State of California 

AIR RESOURCES BOARD 

STAFF REPORT: INITIAL STATEMENT OF REASONS FOR 

RULEMAKING

PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CURRENT 

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 California Air Resources Board and 

approved for publication. Approval does not signify 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 recommendation for use. 
i 

TABLE OF CONTENTS 

EXECUTIVE SUMMARY .........................................................................................................................................1

1. INTRODUCTION..............................................................................................................................................3

2. BACKGROUND ................................................................................................................................................3

2.1. HISTORY......................................................................................................................................................3

2.2. AUTHORITY.................................................................................................................................................5

2.3. EXISTING REGULATIONS .............................................................................................................................5

2.3.1. California’s Spark-Ignition Marine Regulations...................................................................................5

2.3.2. Federal Regulations...............................................................................................................................8

2.4. EMISSIONS INVENTORY ...............................................................................................................................8

2.5. PUBLIC PROCESS .......................................................................................................................................10

3. SUMMARY OF PROPOSED REGULATIONS...........................................................................................10

3.1. DEFINITIONS..............................................................................................................................................10

3.2. EMISSION STANDARDS ..............................................................................................................................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. CERTIFICATION REQUIREMENTS FOR HIGH PERFORMANCE ENGINES........................................................17

3.3.1. Portable Measurement Systems ...........................................................................................................17

3.3.2. Assigned Deterioration Factors...........................................................................................................17

3.4. COMPLIANCE ASSISTANCE PROVISIONS ....................................................................................................18

3.4.1. Engine Discontinuation Allowance for SD/I Engines..........................................................................18

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

3.5. ON-BOARD DIAGNOSTICS-MARINE (OBD-M) ..........................................................................................19

3.6. REPLACEMENT ENGINE PROVISIONS .........................................................................................................20

3.7. STANDARDIZED ENGINE REBUILDING PRACTICES.....................................................................................20

3.8. HANG TAG DURABILITY REQUIREMENTS..................................................................................................20

3.9. EXECUTIVE OFFICER DISCRETION FOR TECHNICAL CHANGES ..................................................................21

3.10. AFTERMARKET EXEMPTION PROCEDURES CLARIFICATION.......................................................................21

4. DISCUSSION ...................................................................................................................................................21

4.1. HIGH PERFORMANCE ENGINES..................................................................................................................21

4.2. TECHNOLOGICAL FEASIBILITY ..................................................................................................................23

4.3. “STERNDRIVE/INBOARD ENGINE” AND “JET BOAT” DEFINITIONS.............................................................24

4.4. “NEW ENGINE” DEFINITION ......................................................................................................................25

4.5. SAFETY CONCERNS ...................................................................................................................................25

5. ENVIRONMENTAL IMPACTS AND COST-EFFECTIVENESS.............................................................25

5.2. PROJECTED ROG+NOX EMISSION BENEFITS ............................................................................................26

5.3. CARBON MONOXIDE (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 Compliance................................................................28

5.4. STATE IMPLEMENTATION PLAN (SIP) .......................................................................................................28

5.5. ENVIRONMENTAL JUSTICE ........................................................................................................................29

5.6. COST-EFFECTIVENESS...............................................................................................................................29

6. ECONOMIC IMPACTS .................................................................................................................................30

6.1. LEGAL REQUIREMENT...............................................................................................................................30

6.2. AFFECTED BUSINESSES .............................................................................................................................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. POTENTIAL COSTS TO LOCAL AND STATE AGENCIES ................................................................................32

7. REGULATORY ALTERNATIVES...............................................................................................................33

7.1. PRESERVE EXISTING HIGH PERFORMANCE ENGINE REQUIREMENTS.........................................................33

7.2. WAIT FOR THE ADOPTION OF FEDERAL REGULATIONS .............................................................................33

7.3. EXEMPT SMALL VOLUME HIGH PERFORMANCE ENGINE MANUFACTURERS .............................................34

7.4. REQUIRE ALL HIGH-PERFORMANCE SD/I MANUFACTURERS TO MAKE UP EMISSIONS SHORTFALL .........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 FOR NEW 

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

DEFINED.

ATTACHMENT (B): PROPOSED AMENDMENTS TO THE CALIFORNIA EXHAUST EMISSION 

STANDARDS AND TEST PROCEDURES FOR 2001 MODEL YEAR AND 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 Requirements .............................. 7

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

Annual Averages...................................................................................................... 8

Table 2.3 - Baseline Spark-Ignition Marine Exhaust Emission Inventories Statewide 

Summer Weekend ................................................................................................... 9

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

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

Table 3.3 Proposed 2009 and Later Evaporative Control Design Specifications / 

Proposed U.S. EPA Standards .............................................................................. 15

Table 3.4 – Five-Star Voluntary Standards ................................................................... 16

Table 5.1 - Projected Emission Benefits for High Performance SD/I Engines............... 26
1 

EXECUTIVE SUMMARY 

The amendments proposed herein to the California emissions regulations and test 

procedures for new spark-ignition marine engines and 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 enhance alignment with other ARB 

and United States Environmental Protection Agency (U.S. EPA) regulations. 

Staff is foremost proposing that the Board modify the existing requirements for high 

performance engines (sterndrive/inboard (SD/I) engines > 373 kilowatts) to address 

technical barriers to the use of catalytic converters on these engines by relaxing the 

exhaust standards in this category for small volume manufacturers. To offset the 

potential emissions increases, staff is proposing to require the incorporation of 

enhanced evaporative technology (i.e., activated carbon canisters and low permeation 

tanks and hoses) on all vessels in which high performance engines are used beginning 

in 2009. Staff proposes to retain the existing exhaust emission standards for large 

volume manufacturers that produce both high performance and standard performance 

engines (SD/I engines ≤ 373 kilowatts). Such dual category manufacturers would be 

able to meet the standards through averaging. Optionally, these manufacturers would 

be allowed to certify high performance engines to the same exhaust and evaporative 

standards as proposed for small volume manufacturers. 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 engines are installed. In either case, 

all high performance engines beginning in 2009 would be accompanied with enhanced 

evaporative controls. These proposed changes would result in the same total combined 

hydrocarbon and oxides of nitrogen emissions as retaining the existing standards. 

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

extent feasible. 

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

Harmonizing with U.S. EPA, including 

• Total Hydrocarbon Standards (all spark-ignition marine categories) 

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

• Revised Jet Boat Engine Standards 

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

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

Provisions Specific to and Retained for California, including 

• Carbon Monoxide Standards (all spark-ignition marine categories) 

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

• Revised On-Board Diagnostics Marine (OBD-M) Requirements (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 Statement 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 certification of, and the 

incorporation of catalysts on, high performance sterndrive and inboard (SD/I) engines 

(i.e., those with rated power greater than 373 kilowatts) for manufacturers without 

sufficient product volume to make use of existing fleet 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 engines. 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 evaporative requirements, and to align as 

appropriate with the future requirements of the United States Environmental Protection 

Agency (U.S. EPA) pertaining to spark-ignition marine engines and boats. The changes 

proposed herein are meant to address these issues and 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 standards for off-road mobile sources 

including spark-ignition marine engines and boats, the current emissions inventory for 

spark-ignition marine engines in California, the existing 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 activity been undertaken to control 

exhaust emissions from spark-ignition marine engines. The U.S. EPA first promulgated 

exhaust emission standards to reduce emissions of hydrocarbon (HC) and oxides of 

nitrogen (NOx) from new outboard and personal watercraft (OB/PWC) engines in 1996 

(U.S. EPA 1996). However, the benefits of the federal rulemaking were not sufficient to 

meet California’s air quality goals and State Implementation Plan (SIP) requirements. 

Therefore, in 1998 ARB adopted exhaust emission regulations for spark-ignition marine 

engines that accelerated the 2006 federal standards to begin in 2001 in California 

(ARB 1998a). The regulations also set more stringent standards for these engines to 

be implemented in 2004 and 2008. As of this current year 2008, personal watercraft 

and outboard engines in California will meet exhaust 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 system for these engines depicting 

their relative cleanliness through a visible display of one, two, or three stars, with three 

representing the most stringent standards in California at that time. 
4

On July 26, 2001, the Board amended the spark-ignition 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 emissions inventory with respect 

to spark-ignition marine engines, ARB modeling showed that SD/I engines also 

contributed significantly to ozone-forming emissions in California. 

Accordingly, manufacturers of inboard and sterndrive engines were required to 

demonstrate compliance with an NMHC1+NOx exhaust emissions standard of 16.0 

grams per kilowatt-hour (g/kW-hr) beginning with the 2003 model year. This standard is 

roughly equivalent to California’s most stringent exhaust standard for OB/PWC engines, 

which, for those engines, was not required until 2008. 

The SD/I regulations at that time also required compliance 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 already exist, transference of 

automotive control technologies (catalysts specifically) to the marine sector makes a 

more stringent standard feasible. In fact, the majority of SD/I engines with rated power 

less than 373 kW are almost exclusively General Motors truck engines that have been 

marinized2

 for use on lakes and the ocean. Accordingly, the Board adopted a 

5.0 g/kW-hr NMHC+NOx standard for these engines, which 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 NMHC+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 available 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 original SD/I regulations by providing 

engine manufacturers with an emissions neutral option to delay the introduction of 

engines meeting the catalyst-based second tier standards by one year in exchange for 

full product line compliance in 2008 and limited evaporative permeation control. The 

Board adopted other provisions during this rulemaking such as revised durability 

periods and default certification levels for high performance 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 averaging. Finally, the Board directed staff 

to investigate the incorporation of future CO standards for spark-ignition marine engines 

and the harmonization of requirements that were under development by U.S. EPA. 

 

1

 The non-methane component of hydrocarbons. 

2

 Marinization is the process of modifying an existing automobile engine to operate reliably in a marine 

environment. Some typical modifications include upgrading the composition of exhaust components to be

more resistive against rust and corrosion, incorporating a water jacket within the exhaust manifolds to 

reduce temperatures, and providing better insulation for electrical contacts that might otherwise be 

exposed to corrosive sea water. 
5

On May 18, 2007, U.S. EPA published its Notice of Proposed Rulemaking to harmonize 

federal exhaust standards for OB/PWC and SD/I engines 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 promulgate a final rulemaking in June 

2008. 

2.2. Authority 

The Board’s regulatory authority to control air pollution is set forth in Divisions 

25.5 and 26 of the Health & Safety Code (H&SC), including sections 39600 and 39601. 

Health & Safety Code §39903 identifies ARB (the actual acronym used is CARB) as: 

“... the state agency charged with coordinating efforts to attain and 

maintain ambient air quality standards, to conduct research into the 

causes of and solutions to air pollution, and to systematically 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 CARB to control the emissions of 

criteria pollutants (and their precursors) from specific source categories. 

In addition to more general grants of authority, the California Clean Air Act, as codified 

in Health and Safety Code section 43013, directs the ARB to regulate off-road mobile 

sources of emissions. Health and Safety Code section 43018 further mandates ARB “to 

achieve the maximum degree of emission reduction possible” from mobile sources of 

pollution in order to attain California’s ambient air quality standards. These off-road 

mobile sources include, but are not limited to, marine vessels, locomotives, utility 

engines, off-road motorcycles, and off-highway vehicles. This regulation focuses on 

new spark-ignition (gasoline) marine engines, typically 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 Regulations 

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

NMHC+NOx exhaust standards and that certification and environmental labels be 

attached to engines and/or boats to provide prospective 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 three 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+NOx for a typical 75 kW OB/PWC 
6

engine. The test procedures for OB/PWC engines adopted 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 California 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 SD/I engines with rated power 

less than or equal to 373 kW (500 horsepower) beginning in 2003. The second tier 

standard requires engines to meet a 5.0 g/kW-hr NMHC+NOx emissions level beginning 

on a portion of engines in 2007 and 2008, or optionally on all engines beginning in 2008 

and thereafter, provided supplemental measures were taken to ensure equivalent 

emissions. Manufacturers choosing to wait until 2008 before introducing 5.0 g/kW-hr 

NMHC+NOx engines must use 15 grams per meter squared 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 periods 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 Requirements 

RATED EXHAUST STANDARD 

POWER DURABILITY 

NMHC2+NOx MODEL 

YEAR 

[kilowatts] 

COMPLIANCE

OPTION1

[hours / years] [grams per 

kilowatt-hour] 

TYPE3

SUPPLEMENTAL

MEASURE4

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 5.06 FIXED 

373 < kW ≤ 485 1505 / 3 5.06

2009 and later AVE 

kW > 485 

N/A 

505 / 1 5.06 AVE 

Carryover7

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 demonstrate compliance with the exhaust emission standard, except where a FIXED standard is required 

4. Supplemental measures may be different than shown, 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 warranty period shorter than the full hourly durability 

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 standard. 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 control 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, which in turn provides incentive for 

the consumer to have the problem corrected in a timely manner especially should the 

malfunction occur during the warranty period. Furthermore, OBD-M facilitates the repair 

of the malfunctioning component by providing a detailed 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 identify emissions performance relative 

to other spark-ignition marine engines, and a defects warranty program to protect 
8

consumers against poor quality products and to ensure 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 Proposed 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 adoption of CO standards and 

evaporative control requirements for OB/PWC and SD/I engines and boats. 

Furthermore, the NPRM proposed to include the methane component of hydrocarbon in 

the federal certification standard for gasoline fueled engines and to incorporate 

compliance facilitation provisions for unforeseen technical and economic hardships that 

may befall engine or equipment manufacturers. Although on-board diagnostics for SD/I 

engines were proposed in the NPRM, they were far less comprehensive and rigorous 

that the OBD-M requirements already in effect for California. 

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-ignition marine engines in 2009, 

2010, and 2020. These baseline estimates are annual averages and include the effects 

of all currently adopted State and federally promulgated 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 

OUTBOARD NOx 3.6 3.6 3.3 

CO 85.6 80.8 45.3 

ROG 25.3 24.2 22.4 

PERSONAL WATERCRAFT NOx 4.0 4.2 7.4 

CO 43.9 42.3 40.1 

ROG 19.0 18.7 17.3 

≤ 373 KW NOx 24.1 23.8 22.3 

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 actions. Between 2009 and 2020, 

ROG+NOx3

 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 watercraft are also projected to 

decrease over time as a corollary effect of the Board’s previous actions to control ozone 

precursors. Paradoxically, total estimated CO emissions for sterndrive and inboard 

engines continue to increase despite the incorporation of CO reducing three-way 

catalytic converters on these engines in 2007 and 2008. 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 time4

. 

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

2.3 illustrates the emissions inventories for the same categories of spark-ignition marine 

engines during summer weekends. Boats with spark-ignition marine engines are used 

most frequently on summer weekends when the temperature is hot and smog levels are 

high. Exhaust emission levels associated with summer weekend operation are 

approximately 1433

 percent higher than corresponding annual average levels 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 

OUTBOARD NOx 8.8 8.9 8.1 

CO 208.1 196.4 110.1 

ROG 61.4 58.9 54.4 

PERSONAL WATERCRAFT NOx 9.7 10.2 18.1 

CO 106.8 102.7 97.3 

ROG 46.3 45.4 41.9 

≤ 373 KW NOx 58.6 57.9 54.2 

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 refinements after the 2001 adoption of the existing regulation. 

4

 The CO emissions inventory estimate is not as fully developed as that for ozone precursors. As more 

data become available with certification, the emissions inventory will be improved. 
10

This table shows that ROG+NOx emissions are projected to decrease by about 53 tons 

per day for OB/PWC engines and about 9.4 tons per day 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 close contact with the regulated marine 

industry in order to follow industry’s progress regarding 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 provided 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 harmonizing requirements where possible 

and by streamlining certification requirements. Staff 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 based on the use of three-way catalytic 

converters. Additionally, to make up for lost emission benefits resulting from this 

proposed relaxation of the standards, all high performance SD/I engine manufacturers 

would be required to ensure the proper installation of canister-based evaporative 

emission controls on all vessels using high performance 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 converters on high performance 

engines has turned out to be a difficult challenge.

Staff’s other proposed amendments include the adoption of CO standards and Not-ToExceed (NTE) limits for all categories of spark-ignition marine engines, the incorporation 

of general and hardship related compliance facilitation provisions for all engines, 

modifications to OBD-M and replacement engine requirements for SD/I engines, and 

the adoption of voluntary standards allowing manufacturers 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 total hydrocarbons, rather than 

non-methane hydrocarbons, for its exhaust standards for all categories of spark-ignition 

marine engines. Staff is proposing other non-substantial modifications to the 

regulations and test procedures to correct grammatical and typographical errors, to 

correct references and citations, and to improve clarity. 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 the 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 regulation order in Attachment A. 

3.2. Emission Standards 

3.2.1. Total Hydrocarbon plus Oxides of Nitrogen (HC+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 California. Only the non-methane component 

of hydrocarbon was included in those standards because the intent of the regulation 

was to control ozone and methane does not contribute to ozone formation in the 

atmosphere. However, methane has been identified as one of the greenhouse gases 

responsible for manmade global warming; therefore, staff intends to propose that all 

future marine standards reflect the total hydrocarbon species. Additionally, such action 

would harmonize the form of California’s spark-ignition marine standards with that 

proposed by U.S. EPA for gasoline fuel certification. However, in practice this 

requirement is not expected to have a significant impact on compliance or change the 

projected reductions of ozone precursors in California. Virtually all currently regulated 

spark-ignition marine manufacturers in California already voluntarily submit total 

hydrocarbon measurements in their certification applications to eliminate having to 

speciate emission samples. Furthermore, the methane component is only about one 

percent of the total hydrocarbon species for gasoline and would not constitute much of a 

change in ozone precursor reductions regardless. From this point forward, all 

references in this staff report to combined hydrocarbons 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 intended 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 diminished cerebral capacity leading to 
12

accidents as a result. The California Department of Boating and Waterways reports ten 

deaths between 2001 and 2006 in California directly attributable to the inhalation of 

carbon monoxide during recreational boating activities5

. Other fatalities or injuries not 

quantified in this tally may have occurred indirectly (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 measured levels; therefore, compliance 

with the proposed standards should not require the incorporation of any additional 

technology not already required by existing California 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 to 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 proposed 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 applications to comply with the proposed 

California standards, but such modifications are expected to be rare and minor. Staff’s 

proposal does not provide for CO averaging in California because of the immediate risk 

from CO poisoning that higher emitting engines would 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 applicable (via averaging) to engines 

whose final point-of-sale destinations are not always predictable. 

Staff is also proposing an optional CO standard and alternate certification cycle for 

larger displacement standard performance SD/I engines 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 standard of 25 g/kW-hr that would 

only use the weighted emission measurements from modes 2 through 5 of the E4 test 

cycle6

. This standard discounts CO emissions at wide open throttle (Mode 1) where the 

risk of CO exposure from large displacement boats is expected to be low due to the 

unlikelihood of tow sports or other near-exhaust proximity activities such as 

wakeboarding and teak surfing being performed at maximum engine speeds and 

accelerations. Staff is not proposing to extend this alternate CO standard to high 

performance engines because the proposed standard for these engines is not expected 

to result in any compliance issues. 

U.S. EPA had considered the promulgation of an identical 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 rule 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 cycle for spark-ignition marine engines defined in the 

International Organization for Standardization document “(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 developed 

by the International Committee of Marine Industry Associations (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 standard. 

Table 3.1, below, summarizes staff’s proposed CO standards. 

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

ENGINE 

CATEGORY MODEL YEAR MAXIMUM POWERa

[kilowatts]

CO STANDARDb

[grams per kilowatt-hour]

kW ≤ 40 500 – 5 x Pc

OB/PWC 2009 and later 

kW > 40 300.0 

kW ≤ 373 75.0d

SD/I 2009 and later 

kW > 373 350.0 

a Maximum Power may be interpreted as maximum rated 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 kilowatts (kW). 

d An alternative standard of 25 g/kW-hr over modes 2 - 5 of the E4 cycle is provided for engines ≥ 6.0 L displacement.

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

California’s existing spark-ignition marine regulations 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 manufacturer’s product line as a means 

to facilitate compliance. 

However, due to technical obstacles regarding the effective use of catalytic converters 

on high performance engines and the competitive disadvantage 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 performance engine requirements. 

Staff proposes that the Board relax the 2009 and later HC+NOx exhaust standard for 

small volume manufacturers of high performance engines from 5.0 g/kW-hr HC+NOx to 

the levels shown in Table 3.2 below. Any large volume dual category manufacturer 

(i.e., a manufacturer that produces both high performance and standard performance 

engines in California in combined quantities greater 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 they so choose, beginning in 2009. 

 

7

 Currently, only one large volume manufacturer of high 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 

MAXIMUMa

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 5.0b 75.0c

373 < kW ≤ 485 16.0 2009 - 

2010 

kW > 485 25.0 

5.0d 350.0 

kW ≤ 373 5.0 5.0b 75.0c

373 < kW ≤ 485 16.0 2011 

and later 

kW > 485 22.0 

5.0d 350.0 

a Maximum Power may be interpreted as maximum rated 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 certified under the discontinuation allowance in subsection 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 standard 

performance and high performance categories. Alternatively, manufacturers may instead comply with the

exhaust standards for single category manufacturers provided a sufficient number of vessels with standard 

performance engines are equipped with carbon canister based evaporative systems.

To compensate for the shortfall in emission benefits from the change in exhaust 

standards, the staff proposal would also require 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) to incorporate enhanced evaporative controls, including 

evaporative control canisters (i.e., activated carbon canisters) and low permeation fuel 

tanks and hoses. The proposed evaporative requirements are based on national data 

compiled by U.S. EPA and rely in part on the analyses presented in the May 18, 2007, 

NPRM and its incorporated Regulatory Impact Analysis (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 in the process of developing more 

comprehensive evaporative standards and test procedures specific to California’s 

spark-ignition marine engines; therefore, the currently proposed evaporative 

requirements will be updated when staff’s independent 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]

Hoseb Tankc

DIURNAL 

STANDARDa

[grams per 

 gallon per day]

15.0 1.5 0.40d

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 30.2 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-trailerable boats must meet a 0.16 grams per gallon 

per day diurnal standard over a fuel temperature cycle of 25.6 o to 32.2 o Celsius.

Staff additionally proposes that any large volume dual category manufacturer be given 

an option to certify high performance engines to the less stringent 16.0 g/kW-hr 

HC+NOx standard, but be required to recover the lost emission benefits by expanding 

the use of evaporative controls on standard performance 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 existing 5.0 g/kW-hr standard without 

averaging would receive a four-star rating on environmental labels and hang tags. High 

performance engines certified to the 16.0 g/kW-hr HC+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 two-star rating. 

3.2.4. Optional Test Cycle for High Performance Engines 

Staff is also proposing an optional certification test cycle for all high performance SD/I 

engines. The optional cycle would be similar to the 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 high performance engines typically 

operate at loaded idle since much of their operation occurs while going through 

numerous zones near docks and swimming areas with five mile per hour “no wake” 

speed limits. Loaded idle operation is therefore more representative of high 

performance engine operation than “no load” idle operation and should be reflected in 

the certification test cycle. 

3.2.5. Not-To-Exceed Limits 

Staff proposes that the Board harmonize with federal 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 modes 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 required; however, engine manufacturers 

would be required to certify separately in California and would be subject to all 

applicable State provisions pertaining to in-use compliance and enforcement. 

3.2.6. Voluntary Standards 

Staff is proposing a fifth tier of voluntary emission standards for spark-ignition marine 

engines. Engines certified to these voluntary requirements 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. The proposed five-star label is shown 

below: 

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

Table 3.4 – Five-Star Voluntary Standards 

PERMEATION 

STANDARDS 

[grams per 

square meter per day]

HC+NOx

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 emissions 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 standards must indicate a five-star rating. 

Manufacturers may, however, continue to use existing stocks of labels with only four 

stars for engines that are not certified to the voluntary standards. 
17

3.3. Certification Requirements for High Performance Engines 

3.3.1. Portable Measurement Systems 

For the certification of high performance SD/I engines 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 must comply with generally the same 

specifications and verifications as the laboratory instrumentation described in the 

spark-ignition marine engine test procedures, but with added flexibility per the 

incorporation of the provisions for portable measurement systems from sections 

1065.901 through 1065.940 of Title 40, Code of Federal Regulations. A determination 

of compliance for the PEMS would be based on an overall demonstration of comparable 

accuracy and reliability relative to laboratory measurements occurring over multiple 

repetitions of the certification test cycle or an equivalent 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 and conducting a field test and for 

correcting emission analyzer drift by taking into account a number of known 

measurement techniques. Additional provisions and conditions would apply when using 

PEMS in an engine dynamometer laboratory. Staff proposes 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 ensure a reasonable mix of dynamometer 

and PEMS data for comparison. Such an amendment would 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 assigned deterioration factors for high 

performance engines regardless of production volumes. Emissions deterioration over a 

high performance engine’s useful life is expected to be relatively small considering an 

engine’s 50-hour or 150-hour rebuild frequency; therefore, the assignment of 

reasonable deterioration factors provides a cost effective and low-risk alternative to the 

traditional method of determining deterioration factors. 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 reflect real world engine performance. 

Manufacturers opting to certify with assigned deterioration factors would be required to 

indicate this in their applications for certification, and engines so certified would be 

subject to the same requirements, penalties, and corrective actions for in-use 

compliance as would be the case for engines certified using traditionally derived 

deterioration factors. 
18

3.4. Compliance Assistance Provisions 

Engine marinizers have requested corporate averaging as a means for addressing 

unforeseen circumstances, primarily the unanticipated discontinuation of engines by the 

base engine supplier8

 and the lack of development time necessary to develop reliable 

emission control systems for the engines that replace 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 respect to CO emissions, averaging 

does not address the immediate risk to vessel occupants from CO poisoning that 

engines certified to higher family emission limits would pose. Furthermore, since 

manufacturers are not able to guarantee the ultimate 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 boundaries, 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 disincentive for manufacturers to 

introduce their cleanest engines in California. Consequently, ARB would have to adopt 

significantly more stringent standards than currently required or proposed to achieve the 

same air quality benefits as from fixed standards. 

3.4.1. Engine Discontinuation Allowance for SD/I Engines 

In lieu of providing relief through corporate averaging for SD/I engines that will no longer 

be produced by the base engine supplier, staff proposes to allow manufacturers to 

certify one engine family (or other logical grouping) per year to current emission levels. 

This approach, hereafter known as the engine discontinuation allowance (EDA), would 

require one or more of the remaining engine families in a manufacturer’s SD/I product 

line to be certified to emission levels more stringent 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 averaging program, such as calculation 

methodology, records keeping, and reporting requirements 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 subsequent years; 

 

8

 In 2006, General Motors announced the end of production runs for two of the five base engines (4.3 liter 

and 8.1 liter engine families) frequently marinized by standard performance SD/I manufacturers. 
19

 Previously certified engine families may not subsequently be certified to less 

stringent standards; however, normal fluctuations in certification levels due to 

superseded component use would be permitted unless the fluctuations resulted 

in an exceedance of the standards to which the engine family was previously 

certified; 

• First time certified engine families certified less 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 applicable to all spark-ignition marine 

engines granting the Executive Officer discretion to issue additional compliance 

assistance for matters of extreme hardship for which the engine discontinuation 

allowance may not be completely adequate. Such compliance assistance would not be 

automatically available to the manufacturer; the manufacturer would be required to 

show proof that the situation necessitating Executive Officer intervention was 

completely beyond its control, and that the manufacturer 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 was beyond the control of the 

engine or boat manufacturer; 

• All existing compliance flexibility provisions have been exhausted; 

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

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

Staff proposes that misfire monitoring become a mandatory component of the OBD-M 

requirements for SD/I engines beginning in 2010. Currently misfire monitoring is only 

required when ARB or the certifying manufacturer determines that engine misfire would 

cause the catalyst to fail before the emissions durability period of the engine had 

elapsed (e.g., 480 hours or 10 years for standard performance engines certified with a 

catalyst). When the OBD-M requirements were originally adopted, industry believed 

that catalyst construction would have to be far more robust than that of existing 

automotive catalysts to meet the 5.0 g/kW-hr NMHC+NOx standard and remain durable 

in a water environment. By virtue of that assumption, industry contended that misfire 

would not be an issue regarding catalyst durability and ARB agreed to make misfire 

monitoring a conditional OBD-M requirement. However, now that manufacturers have 

begun certifying SD/I engines in California, all have voluntarily included misfire 

monitoring as part of their OBD-M systems, presumably, at least in part, because they 

have found ways to incorporate conventionally designed catalytic converters that are 

susceptible to damage from engine misfire. As such, and because misfire monitoring 

has already been introduced voluntarily, staff believes that mandatory misfire monitoring 

should be a requirement for all future OBD-M systems. Audio/visual alert device 

suppression provisions would remain in effect per existing provisions. Staff is also 

proposing to ease the transition to OBD-M for manufacturers of high performance 
20

engines by extending compliance dates to allow for the deployment of more 

sophisticated on-board computers and/or by temporarily relaxing the requirement for 

audio/visual alert device (i.e., malfunction indicator light) activation. 

3.6. Replacement Engine Provisions 

Part I, Section 8, of the “California Exhaust Emission 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 model year emission standards. This 

unintentionally necessitates that a catalyst-equipped engine be used to replace the 

engine in an older model boat that may not be properly designed to accommodate or 

support a catalyst-equipped engine (e.g., limited engine compartment space, 

incompatible wiring harnesses, etc.). Accordingly, staff proposes to revise this provision 

to require installation of the cleanest engine currently available that can be installed in a 

boat without unreasonable modifications when replacing 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 standardize procedures for rebuilding 

spark-ignition marine engines. The proposed language 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 prevent the downgrading of emission 

system performance during an engine rebuild. 

3.8. Hang Tag Durability Requirements 

Staff proposes to add a general statement of durability regarding the construction of 

hang tag labels. The requirements for environmental labels in § 2443.3 mandate a 

non-permanent label (i.e., hang tag) to be displayed on marine engines at the time of 

sale, but provide no material specifications for the construction of the hang tag. To 

address longevity concerns raised by a California dealership, 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 replacements were available upon 

request should they ever be needed. After examining samples from several engine 

manufacturers, staff has concluded that the reviewed hang tags appear robust enough 

to survive under most conditions that should be encountered 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 discretion to require a demonstration of 

durability for any hang tag submitted per the provisions 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 (Assembly Bill 695) now requires hang tags 

be submitted to the Department of Motor Vehicles with the registration application for 
21

new boats with SD/I engines produced on or after July 1, 2008, further illustrating the 

importance of hang-tag durability. 

3.9. Executive Officer Discretion for Technical Changes 

Staff proposes that the Board additionally delegate to the Executive Officer the 

discretion to make technical changes to the regulations and test procedures without the 

need to return to the Board. This discretion is needed 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 technical 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 delegation, the marine industry may 

be subject to differing requirements until the Board could amend the regulation itself. 

3.10. Aftermarket Exemption Procedures Clarification 

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 “Procedures for Exemption of Add-On and 

Modified Parts for Off-Road Categories,” incorporated in § 2472 of California’s 

aftermarket regulations (13 CCR Article 7). As such, these procedures are in conflict 

with the applicability section of the aftermarket regulations (13 CCR 2470), which grants 

exemption applicability to all off-road engines subject 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 subject 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-controlled engines, specifically SD/I 

engines at that time. However, after emission standards were adopted for SD/I engines 

in 2001, a corresponding adjustment to the aftermarket exemption procedures did not 

occur. Nonetheless, there has been no consequence to this apparent conflict in 

practice since applicability to SD/I engines is provided for in the aftermarket regulations, 

which establish regulatory requirements while incorporated 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 therefore be a clarification of existing 

requirements. 

4. DISCUSSION 

4.1. High Performance Engines 

The high performance engine sector in California consists 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 emissions contribution from this 

category is not trivial. Additionally, the overwhelming majority of high performance 

engine sales are from a single manufacturer (Mercury Marine) that also has the 

distinction of being the only manufacturer that produces both standard and high 
22

performance engines. As such, this manufacturer has a significant competitive 

advantage under the existing regulation in that it would be the only manufacturer able to 

certify high performance engines at current emission levels by averaging them together 

with lower-emitting standard performance engines. 

Furthermore, additional information has indicated that 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 which have successfully met the 

5.0 g/kW-hr emissions standard, high performance engines are typically operated at 

wide-open throttle for extended periods, and as such are calibrated to run fuel-rich most 

of the time. This is done primarily to reduce combustion temperatures preventing 

exhaust valve failure due to the high temperatures and cylinder pressures generated 

within the engines. Conversely, three-way catalytic converters, the technology of choice 

utilized almost exclusively on standard performance engines to comply with the 

standard, only achieve optimal performance at or near stoichiometric air/fuel ratios. 

Three-way catalysts can be engineered to retain some oxygen for use during fuel-rich 

operation; however, as the Manufacturers of Emissions 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 operation. 

A key consideration in the development of staff’s proposal was the potential impact of 

leaving the regulation unchanged. As mentioned above, the existing regulation gives an 

unfair competitive advantage to the sole dual category manufacturer. As a result, this 

manufacturer, already the dominant provider of high performance engines, would have 

a virtual monopoly of the high performance market in California. This would severely 

impact the small, California-based high performance engine manufacturers, as 

California sales form a significant part of their small market share. California dealers 

and boat builders currently supplied by high performance 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 California and could purchase and 

register boats out of State, but use them in California 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 would 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 able to meet the 5.0 g/kW-hr 

HC+NOx standard, so requiring further emissions reductions from manufacturers 

participating solely in that market to make up for relaxed standards in the high 

performance market would not make sense. Any emissions reductions to make up for 

the relaxation should reasonably come from manufacturers in the high-performance 

market. 
23

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 small businesses, many of which are 

located in California, to make up the shortfall would be tantamount to shutting them 

down. For these reasons, staff investigated alternatives 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 competing issues. The staff’s proposal to 

relax the 2009 and later HC+NOx exhaust standard for 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 exhaust 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 evaporative controls, would preserve 

the emissions benefits of the regulation adopted in 2001. 

The presence of only a single large volume dual category manufacturer, Mercury 

Marine, in the market has caused staff to consider alternatives that would allow for less 

expensive ways to comply with the requirements. Thus, staff additionally proposes an 

option that a large dual category manufacturer may certify high performance engines to 

the same exhaust and evaporative standards as proposed for small volume 

manufacturers. If a manufacturer chooses that option, 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 the Executive Officer be given 

discretion to allow other methods for recovering lost 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 controls. However, since the requirement 

applies only to dual category manufacturers, that manufacturer 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. Furthermore, it should be noted that any other 

manufacturer that offers product in both the high-performance 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 Board during the 1998, 2001, and 2005 

rulemakings and follow-up test programs at Southwest Research Institute (SwRI). 

Namely, the technologies such as four-stroke and direct injection two-stroke 

technologies, leaner air-fuel calibration, electronic fuel injection, oxygen sensor 
24

feedback fuel control, catalytic converters, and on-board diagnostics have all been 

determined to be feasible and appropriate for marine applications. 

Staff’s proposal does introduce additional evaporative emission controls that were not 

evaluated during those rulemakings. However, controls such as evaporative carbon 

canisters and low-permeation hoses are well-established, 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 including some lawnmowers 

(ARB 2003a). U.S. EPA has also demonstrated the feasibility 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” Definitions 

Staff’s proposed alignment with the federal definitions 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 necessary to prevent a potential shift in 

the sterndrive market favoring greater production and sales of higher emitting OB/PWC 

engines. U.S. EPA intends to allow manufacturers of jet boats with OB/PWC engines to 

comply federally using banked emission credits until 2012. However, ARB regulations 

do not permit the banking of emission credits and thus, these manufacturers would be 

required to make the transition immediately in California in the absence of additional 

action by the Board to grant compliance assistance. Therefore, to help facilitate 

transitioning to the SD/I standards for manufacturers currently certifying jet boat engines 

to the OB/PWC standards, staff proposes the following amendments: 

• Jet boat engine families previously certified to the OB/PWC standards may continue 

to be certified to the OB/PWC standards until 2012;

• Beginning in 2010, newly introduced jet boat engine 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 jet boat applications until 2010 

would be considered newly introduced jet boat families; 

• 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. 
25

Additionally, OBD-M would apply to new jet boat engine 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 beginning in 2012, but only engines used in 

jet boat applications would be considered in determining the final EDA emissions limit 

(i.e., engines from the same family as a jet boat engine, but installed in a PWC, cannot 

generate EDA offsets). 

4.4. “New Engine” Definition 

Staff’s proposed alignment with the federal definition for “New Propulsion Marine Engine 

or New Engine” is meant to ensure consistency between federal and State regulations 

regarding applicability to specific engine configurations. This definition also makes 

explicit that any engine installed for sale in a new vessel, whether the engine is rebuilt, 

remanufactured, or used, must comply with the emission 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-related 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 based on the use of passive purge 

control carbon canister systems which do not violate United States Coast Guard 

prohibitions against fuel storage in pressurized containers. 

5. ENVIRONMENTAL IMPACTS AND COST-EFFECTIVENESS 

The proposed amendments are intended to provide limited regulatory relief while 

maintaining reductions of ozone precursor emissions assumed in the current 

regulations. An additional consideration is the impact that the proposed amendments 

may have on both ambient and localized concentrations of carbon monoxide in the 

environment. In consideration of the data analyses performed herein, staff has 

determined that no significant adverse environmental impacts should occur as a result 

of adopting these amendments. This chapter describes 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 environmental impacts of proposed 

regulations. In addition, ARB’s regulations require Staff Reports to assess significant 

beneficial and adverse environmental impacts. (Title 17 California Code of Regulations, 

Section 60005(b).) To meet these requirements, CARB must assess the extent and 

severity of reasonably foreseeable environmental impacts, evaluate potential 

environmental benefits of both the proposed action and of alternatives, and respond (in 

writing) to all significant environmental issues raised in the public review period and at 

the Board hearing. At present, CARB’s regulatory program is certified by the Secretary 

of Resources (cf. Public Resources Code §21080.5), which allows CARB to include an 
26

environmental analysis in the Initial Statement of Reasons (ISOR) instead of preparing 

an environmental impact report or negative declaration. Written responses to significant 

environmental issues raised by the public will be included in the Final Statement of 

Reasons (FSOR) for the proposed amendments . 

Public Resources Code §21159 requires that the environmental 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 amendments (see subsection 

5.2.3). 

With respect to mitigation measures, CEQA requires state agencies to identify and 

adopt feasible mitigation measures that would minimize any significant adverse 

environmental impacts described in the environmental analysis. 

The impact of the proposed action (i.e., the regulations as proposed here) on criteria 

pollutant emissions generally has been discussed above. However, both the proposed 

action and alternatives to it can also affect carbon monoxide emissions levels that have 

a more direct impact on human health and welfare near marine engines and equipment 

in operation; therefore, ARB must also evaluate the relative effects of the proposed 

action and alternatives on these more direct impacts. 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 industry with compliance options 

(explained in subsection 4.1.1) for high performance SD/I engines that preserves the 

emissions reduction goals of the existing regulation (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 proposal. 

Table 5.1 - 

Projected Emission Benefits for High Performance SD/I Engines 

Statewide Summer Weekend

EMISSION BENEFITS 

MODEL [tons per day] 

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 
27

5.3. Carbon Monoxide (CO) 

5.3.1. Benefits of the Proposal 

Although CO is not an ozone precursor, it is a criteria pollutant and has been known to 

cause fatalities in high concentration through asphyxiation. The United States Coast 

Guard and the National Institute for Occupational Safety 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 idle 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 from the Double Angel Foundation 

(DBLA 2007) using data commissioned by the United States Coast Guard. The 

California Department of Boating and Waterways reports 10 deaths between 2001 and 

2006 in California associated with the inhalation of carbon monoxide during boating 

activities. 

 

While as previously stated in subsection 3.2.2 of this 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 California beginning in 2007 to reduce 

HC and NOx has also significantly reduced engine-out CO levels from those same 

engines compared to previous generations without catalytic converters. Staff estimates 

that reductions in CO on the order of 40 to 60 percent 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 proposal 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 regulation, 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 exposure risk because wakeboarding and 

other tow sports are not typically performed at maximum engine speeds behind high 

performance boats. CO reductions for OB/PWC engines have also occurred as an 

indirect result of the Board’s previous action to control 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. Additionally, 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 surf9

. AB 2222 (Stats. 2004, Chap. 565), effective as of January 1, 

2005, imposes a fine of up to $100 on anyone who operates a vessel’s engine or 

 

9

 “Teak surfing” or “platform dragging,” involves pulling a person through the boat’s 

wake while the person holds on to the back of the boat.
28

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 research 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 boaters 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 conducted by the National Institute for 

Occupational Safety and Health (NIOSH) indicate that 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 poisoning hazard to occupants of boats 

that have gasoline-powered engines.” (NIOSH, 2007). 

Because the subject marine engines are currently unregulated for CO, and because 

both the proposed actions and alternatives considered 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 impact. However, the proposed 

action would reduce continued adverse impacts on vessel operators and occupants. By 

contrast, the alternatives considered that would involve less stringent CO standards 

could result in continued adverse environmental impacts on vessel operators and 

occupants, and could require mitigation. Staff will continue to evaluate CO emissions 

and potential ways to reduce emissions further when possible. 

5.3.2. Reasonably Foreseeable Feasible Mitigation Measures 

Because the proposed amendments hold ozone precursor emissions constant, and 

because there is currently no CO standard and the proposed CO standard is set at or 

below current engine emissions levels, staff concludes that no significant adverse 

environmental impacts would occur from implementing the proposed amendments. As 

no adverse impacts are anticipated, no mitigation measures 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 alternative means of compliance with 

the proposed amendments. Both technologies are well understood, and have been 

used successfully in other applications such as automobiles for decades. Neither 

technology would increase CO emissions; catalysts would decrease CO emissions. 

5.4. State Implementation Plan (SIP) 

The original spark-ignition marine engine regulations were adopted by the Board in 

1998 for OB/PWC and in 2001 for SD/I engines and have been included as part of the 
29

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 significantly 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 emissions 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 somehow to be met, that the majority of 

emissions reduced would be HC emissions. Thus, staff 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 development, 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 into ARB's programs consistent with 

the directives of State law. The policies developed apply to all communities in 

California, but recognize that environmental justice issues have been raised more in the 

context of low income and minority communities, which sometimes experience higher 

exposures to some pollutants as a result of the cumulative 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 exposures than others as a result of 

the cumulative impacts of air pollution from multiple 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 from the air quality benefits associated 

with the proposal. As additional relevant scientific 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 stay informed and participate fully in 

developing these proposed amendments to the spark-ignition 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 (ARB 2001). Staff expects no 

net change in cost-effectiveness from that found in the prior rulemakings, because the 

proposed amendments allow high performance engine manufacturers to comply with 
30

non-catalyst based exhaust standards, and otherwise generally align with proposed 

federal requirements for other SD/I and OB/PWC engines. 

If carbon canisters and low-permeation evaporative control hoses are utilized as a 

means of complying with the regulation (virtually all vessels that use high performance 

engines in California already possess metal, thus low permeation, tanks), the increase 

in costs to the manufacturer ($0.40 to $0.60 per foot 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 performance 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 estimated 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 regulation or for manufacturers to comply 

with federal requirements. Adoption of staff’s proposal 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+NOx exhaust standard that they would 

not otherwise have under the existing regulation. Additionally, the proposed CO 

standards, NTE limits, and jet boat requirements are nearly identical to those proposed 

federally and would not necessitate additional costs or efforts above those required to 

comply with the federal requirements. Therefore, staff maintains that the proposed 

amendments would have no adverse impacts on business competitiveness, California 

employment, or on business creation, elimination, and expansion. Furthermore, if any 

manufacturer determines that compliance with the existing regulation is more 

economically advantageous than staff’s proposed amendments for high performance 

manufacturers, that manufacturer is still able to choose to comply with the exhaust 

emission standards of the existing regulation. This 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 on California business enterprises 

and individuals when proposing to adopt or amend any administrative regulation. The 

assessment shall include a consideration of the impact of the proposed regulation on 

California jobs, business expansion, elimination, or 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 any nondiscretionary cost or savings to 

local agencies and the cost or savings in federal funding to the state. 
31

6.2. Affected Businesses 

Staff does not expect any business to be adversely affected by the proposed 

amendments to the regulation, including those pertaining to farm or agriculture. Staff’s 

amendments would provide greater flexibility for any high performance marine engine 

manufacturer or boat builder to comply with the regulation. Boat owners are not likely to 

be adversely affected because vessels with high performance engines are primarily 

used in recreational applications and are not typically employed to support the livelihood 

of California residents. The amendments are directed at manufacturers, so docks, 

ports, and fishing and boating stores are not expected to be adversely affected by staff’s 

proposal; in fact, the amendments may indirectly benefit them since the amendments 

are meant to facilitate compliance for the marine industry. 

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 length on average). However, these 

incremental costs will be more than offset by the relaxation 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 converters, 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 control technology to be incorporated is 

readily available, generally inexpensive compared to catalytic converters, and would not 

require special expertise. The proposed amendments are likely to benefit 

manufacturers because they generally facilitate compliance and are a potentially less 

expensive alternative for complying with the regulation. High performance marine 

engines are primarily used in recreational applications and do not typically support the 

livelihood of California residents. As mentioned above, the amendments are directed at 

manufacturers, so docks, ports, and fishing and boating stores are not expected to be 

adversely affected by staff’s proposal. Staff’s proposal to adopt CO standards and NTE 

limits is the same as the federal proposal. For all 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 comply 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 registration of boats purchased outside 

the State with engines not certified for sale in California. Staff does not expect that any 

business will suffer a competitive disadvantage from the proposed amendments. The 
32

evaporative control technologies are readily available and/or easily implementable, 

comparatively inexpensive, and would not require special expertise. High performance 

marine engines are primarily used in recreational applications 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 adversely affected by staff’s proposal, 

since the amendments are directed at manufacturers. To the extent that the 

amendments reduce compliance costs to the marine industry, 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 California jobs to some extent, by 

making it easier for small California business to continue to compete in the high 

performance SD/I market. The evaporative control technologies and supplemental 

measures required are readily available and/or easily implementable, comparatively 

inexpensive, and would not require special expertise. The adoption of staff’s proposal is 

expected to benefit manufacturers who would otherwise have to comply with a more 

expensive option or stop selling engines in California. 

6.2.5. Potential Impact on Business Creation, Elimination or Expansion 

The proposed amendments are not expected to have a noticeable impact on the status 

of California business creation, elimination, or expansion. 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 averaging could result in severe 

financial hardship for some small businesses (see subsection 4.1). The evaporative 

control technologies and supplemental measures required are readily available and/or 

easily implementable, comparatively inexpensive, and would not require special 

expertise. 

6.3. Potential Costs to Local and State Agencies 

Staff believes the proposed requirements are the most cost-effective means of 

achieving emission reductions of the same magnitude as the existing regulation. Staff 

is proposing amendments that would allow greater flexibility for businesses (high 

performance engine manufacturers specifically) to comply with the regulation at reduced 

cost and without a reduction in emission benefits as required by the existing regulation. 

The only costs to State government as a result of the proposed amendments would be 

to ARB for implementing the new regulatory requirements and possibly for additional 

staff time to evaluate aftermarket replacement parts for SD/I marine engines. We 

anticipate that the implementation costs could be absorbed within the existing ARB 
33

budget for the current fiscal year 2008/2009; however, an additional 11⁄4 to 11⁄2 PY could 

be needed for future fiscal years 2009/2010 and 2010/2011 to address a potential 

increase in the number of new applications to be reviewed. 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 implementation of the existing regulations 

for spark-ignition marine engines, an undetermined number of additional manufacturers 

will begin complying for the first time in 2009; thus, the hiring of additional staff could be 

necessary if significant increases to workload occur as a result of staff’s proposed 

compliance flexibility option and alignment with new U.S. EPA requirements. The 

proposed amendments are not expected to result in an overall increase in costs for local 

agencies. 

7. REGULATORY ALTERNATIVES 

The staff evaluated various alternatives to the current proposal. A brief description of 

the alternatives and staff’s rationale for finding them unsuitable follows below. 

7.1. Preserve Existing High Performance Engine Requirements 

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 unintentionally puts small volume high 

performance engine manufacturers at a competitive disadvantage that could result in 

their businesses closing. Therefore, staff rejected this alternative. 

7.2. Wait for the Adoption of Federal Regulations 

Although U.S. EPA has published a Notice of Proposed Rulemaking for inboard and 

sterndrive engine standards, including CO standards and NTE limits, the federal 

requirements are not expected to be implemented until 2010 at the earliest. 

Furthermore, the emission requirements being considered federally for high 

performance engines would be less stringent than those already adopted by California 

or the alternatives proposed in this staff report. Considering that California has had 

regulations for high performance engines in place since 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), postponing these amendments would only 

serve to deny reasonable compliance flexibility to the regulated industry. 

The advantage of a national regulation is harmonization. Manufacturers would have to 

comply with only one set of regulations for all nationwide 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 of a federal rule to ensure 

consistency of standards and other requirements to the extent feasible and appropriate. 

However, delaying action until the federal regulation is finalized would unnecessarily 

burden the marine industry by requiring it to comply with a California standard for high 

performance engines for the 2009 model year that, by and large, the marine industry 

appears unable to meet. Conversely, if the action was to repeal the existing standards 
34

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 Manufacturers 

Although relatively few in number, high performance engines have high exhaust rates 

and their impact on air quality in California is not trivial, especially during the summer 

season. Since the overwhelming majority of these engines 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 manufacturer to meet the standard in 

2009. While this would address any issues of a competitive 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 with 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 require catalyst-based standards for 

these engines). Therefore, staff rejected this alternative. 

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 standards, equip high-performance 

boats with enhanced evaporative controls, and also require the individual manufacturers 

to submit plans for making up the remaining emissions shortfall with supplemental 

measures. Upon review, staff determined that although this alternative would 

theoretically be emissions-neutral, implementation would be overly burdensome. 

Without clarity on exactly what measures would be needed and acceptable to the 

Executive Officer, manufacturers could have spent an 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-performance market, their alternatives 

for achieving additional emissions reductions would be severely constrained, placing 

them at a competitive disadvantage with the dual-category manufacturer. Furthermore, 

even the dual-category manufacturer would be subject to uncertainty regarding product 

planning. Therefore, staff rejected this alternative 
35

8. CONCLUSIONS AND RECOMMENDATIONS 

Staff’s objectives in recommending the revisions proposed herein to California’s 

spark-ignition marine regulations and test procedures are to provide harmonization with 

proposed federal requirements, and to provide another compliance path for larger, high 

performance engines that avoids a potential technical barrier in using catalysts, and 

avoids an unanticipated competitive disadvantage to small volume manufacturers of 

these engines. The cost-effectiveness of the changes remains positive, and 

manufacturers will be required to offset the small loss of emission reductions resulting 

from the revised tailpipe standards. A new CO standard applicable to both inboard and 

outboard recreational marine engines will help assure no individual engine will expose 

wakeboarders to excess concentrations of CO. 

No alternative considered by the agency would be more effective in carrying out the 

purpose for which the amended regulation is proposed, or would be as effective as, or 

less burdensome, to affected private persons than the proposed regulation. Therefore, 

staff recommends that the Board accepts staff’s proposed 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 Chapter 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 proposed repeal of Section 2448, within 

Chapter 9, Article 4.7, 13 CCR; and proposed adoption of amendments to the following 

documents incorporated by reference in Section 2447, 13 CCR: “California Exhaust 

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

Marine Engines,” as last amended September 22, 2006, and in Section 2474, 13 CCR: 

“Procedures for Exemption of Add-On and Modified Parts 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 (Staff Report). 

ARB 1998b: California Air Resources Board, Proposed 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 Hearing 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 Requirements 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 Regulation (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 Regulations, September 30, 2005 

(Staff Report). 

ARB 2005b: California Air Resources Board, Notice of Public Hearing to Consider 

Requirements to Reduce Idling Emissions from New and In-Use Trucks, 

Beginning in 2008, September 1, 2005 (Staff Report). 

Assembly Bill 695: California Statutes of 2007, Chapter 609, Adds Sections 9852.9, 

9853.7, and 9853.8 to the VC, Karnette, Betty, 54th District, October 13, 2007 

DBLA 2007: Double Angel Foundation, Boat-Related Carbon Monoxide (CO) 

Poisonings, Updated: April 2007. 

ISO 8178-4: International Organization for Standardization, Reciprocating Internal 

Combustion Engines, Exhaust Emissions Measurement, Part 4: Test Cycles for 

Different Engine Applications. 

NIOSH 2007: National Institute for Occupational Safety and Health, Report EPHB 289-

12a, Evaluation of Carbon Monoxide Concentration With and Without Catalytic 

Emission Controls From Gasoline Propulsion Engines, April 2007 
37

RIA 2007: United States Environmental Protection Agency, Control of Emissions from 

Marine SI and Small SI Engines, Vessels, and Equipment, Draft Regulatory 

Impact Analysis, April 2007. 

U.S. EPA 1996: United States Environmental Protection Agency, Control of Air 

Pollution; Final Rule for New Gasoline Spark-Ignition Marine Engines, 

Exemptions for New Nonroad Compression-Ignition Engines at or Above 

37 Kilowatts and New Nonroad Spark-Ignition Engines at or Below 19 Kilowatts; 

Final Rule, 61 Federal Register 52088-52169, October 4, 1996. 

U.S. EPA 2007: United States Environmental Protection 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 meetings and other instances of dialog with the 

public, regulated industries, and associated organizations: 

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 manufacturers to certify high performance 

engines through corporate averaging with standard performance engines. 

Representatives from the National Marine Manufacturer’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 standard performance engines to 

average. Staff had previously acknowledged this potential deficiency in the staff report 

for the November 17, 2005, rulemaking, and indicated its commitment to develop a 

long-term solution prior to the commencement of emission requirements for these 

engines in 2009. 

Meeting with Southern California Marine Dealers Association (SCMA)

On January 16, 2007, staff met with the Board of Directors of SCMA to discuss how 

ARB’s recreational marine regulations could affect California dealerships. SCMA was 

concerned that the addition of catalysts and sophisticated 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 catalysts. In response, staff identified 

several major marketing incentives for buying a California certified inboard or sterndrive 

marine engine despite the prospect of a price increase. The incentives were that the 

catalyzed California engine is covered by mandatory warranty and durability by the 

manufacturer, it must incorporate on-board diagnostics that quickly and accurately 

identify malfunctions and facilitate repairs, it must 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 like hybrid electric cars have, and is 

safer to operate because of reduced carbon monoxide emissions. 

Participation in the Development of Assembly Bill No. 695 (AB 695)

AB 695 was legislation authored by State Assemblywoman Betty Karnette, 54th 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 proposed to add §§ 9852.9, 9853.7, 

and 9853.8 to the California Vehicle Code (VC) to make it generally illegal for a person 

to purchase a marine vessel outside of California for use in California without a valid 

California-certified engine. AB 695 was signed into law on October 13, 2007, and as of 

July 1, 2008, new boat owners are required to submit proof that their boats contain a 

California-certified engine when applying for registration 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 the 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 attended by invitation of Ilmor Marine 

Engines, LLC, a manufacturer of high performance marine engines, and was provided 

complimentary passes by SCMA. The purpose of the visit was to converse with the 

represented boat dealers, educate them on the benefits of California engines versus 

federal engines, and to get a first hand look at some of the new recreational marine 

offerings for 2007. In particular, staff focused its attention on dealers selling boats with 

high performance engines since these engines will be regulated for the first time 

beginning with the 2009 model year. 

Meetings with High Performance Marine Engine Manufacturers

In addition to frequent conference calls and meetings with NMMA and SCMA to discuss 

high performance related issues, staff met individually with representatives from 

Mercury Marine and Ilmor Marine Engines, LLC, several times between February 2007 

and April 2008. During each of those meetings staff heard the manufacturer’s concerns 

regarding compliance with the existing catalyst-based standards (5.0 g/kW-hr 

NMHC+NOx) set to begin with the introduction of 2009 model year engines. These 

meetings were informative and helped guide the development of staff’s proposed 

amendments to the existing regulations for high performance engines. 

Certification and Enforcement Guidance Meetings

On March 14, 2007, staff from ARB’s regulatory, certification, 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 engine and boat sales and distribution, 

engine vs. boat manufacturer liability issues, the expectations and time constraints of 

the certification process for catalyst equipped engines and on-board diagnostics, and to 

hear industry’s concerns regarding new replacement engines, which according to 

existing regulation are required to comply with current 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 met with ARB staff to lobby for a 

relaxation of the 5.0 g/kW-hr NMHC+NOx catalyst-based standard scheduled to begin 

in 2009. SCMA asked for a relaxation of the exhaust standard for high performance 

engines and a component-based approach to emissions control rather than the 

traditional performance-based approach. Staff replied 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 regarding changes to, and alignment 

with, the federal proposal for spark-ignition marine 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 management and several member 

companies to discuss high performance engine standards and remediation methods for 

any loss of benefits resulting from a relaxed exhaust 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-use replacement of fuel hoses with 

low-permeation hoses. Also discussed was the lifecycle extension of the base 4.3 liter 

engine by General Motors. 

Workshop Notice

On February 21, 2008, ARB emailed listserv subscribers and posted a document on its 

website at http://www.arb.ca.gov/msprog/mailouts/msc0803/msc0803.pdf announcing 

that a public workshop had been scheduled for March 18, 2008, to discuss proposed 

changes to the spark-ignition marine engine and boat regulations. The document went 

into some detail regarding the changes being considered by staff and provided the 

logistics for the meeting and outlined the processes 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 to California’s spark-ignition 

marine engine and boat regulations that would require 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 from NMMA regarding the regulatory 

revisions proposed by staff in the February 21, 2008, 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 regulations. The workshop was webcast 

to reach a wider audience than was able to attend in person. The discussion included a 

presentation by staff of proposed changes to the exhaust standards for high 

performance engines, an early introduction of evaporative control requirements for high 

performance engines, the incorporation of CO standards and NTE limits, adoption of 

general and hardship compliance assitance provisions, revised new replacement engine 

provisions, and more. Additional presentations were 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_marine_workshop_03182008.pdf. 

Certification Outreach Meeting

On April 22, 2008, ARB staff held a meeting to educate manufacturers of high 

performance engines on the various aspects of certifying their engines for the 2009 

model year and beyond. The majority of high performance 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 dedicated certification staff, ARB staff 

felt it warranted to provide outreach to this segment 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 regarding ARB’s proposed 

emission regulations for new spark-ignited marine engines and boats 

that were presented at the March 18th workshop. MECA has reviewed 

the latest proposal and participated in the March workshop. MECA 

supports ARB’s approach to harmonize California’s spark-ignition 

marine standards with those proposed by U.S. EPA for gasoline 

certification of THC + NOx. We also believe that the proposed CO 

limits for stern drive and inboard (SD/I) engines above and below 373 

kW are reasonable and can be met with the same three-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 exhaust standard 

for NMHC + NOx in exchange for the incorporation of evaporative 

control systems on vessels equipped with high performance 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 emission limits. We 

see no reason why these performance marine vessels can not benefit 

from the same technology as other SI vehicles and engines to achieve 

ultra low evaporative emissions. 
B-2 

MECA agrees with Staff’s conclusion that the operating conditions of 

these high performance engines are not ideal for optimal 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 ration of 14.65. 

Although advances in catalyst technologies designed with improved 

oxygen storage capacity have facilitated the broadening of this high 

conversion window, the range for > 90% conversion efficiencies 

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 and high speed 

operation of high performance marine engines has required engine 

calibrations in the fuel-rich side of the stoichiometric air/fuel ratio. 

Although this is ideal for the reduction of NOx with a TWC, the 

oxidation of HC and CO is likely to be compromised making it difficult 

to meet the proposed HC + NOx combined target. Furthermore, the 

oxygen storage materials used in TWCs require periods of lean A/F 

operation in order to allow the oxygen storage function to regenerate. 

Long term operation on either side of the stoichiometric 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 evaporative emissions 

for this specialized class of marine vessels is a good 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 for New 2009 and Later 

Spark-Ignition Marine Engines and Boats

NOTE: This document is written in a style to indicate 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, 2445.2, and 2446, and delete section 

2448, title 13 California Code of Regulations, to read as follows: 

Chapter 2. Enforcement of Vehicle Emission Standards and Surveillance Testing 

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

§ 2111. Applicability. 

(a) These procedures shall apply to: 

* * * * * 

(4) California-certified 2008 model year spark-ignition 

sterndrive/inboard marine engines with maximum rated power less 

than or equal to 373 kilowatts complying with the Option 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, 43101, 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 article: 

* * * * * 

(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 diesel engines 

to be used in urban buses, and 2004 and subsequent model year 

hybrid-electric urban buses for carbon monoxide, particulate, and 

oxides of nitrogen plus non-methane hydrocarbon emissions 

standards, a period of use of 10 years or 435,000 miles, or 22,000 

hours, whichever first occurs, or any alternative useful life period 

approved by the Executive Officer, except as provided 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 life only when an 

accurate hours meter is provided by the manufacturer with 

the engine and only when such hours meter can reasonably 

be expected to operate properly over the useful life 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 10 years 

or 100,000 miles, the useful life shall become 10 years 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 20092008 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 12 requirements in Section 2442(b)(1),

and for California-certified 20082009 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 or equal to 

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

occurs. for engines 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, whichever 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 appropriate. 

* * * * * 

Appendix A to Article 2.1 

California In-Use Vehicle Emission-Related Recall Procedures, Enforcement Test 

Procedures, and Failure Reporting Procedures for 1982 and Subsequent Model-Year 

Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and 

Engines, Motorcycles, 1997 and Subsequent Model-Year Off-Road Motorcycles and 

All-Terrain Vehicles, 2000 and Subsequent Model-Year Off-Road Compression-Ignition 

Engines, and 2008 and Subsequent Model-Year Spark-Ignition Inboard and

Sterndrive/Inboard Marine Engines. 

Vehicle and Engine Parameters, Components, and Specifications 

I. Passenger Car, Light-Duty Truck, Medium-Duty Vehicle, 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, Vehicle Code. 

Reference: Sections 39002, 39003, 39500, 43000, 43009.5, 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 Safety Code; and Section 28114, 

Vehicle Code. 

(Operative <Insert Date>) 

Chapter 2. Enforcement of Vehicle Emission Standards and Surveillance Testing 

Article 2.3. In-Use Vehicle Enforcement Test Procedures 

§ 2139. Testing. 

* * * * * 

(h) For spark-ignition inboard and sterndrive/inboard marine engines, in-use 

compliance tests shall be performed pursuant to section 2442, Title 13, 

California Code of Regulations. The in-use compliance testing shall use 

the same test procedure utilized for the specific engine'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, 43013, 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 Standards and Surveillance Testing 

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

* * * * * 

§ 2147. Demonstration of Compliance with Emission Standards. 

* * * * * 

(b) A manufacturer may test properly maintained in-use vehicles with the 

failed emission-related component pursuant to the applicable certification 

emission tests specified in Title 13, California Code of Regulations, 

Section 1960.1 or 1961, as applicable, for passenger cars, light-duty 

trucks and medium-duty vehicles, Section 1956.8 for heavy-duty engines 

and vehicles, Section 1958 for motorcycles, and Section 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 43105, Health and Safety Code. 

Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 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 solely for 

competition are exempt from the requirements of this article, except 

section 2443.1, provided that the marine watercraft in which the 

engine is installed is designed, built, and used solely for 

competition. Marine watercraft not registered with a 

nationally-recognized organization that sanctions professional 

competitive events or used for amateur or occasional 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, 43102, 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 2442(b), means any person or 

business entity engaged in the manufacturing, assembling, 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 introduction into commerce. 

Included are those who act for and are under the control 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 business entity whose sole 

activities are the direct sale of said vessels to ultimate purchasers or the 

servicing of said vessels. 

* * * * * 

(21) “Enhanced Evaporative Control System” means an integration of evaporative 

control hardware including activated carbon canisters, low permeation fuel hoses, 

and non permeable fuel tanks designed to comply with the diurnal and 

permeation standards in Table 2.2 of § 2442(b)(2).

(2122) “Exhaust emissions” means matter emitted into the environment from any 

opening downstream from the exhaust port of a spark-ignition marine engine. 

(2223) “Executive Officer” means the Executive Officer of the Air Resources 

Board or his or her authorized representative. 

(2324) “Executive Order” means an order issued by the Executive Officer 

certifying engines for sale in California. 

(2425) “Family Emission Limit” means an emission value assigned by a marine 

engine manufacturer to an engine family for the purpose of complying with a 

corporate average exhaust emission standard. The Family Emission Limit (FEL) 

must not exceed the limit specified in this Article. 

(2526) “Fuel system” means all components involved in the transport, metering, 

and mixture of the fuel from the fuel tank to the combustion chamber(s) including, 

but not limited to the following: fuel tank, fuel tank cap, fuel pump, fuel lines, oil 

injection metering system, carburetor or fuel injection components, and all fuel 

system vents. 

(2627) “Fuel trim” refers to feedback adjustments to the base fuel schedule. 

Short-term fuel trim refers to dynamic or instantaneous adjustments. Long-term 

fuel trim refers to much more gradual adjustments to the fuel calibration schedule 
- 9 - 

than short-term trim adjustments. These long-term adjustments compensate for 

engine differences and gradual changes that occur over time. 

(2728) “Functional check” for an output component means verification of proper 

response to a computer command. For an input component, 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 with 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 the 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 watercraft.

(2930) “Inspection criteria” means the pass and fail numbers associated with a 

particular sampling plan. 

(31) “Jet boat” means a vessel that uses an installed 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” means an engine manufacturer 

that produces both high performance and standard performance 

sterndrive/inboard engines for sale in California in 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 permeation rate on CE10 fuel 

at 23o Celsius, as tested per SAE J1527. 

(31)(34) “Malfunction” means the inability of an emission-related component or 

system to remain within design specifications. Further, malfunction refers to the 

deterioration of any of the above components or systems to a degree that would 

likely cause the emissions of an aged engine with the deteriorated components 

or systems present at the beginning of the applicable certification emission test to 

exceed the HC+NOx emission standard by more than 50 percent, unless 

otherwise specified, as applicable pursuant to Subchapter 1 (commencing with 

Section 1900), Chapter 3 of Title 13. 

(32)(35) “Marine engine manufacturer” means any person engaged in the 

manufacturing or assembling of new spark-ignition marine engines or the 

importing of such engines for resale, or who acts for 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 received by such person in 

commerce. 

(33)(36) “Marine warm-up cycle” means sufficient engine operation such that the 

coolant temperature has risen by at least 40 degrees Fahrenheit from engine 

starting and reaches a minimum temperature of at least 140 degrees Fahrenheit. 

(34)(37) “Marine watercraft” means every description of boat, ship or other 

artificial contrivance used, or capable of being operated on water. 

(38) “Marinize” means to modify an existing automobile engine to operate reliably 

in a marine environment. Some typical modifications include upgrading the 

composition of exhaust components to be more resistive against rust and 

corrosion, incorporating a water jacket within the exhaust manifolds to reduce 

temperatures, and providing better insulation for electrical 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 the mapping procedures of 

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

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

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

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

production engines considering normal production variability. The power value 

should be rounded to the nearest whole kilowatt. Except as indicated below in 

paragraphs (A) and (B) of this definition, the maximum engine power for an 

engine family is the weighted average value of maximum engine power for each 

engine configuration within the engine family based on the total California 

production volume of engines produced from the engine family. Alternately:

(A) For outboard or personal watercraft engines, maximum engine power 

is the greatest value for maximum engine power from all the different 

configurations within the engine family to determine 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 different 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 kilowatt output of 

an engine at rated speed, as stated in the manufacturer’s application for 

certification. 
- 11 - 

(41) “Maximum Test Speed” means:

(A) the engine speed during sustained operation with 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 CFR 1065.1001

when testing a two-stroke engine installed in a vessel or any engine on an 

engine dynamometer.

For the purposes of laboratory testing, the declared maximum test speed must be 

within 500 revolutions per minute of the measured value for maximum test speed 

specified in the test procedures.

(36)(42) “Model year” means the engine manufacturer’s annual new model 

production period which includes January 1 of the calendar 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 previous calendar year. Where an 

engine manufacturer has no annual new model production 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 has never been transferred to an 

ultimate purchaser. Where the equitable or legal title to the engine or watercraft 

is not transferred to an ultimate purchaser until after the engine or watercraft is 

placed into service, then the engine or watercraft will no longer 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 “new” means an engine or 

watercraft that is not covered by an Executive Order issued under this Article at 

the time of importation, and that is manufactured after 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 ‘‘brand new.’’ In the case 

of this paragraph (A), the engine is new from the time it is produced until 

the ultimate purchaser receives the title or the product is placed into 

service, whichever comes first.

(B) An engine intended to be used as a propulsion marine 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.’’ The engine is no longer 

new when it is placed into marine service.

(C) A propulsion marine engine that has been previously placed into 

service in an excluded application, where that engine is installed in a 

vessel subject to the requirements of these regulations. The engine is no 

longer new when it is placed into marine service covered by these 

regulations. For example, this would apply to an auxiliary 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 engine is no longer new 

when the ultimate purchaser receives a title for the 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 Executive Officer, of a class of 

engines, although properly maintained and used, experience a failure of 

the same emission-related component(s) within their useful lives which, if 

uncorrected, results in the engines’ failure to comply with the emission 

standards prescribed under section 2442 which are applicable to the 

model year of such engines; or 

(B) a class of engines that at any time within their useful lives, although 

properly maintained and used, on average does not comply with the 

emission standards prescribed under section 2442 which 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, engine run, and engine 

shutoff. 

(40)(47) “Original equipment manufacturer” means a manufacturer 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 position to operate, houses the 
- 13 - 

engine and drive unit external to the hull of the marine 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 the vessel. An outboard drive 

unit is partially submerged during operation and can 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 powering a water jet pump as 

its primary source of propulsion and is designed with 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 confines of the hull. A vessel using 

an outboard engine as its primary source of propulsion 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, inboard engine or sterndrive 

engine, except that the Executive Officer may, in his or her discretion, classify a 

personal watercraft engine as an inboard or sterndrive engine if it is comparable 

in technology and emissions to an inboard or sterndrive engine a spark-ignition 

engine used to propel a personal watercraft. 

(43)(51) “Production-line tests” are emission tests performed on a sample of 

production engines produced for sale in California and conducted in accordance 

with Title 13, California Code of Regulations, section 2446(a). 

(52) “Rebuild” or “Rebuilding” refers to a major overhaul in which the engine's 

pistons or power assemblies are replaced or other changes 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 significantly increases the service life of 

the engine. For these provisions, rebuilding may or may not involve removing 

the engine from the equipment. Rebuilding does not normally include scheduled 

emission-related maintenance that the standard-setting part allows during the 

useful life period (such as replacing fuel injectors) or unscheduled maintenance 

that occurs commonly within the useful life period.

(44)(53) “Redline engine speed” means the engine manufacturer recommended 

maximum engine speed as normally displayed on instrument panel tachometers, 

or the engine speed at which fuel shutoff occurs. 

(45)(54) “Response rate,” with regards to oxygen sensors, refers 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 ratio above and below 

stoichiometric. 

(46)(55) “Sales” or “Eligible sales” means the actual or calculated sales of an 

engine family in California for the purposes of corporate averaging and 

production-line testing. Upon Executive Officer approval, an engine 
- 14 - 

manufacturer may calculate its eligible sales through market analysis of actual 

federal production or sales volumes. 

(47)(56) “Scheduled maintenance” means any adjustment, repair, removal, 

disassembly, cleaning, or replacement of components or systems required by the 

engine manufacturer to be performed on a periodic basis to prevent part failure 

or marine watercraft or engine malfunction, or those actions anticipated as 

necessary to correct an overt indication of malfunction 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 device) and with operating 

characteristics significantly similar to the theoretical Otto combustion cycle. 

Spark-ignition engines usually use a throttle to regulate intake air flow to control 

power during normal operation.

(48)(58) “Spark-ignition marine engine” means any engine used to propel a 

marine watercraft, and which utilizes the spark-ignition combustion cycle; 

including, but not limited to personal watercraft, outboard, inboard and 

sterndrive/inboard engines. 

(59) “Standard Performance Engine” or “Standard Performance SD/I Engine” 

means a spark-ignition sterndrive/inboard marine engine 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 external 

to the hull of the marine watercraft, while the engine is internal to the hull of the 

marine watercraft.

(60) “Sterndrive/inboard engine” or “sterndrive/inboard marine engine” means a 

spark-ignition engine that is used to propel a vessel, but is not an outboard 

engine or a personal watercraft engine. This includes engines on propeller 

driven vessels, jet boats, air boats, and hovercraft.

(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 “California Exhaust 

Emission Standards and Test Procedures for 2001 Model Year and Later 

Spark-Ignition Marine Engines,” which includes the standards and test 

procedures applicable to 2001 and later spark-ignition 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 new spark-ignition 

marine engine, the first person who in good faith purchases such new 

spark-ignition marine engine for purposes other than resale. 

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

(54)(65) “Used solely for competition” means exhibiting features 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 means nine years for 

personal watercraft engines and sixteen years for outboard, sterndrive, and 

sterndrive/inboard engines. 

(56)(67) “Warranty period” means the period of time the engine or part is covered 

by the warranty provisions. 

(57)(68) “Warranty station” means any dealer, service center 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, 43102, 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-ignition personal watercraft 

and outboard marine engines: 

(1) Exhaust emissions from new spark-ignition marine engines 

manufactured for sale, sold, or offered for sale in California, or that 

are introduced, delivered or imported into California for introduction 

into commerce must not exceed the hydrocarbon plus oxides of 

nitrogen (HC+NOx) exhaust emission standards listed in Table 1.1 

nor the carbon monoxide (CO) exhaust emission standards listed in 

Table 1.2 during its designated useful life: 

Table 1.1

Article I. Corporate Average Emission Standards by Implementation Date 

HC+NOx (g/kW-hr)

Model Year 

Max. Family 

Emission Limit (FEL)

Ptx < 4.3 kW1 Ptx ≥ 4.3 kW1

2001-2003 Not Applicable 81.00 (0.25 × (151+557/Ptx

0.9)) + 6.0 

2004-2007 80 64.80 (0.20 × (151+557/Ptx

0.9)) + 4.8 

2008 and Later244 30.00 (0.09 × (151+557/Ptx

0.9)) + 2.1 

1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maximum 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 Standards

ENGINE 

CATEGORY MODEL YEAR

POWER

CATEGORYa

[kilowatts]

CO STANDARD

[grams per kilowatt-hour]

kW ≤ 40 500 - 5 x Pc

OB/PWCb 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 maximum engine power; otherwise

maximum rated power may be used.

b Abbreviation for “Outboard and Personal Water Craft” engines

c P is defined as maximum rated power or maximum engine power (see footnote a) in kilowatts (kW)

where: 

Ptx is the average power in kilowatts (kW) (sales-weighted) of the 

total number of spark-ignition marine engines produced for sale in 

California in model year x. Engine power must be calculated using 

the Society of Automotive Engineers (SAE) standard J1228, 

November 1991, incorporated herein by reference. Engine 

manufacturers must not determine Ptx by combining the power 

outputs of outboard engines with the power outputs of personal 

watercraft engines. 

(2) An engine manufacturer may comply with the standards directly on 

an individual engine family basis. Consequently in Table 1.1, FELs 

are not applicable for any model year and Ptx 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: 

n ca

j

jx jx

n

j

jx jx jx

STD

PROD P

PROD FEL P

=

∑

∑

=

=

1

1

( )( )

( )( )( )

where: 

n = Total number of engine families (by category) 

PRODjx = Number of units each engine family j produced for

sale in California in model year x. 
- 18 - 

FELjx = 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 shall 

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 offering for 

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 manufacturer 

must also submit estimated production volumes for 

each engine family to be offered for sale in California. 

Pjx = The average power in kW (sales-weighted) of engine 

family j produced for sale in California in model year 

x. Engine power must be calculated using SAE 

standard J1228, November 1991, incorporated herein 

by reference. 

STDca = An engine manufacturer’s calculated corporate 

average HC+NOx exhaust emissions from those 

California spark-ignition marine engines subject to the 

California corporate average HC+NOx 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, engine 

manufacturers must not corporate average outboard engine 

families in combination with personal watercraft engine 

families. 

(B) During the engine manufacturer’s production year, for each 

engine family, the engine manufacturer shall provide 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 applicable 

FEL(s). 

(C) The Executive Order certifying the California production for a 

model year must be obtained prior to the issuance of 
- 19 - 

certification Executive Orders for individual engine families 

for the model year. 

(D) The engine manufacturer’s average HC+NOx 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 manufacturer must 

calculate a corrected corporate average using sales or 

eligible sales rather than projected sales. 

(E) Production and sale of spark-ignition marine engines 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; enjoinment 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 and Safety Code. 

Before seeking remedial action against the engine 

manufacturer, the Executive Officer will consider any 

information provided by the equipment manufacturer.

(F) For each model, the engine manufacturer shall submit 

California sales data ninety (90) days after the end of the 

model year. 

(b) Model year 2003 and later model year spark-ignition 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 engine 

manufacturer 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. 
- 20 - 

Table 2.1(a)

Standard Performance Inboard/Sterndrive/Inboard Marine Engine Standards 

RATED EXHAUST STANDARDS

POWER 

CATEGORY1

DURABILITY

NMHC23+NOx TYPE34 CO MODEL

YEAR 

[kilowatts] 

COMPLIANCE

OPTION12

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

kilowatt-hour]

SUPPLEMENTAL

MEASURE45

2003 -

 2006 kW ≤ 373 N/A N/A 16.0 AVE6

 None 

N/A 16.0 (55%) AVE6

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%) AVE6

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 5.06,7,8 FIXED 75.07,9

373 < kW ≤

485 1505

 / 3 5.06 AVE 

2009 

and later 

kW > 485

N/A 

505 / 1 5.06 AVE 

Carryover710

Notes: 

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

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

23. The non-methane component of hydrocarbonFor 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of nitrogen; however, the nonmethane component of hydrocarbon may be substituted in prior years

34. Corporate averaging (AVE) may be used to demonstrate compliance with the exhaust emission standard, except where a FIXED standard is required 

45. Supplemental measures may be different than shown, 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 warranty period shorter than 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 with or without power weighting for these years

67. 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 kWA single engine family certified under the discontinuation allowance in Title 13, California Code of Regulations, § 2442(g)(2) may continue to meet current 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 sufficiently low to enable compliance on a corporate average basis

8. Large volume dual category manufacturers are required to certify one or more engine families to a family emissions limit lower than the HC+NOx standard 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 E4 marine test cycle

710. The same or better supplemental emission control hardware used to meet the standard comply in 2007 must be used every model year thereafter and 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 

whether it will comply with the high performance exhaust 

standard of 5.0 g/kW-hr HC+NOx through averaging or

whether it will comply with the less stringent small volume 

high performance HC+NOx exhaust standard through the 

incorporation of enhanced evaporative control systems 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 Standards

HCb+NOx

STANDARD MODEL [grams per kilowatt-hour]

YEAR

POWERa

CATEGORY

[kilowatts] Small Volume or

Large Volume Single Category

Manufacturer

Large Volume

Dual Category

Manufacturer

CO

STANDARD

[grams per

kilowatt-hour]

373 < kW ≤ 485 16.0c

2009 -

2010 kW > 485 25.0c

5.0d

 350.0c

373 < kW ≤ 485 16.0c

2011 

and later kW > 485 22.0c

5.0d

 350.0c

a For 2010 and subsequent model years, an engine or engine family’s power category is based on maximum 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 nitrogen; 

however, the non-methane component of hydrocarbon may be substituted in prior years

c These standards are fixed except that engine families certified under the discontinuation allowance in Title 13, 

California Code of Regulations, § 2442(g)(2) may continue 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 one or more engine 

families to family emissions limits sufficiently low 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 between 

standard performance and high performance engines. Alternately, large volume dual category manufacturers may 

comply with the exhaust standards for small volume manufacturers provided a sufficient number of vessels with the 

manufacturer’s standard performance engines are equipped with enhanced evaporative control systems as noted in 

Title 13, California Code of Regulations, § 2442(b)(5). Manufacturers must declare their intent to use this alternative 

prior to certifying engines for the 2009 model year and must continue to certify future model year engines using this 

alternative exclusively across product lines

(C) No crankcase emissions shall be discharged into the 

ambient atmosphere from 2003 and later spark-ignition 

inboard and sterndrive/inboard marine engines. 

(D) Production and sale of spark-ignition marine engines 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; enjoinment 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 and Safety Code. 

Before seeking remedial action against the engine 

manufacturer, the Executive Officer will consider any 

information provided by the equipment manufacturer.

(E) For each engine family, the engine manufacturer shall 

submit the total number of engines produced for sale in 

California, or the total number of engines produced for sale 

nationally, ninety (90) days after the end of the model year. 
- 22 - 

(2) Evaporative Requirements for All High Performance Engine 

Manufacturers and Boat Manufacturers:

(A) For 2009 and subsequent model year engines, each engine 

manufacturer must provide written instructions, as part of the 

installation materials provided to boat manufacturers, 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 imported into California for 

introduction into commerce. The engine manufacturer shall 

also provide evidence that the supplier(s) of the enhanced 

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.

Table 2.2 Sterndrive/Inboard Marine Evaporative Design Specifications

PERMEATION

STANDARDS1

[grams per square meter 

per day]

DIURNAL

STANDARD2

[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 and a 24-hour fuel temperature cycle. 

(B) For 2009 and subsequent model year engines, each boat 

manufacturer must install an enhanced evaporative control 

system on every boat that is manufactured for sale, sold, or 

offered for sale in California that uses a high performance 

engine.

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

is calculated as follows: 

Corporate Average

PROD

PROD EL

n

j

jx

n

j

jx jx

=

∑

∑

=

=

1

1

( )

( )( )
- 23 - 

Corporate Average

(PROD )(P )

(PROD )(EL )(P )

n

j 1

jx jx

n

j 1

jx jx jx

=

∑

∑

=

=

where: 

n = Total number of engine families available for 

averaging 

PRODjx = Number of engines in engine family j produced for

sale in California in model year x. 

ELjx = The measured NMHC+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. 

Pjx = The average power in kW (sales-weighted) of engine 

family j produced for sale in California in model year 

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 provide 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 applicable 

EL(s). 

(B) The Executive Order certifying the California production for a 

model year must be obtained prior to the issuance of 

certification Executive Orders for individual engine families 

for the model year. 

(C) The engine manufacturer’s average NMHC+NOx 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 manufacturer must 

calculate a corrected corporate average using sales or 

eligible sales rather than projected sales. 

(D) Production and sale of spark-ignition marine engines 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 
- 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 43017 of the 

Health and Safety Code; and all other remedies available 

under Part 5, Division 26 of the Health and Safety Code. 

Before seeking remedial action against the engine 

manufacturer, the Executive Officer will consider any 

information provided by the engine 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 emissions level of 30.0 grams per 

kilowatt-hour of NMHC+NOx in their corporate averaging 

calculation.

 (3)

(4) Alternate Requirements for Standard Performance Manufacturers:

(A) Requirements of engine manufacturers and boat 

manufacturers under Option 2 and using Low Permeation 

Fuel Line Hose: 

(A)

1. Each engine manufacturer that chooses Option 2 must 

provide written instructions, as part of the installation 

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 imported 

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 manufactured 

for sale, sold, or offered for sale in California that 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 measure as an 

alternative to meeting the requirements of paragraph (b)(3). 
- 25 - 

In determining whether to approve a request, the Executive 

Officer will consider the following: 

(A) 1. Whether the proposed supplemental measure would 

achieve reductions in NMHC+NOx equivalent to using 

Low-Permeation Fuel Line Hoses, 

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

successful implementation of the proposed supplemental 

measure, 

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

and 

(D) 4. Any additional information the Executive Officer deems 

relevant. 

(5) Alternate Requirements for Large Volume Dual Category 

Manufacturers.

In lieu of complying with the 5.0 g/kW-hr HC+NOx exhaust standard 

in Table 2.1(b) for high performance engines, large volume dual 

category engine manufacturers may certify high performance 

engines to the same HC+NOx exhaust standards as required for 

small volume manufacturers in Table 2.1(b) provided that a 

sufficient number of boats using standard performance 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 certifying 

manufacturer, a minimum of fifteen percent annually of the large 

volume dual category manufacturer’s standard performance engine 

production for California must be installed in boats equipped with

enhanced evaporative control systems. Beginning with 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 imported 

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 small volume high

performance manufacturers in Table 2.1(b) of this section. 

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 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 certify its high performance 

engines using the HC+NOx standards 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 United States 

Environmental Protection Agency of Not-to-Exceed (NTE) requirements 

for spark-ignition marine engines, the Executive Officer shall have the 

authority to adopt the same NTE requirements for California; such that, for 

engines subject to these regulations, California would have full authority 

to enforce the NTE limits independently of the federal government. The 

federal NTE proposal can be found at "Control of Emissions from Nonroad 

Spark-Ignition Engines and Equipment," Federal Register Volume 76, 

Number 92, Friday, May 18, 2007, 28098, at pages 28279-28281, as 

discussed at pp. 28121-28124. There will be no additional 

demonstrations of NTE compliance unique to California 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 engines 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 compliant OBD-M system (see 

§ 2444.2) shall display a five-star consumer/environmental emission label 

(see § 2443.2 and § 2443.3).
- 27 - 

Table 3 - Voluntary Standards

PERMEATION

STANDARDS

[grams per

square meter per day]

HC1+NOX

STANDARD

[grams per

kilowatt-hour]

CO

STANDARD

[grams per

kilowatt-hour] Hose3

Tank4

DIURNAL

STANDARD2

[grams per

gallon per day]

2.50 50.0 15.0 1.5 0.4

1. The exhaust standard includes total hydrocarbons

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 performed at a

 test temperature of 23 ± 2 oCelsius

4 Fuel tank permeation testing requires gasoline fuel with 10% ethanol content and must be performed 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 requirements as engines 

certified to the required exhaust and evaporative standards.

(e) New Replacement Engine Requirements for Engine Manufacturers. 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 emissions 

configuration currently available that can be installed in a vessel or 

personal watercraft without unreasonable modifications, as determined by 

the Executive Officer. 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. New replacement engines that do not comply 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 determining 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 Manufacturers

(1) Jet Boat Engines

(A) Jet boat engine families previously certified to the HC+NOx 

standards for outboard engines and personal watercraft in 
- 28 - 

§ 2442(a) may continue to be certified to those standards

until 2012 with the additional requirement for 2009 and 

subsequent model years to comply with the applicable 

carbon monoxide standards for OB/PWC engines in Table 

1.2.

(B) Beginning in 2010, all new jet boat engine families shall

comply with the standards for sterndrive/outboard engines 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 previously 

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 certified 

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 engine 

families in 2012. 

(2) Discontinuation of Marinized Sterndrive/Inboard Engines. 

Sterndrive/inboard engine manufacturers who marinize base 

engines produced by another manufacturer may request a 

discontinuation allowance from the Executive Officer, 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 allowance for 

only one engine family in effect at any time. As an 

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 configuration

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 marinizing 

manufacturer to continue to certify the engine family to be 

discontinued to emission levels that are less stringent than 
- 29 - 

the standards otherwise required for sterndrive/inboard 

engines in § 2442 (b) for a total of four model years, 

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 previous model 

year versions of the same or similar engine family. 

Fluctuations in certification levels from year to year due to 

component variation would not violate this prohibition unless 

the fluctuations result in an exceedance of the standards 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 certified for the 

first time under paragraph (g)(2) of this section to 

emission levels that are less stringent than the standards 

otherwise required for sterndrive/inboard engines in 

§ 2442 (b); and

2. any current production engine family that has previously

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, reporting, and 

labeling, shall be applicable to manufacturers employing the 

discontinuation allowance provisions of this paragraph (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 manufacturer’s request for 

relief and the extent to which relief is provided:

(A) The manufacturer could not have reasonably anticipated the 

situation for which relief is requested and has substantiated 

that the circumstances resulting in the hardship were 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, implementable, 

and enforceable plan to make up for any emission benefits

that would be lost should the requested relief be provided.

(4) Executive Officer Discretion for Technical Changes.

The Executive Officer may revise or incorporate specific technical 

requirements with respect to the test procedures incorporated 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 requirement to enhance 

alignment with similar federal regulations promulgated after the 

amendments to this Article 4.7, as noticed June 6, 2008, are 

adopted. Such technical requirements shall be electronically 

noticed to listserv subscribers, shall be made available to the public 

via appropriate ARB webpage postings, and shall be noticed in the 

California Regulatory Notice Register. Such technical 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 procedures shall apply to all 

spark-ignition marine engines subject to the requirements of § 2422 that 

are rebuilt after December 31, 2009, including those engines that were

originally manufactured on, or prior to, December 31, 2009. 

 

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 

43104, Health and Safety Code. 

Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 

43205.5 and 43210-43212, Health and Safety Code. 
- 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 personal watercraft and 

outboard marine engines and model year 2003 and later 

spark-ignition inboard and sterndrive/inboard marine engines, 

which have been certified to the applicable emission 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 consider 

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 space to 

attach the label, the Executive Officer will determine a 

suitable location. 

* * * * * 

(4) The engine label must contain the following information: 

(A) * * * * * 

(B) The full corporate name or trademark of the engine 

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 third-party 

distributor. 

(ii)

2. Approval under paragraph (4)(B)(i)1. above does not 

relieve the engine manufacturer granted an engine family 

Executive Order of any requirements imposed by these 

provisions on the applicable engines. 

* * * * * 

(D) Identification of the Exhaust and/or Evaporative Emission 

Control System(s) (Abbreviations may be used and must 

conform to the nomenclature and abbreviations provided in 

the latest revision of the Society of Automotive Engineer's 

(SAE) procedure J1930, “Electrical/Electronic Systems 

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 the 

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 assigned 

federally for the engine family, the following statement shall 

be appended to the unconditional statement of compliance: 

“...AND IS CERTIFIED TO (specify FEL) g/kW-hr HC+NOx

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 engine 

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 third-party 

distributor. 

(ii)

2. Approval under paragraph (4)(B)(i)1. above does not 

relieve the engine manufacturer granted an engine family 

Executive Order of any requirements imposed by these 

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, 43102, 43104, 43105, 43150-43154, 

43205.5 and 43210-43212, Health and Safety Code. 
- 34 - 

§ 2443.2. Consumer / Environmental Label Requirements. 

(a) * * * * * 

(b) Applicability. This section applies to: 

(1) Model year 2001 and later spark-ignition personal watercraft and 

outboard marine engines and model year 2003 and later 

spark-ignition inboard and sterndrive/inboard marine engines, 

which have been certified to the applicable emission standards 

pursuant to Health and Safety Code section 43013; 

* * * * * 

(c) * * * * * 

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

Figure 1

(NOTE: Labels are not to scale.) 

(A) The engine manufacturer must ensure that the label has the 

following characteristics: 

(i)

1. Oval shape; 

(ii)

2. Dimensions of no less than three inches wide by two 

and a half inches high, except that it may be no less than 
- 35 - 

two inches by one and two-thirds inches high for engines 

that have power outputs of 11.2 kW (15 hp) or less;

(iii)

3. Watermark

(i) For all except five star labels, Aa 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 of 

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 fifteen 

percent; and 

(iv)

4. All written information required by paragraph (c)(4)(B) 

must be in the English language and the font must be sans 

serif. The characters must be a minimum of two (2)

millimeters in height except as specified in paragraph 

(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 certified 

at or below the hydrocarbon plus oxides of nitrogen standard 

listed in Table 1 of this section for Tier 1 must include 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 certified 

at or below the hydrocarbon plus oxides of nitrogen standard 

listed in Table 1 of this section for Tier 2 must include 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 certified 

at or below the hydrocarbon plus oxides of nitrogen standard 

listed in Table 1 of this section for Tier 3 must include 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 certified 

at or below the hydrocarbon plus oxides of nitrogen standard 

listed in Table 1 of this section for Tier 4 must include 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 certified 

at or below the hydrocarbon plus oxides of nitrogen standard 

listed in Table 1 of this section for Tier 5 must include 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/P0.9)) + 6.0

2 64.80 (0.20 × (151+557/P0.9)) + 4.8

3 30.00 (0.09 × (151+557/P0.9)) + 2.1

4 5.0 5.0

5 2.5 2.5

Where P means the average power in kW (sales-weighted) of the subject engine family.
- 37 - 

(iv)

6. All phrases encircling the top portion must have block 

characters that are a minimum of five (5) millimeters 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 labels must 

contrast with the engine cover or watercraft hull. The color 

of the interior oval (i.e., background for the stars) 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 of 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 manufactured and 

permanently affixed so that it cannot be removed without destroying 

or defacing the label, must be readily visible and must not be 

affixed to any location that is likely to be replaced during the 

engine's useful life. For the purposes of this paragraph, 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, cowlings or watercraft that had 

been previously labeled in accordance with these specifications must have 

identical or improved emissions to that of the original 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 43013, 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 year 2001 and later sparkignition personal watercraft and outboard marine engines and model year 

2003 and later spark-ignition inboard and sterndrive/inboard marine 

engines, which have been certified to the applicable emission standards 

pursuant to Health and Safety Code section 43013. 

(b) A nonpermanent label (i.e., hang tag) must be attached to each personal 

watercraft or outboard engine, as applicable, at time of sale. A 

nonpermanent label (i.e., hang tag) produced and supplied by the engine 

manufacturer must be attached, by the seller, to each inboard and

sterndrive/inboard engine or watercraft, as applicable, when introduced 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 than 

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 standards. Engines meeting these 

standards have 75% lower emissions than conventional carbureted two-stroke engines. These 

engines are equivalent to the U. S. EPA's 2006 standards 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 standards. 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 the Air Resources Board’s Personal Watercraft 

and Outboard marine engine 2008 exhaust emission standards 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 engines. 

<facsimile of the four-star label> 

Four Stars – Super Ultra Low Emission 

The four-star label identifies engines that meet the Air Resources Board’s Sterndrive and 

Inboard marine engine 2009 exhaust emission standards. 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 engines. 

<facsimile of the five-star label>

Five Stars - Level Five Extremely Clean

The five-star label identifies engines that meet the 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 identification or additional 

information> 
- 41 - 

(1) * * * * * 

(2) For outboard engines greater than 130 horsepower, facsimiles of 

only the “Low Emission Engine” and “Very Low Emission 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 earlier of: 

* * * * * 

(3) For personal watercraft, facsimiles of only the “Low Emission 

Engine” and “Very Low Emission 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 earlier of: 

* * * * * 

(4) For any spark-ignition marine engine or personal watercraft not 

certified to the voluntary standards in § 2442(d), facsimiles of only 

the “Low Emission Engine,” “Very Low Emission Engine,” “Ultra 

Low Emission Engine,” and “Super Ultra Low Emission Engine” 

labels described in §§ 2443.2(c)(1)(B)1. through 2443.2(c)(1)(B)4. 

need to be displayed on the nonpermanent label, except as 

permitted in (b)(2) and (b)(3) of this section:

(4)

(5) All textual information (i.e., characters and/or lettering) required by 

this section must be no smaller than two (2) millimeters in height. 

(c) * * * * * 

(d) Samples of all labels produced pursuant to this section must be submitted 

to the Executive Officer with the applicable certification application. The 

Executive Officer may require a demonstration of durability 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 conditions.

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 

43104, Health and Safety Code. 

Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 

43205.5 and 43210-43212, Health and Safety Code. 
- 42 - 

§ 2444.1. In-Use Compliance Testing and Recall Regulations – Model Year 

2001 and Later Spark-Ignition Marine Engines. 

(a) Applicability. This section applies to model year 2001 and later sparkignition personal watercraft and outboard marine engines, 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 compliance 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 that 

no engine fails any standard. For each failing engine, 

two (2) more engines must be tested until the total

number equals ten. 

(ii)

2. For engine families of less than 50 engines (California 

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 until 

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 conducted 

as outlined in paragraphs (b)(3)(B), as applicable.

* * * * * 

(E) * * * * * 
- 43 - 

(i)

1. engine family production in California is less than or 

equal to 20 per year; or 

(ii)

2. engines cannot be obtained for testing because they 

are used substantially in watercraft that are not 

conducive to engine removal such as large watercraft 

where the engine cannot be removed without 

dismantling either the engine or the watercraft; or

(iii)

3. other compelling circumstances associated with the

structure of the industry and uniqueness of sparkignition marine engine applications. Such alternatives 

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 with 

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 according 

to the test procedures outlined in Part IV of the Test 

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 are 

not necessary to determine in-use compliance. 

(v)

5. If a selected in-use engine fails to comply with any 

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 begun, 

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 affected 

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 by 

the nonconformity. 

(vii)

7. Number of engines receiving repair under the recall 

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 dealers 

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 and an 

explanation must be submitted. Responses to subsections 

(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, 43102, 43104, 43105, 43150-43154, 

43205.5 and 43210-43212, Health and Safety Code. 
- 47 - 

§ 2444.2. On-Board Engine Malfunction Detection System Requirements - 

Model Year 2007 and Later Spark-Ignition Inboard and

Sterndrive/Inboard Marine Engines. 

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

All 2007 and 2008 model year spark-ignition inboard and standard 

performance sterndrive/inboard marine engines certified to the 

5.0 grams per kilowatt-hour HC+NOx standard shall comply with 

the requirements for subsections (b) through (i) below, except as 

noted. For all 2009 model year and later spark-ignition inboard and

standard performance sterndrive/inboard marine engines, the 

requirements in italics shall also apply. 

(2) Engines certified under Option 2 of Section 2442(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) below, except as 

noted. For all 2010 model year and later spark-ignition 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 performance 

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 section. 

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 section.

(b) General requirements. 

(1) Spark-ignition sterndrive and inboard/inboard marine engines sold 

as new shall be equipped with an integrated malfunction detection 

and notification system, hereinafter known as On-bBoard 

Diagnostics-Marine (OBD-M) system, to identify emission-related 

malfunctions of the catalyst, fuel system, primary oxygen sensors 

used for feedback fuel control, secondary oxygen sensors (if 
- 48 - 

equipped) used for catalyst monitoring, computer-sensed 

comprehensive components, and the on-board computer itself, by 

means of diagnostic trouble codes stored in non-volatile computer 

memory. For this section, a computer-sensed comprehensive 

component is any electronic device that: 

(A) provides information to the on-board computer and 

significantly impacts emissions when malfunctioning; or 

(B) is used to enable or disable any other OBD-M monitoring 

strategy. 

(2) For model years 2010 and subsequent, tThe OBD-M system shall 

not be required to identify engine misfire per the provisions 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. EPA, the U.S. 

Coast Guard, the marine industry, and catalyst manufacturers) 

identify whether, and to what extent, misfire in spark-ignition 

inboard and sterndrive marine engines may affect catalyst durability 

and performance. If the Executive Officer determines that engine 

misfire is a significant factor in reducing the durability and/or 

performance of marine catalysts, engine manufacturers shall be 

required to incorporate appropriate misfire detection diagnostics 

into the OBD-M system. In that case, the provisions in subsection 

(c)(5) shall be considered sufficient for satisfying the obligation to 

monitor misfire. Alternate misfire monitoring strategies shall be 

considered by the Executive Officer and may be implemented in 

lieu of subsection (c)(5) if demonstrated by the engine manufacturer 

to provide an equivalent degree of catalyst protection. Otherwise 

the provisions of that subsection shall be voluntary. In making a 

determination, 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 

detection hardware (e.g., sensors) if necessary, and to develop 

engine-specific calibrations to accommodate misfire monitoring. 

Notwithstanding, misfire monitoring shall not be required prior to the 

2009 model year, and may be delayed beyond that date pending 

Executive Officer discretion.

(3) The OBD-M system shall not be required to detect any 

emissions-related malfunction that prevents the engine from 

starting. The OBD-M system shall not be required to monitor any 

emissions-related component or system if the only reliable way to 

accomplish such monitoring would either significantly impair 
- 49 - 

engine/vessel operability or decrease the safety involved with 

operating the engine/vessel. 

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

visual alert device located on the marine vessel to inform vessel 

occupants in the event of a malfunction, and to transmit diagnostic 

information locally via a standardized data link connector. 

(5) Spark-ignition sterndrive and /inboard marine vessels shall be 

equipped with an audio alert device and/or visual alert 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 provide sufficient 

volume and intensity to be readily perceptible to vessel 

occupants during normal modes of vessel operation and 

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 impede the 

function of required sound-signaling devices, or other safetyrelated devices, already present on the vessel. The audio 

alert device shall sound briefly in the engine-run key position 

before engine cranking to indicate that the audio alert device 

is functional. 

(B) If equipped, the visual alert device shall provide sufficient 

activation and be located such that it is readily visible under 

normal lighting conditions, but shall in no way impede the 

function of any visual distress-signaling device, fog 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 Required" or an 

equivalent standardized phrase or symbol to be determined 

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 manufacturer. 

However, the engine manufacturer must demonstrate that the 

determination of these thresholds is sufficient for detecting 

emission-related malfunctions in a timely and meaningful manner 

subject to Executive Officer approval (see Subsection (f)(2)). 

(7) Regarding diagnostic system monitoring and audio/visual alert 

device activation requirements, engine manufacturers are required 

to define monitoring conditions that are representative of typical 
- 50 - 

in-use operation, and which will result in the routine 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, and for model years 

2009-2010 on engines complying with paragraph (a)(3) of this 

section, activation of the audio/visual alert device upon detection of 

excessive engine misfire or a catalyst, fuel system, or oxygen 

sensor malfunction shall be optional. However, there are no 

exemptions from storing diagnostic trouble codes in non-volatile 

computer memory during these model years for any malfunction. 

The OBD-M must be capable of fully communicating stored 

information to a generic scan tool via the standardized data link 

connector. 

(9) Engine manufacturers may employ alternate statistical 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 timeliness in 

detecting a malfunction and evaluating system performance. 

(10) Should emission control devices/strategies be introduced on the 

engine in addition to those identified herein as requiring monitoring 

(e.g., exhaust gas recirculation), the engine manufacturers 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 emission reduction requirements of

evaporative requirements for high performance engines in 

§ 2442(b)(2), the Option 2 requirements for standard performance 

engines in § 2442(b)(4), or the alternative requirements for large 

volume dual category manufacturers in § 2442(b)(5) in Section 

2442(b)(1). 

(11) Engine manufacturers may request Executive Officer approval to 

disable any diagnostic strategy at ambient engine starting 

temperatures below forty (40) degrees Fahrenheit (low ambient 

temperature conditions may be determined based on intake 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/or 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 the engine 

manufacturer adequately demonstrates with data and/or an 
- 51 - 

engineering evaluation that misdiagnosis would occur due to the 

impact of such ambient temperatures on the performance of the 

component itself. 

(12) Engine manufacturers may disable individual monitors that can be 

affected by running out of fuel, provided disablement 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 for compliance with 

the requirements of this section, with respect to an engine model or 

engine family, if the engine manufacturer demonstrates that a 

present electronic control system cannot be modified 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 schedule, would 

be needed to comply with the provisions of the regulation. The 

period of extension shall not exceed that period of time necessary 

to enable modification of the electronic control system 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 later than six 

months prior to the applicable model year, submit to the Executive 

Officer a written request for exemption, setting forth the required 

demonstration and specifying the period for which the extension is 

requested. 

(14) All engines certified to the 5.0 gram per kilowatt-hour NMHC+NOx 

standard, including those engines certified using the 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, current production 

engines not yet required to possess an OBD-M system would not 

be required to incorporate OBD-M under the discontinuation 

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 available. 

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, indicating 

“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 sensor 

frequencies to catalyst conversion efficiency) may be 

employed by the engine manufacturer if the alternate 

criteria are appropriate and would provide for 

enhanced monitoring capability. 

(C) Monitoring conditions: 

(i)

1. The engine manufacturer shall define conditions for 

monitoring the catalyst with the constraints that the 

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 next 

operating cycle during which monitoring occurs provided 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 has been 

cleared (except diagnostic system self-clearing), but 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 delivery 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 shall include 

as one of the malfunction criteria the condition where the 

trim circuitry has used up all of the trim adjustment 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 capability, 

the diagnostic system shall store a diagnostic trouble 

code after the fuel system has attained the criteria 

limit for an engine manufacturer-defined time interval 

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 which 

the criteria and interval are again exceeded; unless 

operating conditions similar to those under which the 

problem was originally detected 

(manufacturer-defined conditions) have been 

encountered without such an exceedance, in which 

case the initial temporary code and stored conditions 

may be erased. Furthermore, if similar operating 

conditions are not encountered during forty (40) 

operating cycles subsequent to the initial detection of 

a malfunction, the initial temporary code and stored 

conditions may be erased. 

(ii)

2. For fuel systems with long-term fuel trim capability, 

upon attaining a long-term based malfunction criteria 

limit independent of, or in combination with, the 

short-term trim system status, the audio/visual alert 

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 detected. If 

the malfunction is not detected during the second 

operating cycle, the audio/visual alert device shall 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 initial 

temporary code and stored conditions may be 

erased. Furthermore, if similar operating conditions 

are not encountered during forty (40) operating cycles 

subsequent to the initial detection of a malfunction, 

the initial temporary code and stored conditions may 

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 control) 

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 leaner 

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 and 

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 of 

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 will 

result in an accurate and timely evaluation of the 

sensor. 

(iii)

3. For sensors with different characteristics, the engine 

manufacturer shall submit data and an engineering 

evaluation to the Executive Officer for approval based 

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 determined 

by the engine manufacturer, are exceeded, or when sensor 

output characteristics are no longer sufficient (e.g., lack of 

sensor switching) for use as a diagnostic system monitoring 

device (e.g., for catalyst efficiency monitoring). 

(C) Monitoring conditions: 

(i)

1. The engine manufacturer shall define conditions for 

monitoring the oxygen sensor(s) with the constraints 

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 control, 

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 strategy for 

the catalyst, the oxygen sensor(s) diagnostics should 

be scheduled to execute before the catalyst 

diagnostics begin. 

(D) Malfunction notification and diagnostic trouble code storage: 

Upon detection of any oxygen sensor malfunction, the 

diagnostic system shall store a diagnostic trouble code and 

the audio/visual alert device shall activate no later than the 

end of the next operating cycle during which monitoring 

occurs provided the malfunction is again present. 

(4) Computer-sensed comprehensive component monitoring. 

(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 operating 

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 input device. 

The determination of out of range values shall include 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 reasonable at a 

high engine speed with a high mass airflow sensor reading). 

To the extent feasible, said logic evaluation shall be "twosided" (i.e., verify a sensor output is not inappropriately high 

or low). 

(ii)

2. Computer-sensed comprehensive components may 

include, but are not limited to, the engine speed sensor, 

crank angle sensor, knock sensor, throttle position sensor, 

coolant temperature sensor, cam position sensor, and other 

electronic components such as sensors and fuel injectors. 

(iii)

3. The coolant temperature sensor shall be monitored 

for achieving a stabilized minimum temperature level that is 

needed to achieve closed-loop operation within an engine 

manufacturer-specified time interval after starting the engine. 

The time interval shall be a function of starting engine 

coolant temperature and/or a function of intake air

temperature. Engine manufacturers may suspend or delay 

the diagnostic if the engine is subjected to conditions which 

could lead to false diagnosis (e.g., engine operation 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), engine 

manufacturers shall define appropriate operating conditions 

that are representative of typical in-use operation and will 

result in the routine execution and completion of all 

diagnostics in-use. Rationality monitoring shall occur at 

least once per operating cycle during which the engine 

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 audio/visual 

alert device no later than the end of the next operating cycle 

during which monitoring occurs provided the malfunction is 

again detected. 

(5) Misfire monitoring. 

The provisions in this subsection shall be considered 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 catalyst 

system. Identification of the misfiring cylinder is not 

required, however all patterns of misfire must be identified 

regardless of whether it occurs in a single or multiple 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 speed 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 each 

increment. These threshold percentages shall be provided 

in the certification documentation. Subject to Executive 

Officer approval, an interval longer than 200 

crankshaft-revolutions may be used. The engine 

manufacturer shall submit in the certification documentation 

catalyst temperature data versus percent misfire over the full 

range of engine speed and load conditions. Alternatively, 

catalyst temperature data may be submitted for every 

500 rpm increment along the Propeller Law curve beginning 
- 59 - 

at engine idle and continuing throughout the "Not to Exceed 

Zone" for marine propulsion engines with Fixed- and

Variable-pitch propellers, as defined in 40 CFR, section 

94.106, (July 1, 2001), which is incorporated by reference 

herein. The data shall be obtained from a representative 

cross section (from small to large displacements) of an 

engine manufacturer's production. Up to three such engine 

evaluations shall be documented per engine manufacturer, 

though an engine manufacturer may submit more data, if 

desired. An engineering evaluation shall be provided for 

establishing malfunction criteria for the remainder of engine 

families in the engine manufacturer's product line. The 

Executive Officer shall waive the evaluation requirement 

each year if, in the judgment of the Executive Officer, 

technological changes do not affect the previously 

determined malfunction criteria. 

(C) Monitoring conditions: 

(i)

1. Monitoring for misfire shall be continuous from engine 

starting under all steady-state positive torque engine 

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 torque 

line (i.e., engine load with the transmission in neutral), 

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 misfire 

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 detection 

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 misfire 

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 engine 

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 emerge 

from then re-submerge into the water.) when using 

the best reasonably available monitoring technology. 

The engine manufacturer shall present data and/or an 

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 to 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 engines 

with greater than eight cylinders, the Executive Officer 

shall waive the requirements of this section provided 

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 in 

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 emission-related 

components/systems, upon final determination of a malfunction, the 

OBD-M system shall activate an audio or visual alert device. 

(A) If so equipped, visual alert devices shall remain activated 

continuously whenever a malfunction has been identified by 

the OBD-M system, and may be deactivated only according 

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 must convey 

a sense of urgency to vessel operators regarding the 

presence of OBD-M malfunctions. 

Upon fulfillment of the standardization processes referred to in 

subsection (g) below, a protocol for audio alert device activation 

shall be specified authorizing only discontinuous activation. A 

standardized notification format is necessary to facilitate consumer 

association of the audio alert pattern with the identification of an 

OBD-M malfunction independent of manufacturer or platform. 

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 algorithms 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 alert device 

and shall store a diagnostic trouble code whenever the 

engine enters a default or "limp home" mode of operation. 

The diagnostic system shall activate the audio/visual alert 

device and shall store a diagnostic trouble code whenever 

the engine control system fails to enter closed-loop operation 
- 63 - 

(if employed) within an engine manufacturer specified 

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 monitored during 

three subsequent sequential operating cycles in which 

conditions are similar to those under which the malfunction 

was first determined. 

(B) All Other Malfunctions: For all other faults, the audio/visual 

alert device may be deactivated after three subsequent 

sequential operating cycles during which the monitoring 

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 device 

according to the requirements outlined above. 

(3) Erasing a diagnostic trouble code: The diagnostic system may 

erase a diagnostic trouble code if the same fault is not re-registered 

in at least forty (40) engine warm-up cycles, and the audio/visual 

alert device is not activated for that diagnostic trouble code. 

(e) Tampering protection: Computer-coded engine operating parameters shall 

not be changeable without the use of specialized tools and procedures 

(e.g. soldered or potted computer components or sealed (or soldered) 

computer enclosures). Subject to Executive Officer approval, engine 

manufacturers may exempt from this requirement those 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 the engine, and sales 

volume. 

(f) Certification documentation: The engine manufacturer shall submit the 

following documentation for each engine family at the time of certification. 

With Executive Officer approval, one or more of the documentation 

requirements specified in this section may be waived or altered if the 

information required would be redundant or unnecessarily burdensome to 

generate: 

(1) A written description of the functional operation 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 -controlled) 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 signal of primary 

parameter. 

(E) other monitored secondary parameters and conditions (in 

engineering units) necessary for malfunction detection. 

(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 component or 

system. To the extent possible, abbreviations in SAE J1930 

"Electrical/Electronic Systems Diagnostic Terms, Definitions, 

Abbreviations, and Acronyms," May 1998, shall be used. J1930 is 

incorporated by reference herein. The information required in the

chart table under (2) above may instead be included in this flow 

chart, provided all of the information required in (2) is included. 

(4) A listing and block diagram of the input parameters used to 

calculate or determine calculated load values and the input 

parameters used to calculate or determine fuel trim values. 

(5) Any other information determined by the Executive Officer to be 

necessary to demonstrate compliance with the requirements of this 

section. 

(g) Confirmatory testing: The ARB may perform confirmatory testing of engine 

manufacturers' diagnostic systems for compliance with requirements of 

this section in accordance with malfunction criteria 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 test engine (or simulate a 

deteriorated or malfunctioning component response) in order to test the 

fuel system, oxygen sensor, catalyst system, and misfire (if applicable) 

monitors for compliance with the applicable constraints in this section. 
- 65 - 

Diagnostic systems of a representative sample of engines that uniformly 

fail to meet the requirements of this section may be 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, including diagnostics 

trouble code formats, communication, and scan tool protocols. 

(i) Implementation schedule. 

(1) These OBD-M requirements, unless otherwise specified, 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 this 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 engines complying with 

(a)(3) of this section. 

(3) The Executive Officer, upon receipt of an application from the 

engine manufacturer, may certify the engines in question even 

though said engines may not comply with one or more of the 

requirements of these subsections. Such certification is contingent 

upon the extent to which these requirements are satisfied overall on 

the engine applications in question and a demonstrated good-faith 

effort to meet these requirements in full by evaluating and 

considering the best available monitoring technology. Each 

incident of non-compliance will be recorded as a deficiency. 

(A) Engine manufacturers of non-complying systems shall be 

subject to fines pursuant to section 43016 of the California 

Health and Safety Code for each deficiency identified 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 years. 

(B) For the third deficiency and every deficiency thereafter 

identified in an engine model, the fines shall be in the 

amount of $25 per deficiency per engine for non-compliance 

with any of the monitoring requirements specified in 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, 43004, 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 Year 2001 and Later 

Spark-Ignition Marine Engines. 

(a) Applicability. This section applies to model year 2001 and later 

spark-ignition personal watercraft and outboard marine engines, and to 

model year 2003 and later spark-ignition inboard and 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 personal 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 inboard 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 gaskets 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 the yearly warranty 

period specified in paragraph (c). For Outboard and Personal 

Watercraft engines, and for inboard/sterndrive/inboard engines 

greater than 485 kilowatts, manufacturers may warrant engines for 

the hour warranty period if the engines: 

(A) are equipped with hour meters; (an ECM-integrated 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, 43102, 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 verbatim copy of the following 

statement with each new 2001 model year and later spark-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 applicable to the engine. 

CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT 

YOUR WARRANTY RIGHTS AND OBLIGATIONS

The California Air Resources Board (and engine manufacturer'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 designed, built and 

equipped to meet the State's stringent anti-smog standards. (Engine 

manufacturer's name) must warrant the emission control 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 catalytic converter. Also 

included may be hoses, belts, connectors and other emission-related 

assemblies. 

Where a warrantable condition exists, (engine manufacturer's name) will 

repair your (inboard, sterndrive/inboard, outboard or personal watercraft) 

engine at no cost to you, including diagnosis, parts and labor. 

MANUFACTURER’S WARRANTY COVERAGE:

(For spark-ignition personal watercraft and outboard marine engines:) 

Select emission control parts from model year 2001 and later (outboard or 

personal watercraft) engines are warranted for 4 years, 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 or equal to 485 

kilowatts:) 

Select electronic emission-related control parts from model year 2009 and 

later (inboard or sterndrive/inboard) engines are warranted for 3 years or 

480 hours, whichever first occurs. Select mechanical emission-related 

components are warranted for 3 years or 150 hours of 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 from model year 2009 and 

later (inboard or sterndrive/inboard) engines are warranted for 3 years or 

480 hours, whichever first occurs. Select mechanical emission-related 

components are warranted for 1 year or 50 hours of operation, whichever 

first occurs. 

However, warranty coverage based on the hourly period is only permitted 

for engines that are equipped with hour meters as defined 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 performance of the required 

maintenance listed in your owner's manual. (Engine manufacturer's 

name) recommends that you retain all receipts covering maintenance on 

your (inboard, sterndrive/inboard, outboard or personal watercraft) engine, 

but (engine manufacturer's name) cannot deny warranty solely for the lack 

of receipts or your failure to ensure the performance of all scheduled 

maintenance. 

– As the (inboard, sterndrive/inboard, outboard or personal watercraft) 

engine owner, you should however be aware that (engine manufacturer's 

name) may deny you warranty coverage if your (inboard,

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 (engine manufacturer's 

name) distribution center as soon as a problem exists. 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 rights 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, 43102, 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 Spark-Ignition 

Marine Engines. 

(a) Applicability. This section applies to 2001 and later spark-ignition 

personal watercraft and outboard marine engines. The allowable methods 

of production-line testing are specified in subsections (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 days 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 subsections (d) and (e) of 

this section. Inboard and sterndrive engines certified using the provision 

in Section 2442(b)(2)(F) are exempt from this Section. 

(b) 2001 and Later Model Year Quality-Audit Production Line Test Procedures 

* * * * * 

(4) * * * * * 

(B) * * * * * 

(i)

1. The total production and sample size for each engine 

family. 

(ii)

2. Engine identification numbers and explanation of the 

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, engine 

or equipment identification number, fuel system, 

dynamometer power absorber setting in horsepower 

or kilowatts, engine code or calibration number, and 

test location). 
- 73 - 

(v)

5. The exhaust emission data for HC+NOx for each test

engine or equipment. The data reported shall provide 

two significant figures beyond the number of 

significant figures in the applicable emission standard. 

(vi)

6. The retest emissions data, as described in Paragraph 

(v5.) 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 results 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+NOx. 

(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 in 

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 year 

according to the Sample Size Equation in paragraph 

(c)(1)(B) of this section. 

(ii)

2. For carry-over engine families: After one engine is 

tested, the engine manufacturer must combine the 

test with the last test result from the previous model 

year and then calculate the required sample size for 

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 engine 

models within the engine family must be included in

the sample pool. Each selected engine for qualityaudit testing must pass the inspection test, by being 

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 family 

using the Sample Size Equation below. N is 

calculated from each test result. The number N 

indicates the number of tests required for the model 

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

+ 











−

∗

=

x FELjx

t

N

σ

where: 

N = Required sample size for the model year. 

T95 = 95% confidence coefficient. It is dependent on the 

actual number of tests completed, n, as specified in 

the table in paragraph (c)(1)(B)(ii)2. of this section. It 

defines one-tail, 95% confidence intervals. 

FELjx = Family Emission Limit 

σ = Actual test sample standard deviation calculated from 

the following equation: 

1

( )

2

−

−

=

∑

n

Xi x

σ

where: 

Xi = Emission test result for an individual engine 

x = Mean of emission test results of the actual sample 

n = The actual number of tests completed in an engine 

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 t95 n t95 n t95 

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 size, 

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 sample 

mean, x, for any regulated pollutant is greater than 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 testing 

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 pollutant 

for each engine family. Test results used to calculate 

the variables in the Cumulative Sum Equation must 

be final deteriorated test results as defined in 

paragraph (c)(3)(C). 

Ci = max[0 or (C i − 1 + Xi − (FELjx + F))]

where: 

Ci = The current Cumulative Sum statistic 

Ci-1 = The previous Cumulative Sum statistic. Prior to any 

testing, the Cumulative Sum statistic = 0 (i.e., C 0 = 0) 
- 78 - 

Xi = The current emission test result for an individual 

engine 

FELjx = Family Emission Limit 

F = 0.25 × σ

After each test, C i is compared to the action limit, H, the quantity that the 

Cumulative Sum statistic must exceed, in two (2) consecutive tests, before 

the engine family may be determined to be in noncompliance 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 recalculated 

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 certification for an 

engine family as specified in Part I, section 28 or 29 of the 

Test Procedures by performing an engine family modification 

(i.e., a change such as a running change involving a physical 

modification to an engine, a change in specification or 

setting, the addition of a new configuration, or the use of a 

different deterioration factor), all previous sample size and 

Cumulative Sum statistic calculations for the model year will 

remain unchanged. 

(iv)

4. A failed engine is one whose final deteriorated test 

results pursuant to paragraph (c)(3)(C), for a regulated 

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) consecutive 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 requirement 

of this paragraph if the engine manufacturer does not have a 

failing engine family in the prior two model years of testing. 

(vii)

7. All results from previous quarters of the same model 

year must be included in the on-going Cumulative Sum 

analysis, provided that the engine family has not failed (e.g., 

if three engines of a family were tested in the first quarter, 

the first test of the second quarter would be considered as 

the fourth test). 

(viii)

8. If the Cumulative Sum analysis indicates that an 

engine family has failed, the engine manufacturer must notify 

the Chief of the Mobile Source Operations Division, in writing 

and by telephone, within ten working days. Corrective action 

will be taken as noted in paragraph (c)(4)(E). 

(ix)

9. If an engine manufacturer performs corrective action 

on a failed engine family and then resumes production, all 

previous tests will be void, and Cumulative Sum analysis will 

begin again with the next test. 

* * * * * 

(3) * * * * * 

(D) If, at any time during the model year, the Cumulative Sum statistic 

exceeds the applicable action limit, H, in two (2) consecutive tests, 

the engine family may be determined to be in noncompliance and 

the engine manufacturer must notify the Chief of the Mobile Source 

Operations Division and the Manager of the New Vehicle Audit 

Section, P.O. Box 8001, 9528 Telstar Avenue, El Monte, 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 manufacturer'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 each 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 equipment 

identification number, fuel system, dynamometer power 

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 model 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 conducted 

and description of accumulation procedure and 

schedule; 

c. Test number, date, test procedure used, initial test 

results before and after rounding, and final test results 
- 81 - 

for all exhaust emission tests, whether valid or invalid, 

and the reason for invalidation, if applicable; 

d. The exhaust emission data for CO, NOx 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 paragraph 

(b)(4)(B)(vi)6. of this section, for any engine or 

watercraft failing the initial test, and description 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 engines; 

g. A Cumulative Sum analysis, as required in paragraph 

(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 new 

engines being manufactured by the engine 

manufacturer do in fact conform with the regulations 

with respect to which the Executive Order was issued; 

(viii)

8. For each failed engine as defined in paragraph (vii)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 in production 

during the quarter regardless of sample size. 
- 82 - 

* * * * * 

(d) Test Procedures Applicable to All Production-Line and Selective 

Enforcement Audit Testing. 

* * * * * 

(3) * * * * * 

(D) If an engine manufacturer determines that the emission 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 production-line testing, or as 

required by the ExecuriveExecutive 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 time 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 noncompliance pursuant 

to paragraphs (b)(3)(C) or (c)(2)(A)(v)5. This suspension will not 

occur before fifteen (15) days after the engine family is 

determined to be in noncompliance. 

(C) If the results of testing pursuant to these regulations indicate that 

engines of a particular family produced at one plant 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 family 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 Order, the 

Executive Officer may suspend such Executive Order 

immediately in whole or in part if the Executive Officer 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 incomplete 

information in any report or information provided to 

the Executive Officer under this section. 

(iii)

3. The engine manufacturer renders inaccurate any test 

data submitted under this section. 

(iv)

4. An ARB enforcement officer is denied the opportunity 

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 section 
- 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 manufacturer in writing 

of any suspension or revocation of an Executive Order in whole 

or in part. A suspension or revocation is effective upon receipt of 

the notification or fifteen (15) days from the time an engine family 

is determined to be in noncompliance pursuant to paragraph 

(d)(1), except that the Executive Order is immediately 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 Order 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 manufacturer to 

the Executive Officer, is one requiring a design change or 

changes to the engine and/or emission control system as 

described in the application for certification of the 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 section, the engine 

manufacturer must take the following actions before the 

Executive Order is reinstated for that failed engine: 

(i)

1. Remedy the nonconformity; 

(ii)

2. Demonstrate that the engine conforms to its 

applicable FEL by retesting the engine in accordance 

with these regulations; and 

(iii)

3. Submit a written report to the Executive Officer, after 

successful completion of testing on the failed engine, 

that contains a description of the remedy and test 

results for each engine in addition to other information 

that may be required by this part. 

(H) Once an Executive Order for a failed engine family has been 

suspended pursuant to paragraphs (d)(5)(B), (C) or (D) of this 

section, the engine manufacturer must take the following actions 

before the Executive Officer will consider reinstating the 

Executive Order: 
- 85 - 

(i)

1. Submit a written report to the Executive Officer that 

identifies the reason for the noncompliance of the engines, 

describes the proposed remedy, including a description of 

any proposed quality control and/or quality assurance 

measures to be taken by the engine manufacturer to prevent 

future occurrences of the problem, and states the date 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 comply 

with the regulations of paragraphs (b) or (c), as applicable, 

by testing as many engines as needed 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. 

Such testing must comply with the provisions of paragraphs 

(b) or (c), as applicable. If the engine manufacturer elects to 

continue testing individual engines after suspension of an 

Executive Order, the Executive Order is reinstated for any 

engine actually determined to be in conformance with the 

emission standards through testing in accordance with the 

applicable test procedures, provided that the Executive 

Officer has not revoked the Executive Order pursuant to 

paragraph (d)(5)(F) of this section. 

(I) Once the Executive Order has been revoked for an engine family, if 

the engine manufacturer wants to introduce into commerce a 

modified version of that family, the following actions must be 

taken before the Executive Officer may issue an Executive Order 

for that modified family: 

(i)

1. If the Executive Officer determines that the proposed 

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 sufficient 

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 that 

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 Executive 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 may be allowed 

by the Executive Officer) after notification of the Executive 

Officer's decision to suspend or revoke an Executive 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 Code of 

Regulations, as to whether the tests have been properly 

conducted or any sampling methods have been properly applied. 

(K) Any suspension of an Executive Order under paragraph (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 possession 

of the engine manufacturer. 

* * * * * 
- 87 - 

(e) Selective Enforcement Auditing Regulations. 

(1) Test Orders. 

(A) A test order addressed to the engine manufacturer is required for 

any testing under paragraph (e). 

(B) The test order is signed by the Executive Officer or his or her 

designee. The test order must be delivered in person by an ARB 

enforcement officer or ARB authorized representative to a 

company representative or sent by registered mail, return receipt 

requested, to the engine manufacturer's representative who 

signed the application for certification submitted by the engine 

manufacturer, pursuant to the requirements of the applicable 

portions of Title 13, California Code of Regulations, section 2447. 

Upon receipt of a test order, the engine manufacturer must 

comply with all of the provisions of this subsection and 

instructions in the test order. 
- 88 - 

(C) Information included in test order. 

(i)

1. The test order will specify the engine family to be 

selected for testing, the engine manufacturer's engine 

assembly plant or associated storage facility or port facility 

(for imported engines) from which the engines must be 

selected, the time and location at which engines must 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 manufacturers are 

required to select a minimum of four engines per day unless 

an alternate selection procedure is approved pursuant to 

paragraph (e)(2)(A), or unless total production of the 

specified configuration is less than four engines per day. If 

total production of the specified configuration is less than 

four engines per day, the engine manufacturer selects the 

actual number of engines produced per day. 

(ii)

2. The test order may include alternate families to be 

selected for testing at the Executive Officer's discretion 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 being 

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 case of engine 

manufacturers specified in paragraph (e)(4)(G)(i) of this 

section, or one engine per day in the case of engine 

manufacturers specified in paragraph (e)(4)(G)(ii) of this 

section, over the expected duration of the audit, the 

Executive Officer or her or his designated representative 

may select engines of the alternate family for testing. 

(iv)

4. In addition, the test order may include other directions 

or information essential to the administration of the required 

testing. 

(D) An engine manufacturer may submit a list of engine families and 

the corresponding assembly plants, associated storage facilities, 

or (in the case of imported engines) port facilities from which the 
- 89 - 

engine manufacturer prefers to have engines selected for testing 

in response to a test order. In order that an engine 

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. Notwithstanding the fact that 

an engine manufacturer has submitted the list, the Executive 

Officer may order selection at other than a preferred location. 

(E) Upon receipt of a test order, an engine manufacturer 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 selected in a manner 

consistent with the requirements of paragraph (e)(3) and 

submitted to the Executive Officer at the place designated for the 

purpose of conducting emission tests. These tests will be 

conducted in accordance with paragraph (e)(4) to determine 

whether engines manufactured by the engine manufacturer 

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 tests 

on a test engine, the engine manufacturer's test data 

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 agreement 

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 facility 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 acquired 

under paragraph (e)(2) were erroneous and the engine 

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 that changes 

have been made to the test facility and these changes have 

resolved the reasons for disqualification. 

(3) Sample selection. 

(A) Engines comprising a test sample will be selected at the location 

and in the manner specified in the test order. If an engine 

manufacturer determines that the test engines cannot be selected 

in the manner specified in the test order, an alternative selection 

procedure may be employed, provided the engine manufacturer 

requests approval of the alternative procedure before starting test 

sample selection, and the Executive Officer approves the 

procedure. 

(B) The engine manufacturer must produce and assemble the test 

engines of the family selected for testing using its normal 

production and assembly process for engines to be distributed 

into commerce. If, between the time the engine manufacturer is 

notified of a test order and the time the engine manufacturer 

finishes selecting test engines, the engine manufacturer 

implements any change(s) in its production or assembly 

processes, including quality control, which may reasonably be 

expected to affect the emissions of the engines selected, then the 

engine manufacturer must, during the audit, inform the Executive 

Officer of such changes. If the test engines are selected at a 

location where they do not have their operational and emission 

control systems installed, the test order will specify the manner 

and location for selection of components to complete assembly of 

the engines. The engine manufacturer must assemble these 

components onto the test engines using normal assembly and 

quality control procedures as documented by the engine 

manufacturer. 
- 91 - 

(C) No quality control, testing, or assembly procedures will be used on 

the test engine or any portion thereof, including parts and 

subassemblies, that have not been or will not be used during the 

production and assembly of all other engines of that family, 

unless the Executive Officer approves the modification in 

production or assembly procedures pursuant to paragraph (B) of 

this subsection. 

(D) The test order may specify that an ARB enforcement officer(s) or 

authorized representative(s), rather than the engine 

manufacturer, select the test engines according to the method 

specified in the test order. 

(E) The order in which test engines are selected determines the order 

in which test results are to be used in applying the sampling plan 

in accordance with paragraph (e)(5). 

(F) The engine manufacturer must keep on hand all untested engines, 

if any, comprising the test sample until a pass or fail decision is 

reached in accordance with paragraph (e)(5)(E). The engine 

manufacturer may ship any tested engine which has not failed the 

requirements as set forth in paragraph (e)(5)(B). However, once 

the engine manufacturer ships any test engine, it may 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 written 

application by an engine manufacturer, prescribe test 

procedures other than those specified in paragraph 

(i)1. for any spark-ignition marine engine he or she 

determines is not susceptible to satisfactory testing 

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 unless 

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 testing 

in accordance with Part I, section 18 of the Test 

Procedures, to any setting within the physically 

adjustable range of that parameter, as determined by 

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 setting 

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 deviation 

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 limited 

to, the effect of the adjustment on engine performance 

characteristics and information from similar in-use

engines. 

(C) Service Accumulation. Before performing exhaust emission testing 

on a selective enforcement audit test engine, the engine 

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 certification on the 

emission data engine corresponding to the family specified 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 the 

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 is 

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 consecutive 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 maintenance on test 

engines after selection for testing, nor may the Executive Officer 

allow deletion of any engine from the test sequence, unless 

requested by the engine manufacturer and approved by 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 the test facility is not 

located at or in close proximity to the point of selection, the 

engine manufacturer must assure that test engines arrive at the 

test facility within 24 hours of selection. The Executive Officer 

may approve more time for shipment based upon a request by 

the engine manufacturer accompanied by a satisfactory 

justification. 

(F) If an engine cannot complete the service accumulation or an 

emission test because of a malfunction, the engine manufacturer 

may request that the Executive Officer authorize either the repair 

of that engine or its deletion from the test sequence. 
- 94 - 

(G) Whenever an engine manufacturer conducts testing pursuant to a 

test order issued under this subsection, the engine manufacturer 

must notify the Executive Officer within one working 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 available at a 

desired facility, the engine manufacturer must provide alternate 

testing capability satisfactory to the Executive Officer. 

(i)

1. An engine manufacturer with projected spark-ignition 

marine engine sales for the California market for the 

applicable year of 20 or greater must complete emission 

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-ignition 

marine engine sales for the California market for the 

applicable year of less than 20 must complete emission 

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 rate 

of emission testing based upon a request by an engine 

manufacturer accompanied by a satisfactory justification. 

(H) The engine manufacturer must perform test engine selection, 

shipping, preparation, service accumulation, and testing 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 accordance with 

paragraph (e)(5)(E). 

(ii)

2. The Executive Officer may approve retesting at other 

times based upon a request by the engine manufacturer 

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. The 

engine manufacturer may accumulate additional service 

before conducting a retest, subject to the provisions of 

paragraph (C) of this paragraph (4). 

(J) An engine manufacturer must test engines with the test procedure 

specified in Part IV of the Test Procedures to demonstrate 

compliance with the exhaust emission standard (or applicable 

FEL) for HC+NOx. 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 passing and failing 

criteria for selective enforcement audits. 

(A) The prescribed acceptable quality level is 40 percent. 

(B) A failed engine is one whose final test results for HC+NOx pursuant 

to paragraph (b)(3)(D) or (c)(2)(iv)4., as applicable, exceed the 

applicable family emission level or whose test results 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, 43102, 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 adoption or date of 

implementation, whichever comes later, the Air Resources Board, in 

consultation with the Secretary for Environmental Protection, 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 Safety Code.

(Operative 01-07-2000)
ATTACHMENT B 

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES 

FOR 2001 MODEL YEAR AND LATER 

SPARK-IGNITION MARINE ENGINES 

AB-1 
State of California 

AIR RESOURCES BOARD 

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES 

FOR 2001 MODEL YEAR AND LATER 

SPARK-IGNITION MARINE ENGINES 

Adopted: October 21, 1999 

Amended: July 21, 2002 

Amended: September 22, 2006 

Amended: <insert date>
i 

TABLE OF CONTENTS 

SECTION PAGE

PART I. EMISSION REGULATIONS FOR 2001 AND LATER NEW SPARK-IGNITION 

MARINE ENGINES, GENERAL PROVISIONS.

1. GENERAL APPLICABILITY. .......................................................................................................1

2. DEFINITIONS...........................................................................................................................2

3. ABBREVIATIONS......................................................................................................................3

4. MEASUREMENT SYSTEM.........................................................................................................6

5. GENERAL STANDARDS; INCREASE IN EMISSIONS; UNSAFE CONDITIONS. ..................................6

6. DEFEAT DEVICES, PROHIBITION..............................................................................................6

7. PROVISIONS FOR REBUILDING ENGINES. .................................................................................7

8. REPLACEMENT ENGINES.........................................................................................................9

9. EXHAUST EMISSION STANDARDS FOR 2001 AND LATER SPARK-IGNITION MARINE ENGINES .....9

10. MAINTENANCE AND WARRANTY INSTRUCTIONS. ....................................................................22

11. LABELING.............................................................................................................................22

12. SUBMISSION OF ENGINE IDENTIFICATION NUMBER.................................................................22

13. [RESERVED].........................................................................................................................22

14. APPLICATION FOR CERTIFICATION.........................................................................................22

15. APPROVAL OF APPLICATION FOR CERTIFICATION...................................................................24

16. ENGINE DISPLACEMENT OF SPARK-IGNITION MARINE ENGINES. .............................................25

17. ENGINE FAMILIES AND ENGINE FAMILY GROUPS....................................................................25

18. TEST ENGINES. ....................................................................................................................26

19. EXECUTIVE OFFICER'S ENGINES. ..........................................................................................28

20. TEST PROCEDURES, GENERAL REQUIREMENTS. ...................................................................28

21. SERVICE ACCUMULATION PROCEDURES; TEST ENGINES. ......................................................29

22. SCHEDULED MAINTENANCE; TEST ENGINES..........................................................................29

23. UNSCHEDULED MAINTENANCE; TEST ENGINES......................................................................30

24. ENGINE FAILURE. .................................................................................................................31

25. DATA SUBMISSION................................................................................................................31

26. TESTING BY THE EXECUTIVE OFFICER...................................................................................32

27. CERTIFICATION.....................................................................................................................33
ii 

28. AMENDMENTS TO THE APPLICATION......................................................................................34

29. ALTERNATIVE PROCEDURE FOR NOTIFICATION OF ADDITIONS AND CHANGES.........................34

30. MAINTENANCE OF RECORDS.................................................................................................35

31. RIGHT OF ENTRY..................................................................................................................37

32. DENIAL, REVOCATION, OR SUSPENSION OF CERTIFICATION. ..................................................39

33. ADJUDICATORY HEARING......................................................................................................41

PART II. SPARK-IGNITION MARINE ENGINES - DETERMINATION OF DETERIORATION 

FACTORS.

1. DEFINITIONS.........................................................................................................................42

2. ACRONYMS AND ABBREVIATIONS. .........................................................................................42

3. DETERIORATION FACTOR......................................................................................................42

PART III. EMISSION TEST EQUIPMENT PROVISIONS.

1. SCOPE; APPLICABILITY. ........................................................................................................43

2. DEFINITIONS.........................................................................................................................43

3. ACRONYMS AND ABBREVIATIONS. .........................................................................................43

4. TEST EQUIPMENT OVERVIEW................................................................................................43

5. DYNAMOMETER SPECIFICATIONS AND CALIBRATION ACCURACY.............................................43

6. DYNAMOMETER TORQUE CELL CALIBRATION.........................................................................44

7. ENGINE COOLING SYSTEM....................................................................................................45

8. LUBRICATING OIL AND TEST FUEL.........................................................................................45

9. ENGINE INTAKE AIR TEMPERATURE MEASUREMENT. .............................................................48

10. ENGINE INTAKE AIR HUMIDITY MEASUREMENT. .....................................................................48

11. TEST CONDITIONS................................................................................................................48

12. ANALYTICAL GASES..............................................................................................................49

13. ANALYZERS REQUIRED.........................................................................................................51

14. ANALYZER ACCURACY AND SPECIFICATIONS. ........................................................................53

15. ANALYZER INITIAL CALIBRATION............................................................................................55

16. HYDROCARBON ANALYZER CALIBRATION. .............................................................................55

17. CARBON MONOXIDE ANALYZER CALIBRATION. ......................................................................58

18. OXIDES OF NITROGEN ANALYZER CALIBRATION.....................................................................59

19. NOX CONVERTER CHECK. ....................................................................................................61
iii 

20. CARBON DIOXIDE ANALYZER CALIBRATION. ..........................................................................63

21. NDIR ANALYZER CALIBRATION.............................................................................................63

22. CALIBRATION OF OTHER EQUIPMENT. ...................................................................................65

23. ANALYZER BENCH CHECKS...................................................................................................65

24. ANALYZER LEAKAGE CHECK. ................................................................................................66

25. ANALYZER INTERFERENCE CHECKS. .....................................................................................66

26. PRE- AND POST-TEST ANALYZER CALIBRATION. ....................................................................68

27. SAMPLING SYSTEM REQUIREMENTS......................................................................................69

28. MEASUREMENT EQUIPMENT ACCURACY/CALIBRATION FREQUENCY TABLE. ...........................69

29. CATALYST THERMAL STRESS TEST.......................................................................................70

Appendix A to Part III..................................................................................................... A-71

Appendix B to Part III – Figures..................................................................................... B-72

PART IV. GASEOUS EXHAUST TEST PROCEDURES

1. SCOPE; APPLICABILITY. ........................................................................................................74

2. DEFINITIONS.........................................................................................................................74

3. ABBREVIATIONS....................................................................................................................74

4. TEST PROCEDURE OVERVIEW. .............................................................................................74

5. RECORDED INFORMATION.....................................................................................................75

6. ENGINE PARAMETERS TO BE MEASURED AND RECORDED......................................................77

7. ENGINE INLET AND EXHAUST SYSTEMS. ................................................................................77

8. PRE-TEST PROCEDURES. .....................................................................................................77

9. ENGINE DYNAMOMETER TEST RUN.......................................................................................79

10. ENGINE TEST CYCLE............................................................................................................81

11. POST-TEST ANALYZER PROCEDURES....................................................................................81

12. DATA LOGGING. ...................................................................................................................82

13. EXHAUST SAMPLE PROCEDURE – GASEOUS COMPONENTS...................................................83

14. RAW GASEOUS EXHAUST SAMPLING AND ANALYTICAL SYSTEM DESCRIPTION........................85

15. RAW GASEOUS SAMPLING PROCEDURES..............................................................................87

16. INTAKE AIR FLOW MEASUREMENT SPECIFICATIONS...............................................................87

17. FUEL FLOW MEASUREMENT SPECIFICATIONS........................................................................87

18. DATA EVALUATION FOR GASEOUS EMISSIONS.......................................................................88
iv 

19. RAW EMISSION SAMPLING CALCULATIONS. ...........................................................................88

20. CVS CONCEPT OF EXHAUST GAS SAMPLING SYSTEM...........................................................93

21. DILUTE GASEOUS EXHAUST SAMPLING AND ANALYTICAL SYSTEM DESCRIPTION. ...................94

22. [RESERVED].........................................................................................................................98

23. EXHAUST GAS ANALYTICAL SYSTEM; CVS GRAB SAMPLE.....................................................98

24. DILUTE SAMPLING PROCEDURE – CVS CALIBRATION............................................................99

25. CVS CALIBRATION FREQUENCY. ........................................................................................106

26. DILUTE EMISSION SAMPLING CALCULATIONS.......................................................................106

27. CATALYST THERMAL STRESS RESISTANCE EVALUATION......................................................110

Appendix A to Part IV – Figures. ................................................................................. A-112
1 

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES 

FOR 2001 MODEL YEAR AND LATER SPARK-IGNITION MARINE ENGINES 

Part I. Emission Regulations for 2001 and Later New Spark-Ignition Marine 

Engines, General Provisions. 

1. General Applicability. 

(a) (1) This rule applies to model year 2001 and later 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 introduced, and delivered or imported into 

California for introduction into commerce, and which is subject to any of the 

standards prescribed in this article must be covered by an Executive Order, 

issued pursuant to this article. 

(3) Spark-ignition inboard and sterndrive marine engines produced by the engine 

manufacturer to be used solely for competition are exempt from the requirements 

of this document, provided that the marine watercraft in which the engine is 

installed is designed, built, and used solely for competition. Marine watercraft 

used for amateur or occasional competition do not meet 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 remains in full force and effect. 

(c) (1) For purposes of this article, military tactical 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 support, 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 regulations under the federal 

national security exemption, 40 CFR, subpart J, section 90.908, which is 

incorporated by reference herein. It shall also not apply to those vehicles and 

equipment covered by the definition of military tactical vehicle that are 

commercially available and for which a federal certificate of conformity has been 

issued under 40 CFR Part 91, subpart B, which is incorporated by reference 

herein. 

(3) On January 1, 1997, the U.S. Department of Defense shall submit to the ARB 

a list of all vehicles and equipment that are exempted 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 calendar year after January 1, 
2 

1997, the U.S. Department of Defense shall update the list and submit it to the 

ARB by January 1 of the following year. 

2. Definitions. 

The definitions in section 2441, Chapter 9, Title 13 of the California Code of Regulations 

apply with the following additions: 

“Engine Family” is a subclass of a basic engine based on similar emission 

characteristics. The engine family is the grouping of engines that is used for the 

purposes of certification, and is determined in accordance with section 17. 

“Engine-Displacement-System Combination” or “Engine Family Displacement Emission 

Control System Combination” is a subclass of an engine family based on engine 

displacement and specific emission control system components, 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 engine crankshaft (or equivalent) and 

produced by an engine that is equipped with only the accessories that are necessary for 

engine operation. 

“Hang-up” means the situation whereby hydrocarbon molecules are absorbed, 

condensed, or otherwise removed from the sample flow 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 assembly that does not include all of 

the components necessary for designation as a complete engine assembly, and is 

marketed in order to be a part of, and assembled into, a new unit of equipment. 

“Oxides of Nitrogen” means the sum of the nitric oxide and nitrogen dioxide contained in 

a gas sample as if the nitric oxide were in the form 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 per minute [rpm]) at which the 

manufacturer specifies the maximum rated power of an engine. 

“Rebuild” or “Rebuilding” refers to a major overhaul in which you replace the engine's 

pistons or power assemblies or make other changes that significantly increase the 

service life of the engine. It also includes replacing or rebuilding an engine's 
3 

turbocharger or aftercooler or the engine's systems for fuel metering or electronic 

control so that it significantly increases the service life of the engine. For these 

provisions, rebuilding may or may not involve removing the engine from the equipment. 

Rebuilding does not normally include scheduled emission-related maintenance that the 

standard-setting part allows during the useful life period (such as replacing fuel 

injectors) or unscheduled maintenance that occurs commonly 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 respect to an engine; and the effective 

usage of the tool or fixture requires special expertise. 

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 

C3H8 — Propane 

cc — Cubic centimeter(s) 

cfm — Cubic feet per minute 

cfh — Cubic feet per hour 

CLD — chemiluminescent detector 

cm — Centimeter(s) 

CO — Carbon monoxide 

CO2 — Carbon Dioxide 

conc — Concentration 
4 

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 

H2O — 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 

N2 — Nitrogen 

NDIR — non-dispersive infrared analyzer 

NGPA — Natural Gas Processors Association 

NIST — National Institute of Standards and Testing

NO — Nitric Oxide 

NO2 — Nitrogen Oxide 

NOx — Oxides of nitrogen 

No. — Number 

O2 — 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 minute 
6 

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 of Units. 

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

(a) Any emission control system installed on or incorporated in a new spark-ignition 

marine engine to enable such an engine to conform to 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 emitted in the operation of 

such engine without such emission control system, except as specifically 

permitted by regulation; and, 

(2) Must not in its operation, function, malfunction 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 ascertain that such test engines will meet 

the requirements of this section for the useful life 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 control system under conditions 

that may reasonably be expected to be encountered in 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 protecting 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 an engine subject to this part, but 

the recordkeeping requirements in paragraphs (h) and (i) of this section apply only to 

businesses. For maintenance or service that is not rebuilding, including any 

maintenance related to evaporative emission controls, changes may not be made that 

might increase emissions of any pollutant, but recordkeeping is not required.

(b) Anyone rebuilding an engine or engine system must have a reasonable technical 

basis for knowing that the rebuilt engine's emission control system performs as well as, 

or better than, it performs in its certified configuration. The model year of the resulting 

engine configuration must be identified. A reasonable 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 engine 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 believe that parts performing the 

same function as the original parts (and to the same degree) would control 

emissions to the same degree as the original parts.

(2) Adjust parameters or change design elements only according to the original 

engine manufacturer's instructions. To differ from these instructions requires 

verifiable data or some other technical basis to show that an increase in in-use 

emissions would not result.
8 

(c) If the rebuilt engine remains installed or is reinstalled in the same piece of 

equipment, it must be rebuilt to the original configuration or another certified 

configuration of the same or later model year.

(d) If the rebuilt engine replaces another certified 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 appropriately 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 diagnostic 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., title 13, CCR) according to the original 

manufacturer's recommended practice. In particular, replace oxygen sensors, replace 

the catalyst if there is evidence of malfunction, clean 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 another source, the installer must 

check all emission-related components listed in § 2445.1., title 13, CCR, as needed,

according to the original manufacturer's recommended practice.

(h) Businesses must keep at least the following records:

(1) Identify the hours of operation (or mileage, as appropriate) at time of rebuild.

(2) Identify the work done on the engine or any emission-related control 

components, including a listing of parts and components 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 upon 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 available through normal business 

practices is not expected..

(2) Keeping records of what other companies do is not necessary.
9 

(3) Keeping records based on families rather than individual engines is allowable.

8. Replacement Engines. 

No new spark-ignition marine engines may be produced for sale to replace sparkignition marine engines in pre-2001 model year equipment after the 2004 model year, 

unless those engines comply with the 2001 model year 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 emissions configuration currently available 

that can be installed in a vessel or personal watercraft without unreasonable 

modifications, as determined by the Executive Officer. 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. New replacement engines that do not 

comply 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.”

9. Exhaust Emission Standards for 2001 and Later Spark-Ignition Marine 

Engines 

(a) Model year 2001 and later model year spark-ignition personal watercraft and 

outboard marine engines: 

(1) Exhaust emissions from new spark-ignition marine engines manufactured for 

sale, sold, or offered for sale in California, or that are introduced, delivered or 

imported into California for introduction into commerce, must not exceed the 

following standards: 
10 

Table 1.1

Corporate Average Emission Standards by Implementation Date 

HC+NOx (g/kW-hr)

Model Year 

Max. Family 

Emission Limit 

(FEL)

Ptx < 4.3 kW1 Ptx ≥ 4.3 kW1

2001-2003 Not Applicable 81.00 (0.25 × (151+557/Ptx

0.9)) + 6.0 

2004-2007 80 64.80 (0.20 × (151+557/Ptx

0.9)) + 4.8 

2008 and Later244 30.00 (0.09 × (151+557/Ptx

0.9)) + 2.1 

1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maximum 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

CATEGORY1

[kilowatts]

CO STANDARD

[grams per kilowatt-hour]

kW ≤ 40 500 - 5 x P3

OB/PWC2 2009 and later

kW > 40 300.03

1. For 2010 and subsequent model years, an engine or engine family’s power category is based on maximum 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: 

Ptx is the average power in kilowatts (kW) (sales-weighted) of the total 

number of spark-ignition marine engines produced for sale in California in 

model year x. Engine power must be calculated using the Society of 

Automotive Engineers (SAE) standard J1228, November 1991, 

incorporated herein by reference. Engine manufacturers must not 

determine Ptx by combining the power outputs of personal watercraft 

engines. 

(2) An engine manufacturer may comply with the standards directly on an 

individual engine family basis. Consequently in Table 1.1, FELs are not 

applicable for any model year and Ptx means the average power in kW 
11 

(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: 

n ca

j

jx jx

n

j

jx jx jx

STD

PROD P

PROD FEL P

=

∑

∑

=

=

1

1

( )( )

( )( )( )

where: 

n = total number of engine families (by category) 

PRODjx = number of units each engine family j produced for

sale in California in model year x. 

FELjx = 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 shall 

exceed the maximum allowed value as specified in 

Table 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 offering for 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 manufacturer 

must also submit estimated production volumes for 

each engine family to be offered for sale in California. 

Pjx = the average power in kW (sales-weighted) of engine 

family j produced for sale in California in model year 

x. Engine power must be calculated using SAE 

standard J1228, November 1991, incorporated herein 

by reference. 

STDca = an engine manufacturer’s calculated corporate 

average HC+NOx exhaust emissions from those 

California spark-ignition marine engines subject to the 

California corporate average HC+NOx exhaust 

emission standard determined from Table 1.1, as 
12 

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, for 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 spark-ignition marine engines 

produced for sale in California and their applicable FEL. 

(C)The Executive Order certifying the California production 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 exhaust emissions must meet 

the corporate average standard at the end of the manufacturer’s production for 

the model year. No later than 90 days after the end of the model year, the 

manufacturer must calculate a corrected corporate average using actual rather 

than projected sales. 

(E) Production and sale of spark-ignition marine engines which result in noncompliance with the California standard for the model 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 standard must be made up in 

the following model year. 

(F) For each model the engine manufacturer shall submit California sales data. 

(b) Model year 2003 and later model year spark-ignition 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 manufacturer 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 

RATED EXHAUST STANDARDS

POWER 

CATEGORY1

DURABILITY

NMHC23+NOx TYPE34 CO MODEL

YEAR 

[kilowatts] 

COMPLIANCE

OPTION12

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

kilowatt-hour]

SUPPLEMENTAL

MEASURE45

2003 -

 2006 kW ≤ 373 N/A N/A 16.0 AVE6

 None 

N/A 16.0 (55%) AVE6

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%) AVE6

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 5.06,7,8 FIXED 75.07,9

373 < kW ≤

485 1505

 / 3 5.06 AVE 

2009 

and later 

kW > 485

N/A 

505 / 1 5.06 AVE 

Carryover710

Notes: 

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

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

23. The non-methane component of hydrocarbonFor 2010 and subsequent model years, standards are measured in total hydrocarbons plus oxides of nitrogen; however, the nonmethane component of hydrocarbon may be substituted in prior years

34. Corporate averaging (AVE) may be used to demonstrate compliance with the exhaust emission standard, except where a FIXED standard is required 

45. Supplemental measures may be different than shown, 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 warranty period shorter than 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 with or without power weighting for these years

67. 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 kWA single engine family certified under the discontinuation allowance in § 2442(g)(2) may continue to meet current 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 

sufficiently low to enable compliance on a corporate average basis

8. Large volume dual category manufacturers are required to certify one or more engine families to a family emissions limit lower than the HC+NOx standard 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 E4 marine test cycle

710. The same or better supplemental emission control hardware used to meet the standard comply in 2007 must be used every model year thereafter and 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 whether it will comply with 

the high performance exhaust standard of 5.0 g/kW-hr HC+NOx through 

averaging or whether it will comply with the less stringent small volume high 

performance HC+NOx exhaust standard through the incorporation of 

enhanced evaporative control systems on vessels using standard performance 

engines for 2009 and subsequent model year engine production.
14 

Table 2.1(b)

High Performance Sterndrive/Inboard Marine Engine Standards

HCb+NOx

STANDARD MODEL [grams per kilowatt-hour]

YEAR

POWERa

CATEGORY

[kilowatts] Small Volume or

Large Volume Single Category

Manufacturer

Large Volume

Dual Category

Manufacturer

CO

STANDARD

[grams per

kilowatt-hour]

373 < kW ≤ 485 16.0c

2009 -

2010 kW > 485 25.0c

5.0d

 350.0c

373 < kW ≤ 485 16.0c

2011 

and later kW > 485 22.0c

5.0d

 350.0c

a For 2010 and subsequent model years, an engine or engine family’s power category is based on maximum 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 nitrogen; 

however, the non-methane component of hydrocarbon may be substituted in prior years

c These standards are fixed except that engine families certified under the discontinuation allowance in § 2442(g)(2) 

may continue 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 one or more engine families to family emissions limits 

sufficiently low 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 between 

standard performance and high performance engines. Alternately, large volume dual category manufacturers may 

comply with the exhaust standards for small volume manufacturers provided a sufficient number of vessels with the 

manufacturer’s standard performance engines are equipped with enhanced evaporative control systems as noted in 

§ 2442(b)(5). Manufacturers must declare their intent to use this alternative prior to certifying engines for the 2009 

model year and must continue to certify future model year engines using this alternative exclusively across product 

lines

(A)(C) No crankcase emissions shall be discharged into the ambient atmosphere 

from 2003 and later spark-ignition sterndrive/inboard and sterndrive marine 

engines. 

(B)(D) Production and sale of spark-ignition marine engines 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; enjoinment 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 and Safety Code. Before 

seeking remedial action against the engine manufacturer, the Executive Officer 

will consider any information provided by the equipment manufacturer. 

(C)(E) For each engine family, the engine manufacturer shall submit the total 

number of engines produced for sale in California, or the total number of engines 

produced for sale nationally, ninety (90) days after the end of the model year. 

(2) Evaporative Requirements for All High Performance Engine Manufacturers 

and Boat Manufacturers:
15 

(A) For 2009 and subsequent model year engines, each engine 

manufacturer must provide written instructions, as part of the 

installation materials provided to boat manufacturers, 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 imported into California for 

introduction into commerce. The engine manufacturer shall 

also provide evidence that the supplier(s) of the enhanced 

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.

Table 2.2 Sterndrive/Inboard Marine Evaporative Design Specifications

PERMEATION

STANDARDS1

[grams per square meter 

per day]

DIURNAL

STANDARD2

[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 and a 24-hour fuel temperature cycle. 

(B) For 2009 and subsequent model year engines, each boat 

manufacturer must install an enhanced evaporative control 

system on every boat that is manufactured for sale, sold, or 

offered for sale in California that uses a high performance

engine.

(3)(2) Compliance with the standards on a corporate averaging basis is 

calculated as follows: 

CorporateAverage

(PROD )

(PROD )(EL )

n

j 1

jx

n

j 1

jx jx

=

∑

∑

=

=
16 

Corporate Average

(PROD )(P )

(PROD )(EL )(P )

n

j 1

jx jx

n

j 1

jx jx jx

=

∑

∑

=

=

where: 

n = Total number of engine families available for 

averaging. 

PRODjx = Number of engines in engine family j produced for 

sale in California in model year x. 

ELjx = The measured NMHC+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. 

Pjx = The average power in kW (sales-weighted) of engine 

family j produced for sale in California in model year 

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 provide 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 applicable EL(s). 

(B) The Executive Order certifying the California production for a model year 

must be obtained prior to the issuance of certification Executive Orders for 

individual engine families for the model year. 

(C) The engine manufacturer’s average NMHC+NOx 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 manufacturer 

must calculate a corrected corporate average using sales or eligible sales rather 

than projected sales. 

(D) Production and sale of spark-ignition marine engines 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; enjoinment 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: Underline
17 

available under Part 5, Division 26 of the Health and Safety Code. Before 

seeking remedial action against the engine manufacturer, the Executive Officer 

will consider any information provided by the engine 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 emissions 

level of 30.0 grams per kilowatt-hour of NMHC+NOx in their corporate averaging 

calculation.

(3) (4) Alternate Requirements for Standard Performance Manufacturers:

(A) Requirements of engine manufacturers and boat manufacturers under Option 

2 and using Low Permeation Fuel Line Hose: 

(A)1. Each engine manufacturer that chooses Option 2 must provide 

written instructions, as part of the installation 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 imported 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 manufactured for sale, sold, or offered for sale in California that 

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 measure as an alternative to meeting the requirements of 

paragraph (b)(3). In determining whether to approve a request, the Executive 

Officer will consider the following: 

(A)1. Whether the proposed supplemental measure would achieve 

reductions in NMHC+NOx equivalent to using Low Permeation Fuel Line 

Hoses, 

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

implementation of the proposed supplemental measure, 

(C)3. The durability of the proposed supplemental measure, and 

(D)4. Any additional information the Executive Officer deems relevant. 
18 

(5) Alternate Requirements for Large Volume Dual Category 

Manufacturers.

In lieu of complying with the 5.0 g/kW-hr HC+NOx exhaust standard 

in Table 2.1(b) for high performance engines, large volume dual 

category engine manufacturers may certify high performance 

engines to the same HC+NOx exhaust standards as required for 

small volume manufacturers in Table 2.1(b) provided that a 

sufficient number of boats using standard performance 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 certifying 

manufacturer, a minimum of fifteen percent annually of the large 

volume dual category manufacturer’s standard performance engine 

production for California must be installed in boats equipped with 

enhanced evaporative control systems. Beginning with 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 imported 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 small 

volume high performance manufacturers in Table 2.1(b) 

of this section. The engine manufacturer shall also 

provide evidence that the supplier(s) of the enhanced 

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 certify 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 United States 

Environmental Protection Agency of Not-to-Exceed (NTE) requirements 

for spark-ignition marine engines, the Executive Officer shall have the 

authority to adopt the same NTE requirements for California; such that, for 

engines subject to these regulations, California would have full authority 

to enforce the NTE limits independently of the federal government. The 

federal NTE proposal can be found at "Control of Emissions from Nonroad 

Spark-Ignition Engines and Equipment," Federal Register Volume 76, 

Number 92, Friday, May 18, 2007, 28098, at pages 28279-28281, as 

discussed at pp. 28121-28124. There will be no additional 

demonstrations of NTE compliance unique to California 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 engines 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 OBD-M system (see § 2444.2) 

shall display a five-star consumer/environmental emission label (see § 2443.2

and § 2443.3).

Table 3 - Voluntary Standards

PERMEATION

STANDARDS

[grams per

square meter per day]

HC1+NOX

STANDARD

[grams per

kilowatt-hour]

CO

STANDARD

[grams per

kilowatt-hour] Hose3

Tank4

DIURNAL

STANDARD2

[grams per

gallon per day]

2.50 50.0 15.0 1.5 0.4

1. The exhaust standard includes total hydrocarbons

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 performed at a

 test temperature of 23 ± 2 oCelsius

4 Fuel tank permeation testing requires gasoline fuel with 10% ethanol content and must be performed at

 a test temperature of 28 ± 2 oCelsius
20 

(3) Spark-ignition marine engines certified to the voluntary standards are subject 

to the same in-use compliance and recall requirements as engines certified to 

the required exhaust and evaporative standards.

(e) Special Provisions for Engine and/or Vessel Manufacturers

(1) Jet Boat Engines

(A) Jet boat engine families previously certified to the HC+NOx 

standards for outboard engines and personal watercraft in 

§ 2442(a) may continue to be certified to those standards 

until 2012 with the additional requirement for 2009 and 

subsequent model years to comply with the applicable 

carbon monoxide standards for OB/PWC engines in Table 

1.2.

(B) Beginning in 2010, all new jet boat engine families shall 

comply with the standards for sterndrive/outboard engines 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 previously 

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 certified 

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 engine 

families in 2012. 

(2) Discontinuation of Marinized Sterndrive/Inboard Engines.

Sterndrive/inboard engine manufacturers who marinize base 

engines produced by another manufacturer may request a 

discontinuation allowance from the Executive Officer, 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 allowance for 

only one engine family in effect at any time. As an 

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 configuration 

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 marinizing 

manufacturer to continue to certify the engine family to be 

discontinued to emission levels that are less stringent than 

the standards otherwise required for sterndrive/inboard 

engines in § 2442 (b) for a total of four model years, 

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 previous model 

year versions of the same or similar engine family. 

Fluctuations in certification levels from year to year due to 

component variation would not violate this prohibition unless 

the fluctuations result in an exceedance of the standards 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 certified for the 

first time under paragraph (g)(2) of this section to 

emission levels that are less stringent than the standards 

otherwise required for sterndrive/inboard engines in 

§ 2442(b); and

2. any current production engine family that has previously 

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, reporting, and 

labeling, shall be applicable to manufacturers employing the 

discontinuation allowance provisions of this paragraph (g)(2).

(c)(f) In 2001 and subsequent model years, fire and police departments, and other 

entities that specialize in emergency response may purchase emergency equipment 

powered by a non-California-certified spark-ignition marine engine only when such 
22 

equipment with a California-certified spark-ignition marine engine is not available. For 

purposes of this section, a request to purchase emergency equipment powered by a 

non-California-certified engine must be submitted for 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 Code 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 engine 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 identification number system pursuant 

to section 2443.1(e), Title 13 of the California Code of Regulations that identifies 

production engines that are covered by an Executive Order. 

(b) Within 30 days of receiving a request by the Executive Officer, the manufacturer of 

any spark-ignition marine engine covered by an Executive Order must identify such 

engines by their identification number system provided 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 certification 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. Such letters of intent must provide the 

engine manufacturer's best estimate of general information 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 by the following: 

(1) Manufacturers of new spark-ignition marine engines must complete and 

submit to the Executive Officer a written application, in the English language, 

requesting an Executive Order that certifies such engines be issued. The engine 
23 

manufacturer must update and correct by amendment such applications 

whenever changes are made to engines that are delineated in the certification 

application (see section 28). An engine manufacturer must include within a 

single application for certification all engine models 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 certification of part of its engine 

product line. The selection of test engines and the 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 application must include the 

following: 

(i)(A) Identification and description of the engines covered by the engine family 

certification application; descriptions of the engine designs (e.g., combustion 

chamber, valves, etc.); and, identifications (i.e., part numbers) and descriptions 

of the emission control system and components, auxiliary emission control 

devices, fuel system and components, air inlet system 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 labels 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 timing, etc.); and a description of 

the method used to ensure that the emission characteristics of the certification 

test engines remain representative of those of the production engines with 

respect to any adjustments of such engine parameters. 

(v)(E) Projected California sales data of the engine family for which certification is 

requested. Where applicable, the sales for each engine model within the engine 

family should be provided. Such estimated sales data must include an 

explanation of the method used to make the estimate. 

(vi)(F) A description of the facility and equipment used to test the engines for 

certification including (as applicable) specifications 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 engine service 

accumulation (e.g., break-in) procedure and the certification test engine 

maintenance schedule. 

(ix)(I) A statement of recommended periodic and anticipated procedures for 

maintenance necessary to assure that the engine covered by an Executive Order 

conforms to the regulations. The statement must include a listing of the fuels and 

lubricants recommended for use by the ultimate purchaser 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 overall corporate average 

emissions for that model year. 

(xi)(K) Information about high-altitude adjustments, and an engineering 

evaluation of one engine family within the manufacturer’s line that demonstrates 

emissions compliance at high altitudes. 

(3) Completed copies of the engine family certification application and of any 

amendments thereto, and all notifications under sections 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 application for certification and any 

other information that the Executive Officer requires, 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 content or locations, test fuel or 

lubricant. It may also be disapproved if the described engines incorporate any defeat 

devices. If an engine family certification application or part thereof is rejected, the 

Executive Officer will notify the engine manufacturer in writing and set forth the reasons 

for such rejection. 
25 

16. Engine Displacement of Spark-Ignition Marine engines. 

Engine displacements must be calculated using nominal engine values and rounded to 

the nearest tenth of a cubic centimeter, in accordance 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 engine 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 of 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, reciprocating engines identical in all the 

specifications listed in paragraph (b) of this section may be further divided into different 

engine families if the Executive Officer determines that they may be expected to have 

different emission characteristics. This determination 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 actuation (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 manufacturer to represent each enginedisplacement-system combination. The engine manufacturer will select the engine 

configuration (i.e., air inlet system, exhaust system, engine calibration, etc.) of each 

engine-displacement-system combination in the engine 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 engines 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 be that engine configuration which has 

the highest weighted brake-specific fuel consumption over the engine test cycle 

described in section 20(b)(5). 

(b) A test engine must be a complete engine assembly with all emission control systems 

and components that are specified in the certification application installed and functional 

for test purposes. 

(c) Concurrent with the selection of an engine family test engine, the Executive Officer 

will determine the engine parameters subject to adjustment for certification, assemblyline quality-audit and compliance tests. The Executive Officer will also evaluate the 

adequacy of the limits, stops, seals, or other methods utilized to control, restrict or 

inhibit adjustment, and will evaluate resultant adjustable ranges of each parameter. The 

Executive Officer will notify the engine manufacturer of each determination. 

(1) The Executive Officer will consider an engine parameter to be subject to 

adjustment if the parameter is capable of adjustment 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 probability that the parameter may be 

changed from the values, or beyond the positions, specified in the engine family 

certification application (i.e., misadjustment). The Executive Officer may 

evaluate this probability on the basis of factors such as: ease of access to the 

parameter, damage to the engine or equipment that may result from an attempt 

to misadjust the parameter, consequence with respect to emissions of a 

misadjustment, information provided in the preliminary engine family application, 
27 

and information obtained from any compliance-related activities that are, or may 

be, required. 

(3) The Executive Officer will determine an adjustable parameter to be 

adequately inaccessible when either or both of the following apply: 

(i)(A) The physical device that controls the adjustable parameter can be 

accessed only by the disassembly of the engine or equipment, and this 

disassembly requires the use of special tools. 

(ii)(B) Adequate deterrence to restrict access to an adjustable parameter will not 

be demonstrated by the necessity to remove an engine component that is 

routinely removed in maintenance, or that is required to be removed in order to 

perform an adjustment. 

(4) The Executive Officer shall determine an adjustable parameter to be 

adequately controlled or restricted when one or more 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 the use of special tools. 

(iii)(C) Attempts to misadjust the parameter would result in breakage of the 

restrictive device and/or the parameter and thereby result in unsatisfactory 

engine operation. 

(5) The Executive Officer may also determine an adjustable parameter to be 

adequately controlled or restricted when either one or both of the following apply: 

(i)(A) Attempts to misadjust the parameter are ineffective. For example, an 

adjustment beyond the values or positions specified in the engine family 

certification application would not alter significantly the engine performance; 

hence, the emission levels as projected in certification are representative of inuse engine family emissions. 

(ii)(B) Any solid-state memory devices that control or monitor emission control 

systems or components are protected adequately against unauthorized or 

inappropriate changes. 

(d – f) Reserved. 

(g) In lieu of testing an engine and submitting data thereon, an engine 

manufacturer may, with the prior written approval of the Executive Officer, submit 

exhaust emission data on a similar engine for which certification has previously 
28 

been obtained or for which all applicable data have previously been submitted 

(i.e., carryover). 

(h) All engines must have closed crankcases. For purposes of this section, 

“crankcase” means the housing for the crankshaft and 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 must 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 prescribed sequences of engine 

operating conditions to be conducted on an engine dynamometer. The exhaust 

gases generated during engine operation are sampled either raw or dilute (as 

required), and specific components are analyzed through the exhaust gas 

analytical system. The test is designed to measure (as applicable) the 

concentration of hydrocarbons (HC), carbon monoxide (CO), carbon dioxide 

(CO2), oxides of nitrogen (NOx), exhaust volume, temperature, fuel flow, and the 

gross power output. The measured values are weighted and used to calculate 

the brake-specific emissions of each pollutant (in g/kW-hr). 

(3) For engines with adjustable parameters, the Executive Officer may adjust or 

require to be adjusted those adjustable parameters to any specification within the 

adjustable range during testing to determine compliance with the requirements of 

this Part. 

(4) The exhaust emission test uses prescribed sequences 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 01
29 

Weighting Factor 0.06 0.14 0.15 0.25 0.40 

1. For high performance engines (i.e., engines greater 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, manufacturers of SI sterndrive/inboard 

marine engines that produce no more than 75 engines per year nationally may use

portable emissions measurement systems (PEMS) to demonstrate compliance of their 

engines greater than 373 kilowatts to the exhaust emission 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 determines is not susceptible to 

satisfactory testing by the methods set forth in the test procedures. 

(d)(e) The Executive Officer may revise these test procedures on a case-by-case basis 

when a request to do so is supported by data and results, or other information, showing 

the necessity for the revision. 

21. Service Accumulation Procedures; Test Engines. 

(a) The service accumulation (i.e., break-in) procedure for an emission test engine must 

be the procedure specified by the engine manufacturer, 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 permitted during the operating sequence; 

however, the periods of shutdown must not be included in the 12 hour total. 

22. Scheduled Maintenance; Test Engines. 

(a) Engine manufacturers may schedule and perform break-in maintenance on the 

emission test engine and its emission control and fuel systems only at the same time 

intervals specified in the engine manufacturer's break-in maintenance instructions 

furnished to the ultimate purchaser. 

(b) During service accumulation, an engine manufacturer must be restricted to 

inspecting, replacing, cleaning, adjusting and servicing 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 provided 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 physically 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 changes of engine oil, and may change 

or service oil, air and fuel filters at the time intervals specified in the engine 

manufacturer's break-in maintenance instructions that are furnished to the ultimate 

purchaser. 

(e) Engine manufacturers may request from the Executive Officer authorization to 

perform service accumulation maintenance of emission control related components not 

specifically authorized by this section, and for anticipated maintenance, before to the 

beginning of the service accumulation period. The Executive Officer will approve the 

performance of such maintenance, if the engine manufacturer makes a satisfactory 

showing that the maintenance will be performed by and/or for the ultimate purchaser on 

engines in use and that the maintenance is reasonable and necessary. 

23. Unscheduled Maintenance; Test Engines. 

(a) Engine manufacturers must not perform any unscheduled 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 Executive Officer will approve 

such maintenance if the Executive Officer: 

(i)(A) Has made a preliminary determination that part failure or system 

malfunction, or the repair of such failure or malfunction, 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 maintenance or repairs is 

indicated by an overt indication of malfunction such as persistent misfire, engine 

stall, overheating, fluid leakage, loss of oil pressure, or charge indicator warning. 

(2) Emission measurements must not be used as a means of determining the 

need for unscheduled maintenance under paragraph (a)(1)(i)(A) of this section. 
31 

(b) Engine manufacturers may perform repairs of engine 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 opportunity 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 any 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 identify malfunctioning, maladjusted, or 

defective engine components unless the same or equivalent equipment, instruments, or 

tools will be available at dealerships and other service outlets; and: 

(1) Are used in conjunction with scheduled maintenance 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 emission data engines. 

(e) If the Executive Officer determines that part failure 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, complete emission tests are required before 

and after any engine maintenance that may reasonably 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 engine. 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 engine emission data and results for all 

emission data tests (including voided tests) that were conducted on the test engines. 

(b) The engine manufacturer must furnish to the Executive Officer, with the submission 

of the information required by paragraph (a), explanations of the cause for any voided 

emission tests. The Executive Officer will determine if voiding the test was appropriate 

based upon the explanation given by the engine manufacturer. 
32 

(c) When unscheduled or unanticipated maintenance is performed, the engine 

manufacturer must furnish to the Executive Officer a complete record of all pertinent 

maintenance, including the malfunction diagnosis, the corrective action taken, and the 

test data obtained. 

(d) A complete record of all maintenance that was performed on any test engines must 

be furnished to the Executive Officer as part of the certification application. 

26. Testing by the Executive Officer. 

(a) At the conclusion of the service accumulation procedure and emission tests, the 

engine manufacturer must submit the test engine data and results to the Executive 

Officer in accordance with the requirements of section 25. After reviewing the test data 

and results, the Executive Officer may conduct emission testing on the test engine(s) 

(i.e., confirmatory testing) to verify the engine manufacturer's test results, and to 

determine that the test engine emission characteristics 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 manufacturer'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 manufacturer's test-waiver request by 

evaluating information submitted under the requirements of section 25, information 

contained in the engine family application, and other 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 factors as: 

(1) Marginal compliance with the applicable emission standards; 

(2) Demonstrated capability of the engine manufacturer's prior 

certification-related activities; 

(3) Use of new or different technologies that may affect engine emission 

characteristics, or that may not be compatible with existing procedures; and, 

(4) Reasonableness of emission test data and results. 

(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 manufacturer to submit one or more of the 

test engines, at such a place or places as the Executive Officer may designate, for 

purposes of conducting confirmatory testing. The data and results from that test will, 

unless subsequently invalidated by the Executive Officer, comprise the official test 

engine(s) data and results for purposes of the certification 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 emission standards. 

(g) If any emission test result exceeds the applicable 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 Executive Officer a statement 

that the test engine for which data have been submitted has been tested in 

accordance with the applicable test procedures, that it meets the requirements of 

such tests, and that, on the basis of such tests, it 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 test data relating thereto must be 

supplied. 

(2)(i)(A) If, after review of the test reports and data submitted by the engine 

manufacturer, data derived from any inspection carried out under section 31, and 

any other pertinent data or information, the Executive Officer determines that a 

test engine(s) meets the requirements of section 43013 of the California Clean 

Air Act and of these provisions, the Executive Officer 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 only for the model-year 

engine production as specified by the Executive Officer in the Executive Order; 

and upon such terms as the Executive Officer may deem necessary to assure 

that any new spark-ignition marine engine covered by the Executive Order will 

meet the requirements of these provisions. 

(iii)(C) The Executive Order will apply to all engines within the engine family 

represented by the test engine and will certify compliance with no more than one 

set of applicable standards. 
34 

(iv)(D) The engine manufacturer may, at its option, proceed with any of the 

following alternatives with respect to engines represented by a test engine(s) 

determined not to be in compliance with applicable standards: 

(A)(i) Delete from the application for certification engines that were 

represented by the failed test engine. The Executive Officer will then 

select in place of each failed engine an alternate engine chosen in 

accordance with the selection criteria that were employed 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 procedures. 

(v)(E) If the engine manufacturer does not submit the data 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 Executive Officer by written amendment to 

the certification application of any proposed changes to engines that are in production 

or will be produced. The Executive Officer will, if appropriate, select a new test engine. 

Except as provided in section 29, the engine manufacturer 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 Additions 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 engines to continue to meet 

applicable emission standards, an engine manufacturer 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 description 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 the 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 additional emission testing be 

performed to support the engine manufacturer's original determination submitted 

in accordance with paragraph (a) of this section. 

(2) If additional testing is required, the Executive Officer will proceed as in 

section 28. 

(3) If the Executive Officer requests additional test data, the engine manufacturer 

must provide such data within 30 days of the request or the engine manufacturer 

must rescind the addition or change immediately after 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 other information, the Executive 

Officer determines that the engines affected by the addition or change do not 

meet the applicable standards, the Executive Officer will notify the engine 

manufacturer to rescind the addition or change immediately upon receipt of the 

notification, and to cease selling engines affected by such addition or change. 

(c) If an engine manufacturer elects to produce engines under this section, the engine 

manufacturer, upon notification from the ARB that engines that it has produced do not 

meet the standards set forth herein, will be subject to being enjoined from any further 

sales of such products in the State of California pursuant to section 43017 of the Health 

and Safety Code. Prior to seeking to enjoin an engine manufacturer, the Executive 

Officer will consider any information provided by the engine manufacturer. 

30. Maintenance of Records. 

(a) The manufacturer of any spark-ignition marine engine subject to any of the 

standards or procedures prescribed in these provisions must establish, maintain and 

retain the following adequately organized and indexed records; 

(1) General records. 

(i)(A)

(A)(i) Identification and description of all certification 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 format 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 engine used for certification 

under these provisions including: 

(A)(i)(1)a. In the case where a current production engine is modified 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 machined according to 

supplied drawings, etc.). 

(3)c. In both of the above cases, a description (as applicable) of the origin 

and selection process for the carburetor, fuel system, emission control 

system components, and exhaust aftertreatment device must be included. 

The required description must specify the steps taken to assure that the 

certification engine is representative of production engines with respect to 

its fuel system, emission control system components, exhaust 

aftertreatment device, or any other device or component that can 

reasonably be expected to influence exhaust emissions. The description 

must also state that all components and/or engine construction processes, 

component inspection and selection techniques, and assembly techniques 

employed in constructing such engines are reasonably likely to be 

implemented for production engines, or that they are as closely analogous 

as practicable to planned construction and assembly processes. 

(B)(ii) A complete record of all certification emission tests performed 

(except tests performed by ARB directly) including test results, and the 

date and purpose of each test, and the hours accumulated 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 other 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 history 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 records, 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 reduced to rewritable compact 

disc, microfilm, punch cards, etc., depending on the 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 emission 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 proper credentials to any of the 

following: 

(1) Any facility where tests or procedures or activities connected with such tests 

or procedures are or were performed. 

(2) Any facility where any new spark-ignition marine engine is present and is 

being, has been, or will be tested. 

(3) Any facility where a manufacturer constructs, assembles, 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 paragraph (c)(1) of this section, any 

ARB Enforcement Officer must be allowed: 
38 

(1) To inspect and monitor any part or aspect of such procedures, activities, and 

testing facilities, including, but not limited to, monitoring engine preconditioning, 

emissions tests and break-in, maintenance, and engine storage procedures. 

(2) To verify correlation or calibration of test equipment; 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 construction thereof. 

(c) To permit an ARB determination whether production spark-ignition marine engines 

conform in all material respects to the design specifications that apply to those engines 

described in the Executive Order certifying such engines and to standards prescribed 

herein, engine manufacturers must, upon receipt of prior notice, admit any ARB 

Enforcement Officer, upon presentation of credentials, to: 

(1) Any facility where any document design, or procedure relating to the 

translation of the design and construction of engines and emission related 

components described in the application for certification or used for certification 

testing into production engines is located or carried on; and, 

(2) Any facility where any spark-ignition marine engines to be introduced into 

commerce are manufactured or assembled. 

(3) Any California retail outlet where any spark-ignition marine engine is sold. 

(d) On admission to any such facility referred to in this section, any ARB Enforcement 

Officer must be allowed: 

(1) To inspect and monitor any aspects of such manufacture 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 assembly thereof that are 

reasonably related to the purpose of the ARB Enforcement Officer's entry. 

(e) Any ARB Enforcement Officer must be furnished by 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 applicant for or recipient of certification is 

required to cause those in charge of a facility operated for its benefit to furnish such 

reasonable assistance without charge to the ARB irrespective of whether or not the 

applicant controls the facility. 
39 

(f) The duty to admit or cause to be admitted any ARB Enforcement Officer applies 

whether or not the applicant owns or controls the facility in question and applies both to 

domestic and foreign engine manufacturers and facilities. 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 data 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 responsibility 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 of a document designating a 

person to be an ARB Enforcement Officer. 

(2) Where engine, component, or engine storage areas 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 access to it. 

(3) Where facilities or areas other than those covered 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 testing, maintenance, break-in 

procedure, production or compilation of records, or any other procedure or 

activity is being conducted related to certification testing, translation of designs 

from the test stage to the production stage, or engine manufacture or assembly. 

(4) “Reasonable assistance” includes, but is not limited to, providing clerical, 

copying, interpretation and translation services; making personnel available upon 

request to inform the ARB Enforcement Officer of how the facility operates and to 

answer questions; and performing requested emissions tests on any engine that 

is being, has been, or will be used for certification testing. Such tests must be 

nondestructive, but may require appropriate break-in. Upon written request from 

the Executive Officer for the appearance of any employee of a facility, and 

service of such request upon the engine manufacturer, the ARB may compel an 

engine manufacturer to cause the personal appearance 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 will be entitled to be 

accompanied, represented, and advised by counsel. 

32. Denial, Revocation, or Suspension of Certification. 

(a) Notwithstanding the fact that any engine(s) tested for certification may comply with 

the provisions set forth herein, the Executive Officer may withhold or deny the issuance 

of an Executive Order (or suspend or revoke any such Executive Order that has been 

issued) with respect to any such engine(s) if: 
40 

(1) The engine manufacturer submits false or incomplete information in its 

application for certification; or, 

(2) The engine manufacturer renders inaccurate or invalid any test data that it 

submits pertaining to the certification or otherwise 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 modification or build-up 

into a certification engine; 

(iii)(C) Any production engine that is or will be claimed by the engine 

manufacturer to be covered by the certificate; 

(iv)(D) Any step in the construction of an engine described in paragraph (c) of 

this section; 

(v)(E) Any records, documents, reports, or histories required by this Part to be 

kept concerning any of the above. 

(4) Any ARB Enforcement Officer is denied “reasonable 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 knowingly submits false or inaccurate 

information, or knowingly renders inaccurate or in valid any test data, or commits any 

fraudulent acts and such acts contribute substantially to the Executive Officer decision 

to issue an order, the Executive Officer may deem such 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 manufacturer involved reasonable 

evidence that a violation of section 31 has occurred, the engine manufacturer, will have 

the burden of establishing any contention to the satisfaction of the Executive Officer, 

that even though the violation occurred, the engine in question was not involved to such 

a degree that would warrant withholding, denial, revocation, or suspension of 

certification under either paragraph (a)(3) or (4) of this section. 
41 

(e) Any revocation or suspension of certification under paragraph (a) of this section may 

also subject the manufacturer to penalties to the extent permissible under Part 5, 

Division 26 of the Health and Safety Code. 

33. Adjudicatory Hearing. 

Parties affected by an Executive Officer's determination may file for an adjudicatory 

hearing pursuant to Subchapter 1.25, Title 17, California 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 - Determination 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 deterioration 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 deterioration factor must be based on 

the designated useful life of the engine family. For inboard and sterndrive spark-ignition 

marine engines, the deterioration factor must be based on a designated test period of 

480 hours. 

(b) For SI marine engines not utilizing aftertreatment 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 deterioration 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 exhaust emission results from each test 

engine multiplied by the deterioration factor is the 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 factor. Use of this option must be 

indicated in the manufacturer’s application for certification.
43 

Part III. Emission Test Equipment Provisions. 

37. Scope; Applicability. 

(a) This Part describes the equipment required to perform exhaust emission tests on 

new spark-ignition marine engines subject to the provisions 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 sampling may be performed using 

either the raw gas sampling method or the constant volume sampling (CVS) method. 

The exhaust gases receive specific component analysis determining concentration of 

pollutants, exhaust volume, temperature, the fuel flow, and the power output during 

each mode. Emissions are reported on a gram per brake-kilowatt hour (g/kW-hr). See 

Part IV for a complete description of the test procedure. 

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 using either a constant volume 

sampling (CVS) system as described in Part IV, section 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 detector (NDIR) absorption type for 

carbon monoxide and carbon dioxide analysis; paramagnetic detector (PMD), zirconia 

(ZRDO), or electrochemical type (ECS) for oxygen analysis; a flame ionization detector 

(FID) or heated flame ionization detector (HFID) type for hydrocarbon analysis; and a 

chemiluminescent detector (CLD) or heated chemiluminescent detector (HCLD) for 

oxides of nitrogen analysis. 

41. Dynamometer Specifications and Calibration Accuracy. 

(a) Dynamometer specifications. 

(1) The dynamometer test stand and other instruments for measurement of 

engine speed and torque must meet the accuracy requirements shown in Table 1 
44 

in Appendix A to this Part. The dynamometer must be capable of performing the 

test cycle described in Part I, section 20. 

(b) Dynamometer calibration accuracy. 

(1) The dynamometer test stand and other instruments for measurement of 

engine torque and speed must meet the calibration frequency 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 within 0.5 percent of National 

Institute of Standards and Testing (NIST) weights. Laboratories located in 

foreign countries may certify calibration weights to 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 horizontal shaft dynamometers (± 

five degrees). For vertical shaft dynamometers, a pulley system may be used to 

convert the dynamometer's horizontal loading into the vertical plane. 

(2) Calculate the indicated torque (IT) for each calibration weight to be used by: 

IT = Moment Arm (meters) X Calibration Weight (Newtons) 

(3) Attach each calibration weight specified in Part III, section 5(b)(2) to the 

moment arm at the calibration distance determined in paragraph (a)(2) of this 

section. Record the power measurement equipment response (N-m) to each 

weight. 

(4) Compare the torque value measured to the calculated torque. 

(5) The measured torque must be within two percent of the calculated torque. 

(6) If the measured torque is not within two percent of the calculated torque, 

adjust or repair the system. Repeat steps in paragraphs (a)(1) through (a)(6) of 

this section with the adjusted or repaired system. 

(b) Option. A master load-cell or transfer standard may be used to verify the torque 

measurement system. 

(1) The master load-cell and read out system must be 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 equally spaced torque values 

as indicated by the master load-cell for each in-use range used. 

(3)

(4) The in-use torque measurement must be within two 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 dynamometer torque transducer calibration, 

but may be used to span the transducer before engine testing. 

(d) Other engine dynamometer system calibrations such as speed are performed as 

specified by the dynamometer manufacturer or as dictated by good engineering 

practice. 

43. Engine Cooling System. 

An engine cooling system is required with sufficient 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 cooling 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 usage. Record the 

specifications of the lubricating oil used for service accumulation and the 

certification test. 

(2) For two-stroke engines, the fuel/oil mixture ratio 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, then the oil supplied to the engine 

must be added to the fuel flow in the emission calculations described in Part IV, 

section 19 and section 26. Good engineering judgment may be used to estimate 

oil flow when oil injection is used. 

(b) Test fuels – certification. 

(1) Petroleum-based fuels. The manufacturer must use gasoline having the 

specifications or substantially equivalent specifications approved by the 

Executive Officer, as specified in Table 8-1 below for exhaust emission testing of 
46 

gasoline fueled engines. As an alternative, the manufacturer may use the fuel 

specifications as outlined in the California Code of Regulations, Title 13, section 

1960.1, and the latest amendment of the “California Exhaust Emission Standards 

and Test Procedures for 1988 and Subsequent Model Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles,” incorporated herein by reference. The 

test fuel specification in either case should remain consistent from batch to batch. 

The specification range of the fuel to be used under 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 incorporated by reference. 

(2) Alcohol-based fuels. Alcohol-based fuels must be allowed for emission test 

purposes when the appropriate emission standards with respect to such fuels are a part 

of these provisions. Such fuels must be as specified in paragraph (b)(1) above. 
47 

(c) Test fuels – service accumulation. 

(1)(A) Gasoline. Unleaded gasoline representative of commercial 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, where sensitivity is defined as 

research octane number minus motor octane number. 

(C) The Reid Vapor Pressure of a gasoline must be characteristic of the engine 

fuel during the season in which the service accumulation takes place in the 

outdoors, or must be characteristic of the engine fuel 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 accumulation. 

(B) Natural gas representative of commercial natural gas that will be generally 

available through retail outlets must be used in service accumulation. 

(d) Other fuels may be used for testing provided: 

(1) They are commercially viable, 

(2) Information, acceptable to the Executive Officer, is provided to show that only 

the designated fuel would be used in customer service; 

(3) Use of a fuel listed under paragraph (b) of this 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 must be either in the supply system or 

in the air stream entering the engine. 

(b) The temperature measurements must be accurate to within ± 2 degrees Celsius. 

46. Engine Intake Air Humidity Measurement. 

This section refers to engines which are supplied with intake air other than the ambient 

air in the test cell (i.e., air which has been plumbed directly to the engine air intake 

system). For engines which use ambient test cell air 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 supply system, and after the humidity 

conditioning has taken place. 

(b) Unconditioned air supply. Humidity measurements in unconditioned intake air 

supply must be made in the intake air stream entering the engine. Alternatively, the 

humidity measurements can be measured within the intake air stream entering the 

supply system. 

47. Test Conditions. 

(a) General requirements. 

(1) Ambient temperature levels encountered by the test engine throughout the 

test sequence may not be less than 20 degrees Celsius nor more than 

30 degrees Celsius. 

(2) Calculate all volumes and volumetric flow rates at standard conditions for 

temperature and pressure. Use these conditions consistently throughout all 

calculations. Standard conditions for temperature and pressure are 25 degrees 

Celsius and 101.3 kilopascals. 

(b) Engine test conditions. Measure the absolute temperature (designated as T and 

expressed in degrees Kelvin) of the engine air at the inlet to the engine and the dry 

atmospheric pressure (designated as ps and expressed in kilopascals. Determine the 

parameter f according to the following provisions: 
49 

(1) Naturally aspirated and mechanically supercharged engines: 

7.0

298

99 











=

T

x

P

f

s

(2) Turbocharged engine with or without cooling of inlet air: 

7.0 5.1

298

99 



























=

T

x

P

f

s

(3) For a test to be recognized as valid, the parameter f must be between the 

limits as shown below: 

96.0 < f < 04.1

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 is defined by the contamination limits 

given in parenthesis. The following gases must be available for operation. 

(1) Purified nitrogen, also referred to as “zero-grade nitrogen” 

(Contamination < 1 ppm C, < 1 ppm CO, < 400 ppm CO2, < 0.1 ppm NO) 

(2) Purified oxygen (Purity 99.5 percent vol O2) 

(3) Hydrogen-helium mixture (40 ± 2 percent hydrogen, balance helium) 

(Contamination < 1 ppm C, < 400 ppm CO) 

(4) Purified synthetic air, also referred to as “zero gas” 

(Contamination < 1 ppm C, < 1 ppm CO, < 400 ppm CO2, < 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 NIST “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 

C3H8 and purified synthetic air (dilute measurements); C3H8 and purified nitrogen 

(raw measurements); CO and purified nitrogen; NOx and purified nitrogen (the 

amount of NO2 contained in this calibration gas must not exceed five percent of 

the NO content); CO2 and purified nitrogen. 

Note: For the HFID or FID, the manufacturer may choose to use as a diluent 

span gas and the calibration gas either purified synthetic air or purified nitrogen. 

Any mixture of C3H8 and purified synthetic air which contains a concentration of 

propane higher than what a gas supplier considers to be safe may be substituted 

with a mixture of 8 C3H8 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 chooses to use C3H8 and purified 

nitrogen for the calibration gases, then purified nitrogen must be the diluent for 

the span gases. 

(3) The true concentration of a span gas must be within ± two percent of the 

NIST gas standard. The true concentration of a calibration gas must be within 

± one percent of the NIST gas standard. The use of precision blending devices 

(gas dividers) to obtain the required calibration gas concentrations is acceptable. 

Give all concentrations of calibration gas on a volume 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 N2 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 percent. 

(d) Oxygen interference check gases must contain propane 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 balance oxygen. 

(e) Fuel for the hydrocarbon flame ionization detector (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 percent hydrogen fuel may be used 

with advance approval of the Executive Officer. 

(f) Hydrocarbon analyzer burner air. The concentration of oxygen must be within one 

mole percent of the oxygen concentration of the burner air used in the latest oxygen 

interference check (percent O2I), see Part III, section 16(d). If the difference in oxygen 

concentration is greater than one mole percent, then the oxygen interference must be 

checked and the analyzer adjusted if necessary, to meet the percent O2I requirements. 

The burner air must contain less than two ppmC hydrocarbon. 
51 

49. Analyzers Required. 

(a) Analyzers. Analyze measured gases with the following instruments: 

(1) Carbon monoxide (CO) analysis. 

(i)(A) The carbon monoxide analyzer must be of the non-dispersive infrared 

(NDIR) absorption type. 

(ii)(B) The use of linearizing circuits is permitted. 

(2) Carbon dioxide (CO2) analysis. 

(i)(A) The carbon dioxide analyzer must be of the non-dispersive infrared (NDIR) 

absorption type. 

(ii)(B) The use of linearizing circuits is permitted. 

(3) Oxygen (O2) analysis. Oxygen (O2) analyzers may be of the 

paramagnetic (PMD), zirconia (ZRDO) or electrochemical type (ECS). 

(4) Hydrocarbon (HC) analysis. 

(i)(A) For Raw Gas Sampling, the hydrocarbon analyzer must 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 exhaust 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 temperature 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 to maintain a wall temperature 

greater than 180 degrees Celsius. 

(iii)(C) For the HFID analyzer, the detector, oven, and sample handling 

components within the oven must be suitable for continuous operation at 

temperatures to 200 degrees Celsius. It must by capable of maintaining 

temperature within ± 5.5 degrees Celsius of the set point. 

(iv)(D) Fuel and burner air must conform to the specifications in Part III, 

section 12. 
52 

(v)(E) The percent of oxygen interference must be less than three percent, as 

specified in Part III, section 16(d). 

(5) Oxides of nitrogen (NOX) analysis. 

(i)(A) This analysis device consists of the following items: 

(A)(i) A NO2 to NO converter. The NO2 to NO converter efficiency must be 

at least 90 percent. 

(B)(ii) An ice bath located after the NOX converter (optional). 

(C)(iii) A chemiluminescent detector (CLD) or heated chemiluminescent 

detector (HCLD). 

(ii)(B) The quench interference must be less than three percent 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 NOX measurement system must pass 

through the NO2 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 acceptable method of removing water from 

the sample. Water removal by condensation is acceptable. 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 function 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 repetitive responses to a given 

calibration or span gas. 

(2) Noise. The analyzer peak-to-peak response to zero 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 during a one-hour period must be 

less than two percent of full-scale chart deflection on the lowest range used. The 

zero-response is defined as the mean response including noise to a zero-gas 

during a 30-second time interval. 

(4) Span drift. The analyzer span drift during a one-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 interval. 

(b) Operating procedure for analyzers and sampling system. Follow the start-up and 

operating instructions of the instrument manufacturer. 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 deflection 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 resolution below 15 percent of 

full scale. Such systems may be used provided that additional calibrations are 

made to ensure the accuracy of the calibration curves. The following procedure 

for calibration below 15 percent of full scale may be used: 

Note: If a gas divider is used, the gas divider must conform to the accuracy 

requirements as follows: The use of precision blending 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 or 
54 

other gas standards which have been approved by the Executive Officer. This 

accuracy implies that primary gases used for blending 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 calibration gas. The span 

gases must be accurate to within ± 2 percent of NIST gas standards or other gas 

standards which have been approved by the Executive Officer. 

(ii)(B) Generate a calibration curve according to, and meeting 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 for calibrating the CO2

analyzer) with a concentration between the two lowest non-zero gas divider 

increments. This gas must be “named” to an accuracy of ± 2 percent of NIST 

gas standards, or other standards approved by the Executive Officer. 

(iv)(D) Using the calibration curve fitted to the points generated 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 from the 

curve must be within ± 2.3 percent (± 2.8 percent for CO2 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 paragraph (c)(2)(iii)(C) of this 

section and determine the remainder of the calibration points. Fit a calibration 

curve per sections 16, 17, 18, and 20 of this chapter for the entire analyzer 

range. 

(d) Emission measurement accuracy – continuous sampling. Analyzers used for 

continuous analysis must be operated such that the measured concentration falls 

between 15 and 100 percent of full scale chart deflection. Exceptions to these limits 

are: 

(1) The analyzer's response may be less than 15 percent or more than 100 

percent of full scale if automatic range change circuitry is used and the limits for 

range changes are between 15 and 100 percent of full scale chart deflection; 

(2) The analyzer's response may be less than 15 percent 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 below 15 percent; or 

(ii)(B) The full scale value of the range is 155 ppmC or less; or 
55 

(iii)(C) The emissions from the engine are erratic and the integrated chart 

deflection value for the cycle is greater than 15 percent of full scale; or 

(iv)(D) The contribution of all data read below the 15 percent 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 according to the recommendations of 

the manufacturer. If not specified, a minimum of two 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 Part III, section 16(b). 

(c) Zero setting and calibration. Using purified synthetic air (or nitrogen), set the CO, 

CO2, NOX 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 setting and, if necessary, repeat the 

procedure described in paragraph (c) of this section. 

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 Celsius between 185 and 197 degrees 

Celsius. 

(b) Initial and periodic optimization of detector response. Prior to introduction into 

service and at least annually thereafter, adjust the FID and HFID hydrocarbon analyzer 

for optimum hydrocarbon response as specified by this paragraph. Alternative methods 

yielding equivalent results may be used, if approved in advance by the Executive 

Officer. 

(1) Follow good engineering practices for initial instrument startup and basic 

operating adjustment using the appropriate fuel (see 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 Engineers (SAE) paper 

No. 770141, “Optimization of Flame Ionization Detector 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], incorporated 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 determined, they are recorded for 

future reference. 

(c) Initial and periodic calibration. Prior to introduction into service and monthly 

thereafter, or within one month before the certification test, calibrate the FID or HFID 

hydrocarbon analyzer on all normally used instrument ranges, using the steps in this 

paragraph. Use the same flow rate and pressures as when analyzing samples. 

Introduce calibration gases directly at the analyzer. 

(1) Adjust analyzer to optimize performance. 

(2) Zero the hydrocarbon analyzer with purified synthetic air or zero-grade 

nitrogen. 

(3) Calibrate on each used operating range with calibration gases having nominal 

concentrations between 10 and 90 percent of that range. A minimum of six 

evenly spaced points covering at least 80 percent of the 10 to 90 percent range 

(64 percent) is required (see following table). 

Example calibration points Acceptable for calibration? 

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 from a least squares best-fit 

straight line is two percent or less of the value at 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 range where the oxygen interference 

check gases will fall in the upper 50 percent. Conduct the test, as outlined in this 

paragraph, with the oven temperature set as required by the instrument manufacturer. 

Oxygen interference check gas specifications are found in Part III, section 12(d). 

(1) Zero the analyzer. 

(2) Span the analyzer with the 21 percent oxygen blend. 

(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 oxygen interference check gases. 

(5) Recheck the zero response. If it has changed more than ± one percent of full 

scale, repeat the test. 

(6) Calculate the percent of oxygen interference (designated as percent O2I) for 

each mixture in paragraph (d)(4) of this section according to the following 

equation: 

(100)

( )

2

x

B

B Analyzer response ppmC

percent O I =

Where: 

(% ( ))

% ( )

x of fullscale analyzer response B

of fullscale analyzer response A

A

analyzer response 















=

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) of 

this section. 
58 

(7) The percent of oxygen interference (designated as percent O2I) must be less 

than ± three percent for all required oxygen interference check gases before 

testing. 

(8) If the oxygen interference is greater than the specifications, incrementally 

adjust the air flow above and below the manufacturer's specifications, repeating 

paragraphs (d)(1) through (d)(7) of this section for each flow. 

(9) If the oxygen interference is greater than the specification after adjusting the 

air flow, vary the fuel flow and thereafter the sample flow, repeating paragraphs 

(d)(1) through (d)(7) of this section for each new setting. 

(10) If the oxygen interference is still greater than the specifications, repair or 

replace the analyzer, FID fuel, or burner air before testing. Repeat this section 

with the repaired or replaced equipment or gases. 

53. Carbon Monoxide Analyzer Calibration. 

(a) Calibrate the NDIR carbon monoxide analyzer described 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 CO2: 

(1) Follow good engineering practices for instrument 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 purified synthetic air or 

zero-grade nitrogen. 

(3) Bubble a mixture of three percent CO2 in N2 through water at room 

temperature and record analyzer response. 

(4) An analyzer response of more than one percent of 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 columns is one form of corrective 

action which may be taken.) 

(c) Initial and periodic calibration. Calibrate the NDIR carbon monoxide analyzer before 

its introduction into service and monthly thereafter. 

(1) Adjust the analyzer to optimize performance. 

(2) Zero the carbon monoxide analyzer with either purified synthetic air or 

zero-grade nitrogen. 
59 

(3) Calibrate on each normally used operating range with carbon monoxide-in-N2

calibration gases having nominal concentrations between 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 calibration? 

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 straight 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 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. 

54. Oxides of Nitrogen Analyzer Calibration. 

(a) Calibrate the chemiluminescent oxides of nitrogen analyzer as described in this 

section. 

(b) Initial and periodic interference. Prior to its introduction into service, and monthly 

thereafter, check the chemiluminescent oxides of nitrogen analyzer for NO2 to NO 

converter efficiency. Figure 2 in Appendix B of this Part is a reference for the following 

paragraphs: 

(1) Follow good engineering practices for instrument start-up and operation. 

Adjust the analyzer to optimize performance. 

(2) Zero the oxides of nitrogen analyzer with purified synthetic air or zero-grade 

nitrogen. 

(3) Connect the outlet of the NOX generator to the sample inlet of the oxides of 

nitrogen analyzer which has been set to the most common operating range. 
60 

(4) Introduce into the NOX generator analyzer-system an NO-in-nitrogen (N2) 

mixture with an NO concentration equal to approximately 80 percent of the most 

common operating range. The NO2 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 NOX generator O2 (or air) supply and adjust the O2 (or air) flow 

rate so that the NO indicated by the analyzer is about 10 percent less than 

indicated in paragraph (b)(5) of this section. Record the concentration of NO in 

this NO+O2 mixture as value “c.” 

(7) Switch the NOX generator to the generation mode and adjust the generation 

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 residual NO as value “d.” 

(8) Switch the oxides of nitrogen analyzer to the NOX mode and measure total 

NOX. Record this value as “a.” 

(9) Switch off the NOX generator but maintain gas flow through the system. The 

oxides of nitrogen analyzer will indicate the NOX in the NO+O2 mixture. Record 

this value as “b.” 

(10) Turn off the NOX generator O2 (or air) supply. The analyzer will now indicate 

the NOX in the original NO-in-N2 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 NOX converter by substituting the 

concentrations obtained into the following equation: 

 Where: 

1 x 100

cd

ab

percent efficiency 











= +

a = concentration obtained in paragraph (b)(8) of this 

section, 

b = concentration obtained in paragraph (b)(9) of this 

section, 

c = concentration obtained in paragraph (b)(6) of this 

section, 
61 

d = concentration obtained in paragraph (b)(7) of this 

section. 

(c) Initial and periodic calibration. Prior to its introduction into service, and monthly 

thereafter, calibrate the chemiluminescent oxides of 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-N2 calibration 

gases with nominal concentrations between 10 and 90 percent of that range. A 

minimum of six evenly spaced points covering at least 80 percent of the 10 to 90 

percent range (64 percent) is required (see following table). 

Example calibration points Acceptable for calibration? 

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 straight 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 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. 

55. NOX Converter Check. 

(a) The efficiency of the converter used for the conversion of NO2 to NO is tested as 

given in paragraphs (a)(1) through (a)(8) of this section (see Figure 2 in Appendix B to 

this Part). 

(1) Using the test setup as shown in Figure 2 in Appendix B to this Part (see also 

Part III, section 18 of this chapter) and the procedures described in paragraphs 
62 

(a)(2) through (a)(8) of this section, test the efficiency 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 gas (the NO content of which 

must amount to about 80 percent of the operating range and the NO2

concentration of the gas mixture less than five percent of the NO concentration). 

The NOX analyzer must be in the NO mode so that the span gas does not pass 

through the converter. Record the indicated concentration. 

(3) Calculate the efficiency of the NOX 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 indicated calibration concentration 

given in paragraph (a)(2) of this section. Record the indicated concentration as 

“c.” The ozonator is kept deactivated throughout the 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 section. Record the indicated 

concentration as “d.” Note that if, with the analyzer in the most common range 

the NOX 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 NOX mode, which means that the gas mixture 

(consisting of NO, NO2, O2 and N2) 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 the detector. Record the 

indicated concentration as “b.” 

(8) Switched to NO mode with the ozonator deactivated, the flow of oxygen or 

synthetic air is also shut off. The NOX reading of the analyzer may not deviate by 

more than ± five percent of the theoretical value of the figure given in paragraph 

(a)(2) of this section. 

(b) The efficiency of the converter must be tested before each calibration of the 

NOX 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 monthly thereafter, or within one month 

before the certification test, calibrate the NDIR carbon dioxide analyzer as follows: 

(1) Follow good engineering practices for instrument start-up and operation. 

Adjust the analyzer to optimize performance. 

(2) Zero the carbon dioxide analyzer with either purified synthetic air or 

zero-grade nitrogen. 

(3) Calibrate on each normally used operating range with carbon dioxide-in-N2

calibration or span gases having nominal concentrations between 10 and 90 

percent of that range. A minimum of six evenly spaced points covering at least 

80 percent of the 10 to 90 percent range (64 percent) is required (see following 

table). 

Example calibration points Acceptable for calibration? 

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 straight 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 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.

57. NDIR Analyzer Calibration. 

(a) Detector optimization. If necessary, follow the 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 approximately 90 percent of full-scale 

chart deflection. 

(3) Recheck the zero response. If it has changed more 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 concentration. A minimum of six evenly 

spaced points covering at least 80 percent of the 10 to 90 percent range (64 

percent) is required (see following table). 

Example calibration points Acceptable for calibration? 

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 the 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 calibration curve must fit the 

data points within two percent of point or one percent of full scale, whichever is 

less. 

(A) y = Ax + Bx + Cx + Dx + E

4 3 2

 (1)

(B)

Ax Bx Cx Dx E

x

y

+ + + +

= 4 3 2

 (2)

 y = concentration 

 x = chart deflection 

(6) Option. A new calibration curve need not be generated 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 this section are within one 

percent of full scale or two percent of point, whichever is less, of the responses 
65 

predicted by the calibration curve for the gases used in paragraph (b)(4) of this 

section. 

(7) If multiple range analyzers are used, the lowest range used must meet the 

curve fit requirements below 15 percent of full scale. 

(c) Linear calibration criteria. If any range is within two percent of being linear, a linear 

calibration may be used. To determine if this criterion 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 chart 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)

( )

Full scale linear chart deflection

zx

percent L =

(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 defined 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 practice. 

59. Analyzer Bench Checks. 

(a) Prior to initial use and after major repairs, verify that each analyzer complies with the 

specifications given in Table 1 to this Part. 

(b) If a stainless steel NO2 to NO converter is used, condition all new or replacement 

converters. The conditioning consists of either purging the converter with air for a 

minimum of four hours or until the converter efficiency 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 converters. 
66 

60. Analyzer Leakage Check. 

(a) Vacuum side leak check. 

(1) Check any location within the analysis system where a vacuum leak could 

affect the test results. 

(2) The maximum allowable leakage rate on the vacuum 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 the leaks are of sufficient 

magnitude. As a safety precaution, it is good engineering 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 the gas being measured, but to a 

lesser degree. Negative interference occurs in NDIR 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 interference checks described in this 

section are to be made initially and after any major repairs that could affect analyzer 

performance. 

(b) CO analyzer water and CO2 interference checks. Bubble through water at room

temperature a CO2 span gas having a concentration of between 80 percent and 100 

percent inclusive of full scale of the maximum operating 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) NOX analyzer quench check. The two gases of concern for CLD (and HCLD) 

analyzers are CO2 and water vapor. Quench responses to these two gases are 

proportional to their concentrations and, therefore, require test techniques to determine 

quench at the highest expected concentrations experienced during testing. 

(1) NOX analyzer CO2 quench check. 
67 

(i)(A) Pass a CO2 span gas having a concentration of 80 percent to 100 percent 

of full scale of the maximum operating range used during testing through the CO2

NDIR analyzer and record the value as “a.” 

(ii)(B) Dilute the CO2 span gas approximately 50 percent with NO span gas and 

pass through the CO2 NDIR and CLD (or HCLD). Record the CO2 and NO 

values as “b” and “c,” respectively. 

(iii)(C) Shut off the CO2 and pass only the NO span gas through the CLD (or 

HCLD). Record the NO value recorded as “d.” 

(iv)(D) Calculate the percent CO2 quench as follows, which may not exceed three 

percent: 

( )

b

a x

d x a d x b

c x a

percent CO quench x 

( )( )

( )

100 1 2 















=

Where: 

a = Undiluted CO2 concentration (percent) 

b = Diluted CO2 concentration (percent) 

c = Diluted NO concentration (ppm) 

d = Undiluted NO concentration (ppm) 

(2) NOX 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 and pass it through the CLD 

(or HCLD). Record the analyzers response as AR. Determine and record the 

analyzers absolute operating pressure and the bubbler water temperature. (It is 

important that the NO span gas contains minimal NO2 concentration for this 

check. No allowance for absorption of NO2 in water has been made in the 

following quench calculations.) 
68 

(ii)(B) Calculations for water quench must consider dilution of the NO span gas 

with water vapor and scaling of the water vapor concentration of the mixture to 

that expected during testing. Determine the mixture'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 Z1 = 100 x 

 Where: 

GP = the analyzer's standard operating pressure (pascals) 

(iii)(C) Calculate the expected dilute NO span gas and water vapor mixture 

concentration (designated as “D1”) by the following equation: 

( )

100

1 1 D1 = D x Z

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 procedure (A chronic need for parameter 

adjustment can indicate a need for instrument maintenance.): 

(a) Make the calibration using a zero gas and a span gas whose nominal value is 

between 80 percent and 100 percent of full scale, inclusive, 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 the calibration is made. 

(d) If necessary, clean and/or replace filter elements before calibration is made. 

(e) Calibrate analyzer(s) as follows: 

(1) Zero the analyzer using the appropriate zero gas. Adjust analyzer zero if 

necessary. Zero reading should be stable. 

(2) Span the analyzer using the appropriate span gas 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 differs 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 sampling 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 heating element. Monitor the 

temperature at that location. If several components are within an oven, then only the 

surface temperature of the component with the largest thermal mass and the oven 

temperature need be measured. 

(b) If water is removed by condensation, monitor the sample gas temperature or sample 

dew point either within the water trap or downstream. It may not exceed 7 degrees 

Celsius. 

64. Measurement Equipment Accuracy/Calibration Frequency 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 exceeded. 

(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, bench check each analyzer (see Part III, 

section 23). 

(d) Calibrate as specified in Part III, section 6 and sections 15 through 22. 

(e) At least monthly, or after any maintenance which could alter calibration, perform the 

following calibrations and checks. 

(1) Leak check the vacuum side of the system (see Part III, section 24(a)). 

(2) Verify that the automatic data collection system (if used) meets the 

requirements found in Table 1 in Appendix A of this Part. 

(3) Check the fuel flow measurement instrument to insure that the specifications 

in Table 1 in Appendix A to this Part are met. 

(f) Verify that all NDIR analyzers meet the water rejection ratio and the CO2 rejection 

ratio as specified in Part III, section 25. 

(g) Verify that the dynamometer test stand and power output instrumentation meet the 

specifications in Table 1 in Appendix A to this Part. 
70 

65. Catalyst Thermal Stress Test. 

(a) Oven characteristics. The oven used for thermally stressing the test catalyst must 

be capable of maintaining a temperature of 500 degrees Celsius ± 5 degrees Celsius 

and 1000 degrees Celsius ± 10 degrees Celsius. 

(b) Evaluation gas composition. 

(1) A synthetic exhaust gas mixture is used for evaluating 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 Monoxide1 1 — 

Oxygen 1.3 — 

Carbon Dioxide 9 — 

Water Vapor 10 — 

Sulfur Dioxide — 20 

Oxides of Nitrogen — 280 

Hydrogen — 3500 

Hydrocarbon1,2 — 4000 

Nitrogen=Balance — — 

1 Alternatively, the carbon monoxide and hydrocarbon proportions of the mixture may be changed to 1.2% and 4650 ppm,

 respectively (using one of these concentrations 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 reading1 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 NOx analyzer ± 2%2 Same Monthly 

19 NOx converter check 90% Same Monthly 

20 CO2 analyzer ± 2%2 Same Monthly 

1. All accuracy requirements pertain to the final recorded value, which is inclusive of the data acquisition system. 

2. If reading is under 100 ppm then the accuracy shall be ± 2 ppm. 
B-72 

Appendix B to Part III – Figures. 
B-73 
74 

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 gas sampling and constant volume 

sampling unless indicated otherwise. 

(b) Requirements for emission test equipment and calibrating 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 this Part. 

69. Test Procedure Overview. 

(a)The test consists of prescribed sequences of engine operating conditions to be 

conducted on an engine dynamometer or equivalent load and speed measurement 

device. The exhaust gases generated during engine operation are sampled either raw 

or dilute, and specific components are analyzed through the analytical system. 

(b)The tests are designed to determine the brake-specific emissions of hydrocarbons, 

carbon monoxide, and oxides of nitrogen. The test consists of one idle mode and four 

power modes with an exponential relationship between torque and speed which span 

the typical operating range of spark-ignition marine engines. These procedures require 

the determination of the concentration of each pollutant, 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 emissions 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 considered parasitic in nature 

and observed power is used in the emission calculation. 

(d) All emission control systems installed on or incorporated in the application must be 

functioning during all procedures in this Part. In cases of component malfunction or 
75 

failure, no maintenance is allowed without prior approval from the Executive Officer in 

accordance with Part I, section 23. 

70. Recorded Information. 

(a) Record the information described in this section 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 tenth hour). 

(5) Fuel identification. 

(6) For two-stroke engines, fuel/oil mixture ratio.

(7) Date of most recent analytical assembly calibration. 

(8) All pertinent instrument information such as tuning, 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 pressure 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 each test segment zero traces for 

each range used, and span traces for each range used. 

(d) Test data; modal. 

(1) Recorder chart or equivalent. Identify for each test mode the emission 

concentration traces and the associated analyzer range(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 mode. 

(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 temperature in the measurement 

system for fuel density corrections to the mass flow rate. If the fuel temperature 

is within 3 degrees Celsius of the calibration temperature, 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 hang-up check. 

(2) Recorder chart or equivalent. Identify the zero 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 parameters 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 applicable °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 manufacturer 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 highest emission levels. 

73. Pre-test Procedures. 

(a) Engine service accumulation and stabilization procedure. Use the service 

accumulation procedure determined by the manufacturer for exhaust emission 

stabilizing of an engine, consistent with good engineering practice (see Part 1, 

section 21). 

(1) The manufacturer determines, for each engine family, the number of hours at 

which the engine exhaust emission control system combination is stabilized for 

emission testing. However, this stabilization procedure may not exceed 12 

hours. The manufacturer must maintain, and provide to the Executive Officer 

upon request, a record of the rationale used in making this determination. If the 

manufacturer can document that, at some time before the full 12 hour service 
78 

accumulation period, the engine emissions are decreasing for the remainder of 

the 12 hours, the service accumulation may be completed at that time. The 

manufacturer may elect to accumulate 12 hours on each test engine within an 

engine family without making this determination. 

(2) During service accumulation, the fuel and lubricants 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 specified test fuel (see Part III, 

section 8) to 50 percent of the tank's nominal capacity. 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 sampling method) and torque before 

and after the emission sampling equipment is installed, including the sample 

probe, using mode 1 from Table 1-1 in Part 1, section 20. The emission 

sampling equipment may not significantly affect the operational characteristics of 

the engine (typically, the results should agree within five percent). 

(c) Analyzer pre-test procedures. 

(1) If necessary, warm up and stabilize the analyzer(s) before calibrations are 

performed. 

(2) Replace or clean the filter elements and then vacuum leak check the system 

per Part III, section 24(a). If necessary, allow the 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 NOX sample line temperature must be maintained between

60 degrees Celsius and 230 degrees Celsius. 

(B) Check that the system response time has been accounted for before sample 

collection data recording. 

(C) A hang-up check is permitted. 
79 

(4) Check analyzer zero and span before and after each test at a minimum. 

Further, check analyzer zero and span any time a range change is made or at 

the maximum demonstrated time span for stability for 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, section 17, may be made to the 

test engine before starting a test. 

(2) If necessary, warm up the dynamometer as recommended by the 

dynamometer manufacturer or in accordance good engineering 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 load 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 section 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 equal 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 appropriate, it is permitted to 

precondition the engine at rated speed and maximum power until the oil and 

water temperatures are stabilized. The temperatures 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 service 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 corresponding 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 stability. At the manufacturers option, 

determine and document the appropriate criterion for thermal stability for each 

engine family. 

(7) Record all modal data specified in Part IV, section 5(e) for a minimum time 

period of the last two minutes of each mode. Longer averaging periods are 

acceptable, but the data averaged must be from a continuous 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 period 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 between 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 within 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 equipment malfunctions or the 

specifications in Part IV, section 10 can not be met, 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 condition may be determined just 

before or immediately following the dynamometer sequence, 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, CO2, and NOX concentration in the exhaust sample. 
81 

(2) Each analyzer range that may be used during a test segment must have the 

zero and span responses recorded before the start of the test. Only the range(s) 

used to measure the emissions during the test is required to have its zero and 

span recorded after the completion of the test. Depending 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 between 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 and 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 percent of the manufacturers specified idle 

speed, whichever is greater. For direct drive products (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 operation. 

(c) If the operating conditions specified in paragraph (b) of this section for modes 2, 3, 4, 

and 5 cannot be maintained, the Executive Officer may authorize deviations from the 

specified load conditions. Such deviations shall not 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 the 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 the 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 measurement in paragraph (a)(1) of 

this section, the difference between the zero gas response and the hang-up zero 

response shall not be greater than 5.0 percent of full scale or 10 ppmC 

whichever is greater. 

(b) Begin the analyzer span checks within six minutes after the completion of the last 

mode in the test. Record for each analyzer the zero 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) immediately after the span checks. If the 

vacuum side leak check does not meet the requirements 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 the before-segment and after-segment 

span checks for each analyzer must meet the following requirements: 

(1) The span drift (defined as the change in the difference 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 percent of fullscale chart 

deflection for each range used above 155 ppm (or ppm C), or three percent of 

full-scale chart deflection for each range below 155 ppm (or ppm C). 

77. Data Logging. 

(a) A computer or any other automatic data collection (ADC) device(s) may be used as 

long as the system meets the requirements of this Part. 

(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 per second). 

(d) Determine the final value for power by averaging the individually calculated power 

points for each value of speed and torque recorded during the sampling period. As an 
83 

alternative, the final value for power can be calculated from the average values for 

speed and torque, collected during the sampling period. 

(e) Determine the final value for CO2, CO, HC, and NOX concentrations by averaging 

the concentration of each point taken during the sample period for each mode. 

78. Exhaust Sample Procedure – Gaseous Components. 

(a) Automatic data collection equipment requirements. The analyzer response may be 

read by automatic data collection (ADC) equipment such as computers, data loggers, 

etc. If ADC equipment is used the following is required: 

(1) For dilute grab (“bag”) analysis, the analyzer response must be stable at 

greater than 99 percent of the final reading for the dilute exhaust sample bag. A 

single value representing the average chart deflection 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 stored. Alternatively, the ADC may 

store the individual instantaneous values collected during the measurement 

period. 

(3) The chart deflections or average integrated concentrations 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 discs, punch cards, and so 

forth, or they may be printed in a listing for storage. In either case a chart 

recorder is not required and records from a chart recorder, 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 analyzer as if the ADC equipment 

is part of analyzer system. 

(b) Data records from any one or a combination of analyzers may be stored as chart 

recorder records. 

(c) Grab sample analysis. For dilute grab sample analysis perform the following 

sequence: 

(1) Calibrate analyzers using the procedure described in Part III, section 26. 

(2) Record the most recent zero and span response as the preanalysis value. 

(3) Measure HC, CO, CO2, and NOX 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 analyzers 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 range 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 difference 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 chart deflection for any range used. 

Otherwise the test is void. 

(d) Continuous sample analysis. For continuous sample analysis, perform the following 

sequence: 

(1) Calibrate analyzers using the procedures described 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 lines, filters, pumps, and so 

forth to stabilize at operating temperature. 

(3) Option: Determine the hang-up for the FID or HFID 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 deflection, 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 paragraph (f) of this section 

is recommended as a periodic check. 

(4) Obtain a stable zero reading. 

(5) Good engineering practice dictates that analyzers 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 as the preanalysis values. 

(7) Collect background HC, CO, CO2, and NOX 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 section. Record these responses 

as the post-analysis values. 

(9) Neither the zero drift nor the span drift between the preanalysis and postanalysis checks on any range used may exceed three percent for HC, or two 

percent for NOX, CO, and CO2, of full scale chart deflection, or the test is void. (If 

the HC drift is greater than three percent of full-scale chart deflection, 

hydrocarbon hang-up is likely.) 

(10) Determine background levels of NOX, CO, or CO2 (for dilute exhaust 

sampling only) by the grab (“bag”) technique outlined in paragraph (c) of this 

section. 

(e) Hydrocarbon hang-up. If HC hang-up is indicated, 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 the analyzer ports. 

(4) Analyze the background air through the entire sample 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) of this section. 

79. Raw Gaseous Exhaust Sampling and Analytical System Description. 

(a) Schematic drawing. An example of a sampling and 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 by the sample or corrosive 

calibration gases shall be either chemically cleaned stainless steel or inert material 

(e.g., polytetrafluoroethylene resin). The use of “gauge savers” or “protectors” with 

nonreactive diaphragms to reduce dead volumes is permitted. 

(b) Sample probe. 

(1) The sample probe shall be a straight, closed end, stainless steel, multi-hole probe. 

The inside diameter shall not be greater than the inside diameter of the sample line 

+ 0.03 cm. The wall thickness of the probe shall not be greater than 0.10 cm. The 
86 

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 spacing of the holes must be 

approximately equal. The angular spacing of any two holes in one plane may not be 

180 deg. ± 20 deg. (i.e., section C-C of Figure 1 in Appendix A of this Part). The holes 

should be sized such that each has approximately the same flow. If only three holes 

are used, they may not all be in the same radial plane. 

(3) The exhaust gas probe must be located in a position which yields a well mixed, 

homogeneous sample of the engine exhaust. The probe must extend radially through 

the exhaust duct before where the exhaust mixes with the cooling water. The cooling 

water flow may be rerouted if necessary to obtain an emission sample provided that the 

modification has no significant effect on the performance or emissions characteristics of 

the engine. The probe must pass through the approximate center and must extend 

across at least 80 percent of the diameter of the duct. 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 III is used, the sample probe 

must connect directly to valve V2 in Figure 1 of Appendix B of Part III. The 

location of optional valve V2 may not be greater than 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. The 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, bypass flow, and pressure relief vents of 

regulators should be vented in such a manner to avoid endangering personnel in the 

immediate area. 

(e) Any variation from the specifications in this Part including performance specifications 

and emission detection methods may be used only with prior approval by the Executive 

Officer. 

(f) Additional components, such as instruments, valves, 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 sample probe and split it 

internally to the different analyzers. 

(2) Heat the sample transport system from the engine exhaust pipe to the HC 

analyzer for the raw gas sampling method as indicated in Figure 1 in Appendix B 

of Part III. The NOX analyzer for the raw gas sampling method may be heated as 

indicated in Figure 1 in Appendix B of Part III. The HC analyzer and the NOX

analyzer for the dilute sampling method may be heated 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, CO2, and NOX 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 over the engine operating range during 

the test. Overall measurement accuracy must be ± two percent of full-scale value of the 

measurement device for all modes except the idle mode. For the idle mode, the 

measurement accuracy shall be ± five percent or less of the full-scale value. The 

Executive Officer must be advised of the method used 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 exhaust 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 measurement range used. 
88 

83. Data Evaluation for Gaseous Emissions. 

For the evaluation of the gaseous emissions recording, record the last two minutes of 

each mode and determine the average values for HC, CO, CO2, and NOX during each 

mode from the average concentration readings determined 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 weighted emission values for the test 

engine: 

6

10

1

( ) x WHX x 

M

M

W G G x

exh

HC

HC AIRD FUEL

exh

= +

6

10

1

( ) 

2

xWNO x K x

M

M

W G G x x H

exh

NO

NOx

= AIRD + FUEL

Where: 

WHC = Mass rate of HC in exhaust [g/hr], 

GAIRD = Intake air mass flow rate on dry basis [g/hr], 

GFUEL = Fuel mass flow rate [g/hr], 

6

10

1

( ) x WCO x 

M

M

W G G x

exh

CO

CO = AIRD + FUEL

MHCexh = Molecular weight of hydrocarbons in the exhaust; see 

the following equation: 

M xα HCexh=12 01. + .1 008

Where: 

α = Hydrocarbon/carbon atomic ratio of the fuel. 

Mexh = Molecular weight of the total exhaust; see the 

following equation: 
89 

= + + + + +18 01. 1( − ) +

10

.2 016 

10

46 01. 

10

44 1.

10

28 01. 

10

 

2

2

2 6

2

6 2

x K

M xWHC xWCO xWCO xWNO xWH M

HC x

exh

exh

2

4 2 4 2

10

100 1( )

10 10

100

28 01. 













− − − −WH − x − K

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 

WCO2 = CO2 percent concentration in the exhaust, wet 

DCO2 = CO2 percent concentration in the exhaust, dry 

WNOX = NO volume concentration in exhaust, ppm wet 

WH2 = H2 percent concentration in exhaust, wet 

K = correction factor to be used when converting dry 

measurements to a wet basis. Therefore, wet 

concentration = dry concentration x K, where K is: 

2 2

1 .0 005 ( ) 01.0 

1

+ x DCO + DCO xα − x DH

DH2 = H2 percent concentration in exhaust, dry, calculated 

from the following equation: 

 3( )

 5.0 ( )

2

2

2 DCO x DCO

x x DCO x DCO DCO

DH

+

+

=

α

WCO = Mass rate of CO in exhaust, [g/hr] 

MCO = Molecular weight of CO = 28.01 

WNOx = Mass rate of NOX in exhaust, [g/hr] 

MNO2 = Molecular weight of NO2 = 46.01 
90 

KH = Factor for correcting the effects of humidity on NO2

formation for four-stroke gasoline engines; see the

equation below: 

1 .0 0329 ( 10 71. )

1

− −

=

x H

K H

Where: 

H = specific humidity of the intake air in grams of moisture 

per kilogram of dry air. 

For two-stroke gasoline engines, KH 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 the raw gas method. 

4

10

 

WHC

x

TC

G

W

FUEL

HC =

xWCO

TC

G

x

M

M

W

FUEL

F

CO

CO = 

H

FUEL x

F

NO

NO x K

WNO

x

TC

G

x

M

M

W

x

x

 

10

 

4

=

Where: 

WHC = Mass rate of HC in exhaust, [g/hr] 

MF = Molecular weight of test fuel; see following equation: 

M F = 12 01. + .1 008 x α

GFUEL = Fuel mass flowrate, [g/hr] 

TC = Total carbon; see following equation: 

2 4

10

WHC TC = WCO +WCO +

WHC = HC volume concentration in exhaust, ppmC wet 
91 

WCO = CO percent concentration in the exhaust, wet 

DCO = CO percent concentration in the exhaust, dry 

WCO2 = CO2 percent concentration in the exhaust, wet 

DCO2 = CO2 percent concentration in the exhaust, dry 

WNOx = NO volume concentration in exhaust, ppm wet 

WH2 = H2 percent concentration in exhaust, wet 

K = correction factor to be used when converting dry 

measurements to a wet basis. Therefore, wet 

concentration = dry concentration x K, where K is: 

2 2

1 .0 005 ( ) 01.0 

1

x DCO DCO x x DH

K

+ + −

=

α

DH2 = H2 percent concentration in exhaust, dry, calculated 

from the following equation: 

 3( )

 5.0 ( )

2

2

2 DCO x DCO

x x DCO x DCO DCO

DH

+

+

=

α

WCO = Mass rate of CO in exhaust, [g/hr] 

MCO = Molecular weight of CO = 28.01 

WNOx = Mass rate of NOX in exhaust, [g/hr] 

MNO2 = Molecular weight of NO2 = 46.01 

KH = Factor for correcting the effects of humidity on NO2

formation for four-stroke gasoline engines; see the

equation below: 

1 .0 0329 ( 10 71. )

1

− −

=

x H

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 to 1. 

(d) The final reported emission test results must be computed by using the following 

formula for each individual gas component: 

∑

∑=

( )

( )

i i

i i

wm P x f

W x f

Y

Where: 

Ywm = Weighted mass emission level (HC, CO, NOx) for a 

test [g/kW-hr]. 

Wi = Average mass flow rate (WHC, WCO, WNOx) of an 

emission from the test engine during mode i, [g/hr]. 

fi = Weighting factors for each mode according to Part IV, 

section 10(a). 

Pi = Average power measured during mode i, [kW], 

calculated according to the formula given in Part IV, 

section 23(b). Power for the idle mode shall always 

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

P x f

F x f

WBSFC

Where: 

WBSFC = Weighted brake-specific fuel consumption in grams of 

fuel per kilowatt-hour (g/kW-hr). 

Fi = Fuel mass flow rate of the engine during mode i, 

[g/hr]. 

fi = Weighting factors for each mode according to Part IV, 

section 10(a). 

Pi = Average power measured during mode i, [kW], 

calculated according to the formula given in Part IV, 

section 23(b). Power for the idle mode shall always 

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 of 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 measuring 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 used to control the total amount of 

dilute flow through the system. As the name implies, a CVS restricts flow to a known 

value dependent only on the dilute exhaust temperature and pressure. 

(c) For the testing described in this Part, a CVS must 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 constructed 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 dilute engine exhaust as described in 

Part IV, section 21. 

(3) Exhaust sample port. A dilute exhaust sample port must be located in or 

downstream of the mixing tunnel at a point where complete mixing of the engine 

exhaust and background air is assured. 

(4) Background sample port. A dilute background sample port must be located in 

the stream of background air before it is mixed with 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 sampling system controls the 

flow of samples from the mixing tunnel to the analyzer system. This could be 

either a continuous sampling system or grab (bag) sampling system. If a critical 

flow venturi (CFV) is used on the dilute exhaust sample 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 sampling system controls the 

flow of samples from the background air supply to the analyzer system. This 
94 

could be either a continuous sampling system or grab (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 described 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, NOx, CO, and CO2. Grab sampling for individual modes is an 

acceptable method of dilute testing for all constituents, HC, NOx, CO, and CO2. 

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 NOx. The mass of gaseous emissions is determined from the 

sample concentration and total flow over the test period. As an option, the 

measurement of total fuel mass consumed over a cycle may be substituted for the 

exhaust measurement of CO2. General requirements are as follows: 

(1) This sampling system requires the use of a Positive Displacement PumpConstant Volume Sampler (PDP-CVS) system with a heat 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 capabilities (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 from the diluted exhaust 

stream through a heated probe and integrated continuously over the test cycle. 

(v)(E) The heated probe must be located in the sampling system far enough 

downstream of the mixing area to ensure a uniform sample distribution across 

the CVS duct at the sampling zone. 
95 

(3) The CO and CO2 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 capabilities (see Part IV, section 23, and 

Figure 4 in Appendix A of this Part), or 

(ii)(B) Continuously integrated measurement of diluted CO and CO2 meeting the 

minimum requirements and technical specifications contained in paragraph (b)(4) 

of this section. 

(4) The NOx 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 capabilities (see Part IV, section 23, and 

Figure 4 in Appendix A of this Part), or 

(ii)(B) A continuously integrated measurement of diluted NOx meeting the 

minimum requirements and technical specifications contained in paragraph (b)(4) 

of this section. 

(5) Since various configurations can produce equivalent results, exact 

conformance with these drawings is not required. Additional components such 

as instruments, valves, solenoids, pumps, and switches may be used to provide 

additional information and coordinate the functions of the component systems. 

Other components, such as snubbers, which are not needed 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 the Executive Officer. 

(b) Component description. The components necessary for exhaust sampling must 

meet the following requirements: 

(1) Exhaust dilution system. The PDP-CVS must conform 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 requirements listed for the 

exhaust gas CFV-CVS in Part IV, section 20. In addition, 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 temperature of 190 degrees Celsius or 

less at the sampling zone for hydrocarbon measurement and as required to 

prevent condensation at any point in the dilution system. Gaseous emission 

samples may be taken directly from this sampling point. 
96 

(ii)(B) For the CFV-CVS, either a heat exchanger or electronic flow compensation 

is required (see Figure 3 in Appendix A of this Part). 

(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 requirement that condensation 

does not occur. The temperature measuring system (sensors and readout) must 

have an accuracy and precision of ± 2 degrees Celsius. 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 Figure 2 or 3 in Appendix 

A of this Part) uses an “overflow” zero and span system. In this type of system, 

excess zero or span gas spills out of the probe when zero and span checks of 

the analyzer are made. 

(ii)(B) No other analyzers may draw a sample from the continuous HC sample 

probe, line, or system, unless a common sample pump is used for all analyzers 

and the sample line system design reflects good engineering practice. 

(iii)(C) The overflow gas flow rates into the sample line must be at least 105 

percent of the sample system flow rate. 

(iv)(D) The overflow gases must enter the sample line as close as practical to the 

outside surface of the CVS duct or dilution system.

(v)(E) The continuous HC sampling system consists of a probe (which for a HFID 

analyzer must raise the sample to the specified temperature) and, where used, a 

sample transfer system (which for a HFID must maintain the specified 

temperature). The HFID continuous hydrocarbon sampling 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 permanent thermocouples 

located at each of the separate components. 

(B)(ii) Have a wall temperature of 190 degrees Celsius ± 11 degrees 

Celsius over its entire length. The temperature of the system is 

demonstrated by profiling the thermal characteristics of the system where 

possible at initial installation and after any major maintenance performed 

on the system. The profiling is to be accomplished using the insertion 

thermocouple probing technique. The system temperature must be 
97 

monitored continuously during testing at the locations 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 HFID. Determine these 

gas temperatures by a temperature sensor located immediately 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 continuous hydrocarbon 

sampling system. 

(B)(ii) Has a 0.483 cm minimum inside diameter. 

(C)(iii) Is installed in the dilution system at a point where the dilution air 

and exhaust are well mixed and provide a homogenous mixture. 

(D)(iv) Is sufficiently distant (radially) from other probes and the system 

wall so as to be free from the influence of any wakes 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 compliance 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 system must be taken 

into account when logging test data. 

(3) Sample mixing. 

(i)(A) Configure the dilution system to ensure a well mixed, 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 NOx, CO, and CO2 measurement systems. 

(i)(A) Sample probe requirements: 

(A)(i) The sample probe for continuously integrated NOx, CO, and CO2

must be in the same plane as the continuous HC probe, 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 NOx, CO, and CO2

must be heated and insulated over the entire length, to prevent water 

condensation, to a minimum temperature of 55 degrees 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 NOx, CO, or CO2 sampling and analysis system 

to the specifications of Part III with the following 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 specifications of Part 

III, section 12 for calibration, zero and span checks. 

(D)(iv) Use a calibration curve conforming to Part III, section 21 for CO 

and CO2 and Part III, section 18 for NOx 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 calibration 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 analyzing CVS grab “bag” samples from 

spark-ignition engines. Since various configurations 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 additional 
99 

information and coordinate the functions of the component 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 engineering judgment. 

(b) Major component description. The analytical system, 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, nondispersive infrared analyzers (NDIR) 

for the measurement of carbon monoxide and carbon dioxide, and a 

chemiluminescence detector (CLD) (or heated CLD (HCLD)) for the measurement of 

oxides of nitrogen. The exhaust gas analytical system shall conform to the following 

requirements: 

(1) The CLD (or HCLD) requires that the nitrogen dioxide present in the sample 

be converted to nitric oxide before analysis. Other types of analyzers may be 

used if shown to yield equivalent results and if approved in advance by the 

Executive Officer. 

(2) If CO instruments are used which are essentially free of CO2 and water vapor 

interference, the use of the conditioning column may be deleted. (See Part III, 

sections 17 and 20.) 

(3) A CO instrument will be considered to be essentially free of CO2 and water 

vapor interference if its response to a mixture of three percent CO2 in N2, which 

has been bubbled through water at room temperature, produces an equivalent 

CO response, as measured on the most sensitive CO range, which is less than 

one percent of full scale CO concentration on ranges 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 be 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 approved in advance by the Executive 

Officer. 

89. Dilute Sampling Procedure – CVS Calibration. 

(a) The CVS is calibrated using an accurate flowmeter 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 should 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 device.) 
100 

(2) The CVS calibration procedures are designed for use of a “metering venturi” 

type flowmeter. Large radius or American Society of Mechanical Engineers 

(ASME) flow nozzles are considered equivalent if traceable to NIST 

measurements. Other measurement systems may be used if shown to be 

equivalent under the test conditions in this section and traceable to NIST 

measurements. 

(3) Measurements of the various flowmeter parameters 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 results 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 injected. An indicated error does not 

necessarily mean that the calibration is wrong, since 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 the equipment, the test 

configuration, and the various parameters which must be measured to establish 

the flow rate of the CVS pump. 

(i)(A) All the parameters related to the pump are simultaneously measured with 

the parameters related to a flowmeter which is connected in series with the 

pump. 

(ii)(B) The calculated flow rate, in cm3/s, (at pump inlet absolute pressure and 

temperature) can then be plotted versus a correlation function which is the value 

of a specific combination of pump parameters. 

(iii)(C) The linear equation which relates the pump flow and 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 measurement of the absolute 

values of the pump and flowmeter parameters that relate 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 during calibration. 

(Flowmeters are sensitive to inlet temperature oscillations; this can cause the 

data points to be scattered. Gradual changes in temperature 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 rate from the calibration 

equation. 

(4) Connect a system as shown in Figure 5 in Appendix A of this Part. Although 

particular types of equipment are shown, other configurations that yield 

equivalent results may be used if approved in advance by the Executive Officer. 

For the system indicated, the following measurements and accuracies are 

required: 

Parameter Symbol Units Sensor-readout 

tolerances 

Barometric pressure (corrected) PB kPa ± 0.34 kPa 

Ambient temperature TEI °C ± 0.28 °C 

Air temperature into metering venturi TEI °C ± 1.11 °C 

Pressure drop between inlet & throat of venturi PED kPa ± 0.012 kPa 

Air flow QS M3/min. ± 0.5 % of NIST value 

Air temperature at CVS pump inlet PTI °C ± 1.11 °C 

Pressure depression at CVS pump inlet PPI kPa ± 0.055 kPa 

Pressure head at CVS pump outlet PPO kPa ± 0.055 kPa 

Air temperature at CVS pump outlet (optional) PYO °C ± 1.11 °C 

Pump revolutions during test period N Revs ± 1 Rev.

Elapsed time for test period t seconds ± 0.5 seconds 

(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 total 
102 

calibration. Allow the system to stabilize for 3 minutes and repeat the data 

acquisition. 

(7) Data analysis: 

(i)(A) The air flow rate, Qs, at each test point is calculated in standard cubic feet 

per minute 20 degrees Celsius, 101.3 kilopascals from the flowmeter data using 

the manufacturer's prescribed method. 

(ii)(B) The air flow rate is then converted to pump flow, VO, in cubic meter per 

revolution at absolute pump inlet temperature and pressure: 

P

S p

O

P

kPa

x

T

x

n

Q

V

101 3.

 

293

= 

Where: 

VO = Pump flow, m3

/rev at TP, PP. 

QS = 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. 

TP = Pump inlet temperature in Kelvin, = PTI+273o K. 

PP = Absolute pump inlet pressure, kPa = Pp-PPI.

Where: 

PP = barometric pressure, kPa. 

PPI = Pump inlet depression, kPa. 

(iii)(C) The correlation function at each test point is then calculated from the 

calibration data: 















 ∆

=

E

O

P

P

n

X

1

Where: 

XO = correlation function. 
103 

∆ P = The pressure differential from pump inlet to pump 

outlet = PE-PP, kPa. 

PE = Absolute pump outlet pressure = PB+PPO, kPa. 

Where: 

PPO = Pressure head at pump outlet, kPa, (inches fluid). 

(iv)(D) A linear least squares fit is performed to generate the calibration equation 

which has the form: 

( ) VO = DO − M X O

DO and M are the intercept and slope constants, respectively, 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 ranges will be approximately 

parallel and the intercept values, DO, 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 measured value of VO. Values of M 

will vary from one pump to another, but values of DO for pumps of the same 

make, model and range should agree within ± three percent of each other. 

Calibrations should be performed at pump start-up and after major maintenance 

to assure the stability of the pump slip rate. Analysis of mass injection data will 

also reflect pump slip stability. 

(d) CFV-CVS calibration. 

(1) Calibration of the CFV is based upon the flow equation for a critical venturi. 

(i)(A) Gas flow is a function of inlet pressure and temperature: 

K

V

S

T

K P

Q =

Where: 

QS = flow rate [m3

/min]. 

KV = calibration coefficient. 

P = absolute pressure [kilopascals]. 
104 

TK = absolute temperature [degrees Kelvin]. 

(ii)(B) The calibration procedure described in paragraph (d)(3) of this section 

establishes the value of the calibration coefficient 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) PB kPa ± 0.34 kPa 

Air temperature into flowmeter TEI °C ± 0.28 °C 

Pressure drop between inlet & 

outlet of venturi PED kPa ± 0.012 kPa 

Air flow QS m3/min. ± 0.5 percent of 

NIST value 

CVS inlet depression PPI kPa ± 0.055 kPa 

Pressure head at CVS pump outlet PPO kPa ± 0.055 kPa 

Temperature at venturi inlet TV °C ± 2.22 °C 

(4) Set up equipment as shown in Figure 6 of Appendix 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 calibration.) 

(5) Set the variable flow restrictor to the open position, start the blower, and allow 

the system to stabilize. Record data from all instruments. 

(6) Vary the flow restrictor and make at least eight readings across the critical 

flow range of the venturi. 

(7) Data analysis. The data recorded during the calibration 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 for each test point: 

V

S V

V

P

Q T

K =

QS = Flow rate in standard cubic meter per minute, at the 

standard conditions of 20o C, 101.3 kPa. 

TV = Temperature at venturi inlet, degrees Kelvin. 

PV = Pressure at venturi inlet = PB - PPI, kPa 

Where: 

PPI = Venturi inlet pressure depression, kPa. 

(iii)(C) Plot KV as a function of venturi inlet pressure. For choked flow, KV will 

have a relatively constant value. As pressure decreases (vacuum increases), the 

venturi becomes unchoked and KV decreases. (See Figure 7 in Appendix A of 

this Part.) 

(iv)(D) For a minimum of eight points in the critical region calculate an average 

KV and the standard deviation. 

(v)(E) If the standard deviation exceeds 0.3 percent of the average KV, take 

corrective action. 

(e) CVS system verification. The following “gravimetric” technique can be used to verify 

that the CVS and analytical instruments can accurately measure a mass of gas that has 

been injected into the system. (Verification can also be accomplished by constant flow 

metering using critical flow orifice devices.) 

(1) Obtain a small cylinder that has been charged with 99.5 percent or greater 

propane or carbon monoxide gas. 

(2) Determine a reference cylinder weight to the nearest 0.01 grams. 

(3) Operate the CVS in the normal manner and release a quantity of pure 

propane into the system during the sampling period (approximately five minutes). 

(4) The calculations are performed in the normal way except in the case of 

propane. The density of propane (0.6109 kg/m3

) 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 percent accuracy of the system. 
106 

(6) Good engineering practice requires that the cause for any discrepancy 

greater than ± two percent must be found and corrected. 

90. CVS Calibration Frequency. 

Calibrate the CVS positive displacement pump or critical flow venturi following initial 

installation, major maintenance or as necessary when 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 be computed by use of the following 

formula: 

Hi

i i

i i

wm x K

P xWF

W xWF

A 

( )

( )

∑

∑=

Where: 

Awm = Weighted mass emission level (HC, CO, CO2, or NOx) 

for a test [g/kW-hr]. 

Wi = Average mass flow rate of an emission from a test

engine during mode i [g/hr]. 

WFi = Weighting factor for each mode i as defined in Part IV, 

section 10(a). 

Pi = Gross average power generated during mode i [kW] 

calculated from the following equation (power for the 

idle mode shall always be zero for this calculation): 

P x speed x torque i 

60,000

2π

=

speed = average engine speed measured during mode i 

[rev./minute] 

torque = average engine torque measured during mode i [N-m] 

KHi = Humidity correction factor for mode i. This correction 

factor only affects calculations for NOx and is equal to 

one for all other emissions. KHi 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

i i Di Bi DF

W Q x D x C C x

1

 1

Where: 

Qi = Volumetric flow rate of the dilute exhaust through the 

CVS at standard conditions [m3/hr at STP]. 

D = Density of a specific emission (DHC, DCO, DCO2, DNOx) 

in the exhaust [g/m3

]. 

DFi = Dilution factor of the dilute exhaust during mode i. 

CDi = Concentration of the emission (HC, CO, NOx) in the 

dilute exhaust extracted from the CVS during mode i

[ppm]. 

CBi = Concentration of the emission (HC, CO, NOx) in the 

background sample during mode i [ppm]. 

STP = Standard temperature and pressure. All volumetric 

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: 

DHC = 576.8 g/m3 

DNOx = 1912 g/m3 

DCO = 1164 g/m3 

DCO2 = 1829 g/m3

(1) The value of DHC above is calculated based on the assumption that the fuel 

used has a carbon to hydrogen ratio of 1:1.85. For other fuels, DHC can be 

calculated from the following formula: 

STP

HC

HC R

M

D =
108 

Where: 

MHC = Molecular weight of the hydrocarbon molecule divided 

by the number of carbon atoms in the molecule 

[g/mole]. 

RSTP = Ideal gas constant for a gas at STP = 0.024065 

[m3-mole]. 

(2) The idealized molecular weight of the exhaust hydrocarbons, i.e., the 

molecular weight of the hydrocarbon molecule divided by the number of carbon 

atoms in the molecule, MHC can be calculated from the following formula: 

M HC = M C +αM H + βM O

Where: 

MC = Molecular weight of carbon = 12.01 [g/mole].

MH = Molecular weight of hydrogen = 1.008 [g/mole]. 

α = Hydrogen to carbon ratio of the test fuel. 

(3) The value of DNOx above assumes that NOx in entirely in the form of NO2. 

(d) The dilution factor (DF) is the ratio of the volumetric flow rate of the background air 

to that of the raw engine exhaust. The following formula is used to determine DF: 

2

13 4.

DHC DCO DCO

C C C

DF

+ +

=

Where: 

CDHC = Concentration of HC in the dilute sample [ppm].

CDCO = Concentration of CO in the dilute sample [ppm]. 

CDCO2 = Concentration of CO2 in the dilute sample [ppm]. 

(e) The humidity correction factor KH is an adjustment made to the measured NOx. This 

corrects for the sensitivity that a spark-ignition engine has to the humidity of its 

combustion air. The following formula is used to determine KH for NOx calculations: 
109 

1 .0 0329( 10 71. )

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

.6 211

dew

B

dew

P

P

P

H

Where: 

Pdew = Saturated vapor pressure at the dew point 

temperature [kilopascals]. 

PB = Barometric pressure [kilopascals]. 

(g) The fuel mass flow rate Fi can be either measured or calculated using the following 

formula: 

T

M

F

f

i =

Where: 

Mf = 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 sampling period, MFUEL can be 

calculated from the following equation: 

 273 15.

2 R x

G

M

S

f =

Where: 
110 

GS = Mass of carbon measured during the mode sampling

period [g]. 

R2 = The fuel carbon weight fraction, which is the mass of 

carbon in fuel per mass of fuel [g/g]. 

(i) The grams of carbon measured during the mode GS can be calculated from the 

following equation: 

CO 

 2 mass .0 429 .0 273

12.011 1.008

12.011 

+ +

+

= mass

mass

S CO x HC G

α

Where: 

HCmass = mass of hydrocarbon emissions for the mode 

sampling period [g]. 

COmass = mass of carbon monoxide emissions for the mode 

sampling period [g]. 

CO2 mass = mass of carbon dioxide emissions for the mode 

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 specified 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 exposing it to quiescent heated 

air in an oven. The evaluation of the effect of such stress on catalyst 

performance is based on the resultant degradation of the efficiency with which 

the conversions of specific pollutants are promoted. The application of this 

evaluation procedure involves the several steps that are described in the 

following paragraphs. 

(2) The engine manufacturer need not submit catalyst conversion efficiency data 

for pollutants that the catalyst being tested was not designed to reduce/oxidize. 

The engine manufacturer must specify the pollutants that the catalyst will be 

converting and submit catalyst conversion efficiency data on only those 

pollutants. 

(b) Determination of initial conversion efficiency.

(1) A synthetic exhaust gas mixture having the composition specified in section 

29 is heated to a temperature of 450 degrees Celsius ± 5 degrees Celsius and 
111 

passed through the new test catalyst or, optionally, a test catalyst that has been 

exposed to temperatures less than or equal to 500 degrees Celsius for less than 

or equal to two hours, under flow conditions that are 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 initial 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. Optionally, the catalyst may instead 

be placed in an oven having a 90% nitrogen/10% water 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 maintained at 850 degrees 

Celsius ± 10 degrees Celsius for six hours. 

(2) The catalyst is removed from the oven and allowed 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 degradation. 

(1) The final conversion efficiency determined in paragraph (c) of this section is 

subtracted from the initial conversion efficiency determined in paragraph (b) of 

this section. 

(2) This result is divided by the initial conversion efficiency. 

(3) This result is multiplied by 100 percent.

(f) Determination of compliance with degradation limit. The percent degradation 

determined in paragraph (e) of this section must not be greater than 20 percent. 
A-112 

Appendix A to Part IV – Figures. 
A-113 
A-114 
A-115 
A-116 
A-117 
A-118 
ATTACHMENT C 

PROCEDURES FOR EXEMPTION OF ADD-ON AND MODIFIED PARTS FOR 

OFF-ROAD CATEGORIES 

AC-1 
State of California 

AIR RESOURCES BOARD 

PROCEDURES FOR EXEMPTION OF ADD-ON AND MODIFIED PARTS 

 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 VEHICLE CODE OR13 

CCR, SECTION 2472..........................................................................................................1

III. EMISSION TESTING REQUIRED BY THE EXECUTIVE OFFICER ...........................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/Equipment 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 Emission Testing..............................5

V. OFF-ROAD CATEGORIES................................................................................................6

VI. TEST PROCEDURES AND STANDARDS ......................................................................7

A. Test Procedures........................................................................................................7

B. Vehicle/Engine/Equipment Exhaust Emission Standards .......................................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 Procedures; 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 that are emission related, as defined in Sections 

1900 (b), (1) and (10), Chapter 3, Title 13, California Code of Regulations (CCR). Examples of 

emission related parts for on-road vehicles are shown 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 Officer 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 Title 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 VEHICLE CODE OR 

13 CCR, SECTION 2472. 

The manufacturer of an add-on or modified part shall 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, photographs, and a sample of the part, if the 

information submitted in the application does not permit a proper evaluation of the add-on or 

modified part. Upon request of an applicant, the Executive Officer shall return any sample part 

within 30 days after the exemption request is either granted, denied, or withdrawn. 

III. EMISSION TESTING REQUIRED BY THE EXECUTIVE OFFICER 

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 unless the Executive Officer determines, based 
3 

upon a review of available information, that the part for which an exemption is sought meets the 

standards and requirements set forth in these procedures, and does not significantly affect 

emissions. Upon request by the applicant, the Executive Officer shall provide a list of test 

vehicles/engines/equipment, including alternates. When selecting test 

vehicles/engines/equipment, the Executive Officer shall 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 specified in Paragraph III.E of this section. 

Manufacturers are advised to consult with the Air Resources Board staff before conducting any 

testing in support of an exemption application. 

B. Test Laboratory 

The applicant shall have any required testing performed 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 testing specified in Paragraphs IV.E, V, and VI of 

these procedures is not adequate to characterize the emissions performance or durability of an 

add-on or modified part, the Executive Officer shall require alternate emission testing (including 

monitoring of toxic emissions or “off-cycle” testing) and/or functional and bench testing. If the 

Executive Officer requires such additional or alternate 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 imposing the alternate or additional requirements. 

The Air Resources Board may conduct confirmatory tests 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 conducting 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 according to its “Generic Category”. For 

example, the term “intake manifold” shall define the 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 emissions, applicants should check with the 

Executive Officer for a determination of the appropriate breadth of the generic category. 

E. Number and Type of Test Vehicles/Engines/Equipment Required 

1) When required by the Executive Officer, add-on or modified parts shall be emission 

tested using the test procedures specified in Paragraphs IV.E, V, and VI of these 

procedures, as applicable. 

2) The required number and type of test vehicles/engines/equipment is the same for each 

 test procedure specified in paragraphs IV.E, V, and VI of these procedures. The test 

vehicle/engine/equipment types will be the "worst case" and/or "most popular" as 

determined by the Executive Officer. Selection of a "most popular" test 

vehicle/engine/equipment shall be based on the configuration with the highest projected 

sales volume of the add-on or modified part. Selection of a "worst case" test 

vehicle/engine/equipment shall be based on the engine displacement and 

vehicle/engine/equipment test weight which produce the greatest stress on the emission 

related components. When the Executive Officer finds 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 but 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/engine/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 exemption for the add-on or modified part to 

vehicles/engines/equipment with the lower weight, unless the Executive Officer 
5 

determines that the lower weight adequately represents the heavier 

vehicle/engine/equipment substituted for in all ways related to emissions. The number of 

vehicles/engines/equipment the applicant will be required to emission test depends on the 

application and is provided herein. 

a) Universal Vehicle/Engine/Equipment Application Type: 

Refers to the generic categories in which the add-on or modified part 

exemption application applies to the product line of four or more 

vehicle/engine/equipment manufacturers. In such cases the applicant shall be 

required to emission test a maximum of four different model vehicles, engines, 

or equipment for each application category. 

b) Less Than Universal Vehicle/Engine/Equipment Application Type: 

Refers to the generic categories in which the add-on or modified part 

exemption application applies to the product line of two or three 

vehicle/engine/equipment manufacturers. In such cases the applicant shall be 

required to emission test a number of vehicles, engines, or equipment equal to 

or less than the number of applicable manufacturers for each application 

category. 

c) Single Manufacturer Vehicle/Engine/Equipment Application Type: 

Refers to the generic categories in which the add-on or modified part 

exemption application only applies to one vehicle/engine/equipment 

manufacturer. In such cases the applicant may be required to emission test no 

more than one vehicle/engine/equipment for each application 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 Executive Officer shall use good engineering 

judgment and the results of any functional, emission 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 Resources 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 applicant of any such discrepancies, and shall 

endeavor to resolve the conflict between the test results. If the conflict cannot be resolved, the 

Executive Officer shall inform the applicant that there 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 judgment to evaluate the effects of the add-on 

or modified part on the vehicle's/engine’s/equipment’s driveability or performance. If the 

Executive Officer determines that the add-on or modified part degrades a 

vehicle's/engine’s/equipment’s driveability or performance such that owners may be encouraged 

to adjust the engine settings or tamper with required 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 durability of the vehicle/engine/equipment 

emission control system, or that in the past the part did not demonstrate durability equivalent to 

the part or system replaced or added to, the Executive Officer shall find that the modification will 

increase emissions. In such cases the applicant shall 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 adequate durability. 

E. Specific Evaluation Criteria Parts Subject to Emission Testing 

When the Executive Officer requires an add-on or modified parts manufacturer to perform 

emission testing, the applicant shall demonstrate compliance 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/engines/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/equipment. 

The applicant shall select a functional vehicle/engine/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 appropriate 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 procedure 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 specified in the test procedures referenced below. 

 The baseline emissions without the add-on or modified part shall be determined prior to testing, 

but after stabilization of the vehicle/engine/equipment. Following the addition of the add-on or 

modified part, the test vehicle/engine/equipment shall 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 follows: 

A. Small Off-Road Engines 

Small Off-Road Engines include all engines that produce, or are designed to produce, less than 

25 horsepower (hp), manufactured on or after January 1, 1995, and used in off-road mobile 

applications, with the exceptions of off-road motorcycles, 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 equipment 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 than 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 procedures. 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 includes 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 carts. New golf carts used in areas that do not 

meet the federal ozone standards will continue to have 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 including 2003 and 

subsequent model year sterndrive/or inboard engines less than or equal to 373 kw, and 2009 and 

subsequent model year sterndrive/inboard engines greater than 373 kw. 

E. Off-Road Large Spark-Ignition Engines 

The off-road large spark-ignition engine category includes 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 Procedures 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) Section 2403.) 

2) Test Procedures for Off-Road Diesel Engines and Equipment 

i) For 175 horsepower and greater: 

“California Exhaust Emission Standards and Test Procedures for New 1996 and 

Later Heavy-Duty Off-Road Diesel Cycle Engines,”adopted May 12, 1993, which 

is incorporated by reference herein, and “California 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 reference herein. 

3) Test Procedures for Off-Highway Recreational Vehicles and Engines 

i) For new off-road motorcycles, all-terrain vehicles, and golf carts: 

“California Exhaust Emissions Standards and Test Procedures for 1997 

 and Later Off-Highway Recreational Vehicles and Engines,” adopted 

 November 23, 1994, and as last amended October 22, 1999, which is 

 incorporated by reference herein. (These procedures are also 

 incorporated by reference by Title 13, CCR Section 2412). 

ii) For all-terrain vehicle engines 

“California Exhaust Emission Standards and Tests Procedures 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, CCR Section 2412). 

4) Test Procedures for Spark-Ignition Marine Engines

“California Exhaust Emission Standards and Test Procedures 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-Ignition (LSI) Engines 

i) For new off-road LSI engines with engine displacement greater than 1.0 liter 

“California Exhaust Emission Standards and Test Procedures for New 2001 and 

Later Off-Road Large Spark-ignition Engines,” adopted September 1, 1999, which 

is incorporated by reference herein. (These procedures are also incorporated by 

reference by Title 13, CCR Section 2433). 
10 

ii) For new off-road LSI engines with engine displacement equal to or less than 

 1.0 liter 

“California Exhaust Emission Standards and Test Procedures for 1995 and Later 

Small Off-Road Engines,” as last amended March 23, 1999, which is incorporated 

by reference herein. (These procedures are also incorporated 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 alternative 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 under alternative test procedures which do not 

correlate with data generated under the specified procedures. 

B. Vehicle/Engine/Equipment Exhaust Emission Standards 

1) 2000 and later model-year small off-road engines

To demonstrate compliance with the applicable emission 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 permitted one retest if the initial emission test 

results fail to demonstrate compliance with these procedures. The results of the initial 

test and the retest will be averaged, and the averaged result must comply with the 

standards set for the single test in order to demonstrate compliance. 

2) All other off-road categories: 

The add-on or modified part manufacturer shall demonstrate compliance with these 

procedures by showing that the exhaust emissions from the test vehicle/engine/equipment 

with the add-on or modified part installed are in compliance 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 optional averaging banking, and trading 

provisions 

For purposes of these procedures the applicable emission 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 evaluate the application, the test data, and any other 

pertinent information concerning the add-on or modified 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 Executive 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 standards for each vehicle/engine/equipment, he or 

she shall issue an Executive Order exempting the add-on or modified part from the prohibitions 

of VC Sections 27156 and 38391 or 13 CCR, Section 2472. This Executive Order may restrict 

the installation of the add-on or modified parts certified 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 endorsement or approval by the Air Resources 

Board. 

The Executive Officer shall deny the applicant's exemption request if the add-on or modified part 

increases emissions more than allowed under the Evaluation Criteria of section VI of these 

procedures. If the Executive Officer denies the applicant's exemption request, the Executive 

Officer shall convey by letter notice of and the reasons for denial. 

B. Labeling Requirements 

The add-on or modified part manufacturer shall provide a product information label and 

complete instructions for its installation in a location readily visible to the average person with 

each part or kit of parts sold. The product information label shall contain, at a minimum, the 

product name as exempted, ARB executive order number 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 requires the removal of any emission control 

component, re-routing of any vacuum hose, or changes to the vehicle manufacturer tune-up 

specifications, the add-on or modified part manufacturer must provide two identical product 

information labels. These product information labels shall, in addition to the information 

specified in the immediately preceding paragraph, provide a complete description of the required 

changes and the new tune-up specifications. One product 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 installed adjacent to, but not covering, the 

vehicle/engine/equipment manufacturer’s Vehicle Emission Control Information (tune-up) label 

or Important Engine Information Label. 

The add-on or modified part manufacturer shall submit 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 modified part is designed and manufactured to 

conform with the applicable requirements of these Procedures and is free from defects in 

materials and workmanship which may cause the add-on 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 shall 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 defect in the add-on or modified part).