PART 3

FINAL REGULATION ORDER TEST PROCEDURES

(Part 1054)

Small Off-Road Engines
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FINAL REGULATION ORDER TEST PROCEDURES

Note: This appendix shows the entirety of regulatory amendments to the test

procedures titled below, which were approved by the Air Resources Board on 

December 16, 2011, and refined via subsequent conforming modifications 

authorized under Resolution 11-41. Incorporated by reference into these test 

procedures are portions of Title 40 of the Code of Federal Regulations (CFR) 

Part 1054 – Control of Emissions from New, Small Nonroad Spark-Ignition 

Engines and Equipment, including Subparts A, B, C, D, E, F, G, H and I, as 

amended November 8, 2010; and, the internally referenced sections of Title 

40 CFR, Parts 60, 80, 86, 90, and 1065. Sections that have been included in 

their entirety are set forth with the section number and title. California 

provisions that replace specific federal language provisions are denoted by the 

words “DELETE” for the federal language and “REPLACE WITH” or “ADD” for 

the California language. The notation [ * * * * * ] or [ ... ] means that the 

remainder of the CFR text for a specific section is not shown in these 

procedures but has been incorporated by reference, with only the printed text 

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

If there is any conflict between the provisions of this document and the 

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

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

This document is all newly adopted text.
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State of California

AIR RESOURCES BOARD

CALIFORNIA EXHAUST EMISSION STANDARDS AND 

TEST PROCEDURES FOR NEW 2013 AND LATER SMALL OFF-ROAD ENGINES

ENGINE-TESTING PROCEDURES

(PART 1054)

Adopted: October 25, 2012
i

PART 1054 – CONTROL OF EMISSION FROM NEW, SMALL NONROAD SPARKIGNITION ENGINES AND EQUIPMENT........................................................... 1

Subpart A – Overview and Applicability.................................................................... 1

§ 1054.1 Does this part apply for my engines and equipment? ............................. 1

§ 1054.2 Who is responsible for compliance?........................................................ 2

§ 1054.5 Which nonroad engines are excluded from this part's requirements?..... 2

§ 1054.10 How is this part organized?................................................................... 2

§ 1054.15 Do any other CFR parts apply to me?................................................... 2

§ 1054.20 What requirements apply to my equipment?......................................... 3

§ 1054.30 Submission of information..................................................................... 3

Subpart B—Emission Standards and Related Requirements................................... 5

§ 1054.101 What emission standards and requirements must my engines meet? 5

§ 1054.103 What exhaust emission standards must my handheld engines meet? 6

§ 1054.105 What exhaust emission standards must my nonhandheld engines 

meet?................................................................................................. 7

§ 1054.107 What is the useful life period for meeting exhaust emission standards?

................................................................................................................................. 7

§ 1054.110 What evaporative emission standards must my handheld equipment 

meet?....................................................................................................................... 8

§ 1054.112 What evaporative emission standards must my nonhandheld 

equipment meet? ..................................................................................................... 8

§ 1054.115 What other requirements apply? ......................................................... 8

§ 1054.120 What emission-related warranty requirements apply to me?............... 9

§ 1054.125 What maintenance instructions must I give to buyers? ..................... 10

§ 1054.130 What installation instructions must I give to equipment manufacturers?

............................................................................................................................... 11

§ 1054.135 How must I label and identify the engines I produce? ....................... 12

§ 1054.140 What is my engine's maximum engine power and displacement? .... 12

§ 1054.145 Are there interim provisions that apply only for a limited time? ......... 13

Subpart C—Certifying Emission Families............................................................... 14

§ 1054.201 What are the general requirements for obtaining a certificate of 

conformity? ............................................................................................................ 14

§ 1054.205 What must I include in my application? ............................................. 14

§ 1054.210 May I get preliminary approval before I complete my application?.... 17

§ 1054.220 How do I amend the maintenance instructions in my application? .... 17

§ 1054.225 How do I amend my application for certification to include new or 

modified engines or fuel systems or change an FEL?............................................ 17

§ 1054.230 How do I select emission families?.................................................... 17

§ 1054.235 What exhaust emission testing must I perform for my application for a 

certificate of conformity? ........................................................................................ 18

§ 1054.240 How do I demonstrate that my emission family complies with exhaust 
ii

emission standards? .............................................................................................. 19

§ 1054.245 How do I determine deterioration factors from exhaust durability 

testing? .................................................................................................................. 19

§ 1054.250 What records must I keep and what reports must I send to EPA? .... 22

§ 1054.255 What decisions may EPA make regarding my certificate of 

conformity? ............................................................................................................ 22

Subpart D—Production-Line Testing...................................................................... 25

§1054.300 .............................................................................................................. 25

Subpart E—In-use Testing ..................................................................................... 26

§ 1054.401 General provisions. ........................................................................... 26

Subpart F—Test Procedures.................................................................................. 27

§ 1054.501 How do I run a valid emission test?................................................... 27

§ 1054.505 How do I test engines?...................................................................... 29

§ 1054.520 What testing must I perform to establish deterioration factors?......... 30

Subpart G—Special Compliance Provisions .......................................................... 31

§ 1054.601 What compliance provisions apply? .................................................. 31

§ 1054.610 What is the exemption for delegated final assembly? ....................... 31

§ 1054.612 What special provisions apply for equipment manufacturers modifying 

certified nonhandheld engines? ............................................................................. 31

§ 1054.615 What is the exemption for engines certified to standards for Large SI 

engines? ................................................................................................................ 31

§ 1054.620 What are the provisions for exempting engines used solely for 

competition?........................................................................................................... 31

§ 1054.625 What requirements apply under the Transition Program for Equipment 

Manufacturers? ...................................................................................................... 31

§ 1054.626 What special provisions apply to equipment imported under the 

Transition Program for Equipment Manufacturers?................................................ 32

§ 1054.630 What provisions apply for importation of individual items for personal 

use? ....................................................................................................................... 32

§ 1054.635 What special provisions apply for small-volume engine and equipment 

manufacturers? ...................................................................................................... 32

§ 1054.640 What special provisions apply to branded engines? ......................... 32

§ 1054.645 What special provisions apply for converting an engine to use an 

alternate fuel? ........................................................................................................ 32

§ 1054.650 What special provisions apply for adding or changing governors?.... 32

§ 1054.655 What special provisions apply for installing and removing altitude kits?

............................................................................................................................... 32

§ 1054.660 What are the provisions for exempting emergency rescue equipment?

............................................................................................................................... 33

§ 1054.690 What bond requirements apply for certified engines? ....................... 33

Subpart H—Averaging, Banking and Trading for Certification................................ 34

§1054.701 General Provisions............................................................................... 34
iii

Subpart I—Definitions and Other Reference Information ....................................... 35

§ 1054.801 What definitions apply to this part?.................................................... 35

§ 1054.805 What symbols, acronyms, and abbreviations does this part use?..... 41

§ 1054.815 What provisions apply to confidential information? ........................... 41

§ 1054.820 How do I request a hearing? ............................................................. 42

§ 1054.821 Right of entry and access. ............................................................... 42

§ 1054.825 What reporting and recordkeeping requirements apply under this part?

............................................................................................................................... 44

Appendix II to Part 1054—Duty Cycles for Laboratory Testing .............................. 45
1

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES 

FOR NEW 2013 AND LATER SMALL OFF-ROAD ENGINES

The following provisions of Part 1054, Title 40, Code of Federal Regulations, as 

proposed by the United States Environmental Protection Agency on the date 

listed, are adopted and incorporated herein by this reference for 2013 model year 

and later small off-road engines as the California Exhaust Emission Standards 

and Test Procedures for New 2013 and Later Small Off-Road Engines, except as 

altered or replaced by the provisions set forth below.

PART 1054 – CONTROL OF EMISSION FROM NEW, SMALL NONROAD 

SPARK-IGNITION ENGINES AND EQUIPMENT

SOURCE: 75 FR 59259, November 8, 2010, unless otherwise noted.

Subpart A – Overview and Applicability

§ 1054.1 Does this part apply for my engines and equipment?

* * * * *

(a) (2) DELETE, 

REPLACE WITH:

The requirements of this part related to evaporative emissions apply as specified 

in Title 13, California Code of Regulations, Chapter 15, Article 1 to fuel systems 

used with engines subject to exhaust emission standards in this part if the 

engines use a volatile liquid fuel (such as gasoline).

(a) (3) DELETE,

REPLACE WITH: 

This part 1054 applies starting with the 2013 model year for all small sparkignition off-road engines and equipment. 

(a) (4) DELETE,

REPLACE WITH: 

The provisions of CCR 2403(f) currently apply for new engines used in 

emergency rescue equipment.

(a) (5) DELETE.

(b) DELETE. 
2

(c) DELETE, 

REPLACE WITH:

See California Exhaust Emission Standards and Test Procedures for 2005 –

2012 Small Off-Road Engines for requirements that apply to engines not yet 

subject to the requirements of this part 1054.

(d) DELETE.

(e) DELETE.

§ 1054.2 Who is responsible for compliance?

DELETE, 

REPLACE WITH:

The requirements and prohibitions of this part apply to manufacturers of engines 

and equipment, as described in §1054.1. The requirements of this part are 

generally addressed to manufacturers subject to this part's requirements. The 

term “you” generally means the certifying manufacturer. For provisions related to 

exhaust emissions, this generally means the engine manufacturer, especially for 

issues related to certification (including production-line testing, reporting, etc.). 

For provisions related to certification with respect to evaporative emissions, this 

generally means the equipment manufacturer. Equipment manufacturers must 

meet applicable requirements as described in Title 13, California Code of 

Regulations, Chapter 15, Article 1. Engine manufacturers that assemble an 

engine's complete fuel system are considered to be the equipment manufacturer 

with respect to evaporative emissions.

§ 1054.5 Which nonroad engines are excluded from this part's requirements?

DELETE, 

REPLACE WITH:

This part does not apply to the engines that are excluded in the “small off-road 

engine” definition found in Title 13, section 2401.

§ 1054.10 How is this part organized?

* * * * *

§ 1054.15 Do any other CFR parts apply to me?

(a) DELETE.

* * * * *

(c) DELETE.
3

* * * * *

§ 1054.20 What requirements apply to my equipment?

* * * * *

(b) DELETE, 

REPLACE WITH:

All equipment subject to the exhaust standards of Title 13, California Code of 

Regulations, Chapter 9, Article 1, must also meet the evaporative emission 

standards of Title 13, California Code of Regulations, Chapter 15, Article 1.

(c) DELETE, 

REPLACE WITH:

You must identify and label equipment you produce under 40 CFR part 1054 

consistent with the requirements of Title 13, California Code of Regulations, 

Chapter 9, Article 1, Section 2404 and Chapter 15, Article 1, Section 2759.

(d) DELETE,

REPLACE WITH:

You must certify your equipment or fuel systems as described in Title 13, 

California Code of Regulations, Chapter 15, Article 1.

(e) DELETE, 

REPLACE WITH:

You must follow all emission-related installation instructions from the certifying 

manufacturers as described in §1054.130, and Title 13, California Code of 

Regulations, Chapters 9 and 15. Failure to follow these instructions may subject 

you to civil penalties.

(f) DELETE.

§ 1054.30 Submission of information.

(a) DELETE, 

REPLACE WITH:

This part includes various requirements to record data or other information. 

Refer to §1054.825 and Title 13, California Code of Regulations, Chapters 9 and 

15 regarding recordkeeping requirements. If recordkeeping requirements are not 

specified, store these records in any format and on any media and keep them 

readily available for one model year after you send an associated application for 

certification, or one year after you generate the data if they do not support an 

application for certification. You must promptly send us organized, written 

records in English if we ask for them. We may review them at any time.

(b) DELETE, 
4

REPLACE WITH:

The regulations in §1054.255 describe your obligation to report truthful and 

complete information and the consequences of failing to meet this obligation. 

This includes information not related to certification.

* * * * *
5

Subpart B—Emission Standards and Related Requirements

§ 1054.101 What emission standards and requirements must my engines 

meet?

(a) DELETE, 

REPLACE WITH: 

(a)(1) Exhaust emissions. All engines must meet the requirements in 

§1054.115. Exhaust emissions from small off-road spark-ignition engines 

manufactured for sale, sold, offered for sale in California, or that are introduced, 

delivered or imported into California for introduction into commerce, must not 

exceed:

Exhaust Emission Standards for Spark-Ignition Engines

(grams per kilowatt-hour)

Model Year Displacement Category Durability Periods 

(hours)

Hydrocarbon 

plus Oxides of 

Nitrogen(1)(3)

Carbon 

Monoxide

Particulate

2005 and <50 cc 50/125/300 50 536 2.0(2)

subsequent 50-80 cc, inclusive 50/125/300 72 536 2.0(2)

2008 and >80 cc - <225 cc 125/250/500 10.0 549

subsequent ≥ 225 cc 125/250/500/1000 8.0 549

(1) The Executive Officer may allow gaseous-fueled (i.e., propane, natural gas) engine 

families, that satisfy the requirements of the regulations, to certify to either the hydrocarbon plus 

oxides of nitrogen or hydrocarbon emission standard, as applicable, on the basis of the 

non-methane hydrocarbon (NMHC) portion of the total hydrocarbon emissions.

(2) Applicable to all two-stroke engines.

(3) Engines used exclusively to power products which are used exclusively in wintertime, at the 

option of the engine manufacturer, may comply with the provisions in Part 1054.101(a)(2)(ii).

(2) (i) Two-stroke engines used to power snowthrowers may meet the 

emission standards for engines at or less than 80 cc in displacement.

(ii) Engines used exclusively to power products which are used exclusively in 

wintertime, such as snowthrowers and ice augers, at the option of the engine 

manufacturer, need not certify to or comply with standards regulating emissions 

of HC+NOx or NMHC+NOx, as applicable. If the manufacturer exercises the 

option to certify to standards regulating such emissions, such engines must meet 

such standards. If the engine is to be used in any equipment or vehicle other 

than an exclusively wintertime product such as a snowthrower or ice auger, it 

must be certified to the applicable standard regulating emissions of HC+NOx or 

NMHC+NOx as applicable.

(3) Low-emitting Blue Sky Series engine requirements.

Voluntary standards. Engines may be designated “Blue Sky Series” engines by 

meeting:

(i) All applicable requirements of this Article, and
6

(ii) The following voluntary exhaust emission standards, which apply to all 

certification and compliance testing. Blue Sky Series engines shall not be 

included in the averaging, banking, and trading program. Zero-emission small 

off-road equipment may certify to the Blue Sky Series emission standards. 

Manufacturers of zero-emission small off-road equipment are not required to 

perform emissions testing, but must file an application of certification and comply 

with the administrative requirements outlined in these procedures.

Voluntary Emission Standards

(grams per kilowatt-hour)

Model Year Displacement 

Category

Hydrocarbon plus 

Oxides of Nitrogen

Carbon 

Monoxide

Particulate*

2005 and 

subsequent

<50 cc 25 536 2.0

50 - 80 cc, 

inclusive

36 536 2.0

2007 and 

subsequent

>80 cc - <225 cc 5.0 549

2008 and 

subsequent

≥225 cc 4.0 549

* Applicable to all two-stroke engines

(b) DELETE, 

REPLACE WITH: 

Evaporative emissions. Except as specified in §1054.20, new equipment using 

engines that run on a volatile liquid fuel (such as gasoline) must meet the 

evaporative emission requirements as specified in Title 13, California Code of 

Regulations, Chapter 15, Article 1. 

* * * * *

(d) DELETE.

(e) DELETE.

* * * * *

§ 1054.103 What exhaust emission standards must my handheld engines 

meet?

(a) DELETE,

REPLACE WITH:

Emission standards. The exhaust emissions from your engines may not exceed 

the emission standards that are specified in §1054.101. Measure emissions 
7

using the applicable steady-state test procedures described in subpart F of this 

part.

(b) DELETE, 

REPLACE WITH: 

Averaging, banking, and trading. You may generate or use emission credits 

under the averaging, banking, and trading (ABT) program for HC+NOX emissions 

and Particulate Matter emissions as described in Title 13, California Code of 

Regulations, Chapter 9, Article 1. 

* * * * *

(e) DELETE, 

REPLACE WITH:

Applicability for testing. The emission standards in Title 13, California Code of 

Regulations, Chapter 9, Article 1 apply to all testing, including certification, 

production-line, in-use, and new engine compliance testing.

§ 1054.105 What exhaust emission standards must my nonhandheld engines 

meet?

(a) DELETE,

REPLACE WITH:

Emission standards. Exhaust emissions from your engines may not exceed the 

emission standards that are specified in §1054.101. Measure emissions using 

the applicable steady-state test procedures described in subpart F of this part.

(b) DELETE, 

REPLACE WITH:

Averaging, banking, and trading. You may generate or use emission credits 

under the averaging, banking, and trading (ABT) program for HC+NOX emissions 

and Particulate Matter emissions as described in Title 13, California Code of 

Regulations, Chapter 9, Article 1.

* * * * *

(e) DELETE, 

REPLACE WITH:

Applicability for testing. The emission standards in Title 13, California Code of 

Regulations, Chapter 9, Article 1 apply to all testing, including certification, 

production-line, in-use, and new engine compliance testing.

§ 1054.107 What is the useful life period for meeting exhaust emission 

standards?

* * * * *
8

(a) (1) DELETE, 

RELACE WITH:

The useful life period for exhaust requirements is the number of engine operating 

hours from Title 13, California Code of Regulations, Chapter 9, Article 1, Section 

2404 that most closely matches the expected median in-use life of your engines. 

The median in-use life of your engine is the shorter of the following values:

(i) The median in-use life of equipment into which the engine is expected to be 

installed.

(ii) The median in-use life of the engine without being scrapped or rebuilt.

(2) DELETE.

(3) DELETE.

* * * * *

§ 1054.110 What evaporative emission standards must my handheld equipment 

meet?

DELETE, 

REPLACE WITH:

All equipment must meet the evaporative emission requirements as specified in 

Title 13, California Code of Regulations, Chapter 15, Article 1. The evaporative 

emission requirements apply for handheld equipment over a useful life of five 

years.

§ 1054.112 What evaporative emission standards must my nonhandheld 

equipment meet?

DELETE, 

REPLACE WITH:

All equipment must meet the evaporative emission requirements as specified in 

Title 13, California Code of Regulations, Chapter 15, Article 1. The evaporative 

emission requirements apply for nonhandheld equipment over a useful life of five 

years.

§ 1054.115 What other requirements apply?

* * * * *

(b) DELETE, 

REPLACE WITH:

Adjustable parameters. Engines that have adjustable parameters must meet all 

the requirements of this part for any adjustment in the physically adjustable 

range. An operating parameter is not considered adjustable if you permanently 
9

seal it or if it is not normally accessible using ordinary tools. We may require that 

you set adjustable parameters to any specification within the adjustable ranges 

during any testing including certification testing, production-line testing, in-use 

testing, or new engine compliance testing. 

(c) DELETE, 

REPLACE WITH:

Altitude adjustments. Engines must meet applicable emission standards for valid 

tests conducted under the ambient conditions specified in 40 CRF 1065.520. 

Engines must meet applicable emission standards at all specified atmospheric

pressures except: (i) engines with displacements ≤80 cc for atmospheric

pressures below 96.0 kPa; and, (ii) engines with displacements >80 cc may

rely on an altitude kit for atmospheric pressures below 94.0 kPa if you meet the 

requirements specified in 1054.205(r). If you rely on an altitude kit for 

certification, you must identify in the owners manual the altitude range for which 

you expect proper engine performance and emission control with and without the 

altitude kit; you must also state in the owners manual that operating the engine 

with the wrong engine configuration at a given altitude may increase its 

emissions and decrease fuel efficiency and performance. In your application for 

certification, identify the altitude above which you rely on an altitude kit to meet 

emission standards and describe your plan for making information and parts 

available such that you would reasonably expect that altitude kits would be 

widely used at all such altitudes.

* * * * *

§ 1054.120 What emission-related warranty requirements apply to me?

DELETE, 

REPLACE WITH:

The requirements of this section and Title 13, CCR, Chapter 9, Article 1 apply to 

the manufacturer certifying with respect to exhaust emissions. See Title 13, 

CCR, Chapter 15, Article 1 for the warranty requirements related to evaporative 

emissions.

* * * * *

(b) (1) DELETE,

REPLACE WITH:

The minimum warranty period is two years.

(b) (2) DELETE.

(b) (3) DELETE.

(c) DELETE, 
10

REPLACE WITH:

Components covered. The emission-related warranty covers all components 

whose failure would increase an engine's emissions of any regulated pollutant, 

including components listed in Title 13, California Code of Regulations, Chapters 

9 and 15, and components from any other system you develop to control 

emissions. The emission-related warranty covers these components even if 

another company produces the component. Your emission-related warranty 

does not cover components whose failure would not increase an engine's 

emissions of any regulated pollutant.

(d) DELETE.

* * * * *

(f) (3) (i) DELETE, 

REPLACE WITH:

If you have authorized service centers in all California population centers with a 

population of 100,000 or more based on the 2010 census, you may limit warranty 

repairs to these service providers.

(f) (3) (ii) DELETE, 

REPLACE WITH:

You may limit warranty repairs to authorized service centers for owners located 

within 100 miles of an authorized service center. For owners located more than 

100 miles from an authorized service center, you must state in your warranty that 

you will either pay for shipping costs to and from an authorized service center, 

provide for a service technician to come to the owner to make the warranty 

repair, or pay for the repair to be made at a local non-authorized service center. 

(f) (3) (iii) DELETE, 

REPLACE WITH:

You must have at least one authorized service center in California.

(f) (4) DELETE.

§ 1054.125 What maintenance instructions must I give to buyers?

DELETE, 

REPLACE WITH:

Give the ultimate purchaser of each new engine written instructions for properly 

maintaining and using the engine, including the emission control system as 

described in this section. The maintenance instructions also apply to service 

accumulation on your emission-data engines as described in §1054.245 and in 

40 CFR part 1065. Note that for engines with a displacement of less than or 

equal to 80 cc you may perform maintenance on emission-data engines during 
11

service accumulation provided that exhaust emission tests are performed before 

and after the maintenance is performed. 

* * * * *

(d) DELETE, 

REPLACE WITH:

Noncritical emission-related maintenance. Subject to the provisions of this 

paragraph (d), you may schedule any amount of emission-related inspection or 

maintenance that is not covered by paragraph (a) of this section (i.e., 

maintenance that is neither explicitly identified as critical emission-related 

maintenance, nor that we approve as critical emission-related maintenance). 

Noncritical emission-related maintenance generally includes re-seating valves, 

removing combustion chamber deposits, or any other emission-related 

maintenance on the components we specify in Title 13, California Code of 

Regulations, Chapters 9 and 15 that is not covered in paragraph (a) of this 

section. You must state in the owner’s manual that these steps are not 

necessary to keep the emission-related warranty valid. If operators fail to do this 

maintenance, this does not allow you to disqualify those engines from in-use 

testing or deny a warranty claim. Do not take these inspection or maintenance 

steps during service accumulation on your emission-data engines.

* * * * *

§ 1054.130 What installation instructions must I give to equipment 

manufacturers?

* * * * *

(b) (2) DELETE, 

REPLACE WITH:

State: “Failing to follow these instructions when installing a certified engine in offroad equipment violates California law, subject to penalties as described in Title 

13, California Code of Regulations.”

* * * * *

(b) (4) DELETE, 

REPLACE WITH:

Describe the steps needed to control evaporative emissions in accordance with 

Executive Order that you hold. Include instructions for connecting fuel lines as 

needed to prevent running loss emissions, if applicable. Such instructions must 

include sufficient detail to ensure that running loss control will not cause the 

engine to exceed exhaust emission standards. For example, you may specify a 

maximum vapor flow rate under normal operating conditions. Also include 
12

notification that the installer must meet the requirements of §1054.112 and Title 

13, California Code of Regulations, Chapter 15, Article 1.

* * * * *

(b) (7) DELETE, 

REPLACE WITH:

State: “If you install the engine in a way that makes the engine's emission control 

information label hard to read during normal engine maintenance, you must place 

a duplicate label on the equipment, as described in Title 13, California Code of 

Regulations, Chapter 9, Article 1, Section 2404.”

* * * * *

§ 1054.135 How must I label and identify the engines I produce?

DELETE, 

REPLACE WITH:

The label shall meet the requirements specified in Section 2404, Title 13 of the 

California Code of Regulations. 

§ 1054.140 What is my engine's maximum engine power and displacement?

* * * * *

(a) DELETE, 

REPLACE WITH:

An engine configuration's maximum engine power is the maximum brake power 

point on the nominal power curve for the engine configuration, as defined in this 

section. Round the power value to the nearest 0.1 kilowatts for nonhandheld 

engines and to the nearest 0.01 kilowatts for handheld engines. The nominal 

power curve of an engine configuration 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. For handheld engines, we may 

allow manufacturers to base the nominal power curve on other mapping 

procedures. This information may also be expressed by a torque curve that 

relates maximum available engine torque with engine speed. Note that 

maximum engine power is based on engines and installed engine governors; 

equipment designs that further limit engine operation do not change maximum 

engine power.

* * * * *
13

§ 1054.145 Are there interim provisions that apply only for a limited time?

* * * * *

(a) DELETE.

(b) DELETE.

(c) DELETE.

(d) DELETE.

(e) DELETE.

(f) DELETE.

(g) DELETE.

(h) DELETE.

(i) DELETE.

(j) DELETE, 

REPLACE WITH:

Continued use of California Exhaust Emission Standards and Test Procedures 

for 2005 through 2012 Small Off-Road Engines. You may use the test 

procedures for measuring exhaust emissions in the California Exhaust Emission 

Standards and Test Procedures for 2005 through 2012 Small Off-Road Engines 

instead of those in subpart F of this part for the 2013 through 2014 model years.

This applies for certification, production-line, and in-use testing. You may 

continue to use data based on the test procedures in the California Exhaust 

Emission Standards and Test Procedures for 2005 through 2012 Small Off-Road 

Engines for engine families in 2014 and later model years, provided that we allow 

you to use carryover emission data under 40 CFR 1054.235(d) for your engine

family. You may also use the test procedures for measuring exhaust emissions 

in the California Exhaust Emission Standards and Test Procedures for 2005 to 

2012 Small Off-Road Engines for production-line testing with any engine family 

whose certification is based on testing with those procedures.

(k) DELETE.

* * * * *

(m) DELETE.

(n) DELETE. 
14

(o) DELETE.

Subpart C—Certifying Emission Families

§ 1054.201 What are the general requirements for obtaining a certificate of 

conformity?

DELETE, 

REPLACE WITH:

Engine manufacturers must certify their engines with respect to the exhaust 

emission standards in Title 13, CCR, Chapter 9, Article 1, Section 2403. 

Manufacturers of engines, equipment, or fuel-system components may need to 

certify their products with respect to evaporative emission standards as 

described in Title 13, CCR, Chapter 15, Article 1. The following general 

requirements apply for obtaining an Executive Order:

(a) DELETE, 

REPLACE WITH:

You must send us a separate application for an Executive Order for each engine 

family. An Executive Order is not valid for any production after December 31 of 

the model year for which it is issued. If you certify with respect to both exhaust 

and evaporative emissions, you must submit separate applications. 

* * * * *

(d) DELETE.

* * * * *

(h) DELETE.

ADD:

(i) The Executive Officer may request notification, prior to the initial model year 

submission of an engine manufacturer’s certification application(s), of the engine 

manufacturer’s intent to seek engine family certification (i.e., a letter of intent) so 

that the Executive Officer can adequately allocate resources required for 

reviewing such certification applications in a timely manner. Such letters of intent 

must provide the engine manufacturer’s best estimate of general information for 

the applicable model-year certification, such as identification of each engine 

family, date of expected submission, etc.

§ 1054.205 What must I include in my application?

DELETE, 

REPLACE WITH:
15

This section specifies the information that must be in your application, unless we 

ask you to include less information under §1054.201(c). We may require you to 

provide additional information to evaluate your application. The provisions of this 

section apply to the manufacturer that is to be granted an Executive Order. 

(a) DELETE, 

REPLACE WITH:

Describe the engine family's specifications and other basic parameters of the 

engine's design and emission controls (i.e., catalyst specifications). List the fuel 

type on which your engines are designed to operate (for example, all-season 

gasoline). List each distinguishable engine configuration in the engine family. 

* * * * *

(i) DELETE, 

REPLACE WITH:

Include the maintenance and warranty instructions you will give to the ultimate 

purchaser of each new engine (see §§1054.120 and 1054.125). Describe your 

basis for meeting the warranty-assurance provisions in §1054.120(f). Describe 

your recall repair network if it is different than your warranty repair network.

* * * * *

(l) DELETE, 

REPLACE WITH:

Identify the emission standards or FELs for the engine family. Include a 

statement indicating whether the manufacturer intends to include the engine 

family in a corporate average, and, if so, an estimate of the overall corporate 

average emissions for that model year.

* * * * *

(p) (1) DELETE,

REPLACE WITH:

Report all test results involving measurement of pollutants for which emission 

standards apply. Include test results from invalid tests and from any other tests, 

whether or not they were conducted according to the test procedures of subpart 

F of this part. We may ask you to send other information to confirm that your 

tests were valid under the requirements of this part; Title 13, CCR, Chapters 9 

and 15; and 40 CFR 1065.

(2) DELETE, 

REPLACE WITH:

Report measured CO2, N2O, and CH4 as described in §1054.235. 

* * * * *
16

ADD:

(q) (5) Information including but not limited to part numbers, technical 

specifications, schematics, and photographs of physical samples. 

(r) DELETE,

REPLACE WITH:

Describe how your engines with a displacement of greater than 80 cc comply 

with emission standards at varying atmospheric pressures. Include a description 

of altitude kits you designed to comply with the requirements of §1054.115(c). 

Identify the part number of each component you describe. Identify the altitude 

range for which you expect proper engine performance and emission control with 

and without the altitude kit. State that your engines will comply with applicable 

emission standards throughout the useful life with the altitude kit installed 

according to your instructions. Describe any relevant testing, engineering 

analysis, or other information in sufficient detail to support your statement. In 

addition, describe your plan for making information and parts available such that 

you would reasonably expect that altitude kits would be widely used in the highaltitude counties. For example, engine owners should have ready access to 

information describing when an altitude kit is needed and how to obtain this 

service. Similarly, parts and service information should be available to qualified 

service facilities in addition to authorized service centers if that is needed for 

owners to have such altitude kits installed locally.

(s) DELETE.

* * * * *

(u) DELETE, 

REPLACE WITH:

Unconditionally certify that all the engines in the engine family comply with the 

requirements of this part, other referenced parts of the CFR as incorporated and 

modified herein, California’s Health and Safety Code, and CCR 2400-2409.

(v) DELETE, 

REPLACE WITH:

Include good-faith estimates of California-directed production volumes. Include a 

justification for the estimated production volumes if they are substantially different 

than actual production volumes in earlier years for similar models. Also indicate 

whether you expect the engine family to contain only off-road engines, only 

stationary engines, or both.

(w) DELETE.

(x) DELETE, 

REPLACE WITH:

Include the information required by other subparts of this part. 
17

(y) DELETE, 

REPLACE WITH:

Include other applicable information, such as information specified in this part 

related to requests for exemptions.

* * * * *

§ 1054.210 May I get preliminary approval before I complete my application?

DELETE.

§ 1054.220 How do I amend the maintenance instructions in my application?

* * * * *

§ 1054.225 How do I amend my application for certification to include new or 

modified engines or fuel systems or change an FEL?

* * * * *

(a) (3) DELETE.

* * * * *

(f) DELETE. 

§ 1054.230 How do I select emission families?

(a) DELETE, 

REPLACE WITH:

For purposes of certification, divide your product line into families of engines that 

are expected to have similar emission characteristics throughout their useful life 

as described in this section. Your engine family is limited to a single model year.

For evaporative emissions, group engines into emission families as described in 

the California Code of Regulations, Chapter 15, Article 1.

* * * * *

(d) (1) DELETE.

(d) (2) DELETE.

* * * * *
18

§ 1054.235 What exhaust emission testing must I perform for my application for 

a certificate of conformity?

* * * * *

(a) DELETE, 

REPLACE WITH:

Select an emission-data engine from each engine family for testing as described 

in 40 CFR 1065.401. Select a configuration that is most likely to exceed the 

HC+NOX standard. Configurations must be tested as they will be produced, 

including installed governors, if applicable.

* * * * *

(c) (3) DELETE, 

REPLACE WITH:

For engines with adjustable parameters, manufacturers must test the engines at 

both extremes of the adjustment, as applicable.

* * * * *

(g) DELETE, 

REPLACE WITH:

Measure CO2and CH4with each low-hour certification test using the procedures 

specified in 40 CFR part 1065 starting in the 2013 model year. Also measure 

N2O with each low-hour certification test using the procedures specified in 40 

CFR part 1065 starting in the 2013 model year for any engine family that 

depends on NOx aftertreatment to meet emission standards. Use the same units 

and modal calculations as for your other results to report a single weighted value 

for each constituent. Round the final values as follows:

(1) Round CO2to the nearest 1 g/kW-hr.

(2) Round N2O to the nearest 0.001 g/kW-hr.

(3) Round CH4to the nearest 0.001 g/kW-hr.

ADD:

(h) The use of auxiliary fans for engine cooling must be indicated in the 

application for certification. The manufacturer must justify to the satisfaction of 

the Executive Officer in the application for certification the need for and use of 

such fans. The manufacturer must also demonstrate that the supplemental 

cooling resulting from the use of the fans is representative of in-use engine 

operation.
19

§ 1054.240 How do I demonstrate that my emission family complies with 

exhaust emission standards?

(a) DELETE, 

REPLACE WITH:

For purposes of certification, your engine family is considered in compliance with 

the emission standards in §1054.101(a) if all emission-data engines representing 

that family have test results showing deteriorated emission levels at or below 

these standards. This includes all test points over the course of the durability 

demonstration. Note that your FELs are considered to be the applicable 

emission standards with which you must comply if you participate in the ABT 

program.

* * * * *

(c) DELETE, 

REPLACE WITH:

Determine a deterioration factor to compare emission levels from the emissiondata engine with the applicable emission standards. Section 1054.245 specifies 

how to test engines to develop deterioration factors that represent the expected 

deterioration in emissions over your engines' full useful life. Calculate a 

multiplicative deterioration factor as described in §1054.245. If the deterioration 

factor is less than one, use one. Specify the deterioration factor to one more 

significant figure than the emission standard. 

* * * * *

§ 1054.245 How do I determine deterioration factors from exhaust durability 

testing?

DELETE, 

REPLACE WITH:

(a) Small-volume engine manufacturers may, at their option, use deterioration 

factors (DF) for HC+NOx (NMHC+NOx) and CO from Table 1 or Table 2 of this 

paragraph (a) or they may calculate deterioration factors for HC+NOx

(NMHC+NOx) and CO according to the process described in paragraph (d) of this 

section. For technologies that are not addressed in Table 1 or Table 2 of this 

paragraph (a), the manufacturer may ask the Executive Officer to assign a 

deterioration factor prior to the time of certification.

(b) Table 1 follows:

TABLE 1: ENGINES GREATER THAN 80 CC HC+NOx (NMHC+NOx) AND CO 

ASSIGNED DETERIORATION FACTORS FOR SMALL VOLUME ENGINE 

MANUFACTURERS
20

Displacement Side valve engines Overhead valve engines Engines with

Category HC+NOx

(NMHC+NOx)

CO HC+NOx

(NMHC+NOx)

CO aftertreatment

>80 cc-<225 

cc

2.1 1.1 1.5 1.1 DFs must be 

calculated using the 

formula in 

≥ 225 cc 1.6 1.1 1.4 1.1 Subsection (d) below

(c) Table 2 follows:

TABLE 2. ENGINES AT OR BELOW 80 CC HC+NOx (NMHC+NOx) AND CO 

ASSIGNED DETERIORATION FACTORS FOR SMALL VOLUME ENGINE 

MANUFACUTURERS

Displacement Two-stroke 

engines1

Four-stroke 

engines

Engines with

category HC+NOx

(NMHC+NOx

)

CO HC+NOx

(NMHC+NOx)

CO aftertreatment

0-80 cc, 

inclusive

1.1 1.1 1.5 1.1 DFs must be calculated 

using the formula in 

Subsection (d) below

1 Two-stroke technologies to which these assigned deterioration factors apply 

include conventional two-strokes, compression wave designs, and stratified 

scavenging designs.

(d) Formula for calculating deterioration factors for engines with aftertreatment:

DF = [(NE * EDF) – (CC * F)]/(NE – CC) 

Where:

DF = deterioration factor.

NE = new engine emission levels prior to the catalyst (g/kW-hr).

EDF = deterioration factor for engines without catalyst as shown in Table 1 

or Table 2 of this paragraph. 

CC = amount converted at 0 hours in g/kW-hr.

F = 0.8 for HC (NMHC), 1.0 for NOx, and 0.8 for CO for all classes of 

engines.

(e)(1) Manufacturers shall obtain an assigned DF or calculate a DF, as 

appropriate, for each regulated pollutant for all engine families. Such DF shall be 

used for certification, production line testing, and Selective Enforcement Auditing. 
21

(2) For engines not using assigned deterioration factors from Table 1 or Table 

2 of paragraph (a) of this section, deterioration factors shall be determined as 

follows:

(i) The new prototype engine must be emissions tested at zero hour (breakin) with all emission control systems (e.g., EGR, catalysts, etc.) installed.

(ii) The engine must be aged on the emissions durability cycle to the first test 

point. The manufacturer must choose its test points that are equally divided 

(same number of hours ± 2 hours). An emissions test is conducted at half the 

emissions durability period ± 2 hours.

(iii) The prototype engine must be emissions tested at each test point. 

Following testing the durability cycle must be continued to the next point.

(iv) Only specified maintenance may be performed during durability cycle 

testing. In addition, an emission test must be performed before and after the 

maintenance is performed. 

(v) When the prototype engine has been aged on the durability cycle to the 

full emissions durability cycle, a final emissions test must be conducted.

(vi) For each pollutant, a line must be fitted to the data points treating the 

initial test as occurring at hour=0, and using the method of least-squares. The 

deterioration factor is the calculated emissions at the end of the emissions 

durability period divided by the calculated emissions at zero hours.

(vii) If the engine manufacturer conducts more than one test at a test point, the 

number of tests at every test point must be the same. All tests must be used in a

linear regression analysis as separate points to determine the deterioration 

factor.

(viii) Additional engines identical to the original test engine may be tested with 

prior approval from the Executive Officer. In such cases, data collection must 

remain consistent for all test engines. The testing of multiple engines requires 

the determination of separate deterioration factors for each test engine. The 

official deterioration factor shall be the average of the separate deterioration 

factors for each test engine.

(ix) The product of the zero-hour (break-in) results from the engine multiplied 

by the deterioration factor is the emissions certification value for that engine 

family and pollutant. In the case of multiple zero-hour tests on a single engine, 

the engine manufacturer must select the last zero-hour test as the official 

zero-hour test upon which the deterioration factor is applied. If multiple engines 

are tested, the manufacturer must select the highest zero-hour result among the 

last zero-hour test of each engine as the official zero-hour test upon which the 

deterioration factor is applied.

(3) ARB may reject a DF if it has evidence that the DF is not appropriate for 

that engine family within 30 days of receipt from the manufacturer. The 

manufacturer must retain actual emission test data to support its choice of DF

and furnish that data to the Executive Officer upon request. Manufacturers may 

request approval by the Executive Officer of alternative procedures for 

determining deterioration. Any submitted DF not rejected by ARB within 30 days 

shall be deemed to have been approved. 
22

(4) Calculated deterioration factors may cover families and model years in 

addition to the one upon which they were generated if the manufacturer submits 

a justification acceptable to the Executive Officer in advance of certification that 

the affected engine families can be reasonably expected to have similar emission 

deterioration characteristics. 

(5) Engine families that undergo running changes need not generate a new 

DF, if the manufacturer submits a justification acceptable to the Executive Officer 

concurrent with the running change that the affected engine families can be 

reasonably expected to have similar emission deterioration characteristics.

§ 1054.250 What records must I keep and what reports must I send to EPA?

(a) DELETE, 

REPLACE WITH:

Send to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, 

El Monte, CA, 91731, information related to your California-directed production 

volumes as described in §1054.345. In addition, within 45 days after the end of

the model year, you must send ARB a report describing information about 

engines you produced during the model year as follows:

(a) (1) DELETE,

REPLACE WITH:

State the total California and Federal production volume for each engine family.

(a) (2) DELETE.

(a) (3) DELETE.

(a) (4) DELETE.

* * * * *

§ 1054.255 What decisions may EPA make regarding my certificate of 

conformity?

(a) DELETE,

REPLACE WITH:

If we determine your application is complete and shows that the engine family 

meets all the requirements of 40 CFR part 1054, the California Health and Safety 

Code, and Title 13, California Code of Regulations, Chapters 9 and 15, we will 

issue an Executive Order for your engine family for that model year. We may 

make the approval subject to additional conditions.

(b) DELETE, 
23

REPLACE WITH:

We may deny your application for certification if we determine that your engine

family fails to comply with emission standards or other requirements of 40 CFR

part 1054 or the California Health and Safety Code or Title 13, California Code of 

Regulations, Chapters 9 and 15. We will base our decision on all available 

information. If we deny your application, we will explain why in writing.

* * * * *

(c) (4) DELETE, 

REPLACE WITH:

Deny us from completing authorized activities (see subsections (i) through (vi) 

below). This includes a failure to provide reasonable assistance.

(i) We may inspect your testing, manufacturing processes, storage facilities 

(including port facilities for imported engines and equipment or other relevant 

facilities), or records, as authorized by California law, to enforce the provisions of 

40 CFR part 1054. Inspectors will have authorizing credentials and will limit 

inspections to reasonable times—usually, normal operating hours.

(ii) If we come to inspect, we may or may not have a warrant or court order.

(A) If we do not have a warrant or court order, you may deny us entry.

(B) If we have a warrant or court order, you must allow us to enter the facility and 

carry out the activities it describes.

(iii) We may seek a warrant or court order authorizing an inspection described in 

this section whether or not we first tried to get your permission to inspect.

(iv) We may select any facility to do any of the following:

(A) Inspect and monitor any aspect of engine or equipment manufacturing, 

assembly, storage, or other procedures, and any facilities where you do them.

(B) Inspect and monitor any aspect of engine or equipment test procedures or 

test-related activities, including test engine/equipment selection, preparation, 

service accumulation, emission duty cycles, and maintenance and verification of 

your test equipment's calibration.

(C) Inspect and copy records or documents related to assembling, storing, 

selecting, and testing an engine or piece of equipment.

(D) Inspect and photograph any part or aspect of engines or equipment and 

components you use for assembly.
24

(v) You must give us reasonable help without charge during an inspection 

authorized by California law, including but not limited to the Health and Safety 

Code. For example, you may need to help us arrange an inspection with the 

facility's managers, including clerical support, copying, and translation. You may 

also need to show us how the facility operates and answer other questions. If we 

ask in writing to see a particular employee at the inspection, you must ensure 

that he or she is present (legal counsel may accompany the employee).

(vi) If you have facilities in other countries, we expect you to locate them in 

places where local law does not keep us from inspecting as described in this 

section. We will not try to inspect if we learn that local law prohibits it, but we 

may suspend your certificate if we are not allowed to inspect.

* * * * *

(c) (7) DELETE, 

REPLACE WITH:

Take any action that otherwise circumvents the intent of the California Health and 

Safety Code, or 40 CFR part 1054 or Title 13, California Code of Regulations, 

Chapters 9 and 15.

(d) DELETE, 

REPLACE WITH:

We may void your certificate if you do not keep the records we require or do not 

give us information as required under 40 CFR part 1054 or the California Health 

and Safety Code, or Title 13, California Code of Regulations, Chapters 9 and 15.

* * * * *
25

Subpart D—Production-Line Testing

§1054.300

DELETE, 

REPLACE WITH:

§1054.300 General provisions.

Upon the Executive Officer’s request, the manufacturer must supply a 

reasonable number of production engines for testing and evaluation. These 

engines must be representative of typical production and supplied for testing at 

such time and place and for such reasonable periods as the Executive Officer 

may require. Manufacturers must comply with the production-line testing 

provisions as specified in Title 13, California Code of Regulations, Section 2407. 
26

Subpart E—In-use Testing

§ 1054.401 General provisions.

* * * * *
27

Subpart F—Test Procedures

§ 1054.501 How do I run a valid emission test?

* * * * *

(b) (2) (ii) DELETE,

REPLACE WITH:

For engines with a displacement of greater than eighty cubic centimeters, you 

may use the blended fuel for certifying engines under this part without our 

advance approval. If you use the blended fuel for certifying a given engine 

family, you must also use it for production-line testing or any other testing you 

perform for that engine family under this part. If the certification of all your engine 

families in a given model year is based on test data collected using the blended 

fuel, we will also use the blended fuel for testing your engines. If the certification 

of some but not all of your engine families in a given model year is based on test 

data collected using the blended fuel, we may use the blended fuel or the 

specified gasoline test fuel for testing any of your engines.

* * * * *

(b) (3) (ii) DELETE,

REPLACE WITH:

Intake air temperature. Measure engine intake air temperature as described in 

40 CFR 1065.125, and control it if necessary. For example, since the purpose of 

this requirement is to ensure that the measured air temperature is consistent with 

the intake air temperature that would occur during in-use operation at the same 

ambient temperature, do not cool the intake air and do not measure air 

temperature at a point where engine heat affects the temperature measurement.

* * * * *

ADD:

(b) (8) Engine service accumulation and stabilization procedure. Use the 

service accumulation procedure determined by the manufacturer for exhaust 

emission stabilizing of an engine, consistent with good engineering practice.

(i) The manufacturer determines, for each engine family, the number of hours at 

which the engine exhaust emission control system combination is stabilized for 

emission testing. However, this stabilization procedure may not exceed 12 

hours. The manufacturer must maintain, and provide to the Executive Officer 

upon request, a record of the rationale used in making this determination. If the 

manufacturer can document that at some time prior to the full 12 hour service 

accumulation period the engine emissions are decreasing for the remainder of 

the 12 hours, the service accumulation may be completed at that time. The 
28

manufacturer may elect to accumulate 12 hours on each test engine within an 

engine family without making this determination. 

(ii) During service accumulation, the fuel and lubricants specified in 40 CFR 

1065 must be used. 

(iii) Engine maintenance during service accumulation is allowed only in 

accordance with 40 CFR 1065.

(9) Engine pre-test preparation. 

(i) Drain and charge the fuel tank(s) with the specified test fuel to 50 percent of 

the tank’s nominal capacity. If an external fuel tank is used, the engine fuel inlet 

system pressure must be typical of what the engine will see in use. 

(ii) If you are using the raw gas sampling method, operate the engine on the 

dynamometer measuring the fuel consumption and torque before and after the 

emission sampling equipment is installed, including the sample probe. 

(10) Analyzer pre-test procedures. 

(i) If necessary, warm up and stabilize the analyzer(s) before calibrations are 

performed. 

(ii) Replace or clean the filter elements and then leak check the system as 

required by 40 CRF 1065. If necessary, allow the heated sample line, filters and 

pumps to reach operating temperature. 

(iii) Perform the following system checks:

(A) If necessary, check the sample line temperature. Heated FID sample line 

temperature must be maintained between 110°C and 230°C; a heated NOx 

sample line temperature must be maintained between 60°C and 230°C. 

(B) Check that the system response time has been accounted for prior to sample 

collection data recording. 

(C) A HC hang-up check is permitted.

(iv) Check analyzer zero and span before and after each test at a minimum. 

Further, check analyzer zero and span any time a range change is made or at 

the maximum demonstrated time span for stability for each analyzer used. 

(11) Check system flow rates and pressures and reset, if necessary. 

* * * * *
29

(c) (2) DELETE, 

REPLACE WITH:

Describe in your application for certification any specially designed fixtures or 

other hardware if they are needed for proper testing of your engines. (Note: You 

do not need to specify the size or performance characteristics of engine 

dynamometers.) You must send us these fixtures or other hardware if we ask for 

them. We may waive the requirement of §1054.205(aa) to identify a test facility 

in the United States for such engine families as long as the projected Californiadirected production volume of all your engine families using the provisions of this 

paragraph (c)(2) is less than 5 percent of your total production volume from all 

engine families certified under this part 1054.

(d) DELETE, 

REPLACE WITH:

Wintertime engines. You may test wintertime engines at the ambient 

temperatures specified in 40 CFR 1065.520, even though this does not represent 

in-use operation for these engines (40 CFR 1065.10(c)(1)). In this case, you 

may modify the test engine as needed to achieve intake temperatures that are 

analogous to in-use conditions. You may also test wintertime engines at reduced 

ambient temperatures as specified in 40 CFR 1051.505. Use the gasoline 

specified for low-temperature testing only if you test your engines at ambient 

temperatures below 20 °C.

§ 1054.505 How do I test engines?

(a) DELETE, 

REPLACE WITH:

This section describes how to test engines under steady-state conditions. For 

engines with a displacement of less than or equal to eighty cubic centimeters you 

must perform tests with discrete-mode sampling. For engines with a 

displacement of greater than eighty cubic centimeters we allow you to perform 

tests with either discrete-mode or ramped-modal testing methods. You must use 

the same modal testing method for certification and all other testing you perform 

for an engine family. If we test your engines to confirm that they meet emission 

standards, we will use the modal testing method you select for your own testing.

If you submit certification test data collected with both discrete-mode and 

ramped-modal testing (either in your original application or in an amendment to 

your application), either method may be used for subsequent testing. We may 

also perform other testing as allowed by the California’s Health and Safety Code. 

Conduct duty-cycle testing as follows:

* * * * *

(a) (2) DELETE, 

REPLACE WITH:
30

For ramped-modal testing, start sampling at the beginning of the first mode and 

continue sampling until the end of the last mode. Calculate emissions and cycle 

statistics the same as for transient testing as specified in 40 CFR part 1065. 

Unless we specify otherwise, you may simulate the governor for ramped-modal 

testing.

* * * * *

§ 1054.520 What testing must I perform to establish deterioration factors?

* * * * *
31

Subpart G—Special Compliance Provisions

§ 1054.601 What compliance provisions apply?

(a) DELETE, 

REPLACE WITH:

Engine and equipment manufacturers, as well as owners, operators, and 

rebuilders of engines subject to the requirements of this part, and all other 

persons, must observe the provisions of this part and the provisions of 

California’s Health and Safety Code.

* * * * *

(c) (1) DELETE, 

REPLACE WITH:

You must label the engine as specified in Title 13, Chapter 9, Article 1, Section 

2404.

* * * * *

§ 1054.610 What is the exemption for delegated final assembly?

DELETE.

§ 1054.612 What special provisions apply for equipment manufacturers 

modifying certified nonhandheld engines?

DELETE.

§ 1054.615 What is the exemption for engines certified to standards for Large 

SI engines?

DELETE.

§ 1054.620 What are the provisions for exempting engines used solely for 

competition?

DELETE.

§ 1054.625 What requirements apply under the Transition Program for 

Equipment Manufacturers?

DELETE.
32

§ 1054.626 What special provisions apply to equipment imported under the 

Transition Program for Equipment Manufacturers?

DELETE.

§ 1054.630 What provisions apply for importation of individual items for 

personal use?

DELETE.

§ 1054.635 What special provisions apply for small-volume engine and 

equipment manufacturers?

DELETE, 

REPLACE WITH:

This section describes how we apply the special provisions in this part for smallvolume engine and equipment manufacturers. Small-volume engine and 

equipment manufacturers may use assigned deterioration factors. See 

§1054.245.

§ 1054.640 What special provisions apply to branded engines?

* * * * *

§ 1054.645 What special provisions apply for converting an engine to use an 

alternate fuel?

DELETE, 

REPLACE WITH:

An Executive Order is no longer valid for an engine if the engine is modified such 

that it is not in a configuration covered by the Executive Order. Such engines 

may need to be recertified as specified in 40 CFR part 1054 if the Executive 

Order is no longer valid for that engine.

DELETE.

§ 1054.650 What special provisions apply for adding or changing governors?

* * * * *

(b) DELETE.

§ 1054.655 What special provisions apply for installing and removing altitude 

kits?

DELETE,

REPLACE WITH:
33

An action for the purpose of installing or modifying altitude kits and performing 

other changes to compensate for changing altitude is not considered a prohibited 

act as long as it is done consistent with the manufacturer’s instructions.

§ 1054.660 What are the provisions for exempting emergency rescue 

equipment?

DELETE, 

REPLACE WITH:

Fire and police departments and other entities that specialize in emergency 

response may purchase emergency equipment powered by a non-California 

certified engine under the provisions specified in Title 13, Chapter 9, Article 1, 

Section 2403(f). 

§ 1054.690 What bond requirements apply for certified engines?

DELETE. 
34

Subpart H—Averaging, Banking and Trading for Certification

§1054.701 General Provisions.

DELETE, 

REPLACE WITH:

Each manufacturer must comply with all provisions of the averaging, banking, 

and trading program outlined in Title 13, California Code of Regulations, Sections 

2408-2409, for each engine family participating in that program.
35

Subpart I—Definitions and Other Reference Information

§ 1054.801 What definitions apply to this part?

DELETE, 

REPLACE WITH:

The following definitions apply to this part. The definitions apply to all subparts 

unless we note otherwise. All undefined terms have the meaning California’s 

Health and Safety Code gives to them. The definitions follow:

Adjustable parameter DELETE, 

REPLACE WITH:

Adjustable parameter means any device, system, or element of design that 

someone can adjust (including those which are difficult to access) and that, if 

adjusted, may affect emissions or engine performance during emission testing or 

normal in-use operation. 

* * * * *

Alcohol-fueled engine DELETE.

Amphibious vehicle DELETE.

Applicable emission standard or applicable standard DELETE, 

REPLACE WITH:

Applicable emission standard or applicable standard means an emission 

standard to which an engine (or equipment) is subject. Additionally, if an engine 

(or equipment) has been or is being certified to another standard or FEL, 

applicable emission standard means the FEL or other standard to which the 

engine (or equipment) has been or is being certified. 

* * * * *

ADD:

Certificate of Conformity means an Executive Order issued in accordance with 

the California Health and Safety Code, Division 26, Part 5 chapters 1 and 2. 

Certification DELETE, 

REPLACE WITH:

Certification means, with respect to new small off-road engines, obtaining an 

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

emission standards and requirements specified in the California Code of 

Regulations, Title 13, chapter 9, Sections 2400-2409. 

Certified emission level DELETE.

Class I DELETE.
36

Class II DELETE. 

Class III DELETE.

Class IV DELETE. 

Class V DELETE. 

Clean Air Act DELETE.

Cold-weather equipment DELETE.

Crankcase emissions DELETE.

* * * * *

Date of manufacture DELETE.

Days DELETE, 

REPLACE WITH:

Days means calendar days unless otherwise specified. For example, when we 

specify working days we mean calendar days, excluding weekends and 

California state holidays.

Designated Compliance Officer DELETE, 

REPLACE WITH:

Designated Compliance Officer means the Executive Officer of the Air Resources 

Board or a designee of the Executive Officer. 

Designated Enforcement Officer DELETE. 

* * * * *

Deterioration factor DELETE, 

REPLACE WITH:

Deterioration factor means the relationship between emissions at the end of 

useful life and emissions at the low-hour test point (see §§1054.240 and 

1054.245), expressed as the ratio of emissions at the end of useful life to 

emissions at the low-hour test point.

* * * * *

Dry weight DELETE.

* * * * *
37

Emission control system DELETE.

* * * * *

Engine DELETE, 

REPLACE WITH:

Engine as used in this part, refers to small off-road engine.

* * * * *

Engine manufacturer DELETE.

ADD:

EPA means Air Resources Board. 

* * * * *

Equipment manufacturer DELETE,

REPLACE WITH:

Equipment manufacturer means a manufacturer of equipment with an engine . 

All such equipment manufacturing entities under the control of the same person 

are considered to be a single equipment manufacturer. 

Evaporative DELETE, 

REPLACE WITH:

Evaporative means relating to fuel emissions controlled by Title 13, California 

Code of Regulations, Chapter 15, Article 1. This generally includes emissions 

that result from permeation of fuel through the fuel-system materials or from 

ventilation of the fuel system.

Excluded DELETE.

ADD:

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

Resources Board or his or her delegate certifying engines for sale in California. 

Exempted DELETE. 

* * * * *

Family emission limit (FEL) DELETE, 

REPLACE WITH:

Family emission limit (FEL) means an emission level declared by the 

manufacturer that will be used in the ABT program. The family emission level will 

take the place of an otherwise applicable emission standard. The family 

emission limit must be expressed to the same number of decimal places as the 
38

emission standard it replaces. The family emission limit serves as the emission 

standard for the engine family (exhaust) or emission family (evaporative) with 

respect to all required testing.

* * * * *

Fuel line DELETE.

* * * * *

Good engineering judgment DELETE.

Handheld DELETE, 

REPLACE WITH:

Handheld means equipment that contains an engine with a displacement of less 

than 80cc.

* * * * *

Integrated equipment manufacturer DELETE.

* * * * *

Manufacturer DELETE.

Marine engine DELETE.

Marine generator engine DELETE.

Marine vessel DELETE.

* * * * *

Maximum test torque DELETE.

Model year DELETE. 

Motor vehicle DELETE.

New nonroad engine DELETE.

New nonroad equipment DELETE.

Noncompliant engine or noncompliant equipment DELETE.

Nonconforming engine or nonconforming equipment DELETE.
39

* * * * *

Nonintegrated equipment manufacturer DELETE.

Nonmethane hydrocarbon DELETE, 

REPLACE WITH:

Nonmethane hydrocarbon (NMHC) means the sum of all hydrocarbon species 

except methane. Refer to §1065.660 for NMHC determination. 

* * * * *

Nonroad DELETE.

Nonroad engine DELETE, 

REPLACE WITH:

Nonroad engine means a small off-road engine as defined in the California Code 

of Regulations, Title 13, Chapter 9, Section 2401. 

* * * * *

Permeation emissions DELETE.

Phase 1 DELETE.

Phase 2 DELETE.

Phase 3 DELETE. 

* * * * *

Pressurized oil system DELETE.

* * * * *

Rated-speed equipment DELETE

REPLACE WITH:

Rated-speed equipment means equipment in which the installed engine is 

intended for operation at a rated speed that is nominally 3600 rpm or higher.

Recreational application DELETE.

* * * * *

Revoke DELETE.

* * * * *
40

Running loss emissions DELETE.

* * * * *

Small-volume emission family DELETE.

Small-volume engine manufacturer DELETE, 

REPLACE WITH:

Small-volume engine manufacturer means any engine manufacturer whose total 

production of small off-road engines slated for sale in California are projected at 

the time of certification of a given model year to be nor more than 500 engines. 

Small-volume equipment manufacturer DELETE.

* * * * *

Structurally integrated nylon fuel tank DELETE.

Subchapter U DELETE.

Suspend DELETE.

* * * * *

Tethered gas cap DELETE.

* * * * *

Total hydrocarbon DELETE, 

REPLACE WITH:

Total hydrocarbon (THC) means the combined mass of organic compounds 

measured by the specified procedure for measuring total hydrocarbon, 

expressed as a hydrocarbon with a hydrogen-to-carbon mass ratio of 1.85:1. 

Total hydrocarbon equivalent DELETE, 

REPLACE WITH:

Total hydrocarbon equivalent (THCE) means the sum of the carbon mass 

contributions of non-oxygenated hydrocarbons, alcohols and aldehydes, or other 

organic compounds that are measured separately as contained in a gas sample, 

expressed as exhaust hydrocarbon from petroleum-fueled engines. The 

hydrogen-to-carbon ratio of the equivalent hydrocarbon is 1.85:1.

* * * * *

Ultimate purchaser DELETE, 

REPLACE WITH:
41

Ultimate purchaser means, with respect to any new small off-road equipment or 

new small off-road engine, the first person who in good faith purchases such new 

off-road equipment or new off-road engine for purposes other than resale.

United States DELETE.

Upcoming model year DELETE.

U.S.-directed production volume DELETE.

Useful life DELETE, 

REPLACE WITH:

Useful life means the period during which the engine and equipment are 

designed to properly function in terms of power output and intended function, 

without being remanufactured, specified as a number of hours of operation or 

calendar years, whichever comes first. It is the period during which an off-road 

engine must comply with all applicable emission standards. If an engine has no 

hour meter, the specified number of hours does not limit the period during which 

an in-use engine is required to comply with emission standards unless the 

degree of service accumulation can be verified separately.

* * * * *

Vessel DELETE.

Void DELETE.

* * * * *

We (us, our) DELETE:

REPLACE WITH:

We (us, our) means the Air Resources Board and any authorized 

representatives.

* * * * *

§ 1054.805 What symbols, acronyms, and abbreviations does this part use?

* * * * *

§ 1054.815 What provisions apply to confidential information?

DELETE, 

REPLACE WITH:

(a) Clearly show what you consider confidential by marking, circling, bracketing, 

stamping, or some other method.
42

(b) We will handle your confidential information as described in Title 17, 

California Code of Regulations, Section 91000-91022. 

(c) If you send us information without claiming it is confidential, we may make it 

available to the public without further notice to you.

§ 1054.820 How do I request a hearing?

DELETE, 

REPLACE WITH:

The hearing procedure set forth in Subchapter 1.25, Title 17, California Code of 

Regulations, Section 60040, et seq. apply to this subpart.

ADD:

§ 1054.821 Right of entry and access.

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

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

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

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

or procedures are or were performed.

(2) Any facility where any new small off-road engine is present and is being, 

has been, or will be tested.

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

builds-up an engine into a certification engine that will be tested for certification.

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

is located.

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

any ARB Enforcement Officer must be allowed:

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

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

preconditioning, emissions tests and break-in, maintenance, and engine storage 

procedures.

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

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

documents; and,

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

engine and any components to be used in the construction thereof.
43

(c) To permit an ARB determination whether production small off-road engines 

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

engines described in the Executive Order certifying such engines and to 

standards prescribed herein. Engine manufacturers must, upon receipt of prior 

notice, admit any ARB Enforcement Officer, upon presentation of credentials, to:

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

translation of the design and construction of engines and emission related 

components described in the application for certification or used for certification 

testing into production engines is located or carried on; and,

(2) Any facility where any small off-road engines to be introduced into 

commerce are manufactured or assembled.

(3) Any California retail outlet where any small off-road engine is sold.

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

Enforcement Officer must be allowed:

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

other procedures;

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

and,

(3) To inspect and photograph any part or aspect of any such new small 

off-road engines and any component used in the assembly thereof that are 

reasonably related to the purpose of the Enforcement Officer's entry. 

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

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

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

certification is required to cause those in charge of a facility operated for its 

benefit to furnish such reasonable assistance without charge to the ARB 

irrespective of whether or not the applicant controls the facility.

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

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

applies both to domestic and foreign engine manufacturers and facilities. The 

ARB will not attempt to make any inspections that it has been informed that local 

law forbids. However, if local law makes it impossible to insure the accuracy of 

data generated at a facility, no informed judgment that an engine is certifiable or 

is covered by an Executive Order can properly be based on the data. It is the 

responsibility of the engine manufacturer to locate its testing and manufacturing 

facilities in jurisdictions where this situation will not arise.
44

(g) For purposes of this Section:

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

person to be an ARB Enforcement Officer.

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

concerned, “operating hours” means all times during which personnel are at work 

in the vicinity of the area or facility and have access to it.

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

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

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

procedure, production or compilation of records, or any other procedure or 

activity is being conducted related to certification testing, translation of designs 

from the test stage to the production stage, or engine manufacture or assembly.

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

copying, interpretation and translation services; making personnel available upon 

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

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

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

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

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

facility before an ARB Enforcement Officer, upon written request from the 

Executive Officer for the appearance of any employee of a facility, and service of 

such request upon the engine manufacturer. Any such employee who has been 

instructed by the engine manufacturer to appear will be entitled to be 

accompanied, represented, and advised by counsel. 

§ 1054.825 What reporting and recordkeeping requirements apply under this 

part?

DELETE, 

REPLACE WITH:

The following items illustrate the kind of reporting and recordkeeping we require 

for engines and equipment regulated under this part:

* * * * *

(a) (1) DELETE.

(a) (2) DELETE.

(a) (3) DELETE.

(a) (4) DELETE.
45

(a) (5) DELETE.

* * * * *

(a) (8) DELETE.

(b) DELETE. 

* * * * *

(d) DELETE.

Appendix II to Part 1054—Duty Cycles for Laboratory Testing

* * * * *