CERTIFICATION OF MAILING SECOND 15-DAY NOTICE OF PUBLIC AVAILABILITY OF MODIFIED TEXT AND AVAILABILITY OF ADDITIONAL DOCUMENTS AND INFORMATION (Section44 ofTitle 1 ofthe California Code of Regulations and Government Code Section 11347.1)

On May 14. 2009 the Air Resources Board mailed the attached modified text and the 15-Day Noticeto those persons specified in section 44, Title 1, CCR and Government Code section 11347.1. The 15-day public availability period was from May 14, 2009 through May 30, 2009. In addition, the notice and modified text and additional documents and information were available to the publicfrom Mav 14, 2009 through May 30, 2009, atthe Air Resources Board Public Information Office, Environmental Services Center, 1001 "I" Street, First Floor, Sacramento, California.

Date: May 30, 2009

Attachment Trini Balcazar, Regulations Coordinator Board Administration & Regulator Coordination UnitState ofCalifornia AIR RESOURCES BOARD Second Notice of Public Availability of Modified Text PUBLIC HEARING TO CONSIDERAMENDMENTSTO THE CURRENT SPARK-IGNITION MARINE ENGINE AND BOAT REGULATIONS Public Hearing Date: July24, 2008 First Public Availability Date: March 25, 2009 Second PublicAvailability Date: May 14, 2009

Deadline for Public Comment: May 30, 2009
At its July 24, 2008, public hearing, the Air Resources Board (ARB orthe Board) approvedthe amendmentto the California Code of Regulations, title 13, sections 2111, 2112, and Appendix A, within Chapter 2, Article 2.1; section 2139 within Chapter 2, Article 2.3, California Code of Regulations; title13, section 2147 within Chapter2, Article 2.4, California Code of Regulations; title13, and sections 2440, 2441, 2442, 2443.1, 2443.2, 2443.3, 2444.1, 2444.2, and 2445, and the repeal of California Code of Regulations, title 13, section 2448, within Chapter 9, Article 4.7. The Board further approved amendments to the following documents incorporated by reference in California Code of Regulations: title 13, section 2447, "California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines," as last amended September22, 2006, and in section 2474, title13, California Code of Regulations: "Procedures for Exemption ofAdd-On and Modified Parts for Off-Road Categories," as adopted July 14, 2000. The Board's approval provides reliefto the'small volume manufacturers of high performance sterndrive and inboard engines (those with rated powergreaterthan 373 kilowatts) by allowing them to certify engines to less stringent exhaust standards than would have otherwise been required underthe existing regulation (i.e., 5.0 grams per kilowatt-hour combined hydrocarbons and oxides of nitrogen (g/kW-hr HC+NOx)). However, to preserve the emission benefitsofthe existing regulation, high performance engines must not exceed 16.0 g/kW-hr HC+NOx and may only be installed in boats with enhanced evaporative control capability that includes activated carbon canisters. Large

.volume manufacturers of high performance engines mustcontinue to complywith the catalyst-based 5.0 g/kW-hr HC+NOx.exhaust standard and must also ensure thattheir engines are installed in boats with enhanced evaporative control capability. The Board approved additional provisions allowing manufacturers greaterflexibility in complying with these requirements. Additionally, the Board's approval requires manufacturers to limit emissions ofcarbon monoxide from all categories ofspark-ignition marine engines and provides greateralignmentwith federal requirements for marine engines and boats recently adopted by the United States Environmental Protection Agency (U.S. EPA). ' I ' 

### '

. iAtthe hearing; the staff presented, and the Board approved modifications to the regulations originally proposed in the Staff Report released on June 6, 2008. In response to the comments received afterthe Staff Report was published and atthe
. Board hearing on ·July 24, 2008, modified textwas made publicly available for a 15-day comment period on March 25, 2009. The modified text described in this document responds to comments received during the 15-day comment period that ended April 9, 2009. The following explains and identifies the additional modifications by section number: Summarv of Proposed Modifications TITLE 13, CALIFORNIA CODE OF REGULATIONS 

### § 2441 - Definitions The (a)(40) definition of"Maximum Engine Power" was revised to state thatthe power value for marine engines less than or eqUal to 30 kilowatts must be rounded to the nearest one tenth ofa kilowatt (i.e., 0.1 kW), butthat the powervalue for all other marine engines must remain rounded to the nearestwhole kilowatt. This change will harmonizethecriteria fordetermining marine power categories with that of U.S. EPA. The practical implication ofthis change in California should be relatively insignificant since California, unlike U.S. EPA, does not employthe use ofa credit program for complying with the standards. Nevertheless, staff is making this change to ensure a common power classification for all marine enginesnationwide and to facilitate the certification efforts of manufacturersthat produce engines in this range. 

### § 2442 - Emission Standards Paragraph (c) was revised to include new subparagraph (3) exempting engine families that had previously been certified using carry-over emission data from the 2009 model yearfrom the Not-To-Exceed (NTE) certification requirements unti12013. This compliance provision was unintentionally omitted from staff's previous recommendation to modifythe original proposal, b.ut is necessaryto ensure alignmentwith the NTE requirements promulgated by U.S. EPAon October 8, 2008, in 40 Code of Federal Regulations 1045.145(g) as was always intended and as shown in the originally noticed proposal. Furthermore, subparagraph (4) has been appended to paragraph (c) to clarify thatthe NTE requirements do not apply to high performance sterndrive/inboard engines. The existing language accomplishesthis through the omission ofTable 2.1 (b) when defining the scope ofapplicability as specific to engines subjectto the standards in Tables 1.1, 1.2, and 2.1 (a) only. For consistencywith those tables, staff proposes this change to state explicitlythe exclusion of high performance engines.

2TEST PROCEDURES INCORPORATED BY REFERENCE The same proposed modifications to the regulations as described above are also proposed forthe corresponding test procedure provisions, and their descriptions are not repeated in this section. Part

### I- Emission Regulations for 2001 and Later New Spark-Ignition Marine Engines, General Provisions.

·. 20. Test Procedures, General Requirements. Paragraph (c) was appended with graphical illustrations ofthe applicable NTE zones and subzones corresponding tothe text-only reference oftest procedures from the Code of Federal Regulations. The incorporation ofthese graphs is to facilitate the identification of required test parametersfor those without ready access to the Code of Federal Regulations. Additionally, a sentence was added to paragraph (c) to temporarily allow supercharged four-stroke outboard engines greaterthan 150 kW without catalysts to complywith the NTE requirements using adjusted NTEsubzones unti12015. This compliance provision was unintentionally omitted from staff's previous ·recommendation to modifythe original proposal, but is necessaryto ensure alignment with the NTE requirements promulgated by U.S. EPA on October 8, 2008, in 40 Code of Federal Regulations 1045.1450) as was always intended and as shown in the originally noticed proposal. Staff has made several other non-substantive modifications throughout the regulations and test procedures to correct grammatical and typographical errors, correct references and citations, and improvethe clarity ofthe regulations and test procedures, The regulatory·documents for this rulemaking are available online atthe following ARB website: http://www.arb.ca.qovlreqact/2008/marine08/marine08.htm In accordance with the Government Code, section 11346.8,the Board directed the Executive Officerto adopt amended sections 2441 and 2442, 13 California Code of Regulations, and amended sections 9, and 20 of Part I ofthe "California Exhaust Emission Standards and Test- Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines," with such other conforming modifications as may be appropriate, after making the modified regulatory language available to the public for commentfor a period ofat leastfifteen days. The Board further provided thatthe Executive Officer shall consider such written comments as may be submitted during this period, shall make such modifications as may be appropriate in light ofthe comments received, and. shall presentthe regulations to the Board forfurther consideration ifwarranted.

3Written comments will only be accepted on the second set of proposed modifications as noted and as approved bythe Board and may be submitted by postal mail, electronic mail, or facsimile as follows: Postal mail: Clerk ofthe Board, Air Resources Board 1001 I Street, Sacramento, California 95814 Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php Facsimile submittal: (916) 322-3928. Please notethat underthe California Public Records Act (Gov. Code§ 6250 etseq.), yourwritten and oral comments, attachments, and associated contact information (e.g., your address, phone, email, etc.) become part ofthe public record and can be released to the public upon request. Additionally, this information may become available via Google, Yahoo, and any other search engines. In order to be considered bythe Executive Officer, comments must be dirt;lcted to ARB in one ofthe three forms described above and received by ARBby5:00p.m., on the deadline datefor public comment listed atthe beginning ofthis notice. Only comments relating to the above-described modifications to the text ofthe regulations shall be considered by the Executive Officer. For individualswith sensory disabilities, this document and other related material can be made available in Braille, large print, audiocassette, or computer disk. For assistance, please contactthe Clerk ofthe Board at (916) 322-5594 or by Facsimile at (916) 322-3928 as soon as possible. Appendices (2): 1.2 - Staff's Supplemental Modificationsto the Proposed Regulation Order 11.2- Supplemental Test Procedure Modifications

The energychallenge facing California is real. Every Californian needs to take immediate action to reduce energy consumption. Fora listofsimple waysyou can reduce demandandcutyourenergycosts see ourwebsite at www.arb.ca.aov. ·

4

# APPENDIX 1.2

STAFF'S SUPPLEMENTAL MODIFICATIONS TO.THE PROPOSED REGULATION ORDER Title 13 California Code of Regulations

'



### - 1 -NOTE: Staff's Supplemental Modificationsto theProposed Regulation Order CALIFORNIA REGULATIONS FOR NEW 2009 AND LATER SPARK-IGNITION MARINE ENGINES AND BOATS
This appendix shows staff's proposed supplemental regulatory modifications to portions ofthe amendments adopted bytheAir Resources Board on July 24, 2008, in accordance with Resolution 08-36. Only the sections that have changed since the release ofthe first "15-day" notice of modified text on March 25, '2009, are shown. Existing text and text originally proposed for adoption during the comment periodafterthe release ofthe Staff Report on June 6, 2008, are shownwithout underline as permitted in title 1, California Code of Regulations, section 8. Text from the first "15-day" notice of modified text on March 25, 2009, is shown in underline to indicate additions and strikeoutto indicate deletions. The additional proposed modifications made available bythis second "15-day" notice are shown in double underline to indicate additions and

**El€l~o~ele**

**stril<e€l~o~t**to indicate deletions. Onlythese double underlined and

**El€l~o~ele** stril<€l€ll.ltmodifications are subjectto comment during thiscomment period. 

### "*****" are provided for reference to indicate portions ofthe existing regulations and approved amendments or previously proposed modificationsthereto that remain unchangedc Amend sections 2441 and 2442, title 13 California

**Cod~** of Regulations, to read as follows: ·

-2-Staff's Supplemental Modifications to the Proposed Regulation Order Chapter9. Off-Road Vehicles and Engines Pollution Control Devices Article 4.7. Spark-Ignition Marine Engines 

### § 2441. Definitions. (a) 

### *****

**(~0)** "Maximum Engine Power" meansthe maximum brake. power point on the nominal power curve forthe engine configuration. The nominal power curve of an engine configuration is the relationship between maximum available engine brake powerand engine speed for an engine, using the mapping procedures of 40 CFR part 1065, based on the manufacturer's design and production specificationsforthe engine. This information may also be expressed by a torque curve that relates maximum available enginetorque with engine speed. The nominal power curve must bewithin the range ofthe actual powercurves of· production engines considering normal production variability. The powervalue should be rounded tothe nearestwhole kilowattfor engines areaterthan 30 kW and tothe nearest 0.1 kWforengines less than orequal to 30 kW. Exceptas indicated below in paragraphs (A) and (B) ofthis definition, the maximum engine powerfor an enginefamily is theweighted average value of maximum engine · powerfor each engine configuration within the enginefamily based on thetotal California production volume ofengines produced from the enginefamily. Alternately: 

### *****

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, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.



### - 3 - 

## ... I

'·Staff's Supplemental Modificationsto the Proposed Regulation Order 

### § 2442. (a) Emission Standards.


### ***** (c) Not-to-Exceed (NTE) Limits 

### ***** 

### 13) NTE limits do not apply in the 

### 2010through 

### 2012 model years to engine families that are certified based on carrvover emission data from the 

### 2009 model year. This may include models thatwere certified to federalrequirements only. so long as no new testing is otherwise required perthe provisions for certification and the issuance ofan Executive Order contained in this article orthe test procedures incorporated by reference in§ 

### 2447: 14\ NTE limits do not applyto high performance engines. 

### *****

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, 43150-43154, 43205.5 and 

### 43210-43212, Health and Safety Code.

# ' APPENDIX 11.2

SUPPLEMENTALTEST PROCEDURE MODIFICATIONSState of California

. AIR RESOURCES BOARD

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES FOR 2001 MODELYEARAND LATER SPARK-IGNITION MARINE ENGINES

Adopted: October 21, 1999

Amended: July 21,2002. Amended: September22, 2006 Amended: <insert date>

Note: This appendix shows staff's proposed supplemental test procedure modificationsto portions ofthe amendments adopted by the Air Resources Board on July 24, 2008, in accordance with Resolution 08-36. Onlythe sections that have changed since the release ofthe first "15-day" notice ofmodified text on March 25, 2009, are shown. Existing text and text originally proposed for adoption during the comment period afterthe release ofthe Staff Report on

**Jun~?** 6, 2008, are shown without underline as permitted in title 1, California Code of Regulations, section 8. Textfrom thefirst "15-day" notice of modified text on March 25, 2009, is shown in underlineto indicate additions and strikeoutto indicate deletions. The additional proposed modifications made available by this second "15-day" notice are shown in double underlineto indicate additions and

**ele~o~lole strikee~o~t** to indicate deletions. Onlythese double underlined and

**ele~o~lole**

**stril(ee~o~t** modifications are subjectto comment during this comment period. "*****" are provided for reference to indicate portions ofthe existing test procedures and approved amendments or previously proposed modifications thereto that remain unchanged.CALIFORNIA EXHAUST EMISSION STANDARDSAND TEST PROCEDURES FOR 2001 MODELYEARAND LATER SPARK-IGNITION MARINE ENGINES 

### Part I. Emission Regulations for 

### 2001 and Later New Spark-Ignition Marine Engines, General Provisions. 1. General Applicability. (a) ***** 

### 9. Exhaust Emission Standardsfor

### 2001and LaterSpark-Ignition Marine Engines (a) ***** (c) Not-to-Exceed (NTE) Limits 

### * * * * * (3) NTE limits do not apply in the 2010 through 2012 model years to enginefamilies that are certified based on carryoveremission data from the 2009 model year. This may include models thatwere certified to federal requirements only. so long as no newtesting is otherwise required perthe provisions for certification and the issuance ofan Executive Ordercontained in title 13. CCR. chapter 9. article 4.7 orthesetest procedures: (4) NTE limits do not applyto high performance engines. 

### * * * * * 20. Test Procedures, General Requirements. (a) 

### ***** (c) In addition tothetest procedures in Part IVofthis document. or alternatelythose contained in Title 40, Code of Federal Regulations. Subpart F, Section 1045.501,

·manufacturers ofSl sterndrive/inboard marine engineswith maximum power less than

or equal to 373 kilowatts shall usethe procedures contained in Title 40, Code of Federal Regulations, Subpart F. Section 1045.515fordetermining compliance with NTE limits required in Title 13. California Code of Regulations. Section 2442(c) (synonymously referred to as "NTE standards" in the Code of Federal Regulations). Section 1045.515 and all nested references are incorporated by reference herein. Priorto the 2015 model year. compliance with the NTE requirements forsupercharged four-stroke outboard


### 1engines above 150 kWthat are not equipped with catalysts may optionally be determined by dividing theNTEzone specified inTitle 40. Code of Federal Regulations. Subpart F. Section 1045.515(c)(6) based on a speed cutpoint of70 percent ofmaximum testspeed instead of50 percent ofmaximumtest speed. Figure 20-1 NTE Zone and Subzones for Catalyst-Equipped Engines

**120%,-------------------------------------~------~--~--~_,** TorqueMAP 

# I• E4 Modes

# I

""' 25.3%Torque
. Speed"1.5 (theoretical. propellercurve) **0%~~------.-----~~----~--~--~--~~----~--~------~** 0% 20% 40% 60% 80% 100% 120% Normalized Speed



### 2Figure 20-2 NTE Zone and Subzones forTwo-Stroke Engineswithout Catalysts

**120%1-------------------------------------------~--------------,** Torque

**MAP~**

l
.. 

# I• E4Modes

# I

SpeedA1.5 - 0.08

, SpeedA1.5 (theoretical propellercurve)

**0%~~------.---~~~----~--------~~----~--~--,--------~** 0% 20% 40% 60% 80% 100%' 120% Normalized Speed



### 3G) ::I 0"" 

# ... 0 1- ""C G) .!::.! 

## ca 

## § 0 

## z Figure 20-3 NTE Zone and Subzonesfor Four-Stroke Engines without Catalysts

120% Torque MAP 100% 

# I• E4 Modes

# I

80% 100%Speed 1.5x Speed- 0.1
60% Subzone 2 SpeedA1.5- 0.08 40% 40%Speed 50% Speed 25.3% Torque SpeedA1.5 (theoretical propeller curve)

**0%~~------.-------~.---~~--~--~~~~----~---.----~--~** 0% 20% 40% 60% 80% 100% 120% Normalized Speed 

### *****

4