- 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, 2010, and corrected March 29, 2010 

FINAL REGULATION ORDER 

NOTE: This document is written in a style to indicate 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 small off-road equipment 

manufacturer specified operational sequence of a particular type of equipment 

over an eight-hour period. The operational sequence reflects periods of 

equipment use, and applicable battery recharging and exchanging.

[Renumber (13) – (34) to (14) – (35)] 

(36) “Professional level” means the degree of equipment performance expected 

by commercial operators. For zero-emission small off-road equipment, the 

degree of performance is based on durability test power loading, supplied battery 

capacity, cutter speed, as applicable, and other performance requirements or 

parameters that are specific to a particular equipment type.

[Renumber (35) – (38) to (37) – (40)] 

 (41) “Standard battery package” means the manufacturer-specified combination 

of battery(ies) and battery charger(s) required for an individual unit of zeroemission equipment to perform one hour of continuous operation, allowing for

battery exchanges, as applicable in order for designation as professional-level 

zero-emission equipment. The one-hour periods of continuous operation and 

battery exchanges are repeated in cycles over the course 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, 2010, and corrected March 29, 2010 

 

[Renumber (39) – (47) to (42) – (50)] 

(51) “Zero-emission equipment credits” means the amount of emission 

reductions generated by using zero-emission small off-road equipment in place 

of small spark-ignition off-road equipment. Zero-emission equipment credits are 

calculated pursuant § 2408.1 and approved by ARB. Electrically powered 

equipment that are powered exclusively through an electrical 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 characteristics of the equipment, its 

emissions, and its power source, which may be an electric 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 Code. 

§ 2403. Exhaust Emission Standards and Test Procedures – Small 

Off-Road Engines. 

 (a) [No Change] 

 (b) (1) [No Change]

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

 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 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 the 2005 and Later Test 

Procedures “California Exhaust Emission Standards and Test Procedures for 

2005 and Later Small Off-Road Engines,” adopted July 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, 2010, and corrected March 29, 2010 

(3) In lieu of meeting the requirements of subsection 2403(b)(2)(B), 

manufacturers of zero-emission small off-road equipment may obtain zeroemission equipment credits as detailed in section 2408.1. 

* * * * 

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 

 (43) Evaporative emission requirements for small off-road engines are 

specified in Title 13, Chapter 15, Article 1. 

 (c) [No change.] 

 

 (d) The test procedures for determining compliance with the standards for 

exhaust emissions from new small off-road engines are 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 Procedures for 2005 and Later 

Small Off-Road Engines,” adopted July 26, 2004, as applicable and as last 

amended February 24, 2010, which is incorporated herein by reference. 

 (e) Averaging. For new 2000 and subsequent model year small off-road 

engines, a manufacturer may comply with the standards 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 value 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, 2010, and corrected March 29, 2010 

( )( )( )( )( )

( )( )( )( )

AVG

Sales Power LoadFactor EDP

FEL Sales Power LoadFactor EDP credits expended

=

−

∑

∑

=

=

n

j

j j j

j j j

n

j

j

1

1

where 

 n = the number of small off-road engine families. 

 FEL = the Family emission level for an engine family. 

 Salesj = eligible sales of engine family j. 

 Powerj = sales-weighted maximum modal power, in horsepower or 

kilowatt as applicable, of engine family j, or an alternative 

approved by the Executive Officer. 

 EDPj = Emissions durability period of engine family j, in hours. 

 AVG = For a given pollutant (HC+NOx, CO, or Particulate Matter), a 

manufacturer’s corporate average of the exhaust emissions 

from those California small off-road engines subject to the 

California corporate average pollutant exhaust emission 

standard, as established by an Executive Order certifying 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+NOx 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+NOx 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 Factor = 85% 

(i.e., 0.85). For approved alternate test procedures, the load 

factor must be calculated according to the Load Factor 

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 Code. 
- 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, 2010, and corrected March 29, 2010 

§ 2404. Emission Control Labels and Consumer Information – 1995 and 

Later Small Off-Road Engines. 

* * * * 

(m) Zero-Emission Equipment Label Content and Placement.

(1) A manufacturer of zero-emission small off-road equipment has the 

option to place a label on a piece of equipment, which 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 professional-level specifications 

indicated in Table 1, subsection 2108.1(b)(4)(D), as applicable. 

(A) Such label must read, “This is a professional-level, 

California-certified zero-emission [indicate equipment type].” 

(B) Use of this option does not relieve a manufacturer of zeroemission small off-road equipment of the other label requirements.

(2) The manufacturer of zero-emission small off-road equipment must 

submit, with its certification application, a statement attesting that its label(s)

comply with these requirements. 

(3) Samples of all such labels used by a manufacturer of zero-emission 

small off-road equipment must be submitted to the Executive 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 Code. 

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

 (a) [No Change] 

 (b) General Emissions Warranty Coverage. The manufacturer 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 conform with all applicable 

regulations adopted by the Air Resources Board pursuant 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, 2010, and corrected March 29, 2010 

 (2) 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 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-road equipment that

wishes to obtain zero-emission equipment credits must 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 small 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 supplier, as necessary, to satisfy 

the specified battery and battery charger warranty coverage over the required 

warranty period. The equipment manufacturer will remain 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 Code. 

§ 2406. Emission Control System Warranty Statement.

 (a) [No Change] 

 (b) Warranty Contact Requirement

 (1) Commencing with the 1995 calendar year, each manufacturer 

must furnish with each new engine a warranty statement that generally describes 

the obligations and rights of the manufacturer and owner under this article. 

Manufacturers must also include in the warranty statement 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, 2010, 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 staffed 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 Code. 

§ 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, banking and trading 

provisions for HC+NOx and NMHC+NOx and Particulate Matter emissions if it is 

subject to regulation under this article with certain exceptions specified in 

paragraph (3) of this section. HC+NOx and Particulate Matter credits are 

interchangeable subject to the limitations on credit generation, credit usage, 

cross-class averaging and other provisions described in this section.

 * * * * 

 (d) Banking. 

 (1) to (3) [No Change] 

 (4) Commencing with the 2009 model year, any previously banked 

certification emission credits and any new certification emission credits earned 

can be used for up to five years. In the sixth year, any unused certification 

credits will expire. (For example, if a 2009 model year engine family earns 

emission credits, those emission credits may be used or banked until the 2014 

model year. Any remaining banked credits earned with 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, 2010, and corrected March 29, 2010 

 (f) Credit calculation and manufacturer compliance with emission 

standards. 

 (1) For each engine family, HC+NOx and Particulate Matter 

certification emission credits (positive or negative) are to be calculated according 

to the following equation and rounded to the nearest 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-road engine HC+NOx

(NMHC+NOx) or Particulate Matter emission standard as determined in Section 

2403. 

FEL = the family emission limit for the engine family 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 certification. 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 the maximum modal power of 

each configuration within the family by its eligible sales, summing across all 

configurations and dividing by the eligible sales of 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, the 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: 

( ) ( ) ( ) ∑ %MTT modei × %MTS modei × WF modei

=

n

i 1

Where: 

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

%MTS modei = percent of the maximum engine rotational speed for mode i 

WF modei = 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, 2010, and corrected March 29, 2010 

manufacturer may raise its recertify to a higher FEL for past and future 

production as necessary. Further, a manufacturer may carry a negative credit 

balance (known also as a credit deficit) for the subject 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 nonconformity occurred, the 

manufacturer must obtain and apply credits to offset the remaining credit deficit 

at a rate of 1.2 grams for each gram of deficit within 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 notwithstanding, if an 

engine manufacturer experiences two or more production 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 more than 10% of 

the manufacturer’s total eligible sales for that model year. For any additional 

engines determined to be in noncompliance, the manufacturer must conduct 

offsetting projects approved in advance by the Executive Officer. 

 (5) If, as a result of production line testing under section 2407, a 

manufacturer desires to lower its FEL, it may do so subject to Executive Officer 

approval and demonstration that the family would meet 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 manufacturer must: 

 * * * * 

 (E) 1. If the engine family is projected to generate negative 

emission credits, state specifically the source (manufacturer/engine family or 

reserved) and quantity of the credits necessary to offset the credit deficit 

according to projected production. Zero emission equipment credits can be used 

to compensate for negative certification emission credits, up to forty percent 

above the standard. If an engine family has emissions 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, 2010, and corrected March 29, 2010 

 

 * * * * 

 (3) (A) End-of year reports must be submitted within 90 days of the 

end of the model year to: Chief, Mobile Source Operations Division, Air 

Resources Board, 95289480 Telstar Avenue, Suite 4, El Monte, CA 91731. 

 (B) Unless otherwise approved by the Executive Officer, final 

reports must be submitted within 270 days of the end of the model year to: 

Chief, Mobile Source Operations Division, Air Resources Board, 95289480 

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 previously submitted to ARB under this 

section, the manufacturer’s credits and credit calculations must be recalculated. 

Erroneous positive credits will be void except as provided in paragraph (hg) of 

this section. Erroneous negative credit balances may 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 Code. 

§ 2408.1 Emission Reduction Credits – Zero-Emission Equipment Credits 

Averaging, Banking, and Trading Provisions.

(a) Applicability. The requirements of section 2408.1 are applicable to all 

small off-road equipment produced in the 2010 and later model years. 

Equipment certified to the voluntary standards in subsection 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 this program is voluntary, but if a 

manufacturer elects to participate, it must do so in compliance with the provisions

set forth in section 2408.1. The provisions of section 2408.1 are limited to 

HC+NOx (or NMHC+NOx, 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 either a carry-over engine family for 

which the original Executive Order was issued for the 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, 2010, and corrected March 29, 2010 

(2) A manufacturer must only include in its calculation of zero-emission 

equipment credit generation, zero-emission small off-road equipment that are

sold and used in California.

(3) For an engine family using zero-emission equipment credits to 

compensate for negative certification emission credits, a manufacturer may, at its 

option, include its entire production of that engine 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 for 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 family must meet the following 

durability requirements: 

1. 300 hours for zero-emission small off-road equipment 

that functions and performs equivalently to equipment using spark-ignition 

engines with a displacement of less than or equal to 80cc, 

2. 500 hours for zero-emission small off-road equipment 

that functions and performs equivalently to equipment using spark-ignition 

engines with a displacement between 80cc and 225cc. 

(C) An engine family that is certified as a zero-emission 

equipment engine family, but cannot achieve the full 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 percent 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 equation in section 2408.1(f). This 

allowance will remain in effect through the 2012 model 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 zero-emission

small off-road equipment. 

1. An engine family certified as a zero-emission 

equipment engine family must be able to operate continuously, 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, 2010, and corrected March 29, 2010 

battery exchanges, for a minimum of one hour and meet the minimum 

specifications indicated in Table 1. 

Table 1. Minimum Professional Level Requirements For 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, 2010, 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-ft3/hourmin. (3,564 

metermeter3

/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-ft3/hourmin. (4,760 

metermeter3

/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, 2010, 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 equipment 

configuration that is representative of actual operation of the equipment by the 

end user (i.e., using standard battery package cycling). 

3. The minimum battery durability/life cycle is based on 

the maximum durability power specified and the equivalent engine duty cycle 

(i.e., handheld equipment is 85 percent at 100 percent 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, 2010, and corrected March 29, 2010 

15 percent at minimum load idle speed; a walk-behind lawn mower is a fivemode test cycle [without an idle mode] at 3,060 rpm).

(E) In order to generate zero-emission equipment credits, 

manufacturers of battery-powered zero-emission small off-road equipment must 

provide the ultimate purchaser with a standard battery package, as defined in 

section 2401. 

(F) 1. A manufacturer of zero-emission small off-road 

equipment must include in the certification application, a description of an 

operational sequence over the eight-hour workday for the applicable zeroemission equipment engine family. 

2. Total time for battery exchanges during an eight-hour 

workday for an engine family certified as a zero-emission equipment engine 

family must not exceed the total refueling time for that of an equivalently 

performing professional-level gasoline-powered piece of equipment during an

eight-hour period of operation. 

(G) Manufacturers must demonstrate compliance under the 

averaging, banking, and trading provisions for a particular model year within 270 

days after the end of the model year.

(H) 1. Batteries in an equipment manufacturer’s original 

standard battery package must be identified with unique part numbers that differ 

from the part numbers of any applicable replacement batteries.

 2. Replacement batteries cannot be used to generate zeroemission equipment credits. 

(c) Averaging.

(1) Fifty percent of negative credits from engine families with FELs 

above the applicable emission standard may be offset by positive zero-emission 

equipment credits, as allowed under the provisions of section 2408.1. The 

remaining negative credits must be offset by positive certification emission 

credits. Averaging of credits in this manner is used to determine compliance 

under subsection 2408(f)(2).

(2) Subject to the limitations above, zero-emission equipment credits 

used in averaging for a given model year may be obtained from zero-emission 

equipment credits banked in previous model years, or zero-emission equipment 

credits of previous model years obtained through trading. 

(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, 2010, and corrected March 29, 2010 

ignition engine powered equipment, with a displacement of 80cc or less, may 

only be used to offset emissions from other gasoline-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-powered equipment with a 

displacement between 80cc and 225cc. 

(d) Banking.

(1) Beginning with the 2010 model year, a manufacturer of zeroemission small off-road equipment that meets the zero-emission equipment 

credit requirements may bank credits for that engine 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-year 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 for up to 

five years. 

(4) Unused zero-emission equipment credits after five years will expire 

and may no longer be used toward offsetting negative 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 used for averaging 

or banking for up to five years from the time of zero-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, 2010, 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, professional level, gasolinepowered equipment.

Sales = eligible sales as defined in section 2401. Annual sales projections are 

used to project credit availability for initial certification. Actual sales volume is 

used in determining actual credits for end-of-year compliance determination.

Power = the product of the battery capacity delivered 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 energy 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, the 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 submit for approval an alternative 

method for calculating the load factor. 

(g) Certification Using Zero-Emission Equipment Credits.

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

(A) Submit a statement that the equipment for which certification 

is requested will not, to the best of the manufacturer's belief, cause the 

manufacturer to be in noncompliance, under subsection 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, 2010, and corrected March 29, 2010 

(C) Indicate that the zero-emission equipment credits used came 

from the same displacement category as those needed for the engine family. 

(D) Submit calculations in accordance with subsection 2408.1(f) 

of the projected zero-emission equipment credits based on production 

projections for each engine family.

(E) Specify the recipient (manufacturer/engine family or 

reserved) and quantity of the zero-emission equipment credits used (whether 

they are banked, traded, or to be used to offset a deficit).

(2) The manufacturer of zero-emission small off-road 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 spreadsheet detailing the 

manufacturer's annual production plans, and the zero-emission equipment 

credits generated by each zero-emission equipment engine family.

(3) All Executive Orders issued are conditional upon 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 section 2408.1 will be 

considered to be a failure to satisfy the conditions upon which the Executive 

Order was issued, and the Executive Order may be determined to be void ab 

initio.

(5) The manufacturer bears the burden of establishing to the 

satisfaction of the Executive Officer that the conditions upon which the Executive 

Order was issued were satisfied or waived.

(h) Maintenance of records.

(1) The manufacturer of zero-emission small off-road equipment must 

establish, maintain, and retain the following adequately 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 configuration 

sold or an alternative approved by the Executive Officer,

(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, 2010, and corrected March 29, 2010 

(E) Records appropriate to establish the quantities of equipment 

that constitute eligible sales for each power rating for each FEL, and

(F) Records of standard battery package sales per equipment 

sales, if batteries were sold separately from the equipment.

(2) Any manufacturer of zero-emission small off-road equipment

participating in trading reserved zero-emission equipment 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 surpluses 

are dispersed.

(3) The manufacturer must retain all records required to be maintained 

under this section 2408.1 for a period of eight years from the due date for the 

end-of-year report. Records may be retained as hard 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 Executive Officer's 

discretion in requiring the manufacturer to retain additional records or submit 

information not specifically required by this section 2408.1.

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

manufacturer must submit to the Executive Officer the 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 Officer 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 calculate 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, 2010, and corrected March 29, 2010 

credits as given in subsection 2408.1(f), and the number of zero-emission 

equipment credits generated/required. Manufacturers of zero-emission small offroad equipment must also submit how and where zero-emission equipment credit 

surpluses were dispersed (or are to be banked). Copies of contracts related to 

zero-emission equipment credit trading must be included or supplied by the 

broker, if applicable. The report must include a calculation of zero-emission 

equipment credit balances to show that the zero-emission equipment credit 

summation for each class of engines is equal to or greater than zero.

(2) The calculation of eligible sales, as defined in 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 request, 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 Operations Division, Air 

Resources Board, 9480 Telstar Avenue, Suite 4, El Monte, CA 91731.

(B) Unless otherwise approved by the Executive Officer, final 

reports must be submitted within 270 days of the end of the model year to: Chief, 

Mobile Source Operations Division, Air Resources Board, 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 specified time period (90 days after 

the end of the model year) may not use the zero-emission equipment credits until 

such reports are received and reviewed by ARB. Use of projected zero-emission 

equipment credits pending ARB review is not permitted in these circumstances.

(5) Errors discovered by either ARB or the manufacturer in the end-ofyear report, including errors in zero-emission equipment credit calculation, may 

be corrected in the final report.

(6) If ARB or the manufacturer determines that a reporting error 

occurred in an end-of-year or final report previously submitted to ARB under this 

section 2408.1, the manufacturer's zero-emission equipment 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, 2010, 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 favor (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, 43210.5, 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, 2010, and corrected March 29, 2010 

§ 2409. Emission Reduction Credits – Production Credit 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 are eligible to participate in the 

production emission credit program described in this section for HC +NOx (or 

NMHC+NOx, 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 small off-road engines 

is described in this section. Participation in this program is voluntary. 

 (2) Any 2000 to 2009 model year or later engine family subject to the 

provisions of this article is eligible to participate 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 participate in the production emissions 

credit program described in this section provided it conforms with to the 

requirements of section 2403. 

* * * * 

 (5) Positive credits generated in a given model year 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 balances will expire.

 (c) [No Change] 

 (d) Banking. 

 * * * * 

 (3) As mentioned in paragraph (b)(6) of this section, 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 Code.