- 1 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 FINAL REGULATION ORDER

NOTE: This document is written in a style to indic ate changes from the existing provisions. All existing language is indicated in plain text. All additions to language are indicated by underlined text. All deletions to language are indicated by strikeout . Only those portions containing the suggested modifications from existing provisions are included . All other portions remain unchanged and are indicated either by the symbol “ * * * * ” or by “[No change]”

for reference.

Amend sections 2401, 2403, 2404, 2405, 2406, 2408, and 2409; and adopt section 2408.1, of Article 1, Chapter 9, Division 3 , Title 13, California Code of Regulations, to read as follows:

Chapter 9. Off-Road Vehicles and Engines Pollution Control Devices Article 1. Small Off-Road Engines

§ 2401. Definitions.

(a) [No Change.]

(1) – (12) [No Change.]

(13) “Eight-hour workday” means the zero-emission s mall off-road equipment manufacturer specified operational sequence of a pa rticular type of equipment over an eight-hour period. The operational sequenc e reflects periods of equipment use, and applicable battery recharging an d exchanging.

[Renumber (13) – (34) to (14) – (35)]

(36) “Professional level” means the degree of equip ment performance expected by commercial operators. For zero-emission small o ff-road equipment, the degree of performance is based on durability test p ower loading, supplied battery capacity, cutter speed, as applicable, and other pe rformance requirements or parameters that are specific to a particular equipm ent type.

[Renumber (35) – (38) to (37) – (40)]

(41) “Standard battery package” means the manufact urer-specified combination of battery(ies) and battery charger(s) required foran individual unit of zeroemission equipment to perform one hour of continuou s operation, allowing for battery exchanges, as applicable in order for desig nation as professional-level zero-emission equipment. The one-hour periods of c ontinuous operation and battery exchanges are repeated in cycles over the c ourse of an eight-hour workday.- 2 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 [Renumber (39) – (47) to (42) – (50)]

(51) “Zero-emission equipment credits” means the am ount of emission reductions generated by using zero-emission small o ff-road equipment in place of small spark-ignition off-road equipment. Zero-e mission equipment credits are calculated pursuant § 2408.1 and approved by ARB. Electrically powered equipment that are powered exclusively through an e lectrical cord and require continuous external power generation for operation are not eligible for such

credits.

(52) “Zero-emission equipment engine family” means the engine family for zeroemission small off-road equipment based on characte ristics of the equipment, its emissions, and its power source, which may be an el ectric motor, and its energy storage device, which may be a battery.

[Renumber (48) to (53)]

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210-43212, Health and Safety C ode.

§ 2403. Exhaust Emission Standards and Test Proced ures – Small Off-Road Engines.

(a) [No Change]

(b) (1) [No Change]

(2) Low-emitting Blue Sky Series engine requireme nts.

Voluntary standards . Engines may be designated “Blue Sky Series” engines by meeting: (A) All applicable requirements of this Article, and (B) The following voluntary exhaust emission sta ndards, which apply to all certification and compliance testing. Blue Sky Series engines shall not be included in the averaging, banking, and trad ing program. Zero

- emission small off-road equipment may certify to the Blue Sk y Series emission standards. Manufacturers of zero-emission small off-road equip ment are not required to perform emissions testing, but must file an applica tion of certification and comply with the administrative requirements outlined in th e 2005 and Later Test

Procedures “California Exhaust Emission Standards and Test Pr ocedures for 2005 and Later Small Off-Road Engines,” adopted Jul y 26, 2004, and as last amended February 24, 2010, to certify their equipment for sale in California.- 3 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 (3) In lieu of meeting the requirements of subsecti on 2403(b)(2)(B), manufacturers of zero-emission small off-road equip ment may obtain zeroemission equipment credits as detailed in section 2 408.1.

* * * *

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

(4 3 ) Evaporative emission requirements for small off-r oad engines are specified in Title 13, Chapter 15, Article 1.

(c) [No change.]

(d) The test procedures for determining complianc e with the standards for exhaust emissions from new small off-road engines a re set forth in “California

Exhaust Emission Standards and Test Procedures for 1995-2004 Small Off-Road Engines,” adopted March 20, 1992, and last amended July 26, 2004 or

“California Exhaust Emission Standards and Test Pro cedures for 2005 and Later Small Off-Road Engines,” adopted July 26, 2004, as applic able and as last amended February 24, 2010 , which is incorporated herein by reference.

(e) Averaging. For new 2000 and subsequent model y ear small off-road engines, a manufacturer may comply with the standar ds established in paragraph (b), above, by choosing either to certify an engine family to the standards or to use the corporate average described below.

(1) For each model year, the corporate average va lue for a pollutant is defined by the following equation:- 4 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 

# ( )( )( ) ( ) 

# ( )

( )( ) ( ) 

# ( ) AVG

EDP Factor Load Power Sales expended credits EDP Factor Load Power Sales FEL

= −



# ∑ ∑

= =

n

j j j j j j j n

j j

1 1

where n = the number of small off-road engine familie s. FEL = the Family emission level for an engine fa mily.

Sales j = eligible sales of engine family j

. Power j = sales-weighted maximum modal power, in horsepower or kilowatt as applicable, of engine family j , or an alternative approved by the Executive Officer.

EDP j

= Emissions durability period of engine family j , in hours

. AVG = For a given pollutant (HC+NO

x , CO, or Particulate Matter), a

manufacturer’s corporate average of the exhaust emi ssions from those California small off-road engines subjec t to the California corporate average pollutant exhaust emis sion standard, as established by an Executive Order cert ifying the California production for the model year. Engines certified to voluntary standards of 2403 (b)(2) are not eligible for corporate averaging. Credits expended = HC+NO

x or Particulate Matter credits, as defined in sections 2408 and 2409, that are expended by the manufacturer to adjust the corporate average. This term has no meaning for any pollutants other than HC+NO

x and

Particulate Matter. Load Factor = For Test Cycle A and Test Cycle B, the Load Factor =

47% (i.e., 0.47). For Test Cycle C, the Load Facto r = 85% (i.e., 0.85). For approved alternate test procedur es, the load factor must be calculated according to the Load Fac tor formula found in paragraph (f)(1) of section 2408.

(2) [No Change]

(3) [No Change]

(f) to (h) [No Change]

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210-43212, Health and Safety C ode.- 5 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 § 2404. Emission Control Labels and Consumer Infor mation – 1995 and Later Small Off-Road Engines.

* * * *

(m) Zero-Emission Equipment Label Content and Plac ement.

(1) A manufacturer of zero-emission small off-road equipment has the option to place a label on a piece of equipment, wh ich has earned zero-emission equipment credits, to facilitate identification of such equipment by the ultimate purchaser that the equipment was certified as zero- emission small off-road equipment, and thereby meets the required professio nal-level specifications indicated in Table 1, subsection 2108.1(b)(4)(D), a s applicable.

(A) Such label must read, “This is a professional-l evel, California-certified zero-emission [indicate equipm ent type].”

(B) Use of this option does not relieve a manufactu rer of zeroemission small off-road equipment of the other labe l requirements.

(2) The manufacturer of zero-emission small off-roa d equipment must submit, with its certification application, a state ment attesting that its label(s) comply with these requirements.

(3) Samples of all such labels used by a manufactur er of zero-emission small off-road equipment must be submitted to the E xecutive Officer within thirty days after the start of production.

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210-43212, Health and Safety C ode.

§ 2405. Defects Warranty Requirements for 1995 and Later Small OffRoad Engines.

(a) [No Change]

(b) General Emissions Warranty Coverage. The manuf acturer of each small off-road engine must warrant to the ultimate purchaser and each subsequent purchaser that the engine is: (1) Designed, built, and equipped so as to confor m with all applicable regulations adopted by the Air Resources Board purs uant to its authority in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code; and- 6 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 (2) Free from defects in materials and workmanshi p that cause the failure of a warranted part to be identical in all material respects to the part as described in the engine manufacturer’s application for certification for a minimum period of two years.

* * * *

(h) Zero-Emission Equipment Warranty Requirements.

(1) The manufacturer of zero-emission small off-roa d equipment that wishes to obtain zero-emission equipment credits mu st warrant to the ultimate purchaser, and each subsequent purchaser, that the equipment, including batteries and battery chargers, as applicable, is:

(A) Designed, built, and equipped so as to conform with all applicable regulations adopted by the Air Resources Board; and,

(B) Free from defects in materials and workmanship that cause the failure of a warranted part to be identical in all material respects to the part as

described in the manufacturer of zero-emission smal l off-road equipment’s application for certification for a minimum period of two years.

(2) A manufacturer of zero-emission small off-road equipment may establish contractual agreements with a battery sup plier, as necessary, to satisfy the specified battery and battery charger warranty coverage over the required warranty period. The equipment manufacturer will r emain ultimately liable for the
warranty coverage.

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210-43212, Health and Safety C ode.

§ 2406. Emission Control System Warranty Statement.

(a) [No Change]

(b) Warranty Contact Requirement

(1) Commencing with the 1995 calendar year, each manufa cturer must furnish with each new engine a warranty statem ent that generally describes the obligations and rights of the manufacturer and owner under this article. Manufacturers must also include in the warranty sta tement a phone number the- 7 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 consumer may use to obtain their nearest franchised United States service

center.

(2) The service center phone number must be staff ed with at least one English speaking contact. The contact must be able to respond to inquiries in real time or if the volume of calls precludes a real time response, within one business day.

(c) [No Change]

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210-43212, Health and Safety C ode.

§ 2408. Emission Reduction Credits – Certification Averaging, Banking,

and Trading Provisions.

(a) [No Change]

(b) General provisions.

(1) [No Change]

(2) An engine family may use the averaging, banki ng and trading provisions for HC+NO

x and NMHC+NO

x and Particulate Matter emissions if it is subject to regulation under this article with certa in exceptions specified in paragraph (3) of this section. HC+N O

x and Particulate Matter credits are interchangeable subject to the limitations on credi t generation, credit usage,

cross

- class averaging and other provisions described in t his section.

* * * *

(d) Banking.

(1) to (3) [No Change]

(4) Commencing with the 2009 model year, any prev iously banked certification emission credits and any new certific ation emission credits earned can be used for up to five years. In the sixth yea r, any unused certification credits will expire. (For example, if a 2009 model year engine family earns emission credits, those emission credits may be use d or banked until the 2014 model year. Any remaining banked credits earned wi th the 2009 model year, will be invalid for use in the 2015 and subsequent model years.)

* * * *- 8 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 (f) Credit calculation and manufacturer compliance with emission

standards.

(1) For each engine family, HC+NO

x and Particulate Matter certification emission credits (positive or negativ e) are to be calculated according to the following equation and rounded to the neares t gram. Consistent units are to be used throughout the equation.

Credits = (Standard – FEL) x Sales x Power x EDP x Load Factor

Where: Standard = the current and applicable small off-roa d engine HC+NO

x (NMHC+NO

x ) or Particulate Matter emission standard as determ ined in Section

2403. FEL = the family emission limit for the engine fami ly in grams per brake-horsepower hour or g/kW-hr as applicable. Sales = eligible sales as defined in section 2401. Annual sales projections are used to project credit availability for initial cer tification. Actual sales volume is used in determining actual credits for end-of-year compliance determination. Power = the sales weighted maximum modal power, in horsepower or kilowatts as applicable. This is determined by multiplying t he maximum modal power of each configuration within the family by its eligibl e sales, summing across all configurations and dividing by the eligible sales o f the entire family. Manufacturers may use an alternative if approved by the Executive Officer (for example, maximum modal power of the test engine). EDP = the Emissions Durability Period for which the engine family was certified

in hours

. Load Factor = For Test Cycle A and Test Cycle B, th e Load Factor = 47% (i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i. e., 0.85). For approved alternate test procedures, the load factor must be calculated according to the following formula:



## ( ) ( ) ( )

i i i mode

WF mode %MTS mode %MTT ×

× 

# ∑

= n

i 1

Where:

%MTT mode i = percent of the maximum torque for mode i

%MTS mode i = percent of the maximum engine rotational speed f or mode i

WF mode i = the weighting factor for mode i

(2) [No Change]

(3) If, as a result of production line testing as required in section 2407, an engine family is determined to be in noncompliance, the- 9 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 manufacturer may raise its recertify to a higher FEL for past and future production as necessary. Further, a manufacturer m ay carry a negative credit balance (known also as a credit deficit) for the su bject class and model year forward to the next model year. The credit deficit may be no larger than that created by the nonconforming family. If the credit deficit still exists after the model year following the model year in which the no nconformity occurred, the manufacturer must obtain and apply credits to offse t the remaining credit deficit at a rate of 1.2 grams for each gram of deficit wit hin the next second model year after the model year of the initial deficit . The provisions of this paragraph are subject to the limitations in paragraph (4) of this section.

(4) Regulations elsewhere in this section notwith standing, if an engine manufacturer experiences two or more product ion line testing failures pursuant to the regulations in section 2407 of this article in a given model year, the manufacturer may raise the FEL of recertify previously produced engines to a higher FEL only to the extent that such engines represent no m ore than 10% of the manufacturer’s total eligible sales for that mo del year. For any additional engines determined to be in noncompliance, the manu facturer must conduct offsetting projects approved in advance by the Exec utive Officer.

(5) If, as a result of production line testing un der section 2407, a manufacturer desires to lower its FEL, it may do so subject to Executive Officer approval and demonstration that the family would me et the new FEL in the production line testing using the existing data. A manufacturer may lower their FEL at most once per model year.

(6) [No Change]

(g) Certification Using Credits. (1) In the application for certification a manufa cturer must:

* * * *

(E) 1. If the engine family is projected to gene rate negative emission credits, state specifically the source (ma nufacturer/engine family or reserved) and quantity of the credits necessary to offset the credit deficit according to projected production. Zero emission e quipment credits can be used to compensate for negative certification emission c redits, up to forty percent above the standard. If an engine family has emissi ons higher than forty percent above the standards, certification emission credits can be used to account for the remaining emission deficit.

* * * *

(i) End-of-year and final reports.- 10 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 * * * * (3) (A) End-of year reports must be submitted wit hin 90 days of the end of the model year to: Chief, Mobile Source Ope rations Division, Air Resources Board, 9528 9480 Telstar Avenue, Suite 4 , El Monte, CA 91731. (B) Unless otherwise approved by the Executive O fficer, final reports must be submitted within 270 days of the en d of the model year to: Chief, Mobile Source Operations Division, Air Resou rces Board, 9528 9480 Telstar Avenue, Suite 4 , El Monte, CA 91731.

* * * *

(7) If ARB or the manufacturer determines that a reporting error occurred on an end-of-year or final report previous ly submitted to ARB under this section, the manufacturer’s credits and credit calc ulations must be recalculated. Erroneous positive credits will be void except as p rovided in paragraph (h g ) of this section. Erroneous negative credit balances m ay be adjusted by ARB.

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210-43212, Health and Safety C ode.

§ 2408.1 Emission Reduction Credits – Zero-Emissio n Equipment Credits Averaging, Banking, and Trading Provisions.

(a) Applicability. The requirements of section 24 08.1 are applicable to all small off-road equipment produced in the 2010 and l ater model years. Equipment certified to the voluntary standards in s ubsection 2403(b)(2), or equipment that receive funding through any emission reduction programs, are not eligible for participation in the zero-emission equipment credit averaging, banking, and trading program. Participation in thi s program is voluntary, but if a manufacturer elects to participate, it must do so i n compliance with the provisions set forth in section 2408.1. The provisions of sec tion 2408.1 are limited to

HC+NO

x (or NMHC+NO

x , as applicable) and Particulate Matter emissions.

(b) General provisions.

(1) Zero-emission equipment credits may be used to offset emissions for an engine family, if the engine family is eithe r a carry-over engine family for which the original Executive Order was issued for t he 2009 or earlier model year, or is certified to comply with applicable emissions standards for 2009 and subsequent model year small off-road engines.- 11 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 (2) A manufacturer must only include in its calcula tion of zero-emission equipment credit generation, zero-emission small of f-road equipment that are

sold and used in California.

(3) For an engine family using zero-emission equipm ent credits to compensate for negative certification emission cred its, a manufacturer may, at its option, include its entire production of that engin e family in its calculation of credit usage for a given model year.

(4) A manufacturer of zero-emission small off-road equipment that wishes to generate zero emission equipment credits must certify zero-emission equipment engine families at Family Emission Limits (FEL) of zero grams per

kilowatt-hour.

(A) A manufacturer of zero-emission small off-road equipment which certifies an engine family as a zero-emission equipment engine family may generate positive zero-emission equipment credits f or averaging, banking, or trading, or a combination thereof.

(B) Except as noted in section 2408.1(b)(4)(C), an engine family certified as a zero-emission equipment engine famil y must meet the following durability requirements:

1. 300 hours for zero-emission small off-road equip ment that functions and performs equivalently to equipme nt using spark-ignition engines with a displacement of less than or equal t o 80cc,

2. 500 hours for zero-emission small off-road equip ment that functions and performs equivalently to equipme nt using spark-ignition engines with a displacement between 80cc and 225cc.

(C) An engine family that is certified as a zero-em ission equipment engine family, but cannot achieve the ful l durability period, may generate 75 percent of the zero-emission equipment credits if the zero-emission equipment engine family can meet a minimum of 75 pe rcent up to 99 percent of the durability period. The amount of zero-emission credits would be calculated as 75 percent of the result obtained using the equa tion in section 2408.1(f). This allowance will remain in effect through the 2012 mo del year, after which all zeroemission small off-road equipment will be required to meet the full durability requirement specified in subsection 2408.1(b)(4)(B)

.

(D) Minimum professional-level requirements for zer o-emission small off-road equipment.

1. An engine family certified as a zero-emission equipment engine family must be able to operate con tinuously, allowing for any- 12 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 battery exchanges, for a minimum of one hour and me et the minimum specifications indicated in Table 1.

Table 1. Minimum Professional Level Requirements F or Zero-Emission Equipment Eligibility.

Product Type Durability

Test Power

Load Minimum

Supplied Battery Capacity (Using a

maximum

of four

individual batteries) Minimum

Cutter Speed Other

Performance Requirements or

Parameters

Chainsaw 0.6 kW 295 Wh 8,000

revolutions/min (rpm) Minimum 12-inch

bar length (305 millimeter (mm))

Trimmer/

Brushcutter 0.5 kW 295 Wh Minimum tip speed of
20,000 feet/min(102 meters/sec)

with double

line extension

and line

diameter of

0.080 inch (2mm) Minimum cutting

swath of 12 inch (305mm)

Hedge Clipper 0.4 kW 180 Wh 1,400

strokes/min • Minimum 20-

inch (508mm) cutter length

• Double reciprocating

• Minimum 0.709 inch (18mm) tooth opening- 13 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 Blower (Handheld) See “Other

Performance Requirements

or Parameters” 395 Wh - • Exit velocity multiplied by

volume (measured at the discharge pipe at the same time)
shall be 47,000

miles-ft 3 /hourmin. (3,564

metermeter 3 /hourmin.)

• The blower rating must be

based on a

measurement with single discharge pipe using the

American

National

Standards Institute (ANSI)

B175.2 test procedure.

Blower (Backpack) See “Other

Performance Requirements

or Parameters” 790 Wh

- • Exit velocity multiplied by

volume (measured at the discharge pipe at the same time)
shall be 68,000

miles-ft 3 /hourmin. (4,760

metermeter 3 /hourmin)

• The blower rating must be- 14 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 based on a

measurement with single discharge pipe using the ANSI

B175.2 test procedure.

Edger 0.5 kW 295 Wh 6,500 rpm

-

Split Boom System 0.5 kW 295 Wh 6,500 rpm

-

Walk-Behind

Lawnmower 3.0 kW 1,400 Wh

- • Minimum battery capacity to
operate one

hour over a five-mode duty cycle (with no idle mode) at 3,060 rpm

• A minimum cutting width of
21 inch, and

the maximum speed defined by the ANSI B71.1 blade tip speed safety requirements.

2. Durability testing must be performed in an equip ment configuration that is representative of actual oper ation of the equipment by the end user (i.e., using standard battery package cycl ing).

3. The minimum battery durability/life cycle is bas ed on the maximum durability power specified and the equi valent engine duty cycle (i.e., handheld equipment is 85 percent at 100 perc ent load rated speed, and- 15 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 15 percent at minimum load idle speed; a walk-behin d lawn mower is a fivemode test cycle [without an idle mode] at 3,060 rpm ).

(E) In order to generate zero-emission equipment cr edits, manufacturers of battery-powered zero-emission smal l off-road equipment must provide the ultimate purchaser with a standard batt ery package, as defined in

section 2401.

(F) 1. A manufacturer of zero-emission small off-r oad equipment must include in the certification applica tion, a description of an operational sequence over the eight-hour workday fo r the applicable zeroemission equipment engine family.

2. Total time for battery exchanges during an eigh t-hour workday for an engine family certified as a zero-em ission equipment engine family must not exceed the total refueling time for that of an equivalently performing professional-level gasoline-powered piec e of equipment during an eight-hour period of operation.

(G) Manufacturers must demonstrate compliance under the averaging, banking, and trading provisions for a pa rticular model year within 270 days after the end of the model year.

(H) 1. Batteries in an equipment manufacturer’s or iginal standard battery package must be identified with un ique part numbers that differ from the part numbers of any applicable replacement batteries.

2. Replacement batteries cannot be used to genera te zeroemission equipment credits.

(c) Averaging.

(1) Fifty percent of negative credits from engine f amilies with FELs above the applicable emission standard may be offse t by positive zero-emission equipment credits, as allowed under the provisions of section 2408.1. The remaining negative credits must be offset by positi ve certification emission credits. Averaging of credits in this manner is us ed to determine compliance under subsection 2408(f)(2).

(2) Subject to the limitations above, zero-emissio n equipment credits used in averaging for a given model year may be obt ained from zero-emission equipment credits banked in previous model years, o r zero-emission equipment credits of previous model years obtained through tr ading.

(3) Zero-emission equipment credits generated from zero-emission small off-road equipment that performs equivalently to professional-level spark-- 16 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 ignition engine powered equipment, with a displacem ent of 80cc or less, may only be used to offset emissions from other gasolin e-powered equipment with a displacement of 80cc or less.

(4) Zero-emission equipment credits generated from zero-emission small off-road equipment that performs equivalently to spark-ignition engine powered equipment, with a displacement between 80cc and 225cc, may only be used to offset emissions from other gasoline-powere d equipment with a displacement between 80cc and 225cc.

(d) Banking.

(1) Beginning with the 2010 model year, a manufactu rer of zeroemission small off-road equipment that meets the ze ro-emission equipment credit requirements may bank credits for that engin e family in the model year of certification for use in future years in averaging and trading.

(2) A manufacturer of zero-emission small off-road equipment may bank zero-emission equipment credits only after the end of the model year and after ARB has reviewed the manufacturer's end-of-ye ar reports. During the model year, and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved, and may be re-designated for trading in the end-of- year report and final report.

(3) Zero-emission equipment credits may be banked f or up to five years.

(4) Unused zero-emission equipment credits after fi ve years will expire and may no longer be used toward offsetting negativ e certification emission credits from other engine families.

(e) Trading

(1) Zero-emission equipment credits for trading can be obtained from zero-emission equipment credits banked in previous model years.

(2) Traded zero-emission equipment credits can be u sed for averaging or banking for up to five years from the time of ze ro-emission equipment credit generation.

(f) Credit calculation and manufacturer compliance with emission standards. For each engine family, HC+NO

x and Particulate Matter zero-emission equipment credits are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the equation.- 17 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 Zero-Emission Equipment Credits = Exhaust Standard x Sales x Power x EDP x

Load Factor

Where:

Exhaust Standard = the current and applicable small off-road engine HC+NO

x (NMHC+NO

x ), or Particulate Matter, exhaust emission standard , expressed in grams per kilowatt-hour (g/kW-hr), as determined in section 2403, based on the engine displacement of equivalently performing, pro fessional level, gasolinepowered equipment.

Sales = eligible sales as defined in section 2401. Annual sales projections are used to project credit availability for initial cer tification. Actual sales volume is used in determining actual credits for end-of-year compliance determination.

Power = the product of the battery capacity deliver ed in one hour and the motor efficiency, expressed in kilowatts (kW). The motor efficiency is a declared value

from the motor manufacturer.

Battery capacity = the total amount of electrical e nergy available in the equipment’s standard battery package, expressed in Watt-hours (Wh).

EDP = the Emissions Durability Period for which the engine family was certified, expressed in hours (hr).

Load Factor = For Test Cycle A and Test Cycle B, th e Load Factor = 47 percent (i.e., 0.47). For Test Cycle C, the Load Factor = 85 percent (i.e., 0.85). For alternate test procedures, a manufacturer must subm it for approval an alternative method for calculating the load factor.

(g) Certification Using Zero-Emission Equipment Cr edits.

(1) In the application for certification, a manufac turer using zeroemission equipment credits must:

(A) Submit a statement that the equipment for which certification is requested will not, to the best of the manufactu rer's belief, cause the manufacturer to be in noncompliance, under subsecti on 2408(f)(2), when accounting for the total amount of credits used for all of the manufacturer's applicable engine families.

(B) Indicate the projected number of zero-emission equipment credits generated/required for this engine family, the projected applicable eligible sales volume, and the values required to calculate zero-emission equipment credits as given in subsection 2408.1(f).- 18 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010

(C) Indicate that the zero-emission equipment credi ts used came from the same displacement category as those needed for the engine family.

(D) Submit calculations in accordance with subsecti on 2408.1(f) of the projected zero-emission equipment credits ba sed on production projections for each engine family.

(E) Specify the recipient (manufacturer/engine fami ly or reserved) and quantity of the zero-emission equipme nt credits used (whether they are banked, traded, or to be used to offset a deficit).

(2) The manufacturer of zero-emission small off-roa d equipment may supply the information required in subsections 2408 .1(g)(1)(C), 2408.1(g)(1)(D), and 2408.1(g)(1)(E), by use of an electronic spread sheet detailing the manufacturer's annual production plans, and the zer o-emission equipment credits generated by each zero-emission equipment e ngine family.

(3) All Executive Orders issued are conditional upo n manufacturer compliance with the provisions of this section 2408 .1 both during and after the model year of production.

(4) Failure to comply with all provisions of this s ection 2408.1 will be considered to be a failure to satisfy the condition s upon which the Executive Order was issued, and the Executive Order may be de termined to be void ab

initio

.

(5) The manufacturer bears the burden of establishi ng to the

satisfaction of the Executive Officer that the cond itions upon which the Executive

Order was issued were satisfied or waived.

(h) Maintenance of records.

(1) The manufacturer of zero-emission small off-roa d equipment must establish, maintain, and retain the following adequ ately organized and indexed records for each engine family:

(A) ARB engine family identification code,

(B) Family Emission Limit (FEL),

(C) Maximum equivalent modal power for each configu ration sold or an alternative approved by the Executive Of ficer,

(D) Projected sales volume for the model year,- 19 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010

(E) Records appropriate to establish the quantities of equipment that constitute eligible sales for each power ratin g for each FEL, and

(F) Records of standard battery package sales per e quipment sales, if batteries were sold separately from the e quipment.

(2) Any manufacturer of zero-emission small off-roa d equipment participating in trading reserved zero-emission equ ipment credits must maintain the following records on a quarterly basis for each such engine family:

(A) The engine family,

(B) The actual quarterly and cumulative applicable production/sales volume,

(C) The values required to calculate zero-emission equipment credits as given in subsection 2408.1(f),

(D) The resulting number of zero-emission equipment credits generated, and

(E) How and where zero-emission equipment credit su rpluses are dispersed.

(3) The manufacturer must retain all records requir ed to be maintained under this section 2408.1 for a period of eight yea rs from the due date for the end-of-year report. Records may be retained as har d copy or reduced to microfilm, diskettes, or other media, depending on the manufacturer's record retention procedure.

(4) Nothing in this section 2408.1 limits the Execu tive Officer's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this secti on 2408.1.

(5) Pursuant to a request made by the Executive Off icer, the

manufacturer must submit to the Executive Officer t he information that the manufacturer is required to retain.

(6) ARB may void ab initio the Executive Order for an engine family for

which the manufacturer fails to retain the records required in this section 2408.1 or to provide such information to the Executive Off icer upon request.

(i) End-of-year and final reports.

(1) End-of-year and final reports must indicate the engine family, the actual sales volume, the values required to calcula te zero-emission equipment- 20 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 credits as given in subsection 2408.1(f), and the n umber of zero-emission equipment credits generated/required. Manufacturer s of zero-emission small offroad equipment must also submit how and where zero- emission equipment credit surpluses were dispersed (or are to be banked). Co pies of contracts related to zero-emission equipment credit trading must be incl uded or supplied by the broker, if applicable. The report must include a c alculation of zero-emission equipment credit balances to show that the zero-emi ssion equipment credit summation for each class of engines is equal to or greater than zero.

(2) The calculation of eligible sales, as defined i n section 2401, for end-of-year and final reports, must be based on the location of the point of first retail sale (for example, retail customer or dealer ), which is also called the final product purchase location. Upon advance written re quest, the Executive Officer will consider other methods to track equipment and batteries (if sold separately) for credit calculation purposes, such as shipments to distributors of products intended for sale in California, that provide high levels of confidence that eligible sales are accurately counted.

(3) End-of-year report and final report submissions

.

(A) End-of-year reports must be submitted within 90 days of the end of the model year to: Chief, Mobile Source Oper ations Division, Air Resources Board, 9480 Telstar Avenue, Suite 4, El M onte, CA 91731.

(B) Unless otherwise approved by the Executive Offi cer, final reports must be submitted within 270 days of the en d of the model year to: Chief, Mobile Source Operations Division, Air Resources Bo ard, 9480 Telstar Avenue, Suite 4, El Monte, CA 91731.

(4) A manufacturer of zero-emission small off-road equipment that generates zero-emission equipment credits only for banking and that fails to submit end-of-year reports in the applicable specif ied time period (90 days after the end of the model year) may not use the zero-emi ssion equipment credits until such reports are received and reviewed by ARB. Use of projected zero-emission equipment credits pending ARB review is not permitt ed in these circumstances.

(5) Errors discovered by either ARB or the manufact urer in the end-ofyear report, including errors in zero-emission equi pment credit calculation, may be corrected in the final report.

(6) If ARB or the manufacturer determines that a re porting error occurred in an end-of-year or final report previous ly submitted to ARB under this section 2408.1, the manufacturer's zero-emission eq uipment credits and credit

calculations must be recalculated. Erroneous zero- emission equipment credits will be void except as provided in subsection 2408. 1(g).- 21 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 (7) If within 270 days of the end of the model year , an ARB review reveals a reporting error in the manufacturer's fav or (that is, resulting in an increased zero-emission equipment credit balance), or if the manufacturer discovers such an error within 270 days of the end of the model year, ARB will restore the zero-emission equipment credits for use by the manufacturer.

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150, 43151, 43152, 43153, 43154, 43205.5 and 43210, 4321 0.5, 43211, and 43212, Health and Safety Code.- 22 -
Date of Release of 45-Day Notice: October 3, 2008 Date of Board Hearing: November 21, 2008 Dates of 15-Day Notice Period: February 4, 2010 – February 19, 2010 Final Regulation Order, as adopted February 24, 201 0, and corrected March 29, 2010 § 2409. Emission Reduction Credits – Production Cre dit Program for New

Engines.

(a) Applicability. The 1998 to 2009 model year and later small off-road engines subject to the provisions of this article a re eligible to participate in the production emission credit program described in thi s section for HC +NO

x (or

NMHC+NO

x , as applicable) and Particulate Matter emissions. Previously banked production emission credits may continue to be used until exhausted through calendar year 2010 but production credits generated after model year 2009 will not be accepted into the production credit program.

(b) General provisions.

(1) The production credit program for eligible sm all off-road engines is described in this section. Participation in thi s program is voluntary.

(2) Any 2000 to 2009 model year or later engine family subject to the provisions of this article is eligible to participa te in the production credit program described in this section. Any 1998 or 1999 model year engine family subject to the provisions of this article is eligible to parti cipate in the production emissions credit program described in this section provided i t conforms with to the requirements of section 2403.

* * * *

(5) Positive credits generated in a given model y ear may be used in that model year and/or in any subsequent model year . Positive credit generation may continue through the 2009 model year.

(6) All production credits will retain full value through year 2010. In model year 2011, all production emission credit bal ances will expire.

(c) [No Change]

(d) Banking.

* * * * (3) As mentioned in paragraph (b)(6) of this sect ion, production credits banked pursuant to this section will expire as of the 2011 model year and will no longer be available for use in averaging or trading.

* * * *
NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150- 43154, 43205.5 and 43210-43212, Health and Safety C ode.