APPENDIX A: MANUFACTURER STANDARDS AND TEST PROCEDU RES

Part 1

Proposed Regulation Order, Part 1: Amend California Code of Regulations, Title 13, Sections 2430, 2433, and 2434 for Off-Road Large Sp ark-Ignition Engines.

## PROPOSED REGULATION ORDER, PART 1.

Note: Amendments to the regulations are shown with underline text for additions and strikeout

text for deletions

.

Amend California Code of Regulations, title 13, sec tions 2430, 2433, and 2434 to read:

Article 4.5. Off-Road Large Spark-Ignition Engines

§ 2430. Applicability.

(a) (1) This article applies to large off-road spar k-ignition engines 25 horsepower and greater produced on or after January 1, 2001 and al l equipment and vehicles produced on or after January 1, 2001 that use such engines.

(2) Every new off-road large spark-ignition (LSI) e ngine that is manufactured for sale, sold, or offered for sale in California, or t hat is introduced, delivered or imported into

California for introduction into commerce and that is subject to any of the standards prescribed in this article and documents incorporated by referenc e therein, must be certified for use and sale by the manufacturer through the Air Resources Board an d covered by an Executive Order, issued pursuant to Chapter 9, Article 4.5, Section 2433.

(3) This article does not apply to engines in vehic les that are subject to the U.S. Environmental Protection Agency Regulations in Titl e 40, Code of Federal Regulations, Part 1051. In California, such engines and vehicles are subject to requirements of Title 13, California Code of Regulations, Chapter 9, Article 3, Off-High way Recreational Vehicles and Engines, including any related provisions and guidelines tha t are applicable to Off-Highway Recreational Vehicles and Engines.

(b) Each part of this article is severable, and in the event that any part of this chapter or article is held to be invalid, the remainder of the article remains in full force and effect.

(c) This article and documents incorporated by refe rence herein include provisions for emissions certification, labeling requirements, war ranty, in-use compliance testing, and production line testing.

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 431 01, 43102, 43104, 43105, 43150, 43151, 43152, 43153,

- 43154, 43205.5, and 43210, 43210.5, 43211 and

- 43212, Health and Safety Code.2

§ 2433. Exhaust Emission Standards and Test Procedures - Off- Road Large Sparkignition Engines.

(a) This section applies to new off-road large spar k-ignition engines produced on or after January 1, 2001. For the purpose of this section, these engines are also referred to as “new offroad LSI engines. ”.

(b) Standards.

(1) Exhaust Emission Standards. Exhaust emissions from off-road large sparkignition engines manufactured for sale, sold, or of fered for sale in California, or that are introduce d, delivered or imported into California for introduct ion into commerce, must not exceed:

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

- 2009 > 1.0 liter 5000 hours or 7 years 3.0 2.0

[4.0] [2.7] 37.0 15.5

[49.6] [20.8]

2010 and subsequent

(5) > 1.0 liter 5000 hours or 7 years 0.6

[0.8] 15.5

[20.8]

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 fami lies certified to the standards in the row noted 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 compliance3 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 with in the warranty periods noted in Section 2435, an identifiable, systematic defect in a component l isted in that section, which causes a significant increase in emissions above those exhibited by engi nes free of such defects and of the same class or category and having the same period of use and h ours, then the Executive Officer may invoke the enforcement authority under Section 2439, Title 13, California Code of regulations to require remedial action by the engine manufacturer. Such r emedial action is limited to owner notification and repair or replacement of defective components, without regard to the requirements set forth in Section 2439(b)(5) or Section 2439(c)(5)(B)(vi). A s used in the section, the term “defect” does not include failures that are the result of abuse, neglect, or improper maintenance. (5) Small volume manufacturers are required to comp ly with these emission standards in 2013.

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

Model

Year Engine

Displacement Durability

Period Hydrocarbon

plus Oxides of Nitrogen Carbon

Monoxide

2007 -

2009 > 1.0 liter 5000 hours or 7 years 1.5

[2.0] 15.5

[20.8]

2007 -

2009 > 1.0 liter 5000 hours or 7 years 1.0

[1.3] 15.5

[20.8]

2007 -

2009 > 1.0 liter 5000 hours or 7 years 0.6

[0.8] 15.5

[20.8]

2007 -

2009 > 1.0 liter 5000 hours or 7 years 0.4

[0.5] 15.5

[20.8]

2007 -

2009 > 1.0 liter 5000 hours or 7 years 0.2

[0.3] 15.5

[20.8]

2007 -

2009 > 1.0 liter 5000 hours or 7 years 0.1

[0.1] 15.5

[20.8]

2010 and subsequent > 1.0 liter 5000 hours or 7 years 0.4

[0.5] 15.5

[20.8]

2010 and subsequent > 1.0 liter 5000 hours or 7 years 0.2

[0.3] 15.5

[20.8]

2010 and subsequent > 1.0 liter 5000 hours or 7 years 0.1

[0.1] 15.5

[20.8]4

(2) Crankcase Emissions. No crankcase emissions shall be discharged into t he ambient atmosphere from any new 2001 or later model year of f-road LSI engines.

(3) Evaporative Emission Standards.

(A) Starting in the 2007 model year, engines that run o n a volatile liquid fuel (such as gasoline), must meet the following evapora tive emissions standards and requirements: (i) Evaporative hydrocarbon emissions may not exceed 0. 2 grams per gallon of fuel tank capacity when measured with the test procedures for evaporative emissions as described in subpart F , Title 40 Code of Federal Regulations (CFR) Sec.1048. (ii) For nonmetallic fuel lines, you must specify and us e products that meet the Category 1 specifications in SAE J2260. (iii) Liquid fuel in the fuel tank may not reach boiling during continuous engine operation in the final installation at an am bient temperature of 30o C. Note that gasoline with a Reid vapor pressur e of 62 kPa (9 psi) begins to boil at about 53o C.

(c) Test Procedures. The test procedures for determining certification and compliance

with the standards for exhaust emissions from new m odel year 2001 through 2006 off-road LSI engines with engine displacement greater than 1.0 l iter sold in the state are set forth in

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

2006 Off-Road Large Spark-ignition Engines,” adopted Se ptember 1, 1999, and as last amended
[ insert date of amendment ] . The test procedures for determining certification and compliance with the standards for exhaust and evaporative emis sions from new model year 2007 and subsequent off-road LSI engines with engine displac ement greater than 1.0 liter sold in the state

are set forth in “California Exhaust Emission Stand ards and Test Procedures for New 2007 and Later Off-Road Large Spark-ignition Engines,” adopt ed [Insert date of adoption].

(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.

(e) Replacement Engines Replacement Engines

. (1) [ Reserved]

(2) (A) Beginning in 2004, a new off-road large sp ark-ignition engine intended solely to replace an engine in a piece of off-road equipment that was originally produced with an engine manufactured prior to the a pplicable implementation date as described in paragraph (b), shall not be subject to the emiss ions requirements of paragraph (b) provided

that: (i) The engine manufacturer has ascertained that no engine5

produced by itself or the manufacturer of the engin e that is being replaced, if different, and certified to the requirements of this article, is a vailable with the appropriate physical or performance characteristics to repower the equipmen t; and (ii) Unless an alternative control mechanism is app roved in advance by the Executive Officer, the engine manufa cturer or its agent takes ownership and possession of the engine being replaced; and (iii) The replacement engine is clearly labeled wit h the following language, or similar alternate language approved in advance by the Executive Officer:

THIS ENGINE DOES NOT COMPLY WITH CALIFORNIA OFF-ROA D OR ON-HIGHWAY EMISSION REQUIREMENTS. SALE OR INSTALLATION OF THI S ENGINE FOR ANY

PURPOSE OTHER THAN AS A REPLACEMENT ENGINE IN AN OF F-ROAD VEHICLE OR PIECE OF OFF-ROAD EQUIPMENT WHOSE ORIGINAL ENGIN E WAS NOT

CERTIFIED IS A VIOLATION OF CALIFORNIA LAW SUBJECT TO CIVIL PENALTY.

(B) At the beginning of each model year, the manuf acturer of replacement engines must provide, by engine model, an estimate of the number of replacement engines it expects to produce for California for that model ye ar.

(C) At the conclusion of the model year, the manuf acturer must provide, by engine model, the actual number of replacement e ngines produced for California during the model year, and a description of the physical or pe rformance characteristics of those models that indicate that certified replacement engine(s) were not available as per paragraph (A).

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 431 01, 43102, 43104, 43105, 43150, 43151, 43152, 43153,

- 43154, 43205.5, and 43210, 43210.5, 43211 and

- 43212, Health and Safety Code.6

2434. Emission Control Labels - 2001 and Later Off -Road Large Spark-ignition Engines

(a) Purpose. The Air Resources Board recognizes that certain emi ssions-critical or emissions-related parts must be properly identified and maintained in order for engines to meet the applicable emission standards. The purpose of these specifica tions is to require engine manufacturers to affix a label (or labels) on each production engine (or equipment) to provide the engine or equipment owner and service mechanic with informati on necessary for the proper maintenance of these parts in customer use.

(b) Applicability. This section applies to: (1) 2001 and later model year off-road LSI engine s with engine displacement greater than 1.0 liter, that have been certified to the applicable emission standards pursuant to Section 2433(b).

(2) Engine manufacturers and original equipment ma nufacturers, as applicable, that have certified such engines.

(3) Original equipment manufacturers, regardless o f whether they have certified the engine, if their equipment obscures t he emission control labels of such certified engines. (4) 2002 and later model year off-road LSI engines with engine displacement less than or equal to 1.0 liter must comply with th e applicable labeling specifications set forth in the California Code of Regulations, Title 13, Secti on 2404.

(c) Label Content and Location. (1) A tune-up label made of a permanent material m ust be welded, riveted or otherwise permanently attached to the engine block or other major component in such a way that it will be readily visible after installation of th e engine in the equipment. If the equipment obscures the label on the engine, the equipment man ufacturer must attach a supplemental label such that it is readily visible.

(2) In selecting an acceptable location, the manuf acturer must consider the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). Each label must be affixed in suc h a manner that it cannot be removed without destroying or defacing the label, and must not be a ffixed to any part which is likely to be replaced during the equipment’s useful life. The label(s) m ust not be affixed to any component which is easily detached from the engine.

(3) In addition, an engine serial number and date of engine manufacture (month and year) must be stamped on the engine bloc k or stamped on a metal label riveted or permanently attached to the engine block. Engine m anufacturers must keep records such that the engine serial number can easily be used to determin e if an engine was certified for the applicable model year. Alternative engine serial number ident ification methods or tracking number may be allowed with prior approval from the Executive Offi cer.

(4) The label must be in the English language and use block letters and

numerals which must be of a color that contrasts wi th the background of the label.7 (5) The label must contain the following informati on:

(A) The label heading must read:

“Important Engine Information.”

(B) Full corporate name and trademark of the manuf acturer. (C) “THIS ENGINE IS CERTIFIED TO OPERATE ON (spec ify operating fuel(s)).” (D) Identification of the Exhaust Emission Control System. Abbreviations may be used and must conform to the n omenclature and abbreviations found in the Society of Automotive Engineers document J1930 whic h is incorporated by reference in Section 1977, Title 13, CCR, entitled “Electrical/Electroni c Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms.”

(E) The maintenance specifications and adjustments recommended by the engine manufacturer, including, as applicable: spark plug gap width, valve lash, ignition timing, idle air/fuel mixture setting procedure and value (e.g., idle CO, idle speed drop), and high idle speed. These specifications must indicate th e proper transmission position, (if applicable), during tune-up and what accessories, if any, should be in operation, and what systems, if any (e.g., vacuum advance, air pump), should be disconn ected during the tune-up. If the manufacturer does not recommend adjustment of the f oregoing specifications, the manufacturer must include in lieu of the “specifications” the si ngle statement “No other adjustments needed.” For all engines, the instructions for tune-up adju stments must be sufficiently clear on the label to preclude the need for a mechanic or equipment owner to refer to another document in order to correctly perform the adjustments.

(F) Any specific fuel or engine lubricant requireme nt (e.g., research octane number, engine lubricant type).

(G) An unconditional statement of compliance with t he appropriate model year (for 2001-2003) or (2004 and subsequent) California regulations; for example, “This engine conforms to 2002 California regulations for off-road large spark-ignition engines and is certified to 3.0 g/bhp-hr HC+NOx and 37 g/bhp-hr CO .” or “This engine conforms to 2006 7 California regulations for off-road large spark-ign ition engines and is certified to 0.6 g/bhp-hr HC+NOx and 15.5 g/bhp-hr CO .”

(H) Total engine displacement (in cubic inches and/ or liters) of the engine upon which the engine label is attached.

(I) The engine family identification (i.e., engine family name and manufacturer’s own engine group/code).

(6) (A) The manufacturer of any engine certified with a clean fuel (i.e. natural gas) must at the time of engine manufacture , affix a permanent legible label specifying the appropriate operating fuel(s).

(B) The label must be located immediately adjacent to each fuel tank filler inlet and outside of any filler inlet compar tment. It must be located so that it is readily8

visible to any person introducing fuel to such fill er inlet; provided, however, that the Executive Officer must upon application from an engine manufa cturer, approve other label locations that achieve the purpose of this paragraph. If the engi ne is manufactured separately from the equipment, the label must be affixed to the engine and located so that it is readily visible. Such labels must be in English and in block letters whic h must be of a color that contrasts with their background.

(d) An engine label may state that the engine or e quipment conforms to any applicable federal emission standards for new engin es, or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the equipment or engine.

(e) Supplemental Engine Label Content and Location. (1) When a final equipment assembly that is markete d to any ultimate purchaser is manufactured and the engine label atta ched by the engine manufacturer is obscured (i.e., not readily visible), the manufacturer of th e final equipment assembly (i.e., original equipment manufacturer) must attach a supplemental engine label upon the engine or equipment. The supplemental engine label must be plastic or m etal, and must be welded, riveted or otherwise attached permanently to an area of the en gine or equipment assembly so as to be readily visible to the average person. (2) The manufacturer required to attach a supple mental engine label must consider the possibility of accidental damage to th e supplemental engine label in the

determination of the label location. Such a label must not be attached to any engine or equipment component that is likely to be replaced d uring the useful life of the engine or equipment (as applicable). Such a label must not b e attached to any engine or equipment component that is detached easily from the engine o r equipment (as applicable). (3) The supplemental engine label information mu st be written in the English language and use block letters and numerals (i.e., sans serif, upper-case characters) that must be of a color that contrasts with the background of th e label. (4) A supplemental engine label must contain the information as specified in Subsection (c)(4) (5) , except that the date of engine manufacture specif ied in (c)(3) may be deleted from the supplemental engine label. When th e date of engine manufacture does not appear on the supplemental engine label, the respon sible original equipment manufacturer must display (e.g., label, stamp, etc.) the date elsewhe re on the engine or equipment so as to be readily

visible.

(f) As used in these specifications, readily visib le to the average person means that the label must be readable from a distance of eight een inches (46 centimeters) without any obstructions from equipment or engine parts (includ ing all manufacturer available optional equipment) except for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out of the way without disconnection. Alternatively, info rmation required by these specifications to be printed on the label must be no smaller than 8 poin t type size (2 millimeter in height) provided9

that no equipment or engine parts (including all ma nufacturer available optional equipment), except for flexible parts, obstruct the label.

(g) The labels and any adhesives used must be desi gned to withstand, for the engine’s or equipment’s total expected life, typical equipme nt environmental conditions in the area where the label is attached. Typical equipment environme ntal conditions must include, but are not limited to, exposure to engine fuels, lubricants an d coolants (e.g., gasoline, motor oil, water, ethylene glycol). The manufacturer must submit, wi th its certification application, a statement attesting that its labels comply with these require ments.

(h) The manufacturer must obtain approval from the Executive Officer for all label formats and locations prior to use. Approval of th e specific maintenance settings is not required; however, the format for all such settings and toler ances, if any, is subject to review. If the

Executive Officer finds that the information on the label is vague or subject to misinterpretation, or that the location does not comply with these spe cifications, he or she may require that the label or its location be modified accordingly.

(i) Samples of all actual production labels used wi thin an engine family must be submitted to the Executive Officer within thirty da ys after the start of production. Engine manufacturers must provide samples of their own app licable production labels, and samples of applicable production original equipment manufactur er labels that are accessible to the engine manufacturer due to the direct market arrangement b etween such manufacturers.

(j) The Executive Officer may approve alternate la bel locations or may, upon request, waive or modify the label content requirements prov ided that the intent of these specifications is

met.

(k) The manufacturer of any engine must furnish to the Executive Officer, at the beginning of the model year, any engine identificat ion number coding system which identifies whether such engine(s) are covered by an Executive Order.

(l) (1) If the Executive Officer finds any engine m anufacturer using labels that are different from those approved or that do not su bstantially comply with the readability or durability requirements set forth in these specific ations, the engine manufacturer will be subject to revocation or suspension of Executive Orders for the applicable engine families, or enjoined from any further sales, or distribution, of such no ncompliant engine families, or subgroups within the engine families, in the State of California pur suant to Section 43017 of the Health and Safety Code. Before seeking to enjoin an engine manufactu rer, the Executive Officer will consider any information provided by the engine manufacturer. I n addition, the engine manufacturer may be subject to, on a per engine basis, any and all reme dies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq.10

(2) If the Executive Officer finds any original equipment manufacturer using labels for which it has responsi bility for attaching that are different from those approved or that do not substantially co mply with the readability or durability requirements set forth in these specific ations, the equipment manufacturer will be subject to being enjoined from any further sales, or distribution, of the applicable equipment product line that uses such no ncompliant labels in the State of California pursuant to Section 43017 of the Health and Safety Code. Before seeking to enjoin an equipment manufacturer, the Executive Off icer will consider any information provided by the equipment manufacturer. In additio n, the equipment manufacturer may be subject to, on a per engine basis, any and all r emedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq.

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150, 43151, 43152, 43153,

- 43154, 43205.5, and 43210, 43210.5, 43211 and

- 43212, Health and Safety Code.