2423(b)(1)(A):

* * * * *

(d) Introductory text DELETE,

REPLACE WITH: Implementation flexibility for equipment and vehicl e manufacturers and post-manufacture marinizers. For a limited time, off-road equipment and vehicl e manufacturers and post-manufacture marinizers may p roduce equipment with engines that are subject to less stringent emission standards than required by this part, subject to the requirements of paragraph (e) of this section. The following allowances apply separately to each engin e power category subject to

standards under 89.112:

(d)(1)(i) DELETE,

REPLACE WITH: Equipment rated at or above 37 kW. A manufacturer may produce equipment and vehicles with engines rated at, or above, 37 kW that are exempted from meeting current model year emission standards for a portion of its California-directed production volume. These perce nt-of-production flexibility allowances must be used within the seven years imme diately following the date on which Tier 2 engine standards first apply to eng ines used in such equipment and vehicles, provided that the seven-year sum of t he U.S.-directed portion of the manufacturer’s percent-of-production flexibility al lowances does not exceed 80 percent, expressed in yearly percentage incremen ts, and provided that all such equipment and vehicles contain only engines th at have been certified to the
Tier 1 or Tier 2 standards;

(d)(1)(ii) DELETE,

REPLACE WITH: Equipment rated under 37kW and subject to the stand ards in California Code of Regulations, Title 13, Section 2423(b)(1)(A). A manufacturer or10

post-manufacture marinizer may produce equipment an d vehicles and marine engines with engines rated under 37 kW that are exe mpt from meeting current model year emission standards for a portion of its California-directed production volume. These percent-of-production flexibility al lowances must be used within the seven years immediately following the date on w hich Tier 1 engine standards first apply to engines used in such equipment and v ehicles and marine engines, provided that the seven-year sum of the U.S.-direct ed portion of the manufacturer’s percent-of-production flexibility al lowances does not exceed 80 percent, expressed in cumulative yearly percenta ge increments;

* * * * *

(e)(1) DELETE,

REPLACE WITH: (2423(e)(1) – duplicate text)

* * * * *

(f) DELETE,

REPLACE WITH: The language in California Code of Regulations, Tit le 13, Section 2423(f) shall apply.

(g) DELETE,

REPLACE WITH: Allowance for the production of engines. To meet the demand for engines created under paragraph (d), (f), or (h) of this se ction, engine manufacturers may produce engines that do not meet current year emiss ion requirements. Engine manufacturers shall provide to the Executive Office r annually, as part of the certification application, a list of the equipment manufacturers requesting such engines for their equipment flexibility allowances. The list shall include the equipment manufacturers’ names, engine models, and estimated national production volumes. Notwithstanding, all engines p roduced for sale in California under either of the transitional flexibility provis ions for equipment manufacturers, starting January 1, 2007, must be covered by an Exe cutive Order. To obtain an Executive Order for these engines, the engine manuf acturer must comply with the following:

(1) Prior to the start of production, submit a lett er to the Chief of the Mobile Source Operations Division, or designee, requesting certification for flexibility engines intended for sale in California , and

(2) Provide written assurance that the flexibility engines to be produced will be identical in all material respects to those for which a valid11 Executive Order has been issued in a previous model year. The engine family name of the previously certified engi ne family must be included in the manufacturer’s request for certific ation.

Upon determination that the conditions in paragraph s (1) and (2) have been satisfied, the engine manufacturer shall be provide d with an Executive Order covering the requested flexibility engine families for the current model year. The engine family names included in the Executive Order shall either be the same as, or a subset of the previously certified engine fami ly names, and will remain the same for as long as the engines continue to qualify as flexibility allowances regardless of model year. These engine family name s shall be used by the engine manufacturer to comply with the labeling req uirements of 2423(d)(5)(A).

* * * * *

89.103 Definitions.

DELETE,

REPLACE WITH: The definitions in subpart A apply to this subpart. All terms not defined herein or in subpart A have the meaning given them in the Cal ifornia Health and Safety Code and the California Code of Regulations, Title 13.

89.104 Useful life, recall, and warranty periods.

* * * * *

89.105 Certificate of conformity.

DELETE,

REPLACE WITH: Every manufacturer of a new off-road compression-ig nition engine must obtain an Executive Order covering the engine family, as d escribed in Section 89.116 of this Subpart. The Executive Order must be obtained from the Executive Officer prior to selling, offering for sale, introducing in to commerce, or importing into California the new off-road compression-ignition en gine for each model year.

89.106 Prohibited controls.

* * * * *

89.107 Defeat devices.

* * * * *12

89.108 Adjustable parameters, requirements.

* * * * *

89.109 Maintenance instructions and minimum allowab le maintenance

intervals.

* * * * *

89.110 Emission control information label.

* * * * *

(b)(10) DELETE,

REPLACE WITH: The statement: “This engine conforms to (model year ) California and U.S. EPA regulations for off-road compression-ignition engin es.”;

* * * * *

ADD: (e) Labeling requirements. Except for engines used in flexibility allowances prior to January 1, 2007, engine manufac turers shall meet the labeling requirements provided in Section 2424 with the following substitutions:

For flexibility engines meeting previous year emiss ion requirements, the engine manufacturer shall substitute the following for the statement of compliance required in Sections 2424(c)(1)(E)6 and 2424(c)(2):

“THIS ENGINE COMPLIES WITH CALIFORNIA EMISSION REQUIREMENTS UNDER 13 CCR 2423(d). SELLING OR INST ALLING

THIS ENGINE FOR ANY PURPOSE OTHER THAN FOR THE

EQUIPMENT FLEXIBILITY PROVISIONS CITED MAY BE A VIO LATION OF STATE LAW SUBJECT TO CIVIL PENALTY.” [Insert En gine Family Name]

For flexibility engines less than 37 kW and not sub ject to emission requirements, the engine manufacturer shall substit ute the following for the statement of compliance required in Section 2424(c) (1)(E)6:

“THIS ENGINE QUALIFIES FOR USE IN EQUIPMENT RATED B ELOW 37 KW BY PROVISION OF 13 CCR 2423(d). SELLING OR I NSTALLING

THIS ENGINE FOR ANY PURPOSE OTHER THAN FOR THE

EQUIPMENT FLEXIBILITY PROVISIONS CITED MAY BE A VIO LATION

OF CALIFORNIA LAW SUBJECT TO CIVIL PENALTY.”13

As an alternative, flexibility engine manufacturers offering proof to the Executive Officer that the otherwise required statements of c ompliance in this subsection would be unduly burdensome or costly to implement, may instead use the following:

“THIS ENGINE CONFORMS TO CALIFORNIA OFF-ROAD

COMPRESSION-IGNITION ENGINE REGULATIONS UNDER 13 CC R 2423(d).” [Insert Engine Family Name if Certified]

These revised statements of compliance do not precl ude the referencing of similar federal requirements that would be satisfie d simultaneously by meeting the provisions of Section 2423(d). Furthermore, th e Executive Officer may, upon request, approve alternate labeling specifications that are equivalent to the specifications in this subsection.

89.111 Averaging, banking, and trading of exhaust e missions.

* * * * *

89.112 Oxides of nitrogen, carbon monoxide, hydroca rbon, and particulate

matter exhaust emission standards.

* * * * *

(c) DELETE,

REPLACE WITH: Exhaust emission of particulate matter is measured using the PM and Test Cycle

Limited Procedures.

* * * * *

(f)(3) DELETE,

REPLACE WITH: Test procedures . NOx, NMHC, and PM emissions are measured using t he procedures set forth in 40 CFR part 1065 (July 13, 2005), which is incorporated by reference, in lieu of the procedures set forth i n subpart E of this part. CO emissions may be measured using procedures set fort h either in 40 CFR part 1065, or in subpart E of this part. Manufacturers may use an alternate procedure to demonstrate the desired level of control if appr oved in advance by the Executive Officer. Engines meeting the requirement s to qualify as Blue Sky Series engines must be capable of maintaining a com parable level of emission control when tested using the procedures set forth in paragraph (c) of this section and subpart E of this part. The numerical emission levels measured using the procedures from subpart E of this part may be up to 20 percent higher than those measured using procedures from 40 CFR part 1065, su bpart N (July 13, 2005), and still be considered comparable.14

89.113 Smoke emission standard.

* * * * *

89.114 Special and alternate test procedures.

* * * * *

89.115 Application for certificate.

* * * * *

89.116 Engine families.

* * * * *

89.117 Test fleet selection.

* * * * *

89.118 Deterioration factors and service accumulati on.

* * * * *

89.119 Emission tests.

* * * * *

(a)(1)(ii) DELETE,

REPLACE WITH: PM and Test Cycle Limited Procedures, and

(a)(1)(iii) DELETE,

REPLACE WITH: 40 CFR part 86, subpart I (July 1, 1999).

* * * * *

89.120 Compliance with emission standards.

* * * * *15

89.121 Certificate of conformity effective dates.

* * * * *

89.122 Certification.

* * * * *

89.123 Amending the application and certification o f conformity.

* * * * *

89.124 Record retention, maintenance, and submissio n.

* * * * *

89.125 Production engines, annual report.

* * * * *

89.126 Denial, revocation of certificate of conform ity.

* * * * *

89.127 Request for hearing.

DELETE,

REPLACE WITH: A manufacturer may request a hearing on an Executiv e 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.

89.128 Hearing procedures.

DELETE.

89.129 Right of entry.

* * * * *16

89.130 Rebuild practices.

DELETE,

REPLACE WITH: The provisions in Section 1068.120 of the “2008 and Later Test Procedures” shall apply for the rebuilding of engines that are subject to the requirements of the California Code of Regulations, Title 13, Secti on 2423(b)(1)(A), except Tier 1 engines rated at or above 37 kW. The provisions in the California Code of Regulations, Title 13, Section 2423(l), shall apply for labeling rebuilt engines.17

Subpart C – Averaging, Banking, and Trading Provisi ons.

89.201 Applicability.

* * * * *

89.202 Definitions.

* * * * *

89.203 General provisions.

* * * * *

89.204 Averaging.

* * * * *

89.205 Banking.

* * * * *

89.206 Trading.

* * * * *

89.207 Credit calculation.

* * * * *

89.208 Labeling.

* * * * *

89.209 Certification.

* * * * *

89.210 Maintenance of records.

* * * * *

89.211 End-of-year and final reports.

* * * * *18

89.212 Notice of opportunity for hearing.

DELETE,

REPLACE WITH: A manufacturer may request a hearing on an Executiv e Officer’s decision regarding certification, as specified in Title 17, California Code of Regulations, Division 3, Chapter 1 Subchapter 1.25, Articles 1 a nd 2.19

Subpart D – Emission Test Equipment Provisions

89.301 Scope; applicability.

* * * * *

89.302 Definitions.

* * * * *

89.303 Symbols/abbreviations.

* * * * *

89.304 Equipment required for gaseous emissions; ov erview.

* * * * *

89.305 Equipment measurement accuracy/calibration f requency.

* * * * *

89.306 Dynamometer specifications and calibration w eights.

* * * * *

89.307 Dynamometer calibration.

* * * * *

89.308 Sampling system requirements for gaseous emi ssions.

* * * * *

89.309 Analyzers required for gaseous emissions.

* * * * *

89.310 Analyzer accuracy and specifications.

* * * * *

89.311 Analyzer calibration frequency.

* * * * *20

89.312 Analytical gases.

* * * * *

89.313 Initial calibration of analyzers.

* * * * *

89.314 Pre- and post-test calibration of analyzers.

* * * * *

89.315 Analyzer bench checks.

* * * * *

89.316 Analyzer leakage and response time.

* * * * *

89.317 NOx converter check.

* * * * *

89.318 Analyzer interference checks.

* * * * *

89.319 Hydrocarbon analyzer calibration.

* * * * *

89.320 Carbon monoxide analyzer calibration.

* * * * *

89.321 Oxides of nitrogen analyzer calibration.

* * * * *

89.322 Carbon dioxide analyzer calibration.

* * * * *21

89.323 NDIR analyzer calibration.

* * * * *

89.324 Calibration of other equipment.

* * * * *

89.325 Engine intake air temperature measurement.

* * * * *

89.326 Engine intake air humidity measurement.

* * * * *

89.327 Charge cooling.

* * * * *

89.328 Inlet and exhaust restrictions.

* * * * *

89.329 Engine cooling system.

* * * * *

89.330 Lubricating oil and test fuels.

* * * * *

89.331 Test conditions.

* * * * *

Appendix A to Subpart D

* * * * *

Appendix B to Subpart D

* * * * *22

Subpart E – Exhaust Emission Test Procedures.

89.401 Scope; availability.

* * * * *

89.402 Definitions.

* * * * *

89.403 Symbols/abbreviations.

* * * * *

89.404 Test procedure overview.

* * * * *

(b) DELETE,

REPLACE WITH: The test is designed to determine the brake-specifi c emissions of hydrocarbons, carbon monoxide, oxides of nitrogen, and particulat e matter. For more information on particulate sampling see the PM and Test Cycle Limited Procedures. The test cycles consist of various ste ady-state operating modes that include different combinations of engine speed s and loads. These procedures require the determination of the concent ration of each pollutant, exhaust volume, the fuel flow (raw analysis) and th e power output during each mode. The measured values are weighted and used to calculate the grams of each pollutant emitted per kilowatt-hour (g/kW-hr).

* * * * *

89.405 Recorded information.

* * * * *

89.406 Pre-test procedures.

* * * * *

89.407 Engine dynamometer test run.

* * * * *23

89.408 Post-test procedures.

* * * * *

89.409 Data logging.

* * * * *

89.410 Engine test cycle.

* * * * *

89.411 Exhaust sample procedure – gaseous component s.

* * * * *

89.412 Raw gaseous exhaust sampling and analytical system description.

* * * * *

89.413 Raw sampling procedures.

* * * * *

89.414 Air flow measurement specifications.

* * * * *

89.415 Fuel flow measurement specifications.

* * * * *

89.416 Raw exhaust gas flow.

* * * * *

89.417 Data evaluation for gaseous emissions.

* * * * *

89.418 Raw emission sampling calculations.

* * * * *24

89.419 Dilute gaseous exhaust sampling and analytic al system description.

* * * * *

89.420 Background sample.

* * * * *

89.421 Exhaust gas analytical system; CVS bag sampl e.

* * * * *

89.422 Dilute sampling procedures – CVS calibration

.

* * * * *

89.423 [Reserved]

89.424 Dilute emission sampling calculations.

* * * * *

89.425 [Reserved]

Appendix A to Subpart E

* * * * *

Appendix B to Subpart E

* * * * *25

Subpart F – Selective Enforcement Auditing.

89.501 Applicability.

* * * * *

89.502 Definitions.

* * * * *

89.503 Test Orders.

* * * * *

89.504 Testing by the Administrator.

* * * * *

89.505 Maintenance of records; submittal of informa tion.

* * * * *

ADD: (a)(2)(viii) The manufacturer shall supply upon request emission test results from U.S. EPA-directed audits for engines certified in C alifornia.

* * * * *

89.506 Right of entry and access.

* * * * *

89.507 Sample selection.

* * * * *26

89.508 Test Procedures.

(a)(1) DELETE,

REPLACE WITH: For off-road engines subject to the provisions of t his subpart, the prescribed test procedures are the engine 8-mode test procedure as described in subpart E of this part, the federal smoke test procedure as desc ribed in 40 CFR part 86, subpart I (July 1, 1999), and the particulate test procedure as adopted in the PM and Test Cycle Limited Procedures.

* * * * *

89.509 Calculation and reporting of test results.

* * * * *

89.510 Compliance with acceptable quality level and passing failing criteria

for selective enforcement audits.

* * * * *

89.511 Suspension and revocation of certificates of conformity.

* * * * *

89.512 Request for public hearing.

DELETE,

REPLACE WITH: A manufacturer may request a hearing on an Executiv e 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.

89.513 Administrative procedures for public hearing

.

DELETE.

89.514 Hearing procedures.

DELETE.

89.515 Appeal of hearing decision.

DELETE.27

89.516 Treatment of confidential information.

* * * * *

Appendix A to Subpart F of Part 89. Sampling Plans for Selective Enforcement Auditing of Nonroad Engines.

* * * * *28

Subpart G – Importation of Nonconforming Nonroad En gines.

89.601 Applicability.

* * * * *

89.602 Definitions.

* * * * *

89.603 General requirements for importation of nonc onforming nonroad

engines.

* * * * *

89.604 Conditional admission.

* * * * *

89.605 Final admission of certified nonroad engines

.

* * * * *

89.606 Inspection and testing of imported nonroad e ngines.

* * * * *

89.607 Maintenance of independent commercial import er’s records.

* * * * *

89.608 “In Use” inspections and recall requirements

.

* * * * *

89.609 Final admission of modification nonroad engi nes and test nonroad

engines.

* * * * *

89.610 Maintenance instructions, warranties, emissi on labeling.

* * * * * 89.611 Exemptions and exclusions.

* * * * *29

89.612 Prohibited acts; penalties.

* * * * *

89.613 Treatment of confidential information.

* * * * *

89.614 Importation of partially complete engines.

* * * * *30

Subpart H – Recall Regulations

89.701 Applicability.

* * * * *

89.702 Definitions.

* * * * *

89.703 Applicability of part 85, subpart S.

(a) DELETE,

REPLACE WITH: Off-road engines subject to provisions of subpart B of this part are subject to recall regulations specified in Title 13, Californi a Code of Regulations, Chapter 2, Articles 2.1 – 2.4, Sections 2111 – 2141.

(b)–(d) DELETE.

(e) DELETE,

REPLACE WITH: For purposes of this section, reference to “vehicle s or engines” throughout Title 13 is replaced by reference to “engines.”31

Subpart I – Emission Defect Reporting Requirements

89.801 Applicability.

* * * * *

89.802 Definitions.

* * * * *

89.803 Applicability of part 85, subpart T.

(a) DELETE,

REPLACE WITH: Off-Road engines subject to provisions of subpart B of this part are subject to emission defect reporting requirements specified in 40 CFR part 85, subpart T (July 1, 1999), which is incorporated by reference, except for the items set forth

in this section.

* * * * *32

Subpart J – Exemption Provisions

89.901 Applicability.

* * * * *

89.902 Definitions.

* * * * *

89.903 Application of section 216(10) of that Act.

* * * * *

89.904 Who may request an exemption.

* * * * *

89.905 Testing exemption.

* * * * *

89.906 Manufacturer-owned exemption and precertific ation exemption.

* * * * *

89.907 Display exemption.

* * * * *

89.908 National security exemption.

* * * * *

89.909 Export exemptions.

* * * * *

89.910 Granting of exemptions.

* * * * *

89.911 Submission of exemption requests.

* * * * *33

89.912 Treatment of confidential information.

* * * * *

89.913 What provisions apply to engines certified u nder the motor-vehicle

program?

DELETE.

89.914 What provisions apply to vehicles certified under the motor-vehicle

program?

DELETE.

89.915 Staged-assembly exemption.

* * * * *34

Subpart K – General Enforcement Provisions and Proh ibited Acts

89.1001 Applicability.

* * * * *

89.1002 Definitions.

* * * * *

89.1003 Prohibited acts.

* * * * *

(b)(7)(iii) DELETE,

REPLACE WITH: If the engine being replaced was not certified to a ny emission standards under the California Code of Regulations, Title 13, Secti on 2423(b)(1)(A), the replacement engine must have a permanent label with your corporate name and

trademark and the following language, or similar alternate langua ge approved by

the Executive Officer:

“THIS ENGINE DOES NOT COMPLY WITH CALIFORNIA AND FE DERAL
OFF-ROAD OR ON-HIGHWAY EMISSION REQUIREMENTS. SALE OR

INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER T HAN AS A

REPLACEMENT ENGINE FOR AN ENGINE MANUFACTURED PRIOR TO JANUARY 1 [INSERT APPROPRIATE YEAR] IS A VIOLATION OF

CALIFORNIA AND FEDERAL LAW SUBJECT TO CIVIL PENALTY ”.

(b)(7)(iv) DELETE,

REPLACE WITH: If the engine being replaced was certified to emiss ion standards less stringent than those in effect when you produce the replaceme nt engine, the replacement engine must have a permanent label with your corpor ate name and trademark and the following language, or similar alternate la nguage approved by the

Executive Officer:

“THIS ENGINE COMPLIES WITH CALIFORNIA OFF-ROAD AND U.S. EPA NONROAD EMISSION REQUIREMENTS FOR [Insert appropria te year reflecting when the Tier 1 or Tier 2 standards for the replace d engine began to apply] ENGINES UNDER 13 CCR 2423(j) AND 40 CFR 89.1003(b)( 7). SELLING OR

INSTALLING THIS ENGINE FOR ANY PURPOSE OTHER THAN T O REPLACE AN OFF-ROAD ENGINE BUILT BEFORE JANUARY 1 [Insert a ppropriate year reflecting when the next tier of emission standards began to apply] MAY BE A

VIOLATION OF CALIFORNIA AND FEDERAL LAW SUBJECT TO CIVIL

PENALTY.”35 * * * * *

89.1004 General enforcement provisions.

* * * * *

89.1005 Injunction proceedings for prohibited acts.

DELETE,

REPLACE WITH:

Under Section 43017 of the California Health and Sa fety Code, the Air Resources Board may enjoin any violation of any pro vision of Section 89.1003(a).

89.1006 Penalties.

(a) DELETE,

REPLACE WITH:

Violations . 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 pe nalty provisions thereunder.

(a)(1) DELETE,

REPLACE WITH: A person who violates Section 89.1003(a)(1), (a)(4) , or (a)(6), or a manufacturer or dealer who violates Section 89.1003(a)(3)(ii) is subject to a civil penalty as specified in the California Health and Safety Code, Division 26, and corresponding regulations.

(a)(2) DELETE,

REPLACE WITH: A person other than a manufacturer or dealer who vi olates Section 89.1003(a)(3)(i) or any person who violates Section 89.1003(a)(3)(ii) is subject to a civil penalty as specified in the California Heal th and Safety Code, Division 26, and corresponding regulations.

* * * * *

(a)(5) DELETE,

REPLACE WITH: A person who violates Section 89.1003(a)(2) or (a)( 5) is subject to a civil penalty as specified in the California Health and Safety Co de, Division 26, and corresponding regulations.

(a)(6) DELETE.36

(b) DELETE,

REPLACE WITH:

Civil Actions . Any person who violates any provision of this su bpart is subject to a civil action to assess and recover any civil pena lty under paragraph (a) of this

section.

(c) DELETE.

89.1007 Warranty provisions.

* * * * *

89.1008 In-use compliance provisions.

DELETE.

89.1009 What special provisions apply to branded en gines?

* * * * *