APPENDIX A: MANUFACTURER STANDARDS AND TEST PROCEDU RES
Part 2

Proposed Regulation Order Part 2: Amendments to the incorporated “California
Exhaust Emission Standards and Test Procedures for New 2001 and Later Off-Road

Large Spark-Ignition Engines” (40 CFR, Part 86, Sub part A)State of California

AIR RESOURCES BOARD

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROC EDURES

FOR NEW 2001 AND LATER THROUGH 2006 OFF-ROAD LARGE SPARK-IGNITION

ENGINES

PART I

Adopted: September 1, 1999 Amended: [insert date of amendment]

NOTE: The general provisions herein have been adap ted and modified from similar

provisions set forth in 40 CFR, Part 86, Subpart A - General Provisions for Emission Regulations for 1977 and Later Model Year New Light-Duty Vehicles, 1977 and Later Model Year New Light Duty Trucks, 19 77 and Later Model Year New Heavy-Duty Engines, and for 1985 and Later Mode l Year New Gasoline-Fueled Heavy-Duty Vehicles.

This document is all newly adopted text. The sole amendments are to the title and years of applicability of the regulations.TABLE OF CONTENTS

I. Emission Regulations for New 2001 and Later through 2006 Off-Road Large SparkIgnition Engines, General Provisions

................................................... ............................1 1. General Applicability...........................

................................................... .................1

2. Definitions.....................................

................................................... ........................1

3. Abbreviations...................................

................................................... .....................6 4. General Standards; Increase in Emissions; Unsafe Conditions .............................10 5. Adjudicatory Hearing............................

................................................... ..............11 6. Maintenance of Records; Submittal of Information ; Right of Entry. ....................11

7. Emission Standards for 2001 and Later through 2006 Model Year Off-Road Large Spark-Ignition Engines. ............................

................................................... ..........15 8. Application for certification...................

................................................... .............16 9. Approval of Application for Certification; Test Fleet Selections; Determinations of Parameters Subject to Adjustment for Certificati on and New Engine Compliance Testing, Adequacy of Limits, and Physica lly Adjustable Ranges. ....17 10. Required data for certification. ...............

................................................... ............20 11. Test Engines...................................

................................................... .....................21

12. Maintenance....................................

................................................... ....................24 13. Service Accumulation; Emission Measurements.... ...............................................27 14. Test Procedures, General Requirements. .........

................................................... ...28 15. Confirmatory Testing by the Executive Officer..

................................................... 28

16. Certification. .................................

................................................... ......................29 17. Addition of an Engine After Certification. .....

................................................... ....31 18. Changes to an Engine Covered by Certification. . ..................................................3 2

19. Alternative Procedures for Notification of Addi tions and Changes. .....................32 20. Submission of Engine Identification Numbers. ... ..................................................3 3 21. Production Engines. ............................

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

22. Maintenance Instructions. ......................

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

23. Submission of Maintenance Instructions. ........

................................................... ...34

24. Alternative Certification Procedures...........

................................................... ........34

25. Test Fuel......................................

................................................... ........................36I. Emission Regulations for New 2001 and Later through 2006 Off-Road Large SparkIgnition Engines, General Provisions

1. General Applicability.

(a) These provisions apply to new off-road large sp ark-ignition engines with displacement greater than 1.0 liter, produced on or after Januar y 1, 2001 through December 31, 2006

.

(b) For any engine that is not a distinctly Otto cy cle engine, the Executive Officer shall determine whether the engine shall be subject to th ese regulations, taking into consideration the relative similarity of the engine's basic character istics with those of Otto cycle engines.

(c) Every new off-road large spark-ignition engin e that is manufactured for sale, sold, offered for sale, introduced or delivered for intro duction into commerce into California which is subject to any of the standards prescribed in these provisions, is required to meet California air pollution requirements as certified for use and sal e by the manufacturer through the Air Resources Board and covered by an Executive Order i ssued under these provisions.

(d) The test procedures for determining certificati on and compliance with the standards for exhaust emissions from new off-road LSI engines with engine displacement equal to or less

than 1.0 liter sold in the state are set forth in “ California Exhaust Emission Standards and Test Procedures for 1995 and Later Small Off-Road Engine s," as last amended March 23, 1999.

2. Definitions.

"Accuracy" means the difference between a measureme nt and true value. "Alternate Fuel" means any fuel that will reduce no n-methane hydrocarbons (on a reactivity-adjusted basis), NOx, CO, and the potent ial risk associated with toxic air contaminants as compared to gasoline or diesel fuel and would no t result in increased deterioration of the engine. Alternate fuels include, but are not limi ted to, methanol, ethanol, liquefied petroleum gas, compressed natural gas, and electricity. "ARB Enforcement Officer" means any officer or empl oyee of the Air Resources Board so designated in writing by the Executive Officer o r by the Executive Officer's designee. "Auxiliary Emission Control Device (AECD)" means an y element of design which senses temperature, vehicle speed, engine RPM, transmissio n gear, manifold vacuum, or any other parameter for the purpose of activating, modulating , delaying, or deactivating the operation of any of the emission control system. “Basic Engine” means an engine manufacturer’s descr iption of their unique combination of engine displacement, number of cylinders, fuel s ystem, emission control system, and other engine and emission control system characteristics as determined or specified by the Executive

Officer. "Calibrating gas" means a gas of known concentratio n that is used to establish the response curve of an analyzer. "Calibration" means the set of specifications, incl uding tolerances, unique to a particular design, version, or application of a component or c omponents assembly capable of functionally2

describing its operation over its working range. "Configuration" means a subclassification of an eng ine-system combination on the basis of engine code, inertia weight class, transmission type and gear ratios, final drive ratio, and other parameters that may be designated by the Executive Officer. "Confirmatory testing" means ARB directed emissions tests and inspections of the test engines and/or test vehicles used by the manufactur er to obtain test data for submittal with the certification application. The emissions tests ma y be conducted at ARB, contracted facilities, or at the manufacturer's facility. The testing will be done at the expense of the manufacturer. "Conveniently available service facility and spare parts for small- volume manufacturers" means that the engine manufacturer has a qualified service facility at or near the authorized point of sale or delivery of its engines and maintains an inventory of all emission-related spare parts or has made arrangements for the part manufacturers to supply the parts by expedited shipment (e.g., using overnight express delivery service, UP S, etc.).

"Crankcase emissions" means airborne substances emi tted to the atmosphere from any portion of the engine crankcase ventilation or lubr ication systems. "Critical emission-related components" are those co mponents that are designed primarily for emission control, or whose failure may result i n a significant increase in emissions accompanied by no significant impairment (or perhap s even an improvement) in performance, driveability, and/or fuel economy as determined by the Executive Officer.

"Critical emission-related maintenance" means that maintenance to be performed on critical emission-related components. "Curb-idle" means: (1) For manual transmission code engines, the manufacturer's recommended engine speed with the clutch disengaged . (2) For automatic transmission code engines, curb idle means the manufacturer's recomme nded engine speed with the automatic transmission in gear and the output shaft stalled.

"Defeat Device" means an AECD that reduces the effe ctiveness of the emission control system under conditions that may reasonably be expe cted to be encountered in normal operation and use, unless (1) such conditions are substantial ly included in the emission test procedure, (2) the need for the AECD is justified in terms of prot ecting the engine against damage or accident, or (3) the AECD does not go beyond the requirements of engine starting.

“Deterioration Factor” means the calculated or assi gned number that represents the certification engine’s emissions change over the du rability period. It is multiplied by zero hour (new) engine test results to determine the engine f amily compliance level. The deterioration factor is determined as per the Test Procedures. S ee “Emission Durability Period” below.

"Emission-related maintenance" means that maintenan ce that substantially affects emissions or is likely to affect the emissions dete rioration of the equipment, vehicle, or engine during normal in-use operation, even if the mainten ance is performed at some time other than

that which is recommended. "Emissions Durability Period" is the period over w hich, for purposes of certification, a manufacturer must demonstrate compliance with the s tandards set forth in Section 2433(b), Title 13, of the California Code of Regulations. The dur ability periods are also noted in the table in Section 2433 (b). The emissions durability period is used to determine an engine family’s

deterioration factors.3

"Engine code" means a unique combination, within an engine-system combination, of displacement, air/fuel calibration, spark/timing ca libration, distributor calibration, auxiliary emission control devices, and other engine and emis sion control system components specified by

the Executive Officer. "Engine family" is a subclass of a basic engine bas ed on similar emission characteristics. The engine family is the grouping of engines that i s used for the purposes of certification and

determined in accordance with Section 11. "Engine family group" means a collection of similar engine families used for the purpose

of off-road certification and determined in accorda nce with Section 11. Generally, the engine family group concept is used to determine the deter ioration factors for one or more engine

families as determined in accordance with Section 1 1. "Engine-system combination" means an engine family- exhaust emission control system

combination.

"Executive Officer" means the Executive Officer of the Air Resources Board or an authorized representative.

"Exhaust emissions" means substances emitted to the atmosphere from any opening downstream from the exhaust port of an engine. "Flexible fuel engine (or equipment or vehicle)" me ans any engine (or equipment or vehicle) engineered and designed to be operated on a petroleum fuel, a methanol fuel, a gaseous fuel, or any mixture of the above. "Fuel system" means the combination of fuel tank(s) , fuel pump, fuel lines, and carburetor or fuel injection components, and includ es all fuel system vents and fuel evaporative emission control system components. "Gross Power" means the power measured at the crank shaft or its equivalent, the engine being equipped only with the standard auxiliaries n ecessary for its operation on the test bed. "Malfunction" means not operating according to spec ifications (e.g. those specifications listed in the application for certification). "Maximum rated horsepower" means the maximum brake horsepower output of an engine as stated by the manufacturer in his sales a nd service literature and his application for

certification under Section 8. "Maximum rated torque" means the maximum torque pro duced by an engine as stated by

the manufacturer in his sales and service literatur e and his application for certification under

Section 8. "Methanol-fueled" means any equipment, motor vehicl e or engine that is engineered and designed to be operated using methanol fuel (i.e., a fuel that contains at least 50 percent methanol (CH 3 OH) by volume) as fuel. Flexible fuel engines are methanol-fueled engines. "Military engine" means any engine manufactured sol ely for the Department of Defense to meet military specifications. "New Engine Compliance testing" means ARB directed emissions tests and inspections of a reasonable number of production engines and/or equipment that are offered for sale, or manufactured for sale, in California in order to ve rify compliance with the applicable

certification emission standards. The emissions te sts must be conducted at a qualified testing facility. The testing facility is chosen by the ma nufacturer and approved by the Executive4

Officer. This may include ARB facilities, contract ed facilities, or at the manufacturer's facility. The testing will be done at the expense of the manu facturer.

"Non-emission-related maintenance" means that maint enance that does not substantially affect emissions and that does not have a lasting e ffect on the emissions deterioration of the equipment, vehicle, or engine during normal in-use operation once the maintenance is performed. "Non-oxygenated hydrocarbon" means organic emission s measured by a flame ionization detector excluding methanol. “Off-Road Large Spark-ignition Engines” or “LSI Eng ines” means any engine that produces a gross horsepower 25 and greater horsepow er or is designed (e.g., through fueling, engine calibrations, valve timing, engine speed mod ifications, etc.) to produce 25 and greater horsepower. If an engine family has models at or a bove 25 horsepower and models below 25 horsepower, only the models at or above 25 horsepow er would be considered LSI engines. The engine’s operating characteristics are significantl y similar to the theoretical Otto combustion cycle with the engine’s primary means of controllin g power output being to limit the amount of

air that is throttled into the combustion chamber o f the engine. LSI engines or alternate fuel powered LSI internal combustion engines are designe d for powering, but not limited to powering, forklift trucks, sweepers, generators, a nd industrial equipment and other miscellaneous applications. All engines and equipm ent that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal C lean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically excluded from this category.

Specifically excluded from this category are: 1) en gines operated on or in any device used exclusively upon stationary rails or tracks; 2) eng ines used to propel marine vessels; 3) internal combustion engines attached to a foundation at a lo cation for at least 12 months; 4) off-road recreational vehicles and snowmobiles; and 5) stati onary or transportable gas turbines for power generation "Option" means any available equipment or feature n ot standard equipment on a model. "Organic Material Hydrocarbon Equivalent" means the sum of the carbon mass contributions of non-oxygenated hydrocarbons, metha nol and formaldehyde as contained in a gas sample, expressed as gasoline fueled engine hydroca rbons. In the case of exhaust emissions, the hydrogen-to-carbon ratio of the equivalent hydrocar bon is 1.85:1. "Oxides of nitrogen" means the sum of the nitric ox ide and nitrogen dioxide contained in a gas sample as if the nitric oxide was in the form of nitrogen dioxide. "Peak torque speed" means the speed at which an eng ine develops maximum torque.

"Percent load" means the fraction of the maximum av ailable torque at a specified engine speed. "Precision" means the standard deviation of replica ted measurements. "Rated speed" means the speed at which the manufact urer specifies the maximum rated horsepower of an engine. "Reconfigured emission-data engine" means an emissi on-data engine obtained by modifying a previously used emission-data engine to represent another emission-data engine. "Scheduled maintenance" means any adjustment, repai r, removal, disassembly, cleaning, or replacement of equipment or engine components or systems required by the manufacturer that5

is performed on a periodic basis to prevent part fa ilure or equipment or engine malfunction, or anticipated as necessary to correct an overt indica tion of equipment or engine malfunction or failure for which periodic maintenance is not appro priate. "Similar systems" are engine, fuel metering and emi ssion control system combinations that use the same fuel (e.g., gasoline, LPG, etc.), combustion cycle (i.e., two or four stroke), general type of fuel system (i.e., carburetor or fu el injection), catalyst system (e.g., none, oxidation, three-way only, etc.), fuel control syst em (i.e., feedback or non-feedback), secondary air system (i.e., equipped or not equipped) and EGR (i.e., equipped or not equipped). “Small Volume Manufacturer” means an engine manufac turer that produces a total of less than 2000 large spark-ignition engines annually for sale in the United States. "Span gas" means a gas of known concentration that is used routinely to set the output level of an analyzer. "Specific emissions" means emissions expressed on t he basis of observed gross power or net power in grams per brake horsepower hour. For many engine types the auxiliaries that will be fitted to the engine in service are not known at the time of manufacture or certification. For this reason the emissions shall be expressed on the basis of gross power. When it is not convenient to test the engine in the gross conditio ns, e.g., if the engine and transmission form a single integral unit, the engine may be tested in t he net condition. "Standard equipment" means those features or equipm ent that are marketed on a product over which the purchaser can exercise no choice. "System" includes any engine modification that cont rols or causes the reduction of substances emitted from an engine or piece of equip ment. "Test engine" means any engine used in certificatio n, production line testing, quality audit, or compliance testing. A test engine can be a prototype engine or a production engine depending on the testing program in which it is use d. “Test Procedures” means the procedures specified in both Part I and Part II of the

“California Exhaust Emission Standards and Test Pro cedures for New 2001 and Later through

2006 Off-Road Large Spark-Ignition Engines.” "Throttle" means a device used to control an engi nes power output by limiting the amount of air entering the combustion chamber. "Transmission class" means the basic type of transm ission, e.g. manual, automatic,

semiautomatic. "Transmission configuration" means a unique combina tion, within a transmission class, of a number of the forward gears and, if applicable , overdrive. The Executive Officer may further subdivide a transmission configuration (bas ed on such criteria as gear ratios, torque converter multiplication ratio, stall speed and shi ft calibration, etc.), if he determines that significant fuel economy or exhaust emission differ ences exist within that transmission configuration. "Unscheduled maintenance" means any inspection, adj ustment, repair, removal, disassembly, cleaning, or replacement of engine, eq uipment, or vehicle components or systems that is performed to correct or diagnose a part fai lure or equipment or vehicle (if the engine were installed in a vehicle) malfunction that was not an ticipated. "Useful life" means a period of 7 years or 5000 hou rs of operation, whichever first occurs6

for engines having engine displacement greater than 1.0-liter, and 2 years or 1,000 hours of operations, whichever occurs first, for engines hav ing engine displacement equal to or less than 1.0-liter. However, in no case may this period be less than the manufacturer's basic mechanical warranty period for the engine family. "Zero (0) hours" means that point after normal asse mbly line operations and adjustments are completed and before fifty (50) additional oper ating hours have been accumulated, including emission testing, if performed.

3. Abbreviations.

(a) The abbreviations in this section apply to thes e provisions and have the following meanings:

AECD--Auxiliary emission control device.

API--American Petroleum Institute.

ARB--California Air Resources Board. ASTM--American Society for Testing and Materials. BHP--Brake horsepower. BSCO--Brake specific carbon monoxide. BSHC--Brake specific hydrocarbons. BSNO --Brake specific oxides of nitrogen.

C--Celsius.

CFV--Critical flow venturi. CFV-CVS--Critical flow venturi-constant volume samp ler.

CH 4 --Methane.

CL--Chemiluminescence.

CLD--Unheated chemiluminescence detector.

CO 2 --Carbon dioxide.

CO--Carbon monoxide.

conc.--concentration. cfm--cubic feet per minute. CVS--Constant volume sampler.

ECS--Electro-chemical sensor.

F--Fahrenheit.

FID--Flame ionization detector.

ft.--feet. g--gram(s). gal.--U.S.gallon(s). GC--Gas chromatograph. GVW--Gross vehicle weight. GVWR--Gross vehicle weight rating. h--hour(s). hr--hour(s).7

H 2 O--water. HC--Hydrocarbon(s).

HCLD--Heated chemiluminescence detector. HCHO--Formaldehyde.

HFID--Heated flame ionization detector. hp.--horsepower. IBP--Initial boiling point.

ID--Internal diameter. in.--inch(es).

K--Kelvin. kg--kilogram(s). kPa--kilopascal(s). lb.--pound(s). lb.-ft.--pound-feet. m--meter(s).

max.--maximum. MeOH--Methanol (CH 3 OH). mg--milligram(s). mi.--mile(s). min.--minute(s). ml--milliliter(s). mm--millimeter(s). mph--miles per hour. mv--millivolt(s).

N 2 --Nitrogen. NDIR-Nondispersive infrared.

NH 3 --Ammonia.

NMC--Non-methane cutter. NMHC--Non-methane hydrocarbons.

NO--nitric oxide.

NO 2 --nitrogen dioxide. NOx--oxides of nitrogen.

No.--Number.

O 2 --oxygen. OMHCE--Organic Material Hydrocarbon Equivalent. PDP-CVS--Positive displacement pump-constant volume sampler. PMD--Paramagnetic detector. ppm--parts per million by volume. ppm C--parts per million, carbon. psi--pounds per square inch.

R--Rankin. rpm--revolutions per minute. s--second(s).8

SAE--Society of Automotive Engineers. SI--International system of units.

SO 2 --Sulfur dioxide. V--volt(s). W--watt(s). WF--Weighting factor. wt.--weight.

ZROD--Zirconium dioxide sensor.

'--feet. "--inch(es).

° --degree(s).

Σ --summation.9

(b) The symbols defined in this section apply to th is part and have the following meanings and units:

Symbol Meaning Unit

A p Cross sectional area of the isokinetic m 2

sampling probe

A T Cross sectional area of the exhaust pipes m 2
F Engine specific parameter

considering atmospheric conditions

F FCB Fuel specific factor for the carbon

balance calculation

F FD Fuel specific factor for exhaust flow

calculation on dry basis

F FH Fuel specific factor representing the

hydrogen to carbon ratio

F FW Fuel specific factor for exhaust flow

calculation on wet basis

G AIRW Intake air mass flow rate on wet basis kg/h

G AIRD Intake air mass flow rate on dry basis kg/h

G DIL Dilution air mass flow rate kg/h

G EDF Equivalent diluted mass flow rate kg/h

G EDFW Equivalent diluted mass flow rate wet basis kg/ h

G EXHW Exhaust gas mass flow rate on wet basis kg/h

G Fuel Fuel mass flow rate kg/h

G TOT Diluted exhaust gas mass flow rate kg/h H Absolute humidity g/kg

(water content related to dry air) i Subscript denoting an individual mode

K H Humidity correction factor

K HDIE Humidity correction factor for diesel engines.

K HPET Humidity correction factor for gasoline engines. L Percent torque related to max. torque %

for the test mode mass Pollutant mass flow g/h

M SAM Mass of sample through particulate kg

sampling filters

p s Dry Atmospheric pressure kPa P Gross power output uncorrected kW

p d Test ambient saturation vapor pressure kPa

at ambient temperature

P AUX Declared total power absorbed by kW

auxiliaries fitted for the test10

P M Maximum power measured at the test speed kW

under test conditions q Dilution ratio - r Ratio of cross sectional areas of sampling -

probe and exhaust pipe

R
a Relative humidity of the ambient air % S Dynamometer setting kW T Absolute temperature at air inlet K

V SAM Volume of sample through particulate m 3

sampling filters

T Dd Absolute dewpoint temperature K

V EXHD Exhaust gas volume flow rate on dry basis m 3 /h

V AIRW Intake air volume flow rate on wet basis m 3 /h

V DILW Dilution air volume flow rate on wet basis m 3 /h

V EDFW Equivalent diluted volume flow rate on wet m 3 /h

basis

p B Total barometric pressure kPa

V EXHW Exhaust gas volume flow rate on wet basis m 3 /h

V TOTW Diluted exhaust gas volume flow rate on m 3 /h

wet basis WF Weighting factor

WF E Effective weighting factor

4. General Standards; Increase in Emissions; Unsafe Conditions.

(a) Any system installed on or incorporated in a ne w off-road large spark-ignition engine to enable such engine to conform to standards impos ed by these procedures:

(1) Shall not in its operation or function cause th e emission into the ambient air of any noxious or toxic substance that would not be em itted in the operation of such engine without such system, except as specifically permitted by re gulation; and

(2) Shall not in its operation, function or malfunc tion result in any unsafe condition endangering the engine, its operator, or persons or property in close proximity to the engine. (b) In establishing the physically adjustable range of each adjustable parameter on a new off-road large spark-ignition engine, the manufactu rer shall take into consideration the production tolerances and ensure that safe operabil ity characteristics are available within that

range. (c) Every manufacturer of new off-road large spark- ignition engines subject to any of the standards imposed by these procedures shall, prior to selling or offering for sale any engines, test or cause to be tested off-road large spark-ignition engines in accordance with good engineering practices to ascertain that such test engines will meet the requirements of this section for the useful life of the engine as defined in these Test Procedures.11

5. Adjudicatory Hearing. Parties affected by an Executive Officer's determin ation may file a request for an adjudicatory hearing under Title 17, Division 3, Ch apter 1, California Code of Regulations Subchapter 1.25. If, after reviewing the request a nd supporting data, the Executive Officer finds that the request raises a substantial issue of fact , a hearing in accordance with Subchapter 1.25 shall be granted.

6. Maintenance of Records; Submittal of Information ; Right of Entry. (a) The manufacturer of any new large spark-ignitio n off-road engine subject to any of the standards or procedures prescribed herein shall est ablish, maintain and retain the following adequately organized and indexed records.

(1) General records

. (i) The records required to be maintained by this p aragraph shall consist

of: (A) Identification and description of all certifica tion engines for which testing is required under these procedures. (B) A description of all emission control systems t hat are installed on or incorporated in each certification engine. (C) A description of all procedures used to test ea ch such certification engine. (ii) A properly filed application for certification , following the format prescribed by the ARB for the appropriate model yea r, fulfills each of the requirements of this paragraph (a)(1)(i).

(2) Individual records

. (i) A brief history of each off-road large spark-ig nition engine used for certification under these procedures including: (A) In the case where a current production engine i s modified for use as a certification engine, a description of the process by which the engine was selected and of

the modification made. In the case where the certi fication engine is not derived from a current production engine, a general description of the bui ldup of the engine (e.g., experimental heads, air intake manifolds, cams, and valves were cast an d machined according to supplied drawings, etc.). In both cases above, a description of the o rigin and selection process for the closed-loop air/fuel system components (carburetor and/or fuel injection components and feedback sensor(s)), auxiliary emission control system compo nents, exhaust emission control system components, and exhaust aftertreatment devices as a pplicable, shall be included. The required descriptions shall specify the steps taken to assur e that the engine used for certification with respect to air/fuel system, emission control system components, exhaust aftertreatment devices, exhaust emission control system components, or any other devices or components, as applicable that can reasonably be expected to influence exhaus t emissions, as applicable, will be representative of production engines, and that all components and/or engine construction processes, component inspection and selection techn iques, and assembly techniques employed in the construction of the certification engines are r easonably likely to be implemented for12

production engines, or that they are as closely ana logous as practicable to planned construction and assembly processes. (B) A complete record of all emission tests perform ed (except tests performed by ARB directly), including test results, the date and purpose of each test, and the number of hours accumulated on the engine. (C) The date of each required service accumulation run, listing the number of operating hours accumulated, individual e mission test data and results. (D) [Reserved] (E) A record and description of all maintenance and other service performed, giving the date of the maintenance or se rvice and the reason for it. (F) A record and description of each test performed to diagnose engine or emission control system performance, givi ng the date and time of the test and the

reason for it. (G) [Reserved] (H) A brief description of any significant events a ffecting the engine during any time in the period covered by the history not described by an entry under one of the previous headings including such extraordina ry events as accidents involving the engine or dynamometer runaway.

(ii) Each such history shall be started on the date that the first of any of the selection or buildup activities in paragraph (a)(2) (i)(A) of this section occurred with respect to the certification engine, shall be updated each tim e the operational status of the engine changes or additional work is done on it, and shall be kept in a designated location.

(3) All records, other than routine emission test r ecords, required to be maintained under these procedures shall be retained by the man ufacturer for a period of eight (8) years after issuance of all Executive Orders to which they rela te. Routine emission test records shall be retained by the manufacturer for a period of two (2 ) year after issuance of all Executive Orders to which they relate. Records may be retained as hard copy or reduced to microfilm, electronic format, punch cards, etc., depending on the record retention procedures of the manufacturer, provided, which in every case all the information contained in the hard copy shall be retained. (b) At the time of issuance of any instructions or explanations regarding the use, repair, adjustment, maintenance, or testing relevant to the control of crankcase or exhaust emissions of any new off-road large spark-ignition engine subjec t to any of the standards prescribed in these procedures, the engine manufacturer shall submit to the Executive Officer copies of all such instructions issued by the engine manufacturer for use by other manufacturers, assembly plants, distributors, dealers, and ultimate purchasers. Ho wever, the manufacturer need not submit any material not translated into the English language u nless specifically requested by the Executive

Officer. (c) (1) Any manufacturer who has applied for certif ication of a new off-road large spark-ignition engine subject to certification test ing under these procedures shall admit, or cause to be admitted, to any of the following facilities during operating hours, any ARB Enforcement Officer upon presentation of credentials or if nece ssary, an inspection warrant obtained pursuant to the California Code of Civil Procedures, Section 1822.50 et seq.

(i) Any facility where any such tests or procedures or activities connected13

with such tests are or were performed.

(ii) Any facility warehousing any new off-road larg e spark-ignition engine that has been, is being, or will be tested.

(iii) Any facility where any construction process o r assembly process used in the modification or buildup of such an engine in to a certification engine is taking place or has taken place. (iv) Any facility where any record or other documen t relating to any of the

above is located.

(2) Upon admission to any facility referred to in p aragraph (c)(1) of this section, any ARB Enforcement Officer shall be allowed:

(i) To inspect and monitor any part or aspect of su ch procedures, activities and testing facilities, including, but not limited to, monitoring engine preconditioning, emissions tests and service accumulation, maintenance, and en gine storage procedures, and to verify correlation or calibration of test equipment;

(ii) To inspect and make copies of any such records , designs, or other documents; and (iii) To inspect and/or photograph any part or aspe ct of any such certification engine and any components to be used in the construction thereof.

(3) In order to allow the Executive Officer to dete rmine whether or not production off-road large spark-ignition engines conform in al l material respects to the design specifications that applied to those engines described in the appl ication for certification for which an Executive Order has been issued, any manufacturer shall admit , or cause to be admitted, to any of the following facilities any ARB Enforcement Officer up on presentation of credentials or if necessary, an inspection warrant obtained pursuant to the California Code of Civil Procedures, Section 1822.50 et seq.

(i) Any facility where any document, design, or pro cedure relating to the translation of the design and construction of engin es and emission related components described in the application for certification testing into p roduction engines is located or carried on; and

(ii) Any facility where any off-road large spark-ig nition engines, or equipment, to be introduced into commerce are manuf actured or assembled. (4) On admission to any such facility referred to i n paragraph (c)(3) of this section, any ARB Enforcement Officer shall be allow ed:

(i) To inspect and monitor any aspect of such manuf acture or assembly and other procedures; (ii) To inspect and make copies of any such records , documents or design;

and (iii) To inspect and photograph any part or aspect of any such new off-road large spark-ignition engines (or new off-road equip ment powered by a new off-road large sparkignition engine) and any component used in the asse mbly thereof that is reasonably related to the purpose of his entry.14 (5) Any ARB Enforcement Officer shall be furnished by those in charge of a facility being inspected with such reasonable assis tance as he may request to help him discharge any function listed in this paragraph. Each appli cant for or recipient of certification is required to cause those in charge of a facility operated for its benefit to furnish such reasonable assistance without charge to ARB whether or not the applicant controls the facility.

(6) The duty to admit or cause to be admitted any A RB Enforcement Officer applies whether or not the applicant owns or contro ls the facility in question and applies both to domestic and foreign manufacturers and facilities. ARB will not attempt to make any inspection

that it has been informed that local law forbids. However, if local law makes it impossible to do what is necessary to insure the accuracy of data ge nerated at a facility, no informed judgement that an engine is certifiable or is covered by an E xecutive Order can properly be based on those data. It is the responsibility of the manufacturer to locate its testing and manufacturing facilities in jurisdictions where this situation will not aris e.

(7) For the purposes of this paragraph (c): (i) "Presentation of credentials" shall mean displa y of the document designating a person as an ARB Enforcement Officer.

(ii) Where equipment, vehicle, component, or engine storage areas or facilities are concerned, "operating hours" shall m ean all times during which personnel other than custodial personnel are at work in the vicinity of the area or facility and have access to it.

(iii) Where facilities or areas other than those co vered by paragraph (c)(7)(ii) of this section are concerned, "operatin g hours" shall mean all times during which an assembly line is in operation or all times during w hich testing, maintenance, service accumulation, production or compilation of records, or any other procedure or activity related to certification testing, to translation of designs fr om the test stage to the production stage, or to engine (or equipment) manufacture or assembly is be ing carried out in a facility.

(iv) "Reasonable assistance" includes, but is not l imited to, clerical, copying, interpretation and translation services, t he making available on request of personnel of the facility being inspected during their working h ours to inform the ARB Enforcement Officer of how the facility operates and to answer his ques tions, and the performance on request of emission tests on any engine that is being, has bee n, or will be used for certification testing. Such tests shall be nondestructive, but may require appropriate service accumulation. The Executive Officer of the ARB may compel a manufactu rer to cause the personal appearance of any employee at such a facility before an ARB Enfor cement Officer by signing a written request for the employee's appearance and serving it on the manufacturer. Any such employee who has been instructed by the manufacturer to appear will be entitled to be accompanied, represented, and advised by counsel.

(v) Any entry without 24 hour prior written or oral notification to the

affected manufacturer shall be authorized in writin g by the Executive Officer.15

7. Emission Standards for 2001 and Later through 2006 Model Year Off-Road Large Spark-Ignition Engines.

(a) (1) Exhaust emissions from new 2001 and later through 2006 model year off-road large spark-ignition engines shall not exceed the f ollowing: (i)

Exhaust Emission Standards (grams per brake horsepower-hour) [grams per kilowatt-hour] (1)

Model

Year Engine

Displacement Durability

Period Hydrocarbon

plus Oxides of Nitrogen Carbon

Monoxide

2002 and subsequent ≤ 1.0 liter 1,000

hours or 2

years 9.0

[12.0] 410

[549]

2001 -

2003 (2),(3) > 1.0 liter N/A 3.0 [4.0] 37.0

[49.6]

2004 -

2006 (4) > 1.0 liter 3500 hours or 5 years 3.0

[4.0] 37.0

[49.6]

2007 and subsequent > 1.0 liter 5000 hours or 7 years 3.0

[4.0] 37.0

[49.6]

Note: (1) Standards in grams per kilowatt-hour are given only as a reference. Pollutant emissions rep orted to

ARB by manufacturers must be in grams per brake hor sepower-hour. (2) Small volume manufacturers are not required to comply with these emission standards. (3) Manufacturers must show that at least 25 percen t of its California engine sales comply with the standards in 2001, 50 percent in 2002, and 75 perce nt in 2003. (4) The standards for in-use compliance for engine families certified to the standards in the row note d are 4.0 g/bhp-hr (5.4 g/kW-hr) hydrocarbon plus oxi des of nitrogen and 50.0 g/bhp-hr (67.0 g/kWhr) carbon monoxide, with a useful life of 5000 hou rs or 7 years. In-use averaging, banking, and trading credits may be generated for engines tested in compliance with these in-use compliance standards. If the in-use compliance level is above 3.0 but does not exceed 4.0 g/bhp-hr hydrocarbon plus oxides of nitrogen or is above 37. 0 but does not exceed 50.0 g/bhp-hr carbon monoxide, and based on a review of information deri ved from a statistically valid and representative sample of engines, the Executive Off icer determines that a substantial percentage of any class or category of such engines exhibits wit hin the warranty periods noted in Section 2435, Title 13, California Code of Regulations, an identi fiable, systematic defect in a component listed in that section, which causes a significant increase i n emissions above those exhibited by engines free of such defects and of the same class or category a nd having the same period of use and hours, then the Executive Officer may invoke the enforceme nt authority under Section 2439, Title 13, California Code of regulations to require remedial action by the engine manufacturer. Such16 remedial action is limited to owner notification an d repair or replacement of defective components, without regard to the requirements set forth in Sec tion 2439(b)(5) or Section 2439(c)(5)(B)(vi). As used in the section, the term “defect” does not include failures that are the result of abuse, neglect, or improper maintenance.

(b) Reserved

(c) No crankcase emissions shall be discharged into the ambient atmosphere from any

new 2001 or later

through 2006 model year off-road large spark-ignition engines.

(d) Reserved

8. Application for certification.

(a) A separate application for an Executive Order s hall be made for each engine family or engine family group for each year. Such applicatio n shall be made to the Executive Officer by the manufacturer and shall be updated and corrected by amendment.

(b) The application shall be in writing, signed by an authorized representative of the manufacturer, and shall include the following:

(1) (i) Identification and description of the engin es covered by the application and a description of their emission control system and fuel system components. This shall include a detailed description of each AECD to be i nstalled in or on any certification test engine.

(ii) (A) The manufacturer shall provide to the Exec utive Officer in the application for certification: (1) A list of those parameters that are physically capable of being adjusted (including those adjustable paramete rs for which access is difficult) and that, if adjusted to settings other than the manufacturer's recommended setting, may affect emissions; (2) A specification of the manufacturer's intended physically adjustable range of each such parameter, and the production tolerances of the limits or stops used to establish the physically adjustable r ange; (3) A description of the limits or stops used to es tablish the manufacturer's intended physically adjustable range of each adjustable parameter, or any other means used to inhibit adjustment; (4) The nominal or recommended setting, and the associated production tolerances, for each such par ameter. (5) A copy of the warranty booklet for each engine family, for ARB staff to review and modify. (6) A list of special test devices (such as adaptor s, simulator, etc.) with detailed descriptions of its functionality necessary to conduct emission testing. (B) The manufacturer may provide, in the applicatio n for certification, information relating to why certain parameters are not expected to be adjusted in actual use and to why the physically adjustable ran ge of each parameter, or any other means used17

to inhibit adjustment, are effective in preventing adjustment of parameters on in-use engines to settings outside the manufacturer's intended physic ally adjustable ranges. This may include results of any tests to determine the difficulty of gaining access to an adjustment or exceeding a limit as intended or recommended by the manufacture r. (C) The Executive Officer may require to be provide d detailed drawings and descriptions of the various emission-r elated components and/or hardware samples of such components, for the purpose of making his d etermination of which engine parameter will be subject to adjustment for new certification and new engine compliance testing and of the physically adjustable range for each such engine pa rameter.

(2) Projected California sales data sufficient to e nable the Executive Officer to select a test fleet representative of the engines f or which certification is requested. (3) A description of the test equipment and fuel pr oposed to be used. (4) (i) For each engine family, a statement of reco mmended maintenance and procedures necessary to assure that the engines cov ered by a Executive Order in operation conform to the regulations, and a description of th e program for training of personnel for such maintenance, and the equipment required.

(ii) At the option of the manufacturer, the propose d composition of the

emission-data test fleet. (c) The manufacturers shall submit to the Executive Officer the original application, any amendments thereto, and all notifications under Sec tions 17, 18, and 19. The Executive Officer may require that manufacturers submit additional co pies of all required information up to a maximum of three copies.

9. Approval of Application for Certification; Test Fleet Selections; Determinations of Parameters Subject to Adjustment for Certification and New Engine Compliance Testing, Adequacy of Limits, and Physically Adjustable Range s.

(a) After a review of the application for certifica tion and any other information that the Executive Officer may require, the Executive Office r may approve the application and select a

test fleet in accordance with Section 11. (b) The Executive Officer may disapprove in whole o r in part an application for certification for reasons including incompleteness, inaccuracy, inappropriate proposed service accumulation procedures, test equipment, or fuel, a nd incorporation of defeat devices on engines described by the application. (c) Where any part of an application is rejected, t he Executive Officer shall notify the manufacturer in writing and set forth the reasons f or such rejection. Within 30 days following receipt of such notification, the manufacturer may request a hearing on the Executive Officer's

determination in accordance with Section 5. The re quest shall be in writing, signed by an authorized representative of the manufacturer and s hall include a statement specifying the manufacturer's objections to the Executive Officer' s determinations, and data in support of such objections.

(d) When the Executive Officer selects emission-dat a engines for the test fleet, he will at18

the same time determine those engine parameters tha t will be subject to adjustment for certification, quality-audit and new engine complia nce testing, the adequacy of the limits, stops, seals, or other means used to inhibit adjustment, a nd the resulting physically adjustable ranges for each such parameter and notify the manufacturer of his determinations.

(1) (i) Except as noted in paragraph (d)(1)(iv) of this section, the Executive Officer may determine that any parameter on any eng ine is subject to adjustment if it is physically capable of being adjusted, may significa ntly affect emissions, and was not present on the manufacturer's engines in the previous model ye ar in the same form and function.

(ii) The Executive Officer may, in addition, determ ine that any other parameter on any engine that is physically capable of being adjusted and that may significantly affect emissions is subject to adjustment. However , the Executive Officer may make a determination only if he has previously notified th e manufacturer that he might require such adjustments and has found, at the time he gave this notice that the intervening period would be adequate to permit the development and application of the requisite technology, giving appropriate consideration to the cost of compliance within such period.

(iii) In determining the parameters subject to adju stment, the Executive Officer shall consider the likelihood that, for eac h of the parameters listed in paragraphs (d)(1)(i) and (d)(1)(ii) of this section, settings other than the manufacturer's recommended setting will occur on in- use engines. In determining likelihoo d, the Executive Officer may consider such factors as, but not limited to, information contain ed in the application, surveillance information from similar in-use engines, the difficulty and cos t of gaining access to an adjustment, damage to the engine if an attempt is made to gain such acces s and the need to replace parts following such attempt, and the effect of settings other than the manufacturer's recommended setting on engine performance characteristics including emission char acteristics.

(iv) The Executive Officer shall not consider manua l chokes of engines to be a parameter subject to adjustment under the para meter adjustment requirements.

(2) (i) The Executive Officer shall determine a par ameter to be adequately

inaccessible or sealed if: (A) In the case of an idle mixture screw, the screw is recessed within the carburetor casting and sealed with lead, thermosetting plastic, or an inverted elliptical spacer; or the screw is sheared off after adjustmen t at the factory, and the inaccessibility is such that the screw cannot be accessed and/or adjusted w ith simple tools in one-half hour or for $52 (1998 dollars) or less. (B) In the case of a choke bimetal spring, the plat e covering the bimetal spring is riveted or welded in place, or he ld in place with nonreversible screws. (C) In the case of a parameter that may be adjusted by elongating or bending adjustable members (e.g., the choke vacu um break), the elongation of the adjustable member is limited by design or, in the case of a be ndable member, the member is constructed of a material that when bent would return to its origi nal shape after the force is removed (plastic or spring steel materials). (D) In the case of any other parameter, the manufac turer demonstrates that adjusting the parameter to settin gs other than the manufacturer's recommended setting cannot be performed in one-half hour or cos ts more than $52 (1998 dollars).19 (ii) The Executive Officer shall determine a physic al limit or stop to be an adequate restraint on adjustability if: (A) In the case of a threaded adjustment, the threa ds are terminated, pinned or crimped so as to prevent addi tional travel without breakage or need for repairs that cannot be performed in one-half hour o r for $52 (1998 dollars) or less. (B) The adjustment is ineffective at the end of the limits of travel regardless of additional forces or torques applied to the adjustment. (C) The manufacturer demonstrates that travel or ro tation limits cannot be exceeded with the use of simple and commo n tools (screwdriver, pliers, cutters, drills, open-end or box wrenches, etc.) without incurring s ignificant and costly damage to the engine, equipment, vehicle or control system or without tak ing more than one-half hour or costing more than $52 (1998 dollars).

(iii) If the manufacturer service manuals or bullet ins describe routine procedures for gaining access to a parameter or for removing or exceeding a physical limit, stop, seal or other means used to inhibit adjustment, or if surveillance data indicate that gaining access, removing, or exceeding is likely, paragraphs (d)(2) (i) and (d)(2)(ii) of this section shall not apply for that parameter. (iv) In determining the adequacy of a physical limi t, stop, seal, or other means used to inhibit adjustment of a parameter not covered by paragraph (d)(2)(i) or (d)(2)(ii) of this section, the Executive Officer will consider t he likelihood that it will be circumvented, removed, or exceeded on in-use engines. In determi ning likelihood, the Executive Officer may consider such factors as, but not limited to, infor mation contained in the application; surveillance information from similar in-use engines; the diffic ulty and cost of circumventing, removing or exceeding the limit, stop, seal, or other means; da mage to the engine if an attempt is made to circumvent, remove, or exceed it and the need to re place parts following such attempt; and the effect of settings beyond the limit, stop, seal, or other means on engine performance

characteristics other than emission characteristics

.

(3) The Executive Officer shall determine two physi cally adjustable ranges for each parameter subject to adjustment;

(i) (A) In the case of a parameter determined to be adequately inaccessible or sealed, the Executive Officer may i nclude within the physically adjustable range applicable to testing under these procedures (certi fication testing) all settings within the production tolerance associated with the nominal se tting for that parameter, as specified by the manufacturer in the application for certification. (B) In the case of other parameters, the Executive Officer shall include within this range all settings within physi cal limits or stops determined to be adequate restraints on adjustability. The Executive Officer may also include the production tolerances on the location of these limits or stops when determin ing the physically adjustable range.

(ii) (A) In the case of a parameter determined to b e adequately inaccessible or sealed, the Executive Officer shall include within the physically adjustable range applicable to testing under the Production-Line Tes ting Procedure, only the actual settings to which the parameter is adjusted during production. (B) In the case of other parameters, the Executive Officer shall20

include within this range all settings within physi cal limits or stops determined to be adequate restraints on adjustability, as they are actually l ocated on the test engine. (e) (1) If the manufacturer submits the information specified in Section 8(b)(1)(ii) in advance of its application for certification, the E xecutive Officer shall review the information and make the determinations required in paragraph ( d) of this section within 90 days of the manufacturer's submittal as required by Section 600 30, Title 17, California Code of Regulations.

(2) The 90-day decision period is exclusive of the elapsed time during which ARB may request additional information from manufacture rs regarding an adjustable parameter and the receipt of the manufacturers' response(s). (f) Within 30 days following receipt of notificatio n of the Executive Officer's determinations made under paragraph (d) of this sec tion, the manufacturer may request a hearing

on the Executive Officer's determinations in accord ance with Section 5. The request shall be in writing, signed by an authorized representative of the manufacturer, and shall include a statement specifying the manufacturer's objections to the Exe cutive Officer's determinations, and data in support of such objections.

10. Required data for certification

.

(a) The manufacturer shall perform the tests requir ed by the applicable test procedures, and submit to the Executive Officer the following i nformation:

(1) A record of all pertinent maintenance . Such testing shall be designed and conducted in accordance with good engineering pract ice to assure that the engines covered by an

Executive Order issued under Section 16 will meet t he emission standards in Section 7 in actual use for the useful life of the engine as designated in these Test Procedures.

(2) Emission data from certification engines . Emission data on such engines tested in accordance with applicable emission test procedures herein and in such numbers as specified. These data shall include zero-hour data , if generated, and emission data generated for certification as required under Section 13(a)(2).

(3) A statement that the engines for which certific ation is requested conform to the requirements in Section 4, and that the descrip tions of tests performed to ascertain compliance with the general standards in Section 4, and the data derived from such tests, are available to the Executive Officer upon request.

(4) A statement that the test engines with respect to which data are submitted to demonstrate compliance with the applicable standard s of these procedures are in all material respects as described in the manufacturer's applica tion for certification, have been tested in accordance with the applicable test procedures util izing the fuels and equipment described in the application for certification and that on the basis of such tests the engines conform to the requirements of this part. If such statements cann ot be made with respect to any engine tested, the engine shall be identified, and all pertinent d ata relating thereto shall be supplied to the Executive Officer. If, on the basis of the data su pplied and any additional data as required by the Executive Officer, the Executive Officer determines that the test engine was not as described in the application for certification or was not tested in accordance with the applicable test procedures utilizing the fuels and equipment as des cribed in the application for certification, the21

Executive Officer may make the determination that t he engine does not meet the applicable standards. The provisions of Section 16(b) shall t hen be followed. (b) The above information must be provided unless t he Executive Officer, upon request of the manufacturer, waives the requirement. The E xecutive Officer may waive any requirement of this section for testing of an engine for which emission data are available or will be available under the provisions of Section 15. (c) If the manufacturer elects to use a measurement procedure other than the applicable Test Procedures to determine compliance with the st andards, the manufacturer shall:

(1) Determine the correlation between the alternati ve measurement procedure chosen and the procedure set forth in the Test Proc edures.

(2) Maintain a description of the procedure and tes t(s) used to determine the

correlation and the data derived from such tests.

(3) Make available to the Executive Officer, upon r equest, any of the information or data required in paragraphs (c)(1) and (2); and

(4) For each engine family for which a certificate is requested: (i) Provide a statement that the results obtained b y the alternative measurement procedure correlate with the results th at would be expected when determined by the

Test Procedures and (ii) Provide these results, adjusted if necessary w ith the applicable correlation offset, to be compared with the standar ds of Section 7(a).

11. Test Engines.

(a) Engine Families and Engine Family Groups. (1) The engines covered by an application for certi fication will be divided into groupings of engines that are expected to have simi lar emission characteristics throughout their useful life. Each group of engines with similar em ission characteristics shall be defined as a separate engine family group. An engine family gro up is defined similarly to an engine family, with the exception that the displacement per cylind er is used as a criterion for grouping the engines rather than the cylinder block configuratio n.

(2) (i) To be classed in the same engine family, en gines must be identical in all the following respects: (A) The cylinder bore center-to-center dimensions. (B)-(C) [Reserved] (D) The cylinder block configuration (air cooled or liquid
cooled; L-6, 90 ° V-8, etc.). (E) The location of the intake and exhaust valves ( or ports). (F) The method of air aspiration. (G) The combustion cycle. (H) Catalytic converter characteristics. (I) Thermal reactor characteristics. (J) Type of air inlet cooler (e.g., intercoolers an d after-coolers). (ii) To be classed in the same engine family group for off- road22

certification, engines must have the same displacem ent per cylinder (within 15 percent) and must be identical in all the following respects: (A) The cylinder bore center-to-center dimensions. (B)-(C) [Reserved] (D) [Reserved] (E) The location of the intake and exhaust valves (or ports). (F) The method of air aspiration. (G) The combustion cycle. (H) Catalytic converter characteristics. (I) Thermal reactor characteristics. (J) Type of air inlet cooler (e.g., intercoolers an d after-coolers). (3) Engines identical in all the respects listed in paragraph (a)(2) of this section may be further divided into different engine famili es if the Executive Officer determines that they may be expected to have different emission characte ristics. This determination will be based upon a consideration of the following features of e ach engine:

(i) The bore and stroke. (ii) The surface-to-volume ratio of the nominally d imensioned cylinder at the top dead center positions.

(iii) The intake manifold induction port size and c onfiguration. (iv) The exhaust manifold induction port size and c onfiguration. (v) The intake and exhaust valve sizes. (vi) The fuel system. (vii) The camshaft timing and ignition or injection timing characteristics. (4) Where engines are of a type that cannot be divi ded into engine families based upon the criteria listed in paragraphs (a)(2) and ( a)(3) of this section, the Executive Officer shall establish families for those engines based upon tho se features most related to their emission characteristics. Engines that are eligible to be i ncluded in the same engine family based on the criteria in paragraphs (a)(2) and (a)(3) of this se ction may be further divided into different engine families if the manufacturer determines that they m ay be expected to have different emission

characteristics. This determination will be based upon a consideration of the following features of each engine: (i) The dimension from the center line of the crank shaft to the center line

of the camshaft. (ii) The dimension from the center line of the cran kshaft to the top of the cylinder block head face.

(iii) The size of the intake and exhaust valves (or ports). (5) Engines identical in all the respects listed in paragraph (a)(2) of this section but which use differing fuels may be certified as o ne engine family, provided the engine family is certified using the fuel that would yield the worst -case emission scenario. (b) Emission-data engines

. (1) Engines will be chosen to be run for emission d ata based upon engine family groups. Within each engine family group, the requi rements of this paragraph must be met.

(2) Engines of each engine family group will be div ided into groups based upon23

their exhaust emission control systems. One engine of each system combination shall be run for gaseous emission data. The complete gaseous emissi on test must be conducted. Within each combination, the engine that features the highest h orsepower, primarily at or near the rated speed, will usually be selected. The engine manufacturer may elect to test the worst-case emissions engine within each combination with prior approval from the Executive Officer. The engine with the highest horsepower will usually be selected. F or engine families that contain multiple fuel systems, the engine manufacturer shall conduct sepa rate individual gaseous emission test based on the worst-case emissions configuration for each different fuel system within the engine family’s engine configuration.

(3) The Executive Officer may select a maximum of o ne additional engine within each engine-system combination based upon features indicating that it may have the highest emission levels of the engines of that combination. In selecting this engine, the Executive Officer will consider such features as the injectio n system, fuel system, engine control system, rated speed, rated horsepower, peak torque speed, a nd peak torque.

(4) Within an engine family control system combinat ion, the manufacturer may alter any emission-data engine (or other engine inc luding current or previous model year emission-data engines and development engines provi ded they meet the emission-data engines' protocol) to represent more than one selection unde r paragraph (b)(2) and (3) of this section. (c) In lieu of testing an emission-data engine sele cted under paragraph (b) of this section, and submitting data therefore, a manufacturer may, with the prior written approval of the Executive Officer, submit exhaust emission data as applicable on a similar engine, for which certification has previously been obtained or for w hich all applicable data required under Section 10 has previously been submitted. (d) Durability-data Engine (1) The engine manufacturer shall select the engine configuration that best represents the entire engine family or groups of en gine families to demonstrate engine and emission durability. The duration of the engine du rability demonstration for the purpose of generating deterioration factors for the emission c alculation shall be equivalent to the emissions durability period as defined in these Test Procedur es.

(2) (i) The engine manufacturer shall use good engi neering practice to determine engine and emission durability.

(ii) The engine manufacturer shall provide the Exec utive Officer with a written plan of the method used to determine engine and emission durability. The Executive Officer shall approve the plan if it demonstrates, according to good engineering judgement, the development of reasonable deterioration factors. T he engine manufacturer shall not proceed with testing until the Executive Officer has approved th e plan.

(iii) In the absence of a manufacturer’s specific s ervice accumulation cycle, engine durability demonstration shall be con ducted using multiple runs of the ISO 8178, Part IV, test cycle C-2, or for constant speed engi nes using multiple runs of the ISO 8178, Part IV, D-2 test cycle. The engine manufacturer may re quest, with the advanced approval of the Executive Officer, to reduce the total amount of se rvice accumulation hours for any durability / service accumulation engine. The engine manufactur er may make such request only after an engine has accumulated at a minimum one half of the engine’s defined useful life period. The24

Executive Officer shall base such approval on engin e’s durableness, maintenance events, emission test results, and the stability of engine out emissions.

(3) Regardless of which service accumulation cycle is used for generating the deterioration factors for emissions certification, the Executive Officer shall accept the

manufacturer’s deterioration factors for certificat ion the first year; but, may deny the use of the manufacturer’s deterioration factors for subsequent certification based on incorrect or inaccurate representativeness of actual in-use emissions test results.

12. Maintenance.

(a) This section specifies the maintenance schedule for emission-related parts that

manufacturers shall include in the maintenance inst ructions furnished under Section 22 to purchasers of new off-road large spark-ignition eng ines and new off-road equipment powered by a off-road large spark-ignition engine.

(1) Any emission-related maintenance that is perfor med on equipment, vehicles, engines, subsystems, or components must be technolo gically necessary to assure in-use compliance with the emission standards. The manufa cturer must submit data that demonstrate to

the Executive Officer that all of the emission-rela ted scheduled maintenance that is to be performed is technologically necessary. Scheduled maintenance must be approved by the Executive Officer prior to being performed or being included in the maintenance instructions provided to purchasers under Section 22. As provid ed below, ARB has determined that

emission-related maintenance at shorter intervals t han that outlined in paragraphs (a)(2)(i), (a)(2)(ii) and (a)(2)(iii) of this section is not t echnologically necessary to ensure in-use compliance. However, the Executive Officer may det ermine what maintenance intervals are technologically necessary.

(2) For off-road large spark-ignition engines, emis sion-related maintenance in addition to, or at shorter intervals than, the foll owing will not be accepted as technologically necessary, except as provided in paragraph (a)(4) o f this section.

(i) Fuel injector tips (cleaning only ). (ii) The adjustment, cleaning, repair, or replaceme nt of the following parts and components, at 4,500 hours of use and at 4,500- hour intervals thereafter: (A) Fuel injectors. (B) Turbocharger. (C) Electronic engine control unit and its associat ed sensors and

actuators. (D) Reserved

(3) (i) The following components are currently defi ned as critical emission-related components: (A) Catalytic converter. (B) Air injection system components. (C) Electronic engine control unit and its associat ed sensors (including oxygen sensor if installed) and actuator s. (D) Exhaust gas recirculation system (including all related filters25

and control valves). (E) Positive crankcase ventilation valve. (F) Fuel system (carburetor, throttle-body, port in jection system) (ii) Scheduled maintenance on critical emission-rel ated components must have a reasonable likelihood of being performed in- use. The manufacturer shall be required to

show the reasonable likelihood of such maintenance being performed in-use. Critical

emission-related scheduled maintenance items that s atisfy one of the following conditions shall be accepted by the Executive Officer as showing a r easonable likelihood that the maintenance has been performed in-use: (A) Data demonstrating a connection between emissio ns and equipment, engine, or vehicle performance by showin g that as emissions increase due to lack of maintenance, its performance will simultaneously de teriorate to a point unacceptable for typical operation. (B) Survey data which adequately demonstrates that, at an 80 percent confidence level, 80 percent of such engine s already have this critical maintenance item performed in-use at the recommended interval(s). (C) A clearly displayed visible signal system appro ved by the Executive Officer is installed to alert the engine or equipment operator or vehicle driver that maintenance is due. A signal bearing the message " maintenance needed" or "check engine," or a similar message approved by the Executive Officer, shall be actuated at the appropriate hours of usage point or by component failure. This signal m ust be continuous while the engine is in operation, and not easily eliminated without perfor mance of the required maintenance. Resetting the signal shall be a required step in the maintena nce operation. The method for resetting the signal system shall be approved by the Executive Of ficer. (D) A survey, approved by the Executive Officer, sh owing that a critical maintenance item is likely to be performed without a visible signal on a maintenance item for which there is no prior in-use experience witho ut the signal. To that end, the manufacturer may in a given model year market up to 200 randomly selected engines per critical

emission-related maintenance item without such visi ble signals, and monitor the performance of the critical maintenance item by the owners to show compliance with paragraph (a)(3)(ii)(B) of this section. This option is restricted to two con secutive model years and may not be repeated until any previous survey has been completed. If t he critical maintenance involves more than one engine family, the sample will be sales weighted to ensure that it is representative of all the families in question. (E) The manufacturer provides the maintenance free of charge, and clearly informs the customer that the maintenan ce is free in the instructions provided under

Section 22. (F) Any other method that the Executive Officer ap proves as establishing a reasonable likelihood that the criti cal maintenance will be performed in-use.

(iii) Visible signal systems used under paragraph ( a)(3)(ii)(C) of this section are considered an element of design of the emission control system. Therefore, disabling, resetting, or otherwise rendering such signals inop erative without also performing the indicated maintenance procedure is prohibited.26 (4) (i) In the case of any new scheduled maintenanc e, the manufacturer must submit a request for approval to the Executive Offi cer for any maintenance that it wishes to recommend to purchasers. New scheduled maintenance is that maintenance which did not exist prior to the 2001 model year, including that which is a direct result of the implementation of new technology not found in production prior to the 200 1 model year. The manufacturer must also include its recommendation as to the category ( i.e. , emission-related or non-emission-related, critical or non-critical) of the subject maintenanc e and, for suggested emission-related maintenance, the maximum feasible maintenance inter val. Such request must include detailed evidence supporting the need for the maintenance re quested, and supporting data or other

substantiation for the recommended maintenance cate gory and for the interval suggested for emission-related maintenance. Requests for new sch eduled maintenance must be approved prior

to the introduction of the new maintenance. The Ex ecutive Officer will then designate the

maintenance as emission-related or non-emission-rel ated. For maintenance items established as emission-related, the Executive Officer will furthe r designate the maintenance as critical if the component that receives the maintenance is a critic al component under paragraph (a)(3) of this section. For each maintenance item designated as e mission-related, the Executive Officer will also establish a technologically necessary maintena nce interval, based on industry data and other information available to ARB. Designations of emis sion-related maintenance items, along with their identification as critical or non-critical, a nd establishment of technologically necessary maintenance intervals, will be announced through th e certification process.

(ii) Any manufacturer may request a hearing in acco rdance with Section 5 on the Executive Officer's determinations in paragr aph (a)(4) of this section. The request shall be in writing, and shall include a statement specifyin g the manufacturer's objections to the Executive Officer's determinations, and data in sup port of such objections.

(b) Maintenance on emission-data engines. (1) Adjustment of idle speed on emission data engin es may be performed once before the certification emission test point. Any other engine, emission control system, or fuel system adjustment, repair, removal, disassembly, cl eaning, or replacement on emission-data engines shall be performed only with the advance ap proval of the Executive Officer. (2) Repairs to engine components, other than the emission control system or the fuel system, on an emission-data engine, shall be p erformed only as a result of part failure, system malfunction, or with the advance approval of the Executive Officer. (c) Equipment, instruments or tools may not be used to identify malfunctioning, maladjusted, or defective engine components unless the same or equivalent equipment, instruments, or tools will be available to dealersh ips and other service outlets and:

(1) Are used in conjunction with scheduled maintena nce on such components, or (2) Are used subsequent to the identification of an engine malfunction, as provided in paragraph (c)(1) of this section for em ission- data engines, or

(3) Unless specifically authorized by the Executive Officer. (d) Durability-data Engine (1) The manufacturer may conduct scheduled (routine /scheduled maintenance items as normally appears in the engine owner’s man ual) engine maintenance during the27

durability / service accumulation cycle test. The maintenance shall be consistent with the maintenance requirements set forth in Section 12(a)

.

(2) Manufacturer must receive advanced approval fro m the Executive Officer for any unscheduled maintenance on the durability engin e. Engine components, sensors, or emission related components’ maintenance conducted without t he Executive Officer’s approval may disqualify the engine and all related test results. (e) All test data, maintenance reports, and require d engineering reports shall be compiled and provided to the Executive Officer in accordance with Section 10.

13. Service Accumulation; Emission Measurements. (a) (1) The manufacturer shall determine the engine operating schedule to be used for dynamometer service accumulation on emission-data e ngines selected under Section 11(b). This determination shall be consistent with good enginee ring practice. A single engine operating schedule shall be used for all engines in an engine family group-control system combination. Operating schedules may be different for different combinations.

(2) The manufacturer shall determine, for each engi ne family or group of engine families, the number of hours at which the engine-s ystem combination is stabilized (no more than 50 hours for catalyst equipped) for emission-d ata testing.

(3) The manufacturer shall maintain, and provide to the Executive Officer if requested, a record of the rationale used in making this determination. The manufacturer may elect to accumulate 50 hours on each test engine wi thin an engine family group without making a determination. However, the Executive Officer may determine under Section 11(c) that no testing is required. (b) (1) (i) The results of all emission testing sha ll be supplied to the Executive

Officer. The manufacturer shall furnish to the Exe cutive Officer an explanation for voiding any

test. The Executive Officer will determine if void ing the test was appropriate based upon the explanation given by the manufacturer for the voide d test. Tests between test points may be conducted as required by the Executive Officer. Da ta from all tests (including voided tests) may be submitted weekly to the Executive Officer, but s hall be air posted or delivered to the Executive Officer within 7 days after completion of the test. In addition, all test data shall be compiled and provided to the Executive Officer in a ccordance with Section 10.

(ii) The results of all emission tests shall be rec orded and reported to the Executive Officer. These results shall be rounded, in accordance with ASTM E 29-90 to the number of decimal places contained in the applicabl e emission standard expressed to one additional significant figure.

(2) Whenever a manufacturer intends to operate and test an engine that may be used for emission data, the manufacturer shall reta in in its records all information concerning all emissions tests and maintenance, including engine a lterations to represent other engine selections. This information shall be submitted, i ncluding the engine description and specification information required by the Executive Officer, to the Executive Officer following

the emission-data test.

(3) Emission testing of any type with respect to an y certification engine other than that specified in these procedures is not allowed e xcept as such testing may be specifically28

authorized by the Executive Officer.

14. Test Procedures, General Requirements.

(a) Manufacturers shall use the procedures in Part II of these Test Procedures and all of

this Part I. (b) The Executive Officer may, on the basis of writ ten application by a manufacturer, prescribe test procedures, other than those set for th in this part, for any off-road large sparkignition engine that the Executive Officer determin es cannot be satisfactorily tested by the procedures set forth in this part. (c) If the manufacturer does not submit a written a pplication for use of special test procedures but the Executive Officer determines tha t an off-road large spark-ignition engine cannot be satisfactorily tested by the procedures s et forth in this part, the Executive Officer shall notify the manufacturer in writing that the applica tion for certification has been rejected, and set forth the reasons for such rejection in accordance with the provisions of Section 9(c). (d) The Executive Officer may amend these procedure s when the amendment is supported by data showing the necessity for the correction.

15. Confirmatory Testing by the Executive Officer.

(a) The Executive Officer may require that a manufa cturer provide to the ARB one or more of the test engines for confirmatory testing a t the manufacturer's expense. Such testing shall take place at such place or places as the Exe cutive Officer may designate. The Executive Officer may specify that he will conduct such testi ng at the manufacturer's facility, in which case instrumentation and equipment specified by the Exec utive Officer shall be made available by the manufacturer for test operations. Any testing cond ucted at a manufacturer's facility pursuant to this paragraph shall be scheduled by the manufactur er as promptly as possible. (b) (1) Whenever the Executive Officer conducts a t est on a test engine the results of that test, unless subsequently invalidated by the E xecutive Officer, shall comprise the official data for the engine at that prescribed test point a nd the manufacturer's data for that prescribed test point shall not be used in determining compliance w ith emission standards.

(2) Whenever the Executive Officer does not conduct a test on a test engine at a test point, the manufacturer's test data will be ac cepted as the official data for that point; provided that if the Executive Officer makes a determination that there is a lack of correlation between the manufacturer's test equipment and the t est equipment used by the Executive Officer, no manufacturer's test data will be accepted for th e purposes of certification until the reasons for

the lack of correlation are determined and the vali dity of the data is established by the manufacturer; and further provided that if the Executive Officer has reasonable basis to believe that any test data submitted by the manufacturer is not accurate or has been obtained in violation of any provision of this part, the Executive Office r may refuse to accept that data as the official data pending retesting or submission or further inf ormation. (3) (i) (A) The Executive Officer may adjust or cau se to be adjusted any adjustable parameter of an emission-data engine tha t the Executive Officer has determined to be29

subject to adjustment for certification testing in accordance with Section 9(d)(1), to any setting within the physically adjustable range of that para meter, as determined by the Executive Officer in accordance with Section 9(d)(3)(i), prior to the performance of any tests to determine whether such engine conforms to applicable emission standar ds, including tests performed by the manufacturer under Section 10(c). The Executive Of ficer, in making or specifying such adjustments, may consider the effect of the deviati on from the manufacturer's recommended setting on emissions performance characteristics as well as the likelihood that similar settings will occur on in-use engines. In determining likel ihood, the Executive Officer may consider factors such as, but not limited to, the effect of the adjustment on engine performance

characteristics and surveillance information from s imilar in-use engines. (B) For those engine parameters that the Executive Officer has not determined to be subject to adjustment during certi fication testing in accordance with Section 9(d)(1), the emission-data engine presented to the Executive Officer for testing shall be calibrated within the production tolerances applica ble to the manufacturer's specifications to be shown on the engine label (see the Section 2434, Ti tle 13, California Code of Regulations) as specified in the application for certification. If the Executive Officer determines that an engine is not within such tolerances, the engine shall be adj usted at the facility designated by the Executive Officer prior to the test and an engineering report shall be submitted to the Executive Officer describing the corrective action taken. Based on the engineering report, the Executive Officer will determine if the engine shall be used as an em ission-data engine.

(ii) If the Executive Officer determines that the t est data developed under paragraph (b)(3)(i) of this section would cause the emission-data engine to fail due to excessive 50-hour emission values, then the following procedu re shall be observed: (A) The manufacturer may request a retest. Before the retest, those engine parameters that the Executive Officer has no t determined to be subject to adjustment for certification testing in accordance with Section 9( d)(1) may be readjusted to manufacturer's specification, if these adjustments were made incor rectly prior to the first test. The Executive Officer may adjust or cause to be adjusted any para meter that the Executive Officer has determined to be subject to adjustment in accordanc e with Section 9(d)(3)(i). However, if the idle speed parameter is one that the Executive Offi cer has determined to be subject to adjustment, the Executive Officer shall not adjust it to a sett ing that causes a higher engine idle speed than would have been possible within the physically adju stable range of the idle speed parameter on the engine before it accumulated any dynamometer se rvice, all other parameters being identically adjusted for the purpose of the comparison. Other maintenance or repairs may be performed in accordance with Section 12. All work on the engin e shall be done at such location and under such conditions as the Executive Officer may prescr ibe. (B) The engine will be retested by the Executive Of ficer and the results of this test shall comprise the official da ta for the emission-data engine.

16. Certification.

(a) (1) If, after a review of the test reports and data submitted by the manufacturer, data derived from any inspection carried out under Section 6(c), and any other pertinent data or30

information, the Executive Officer determines that a test engine(s) meet(s) the requirements of these procedures, he will issue an Executive Order with respect to such test engine(s) except in cases covered by paragraph (c) of this section.

(2) Such certificate will be issued for such period not to exceed one model year as the Executive Officer may determine and upon such t erms as he may deem necessary or appropriate to assure that any new off- road large spark-ignition engine covered by the Executive Order will meet the requirements of this part.

(3) One such Executive Order will be issued for eac h engine family. (b) (1) The Executive Officer will determine whet her an engine covered by the application complies with applicable standards by o bserving the following relationships:

(i) An emission-data test engine selected under Sec tion 11(b)(3) shall represent all engines in the same engine-system com bination.

(ii) An emission-data test engine selected under Se ction 11(b)(3) shall represent all engines containing that emission cont rol system and having similar peak horsepower. (2) The Executive Officer will proceed as in paragr aph (a) of this section with respect to the engines belonging to an engine famil y group, all of which comply with all applicable standards.

(3) If, after a review of the test reports and data submitted by the manufacturer, data derived from any additional testing conducted pursuant to Section 15, data or information derived from any inspection carried out under Secti on 6(c) or any other pertinent data or information, the Executive Officer determines that one or more test engines of the certification test fleet do not meet applicable standards, the Ex ecutive Officer will notify the manufacturer in writing, setting forth the basis for his determinat ion. Within 30 days following receipt of the notification, the manufacturer may request a hearin g on the Executive Officer's determination under Title 17, California Code of Regulations, Div ision 3, Chapter 1, Subchapter 1.25.

(4) The manufacturer may, at his option, proceed wi th any of the following alternatives with respect to any engine family grou p represented by a test engine(s) determined not in compliance with applicable standards:

(i) Request a hearing under Section 5; or (ii) Delete from the application for certification the engines represented by the failing test engine. (Engines so deleted may b e included in a later request for certification under Section 17.) The Executive Officer may then s elect in place of each failing engine an alternate engine chosen in accordance with the sele ction criteria employed in selecting the engine that failed; or (iii) Modify the test engine and demonstrate by tes ting that it meets applicable standards. Another engine that is in al l material respect the same as the first engine, as modified, may then be operated and tested in accord ance with applicable test procedures.

(5) If the manufacturer does not request a hearing or present the required data for certification under paragraphs (b)(4) of this secti on (as applicable), the Executive Officer will deny certification. (c) (1) Notwithstanding the fact that any certifica tion engine(s) may comply with other provisions of these procedures, the Executive Officer may withhold or deny the issuance of31

an Executive Order (or suspend or revoke any such E xecutive Order that has been issued) with respect to any such engine(s) if:

(i) The manufacturer submits false or incomplete in formation in his application for certification thereof;

(ii) The manufacturer renders inaccurate any test d ata that he submits pertaining thereto or otherwise circumvents the int ent of the Act, or of this part with respect to such engine: (iii) Any ARB Enforcement Officer is denied access on the terms specified in Section 6(c) to any facility or portion thereof that contains any of the following: (A) The engine; (B) Any components used or considered for use in it s modification or buildup into a certification engine; (C) Any production engine that is or will be claime d by the manufacturer to be covered by the Executive Order; (D) Any step in the construction of an engine descr ibed in paragraph (c)(iii)(C) of this section; (E) Any records, documents, reports, or histories r equired by this part to be kept concerning any of the above;

(iv) Any ARB Enforcement Officer is denied "reasona ble assistance" (as defined in Section 6(c)) in examining any of the it ems listed in paragraph (c)(1)(iii) of this

section. (2) The sanctions of withholding, denying, revoking , or suspending of a certificate may be imposed for the reasons in paragraphs (c)(1) (i), (ii), (iii), or (iv) of this section only when

the infraction is substantial.

(3) In any case in which a manufacturer knowingly s ubmits false or inaccurate information or knowingly renders inaccurate or inva lid any test data or commits any other

fraudulent acts and such acts contribute substantia lly to the Executive Officer's decision to issue an Executive Order, the Executive Officer may deem such certificate void ab initio

.

(4) In any case in which certification of an engine is proposed to be withheld, denied, revoked, or suspended under paragraph (c)(1 )(iii) or (iv) of this section, and in which the Executive Officer has presented to the manufacturer involved reasonable evidence that a violation of Section 6(c) in fact occurred, the man ufacturer shall have the burden of establishing any contention to the satisfaction of the Executive Officer that even though the violation occurred, the engine in question was not involved i n the violation to a degree that would warrant withholding, denial, revocation, or suspension of c ertification under either paragraph (c)(1)(iii) or (iv) of this section.

(5) Any revocation or suspension of certification u nder paragraph (c)(1) of this

section shall: (i) Be made only after the manufacturer concerned h as been offered an opportunity for a hearing conducted in accordance w ith Section 5 hereof.

(ii) Extend no further than to forbid the introduct ion into commerce of engines previously covered by the certification tha t are still in the hands of the manufacturer, except in cases of such fraud or other misconduct a s makes the certification invalid ab initio

.32

17. Addition of an Engine After Certification. (a) If a manufacturer proposes to add to his produc t line an engine of the same engine-system combination as engines previously cer tified but that was not described in the application for certification when the test engine( s) representing other engines of that combination was certified, he shall notify the Exec utive Officer. Such notification shall be in

advance of the addition unless the manufacturer ele cts to follow the procedure described in

Section 19. This notification shall include a full description of the engine to be added. (b) The Executive Officer may require the manufactu rer to perform such tests on the test engine(s) representing the engine to be added that would have been required if the engine had been included in the original application for certi fication. (c) If, after a review of the test reports and data submitted by the manufacturer, and data derived from any testing conducted under Section 15 , the Executive Officer determines that the test engine(s) meets all applicable standards, the appropriate Executive Order will be amended accordingly. If the Executive Officer determines t hat the test engine(s) does not meet applicable standards, he will proceed under Section 16(b).

18. Changes to an Engine Covered by Certification.

(a) The manufacturer shall notify the Executive Off icer of any change in production engines in respect to any of the parameters listed in Section 11(a)(1) thru 11(a)(4), as applicable, giving a full description of the change. Such noti fication shall be in advance of the changes unless the manufacturer elects to follow the proced ure described in Section 19. (b) Based upon the description of the change, and d ata derived from such testing as the Executive Officer may require or conduct, the Execu tive Officer shall determine whether the engine, as modified, would still be covered by the Executive Order then in effect. (c) If the Executive Officer determines that the ou tstanding Executive Order would cover the modified engines he will notify the manufacture r in writing. Except as provided in Section 19 the change may not be put into effect prior to t he manufacturer's receiving this notification. If

the Executive Officer determines that the modified engines would not be covered by the Executive Order then in effect, the modified engine s shall be treated as additions to the product line subject to Section 17.

19. Alternative Procedures for Notification of Addi tions and Changes.

(a) A manufacturer may, in lieu of notifying the Ex ecutive Officer in advance of an addition of an engine under Section 17 or a change in an engine under Section 18, notify the Executive Officer concurrently with making an addit ion of an engine or a change in an engine, if the manufacturer determines that following the chan ge all engines affected by the addition or change will still meet the applicable emission stan dards. Such notification shall include a full description of the addition or change and any suppo rting documentation the manufacturer may desire to include to support the manufacturer's det ermination. The manufacturer's determination that the addition or change does not cause noncompl iance shall be based on an engineering33

evaluation of the addition or change and/or testing

. (b) The Executive Officer may require that addition al emission testing be performed to support the manufacturer's original determination s ubmitted in paragraph (a) of this section. If additional testing is required the Executive Office r shall proceed as in Section 17(b) and (c) or Section 18(b) and (c) as appropriate. Additional t est data, if requested, must be provided within 30 days of the request or the manufacturer must res cind the addition or change immediately. The Executive Officer may grant additional time to comp lete testing. If based on this additional testing or any other information, the Executive Off icer determines that the engines affected by the addition or change do not meet the applicable s tandards the Executive Officer will notify the manufacturer to rescind the addition or change imme diately upon receipt of the notification. (c) Election to produce engines under this section will be deemed to be a consent to recall all engines that the Executive Officer determines u nder Section 17(c) do not meet applicable standards, and cause such nonconformity to be remed ied at no expense to the owner. 20. Submission of Engine Identification Numbers.

(a) Upon request of the Executive Officer, the manu facturer of any off-road large sparkignition engine covered by an Executive Order shall , within 30 days, identify by engine identification number or alternative tracking metho d, the engine(s) covered by the Executive

Order. (b) The manufacturer of any off-road large spark-ig nition engine covered by an Executive Order shall provide to the Executive Officer, withi n 60 days of the issuance of an Executive Order, an explanation of the elements in any engine identification coding system in sufficient detail to enable the Executive Officer to identify those engines that are covered by an Executive

Order.

21. Production Engines.

Any off-road large spark-ignition engine manufactur er obtaining certification under this part shall notify the Executive Officer, on a yearl y basis, of the number of engines of such engine family-engine displacement-exhaust emission control system-fuel system combination produced for sale in California during the preceding year.

22. Maintenance Instructions

.

(a) The manufacturer shall furnish or cause to be f urnished to the purchaser of each new off-road large spark-ignition engine subject to the standards prescribed in Section 7 written instructions for the proper maintenance and use of the engine by the purchaser consistent with the provisions of Section 12, which establishes what sc heduled maintenance the Executive Officer approves as being reasonable and necessary.

(1) The maintenance instructions required by this s ection shall be in clear, and to the extent practicable, nontechnical language.

(2) The maintenance instructions required by this s ection shall contain a general description of the documentation that the manufactu rer will require from the ultimate purchaser34

or any subsequent purchaser as evidence of complian ce with the instructions. (b) Instructions provided to purchasers under parag raph (a) of this section may specify the performance of any scheduled maintenance allowed un der Section 12. (c) Scheduled emission-related maintenance in addit ion to that performed under Section 12(b) may only be recommended to offset the effects of abnormal in-use operating conditions, except as provided in paragraph (d) of this section . The manufacturer shall be required to demonstrate, subject to the approval of the Executi ve Officer that such maintenance is reasonable and technologically necessary to assure the proper functioning of the emission control system.

Such additional recommended maintenance shall be cl early differentiated, in a form approved by the Executive Officer, from that approved under Sec tion 12(b). (d) Inspections of emission-related parts or system s with instructions to replace, repair, clean, or adjust the parts or systems if necessary, are not considered to be items of scheduled maintenance that insure the proper functioning of t he emission control system. Such inspections, and any recommended maintenance beyond that approve d by the Executive Officer as reasonable and necessary under paragraphs (a), (b), and (c) of this section, may be included in the written instructions furnished to engine or equipment owner s under paragraph (a) of this section; provided that such instructions clearly state, in a form ap proved by the Executive Officer that the owner need not perform such inspections or recommen ded maintenance in order to maintain the emission warranty.

23. Submission of Maintenance Instructions.

(a) The manufacturer shall provide to the Executive Officer, no later than the time of the submission required by Section 10, a copy of the ma intenance instructions that the manufacturer proposes to supply to the ultimate purchaser in acc ordance with Section 22(a). The Executive

Officer will review such instructions to determine whether they are reasonable and necessary and sufficient to assure the proper functioning of the engine's (or equipment's) emission control systems. The Executive Officer will notify the man ufacturer of his determination whether such instructions are reasonable and necessary and suffi cient to assure the proper functioning of the emission control systems.

(b) Any revision to the maintenance instructions th at will affect emissions shall be supplied to the Executive Officer at least 30 days before being supplied to the ultimate purchaser unless the Executive Officer consents to a lesser p eriod of time.

24. Alternative Certification Procedures.

(a) (1) The Executive Officer shall determine that of the following certification procedures (paragraph (a)(3) or (a)(4) of this sect ion), if any, may be used to demonstrate compliance for each off-road large spark-ignition e ngine family group for which certification is sought. In making this determination, the Executiv e Officer will consider whether the following

criteria have been met.

(i) In prior certifications:35 (A) The applications have been properly completed a nd demonstrate understanding of the certification prot ocol. (B) The test engine selection has been acceptable t o the Executive

Officer. (C) All applicable emission control label requireme nts have been complied with. (D) The applications have not included requests for deviations from the test procedures.

(ii) For the engine family group in question: (A) The test engine includes technology similar to previously certified engines. (B) Such other criteria as the Executive Officer de termines on a case-by-case basis.

(2) The engine family groups selected for the proce dure described in paragraph (a)(3) of this section shall be subject to this pro cedure at the option of the manufacturer.

(3) The following provisions apply to those off-roa d large spark-ignition engine family groups that the Executive Officer has specif ied may be subject to the abbreviated certification review procedure.

(i) The manufacturer shall satisfy all applicable r equirements of these provisions necessary to demonstrate compliance with the applicable standards.

(ii) As specifically allowed by the Executive Offic er, the manufacturer shall assume the responsibility for part or all of the decisions applicable to the family group for which certification is sought and that are within t he jurisdiction of the Executive Officer, with the exception that the Executive Officer shall determin e whether a test engine has met the applicable

emission standards. (iii) The manufacturer shall maintain, update, and correct all records and information required. (iv) The Executive Officer may review a manufacture r's records at any time. At the Executive Officer's discretion, this review may take place either at the manufacturer's facility or at another facility desi gnated by the Executive Officer.

(v) At the Executive Officer's request, the manufac turer shall notify the

Executive Officer of the status of the certificatio n program, including projected schedules of those significant accomplishments specified by the Executive Officer.

(vi) The manufacturer shall permit the Executive Of ficer to inspect any facilities, records, and vehicles from which data a re obtained under the abbreviated certification review procedure. (vii) Upon completing all applicable requirements o f these provisions, the manufacturer shall submit an application for certif ication. Such application shall be made in writing to the Executive Officer by the manufacture r. (A) The Executive Officer may approve or disapprove , whole or in part, an application for certification according to the procedures specified in Section 9(b). (B) If, after a review of the application for certi fication, test reports and data submitted by the manufacturer, data obtain ed during an inspection, and any other36

pertinent data or information, the Executive Office r determines that a test engine(s) has not met the applicable provisions, the Executive Officer sh all notify the manufacturer in writing and set forth the reason(s) for the determination as specif ied in Section 9. (4) Those engine family groups that are to be subje cted (to the complete ARB review procedure) shall follow the procedures speci fied in these provisions, with the exception of paragraph (a)(3) of this section. (b) The manufacturer may request that an engine fam ily group be subject (to the abbreviated certification review procedure) shall m ake such request during annual certification preview program or at least 6 months before the sta rt of the model year for abbreviated certification review procedure. (c) The Executive Officer may require that an engin e family group previously allowed to be subject (to the abbreviated certification review procedure) be transferred to the complete review procedure.

25. Test Fuel.

(a) (1) If the engine is a gasoline-fueled large sp ark-ignition engine, then the test fuel used shall be consistent with the fuel specificatio ns as outlined in the "California Exhaust

Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium- Duty Vehicles," as a dopted May 20, 1987, and last amended June 24, 1996, and incorporated by reference herein . The California fuel specifications are contained in the California Code of Regulations, Ti tle 13, Chapter 5, Article 1, Sections 2260- 2272. If the engine is tested using the U.S. EPA t est fuel, consistent with the fuel specifications as outlined in Title 40 Code of Federal Register, Part 86, the manufacturer shall demonstrate that the emission test results complies with these Test Procedures.

(2) If the engine is not a gasoline-fueled large sp ark-ignition engine, then the test fuel used shall be consistent with the fuel specifi cations as outlined in the "California Exhaust

Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium- Duty Vehicles," as a dopted May 20, 1987, and last amended June 24, 1996, and incorporated by reference herein . The California fuel specifications are contained in the California Code of Regulations, Ti tle 13, Chapter 5, Article 3, Sections 2290- 2293.5. If the engine is tested using the U.S. EPA test fuel, consistent with the fuel specifications as outlined in Title 40 Code of Fed eral Register, Part 86, the manufacturer shall demonstrate that the emission test results complies with these Test Procedures. (b) During all engine tests, the engine shall emplo y a lubricating oil consistent with the engine manufacturer's specifications for that parti cular engine. These specifications shall be recorded and declared in the certification applicat ion.