CERTIFICATION OF MAILING 

SECOND 15-DAY NOTICE OF PUBLIC AVAILABILITY 

OF MODIFIED TEXT AND AVAILABILITY OF 

ADDITIONAL DOCUMENTS AND INFORMATION 

(Section 44 of Title 1 of the 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 Notice to 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 public from Mav 14, 2009 

through May 30, 2009, at the 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 Unit 
State of California 

AIR RESOURCES BOARD 

Second Notice of Public Availability of Modified Text 

PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CURRENT 

SPARK-IGNITION MARINE ENGINE AND BOAT REGULATIONS 

Public Hearing Date: July24, 2008 

First Public Availability Date: March 25, 2009 

Second Public Availability Date: May 14, 2009 

Deadline for Public Comment: May 30, 2009 

At its July 24, 2008, public hearing, the Air Resources Board (ARB or the Board) 

approved the amendment to 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 244 7, "California Exhaust Emission 

Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine 

Engines," as last amended September 22, 2006, and in section 2474, title13, California 

Code of Regulations: "Procedures for Exemption of Add-On and Modified Parts for 

Off-Road Categories," as adopted July 14, 2000. 

The Board's approval provides relief to the'small volume manufacturers of high 

performance sterndrive and inboard engines (those with rated power greater than 373 

kilowatts) by allowing them to certify engines to less stringent exhaust standards than 

would have otherwise been required under the 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 benefits of the 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 must continue to comply with the 

catalyst-based 5.0 g/kW-hr HC+NOx.exhaust standard and must also ensure that their 

engines are installed in boats with enhanced evaporative control capability. The Board 

approved additional provisions allowing manufacturers greater flexibility in complying 

with these requirements. Additionally, the Board's approval requires manufacturers to 

limit emissions of carbon monoxide from all categories of spark-ignition marine engines 

and provides greater alignment with federal requirements for marine engines and boats 

recently adopted by the United States Environmental Protection Agency (U.S. EPA). 

' 

I 

' ' 

. i 
At the 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 after the Staff Report was published and at the . 

Board hearing on ·July 24, 2008, modified text was 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 that the power 

value for marine engines less than or eqUal to 30 kilowatts must be rounded to the 

nearest one tenth of a kilowatt (i.e., 0.1 kW), but that the power value for all other 

marine engines must remain rounded to the nearest whole kilowatt. This change will 

harmonize the criteria for determining marine power categories with that of U.S. EPA. 

The practical implication of this change in California should be relatively insignificant 

since California, unlike U.S. EPA, does not employ the use of a credit program for 

complying with the standards. Nevertheless, staff is making this change to ensure a 

common power classification for all marine engines nationwide and to facilitate the 

certification efforts of manufacturers that 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 

year from the Not-To-Exceed (NTE) certification requirements unti12013. This 

compliance provision was unintentionally omitted from staff's previous recommendation 

to modify the original proposal, b.ut is necessary to ensure alignment with the NTE 

requirements promulgated by U.S. EPA on October 8, 2008, in 40 Code of Federal 

Regulations 1 045.145(g) as was always intended and as shown in the originally noticed 

proposal. 

Furthermore, subparagraph (4) has been appended to paragraph (c) to clarify that the 

NTE requirements do not apply to high performance sterndrive/inboard engines. The 

existing language accomplishes this through the omission of Table 2.1 (b) when defining 

the scope of applicability as specific to engines subject to the standards in Tables 1.1, 

1.2, and 2.1 (a) only. For consistency with those tables, staff proposes this change to 

state explicitly the exclusion of high performance engines. 

2 
TEST PROCEDURES INCORPORATED BY REFERENCE 

The same proposed modifications to the regulations as described above are also 

proposed for the 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 of the applicable NTE zones 

and subzones corresponding to the text-only reference of test procedures from the 

Code of Federal Regulations. The incorporation of these graphs is to facilitate the 

identification of required test parameters for 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 greater than 150 kW 

without catalysts to comply with the NTE requirements using adjusted NTE subzones 

unti12015. This compliance provision was unintentionally omitted from staff's previous 

·recommendation to modify the original proposal, but is necessary to ensure alignment 

with the NTE requirements promulgated by U.S. EPA on October 8, 2008, in 40 Code 

of Federal Regulations 1 045.1450) 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 improve the clarity of the regulations and test procedures, 

The regulatory·documents for this rulemaking are available online at the 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 Officer to adopt amended sections 2441 and 2442, 13 California Code of 

Regulations, and amended sections 9, and 20 of Part I of the "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 comment for a 

period of at least fifteen days. The Board further provided that the Executive Officer 

shall consider such written comments as may be submitted during this period, shall 

make such modifications as may be appropriate in light of the comments received, and. 

shall present the regulations to the Board for further consideration if warranted. 

3 
Written comments will only be accepted on the second set of proposed modifications as 

noted and as approved by the Board and may be submitted by postal mail, electronic 

mail, or facsimile as follows: 

Postal mail: Clerk of the 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 note that under the California Public Records Act (Gov. Code§ 6250 et seq.), 

your written and oral comments, attachments, and associated contact information (e.g., 

your address, phone, email, etc.) become part of the 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 by the Executive Officer, comments must be dirt;lcted to ARB 

in one of the three forms described above and received by ARB by 5:00p.m., on the 

deadline date for public comment listed at the beginning of this notice. Only comments 

relating to the above-described modifications to the text of the regulations shall be 

considered by the Executive Officer. 

For individuals with sensory disabilities, this document and other related material can be 

made available in Braille, large print, audiocassette, or computer disk. For assistance, 

please contact the Clerk of the Board at (916) 322-5594 or by Facsimile at (916) 322-3928 

as soon as possible. 

Appendices (2): 

1.2 - Staff's Supplemental Modifications to the Proposed Regulation Order 

11.2- Supplemental Test Procedure Modifications 

The energy challenge facing California is real. Every Californian needs to take immediate action to reduce energy 

consumption. For a list of simple ways you can reduce demand and cut your energy costs see our website 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 Modifications to the Proposed 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 of the amendments adopted by the Air 

Resources Board on July 24, 2008, in accordance with Resolution 08-36. 

Only the sections that have changed since the release of the first "15-day" 

notice of modified text on March 25, '2009, are shown. Existing text and 

text originally proposed for adoption during the comment period after the 

release of the Staff Report on June 6, 2008, are shown without 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 strikeout to indicate deletions. The 

additional proposed modifications made available by this 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. Only these double underlined and El€l~o~ele 

stril<€l€ll.lt modifications are subject to comment during this comment 

period. "*****" are provided for reference to indicate portions of the 

existing regulations and approved amendments or previously proposed 

modifications thereto 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 

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

Article 4.7. Spark-Ignition Marine Engines 

§ 2441. Definitions. 

(a) 

***** 

(~0) "Maximum Engine Power" means the maximum brake. power point on the 

nominal power curve for the engine configuration. The nominal power curve of 

an engine configuration is the relationship between maximum available engine 

brake power and engine speed for an engine, using the mapping procedures of 

40 CFR part 1065, based on the manufacturer's design and production 

specifications for the engine. This information may also be expressed by a 

torque curve that relates maximum available engine torque with engine speed. 

The nominal power curve must be within the range of the actual power curves of· 

production engines considering normal production variability. The power value 

should be rounded to the nearest whole kilowatt for engines areater than 30 kW 

and to the nearest 0.1 kW for engines less than or equal to 30 kW. Except as 

indicated below in paragraphs (A) and (B) of this definition, the maximum engine 

power for an engine family is the weighted average value of maximum engine · 

power for each engine configuration within the engine family based on the total 

California production volume of engines produced from the engine family. 

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 4321 0-43212, Health and Safety Code. 

- 3 -

. . . 
·Staff's Supplemental Modifications to the Proposed Regulation Order 

§ 2442. 

(a) 

Emission Standards. 

***** 

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

***** 

13) NTE limits do not apply in the 2010 through 2012 model years to 

engine families that are certified based on carrvover emission data 

from the 2009 model year. This may include models that were 

certified to federal requirements only. so long as no new testing is 

otherwise required per the provisions for certification and the 

issuance of an Executive Order contained in this article or the test 

procedures incorporated by reference in§ 2447: 

14\ NTE limits do not apply to 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 

SUPPLEMENTAL TEST PROCEDURE MODIFICATIONS 
State of California 

. AIR RESOURCES BOARD 

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES 

FOR 2001 MODEL YEAR AND LATER 

SPARK-IGNITION MARINE ENGINES 

Adopted: October 21, 1999 

Amended: July 21,2002. 

Amended: September 22, 2006 

Amended: <insert date> 

Note: This appendix shows staff's proposed supplemental test procedure 

modifications to portions of the amendments adopted by the Air Resources 

Board on July 24, 2008, in accordance with Resolution 08-36. Only the sections 

that have changed since the release of the first "15-day" notice of modified text 

on March 25, 2009, are shown. Existing text and text originally proposed for 

adoption during the comment period after the release of the Staff Report on Jun~? 

6, 2008, are shown without 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 strikeout to 

indicate deletions. The additional proposed modifications made available by this 

second "15-day" notice are shown in double underline to indicate additions and 

ele~o~lole strikee~o~t to indicate deletions. Only these double underlined and ele~o~lole 

stril(ee~o~t modifications are subject to comment during this comment period. 

"*****" are provided for reference to indicate portions of the existing test 

procedures and approved amendments or previously proposed modifications 

thereto that remain unchanged. 
CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES 

FOR 2001 MODEL YEAR AND 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 Standards for 2001 and Later Spark-Ignition Marine 

Engines 

(a) 

***** 

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

* * * * * 

(3) NTE limits do not apply in the 2010 through 2012 model years to 

engine families that are certified based on carryover emission data 

from the 2009 model year. This may include models that were 

certified to federal requirements only. so long as no new testing is 

otherwise required per the provisions for certification and the 

issuance of an Executive Order contained in title 13. CCR. 

chapter 9. article 4.7 or these test procedures: 

(4) NTE limits do not apply to high performance engines. 

* * * * * 

20. Test Procedures, General Requirements. 

(a) 

***** 

(c) In addition to the test procedures in Part IV of this document. or alternately those 

contained in Title 40, Code of Federal Regulations. Subpart F, Section 1045.501, 

· manufacturers of Sl sterndrive/inboard marine engines with maximum power less than 

or equal to 373 kilowatts shall use the procedures contained in Title 40, Code of Federal 

Regulations, Subpart F. Section 1045.515 for determining 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. Prior to the 2015 model 

year. compliance with the NTE requirements for supercharged four-stroke outboard 

1 
engines above 150 kW that are not equipped with catalysts may optionally be 

determined by dividing the NTE zone specified in Title 40. Code of Federal Regulations. 

Subpart F. Section 1 045.515(c)(6) based on a speed cutpoint of 70 percent of maximum 

test speed instead of 50 percent of maximum test speed. 

Figure 20-1 NTE Zone and Subzones for Catalyst-Equipped Engines 

120%,-------------------------------------~------~--~--~_, 

Torque MAP 

I• E4 Modes I 

""' 25.3% Torque . 

Speed"1.5 (theoretical. propeller curve) 

0%~~------.-----~~----~--~--~--~~----~--~------~ 

0% 20% 40% 60% 80% 100% 120% 

Normalized Speed 

2 
Figure 20-2 NTE Zone and Subzones for Two-Stroke Engines without Catalysts 

120%1-------------------------------------------~--------------, 

Torque MAP~ 

l .. 

I• E4Modes I 

SpeedA1.5 - 0.08 

, SpeedA1.5 (theoretical propeller curve) 0%~~------.---~~~----~--------~~----~--~--,--------~ 

0% 20% 40% 60% 80% 100%' 120% 

Normalized Speed 

3 
G) 

::I 

0"" 

... 

0 

1-

""C 

G) 

.!::.! 

ca 

§ 

0 

z 

Figure 20-3 NTE Zone and Subzones for Four-Stroke Engines without Catalysts 

120% 

Torque MAP 

100% 

I• E4 Modes I 

80% 

100%Speed 

1.5 x 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