### State of California

AIR RESOURCES BOARD



## STAFF REPORT: INITIAL STATEMENT OF REASONS FOR

RULEMAKING

PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CURREN T

SPARK-IGNITION MARINE ENGINE AND BOAT REGULATIONS

Date of Release: June 6, 2008

Scheduled for Consideration: July 24, 2008

This report has been reviewed by the staff of the C alifornia Air Resources Board and approved for publication. Approval does not signif y that the contents necessarily reflect the views and policies of the Air Resources Board, nor does mention of trade names or commercial products constitute endorsement or recom mendation for use.

### i TABLE OF CONTENTS

EXECUTIVE SUMMARY ..................................

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

1. INTRODUCTION.......................................

................................................... ................................................... .3

2. BACKGROUND .........................................

................................................... ................................................... .3

2.1. H ISTORY

................................................... ................................................... ................................................3

2.2. A UTHORITY

................................................... ................................................... ...........................................5

2.3. E XISTING R EGULATIONS

................................................... ................................................... .......................5

2.3.1. California’s Spark-Ignition Marine Regulations.....

................................................... ...........................5

2.3.2. Federal Regulations................................

................................................... ............................................8

2.4. E MISSIONS I NVENTORY

................................................... ................................................... .........................8

2.5. P UBLIC P ROCESS

................................................... ................................................... .................................10

3. SUMMARY OF PROPOSED REGULATIONS....................

................................................... ....................10

3.1. D EFINITIONS

................................................... ................................................... ........................................10

3.2. E MISSION S TANDARDS

................................................... ................................................... ........................11

3.2.1. Total Hydrocarbon plus Oxides of Nitrogen (HC+NOx) Standards .......................................... .........11

3.2.2. Carbon Monoxide Standards ..........................

................................................... ..................................11

3.2.3. High Performance (> 373 kW) SD/I Engine Standards..

................................................... ..................13

3.2.4. Optional Test Cycle for High Performance Engines ...

................................................... .....................15

3.2.5. Not-To-Exceed Limits ...............................

................................................... ........................................15

3.2.6. Voluntary Standards ................................

................................................... .........................................16

3.3. C ERTIFICATION R EQUIREMENTS FOR H IGH P ERFORMANCE E NGINES

................................................... .....17

3.3.1. Portable Measurement Systems .......................

................................................... .................................17

3.3.2. Assigned Deterioration Factors.....................

................................................... ...................................17

3.4. C OMPLIANCE A SSISTANCE P ROVISIONS

................................................... .................................................18

3.4.1. Engine Discontinuation Allowance for SD/I Engines..

................................................... .....................18

3.4.2. Hardship Compliance Assistance for All Spark-Igniti on Marine Engines .................................. ........19

3.5. O N -B OARD D IAGNOSTICS -M ARINE (OBD-M) ............................................ ..............................................19

3.6. R EPLACEMENT E NGINE P ROVISIONS

................................................... ................................................... ...20

3.7. S TANDARDIZED E NGINE R EBUILDING P RACTICES

................................................... ..................................20

3.8. H ANG T AG D URABILITY R EQUIREMENTS

................................................... ...............................................20

3.9. E XECUTIVE O FFICER D ISCRETION FOR T ECHNICAL C HANGES

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

3.10. A FTERMARKET E XEMPTION P ROCEDURES C LARIFICATION

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

4. DISCUSSION .........................................

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

4.1. H IGH P ERFORMANCE E NGINES

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

4.2. T ECHNOLOGICAL F EASIBILITY

................................................... ................................................... ............23

4.3. “S TERNDRIVE /I NBOARD E NGINE ” AND “J ET B OAT ” D EFINITIONS

................................................... ..........24

4.4. “N EW E NGINE ” D EFINITION

................................................... ................................................... ................25

4.5. S AFETY C ONCERNS

................................................... ................................................... .............................25

5. ENVIRONMENTAL IMPACTS AND COST-EFFECTIVENESS.......

................................................... ...25

5.2. P ROJECTED ROG+NO X E MISSION B ENEFITS

................................................... .........................................26

5.3. C ARBON M ONOXIDE (CO) ...............................................

................................................... ......................27

5.3.1. Benefits of the Proposal...........................

................................................... .........................................27

5.3.2. Reasonably Foreseeable Feasible Mitigation Measures

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

5.3.3. Reasonably Foreseeable Alternative Means of Complia nce................................................ ................28

5.4. S TATE I MPLEMENTATION P LAN (SIP) ..............................................

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

5.5. E NVIRONMENTAL J USTICE

................................................... ................................................... ..................29

5.6. C OST -E FFECTIVENESS

................................................... ................................................... .........................29

6. ECONOMIC IMPACTS ...................................

................................................... ...........................................30

6.1. L EGAL R EQUIREMENT

................................................... ................................................... .........................30

6.2. A FFECTED B USINESSES

................................................... ................................................... .......................31

### ii

6.2.1. Estimated Costs to Engine Manufacturers............

................................................... ............................31

6.2.2. Potential Impacts on Business ......................

................................................... ....................................31

6.2.3. Potential Impact on Business Competitiveness.......

................................................... ..........................31

6.2.4. Potential Impact on Employment.....................

................................................... .................................32

6.2.5. Potential Impact on Business Creation, Elimination or Expansion....................................... ..............32

6.2.6. Potential Impact on Small Businesses ...............

................................................... ...............................32

6.3. P OTENTIAL C OSTS TO L OCAL AND S TATE A GENCIES

................................................... .............................32

7. REGULATORY ALTERNATIVES............................

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

7.1. P RESERVE E XISTING H IGH P ERFORMANCE E NGINE R EQUIREMENTS

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

7.2. W AIT FOR THE A DOPTION OF F EDERAL R EGULATIONS

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

7.3. E XEMPT S MALL V OLUME H IGH P ERFORMANCE E NGINE M ANUFACTURERS .............................................34

7.4. R EQUIRE A LL H IGH -P ERFORMANCE SD/I M ANUFACTURERS TO M AKE UP E MISSIONS S HORTFALL .........34

8. CONCLUSIONS AND RECOMMENDATIONS ....................

................................................... ..................35

9. REFERENCES.........................................

................................................... ................................................... ..36

APPENDIX A: SPECIFIC OUTREACH AND PUBLIC PROCESS REGARDING THE

DEVELOPMENT OF STAFF’S PROPOSAL TO AMEND THE SPARK- IGNITION MARINE

REGULATIONS... ......................................

................................................... ................................................... ..... A-1

APPENDIX B: LETTER FROM THE MANUFACTURERS OF EMISSION CONTROLS

ASSOCIATION REGARDING HIGH PERFORMANCE ENGINES.....

................................................... .......B-1

ATTACHMENT (A): PROPOSED AMENDMENTS TO THE CALIFORNIA REGULATIONS F OR NEW

2009 AND LATER SPARK-IGNITION MARINE ENGINES AND BO ATS .......AA- ERROR! BOOKMARK NOT

DEFINED.

ATTACHMENT (B): PROPOSED AMENDMENTS TO THE CALIFORNIA EXHAUST EMISS ION

STANDARDS AND TEST PROCEDURES FOR 2001 MODEL YEAR A ND LATER SPARK-IGNITION

MARINE ENGINES

....... .............................................. .......................AB- ERROR! BOOKMARK NOT DEFINED.

ATTACHMENT (C): PROPOSED AMENDMENTS TO THE PROCEDURES FOR EXEMPTION OF ADDON AND MODIFIED PARTS FOR OFF-ROAD CATEGORIES .......AC- ERROR! BOOKMARK NOT DEFINED.

### iii LIST OF TABLES

Table 2.1 - SD/I Exhaust Standards and Permeation Require ments .............................. 7

Table 2.2 - Baseline Spark-Ignition Marine Exhaust Emissi on Inventories Statewide Annual Averages....................................

................................................... ............... 8

Table 2.3 - Baseline Spark-Ignition Marine Exhaust Emissi on Inventories Statewide

Summer Weekend .....................................

................................................... ........... 9

Table 3.1 - Proposed CO Standards for OB/PWC & SD/I Engin es ............................... 13

Table 3.2 Proposed Exhaust Standards for SD/I engines .... ......................................... 14

Table 3.3 Proposed 2009 and Later Evaporative Control Des ign Specifications / Proposed U.S. EPA Standards ........................

................................................... ... 15

Table 3.4 – Five-Star Voluntary Standards ................

................................................... 16

Table 5.1 - Projected Emission Benefits for High Performa nce SD/I Engines............... 26

### 1

EXECUTIVE SUMMARY

The amendments proposed herein to the California em issions regulations and test procedures for new spark-ignition marine engines an d boats are intended to address issues that have developed since the Air Resources Board (Board or ARB) last considered the regulations (November 2005) and to e nhance alignment with other ARB and United States Environmental Protection Agency ( U.S. EPA) regulations.

Staff is foremost proposing that the Board modify t he existing requirements for high performance engines (sterndrive/inboard (SD/I) engi nes > 373 kilowatts) to address technical barriers to the use of catalytic converte rs on these engines by relaxing the exhaust standards in this category for small volume manufacturers. To offset the potential emissions increases, staff is proposing t o require the incorporation of enhanced evaporative technology (i.e., activated ca rbon canisters and low permeation tanks and hoses) on all vessels in which high perfo rmance engines are used beginning in 2009. Staff proposes to retain the existing exh aust emission standards for large volume manufacturers that produce both high perform ance and standard performance engines (SD/I engines ≤ 373 kilowatts). Such dual category manufacturers would be able to meet the standards through averaging. Opti onally, these manufacturers would be allowed to certify high performance engines to t he same exhaust and evaporative standards as proposed for small volume manufacturer s. They would then be required to ensure the installation of enhanced evaporative technology on a portion of the vessels in which their standard performance SD/I en gines are installed. In either case, all high performance engines beginning in 2009 woul d be accompanied with enhanced evaporative controls. These proposed changes would result in the same total combined hydrocarbon and oxides of nitrogen emissions as ret aining the existing standards.

Staff is also proposing to streamline the regulatio ns and harmonize with U.S. EPA to the

extent feasible.

Staff’s other proposed amendments are of two genera l types, those:

Harmonizing with U.S. EPA, including

• Total Hydrocarbon Standards (all spark-ignition ma rine categories)

• Not-To-Exceed Limits (all spark-ignition marine, e xcept SD/I > 373 kW)

• Revised Jet Boat Engine Standards

• Standardized Engine Rebuilding Practices (all spar k-ignition marine categories)

• Revised Definitions for Outboard, Personal Watercr aft, and SD/I Engines

Provisions Specific to and Retained for California, including

• Carbon Monoxide Standards (all spark-ignition mari ne categories)

• Revised High Performance Engine Certification Requ irements (SD/I >373 kW)

• Revised On-Board Diagnostics Marine (OBD-M) Requir ements (SD/I engines)

• Hardship Allowance Provisions (SD/I engines)

• Voluntary Five-Star Standards (all spark-ignition marine)

• Replacement Engine Provisions (all spark-ignition marine)

### 2

• Clarifications and Miscellaneous Requirements

A more in depth description of staff’s proposal is included in Chapter 3 of this report.

Staff recommends that the Board adopt this proposal

.

### 3

1. INTRODUCTION

This report describes the rationale and details of staff’s proposal to amend California’s existing regulations for new spark-ignition marine engines and boats. In chapter 8 of the Air Resources Board’s (Board or ARB) Initial St atement of Reasons (staff report) dated September 30, 2005, staff committed to return to the Board prior to the commencement of the 2009 model year regarding the c ertification of, and the incorporation of catalysts on, high performance ste rndrive and inboard (SD/I) engines (i.e., those with rated power greater than 373 kilo watts) for manufacturers without sufficient product volume to make use of existing f leet averaging provisions (ARB 2005a). For reasons detailed in chapter 4 of this report, several technical issues have surfaced that would make it problematic to properly engineer a three-way catalytic converter for effective use on high performance eng ines. Furthermore, chapter 8 of the 2005 staff report also describes staff’s intent to return to the Board prior to 2009 to adopt carbon monoxide (CO) standards and evaporativ e requirements, and to align as appropriate with the future requirements of the Uni ted States Environmental Protection Agency (U.S. EPA) pertaining to spark-ignition mari ne engines and boats. The changes proposed herein are meant to address these issues a nd to facilitate compliance with the California regulations.

2. BACKGROUND

This section provides information on the history of emissions control for spark-ignition marine engines, California’s authority to set stand ards for off-road mobile sources including spark-ignition marine engines and boats, the current emissions inventory for spark-ignition marine engines in California, the ex isting spark-ignition marine regulations, and the steps taken to make the public and stakeholders aware of staff’s proposal to amend California’s current regulations.

2.1. History

Only in recent years has government regulatory acti vity been undertaken to control exhaust emissions from spark-ignition marine engine s. The U.S. EPA first promulgated

exhaust emission standards to reduce emissions of h ydrocarbon (HC) and oxides of nitrogen (NOx) from new outboard and personal water craft (OB/PWC) engines in 1996 (U.S. EPA 1996). However, the benefits of the fede ral rulemaking were not sufficient to meet California’s air quality goals and State Imple mentation Plan (SIP) requirements. Therefore, in 1998 ARB adopted exhaust emission reg ulations for spark-ignition marine engines that accelerated the 2006 federal standards to begin in 2001 in California (ARB 1998a). The regulations also set more stringe nt standards for these engines to be implemented in 2004 and 2008. As of this curren t year 2008, personal watercraft and outboard engines in California will meet exhaus t emission standards that are numerically 65 percent less (i.e., more stringent) than existing federal exhaust emission standards. The Board also adopted a star rating sy stem for these engines depicting their relative cleanliness through a visible displa y of one, two, or three stars, with three representing the most stringent standards in Califo rnia at that time.

### 4

On July 26, 2001, the Board amended the spark-ignit ion marine regulations (Title 13, California Code of Regulations, section 2440 et seq .) to include new SD/I engines (ARB 2001). Although OB/PWC engines dominate the e missions inventory with respect to spark-ignition marine engines, ARB modeling show ed that SD/I engines also contributed significantly to ozone-forming emission s in California.

Accordingly, manufacturers of inboard and sterndriv e engines were required to demonstrate compliance with an NMHC 1 

### +NOx exhaust emissions standard of 16.0 grams per kilowatt-hour (g/kW-hr) beginning with th e 2003 model year. This standard is roughly equivalent to California’s most stringent e xhaust standard for OB/PWC engines, which, for those engines, was not required until 20 08.

The SD/I regulations at that time also required com pliance with a more stringent NMHC+NOx standard beginning in 2007 on a portion of engines. Since inboard and sterndrive marine engines are generally similar to automobile engines, for which a number of effective emission control technologies a lready exist, transference of automotive control technologies (catalysts specific ally) to the marine sector makes a more stringent standard feasible. In fact, the maj ority of SD/I engines with rated power less than 373 kW are almost exclusively General Mot ors truck engines that have been

marinized 2 

### for use on lakes and the ocean. Accordingly, the Board adopted a 5.0 g/kW-hr NMHC+NOx standard for these engines, wh ich was based on the demonstrated use of three-way catalytic converters and oxygen sensor feedback control. Engines complying with the 5.0 g/kW-hr NM HC+NOx standard were eligible for a new four-star rating on environmental labels and hang tags to visually depict the most stringent marine engine standards currently availab le at that time. Also required beginning in 2007 was the incorporation of on-board diagnostics for all engines required to comply with the 5.0 g/kW-hr NMHC+NOx standard.

On November 17, 2005, the Board amended the origina l SD/I regulations by providing engine manufacturers with an emissions neutral opti on to delay the introduction of engines meeting the catalyst-based second tier stan dards by one year in exchange for full product line compliance in 2008 and limited ev aporative permeation control. The Board adopted other provisions during this rulemaki ng such as revised durability periods and default certification levels for high p erformance engines. The Board also provided a temporary reprieve for high performance engine manufacturers by delaying the second tier standard (5.0 g/kW-hr NMHC+NOx) for these engines until 2009, and by allowing them to meet the standard through averagin g. Finally, the Board directed staff to investigate the incorporation of future CO stand ards for spark-ignition marine engines and the harmonization of requirements that were und er development by U.S. EPA.

1 The non-methane component of hydrocarbons.

2 Marinization is the process of modifying an existi ng automobile engine to operate reliably in a marin e environment. Some typical modifications include up grading the composition of exhaust components to be more resistive against rust and corrosion, incorpor ating a water jacket within the exhaust manifolds t o reduce temperatures, and providing better insulatio n for electrical contacts that might otherwise be exposed to corrosive sea water.

### 5

On May 18, 2007, U.S. EPA published its Notice of P roposed Rulemaking to harmonize federal exhaust standards for OB/PWC and SD/I engin es with those already in effect in California (U.S. EPA 2007). Additionally, U.S. EPA proposed the adoption of CO standards, evaporative control requirements, Not-To -Exceed (NTE) standards, and other minor changes. U.S. EPA is expected to promu lgate a final rulemaking in June

2008.

2.2. Authority

The Board’s regulatory authority to control air pol lution is set forth in Divisions 25.5 and 26 of the Health & Safety Code (H&SC), inc luding sections 39600 and 39601. Health & Safety Code §39903 identifies ARB (the act ual acronym used is CARB) as:

“... the state agency charged with coordinating effor ts to attain and maintain ambient air quality standards, to conduct research into the causes of and solutions to air pollution, and to sy stematically attack the serious problem caused by motor vehicles, which is the major source of air pollution in many areas of the state. ”



### Provisions in Division 26 of the H&SC authorize CAR B to control the emissions of criteria pollutants (and their precursors) from spe cific source categories.

In addition to more general grants of authority, th e California Clean Air Act, as codified in Health and Safety Code section 43013, directs th e ARB to regulate off-road mobile sources of emissions. Health and Safety Code secti on 43018 further mandates ARB “to achieve the maximum degree of emission reduction po ssible” from mobile sources of pollution in order to attain California’s ambient a ir quality standards. These off-road mobile sources include, but are not limited to, mar ine vessels, locomotives, utility engines, off-road motorcycles, and off-highway vehi cles. This regulation focuses on new spark-ignition (gasoline) marine engines, typic ally found in recreational boats such as ski boats or family fishing boats.

2.3. Existing Regulations

The existing California, federal, and international spark-ignition marine requirements are briefly discussed in this subsection.

2.3.1. California’s Spark-Ignition Marine Regulatio ns

The current spark-ignition marine regulations requi re that new engines comply with

NMHC+NOx exhaust standards and that certification a nd environmental labels be attached to engines and/or boats to provide prospec tive engine owners, current engine owners, and enforcement personnel with information about the relative cleanliness of the engine.

The OB/PWC section of the regulations requires thre e phases (or tiers) of progressively more stringent exhaust standards from 2001 through 2008 culminating in a final emissions level of approximately 16 g/kW-hr NMHC+NO x for a typical 75 kW OB/PWC

### 6

engine. The test procedures for OB/PWC engines ado pted by the Board were largely aligned with those already promulgated by U.S. EPA, but ARB’s regulations required more stringent long term emission standards for Cal ifornia engines.

Table 2.1 shows the current range of standards for SD/I engines. The first tier standard of 16.0 g/kW-hr NMHC+NOx was required for all new S D/I engines with rated power less than or equal to 373 kW (500 horsepower) begin ning in 2003. The second tier standard requires engines to meet a 5.0 g/kW-hr NMH C+NOx emissions level beginning on a portion of engines in 2007 and 2008, or option ally on all engines beginning in 2008 and thereafter, provided supplemental measures were taken to ensure equivalent emissions. Manufacturers choosing to wait until 20 08 before introducing 5.0 g/kW-hr NMHC+NOx engines must use 15 grams per meter square d per day low-permeation fuel line supply hoses in 2007 and thereafter. SD/ I engines with rated power greater than 373 kW do not have to comply with the emission standards until 2009.

The SD/I regulations also established durability pe riods for engines certified to the 5.0 g/kW-hr NMHC+NOx standard to ensure compliance with the standard throughout the engines’ useful lives.

### 7

Table 2.1 - SD/I Exhaust Standards and Permeation R equirements

EXHAUST STANDARD RATED

POWER DURABILITY 

### NMHC 2 

### +NOx MODEL

YEAR

[kilowatts] 

### COMPLIANCE

OPTION 1

[hours / years] [grams per kilowatt-hour] 

### TYPE 3 

### SUPPLEMENTAL

MEASURE 4



### 2003 - 2006 kW ≤ 373 N/A N/A 16.0 AVE None

N/A 16.0 (55%) AVE OPT 1 480 / 10 5.0 (45%) FIXED None

2007 kW ≤ 373

OPT 2 N/A 14.0 FIXED Low-Permeation

Fuel Line Hoses
N/A 16.0 (25%) AVE OPT 1 480 / 10 5.0 (75%) FIXED None

2008 kW ≤ 373

OPT 2 480 / 10 5.0 FIXED Low-Permeation

Fuel Line Hoses

kW ≤ 373 480 / 10 5.0 6 

### FIXED

373 < kW ≤ 485 150 5 

### / 3 5.0 6 

### AVE 2009 and later

kW > 485 N/A

50 5 

### / 1 5.0 6 

### AVE Carryover 7

Notes: 1. Once a manufacturer has chosen an option, that option must continue to be used exclusively across product lines 2. The non-methane component of hydrocarbon 3. Corporate averaging (AVE) may be used to demon strate compliance with the exhaust emission standar d, except where a FIXED standard is required 4. Supplemental measures may be different than sh own, but must provide equal and verifiable emission reductions to those indicated 5. For the purpose of durability testing, engine components that have been approved with an hourly w arranty period shorter than the full hourly durabil ity period per § 2445.1 (c)(3)(C)4. may be replaced at the specified warranty interval 6. All engines ≤ 373 kW must meet a 5.0 g/kW-hr NMHC+NOx capping st andard. For engines > 373 kW, the standard may be met by sales-averaging with engines equal to or less than 373 kW 7. The same or better supplemental emission contr ol hardware used to meet the standard in 2007 must be used every model year thereafter



### Additionally, the regulations require manufacturers to employ on-board diagnostics marine (OBD-M) on SD/I engines and boats complying with the 5.0 g/kW-hr NMHC+NOx standard to continuously monitor emission control components for proper performance and to alert the vessel operator via a dashboard light or audio alert device

after a malfunction has been identified. The OBD-M system makes consumers aware when a component or system fails anytime in-use, wh ich in turn provides incentive for the consumer to have the problem corrected in a tim ely manner especially should the malfunction occur during the warranty period. Furt hermore, OBD-M facilitates the repair of the malfunctioning component by providing a deta iled description of the problem to the service technician via a generic scan tool, and a confirmation that the repair has been performed correctly.

The spark-ignition marine regulations also provide selective enforcement auditing, in-use compliance testing, consumer labeling to ide ntify emissions performance relative to other spark-ignition marine engines, and a defec ts warranty program to protect

### 8

consumers against poor quality products and to ensu re that engines continue to perform as designed throughout their entire useful lives.

2.3.2. Federal Regulations

On May 18, 2007, U.S. EPA published a Notice of Pro posed Rulemaking (NPRM) in the Federal Register for nonroad spark-ignition engines and equipment that would generally

harmonize federal and California exhaust standards for OB/PWC and SD/I engines (U.S. EPA 2007). The NPRM also proposed the adopti on of CO standards and evaporative control requirements for OB/PWC and SD/ I engines and boats. Furthermore, the NPRM proposed to include the metha ne component of hydrocarbon in the federal certification standard for gasoline fue led engines and to incorporate compliance facilitation provisions for unforeseen t echnical and economic hardships that may befall engine or equipment manufacturers. Alth ough on-board diagnostics for SD/I engines were proposed in the NPRM, they were far le ss comprehensive and rigorous that the OBD-M requirements already in effect for C alifornia.

2.4. Emissions Inventory

Table 2.2 shows the statewide baseline inventories for the reactive organic gas (ROG) component of hydrocarbons, NOx, and CO from spark-i gnition marine engines in 2009, 2010, and 2020. These baseline estimates are annua l averages and include the effects of all currently adopted State and federally promul gated regulations, including the 5.0 g/kW-hr NMHC+NOx standard for high performance SD/I engines schedule to begin

in 2009. All emissions estimates are from the ARB’ s off-road emissions inventory database as of May 2008.

Table 2.2 - Baseline Spark-Ignition Marine Exhaust Emission Inventories Statewide Annual Averages

EMISSIONS INVENTORY
(tons per day) 

### ENGINE

TYPE POLLUTANT

2009 2010 2020

ROG 42.6 40.0 20.4

NOx 3.6 3.6 3.3 

### OUTBOARD

CO 85.6 80.8 45.3

ROG 25.3 24.2 22.4

NOx 4.0 4.2 7.4 

### PERSONAL WATERCRAFT

CO 43.9 42.3 40.1

ROG 19.0 18.7 17.3

NOx 24.1 23.8 22.3 

### ≤ 373 KW

CO 538.3 541.8 629.3

ROG 0.9 0.9 0.7

NOx 0.3 0.3 0.2 

### STERNDRIVE / INBOARD

> 373 KW

CO 18.9 19.6 27.5

### 9

As shown in the table, ozone precursors from these engines are projected to decrease over time as a result of the Board’s previous actio ns. Between 2009 and 2020,

ROG+NOx 3 

### emissions are projected to decrease by 22 tons per day for OB/PWC engines and about 3.8 tons per day for SD/I engines . Although not currently regulated, CO emissions for outboard engines and personal wate rcraft are also projected to decrease over time as a corollary effect of the Boa rd’s previous actions to control ozone precursors. Paradoxically, total estimated CO emis sions for sterndrive and inboard engines continue to increase despite the incorporat ion of CO reducing three-way catalytic converters on these engines in 2007 and 2 008. Although the catalytic converters reduce engine-out CO by 40 - 60 percent, the increasing population of engines appears to cancel out these gains resulting in a net loss over time 4



### .

Table 2.2 only shows half the story, however. To p rovide the complete picture, Table

2.3 illustrates the emissions inventories for the s ame categories of spark-ignition marine engines during summer weekends. Boats with spark-i gnition marine engines are used most frequently on summer weekends when the tempera ture is hot and smog levels are high. Exhaust emission levels associated with summ er weekend operation are approximately 143 3 

### percent higher than corresponding annual average l evels due to increased boating activity during the summer months . This is especially relevant since the potential for ozone formation is highest during the summer months.

Table 2.3 - Baseline Spark-Ignition Marine Exhaust Emission Inventories

Statewide Summer Weekend

EMISSIONS INVENTORY
(tons per day) 

### ENGINE

TYPE POLLUTANT

2009 2010 2020

ROG 103.5 97.1 49.6

NOx 8.8 8.9 8.1 

### OUTBOARD

CO 208.1 196.4 110.1

ROG 61.4 58.9 54.4

NOx 9.7 10.2 18.1 

### PERSONAL WATERCRAFT

CO 106.8 102.7 97.3

ROG 46.3 45.4 41.9

NOx 58.6 57.9 54.2 

### ≤ 373 KW

CO 1308.0 1316.6 1529.1

ROG 2.1 2.1 1.6

NOx 0.7 0.7 0.6 

### STERNDRIVE / INBOARD

> 373 KW

CO 46.0 47.7 66.8

3 Estimated 2020 benefits are based on May 2008 off- road emissions inventory data, and differ somewhat from earlier calculations due to modeling refinemen ts after the 2001 adoption of the existing regulati on.

4 The CO emissions inventory estimate is not as full y developed as that for ozone precursors. As more data become available with certification, the emiss ions inventory will be improved.

### 10

This table shows that ROG+NOx emissions are project ed to decrease by about 53 tons per day for OB/PWC engines and about 9.4 tons per d ay for SD/I engines between 2009 and 2020 due to the Board’s previous actions. CO emissions are also projected to decrease for OB/PWC engines and to increase for SD/ I engines accordingly.

2.5. Public Process

In developing its proposal, staff has remained in c lose contact with the regulated marine industry in order to follow industry’s progress reg arding the spark-ignition marine engine and boat regulations and to be kept apprised of any issues that might delay compliance efforts. A list of specific outreach efforts is pr ovided in Appendix A at the end of this
report.

3. SUMMARY OF PROPOSED REGULATIONS

The amendments herein proposed address issues that have developed since 2005, when the Board last considered the regulations, and are meant to enhance alignment with other ARB and U.S. EPA regulations by harmoniz ing requirements where possible and by streamlining certification requirements. St aff is also proposing to revise the exhaust standard for high performance SD/I engines certified by small volume manufacturers to a level that would no longer be ba sed on the use of three-way catalytic converters. Additionally, to make up for lost emis sion benefits resulting from this proposed relaxation of the standards, all high perf ormance SD/I engine manufacturers would be required to ensure the proper installation of canister-based evaporative emission controls on all vessels using high perform ance engines in order to preserve the overall benefit of the existing 5.0 g/kW-hr HC+ NOx exhaust standard. This amendment is necessary because using catalytic conv erters on high performance engines has turned out to be a difficult challenge.

Staff’s other proposed amendments include the adopt ion of CO standards and Not-ToExceed (NTE) limits for all categories of spark-ign ition marine engines, the incorporation of general and hardship related compliance facilita tion provisions for all engines, modifications to OBD-M and replacement engine requi rements for SD/I engines, and the adoption of voluntary standards allowing manufa cturers the option of a new five-star certification rating for any spark-ignition marine engine. Staff is also proposing to harmonize several existing and new definitions with those proposed by U.S. EPA and to align with U.S. EPA regarding the assignment of tot al hydrocarbons, rather than non-methane hydrocarbons, for its exhaust standards for all categories of spark-ignition marine engines. Staff is proposing other non-subst antial modifications to the regulations and test procedures to correct grammati cal and typographical errors, to correct references and citations, and to improve cl arity. The following subsections describe the major provisions of staff’s proposals in greater detail.

3.1. Definitions

Staff intends to revise or adopt definitions for th e following terms to enhance harmonization with the requirements proposed by U.S . EPA in its May 18, 2007, NPRM and Regulatory Impact Analysis (RIA) documents:

### 11

• “High Performance Engine”

• “Jet boat”

• “Large Volume Dual Category Manufacturer”

• “Marinize”

• “Maximum Engine Power”

• “Maximum Test Speed”

• “New Propulsion Marine Engine” or “New Engine”

• “Nontrailerable Boat”

• “Outboard Engine”

• “Personal Watercraft”

• “Personal Watercraft Engine”

• “Spark-ignition”

• “Sterndrive/Inboard Engine” or “Sterndrive/Inboard Marine Engine”

These terms are defined in § 2441 of the proposed r egulation order in Attachment A.

3.2. Emission Standards

3.2.1. Total Hydrocarbon plus Oxides of Nitrogen (H C+NOx) Standards

Title 13 of the California Code of Regulations (CCR ), Section 2442(b) (13 CCR 2442(b)), requires spark-ignition marine engines to comply with NMHC+NOx standards

as a condition of certification and sale in Califor nia. Only the non-methane component of hydrocarbon was included in those standards beca use the intent of the regulation

was to control ozone and methane does not contribut e to ozone formation in the atmosphere. However, methane has been identified a s one of the greenhouse gases responsible for manmade global warming; therefore, staff intends to propose that all future marine standards reflect the total hydrocarb on species. Additionally, such action would harmonize the form of California’s spark-igni tion marine standards with that proposed by U.S. EPA for gasoline fuel certificatio n. However, in practice this requirement is not expected to have a significant i mpact on compliance or change the projected reductions of ozone precursors in Califor nia. Virtually all currently regulated spark-ignition marine manufacturers in California a lready voluntarily submit total hydrocarbon measurements in their certification app lications to eliminate having to speciate emission samples. Furthermore, the methan e component is only about one percent of the total hydrocarbon species for gasoli ne and would not constitute much of a change in ozone precursor reductions regardless. F rom this point forward, all references in this staff report to combined hydroca rbons and oxides of nitrogen (HC+NOx) should be read to include methane.

3.2.2. Carbon Monoxide Standards

The CO standards proposed in this report are intend ed to lower the risk of asphyxiation during boating activities such as wakeboarding and teak surfing where boaters may be in close or direct proximity to a vessel’s exhaust, but also to protect vessel occupants exposed to lesser concentrations that can cause dim inished cerebral capacity leading to

### 12

accidents as a result. The California Department o f Boating and Waterways reports ten deaths between 2001 and 2006 in California directly attributable to the inhalation of carbon monoxide during recreational boating activit ies 5 

### . Other fatalities or injuries not quantified in this tally may have occurred indirect ly (e.g., drowning or loss of balance).

The proposed CO standards would apply separately to OB/PWC and SD/I engines and would essentially cap CO emissions at current measu red levels; therefore, compliance with the proposed standards should not require the incorporation of any additional technology not already required by existing Califor nia regulation. Staff does, however, recognize that more stringent standards will likely be necessary to better protect the health of boaters in the future, and is committed t o developing such standards (see subsection 5.3), but for now believes it important to ensure that CO levels not be allowed to increase above current levels. The prop osed California standards differ slightly from the proposed federal standards for OB /PWC and SD/I engines in that the California standards would apply discretely to each engine family whereas the proposed federal standards could be met using averaging. As such, some manufacturers may need to adjust engine calibrations on some applicat ions to comply with the proposed California standards, but such modifications are ex pected to be rare and minor. Staff’s proposal does not provide for CO averaging in Calif ornia because of the immediate risk from CO poisoning that higher emitting engines woul d pose to vessel occupants, not to mention the added complexity that would be added to the State’s enforcement efforts should multiple emissions configurations become app licable (via averaging) to engines whose final point-of-sale destinations are not alwa ys predictable.

Staff is also proposing an optional CO standard and alternate certification cycle for larger displacement standard performance SD/I engin es to facilitate compliance. For SD/I engines greater than or equal to 6.0 liters in displacement, but less than 373 kW maximum power, staff is proposing an optional CO st andard of 25 g/kW-hr that would only use the weighted emission measurements from mo des 2 through 5 of the E4 test cycle 6 

### . This standard discounts CO emissions at wide ope n throttle (Mode 1) where the risk of CO exposure from large displacement boats i s expected to be low due to the unlikelihood of tow sports or other near-exhaust pr oximity activities such as wakeboarding and teak surfing being performed at ma ximum engine speeds and accelerations. Staff is not proposing to extend th is alternate CO standard to high performance engines because the proposed standard f or these engines is not expected to result in any compliance issues.

U.S. EPA had considered the promulgation of an iden tical standard in Chapter 4 of its Regulatory Impact Analysis (RIA 2007), but has not yet decided whether to include it in the final rulemaking since the proposed federal rul e would permit CO averaging, which

5 Annual safety reports are found collectively at http://www.dbw.ca.gov/Reports/SafetyReports.aspx

6 Universally accepted 5-mode steady-state test cycl e for spark-ignition marine engines defined in the International Organization for Standardization docu ment “(ISO) 8178-4. Reciprocating Internal Combustion Engines, Exhaust Emissions Measurement, Part 4: Test Cycles for Different Engine Applications. Test cycle E4—Spark-ignited pleasure -craft less than 24 m length.” Originally develope d by the International Committee of Marine Industry A ssociations (ICOMIA Standard 36, 1988)

### 13

industry believes is sufficient to account for the few SD/I engine families that are expected to exceed the proposed 75.0 g/kW-hr CO sta ndard.

Table 3.1, below, summarizes staff’s proposed CO st andards.

Table 3.1 - Proposed CO Standards for OB/PWC & SD/I Engines

ENGINE

CATEGORY MODEL YEAR MAXIMUM POWER a

[kilowatts] 

### CO STANDARD b

[grams per kilowatt-hour]



### kW ≤ 40 500 – 5 x P c 

### OB/PWC 2009 and later
kW > 40 300.0

kW ≤ 373 75.0 d


### SD/I 2009 and later kW > 373 350.0

a Maximum Power may be interpreted as maximum rat ed power prior to 2010, but must be interpreted as maximum engine power for

2010 models and thereafter.

b All standards are fixed. c P is defined as Maximum Engine Power in kilowat ts (kW). d An alternative standard of 25 g/kW-hr over mode s 2 - 5 of the E4 cycle is provided for engines ≥ 6.0 L displacement.



### 3.2.3. High Performance (> 373 kW) SD/I Engine Stan dards

California’s existing spark-ignition marine regulat ions require high performance SD/I engines to comply with a 5.0 g/kW-hr HC+NOx exhaust standard in 2009. The existing regulation allows standard performance (i.e., ≤ 373 kW) and high performance engine family emission levels to be averaged within a manu facturer’s product line as a means to facilitate compliance.

However, due to technical obstacles regarding the e ffective use of catalytic converters on high performance engines and the competitive dis advantage that averaging would place on small volume manufacturers without enough standard performance engines to generate offsets (discussed in detail in Section 4. 1, below), staff believes that sufficient reason exists for the Board to modify the high perf ormance engine requirements.

Staff proposes that the Board relax the 2009 and la ter HC+NOx exhaust standard for small volume manufacturers of high performance engi nes from 5.0 g/kW-hr HC+NOx to the levels shown in Table 3.2 below. Any large vol ume dual category manufacturer (i.e., a manufacturer that produces both high perfo rmance and standard performance engines in California in combined quantities greate r than 75 units annually) 7 

### would continue to be required to meet the existing 5.0 g/ kW-hr HC+NOx exhaust standard, and could also avail themselves of averaging, if th ey so choose, beginning in 2009.

7 Currently, only one large volume manufacturer of h igh performance and standard performance engines is know to exist (Mercury Marine).

### 14 Table 3.2 Proposed Exhaust Standards for SD/I engines

HC+NOx

STANDARD

[grams per kilowatt-hour] 

### MODEL

YEAR MAXIMUM a



### POWER

[kilowatts] Small Volume

Single/Dual Category or Large Volume Single Category

Manufacturer

b Large Volume Dual Category

Manufacturer 

### CO

STANDARD

[grams per kilowatt-hour]



### kW ≤ 373 5.0 5.0 b 

### 75.0 c



### 373 < kW ≤ 485 16.0 2009 -

2010

kW > 485 25.0 5.0 d 

### 350.0

kW ≤ 373 5.0 5.0 b 

### 75.0 c



### 373 < kW ≤ 485 16.0 2011

and later

kW > 485 22.0 5.0 d 

### 350.0

a Maximum Power may be interpreted as maximum rat ed power prior to 2010, but must be interpreted as maximum engine power for 2010 models and thereafter

. b These standards are fixed except for engines ce rtified under the discontinuation allowance in subs ection 3.4.1. c Standard performance engines ≥ 6.0 liter displacement may alternatively meet a 25 g/kW-hr standard based on Modes 2-5 of the E4 test cycle. d This standard may be met using averaging within the high performance category and/or between stand ard performance and high performance categories. Alter natively, manufacturers may instead comply with the exhaust standards for single category manufacturers provided a sufficient number of vessels with stand ard performance engines are equipped with carbon canist er based evaporative systems.



### To compensate for the shortfall in emission benefit s from the change in exhaust standards, the staff proposal would also require al l boats using 2009 and later high performance SD/I engines (regardless of whether the engine is produced by a small or large volume manufacturer) to incorporate enhanced evaporative controls, including evaporative control canisters (i.e., activated carb on canisters) and low permeation fuel tanks and hoses. The proposed evaporative requirem ents are based on national data compiled by U.S. EPA and rely in part on the analys es presented in the May 18, 2007, NPRM and its incorporated Regulatory Impact Analysi s (RIA 2007). The proposed

U.S. EPA standards are included in Table 3.3 below as guidance for industry. Staff is at this time proposing only a design-based requirement , not testing of individual evaporative control configurations. ARB staff is i n the process of developing more comprehensive evaporative standards and test proced ures specific to California’s spark-ignition marine engines; therefore, the curre ntly proposed evaporative requirements will be updated when staff’s independe nt development work is complete and more comprehensive standards are considered for adoption in California.

### 15 Table 3.3 Proposed 2009 and Later Evaporative Control Design Specifications / Proposed U.S. EPA Standards

PERMEATION

STANDARDS

[grams per square meter per day]



### Hose b 

### Tank c 

### DIURNAL

STANDARD a

[grams per gallon per day]



### 15.0 1.5 0.40 d

a Diurnal testing requires fuel with 9 pounds per square inch (psi) Reid Vapor Pressure volatility and a 24 hour fuel temperature cycle of 27.6 o to 3 0.2 o Celsius. b Fuel line permeation testing requires gasoline fuel with 10% ethanol content and must be performed at a test temperature of 23 ± 2 o Celsius

. c Fuel tank permeation testing requires gasoline fuel with 10% ethanol content and must be performed at a test temperature of 28 ± 2 o Celsius

. d This standard is for trailerable boats; non-tr ailerable boats must meet a 0.16 grams per gallon per day diurnal standard over a fuel temperature cy cle of 25.6 o to 32.2 o Celsius.



### Staff additionally proposes that any large volume d ual category manufacturer be given an option to certify high performance engines to th e less stringent 16.0 g/kW-hr HC+NOx standard, but be required to recover the los t emission benefits by expanding the use of evaporative controls on standard perform ance engines. This option is explained in further detail in subsection 4.1.

The proposal would not change the levels associated with the required environmental labels. High performance engines achieving the exi sting 5.0 g/kW-hr standard without averaging would receive a four-star rating on envir onmental labels and hang tags. High performance engines certified to the 16.0 g/kW-hr H C+NOx standard and possessing enhanced evaporative controls would receive a three -star rating on environmental labels and hang tags, and high performance engines certified to either the 25.0 g/kW-hr or 22.0 g/kW-hr HC+NOx standards would receive a tw o-star rating.

3.2.4. Optional Test Cycle for High Performance Eng ines

Staff is also proposing an optional certification t est cycle for all high performance SD/I engines. The optional cycle would be similar to th e currently required E4 steady-state test cycle, but instead of measuring emissions at “ no load” idle, manufacturers would test at 15 percent load. Staff has learned that hi gh performance engines typically operate at loaded idle since much of their operatio n occurs while going through numerous zones near docks and swimming areas with f ive mile per hour “no wake” speed limits. Loaded idle operation is therefore m ore representative of high performance engine operation than “no load” idle op eration and should be reflected in the certification test cycle.

3.2.5. Not-To-Exceed Limits

Staff proposes that the Board harmonize with federa l NTE requirements for OB/PWC engines and SD/I engines with rated power less than or equal to 373 kW. The NTE

### 16

requirements would ensure emissions control in mode s of engine operation that are not fully represented by the certification test cycle. No additional testing beyond that required by the federal requirements would be requi red; however, engine manufacturers would be required to certify separately in Californ ia and would be subject to all applicable State provisions pertaining to in-use co mpliance and enforcement.

3.2.6. Voluntary Standards

Staff is proposing a fifth tier of voluntary emissi on standards for spark-ignition marine engines. Engines certified to these voluntary requ irements would be eligible for a new five-star emissions rating. Although intended for SD/I engines primarily, the five-star rating would be available to any category of spark- ignition marine engine certified to the voluntary standards throughout its useful life. Th e proposed five-star label is shown

below:

The proposed voluntary five-star emission levels ar e shown below in Table 3.4:

Table 3.4 – Five-Star Voluntary Standards

PERMEATION

STANDARDS
[grams per square meter per day] 

### HC+NO x STANDARD
[grams per kilowatt-hour] 

### CO

STANDARD
[grams per kilowatt-hour] 

### Hose Tank DIURNAL

STANDARD
[grams per gallon per day]



### 2.50 50.0 15.0 1.5 0.4

In addition to complying with the five-star emissio ns levels, which represent a fifty percent decrease in exhaust emissions compared to a four-star engine family, an eligible five-star engine family would also need to possess a fully complaint OBD-M system complete with functioning misfire monitoring capability. Labels and hang-tags for engine families certified to the voluntary stan dards must indicate a five-star rating. Manufacturers may, however, continue to use existin g stocks of labels with only four stars for engines that are not certified to the vol untary standards.

### 17

3.3. Certification Requirements for High Performanc e Engines

3.3.1. Portable Measurement Systems

For the certification of high performance SD/I engi nes manufactured in extremely low volumes, staff proposes that the Board adopt, as an option to engine dynamometer testing, the use of portable emissions measurement systems (PEMS) for measurements in the laboratory or in the field. Eligible PEMS m ust comply with generally the same specifications and verifications as the laboratory instrumentation described in the spark-ignition marine engine test procedures, but w ith added flexibility per the incorporation of the provisions for portable measur ement systems from sections 1065.901 through 1065.940 of Title 40, Code of Fede ral Regulations. A determination of compliance for the PEMS would be based on an ove rall demonstration of comparable accuracy and reliability relative to laboratory mea surements occurring over multiple repetitions of the certification test cycle or an e quivalent manufacturer-defined duty cycle. An acceptable duty cycle must have several individual field-test intervals against which a PEMS is compared to the laboratory system. The proposed test procedure amendments also specify procedures for preparing an d conducting a field test and for correcting emission analyzer drift by taking into a ccount a number of known measurement techniques. Additional provisions and conditions would apply when using PEMS in an engine dynamometer laboratory. Staff pr oposes that the PEMS option be limited to manufacturers that produce no more than 75 engines per year nationally (roughly 10% of which end up in California) to ensu re a reasonable mix of dynamometer and PEMS data for comparison. Such an amendment wo uld greatly reduce the cost of compliance for the many small volume manufacturers in the high performance sector.

3.3.2. Assigned Deterioration Factors

Staff is also proposing the optional use of assigne d deterioration factors for high performance engines regardless of production volume s. Emissions deterioration over a high performance engine’s useful life is expected t o be relatively small considering an engine’s 50-hour or 150-hour rebuild frequency; the refore, the assignment of reasonable deterioration factors provides a cost ef fective and low-risk alternative to the traditional method of determining deterioration fac tors. Staff anticipates the assignment of conservative deterioration factors in the early years of implementation, most likely extrapolated from the largest standard performance engines prior to the incorporation of catalytic converters. However, as more data become available, staff intends to revise deterioration factors as necessary to better reflec t real world engine performance. Manufacturers opting to certify with assigned deter ioration factors would be required to indicate this in their applications for certificati on, and engines so certified would be subject to the same requirements, penalties, and co rrective actions for in-use compliance as would be the case for engines certifi ed using traditionally derived

deterioration factors.

### 18

3.4. Compliance Assistance Provisions

Engine marinizers have requested corporate averagin g as a means for addressing unforeseen circumstances, primarily the unanticipat ed discontinuation of engines by the base engine supplier 8 

### and the lack of development time necessary to deve lop reliable emission control systems for the engines that repla ce them. While staff recognizes that unforeseen circumstances beyond the control of the engine marinizer can and do occur, it does not believe that corporate averaging is the most appropriate solution for the California market. As discussed previously with re spect to CO emissions, averaging does not address the immediate risk to vessel occup ants from CO poisoning that engines certified to higher family emission limits would pose. Furthermore, since manufacturers are not able to guarantee the ultimat e destination of their engines, they cannot guarantee that California would not receive more than its fair share of higher emitting engines should ARB agree to participate in the national averaging program. Additionally, corporate averaging would complicate ARB’s ability to enforce the regulations in that compliant SD/I engines would no longer be readily distinguished from noncompliant engines in the field by ARB inspectors . Further, should ARB attempt to implement corporate averaging within State boundari es, rather than as a participant in the federal program, U.S. EPA has the right to deny federal credits for any engines certified in California, which would serve as a dis incentive for manufacturers to introduce their cleanest engines in California. Co nsequently, ARB would have to adopt significantly more stringent standards than current ly required or proposed to achieve the same air quality benefits as from fixed standards.

3.4.1. Engine Discontinuation Allowance for SD/I En gines

In lieu of providing relief through corporate avera ging for SD/I engines that will no longer be produced by the base engine supplier, staff prop oses to allow manufacturers to certify one engine family (or other logical groupin g) per year to current emission levels. This approach, hereafter known as the engine discon tinuation allowance (EDA), would require one or more of the remaining engine familie s in a manufacturer’s SD/I product line to be certified to emission levels more string ent than the existing fixed exhaust standards to make up for the deficit of the higher emitting engine family.

In addition to the typical stipulations of an avera ging program, such as calculation methodology, records keeping, and reporting require ments as documented in 13 CCR 2442(b)(2), staff intends that the following criteria also be applicable with respect to its SD/I EDA proposal:

• Only one engine family (or other approved logical grouping of engines) per year per manufacturer may be certified with emission levels less stringent than the standards;

 The engine family may be carried over for three su bsequent years;

8 In 2006, General Motors announced the end of produ ction runs for two of the five base engines (4.3 li ter and 8.1 liter engine families) frequently marinized by standard performance SD/I manufacturers.

### 19

 Previously certified engine families may not subse quently be certified to less stringent standards; however, normal fluctuations i n certification levels due to superseded component use would be permitted unless the fluctuations resulted in an exceedance of the standards to which the engi ne family was previously certified;

• First time certified engine families certified les s stringent than the standards must still comply with applicable OBD-M requirements and evaporative control standards;

3.4.2. Hardship Compliance Assistance for All Spark -Ignition Marine Engines

Staff is also proposing a separate provision applic able to all spark-ignition marine engines granting the Executive Officer discretion t o issue additional compliance assistance for matters of extreme hardship for whic h the engine discontinuation allowance may not be completely adequate. Such com pliance assistance would not be automatically available to the manufacturer; the ma nufacturer would be required to show proof that the situation necessitating Executi ve Officer intervention was completely beyond its control, and that the manufac turer had done everything feasible to resolve the situation under existing provisions. The following would be considered by the Executive Officer in determining whether or not to grant the compliance assistance:

• Proof must be provided showing that the hardship w as beyond the control of the engine or boat manufacturer;

• All existing compliance flexibility provisions hav e been exhausted;

• The manufacturer has a plan to make up for any los t emission benefits.

3.5. On-Board Diagnostics-Marine (OBD-M)

Staff proposes that misfire monitoring become a man datory component of the OBD-M requirements for SD/I engines beginning in 2010. C urrently misfire monitoring is only required when ARB or the certifying manufacturer de termines that engine misfire would cause the catalyst to fail before the emissions dur ability period of the engine had elapsed (e.g., 480 hours or 10 years for standard p erformance engines certified with a catalyst). When the OBD-M requirements were origin ally adopted, industry believed that catalyst construction would have to be far mor e robust than that of existing automotive catalysts to meet the 5.0 g/kW-hr NMHC+N Ox standard and remain durable in a water environment. By virtue of that assumpti on, industry contended that misfire would not be an issue regarding catalyst durability and ARB agreed to make misfire monitoring a conditional OBD-M requirement. Howeve r, now that manufacturers have begun certifying SD/I engines in California, all ha ve voluntarily included misfire monitoring as part of their OBD-M systems, presumab ly, at least in part, because they have found ways to incorporate conventionally desig ned catalytic converters that are susceptible to damage from engine misfire. As such , and because misfire monitoring has already been introduced voluntarily, staff beli eves that mandatory misfire monitoring should be a requirement for all future OBD-M system s. Audio/visual alert device suppression provisions would remain in effect per e xisting provisions. Staff is also proposing to ease the transition to OBD-M for manuf acturers of high performance

### 20

engines by extending compliance dates to allow for the deployment of more sophisticated on-board computers and/or by temporar ily relaxing the requirement for audio/visual alert device (i.e., malfunction indica tor light) activation.

3.6. Replacement Engine Provisions

Part I, Section 8, of the “California Exhaust Emiss ion Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines” currently requires new SD/I replacement engines to comply with current mod el year emission standards. This unintentionally necessitates that a catalyst-equipp ed engine be used to replace the engine in an older model boat that may not be prope rly designed to accommodate or support a catalyst-equipped engine (e.g., limited e ngine compartment space, incompatible wiring harnesses, etc.). Accordingly, staff proposes to revise this provision to require installation of the cleanest engine curr ently available that can be installed in a boat without unreasonable modifications when replac ing an existing engine. If no cleaner engine is available or compatible with the boat, a less stringent new replacement engine would be allowed so long as its emissions performance is at least as stringent as that of the engine being replaced.

3.7. Standardized Engine Rebuilding Practices

Staff proposes the incorporation of language to sta ndardize procedures for rebuilding spark-ignition marine engines. The proposed langua ge is in alignment with the engine rebuilding practices for other off-road categories in California and is virtually identical to that proposed by U.S. EPA for spark-ignition marine engines (40 CFR 1068.120). The incorporation of this requirement is necessary to p revent the downgrading of emission system performance during an engine rebuild.

3.8. Hang Tag Durability Requirements

Staff proposes to add a general statement of durabi lity regarding the construction of hang tag labels. The requirements for environmenta l labels in § 2443.3 mandate a non-permanent label (i.e., hang tag) to be displaye d on marine engines at the time of sale, but provide no material specifications for th e construction of the hang tag. To address longevity concerns raised by a California d ealership, staff had considered proposing an amendment to standardize components of the hang tag’s construction such as reinforced grommets and surface lamination. However, several members of the regulated industry expressed opposition to more specific requirements citing that existing hang tags were sufficiently durable and re placements were available upon request should they ever be needed. After examinin g samples from several engine manufacturers, staff has concluded that the reviewe d hang tags appear robust enough

to survive under most conditions that should be enc ountered in a boat show room. However, to ensure that this is always the case and for every manufacturer, staff proposes that the Executive Officer be given discre tion to require a demonstration of durability for any hang tag submitted per the provi sions of § 2443.3 (d) that is suspected of being too fragile to remain viable for a period of no less than two years displayed under normal conditions. Recent legislation (Assem bly Bill 695) now requires hang tags be submitted to the Department of Motor Vehicles wi th the registration application for

### 21

new boats with SD/I engines produced on or after Ju ly 1, 2008, further illustrating the importance of hang-tag durability.

3.9. Executive Officer Discretion for Technical Cha nges

Staff proposes that the Board additionally delegate to the Executive Officer the discretion to make technical changes to the regulat ions and test procedures without the

need to return to the Board. This discretion is ne eded to ensure harmonization with the U.S. EPA, as its program has not yet been finalized . The staff envisions these changes being on the order of modifying definitions and tec hnical specifications, particularly with regards to the test procedures and the NTE program. In these cases, the staff proposes alignment with U.S. EPA for the benefit of industry, but the final form of the requirements is not yet determined. Without such d elegation, the marine industry may be subject to differing requirements until the Boar d could amend the regulation itself.

3.10. Aftermarket Exemption Procedures Clarificatio n

To correct an oversight dating back to the adoption of the SD/I regulations in 2001, staff proposes to remove the exclusion of eligibility for an aftermarket exemption for SD/I parts found in section V, subsection D, of the “Pro cedures for Exemption of Add-On and Modified Parts for Off-Road Categories,” incorporat ed in § 2472 of California’s aftermarket regulations (13 CCR Article 7). As suc h, these procedures are in conflict with the applicability section of the aftermarket r egulations (13 CCR 2470), which grants exemption applicability to all off-road engines sub ject to California or federal emission standards. The statement excluding SD/I engines in the aftermarket procedures was added in 2000, when only OB/PWC engines were subjec t to California’s spark-ignition marine engine emission requirements, and was meant to provide reinforcement to readers that an exemption was not needed for pre-co ntrolled engines, specifically SD/I engines at that time. However, after emission stan dards were adopted for SD/I engines in 2001, a corresponding adjustment to the aftermar ket exemption procedures did not occur. Nonetheless, there has been no consequence to this apparent conflict in practice since applicability to SD/I engines is pro vided for in the aftermarket regulations, which establish regulatory requirements while incor porated test procedures detail the more nuts and bolts of demonstrating compliance to the regulations, and the regulations take precedence over incorporated documents. Staff ’s proposal to include SD/I engines in the aftermarket exemption procedures would there fore be a clarification of existing requirements.

4. DISCUSSION

4.1. High Performance Engines

The high performance engine sector in California co nsists of a relatively small number of manufacturers that cumulatively sell between 200 - 250 new engines Statewide each year. Despite this small number of engines, the em issions contribution from this category is not trivial. Additionally, the overwhe lming majority of high performance engine sales are from a single manufacturer (Mercur y Marine) that also has the distinction of being the only manufacturer that pro duces both standard and high

### 22

performance engines. As such, this manufacturer ha s a significant competitive advantage under the existing regulation in that it would be the only manufacturer able to certify high performance engines at current emissio n levels by averaging them together with lower-emitting standard performance engines.

Furthermore, additional information has indicated t hat the existing 2009 and later HC+NOx standard of 5.0 g/kW-hr presents a difficult challenge for high performance engines. Unlike the standard performance engines w hich have successfully met the 5.0 g/kW-hr emissions standard, high performance en gines are typically operated at wide-open throttle for extended periods, and as suc h are calibrated to run fuel-rich most of the time. This is done primarily to reduce comb ustion temperatures preventing exhaust valve failure due to the high temperatures and cylinder pressures generated within the engines. Conversely, three-way catalyti c converters, the technology of choice utilized almost exclusively on standard performance engines to comply with the standard, only achieve optimal performance at or ne ar stoichiometric air/fuel ratios. Three-way catalysts can be engineered to retain som e oxygen for use during fuel-rich operation; however, as the Manufacturers of Emissio ns Controls Association (MECA) noted in a letter regarding the staff’s proposal, ( See Appendix B), the oxygen storage materials used in three-way catalysts need periods of lean operation in order to replenish the stored oxygen. Typical usage of high -performance marine engines would not reliably offer the necessary periods of lean op eration.

A key consideration in the development of staff’s p roposal was the potential impact of leaving the regulation unchanged. As mentioned abo ve, the existing regulation gives an unfair competitive advantage to the sole dual categ ory manufacturer. As a result, this manufacturer, already the dominant provider of high performance engines, would have a virtual monopoly of the high performance market i n California. This would severely impact the small, California-based high performance engine manufacturers, as California sales form a significant part of their s mall market share. California dealers and boat builders currently supplied by high perfor mance engine manufacturers without compliant product for 2009 would also be adversely affected. Furthermore, staff anticipates that many affluent Californians intent on owning a high performance boat would not be deterred by the lack of product in Cal ifornia and could purchase and register boats out of State, but use them in Califo rnia anyway, despite legislation prohibiting the practice (Chapter 609, Statutes of 2007, Assembly Bill No. 695, Vehicle Code Sections 9852.9, 9853.7, and 9853.8). Should this scenario come to fruition, the result of the existing regulation with averaging wo uld be job loss with less than optimal

emission reductions.

While the original rulemaking included standard and high performance engines together, standard performance engines have been ab le to meet the 5.0 g/kW-hr HC+NOx standard, so requiring further emissions red uctions from manufacturers participating solely in that market to make up for relaxed standards in the high performance market would not make sense. Any emiss ions reductions to make up for the relaxation should reasonably come from manufact urers in the high-performance

market.

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However, due to the composition of the market, most manufacturers have neither any standard performance engines with which to average, nor the resources to develop a plan to make up the shortfall. Requiring these sma ll businesses, many of which are located in California, to make up the shortfall wou ld be tantamount to shutting them down. For these reasons, staff investigated altern atives to the existing standard that could provide equivalent emissions benefits.

After examining and rejecting various alternatives (See Section 7), staff determined that the current proposal most fairly balanced the compe ting issues. The staff’s proposal to

relax the 2009 and later HC+NOx exhaust standard fo r small volume manufacturers of high performance engines from 5.0 g/kW-hr HC+NOx to the levels shown in Table 3.2, combined with the requirement that any large volume dual category manufacturer be required to meet the existing 5.0 g/kW-hr HC+NOx ex haust standard beginning in 2009 (likely using averaging), and the requirement that all boats using 2009 and later high performance SD/I engines (regardless of whether the engine is produced by a small or large volume manufacturer) incorporate enhanced eva porative controls, would preserve the emissions benefits of the regulation adopted in 2001.

The presence of only a single large volume dual cat egory manufacturer, Mercury Marine, in the market has caused staff to consider alternatives that would allow for less expensive ways to comply with the requirements. Th us, staff additionally proposes an option that a large dual category manufacturer may certify high performance engines to the same exhaust and evaporative standards as propo sed for small volume manufacturers. If a manufacturer chooses that opti on, staff proposes that it would then be required each year to expand the use of enhanced evaporative control technology on its standard performance engines to compensate for the emissions benefit shortfall that would otherwise occur. Staff also proposes that th e Executive Officer be given discretion to allow other methods for recovering lo st emission benefits should such methods provide equivalent and verifiable emissions benefits as the options identified.

It could be argued that the proposal thus increases the cost of the standard performance boats that are either used to generate a lower average exhaust emissions level or equipped with enhanced evaporative control s. However, since the requirement applies only to dual category manufacturers, that m anufacturer would have the option of absorbing those costs in the purchase price of the high performance engine, an option

the other manufacturers would not have. Furthermor e, it should be noted that any other manufacturer that offers product in both the high-p erformance and standard performance markets in the future would be subject to the same requirements.

4.2. Technological Feasibility

The technological feasibility of the existing spark -ignition marine regulations has already been established by staff in its reports to the Boa rd during the 1998, 2001, and 2005 rulemakings and follow-up test programs at Southwes t Research Institute (SwRI). Namely, the technologies such as four-stroke and di rect injection two-stroke technologies, leaner air-fuel calibration, electron ic fuel injection, oxygen sensor

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feedback fuel control, catalytic converters, and on -board diagnostics have all been determined to be feasible and appropriate for marin e applications.

Staff’s proposal does introduce additional evaporat ive emission controls that were not evaluated during those rulemakings. However, contr ols such as evaporative carbon canisters and low-permeation hoses are well-establi shed, and have been used successfully by the automotive industry (ARB 1998b) for many years and are currently required for use on other off-road applications inc luding some lawnmowers (ARB 2003a). U.S. EPA has also demonstrated the fe asibility of carbon canisters and low-permeation hoses in marine applications as part of its current proposed rulemaking for spark-ignition marine engines (RIA 2007). The carbon canisters and hoses suggested in this report as a means to satisfy the proposed compliance requirement for high performance SD/I engines are expected to have similar material specifications as those mentioned in the referenced studies, and are indeed the same as those on which staff’s and U.S. EPA’s proposals are based.

4.3. “Sterndrive/Inboard Engine” and “Jet Boat” De finitions

Staff’s proposed alignment with the federal definit ions for “Sterndrive/inboard engine” and “Jet boat” would require several manufacturers that currently certify jet boat engines to the OB/PWC standards to begin certifying them to the more stringent SD/I standards. Staff believes this change is appropriate since jet boats typically compete in the same market as boats with sterndrive engines, and is nec essary to prevent a potential shift in the sterndrive market favoring greater production a nd sales of higher emitting OB/PWC engines. U.S. EPA intends to allow manufacturers o f jet boats with OB/PWC engines to comply federally using banked emission credits unti l 2012. However, ARB regulations do not permit the banking of emission credits and t hus, these manufacturers would be required to make the transition immediately in Cali fornia in the absence of additional action by the Board to grant compliance assistance. Therefore, to help facilitate transitioning to the SD/I standards for manufacture rs currently certifying jet boat engines to the OB/PWC standards, staff proposes the followi ng amendments:

• Jet boat engine families previously certified to t he OB/PWC standards may continue to be certified to the OB/PWC standards until 2012;

• Beginning in 2010, newly introduced jet boat engin e families must comply with the SD/I requirements upon introduction, but same-year offsets from any other jet boat or OB/PWC engine family may be used to comply with the HC+NOx standards through averaging until 2012. Compliance with the proposed CO standards would need to be met without averaging. Engine families certified to the OB/PWC HC+NOx standards in prior years, but not used in je t boat applications until 2010 would be considered newly introduced jet boat famil ies;

• Jet boat engines previously certified in the same engine family as OB/PWC engines must be certified separately and in a unique engine family beginning in 2010 if newly introduced, or in 2012 otherwise.

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Additionally, OBD-M would apply to new jet boat eng ine families beginning in 2010 and to all jet boat engine families beginning in 2012. The engine discontinuation allowance (EDA) would apply to these engine families beginnin g in 2012, but only engines used in jet boat applications would be considered in determ ining the final EDA emissions limit (i.e., engines from the same family as a jet boat e ngine, but installed in a PWC, cannot generate EDA offsets).

4.4. “New Engine” Definition

Staff’s proposed alignment with the federal definit ion for “New Propulsion Marine Engine or New Engine” is meant to ensure consistency betwe en federal and State regulations regarding applicability to specific engine configur ations. This definition also makes explicit that any engine installed for sale in a ne w vessel, whether the engine is rebuilt, remanufactured, or used, must comply with the emiss ion requirements in effect for new engines at the time the engine was installed.

4.5. Safety Concerns

The marine industry has not raised any safety-relat ed issues at this time regarding staff’s proposed amendments to the regulation. The proposed diurnal and permeation standards for high performance SD/I engines are bas ed on the use of passive purge control carbon canister systems which do not violat e United States Coast Guard prohibitions against fuel storage in pressurized co ntainers.

5. ENVIRONMENTAL IMPACTS AND COST-EFFECTIVENESS

The proposed amendments are intended to provide lim ited regulatory relief while maintaining reductions of ozone precursor emissions assumed in the current regulations. An additional consideration is the im pact that the proposed amendments may have on both ambient and localized concentratio ns of carbon monoxide in the environment. In consideration of the data analyses performed herein, staff has determined that no significant adverse environmenta l impacts should occur as a result of adopting these amendments. This chapter describ es the potential impacts that the proposed amendments may have on the environment.

5.1 Legal Requirements

The California Environmental Quality Act (CEQA) and CARB policy require an analysis be performed to determine the potential adverse env ironmental impacts of proposed regulations. In addition, ARB’s regulations requir e Staff Reports to assess significant beneficial and adverse environmental impacts. (Titl e 17 California Code of Regulations, Section 60005(b).) To meet these requirements, CAR B must assess the extent and severity of reasonably foreseeable environmental im pacts, evaluate potential environmental benefits of both the proposed action and of alternatives, and respond (in writing) to all significant environmental issues ra ised in the public review period and at the Board hearing. At present, CARB’s regulatory p rogram is certified by the Secretary of Resources (cf. Public Resources Code §21080.5), which allows CARB to include an

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environmental analysis in the Initial Statement of Reasons (ISOR) instead of preparing an environmental impact report or negative declarat ion. Written responses to significant environmental issues raised by the public will be i ncluded in the Final Statement of Reasons (FSOR) for the proposed amendments .

Public Resources Code §21159 requires that the envi ronmental analysis prepared by CARB include analyses of the following “reasonably foreseeable” items:

• Impacts of the methods of compliance;

• Feasible mitigation measures; and

• Alternate means of compliance with the proposed am endments (see subsection 5.2.3).

With respect to mitigation measures, CEQA requires state agencies to identify and adopt feasible mitigation measures that would minim ize any significant adverse environmental impacts described in the environmenta l analysis.

The impact of the proposed action (i.e., the regula tions as proposed here) on criteria pollutant emissions generally has been discussed ab ove. However, both the proposed

action and alternatives to it can also affect carbo n monoxide emissions levels that have a more direct impact on human health and welfare ne ar marine engines and equipment in operation; therefore, ARB must also evaluate the relative effects of the proposed action and alternatives on these more direct impact s. Staff believes that the proposed action will provide additional and direct benefits for many individuals by reducing their exposure to CO.

5.2. Projected ROG+NOx Emission Benefits

The focal point of staff’s proposal is to provide i ndustry with compliance options (explained in subsection 4.1.1) for high performanc e SD/I engines that preserves the emissions reduction goals of the existing regulatio n (I.e., is emissions-neutral with respect to the existing regulations). As shown in Table 5.1, no adverse environmental impacts are expected as a result of staff’s proposa l.

Table 5.1 - Projected Emission Benefits for High Performance SD /I Engines

Statewide Summer Weekend

EMISSION BENEFITS [tons per day] MODEL

YEAR POLLUTANT
Existing Staff proposal

2009 ROG+NOx 0.19 0.19

2010 ROG+NOx 0.36 0.36

2020 ROG+NOx 2.03 2.03

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5.3. Carbon Monoxide (CO)

5.3.1. Benefits of the Proposal

Although CO is not an ozone precursor, it is a crit eria pollutant and has been known to cause fatalities in high concentration through asph yxiation. The United States Coast Guard and the National Institute for Occupational S afety and Health warn against the practices of wakeboarding and teak surfing because of the potential for these activities to result in serious injury or death as a result of CO inhalation from close proximity to the boat engine’s exhaust. Typically, CO poisoning occurs while wakeboarders and

teak surfers hold on to the back of the boat at idl e or low cruising speeds. From approximately 1990-2007, there were 52 boat-related CO poisoning cases in California according to an updated Boating Accident Report fro m the Double Angel Foundation (DBLA 2007) using data commissioned by the United S tates Coast Guard. The California Department of Boating and Waterways repo rts 10 deaths between 2001 and

2006 in California associated with the inhalation o f carbon monoxide during boating

activities.

While as previously stated in subsection 3.2.2 of t his report, staff’s proposed CO standards would essentially cap emission levels at current levels, the incorporation of three-way catalytic converters on SD/I engines in C alifornia beginning in 2007 to reduce HC and NOx has also significantly reduced engine-ou t CO levels from those same engines compared to previous generations without ca talytic converters. Staff estimates that reductions in CO on the order of 40 to 60 perc ent below previous engine-out levels have been achieved and the proposed standards will ensure the continuation of these reductions into the future. Conversely, staff’s pr oposal to allow relaxed exhaust standards for high performance engines would result in a theoretical loss of CO benefits for those engines compared to the existing regulati on, which does not mandate CO emission levels. However, the loss would be slight since the number of high performance engines in the California inventory is relatively small and, as previously mentioned, there would not be an increase in exposu re risk because wakeboarding and other tow sports are not typically performed at max imum engine speeds behind high performance boats. CO reductions for OB/PWC engine s have also occurred as an indirect result of the Board’s previous action to c ontrol ozone precursors and will be ensured by staff’s proposed CO standards.

As noted in Section 5.2.1, inhalation of CO during boating activities was associated with

10 deaths in California between 2001 and 2006. Add itionally, CO may be a contributing

factor in an associated with the unknown number of other marine–related deaths or injuries that are otherwise classified as being due to drunkenness or drowning.

Because of the dangers of carbon monoxide poisoning , the California Legislature made it illegal to teak surf 9 

### . AB 2222 (Stats. 2004, Chap. 565), effective as o f January 1, 2005, imposes a fine of up to $100 on anyone who op erates a vessel’s engine or

9 

### “Teak surfing” or “platform dragging,” involves p ulling a person through the boat’s wake while the person holds on to the back of the b oat.

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generator while a person is holding on to the swim platform, swim ladder, or swim step on a boat. The passage of AB 2222, the Legislature declared its intent to, among other

items:

(c) Urge manufacturers of motorboats to invest in r esearch and development to do both of the following: (1) Reduce the carbon monoxide emissions from their engines as soon as possible. (2) Design a motorboat that would better protect bo aters from all CO

emissions.



### Although staff cannot quantify the impact of the CO standards in the proposed action on premature deaths and poisonings avoided, tests cond ucted by the National Institute for Occupational Safety and Health (NIOSH) indicate tha t a catalyzed SD/I system reduced CO exposures to boat occupants more than 90 percent . NIOSH concluded that “catalytic technology can greatly reduce the CO poi soning hazard to occupants of boats that have gasoline-powered engines.” (NIOSH, 2007).

Because the subject marine engines are currently un regulated for CO, and because both the proposed actions and alternatives consider ed here all require at least some CO reduction from marine engines neither the proposed action nor the alternatives

considered can be considered to cause an adverse im pact. However, the proposed action would reduce continued adverse impacts on ve ssel operators and occupants. By contrast, the alternatives considered that would in volve less stringent CO standards could result in continued adverse environmental imp acts on vessel operators and occupants, and could require mitigation. Staff wi ll continue to evaluate CO emissions and potential ways to reduce emissions further when possible.

5.3.2. Reasonably Foreseeable Feasible Mitigation M easures

Because the proposed amendments hold ozone precurso r emissions constant, and because there is currently no CO standard and the p roposed CO standard is set at or below current engine emissions levels, staff conclu des that no significant adverse environmental impacts would occur from implementing the proposed amendments. As no adverse impacts are anticipated, no mitigation m easures would be needed.

5.3.3. Reasonably Foreseeable Alternative Means of Compliance

The use of various types of emissions controls such as catalysts or evaporative controls to reduce hydrocarbon emissions constitutes the alt ernative means of compliance with the proposed amendments. Both technologies are well understood, and have been used successfully in other applications such as aut omobiles for decades. Neither technology would increase CO emissions; catalysts w ould decrease CO emissions.

5.4. State Implementation Plan (SIP)

The original spark-ignition marine engine regulatio ns were adopted by the Board in 1998 for OB/PWC and in 2001 for SD/I engines and ha ve been included as part of the

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missions inventory baseline for SIP revisions since 2002. The emissions from engines in this source category are most significant during the summer ozone season. Since the proposal retains the overall ROG+NOx emissions benefits from the 2001 regulation, the changes proposed by staff should not significan tly alter SIP commitments.

There is a possibility that the projected relative emission levels of HC and NOx would change due to the substitution of evaporative emiss ions control for exhaust control. However, as noted, the high performance engines run extremely rich, so it is likely that even if the 5.0 g/kW-hr HC+NOx standard were someho w to be met, that the majority of emissions reduced would be HC emissions. Thus, st aff believes the change in relative HC and NOx reductions due to the proposal would be negligible.

5.5. Environmental Justice

State law defines environmental justice as the fair treatment of people of all races, cultures, and incomes with respect to the developme nt, adoption, implementation, and enforcement of environmental laws, regulations, and policies (Senate Bill 115, Solis; Stats 1999, Ch. 690; Government Code § 65040.12(c)) . The Board has established a framework for incorporating environmental justice i nto ARB's programs consistent with the directives of State law. The policies develope d apply to all communities in California, but recognize that environmental justic e issues have been raised more in the context of low income and minority communities, whi ch sometimes experience higher exposures to some pollutants as a result of the cum ulative impacts of air pollution from multiple mobile, commercial, industrial, area-wide, and other sources. Over the past twenty years, ARB, local air districts, and federal air pollution control programs have made substantial progress towards improving the air quality in California. However, some communities continue to experience higher expo sures than others as a result of the cumulative impacts of air pollution from multip le mobile and stationary sources and thus may suffer a disproportionate level of adverse health effects. Since the same ambient air quality standards apply to all regions of the State, all communities, including environmental justice communities, will benefit fro m the air quality benefits associated with the proposal. As additional relevant scientif ic evidence becomes available, the spark-ignition SD/I marine engine standards will be reviewed again to make certain that public health is protected with an adequate margin of safety.

To ensure that everyone has had an opportunity to s tay informed and participate fully in developing these proposed amendments to the spark-i gnition inboard and sterndrive marine engine standards, staff has had meetings and has participated in public forums as described in Appendix A to this report.

5.6. Cost-Effectiveness

The cost-effectiveness for OB/PWC engines found in the 1998 rulemaking was $0.32 to $3.57 per pound of NMHC+NOx reduced (ARB 1998a) and for SD/I engines in the 2001 rulemaking was $2.08 to 3.39/lb NMHC+NOx reduced (A RB 2001). Staff expects no net change in cost-effectiveness from that found in the prior rulemakings, because the proposed amendments allow high performance engine m anufacturers to comply with

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non-catalyst based exhaust standards, and otherwise generally align with proposed federal requirements for other SD/I and OB/PWC engi nes.

If carbon canisters and low-permeation evaporative control hoses are utilized as a means of complying with the regulation (virtually a ll vessels that use high performance engines in California already possess metal, thus l ow permeation, tanks), the increase in costs to the manufacturer ($0.40 to $0.60 per fo ot hose length and $50.00 to $150.00 per carbon canister on average) would be offset by the savings resulting from the relaxation of requirements to introduce high perfor mance engines meeting the catalyst-based 5.0 g/kW-hr HC+NOx exhaust standard in 2009 and thereafter. For comparison, in the original 2001 Initial Statement of Reasons, the incremental cost of complying with the catalyst-based standard was esti mated to be $756 to $1231 per engine (ARB 2001).

6. ECONOMIC IMPACTS

The proposed regulatory amendments are not expected to result in net additional costs above the costs to comply with the existing regulat ion or for manufacturers to comply with federal requirements. Adoption of staff’s pro posal is actually expected to benefit high performance engine manufacturers by providing them with a less expensive alternative to the catalyst-based 5.0 g/kW-hr HC+NO x exhaust standard that they would not otherwise have under the existing regulation. Additionally, the proposed CO standards, NTE limits, and jet boat requirements ar e nearly identical to those proposed federally and would not necessitate additional cost s or efforts above those required to comply with the federal requirements. Therefore, s taff maintains that the proposed amendments would have no adverse impacts on busines s competitiveness, California employment, or on business creation, elimination, a nd expansion. Furthermore, if any manufacturer determines that compliance with the ex isting regulation is more economically advantageous than staff’s proposed ame ndments for high performance manufacturers, that manufacturer is still able to c hoose to comply with the exhaust emission standards of the existing regulation. Thi s section discusses, in greater detail, the potential cost and economic impacts of staff’s proposed amendments.

6.1. Legal Requirement

Sections 11346.3 and 11346.5 of the Government Code require State agencies to assess the potential for adverse economic impacts o n California business enterprises and individuals when proposing to adopt or amend an y administrative regulation. The assessment shall include a consideration of the imp act of the proposed regulation on California jobs, business expansion, elimination, o r creation, and the ability of California business to compete.

State agencies are required to estimate the cost or savings to any state or local agency,

and school districts. The estimate is to include a ny nondiscretionary cost or savings to local agencies and the cost or savings in federal f unding to the state.

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6.2. Affected Businesses

Staff does not expect any business to be adversely affected by the proposed amendments to the regulation, including those perta ining to farm or agriculture. Staff’s amendments would provide greater flexibility for an y high performance marine engine manufacturer or boat builder to comply with the reg ulation. Boat owners are not likely to be adversely affected because vessels with high per formance engines are primarily used in recreational applications and are not typic ally employed to support the livelihood

of California residents. The amendments are direct ed at manufacturers, so docks, ports, and fishing and boating stores are not expec ted to be adversely affected by staff’s proposal; in fact, the amendments may indirectly be nefit them since the amendments are meant to facilitate compliance for the marine i ndustry.

6.2.1. Estimated Costs to Engine Manufacturers

An additional cost to the manufacturer would occur from the incorporation of carbon canisters ($50.00 to $150.00 per carbon canister on average) and low-permeation evaporative tubing ($0.40 to $0.60 per foot hose le ngth on average). However, these incremental costs will be more than offset by the r elaxation of requirements to introduce high performance engines that comply with the 5.0 g /kW-hr HC+NOx exhaust standard (i.e., most probably equipped with catalytic conver ters, which were estimated in the 2001 action to cost from $756 to $1231 per engine ( ARB 2001)).

6.2.2. Potential Impacts on Business

Staff does not expect any business to be adversely affected by the proposed amendments to the regulation. The evaporative cont rol technology to be incorporated is readily available, generally inexpensive compared t o catalytic converters, and would not require special expertise. The proposed amendments are likely to benefit manufacturers because they generally facilitate com pliance and are a potentially less expensive alternative for complying with the regula tion. High performance marine engines are primarily used in recreational applicat ions and do not typically support the

livelihood of California residents. As mentioned a bove, the amendments are directed at manufacturers, so docks, ports, and fishing and boa ting stores are not expected to be adversely affected by staff’s proposal. Staff’s pr oposal to adopt CO standards and NTE limits is the same as the federal proposal. For al l these reasons, no adverse effect on

businesses would occur.

6.2.3. Potential Impact on Business Competitiveness

The proposed amendments are not expected to have a significant impact on the ability of California businesses to compete with businesses in other states since any engine produced in, or imported into, the State must compl y with the proposed requirements. Furthermore, the recent enactment of AB 695 by the California Department of Motor Vehicles to modify the boat registration process in California promotes a level playing field for California dealerships by denying the reg istration of boats purchased outside the State with engines not certified for sale in Ca lifornia. Staff does not expect that any business will suffer a competitive disadvantage fro m the proposed amendments. The

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evaporative control technologies are readily availa ble and/or easily implementable, comparatively inexpensive, and would not require sp ecial expertise. High performance marine engines are primarily used in recreational a pplications and do not typically support the livelihood of California residents. As noted previously, docks, ports, and fishing and boating stores are not expected to be a dversely affected by staff’s proposal,

since the amendments are directed at manufacturers. To the extent that the amendments reduce compliance costs to the marine in dustry, the docks, ports, and fishing and boating stores could also benefit.

6.2.4. Potential Impact on Employment

The proposed amendments are not expected to cause a noticeable change in California employment. In fact, they could help preserve Cali fornia jobs to some extent, by making it easier for small California business to c ontinue to compete in the high performance SD/I market. The evaporative control te chnologies and supplemental measures required are readily available and/or easi ly implementable, comparatively inexpensive, and would not require special expertis e. The adoption of staff’s proposal is expected to benefit manufacturers who would otherwi se have to comply with a more expensive option or stop selling engines in Califor nia.

6.2.5. Potential Impact on Business Creation, Elimi nation or Expansion

The proposed amendments are not expected to have a noticeable impact on the status of California business creation, elimination, or ex pansion. The evaporative control technologies and supplemental measures required are readily available and/or easily implementable, comparatively inexpensive, and would not require special expertise.

6.2.6. Potential Impact on Small Businesses

The proposed amendments are not expected to have a noticeable impact on the status of California businesses including small businesses ; however, adherence to the existing requirements for high performance engines with aver aging could result in severe financial hardship for some small businesses (see s ubsection 4.1). The evaporative control technologies and supplemental measures requ ired are readily available and/or easily implementable, comparatively inexpensive, an d would not require special expertise.

6.3. Potential Costs to Local and State Agencies

Staff believes the proposed requirements are the mo st cost-effective means of achieving emission reductions of the same magnitude as the existing regulation. Staff is proposing amendments that would allow greater fl exibility for businesses (high performance engine manufacturers specifically) to c omply with the regulation at reduced

cost and without a reduction in emission benefits a s required by the existing regulation. The only costs to State government as a result of t he proposed amendments would be to ARB for implementing the new regulatory requirem ents and possibly for additional staff time to evaluate aftermarket replacement part s for SD/I marine engines. We anticipate that the implementation costs could be a bsorbed within the existing ARB

### 33

budget for the current fiscal year 2008/2009; howev er, an additional 11⁄4 to 11⁄2 PY could be needed for future fiscal years 2009/2010 and 201 0/2011 to address a potential increase in the number of new applications to be re viewed. This would result in an estimated range of $150K to $180K using the current basis of $120K per PY. Although ARB is already responsible for verifying the implem entation of the existing regulations for spark-ignition marine engines, an undetermined number of additional manufacturers will begin complying for the first time in 2009; th us, the hiring of additional staff could be necessary if significant increases to workload occu r as a result of staff’s proposed compliance flexibility option and alignment with ne w U.S. EPA requirements. The proposed amendments are not expected to result in a n overall increase in costs for local agencies.

7. REGULATORY ALTERNATIVES

The staff evaluated various alternatives to the cur rent proposal. A brief description of the alternatives and staff’s rationale for finding them unsuitable follows below.

7.1. Preserve Existing High Performance Engine Requ irements

The first alternative to this proposal would be to not modify the existing California spark-ignition marine engine regulations. As noted in Section 4.1.1., the existing regulation contains an averaging provision that uni ntentionally puts small volume high performance engine manufacturers at a competitive d isadvantage that could result in their businesses closing. Therefore, staff rejecte d this alternative.

7.2. Wait for the Adoption of Federal Regulations

Although U.S. EPA has published a Notice of Propose d Rulemaking for inboard and sterndrive engine standards, including CO standards and NTE limits, the federal requirements are not expected to be implemented unt il 2010 at the earliest. Furthermore, the emission requirements being consid ered federally for high performance engines would be less stringent than th ose already adopted by California or the alternatives proposed in this staff report. Considering that California has had regulations for high performance engines in place s ince 2001, and that staff’s proposed amendments preserve the emission benefits of those requirements in the absence of a federal requirement (at least through 2010), postpo ning these amendments would only serve to deny reasonable compliance flexibility to the regulated industry.

The advantage of a national regulation is harmoniza tion. Manufacturers would have to comply with only one set of regulations for all nat ionwide sales. The disadvantage of relying on the federal rulemaking is largely one of uncertainty and timing with the likelihood of lost benefits in the high performance engine sector. Staff fully intends to continue working with U.S. EPA in its development o f a federal rule to ensure consistency of standards and other requirements to the extent feasible and appropriate. However, delaying action until the federal regulati on is finalized would unnecessarily burden the marine industry by requiring it to compl y with a California standard for high performance engines for the 2009 model year that, b y and large, the marine industry appears unable to meet. Conversely, if the action was to repeal the existing standards

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and rely on U.S. EPA, the result would be a loss of emission benefits. Therefore, staff rejected this alternative.

7.3. Exempt Small Volume High Performance Engine Ma nufacturers

Although relatively few in number, high performance engines have high exhaust rates and their impact on air quality in California is no t trivial, especially during the summer season. Since the overwhelming majority of these e ngines are produced by a single manufacturer, staff considered an option to exempt the remaining small volume manufacturers from compliance with the 5.0 g/kW-hr HC+NOx standard while continuing to require the single large volume manuf acturer to meet the standard in 2009. While this would address any issues of a com petitive disadvantage for the small volume manufacturers, it would not fully constitute an emissions neutral solution compared to the existing requirements. Furthermore , U.S. EPA has not proposed to exempt small volume manufacturers from complying wi th the federal standards in part because high performance engines are discretionary products and already expensive to purchase, making the cost of emissions control more absorbable and easier to pass on to the customer (albeit U.S. EPA is not likely to r equire catalyst-based standards for these engines). Therefore, staff rejected this alt ernative.

7.4. Require All High-Performance SD/I Manufacturers to Make up Emissions

Shortfall

Staff considered proposing changes that would have allowed all high-performance SD/I

manufacturers to meet relaxed HC+NOx emissions stan dards, equip high-performance boats with enhanced evaporative controls, and also require the individual manufacturers to submit plans for making up the remaining emissio ns shortfall with supplemental measures. Upon review, staff determined that altho ugh this alternative would theoretically be emissions-neutral, implementation would be overly burdensome. Without clarity on exactly what measures would be n eeded and acceptable to the Executive Officer, manufacturers could have spent a n enormous amount of resources developing measures only to have them rejected. In the case of the small-volume manufacturers who participate only in the high-perf ormance market, their alternatives for achieving additional emissions reductions would be severely constrained, placing them at a competitive disadvantage with the dual-ca tegory manufacturer. Furthermore, even the dual-category manufacturer would be subjec t to uncertainty regarding product planning. Therefore, staff rejected this alternati ve

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8. CONCLUSIONS AND RECOMMENDATIONS

Staff’s objectives in recommending the revisions pr oposed herein to California’s spark-ignition marine regulations and test procedur es are to provide harmonization with proposed federal requirements, and to provide anoth er compliance path for larger, high performance engines that avoids a potential technic al barrier in using catalysts, and avoids an unanticipated competitive disadvantage to small volume manufacturers of these engines. The cost-effectiveness of the chang es remains positive, and manufacturers will be required to offset the small loss of emission reductions resulting from the revised tailpipe standards. A new CO stan dard applicable to both inboard and outboard recreational marine engines will help assu re no individual engine will expose

wakeboarders to excess concentrations of CO.

No alternative considered by the agency would be mo re effective in carrying out the purpose for which the amended regulation is propose d, or would be as effective as, or less burdensome, to affected private persons than t he proposed regulation. Therefore, staff recommends that the Board accepts staff’s pro posed adoption of amendments to sections 2111, 2112, and Appendix A, within Chapter 2, Article 2.1, Title 13, California Code of Regulations (13 CCR); section 2139 within C hapter 2, Article 2.3, 13 CCR, section 2147 within Chapter 2, Article 2.4, 13 CCR; sections 2440, 2441, 2442, 2443.1, 2443.2, 2443.3, 2444.1, 2444.2, and 2445, and propo sed repeal of Section 2448, within Chapter 9, Article 4.7, 13 CCR; and proposed adopti on of amendments to the following documents incorporated by reference in Section 2447 , 13 CCR: “California Exhaust

Emission Standards and Test Procedures for 2001 Mod el Year and Later Spark-Ignition Marine Engines,” as last amended September 22, 2006 , and in Section 2474, 13 CCR: “Procedures for Exemption of Add-On and Modified Pa rts for Off-Road Categories,” as adopted July 14, 2000.

### 36

9. REFERENCES

ARB 1998a: California Air Resources Board, Public Hearing to Consider Adoption of

Emission Standards and Test Procedures for New 2001 and Later Model Year Spark-Ignition Marine Engines, October 23, 1998 (St aff Report).

ARB 1998b: California Air Resources Board, Propose d Amendments to California Exhaust and Evaporative Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, September 18, 1998 (Staff Report).

ARB 2001: California Air Resources Board, Public H earing to Consider Adoption of

Emission Standards and Test Procedures for New 2003 and Later Spark-Ignition Inboard and Sterndrive Marine Engines, June 8, 2001 (Staff Report).

ARB 2003a: California Air Resources Board, Public Hearing to Consider the Adoption of Exhaust and Evaporative Emission Control Require ments for Small Off-Road Equipment and Engines Less Than or Equal To 19 kW, August 8, 2003 (Staff Report).

ARB 2003b: California Air Resources Board, Public Hearing to Consider Adoption of the Heavy-Duty Diesel Engine Software Upgrade Regul ation (Chip Reflash), September 5, 2003 (Staff Report).

ARB 2005a: California Air Resources Board, Public Hearing to Consider Amendments to the Current Inboard and Sterndrive Boat Regulati ons, September 30, 2005 (Staff Report).

ARB 2005b: California Air Resources Board, Notice of Public Hearing to Consider Requirements to Reduce Idling Emissions from New an d In-Use Trucks, Beginning in 2008, September 1, 2005 (Staff Report)

.

Assembly Bill 695: California Statutes of 2007, Ch apter 609, Adds Sections 9852.9, 9853.7, and 9853.8 to the VC, Karnette, Betty, 54 th 

### District, October 13, 2007

DBLA 2007: Double Angel Foundation, Boat-Related C arbon Monoxide (CO) Poisonings, Updated: April 2007.

ISO 8178-4: International Organization for Standard ization, Reciprocating Internal Combustion Engines, Exhaust Emissions Measurement, Part 4: Test Cycles for Different Engine Applications.

NIOSH 2007: National Institute for Occupational Sa fety and Health, Report EPHB 289- 12a, Evaluation of Carbon Monoxide Concentration Wi th and Without Catalytic Emission Controls From Gasoline Propulsion Engines, April 2007

### 37

RIA 2007: United States Environmental Protection A gency, Control of Emissions from Marine SI and Small SI Engines, Vessels, and Equipm ent, Draft Regulatory Impact Analysis, April 2007.

U.S. EPA 1996: United States Environmental Protect ion Agency, Control of Air Pollution; Final Rule for New Gasoline Spark-Igniti on Marine Engines, Exemptions for New Nonroad Compression-Ignition Eng ines at or Above 37 Kilowatts and New Nonroad Spark-Ignition Engines at or Below 19 Kilowatts; Final Rule, 61 Federal Register 52088-52169, Octobe r 4, 1996.

U.S. EPA 2007: United States Environmental Protect ion Agency, Control of Emissions from Nonroad Spark-Ignition Engines and Equipment; Proposed Rule, 72 Federal Register 28098-28393, May 18, 2007.

### A-1

APPENDIX A: SPECIFIC OUTREACH AND PUBLIC PROCESS REGARDING

THE DEVELOPMENT OF STAFF’S PROPOSAL TO AMEND THE

SPARK-IGNITION MARINE REGULATIONS

The following is a chronological listing of meeting s and other instances of dialog with the public, regulated industries, and associated organi zations:

2005 Public Board Hearing On November 17, 2005, staff proposed and the Board adopted amendments to the spark-ignition marine regulations for SD/I engines and boats. Included in those amendments was a provision allowing engine manufact urers to certify high performance engines through corporate averaging with standard p erformance engines. Representatives from the National Marine Manufactur er’s Association (NMMA) commented at that time that corporate averaging in itself might not be sufficient for all high performance engine manufacturers since many of them only produce high performance engines and therefore do not have stand ard performance engines to average. Staff had previously acknowledged this po tential deficiency in the staff report for the November 17, 2005, rulemaking, and indicate d its commitment to develop a long-term solution prior to the commencement of emi ssion requirements for these engines in 2009.

Meeting with Southern California Marine Dealers Ass ociation (SCMA) On January 16, 2007, staff met with the Board of Di rectors of SCMA to discuss how ARB’s recreational marine regulations could affect California dealerships. SCMA was concerned that the addition of catalysts and sophis ticated electronic controls on SD/I engines could cause California boats so equipped to significantly increase in price compared to similar out-of-State boats without cata lysts. In response, staff identified several major marketing incentives for buying a Cal ifornia certified inboard or sterndrive marine engine despite the prospect of a price incre ase. The incentives were that the catalyzed California engine is covered by mandatory warranty and durability by the manufacturer, it must incorporate on-board diagnost ics that quickly and accurately identify malfunctions and facilitate repairs, it mu st have a four-star label that lake

authorities could use to restrict the use of boats in the future, has an environmentally friendly engine that appeals to many Californians l ike hybrid electric cars have, and is safer to operate because of reduced carbon monoxide emissions.

Participation in the Development of Assembly Bill N o. 695 (AB 695) AB 695 was legislation authored by State Assemblywo man Betty Karnette, 54 th 

### District, and sponsored by SCMA, to protect California marine dealers from unfair competition due to the higher cost of California boats equipped with catalytic converters versus similar out-of-State boats without them. AB 695 pr oposed to add §§ 9852.9, 9853.7, and 9853.8 to the California Vehicle Code (VC) to m ake it generally illegal for a person to purchase a marine vessel outside of California f or use in California without a valid California-certified engine. AB 695 was signed int o law on October 13, 2007, and as of July 1, 2008, new boat owners are required to submi t proof that their boats contain a California-certified engine when applying for regis tration and a vessel identification

### A-2

number. AB 695 was amended several times since its introduction in February 2007, and ARB staff routinely provided input throughout t he various stages of its development.

2007 Los Angeles Boat Show On February 7, 2007, staff attended the 51st Annual Los Angeles Boat Show. The show is presented each year by SCMA and staff atten ded by invitation of Ilmor Marine Engines, LLC, a manufacturer of high performance ma rine engines, and was provided complimentary passes by SCMA. The purpose of the v isit was to converse with the represented boat dealers, educate them on the benef its of California engines versus federal engines, and to get a first hand look at so me of the new recreational marine offerings for 2007. In particular, staff focused i ts attention on dealers selling boats with high performance engines since these engines will b e regulated for the first time beginning with the 2009 model year.

Meetings with High Performance Marine Engine Manufa cturers In addition to frequent conference calls and meetin gs with NMMA and SCMA to discuss high performance related issues, staff met individu ally with representatives from Mercury Marine and Ilmor Marine Engines, LLC, sever al times between February 2007 and April 2008. During each of those meetings staf f heard the manufacturer’s concerns regarding compliance with the existing catalyst-bas ed standards (5.0 g/kW-hr NMHC+NOx) set to begin with the introduction of 200 9 model year engines. These meetings were informative and helped guide the deve lopment of staff’s proposed amendments to the existing regulations for high per formance engines.

Certification and Enforcement Guidance Meetings On March 14, 2007, staff from ARB’s regulatory, cer tification, legal, and enforcement groups met with NMMA collectively and individually to discuss the legality of business practices related to in-State and out-of-State engi ne and boat sales and distribution, engine vs. boat manufacturer liability issues, the expectations and time constraints of the certification process for catalyst equipped eng ines and on-board diagnostics, and to hear industry’s concerns regarding new replacement engines, which according to existing regulation are required to comply with cur rent year exhaust emission standards. Several member companies made presentations on the unique elements of its business practices.

Meeting with SCMA on High Performance Engines On September 11, 2007, SCMA leadership and several member companies that exclusively manufacture high performance engines me t with ARB staff to lobby for a relaxation of the 5.0 g/kW-hr NMHC+NOx catalyst-bas ed standard scheduled to begin

in 2009. SCMA asked for a relaxation of the exhaus t standard for high performance engines and a component-based approach to emissions control rather than the traditional performance-based approach. Staff repl ied that it was open to both concepts, but that any lost emissions would need to be made up via other means.

### A-3

Conference Calls with U.S. EPA On October 30, 2007, and throughout the development of the proposals in this staff report, ARB staff conferred with U.S. EPA staff reg arding changes to, and alignment with, the federal proposal for spark-ignition marin e engines and boats. Included among the discussion topics were high performance engine standards, production line testing, OBD-M, NTE standards, and the extension of catalyst -based standards to jet boat applications.

Meeting with NMMA On December 17-18, 2007, staff met with NMMA manage ment and several member companies to discuss high performance engine standa rds and remediation methods for any loss of benefits resulting from a relaxed exhau st standard. Some of the remediation methods discussed included an early introduction of evaporative standards proposed by U.S. EPA for high performance engines and the in-us e replacement of fuel hoses with low-permeation hoses. Also discussed was the lifec ycle extension of the base 4.3 liter engine by General Motors.

Workshop Notice On February 21, 2008, ARB emailed listserv subscrib ers and posted a document on its

website at http://www.arb.ca.gov/msprog/mailouts/msc0803/msc08 03.pdf announcing that a public workshop had been scheduled for March 18, 2008, to discuss proposed changes to the spark-ignition marine engine and boa t regulations. The document went into some detail regarding the changes being consid ered by staff and provided the logistics for the meeting and outlined the processe s for commenting on staff’s proposal.

Meetings with Jet Boat Manufacturers In separate meetings on March 11, 2008, staff spoke with representatives from Bombardier and Yamaha to discuss proposed changes t o California’s spark-ignition marine engine and boat regulations that would requi re jet boat engines previously certified to the applicable OB/PWC standards to be certified to the significantly more stringent SD/I standards.

NMMA Pre-Workshop Conference Call On March 13, 2008, staff received verbal feedback f rom NMMA regarding the regulatory revisions proposed by staff in the February 21, 200 8, workshop notice. Staff used this information to fine tune its proposal prior to the workshop.

2008 Public Workshop (Webcast) On March 18, 2008, staff held a public workshop to discuss modifications to California’s existing spark-ignition marine engine and boat regu lations. The workshop was webcast

to reach a wider audience than was able to attend i n person. The discussion included a presentation by staff of proposed changes to the ex haust standards for high performance engines, an early introduction of evapo rative control requirements for high performance engines, the incorporation of CO standa rds and NTE limits, adoption of general and hardship compliance assitance provision s, revised new replacement engine provisions, and more. Additional presentations wer e made by both the manufacturer

### A-4

and supplier of carbon canisters that could be made available to the industry in the timeframe required for compliance with staff’s new proposals. A copy of staff’s presentation may be found at http://www.arb.ca.gov/msprog/offroad/recmarine/si_m arine_workshop_03182008.pdf

.

Certification Outreach Meeting On April 22, 2008, ARB staff held a meeting to educ ate manufacturers of high performance engines on the various aspects of certi fying their engines for the 2009 model year and beyond. The majority of high perfor mance engine manufacturers are small business operations that sell less than fifty engines per year in California and have no previous experience with the certification process. Since many of these

manufacturers do not have the resources to hire ded icated certification staff, ARB staff felt it warranted to provide outreach to this segme nt of the industry to facilitate compliance with the certification process.

### B-1

APPENDIX B: LETTER FROM THE MANUFACTURERS OF EMISSION

CONTROLS ASSOCIATION REGARDING HIGH PERFORMANCE

ENGINES

Manufacturers of Emission Controls Association

1730 M Street, NW

Suite 206 Washington, DC 20036-5603 (202) 296-4797 FAX: (202) 331-1388

May 16, 2008

Scott Rowland

Mobile Source Control Division

California Air Resources Board

9528 Telstar Ave. El Monte, CA 91731

Dear Mr. Rowland:

This letter is in response to your request regardin g ARB’s proposed emission regulations for new spark-ignited marine e ngines and boats that were presented at the March 18 th 

### workshop. MECA has reviewed the latest proposal and participated in the March w orkshop. MECA supports ARB’s approach to harmonize California’s s park-ignition marine standards with those proposed by U.S. EPA fo r gasoline

certification of THC + NOx. We also believe that t he proposed CO limits for stern drive and inboard (SD/I) engines a bove and below 373

kW are reasonable and can be met with the same thre e-way catalyst (TWC) converters already used on California engines

.

With respect to high performance engines (> 373 kW) , we agree with staffs proposed approach to relax the 5.0 g/kW-hr e xhaust standard for NMHC + NOx in exchange for the incorporation of evaporative control systems on vessels equipped with high perfo rmance engines beginning in 2009. Evaporative control technology has been successfully incorporated on passenger vehicles for over 30 years and

has advanced to allow automobiles to meet the zero evaporative emissions required by California’s LEV II PZEV emis sion limits. We see no reason why these performance marine vessels can not benefit from the same technology as other SI vehicles and e ngines to achieve ultra low evaporative emissions.

### B-2 MECA agrees with Staff’s conclusion that the operat ing conditions of these high performance engines are not ideal for op timal performance of three-way catalysts. TWC catalysts are designed for peak conversion efficiencies of all three major criteria pollutants (HC, CO and NOx) at or near the stoichiometric air/fuel rat ion of 14.65. Although advances in catalyst technologies designed with improved oxygen storage capacity have facilitated the broade ning of this high conversion window, the range for > 90% conversion e fficiencies

remains between an air/fuel ratio of 14.5 to 14.7. Automotive engine

combustion control has also advanced to control air /fuel operation within this narrow range. The wide-open throttle a nd high speed operation of high performance marine engines has re quired engine

calibrations in the fuel-rich side of the stoichiom etric air/fuel ratio. Although this is ideal for the reduction of NOx wit h a TWC, the oxidation of HC and CO is likely to be compromised making it difficult to meet the proposed HC + NOx combined target. Fur thermore, the oxygen storage materials used in TWCs require perio ds of lean A/F operation in order to allow the oxygen storage func tion to regenerate. Long term operation on either side of the stoichiom etric A/F ratio provides challenges for high TWC conversion of all three criteria pollutants. We believe that the proposed trade-off of exhaust emissions in exchange for equal reductions of evapo rative emissions for this specialized class of marine vessels is a g ood approach that MECA and our members support.

We hope this information is helpful and please feel free to contact me

if we can be of further assistance.

Best regards,

Dr. Rasto Brezny Deputy Director

# ATTACHMENT A

PROPOSED REGULATION ORDER

Title 13 California Code of Regulations

AA-1

### PROPOSED REGULATION ORDER

Proposed Amendments to the California Regulations f or New 2009 and Later

Spark-Ignition Marine Engines and Boats

NOTE: This document is written in a style to indica te changes from the existing

provisions. All existing language is indicated by plain text. All additions to language are indicated by underlined text. All deletions to language are indicated by strikeout . Only those portions containing the suggested modifications from existing provisions are included . All other portions remain unchanged and are indicated by the symbol “* * * * *” for reference.

Amend sections 2111, 2112, Appendix A to Article 2. 1, 2139, 2147, 2440, 2441, 2442, 2443.1, 2443.2, 2443.3, 2444.1, 2444.2, 2445.1, 244 5.2, and 2446, and delete section 2448, title 13 California Code of Regulations, to r ead as follows:

Chapter 2. Enforcement of Vehicle Emission Standar ds and Surveillance Testing

Article 2.1. Procedures for In-Use Vehicle Volunta ry and Influenced Recalls

§ 2111. Applicability.

(a) These procedures shall apply to:

* * * * *

(4) California-certified 2008 model year spark-igni tion sterndrive/inboard marine engines with maximum rate d power less than or equal to 373 kilowatts complying with the O ption 2 requirements in Section 2442(b)(1) and all California-certified 2009 and subsequent model-year spark-ignition sterndrive / inboard and marine engines. complying with the Option 1 requirements in

Section 2442(b)(1) and California

- certified 2008 and subsequent

model

- year spark

- ignition inboard and sterndrive marine engines complying with the Option 2 requirements in Section 2442(b)(1).

* * * * *

Note: Authority cited: Sections 39600, 39601, 43013 , 43018 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43018, 4 3101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.

### - 3 -

§ 2112. Definitions.

(a) "Capture rate" means ...

* * * * *

(l) "Useful life" means, for the purposes of this a rticle:

* * * * *

(20) For 2004 and subsequent model-year heavy heavy -duty diesel engines, 2004 and subsequent model-year heavy-duty diesel urban buses, 2004 and subsequent model-year heavy-duty di esel engines to be used in urban buses, and 2004 and subsequent model year hybrid-electric urban buses for carbon monoxide, pa rticulate, and oxides of nitrogen plus non-methane hydrocarbon emi ssions standards, a period of use of 10 years or 435,000 m iles, or 22,000 hours, whichever first occurs, or any alternative u seful life period approved by the Executive Officer, except as provid ed in paragraphs (19)(i) (20)(A) and (19)(ii) (20)(B)

.

(i) (A) The useful life limit of 22,000 hours in paragraph (19) of this

definition is effective as a limit to the useful li fe only when an accurate hours meter is provided by the manufacture r with the engine and only when such hours meter can reaso nably be expected to operate properly over the useful lif e of the engine.

(ii) (B) For an individual engine, if the useful life hours limit of 22,000 hours is reached before the engine reaches 1 0 years or 100,000 miles, the useful life shall become 10 y ears or 100,000 miles, whichever occurs first, as required under Clean Air Act section 202(d) (42 U.S.C. 7521(d)).

* * * * *

### - 4 - (23) (A) For California-certified 2009 2008 and subsequent model year spark-ignition sterndrive/ inboard and sterndrive marine engines with maximum rated power less than or equal to 373 kilowatts and complying with the Option 1 2 requirements in Section 2442(b)(1),

and for California-certified 2008 2009 and subsequent model-year spark-ignition sterndrive/ inboard and sterndrive marine engines complying with the Option 2 requirements in Section 2442(b)(1) with a maximum rated or maximum engine power less than o r equal to

485 kilowatts , a period of ten years or 480 hours, whichever fir st

occurs. for e ngines 485 kilowatts and less.

(B) For California-certified 2009 and subsequent model year spark-ignition sterndrive/inboard marine engines greater than 485 kilowatts, a period of one year or 50 hours, wh ichever first occurs. Manufacturers of spark-ignition sterndrive /inboard marine engines greater than 485 kilowatts may petition the Executive Officer for a approval of a shorter period when app ropriate.

* * * * *

Appendix A to Article 2.1

California In-Use Vehicle Emission-Related Recall P rocedures, Enforcement Test Procedures, and Failure Reporting Procedures for 19 82 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, Medium-Duty Vehi cles, Heavy-Duty Vehicles and Engines, Motorcycles, 1997 and Subsequent Model-Yea r Off-Road Motorcycles and All-Terrain Vehicles, 2000 and Subsequent Model-Yea r Off-Road Compression-Ignition Engines, and 2008 and Subsequent Model-Year Spark-I gnition Inboard and

Sterndrive/Inboard Marine Engines.

Vehicle and Engine Parameters, Components, and Spec ifications

I. Passenger Car, Light-Duty Truck, Medium-Duty Veh icle, Motorcycle, and Inboard and Sterndrive Parameters and Specifications.

* * * * *

F. Engine Cooling System: Thermostat calibration.

456 G. Exhaust Emission Control system.

* * * * *

Note: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43104, 43105 and 43806, Health and Safety Code; and Section 28114, V ehicle Code. Reference: Sections 39002, 39003, 39500, 43000, 430 09.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43202, 43204-43205.5, 43206,

### - 5 -

43210, 43211, 43212, 43213 and 43806, Health and Sa fety Code; and Section 28114,

Vehicle Code.

(Operative < Insert Date >) Chapter 2. Enforcement of Vehicle Emission Standar ds and Surveillance Testing

Article 2.3. In-Use Vehicle Enforcement Test Proce dures

§ 2139. Testing.

* * * * *

(h) For spark-ignition inboard and sterndrive/inboard marine engines, in-use compliance tests shall be performed pursuant to sec tion 2442, Title 13, California Code of Regulations. The in-use complia nce testing shall use the same test procedure utilized for the specific e ngine's original certification testing.

* * * * *

Note: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43009.5, 4 3013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43107, 43204-43205.5 and 43211-43213, Health and Safety Code.

### Chapter 2. Enforcement of Vehicle Emission Standar ds and Surveillance Testing

Article 2.4. Procedures for Reporting Failures of Emission-Related Components

* * * * *

§ 2147. Demonstration of Compliance with Emission S tandards.

* * * * *

(b) A manufacturer may test properly maintained in- use vehicles with the failed emission-related component pursuant to the a pplicable certification emission tests specified in Title 13, California Co de of Regulations, Section 1960.1 or 1961, as applicable, for passenge r cars, light-duty trucks and medium-duty vehicles, Section 1956.8 for heavy-duty engines and vehicles, Section 1958 for motorcycles, and Sec tion 2442 for inboard

and sterndrive/inboard marine engines. The emissions shall be projected to the end of the vehicle's or engine's useful life using in-use deterioration

factors. The in-use deterioration factors shall be chosen by the manufacturer from among the following:

* * * * *

Note: Authority cited: Sections 39600, 39601 and 43 105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 4 3104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.

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

Article 4.7. Spark-Ignition Marine Engines

§ 2440. Applicability.

(a)

* * * * *

(3) Spark-ignition inboard and sterndrive/inboard marine engines produced by the engine manufacturer to be used sole ly for competition are exempt from the requirements of thi s article, except section 2443.1, provided that the marine watercraft in which the engine is installed is designed, built, and used so lely for competition. Marine watercraft not registered with a nationally-recognized organization that sanctions p rofessional competitive events or used for amateur or occasiona l competition do not meet the competition exemption criteria.

* * * * *

Note: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 8 -

§ 2441. Definitions.

(a)

* * * * *

(5) “Boat manufacturer,” as it applies in Section 2 442(b), means any person or business entity engaged in the manufacturing, assem bling, or importing of new vessels equipped with inboard or sterndrive/inboard engines for sale in California, or engaged in the sale, offer for sale, introduction, delivery or importation of such vessels into California for int roduction into commerce.

Included are those who act for and are under the co ntrol of any such person or business entity in connection with the distribution of such vessels. The term boat manufacturer does not include any person or busines s entity whose sole

activities are the direct sale of said vessels to u ltimate purchasers or the servicing of said vessels.

* * * * *

(21) “Enhanced Evaporative Control System” means an integration of evaporative control hardware including activated carbon caniste rs, low permeation fuel hoses, and non permeable fuel tanks designed to comply wit h the diurnal and permeation standards in Table 2.2 of § 2442(b)(2).

(21 22 ) “Exhaust emissions” means matter emitted into the environment from any opening downstream from the exhaust port of a spark -ignition marine engine.

(22 23 ) “Executive Officer” means the Executive Officer o f the Air Resources Board or his or her authorized representative.

(23 24 ) “Executive Order” means an order issued by the Ex ecutive Officer certifying engines for sale in California.

(24 25 ) “Family Emission Limit” means an emission value a ssigned by a marine engine manufacturer to an engine family for the pur pose of complying with a corporate average exhaust emission standard. The F amily Emission Limit (FEL) must not exceed the limit specified in this Article

.

(25 26 ) “Fuel system” means all components involved in th e transport, metering,

and mixture of the fuel from the fuel tank to the c ombustion chamber(s) including, but not limited to the following: fuel tank, fuel t ank cap, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injec tion components, and all fuel
system vents.

(26 27 ) “Fuel trim” refers to feedback adjustments to the base fuel schedule. Short-term fuel trim refers to dynamic or instantan eous adjustments. Long-term fuel trim refers to much more gradual adjustments t o the fuel calibration schedule

### - 9 -

than short-term trim adjustments. These long-term adjustments compensate for engine differences and gradual changes that occur o ver time.

(27 28 ) “Functional check” for an output component means verification of proper response to a computer command. For an input compo nent, functional check means verification of the input signal being in the range of normal operation, including evaluation of the signal's rationality in comparison to all available

information.

(29) “High Performance Engine” or “High Performance SD/I Engine” means a spark-ignition sterndrive/inboard marine engine wit h maximum engine power greater than 373 kilowatts.

(28) “Inboard Engine” means a four

- stroke spark

- ignition marine engine not used

in a personal watercraft that is designed such that t he propeller shaft penetrates the hull of the marine watercraft while the engine and the remainder of the drive

unit is internal to the hull of the marine watercra ft.

(29 30 ) “Inspection criteria” means the pass and fail num bers associated with a particular sampling plan.

(31) “Jet boat” means a vessel that uses an install ed internal combustion engine powering a water jet pump as its primary source of propulsion and is designed with open area for carrying passengers.

(32) “Large Volume Dual Category Manufacturer” mean s an engine manufacturer that produces both high performance and standard pe rformance sterndrive/inboard engines for sale in California i n combined quantities greater than 75 units annually.

(30) (33) “Low-permeation fuel line (or supply) hose” means a fuel hose that does not exceed a 15.0 grams per square meter per day pe rmeation rate on CE10 fuel at 23o Celsius, as tested per SAE J1527.

(31) (34) “Malfunction” means the inability of an emission-r elated component or system to remain within design specifications. Fur ther, malfunction refers to the deterioration of any of the above components or sys tems to a degree that would likely cause the emissions of an aged engine with t he deteriorated components or systems present at the beginning of the applicab le certification emission test to

exceed the HC+NO
x



### emission standard by more than 50 percent, unless otherwise specified, as applicable pursuant to Subc hapter 1 (commencing with Section 1900), Chapter 3 of Title 13.

(32) (35) “Marine engine manufacturer” means any person enga ged in the manufacturing or assembling of new spark-ignition m arine engines or the importing of such engines for resale, or who acts f or and is under the control of any such person in connection with the distribution of such engines. A spark-ignition marine engine manufacturer does not include any dealer with

### - 10 -

respect to new spark-ignition marine engines receiv ed by such person in

commerce.

(33) (36) “Marine warm-up cycle” means sufficient engine ope ration such that the coolant temperature has risen by at least 40 degree s Fahrenheit from engine starting and reaches a minimum temperature of at le ast 140 degrees Fahrenheit.

(34) (37) “Marine watercraft” means every description of boa t, ship or other artificial contrivance used, or capable of being op erated on water.

(38) “Marinize” means to modify an existing automob ile engine to operate reliably in a marine environment. Some typical modification s include upgrading the composition of exhaust components to be more resist ive against rust and corrosion, incorporating a water jacket within the exhaust manifolds to reduce temperatures, and providing better insulation for e lectrical contacts that might otherwise be exposed to corrosive sea water.

(39) “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 t he mapping procedures of 40 CFR part 1065, based on the manufacturer’s desig n and production specifications for the engine. This information ma y 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 va riability. The power value

should be rounded to the nearest whole kilowatt. E xcept as indicated below in paragraphs (A) and (B) of this definition, the maxi mum engine power for an engine family is the weighted average value of maxi mum engine power for each engine configuration within the engine family based on the total California production volume of engines produced from the engi ne family. Alternately:

(A) For outboard or personal watercraft engines, ma ximum engine power is the greatest value for maximum engine power from all the different configurations within the engine family to determin e the appropriate emission standard under § 2442(a).

(B) For sterndrive/inboard engines, maximum engine power is the smallest value for maximum engine power from all the differe nt configurations within the engine family to determine the standards and other requirements that apply under § 2442(b).

(35) (40) “Maximum Rated Power” means the maximum brake kilo watt output of an engine at rated speed, as stated in the manufact urer’s application for

certification.

### - 11 -

(41) “Maximum Test Speed” means:

(A) the engine speed during sustained operation wit h maximum operator demand when testing other than a two-stroke engine installed in a vessel,

or

(B) the same as defined in 40 CFR 1045.501 and 40 C FR 1065.1001 when testing a two-stroke engine installed in a ves sel or any engine on an engine dynamometer.

For the purposes of laboratory testing, the declare d maximum test speed must be within 500 revolutions per minute of the measured v alue for maximum test speed specified in the test procedures.

(36) (42) “Model year” means the engine manufacturer’s annua l new model production period which includes January 1 of the c alendar year for which the model year is named, ends no later than December 31 of the calendar year, and does not begin earlier than January 2 of the previo us calendar year. Where an engine manufacturer has no annual new model product ion period, model year means the calendar year.

(37) “New

, ”, for purposes of this Article, means a spark

- ignition marine engine or watercraft the equitable or legal title to which ha s neve r been transferred to an ultimate purchaser. Where the equitable or legal t itle to the engine or watercraft is not transferred to an ultimate purchaser until a fter the engine or watercraft is placed into service, then the engine or watercraft will no long er be new after it is placed into service. A spark

- ignition marine engine or watercraft is placed into service when it is used for its functional purposes . With respect to imported spark

- ignition marine engines or watercraft, the term “ne w” means an engi ne or watercraft that is not covered by an Executive Orde r issued under this Article at the time of importation, and that is manufactured a fter the effective date of a section in this Article which is applicable to such engine or watercraft, or which

would be applicable to such engine or watercraft had it been manufactured for importation into the United States.

(43) “New Propulsion Marine Engine” or “New Engine” or “New,” – for purposes of this Article, means any of the following:

(A) A freshly manufactured propulsion marine engine for which the ultimate purchaser has never received the equitable or legal title. This kind of engine might commonly be thought of as ‘‘br and new.’’ In the case of this paragraph (A), the engine is new from the t ime it is produced until the ultimate purchaser receives the title or the pr oduct is placed into service, whichever comes first.

(B) An engine intended to be used as a propulsion m arine engine that was originally manufactured as a motor vehicle engine, a nonroad engine that is not a propulsion marine engine, or a stationary engine. In this case, the

### - 12 - engine is no longer a motor-vehicle, nonpropulsion, or stationary engine and becomes a ‘‘new propulsion marine engine.’’ Th e engine is no longer new when it is placed into marine service.

(C) A propulsion marine engine that has been previo usly placed into service in an excluded application, where that engi ne is installed in a vessel subject to the requirements of these regulat ions. The engine is no longer new when it is placed into marine service co vered by these regulations. For example, this would apply to an a uxiliary marine engine that becomes a propulsion marine engine.

(D) An engine not covered by paragraphs (A) through (C) of this definition

that is intended to be installed in a new vessel. This generally includes installation of used engines in new vessels. The e ngine is no longer new when the ultimate purchaser receives a title for th e vessel or the product is placed into service, whichever comes first.

(E) An imported marine engine determined by federal regulations to be new per the criteria defined in 40 CFR 1045.801 for imported propulsion marine engines.

(38) (44) “Nonconformity” or “Noncompliance, ”, for purposes of Title 13, California Code of Regulations, section 2444.1, means that:

(A) a significant number, determined by the Executi ve Officer, of a class of engines, although properly maintained and used, exp erience a failure of the same emission-related component(s) within their useful lives which, if uncorrected, results in the engines’ failure to com ply with the emission standards prescribed under section 2442 which are a pplicable to the model year of such engines; or

(B) a class of engines that at any time within thei r useful lives, although properly maintained and used, on average does not c omply with the emission standards prescribed under section 2442 wh ich are applicable to the model year of such engines.

(45) “Nontrailerable boat” means a vessel equal to or greater than 8 meters in length and 2.6 meters or more wide.

(39) (46) “Operating cycle” consists of engine startup, engi ne run, and engine

shutoff.

(40) (47) “Original equipment manufacturer” means a manufact urer who purchases engines for installation in its equipment for sale to ultimate purchasers.

(41) (48) “Outboard engine” means a spark

- ignition marine engine that, when properly mounted on a marine watercraft in the posi tion to operate, houses the

### - 13 -

engine and drive unit external to the hull of the m arine watercraft an assembly of a spark-ignition marine engine and drive unit used to propel a vessel from a properly mounted position external to the hull of t he vessel. An outboard drive unit is partially submerged during operation and ca n be tilted out of the water

when not in use

.

(49) “Personal watercraft” means a vessel less than 4.0 meters (13 feet) in length that uses an installed internal combustion engine p owering a water jet pump as its primary source of propulsion and is designed wi th no open load carrying area that would retain water. The vessel is designed to be operated by a person or persons positioned on, rather than within the confi nes of the hull. A vessel using an outboard engine as its primary source of propuls ion is not a personal

watercraft.

(42) (50) “Personal watercraft engine” means a spark

- ignition marine engine that does not meet the definition of outboard engine, in board engine or sterndrive engine, except that the Executive Officer may, in h is or her discretion, classify a personal watercraft engine as an inboard o r sterndrive engine if it is comparable in technology and emissions to an inboard or sternd rive engine a spark-ignition engine used to propel a personal watercraft

.

(43) (51) “Production-line tests” are emission tests perform ed on a sample of production engines produced for sale in California and conducted in accordance with Title 13, California Code of Regulations, sect ion 2446(a).

(52) “Rebuild” or “Rebuilding” refers to a major ov erhaul in which the engine's pistons or power assemblies are replaced or other c hanges that significantly increase the service life of the engine are made. It also includes replacing or rebuilding an engine's turbocharger or aftercooler or the engine's systems for fuel metering or electronic control so that it significa ntly increases the service life of the engine. For these provisions, rebuilding may o r may not involve removing the engine from the equipment. Rebuilding does not normally include scheduled

emission-related maintenance that the standard-sett ing part allows during the useful life period (such as replacing fuel injector s) or unscheduled maintenance that occurs commonly within the useful life period.

(44) (53) “Redline engine speed” means the engine manufactur er recommended maximum engine speed as normally displayed on instr ument panel tachometers, or the engine speed at which fuel shutoff occurs.

(45) (54) “Response rate,” with regards to oxygen sensors, r efers to the delay (measured in milliseconds) between a switch of the sensor from lean to rich or vice versa in response to a change in fuel/air rati o above and below

stoichiometric.

(46) (55) “Sales” or “Eligible sales” means the actual or ca lculated sales of an engine family in California for the purposes of cor porate averaging and production-line testing. Upon Executive Officer ap proval, an engine

### - 14 -

manufacturer may calculate its eligible sales throu gh market analysis of actual federal production or sales volumes.

(47) (56) “Scheduled maintenance” means any adjustment, repa ir, removal, disassembly, cleaning, or replacement of components or systems required by the engine manufacturer to be performed on a periodic b asis to prevent part failure or marine watercraft or engine malfunction, or thos e actions anticipated as necessary to correct an overt indication of malfunc tion or failure for which periodic maintenance is not appropriate.

(57) “Spark-ignition” means relating to a gasoline- fueled engine or any other type of engine with a spark plug (or other sparking devi ce) and with operating characteristics significantly similar to the theore tical Otto combustion cycle. Spark-ignition engines usually use a throttle to re gulate intake air flow to control power during normal operation.

(48) (58) “Spark-ignition marine engine” means any engine us ed to propel a marine watercraft, and which utilizes the spark-ign ition combustion cycle; including, but not limited to personal watercraft, outboard, inboard and

sterndrive/inboard engines.

(59) “Standard Performance Engine” or “Standard Per formance SD/I Engine” means a spark-ignition sterndrive/inboard marine en gine with maximum engine power less than or equal to 373 kilowatts.

(49) “Sterndrive engine” means a four

- stroke spark

- ignition marine engine not used in a personal watercraft that is designed such that the drive unit is e xternal to the hull of the marine watercraft, while the eng ine is internal to the hull of the

marine watercraft.

(60) “Sterndrive/inboard engine” or “sterndrive/inb oard marine engine” means a spark-ignition engine that is used to propel a vess el, but is not an outboard engine or a personal watercraft engine. This inclu des engines on propeller driven vessels, jet boats, air boats, and hovercraf t.

(50) (61) “Test engine” means the engine or group of engines that an engine manufacturer uses during certification, production- line and in-use testing to determine compliance with emission standards.

(51) (62) “Test Procedures” means the document entitled “Cal ifornia Exhaust

Emission Standards and Test Procedures for 2001 Mod el Year and Later Spark-Ignition Marine Engines,” which includes the standards and test procedures applicable to 2001 and later spark-ignit ion personal watercraft, outboard, inboard and sterndrive/inboard marine engines, as adopted October 21, 1999, and as last amended September 22, 2006 [insert date] . This document is incorporated by reference herein.

### - 15 -

(52) (63) “Ultimate purchaser” means, with respect to any ne w spark-ignition marine engine, the first person who in good faith p urchases such new spark-ignition marine engine for purposes other tha n resale.

(53) (64) “U.S.C.” means United States Code.

(54) (65) “Used solely for competition” means exhibiting fea tures that are not easily removed and that would render its use other than in competition unsafe, impractical, or highly unlikely.

(55) (66) “Useful life” for spark-ignition marine engines me ans nine years for personal watercraft engines and sixteen years for o utboard, sterndrive, and

sterndrive/ inboard engines.

(56) (67) “Warranty period” means the period of time the eng ine or part is covered by the warranty provisions.

(57) (68) “Warranty station” means any dealer, service cente r or other agent that is authorized by the engine manufacturer to perform diagnostic labor, repairs or replacements of warranted engine components.

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 16 -

§ 2442. Emission Standards.

(a) Model year 2001 and later model year spark-igni tion personal watercraft and outboard marine engines:

(1) Exhaust emissions from new spark-ignition marine e ngines manufactured for sale, sold, or offered for sale in California, or that are introduced, delivered or imported into Californ ia for introduction into commerce must not exceed the hydrocarbon plus oxides of nitrogen (HC+NO
x 

### ) exhaust emission standards listed in Table 1.1 nor the carbon monoxide (CO) exhaust emission stand ards listed in

Table 1.2 during its designated useful life:

Table 1.1

Article I. Corporate Average Emission Standards by Implementa tion Date

HC+NO
x 

### (g/kW-hr)

Model Year Max. Family

Emission Limit (FEL) P tx 

### < 4.3 kW 1 

### P tx 

### ≥ 4.3 kW 1



### 2001-2003 Not Applicable 81.00 (0.25 × (151+557/P tx 0.9 

### )) + 6.0

2004-2007 80 64.80 (0.20 × (151+557/P tx 0.9 

### )) + 4.8

2008 and Later 2 

### 44 30.00 (0.09 × (151+557/P tx 0.9 

### )) + 2.1

1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maxi mum engine power; otherwise maximum rated power may be used. 2. For 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of nitrogen.

### - 17 - Table 1.2

Outboard and Personal Watercraft Carbon Monoxide St andards

ENGINE

CATEGORY MODEL YEAR POWER

CATEGORY a

[kilowatts] 

### CO STANDARD

[grams per kilowatt-hour]



### kW ≤ 40 500 - 5 x P c


### OB/PWC b 

### 2009 and later

kW > 40 300.0

a For 2010 and subsequent model years, an engine or engine family’s power category is based on maxim um engine power; otherwise maximum rated power may be used.

b Abbreviation for “Outboard and Personal Water C raft” engines c P is defined as maximum rated power or maximum engine power (see footnote a) in kilowatts (kW)



### where:

P tx 

### is the average power in kilowatts (kW) (sales-weig hted) of the total number of spark-ignition marine engines produ ced for sale in California in model year x. Engine power must be c alculated using the Society of Automotive Engineers (SAE) standard J1228, November 1991, incorporated herein by reference. E ngine

manufacturers must not determine P tx 

### by combining the power outputs of outboard engines with the power outputs of personal watercraft engines.

(2) An engine manufacturer may comply with the standar ds directly on an individual engine family basis. Consequently in Table 1.1 , FELs are not applicable for any model year and P tx 

### means the average power in kW (sales-weighted) of the subject engine family produced for sale in California in model year x.

Compliance with the HC+NOx standards on a corporate average

basis is determined as follows:

ca

n

j jx

jx n

j jx jx jx


### STD

P PROD P FEL PROD

= 

# ∑ ∑

= =

1 1



### )

)( ( )

)( )( (



### where:

n = Total number of engine families (by category)

PROD jx 

### = Number of units each engine family j produced for

sale in California in model year x.

### - 18 - FEL jx 

### = The Family Emission Limit (FEL) for engine family j in

model year x, which must be determined by the engine manufacturer subject to the following conditions: (1) no individual engine family FEL sha ll exceed the maximum allowed value as specified in

Table 1.1 ; (2) no engine family designation or FEL shall be amended in a model year unless the engine family is recertified; and (3) prior to sale or off ering for sale in California, each engine family must be cert ified in accordance with the test procedures referenced i n section 2447 and must meet the engine

manufacturer’s FEL as a condition of the Executive Order. Before certification, the engine manufactur er must also submit estimated production volumes for each engine family to be offered for sale in Califo rnia.

P jx 

### = The average power in kW (sales-weighted) of engin e

family j produced for sale in California in model y ear x. Engine power must be calculated using SAE standard J1228, November 1991, incorporated herein by reference.

STD
ca 

### = An engine manufacturer’s calculated corporate

average HC+NO
x



### exhaust emissions from those California spark-ignition marine engines subject to the California corporate average HC+NO
x 

### exhaust

emission standard determined from Table 1.1 , as established by an Executive Order certifying the California production for the model year. This Executive Order must be obtained prior to the

issuance of certification Executive Orders for individual engine families for the model year.

(A) For purposes of compliance under this paragraph, e ngine manufacturers must not corporate average outboard e ngine families in combination with personal watercraft en gine

families.

(B) During the engine manufacturer’s production year, for each engine family, the engine manufacturer shall provid e the Executive Officer within 45 days after the last day in each calendar quarter the total number of spark-ignition marine engines produced for sale in California and their a pplicable FEL(s).

(C) The Executive Order certifying the California prod uction for a model year must be obtained prior to the issuance o f

### - 19 - certification Executive Orders for individual engin e families for the model year.

(D) The engine manufacturer’s average HC+NO
x 

### exhaust emissions must meet the corporate average standard at the end of the engine manufacturer’s production for the model year. At the end of the model year, the manufactur er must calculate a corrected corporate average using sales or eligible sales rather than projected sales.

(E) Production and sale of spark-ignition marine engin es that result in noncompliance with the California standar d for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive O rders for the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 4301 7 of the Health and Safety Code; and all other remedies avai lable under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider a ny information provided by the equipment manufacturer.

(F) For each model, the engine manufacturer shall subm it California sales data ninety (90) days after the en d of the model year.

(b) Model year 2003 and later model year spark-igni tion inboard and

sterndrive sterndrive/inboard marine engines:

(1) Exhaust emissions from all new model year 2003 and later spark-ignition inboard and sterndrive sterndrive/inboard marine engines must not exceed the exhaust emission standards listed in Table 2.1(a) and/or 2.1(b) for the designated emission durability test period.

(A) Prior to Model Year 2007 certification, each engin e manufacturer must select either Option 1 (OPT 1) or Option 2 (OPT 2) for its entire production of standard per formance engines for the 2007 and 2008 model years.

### - 20 - Table 2.1(a)

Standard Performance Inboard/ Sterndrive/Inboard Marine Engine Standards

EXHAUST STANDARDS RATED

POWER

CATEGORY 1 

### DURABILITY
NM HC 2 3 +NOx TYPE 3 4 CO 

### MODEL

YEAR

[kilowatts] 

### COMPLIANCE

OPTION 1 2

[hours / years] [grams per kilowatt-hour] [grams per kilowatt-hour] 

### SUPPLEMENTAL

MEASURE 4 5

2003 -

2006 kW ≤ 373 N/A N/A 16.0 AVE 6 None

N/A 16.0 (55%) AVE 6
OPT 1 480 / 10 5.0 (45%) FIXED None

2007 kW ≤ 373

OPT 2 N/A 14.0 FIXED Low-Permeation

Fuel Line Hoses

N/A 16.0 (25%) AVE 6
OPT 1 480 / 10 5.0 (75%) FIXED None

2008 kW ≤ 373

OPT 2 480 / 10 5.0 FIXED N/A

Low-Permeation

Fuel Line Hoses

kW ≤ 373 480 / 10 5.0 6 ,7,8 FIXED 75.0 7,9

373 < kW ≤

485 150 5 / 3 5.0 6 AVE 2009

and later

kW > 485 N/A

50 5 / 1 5.0 6 AVE Carryover 7 10

Notes: 1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maxi mum engine power; otherwise maximum rated power may be used

1 2 . Once a manufacturer has chosen an option, that option must continue to be used exclusively across product lines

2 3 . The non

- methane component o f hydrocarbon For 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of nitro gen; however, the nonmethane component of hydrocarbon may be substituted in prior years

3 4 . Corporate averaging (AVE) may be used to demons trate compliance with the exhaust emission standard , except where a FIXED standard is required

4 5 . Supplemental measures may be different than sho wn, but must provide equal and verifiable emission reductions to those indicated 5. For the purpose of du rability testing, engine components that have been approved with an hourly warranty period shorter tha n the full hourly durability period per § 2445.1 (c)(3)(C)4. may be replaced at the specified warranty interval 6. The corporate average calculation may be met w ith or without power weighting for these years

6 7 . All engines ≤ 373 kW must meet a 5.0 g/kW

- hr NMHC+NOx capping standard. For engines > 373 kW , the standard may be met by sales

- averaging with engines equal to or less

than 373 kW A single engine family certified under the disconti nuation allowance in Title 13, California Code of R egulations, § 2442(g)(2) may continue to meet curre nt certification levels for HC+NOx and no more than 150 g/kW-hr for CO over the engine’s useful life provided that the manufacturer certifying such an engine family also certifies one or more engine families to family emissions limits sufficie ntly low to enable compliance on a corporate averag e basis 8. Large volume dual category manufacturers are r equired to certify one or more engine families to a family emissions limit lower than the HC+NOx stand ard when complying with high performance engines on a corporate average basis 9. Standard performance engines ≥ 6.0 liter displacement may alternatively meet a 25 g/kW-hr standard for Modes 2-5 of the ISO 8178-4 E 4 marine test cycle

7 10 . The same or better supplemental emission contro l hardware used to meet the standard comply in 2007 must be used every model year thereafter an d all fuel hoses (i.e., not just the fuel line hose) must be low-permeation hoses



### (B) At the time of, or prior to, Model Year 2009 certi fication, each Large Volume Dual Category Manufacturer must declar e whether it will comply with the high performance ex haust standard of 5.0 g/kW-hr HC+NOx through averaging or whether it will comply with the less stringent smal l volume high performance HC+NOx exhaust standard through th e incorporation of enhanced evaporative control syste ms on vessels using standard performance engines for 2009 and subsequent model year engine production.

### - 21 - Table 2.1(b) High Performance Sterndrive/Inboard Marine Engine S tandards

HC b 

### +NOx

STANDARD

[grams per kilowatt-hour] 

### MODEL

YEAR POWER a



### CATEGORY

[kilowatts] Small Volume or

Large Volume Single Category

Manufacturer Large Volume Dual Category

Manufacturer 

### CO

STANDARD

[grams per kilowatt-hour]



### 373 < kW ≤ 485 16.0 c 

### 2009 -

2010 kW > 485 25.0 c 

### 5.0 d 

### 350.0 c



### 373 < kW ≤ 485 16.0 c 

### 2011

and later kW > 485 22.0 c 

### 5.0 d 

### 350.0 c

a For 2010 and subsequent model years, an engine or engine family’s power category is based on maxim um engine power; otherwise maximum rated power may be used b For 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of n itrogen; however, the non-methane component of hydrocarbon m ay be substituted in prior years c These standards are fixed except that engine fa milies certified under the discontinuation allowanc e in Title 13, California Code of Regulations, § 2442(g)(2) may co ntinue to meet current certification levels for HC+ NOx over the engine’s useful life provided that the manufacturer certifying such an engine family also certifies on e or more engine families to family emissions limits sufficiently lo w to enable compliance on a corporate average basis d This standard may be met on a corporate average basis between high performance engines and/or betw een standard performance and high performance engines. Alternately, large volume dual category manufactur ers may comply with the exhaust standards for small volume manufacturers provided a sufficient number of vesse ls with the manufacturer’s standard performance engines are equ ipped with enhanced evaporative control systems as noted in Title 13, California Code of Regulations, § 2442(b) (5). Manufacturers must declare their intent to us e this alternative prior to certifying engines for the 2009 model year and must continue to certify future model year eng ines using this alternative exclusively across product lines



### (C) No crankcase emissions shall be discharged into th e ambient atmosphere from 2003 and later spark-igniti on inboard and sterndrive/inboard marine engines.

(D) Production and sale of spark-ignition marine engin es that result in noncompliance with the California standar d for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive O rders for the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 4301 7 of the Health and Safety Code; and all other remedies avai lable under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider a ny information provided by the equipment manufacturer.

(E) For each engine family, the engine manufacturer sh all submit the total number of engines produced for sal e in California, or the total number of engines produced for sale nationally, ninety (90) days after the end of the m odel year.

### - 22 - (2) Evaporative Requirements for All High Performance Engine

Manufacturers and Boat Manufacturers:

(A) For 2009 and subsequent model year engines, each e ngine manufacturer must provide written instructions, as part of the installation materials provided to boat manufacture rs, to use enhanced evaporative control systems on any boat th at is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into C alifornia for introduction into commerce. The engine manufacture r shall also provide evidence that the supplier(s) of the e nhanced evaporative control system has designed the system components to meet or exceed the diurnal and permea tion design specifications listed in Table 2.2 throughou t the useful life of the engine.

Table 2.2 Sterndrive/Inboard Marine Evaporative Des ign Specifications

PERMEATION

STANDARDS 1

[grams per square meter per day] 

### DIURNAL

STANDARD 2

[grams per gallon per day] 

### TEST

TEMPERATURES

[degrees Celsius]



### Fuel Hoses 15.0 — 23 ± 2

Fuel Tank

1.5 — 28 ± 2

Trailerable Boat — 0.40 25.6 – 32.2

Nontrailerable Boat — 0.16 27.6 – 30.2

1. Fuel hoses and tank permeation testing requires fuel with 10% ethanol content. 2. Diurnal testing requires fuel with 9 pounds per square inch (psi) Reid Vapor Pressure volatility an d a 24-hour fuel temperature cycle.



### (B) For 2009 and subsequent model year engines, each b oat manufacturer must install an enhanced evaporative c ontrol system on every boat that is manufactured for sale, sold, or offered for sale in California that uses a high per formance engine.

(3) (2) Compliance with the standards on a corporate avera ging basis

is calculated as follows:

Average Corporate

PROD EL PROD

n

j jx n

j jx

jx



### = 

# ∑ ∑

= =

1 1



### ) ( ) )( (

### - 23 - Average Corporate
) P )( PROD ( )

P )( EL )( PROD (

n

1 j jx

jx n

1 j jx jx jx



### = 

# ∑ ∑

= =



### where:

n = Total number of engine families available for

averaging

PROD jx 

### = Number of engines in engine family j produced for

sale in California in model year x.

EL jx 

### = The measured NM HC+NOx emission levels for

engine family j in model year x; or for engines > 485 kW, the manufacturer may choose to use 30 g/kW

- hr as per paragraph (F) below

.

P jx 

### = The average power in kW (sales-weighted) of engin e

family j produced for sale in California in model y ear x. Engine power must be calculated using SAE standard J1228, November 1991, incorporated herein by reference. (A) During the engine manufacturer’s production year, for each engine family, the engine manufacturer shall provid e the Executive Officer within 45 days after the last day in each calendar quarter the total number of spark-ignition marine engines produced for sale in California and their a pplicable EL(s).

(B) The Executive Order certifying the California prod uction for a model year must be obtained prior to the issuance o f certification Executive Orders for individual engin e families for the model year.

(C) The engine manufacturer’s average NM HC+NO
x 

### exhaust emissions must meet the corporate average standard at the end of the engine manufacturer’s production for the model year. At the end of the model year, the manufactur er must calculate a corrected corporate average using sales or eligible sales rather than projected sales.

(D) Production and sale of spark-ignition marine engin es that result in noncompliance with the California standar d for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive O rders for

### - 24 - the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 4301 7 of the Health and Safety Code; and all other remedies avai lable under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider a ny information provided by the engine manufacturer.

(E) For each engine family, the engine manufacturer sh all submit California sales data within one hundred eig hty (180) days after the end of the model year.

(F) Engines exceeding 485 kilowatts maximum rated powe r: In lieu of exhaust emission testing, manufacturers may certify using a default exhaust emissions level of 30.0 gra ms per kilowatt

- hour of NMHC+NO
x 

### in their corporat e averaging

calculation. (3)

(4) Alternate Requirements for Standard Performance Ma nufacturers:

(A) Requirements of engine manufacturers and boat manufacturers under Option 2 and using Low Permeati on Fuel Line Hose:

(A)

1. Each engine manufacturer that chooses Option 2 mus t

provide written instructions, as part of the instal lation materials provided to purchasers of the engine, to use Low Permeation Fuel Line Hose for the primary fuel line connecting the fuel tank to the engine of any boat that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imp orted

into California for introduction into commerce.

(B)

2. Each boat manufacturer must install Low Permeation

Fuel Line Hose for the primary fuel line connecting the fuel tank to the engine of any boat that is manufac tured for sale, sold, or offered for sale in California t hat uses an engine from a manufacturer that chooses Option 2

.

(4) (B) Supplemental Measures. Prior to Model Year 2007

certification, manufacturers choosing Option 2 may request Executive Officer approval of a supplemental measur e as an alternative to meeting the requirements of paragrap h (b)(3).

### - 25 - In determining whether to approve a request, the Ex ecutive Officer will consider the following:

(A) 1. Whether the proposed supplemental measure would

achieve reductions in NM HC+NO
x 

### equivalent to using Low-Permeation Fuel Line Hoses,

(B) 2. The engine manufacturer’s measures to ensure

successful implementation of the proposed supplemen tal

measure,

(C) 3. The durability of the proposed supplemental measur e,

and

(D) 4. Any additional information the Executive Office r deems

relevant.

(5) Alternate Requirements for Large Volume Dual Categ ory Manufacturers.

In lieu of complying with the 5.0 g/kW-hr HC+NOx ex haust standard in Table 2.1(b) for high performance engines, large volume dual category engine manufacturers may certify high perf ormance engines to the same HC+NOx exhaust standards as req uired for small volume manufacturers in Table 2.1(b) provided that a sufficient number of boats using standard performan ce engines are equipped with enhanced evaporative control systems to fully compensate for the change in emission benefits from allowing compliance to the less stringent standard. Unless a lower percentage is demonstrated sufficient by the certif ying manufacturer, a minimum of fifteen percent annually of the large volume dual category manufacturer’s standard perfor mance engine production for California must be installed in boat s equipped with enhanced evaporative control systems. Beginning wi th the 2009 model year and for all model years thereafter, the following would apply:

A. Each engine manufacturer must provide written in structions, as part of the installation materials provided to p urchasers of the engine, to use enhanced evaporative control sys tems on any boat that is manufactured for sale, sold, or of fered for sale in California, or that is introduced, delivere d or imported

into California for introduction into commerce that uses a standard performance engine intended to qualify the engine manufacturer to certify its high performance engine s using the HC+NOx standards intended for small volume high performance manufacturers in Table 2.1(b) of this s ection. The engine manufacturer shall also provide evidence that

### - 26 - the supplier(s) of the enhanced evaporative control system has designed the system components to meet or excee d the diurnal and permeation design specifications listed in Table 2.2 throughout the useful life of the engine.

B Each boat manufacturer shall install an enhanced evaporative control system on every boat that is manufactured for sale, sold, or offered for sale in California that uses a standard performance engine intended to qualify the engine manufacturer to certify its high perform ance engines using the HC+NOx standards intended for sma ll volume high performance manufacturers in Table 2.1( b) of

this section.

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

(RESERVED)



### {Note to commenters: Upon promulgation by the Unit ed States Environmental Protection Agency of Not-to-Exceed (N TE) requirements for spark-ignition marine engines, the Executive Of ficer shall have the authority to adopt the same NTE requirements for Ca lifornia; such that, for engines subject to these regulations, California wo uld have full authority to enforce the NTE limits independently of the fede ral government. The federal NTE proposal can be found at "Control of Em issions from Nonroad Spark-Ignition Engines and Equipment," Federal Regi ster Volume 76, Number 92, Friday, May 18, 2007, 28098, at pages 28 279-28281, as discussed at pp. 28121-28124. There will be no add itional demonstrations of NTE compliance unique to Californ ia beyond those of the federally promulgated requirements.}

(d) Voluntary Standards. Model Year 2009 and later sp ark-ignition marine engines:

(1) Manufacturers may voluntarily certify their engine s to the full useful life exhaust and evaporative emission standards in Table 3 below.

(2) Marine vessels powered by engines certified to the voluntary standards in Table 3 below and equipped with a fully complian t OBD-M system (see § 2444.2) shall display a five-star consumer/enviro nmental emission label (see § 2443.2 and § 2443.3).

### - 27 - 

### Table 3 - Voluntary Standards

PERMEATION

STANDARDS
[grams per square meter per day] 

### HC 1 

### +NO
X 

### STANDARD
[grams per kilowatt-hour] 

### CO

STANDARD
[grams per kilowatt-hour] 

### Hose 3 

### Tank 4 

### DIURNAL

STANDARD 2

[grams per gallon per day]



### 2.50 50.0 15.0 1.5 0.4

1. The exhaust standard includes total hydrocarbo ns 2. Diurnal testing assumes a trailerable boat and requires fuel with 9 pounds per square inch (psi) volatility and a 24 hour fuel temperature cycle of 25.6 to 32.2 oCelsius 3 Fuel line permeation testing requires gasoline fuel with 10% ethanol content and must be performe d at a test temperature of 23 ± 2 oCelsius 4 Fuel tank permeation testing requires gasoline fuel with 10% ethanol content and must be performe d at a test temperature of 28 ± 2 oCelsius



### (3) Spark-ignition marine engines certified to the voluntary standards are subject to the same in-use compliance and recall re quirements as engines certified to the required exhaust and evaporative s tandards.

(e) New Replacement Engine Requirements for Engine Man ufacturers. A new spark-ignition marine engine produced solely to replace an engine originally manufactured in accordance with the requ irements of § 2422 shall be identical in specifications to the most st ringent certified emissions configuration currently available that can be insta lled in a vessel or personal watercraft without unreasonable modificati ons, as determined by the Executive Officer. A new replacement engine wi th emissions performance less than maximum stringency shall be a llowed only if all engines of greater stringency are incompatible with the vessel or personal watercraft and so long as the emissions performance of the new replacement engine is at least as stringent as that of the engine being replaced. New replacement engines that do not comp ly with current year emission requirements must be labeled as follows:

“SALE OR INSTALLATION OF THIS ENGINE FOR ANY

PURPOSE OTHER THAN TO REPLACE AN ENGINE OF

SIMILAR OR LESS STRINGENT EMISSIONS

PERFORMANCE IS A VIOLATION OF CALIFORNIA LAW

SUBJECT TO CIVIL PENALTY.”

(c) (f) The test equipment and test procedures for determi ning compliance with these standards are set forth in Parts III and IV, respectively, of the “Test

Procedures.”

(g) Special Provisions for Engine and/or Vessel Man ufacturers

(1) Jet Boat Engines

(A) Jet boat engine families previously certified to t he HC+NOx standards for outboard engines and personal watercr aft in

### - 28 - § 2442(a) may continue to be certified to those sta ndards until 2012 with the additional requirement for 2009 and subsequent model years to comply with the applicabl e carbon monoxide standards for OB/PWC engines in Tab le

1.2.

(B) Beginning in 2010, all new jet boat engine familie s shall comply with the standards for sterndrive/outboard e ngines in § 2442 (b) upon introduction, except that these new jet boat engine families may be cross-category averaged with any other jet boat or personal watercraft engine family to comply with those standards until 2012. An engine family certified to the § 2442 (a) standards prior to 2010, but not pre viously used in a jet boat application would be considered a new jet boat engine family in 2010.

(C) Jet boat engines previously certified in the same engine family with personal watercraft engines must be cer tified separately and to a unique engine family beginning in 2010 if new, or in 2012 otherwise.

(D) The OBD-M requirements in § 2444.2 would apply to new jet boat engine families in 2010 and to all jet boat en gine

families in 2012.

(2) Discontinuation of Marinized Sterndrive/Inboard En gines.

Sterndrive/inboard engine manufacturers who mariniz e base engines produced by another manufacturer may reques t a
discontinuation allowance from the Executive Office r, subject to the following:

(A) The base engine manufacturer has announced that it plans to discontinue the base engine.

(B) Each marinizer may have a discontinuation allowanc e for only one engine family in effect at any time. As a n alternative to the “one engine family” stipulation, manufacturers may petition the Executive Officer to allow a modified grouping of engines based on factors that logically link the engines to be discontinued including, but not necessarily limited to, the pre-marinized base conf iguration of the engines (e.g., the same base engine offered in one family with fuel injection and another family with carburetion).

(C) The discontinuation allowance would allow the mari nizing manufacturer to continue to certify the engine fami ly to be

discontinued to emission levels that are less strin gent than

### - 29 - the standards otherwise required for sterndrive/inb oard engines in § 2442 (b) for a total of four model yea rs, provided that on a corporate average basis, the manufacturer meets the required standards in § 2442 (b).

(D) Manufacturers shall not certify engine families to emission levels less stringent than those in effect for prev ious model year versions of the same or similar engine family. Fluctuations in certification levels from year to y ear due to component variation would not violate this prohibit ion unless

the fluctuations result in an exceedance of the sta ndards to which the engine family was previously certified.

(E) Manufacturers shall comply with all applicable OBD -M and evaporative requirements in effect for:

1. any previously uncertified engine family certifi ed for the first time under paragraph (g)(2) of this section t o emission levels that are less stringent than the st andards otherwise required for sterndrive/inboard engines i n § 2442 (b); and

2. any current production engine family that has pr eviously been certified with OBD-M or evaporative systems.

(F) The applicable requirements of §§ 2442(b)(3), 2443 .1, and 2443.2, including averaging, records keeping, repor ting, and labeling, shall be applicable to manufacturers empl oying the discontinuation allowance provisions of this paragr aph (g)(2).

(3) General Hardship Relief Provision

Manufacturers may petition the Executive Officer at any time to issue temporary relief from any of the requirements of this Article

that would result in extreme financial or technical hardship to the

manufacturer. The Executive Officer shall consider the following in determining whether or not to grant the manufacture r’s request for relief and the extent to which relief is provided:

(A) The manufacturer could not have reasonably anticip ated the situation for which relief is requested and has sub stantiated that the circumstances resulting in the hardship we re beyond its control to avert; and

(B) The manufacturer has exhausted all existing relief provisions in trying to remedy the situation; and

### - 30 - (C) The manufacturer has proposed an effective, implem entable, and enforceable plan to make up for any emission be nefits that would be lost should the requested relief be p rovided.

(4) Executive Officer Discretion for Technical Changes

.

The Executive Officer may revise or incorporate spe cific technical requirements with respect to the test procedures in corporated at § 2441(a)(58) of these regulations. For the purposes of this subparagraph (4), “technical requirements” includes revisions to test procedures, test methodology, or any requireme nt to enhance alignment with similar federal regulations promulga ted after the amendments to this Article 4.7, as noticed June 6, 2008, are adopted. Such technical requirements shall be elec tronically noticed to listserv subscribers, shall be made avai lable to the public via appropriate ARB webpage postings, and shall be noticed in the California Regulatory Notice Register. Such techni cal requirements will become effective 30 days after notice, unless any person notifies the Executive Offier in writing that they object to any part of the technical requirements noticed.

(h) Practices for Rebuilding Engines. The rebuilding practices described in Part I, Section 7 of the incorporated test procedur es shall apply to all spark-ignition marine engines subject to the requir ements of § 2422 that are rebuilt after December 31, 2009, including thos e engines that were originally manufactured on, or prior to, December 3 1, 2009.

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 31 -



### § 2443.1. Emission Control Labels - Model Year 2001 and Later Spark-Ignition

Marine Engines.

(a) * * * * *

(b) Applicability. This section applies to:

(1) Model year 2001 and later spark-ignition person al watercraft and outboard marine engines and model year 2003 and lat er spark-ignition inboard and sterndrive/inboard marine engines, which have been certified to the applicable emissio n standards pursuant to Health and Safety Code section 43013;

* * * * *

(c) Engine Label and Location.

* * * * *

(2) (B) Inboard and Sterndrive/Inboard Engines. In selecting an

acceptable location, the engine manufacturer must c onsider visibility and the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). The engine label must be affixed in such a manner that it cannot be removed without destroying or defacing the label. The engine label must contain the unique identification number that has been assigned to the engine, pursuant to subsection (a) of this section. If the engine manufacturer claims there is inadequate spac e to attach the label, the Executive Officer will determ ine a

suitable location.

* * * * *

(4) The engine label must contain the following inf ormation:

(A) * * * * *

(B) The full corporate name or trademark of the eng ine

manufacturer.

(i)

1. An engine manufacturer may request the Executive Officer's approval to delete its name and trademark , and substitute the name and trademark of another engine

### - 32 - manufacturer, original equipment manufacturer or th ird-party

distributor.

(ii)

2. Approval under paragraph (4)(B)(i) 1. above does not relieve the engine manufacturer granted an engine f amily Executive Order of any requirements imposed by thes e provisions on the applicable engines.

* * * * *

(D) Identification of the Exhaust and/or Evaporativ e Emission Control System(s) (Abbreviations may be used and must conform to the nomenclature and abbreviations provi ded in the latest revision of the Society of Automotive En gineer's (SAE) procedure J1930, “Electrical/Electronic Syste ms Diagnostic Terms, Definitions, Abbreviations and Acronyms”, and as specified in section 1977, Title 13, California Code of Regulations)

.

* * * * *

(G) An unconditional statement of compliance with t he appropriate model year California regulations. For example, “THIS ENGINE CONFORMS TO (model year) CALIFORNIA

EMISSION REGULATIONS FOR SPARK-IGNITION MARINE ENGINES.” For an engine family certified in California with an FEL different from the FEL assig ned federally for the engine family, the following stat ement shall be appended to the unconditional statement of compl iance:

“... AND IS CERTIFIED TO (specify FEL) g/kW-hr HC+NO
x 

### ENGINE FAMILY EXHAUST EMISSION STANDARD IN

CALIFORNIA.”

(H) The engine and evaporative family identification(s) (i.e., engine and, where applicable, evaporative family name(s) ). The engine and evaporative family identification(s) shall be in accordance with the current format(s) used by the United States Environmental Protection Agency.

* * * * *

(d) For Inboard and Sterndrive/Inboard Engines used solely for Competition.

* * * * *

### - 33 - (4) * * * * *

(B) The full corporate name or trademark of the eng ine

manufacturer.

(i)

1. An engine manufacturer may request the Executive Officer's approval to delete its name and trademark , and substitute the name and trademark of another engine manufacturer, original equipment manufacturer or th ird-party

distributor.

(ii)

2. Approval under paragraph (4)(B)(i) 1. above does not relieve the engine manufacturer granted an engine f amily Executive Order of any requirements imposed by thes e provisions on the applicable engines.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 34 -



### § 2443.2. Consumer / Environmental Label Requiremen ts.

(a) * * * * *

(b) Applicability. This section applies to:

(1) Model year 2001 and later spark-ignition person al watercraft and outboard marine engines and model year 2003 and lat er spark-ignition inboard and sterndrive/inboard marine engines, which have been certified to the applicable emissio n standards pursuant to Health and Safety Code section 43013;

* * * * *

(c) * * * * *

(1) Facsimiles of the label format are shown in Fig ure 1.

Figure 1

(NOTE: Labels are not to scale.)

(A) The engine manufacturer must ensure that the la bel has the following characteristics:

(i)

1. Oval shape;

(ii)

2. Dimensions of no less than three inches wide by tw o and a half inches high, except that it may be no le ss than

### - 35 - two inches by one and two-thirds inches high for en gines that have power outputs of 11.2 kW (15 hp) or less;

(iii)

3. Watermark

(i) For all except five star labels, A a watermark as shown in Figure 2 that is a clear laminate. The

watermark must cover the entire label and be screened at no less than fifteen percent; and

(ii) For five star labels, a colored or black and white watermark consisting of the central portion o f the California State flag as shown in the five star label format in Figure 1. The watermark must cover the

entire label and be screened at no less than fiftee n percent; and

(iv)

4. All written information required by paragraph (c)( 4)(B) must be in the English language and the font must b e sans serif. The characters must be a minimum of two (2) millimeters in height except as specified in paragr aph (b)(1)(B)(i)(d) (c)(1)(B)5. , and of a color that contrasts with the background on which it is displayed.

Figure 2

(B) Multiple levels of cleanliness. Progressively clean engines shall carry the following notations (as applicable) :

(i)

1. An engine that has an FEL or that has been certifi ed at or below the hydrocarbon plus oxides of nitrogen standard

listed in Table 1 of this section for Tier 1 must i nclude the phrase “LOW EMISSION” and a single star symbol as shown in Figure 1.

### - 36 - (ii)

2. An engine that has an FEL or that has been certifi ed at or below the hydrocarbon plus oxides of nitrogen standard

listed in Table 1 of this section for Tier 2 must i nclude the phrase “VERY LOW EMISSION” and two star symbols as shown in Figure 1.

(iii)

3. An engine that has an FEL or that has been certifi ed at or below the hydrocarbon plus oxides of nitrogen standard

listed in Table 1 of this section for Tier 3 must i nclude the phrase “ULTRA LOW EMISSION” and three star symbols as shown in Figure 1.

(iv)

4. An engine that has an FEL or that has been certifi ed at or below the hydrocarbon plus oxides of nitrogen standard

listed in Table 1 of this section for Tier 4 must i nclude the phrase “SUPER ULTRA LOW EMISSION” and four star symbols as shown in Figure 1.

5. An engine that has an FEL or that has been certifi ed at or below the hydrocarbon plus oxides of nitrogen standard

listed in Table 1 of this section for Tier 5 must i nclude the phrase “LEVEL FIVE EXTREMELY CLEAN” and five star symbols as shown in Figure 1.

Table 1.

Hydrocarbon plus Oxides of Nitrogen Standards (in g /kW-hr)



### Tier P < 4.3 P ≥ 4.3

1 81.00 (0.25 × (151+557/P 0.9 

### )) + 6.0

2 64.80 (0.20 × (151+557/P 0.9 

### )) + 4.8

3 30.00 (0.09 × (151+557/P 0.9 

### )) + 2.1

4 5.0 5.0

5 2.5 2.5

Where P means the average power in kW (sales-weight ed) of the subject engine family.

### - 37 - (iv)

6. All phrases encircling the top portion must have b lock characters that are a minimum of five (5) millimete rs in height except that the characters may be three (3) millimeters for labels sized as allowed pursuant to paragraph (c)(1)(A)(i) 2. for engines that have power outputs of 11.2 kW (15 hp) or less.

(C) Language other than that specified in paragraph (b)(1)(B) must not be used unless permitted by the Executive Officer.

(D) The color of the outer oval and stars on the la bels must contrast with the engine cover or watercraft hull. The color of the interior oval (i.e., background for the star s) must

contrast with the color of the outer oval and stars

.

(2) Label Location. For outboard engines, a single label must be permanently affixed to the back of the engine cover or cowling. For personal watercraft, a single label must be affixed two to three inches to the right of the required location of the California Assigned Vessel Number displayed on the port side o f the hull. For

inboard and sterndrive/inboard engines, labels must be affixed to the engine and to the port side of the hull, either to the right or left and in close proximity to the required location of the California Assigned Vessel Number. Each label must be manufac tured and permanently affixed so that it cannot be removed wi thout destroying or defacing the label, must be readily visible and must not be affixed to any location that is likely to be replac ed during the engine's useful life. For the purposes of this par agraph, readily visible means that the label's shape and number of stars are
discernible from a distance of 100 feet.

* * * * *

(5) For Inboard and Sterndrive/Inboard Marine Engines:

* * * * *

(e) Replacement engines installed in hulls, cowling s or watercraft that had been previously labeled in accordance with these sp ecifications must have identical or improved emissions to that of the orig inal certified engine in accordance with the provisions in § 2442 (e)

.

* * * * *

### - 38 -

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code.Reference: Sections 4 3013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210 -43212, Health and Safety

Code.

### - 39 -



### § 2443.3. Environmental Label/Consumer Notification Requirements.

(a) Applicability. This section applies to model y ear 2001 and later sparkignition personal watercraft and outboard marine en gines and model year 2003 and later spark-ignition inboard and sterndrive/inboard marine engines, which have been certified to the applicabl e emission standards pursuant to Health and Safety Code section 43013.

(b) A nonpermanent label (i.e., hang tag) must be a ttached to each personal watercraft or outboard engine, as applicable, at ti me of sale. A nonpermanent label (i.e., hang tag) produced and su pplied by the engine manufacturer must be attached, by the seller, to ea ch inboard and

sterndrive/inboard engine or watercraft, as applicable, when introduc ed for sale to ultimate purchasers. Environmental labels pursuant to this section shall include a copy of the following:

Front of Hang Tag:



### The Star Label means Cleaner Marine Engines

This engine has been certified as a:



#  

# ⊠   

(<Check appropriate box.>)



### The Symbol for Cleaner Marine Engines:

Cleaner Air and Water – for a healthier lifestyle and environment.



### Better Fuel Economy – burns up to 30 - 40 percent less gas and oil tha n conventional carbureted two-stroke engines, saving money and resources.



### Longer Emissions Warranty – protects consumer for worry free operation.

### - 40 - Back of Hang Tag:

<facsimile of the one-star label>

One Star – Low Emission The one-star label identifies engines that meet the Air Resources Board’s Personal Watercraft and Outboard marine engine 2001 exhaust emission st andards. Engines meeting these

standards have 75% lower emissions than conventiona l carbureted two-stroke engines. These engines are equivalent to the U. S. EPA's 2006 stan dards for marine engines.

<facsimile of the two-star label>

Two Stars – Very Low Emission The two-star label identifies engines that meet the Air Resources Board’s Personal Watercraft and Outboard marine engine 2004 exhaust emission st andards. Engines meeting these

standards have 20% lower emissions than One Star – Low Emission engines.

<facsimile of the three-star label>

Three Stars – Ultra Low Emission The three-star label identifies engines that meet t he Air Resources Board’s Personal Watercraft and Outboard marine engine 2008 exhaust emission st andards or the Sterndrive and Inboard marine engine 2003-2008 exhaust emission standards. Engines meeting these standards have

65% lower emissions than One Star – Low Emission en gines.

<facsimile of the four-star label>

Four Stars – Super Ultra Low Emission The four-star label identifies engines that meet th e Air Resources Board’s Sterndrive and Inboard marine engine 2009 exhaust emission standar ds. Personal Watercraft and Outboard marine engines may also comply with these standards . Engines meeting these standards have

90% lower emissions than One Star – Low Emission en gines.

<facsimile of the five-star label>

Five Stars - Level Five Extremely Clean The five-star label identifies engines that meet th e Air Resources Board’s Voluntary Standards for spark-ignition marine engines. Engines meeting these standards have 50% lower emissions than Four Stars – Super Ultra Low Emission engines.



### Cleaner Watercraft – Get the Facts

1-800-END-SMOG www.arb.ca.gov <White Space for dealer or manufacturer identificat ion or additional

information>

### - 41 - (1) * * * * *

(2) For outboard engines greater than 130 horsepowe r, facsimiles of only the “Low Emission Engine” and “Very Low Emissi on Engine” labels described in sections 2443.2(c)(1)(B)(i) 1. and (ii) 2. need to be displayed on the nonpermanent label until the ea rlier of:

* * * * *

(3) For personal watercraft, facsimiles of only the “Low Emission Engine” and “Very Low Emission Engine” labels descr ibed in sections 2443.2(c)(1)(B)(i) 1. and (ii) 2. need to be displayed on the nonpermanent label until the earlier of:

* * * * *

(4) For any spark-ignition marine engine or personal w atercraft not certified to the voluntary standards in § 2442(d), facsimiles of only the “Low Emission Engine,” “Very Low Emission Engin e,” “Ultra Low Emission Engine,” and “Super Ultra Low Emission Engine” labels described in §§ 2443.2(c)(1)(B)1. through 24 43.2(c)(1)(B)4

. need to be displayed on the nonpermanent label, exc ept as permitted in (b)(2) and (b)(3) of this section:

(4) (5) All textual information (i.e., characters and/o r lettering) required by this section must be no smaller than two (2) millim eters in height.

(c) * * * * *

(d) Samples of all labels produced pursuant to this section must be submitted to the Executive Officer with the applicable certif ication application. The Executive Officer may require a demonstration of du rability for any hang tag, submitted per the provisions of this section, that s/he believes may become illegible, damaged, or otherwise not intact at the time of sale, for a period of two years, when displayed under normal co nditions.

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 42 -



### § 2444.1. In-Use Compliance Testing and Recall Regu lations – Model Year

2001 and Later Spark-Ignition Marine Engines.

(a) Applicability. This section applies to model y ear 2001 and later sparkignition personal watercraft and outboard marine en gines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013. Spark-ignition inboard and sterndrive/inboard marine engines shall comply with the in-use complia nce testing and recall requirements found in Title 13, California Code of Regulations, Sections 2111 through 2140 and 2147.

(b) * * * * *

(3) * * * * *

(B) * * * * *

(i)

1. A minimum of two (2) engines per family provided t hat no engine fails any standard. For each failing eng ine, two (2) more engines must be tested until the total number equals ten.

(ii)

2. For engine families of less than 50 engines (Calif ornia sales) for the identified model year or for engine manufacturers who make less than or equal to 200 engines (California sales) for that model year, a minimum of one engine per family provided that this engine does not fail any standard. If this engine fails, two (2) more engines shall be tested. For each additional engine failure, the engine manufacturer must continue testing two (2) additional engines un til the total number equals eleven.

(iii)

3. If an engine family was certified using carryover emission data and has been previously tested under paragraph (b)(3)(B) without an ordered recall, then only one engine for that family must be tested. If this engine fails any standard, testing must be conducte d as outlined in paragraphs (b)(3)(B), as applicable.

* * * * *

(E) * * * * *

### - 43 - (i)

1. engine family production in California is less tha n or equal to 20 per year; or

(ii)

2. engines cannot be obtained for testing because the y are used substantially in watercraft that are not conducive to engine removal such as large watercraf t where the engine cannot be removed without dismantling either the engine or the watercraft; or

(iii)

3. other compelling circumstances associated with thestructure of the industry and uniqueness of sparkignition marine engine applications. Such alternat ives shall be designed to determine whether the engine family is in compliance in-use.

(F) * * * * *

(G) * * * * *

(i)

1. A test engine must have a maintenance and use history representative of actual in-use conditions.

a. The engine manufacturer must obtain information from the end users regarding the accumulated usage, maintenance, operating conditions and storage of the test engines.

b. Documents used in the procurement process must be maintained as required by section 30

of the Test Procedures.

(ii)

2. The engine manufacturer may perform minimal "setto-specification" maintenance on components of a test engine that are not subject to parameter adjustment. Maintenance may include only that which is listed in the owner's manual for engines w ith the amount of service and age of the acquired test engine. Documentation shall be maintained and retained as required by section 30 of the Test

Procedures.

(iii)

### - 44 - 3. At least one valid emission test, performed accord ing to the test procedures outlined in Part IV of the T est Procedures is required for each in-use engine.

(iv)

4. The Executive Officer may waive portions or requirements of the test procedures, if any, that a re not necessary to determine in-use compliance.

(v)

5. If a selected in-use engine fails to comply with a ny applicable emission standard, the engine

manufacturer must determine the reason for noncompliance. The engine manufacturer must report all such reasons of noncompliance within fifteen days of completion of testing.

* * * * *

(e) * * * * *

(4) Record keeping and Reporting Requirements.

(A) * * * * *

(i)

1. Engine family and emission recall campaign number designated by the engine manufacturer.

(ii)

2. Date engine/watercraft owner notification was begu n, and date completed.

(iii)

3. Number of engines involved in the voluntary or ordered recall campaign.

### - 45 - (iv)

4. Number of engines known or estimated to be affecte d by the nonconformity and an explanation of how this

number was determined.

(v)

5. Number of engines inspected pursuant to the voluntary or ordered recall plan.

(vi)

6. Number of inspected engines found to be affected b y the nonconformity.

(vii)

7. Number of engines receiving repair under the recal l plan and a listing of these engines' engine

identification numbers.

(viii)

8. Number of engines determined to be ineligible for recall action due to removed or modified parts.

(ix)

9. A copy of any service bulletins transmitted to dea lers or other authorized repair facilities which pertain to the nonconformity to be corrected and that have not previously been reported.

(x)

10. A copy of all communications transmitted to engine/watercraft owners that relate to the nonconformity and that have not previously been

submitted.

(B) If the engine manufacturer determines that any of the information submitted pursuant to paragraph (4)(A) above has changed or was incorrect, revised information a nd an explanation must be submitted. Responses to subsec tions (4)(A)(v) 5. ,(vi) 6. ,(vii) 7. ,(viii)8. and (ix) 9. above shall be

cumulative totals.

(C) * * * * *

(i)

1. To whom notification was given;

(ii)

### - 46 - 2. Whose engines were repaired or inspected under the recall plan; and

(iii)

3. Whose engines were determined not to qualify for repair due to removed or modified components.

(D) * * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 47 -



### § 2444.2. On-Board Engine Malfunction Detection Sys tem Requirements -

Model Year 2007 and Later Spark-Ignition Inboard an d

Sterndrive/Inboard Marine Engines.

(a) (1) Engines certified under Option 1 of Section 2442(b)(1):

All 2007 and 2008 model year spark-ignition i nboard and standard performance sterndrive/inboard marine engines certified to the 5.0 grams per kilowatt-hour HC+NOx standard shall c omply with the requirements for subsections (b) through (i) be low, except as noted. For all 2009 model year and later spark-ign ition inboard and standard performance sterndrive/inboard marine engines, the requirements in 

### italics

shall also apply.

(2) Engines certified under Option 2 of Section 244 2(b)(1):

All 2008-2009 model year spark-ignition inboard and standard performance sterndrive/inboard marine engines shall comply with the requirements for subsections (b) through (i) be low, except as noted. For all 2010 model year and later spark-ign ition standard performance inboard and sterndrive/inboard marine engines, the requirements in italics shall also apply.

(3) High Performance Engines

All 2009-2010 model year spark-ignition high perfor mance sterndrive/inboard marine engines shall comply with the requirements for subsections (b) through (i) below, except as noted and applicable. For all 2011 model year and later spark-ignition high performance sterndrive/inboard marine engines, the requirements in italics shall also apply.

This section shall be implemented according to the provisions of the following subsections or by means determined by the Executive Officer to be equivalent in meeting the requirements of this s ection.

This section shall be implemented according to the provisions of the following subsections or by means determined by the Executive Officer to be equiv alent in meeting the requirements of this section.

(b) General requirements.

(1) Spark-ignition sterndrive and inboard /inboard marine engines sold as new shall be equipped with an integrated malfunc tion detection and notification system, hereinafter known as On-b B oard Diagnostics-Marine (OBD-M) system, to identify emis sion-related malfunctions of the catalyst, fuel system, primary oxygen sensors used for feedback fuel control, secondary oxygen se nsors (if

### - 48 - equipped) used for catalyst monitoring, computer-se nsed comprehensive components, and the on-board computer itself, by means of diagnostic trouble codes stored in non-vol atile computer memory. For this section, a computer-sensed compre hensive component is any electronic device that:

(A) provides information to the on-board computer a nd significantly impacts emissions when malfunctioning ; or

(B) is used to enable or disable any other OBD-M mo nitoring strategy.

(2) For model years 2010 and subsequent, t T he OBD-M system shall

not be required to identify engine misfire per the prov isions in subsection (c)(5) unless such monitoring is determined necessary by the Executive Officer to preserve or protect the catalyst system except as otherwise permitted in these regulations . The Executive Officer shall (as part of the in

- water testing and development program to be conducted in conjunction with U.S. E PA, the U.S. Coast Guard, the marine industry, and catalyst manu facturers) identify whether, and to what extent, misfire in sp ark

- ignition inboard and sterndrive marine engines may affect catalyst durability and performance. If the Executive Officer determin es that engine misfire is a significant factor in reducing the dur ability and/or performance of marine catalysts, engine manufacture rs shall be required to incorporate appropria te misfire detection diagnostics

into the OBD

- M system. In that case, the provisions in subsecti on (c)(5) shall be considered sufficient for satisfyin g the obligation to

monitor misfire. Alternate misfire monitoring strategies shall be considered by the Executive Officer and may be impl emented in lieu of subsection (c)(5) if demonstrated by the en gine manufacturer to provide an equivalent degree of catalyst protect ion. Otherwise the provisions of that subsection shall be voluntar y. In making a

determina tion, the Executive Officer shall consider the cost effectiveness of requiring additional monitoring to address the concerns identified by the test program in addition to the leadtime necessary to modify existing hardware and software, to add misfire

detec tion hardware (e.g., sensors) if necessary, and to develop engine

- specific calibrations to accommodate misfire monito ring. Notwithstanding, misfire monitoring shall not be re quired prior to the 2009 model year, and may be delayed beyond that dat e pending

Executive Officer discretion.

(3) The OBD-M system shall not be required to detec t any emissions-related malfunction that prevents the eng ine from starting. The OBD-M system shall not be required t o monitor any emissions-related component or system if the only r eliable way to accomplish such monitoring would either significant ly impair

### - 49 - engine/vessel operability or decrease the safety in volved with operating the engine/vessel.

(4) OBD-M systems shall have the capability to acti vate an audio or

visual alert device located on the marine vessel to inform vessel occupants in the event of a malfunction, and to tra nsmit diagnostic information locally via a standardized data link co nnector.

(5) Spark-ignition sterndrive and / inboard marine vessels shall be equipped with an audio alert device and/or visual a lert device that is compatible with the activation function of the OBD- M system on the installed engine.

(A) If equipped, the audio alert device shall provi de sufficient volume and intensity to be readily perceptible to v essel occupants during normal modes of vessel operation a nd occupant activity, but shall not exceed applicable maximum noise levels as set by authorized federal or State agencies. Further, the audio alert device shall in no way imp ede the function of required sound-signaling devices, or ot her safetyrelated devices, already present on the vessel. Th e audio alert device shall sound briefly in the engine-run key position before engine cranking to indicate that the audio a lert device

is functional.

(B) If equipped, the visual alert device shall prov ide sufficient activation and be located such that it is readily v isible under normal lighting conditions, but shall in no way imp ede the function of any visual distress-signaling device, f og signal, or navigational light. The visual alert device shall activate in the engine-run key position before engine cranking to
indicate that the visual alert device is functional and shall, when activated, display the phrase "Service Require d" or an equivalent standardized phrase or symbol to be dete rmined as specified in Subsection (h).

(6) Malfunction thresholds for catalyst, misfire, fuel system, oxygen sensor, and computer-sensed comprehensive component diagnostics shall be determined by the engine manuf acturer. However, the engine manufacturer must demonstrate t hat the

determination of these thresholds is sufficient for detecting emission-related malfunctions in a timely and meani ngful manner subject to Executive Officer approval (see Subsecti on (f)(2)).

(7) Regarding diagnostic system monitoring and audi o/visual alert device activation requirements, engine manufacturer s are required to define monitoring conditions that are representa tive of typical

### - 50 - in-use operation, and which will result in the rout ine execution and completion of all OBD-M diagnostics in-use.

(8) For model years 2007-2008 on engines complying with paragraph (a)(1) of this section, and for model years 2008-2009 on engines complying with paragraph (a)(2) of this section, an d for model years 2009-2010 on engines complying with paragraph (a)(3 ) of this section, activation of the audio/visual alert device upon d etection of excessive engine misfire or a catalyst, fuel system, or oxygen sensor malfunction shall be optional. However, the re are no exemptions from storing diagnostic trouble codes in non-volatile computer memory during these model years for any ma lfunction. The OBD-M must be capable of fully communicating st ored information to a generic scan tool via the standard ized data link

connector.

(9) Engine manufacturers may employ alternate stati stical audio/visual alert device activation and diagnostic trouble code storage protocols to those specified in these requirements, subject to Executive Officer approval, based on comparable tim eliness in detecting a malfunction and evaluating system perfo rmance.

(10) Should emission control devices/strategies be introduced on the engine in addition to those identified herein as re quiring monitoring (e.g., exhaust gas recirculation), the engine manuf acturers shall notify the Executive Officer and submit a plan for monitoring the new device/strategy prior to its incorporation into the OBD-M system. This would not apply to carbon canisters, non permeable fuel tanks, or

low-permeation hoses should they be used to comply with the supplemental emi ssion reduction requirements of evaporative requirements for high performance engin es in § 2442(b)(2), the Option 2 requirements for standard performance engines in § 2442(b)(4), or the alternative require ments for large volume dual category manufacturers in § 2442(b)(5) in Section 2442(b)(1 )

.

(11) Engine manufacturers may request Executive Off icer approval to disable any diagnostic strategy at ambient engine s tarting temperatures below forty (40) degrees Fahrenheit (l ow ambient temperature conditions may be determined based on i ntake air or engine coolant temperature at engine starting), and at elevations above six thousand five hundred (6,500) feet above sea level provided the engine manufacturer submits data and/o r an engineering evaluation which adequately demonstrate that monitoring would be unreliable when such conditions exist. Notwithstanding, diagnostic system disablement may be requested at other ambient engine starting temperatures if th e engine manufacturer adequately demonstrates with data and/ or an

### - 51 - engineering evaluation that misdiagnosis would occu r due to the impact of such ambient temperatures on the performa nce of the component itself.

(12) Engine manufacturers may disable individual mo nitors that can be affected by running out of fuel, provided disableme nt will not occur when the fuel level is above fifteen percent of the nominal capacity

of the fuel tank.

(13) The Executive Officer may grant an extension f or compliance with the requirements of this section, with respect to a n engine model or engine family, if the engine manufacturer demonstra tes that a present electronic control system cannot be modifie d in time for the
2007, or 2008, or 2009 model year, as applicable per subsection (a) of this section, because major design changes, not consistent with the engine manufacturer's projected changeover sche dule, would be needed to comply with the provisions of the regu lation. The period of extension shall not exceed that period of time necessary to enable modification of the electronic control sy stem in accordance with the engine manufacturer's projected changeover schedule, or a period of two years, whichever first occurs. Engine manufacturers requesting an extension shall, no lat er than six months prior to the applicable model year, submit t o the Executive Officer a written request for exemption, setting fo rth the required demonstration and specifying the period for which t he extension is requested.

(14) All engines certified to the 5.0 gram per kilo watt-hour NM HC+NOx standard, including those engines certified using t he corporate averaging provisions in 2442(b) and discontinuation allowance in 2442(g)(2) , must be equipped with OBD-M for the engine's emission-related components. Notwithstanding, curr ent production engines not yet required to possess an OBD-M system would not be required to incorporate OBD-M under the disconti nuation allowance until the allowance had expired.

(c) Monitoring requirements.

(1) Catalyst monitoring.

(A) Purpose and scope:

(i)

1. The diagnostic system shall monitor the catalyst system on spark-ignited marine engines to ensure that the performance of the catalyst has not been compromised due to engine misfire or other factors that can decrease catalyst durability.

### - 52 - (ii)

2. Manufacturers of spark-ignited lean-burn marine engines may request that the Executive Officer exempt such applications from these catalyst monitoring requirements if it can be demonstrated that a reliable monitoring technology is not availa ble. The Executive Officer shall approve such a request upon determining that all reasonable monitoring technologies have been considered to the extent possible.

(B) Malfunctioning criteria:

(i)

1. The catalyst system shall be considered malfunctioning when the temperature of the measured catalyst(s) exceeds a threshold value, as determined by the engine manufacturer, indicating abnormally high operating temperature; or when the catalyst temperature fails to reach a minimum value

, as determined by the engine manufacturer, indicatin g“light-off” of the catalyst after a manufacturerspecified time interval has elapsed.

(ii)

2. Subject to executive officer approval, alternate malfunction criteria (e.g., correlating oxygen sens or frequencies to catalyst conversion efficiency) may be employed by the engine manufacturer if the alternat e criteria are appropriate and would provide for enhanced monitoring capability.

(C) Monitoring conditions:

(i)

1. The engine manufacturer shall define conditions fo r monitoring the catalyst with the constraints that t he

check shall:

a. be conducted at the earliest acceptable opportunity encountered after the beginning of each operating cycle; and

b. the monitoring system shall operate at least once per in-use operating cycle during which the engine manufacturer-defined monitoring

conditions are met.

### - 53 - (D) Malfunctioning notification and diagnostic trouble code
storage:

(i)

1. Upon detection of a catalyst malfunction, the

audio/visual alert device shall be activated and a diagnostic

trouble code stored no later than the end of the ne xt operating cycle during which monitoring occurs prov ided the malfunction is again present.

(ii)

2. The diagnostic system shall temporarily disable catalyst monitoring when a malfunction exists that could affect the proper evaluation of catalyst efficiency

.

(iii)

3. The monitoring method for the catalyst(s) shall be capable of detecting when a catalyst trouble code h as been cleared (except diagnostic system self-clearing), b ut the catalyst has not been replaced (e.g., catalyst

over- temperature approaches may not be acceptable).

(2) Fuel system monitoring.

(A) Purpose and scope:

The diagnostic system shall monitor the fuel delive ry system for its ability to dynamically adjust fuel delivery

.

(B) Malfunction criteria:

The engine manufacturer shall establish malfunction criteria to monitor the fuel delivery system. If the engine is equipped with fuel trim circuitry, the engine manufacturer s hall include

as one of the malfunction criteria the condition wh ere the trim circuitry has used up all of the trim adjustme nt allowed within the engine manufacturer's selected limit(s). Engine manufacturers may compensate the criteria limit(s) appropriately for changes in altitude or for other similar identifiable operating conditions when they occur.

(C) Monitoring conditions:

The fuel system shall be monitored continuously for the presence of a malfunction.

(D) Malfunction notification and diagnostic trouble code storage:

### - 54 - (i)

1. For fuel systems with short-term trim only capabil ity, the diagnostic system shall store a diagnostic trou ble code after the fuel system has attained the criteri a limit for an engine manufacturer-defined time inter val

sufficient to determine a malfunction. If the

malfunction criteria limit and time interval are exceeded, the audio/visual alert device shall be activated and a diagnostic trouble code stored no later than the end of the next operating cycle in w hich the criteria and interval are again exceeded; unles s operating conditions similar to those under which t he problem was originally detected (manufacturer-defined conditions) have been encountered without such an exceedance, in which case the initial temporary code and stored conditio ns may be erased. Furthermore, if similar operating conditions are not encountered during forty (40) operating cycles subsequent to the initial detectio n of a malfunction, the initial temporary code and store d conditions may be erased.

(ii)

2. For fuel systems with long-term fuel trim capabili ty, upon attaining a long-term based malfunction criter ia limit independent of, or in combination with, the short-term trim system status, the audio/visual ale rt device shall be activated and a diagnostic trouble

code stored no later than the end of the next operating cycle if the malfunction is again detecte d. If the malfunction is not detected during the second operating cycle, the audio/visual alert device shal l be activated and a diagnostic trouble code stored no later than the next operating cycle in which the malfunction is again detected; unless operating conditions similar to those under which the problem was originally detected (manufacturer-defined conditions) have been encountered without an indication of a malfunction, in which case the init ial temporary code and stored conditions may be erased. Furthermore, if similar operating conditio ns are not encountered during forty (40) operating cyc les subsequent to the initial detection of a malfunctio n, the initial temporary code and stored conditions ma y be erased.

(3) Oxygen sensor monitoring.

### - 55 - (A) Purpose and scope:

(i)

1. The diagnostic system shall monitor the output voltage and response rate of all primary (fuel cont rol) oxygen (lambda) sensors for malfunction. It shall also monitor secondary oxygen sensors when used as a monitoring device for proper output voltage and/or response rate. Response rate is the time required for the oxygen sensor to switch from lean-to-rich once it is exposed to a richer than stoichiometric exhaust gas mixture or from rich-to-lean when exposed to a lean er than stoichiometric exhaust gas mixture. As a precaution, measuring oxygen sensor switching frequency may not be an adequate indicator of oxygen sensor response rate, particularly at low speeds.

(ii)

2. Either the lean-to-rich or both the lean-to-rich a nd rich-to-lean response rates shall be checked. Response rate checks shall evaluate the portions of the sensor's dynamic signal that are most affected by sensor malfunctions such as aging or poisoning.

Engine manufacturers may observe the voltage envelope of the sensor when cycled at a frequency o f 1.5 Hertz or greater, as determined by the engine manufacturer, to evaluate a slow response rate sensor (i.e., a slow sensor cannot achieve maximum and/or minimum voltage as will a good sensor, given a properly chosen switching frequency and fuel step change for the check). With Executive Officer approval, engine manufacturers may use alternative parameters to comply with this requirement such as voltage ranges and fuel-air switching frequencies

based on a determination that the modifications wil l result in an accurate and timely evaluation of the

sensor.

(iii)

3. For sensors with different characteristics, the en gine manufacturer shall submit data and an engineering evaluation to the Executive Officer for approval ba sed on showing equivalent evaluation of the sensor.

(B) Malfunction criteria:

### - 56 - An oxygen sensor shall be considered malfunctioning when the voltage, response rate, or other criteria, as d etermined by the engine manufacturer, are exceeded, or when s ensor output characteristics are no longer sufficient (e. g., lack of sensor switching) for use as a diagnostic system mo nitoring device (e.g., for catalyst efficiency monitoring).

(C) Monitoring conditions:

(i)

1. The engine manufacturer shall define conditions fo r monitoring the oxygen sensor(s) with the constraint s that the check shall:

a. be conducted at the earliest acceptable opportunity encountered after the beginning of each operating cycle; and

b. operate at least once per in-use operating cycle during which the engine manufacturer-defined monitoring conditions are

met.

(ii)

2. For primary oxygen sensors(s) used for fuel contro l, the response rate and output voltage shall be monitored for malfunction after the engine has commenced closed-loop operation. If the oxygen sensor(s) is used as part of the monitoring strateg y for the catalyst, the oxygen sensor(s) diagnostics shou ld be scheduled to execute before the catalyst diagnostics begin.

(D) Malfunction notification and diagnostic trouble code storage: Upon detection of any oxygen sensor malfunction, th e diagnostic system shall store a diagnostic trouble code and

the audio/visual alert device shall activate no lat er than the end of the next operating cycle during which monito ring occurs provided the malfunction is again present.

(4) Computer-sensed comprehensive component monitor ing.

(A) Purpose and scope:

The diagnostic system shall monitor for malfunction any computer-sensed electronic engine components not otherwise described in this subsection that provide input to

### - 57 - (directly or indirectly) the on-board computer, and that: 1) can affect emissions during any reasonable in-use o perating condition, or 2) are used as part of the diagnostic strategy for any other monitored system or component.

(i)

1. The monitoring system shall have the capability of detecting, 

### at a minimum , lack of circuit continuity 

### and out of range values to ensure proper operation of the inpu t device. The determination of out of range values shall incl ude logic

evaluation of available information to determine if a component is operating within its normal range (e.g ., a low throttle position sensor voltage would not be reaso nable at a high engine speed with a high mass airflow sensor r eading). To the extent feasible, said logic evaluation shallbe "twosided" (i.e., verify a sensor output is not inappro priately high or low)

.

(ii)

2. Computer-sensed comprehensive components may include, but are not limited to, the engine speed s ensor, crank angle sensor, knock sensor, throttle position sensor, coolant temperature sensor, cam position sensor, an d other electronic components such as sensors and fuel inje ctors.

(iii)

3. 

### The coolant temperature sensor shall be monitored for achieving a stabilized minimum temperature leve l that is needed to achieve closed-loop operation within an e ngine manufacturer-specified time interval after starting the engine. The time interval shall be a function of starting e ngine coolant temperature and/or a function of intake air temperature. Engine manufacturers may suspend or d elay the diagnostic if the engine is subjected to condit ions which could lead to false diagnosis (e.g., engine operati on at idle for more than 50 to 75 percent of the warm-up time)

.

(B) Malfunction criteria:

Computer-sensed comprehensive components shall be considered malfunctioning when 

### , at a minimum, lack of circuit continuity 

### or engine manufacturer-specified out-of-range values occurs

.

(C) Monitoring conditions:

Computer-sensed components shall be monitored continuously for



### proper range of values and circuit continuity.

### - 58 - 

### For rationality monitoring (where applicable), engi ne manufacturers shall define appropriate operating co nditions that are representative of typical in-use operation and will result in the routine execution and completion of a ll diagnostics in-use. Rationality monitoring shall o ccur at least once per operating cycle during which the eng ine manufacturer-defined monitoring conditions are met.

(D) Malfunction notification and diagnostic trouble code storage:

Upon detecting a malfunction, the diagnostic system shall store a diagnostic trouble code and activate the au dio/visual alert device no later than the end of the next oper ating cycle during which monitoring occurs provided the malfunc tion is again detected.

(5) Misfire monitoring.

The provisions in this subsection shall be consider ed voluntary unless otherwise determined by the Executive Officer according to subsection (b)(2) above.

(A) Purpose and scope:

The diagnostic system shall identify the occurrence of engine misfire that can result in damage to the cat alyst system. Identification of the misfiring cylinder i s not required, however all patterns of misfire must be i dentified regardless of whether it occurs in a single or mult iple number of cylinders.

(B) Malfunctioning criteria:

The diagnostic system shall identify a malfunction when the

total number of misfires evaluated in 200 crankshaft-revolution increments for each engine sp eed and load condition exceeds a percentage (determined by the engine manufacturer to cause damage to the catalyst system) of the total number of firing events in eac h increment. These threshold percentages shall be pr ovided in the certification documentation. Subject to Exe cutive Officer approval, an interval longer than 200 crankshaft-revolutions may be used. The engine

manufacturer shall submit in the certification docu mentation catalyst temperature data versus percent misfire ov er the full range of engine speed and load conditions. Alterna tively, catalyst temperature data may be submitted for ever y 500 rpm increment along the Propeller Law curve beg inning

### - 59 - at engine idle and continuing throughout the "Not t o Exceed Zone" for marine propulsion engines with Fixed- and Variable-pitch propellers, as defined in 40 CFR, se ction 94.106, (July 1, 2001), which is incorporated by re ference herein. The data shall be obtained from a represen tative cross section (from small to large displacements) o f an engine manufacturer's production. Up to three such engine evaluations shall be documented per engine manufact urer, though an engine manufacturer may submit more data, if desired. An engineering evaluation shall be provid ed for establishing malfunction criteria for the remainder of engine families in the engine manufacturer's product line. The Executive Officer shall waive the evaluation requir ement each year if, in the judgment of the Executive Offi cer, technological changes do not affect the previously

determined malfunction criteria.

(C) Monitoring conditions:

(i)

1. Monitoring for misfire shall be continuous from en gine starting under all steady-state positive torque eng ine speeds and load conditions.

(ii)

2. As an exception to monitoring misfire during all positive torque operating conditions, engine manufacturers may disable misfire monitoring in the engine operating region bound by the positive torqu e line (i.e., engine load with the transmission in ne utral), and the two following engine operating points:

a. an engine speed of 3,000 rpm with the engine load at the positive torque line; and

b. the redline engine speed (defined in section 2441) with the engine's manifold vacuum at four inches of mercury lower than that at the positive torque line.

Misfire detection systems unable to detect all misf ire patterns under all required conditions shall be evaluated for compliance by the Executive Officer based on, but not limited to, the following factors :

c. the magnitude of the region(s) in which misfire detection is limited,

### - 60 - d. the degree to which misfire detection is limited in the region(s) (i.e., the probability of detectio n of misfire events),

e. the frequency with which said region(s) are expected to be encountered in-use,

f. the type of misfire patterns for which misfire detection is troublesome, and

g. demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under required conditions (i.e., compliance can be achieved on other engines).

The evaluation shall be based on the following misf ire
patterns:

h. equally spaced misfire occurring on randomly selected cylinders,

i. single cylinder continuous misfire; and

j. paired cylinder (cylinders firing at the same crank angle) continuous misfire.

Further, with Executive Officer approval, the engin e manufacturer may disable misfire monitoring or employ higher malfunction criteria when misfire cannot be distinguished from other effects (e.g., turbulence causing the propeller to alternately eme rge from then re-submerge into the water.) when using the best reasonably available monitoring technology

. The engine manufacturer shall present data and/or a n engineering evaluation to the Executive Officer to justify the proposed action. Executive Officer approval shall be based on the extent to which monitoring is expected to be disabled in relation t o the capabilities of the best available monitoring technologies as applied to other engines. However, any such disablement occurring within the first 5 seconds after engine starting shall not require Executive Officer approval. Additionally, for engi nes with greater than eight cylinders, the Executive Of ficer shall waive the requirements of this section provid ed the engine manufacturer submits data and/or an engineering evaluation which adequately

### - 61 - demonstrates that misfire detection throughout the required operating region cannot be achieved when employing proven monitoring technology (i.e., a technology that provides for compliance with these requirements on other engines) and provided misfire is detected to the fullest extent permitted by the technology.

(D) Malfunction notification and diagnostic trouble code storage:

(i)

1. Upon detection of the level of misfire specified i n subsection (b)(5)(B) above, the following criteria shall apply for audio/visual alert device activation and diagnostic trouble code storage:

a. A temporary diagnostic trouble code shall be

stored no later than after the third exceedance of the specified misfire level when operating in the region bound by modes 2 through 5 of the spark-ignition marine engine test cycle and no

later than after the first exceedance of the specified misfire level when operating at any other engine speed and load condition during a single operating cycle. If the level of misfire is exceeded again (a single exceedance) during the following operating cycle, or the next operating cycle in which similar conditions are encountered (manufacturer defined conditions), the audio/visual alert device shall activate, a diagnostic trouble code shall be stored, and the audio/visual alert device shall remain continuously activated, even if the misfire ceases. The initial temporary code and stored conditions may be erased if misfire is not detected during the following operating cycle and similar conditions have been

encountered without an exceedance of the specified misfire level. The code and conditions may also be erased if similar operating conditions are not encountered during forty operating cycles subsequent to the

initial detection of a malfunction.

b. Notwithstanding, in engines that provide fuel shutoff and default fuel control to prevent over fueling during misfire conditions, the

audio/visual alert device need not activate

### - 62 - provided that the fuel shutoff and default

control shall be activated as soon as misfire is

detected. Fuel shutoff and default fuel control may be deactivated only to permit fueling outside of the misfire range.

(d) Additional audio/visual alert device activation and diagnostic trouble code storage protocol.

(1) Audio/visual alert device activation: For all e mission-related components/systems, upon final determination of a m alfunction, the OBD-M system shall activate an audio or visual aler t device.

(A) If so equipped, visual alert devices shall rema in activated continuously whenever a malfunction has been identi fied by the OBD-M system, and may be deactivated only accor ding to the provisions in paragraph (2) below, or with a scan tool after appropriate repairs have been effected.

(B) If so equipped, audio alert devices may remain activated continuously when a malfunction has been identified by the OBD-M system; however, the Executive Officer shall consider alternative strategies in which the audio alert is activated on a discontinuous, but repetitive, basis . To be acceptable, discontinuous audio alert strategies mu st convey a sense of urgency to vessel operators regarding th e presence of OBD-M malfunctions.

Upon fulfillment of the standardization processes r eferred to in subsection (g) below, a protocol for audio alert de vice activation shall be specified authorizing only discontinuous a ctivation. A standardized notification format is necessary to fa cilitate consumer association of the audio alert pattern with the ide ntification of an OBD-M malfunction independent of manufacturer or pl atform. OBD-M system designers are encouraged to cooperate fully with each other and the ARB early on in this endeavor to minimize the redesigning of OBD- M audio alert activation algori thms once a standardized protocol has been finalized.

(C) The diagnostic system shall store a diagnostic trouble code

whenever the audio/visual alert device is activated . The diagnostic system shall activate the audio/visual a lert device and shall store a diagnostic trouble code whenever the engine enters a default or "limp home" mode of oper ation. The diagnostic system shall activate the audio/visu al alert device and shall store a diagnostic trouble code wh enever the engine control system fails to enter closed-loo p operation

### - 63 - (if employed) within an engine manufacturer specifi ed

minimum time interval.

(2) Audio/visual alert device deactivation:

(A) 

### Misfire and

Fuel System Malfunctions: For 

### misfire or

fuel system malfunctions, the audio/visual alert device may be

deactivated if the fault does not recur when monito red during three subsequent sequential operating cycles in whi ch

conditions are similar to those under which the mal function

was first determined.

(B) All Other Malfunctions: For all other faults, t he audio/visual alert device may be deactivated after three subsequ ent sequential operating cycles during which the monito ring system responsible for activating the audio/visual alert device functions without detecting the malfunction and if no

other malfunction has been identified that would independently activate the audio/visual alert devic e according to the requirements outlined above.

(3) Erasing a diagnostic trouble code: The diagnost ic system may erase a diagnostic trouble code if the same fault i s not re-registered in at least forty (40) engine warm-up cycles, and t he audio/visual alert device is not activated for that diagnostic t rouble code.

(e) Tampering protection: Computer-coded engine ope rating parameters shall not be changeable without the use of specialized to ols and procedures (e.g. soldered or potted computer components or sea led (or soldered) computer enclosures). Subject to Executive Officer approval, engine manufacturers may exempt from this requirement thos e product lines that are unlikely to require protection. Criteria to be evaluated in making an exemption include, but are not limited to, current availability of performance chips, high performance capability of t he engine, and sales

volume.

(f) Certification documentation: The engine manufac turer shall submit the following documentation for each engine family at t he time of certification. With Executive Officer approval, one or more of the documentation requirements specified in this section may be waive d or altered if the information required would be redundant or unnecess arily burdensome to generate:

(1) A written description of the functional operati on of each monitoring strategy within the diagnostic system.

### - 64 - (2) A table providing the following information for each monitored component or system (either computer-sensed or -con trolled) of the emission control system:

(A) corresponding diagnostic trouble code.

(B) monitoring method or procedure for malfunction detection.

(C) primary malfunction detection parameter and its type of output signal.

(D) fault criteria limits used to evaluate output s ignal of primary
parameter.

(E) other monitored secondary parameters and condit ions (in engineering units) necessary for malfunction detect ion.

(F) monitoring time length and frequency of checks.

(G) criteria for activating the audio/visual alert device.

(3) A logic flowchart describing the general method of detecting

malfunctions for each monitored emission-related co mponent or system. To the extent possible, abbreviations in S AE J1930 "Electrical/Electronic Systems Diagnostic Terms, De finitions, Abbreviations, and Acronyms," May 1998, shall be us ed. J1930 is incorporated by reference herein. The information required in the

chart table under (2) above may instead be included in this fl ow chart, provided all of the information required in (2) is included.

(4) A listing and block diagram of the input parame ters used to

calculate or determine calculated load values and t he input parameters used to calculate or determine fuel trim values.

(5) Any other information determined by the Executi ve Officer to be necessary to demonstrate compliance with the requir ements of this

section.

(g) Confirmatory testing: The ARB may perform confi rmatory testing of engine manufacturers' diagnostic systems for compliance wi th requirements of

this section in accordance with malfunction criteri a submitted in the engine manufacturer's approved certification documentation . The ARB or its designee may install appropriately deteriorated or malfunctioning components in an otherwise properly functioning tes t engine (or simulate a deteriorated or malfunctioning component response) in order to test the fuel system, oxygen sensor, catalyst system, and mi sfire (if applicable) monitors for compliance with the applicable constra ints in this section.

### - 65 - Diagnostic systems of a representative sample of en gines that uniformly fail to meet the requirements of this section may b e recalled for correction.

(h) Standardization: The spark-ignition inboard and sterndrive/inboard marine industry, in cooperation with ARB, will develop and adhere to standardized specifications for the implementation of OBD-M, inc luding diagnostics trouble code formats, communication, and scan tool protocols.

(i) Implementation schedule.

(1) These OBD-M requirements, unless otherwise spec ified, shall be implemented beginning with the 2007 model year for engines complying with (a)(1) of this section, and with the 2008 model year for engines complying with (a)(2) of this section, and with the 2009 model year for engines complying with (a)(3) of thi s section

.

(2) All engine manufacturers shall meet these OBD-M requirements by the 2009 model year for engines complying with (a)( 1) of this section, and the 2010 model year for engines complying with (a)( 2) of this section, and the 2011 model year for engine s complying with (a)(3) of this section

.

(3) The Executive Officer, upon receipt of an appli cation from the engine manufacturer, may certify the engines in que stion even though said engines may not comply with one or more of the requirements of these subsections. Such certificat ion is contingent upon the extent to which these requirements are sat isfied overall on the engine applications in question and a demonstra ted good-faith effort to meet these requirements in full by evalua ting and considering the best available monitoring technolog y. Each incident of non-compliance will be recorded as a de ficiency.

(A) Engine manufacturers of non-complying systems s hall be subject to fines pursuant to section 43016 of the C alifornia Health and Safety Code for each deficiency identifi ed subject to the following limitations:

(i)

1. The specified fines shall apply to the third and subsequently identified deficiencies, with the exception that fines shall apply to all monitoring system deficiencies wherein a required monitoring strategy is completely absent from the OBD-M system; and

(ii)

2. Engine manufacturers may not carry over monitoring system deficiencies for more than two model years

### - 66 - unless it can be adequately demonstrated that substantial engine hardware modifications and additional lead time beyond two years would be necessary to correct the deficiency, in which case the deficiency may be carried over for three model year s.

(B) For the third deficiency and every deficiency t hereafter identified in an engine model, the fines shall be i n the amount of $25 per deficiency per engine for non-com pliance with any of the monitoring requirements specified i n this section. Total fines per engine under this section shall not exceed $250 per engine and shall be payable to the State Treasurer for deposit in the Air Pollution Control Fund.

NOTE: Authority cited: Sections 39515, 39600, 39601 , 43013, 43018, 43104, and 44036.2, Health and Safety Code; Sections 27156 and 38395 Vehicle Code. Reference: Sections 39002, 39003, 39667, 43000, 430 04, 43008.6, 43013, 43016, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, and 44036.2, Health and Safety Code; Sections 27156, 38391, and 38395, Vehicle Code.

### - 67 -



### § 2445.1. Defects Warranty Requirements for Model Y ear 2001 and Later

Spark-Ignition Marine Engines.

(a) Applicability. This section applies to model y ear 2001 and later spark-ignition personal watercraft and outboard mar ine engines, and to model year 2003 and later spark-ignition inboard an d sterndrive/inboard marine engines. The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser or first placed into service (e.g., a demonstration engine or watercraft).

(b) * * * * *

(c) * * * * *

(1) For model year 2001 and later spark-ignition pe rsonal watercraft and outboard marine engines, a period of 4 years or 250 hours of use, whichever first occurs first

.

(2) For model year 2003-2005 spark-ignition inboard and

sterndrive/inboard marine engines, a period of 2 years.

(3) For model year 2006 and later spark-ignition in board and

sterndrive/inboard marine engines:

* * * * *

(e) * * * * *

(10) (10) Evaporative System

(A) Carbon Canister(s) (B) Fuel Tank(s) (C) Purge Valve(s)

(11) Miscellaneous Items Used in Above Systems

(A) Hoses, clamps, fittings, tubing, sealing gasket s or devices, and mounting hardware (B) Pulleys, belts and idlers (C) Vacuum, temperature, check, and time sensitive valves and

switches (D) Electronic Controls

* * * * *

### - 68 -

(g) Exclusions.

(1) * * * * *

(2) Engine manufacturers must warrant engines for t he yearly warranty period specified in paragraph (c). For Outboard an d Personal Watercraft engines, and for inboard/ sterndrive/inboard engines greater than 485 kilowatts, manufacturers may warra nt engines for the hour warranty period if the engines:

(A) are equipped with hour meters; (an ECM-integrat ed hour

meter for inboard/ sterndrive/inboard engines)

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 69 -



### § 2445.2. Emission Control Warranty Statements.

(a) Each engine manufacturer must provide a verbati m copy of the following statement with each new 2001 model year and later s park-ignition personal watercraft and outboard marine engine and with each new 2003 model year and later spark-ignition inboard and sterndrive/inboard marine engine, using those portions of the statement appli cable to the engine.



### CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT

YOUR WARRANTY RIGHTS AND OBLIGATIONS

The California Air Resources Board (and engine manu facturer's name, optional) is (are) pleased to explain the emission control system warranty on your (model year)(inboard, sterndrive/inboard , outboard, or personal watercraft) engine. In California, new (inboard, sterndrive/inboard

, outboard, or personal watercraft) engines must be d esigned, built and equipped to meet the State's stringent anti-smog st andards. (Engine manufacturer's name) must warrant the emission cont rol system on your (inboard, sterndrive/inboard , outboard, or personal watercraft) engine for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of your (inboard, sterndrive/inboard , outboard or personal watercraft) engine.

Your emission control system may include parts such as the carburetor or fuel injection system, the ignition system, and cat alytic converter. Also included may be hoses, belts, connectors and other emission-related

assemblies.

Where a warrantable condition exists, (engine manuf acturer's name) will repair your (inboard, sterndrive/inboard , outboard or personal watercraft) engine at no cost to you, including diagnosis, part s and labor.



### MANUFACTURER’S WARRANTY COVERAGE:

(For spark-ignition personal watercraft and outboar d marine engines:) Select emission control parts from model year 2001 and later (outboard or personal watercraft) engines are warranted for 4 ye ars, or for 250 hours of use, whichever first occurs first

.

(For 2003 - 2005 spark-ignition inboard and sterndrive/inboard marine engines:) Select emission control parts from model year 2003 - 2005 (inboard or

sterndrive/inboard ) engines are warranted for 2 years.

### - 70 - (For 2006 - 2008 spark-ignition inboard and sterndrive/inboard marine engines certified according to Option 1 in Section 2442(b)(1):) Select emission control parts from model year 2006 - 2008 (inboard or

sterndrive/inboard ) engines are warranted for 2 years.

(For 2006 - 2007 spark-ignition inboard and sterndrive/inboard marine engines certified according to Option 2 in Section 2442(b)(1):) Select emission control parts from model year 2006 - 2007 (inboard or

sterndrive/inboard ) engines are warranted for 2 years.

(For 2008 spark-ignition inboard and sterndrive/inboard marine engines certified according to Option 2 in Section 2442(b)( 1):) Select emission control parts from model year 2008 (inboard or

sterndrive/inboard ) engines are warranted for 3 years or 480 hours,

whichever first occurs.

(For 2009 and later spark-ignition inboard and sterndrive/inboard marine engines 373 kilowatts and less:) Select emission control parts from model year 2009 and later (inboard or

sterndrive/inboard ) engines are warranted for 3 years or 480 hours,

whichever first occurs.

(For 2009 and later spark-ignition inboard and sterndrive/inboard marine engines greater than 373 kilowatts, but less than o r equal to 485 kilowatts:) Select electronic emission-related control parts fr om model year 2009 and later (inboard or

sterndrive/inboard ) engines are warranted for 3 years or 480 hours, whichever first occurs. Select mechanic al emission-related components are warranted for 3 years or 150 hours o f operation,

whichever first occurs.

(For 2009 and later spark-ignition inboard and sterndrive/inboard marine engines greater than 485 kilowatts:) Select electronic emission-related control parts fr om model year 2009 and later (inboard or

sterndrive/inboard ) engines are warranted for 3 years or 480 hours, whichever first occurs. Select mechanic al emission-related components are warranted for 1 year or 50 hours of operation, whichever

first occurs.

However, warranty coverage based on the hourly peri od is only permitted for engines that are equipped with hour meters as d efined in s 2441(a)(13) or their equivalent. If any emission-related part on your engine is defective under warranty, the part will be repaired or replaced by (engine manufacturer's name).

### - 71 -



### OWNER’S WARRANTY RESPONSIBILITIES:

– As the (inboard, sterndrive/inboard , outboard or personal watercraft) engine owner, you are responsible for the performan ce of the required maintenance listed in your owner's manual. (Engine manufacturer's name) recommends that you retain all receipts cover ing maintenance on your (inboard, sterndrive/inboard , outboard or personal watercraft) engine, but (engine manufacturer's name) cannot deny warran ty solely for the lack of receipts or your failure to ensure the performan ce of all scheduled

maintenance.

– As the (inboard, sterndrive/inboard , outboard or personal watercraft) engine owner, you should however be aware that (eng ine manufacturer's name) may deny you warranty coverage if your (inboa rd,

sterndrive/inboard , outboard or personal watercraft) engine or a part has failed due to abuse, neglect, improper maintenance or unapproved

modifications.

– You are responsible for presenting your (inboard, sterndrive/inboard

, outboard or personal watercraft) engine to a (engin e manufacturer's name) distribution center as soon as a problem exis ts. The warranty repairs will be completed in a reasonable amount of time, not to exceed 30 days.

If you have any questions regarding your warranty r ights and responsibilities, you should contact (Insert chosen contact of engine manufacturer) at 1-XXX-XXX-XXXX.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 72 -



### § 2446. 2001 and Later Model Year Production-Line Test Procedures and

Selective Enforcement Auditing Regulations for Spar k-Ignition Marine Engines.

(a) Applicability. This section applies to 2001 an d later spark-ignition personal watercraft and outboard marine engines. T he allowable methods of production-line testing are specified in subsect ions (b) and (c), unless the engine manufacturer can satisfactorily provide an alternate method that shows an equivalent assurance of compliance to that of subsection (b). The engine manufacturer must choose only one method for each model year and submit its method of production-line testing to the Executive Officer for approval no later than 90 day s prior to the start of the subject model year production. The 2003 and later spark-ignition inboard

and sterndrive/inboard marine engines are only subject to the selective enforcement audit requirements specified within sub sections (d) and (e) of this section. Inboard and sterndrive engines certi fied using the provision in Section 2442(b)(2)(F) are exempt from this Secti on

.

(b) 2001 and Later Model Year Quality-Audit Product ion Line Test Procedures

* * * * *

(4) * * * * *

(B) * * * * *

(i)

1. The total production and sample size for each engi ne family.

(ii)

2. Engine identification numbers and explanation of t he

identification code.

(iii)

3. The applicable emissions standards or Family Emission Levels for each engine family.

(iv)

4. A description of each test engine or equipment (i.e., date of test, engine family, engine size, en gine or equipment identification number, fuel system, dynamometer power absorber setting in horsepower or kilowatts, engine code or calibration number, an d test location).

### - 73 - (v)

5. The exhaust emission data for HC+NOx for each test engine or equipment. The data reported shall provi de two significant figures beyond the number of significant figures in the applicable emission stan dard.

(vi)

6. The retest emissions data, as described in Paragra ph (v 5. ) above for any engine or unit of equipment failing the initial test, and description of the corrective measures taken, including specific components replaced or adjusted.

(vii)

7. A statistical analysis of the quality-audit test r esults for each engine family stating:

1.

a. Number of engines or units of equipment

tested.

2.

b. Average emissions and standard deviations of the sample for HC+NO
x 

### .

(viii)

8. Every aborted test data and reason for the aborted

test.

(ix)

9. The applicable quarterly report shall include the date of the end of the engine manufacturer's model year production for an engine family.

(x)

10. The required information for all engine families i n production during the quarter regardless of sample

size.

(xi)

11. The start and stop dates of batch-produced engine family production.

* * * * *

(c) * * * * *

(1) * * * * *

### - 74 - (A) * * * * *

(i)

1. For newly certified engine families: After two (2) engines are tested, the engine manufacturer will calculate the required sample size for the model ye ar according to the Sample Size Equation in paragraph (c)(1)(B) of this section.

(ii)

2. For carry-over engine families: After one engine i s tested, the engine manufacturer must combine the test with the last test result from the previous mo del year and then calculate the required sample size fo r the model year according to the Sample Size Equation in paragraph (B) of this section.

(iii)

3. The engines must be representative of the engine manufacturer's California sales. Each engine will be selected from the end of the assembly line. All en gine models within the engine family must be included inthe sample pool. Each selected engine for qualityaudit testing must pass the inspection test, by bei ng equipped with the appropriate emission control systems certified by the ARB. The procedure for randomly selecting engines or units of equipment must be submitted to the Chief, Mobile Source Operations Division, P.O. Box 8001, 9528 Telstar Avenue, El Monte, CA, 91734-8001, before the start of production for the first year of production.

(iv)

4. a. Prior to the beginning of the 2001 model year,

if an engine manufacturer cannot provide actual California sales data, it must provide its total production and an estimate of California sales at the end of the model year. The engine manufacturer must also provide supporting

material for its estimate.

b. For the 2001 and later model years, engine manufacturers must provide actual California sales, or other information acceptable to the Executive Officer, including, but not limited to, an estimate based on market analysis and federal production or sales.

### - 75 - (B) (i) 1. Engine manufacturers must calculate the required

sample size for the model year for each engine fami ly using the Sample Size Equation below. N is

calculated from each test result. The number N indicates the number of tests required for the mode l year for an engine family. N is recalculated after each

test. Test results used to calculate the variables in the Sample Size Equation must be final deteriorated test results as specified in paragraph (c)(3)(C).



### 1 ) ( ) ( 2

95 

### +      

− ∗

=

jx 

### FEL x t N σ

where:

N = Required sample size for the model year.

T 95 

### = 95% confidence coefficient. It is dependent on t he

actual number of tests completed, n, as specified i n the table in paragraph (c)(1)(B)(ii) 2. of this section. It defines one-tail, 95% confidence intervals.

FEL jx 

### = Family Emission Limit



### σ = Actual test sample standard deviation calculate d from

the following equation:



### 1 ) ( 2



### − −

= 

# ∑

n x X i 

### σ

where:

X i 

### = Emission test result for an individual engine

x = Mean of emission test results of the actual sam ple

n = The actual number of tests completed in an engi ne

family

(ii) 2. Actual Number of Tests (n) and 1-tail Confidence Coefficients (t 95 

### ) are listed in Table 3 below:

### - 76 - Table 3

Actual Number of Tests (n) and 1

- tail Confidence Coefficients (t 95 

### )



### n t

95 

### n t 95 

### n t 95 

### 2 6.31 12 1.80 22 1.72

3 2.92 13 1.78 23 1.72

4 2.35 14 1.77 24 1.71

5 2.13 15 1.76 25 1.71

6 2.02 16 1.75 26 1.71

7 1.94 17 1.75 27 1.71

8 1.90 18 1.74 28 1.70

9 1.86 19 1.73 29 1.70

10 1.83 20 1.73 30 1.70

11 1.81 21 1.72 

### ∞ 1.645

(iii)

3. An engine manufacturer must distribute the testing of the remaining number of engines needed to meet the required sample size N, evenly throughout the remainder of the model year.

(iv)

4. After each new test, the required sample size, N, is recalculated using updated sample means, sample standard deviations and the appropriate 95%

confidence coefficient.

(v)

5. An engine manufacturer must continue testing and updating each engine family's sample size calculations according to paragraphs (c)(1)(B)(i) 1. through (c)(1)(B)(iv) 4. of this section until a decision is made to stop testing as described in paragraph (c)(1)(B)(vi) 6. of this section or a noncompliance decision is made pursuant to paragraph (c)(2)(A)(v) 5.

of this section.

(vi)

6. If, at any time throughout the model year, the calculated required sample size, N, for an engine family is less than or equal to the actual sample s ize, n, and the sample mean, x, for each regulated pollutant is less than or equal to the FEL for that pollutant, the engine manufacturer may stop testing that engine family except as required by paragraph (c)(2)(A)(vi) 6.

.

### - 77 - (vii)

7. If, at any time throughout the model year, the sam ple mean, x, for any regulated pollutant is greater tha n the FEL, the engine manufacturer must continue testing that engine family at the appropriate maximum sampling rate.

(viii)

8. The maximum required sample size for an engine family (regardless of the required sample size, N, as calculated in paragraph (c)(1)(B)(i) 1. of this section) is thirty (30) tests per model year.

(ix)

9. Engine manufacturers may elect to test additional randomly chosen engines. All additional randomly chosen engines tested in accordance with the testin g procedures specified in the Test Procedures must be included in the Sample Size and Cumulative Sum equation calculations as defined in paragraphs (c)(1)(B)(i) 1. and (c)(2)(A)(i) 1. of this section, respectively.

* * * * *

(2) * * * * *

(A) * * * * *

(i)

1. Engine manufacturers must construct the following Cumulative Sum Equation for each regulated pollutan t for each engine family. Test results used to calcu late the variables in the Cumulative Sum Equation must

be final deteriorated test results as defined in paragraph (c)(3)(C).

F))]

(FEL X (C or max[0 C jx i 1 i i 

### +

− + =

−



### where:

C i 

### = The current Cumulative Sum statistic

C i-1 

### = The previous Cumulative Sum statistic. Prior to any

testing, the Cumulative Sum statistic = 0 (i.e., C 0 

### = 0)

### - 78 - X i 

### = The current emission test result for an individua l

engine

FEL jx 

### = Family Emission Limit

F = 0.25 × 

### σ

After each test, C i 

### is compared to the action limit, H, the quantity t hat the Cumulative Sum statistic must exceed, in two (2) co nsecutive tests, before the engine family may be determined to be in noncom pliance for purposes of paragraphs (a)(2)(A)(iv) 4. and (a)(2)(A)(v) 5

.

H = The Action Limit. It is 5.0 × 

### σ and is a function of the standard deviation, 

### σ

.



### σ = The sample standard deviation and is recalculate d

after each test.

(ii)

2. After each engine is tested, the Cumulative Sum statistic must be promptly updated according to the Cumulative Sum Equation in paragraph (c)(2)(A)(i) 1. of this

section.

(iii)

3. If, at any time during the model year, an engine manufacturer amends the application for certificati on for an engine family as specified in Part I, section 28 or 29 of the Test Procedures by performing an engine family modi fication (i.e., a change such as a running change involving a physical modification to an engine, a change in specificatio n or setting, the addition of a new configuration, or th e use of a different deterioration factor), all previous sampl e size and

Cumulative Sum statistic calculations for the model year will remain unchanged.

(iv)

4. A failed engine is one whose final deteriorated te st results pursuant to paragraph (c)(3)(C), for a regu lated pollutant exceeds the FEL for that pollutant.

(v)

5. An engine family may be determined to be in noncompliance if, at any time throughout the model year, the Cumulative Sum statistic, C i 

### , for a regulated pollutant is greater than the action limit, H, for two (2) conse cutive tests.

### - 79 - (vi)

6. The engine manufacturer must perform a minimum of two tests per engine family per quarter, regardless of whether the conditions of paragraph (c)(1)(B)(vi) 6. have been met. The Executive Officer may waive the requ irement of this paragraph if the engine manufacturer does n ot have a failing engine family in the prior two model years of testing.

(vii)

7. All results from previous quarters of the same mod el year must be included in the on-going Cumulative Su m analysis, provided that the engine family has not f ailed (e.g., if three engines of a family were tested in the fir st quarter, the first test of the second quarter would be consi dered as the fourth test).

(viii)

8. If the Cumulative Sum analysis indicates that an engine family has failed, the engine manufacturer m ust notify the Chief of the Mobile Source Operations Division, in writing and by telephone, within ten working days. Correct ive action will be taken as noted in paragraph (c)(4)(E).

(ix)

9. If an engine manufacturer performs corrective acti on on a failed engine family and then resumes producti on, all previous tests will be void, and Cumulative Sum ana lysis will begin again with the next test.

* * * * *

(3) * * * * *

(D) If, at any time during the model year, the Cumu lative Sum statistic exceeds the applicable action limit, H, in two (2) consecutive tests, the engine family may be determined to be in noncom pliance and the engine manufacturer must notify the Chief of th e Mobile Source Operations Division and the Manager of the New Vehi cle Audit Section, P.O. Box 8001, 9528 Telstar Avenue, El Mo nte, CA,

91734

- 8001, within ten working days of such exceedance by the

Cumulative Sum statistic.

(E) * * * * *

(i)

1. The location and description of the engine manufac turer's or

other's exhaust emission test facilities that were utilized to conduct testing reported pursuant to this section;

### - 80 - (ii)

2. Total production and sample sizes, N and n, for ea ch engine family;

(iii)

3. The applicable emissions standards for each engine family;

(iv)

4. A description of the process to obtain engines on a random basis;

(v)

5. A description of the test engines or equipment (i. e., date of test, engine family, engine size, engine or equipme nt identification number, fuel system, dynamometer pow er absorber setting in horsepower or kilowatts, engine code or calibration number, and test location);

(vi)

6. The date of the end of the engine manufacturer's m odel year production for each engine family;

(vii)

7. For each test conducted,

a. A description of the test engine, including:

1. (i) Configuration and engine family identification,

2. (ii) Year, make, and build date,

3. (iii) Engine identification number and explanation of the identification code, and

4. (iv) Number of hours of service accumulated on engine prior to testing;

b. Location where service accumulation was conducte d and description of accumulation procedure and schedule;

c. Test number, date, test procedure used, initial test results before and after rounding, and final test r esults

### - 81 - for all exhaust emission tests, whether valid or in valid, and the reason for invalidation, if applicable;

d. The exhaust emission data for CO, NO
x 

### and HC for each test engine or watercraft. The data reported must provide two (2) significant figures beyond the number of significant figures in the applicable

emission standard.

e. The retest emissions data, as described in parag raph (b)(4)(B)(vi) 6. of this section, for any engine or watercraft failing the initial test, and descriptio n of the corrective measures taken, including specific components replaced or adjusted.

f. A complete description of any adjustment, modification, repair, preparation, maintenance, and /or testing that was performed on the test engine, was not reported pursuant to any other part of this article , and will not be performed on all other production engin es;

g. A Cumulative Sum analysis, as required in paragr aph (c)(2)(A)(i) 1. of this section, of the production line test results for each engine family;

h. Any other information the Executive Officer may request relevant to the determination whether the n ew engines being manufactured by the engine manufacturer do in fact conform with the regulation s with respect to which the Executive Order was issue d;

(viii)

8. For each failed engine as defined in paragraph (vi i) 7. d., above, a description of the remedy and test results for all

retests;

(ix)

9. Every aborted test data and reason for the aborted test;

(x)

10. The start and stop dates of batch-produced engine family production; and

(xi)

11. The required information for all engine families i n production during the quarter regardless of sample size.

### - 82 - * * * * *

(d) Test Procedures Applicable to All Production-Li ne and Selective Enforcement Audit Testing.

* * * * *

(3) * * * * *

(D) If an engine manufacturer determines that the e mission test results of an engine or watercraft are invalid, the engine or equipment must be

retested. Emission results from all tests must be reported. The engine manufacturer must include a detailed report on the reasons for each invalidated test in the quarterly report for all pr oduction-line testing, or as required by the Execurive Executive Officer for selective enforcement audit testing.

* * * * *

(5) * * * * *

### - 83 - (A) The Executive Order is automatically suspended with respect to any engine failing pursuant to paragraph (b)(3)(D) or (c)(2)(A)(iv) 4. or whose test results for a regulated pollutant

exceed the emission standards effective from the ti me that testing of that engine is completed.

(B) The Executive Officer may suspend the Executive Order for an engine family that is determined to be in noncompli ance pursuant to paragraphs (b)(3)(C) or (c)(2)(A)(v) 5. This suspension will not occur before fifteen (15) days after the engine fam ily is determined to be in noncompliance.

(C) If the results of testing pursuant to these reg ulations indicate that engines of a particular family produced at one plan t of an engine manufacturer do not conform to the regulations with respect to which the Executive Order was issued, the Executive Officer may suspend the Executive Order with respect to that fa mily for engines manufactured by the engine manufacturer at all other plants.

(D) Notwithstanding the fact that engines described in the application for certification may be covered by an Executive Or der, the Executive Officer may suspend such Executive Order immediately in whole or in part if the Executive Of ficer finds any one of the following infractions to be substantial:

(i)

1. The engine manufacturer refuses to comply with any of the requirements of this section.

(ii)

2. The engine manufacturer submits false or incomplet e information in any report or information provided t o the Executive Officer under this section.

(iii)

3. The engine manufacturer renders inaccurate any tes t

data submitted under this section.

(iv)

4. An ARB enforcement officer is denied the opportuni ty

to conduct activities authorized in this section.

(v)

5. An ARB enforcement officer is unable to conduct activities authorized in paragraph (d)(2) of this s ection

### - 84 - because an engine manufacturer has located its facility in a foreign jurisdiction where local law prohibits those activities.

(E) The Executive Officer will notify the engine ma nufacturer in writing of any suspension or revocation of an Executive Ord er in whole or in part. A suspension or revocation is effectiv e upon receipt of the notification or fifteen (15) days from the time an engine family is determined to be in noncompliance pursuant to pa ragraph (d)(1), except that the Executive Order is immediat ely suspended with respect to any failed engines as provided for in paragraph (b)(3)(D) or (c)(2)(iv) 4. of this section.

(F) The Executive Officer may revoke an Executive O rder for an engine family after the Executive Order has been suspended pursuant to paragraphs (d)(5)(B) or (C) of this section if the proposed remedy for the nonconformity, as reported by the engine ma nufacturer to the Executive Officer, is one requiring a design ch ange or changes to the engine and/or emission control syste m as described in the application for certification of t he affected engine family.

(G) Once an Executive Order has been suspended for a failed engine, as provided for in paragraph (d)(5)(A) of this sect ion, the engine manufacturer must take the following actions before the Executive Order is reinstated for that failed engin e:

(i)

1. Remedy the nonconformity;

(ii)

2. Demonstrate that the engine conforms to its applicable FEL by retesting the engine in accordanc e with these regulations; and

(iii)

3. Submit a written report to the Executive Officer, after successful completion of testing on the failed engi ne, that contains a description of the remedy and test results for each engine in addition to other inform ation that may be required by this part.

(H) Once an Executive Order for a failed engine fam ily has been suspended pursuant to paragraphs (d)(5)(B), (C) or (D) of this section, the engine manufacturer must take the foll owing actions

before the Executive Officer will consider reinstat ing the

Executive Order:

### - 85 - (i)

1. Submit a written report to the Executive Officer t hat identifies the reason for the noncompliance of the engines, describes the proposed remedy, including a descript ion of any proposed quality control and/or quality assuran ce measures to be taken by the engine manufacturer to prevent future occurrences of the problem, and states the d ate on which the remedies will be implemented.

(ii)

2. Demonstrate that the engine family for which the Executive Order has been suspended does in fact com ply with the regulations of paragraphs (b) or (c), as a pplicable, by testing as many engines as needed so that the Cumulative Sum statistic, as calculated in paragrap h (c)(2)(A)(i) 1. , falls below the action limit, or the average emissions from the Quality-Audit testing as calcula ted in paragraph (b)(3)(A) remains below the FEL, as appli cable. Such testing must comply with the provisions of par agraphs (b) or (c), as applicable. If the engine manufactu rer elects to continue testing individual engines after suspensio n of an Executive Order, the Executive Order is reinstated for any engine actually determined to be in conformance wit h the emission standards through testing in accordance wi th the applicable test procedures, provided that the Execu tive Officer has not revoked the Executive Order pursuan t to paragraph (d)(5)(F) of this section.

(I) Once the Executive Order has been revoked for a n engine family, if the engine manufacturer wants to introduce into com merce a modified version of that family, the following acti ons must be taken before the Executive Officer may issue an Exe cutive Order for that modified family:

(i)

1. If the Executive Officer determines that the propo sed change(s) in engine design may have an effect on emission performance deterioration, the Executive Officer will notify the engine manufacturer, within five (5) working days after receipt of the report in paragraph (d)(5)(H)(i) 1. of this section, whether subsequent testing under this section will be suffi cient to evaluate the proposed change or changes or whether additional testing will be required; and

(ii)

2. After implementing the change or changes intended to remedy the nonconformity, the engine manufacturer

### - 86 - must demonstrate that the modified engine family does in fact conform with the regulations of paragraphs (b) or (c), as applicable, by testing as many engines as needed from the modified engine family so that the Cumulative Sum statistic, as calculated in paragraph (c)(2)(A)(i) 1. , falls below the action limit, or the average emissions from the Quality-Audit testing as calculated in paragraph (b)(3)(A) remains below the FEL, as applicable. When this requirement is met, the Executive Officer

will reissue the Executive Order or issue a new Executive Order, as the case may be, to include tha t family. The revocation of engine family executive orders issued based on Cumulative Sum testing results remains in effect as long as the Cumulative

Sum statistic remains above the action limit.

(J) At any time after the suspension of an Executiv e Order for a test engine under to paragraph (d)(5)(A)of this section, but not later than fifteen (15) days (or such longer period as ma y be allowed by the Executive Officer) after notification of the Executive Officer's decision to suspend or revoke an Executiv e Order in whole or in part pursuant to paragraphs (d)(5)(B), (C) or (F) of this section, an engine manufacturer may request a hearing pursuant to subchapter 1.25, Title 17, California C ode of Regulations, as to whether the tests have been prop erly conducted or any sampling methods have been properl y applied.

(K) Any suspension of an Executive Order under para graph (d)(5)(D) of

this section:

(i)

1. must be made only after the engine manufacturer concerned has been offered an opportunity for a hearing pursuant to subchapter 1.25, Title 17, California Code of Regulations, and;

(ii)

2. does not apply to engines no longer in the possess ion of the engine manufacturer.

* * * * *

### - 87 -

(e) Selective Enforcement Auditing Regulations.

(1) Test Orders.

(A) A test order addressed to the engine manufactur er is required for any testing under paragraph (e).

(B) The test order is signed by the Executive Offic er or his or her designee. The test order must be delivered in pers on by an ARB enforcement officer or ARB authorized representativ e to a company representative or sent by registered mail, return receipt requested, to the engine manufacturer's representat ive who signed the application for certification submitted by the engine manufacturer, pursuant to the requirements of the a pplicable portions of Title 13, California Code of Regulation s, section 2447. Upon receipt of a test order, the engine manufactur er must comply with all of the provisions of this subsectio n and

instructions in the test order.

### - 88 - (C) Information included in test order.

(i)

1. The test order will specify the engine family to b e selected for testing, the engine manufacturer's eng ine assembly plant or associated storage facility or po rt facility (for imported engines) from which the engines must be selected, the time and location at which engines mu st be selected, and the procedure by which engines of the specified family must be selected. The test order may specify the configuration to be audited and/or the number of engines to be selected per day. Engine manufacture rs are required to select a minimum of four engines per da y unless an alternate selection procedure is approved pursua nt to paragraph (e)(2)(A), or unless total production of the specified configuration is less than four engines p er day. If total production of the specified configuration is less than four engines per day, the engine manufacturer selec ts the actual number of engines produced per day.

(ii)

2. The test order may include alternate families to b e selected for testing at the Executive Officer's dis cretion in the event that engines of the specified family are not available for testing because those engines are not being manufactured during the specified time or are not b eing stored at the specified assembly plant, associated storage facilities, or port of entry.

(iii)

3. If the specified family is not being manufactured at a rate of at least two (2) engines per day in the cas e of engine manufacturers specified in paragraph (e)(4)(G)(i) o f this section, or one engine per day in the case of engin e manufacturers specified in paragraph (e)(4)(G)(ii) of this section, over the expected duration of the audit, t he Executive Officer or her or his designated represen tative may select engines of the alternate family for test ing.

(iv)

4. In addition, the test order may include other dire ctions

or information essential to the administration of t he required testing.

(D) An engine manufacturer may submit a list of eng ine families and the corresponding assembly plants, associated stora ge facilities, or (in the case of imported engines) port facilitie s from which the

### - 89 - engine manufacturer prefers to have engines selecte d for testing in response to a test order. In order that an engi ne manufacturer's preferred location be considered for inclusion in a test order for a particular engine family, the list must be submitted prior to issuance of the test order. Notwithstandi ng the fact that an engine manufacturer has submitted the list, the Executive Officer may order selection at other than a preferr ed location.

(E) Upon receipt of a test order, an engine manufac turer must proceed in accordance with the provisions of paragraph (e).

(2) Testing by the Executive Officer.

(A) The Executive Officer may require by test order under paragraph (e)(1) that engines of a specified family be select ed in a manner consistent with the requirements of paragraph (e)(3 ) and submitted to the Executive Officer at the place des ignated for the purpose of conducting emission tests. These tests will be conducted in accordance with paragraph (e)(4) to de termine whether engines manufactured by the engine manufact urer conform with the regulations with respect to which the certificate of conformity was issued.

(B) Designating official data.

(i)

1. Whenever the Executive Officer conducts a test on a test engine or the Executive Officer and engine

manufacturer each conduct a test on the same test engine, the results of the Executive Officer's test are the official data for that engine.

(ii)

2. Whenever the engine manufacturer conducts all test s on a test engine, the engine manufacturer's test da ta are accepted as the official data, provided that if the

Executive Officer makes a determination based on testing conducted under paragraph (e)(2)(A) of this section that there is a substantial lack of agreeme nt between the engine manufacturer's test results and the Executive Officer's test results, no engine manufacturer's test data from the engine manufacturer's test facility will be accepted for purposes of this subsection.

(C) If testing conducted under paragraph (e)(1) is unacceptable under paragraph (B)(ii) 2. of this subsection, the Executive Officer must:

### - 90 - (i)

1. Notify the engine manufacturer in writing of the

Executive Officer's determination that the test fac ility is inappropriate for conducting the tests required by this

subsection and the reasons therefore ; and

( ii)

2. Reinstate any engine manufacturer's data upon a showing by the engine manufacturer that the data ac quired under paragraph (e)(2) were erroneous and the engin e manufacturer's data was correct.

(D) The engine manufacturer may request in writing that the Executive Officer reconsider the determination in paragraph ( B)(ii) of this section based on data or information indicating tha t changes have been made to the test facility and these chang es have resolved the reasons for disqualification.

(3) Sample selection.

(A) Engines comprising a test sample will be select ed at the location and in the manner specified in the test order. If an engine manufacturer determines that the test engines canno t be selected in the manner specified in the test order, an alter native selection procedure may be employed, provided the engine manu facturer requests approval of the alternative procedure befo re starting test sample selection, and the Executive Officer approve s the procedure.

(B) The engine manufacturer must produce and assemb le the test engines of the family selected for testing using it s normal production and assembly process for engines to be d istributed into commerce. If, between the time the engine man ufacturer is notified of a test order and the time the engine ma nufacturer finishes selecting test engines, the engine manufac turer implements any change(s) in its production or assem bly processes, including quality control, which may rea sonably be expected to affect the emissions of the engines sel ected, then the engine manufacturer must, during the audit, inform the Executive Officer of such changes. If the test engines are s elected at a location where they do not have their operational a nd emission control systems installed, the test order will spec ify the manner and location for selection of components to complet e assembly of the engines. The engine manufacturer must assemble these components onto the test engines using normal assem bly and quality control procedures as documented by the eng ine

manufacturer.

### - 91 - (C) No quality control, testing, or assembly proced ures will be used on the test engine or any portion thereof, including p arts and subassemblies, that have not been or will not be us ed during the production and assembly of all other engines of tha t family, unless the Executive Officer approves the modificat ion in production or assembly procedures pursuant to parag raph (B) of

this subsection.

(D) The test order may specify that an ARB enforcem ent officer(s) or authorized representative(s), rather than the engin e manufacturer, select the test engines according to the method specified in the test order.

(E) The order in which test engines are selected de termines the order in which test results are to be used in applying th e sampling plan in accordance with paragraph (e)(5).

(F) The engine manufacturer must keep on hand all u ntested engines, if any, comprising the test sample until a pass or fail decision is reached in accordance with paragraph (e)(5)(E). Th e engine manufacturer may ship any tested engine which has n ot failed the requirements as set forth in paragraph (e)(5)(B). However, once the engine manufacturer ships any test engine, it m ay not conduct retests as provided in paragraph (e)(4)(I).

(4) Test procedures.

(A) (i) 1. For spark-ignition marine engines subject to the

provisions of this subsection, the prescribed test procedures are the test procedures as specified in

Part IV of the Test Procedures.

( ii) 2. The Executive Officer may, on the basis of a writt en

application by an engine manufacturer, prescribe te st procedures other than those specified in paragraph (i) 1. for any spark-ignition marine engine he or she determines is not susceptible to satisfactory testi ng using the procedures specified in paragraph (i) 1.

(B) (i) 1. The engine manufacturer may not adjust, repair,

prepare, or modify the engines selected for testing and may not perform any emission tests on engines selected for testing pursuant to the test order unl ess this adjustment, repair, preparation, modification, and/or tests are documented in the engine manufacturer's engine assembly and inspection procedures and are actually performed or unless these adjustments and/ or tests are required or

### - 92 - permitted under this subsection or are approved in advance by the Executive Officer

(ii) 1. The Executive Officer may adjust or cause to be

adjusted any engine parameter that the Executive Officer determines subject to adjustment for

certification and Selective Enforcement Audit testi ng in accordance with Part I, section 18 of the Test Procedures, to any setting within the physically adjustable range of that parameter, as determined b y the Executive Officer in accordance with section 18

, prior to the performance of any tests. However, if the idle speed parameter is one which the Executive Officer has determined to be subject to adjustment, the Executive Officer may not adjust it to any sett ing that causes a lower engine idle speed than would have been possible within the physically adjustable range of the idle speed parameter if the engine

manufacturer had accumulated 12 hours of service on the engine under paragraph (C) of this section, all other parameters being identically adjusted for the purpose of the comparison. The engine manufacturer may be requested to supply information needed to establish an alternate minimum idle speed. The Executive Officer, in making or specifying these adjustments, may consider the effect of the deviati on from the engine manufacturer's recommended setting on emission performance characteristics as well as the likelihood that similar settings will occur on in-use engines. In determining likelihood, the Executive Officer may consider factors such as, but not limit ed to, the effect of the adjustment on engine performa nce characteristics and information from similar in-use engines.

(C) Service Accumulation. Before performing exhaus t emission testing on a selective enforcement audit test engine, the e ngine manufacturer may accumulate on each engine a number of hours of service equal to the greater of 12 hours or the number of hours the engine manufacturer accumulated during certific ation on the emission data engine corresponding to the family sp ecified in the

test order.

(i)

1. Service accumulation must be performed in a manner using good engineering judgment to obtain emission results representative of normal production engines

. This service accumulation must be consistent with

### - 93 - the new engine break-in instructions contained in t he applicable owner's manual.

(ii)

2. The engine manufacturer must accumulate service at a minimum rate of 6 hours per engine during each 24-hour period, unless otherwise approved by the

Executive Officer.

a. The first 24-hour period for service begins as soon as authorized checks, inspections, and preparations are completed on each engine.

b. The minimum service accumulation rate does not apply on weekends or holidays.

c. If the engine manufacturer's service or target i s less than the minimum rate specified (6 hours per day), then the minimum daily accumulation rate is equal to the engine manufacturer's service target.

(iii)

3. Service accumulation must be completed on a sufficient number of test engines during consecutiv e 24-hour periods to assure that the number of engines tested per day fulfills the requirements of paragraphs (G)(i) 1. and (G)(ii) 2.

below.

(D) The engine manufacturer may not perform any mai ntenance on test engines after selection for testing, nor may the Ex ecutive Officer allow deletion of any engine from the test sequence , unless requested by the engine manufacturer and approved b y the Executive Officer before any engine maintenance or deletion.

(E) The engine manufacturer must expeditiously ship test engines from the point of selection to the test facility. If th e test facility is not located at or in close proximity to the point of se lection, the engine manufacturer must assure that test engines a rrive at the test facility within 24 hours of selection. The Ex ecutive Officer may approve more time for shipment based upon a req uest by the engine manufacturer accompanied by a satisfacto ry justification.

(F) If an engine cannot complete the service accumu lation or an emission test because of a malfunction, the engine manufacturer may request that the Executive Officer authorize ei ther the repair of that engine or its deletion from the test sequen ce.

### - 94 - (G) Whenever an engine manufacturer conducts testin g pursuant to a test order issued under this subsection, the engine manufacturer must notify the Executive Officer within one workin g day of receipt of the test order as to which test facility will be used to comply with the test order. If no test cells are a vailable at a desired facility, the engine manufacturer must prov ide alternate testing capability satisfactory to the Executive Of ficer.

(i)

1. An engine manufacturer with projected spark-igniti on marine engine sales for the California market for t he applicable year of 20 or greater must complete emis sion testing at a minimum rate of two (2) engines per 24 -hour period, including each voided test.

(ii)

2. An engine manufacturer with projected spark-igniti on marine engine sales for the California market for t he applicable year of less than 20 must complete emiss ion testing at a minimum rate of one engine per 24-hour period, including each voided test.

(iii)

3. The Executive Officer may approve a lower daily ra te of emission testing based upon a request by an engi ne manufacturer accompanied by a satisfactory justific ation.

(H) The engine manufacturer must perform test engin e selection, shipping, preparation, service accumulation, and te sting in such a manner as to assure that the audit is performed in an expeditious

manner.

(I) Retesting.

(i)

1. The engine manufacturer may retest any engines tested during a Selective Enforcement Audit once a fail

decision for the audit has been reached in accordan ce with paragraph (e)(5)(E).

(ii)

2. The Executive Officer may approve retesting at oth er times based upon a request by the engine manufactur er accompanied by a satisfactory justification.

### - 95 - (iii)

3. The engine manufacturer may retest each engine a total of three times. The engine manufacturer must test each engine or vehicle the same number of times. T he engine manufacturer may accumulate additional servi ce before conducting a retest, subject to the provisio ns of paragraph (C) of this paragraph (4).

(J) An engine manufacturer must test engines with t he test procedure specified in Part IV of the Test Procedures to demo nstrate compliance with the exhaust emission standard (or a pplicable FEL) for HC+NO
x 

### . If alternate procedures were used in certification pursuant to Part 1, section 20(c) of the Test Procedures, then those alternate procedures must be used.

(5) Compliance with acceptable quality level and pa ssing and failing

criteria for selective enforcement audits.

(A) The prescribed acceptable quality level is 40 p ercent.

(B) A failed engine is one whose final test results for HC+NO
x 

### pursuant to paragraph (b)(3)(D) or (c)(2)(iv) 4. , as applicable, exceed the applicable family emission level or whose test resu lts for a regulated pollutant exceed the emission standards.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 431 02, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.

### - 96 -



### § 2448. Sunset Review of the California Regulations for 2001 and Later Model Year Spark

- Ignition Marine Engines. [Reserved.]

Within five years from the effective date of adopti on or date of implement ation, whichever comes later, the Air Resources Boa rd, in consultation with the Secretary for Environmental P rotection, shall review the provisions of this Article to determine whether they should be retained, revised or repealed.

Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety

Code. Reference: Sections 39600 and 39601, Health and Saf ety Code.

(Operative 01

- 07

- 2000)

# ATTACHMENT B

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROC EDURES

FOR 2001 MODEL YEAR AND LATER

SPARK-IGNITION MARINE ENGINES

AB-1State of California

AIR RESOURCES BOARD

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROC EDURES

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>i TABLE OF CONTENTS

S ECTION P AGE

PART I. EMISSION REGULATIONS FOR 2001 AND LATER NEW SPARK-I GNITION

MARINE ENGINES, GENERAL PROVISIONS.

1. G ENERAL A PPLICABILITY

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

2. D EFINITIONS

................................................... ................................................... .....................2

3. A BBREVIATIONS

................................................... ................................................... ................3

4. M EASUREMENT S YSTEM

................................................... ................................................... ...6

5. G ENERAL S TANDARDS ; I NCREASE IN E MISSIONS ; U NSAFE C ONDITIONS . ..................................6

6. D EFEAT D EVICES

, P ROHIBITION

................................................... ...........................................6

7. P ROVISIONS FOR R EBUILDING E NGINES

. .................................................. ...............................7

8. R EPLACEMENT E NGINES

................................................... ................................................... ...9

9. E XHAUST E MISSION S TANDARDS FOR 2001 AND L ATER S PARK -I GNITION M ARINE E NGINES .....9

10. M AINTENANCE AND W ARRANTY I NSTRUCTIONS

. .................................................. ..................22

11. L ABELING

................................................... ................................................... .......................22

12. S UBMISSION OF E NGINE I DENTIFICATION N UMBER

................................................... ..............22

13. [R ESERVED ]..................................................

................................................... ....................22

14. A PPLICATION FOR C ERTIFICATION

................................................... ......................................22

15. A PPROVAL OF A PPLICATION FOR C ERTIFICATION

................................................... ................24

16. E NGINE D ISPLACEMENT OF S PARK -I GNITION M ARINE ENGINES . .............................................25

17. E NGINE F AMILIES AND E NGINE F AMILY G ROUPS

................................................... .................25

18. T EST E NGINES

. .................................................. ................................................... ...............26

19. E XECUTIVE O FFICER ' S E NGINES

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

20. T EST P ROCEDURES

, G ENERAL R EQUIREMENTS

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

21. S ERVICE A CCUMULATION P ROCEDURES ; T EST E NGINES

. .................................................. ....29

22. S CHEDULED M AINTENANCE ; T EST E NGINES

................................................... .......................29

23. U NSCHEDULED M AINTENANCE ; T EST E NGINES

................................................... ...................30

24. E NGINE F AILURE

. .................................................. ................................................... ............31

25. D ATA S UBMISSION

................................................... ................................................... ..........31

26. T ESTING BY THE E XECUTIVE O FFICER

................................................... ................................32

27. C ERTIFICATION

................................................... ................................................... ...............33ii

28. A MENDMENTS TO THE A PPLICATION

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

29. A LTERNATIVE P ROCEDURE FOR N OTIFICATION OF A DDITIONS AND C HANGES .........................34

30. M AINTENANCE OF R ECORDS

................................................... ..............................................35

31. R IGHT OF E NTRY

................................................... ................................................... ............37

32. D ENIAL

, R EVOCATION

, OR S USPENSION OF C ERTIFICATION

. .................................................. 39

33. A DJUDICATORY H EARING

................................................... ................................................... 41

PART II. SPARK-IGNITION MARINE ENGINES - DETERMINATION OF DE TERIORATION

FACTORS.

1. D EFINITIONS

................................................... ................................................... ...................42

2. A CRONYMS AND A BBREVIATIONS

. .................................................. .......................................42

3. D ETERIORATION F ACTOR

................................................... ................................................... 42

PART III. EMISSION TEST EQUIPMENT PROVISIONS.

1. S COPE ; A PPLICABILITY

. .................................................. ................................................... ...43

2. D EFINITIONS

................................................... ................................................... ...................43

3. A CRONYMS AND A BBREVIATIONS

. .................................................. .......................................43

4. T EST E QUIPMENT O VERVIEW

................................................... .............................................43

5. D YNAMOMETER S PECIFICATIONS AND C ALIBRATION A CCURACY .............................................43

6. D YNAMOMETER T ORQUE C ELL C ALIBRATION

................................................... ......................44

7. E NGINE C OOLING S YSTEM

................................................... .................................................45

8. L UBRICATING O IL AND T EST F UEL

................................................... ......................................45

9. E NGINE I NTAKE A IR T EMPERATURE M EASUREMENT

. .................................................. ...........48

10. E NGINE I NTAKE A IR H UMIDITY M EASUREMENT

. .................................................. ...................48

11. T EST C ONDITIONS

................................................... ................................................... ..........48

12. A NALYTICAL G ASES

................................................... ................................................... ........49

13. A NALYZERS R EQUIRED

................................................... ................................................... ...51

14. A NALYZER A CCURACY AND S PECIFICATIONS

. .................................................. ......................53

15. A NALYZER I NITIAL C ALIBRATION

................................................... .........................................55

16. H YDROCARBON A NALYZER C ALIBRATION

. .................................................. ...........................55

17. C ARBON M ONOXIDE A NALYZER C ALIBRATION

. .................................................. ....................58

18. O XIDES OF N ITROGEN A NALYZER C ALIBRATION

................................................... ..................59

19. NO X C ONVERTER C HECK

. .................................................. ..................................................6 1iii

20. C ARBON D IOXIDE A NALYZER C ALIBRATION

. .................................................. ........................63

21. NDIR A NALYZER C ALIBRATION

................................................... ..........................................63

22. C ALIBRATION OF O THER E QUIPMENT

. .................................................. .................................65

23. A NALYZER B ENCH C HECKS

................................................... ................................................65

24. A NALYZER L EAKAGE C HECK

. .................................................. ..............................................66

25. A NALYZER I NTERFERENCE C HECKS

. .................................................. ...................................66

26. P RE

- AND P OST

- TEST A NALYZER C ALIBRATION

. .................................................. ..................68

27. S AMPLING S YSTEM R EQUIREMENTS

................................................... ...................................69

28. M EASUREMENT E QUIPMENT A CCURACY /C ALIBRATION F REQUENCY T ABLE . ...........................69

29. C ATALYST T HERMAL S TRESS T EST

................................................... ....................................70

Appendix A to Part III.............................

................................................... ..................... A-71

Appendix B to Part III – Figures...................

................................................... ............... B-72

PART IV. GASEOUS EXHAUST TEST PROCEDURES

1. S COPE ; A PPLICABILITY

. .................................................. ................................................... ...74

2. D EFINITIONS

................................................... ................................................... ...................74

3. A BBREVIATIONS

................................................... ................................................... ..............74

4. T EST P ROCEDURE O VERVIEW

. .................................................. ...........................................74

5. R ECORDED I NFORMATION

................................................... ..................................................7 5

6. E NGINE P ARAMETERS TO BE M EASURED AND R ECORDED

................................................... ...77

7. E NGINE I NLET AND E XHAUST S YSTEMS

. .................................................. ..............................77

8. P RE

- TEST P ROCEDURES

. .................................................. ................................................... 77

9. E NGINE D YNAMOMETER T EST R UN

................................................... ....................................79

10. E NGINE T EST C YCLE

................................................... ................................................... ......81

11. P OST

- TEST A NALYZER P ROCEDURES

................................................... .................................81

12. D ATA L OGGING

. .................................................. ................................................... ..............82

13. E XHAUST S AMPLE P ROCEDURE

– G ASEOUS C OMPONENTS

................................................... 83

14. R AW G ASEOUS E XHAUST S AMPLING AND A NALYTICAL S YSTEM D ESCRIPTION ........................85

15. R AW G ASEOUS S AMPLING P ROCEDURES

................................................... ...........................87

16. I NTAKE A IR F LOW M EASUREMENT S PECIFICATIONS

................................................... ............87

17. F UEL F LOW M EASUREMENT S PECIFICATIONS

................................................... .....................87

18. D ATA E VALUATION FOR G ASEOUS E MISSIONS

................................................... ....................88iv

19. R AW E MISSION S AMPLING C ALCULATIONS

. .................................................. .........................88

20. CVS C ONCEPT OF E XHAUST G AS S AMPLING S YSTEM

................................................... ........93

21. D ILUTE G ASEOUS E XHAUST S AMPLING AND A NALYTICAL S YSTEM D ESCRIPTION . ...................94

22. [R ESERVED ]..................................................

................................................... ....................98

23. E XHAUST G AS A NALYTICAL S YSTEM ; CVS G RAB S AMPLE

................................................... ..98

24. D ILUTE S AMPLING P ROCEDURE

– CVS C ALIBRATION

................................................... .........99

25. CVS C ALIBRATION F REQUENCY

. .................................................. ......................................106

26. D ILUTE E MISSION S AMPLING C ALCULATIONS

................................................... ....................106

27. C ATALYST T HERMAL S TRESS R ESISTANCE E VALUATION

................................................... ...110

Appendix A to Part IV – Figures. ...................

................................................... ........... A-1121

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROC EDURES

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) (1) This rule applies to model year 2001 and la ter spark-ignition (SI) marine engines, unless otherwise indicated.

(2) Every new spark-ignition marine engine that is manufactured for sale, sold, or offered for sale in California, or that is introduc ed, and delivered or imported into California for introduction into commerce, and whic h is subject to any of the standards prescribed in this article must be covere d by an Executive Order, issued pursuant to this article.

(3) Spark-ignition inboard and sterndrive marine en gines produced by the engine manufacturer to be used solely for competition are exempt from the requirements of this document, provided that the marine watercra ft in which the engine is installed is designed, built, and used solely for c ompetition. Marine watercraft used for amateur or occasional competition do not m eet the competition exemption criteria.

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

(c) (1) For purposes of this article, military tact ical vehicles or equipment means vehicles or equipment owned by the U.S. Department of Defense and/or the U.S. military services and used in combat, combat suppor t, combat service support, tactical or relief operations, or training for such operations.

(2) This article shall not apply to engines used in off-road military tactical vehicles or equipment which have been exempted from regulati ons under the federal national security exemption, 40 CFR, subpart J, sec tion 90.908, which is incorporated by reference herein. It shall also no t apply to those vehicles and equipment covered by the definition of military tac tical vehicle that are commercially available and for which a federal cert ificate of conformity has been issued under 40 CFR Part 91, subpart B, which is in corporated by reference

herein.

(3) On January 1, 1997, the U.S. Department of Defe nse shall submit to the ARB a list of all vehicles and equipment that are exemp ted under the above provisions

and which are located in the State of California. If any additional vehicle and equipment types are added to the list during any ca lendar year after January 1,2

1997, the U.S. Department of Defense shall update t he list and submit it to the ARB by January 1 of the following year.

2. Definitions.

The definitions in section 2441, Chapter 9, Title 1 3 of the California Code of Regulations apply with the following additions:

“Engine Family” is a subclass of a basic engine bas ed on similar emission characteristics. The engine family is the grouping of engines that is used for the purposes of certification, and is determined in acc ordance with section 17.

“Engine-Displacement-System Combination” or “Engine Family Displacement Emission Control System Combination” is a subclass of an eng ine family based on engine displacement and specific emission control system c omponents, and is used for purposes of test engine selection.

“Engine Model” or “Engine Code” is a subclass of an engine-displacement system combination on the basis of the engine calibration (e.g., carburetor jet size, valve timing, etc.), and other parameters that may be designated by the Executive Officer.

“Gross Power” means the power measured at the engin e crankshaft (or equivalent) and produced by an engine that is equipped with only th e accessories that are necessary for engine operation.

“Hang-up” means the situation whereby hydrocarbon m olecules are absorbed, condensed, or otherwise removed from the sample flo w prior to the instrument detector; and any subsequent desorption of the molecules into the sample flow when such

molecules are assumed to be absent.

“Incomplete Engine Assembly” is a basic engine asse mbly that does not include all of the components necessary for designation as a compl ete engine assembly, and is marketed in order to be a part of, and assembled in to, a new unit of equipment.

“Oxides of Nitrogen” means the sum of the nitric ox ide and nitrogen dioxide contained in a gas sample as if the nitric oxide were in the for m of nitrogen dioxide.

“Rated Power” means the maximum brake power output (in kilowatts) of an engine as specified by an engine manufacturer.

“Rated Speed” means the engine speed (revolutions p er minute [rpm]) at which the manufacturer specifies the maximum rated power of a n engine.

“Rebuild” or “Rebuilding” refers to a major overhau l in which you replace the engine's pistons or power assemblies or make other changes t hat significantly increase the service life of the engine. It also includes repla cing or rebuilding an engine's3

turbocharger or aftercooler or the engine's systems for fuel metering or electronic control so that it significantly increases the serv ice life of the engine. For these provisions, rebuilding may or may not involve remov ing the engine from the equipment. Rebuilding does not normally include scheduled emis sion-related maintenance that the standard-setting part allows during the useful life period (such as replacing fuel injectors) or unscheduled maintenance that occurs c ommonly within the useful life period. For example, replacing a water pump is not rebuilding an engine.

“Span gas” means a gas of known concentration that is used routinely to set the output level of any analyzer.

“Special Tool” means a tool or fixture specified by an engine manufacturer that is intended to perform only a specific function with r espect to an engine; and the effective usage of the tool or fixture requires special exper tise.

3. Abbreviations.

ARB — California Air Resources Board

AECD — Auxiliary emission control device

ASME — American Society of Mechanical Engineers

ASTM — American Society for Testing and Materials

C — Carbon

C — Celsius

C 3 H 8 — Propane

cc — Cubic centimeter(s)

cfm — Cubic feet per minute

cfh — Cubic feet per hour

CLD — chemiluminescent detector

cm — Centimeter(s)

CO — Carbon monoxide

CO 2 — Carbon Dioxide

conc — Concentration4

cu. — Cubic

CVS — Constant Volume Sample

EGR — Exhaust gas recirculation

EP — End point

F — Fahrenheit

FEL — Family Emission Limit

g — Gram(s)

g/kW-hr — gram(s) per kilowatt hour

h — hour

HC — Hydrocarbon(s.)

HCLD — heated chemiluminescent detector

HFID — heated flame ionization detector

Hg — Mercury

hp — Horsepower

HSC — Health and Safety Code

H 2 O — Water

in. — Inch(es)

K — Kelvin

kg — Kilogram(s)

km — Kilometer(s)

kPa — Kilopascals

kW — kilowatt

lb — Pound(s)5

m — meter(s)

mph — Miles per hour

mm — Millimeter(s)

N — Newton

N 2 — Nitrogen

NDIR — non-dispersive infrared analyzer

NGPA — Natural Gas Processors Association

NIST — National Institute of Standards and Testing

NO — Nitric Oxide

NO 2 — Nitrogen Oxide

NO

x — Oxides of nitrogen

No. — Number

O 2 — Oxygen

OB — Outboard engine(s)

Pa — Pascals

pb — Lead

PMD — Paramagnetic detector

ppm — Parts per million by volume

psi — Pounds per square inch

psig — Pounds per square inch gauge

PWC — Personal watercraft

R — Rankine

rpm — Revolutions per minute6

SI — Spark-ignition

U.S.C. — United States Code

VOC — Volatile organic compounds

wt — Weight

ZROD — Zirconium dioxide sensor

° — Degree(s)

% — Percent

4. Measurement System.

These provisions utilize the International System o f Units.

5. General Standards; Increase in Emissions; Unsafe C onditions.

(a) Any emission control system installed on or inc orporated in a new spark-ignition marine engine to enable such an engine to conform t o standards imposed by these provisions:

(1) Must not in its operation or function cause the emission into the ambient air of any noxious or toxic substances that would not be e mitted in the operation of such engine without such emission control system, e xcept as specifically permitted by regulation; and,

(2) Must not in its operation, function, malfunctio n result in any unsafe condition endangering the equipment, its user(s), or persons or property in close proximity to the equipment.

(b) Every manufacturer of new spark-ignition marine engines subject to any of the standards imposed by these provisions must test, or cause to be tested, engines in accordance with good engineering practice to ascert ain that such test engines will meet the requirements of this section for the useful lif e of the engine.

6. Defeat Devices, Prohibition.

(a) No spark-ignition marine engine may be equipped with a defeat device.

(b) Defeat device means any element of design that:7

(1) Senses temperature, engine RPM, manifold vacuum , or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system; and,

(2) Reduces the effectiveness of the emission contr ol system under conditions that may reasonably be expected to be encountered i n normal equipment operation and use, unless:

(i) (A) Such conditions are substantially included in the test procedure; or,

(ii) (B) The need for the device is justified in terms of p rotecting the spark-ignition marine engine against damage or accident; or,

(iii) (C) The device does not go beyond the requirements of engine starting or

warm-up.

7. [Reserved].

7. Practices for Rebuilding Engines.

(a) These requirements apply to anyone rebuilding a n engine subject to this part, but the recordkeeping requirements in paragraphs (h) an d (i) of this section apply only to

businesses. For maintenance or service that is not rebuilding, including any maintenance related to evaporative emission control s, changes may not be made that might increase emissions of any pollutant, but reco rdkeeping is not required.

(b) Anyone rebuilding an engine or engine system mu st have a reasonable technical basis for knowing that the rebuilt engine's emissio n control system performs as well as, or better than, it performs in its certified config uration. The model year of the resulting engine configuration must be identified. A reasona ble technical basis is met under two

main conditions:

(1) Install parts—new, used, or rebuilt—so a person familiar with engine design and function would reasonably believe that the engi ne with those parts will control emissions of all pollutants at least to the same degree as with the original parts. For example, it would be reasonable to beli eve that parts performing the same function as the original parts (and to the sam e degree) would control emissions to the same degree as the original parts.

(2) Adjust parameters or change design elements onl y according to the original engine manufacturer's instructions. To differ from these instructions requires

verifiable data or some other technical basis to sh ow that an increase in in-use

emissions would not result.8

(c) If the rebuilt engine remains installed or is r einstalled in the same piece of equipment, it must be rebuilt to the original confi guration or another certified configuration of the same or later model year.

(d) If the rebuilt engine replaces another certifie d engine in a piece of equipment, it must be rebuilt to a certified configuration of the same model year as, or a later model year than, the engine being replaced.

(e) Emission-related codes or signals from onboard monitoring systems must not be erased or reset without diagnosing and responding a ppropriately to any diagnostic codes. This requirement applies regardless of the manufacturer's reason for installing the monitoring system and regardless of its form or interface. Upon returning the rebuilt engine into service, clear any codes from the diagn ostic systems. Do not disable a diagnostic signal without addressing its cause.

(f) When rebuilding an engine, check, clean, adjust , repair, or replace as needed all emission-related components (listed in § 2445.1., t itle 13, CCR) according to the original manufacturer's recommended practice. In particular , replace oxygen sensors, replace the catalyst if there is evidence of malfunction, c lean gaseous fuel-system components, and replace fuel injectors (if applicable), unless there exists a reasonable technical basis for believing that any of these components do not need replacement.

(g) When installing an engine that was rebuilt by a nother source, the installer must check all emission-related components listed in § 2 445.1., title 13, CCR, as needed, according to the original manufacturer's recommende d practice.

(h) Businesses must keep at least the following rec ords:

(1) Identify the hours of operation (or mileage, as appropriate) at time of rebuild.

(2) Identify the work done on the engine or any emi ssion-related control components, including a listing of parts and compon ents used.

(3) Describe any engine parameter adjustments.

(4) Identify any emission-related codes or signals responded to and reset.

(i) Records must be available or made available upo n request. Records must be kept for at least two years after rebuilding an engine. Records may be kept in any format that is readily reviewable.

(1) Keeping information that is not reasonably avai lable through normal business practices is not expected..

(2) Keeping records of what other companies do is n ot necessary.9

(3) Keeping records based on families rather than i ndividual engines is allowable.

8. Replacement Engines.

No new spark

- ignition marine engines may be produced for sale to replace spark

ignition marine engines in pre

- 2001 model year equipme nt after the 2004 model year, unless those engines comply with the 2001 model yea r emission standards

.

A new spark-ignition marine engine produced solely to replace an engine originally manufactured in accordance with the requirements of § 2422 shall be identical in specifications to the most stringent certified emis sions configuration currently available that can be installed in a vessel or personal water craft without unreasonable modifications, as determined by the Executive Offic er. A new replacement engine with emissions performance less than maximum stringency shall be allowed only if all engines of greater stringency are incompatible with the vessel or personal watercraft and so long as the emissions performance of the new replacement engine is at least as stringent as that of the engine being replaced. Ne w replacement engines that do not comply with current year emission requirements must be labeled as follows:

“SALE OR INSTALLATION OF THIS ENGINE FOR ANY PURPOS E OTHER

THAN TO REPLACE AN ENGINE OF SIMILAR OR LESS STRING ENT

EMISSIONS PERFORMANCE IS A VIOLATION OF CALIFORNIA LAW

SUBJECT TO CIVIL PENALTY.”

9. Exhaust Emission Standards for 2001 and Later Sp ark-Ignition Marine Engines

(a) Model year 2001 and later model year spark-igni tion personal watercraft and outboard marine engines:

(1) Exhaust emissions from new spark-ignition marin e engines manufactured for sale, sold, or offered for sale in California, or t hat are introduced, delivered or imported into California for introduction into comm erce, must not exceed the following standards:10 Table 1.1 Corporate Average Emission Standards by Implementat ion Date

HC+NO
x (g/kW-hr)

Model Year Max. Family

Emission Limit (FEL) P tx < 4.3 kW 1 P tx ≥ 4.3 kW 1

2001-2003 Not Applicable 81.00 (0.25 × (151+557/P tx 0.9 )) + 6.0

2004-2007 80 64.80 (0.20 × (151+557/P tx 0.9 )) + 4.8

2008 and Later 2 44 30.00 (0.09 × (151+557/P tx 0.9 )) + 2.1

1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maxi mum engine power; otherwise maximum rated power may be used. 2. For 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of nitrogen.

Table 1.2

Carbon Monoxide Exhaust Emission Standards

ENGINE

CATEGORY MODEL YEAR POWER

CATEGORY 1

[kilowatts] CO STANDARD

[grams per kilowatt-hour]

kW ≤ 40 500 - 5 x P 3

OB/PWC 2 2009 and later

kW > 40 300.0 3

1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maxi mum engine power; otherwise maximum rated power may be used.

2. Abbreviation for “Outboard and Personal Water Craft” engines 3. P is defined as maximum rated power or maximum engine power (see footnote 1) in kilowatts (kW)

where:

P tx is the average power in kilowatts (kW) (sales-weig hted) of the total number of spark-ignition marine engines produced fo r sale in California in model year x. Engine power must be calculated usin g the Society of Automotive Engineers (SAE) standard J1228, November 1991, incorporated herein by reference. Engine manufactu rers must not

determine P tx

by combining the power outputs of personal watercr aft engines.

(2) An engine manufacturer may comply with the stan dards directly on an individual engine family basis. Consequently in Ta ble 1.1 , FELs are not applicable for any model year and P tx means the average power in kW11

(sales-weighted) of the subject engine family produ ced for sale in California in model year x.

Compliance with the HC+NOx standards on a corporate average basis is

determined as follows:

ca n

j jx

jx n

j jx jx jx
STD

P PROD P FEL PROD

= 

## ∑ ∑

= =

1 1

)

)( ( )

)( )( (

where:

n = total number of engine families (by category)

PROD jx = number of units each engine family j produced for

sale in California in model year x.

FEL jx = the Family Emission Limit (FEL) for engine famil y j in

model year x, which must be determined by the engine manufacturer subject to the following conditions: (1) no individual engine family FEL sha ll exceed the maximum allowed value as specified in Table 1; (2) no engine family designation or FEL sh all be amended in a model year unless the engine family is recertified; and (3) prior to sale or offering f or sale in California, each engine family must be certified in accordance with the test procedures referenced in section 2447 and must meet the engine

manufacturer’s FEL as a condition of the Executive Order. Before certification, the engine manufactur er must also submit estimated production volumes for each engine family to be offered for sale in Califo rnia.

P jx = the average power in kW (sales-weighted) of engi ne

family j produced for sale in California in model y ear x. Engine power must be calculated using SAE standard J1228, November 1991, incorporated herein by reference.

STD
ca = an engine manufacturer’s calculated corporate

average HC+NO

x exhaust emissions from those California spark-ignition marine engines subject to the California corporate average HC+NO

x exhaust

emission standard determined from Table 1.1 , as12 established by an Executive Order certifying the California production for the model year. This Executive Order must be obtained prior to the

issuance of certification Executive Orders for individual engine families for the model year.

(A) For purposes of compliance under this paragraph , engine manufacturers must not corporate average outboard engine families in combination with personal watercraft engine families.

(B) During engine manufacturer’s production year, f or each engine family, the manufacturer shall provide to the Executive Officer within 45 days after the last day in each calendar quarter: The total number of s park-ignition marine engines produced for sale in California and their applicabl e FEL. (C)The Executive Order certifying the California pr oduction for a model year must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year.

(D)The engine manufacturer’s average pollutant exha ust emissions must meet the corporate average standard at the end of the ma nufacturer’s production for the model year. No later than 90 days after the en d of the model year, the manufacturer must calculate a corrected corporate a verage using actual rather than projected sales.

(E) Production and sale of spark-ignition marine en gines which result in noncompliance with the California standard for the mod el year shall cause an engine manufacturer to be subject to civil penalties, per engine, pursuant to section 43017 of the Health and Safety Code, and subject to all other remedies available under Part 5, Division 26 of the Health and Safety Code. All excess emissions resulting from non-compliance with the California s tandard must be made up in the following model year.

(F) For each model the engine manufacturer shall su bmit California sales data.

(b) Model year 2003 and later model year spark-igni tion inboard and sterndrive marine engines:

(1) Exhaust emissions from all new model year 2003 and later spark-ignition

inboard and sterndrive sterndrive/inboard marine engines must not exceed the

exhaust emission standards listed in Tables 2.1(a) and /or 2.1(b) for the designated emission durability test period.

(A) Prior to Model Year 2007 certification, each engine manu facturer must select either Option 1 (OPT 1) or Option 2 (OPT 2) for its entire production of standard performance engines for the 2007 and 2008 model years.13 Table 2.1(a)

Standard Performance Inboard/ Sterndrive/Inboard Marine Engine Standards

EXHAUST STANDARDS RATED

POWER

CATEGORY 1 DURABILITY
NM HC 2 3 +NOx TYPE 3 4 CO MODEL

YEAR

[kilowatts] COMPLIANCE

OPTION 1 2

[hours / years] [grams per kilowatt-hour] [grams per kilowatt-hour] SUPPLEMENTAL

MEASURE 4 5

2003 -

2006 kW ≤ 373 N/A N/A 16.0 AVE 6 None

N/A 16.0 (55%) AVE 6
OPT 1 480 / 10 5.0 (45%) FIXED None

2007 kW ≤ 373

OPT 2 N/A 14.0 FIXED Low-Permeation

Fuel Line Hoses

N/A 16.0 (25%) AVE 6
OPT 1 480 / 10 5.0 (75%) FIXED None

2008 kW ≤ 373

OPT 2 480 / 10 5.0 FIXED N/A

Low-Permeation

Fuel Line Hoses

kW ≤ 373 480 / 10 5.0 6 ,7,8 FIXED 75.0 7,9

373 < kW ≤

485 150 5 / 3 5.0 6 AVE 2009

and later

kW > 485 N/A

50 5 / 1 5.0 6 AV E Carryover 7 10

Notes: 1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maxi mum engine power; otherwise maximum rated power may be used

1 2 . Once a manufacturer has chosen an option, that option must continue to be used exclusively across product lines

2 3 . The non

- methane component of hydrocarbon For 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of nitro gen; however, the nonmethane component of hydrocarbon may be substituted in prior years

3 4 . Corporate averaging (AVE) may be used to demons trate compliance with the exhaust emission standard , except where a FIXED standard is required

4 5 . Supplemental measures may be different than sho wn, but must provide equal and verifiable emission reductions to those indicated 5. For the purpose of durability testing, engine components that have been approved with an hourly w arranty period shorter than the full hourly durabil ity period per § 2445.1 (c)(3)(C)4. may be replaced at the s pecified warranty interval 6. The corporate average calculation may be met w ith or without power weighting for these years

6 7 . All engines ≤ 373 kW must meet a 5.0 g/kW

- hr NMHC+NOx capping standard. For engines > 373 kW , the standard may be met by sa les

- averaging with engines equal to or less

than 373 kW A single engine family certified under the disconti nuation allowance in § 2442(g)(2) may continue to m eet current certification levels for HC+NOx and no more than 150 g/kW-hr for CO over the engine’s useful life provid ed that the manufacturer certifying such an engine family also certifies one or more engine families t o family emissions limits sufficiently low to enable compliance on a corporat e average basis 8. Large volume dual category manufacturers are r equired to certify one or more engine families to a family emissions limit lower than the HC+NOx stand ard when complying with high performance engines on a corporate average basis 9. Standard performance engines ≥ 6.0 liter displacement may alternatively meet a 25 g/kW-hr standard for Modes 2-5 of the ISO 8178-4 E 4 marine test cycle

7 10 . The same or better supplemental emission contro l hardware used to meet the standard comply in 2007 must be used every model year thereafter an d all fuel hoses (i.e., not just the fuel line hose) must be low-permeation hoses

(B) At the time of, or prior to, Model Year 2009 certification, each Large

Volume Dual Category Manufacturer must declare whet her it will comply with the high performance exhaust standard of 5.0 g/kW-h r HC+NOx through averaging or whether it will comply with the less s tringent small volume high performance HC+NOx exhaust standard through the inc orporation of enhanced evaporative control systems on vessels usi ng standard performance engines for 2009 and subsequent model year engine p roduction.14 Table 2.1(b) High Performance Sterndrive/Inboard Marine Engine S tandards

HC b +NOx

STANDARD

[grams per kilowatt-hour] MODEL

YEAR POWER a

CATEGORY

[kilowatts] Small Volume or

Large Volume Single Category

Manufacturer Large Volume Dual Category

Manufacturer CO

STANDARD

[grams per kilowatt-hour]

373 < kW ≤ 485 16.0 c 2009 -

2010 kW > 485 25.0 c 5.0 d 350.0 c

373 < kW ≤ 485 16.0 c 2011

and later kW > 485 22.0 c 5.0 d 350.0 c

a For 2010 and subsequent model years, an engine or engine family’s power category is based on maxim um engine power; otherwise maximum rated power may be used b For 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of n itrogen; however, the non-methane component of hydrocarbon m ay be substituted in prior years c These standards are fixed except that engine fa milies certified under the discontinuation allowanc e in § 2442(g)(2) may continue to meet current certification levels f or HC+NOx over the engine’s useful life provided th at the manufacturer certifying such an engine family also certifies one or more engine families to family emi ssions limits sufficiently low to enable compliance on a corporat e average basis d This standard may be met on a corporate average basis between high performance engines and/or betw een standard performance and high performance engines. Alternately, large volume dual category manufactur ers may comply with the exhaust standards for small volume manufacturers provided a sufficient number of vesse ls with the manufacturer’s standard performance engines are equ ipped with enhanced evaporative control systems as noted in § 2442(b)(5). Manufacturers must declare their int ent to use this alternative prior to certifying eng ines for the 2009 model year and must continue to certify future mode l year engines using this alternative exclusively a cross product

lines

(A) (C) No crankcase emissions shall be discharged into th e ambient atmosphere from 2003 and later spark-ignition sterndrive/ inboard and sterndrive marine engines.

(B) (D) Production and sale of spark-ignition marine engin es that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive Orders for the applicable engine families; enjoinme nt from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies available under Part 5, Division 26 of the Health a nd Safety Code. Before seeking remedial action against the engine manufact urer, the Executive Officer will consider any information provided by the equip ment manufacturer.

(C) (E) For each engine family, the engine manufacturer sh all submit the total number of engines produced for sale in California, or the total number of engines produced for sale nationally, ninety (90) days afte r the end of the model year.

(2) Evaporative Requirements for All High Performan ce Engine Manufacturers

and Boat Manufacturers:15 (A) For 2009 and subsequent model year engines, eac h engine manufacturer must provide written instructions, as part of the installation materials provided to boat manufacture rs, to use enhanced evaporative control systems on any boat th at is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into C alifornia for introduction into commerce. The engine manufacture r shall also provide evidence that the supplier(s) of the e nhanced evaporative control system has designed the system components to meet or exceed the diurnal and permea tion design specifications listed in Table 2.2 throughou t the useful life of the engine.

Table 2.2 Sterndrive/Inboard Marine Evaporative Des ign Specifications

PERMEATION

STANDARDS 1

[grams per square meter per day] DIURNAL

STANDARD 2

[grams per gallon per day] TEST

TEMPERATURES

[degrees Celsius]

Fuel Hoses 15.0 — 23 ± 2

Fuel Tank 1.5 — 28 ± 2

Trailerable Boat — 0.40 25.6 – 32.2

Nontrailerable Boat — 0.16 27.6 – 30.2

1. Fuel hoses and tank permeation testing requires fuel with 10% ethanol content. 2. Diurnal testing requires fuel with 9 pounds per square inch (psi) Reid Vapor Pressure volatility an d a 24-hour fuel temperature cycle.

(B) For 2009 and subsequent model year engines, eac h boat manufacturer must install an enhanced evaporative c ontrol system on every boat that is manufactured for sale, sold, or offered for sale in California that uses a high per formance engine.

(3) (2) Compliance with the standards on a corporate avera ging basis is

calculated as follows:

Average Corporate
) PROD ( ) EL )( PROD (

n

1 j jx n

1 j jx

jx

= 

## ∑ ∑

= =16 Average Corporate
) P )( PROD ( )

P )( EL )( PROD (

n

1 j jx

jx n

1 j jx jx jx

= 

## ∑ ∑

= =

where:

n = Total number of engine families available for

averaging.

PROD jx = Number of engines in engine family j produced fo r

sale in California in model year x.

EL jx = The measured NM HC+NO
x emission levels for engine

family j in model year x; or for engines > 485 kW, the manufacturer may choose to use 30 g/kW

- hr as per paragraph (F) below

.

P jx = The average power in kW (sales-weighted) of engin e

family j produced for sale in California in model y ear x. Engine power must be calculated using SAE standard J1228, November 1991, incorporated herein by reference.

(A) During the engine manufacturer’s production yea r, for each engine family, the engine manufacturer shall provide the Executive Off icer within 45 days after the last day in each calendar quarter the total number of spark-ignition marine engines produced for sale in California and their a pplicable EL(s).

(B) The Executive Order certifying the California p roduction for a model year must be obtained prior to the issuance of certifica tion Executive Orders for individual engine families for the model year.

(C) The engine manufacturer’s average NM HC+NO
x exhaust emissions must meet the corporate average standard at the end of t he engine manufacturer’s production for the model year. At the end of the m odel year, the manufacturer must calculate a corrected corporate average using sales or eligible sales rather than projected sales.

(D) Production and sale of spark-ignition marine en gines that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive Orders for the applicable engine families; enjoinme nt from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies Formatted: Underline, Lowered by 31 pt

Formatted: Underline17

available under Part 5, Division 26 of the Health a nd Safety Code. Before seeking remedial action against the engine manufact urer, the Executive Officer will consider any information provided by the engin e manufacturer.

(E) For each engine family, the engine manufacturer shall submit California sales data within one hundred eighty (180) days after the end of the model year.

(F) Engines exceeding 485 kilowatts maximum rated power : In lieu of exhaust

emission testing, manufacturers may certify using a default exhaust emi ssions level of 30.0 grams per kilowatt

- hour of NMHC+NO
x in their corporate averaging

calculation.

(3) (4) Alternate Requirements for Standard Performanc e Manufacturers:

(A) Requirements of engine manufacturers and boat manu facturers under Option 2 and using Low Permeation Fuel Line Hose:

(A) 1. Each engine manufacturer that chooses Option 2 mus t provide written instructions, as part of the installation m aterials provided to purchasers of the engine, to use Low Permeation Fue l Line Hose for the primary fuel line connecting the fuel tank to the e ngine of any boat that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into California f or introduction into

commerce.

(B) 2. Each boat manufacturer must install Low Permeation Fuel Line Hose for the primary fuel line connecting the fuel tank to the engine of any boat that is manufactured for sale, sold, or offered for sale in California that uses an engine from a manufacturer that chooses Opt ion 2.

(4 ) (B) Supplemental Measures. Prior to Model Year 2007 ce rtification, manufacturers choosing Option 2 may request Executi ve Officer approval of a supplemental measure as an alternative to meeting t he requirements of paragraph (b)(3). In determining whether to approv e a request, the Executive Officer will consider the following:

(A) 1. Whether the proposed supplemental measure would ac hieve

reductions in NM HC+NO
x equivalent to using Low Permeation Fuel Line Hoses,

(B) 2. The engine manufacturer’s measures to ensure succe ssful implementation of the proposed supplemental measure

,

(C) 3. The durability of the proposed supplemental measur e, and

(D) 4. Any additional information the Executive Officer d eems relevant.18 (5) Alternate Requirements for Large Volume Dual Categ ory Manufacturers.

In lieu of complying with the 5.0 g/kW-hr HC+NOx ex haust standard in Table 2.1(b) for high performance engines, large volume dual category engine manufacturers may certify high perf ormance engines to the same HC+NOx exhaust standards as req uired for small volume manufacturers in Table 2.1(b) provided that a sufficient number of boats using standard performan ce engines are equipped with enhanced evaporative control systems to fully compensate for the change in emission benefits from allowing compliance to the less stringent standard. Unless a lower percentage is demonstrated sufficient by the certif ying manufacturer, a minimum of fifteen percent annually of the large volume dual category manufacturer’s standard perfor mance engine production for California must be installed in boat s equipped with enhanced evaporative control systems. Beginning wi th the 2009 model year and for all model years thereafter, the following would apply:

A. Each engine manufacturer must provide written

instructions, as part of the installation materials provided to purchasers of the engine, to use enhanced evaporative control systems on any boat that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imp orted into

California for introduction into commerce that uses a standard performance engine intended to qualify the engine manufacturer to certify its high performance engines using the HC+NOx standards intended for sma ll volume high performance manufacturers in Table 2.1( b) of this section. The engine manufacturer shall als o provide evidence that the supplier(s) of the enhanc ed evaporative control system has designed the system components to meet or exceed the diurnal and permeation design specifications listed in Table 2. 2 throughout the useful life of the engine.

B. Each boat manufacturer shall install an enhanced evaporative control system on every boat that is manufactured for sale, sold, or offered for sale in California that uses a standard performance engine intended to qualify the engine manufacturer to cert ify its high performance engines using the HC+NOx standards Formatted: Indent: Left: 1"

Formatted: Indent: Left: 1.5" Deleted:19 intended for small volume high performance manufacturers in Table 2.1(b) of this section.

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

(RESERVED)

{Note to commenters: Upon promulgation by the Unit ed States Environmental Protection Agency of Not-to-Exceed (N TE) requirements for spark-ignition marine engines, the Executive Of ficer shall have the authority to adopt the same NTE requirements for Ca lifornia; such that, for engines subject to these regulations, California wo uld have full authority to enforce the NTE limits independently of the fede ral government. The federal NTE proposal can be found at "Control of Em issions from Nonroad Spark-Ignition Engines and Equipment," Federal Regi ster Volume 76, Number 92, Friday, May 18, 2007, 28098, at pages 28 279-28281, as discussed at pp. 28121-28124. There will be no add itional demonstrations of NTE compliance unique to Californ ia beyond those of the federally promulgated requirements.}

(d) Voluntary Standards. Model Year 2009 and later spark-ignition marine engines:

(1) Manufacturers may voluntarily certify their eng ines to the exhaust and evaporative emission standards in Table 3 below.

(2) Marine vessels powered by engines certified to the voluntary standards in Table 3 below and equipped with a fully compliant O BD-M system (see § 2444.2) shall display a five-star consumer/environmental em ission label (see § 2443.2 and § 2443.3).

Table 3 - Voluntary Standards

PERMEATION

STANDARDS
[grams per square meter per day] HC 1 +NO
X STANDARD
[grams per kilowatt-hour] CO

STANDARD
[grams per kilowatt-hour] Hose 3 Tank 4 DIURNAL

STANDARD 2

[grams per gallon per day]

2.50 50.0 15.0 1.5 0.4

1. The exhaust standard includes total hydrocarbo ns 2. Diurnal testing assumes a trailerable boat and requires fuel with 9 pounds per square inch (psi) volatility and a 24 hour fuel temperature cycle of 25.6 to 32.2 oCelsius 3 Fuel line permeation testing requires gasoline fuel with 10% ethanol content and must be performe d at a test temperature of 23 ± 2 oCelsius 4 Fuel tank permeation testing requires gasoline fuel with 10% ethanol content and must be performe d at a test temperature of 28 ± 2 oCelsius20

(3) Spark-ignition marine engines certified to the voluntary standards are subject to the same in-use compliance and recall requiremen ts as engines certified to the required exhaust and evaporative standards.

(e) Special Provisions for Engine and/or Vessel Man ufacturers

(1) Jet Boat Engines

(A) Jet boat engine families previously certified to t he HC+NOx standards for outboard engines and personal watercr aft in § 2442(a) may continue to be certified to those sta ndards until 2012 with the additional requirement for 2009 and subsequent model years to comply with the applicabl e carbon monoxide standards for OB/PWC engines in Tab le

1.2.

(B) Beginning in 2010, all new jet boat engine familie s shall comply with the standards for sterndrive/outboard e ngines in § 2442 (b) upon introduction, except that these new jet boat engine families may be cross-category averaged with any other jet boat or personal watercraft engine family to comply with those standards until 2012. An engine family certified to the § 2442 (a) standards prior to 2010, but not pre viously used in a jet boat application would be considered a new jet boat engine family in 2010.

(C) Jet boat engines previously certified in the same engine family with personal watercraft engines must be cer tified separately and to a unique engine family beginning in 2010 if new, or in 2012 otherwise.

(D) The OBD-M requirements in § 2444.2 would apply to new jet boat engine families in 2010 and to all jet boat en gine

families in 2012.

(2) Discontinuation of Marinized Sterndrive/Inboard En gines.

Sterndrive/inboard engine manufacturers who mariniz e base engines produced by another manufacturer may reques t a
discontinuation allowance from the Executive Office r, subject to the following:

(A) The base engine manufacturer has announced that it plans to discontinue the base engine.21 (B) Each marinizer may have a discontinuation allowanc e for only one engine family in effect at any time. As a n alternative to the “one engine family” stipulation, manufacturers may petition the Executive Officer to allow a modified grouping of engines based on factors that logically link the engines to be discontinued including, but not necessarily limited to, the pre-marinized base conf iguration of the engines (e.g., the same base engine offered in one family with fuel injection and another family with carburetion).

(C) The discontinuation allowance would allow the mari nizing manufacturer to continue to certify the engine fami ly to be

discontinued to emission levels that are less strin gent than the standards otherwise required for sterndrive/inb oard engines in § 2442 (b) for a total of four model yea rs, provided that on a corporate average basis, the manufacturer meets the required standards in § 2442 (b).

(D) Manufacturers shall not certify engine families to emission levels less stringent than those in effect for prev ious model year versions of the same or similar engine family. Fluctuations in certification levels from year to y ear due to component variation would not violate this prohibit ion unless

the fluctuations result in an exceedance of the sta ndards to which the engine family was previously certified.

(E) Manufacturers shall comply with all applicable OBD -M and evaporative requirements in effect for:

1. any previously uncertified engine family certifi ed for the first time under paragraph (g)(2) of this section t o emission levels that are less stringent than the st andards otherwise required for sterndrive/inboard engines i n § 2442(b); and

2. any current production engine family that has pr eviously been certified with OBD-M or evaporative systems.

(F) The applicable requirements of §§ 2442(b)(3), 2443 .1, and 2443.2, including averaging, records keeping, repor ting, and labeling, shall be applicable to manufacturers empl oying the discontinuation allowance provisions of this paragr aph (g)(2).

(c) (f) In 2001 and subsequent model years, fire and polic e departments, and other entities that specialize in emergency response may purchase emergency equipment powered by a non-California-certified spark-ignitio n marine engine only when such22

equipment with a California-certified spark-ignitio n marine engine is not available. For purposes of this section, a request to purchase eme rgency equipment powered by a non-California-certified engine must be submitted f or approval to the Executive Officer.

10. Maintenance and Warranty Instructions.

Maintenance and warranty instructions must conform to the requirements pursuant to sections 2445.1 and 2445.2, Title 13, California Co de of Regulations.

11. Labeling.

Labeling required pursuant to sections 2443.1, 2443 .2 and 2443.3, Title 13 of the California Code of Regulations must conform to the requirements specified therein.

12. Submission of Engine Identification Number.

(a) The manufacturer of any spark-ignition marine e ngine covered by an Executive Order must furnish to the Executive Officer, at the beginning of each model year, information and an explanation about the engine ide ntification number system pursuant to section 2443.1(e), Title 13 of the California Co de of Regulations that identifies production engines that are covered by an Executive Order.

(b) Within 30 days of receiving a request by the Ex ecutive Officer, the manufacturer of any spark-ignition marine engine covered by an Exec utive Order must identify such engines by their identification number system provi ded under the requirements of paragraph (a) above.

13. [Reserved].

14. Application for Certification.

(a) The Executive Officer may request notification, sixty (60) days prior to the initial model year submission of an engine manufacturer's c ertification application(s), of the engine manufacturer's intent to seek engine family certification (i.e., a letter of intent) so that the Executive Officer can adequately allocate resources required for reviewing such certification applications in a timely manner. Suc h letters of intent must provide the engine manufacturer's best estimate of general info rmation for the applicable modelyear certification, such as identification of each engine family, date of expected submission, etc.

(b) New spark-ignition marine engines are covered b y the following:

(1) Manufacturers of new spark-ignition marine engi nes must complete and submit to the Executive Officer a written applicati on, in the English language, requesting an Executive Order that certifies such e ngines be issued. The engine23

manufacturer must update and correct by amendment s uch applications whenever changes are made to engines that are delin eated in the certification application (see section 28). An engine manufactur er must include within a single application for certification all engine mod els within an engine family (see section 17 to determine what an engine family is). The application must describe each applicable engine model in the engine family. An engine manufacturer may, however, choose to apply separately for certif ication of part of its engine product line. The selection of test engines and th e computation of emission test results must be determined by the Executive Officer for each separate and individual engine family certification application.

(2) The certification application must be signed by an authorized representative of the engine manufacturer. The certification appl ication must include the following:

(i) (A) Identification and description of the engines cove red by the engine family certification application; descriptions of the engi ne designs (e.g., combustion chamber, valves, etc.); and, identifications (i.e., part numbers) and descriptions of the emission control system and components, auxi liary emission control devices, fuel system and components, air inlet syst em and components, exhaust system and components, and any optional equipment. For purposes of this section, “auxiliary emission control device” means any element of design that senses temperature, engine RPM, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission control system.

(ii) (B) Emission control warranty information as set forth in section 10.

(iii) (C) Emission control and consumer/environmental label information as set forth in section 11, including actual production la bels and descriptions of all applicable label attachment locations.

(iv) (D) Identification and description (i.e., range, value , etc.) of any adjustable engine parameters (e.g., idle fuel/air, ignition ti ming, etc.); and a description of

the method used to ensure that the emission charact eristics of the certification test engines remain representative of those of the production engines with respect to any adjustments of such engine parameter s.

(v) (E) Projected California sales data of the engine fami ly for which certification is requested. Where applicable, the sales for each en gine model within the engine family should be provided. Such estimated sales da ta must include an explanation of the method used to make the estimate

.

(vi) (F) A description of the facility and equipment used t o test the engines for certification including (as applicable) specificati ons about the dynamometers, gas analyzers, data collection devices, etc.24

(vii) (G) Information about the certification test fuels and lubricants, and information about the commercially available fuels and lubricants recommended for use in the production engines.

(viii) (H) A description of the proposed certification test e ngine service accumulation (e.g., break-in) procedure and the cer tification test engine

maintenance schedule.

(ix) (I) A statement of recommended periodic and anticipate d procedures for maintenance necessary to assure that the engine cov ered by an Executive Order conforms to the regulations. The statement must in clude a listing of the fuels and lubricants recommended for use by the ultimate purc haser and a description of the training program for personnel who will perform such maintenance, and the equipment required to perform such maintenance

(x) (J) The engine family’s FEL and an estimate of the ove rall corporate average emissions for that model year.

(xi) (K) Information about high-altitude adjustments, and a n engineering evaluation of one engine family within the manufact urer’s line that demonstrates emissions compliance at high altitudes.

(3) Completed copies of the engine family certifica tion application and of any amendments thereto, and all notifications under sec tions 28 and 29 must be submitted in such multiple copies as the Executive Officer requires.

15. Approval of Application for Certification.

(a) After a review of the complete engine family ap plication for certification and any other information that the Executive Officer requir es, the Executive Officer will approve the application if all the foregoing conditions are satisfied.

(b) The Executive Officer may disapprove an engine family application for certification, in whole or in part, for reasons including, but not limited to, being incomplete, inaccurate, or providing inappropriate information regarding proposed break-in procedures, maintenance, test equipment, label cont ent or locations, test fuel or lubricant. It may also be disapproved if the descr ibed engines incorporate any defeat devices. If an engine family certification applica tion or part thereof is rejected, the Executive Officer will notify the engine manufactur er in writing and set forth the reasons for such rejection.25

16. Engine Displacement of Spark-Ignition Marine en gines.

Engine displacements must be calculated using nomin al engine values and rounded to the nearest tenth of a cubic centimeter, in accorda nce with ASTM E 29-93a, (May 1993), incorporated by reference herein.

17. Engine Families and Engine Family Groups.

(a) Certification applications submitted by engine manufacturers must divide engines covered therein into groupings that are expected to have similar emission characteristics throughout their useful life. Each group of engines with similar emission characteristics must be defined as a separate engin e family.

(b) In order to be included within the same engine family, engines must be identical in all of the following specifications:

(1) The combustion cycle.

(2) The cooling mechanism.

(3) The cylinder block configuration (i.e., inline, vee, opposed, bore spacings, etc.).

(4) The number of cylinders.

(5) The method of air aspiration.

(6) The number, location, volume, and composition o f any catalytic converters.

(7) The thermal reactor characteristics.

(8) The number of carburetors, as applicable.

(9) The prechamber characteristics.

(10) The exhaust port(s) and cylinder design of two -stroke engines.

(c) At the engine manufacturer's option, reciprocat ing engines identical in all the specifications listed in paragraph (b) of this sect ion may be further divided into different engine families if the Executive Officer determines that they may be expected to have

different emission characteristics. This determina tion will be based upon consideration

of factors such as:

(1) The bore and stroke.

(2) The combustion chamber configuration.26

(3) The intake and exhaust timing method of actuati on (i.e., poppet valve, reed valve, rotary valve, etc.).

(4) The intake and exhaust valve or port sizes, as applicable.

(5) The fuel system.

(6) The exhaust system.

18. Test Engines.

(a) Test engines will be selected by the engine man ufacturer to represent each enginedisplacement-system combination. The engine manufa cturer will select the engine configuration (i.e., air inlet system, exhaust syst em, engine calibration, etc.) of each engine-displacement-system combination in the engin e family that is expected to have the greatest probability of exceeding the emission standards. The Executive Officer will make the final determination whether the test engin es selected by the engine manufacturer may be used for certification testing. At the manufacturer’s option, the criterion for selecting the worst case engine may b e that engine configuration which has the highest weighted brake-specific fuel consumptio n over the engine test cycle described in section 20(b)(5).

(b) A test engine must be a complete engine assembl y with all emission control systems and components that are specified in the certificat ion application installed and functional for test purposes.

(c) Concurrent with the selection of an engine fami ly test engine, the Executive Officer will determine the engine parameters subject to adj ustment for certification, assemblyline quality-audit and compliance tests. The Execu tive Officer will also evaluate the adequacy of the limits, stops, seals, or other meth ods utilized to control, restrict or inhibit adjustment, and will evaluate resultant adj ustable ranges of each parameter. The Executive Officer will notify the engine manufactur er of each determination.

(1) The Executive Officer will consider an engine p arameter to be subject to adjustment if the parameter is capable of adjustmen t and the adjustment may significantly affect emissions.

(2) In order to determine if an engine parameter is subject to adjustment, the Executive Officer will consider the in-use probabil ity that the parameter may be changed from the values, or beyond the positions, s pecified in the engine family certification application (i.e., misadjustment). T he Executive Officer may evaluate this probability on the basis of factors s uch as: ease of access to the parameter, damage to the engine or equipment that m ay result from an attempt to misadjust the parameter, consequence with respec t to emissions of a misadjustment, information provided in the prelimin ary engine family application,27

and information obtained from any compliance-relate d activities that are, or may be, required.

(3) The Executive Officer will determine an adjusta ble parameter to be adequately inaccessible when either or both of the following apply:

(i) (A) The physical device that controls the adjustable p arameter can be accessed only by the disassembly of the engine or e quipment, and this disassembly requires the use of special tools.

(ii) (B) Adequate deterrence to restrict access to an adjus table parameter will not be demonstrated by the necessity to remove an engin e component that is routinely removed in maintenance, or that is requir ed to be removed in order to perform an adjustment.

(4) The Executive Officer shall determine an adjust able parameter to be adequately controlled or restricted when one or mor e of the following apply:

(i) (A) The device that controls the adjustable parameter is restricted from adjustment beyond the range or values specified in the engine family certification application.

(ii) (B) The restriction may be circumvented only through t he use of special tools.

(iii) (C) Attempts to misadjust the parameter would result i n breakage of the restrictive device and/or the parameter and thereby result in unsatisfactory engine operation.

(5) The Executive Officer may also determine an adj ustable parameter to be adequately controlled or restricted when either one or both of the following apply:

(i) (A) Attempts to misadjust the parameter are ineffectiv e. For example, an adjustment beyond the values or positions specified in the engine family certification application would not alter significa ntly the engine performance; hence, the emission levels as projected in certific ation are representative of inuse engine family emissions.

(ii) (B) Any solid-state memory devices that control or mon itor emission control systems or components are protected adequately agai nst unauthorized or inappropriate changes.

(d – f) Reserved.

(g) In lieu of testing an engine and submitting dat a thereon, an engine manufacturer may, with the prior written approval o f the Executive Officer, submit exhaust emission data on a similar engine for which certification has previously28

been obtained or for which all applicable data have previously been submitted (i.e., carryover).

(h) All engines must have closed crankcases. For p urposes of this section, “crankcase” means the housing for the crankshaft an d other related internal
parts.

19. Executive Officer's Engines.

The Executive Officer may require additional tests on the engines selected in

accordance with section 18 and tested in accordance with section 20.

20. Test Procedures, General Requirements.

(a) For each engine family, engine manufacturers mu st determine a deterioration factor for each regulated pollutant pursuant to Part II.

(b) Certification testing of exhaust emissions.

(1) Manufacturers of spark-ignition marine engines must use the test procedures

outlined in Part IV.

(2) The exhaust emission test consists of prescribe d sequences of engine operating conditions to be conducted on an engine d ynamometer. The exhaust gases generated during engine operation are sampled either raw or dilute (as required), and specific components are analyzed thr ough the exhaust gas analytical system. The test is designed to measure (as applicable) the concentration of hydrocarbons (HC), carbon monoxide (CO), carbon dioxide (CO 2 ), oxides of nitrogen (NO
x ), exhaust volume, temperature, fuel flow, and the gross power output. The measured values are weight ed and used to calculate the brake-specific emissions of each pollutant (in g/kW-hr).

(3) For engines with adjustable parameters, the Exe cutive Officer may adjust or require to be adjusted those adjustable parameters to any specification within the adjustable range during testing to determine compli ance with the requirements of

this Part.

(4) The exhaust emission test uses prescribed seque nces of engine operation as

indicated in Table 20-1.

Table 20-1.

Spark-Ignition Marine Engine Test Cycle

Mode Number 1 2 3 4 5

Speed (%) 100 80 60 40 Idle

Torque (%) 100 71.6 46.5 25.3 0 129

Weighting Factor 0.06 0.14 0.15 0.25 0.40

1. For high performance engines (i.e., engines greate r than 373 kilowatts), manufacturers have the option of measuring the emissions under mode 5 with a 15 percent torque load applied.

(5) Engine power (in kilowatts) must be calculated using the Society of Automotive Engineers (SAE) standard J1228, November 1991, incorporated herein by reference.

(c) In lieu of the test procedures in Part IV, manufac turers of SI sterndrive/inboard marine engines that produce no more than 75 engines per year nationally may use portable emissions measurement systems (PEMS) to de monstrate compliance of their engines greater than 373 kilowatts to the exhaust e mission standards. The test procedures for using a PEMS are contained in Title 40, Code of Federal Regulations, Subpart J, Sections 1065.901 through 1065.940, and are incorporated by reference herein. These measurements can be performed in the laboratory or in the field.

(c) (d) The Executive Officer will prescribe emission test procedures for any sparkignition marine engine that the Executive Officer d etermines is not susceptible to satisfactory testing by the methods set forth in th e test procedures.

(d) (e) The Executive Officer may revise these test proced ures on a case-by-case basis when a request to do so is supported by data and re sults, or other information, showing the necessity for the revision.

21. Service Accumulation Procedures; Test Engines.

(a) The service accumulation (i.e., break-in) proce dure for an emission test engine must be the procedure specified by the engine manufactur er, and must be approved by the

Executive Officer before the accumulation of hours.

(b) During the service accumulation period, engine manufacturers must not operate engines for a total of more than 12 hours unless an allowance to do so is approved by the Executive Officer. Engine shutdowns are permit ted during the operating sequence; however, the periods of shutdown must not be includ ed in the 12 hour total.

22. Scheduled Maintenance; Test Engines.

(a) Engine manufacturers may schedule and perform b reak-in maintenance on the emission test engine and its emission control and f uel systems only at the same time intervals specified in the engine manufacturer's br eak-in maintenance instructions furnished to the ultimate purchaser.

(b) During service accumulation, an engine manufact urer must be restricted to inspecting, replacing, cleaning, adjusting and serv icing of the following items:30

(1) idle speed and idle air/fuel mixture; and,

(2) spark plugs. Such procedures must be conducted in a manner consistent with service instructions and specifications provid ed by the engine manufacturer for use by the ultimate purchaser. Such procedures must not render the certification test engines unrepresentative of the emission characteristics of the engine family production engines.

(c) The Executive Officer may specify, within the p hysically available range, the ignition timing, idle air/fuel mixture and other fuel system adjustments to be used at each tuneup.

(d) Engine manufacturers may perform periodic chang es of engine oil, and may change or service oil, air and fuel filters at the time in tervals specified in the engine

manufacturer's break-in maintenance instructions th at are furnished to the ultimate purchaser.

(e) Engine manufacturers may request from the Execu tive Officer authorization to perform service accumulation maintenance of emissio n control related components not specifically authorized by this section, and for an ticipated maintenance, before to the beginning of the service accumulation period. The Executive Officer will approve the performance of such maintenance, if the engine manu facturer makes a satisfactory showing that the maintenance will be performed by a nd/or for the ultimate purchaser on engines in use and that the maintenance is reasonab le and necessary.

23. Unscheduled Maintenance; Test Engines.

(a) Engine manufacturers must not perform any unsch eduled engine, emission control system, or fuel system adjustment, repair, removal, disassembly, cleaning, or replacement on engines without the advance approval of the Executive Officer.

(1) In the case of unscheduled maintenance the Exec utive Officer will approve

such maintenance if the Executive Officer:

(i) (A) Has made a preliminary determination that part fai lure or system malfunction, or the repair of such failure or malfu nction, does not render the engine unrepresentative of engines in use, and does not require direct access to the combustion chamber, except for spark plug, fuel injection component, or removable prechamber removal or replacement; and

(ii) (B) Has made a determination that the need for mainten ance or repairs is indicated by an overt indication of malfunction suc h as persistent misfire, engine stall, overheating, fluid leakage, loss of oil pres sure, or charge indicator warning.

(2) Emission measurements must not be used as a mea ns of determining the need for unscheduled maintenance under paragraph (a )(1)(i) (A) of this section.31

(b) Engine manufacturers may perform repairs of eng ine components of test engines, other than the engine, emission control system, or fuel system, only as a result of part failure or with the prior approval of the Executive Officer.

(c) The Executive Officer must be given the opportu nity to verify the extent of any overt indication of part failure (e.g., misfire, stall), or an activation of an audible and/or visual signal, before the engine manufacturer performing a ny maintenance related to such overt indication or signal.

(d) Unless approved by the Executive Officer before use, engine manufacturers must not use any equipment, instruments, or tools to ide ntify malfunctioning, maladjusted, or defective engine components unless the same or equi valent equipment, instruments, or tools will be available at dealerships and other se rvice outlets; and:

(1) Are used in conjunction with scheduled maintena nce on such components; and,

(2) Are used subsequent to the identification of an engine malfunction, as provided in paragraph (a)(1) of this section for em ission data engines.

(e) If the Executive Officer determines that part f ailure or system malfunction occurrence and/or repair rendered the engine unrepresentative of engines in use, the engine must not be used as a test engine.

(f) Unless waived by the Executive Officer, complet e emission tests are required before and after any engine maintenance that may reasonabl y be expected to affect emissions.

24. Engine Failure.

Engine manufacturers must not use as a test engine any test engine that incurs major mechanical failure requiring disassembly of the eng ine. This prohibition does not apply to failures that occur after completing the service accumulation period.

25. Data Submission.

(a) Engine manufacturers must submit the test engin e emission data and results for all emission data tests (including voided tests) that w ere conducted on the test engines.

(b) The engine manufacturer must furnish to the Exe cutive Officer, with the submission of the information required by paragraph (a), expla nations of the cause for any voided

emission tests. The Executive Officer will determi ne if voiding the test was appropriate based upon the explanation given by the engine manu facturer.32

(c) When unscheduled or unanticipated maintenance i s performed, the engine

manufacturer must furnish to the Executive Officer a complete record of all pertinent maintenance, including the malfunction diagnosis, t he corrective action taken, and the

test data obtained.

(d) A complete record of all maintenance that was p erformed on any test engines must be furnished to the Executive Officer as part of th e certification application.

26. Testing by the Executive Officer.

(a) At the conclusion of the service accumulation p rocedure and emission tests, the engine manufacturer must submit the test engine dat a and results to the Executive Officer in accordance with the requirements of sect ion 25. After reviewing the test data and results, the Executive Officer may conduct emis sion testing on the test engine(s) (i.e., confirmatory testing) to verify the engine m anufacturer's test results, and to determine that the test engine emission characteris tics are representative of production engines.

(b) As part of the test data and results submission , an engine manufacturer may request that the Executive Officer not conduct confirmatory testing of the test engine(s) (i.e., test-waiver request), and that the engine manufactu rer's test data and results be accepted as officially representative of production engines (i.e., projected emission levels).

(c) The Executive Officer will consider an engine m anufacturer's test-waiver request by evaluating information submitted under the requirem ents of section 25, information contained in the engine family application, and oth er certification-related information.

The Executive Officer will determine whether or not to conduct confirmatory emission testing on the basis of, but not limited to, such f actors as:

(1) Marginal compliance with the applicable emissio n standards;

(2) Demonstrated capability of the engine manufactu rer's prior certification-related activities;

(3) Use of new or different technologies that may a ffect engine emission characteristics, or that may not be compatible with existing procedures; and,

(4) Reasonableness of emission test data and result s.

(d) Whenever the Executive Officer determines that confirmatory testing is not warranted, the engine manufacturer's test data and results will be accepted as the official test data and results for purposes of the certification review specified in section 27(a)(2)(i) (A).33

(e) Whenever the Executive Officer determines that confirmatory testing is warranted, the Executive Officer will notify the engine manufa cturer to submit one or more of the test engines, at such a place or places as the Exec utive Officer may designate, for purposes of conducting confirmatory testing. The d ata and results from that test will, unless subsequently invalidated by the Executive Of ficer, comprise the official test engine(s) data and results for purposes of the cert ification review specified in section 27(a)(2)(i) (A).

(f) The engine manufacturer may request a retest. The results of the retest will be used to determine compliance with the applicable emissio n standards.

(g) If any emission test result exceeds the applica ble standard, the Executive Officer will deny certification.

27. Certification.

(a) New spark-ignition marine engines produced by a manufacturer are covered by the following certification requirements:

(1) The engine manufacturer must submit to the Exec utive Officer a statement that the test engine for which data have been submi tted has been tested in accordance with the applicable test procedures, tha t it meets the requirements of such tests, and that, on the basis of such tests, i t conforms to the requirements of

this Part. If such statements cannot be made with respect to any engine tested, the engine must be identified, and all pertinent te st data relating thereto must be supplied.

(2)(i) (A) If, after review of the test reports and data subm itted by the engine manufacturer, data derived from any inspection carr ied out under section 31, and any other pertinent data or information, the Execut ive Officer determines that a test engine(s) meets the requirements of section 43 013 of the California Clean Air Act and of these provisions, the Executive Offi cer will issue an Executive Order certifying such engine(s) except for engines covered by section 32.

(ii) (B) The engine family certification will be granted on ly for the model-year engine production as specified by the Executive Off icer in the Executive Order; and upon such terms as the Executive Officer may de em necessary to assure that any new spark-ignition marine engine covered b y the Executive Order will meet the requirements of these provisions.

(iii) (C) The Executive Order will apply to all engines with in the engine family represented by the test engine and will certify com pliance with no more than one set of applicable standards.34

(iv) (D) The engine manufacturer may, at its option, procee d with any of the following alternatives with respect to engines repr esented by a test engine(s) determined not to be in compliance with applicable standards:

(A) (i) Delete from the application for certification engi nes that were represented by the failed test engine. The Executi ve Officer will then select in place of each failed engine an alternate engine chosen in

accordance with the selection criteria that were em ployed in selecting the engine that failed; or,

(B) (ii) Repair and retest the failed engine to demonstrate that it meets the applicable standards. The engine manufacturer must then test a second engine that is in all material respects the same as the first engine (as repaired) in accordance with the applicable test pr ocedures.

(v) (E) If the engine manufacturer does not submit the dat a required under paragraphs (2)(i) (A), (ii) (B) and (iii) (C) of this section, the Executive Officer will deny certification.

28. Amendments to the Application.

(a) The engine manufacturer must inform the Executi ve Officer by written amendment to the certification application of any proposed chang es to engines that are in production or will be produced. The Executive Officer will, i f appropriate, select a new test engine. Except as provided in section 29, the engine manufa cturer must not institute any changes until approved by the Executive Officer.

(b) The Executive Officer may allow reduced testing with respect to the requirements of

this section.

29. Alternative Procedure for Notification of Addit ions and Changes.

(a) (1) If the engine manufacturer determines that a change in an engine family model will not result in failure of the subject eng ines to continue to meet applicable emission standards, an engine manufactur er may elect to notify the Executive Officer at the time such a change is made rather than in advance as required by section 28.

(2) Such notification must include a full descripti on of the addition or change and any supporting documentation provided by the engine manufacturer to support its determination that the addition or change does not cause noncompliance.

(3) The engine manufacturer's determination that th e addition or change does not cause noncompliance must be based on an engineering evaluation of the addition or change and/or testing.35

(b) (1) The Executive Officer may require that addi tional emission testing be performed to support the engine manufacturer's orig inal determination submitted in accordance with paragraph (a) of this section.

(2) If additional testing is required, the Executiv e Officer will proceed as in

section 28.

(3) If the Executive Officer requests additional te st data, the engine manufacturer must provide such data within 30 days of the reques t or the engine manufacturer must rescind the addition or change immediately aft er the expiration of the 30 day period.

(4) The Executive Officer may grant additional time to complete testing if additional testing is required.

(5) If based on this additional testing or any othe r information, the Executive Officer determines that the engines affected by the addition or change do not meet the applicable standards, the Executive Office r will notify the engine manufacturer to rescind the addition or change imme diately upon receipt of the notification, and to cease selling engines affected by such addition or change.

(c) If an engine manufacturer elects to produce eng ines under this section, the engine manufacturer, upon notification from the ARB that e ngines that it has produced do not meet the standards set forth herein, will be subjec t to being enjoined from any further sales of such products in the State of California p ursuant to section 43017 of the Health and Safety Code. Prior to seeking to enjoin an eng ine manufacturer, the Executive Officer will consider any information provided by t he engine manufacturer.

30. Maintenance of Records.

(a) The manufacturer of any spark-ignition marine e ngine subject to any of the standards or procedures prescribed in these provisi ons must establish, maintain and retain the following adequately organized and index ed records;

(1) General records.

(i) (A) (A) (i) Identification and description of all certificatio n engines for which testing is required under this Part.

(B ) (ii) A description of all emission control systems that are installed on or incorporated in each certification engine.

(C) (iii) A description of all procedures used to test each certification engine.36

(ii) (B) A properly completed application, following the fo rmat prescribed by the California Air Resources Board for the appropriate year of production, must fulfill each of the requirements set forth in paragraph (a) (1)(i) (A) of this section.

(2) Individual records.

(i) (A) A brief history of each spark-ignition marine engi ne used for certification under these provisions including:

(A) (i) (1) a. In the case where a current production engine is m odified for use as a certification engine, a description of the process by which the engine was selected and of the modification made.

(2) b. In the case where the certification engine is not derived from a current production engine, a general description of the build-up of the engine (e.g., experimental heads were cast and mach ined according to supplied drawings, etc.).

(3) c. In both of the above cases, a description (as appl icable) of the origin and selection process for the carburetor, fuel syst em, emission control system components, and exhaust aftertreatment devic e must be included. The required description must specify the steps tak en to assure that the certification engine is representative of productio n engines with respect to its fuel system, emission control system components , exhaust aftertreatment device, or any other device or compo nent that can reasonably be expected to influence exhaust emissio ns. The description must also state that all components and/or engine c onstruction processes, component inspection and selection techniques, and assembly techniques employed in constructing such engines are reasonabl y likely to be implemented for production engines, or that they ar e as closely analogous as practicable to planned construction and assembly processes.

(B) (ii) A complete record of all certification emission te sts performed (except tests performed by ARB directly) including test results, and the date and purpose of each test, and the hours accumu lated on the engine.

(C) (iii) The date of each service accumulation procedure.

(D) (iv) [Reserved].

(E) (v) A record and description of all maintenance and ot her service performed, including the date of the maintenance or service and the

reason for it.37 (F) (vi) A record and description of each test performed to diagnose engine or emissions control system performance, giving the date and time of the

test and the reason for it.

(G) (vii) [Reserved].

(H) (viii) Each such history must state the date that any of the selection or build-up activities in paragraph (a)(2)(i)(A) (A)(i) of this section occurred with respect to the certification engine. The hist ory must be updated each time the operation status of the engine changes or additional work is performed on it.

(3) All records, other than routine emission test r ecords, required to be maintained under these provisions must be retained by the engine manufacturer for a period of six (6) years after the issuance of all Executive Orders to which they relate. Routine emission test records must be retained by the manufacturer for a period of one (1) year after issuance of all Executive Orders to which they relate. Records may be retained as hard copy or re duced to rewritable compact disc, microfilm, punch cards, etc., depending on th e record retention procedures of the engine manufacturer, provided, in every case , all the information contained in the hard copy must be retained.

31. Right of Entry.

(a) Any engine manufacturer subject to these emissi on standards and test procedures, upon receipt of prior notice must admit or cause to be admitted during operating hours any ARB Enforcement Officer that has presented prop er credentials to any of the following:

(1) Any facility where tests or procedures or activ ities connected with such tests or procedures are or were performed.

(2) Any facility where any new spark-ignition marin e engine is present and is being, has been, or will be tested.

(3) Any facility where a manufacturer constructs, a ssembles, modifies, or buildsup an engine into a certification engine that will be tested for certification.

(4) Any facility where any record or other document relating to any of the above

is located.

(b) Upon admission to any facility referred to in p aragraph (c)(1) of this section, any

ARB Enforcement Officer must be allowed:38

(1) 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 break-in, maintenance, and engi ne storage procedures.

(2) To verify correlation or calibration of test eq uipment; and,

(3) To inspect and make copies of any such records, designs, or other documents; and,

(4) To inspect and/or photograph any part or aspect of any such certification engine and any components to be used in the constru ction thereof.

(c) To permit an ARB determination whether producti on spark-ignition marine engines conform in all material respects to the design spec ifications that apply to those engines described in the Executive Order certifying such en gines and to standards prescribed herein, engine manufacturers must, upon receipt of prior notice, admit any ARB Enforcement Officer, upon presentation of credentia ls, to:

(1) Any facility where any document design, or proc edure relating to the translation of the design and construction of engin es and emission related components described in the application for certifi cation or used for certification testing into production engines is located or carri ed on; and,

(2) Any facility where any spark-ignition marine en gines to be introduced into

commerce are manufactured or assembled.

(3) Any California retail outlet where any spark-ig nition marine engine is sold.

(d) On admission to any such facility referred to i n this section, any ARB Enforcement

Officer must be allowed:

(1) To inspect and monitor any aspects of such manu facture or assembly and other procedures;

(2) To inspect and make copies of any such records, documents or designs; and,

(3) To inspect and photograph any part or aspect of any such new spark-ignition marine engine and any component used in the assembl y thereof that are reasonably related to the purpose of the ARB Enforc ement Officer's entry.

(e) Any ARB Enforcement Officer must be furnished b y those in charge of a facility being inspected with such reasonable assistance as may be necessary to discharge any function listed in this section. Each applican t for or recipient of certification is required to cause those in charge of a facility ope rated for its benefit to furnish such reasonable assistance without charge to the ARB irr espective of whether or not the applicant controls the facility.39

(f) The duty to admit or cause to be admitted any A RB Enforcement Officer applies whether or not the applicant owns or controls the f acility in question and applies both to domestic and foreign engine manufacturers and facil ities. The ARB will not attempt to make any inspections that it has been informed that local law forbids. However, if local law makes it impossible to insure the accuracy of d ata generated at a facility, no informed judgment that an engine is certifiable or is covered by an Executive Order can properly be based on the data. It is the responsib ility of the engine manufacturer to locate its testing and manufacturing facilities in jurisdictions where this situation will not

arise.

(g) For purposes of this section:

(1) “Presentation of credentials” means a display o f a document designating a person to be an ARB Enforcement Officer.

(2) Where engine, component, or engine storage area s or facilities are concerned, “operating hours” means all times during which personnel are at work in the vicinity of the area or facility and have ac cess to it.

(3) Where facilities or areas other than those cove red by paragraph (g)(2) of this section are concerned, “operating hours” means all times during which an assembly line is in operation or during which testi ng, maintenance, break-in procedure, production or compilation of records, or any other procedure or activity is being conducted related to certificatio n testing, translation of designs from the test stage to the production stage, or eng ine manufacture or assembly.

(4) “Reasonable assistance” includes, but is not li mited to, providing clerical, copying, interpretation and translation services; m aking personnel available upon request to inform the ARB Enforcement Officer of ho w the facility operates and to answer questions; and performing requested emission s tests on any engine that is being, has been, or will be used for certificati on testing. Such tests must be nondestructive, but may require appropriate break-i n. Upon written request from the Executive Officer for the appearance of any emp loyee of a facility, and service of such request upon the engine manufacture r, the ARB may compel an engine manufacturer to cause the personal appearanc e of any employee at such a facility before an ARB Enforcement Officer. Any such employee who has been instructed by the engine manufacturer to appear wil l be entitled to be accompanied, represented, and advised by counsel.

32. Denial, Revocation, or Suspension of Certificat ion.

(a) Notwithstanding the fact that any engine(s) tes ted for certification may comply with the provisions set forth herein, the Executive Offi cer may withhold or deny the issuance of an Executive Order (or suspend or revoke any suc h Executive Order that has been issued) with respect to any such engine(s) if:40

(1) The engine manufacturer submits false or incomp lete information in its application for certification; or,

(2) The engine manufacturer renders inaccurate or i nvalid any test data that it submits pertaining to the certification or otherwis e circumvents the intent of

section 43013 of the California Clean Air Act or of these provisions with respect to such engine; or,

(3) Any ARB Enforcement Officer is denied access on the terms specified in section 31 to any facility that contains any of the following:

(i) (A) The engine;

(ii) (B) Any components used or considered for use in its m odification or build-up into a certification engine;

(iii) (C) Any production engine that is or will be claimed b y the engine manufacturer to be covered by the certificate;

(iv) (D) Any step in the construction of an engine describe d in paragraph (c) of
this section;

(v) (E) Any records, documents, reports, or histories requ ired by this Part to be kept concerning any of the above.

(4) Any ARB Enforcement Officer is denied “reasonab le assistance” in examining any of the items listed in paragraph (a)(3) of this section.

(b) The sanctions of withholding, denying, revoking , or suspending of an Executive Order may be imposed for the reasons in paragraph ( a) of this section only when the

infraction is substantial.

(c) In any case in which an engine manufacturer kno wingly submits false or inaccurate information, or knowingly renders inaccurate or in valid any test data, or commits any

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

(d) In any case in which certification of an engine is proposed to be withheld, denied, revoked, or suspended under paragraph (a)(3) or (4) of this section, and in which the Executive Officer has presented to the engine manuf acturer involved reasonable

evidence that a violation of section 31 has occurre d, the engine manufacturer, will have the burden of establishing any contention to the sa tisfaction of the Executive Officer, that even though the violation occurred, the engine in question was not involved to such a degree that would warrant withholding, denial, re vocation, or suspension of certification under either paragraph (a)(3) or (4) of this section.41

(e) Any revocation or suspension of certification u nder paragraph (a) of this section may also subject the manufacturer to penalties to the e xtent permissible under Part 5, Division 26 of the Health and Safety Code.

33. Adjudicatory Hearing.

Parties affected by an Executive Officer's determin ation may file for an adjudicatory hearing pursuant to Subchapter 1.25, Title 17, Cali fornia Code of Regulations. The provisions of Subchapter 1.25, Title 17, California Code of Regulations, apply fully to filings made under these provisions.42

Part II. Spark-Ignition Marine Engines - Determinat ion of Deterioration

Factors.

34. Definitions.

The definitions in Part I, section 2 apply to this Part.

35. Acronyms and Abbreviations.

The acronyms and abbreviations in Part I, section 3 apply to this Part.

36. Deterioration Factor.

(a) The manufacturer must determine the deteriorati on factor for each engine family and pollutant based on good engineering judgment and/or test data. For personal watercraft and outboard spark-ignition marine engines, this de terioration factor must be based on the designated useful life of the engine family. F or inboard and sterndrive spark-ignition marine engines, the deterioration factor must be ba sed on a designated test period of

480 hours.

(b) For SI marine engines not utilizing aftertreatm ent technology (e.g., catalytic converters, exhaust gas recirculation), the sum of the exhaust emission results from each test engine added to the deterioration factor is the emissions certification value for that engine family and pollutant. If the deteriora tion factor is less than zero, it is considered zero for the purposes of this Part.

(c) For SI marine engines utilizing aftertreatment technology (e.g., catalytic converters, exhaust gas recirculation), the product of the exha ust emission results from each test engine multiplied by the deterioration factor is th e emissions certification value for that engine family and pollutant. If the deterioration factor is less than one, it is considered to be one for the purposes of this Part.

(d) For SI sterndrive/inboard engines greater than 373 kilowatts, manufacturers have the option to use an ARB-assigned deterioration fac tor. Use of this option must be indicated in the manufacturer’s application for cer tification.43

Part III. Emission Test Equipment Provisions.

37. Scope; Applicability.

(a) This Part describes the equipment required to p erform exhaust emission tests on new spark-ignition marine engines subject to the pr ovisions of Part I, section 1.

(b) Exhaust gases are sampled while the test engine is operated using a steady state test cycle on an engine dynamometer. Exhaust gas s ampling may be performed using either the raw gas sampling method or the constant volume sampling (CVS) method. The exhaust gases receive specific component analys is determining concentration of pollutants, exhaust volume, temperature, the fuel f low, and the power output during each mode. Emissions are reported on a gram per br ake-kilowatt hour (g/kW-hr). See Part IV for a complete description of the test proc edure.

38. Definitions.

The definitions in Part I, section 2 apply to this Part.

39. Acronyms and Abbreviations.

The acronyms and abbreviations in Part I, section 3 apply to this Part.

40. Test Equipment Overview.

(a) All engines subject to this Part are tested for exhaust emissions. Engines are operated on dynamometers meeting the specification given in section 5.

(b) The exhaust is tested for gaseous emissions usi ng either a constant volume sampling (CVS) system as described in Part IV, sect ion 14, or using the raw gas sampling system as described in Part IV, section 21 . Both systems require analyzers (see paragraph (c) of this section) specific to the pollutant being measured.

(c) Analyzers used are a non-dispersive infrared de tector (NDIR) absorption type for carbon monoxide and carbon dioxide analysis; parama gnetic detector (PMD), zirconia (ZRDO), or electrochemical type (ECS) for oxygen an alysis; a flame ionization detector (FID) or heated flame ionization detector (HFID) ty pe for hydrocarbon analysis; and a chemiluminescent detector (CLD) or heated chemilumi nescent detector (HCLD) for oxides of nitrogen analysis.

41. Dynamometer Specifications and Calibration Accu racy.

(a) Dynamometer specifications.

(1) The dynamometer test stand and other instrument s for measurement of engine speed and torque must meet the accuracy requ irements shown in Table 144

in Appendix A to this Part. The dynamometer must b e capable of performing the test cycle described in Part I, section 20.

(b) Dynamometer calibration accuracy.

(1) The dynamometer test stand and other instrument s for measurement of engine torque and speed must meet the calibration f requency shown in Table 1 in Appendix A to this Part.

(2) A minimum of three calibration weights for each range used is required. The weights must be equally spaced and traceable to wit hin 0.5 percent of National Institute of Standards and Testing (NIST) weights. Laboratories located in foreign countries may certify calibration weights t o local government bureau

standards.

42. Dynamometer Torque Cell Calibration.

(a) (1) Any lever arm used to convert a weight or a force through a distance into a torque must be used in a horizontal position for ho rizontal shaft dynamometers (± five degrees). For vertical shaft dynamometers, a pulley system may be used to convert the dynamometer's horizontal loading into t he vertical plane.

(2) Calculate the indicated torque (IT) for each ca libration weight to be used by:

IT = Moment Arm (meters) X Calibration Weight (Newt ons)

(3) Attach each calibration weight specified in Par t III, section 5(b)(2) to the

moment arm at the calibration distance determined i n paragraph (a)(2) of this section. Record the power measurement equipment re sponse (N-m) to each weight.

(4) Compare the torque value measured to the calcul ated torque.

(5) The measured torque must be within two percent of the calculated torque.

(6) If the measured torque is not within two percen t of the calculated torque, adjust or repair the system. Repeat steps in parag raphs (a)(1) through (a)(6) of this section with the adjusted or repaired system.

(b) Option. A master load-cell or transfer standar d may be used to verify the torque
measurement system.

(1) The master load-cell and read out system must b e calibrated with weights specified in Part III, section 5(b)(2).

(2) Attach the master load-cell and loading system.45

(3) Load the dynamometer to a minimum of three equa lly spaced torque values as indicated by the master load-cell for each in-us e range used.

(3) (4) The in-use torque measurement must be within tw o percent of the torque measured by the master system for each load used.

(5) If the in-use torque is not within two percent of the master torque, adjust or repair the system. Repeat steps in paragraphs (b)( 2) through (b)(4) of this section with the adjusted or repaired system.

(c) Calibrated resistors may not be used for dynamo meter torque transducer calibration, but may be used to span the transducer before engin e testing.

(d) Other engine dynamometer system calibrations su ch as speed are performed as specified by the dynamometer manufacturer or as dic tated by good engineering practice.

43. Engine Cooling System.

An engine cooling system is required with sufficien t capacity to maintain the engine at normal operating temperatures as prescribed by the engine manufacturer. Auxiliary fan(s) may be used to maintain sufficient engine co oling during dynamometer operation.

44. Lubricating Oil and Test Fuel.

(a) Lubricating oil.

(1) Use the engine lubricating oil which meets the engine manufacturer's requirements for a particular engine and intended u sage. Record the specifications of the lubricating oil used for serv ice accumulation and the

certification test.

(2) For two-stroke engines, the fuel/oil mixture ra tio must be that which is recommended by the manufacturer. If the flow rate of the oil in the engine is greater than two percent of the fuel flow rate, the n the oil supplied to the engine

must be added to the fuel flow in the emission calc ulations described in Part IV, section 19 and section 26. Good engineering judgme nt may be used to estimate oil flow when oil injection is used.

(b) Test fuels – certification.

(1) Petroleum-based fuels. The manufacturer must u se gasoline having the specifications or substantially equivalent specific ations approved by the Executive Officer, as specified in Table 8-1 below for exhaust emission testing of46

gasoline fueled engines. As an alternative, the ma nufacturer may use the fuel specifications as outlined in the California Code o f Regulations, Title 13, section 1960.1, and the latest amendment of the “California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model P assenger Cars, LightDuty Trucks, and Medium-Duty Vehicles,” incorporate d herein by reference. The test fuel specification in either case should remai n consistent from batch to batch. The specification range of the fuel to be used unde r this paragraph must be reported in accordance with Part I, section 14(b)(2 )(vi) (F).

Table 8-1 Test Fuel Specifications

Item Property Tolerance Procedure (ASTM) 1

Sulfur, ppm max. 1000 — D 2622

Benzene, max. percent 1.5 — D 3606

RVP, psi 8.6 ±0.6 D 323

Octane, R+M/2 89.9 ±3.1 D 2699

D 2700

IBP, °C 32.8 ±11.0 D 86

10% point, °C 53.3 ±5.5 D 86

50% point, °C 101.7 ±8.3 D 86

90% point, °C 160.0 ±11.1 D 86

End Point, max. °C 212.8 — D 86

Phosphorus, g/l, max. 0.02 — D 3231

Lead, g/l, max. 0.02 — —

Manganese, g/l, max. 0.004 — —

Aromatics, max. percent 35 — D 1319

Olefins, max. percent 10 — D 1319

Saturates, percent remainder — D 1319

1. All ASTM Procedures in this table have been in corporated by reference.

(2) Alcohol-based fuels. Alcohol-based fuels must be allowed for emission test purposes when the appropriate emission standards wi th respect to such fuels are a part of these provisions. Such fuels must be as specifi ed in paragraph (b)(1) above.47

(c) Test fuels – service accumulation.

(1)(A) Gasoline. Unleaded gasoline representative of com mercial gasoline which will be generally available through retail outlets must be used in service accumulation for spark-ignition marine engines. As an alternative, the certification test fuels specified under paragraph (b) of this section for engine service accumulation. Leaded fuel may not be used during service

accumulation.

(B) The octane rating of the gasoline used may not be higher than 4.0 research octane numbers above the minimum recommended by the manufacturer and have a minimum sensitivity of 7.5 octane numbers, w here sensitivity is defined as

research octane number minus motor octane number.

(C) The Reid Vapor Pressure of a gasoline must be c haracteristic of the engine fuel during the season in which the service accumul ation takes place in the outdoors, or must be characteristic of the engine f uel appropriately suited to the

ambient conditions of an indoor test cell in which the entire service accumulation takes place.

(2) Alternative fuels.

(A) Liquefied petroleum gas meeting the ASTM D1835 or NGPA HD-5 specifications must be used for service accumulatio n.

(B) Natural gas representative of commercial natura l gas that will be generally available through retail outlets must be used in se rvice accumulation.

(d) Other fuels may be used for testing provided:

(1) They are commercially viable,

(2) Information, acceptable to the Executive Office r, is provided to show that only the designated fuel would be used in customer servi ce;

(3) Use of a fuel listed under paragraph (b) of thi s section would have a detrimental effect on emissions or durability; and

(4) The Executive Officer provides written approval of the fuel specifications before the start of testing.48

45. Engine Intake Air Temperature Measurement.

(a) Engine intake air temperature measurement must be made within 100 cm of the airintake of the engine. The measurement location mus t be either in the supply system or in the air stream entering the engine.

(b) The temperature measurements must be accurate t o within ± 2 degrees Celsius.

46. Engine Intake Air Humidity Measurement.

This section refers to engines which are supplied w ith intake air other than the ambient air in the test cell (i.e., air which has been plum bed directly to the engine air intake system). For engines which use ambient test cell a ir for the engine intake air, the ambient test cell humidity measurement may be used.

(a) Humidity conditioned air supply. Air that has had its absolute humidity altered is considered humidity-conditioned air. For this type of intake air supply, the humidity measurements must be made within the intake air sup ply system, and after the humidity conditioning has taken place.

(b) Unconditioned air supply. Humidity measurement s in unconditioned intake air supply must be made in the intake air stream enteri ng the engine. Alternatively, the humidity measurements can be measured within the in take air stream entering the supply system.

47. Test Conditions.

(a) General requirements.

(1) Ambient temperature levels encountered by the t est engine throughout the test sequence may not be less than 20 degrees Celsi us nor more than 30 degrees Celsius.

(2) Calculate all volumes and volumetric flow rates at standard conditions for temperature and pressure. Use these conditions con sistently throughout all calculations. Standard conditions for temperature and pressure are 25 degrees Celsius and 101.3 kilopascals.

(b) Engine test conditions. Measure the absolute t emperature (designated as T and expressed in degrees Kelvin) of the engine air at t he inlet to the engine and the dry atmospheric pressure (designated as p
s and expressed in kilopascals. Determine the
parameter f

according to the following provisions:49

(1) Naturally aspirated and mechanically supercharg ed engines:

7.0

298 99      

= T

x P f

s

(2) Turbocharged engine with or without cooling of inlet air:

5.1 7.0

298 99 

            

= T

x P f

s

(3) For a test to be recognized as valid, the param eter f must be between the

limits as shown below:

04.1 96.0 < < f

48. Analytical Gases.

(a) The shelf life of a calibration gas may not be exceeded. Record the expiration date stated by the gas supplier for each calibration gas

.

(b) Pure gases. The required purity of the gases i s defined by the contamination limits given in parenthesis. The following gases must be available for operation.

(1) Purified nitrogen, also referred to as “zero-gr ade nitrogen” (Contamination < 1 ppm C, < 1 ppm CO, < 400 ppm CO 2 , < 0.1 ppm NO)

(2) Purified oxygen (Purity 99.5 percent vol O 2 )

(3) Hydrogen-helium mixture (40 ± 2 percent hydroge n, balance helium) (Contamination < 1 ppm C, < 400 ppm CO)

(4) Purified synthetic air, also referred to as “ze ro gas” (Contamination < 1 ppm C, < 1 ppm CO, < 400 ppm CO 2 , < 0.1 ppm NO) (Oxygen content between 18-21 percent vol.)

(c) Calibration and span gases.

(1) Calibration gas values are to be derived from N IST “Standard Reference Materials” (SRM's) or other local gas standards and are to be single blends as specified in this subsection.

(2) Mixtures of gases having the following chemical compositions must be

available:50

C 3 H 8 and purified synthetic air (dilute measurements); C 3 H 8 and purified nitrogen (raw measurements); CO and purified nitrogen; NO
x and purified nitrogen (the

amount of NO 2 contained in this calibration gas must not exceed five percent of the NO content); CO 2 and purified nitrogen.

Note: For the HFID or FID, the manufacturer may cho ose to use as a diluent span gas and the calibration gas either purified sy nthetic air or purified nitrogen. Any mixture of C 3 H 8 and purified synthetic air which contains a concen tration of propane higher than what a gas supplier considers t o be safe may be substituted

with a mixture of 8 C 3 H 8 and purified nitrogen. However, the manufacturer must be consistent in the choice of diluent (zero air or purified nitrogen) between the calibration and span gases. If a manufacturer choo ses to use C 3 H 8 and purified nitrogen for the calibration gases, then purified n itrogen must be the diluent for the span gases.

(3) The true concentration of a span gas must be wi thin ± two percent of the NIST gas standard. The true concentration of a cal ibration gas must be within ± one percent of the NIST gas standard. The use of precision blending devices (gas dividers) to obtain the required calibration g as concentrations is acceptable. Give all concentrations of calibration gas on a vol ume basis (volume percent or volume ppm).

(4) The gas concentrations used for calibration and span may also be obtained by means of a gas divider, diluting with purified N 2 or with purified synthetic air. The accuracy of the mixing device must be such that the concentration of the diluted gases may be determined to within ± two per cent.

(d) Oxygen interference check gases must contain pr opane with 350 ppmC ± 75 ppmC hydrocarbon. Determine the concentration value to calibration gas tolerances by chromatographic analysis of total hydrocarbons plus impurities or by dynamic blending. Use nitrogen as the predominant diluent with the ba lance oxygen.

(e) Fuel for the hydrocarbon flame ionization detec tor (HC-FID) must be a blend of 40 ± 2 percent hydrogen with the balance being helium. The mixture shall contain less than one ppm equivalent carbon response; 98 to 100 perce nt hydrogen fuel may be used with advance approval of the Executive Officer.

(f) Hydrocarbon analyzer burner air. The concentra tion of oxygen must be within one mole percent of the oxygen concentration of the bur ner air used in the latest oxygen interference check (percent O 2 I), see Part III, section 16(d). If the difference in oxygen concentration is greater than one mole percent, the n the oxygen interference must be checked and the analyzer adjusted if necessary, to meet the percent O 2 I requirements. The burner air must contain less than two ppmC hydr ocarbon.51

49. Analyzers Required.

(a) Analyzers. Analyze measured gases with the fol lowing instruments:

(1) Carbon monoxide (CO) analysis.

(i) (A) The carbon monoxide analyzer must be of the non-di spersive infrared (NDIR) absorption type.

(ii) (B) The use of linearizing circuits is permitted.

(2) Carbon dioxide (CO 2 ) analysis.

(i) (A) The carbon dioxide analyzer must be of the non-dis persive infrared (NDIR) absorption type.

(ii) (B) The use of linearizing circuits is permitted.

(3) Oxygen (O 2 ) analysis. Oxygen (O 2 ) analyzers may be of the paramagnetic (PMD), zirconia (ZRDO) or electrochemi cal type (ECS).

(4) Hydrocarbon (HC) analysis.

(i) (A) For Raw Gas Sampling, the hydrocarbon analyzer mus t be of the heated flame ionization (HFID) type. For constant volume sampling, the hydrocarbon analyzer may be of the flame ionization (FID) type or of the heated flame ionization (HFID) type.

(ii) (B) For the HFID system, if the temperature of the exh aust gas at the sample probe is below 190 degrees Celsius, the temperature of the valves, pipe work, and so forth, must be controlled so as to maintain a wall temperature of 190 degrees Celsius ± 11 degrees Celsius. If the tempe rature of the exhaust gas at the sample probe is above 190 degrees Celsius, the temperature of the valves, pipe work, and so forth, must be controlled so as t o maintain a wall temperature greater than 180 degrees Celsius.

( iii ) (C) For the HFID analyzer, the detector, oven, and sam ple handling components within the oven must be suitable for con tinuous operation at temperatures to 200 degrees Celsius. It must by ca pable of maintaining temperature within ± 5.5 degrees Celsius of the set point.

(iv) (D) Fuel and burner air must conform to the specificat ions in Part III,

section 12.52

(v) (E) The percent of oxygen interference must be less th an three percent, as specified in Part III, section 16(d).

(5) Oxides of nitrogen (NO X ) analysis.

(i) (A) This analysis device consists of the following ite ms:

(A) (i) A NO 2 to NO converter. The NO 2 to NO converter efficiency must be at least 90 percent.

(B) (ii) An ice bath located after the NO X converter (optional).

(C) (iii) A chemiluminescent detector (CLD) or heated chemil uminescent detector (HCLD).

(ii) (B) The quench interference must be less than three pe rcent as measured in Part III, section 25.

(b) Other gas analyzers yielding equivalent results may be used with advance approval

of the Executive Officer.

(c) The following requirements must be incorporated as indicated in systems used for testing under this Part.

(1)Carbon monoxide and carbon dioxide measurements must be made on a dry basis (for raw exhaust measurement only). Specific requirements for the means of drying the sample can be found in section 13(e).

(2) Calibration or span gases for the NO X measurement system must pass through the NO 2 to NO converter.

(d) The electromagnetic compatibility (EMC) of the equipment must be on a level as to

minimize additional errors.

(e) Gas drying. Chemical dryers are not an accepta ble method of removing water from the sample. Water removal by condensation is accep table. If water is removed by condensation, the sample gas temperature or sample dew point must be monitored either within the water trap or downstream and its temperature must not exceed 7 degrees Celsius. A water trap performing this func tion is an acceptable method. Means other than condensation may be used only with prior approval from the

Executive Officer.53

50. Analyzer Accuracy and Specifications.

(a) Measurement accuracy – general. The analyzers must have a measuring range

which allows them to measure the concentrations of the exhaust gas sample pollutants with the accuracies shown in Table 1 in Appendix A to this Part.

(1) Precision. The precision of the analyzer must be, at worst, ± one percent of full-scale concentration for each range used. The precision is defined as 2.5 times the standard deviation(s) of 10 repetitiv e responses to a given calibration or span gas.

(2) Noise. The analyzer peak-to-peak response to z ero and calibration or span gases over any 10-second period may not exceed two percent of full-scale chart deflection on all ranges used.

(3) Zero drift. The analyzer zero-response drift d uring a one-hour period must be less than two percent of full-scale chart deflectio n on the lowest range used. The zero-response is defined as the mean response inclu ding noise to a zero-gas during a 30-second time interval.

(4) Span drift. The analyzer span drift during a o ne-hour period must be less than two percent of full-scale chart deflection on the lowest range used. The analyzer span is defined as the difference between the span-response and the zero-response. The span-response is defined as the mean response including noise to a span gas during a 30-second time interva l.

(b) Operating procedure for analyzers and sampling system. Follow the start-up and operating instructions of the instrument manufactur er. Adhere to the minimum requirements given in Part III, sections 16 through 25 and Part IV, section 9.

(c) Emission measurement accuracy – Bag sampling.

(1) Good engineering practice dictates that exhaust emission sample analyzer readings below 15 percent of full scale chart defle ction should generally not be

used.

(2) Some high resolution read-out systems, such as computers, data loggers, and so forth, can provide sufficient accuracy and r esolution below 15 percent of full scale. Such systems may be used provided that additional calibrations are made to ensure the accuracy of the calibration curv es. The following procedure for calibration below 15 percent of full scale may be used:

Note: If a gas divider is used, the gas divider mus t conform to the accuracy requirements as follows: The use of precision blend ing devices (gas dividers) to obtain the required calibration gas concentrations is acceptable, provided that the blended gases are accurate to within ± 1.5 percent of NIST gas standards or54

other gas standards which have been approved by the Executive Officer. This accuracy implies that primary gases used for blendi ng must be “named” to an accuracy of at least ± 1 percent, traceable to NIST or other approved gas

standards.

(i) (A) Span the full analyzer range using a top range cal ibration gas. The span gases must be accurate to within ± 2 percent of NIS T gas standards or other gas standards which have been approved by the Executive Officer.

(ii) (B) Generate a calibration curve according to, and mee ting the requirements of the sections describing analyzer calibrations which are found in sections 16, 17, 18, and 20 of this Part.

(iii) (C) Select a calibration gas (a span gas may be used f or calibrating the CO 2 analyzer) with a concentration between the two lowe st non-zero gas divider increments. This gas must be “named” to an accurac y of ± 2 percent of NIST gas standards, or other standards approved by the E xecutive Officer.

(iv) (D) Using the calibration curve fitted to the points g enerated in paragraphs (c)(2)(i) (A) and (ii) (B) of this section, check the concentration of the gas selected in paragraph (c)(2)(iii) (C) of this section. The concentration derived fro m the curve must be within ± 2.3 percent (± 2.8 percent f or CO 2 span gas) of the gas' original named concentration.

(v) (E) Provided the requirements of paragraph (c)(2)(iv) (D) of this section are met, use the gas divider with the gas selected in p aragraph (c)(2)(iii) (C) of this

section and determine the remainder of the calibrat ion points. Fit a calibration curve per sections 16, 17, 18, and 20 of this chapt er for the entire analyzer

range.

(d) Emission measurement accuracy – continuous samp ling. Analyzers used for continuous analysis must be operated such that the measured concentration falls between 15 and 100 percent of full scale chart defl ection. Exceptions to these limits

are:

(1) The analyzer's response may be less than 15 per cent or more than 100 percent of full scale if automatic range change cir cuitry is used and the limits for range changes are between 15 and 100 percent of ful l scale chart deflection;

(2) The analyzer's response may be less than 15 per cent of full scale if:

(i) (A) Alternative in paragraph (c)(2) of this section is used to ensure that the accuracy of the calibration curve is maintained bel ow 15 percent; or

(ii) (B) The full scale value of the range is 155 ppmC or l ess; or55

(iii) (C) The emissions from the engine are erratic and the integrated chart deflection value for the cycle is greater than 15 p ercent of full scale; or

(iv) (D) The contribution of all data read below the 15 per cent level is less than 10 percent by mass of the final test results.

51. Analyzer Initial Calibration.

(a) Warming-up time. Follow the warm-up time accor ding to the recommendations of the manufacturer. If not specified, a minimum of t wo hours should be allowed for warming up the analyzers.

(b) NDIR and HFID analyzer. Tune and maintain the NDIR analyzer per the instrument

manufacturer recommendations. The combustion flame of the HFID analyzer must be optimized in order to meet the specifications in Pa rt III, section 16(b).

(c) Zero setting and calibration. Using purified s ynthetic air (or nitrogen), set the CO,

CO 2 , NO X and HC analyzers at zero. Connect the appropriate calibrating gases to the analyzers and record the values. The same gas flow rates shall be used as when sampling exhaust.

(d) Rechecking of zero setting. Recheck the zero s etting and, if necessary, repeat the procedure described in paragraph (c) of this sectio n.

52. Hydrocarbon Analyzer Calibration.

(a) Calibrate the FID and HFID hydrocarbon analyzer as described in this section. Operate the HFID to a set point ± 5.5 degrees Celsi us between 185 and 197 degrees

Celsius.

(b) Initial and periodic optimization of detector r esponse. Prior to introduction into service and at least annually thereafter, adjust th e FID and HFID hydrocarbon analyzer for optimum hydrocarbon response as specified by th is paragraph. Alternative methods yielding equivalent results may be used, if approve d in advance by the Executive

Officer.

(1) Follow good engineering practices for initial i nstrument startup and basic operating adjustment using the appropriate fuel (se e Part III, section 12) and purified synthetic air or zero-grade nitrogen.

(2) One of the following procedures is required for FID or HFID optimization:56

(i) (A) The procedure outlined in Society of Automotive En gineers (SAE) paper No. 770141, “Optimization of Flame Ionization Detec tor for Determination of Hydrocarbons in Diluted Automobile Exhaust”; author , Glenn D. Reschke. This procedure has been incorporated by reference.

(ii) (B) The HFID optimization procedures outlined in Title 40, Code of Federal Regulations, section 86.331-79 [July 1, 1997], inco rporated herein by reference.

(iii) (C) Alternative procedures may be used if approved in advance by the

Executive Officer.

(3) After the optimum flow rates have been determin ed, they are recorded for

future reference.

(c) Initial and periodic calibration. Prior to int roduction into service and monthly thereafter, or within one month before the certific ation test, calibrate the FID or HFID hydrocarbon analyzer on all normally used instrumen t ranges, using the steps in this paragraph. Use the same flow rate and pressures as when analyzing samples. Introduce calibration gases directly at the analyze r.

(1) Adjust analyzer to optimize performance.

(2) Zero the hydrocarbon analyzer with purified syn thetic air or zero-grade nitrogen.

(3) Calibrate on each used operating range with cal ibration gases having nominal concentrations between 10 and 90 percent of that ra nge. A minimum of six evenly spaced points covering at least 80 percent o f the 10 to 90 percent range (64 percent) is required (see following table).

Example calibration points Acceptable for calibrati on?

20, 30, 40, 50, 60, 70 No, range covered is 50 percent, not 64
percent.

20, 30, 40, 50, 60, 70, 80, 90 Yes.

10, 25, 40, 55, 70, 85 Yes.

10, 30, 50, 70, 90 No, though equally spaced and entire range covered, a minimum of six points is needed.57

(4) For each range calibrated, if the deviation fro m a least squares best-fit straight line is two percent or less of the value a t each data point, calculate concentration values by use of a single calibration factor for that range. If the deviation exceeds two percent at any point, use the best-fit non-linear equation which represents the data to within two percent of each test point to determine

concentration.

(d) Oxygen interference optimization. Choose a ran ge where the oxygen interference check gases will fall in the upper 50 percent. Con duct the test, as outlined in this paragraph, with the oven temperature set as require d by the instrument manufacturer. Oxygen interference check gas specifications are fo und in Part III, section 12(d).

(1) Zero the analyzer.

(2) Span the analyzer with the 21 percent oxygen bl end.

(3) Recheck zero response. If it has changed more than 0.5 percent of full scale repeat paragraphs (d)(1) and (d)(2) of this section to correct the problem.

(4) Introduce the five percent and 10 percent oxyge n interference check gases.

(5) Recheck the zero response. If it has changed m ore than ± one percent of full scale, repeat the test.

(6) Calculate the percent of oxygen interference (d esignated as percent O 2 I) for each mixture in paragraph (d)(4) of this section ac cording to the following equation:

) 100 ( ) (

2 x

B ppmC response Analyzer B I O percent =

Where:

)) ( (% ) ( % B response analyzer fullscale of x A response analyzer fullscale of A response analyzer        

=

A = hydrocarbon concentration (ppmC) of the span gas

used in paragraph (d)(2) of this section.

B = hydrocarbon concentration (ppmC) of the oxygen

interference check gases used in paragraph (d)(4) o f

this section.58

(7) The percent of oxygen interference (designated as percent O 2 I) must be less than ± three percent for all required oxygen interf erence check gases before testing.

(8) If the oxygen interference is greater than the specifications, incrementally adjust the air flow above and below the manufacture r's specifications, repeating paragraphs (d)(1) through (d)(7) of this section fo r each flow.

(9) If the oxygen interference is greater than the specification after adjusting the air flow, vary the fuel flow and thereafter the sam ple flow, repeating paragraphs (d)(1) through (d)(7) of this section for each new setting.

(10) If the oxygen interference is still greater th an the specifications, repair or replace the analyzer, FID fuel, or burner air befor e testing. Repeat this section with the repaired or replaced equipment or gases.

53. Carbon Monoxide Analyzer Calibration.

(a) Calibrate the NDIR carbon monoxide analyzer des cribed in this section.

(b) Initial and periodic interference check. Prior to its introduction into service and annually thereafter, check the NDIR carbon monoxide analyzer for response to water vapor and CO 2 :

(1) Follow good engineering practices for instrumen t start-up and operation. Adjust the analyzer to optimize performance on the most sensitive range to be

used.

(2) Zero the carbon monoxide analyzer with either p urified synthetic air or zero-grade nitrogen.

(3) Bubble a mixture of three percent CO 2 in N 2 through water at room temperature and record analyzer response.

(4) An analyzer response of more than one percent o f full scale for ranges above 300 ppm full scale or more than three ppm on ranges below 300 ppm full scale requires corrective action. (Use of conditioning co lumns is one form of corrective action which may be taken.)

(c) Initial and periodic calibration. Calibrate th e NDIR carbon monoxide analyzer before its introduction into service and monthly thereafte r.

(1) Adjust the analyzer to optimize performance.

(2) Zero the carbon monoxide analyzer with either p urified synthetic air or zero-grade nitrogen.59

(3) Calibrate on each normally used operating range with carbon monoxide-in-N 2 calibration gases having nominal concentrations bet ween 10 and 90 percent of that range. A minimum of six evenly spaced points covering at least 80 percent of the 10 to 90 range (64 percent) is required (see following table).

Example calibration points Acceptable for calibrati on?

20, 30, 40, 50, 60, 70 No, range covered is 50 percent, not 64
percent.

20, 30, 40, 50, 60, 70, 80, 90 Yes.

10, 25, 40, 55, 70, 85 Yes.

10, 30, 50, 70, 90 No, though equally spaced and entire range covered, a minimum of six points is needed.

(4) Additional calibration points may be generated. For each range calibrated, if the deviation from a least-squares best-fit straigh t line is two percent or less of the value at each data point, concentration values may be calculated by use of a single calibration factor for that range. If the d eviation exceeds two percent at any point, use the best-fit non-linear equation whi ch represents the data to within two percent of each test point to determine concent ration.

54. Oxides of Nitrogen Analyzer Calibration.

(a) Calibrate the chemiluminescent oxides of nitrog en analyzer as described in this

section.

(b) Initial and periodic interference. Prior to it s introduction into service, and monthly thereafter, check the chemiluminescent oxides of ni trogen analyzer for NO 2 to NO converter efficiency. Figure 2 in Appendix B of th is Part is a reference for the following paragraphs:

(1) Follow good engineering practices for instrumen t start-up and operation. Adjust the analyzer to optimize performance.

(2) Zero the oxides of nitrogen analyzer with purif ied synthetic air or zero-grade nitrogen.

(3) Connect the outlet of the NO X generator to the sample inlet of the oxides of nitrogen analyzer which has been set to the most co mmon operating range.60

(4) Introduce into the NO X generator analyzer-system an NO-in-nitrogen (N 2 ) mixture with an NO concentration equal to approxima tely 80 percent of the most common operating range. The NO 2 content of the gas mixture must be less than 5 percent of the NO concentration.

(5) With the oxides of nitrogen analyzer in the NO mode, record the concentration of NO indicated by the analyzer.

(6) Turn on the NO X generator O 2 (or air) supply and adjust the O 2 (or air) flow rate so that the NO indicated by the analyzer is ab out 10 percent less than indicated in paragraph (b)(5) of this section. Rec ord the concentration of NO in

this NO+O 2 mixture as value “c.”

(7) Switch the NO X

generator to the generation mode and adjust the ge neration rate so that the NO measured on the analyzer is 20 percent of that measured in paragraph (b)(5) of this section. There must be at least 10 percent unreacted NO at this point. Record the concentration of residua l NO as value “d.”

(8) Switch the oxides of nitrogen analyzer to the N O X mode and measure total

NO X . Record this value as “a.”

(9) Switch off the NO X

generator but maintain gas flow through the system . The oxides of nitrogen analyzer will indicate the NO X in the NO+O 2 mixture. Record

this value as “b.”

(10) Turn off the NO X generator O 2 (or air) supply. The analyzer will now indicate

the NO X in the original NO-in-N 2 mixture. This value should be no more than 5 percent above the value indicated in paragraph (b )(4) of this section.

(11) Calculate the efficiency of the NO X converter by substituting the concentrations obtained into the following equation :

Where:

100 1 x cd ab efficiency percent      

+ =

a = concentration obtained in paragraph (b)(8) of thi s

section,

b = concentration obtained in paragraph (b)(9) of t his

section,

c = concentration obtained in paragraph (b)(6) of t his

section,61 d = concentration obtained in paragraph (b)(7) of t his

section.

(c) Initial and periodic calibration. Prior to its introduction into service, and monthly thereafter, calibrate the chemiluminescent oxides o f nitrogen analyzer on all normally used instrument ranges. Use the same flow rate as when analyzing samples. Proceed

as follows:

(1) Adjust analyzer to optimize performance.

(2) Zero the oxides of nitrogen analyzer with zero- grade air or zero-grade nitrogen.

(3) Calibrate on each normally used operating range with NO-in-N 2 calibration gases with nominal concentrations between 10 and 90 percent of that range. A minimum of six evenly spaced points covering at lea st 80 percent of the 10 to 90 percent range (64 percent) is required (see followi ng table).

Example calibration points Acceptable for calibrati on?

20, 30, 40, 50, 60, 70 No, range covered is 50 percent, not 64
percent.

20, 30, 40, 50, 60, 70, 80, 90 Yes.

10, 25, 40, 55, 70, 85 Yes.

10, 30, 50, 70, 90 No, though equally spaced and entire range covered, a minimum of six points is needed.

(4) Additional calibration points may be generated. For each range calibrated, if the deviation from a least-squares best-fit straigh t line is two percent or less of the value at each data point, concentration values may be calculated by use of a single calibration factor for that range. If the d eviation exceeds two percent at any point, use the best-fit non-linear equation whi ch represents the data to within two percent of each test point to determine concent ration.

55. NO X Converter Check.

(a) The efficiency of the converter used for the co nversion of NO 2 to NO is tested as given in paragraphs (a)(1) through (a)(8) of this s ection (see Figure 2 in Appendix B to this Part).

(1) Using the test setup as shown in Figure 2 in Ap pendix B to this Part (see also Part III, section 18 of this chapter) and the proce dures described in paragraphs62

(a)(2) through (a)(8) of this section, test the eff iciency of converters by means of

an ozonator.

(2) Calibrate the HCLD in the most common operating range following the manufacturer's specifications using zero and span g as (the NO content of which must amount to about 80 percent of the operating ra nge and the NO 2 concentration of the gas mixture less than five per cent of the NO concentration).

The NO X analyzer must be in the NO mode so that the span g as does not pass through the converter. Record the indicated concen tration.

(3) Calculate the efficiency of the NO X converter as described in Part III, section 18(b).

(4) Via a T-fitting, add oxygen continuously to the gas flow until the concentration indicated is about 20 percent less than the indicat ed calibration concentration given in paragraph (a)(2) of this section. Record the indicated concentration as “c.” The ozonator is kept deactivated throughout t he process.

(5) Activate the ozonator to generate enough ozone to bring the NO concentration down to about 20 percent (minimum 10 percent) of the calibration concentration given in paragraph (a)(2) of this sec tion. Record the indicated concentration as “d.” Note that if, with the analy zer in the most common range

the NO X converter cannot give a reduction from 80 percent to 20 percent, then use the highest range which will give the reduction

.

(6) Switch the NO analyzer to the NO X mode, which means that the gas mixture (consisting of NO, NO 2 , O 2 and N 2 ) now passes through the converter. Record

the indicated concentration as “a.”

(7) Deactivate the ozonator. The mixture of gases described in paragraph (a)(6) of this section passes through the converter into t he detector. Record the

indicated concentration as “b.”

(8) Switched to NO mode with the ozonator deactivat ed, the flow of oxygen or synthetic air is also shut off. The NO X reading of the analyzer may not deviate by more than ± five percent of the theoretical value o f the figure given in paragraph (a)(2) of this section.

(b) The efficiency of the converter must be tested before each calibration of the

NO X analyzer.

(c) The efficiency of the converter may not be less than 90 percent.63

56. Carbon Dioxide Analyzer Calibration.

(a) Prior to its introduction into service, and mon thly thereafter, or within one month before the certification test, calibrate the NDIR c arbon dioxide analyzer as follows:

(1) Follow good engineering practices for instrumen t start-up and operation. Adjust the analyzer to optimize performance.

(2) Zero the carbon dioxide analyzer with either pu rified synthetic air or zero-grade nitrogen.

(3) Calibrate on each normally used operating range with carbon dioxide-in-N 2 calibration or span gases having nominal concentrat ions between 10 and 90 percent of that range. A minimum of six evenly spa ced points covering at least 80 percent of the 10 to 90 percent range (64 percen t) is required (see following table).

Example calibration points Acceptable for calibrati on?

20, 30, 40, 50, 60, 70 No, range covered is 50 percent, not 64
percent.

20, 30, 40, 50, 60, 70, 80, 90 Yes.

10, 25, 40, 55, 70, 85 Yes.

10, 30, 50, 70, 90 No, though equally spaced and entire range covered, a minimum of six points is needed.

(4) Additional calibration points may be generated. For each range calibrated, if the deviation from a least-squares best-fit straigh t line is two percent or less of the value at each data point, concentration values may be calculated by use of a single calibration factor for that range. If the d eviation exceeds two percent at any point, use the best-fit non-linear equation whi ch represents the data to within two percent of each test point to determine concent ration.

57. NDIR Analyzer Calibration.

(a) Detector optimization. If necessary, follow th e manufacturer's instructions for initial start-up and basic operating adjustments.

(b) Calibration curve. Develop a calibration curve for each range used as follows:

(1) Zero the analyzer.64

(2) Span the analyzer to give a response of approxi mately 90 percent of full-scale

chart deflection.

(3) Recheck the zero response. If it has changed m ore than 0.5 percent of full scale, repeat the steps given in paragraphs (b)(1) and (b)(2) of this section.

(4) Record the response of calibration gases having nominal concentrations between 10 and 90 percent of full-scale concentrati on. A minimum of six evenly spaced points covering at least 80 percent of the 1 0 to 90 percent range (64 percent) is required (see following table).

Example calibration points Acceptable for calibrati on?

20, 30, 40, 50, 60, 70 No, range covered is 50 percent, not 64
percent.

20, 30, 40, 50, 60, 70, 80, 90 Yes.

10, 25, 40, 55, 70, 85 Yes.

10, 30, 50, 70, 90 No, though equally spaced and entire range covered, a minimum of six points is needed.

(5) Generate a calibration curve. The calibration curve must be of fourth order or less, have five or fewer coefficients, and be of th e form of equation (1) (A) or (2) (B) . Include zero as a data point. Compensation for known impurities in the zero gas can be made to the zero-data point. The c alibration curve must fit the data points within two percent of point or one perc ent of full scale, whichever is

less.

(A) E Dx Cx Bx Ax y +

+ + + = 2

3 4 (1)

(B)
E Dx Cx Bx Ax x y
+

+ + + = 2

3 4 (2)

y = concentration

x = chart deflection

(6) Option. A new calibration curve need not be ge nerated if:

(i) (A) A calibration curve conforming to paragraph (b)(5) of this section exists;

(ii) (B) The responses generated in paragraph (b)(4) of thi s section are within one percent of full scale or two percent of point, whic hever is less, of the responses65

predicted by the calibration curve for the gases us ed in paragraph (b)(4) of this

section.

(7) If multiple range analyzers are used, the lowes t range used must meet the curve fit requirements below 15 percent of full sca le.

(c) Linear calibration criteria. If any range is w ithin two percent of being linear, a linear calibration may be used. To determine if this crit erion is met:

(1) Perform a linear least-square regression on the data generated. Use an equation of the form y = mx, where x is the actual chart deflection and y is the

concentration.

(2) Use the equation z = y/m to find the linear cha rt deflection (designated as z) for each calibration gas concentration (designated as y).

(3) Determine the linearity (designated as percent L) for each calibration gas by:

) 100 ( ) (

deflection chart linear scale Full zx L percent =

(4) The linearity criterion is met if the percent L is less than ± two percent for each data point generated. For each emission test, use a calibration curve of the form y = mx. The slope (designated as m) is define d for each range by the spanning process.

58. Calibration of Other Equipment.

Calibrate other test equipment as often as required by the test equipment manufacturer or as necessary according to good engineering pract ice.

59. Analyzer Bench Checks.

(a) Prior to initial use and after major repairs, v erify that each analyzer complies with the specifications given in Table 1 to this Part.

(b) If a stainless steel NO 2 to NO converter is used, condition all new or repl acement converters. The conditioning consists of either pu rging the converter with air for a

minimum of four hours or until the converter effici ency is greater than 90 percent. The converter must be at operational temperature while purging. Do not use this procedure before checking converter efficiency on in-use conv erters.66

60. Analyzer Leakage Check.

(a) Vacuum side leak check.

(1) Check any location within the analysis system w here a vacuum leak could

affect the test results.

(2) The maximum allowable leakage rate on the vacuu m side is 0.5 percent of the in-use flow rate for the portion of the system being checked. The analyzer flows and bypass flows may be used to estimate the in-use flow rates.

(3) The sample probe and the connection between the sample probe and valve V2 (see Figure 1 in Appendix A of this Part) may be excluded from the leak

check.

(4) Pressure side leak check. Substantial leaks of the sample on the pressure side of the system may impact sample integrity if t he leaks are of sufficient magnitude. As a safety precaution, it is good engi neering practice to perform periodic pressure side leak checks on the sampling system.

61. Analyzer Interference Checks.

(a) Gases present in the exhaust other than the one being analyzed can interfere with the reading in several ways. Positive interference occurs in NDIR and PMD instruments when the interfering gas gives the same effect as t he gas being measured, but to a lesser degree. Negative interference occurs in NDI R instruments by the interfering gas broadening the absorption band of the measured gas, and in CLD instruments by the interfering gas quenching the radiation. The inter ference checks described in this section are to be made initially and after any majo r repairs that could affect analyzer performance.

(b) CO analyzer water and CO 2 interference checks. Bubble through water at room temperature a CO 2 span gas having a concentration of between 80 perc ent and 100 percent inclusive of full scale of the maximum oper ating range used during testing and record the analyzer response. For dry measurements , this mixture may be introduced into the sample system before the water trap. The analyzer response must not be more than one percent of full scale for ranges equal to or above 300 ppm or more than three ppm for ranges below 300 ppm.

(c) NO X analyzer quench check. The two gases of concern f or CLD (and HCLD) analyzers are CO 2 and water vapor. Quench responses to these two ga ses are proportional to their concentrations and, therefore , require test techniques to determine quench at the highest expected concentrations exper ienced during testing.

(1) NO X analyzer CO 2 quench check.67

(i) (A) Pass a CO 2 span gas having a concentration of 80 percent to 1 00 percent of full scale of the maximum operating range used d uring testing through the CO 2 NDIR analyzer and record the value as “a.”

(ii) (B) Dilute the CO 2 span gas approximately 50 percent with NO span gas and pass through the CO 2 NDIR and CLD (or HCLD). Record the CO 2 and NO values as “b” and “c,” respectively.

(iii) (C) Shut off the CO 2 and pass only the NO span gas through the CLD (or HCLD). Record the NO value recorded as “d.”

(iv) (D) Calculate the percent CO 2 quench as follows, which may not exceed three
percent:



# ( )

b a x b x d a x d a x c
x quench CO percent ) )( ( ) ( 1 100
2        

=

Where:

a = Undiluted CO 2 concentration (percent)

b = Diluted CO 2 concentration (percent)

c = Diluted NO concentration (ppm)

d = Undiluted NO concentration (ppm)

(2) NO X analyzer water quench check.

(i) (A) This check applies to wet measurements only. Pass an NO span gas having a concentration of 80 percent to 100 percent of full scale of a normal operating range through the CLD (or HCLD). Record the response as D. Bubble through water at room temperature the NO span gas a nd pass it through the CLD (or HCLD). Record the analyzers response as AR. D etermine and record the analyzers absolute operating pressure and the bubbl er water temperature. (It is important that the NO span gas contains minimal NO 2 concentration for this check. No allowance for absorption of NO 2 in water has been made in the following quench calculations.)68

(ii) (B) Calculations for water quench must consider diluti on of the NO span gas with water vapor and scaling of the water vapor con centration of the mixture to that expected during testing. Determine the mixtur e's saturated vapor pressure (designated as Pwb) that corresponds to the bubbler water temperature. Calculate the water concentration (Z1", percent) in the mixture by the following equation: 

# ( )

GP Pwb x Z 100 1 =

Where:

GP = the analyzer's standard operating pressure (pasca ls)

(iii) (C) Calculate the expected dilute NO span gas and wate r vapor mixture concentration (designated as “ D1”) by the following equation:



# ( )

100 1 1 1 Z x D D =

62. Pre- and Post-test Analyzer Calibration.

Calibrate the operating range of each analyzer used during the test before and after each test in accordance with the following procedur e (A chronic need for parameter adjustment can indicate a need for instrument maint enance.):

(a) Make the calibration using a zero gas and a spa n gas whose nominal value is between 80 percent and 100 percent of full scale, i nclusive, of the measuring range.

(b) Use the same analyzer(s) flow rate and pressure as that used during exhaust emission test sampling.

(c) Warm-up and stabilize the analyzer(s) before th e calibration is made.

(d) If necessary, clean and/or replace filter eleme nts before calibration is made.

(e) Calibrate analyzer(s) as follows:

(1) Zero the analyzer using the appropriate zero ga s. Adjust analyzer zero if necessary. Zero reading should be stable.

(2) Span the analyzer using the appropriate span ga s for the range being calibrated. Adjust the analyzer to the calibration set point if necessary.

(3) Recheck zero and span set points.69

(4) If the response of the zero gas or span gas dif fers more than one percent of full scale, then repeat paragraphs (e)(1) through ( 3) of this section.

63. Sampling System Requirements.

(a) Sample component surface temperature. For samp ling systems which use heated components, use engineering judgment to locate the coolest portion of each component (pump, sample line section, filters, and so forth) in the heated portion of the sampling system that has a separate source of power or heati ng element. Monitor the temperature at that location. If several component s are within an oven, then only the surface temperature of the component with the large st thermal mass and the oven temperature need be measured.

(b) If water is removed by condensation, monitor th e sample gas temperature or sample dew point either within the water trap or downstrea m. It may not exceed 7 degrees

Celsius.

64. Measurement Equipment Accuracy/Calibration Freq uency Table.

(a) The accuracy of measurements must be such that the maximum tolerances shown in Table 1 in Appendix A to this Part are not excee ded.

(b) Calibrate all equipment and analyzers according to the frequencies shown in Table 1 in Appendix A to this Part.

(c) Prior to initial use and after major repairs, b ench check each analyzer (see Part III, section 23).

(d) Calibrate as specified in Part III, section 6 a nd sections 15 through 22.

(e) At least monthly, or after any maintenance whic h could alter calibration, perform the following calibrations and checks.

(1) Leak check the vacuum side of the system (see P art III, section 24(a)).

(2) Verify that the automatic data collection syste m (if used) meets the requirements found in Table 1 in Appendix A of this Part.

(3) Check the fuel flow measurement instrument to i nsure that the specifications in Table 1 in Appendix A to this Part are met.

(f) Verify that all NDIR analyzers meet the water r ejection ratio and the CO 2 rejection ratio as specified in Part III, section 25.

(g) Verify that the dynamometer test stand and powe r output instrumentation meet the specifications in Table 1 in Appendix A to this Par t.70

65. Catalyst Thermal Stress Test.

(a) Oven characteristics. The oven used for therma lly stressing the test catalyst must be capable of maintaining a temperature of 500 degr ees Celsius ± 5 degrees Celsius and 1000 degrees Celsius ± 10 degrees Celsius.

(b) Evaluation gas composition.

(1) A synthetic exhaust gas mixture is used for eva luating the effect of thermal stress on catalyst conversion efficiency.

(2) The synthetic exhaust gas mixture must have the following composition:

Constituent Volume Percent Parts per million

Carbon Monoxide 1 1 —

Oxygen 1.3 —

Carbon Dioxide 9 —

Water Vapor 10 —

Sulfur Dioxide — 20

Oxides of Nitrogen — 280

Hydrogen — 3500

Hydrocarbon 1,2 — 4000

Nitrogen=Balance — —

1 Alternatively, the carbon monoxide and hydrocar bon proportions of the mixture may be changed to 1. 2% and 4650 ppm, respectively (using one of these concentration s requires that the other be used simultaneously. 2 Propylene/propane ratio = 2/1.A-71 Appendix A to Part III.

Table 1. Measurement Accuracy Calibration Frequency

Permissible deviation from reading 1 No. Item

non-idle idle Calibration frequency

1 Engine speed ± 2% ± 2% Monthly

2 Torque ± 5% — Monthly

3 Fuel consumption ± 1% ± 5% Monthly

4 Air consumption ± 2°C ± 5% As required

5 Coolant temperature ± 2°C Same As required

6 Lubricant temperature ± 2% Same As required

7 Exhaust backpressure ± 5% Same As required

8 Inlet depression ± 5% Same As required

9 Exhaust gas temperature ± 15% Same As required

10 Air inlet temperature (combustion air) ± 2°C Sam e As required

11 Atmospheric pressure ± 0.5% Same As required

12 Humidity (combustion air) (relative) ± 3.0% Same As required

13 Fuel temperature ± 2°C Same As required

14 Temperature with regard to dilution system ± 2°C Same As required

15 Dilution air humidity ± 3.0% absolute Same As required

16 HC analyzer ± 2% 2 Same Monthly

17 CO analyzer ± 2% 2 Same Monthly

18 NO
x analyzer ± 2% 2 Same Monthly

19 NO
x converter check 90% Same Monthly

20 CO 2 analyzer ± 2% 2 Same Monthly

1. All accuracy requirements pertain to the final recorded value, which is inclusive of the data acq uisition system. 2. If reading is under 100 ppm then the accuracy shall be ± 2 ppm.B-72 Appendix B to Part III – Figures.B-7374

Part IV. Gaseous Exhaust Test Procedures

66. Scope; Applicability.

(a) This Part describes the procedures to follow in order to perform exhaust emission tests on new spark-ignition marine engines subject to the provisions of Part I. Provisions specific to raw gas sampling are in Part IV, sections 14 through 19, provisions specific to constant volume sampling are in Part IV, sections 20 through 26. All other sections in this Part apply to both raw g as sampling and constant volume sampling unless indicated otherwise.

(b) Requirements for emission test equipment and ca librating this equipment as required to perform the procedures in this Part are found in Part III.

67. Definitions.

The definitions in Part I, section 2 apply to this Part.

68. Abbreviations.

The abbreviations in Part I, section 3 apply to thi s Part.

69. Test Procedure Overview.

(a)The test consists of prescribed sequences of eng ine operating conditions to be conducted on an engine dynamometer or equivalent lo ad and speed measurement device. The exhaust gases generated during engine operation are sampled either raw or dilute, and specific components are analyzed thr ough the analytical system.

(b)The tests are designed to determine the brake-sp ecific emissions of hydrocarbons, carbon monoxide, and oxides of nitrogen. The test consists of one idle mode and four power modes with an exponential relationship betwee n torque and speed which span the typical operating range of spark-ignition marin e engines. These procedures require the determination of the concentration of each poll utant, fuel flow, and the power output during each mode. The measured values are weighted and used to calculate the grams of each pollutant emitted per brake kilowatt hour ( g/kW-hr).

(c) (1) When an engine is tested for exhaust emissi ons the complete engine is tested, with all emission control devices installed and functioning.

(2) Additional accessories (for example, oil cooler , alternators, and so forth) may be installed, but such accessory loading will be co nsidered parasitic in nature and observed power is used in the emission calculat ion.

(d) All emission control systems installed on or in corporated in the application must be functioning during all procedures in this Part. In cases of component malfunction or75

failure, no maintenance is allowed without prior ap proval from the Executive Officer in
accordance with Part I, section 23.

70. Recorded Information.

(a) Record the information described in this sectio n for each test where applicable.

(b) Test data; general.

(1) Engine identification number.

(2) Engine emissions control system.

(3) Test operator(s).

(4) Number of hours of operation accumulated on the engine before beginning the warm-up portion of the test (to the nearest ten th hour).

(5) Fuel identification.

(6) For two-stroke engines, fuel/oil mixture ratio.

(7) Date of most recent analytical assembly calibra tion.

(8) All pertinent instrument information such as tu ning, gain, serial numbers, detector number, and calibration curve numbers. As long as this information is traceable, it may be summarized by system number or analyzer identification

numbers.

(c) Test data; pre-test.

(1) Date and time of day.

(2) Test number.

(3) Barometric pressure; as an option, barometric p ressure can be measured as

a modal measurement instead of or in addition to a pre- and post-test

measurement.

(4) Recorder chart or equivalent. Identify for eac h test segment zero traces for each range used, and span traces for each range use d.

(d) Test data; modal.

(1) Recorder chart or equivalent. Identify for eac h test mode the emission concentration traces and the associated analyzer ra nge(s).76

(2) Observed engine torque.

(3) Observed engine rpm.

(4) Engine intake air flow, if applicable.

(5) Test cell temperature and humidity for each mod e.

(6) For raw gas testing; fuel flow for each mode. Fuel flow measurement is not required for dilute testing but is allowed. If the fuel flow measurement is a volume measurement system, record the fuel temperat ure in the measurement system for fuel density corrections to the mass flo w rate. If the fuel temperature is within 3 degrees Celsius of the calibration temp erature, no density correction is required.

(7) Engine intake temperature and humidity for each mode, if applicable.

(8) Exhaust sample line temperature, if applicable.

(e) Test data; post-test.

(1) Recorder chart or equivalent. Identify the han g-up check.

(2) Recorder chart or equivalent. Identify the zer o traces for each range used and the span traces for each range used.

(3) Total number of hours of operation accumulated on the engine (to the nearest tenth hour).

(4) Barometric pressure, post-test segment.77

71. Engine Parameters to be Measured and Recorded.

Measure or calculate, then record, the engine param eters in the table below:

Parameter Units

Airflow rate (dry), if applicable g/h

Fuel flow rate g/h

Engine speed rpm

Engine torque output N-m

Power output kW

Air inlet temperature °C

Air humidity mg/kg

Coolant temperature (liquid cooled) °C

Exhaust mixing chamber surface temperature, if appl icable °C

Total accumulated hours of engine operation H

Barometric pressure kilopascals

72. Engine Inlet and Exhaust Systems.

(a) The engine manufacturer is liable for emission compliance over the full range of restrictions that are specified by the engine manuf acturer for that particular engine.

(b) The air inlet filter system and exhaust muffler system combination used on the test engine must be the systems expected to yield the hi ghest emission levels.

73. Pre-test Procedures.

(a) Engine service accumulation and stabilization p rocedure. Use the service accumulation procedure determined by the manufactur er for exhaust emission stabilizing of an engine, consistent with good engi neering practice (see Part 1, section 21).

(1) The manufacturer determines, for each engine fa mily, the number of hours at which the engine exhaust emission control system co mbination is stabilized for emission testing. However, this stabilization proc edure may not exceed 12 hours. The manufacturer must maintain, and provide to the Executive Officer upon request, a record of the rationale used in mak ing this determination. If the manufacturer can document that, at some time before the full 12 hour service78

accumulation period, the engine emissions are decre asing for the remainder of the 12 hours, the service accumulation may be compl eted at that time. The manufacturer may elect to accumulate 12 hours on ea ch test engine within an engine family without making this determination.

(2) During service accumulation, the fuel and lubri cants specified in Part III,

section 8 must be used.

(3) Engine maintenance during service accumulation is allowed only in accordance with Part I, section 22.

(b) Engine pre-test preparation.

(1) Drain and charge the fuel tank(s) with the spec ified test fuel (see Part III, section 8) to 50 percent of the tank's nominal capa city. If an external fuel tank is used, the engine fuel inlet system pressure must be typical of what the engine

will see in use.

(2) Operate the engine on the dynamometer measuring the fuel consumption (fuel consumption required only for raw gas samplin g method) and torque before and after the emission sampling equipment is instal led, including the sample probe, using mode 1 from Table 1-1 in Part 1, secti on 20. The emission sampling equipment may not significantly affect the operational characteristics of the engine (typically, the results should agree wit hin five percent).

(c) Analyzer pre-test procedures.

(1) If necessary, warm up and stabilize the analyze r(s) before calibrations are performed.

(2) Replace or clean the filter elements and then v acuum leak check the system per Part III, section 24(a). If necessary, allow t he heated sample line, filters, and pumps to reach operating temperature.

(3) Perform the following system checks:

(A) If necessary, check the sample-line temperature. Heated FID sample line temperature must be maintained between 110 degrees Celsius and 230 degrees Celsius, a heated NO X sample line temperature must be maintained between 60 degrees Celsius and 230 degrees Celsius.

(B) Check that the system response time has been accou nted for before sample collection data recording.

(C) A hang-up check is permitted.79

(4) Check analyzer zero and span before and after e ach test at a minimum. Further, check analyzer zero and span any time a ra nge change is made or at the maximum demonstrated time span for stability fo r each analyzer used.

(d) Check system flow rates and pressures and reset if necessary.

74. Engine Dynamometer Test Run.

(a) Engine and dynamometer start-up.

(1) Only adjustments in accordance with Part I, sec tion 17, may be made to the test engine before starting a test.

(2) If necessary, warm up the dynamometer as recomm ended by the dynamometer manufacturer or in accordance good engi neering practice.

(3) At the manufacturer's option, the engine can be run with the throttle in a fixed position or by using the engine's governor (if the engine is manufactured with a governor). In either case, the engine speed and lo ad must meet the requirements specified in paragraph (b)(12) of this section.

(b) Each test consists of the following:

(1) Record the general test data as specified in se ction 5 of this Part.

(2) Precondition the engine in the following manner ;

(i) (A) Operate the engine at idle for 2 to 3 minutes;

(ii) (B) Operate the engine at a power greater than or equa l to 50 percent power at the rated speed for 5 to 7 minutes;

(iii) (C) Operate the engine at rated speed and maximum power for 25 to 30 minutes;

(iv) (D) Option. For four-stroke engines, where appropriat e, it is permitted to precondition the engine at rated speed and maximum power until the oil and water temperatures are stabilized. The temperature s are defined as stabilized if they are maintained within 2 percent of point for 2 minutes. The engine must be operated a minimum of 10 minutes for this option. This optional procedure may be substituted for step in paragraphs (b)(2)(iii) (C) of this section;

(v) (E) Option. If the engine has been operating on servi ce accumulation for a minimum of 40 minutes, the service accumulation may be substituted for steps in paragraphs (b)(2)(i) (A) through (iii) (C) of this section.80

(3) Record all pre-test data specified in Part IV, section 5(c).

(4) Start the test cycle (see Part IV, section 10) within 10 minutes of the completion of the steps required by paragraph (b)(2 ) of this section.

(5) During the first mode calculate the torque corr esponding to 71.6, 46.5, and 25.3 percent of the maximum observed torque for the rated speed.

(6) Once engine speed and load are set for a mode, run the engine for a sufficient period of time to achieve thermal stabil ity. At the manufacturers option, determine and document the appropriate criterion fo r thermal stability for each engine family.

(7) Record all modal data specified in Part IV, sec tion 5(e) for a minimum time period of the last two minutes of each mode. Longe r averaging periods are acceptable, but the data averaged must be from a co ntinuous time period. The duration of time during which this data is recorded is referred to as the “sampling period.” The data collected during the sampling per iod is used for modal

emission calculations.

(8) Continuously record the analyzer's response to the exhaust gas during the sampling period.

(9) Modes may be repeated.

(10) If a delay of more than one hour occurs betwee n the end of one mode and the beginning of another mode, the test is void and must be restarted as described at paragraph (b)(1) of this section.

(11) The engine speed and load must be maintained w ithin the requirements of Part IV, section 10 during the sampling period for each mode. If this requirement is not met, the mode is void and must be restarted.

(12) If at any time during a mode, the test equipme nt malfunctions or the specifications in Part IV, section 10 can not be me t, the test is void, and must be

aborted. Corrective action should be taken and the test restarted.

(13) Fuel flow and air flow during the idle conditi on may be determined just before or immediately following the dynamometer seq uence, if longer times are required for accurate measurements. If the dilute sampling method (Constant Volume Sampling) is used, neither fuel flow nor air flow measurements are required.

(c) Exhaust gas measurements.

(1) Measure HC, CO, CO 2 , and NO X concentration in the exhaust sample.81

(2) Each analyzer range that may be used during a t est segment must have the zero and span responses recorded before the start o f the test. Only the range(s) used to measure the emissions during the test is re quired to have its zero and span recorded after the completion of the test. De pending on the stability of each individual analyzer, more frequent zero checks or spans between modes may be necessary.

(3) It is permitted to change filter elements betwe en test segments.

(4) A leak check is permitted between modes.

(5) A hang-up check is permitted between modes (see Part IV, section 13).

(6) If, during the emission measurement portion of a mode, the value of the gauges downstream of the NDIR analyzer(s) G3 or G4 (See Figure 1 in Appendix B of Part III) differs by more than ± 0.5 kilopascals, the mode is void.

75. Engine Test Cycle.

(a)The 5-mode cycle specified in Part I, section 20 shall be followed in dynamometer operation tests of spark-ignition marine engines.

(b)During each non-idle mode the specified speed an d load shall be held to within ± 50 rpm or ± two percent of point, whichever is greater . During each idle mode the engine speed shall be held within ± 75 rpm or ± five perce nt of the manufacturers specified idle speed, whichever is greater. For direct drive prod ucts (no neutral gear), it is acceptable to have an accessory load on the engine during the idle mode provided that the engine speed is within ± five percent of the manufacturers specified idle speed and the accessory load is representative of in use operatio n.

(c) If the operating conditions specified in paragr aph (b) of this section for modes 2, 3, 4, and 5 cannot be maintained, the Executive Officer m ay authorize deviations from the specified load conditions. Such deviations shall n ot exceed 10 percent of the maximum torque at the test speed. The minimum deviations, above and below the specified load, necessary for stable operation shall be determined by the manufacturer and approved by the Executive Officer before the test run.

(d) Do not include power generated during the idle mode (mode 5) in the calculation of

emissions results.

76. Post-test Analyzer Procedures.

(a) Perform a hang-up check within 60 seconds of th e completion of the last mode in the test. Use the following procedure:82

(1) Introduce a zero-grade gas or room air into the sample probe or valve V2 (see Figure 1 in Appendix B of Part III) to check t he hangup zero response. Simultaneously start a time measurement.

(2) Select the lowest HC range used during the test

.

(3) Within four minutes of beginning the time measu rement in paragraph (a)(1) of this section, the difference between the zero gas r esponse and the hang-up zero response shall not be greater than 5.0 percent of f ull scale or 10 ppmC whichever is greater.

(b) Begin the analyzer span checks within six minut es after the completion of the last mode in the test. Record for each analyzer the zer o and span response for each range used during the preceding test or test segment.

(c) If during the test, the filter element(s) were replaced or cleaned, a vacuum check must be performed per Part III, section 24(a) immed iately after the span checks. If the vacuum side leak check does not meet the requiremen ts of Part III, section 24(a) the

test is void.

(d) Read and record the post-test data specified in Part IV, section 5(e).

(e) For a valid test, the analyzer drift between th e before-segment and after-segment span checks for each analyzer must meet the followi ng requirements:

(1) The span drift (defined as the change in the di fference between the zero response and the span response) must not exceed two percent of full-scale chart deflection for each range used.

(2) The zero response drift must not exceed two per cent of fullscale chart deflection for each range used above 155 ppm (or pp m C), or three percent of full-scale chart deflection for each range below 15 5 ppm (or ppm C).

77. Data Logging.

(a) A computer or any other automatic data collecti on (ADC) device(s) may be used as long as the system meets the requirements of this P art.

(b) Determine from the data collection records the analyzer responses corresponding to

the end of each mode.

(c) Record data at a minimum of one Hz (one time pe r second).

(d) Determine the final value for power by averagin g the individually calculated power points for each value of speed and torque recorded during the sampling period. As an83

alternative, the final value for power can be calcu lated from the average values for speed and torque, collected during the sampling per iod.

(e) Determine the final value for CO 2 , CO, HC, and NO X concentrations by averaging the concentration of each point taken during the sa mple period for each mode.

78. Exhaust Sample Procedure – Gaseous Components.

(a) Automatic data collection equipment requirement s. The analyzer response may be read by automatic data collection (ADC) equipment s uch as computers, data loggers, etc. If ADC equipment is used the following is req uired:

(1) For dilute grab (“bag”) analysis, the analyzer response must be stable at greater than 99 percent of the final reading for th e dilute exhaust sample bag. A single value representing the average chart deflect ion over a 10-second stabilized period shall be stored.

(2) For continuous analysis systems, a single value representing the average integrated concentration over a cycle shall be stor ed. Alternatively, the ADC may

store the individual instantaneous values collected during the measurement period.

(3) The chart deflections or average integrated con centrations required in paragraphs (a)(1) and (a)(2) of this section may be stored on long-term computer storage devices such as computer tapes, storage dis cs, punch cards, and so forth, or they may be printed in a listing for stor age. In either case a chart recorder is not required and records from a chart r ecorder, if they exist, need not

be stored.

(4) If ADC equipment is used to interpret analyzer values, the ADC equipment is subject to the calibration specifications of the an alyzer as if the ADC equipment is part of analyzer system.

(b) Data records from any one or a combination of a nalyzers may be stored as chart

recorder records.

(c) Grab sample analysis. For dilute grab sample a nalysis perform the following

sequence:

(1) Calibrate analyzers using the procedure describ ed in Part III, section 26.

(2) Record the most recent zero and span response a s the preanalysis value.

(3) Measure HC, CO, CO 2 , and NO X background concentrations in the sample bag(s) and background sample bag(s) using the same flow rates and pressures.84

(4) Good engineering practice dictates that analyze rs used for continuous analysis should be operated such that the measured concentration falls between 15 percent and 100 percent of full scale.

(5) A post-analysis zero and span check of each ran ge must be performed and the values recorded. The number of events that may occur between the pre and post checks is not specified. However, the differe nce between pre-analysis zero and span values (recorded in paragraph (c)(5) or (c )(6) of this section) versus those recorded for the post-analysis check may not exceed the zero drift limit or the span drift limit of 2 percent of full scale cha rt deflection for any range used.

Otherwise the test is void.

(d) Continuous sample analysis. For continuous sam ple analysis, perform the following

sequence:

(1) Calibrate analyzers using the procedures descri bed in Part III, section 26.

(2) Leak check portions of the sampling system that operate at negative gauge pressures when sampling, and allow heated sample li nes, filters, pumps, and so forth to stabilize at operating temperature.

(3) Option: Determine the hang-up for the FID or HF ID sampling system:

(A) Zero the analyzer using zero air introduced at the analyzer port.

(B) Flow zero air through the overflow sampling system . Check the analyzer

response.

(C) If the overflow zero response exceeds the analyzer zero response by two percent or more of the FID or HFID full-scale defle ction, hang-up is indicated and corrective action must be taken (see paragraph (e) of this section).

(D) The complete system hang-up check specified in par agraph (f) of this section is recommended as a periodic check.

(4) Obtain a stable zero reading.

(5) Good engineering practice dictates that analyze rs used for continuous analysis should be operated such that the measured concentration falls between 15 percent and 100 percent of full scale.

(6) Record the most recent zero and span response a s the preanalysis values.

(7) Collect background HC, CO, CO 2 , and NO X in a sample bag (for dilute exhaust sampling only, see Part IV, section 22).85

(8) Perform a post-analysis zero and span check for each range used at the conditions specified in paragraph (d)(1) of this se ction. Record these responses as the post-analysis values.

(9) Neither the zero drift nor the span drift betwe en the preanalysis and postanalysis checks on any range used may exceed three percent for HC, or two percent for NO X , CO, and CO 2 , of full scale chart deflection, or the test is vo id. (If the HC drift is greater than three percent of full- scale chart deflection, hydrocarbon hang-up is likely.)

(10) Determine background levels of NO X , CO, or CO 2 (for dilute exhaust sampling only) by the grab (“bag”) technique outlin ed in paragraph (c) of this

section.

(e) Hydrocarbon hang-up. If HC hang-up is indicate d, the following sequence may be performed:

(1) Fill a clean sample bag with background air.

(2) Zero and span the HFID at the analyzer ports.

(3) Analyze the background air sample bag through t he analyzer ports.

(4) Analyze the background air through the entire s ample probe system.

(5) If the difference between the readings obtained is two ppm or more, clean the sample probe and the sample line.

(6) Reassemble the sample system, heat to specified temperature, and repeat the procedure in paragraphs (e)(1) through (e)(5) o f this section.

79. Raw Gaseous Exhaust Sampling and Analytical Sys tem Description.

(a) Schematic drawing. An example of a sampling an d analytical system which may be used for testing under this Part is shown in Figure 4 in Appendix A of this Part. All components or parts of components that are wetted b y the sample or corrosive calibration gases shall be either chemically cleane d stainless steel or inert material (e.g., polytetrafluoroethylene resin). The use of “gauge savers” or “protectors” with nonreactive diaphragms to reduce dead volumes is pe rmitted.

(b) Sample probe.

(1) The sample probe shall be a straight, closed en d, stainless steel, multi-hole probe. The inside diameter shall not be greater than the i nside diameter of the sample line + 0.03 cm. The wall thickness of the probe shall n ot be greater than 0.10 cm. The86

fitting that attaches the probe to the exhaust pipe shall be as small as practical in order to minimize heat loss from the probe.

(2) The probe shall have a minimum of three holes. The spacing of the radial planes for each hole in the probe must be such that they cover approximately equal crosssectional areas of the exhaust duct. The angular s pacing of the holes must be approximately equal. The angular spacing of any tw o holes in one plane may not be 180 deg. ± 20 deg. (i.e., section C-C of Figure 1 i n Appendix A of this Part). The holes should be sized such that each has approximately th e same flow. If only three holes are used, they may not all be in the same radial pl ane.

(3) The exhaust gas probe must be located in a posi tion which yields a well mixed, homogeneous sample of the engine exhaust. The prob e must extend radially through

the exhaust duct before where the exhaust mixes wit h the cooling water. The cooling water flow may be rerouted if necessary to obtain a n emission sample provided that the modification has no significant effect on the perfo rmance or emissions characteristics of the engine. The probe must pass through the approx imate center and must extend across at least 80 percent of the diameter of the d uct. The exact position of the probe may vary from engine family to engine family.

(c) Sample transfer line.

(1) The maximum inside diameter of the sample line shall not exceed 1.32 cm.

(2) If valve V2 in Figure 1 of Appendix B of Part I II is used, the sample probe must connect directly to valve V2 in Figure 1 of Ap pendix B of Part III. The location of optional valve V2 may not be greater th an 1.22 m from the exhaust

duct.

(3) The location of optional valve V16 in Figure 1 of Appendix B of Part III may not be greater than 61 cm from the sample pump. Th e leakage rate for this section on the pressure side of the sample pump may not exceed the leakage rate specification for the vacuum side of the pump.

(d) Venting. All vents including analyzer vents, b ypass flow, and pressure relief vents of regulators should be vented in such a manner to avo id endangering personnel in the

immediate area.

(e) Any variation from the specifications in this P art including performance specifications and emission detection methods may be used only wit h prior approval by the Executive

Officer.

(f) Additional components, such as instruments, val ves, solenoids, pumps, switches, and so forth, may be employed to provide additional information and coordinate the functions of the component systems.87

(g) The following requirements must be incorporated in each system used for raw testing under this Part.

(1) Take the sample for all components with one sam ple probe and split it internally to the different analyzers.

(2) Heat the sample transport system from the engin e exhaust pipe to the HC analyzer for the raw gas sampling method as indicat ed in Figure 1 in Appendix B

of Part III. The NO X

analyzer for the raw gas sampling method may be he ated as indicated in Figure 1 in Appendix B of Part III. T he HC analyzer and the NO X analyzer for the dilute sampling method may be heat ed as indicated in Figure 1 in Appendix B of Part III.

80. Raw Gaseous Sampling Procedures.

Fit all heated sampling lines with a heated filter to extract solid particles from the flow of gas required for analysis. The sample line for HC measurement must be heated. The sample line for CO, CO 2 , and NO X may be heated or unheated.

81. Intake Air Flow Measurement Specifications.

(a) If used, the engine intake air flow measurement method used must have a range large enough to accurately measure the air flow ove r the engine operating range during the test. Overall measurement accuracy must be ± t wo percent of full-scale value of the measurement device for all modes except the idle mo de. For the idle mode, the measurement accuracy shall be ± five percent or les s of the full-scale value. The

Executive Officer must be advised of the method use d before testing.

(b) When an engine system incorporates devices that affect the air flow measurement (such as air bleeds, air injection, pulsed air, and so forth) that result in understated
exhaust emission results, make corrections to the e xhaust emission results to account

for such effects.

82. Fuel Flow Measurement Specifications.

(a) Fuel flow measurement is required only for raw testing but is allowed for dilute testing.

(b) The fuel flow rate measurement instrument must have a minimum accuracy of ± two percent of full-scale flow rate for each meas urement range used.88

83. Data Evaluation for Gaseous Emissions.

For the evaluation of the gaseous emissions recordi ng, record the last two minutes of each mode and determine the average values for HC, CO, CO 2 , and NO X during each mode from the average concentration readings determ ined from the corresponding

calibration data.

84. Raw Emission Sampling Calculations.

(a) Derive the final test results through the steps described in this section.

(b) Air and fuel flow method. If both air and fuel flow mass rates are measured, the following equations are used to determine the weigh ted emission values for the test engine:

6 10 1 ) ( x WHX x M M

x G G W

exh HC

FUEL AIRD HC exh

+ =

6 10 1 ) ( 2 x K x WNO x M M

x G G W
H x

exh NO

FUEL AIRD NO

x + =

Where:

W HC = Mass rate of HC in exhaust [g/hr],

G AIRD = Intake air mass flow rate on dry basis [g/hr],

G FUEL = Fuel mass flow rate [g/hr],

6 10 1 ) ( x WCO x M M

x G G W

exh CO

FUEL AIRD CO + =

M HCexh = Molecular weight of hydrocarbons in the exhaust; see

the following equation:

α x M

exh HC 008

.1 01. 12 + =

Where:

α = Hydrocarbon/carbon atomic ratio of the fuel.

M exh = Molecular weight of the total exhaust; see the

following equation:89 +

− + + + + + = ) 1( 01. 18 10 016 .2

10 01. 46

10 1. 44

10 01. 28

10 2 2

6 2 2

2 6 K x WH x WNO x WCO x WCO x WHC x M M x

HC

exh exh

2 2 4 2 4

10 ) 1( 100 10 10 100

01. 28      

− − − − − − K x WH WNO WCO WCO WHC

x x

Where:

WHC = HC volume concentration in exhaust, ppmC wet

WCO = CO percent concentration in the exhaust, wet

DCO = CO percent concentration in the exhaust, dry

WCO 2 = CO 2 percent concentration in the exhaust, wet

DCO 2 = CO 2 percent concentration in the exhaust, dry

WNO X = NO volume concentration in exhaust, ppm wet

WH 2 = H 2 percent concentration in exhaust, wet

K = correction factor to be used when converting dr y

measurements to a wet basis. Therefore, wet concentration = dry concentration x K, where K is:

2 2 01.0 ) ( 005 .0 1 1

DH x x DCO DCO x

− + + α

DH 2 = H2 percent concentration in exhaust, dry, calcul ated

from the following equation:

) 3( ) ( 5.0

2 2

2 DCO

x DCO DCO

DCO x DCO x x DH

+ +

= α

W CO = Mass rate of CO in exhaust, [g/hr]

M CO = Molecular weight of CO = 28.01

W NOx = Mass rate of NO X in exhaust, [g/hr]

M NO2 = Molecular weight of NO 2 = 46.0190 K H = Factor for correcting the effects of humidity on NO 2

formation for four-stroke gasoline engines; see the equation below:

)

71. 10 ( 0329 .0 1 1

− − = H

x K
H

Where:

H = specific humidity of the intake air in grams of moisture

per kilogram of dry air.

For two-stroke gasoline engines, K H should be set to 1.

(c) Fuel flow method. The following equations are to be used when fuel flow is selected as the basis for mass emission calculations using t he raw gas method.

4 10 WHC

x TC G W FUEL

HC =

WCO

x TC G

x M M W FUEL

F CO

CO =

H x FUEL

F NO

NO K x WNO

x TC G

x M M W x

x 10 4 =

Where:

W HC = Mass rate of HC in exhaust, [g/hr]

M F = Molecular weight of test fuel; see following equa tion:

α 008 .1 01. 12 x M
F + =

G FUEL = Fuel mass flowrate, [g/hr]

TC = Total carbon; see following equation:

4 2 10 WHC WCO WCO TC +

+ =

WHC = HC volume concentration in exhaust, ppmC wet91 WCO = CO percent concentration in the exhaust, wet

DCO = CO percent concentration in the exhaust, dry

WCO 2 = CO 2 percent concentration in the exhaust, wet

DCO 2 = CO 2 percent concentration in the exhaust, dry

WNO
x = NO volume concentration in exhaust, ppm wet

WH 2 = H 2 percent concentration in exhaust, wet

K = correction factor to be used when converting dr y

measurements to a wet basis. Therefore, wet concentration = dry concentration x K, where K is:

2 2 01.0 ) ( 005 .0 1 1

DH x x DCO DCO x K

−

+ + = α

DH 2 = H 2 percent concentration in exhaust, dry, calculated

from the following equation:

) 3( ) ( 5.0

2 2

2 DCO

x DCO DCO

DCO x DCO x x DH

+ +

= α

W CO = Mass rate of CO in exhaust, [g/hr]

M CO = Molecular weight of CO = 28.01

W NOx = Mass rate of NO X in exhaust, [g/hr]

M NO2 = Molecular weight of NO 2 = 46.01

K H = Factor for correcting the effects of humidity on NO 2

formation for four-stroke gasoline engines; see the equation below:

)

71. 10 ( 0329 .0 1 1

− − = H

x K
H

Where:

H = specific humidity of the intake air in grams of moisture

per kilogram of dry air.92 For two-stroke gasoline engines, KH should be set t o 1.

(d) The final reported emission test results must b e computed by using the following formula for each individual gas component:



## ∑ ∑

= ) ( ) (

i i i i

wm f

x P f x W Y

Where:

Y wm = Weighted mass emission level (HC, CO, NO
x ) for a

test [g/kW-hr].

W i = Average mass flow rate (W HC , W CO , W NOx ) of an

emission from the test engine during mode i, [g/hr]

.

f i = Weighting factors for each mode according to Part IV,

section 10(a).

P i = Average power measured during mode i, [kW],

calculated according to the formula given in Part I V, section 23(b). Power for the idle mode shall alway s be zero for this calculation.

(e) The final reported weighted brake-specific fuel consumption (WBSFC) shall be computed by use of the following formula:



## ∑ ∑

= ) ( ) (

i i i i f x P f x F WBSFC

Where:

WBSFC = Weighted brake-specific fuel consumption in grams of

fuel per kilowatt-hour (g/kW-hr).

F i = Fuel mass flow rate of the engine during mode i,

[g/hr].

f i = Weighting factors for each mode according to Part IV,

section 10(a).

P i = Average power measured during mode i, [kW],

calculated according to the formula given in Part I V, section 23(b). Power for the idle mode shall alway s be zero for this calculation.93

85. CVS Concept of Exhaust Gas Sampling System.

(a) A dilute exhaust sampling system is designed to directly measure the true mass of emissions in engine exhaust without the necessity o f measuring either fuel flow or intake air flow. This is accomplished by diluting the exhaust produced by an engine under test with ambient background air and measurin g the total diluted exhaust flow

rate and the concentration of emissions within the dilute flow. Total mass flow of an emission is then easily calculated.

(b) A constant volume sampler (CVS) is typically us ed to control the total amount of dilute flow through the system. As the name implie s, a CVS restricts flow to a known value dependent only on the dilute exhaust temperat ure and pressure.

(c) For the testing described in this Part, a CVS m ust consist of: A mixing tunnel into which the engine exhaust and dilutant (background) air are dumped; a dilute exhaust flow metering system; a dilute exhaust sample port; a background sample port; a dilute exhaust sampling system; and a background sampling system.

(1) Mixing tunnel. The mixing tunnel must be const ructed such that complete mixing of the engine exhaust and background air is assured before the sampling probe.

(2) Exhaust flow metering system. A dilute exhaust flow metering system must

be used to control the total flow rate of the dilut e engine exhaust as described in Part IV, section 21.

(3) Exhaust sample port. A dilute exhaust sample p ort must be located in or downstream of the mixing tunnel at a point where co mplete mixing of the engine exhaust and background air is assured.

(4) Background sample port. A dilute background sa mple port must be located in the stream of background air before it is mixed wit h the engine exhaust. The background probe must draw a representative sample of the background air during each sampling mode.

(5) Exhaust sampling system. The dilute exhaust sa mpling system controls the flow of samples from the mixing tunnel to the analy zer system. This could be either a continuous sampling system or grab (bag) s ampling system. If a critical flow venturi (CFV) is used on the dilute exhaust sa mple probe, this system must assure that the sample CFV is in choke flow during testing. If no CFV is used, this system must assure a constant volumetric flow rate through the dilute exhaust sample probe or must incorporate electronic flow compensation.

(6) Background sampling system. The background sam pling system controls the flow of samples from the background air supply to t he analyzer system. This94

could be either a continuous sampling system or gra b (bag) sampling system. This system must assure a constant volumetric flow rate through the background sample probe.

86. Dilute Gaseous Exhaust Sampling and Analytical System Description.

(a) General. The exhaust gas sampling system descr ibed in this section is designed to measure the true mass emissions of engine exhaust. This system utilizes the Constant volume Sampling (CVS) concept (described in Part IV , section 20) of measuring mass emissions of HC, NO
x , CO, and CO 2 . Grab sampling for individual modes is an acceptable method of dilute testing for all constit uents, HC, NO
x , CO, and CO 2

. Continuous dilute sampling is not required for any of the exhaust constituents, but is allowable for all. Heated sampling is not required for any of the constituents, but is

allowable for HC and NO
x . The mass of gaseous emissions is determined from the sample concentration and total flow over the test p eriod. As an option, the measurement of total fuel mass consumed over a cycl e may be substituted for the

exhaust measurement of CO 2 . General requirements are as follows:

(1) This sampling system requires the use of a Posi tive Displacement PumpConstant Volume Sampler (PDP-CVS) system with a hea t exchanger, or a Critical Flow Venturi-Constant Volume Sampler (CFV- CVS) system with CVS sample probes and/or a heat exchanger or electronic flow compensation. Figure 2 in Appendix A of this Part is a schematic drawing of the PDP-CVS system. Figure 3 in Appendix A of this Part is a schematic drawing of the CFV-CVS
system.

(2) The HC analytical system requires:

(i) (A) Grab sampling (see Part IV, section 20, and Figure 2 or Figure 3 in Appendix A of this Part) and analytical capabilitie s (see Part IV, section 23, and Figure 4 in Appendix A of this Part), or

(ii) (B) Continuously integrated measurement of diluted HC meeting the minimum requirements and technical specifications contained in paragraph (b)(2) of this

section.

(iii) (C) The dilute HC analytical system for spark-ignition marine engines does not require a heated flame ionization detector (HFID).

(iv) (D) If used, the HFID sample must be taken directly fr om the diluted exhaust stream through a heated probe and integrated contin uously over the test cycle.

(v) (E) The heated probe must be located in the sampling s ystem far enough downstream of the mixing area to ensure a uniform s ample distribution across the CVS duct at the sampling zone.95

(3) The CO and CO 2 analytical system requires:

(i) (A) Grab sampling (see Part IV, section 20, and Figure 2 or Figure 3 in Appendix A of this Part) and analytical capabilitie s (see Part IV, section 23, and Figure 4 in Appendix A of this Part), or

(ii) (B) Continuously integrated measurement of diluted CO and CO 2 meeting the minimum requirements and technical specifications c ontained in paragraph (b)(4)

of this section.

(4) The NO
x

analytical system requires:

(i) (A) Grab sampling (see Part IV, section 20, and Figure 2 or Figure 3 in Appendix A of this Part) and analytical capabilitie s (see Part IV, section 23, and Figure 4 in Appendix A of this Part), or

(ii) (B) A continuously integrated measurement of diluted N O
x meeting the minimum requirements and technical specifications c ontained in paragraph (b)(4)

of this section.

(5) Since various configurations can produce equiva lent results, exact conformance with these drawings is not required. A dditional components such as instruments, valves, solenoids, pumps, and switc hes may be used to provide

additional information and coordinate the functions of the component systems. Other components, such as snubbers, which are not n eeded to maintain accuracy on some systems, may be excluded if their exclusion is based upon good engineering judgment.

(6) Other sampling and/or analytical systems may be used if shown to yield equivalent results and if approved in advance by th e Executive Officer.

(b) Component description. The components necessar y for exhaust sampling must meet the following requirements:

(1) Exhaust dilution system. The PDP-CVS must conf orm to all of the requirements listed for the exhaust gas PDP-CVS in Part IV, section 20 of this chapter. The CFV-CVS must conform to all of the re quirements listed for the exhaust gas CFV-CVS in Part IV, section 20. In add ition, the CVS must conform to the following requirements:

(i) (A) The flow capacity of the CVS must be sufficient to maintain the diluted exhaust stream in the dilution system at a temperat ure of 190 degrees Celsius or less at the sampling zone for hydrocarbon measureme nt and as required to prevent condensation at any point in the dilution s ystem. Gaseous emission samples may be taken directly from this sampling po int.96

(ii) (B) For the CFV-CVS, either a heat exchanger or electr onic flow compensation is required (see Figure 3 in Appendix A of this Par t).

(iii) (C) For the CFV-CVS when a heat exchanger is used, the gas mixture temperature, measured at a point immediately ahead of the critical flow venturi, must be within ± 11 degrees Celsius of the average operating temperature observed during the test with the simultaneous requ irement that condensation does not occur. The temperature measuring system ( sensors and readout) must have an accuracy and precision of ± 2 degrees Celsi us. For systems utilizing a flow compensator to maintain proportional flow, the requirement for maintaining constant temperature is not necessary.

(2) Continuous HC measurement system.

(i) (A) The continuous HC sample system (as shown in Figur e 2 or 3 in Appendix A of this Part) uses an “overflow” zero and span sy stem. In this type of system, excess zero or span gas spills out of the probe whe n zero and span checks of the analyzer are made.

(ii) (B) No other analyzers may draw a sample from the cont inuous HC sample probe, line, or system, unless a common sample pump is used for all analyzers and the sample line system design reflects good eng ineering practice.

(iii) (C) The overflow gas flow rates into the sample line m ust be at least 105 percent of the sample system flow rate.

(iv) (D) The overflow gases must enter the sample line as c lose as practical to the outside surface of the CVS duct or dilution system.

(v) (E) The continuous HC sampling system consists of a pr obe (which for a HFID analyzer must raise the sample to the specified tem perature) and, where used, a sample transfer system (which for a HFID must maint ain the specified temperature). The HFID continuous hydrocarbon samp ling system (exclusive of the probe) must:

(A) (i) Maintain a wall temperature of 190 degrees Celsius ± 11 degrees Celsius as measured at every separately controlled heated component (that is, filters, heated line sections), using per manent thermocouples located at each of the separate components.

(B) (ii) Have a wall temperature of 190 degrees Celsius ± 1 1 degrees Celsius over its entire length. The temperature of the system is demonstrated by profiling the thermal characteristi cs of the system where possible at initial installation and after any majo r maintenance performed on the system. The profiling is to be accomplished using the insertion thermocouple probing technique. The system tempera ture must be97 monitored continuously during testing at the locati ons and temperature described in Part IV, section 21(b)(2).

(C) (iii) Maintain a gas temperature of 190 degrees Celsius ± 11 degrees Celsius immediately before the heated filter and HF ID. Determine these gas temperatures by a temperature sensor located im mediately upstream of each component.

(vi) (F) The continuous hydrocarbon sampling probe:

(A) (i) Is defined as the first 25.4 to 76.2 cm of the con tinuous hydrocarbon sampling system.

(B) (ii) Has a 0.483 cm minimum inside diameter.

(C) (iii) Is installed in the dilution system at a point whe re the dilution air and exhaust are well mixed and provide a homogenous mixture.

(D) (iv) Is sufficiently distant (radially) from other prob es and the system wall so as to be free from the influence of any wak es or eddies.

(E) (v) For a continuous HFID sample probe, the probe must increase the gas stream temperature to 190 degrees Celsius ± 11 degrees Celsius at the exit of the probe. Demonstrate the ability of the probe to accomplish this using the insertion thermocouple technique at initial installation and after any major maintenance. Demonstrate complianc e with the temperature specification by continuously recording during each test the temperature of either the gas stream or the wall of the sample probe at its

terminus.

(vii) (G) The response time of the continuous measurement sy stem must be taken into account when logging test data.

(3) Sample mixing.

(i) (A) Configure the dilution system to ensure a well mix ed, homogeneous sample before the sampling probe(s).

(ii) (B) Make the temperature of the diluted exhaust stream inside the dilution system sufficient to prevent water condensation.

(iii) (C) Direct the engine exhaust downstream at the point where it is introduced into the dilution system.98

(4) Continuously integrated NO
x , CO, and CO 2 measurement systems.

(i) (A) Sample probe requirements:

(A) (i) The sample probe for continuously integrated NO
x , CO, and CO 2 must be in the same plane as the continuous HC prob e, but sufficiently distant (radially) from other probes and the tunnel wall so as to be free from the influences of any wakes or eddies.

(B) (ii) The sample probe for continuously integrated NO
x , CO, and CO 2 must be heated and insulated over the entire length , to prevent water condensation, to a minimum temperature of 55 degree s Celsius. Sample gas temperature immediately before the first filter in the system must be at least 55 degrees Celsius.

(ii) (B) Conform to the continuous NO
x , CO, or CO 2 sampling and analysis system to the specifications of Part III with the followin g exceptions and revisions:

(A) (i) Heat the system components requiring heating only to prevent water condensation, the minimum component temperature is 55 degrees

Celsius.

(B) (ii) Coordinate analysis system response time with CVS flow fluctuations and sampling time/test cycle offsets, if necessary.

(C) (iii) Use only analytical gases conforming to the specif ications of Part III, section 12 for calibration, zero and span chec ks.

(D) (iv) Use a calibration curve conforming to Part III, se ction 21 for CO

and CO 2 and Part III, section 18 for NO
x for any range on a linear analyzer below 155 ppm.

(iii) (C) Convert the chart deflections or voltage output of analyzers with non-linear calibration curves to concentration values by the c alibration curve(s) specified in Part III section 21 before flow correction (if used ) and subsequent integration takes place.

87. [Reserved].

88. Exhaust Gas Analytical System; CVS Grab Sample.

(a) Schematic drawings. Figure 4 in Appendix A of this Part is a schematic drawing of the exhaust gas analytical system used for analyzin g CVS grab “bag” samples from spark-ignition engines. Since various configuratio ns can produce accurate results, exact conformance with the drawing is not required. Additional components such as instruments, valves, solenoids, pumps and switches may be used to provide additional99

information and coordinate the functions of the com ponent systems. Other components
such as snubbers, which are not needed to maintain accuracy in some systems, may be excluded if their exclusion is based on good engine ering judgment.

(b) Major component description. The analytical sy stem, Figure 4 in Appendix A of this Part, consists of a flame ionization detector (FID) or a heated flame ionization detector (HFID) for the measurement of hydrocarbons, nondisp ersive infrared analyzers (NDIR)

for the measurement of carbon monoxide and carbon d ioxide, and a chemiluminescence detector (CLD) (or heated CLD (HC LD)) for the measurement of oxides of nitrogen. The exhaust gas analytical sys tem shall conform to the following requirements:

(1) The CLD (or HCLD) requires that the nitrogen di oxide present in the sample be converted to nitric oxide before analysis. Othe r types of analyzers may be used if shown to yield equivalent results and if ap proved in advance by the

Executive Officer.

(2) If CO instruments are used which are essentiall y free of CO 2 and water vapor interference, the use of the conditioning column ma y be deleted. (See Part III, sections 17 and 20.)

(3) A CO instrument will be considered to be essent ially free of CO 2 and water vapor interference if its response to a mixture of three percent CO 2 in N 2 , which has been bubbled through water at room temperature, produces an equivalent CO response, as measured on the most sensitive CO r ange, which is less than one percent of full scale CO concentration on range s above 300 ppm full scale or less than 3 ppm on ranges below 300 ppm full scale. (See Part III, section 17.)

(c) Alternate analytical systems. Analysis systems meeting the specifications and requirements of this Part for dilute sampling may b e used upon approval of the

Executive Officer.

(d) Other analyzers and equipment. Other types of analyzers and equipment may be used if shown to yield equivalent results and if ap proved in advance by the Executive

Officer.

89. Dilute Sampling Procedure – CVS Calibration.

(a) The CVS is calibrated using an accurate flowmet er and restrictor valve.

(1) The flowmeter calibration shall be traceable to the National Institute for Standards and Testing (NIST), and will serve as the reference value (NIST “true” value) for the CVS calibration. (Note: In no case s hould an upstream screen or

other restriction which can affect the flow be used ahead of the flowmeter unless calibrated throughout the flow range with such a de vice.)100

(2) The CVS calibration procedures are designed for use of a “metering venturi” type flowmeter. Large radius or American Society o f Mechanical Engineers (ASME) flow nozzles are considered equivalent if tr aceable to NIST measurements. Other measurement systems may be use d if shown to be equivalent under the test conditions in this sectio n and traceable to NIST

measurements.

(3) Measurements of the various flowmeter parameter s are recorded and related to flow through the CVS.

(4) Procedures used by ARB for both PDP-CVS and CFV -CVS are outlined below. Other procedures yielding equivalent result s may be used if approved in advance by the Executive Officer.

(b) After the calibration curve has been obtained, verification of the entire system may be performed by injecting a known mass of gas into the system and comparing the mass indicated by the system to the true mass injec ted. An indicated error does not necessarily mean that the calibration is wrong, sin ce other factors can influence the accuracy of the system (e.g., analyzer calibration, leaks, or HC hangup). A verification procedure is found in paragraph (e) of this section

.

(c) PDP-CVS calibration.

(1) The following calibration procedure outlines th e equipment, the test configuration, and the various parameters which mus t be measured to establish the flow rate of the CVS pump.

(i) (A) All the parameters related to the pump are simulta neously measured with the parameters related to a flowmeter which is conn ected in series with the

pump.

(ii) (B) The calculated flow rate, in cm 3 /s, (at pump inlet absolute pressure and temperature) can then be plotted versus a correlati on function which is the value of a specific combination of pump parameters.

(iii) (C) The linear equation which relates the pump flow an d the correlation

function is then determined.

(iv) (D) In the event that a CVS has a multiple speed drive , a calibration for each range used must be performed.

(2) This calibration procedure is based on the meas urement of the absolute values of the pump and flowmeter parameters that re late the flow rate at each point. Two conditions must be maintained to assure the accuracy and integrity of

the calibration curve:101

(i) (A) The temperature stability must be maintained durin g calibration. (Flowmeters are sensitive to inlet temperature osci llations; this can cause the data points to be scattered. Gradual changes in te mperature are acceptable as long as they occur over a period of several minutes .)

(ii) (B) All connections and ducting between the flowmeter and the CVS pump must be absolutely void of leakage.

(3)During an exhaust emission test the measurement of these same pump parameters enables the user to calculate the flow r ate from the calibration equation.

(4) Connect a system as shown in Figure 5 in Append ix A of this Part. Although particular types of equipment are shown, other conf igurations that yield equivalent results may be used if approved in advan ce by the Executive Officer. For the system indicated, the following measurement s and accuracies are required:

Parameter Symbol Units Sensor-readout

tolerances

Barometric pressure (corrected) P B kPa ± 0.34 kPa

Ambient temperature T EI °C ± 0.28 °C

Air temperature into metering venturi T EI °C ± 1.11 °C

Pressure drop between inlet & throat of venturi P ED kPa ± 0.012 kPa

Air flow Q S M 3 /min. ± 0.5 % of NIST value

Air temperature at CVS pump inlet P TI °C ± 1.11 °C

Pressure depression at CVS pump inlet P PI kPa ± 0.055 kPa

Pressure head at CVS pump outlet P PO kPa ± 0.055 kPa

Air temperature at CVS pump outlet (optional) P YO °C ± 1.11 °C

Pump revolutions during test period N Revs ± 1 Rev.

Elapsed time for test period t seconds ± 0.5 second s

(5) After the system has been connected as shown in Figure 5 of Appendix A of this Part, set the variable restrictor in the wide open position and run the CVS pump for 20 minutes. Record the calibration data.

(6) Reset the restrictor valve to a more restricted condition in an increment of pump inlet depression that will yield a minimum of six data points for the total102

calibration. Allow the system to stabilize for 3 m inutes and repeat the data acquisition.

(7) Data analysis:

(i) (A) The air flow rate, Qs, at each test point is calcu lated in standard cubic feet per minute 20 degrees Celsius, 101.3 kilopascals fr om the flowmeter data using the manufacturer's prescribed method.

(ii) (B) The air flow rate is then converted to pump flow, V O , in cubic meter per revolution at absolute pump inlet temperature and p ressure:

P p S

O P kPa

x T

x

n Q V 3.

101

293 =

Where:

V O = Pump flow, m 3 /rev at T P , P P

.

Q S = Meter air flow rate in standard cubic meters per

minute, standard conditions are 20o Celsius, 101.3

kPa.

n = Pump speed in revolutions per minute.

T P = Pump inlet temperature in Kelvin, = P TI +273o K.

P P = Absolute pump inlet pressure, kPa = Pp-P PI

.

Where:

P P = barometric pressure, kPa.

P PI = Pump inlet depression, kPa.

(iii) (C) The correlation function at each test point is the n calculated from the

calibration data:

        ∆

=

E O P

P

n X 1

Where:

X O = correlation function.103 ∆ P = The pressure differential from pump inlet to pu mp

outlet = P E -P P , kPa.

P E = Absolute pump outlet pressure = P B +P PO , kPa.

Where:

P PO = Pressure head at pump outlet, kPa, (inches fluid)

.

(iv) (D) A linear least squares fit is performed to generat e the calibration equation

which has the form:

) ( O O O X M D V

− =

D O and M are the intercept and slope constants, respe ctively, describing the regression line.

(8) A CVS system that has multiple speeds should be calibrated on each speed used. The calibration curves generated for the ran ges will be approximately parallel and the intercept values, D O , will increase as the pump flow range

decreases.

(9) If the calibration has been performed carefully , the calculated values from the equation will be within ± 0.50 percent of the measu red value of V O . Values of M will vary from one pump to another, but values of D O for pumps of the same make, model and range should agree within ± three p ercent of each other. Calibrations should be performed at pump start-up a nd after major maintenance to assure the stability of the pump slip rate. Ana lysis of mass injection data will also reflect pump slip stability.

(d) CFV-CVS calibration.

(1) Calibration of the CFV is based upon the flow e quation for a critical venturi.

(i) (A) Gas flow is a function of inlet pressure and tempe rature:

K V

S T P K Q =

Where:

Q S = flow rate [m 3 /min].

K V = calibration coefficient.

P = absolute pressure [kilopascals].104 T K = absolute temperature [degrees Kelvin].

(ii) (B) The calibration procedure described in paragraph ( d)(3) of this section

establishes the value of the calibration coefficien t at measured values of pressure, temperature and air flow.

(2) The manufacturer's recommended procedure shall be followed for calibrating electronic portions of the CFV.

(3) Measurements necessary for flow calibration are as follows:

Parameter Symbol Units Tolerances

Barometric pressure (corrected) P B kPa ± 0.34 kPa

Air temperature into flowmeter T EI °C ± 0.28 °C

Pressure drop between inlet &

outlet of venturi P ED kPa ± 0.012 kPa

Air flow Q S m 3 /min. ± 0.5 percent of

NIST value

CVS inlet depression P PI kPa ± 0.055 kPa

Pressure head at CVS pump outlet P PO kPa ± 0.055 kPa

Temperature at venturi inlet T V °C ± 2.22 °C

(4) Set up equipment as shown in Figure 6 of Append ix A of this Part and eliminate leaks. (Leaks between the flow measuring devices and the critical flow venturi will seriously affect the accuracy of the c alibration.)

(5) Set the variable flow restrictor to the open po sition, start the blower, and allow the system to stabilize. Record data from all inst ruments.

(6) Vary the flow restrictor and make at least eigh t readings across the critical flow range of the venturi.

(7) Data analysis. The data recorded during the ca libration are to be used in the following calculations:

(i) (A) The air flow rate (designated as Qs) at each test point is calculated in standard cubic feet per minute from the flow meter data using the manufacturer's prescribed method.105

(ii) (B) Calculate values of the calibration coefficient fo r each test point:

V V S

V P T Q K =

Q S = Flow rate in standard cubic meter per minute, at the

standard conditions of 20o C, 101.3 kPa.

T V = Temperature at venturi inlet, degrees Kelvin.

P V = Pressure at venturi inlet = P B - P PI , kPa

Where:

P PI = Venturi inlet pressure depression, kPa.

(iii) (C) Plot K V as a function of venturi inlet pressure. For chok ed flow, K V will have a relatively constant value. As pressure decr eases (vacuum increases), the

venturi becomes unchoked and K V decreases. (See Figure 7 in Appendix A of this Part.)

(iv) (D) For a minimum of eight points in the critical regi on calculate an average

K V and the standard deviation.

(v) (E) If the standard deviation exceeds 0.3 percent of t he average K V , take

corrective action.

(e) CVS system verification. The following “gravim etric” technique can be used to verify that the CVS and analytical instruments can accurat ely measure a mass of gas that has been injected into the system. (Verification can al so be accomplished by constant flow metering using critical flow orifice devices.)

(1) Obtain a small cylinder that has been charged w ith 99.5 percent or greater propane or carbon monoxide gas.

(2) Determine a reference cylinder weight to the ne arest 0.01 grams.

(3) Operate the CVS in the normal manner and releas e a quantity of pure propane into the system during the sampling period (approximately five minutes).

(4) The calculations are performed in the normal wa y except in the case of propane. The density of propane (0.6109 kg/m 3 ) carbon atom is used in place of the density of exhaust hydrocarbons.

(5) The gravimetric mass is subtracted from the CVS measured mass and then divided by the gravimetric mass to determine the pe rcent accuracy of the system.106

(6) Good engineering practice requires that the cau se for any discrepancy greater than ± two percent must be found and correc ted.

90. CVS Calibration Frequency.

Calibrate the CVS positive displacement pump or cri tical flow venturi following initial installation, major maintenance or as necessary whe n indicated by the CVS system verification (described in Part IV, section 24(e)).

91. Dilute Emission Sampling Calculations.

(a) The final reported emission test results must b e computed by use of the following

formula:

Hi

i i i i

wm K

x WF x P WF x W A )

( ) ( 

## ∑ ∑

=

Where:

A wm = Weighted mass emission level (HC, CO, CO 2 , or NO
x )

for a test [g/kW-hr].

W i = Average mass flow rate of an emission from a test

engine during mode i [g/hr].

WF i = Weighting factor for each mode i as defined in Pa rt IV,

section 10(a).

P i = Gross average power generated during mode i [kW]

calculated from the following equation (power for t he idle mode shall always be zero for this calculation ):

torque x speed x P i 000

, 60 2 π

=

speed = average engine speed measured during mode i

[rev./minute]

torque = average engine torque measured during mode i [N-m]

K Hi = Humidity correction factor for mode i. This corr ection

factor only affects calculations for NO
x and is equal to

one for all other emissions. K Hi is also equal to one for all two-stroke engines.107

(b) The mass flow rate (Wi) of an emission for mode i is determined from the following equation:

        

      

− − =

i Bi Di i i DF

x C C x D x Q W 1 1

Where:

Q i = Volumetric flow rate of the dilute exhaust throug h the

CVS at standard conditions [m 3 /hr at STP].

D = Density of a specific emission (D HC , D CO , D CO2 , D NOx )

in the exhaust [g/m 3 ].

DF i = Dilution factor of the dilute exhaust during mode i.

C Di = Concentration of the emission (HC, CO, NO
x ) in the

dilute exhaust extracted from the CVS during mode i [ppm].

C Bi = Concentration of the emission (HC, CO, NO
x ) in the

background sample during mode i [ppm].

STP = Standard temperature and pressure. All volum etric

calculations made for the equations in this section are to be corrected to a standard temperature of 20 degrees Celsius and 101.3 kilopascals.

(c) Densities for emissions that are to be measured for this test procedure are:

D HC = 576.8 g/m 3

D NOx = 1912 g/m 3

D CO = 1164 g/m 3

D CO2 = 1829 g/m 3

(1) The value of D HC above is calculated based on the assumption that t he fuel used has a carbon to hydrogen ratio of 1:1.85. For other fuels, D HC can be calculated from the following formula:

STP HC

HC R M D =108

Where:

M HC = Molecular weight of the hydrocarbon molecule divi ded

by the number of carbon atoms in the molecule [g/mole].

R STP = Ideal gas constant for a gas at STP = 0.024065

[m 3 -mole].

(2) The idealized molecular weight of the exhaust h ydrocarbons, i.e., the molecular weight of the hydrocarbon molecule divide d by the number of carbon atoms in the molecule, M HC can be calculated from the following formula:

O H C HC M

M M M β

α + + =

Where:

M C = Molecular weight of carbon = 12.01 [g/mole].

M H = Molecular weight of hydrogen = 1.008 [g/mole].

α = Hydrogen to carbon ratio of the test fuel.

(3) The value of D NOx

above assumes that NO
x in entirely in the form of NO 2

.

(d) The dilution factor (DF) is the ratio of the vo lumetric flow rate of the background air to that of the raw engine exhaust. The following f ormula is used to determine DF:

2 4. 13

CO CO HC D

D D C C C DF

+

+ =

Where:

C D HC = Concentration of HC in the dilute sample [ppm].

C D CO = Concentration of CO in the dilute sample [ppm].

C D CO 2 = Concentration of CO 2 in the dilute sample [ppm].

(e) The humidity correction factor K H is an adjustment made to the measured NO
x . This corrects for the sensitivity that a spark-ignition engine has to the humidity of its combustion air. The following formula is used to d etermine K H for NO
x calculations:109 ) 71. 10 ( 0329 .0 1 1

− − = H K
H

Where:

H = Absolute humidity of the engine intake air [grams of

water per kilogram of dry air].

(f) The absolute humidity of the engine intake air H is calculated using the following

formula:

     

− =

100 211 .6

dew

B dew

P P P H

Where:

P dew = Saturated vapor pressure at the dew point

temperature [kilopascals].

P B = Barometric pressure [kilopascals].

(g) The fuel mass flow rate F i can be either measured or calculated using the fol lowing

formula:

T M F f

i =

Where:

M f = Mass of fuel consumed by the engine during the

mode [g].

T = Duration of the sampling period [hr].

(h) The mass of fuel consumed during the mode sampl ing period, M FUEL can be calculated from the following equation:

15. 273 2 x R G M S f =

Where:110 G S = Mass of carbon measured during the mode sampling

period [g].

R 2 = The fuel carbon weight fraction, which is the mas s of

carbon in fuel per mass of fuel [g/g].

(i) The grams of carbon measured during the mode G S can be calculated from the following equation:

mass 2 CO 273 .0 429 .0 008

. 1 011

. 12 011

. 12

+

+

+ =
mass mass S CO

HC x G

α

Where:

HC
mass = mass of hydrocarbon emissions for the mode

sampling period [g].

CO
mass = mass of carbon monoxide emissions for the mode

sampling period [g].

CO 2 mass = mass of carbon dioxide emissions for the mo de

sampling period [g].

α = The atomic hydrogen to carbon ratio of the fuel.

92. Catalyst Thermal Stress Resistance Evaluation.

(a) (1) The purpose of the evaluation procedure spe cified in this section is to determine the effect of thermal stress on catalyst conversion efficiency. The thermal stress is imposed on the test catalyst by e xposing it to quiescent heated

air in an oven. The evaluation of the effect of su ch stress on catalyst performance is based on the resultant degradation o f the efficiency with which the conversions of specific pollutants are promoted . The application of this evaluation procedure involves the several steps tha t are described in the following paragraphs.

(2) The engine manufacturer need not submit catalys t conversion efficiency data for pollutants that the catalyst being tested was n ot designed to reduce/oxidize. The engine manufacturer must specify the pollutants that the catalyst will be converting and submit catalyst conversion efficienc y data on only those pollutants.

(b) Determination of initial conversion efficiency.

(1) A synthetic exhaust gas mixture having the comp osition specified in section 29 is heated to a temperature of 450 degrees Celsiu s ± 5 degrees Celsius and111

passed through the new test catalyst or, optionally , a test catalyst that has been exposed to temperatures less than or equal to 500 d egrees Celsius for less than or equal to two hours, under flow conditions that a re representative of anticipated

in-use conditions.

(2) The concentration of each pollutant of interest , that is, hydrocarbons, carbon monoxide, or oxides of nitrogen, in the effluent of the catalyst is determined by means of the instrumentation that is specified for exhaust gas analysis in Part III.

(3) The conversion efficiency for each pollutant is determined by:

(i) (A) Subtracting the effluent concentration from the in itial concentration,

(ii) (B) Dividing this result by the initial concentration,

(iii) (C) Multiplying this result by 100 percent.

(c) Imposition of thermal stress.

(1) The catalyst is placed in an oven that has been pre-heated to 1000 degrees Celsius and the temperature of the air in the oven is maintained at 1000 degrees Celsius ± 10 degrees Celsius for six hours. Option ally, the catalyst may instead be placed in an oven having a 90% nitrogen/10% wate r vapor environment that has been pre-heated to at least 850 degrees Celsius and the temperature of the nitrogen/water vapor environment in the oven is mai ntained at 850 degrees Celsius ± 10 degrees Celsius for six hours.

(2) The catalyst is removed from the oven and allow ed to cool to room
temperature.

(d) Determination of final conversion efficiency. The steps listed in paragraph (b) of this section are repeated.

(e) Determination of conversion efficiency degradat ion.

(1) The final conversion efficiency determined in p aragraph (c) of this section is subtracted from the initial conversion efficiency d etermined in paragraph (b) of

this section.

(2) This result is divided by the initial conversio n efficiency.

(3) This result is multiplied by 100 percent.

(f) Determination of compliance with degradation li mit. The percent degradation determined in paragraph (e) of this section must no t be greater than 20 percent.A-112 Appendix A to Part IV – Figures.A-113A-114A-115A-116A-117A-118

# ATTACHMENT C

PROCEDURES FOR EXEMPTION OF ADD-ON AND MODIFIED PAR TS FOR

OFF-ROAD CATEGORIES

AC-1

### State of California

AIR RESOURCES BOARD

PROCEDURES FOR EXEMPTION OF ADD-ON AND MODIFIED PAR TS

FOR

OFF-ROAD CATEGORIES

Adopted: July 14, 2000

Amended: <Insert Date Here>

### 1 TABLE OF CONTENTS

I. APPLICABILITY ...................................

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

II. APPLICATION FOR EXEMPTION BY THE BOARD FROM THE PROHIBITIONS

OF SECTIONS 27156 AND 38391 OF THE CALIFORNIA VEHIC LE CODE OR13
CCR, SECTION 2472..................................

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

III. EMISSION TESTING REQUIRED BY THE EXECUTIVE OFF ICER ........................... 1 A. Vehicle/Engine/Equipment Selection ..............

................................................... ..... 1 B. Test Laboratory.................................

................................................... .................... 2 C. Additional or Alternate Testing .................

................................................... ........... 2 D. Categorization of Parts - Generic Categories....

................................................... .... 2 E. Number and Type of Test Vehicles/Engines/Equipme nt Required ......................... 3

IV. EVALUATION CRITERIA ............................

................................................... ................. 4

A. Basis of Emissions Evaluation...................

................................................... ........... 4 B. Resolution of Discrepancies .....................

................................................... ............ 4 C. Performance and Driveability ....................

................................................... ........... 5 D. Durability ......................................

................................................... ........................ 5 E. Specific Evaluation Criteria Parts Subject to Em ission Testing.............................. 5

V. OFF-ROAD CATEGORIES.............................

................................................... ................ 6

VI. TEST PROCEDURES AND STANDARDS ..................

................................................... . 7

A. Test Procedures.................................

................................................... .................... 7 B. Vehicle/Engine/Equipment Exhaust Emission Standa rds ....................................... 9

VII. ACTION ON THE APPLICATION .....................

................................................... .......... 10 A. Application Evaluation ..........................

................................................... ............. 10 B. Labeling Requirements ...........................

................................................... ............ 10

VIII. WARRANTY REQUIREMENTS........................

................................................... .......... 11

APPENDIX A: Exemption Application for General Parts

APPENDIX B: Emissions-Related Parts List

APPENDIX C: Exhaust Emission Standards and Test Pro cedures; Off-Road

Diesel Engines and Equipment (greater than or equal to 50 hp but less than 175 hp)

### 2 AIR RESOURCES BOARD

PROCEDURES FOR

EXEMPTION OF ADD-ON AND MODIFIED PARTS

FOR OFF-ROAD VEHICLES/ENGINES/EQUIPMENT

I. APPLICABILITY

These criteria apply to add-on or modified parts th at are emission related, as defined in Sections 1900 (b), (1) and (10), Chapter 3, Title 13, Califo rnia Code of Regulations (CCR). Examples of emission related parts for on-road vehicles are sho wn in Appendix B of these procedures. Such parts require an exemption from the prohibitions of Sections 27156 and 38391 of the California
Vehicle Code (VC) or 13 CCR, Section 2472 in order to be legally advertised, offered for sale,
sold, or installed in California. The Executive Of ficer shall grant an exemption from VC 27156 and VC 38391 or 13 CCR, Section 2472 for parts that satisfy the criteria specified in these procedures.

These procedures do not affect the provisions of Ti tle 13, CCR Sections 2403(g), 2412(g),
2423(e), and 2433(e).

II. APPLICATION FOR EXEMPTION BY THE BOARD FROM THE PROHIBITIONS

OF SECTIONS 27156 AND 38391 OF THE CALIFORNIA VEHI CLE CODE OR
13 CCR, SECTION 2472.

The manufacturer of an add-on or modified part shal l file an application for exemption for each generic category, as defined in Paragraph III.D of these procedures. The application shall be in writing, and must be signed by a person authorized to act on behalf of the manufacturer.

An applicant shall provide the information required in the application form in Appendix A of these procedures. In addition to the application, the Executive Officer shall require an applicant to submit other design or technical information, ph otographs, and a sample of the part, if the information submitted in the application does not p ermit a proper evaluation of the add-on or modified part. Upon request of an applicant, the E xecutive Officer shall return any sample part within 30 days after the exemption request is eithe r granted, denied, or withdrawn.

III. EMISSION TESTING REQUIRED BY THE EXECUTIVE OFF ICER

A. Vehicle/Engine/Equipment Selection

The Executive Officer shall require an applicant to conduct emission testing in accordance with Paragraphs IV.E.,V, and VI of these procedures unle ss the Executive Officer determines, based

### 3

upon a review of available information, that the pa rt for which an exemption is sought meets the standards and requirements set forth in these proce dures, and does not significantly affect emissions. Upon request by the applicant, the Execu tive Officer shall provide a list of test vehicles/engines/equipment, including alternates. When selecting test vehicles/engines/equipment, the Executive Officer s hall consider the worst case and/or the most popular configurations, as defined in Paragraph III .E.2 of these procedures. The number of vehicles/engines/equipment to be tested is specifie d in Paragraph III.E of this section.

Manufacturers are advised to consult with the Air R esources Board staff before conducting any testing in support of an exemption application.

B. Test Laboratory

The applicant shall have any required testing perfo rmed at a laboratory properly equipped to conduct such tests. The test vehicle(s)/engine(s)/ equipment shall be under the control of the laboratory for the entire test period and shall not be returned until the completion of the test period.

C. Additional or Alternate Testing

If the Executive Officer finds that the emission te sting specified in Paragraphs IV.E, V, and VI of these procedures is not adequate to characterize th e emissions performance or durability of an add-on or modified part, the Executive Officer shal l require alternate emission testing (including monitoring of toxic emissions or “off-cycle” testin g) and/or functional and bench testing. If the Executive Officer requires such additional or alter nate testing, the Executive Officer shall notify the applicant of the requirement prior to the start of any other required testing and shall provide the applicant with reasons or justification for imp osing the alternate or additional requirements. The Air Resources Board may conduct confirmatory te sts at the option of the Executive Officer. Confirmatory tests, if required, shall be performed by ARB within 30 days of the receipt of all data, materials, and vehicles necessary for conduct ing the tests. The results of ARB confirmatory tests shall be reported to the applicant within 20 days of completion of all ARB testing. The applicant shall be given the opportunity to observe the confirmatory tests. The confirmatory testing conducted by the Air Resources Board shall utilize the same procedure and test type as that used by the applicant.

D. Categorization of Parts - Generic Categories

Any add-on or modified part will be categorized acc ording to its “Generic Category”. For example, the term “intake manifold” shall define th e entire generic category for this part. Generic categories shall include:

Turbochargers Superchargers

Intercoolers

### 4

Carburetors Fuel Injection Systems

Intake Manifolds Ignition Systems (excluding Distributors) Ignition Distributors

Electronic Control Units

Camshafts Other Internal Engine Components Evaporative Control System Positive Crankcase Ventilation System Exhaust Gas Recirculation System Air Injection System

Fuel Filler Necks with Restrictions

Thermal Reactors Exhaust Systems

For other components which in any way can affect em issions, applicants should check with the Executive Officer for a determination of the approp riate breadth of the generic category.

E. Number and Type of Test Vehicles/Engines/Equipme nt Required

1) When required by the Executive Officer, add-on o r modified parts shall be emission tested using the test procedures specified in Parag raphs IV.E, V, and VI of these procedures, as applicable.

2) The required number and type of test vehicles/e ngines/equipment is the same for each test procedure specified in paragraphs IV.E, V, an d VI of these procedures. The test vehicle/engine/equipment types will be the "worst c ase" and/or "most popular" as determined by the Executive Officer. Selection of a "most popular" test vehicle/engine/equipment shall be based on the conf iguration with the highest projected sales volume of the add-on or modified part. Selec tion of a "worst case" test vehicle/engine/equipment shall be based on the engi ne displacement and vehicle/engine/equipment test weight which produce the greatest stress on the emission related components. When the Executive Officer fin ds that a "worst case" vehicle/engine/equipment cannot be obtained with a reasonable effort or cost to the applicant, one with the same engine displacement bu t different test weight may be

substituted. When the Executive Officer makes such a finding, the substitute vehicle/engine/equipment may be emission tested at the same test weight and road load horsepower as that of the "worst case" vehicle/engi ne/equipment. If the applicant elects to test the substitute vehicle/engine/equipment at a test weight less than that of the "worst
case", the Executive Officer shall restrict the exe mption for the add-on or modified part to vehicles/engines/equipment with the lower weight, u nless the Executive Officer

### 5

determines that the lower weight adequately represe nts the heavier vehicle/engine/equipment substituted for in all way s related to emissions. The number of vehicles/engines/equipment the applicant will be re quired to emission test depends on the application and is provided herein.

a) Universal Vehicle/Engine/Equipment Application T ype:

Refers to the generic categories in which the add-o n or modified part exemption application applies to the product line o f four or more vehicle/engine/equipment manufacturers. In such ca ses the applicant shall be required to emission test a maximum of four differe nt model vehicles, engines, or equipment for each application category.

b) Less Than Universal Vehicle/Engine/Equipment App lication Type:

Refers to the generic categories in which the add-o n or modified part exemption application applies to the product line o f two or three vehicle/engine/equipment manufacturers. In such ca ses the applicant shall be required to emission test a number of vehicles, eng ines, or equipment equal to or less than the number of applicable manufacturers for each application

category.

c) Single Manufacturer Vehicle/Engine/Equipment App lication Type:

Refers to the generic categories in which the add-o n or modified part exemption application only applies to one vehicle/e ngine/equipment manufacturer. In such cases the applicant may be r equired to emission test no more than one vehicle/engine/equipment for each app lication category.

IV. EVALUATION CRITERIA

A. Basis of Emissions Evaluation

The Executive Officer shall review the applicant's emission test data and the Air Resources Board test results, if any, to determine if the add -on or modified part increases emissions. In the
absence of certification emission test data, the Ex ecutive Officer shall use good engineering judgment and the results of any functional, emissio n test results from similar parts in making the determination regarding the effect of the add-on or modified part on emissions.

B. Resolution of Discrepancies

In the event of discrepancies between the Air Resou rces Board test results and the applicant's test results, the Executive Officer's evaluation may be based solely on the Air Resources Board test

### 6

results. The Executive Officer shall inform the ap plicant of any such discrepancies, and shall

endeavor to resolve the conflict between the test r esults. If the conflict cannot be resolved, the Executive Officer shall inform the applicant that t here are still discrepancies and that the Air

Resources Board test results will be used.

C. Performance and Driveability

The Executive Officer shall use good engineering ju dgment to evaluate the effects of the add-on or modified part on the vehicle's/engine’s/equipmen t’s driveability or performance. If the

Executive Officer determines that the add-on or mod ified part degrades a vehicle's/engine’s/equipment’s driveability or perf ormance such that owners may be encouraged to adjust the engine settings or tamper with requir ed emission control systems to improve driveability or performance, the Executive Officer may find that the add-on or modified part will

increase emissions.

D. Durability

If the Executive Officer has reason to believe, on the basis of an engineering evaluation, that an add-on or modified part will adversely affect the d urability of the vehicle/engine/equipment emission control system, or that in the past the pa rt did not demonstrate durability equivalent to the part or system replaced or added to, the Execut ive Officer shall find that the modification will increase emissions. In such cases the applicant sh all be required to submit data in order to show that the vehicle/engine/equipment emission control system is not adversely affected, and/or that the add-on or modified part has demonstrated adequa te durability.

E. Specific Evaluation Criteria Parts Subject to Em ission Testing

When the Executive Officer requires an add-on or mo dified parts manufacturer to perform emission testing, the applicant shall demonstrate c ompliance with the requirements of these test procedures using the procedures contained herein.

1) Determination of Baseline Emissions

The applicant shall submit a list of vehicles/engin es/equipment for which the add-on or modified part may be applied to, before commencing testing. The ARB shall inform the applicant as to which vehicle/engine/equipment may need to be tested. An applicant may be required to test more than one vehicle/engine/eq uipment.

The applicant shall select a functional vehicle/eng ine/equipment. A functional vehicle/engine/equipment is one that complies with the original certification standard. The baseline emissions of the test vehicles/engines /equipment without the add-on or modified part (s) shall be determined using the app ropriate test procedures specified in paragraphs V and VI of these procedures.

### 7

2) Emissions Testing

Emissions testing performed pursuant to these test procedures shall be conducted by an exhaust emissions test laboratory.

V. OFF-ROAD CATEGORIES

Applicants shall utilize the appropriate test proce dure for their vehicle/engine/equipment category, as defined in this section.

The test vehicle/engine/equipment shall be operated for the appropriate break-in period, as specified in the applicable exhaust emissions test procedures before commencing testing. Break-in periods for each off-road category are spe cified in the test procedures referenced below.

The baseline emissions without the add-on or modif ied part shall be determined prior to testing, but after stabilization of the vehicle/engine/equip ment. Following the addition of the add-on or modified part, the test vehicle/engine/equipment sh all be tested to ensure that the original certification standards are met. For the purposes of these procedures, off-road vehicles/engines/equipment are categorized as follo ws:

A. Small Off-Road Engines

Small Off-Road Engines include all engines that pro duce, or are designed to produce, less than 25 horsepower (hp), manufactured on or after Januar y 1, 1995, and used in off-road mobile applications, with the exceptions of off-road motor cycles, all-terrain vehicles, marine vessels, snowmobiles, model airplanes, model cars, or model boats.

B. Off-Road Diesel Engines and Equipment

The heavy-duty off-road diesel cycle engine and equ ipment category consists of off-road dieselcycle engines that are:

(1) greater than or equal to 50 hp and less than 100 hp manufactured on or after January
1, 1998, and certified to meet the federal emission standards and certification provisions;

(2) greater than or equal to 100 hp and less tha n 175 hp manufactured on or after January 1, 1997, and certified to meet the federal emission standards and certification provisions; and

(3) diesel cycle and alternative fueled diesel cycle engines equal to 175 hp and above for off-road engines produced on or after January 1 , 1996, and certified to meet California’s exhaust emission standards and test pr ocedures. This last category includes

### 8

engines used in farm and construction equipment, as well as mining, forestry, and industrial equipment.

C. Off-Highway Recreational Vehicles and Engines

The off-highway recreational vehicle category inclu des new off-highway recreational vehicles and engines in such vehicles, produced on or after January 1, 1997. This category includes offroad motorcycles, all-terrain vehicles, and golf ca rts. New golf carts used in areas that do not

meet the federal ozone standards will continue to h ave a zero-emission requirement.

D. Spark-Ignition Marine Engines

The spark-ignition marine engine category includes 2001 and subsequent model year outboard and personal watercraft engines used to propel marine watercraft, but not i ncluding 2003 and subsequent model year sterndrive/ or inboard engines less than or equal to 373 kw, and 2 009 and subsequent model year sterndrive/inboard engines gr eater than 373 kw

.

E. Off-Road Large Spark-Ignition Engines

The off-road large spark-ignition engine category i ncludes engines that produce, or are designed to produce 25 and greater horsepower, and that are produced on or after January 1, 2001. Such engines are typically used to power forklift trucks , sweepers, generators, industrial equipment and other miscellaneous applications.

VI. TEST PROCEDURES AND STANDARDS

A. Test Procedures

1) Test Procedures for Small Off-Road Engines

“California Exhaust Emission Standards and Test Pro cedures for 1995 and Later Small Off-Road Engines,” adopted March 20, 1992 and last amended March 23, 1999, which is incorporated by reference herein. (These procedures are also incorporated by reference by Title 13, California Code of Regulations (CCR) Sect ion 2403.)

2) Test Procedures for Off-Road Diesel Engines and Equipment

i) For 175 horsepower and greater:

“California Exhaust Emission Standards and Test Pro cedures for New 1996 and Later Heavy-Duty Off-Road Diesel Cycle Engines,”ado pted May 12, 1993, which is incorporated by reference herein, and “Californi a Smoke Test Procedures for

### 9 New 1996 and later Heavy-Duty Off-Road Diesel Cycle Engines,” adopted May 12, 1993, which is incorporated by reference herein . (These procedures are also incorporated by reference by 13, CCR Section 2423).

ii) For greater than or equal to 50 horsepower and less than 175 horsepower:

The exhaust emission standards and test procedures specified in Appendix C of these procedures, which is incorporated by referenc e herein.

3) Test Procedures for Off-Highway Recreational Veh icles and Engines

i) For new off-road motorcycles, all-terrain vehicl es, and golf carts:

“California Exhaust Emissions Standards and Test Pr ocedures for 1997 and Later Off-Highway Recreational Vehicles and En gines,” adopted
November 23, 1994, and as last amended October 22, 1999, which is incorporated by reference herein. (These procedur es are also incorporated by reference by Title 13, CCR Section 2412).

ii) For all-terrain vehicle engines

“California Exhaust Emission Standards and Tests Pr ocedures for 1995 and Later Small Off-Road Engines,” adopted March 20, 1992, an d last amended March 23,1999,which is incorporated by reference herein. (These procedures are also incorporated by reference by Title 13, CCR Section 2412).

4) Test Procedures for Spark-Ignition Marine Engine s

“California Exhaust Emission Standards and Test Pro cedures for 2001 and Later Spark- Ignition Marine Engines” adopted October 21, 1999, and last amended

<Insert Date Here> which is incorporated by reference herein. (These procedures are also incorporated by reference by Title 13, CCR Section 2442).

5) Test Procedures for Off-Road Large Spark-Ignitio n (LSI) Engines

i) For new off-road LSI engines with engine displac ement greater than 1.0 liter

“California Exhaust Emission Standards and Test Pro cedures for New 2001 and Later Off-Road Large Spark-ignition Engines,” adopt ed September 1, 1999, which is incorporated by reference herein. (These proced ures are also incorporated by reference by Title 13, CCR Section 2433).

### 10 ii) For new off-road LSI engines with engine displa cement equal to or less than

1.0 liter

“California Exhaust Emission Standards and Test Pro cedures for 1995 and Later Small Off-Road Engines,” as last amended March 23, 1999, which is incorporated by reference herein. (These procedures are also in corporated by reference by Title
13, CCR Section 2433).

6) Alternative Test Plan

An applicant may use an alternative test procedure subject to prior approval by the Executive Officer. An applicant requesting the use of an alt ernative test procedure must fully describe the proposed test procedure and submit information that demonstrates the proposed procedure will yield results equivalent to those generated by the applicable standard test procedures.

The Executive Officer may reject data generated und er alternative test procedures which do not correlate with data generated under the specified p rocedures.

B. Vehicle/Engine/Equipment Exhaust Emission Standa rds

1) 2000 and later model-year small off-road engines

To demonstrate compliance with the applicable emiss ion standards, each emission test result shall be adjusted by the application of the certification deterioration factor provided in the original engine manufacturer's certification application for the model and model year of the test engine. The deteriorated emission test results shall be in compliance with these procedures only if they are equal to or less than the California new engine exhaust emission standards. The applicant shall be permitt ed one retest if the initial emission test results fail to demonstrate compliance with these p rocedures. The results of the initial test and the retest will be averaged, and the avera ged result must comply with the standards set for the single test in order to demon strate compliance.

2) All other off-road categories:

The add-on or modified part manufacturer shall demo nstrate compliance with these procedures by showing that the exhaust emissions fr om the test vehicle/engine/equipment with the add-on or modified part installed are in c ompliance with the applicable exhaust

### 11

emission standards for the class and model year of the test vehicle/engine/equipment.

3) Vehicles/Engines/Equipment certified under optio nal averaging banking, and trading provisions

For purposes of these procedures the applicable emi ssion standards for vehicles/engines/equipment certified under optional averaging, banking, and trading provisions shall be the family emission limit (FEL) that the vehicle/engine/equipment is

certified to.

VII. ACTION ON THE APPLICATION

A. Application Evaluation

The Air Resources Board staff will initially evalua te the application, the test data, and any other pertinent information concerning the add-on or modi fied part. On the basis of the information provided by the applicant and/or the Air Resources Board test results, the staff will make a

recommendation to the Executive Officer. If the Ex ecutive Officer determines that an add-on or modified part will not reduce the effectiveness of the emission control system or result in emissions that exceed the applicable emission stand ards for each vehicle/engine/equipment, he or she shall issue an Executive Order exempting the ad d-on or modified part from the prohibitions
of VC Sections 27156 and 38391 or 13 CCR, Section 2 472. This Executive Order may restrict the installation of the add-on or modified parts ce rtified by engineering evaluation to certain makes, model-years, or classes of vehicles/engines/ equipment. As a condition of exemption the applicant shall not use the Executive Order as an e ndorsement or approval by the Air Resources

Board.

The Executive Officer shall deny the applicant's ex emption request if the add-on or modified part

increases emissions more than allowed under the Eva luation Criteria of section VI of these procedures. If the Executive Officer denies the ap plicant's exemption request, the Executive Officer shall convey by letter notice of and the re asons for denial.

B. Labeling Requirements

The add-on or modified part manufacturer shall prov ide a product information label and complete instructions for its installation in a loc ation readily visible to the average person with each part or kit of parts sold. The product inform ation label shall contain, at a minimum, the product name as exempted, ARB executive order numbe r using the format "CARB D-O-XXX,"
manufacturer's name, and the manufacturer's address . The product information label shall be designed for a minimum life of five years.

### 12

If the installation of an add-on or modified part r equires the removal of any emission control component, re-routing of any vacuum hose, or change s to the vehicle manufacturer tune-up specifications, the add-on or modified part manufac turer must provide two identical product information labels. These product information labe ls shall, in addition to the information specified in the immediately preceding paragraph, p rovide a complete description of the required changes and the new tune-up specifications. One pro duct information label will be installed either on or near the add-on or modified part, in a location readily visible to the average person. The other product information label will be install ed adjacent to, but not covering, the vehicle/engine/equipment manufacturer’s Vehicle Emi ssion Control Information (tune-up) label or Important Engine Information Label.

The add-on or modified part manufacturer shall subm it a facsimile or prototype of the product

information label and the installation instructions with each application for exemption.

VIII. WARRANTY REQUIREMENTS

The manufacturer of an add-on or modified part will warrant to the ultimate purchaser and to each subsequent purchaser that the add-on or modifi ed part is designed and manufactured to conform with the applicable requirements of these P rocedures and is free from defects in materials and workmanship which may cause the add-o n or modified part to fail to conform with the applicable requirements of these Procedures or cause damage to any other part on the modified vehicle/engine/equipment.

This warranty shall cover customer service, and sha ll cover the full repair and replacement costs including the costs of diagnosis, labor, and parts (including any part on the modified vehicle/engine/equipment that is damaged due to a d efect in the add-on or modified part).