### APPENDIX B



## FINAL REGULATION ORD ER SUMMARY & RATIONALE

Small Off

- Road Engine Regulations

• Title 13

, California Code of Regulatio ns

• T est ProceduresThis Page Left Intentionally BlankSUMMARY AND RATIONAL E FOR T HE SMALL OFF

- ROAD ENGINE

REGULATI ONS AND TEST PROCEDU RES

N ote : This appendix provides a summar y of

, and the rationale for

, the small off

- road engine regulat ions and test procedure s amendments a pproved by the Air
Resources Board on December 16, 2011 , and with subsequent conforming

modifi c ations authorized under Resolution 11

- 41

. Revisions to the original summary and rationale document published on October 26, 2011, as part of the Staff Report: Initial Statement of Reasons

, are indicated either by underlined

t ype to indicate additions ( exc ept that some existing headings within the document were underlined originally for emphasis, and remain so, and thus do not constitute new language ) or by strikeout to indicate delet ions

.This Page Left Intentionally BlankB

- 1 Summary and Rationale for Proposed Regulations

§ 2403 Exhaust Emission Standards and Test Procedures

– Small Off

- Road Engines.

This purpose of this section is to identify the exhaust and evaporative emission standards, and to incorporate by reference the required test procedures to be used for demonstrating compliance with the applicable emission standards of the small off

- road engine category, which are necessary to control the hydrocarbon, carbon monoxide, and oxides of nitrogen emissions from these sources.

(b)(2)(B) The purp ose of this subsection is to exclude manufacturers of Blue Sky Engines from the averaging, banking, and trading provisions, as well as enabling

manufacturers of zero

- emission engines to certify as Blue Sky Engines. Guidance for obtaining zero

- emission eng ine certification is also provided

. The proposed amendment is necessary in order to clarif y the most recent amendment date to these test procedure

documents.

(d) The purpose of this subsection is to identify and incorporate by reference the test procedu res applicable for small off

- road engines, which are necessary to control the hydrocarbon, carbon monoxide and oxide of nitrogen emissions from these sources.

The proposed amendment is necessary in order to modif y the applicability date of the existing te st procedure and introduces the new test procedures for 2013 and later small

off

- road engines.

§ 2407 New Engine Compliance and Production Line Testing

– New Small Off

- Road Engine Selection, Evaluation, and Enforcement Action.

(a)(7) The purpose of this subsection is to identify the applicable test procedures for conducting compliance and production line testing. The proposed amendment is necessary to order to modif y the applicability date of the existing test procedure and introduces the new test proced ures for 2013 and later small off

- road engines.

California Exhaust Emission Standards and Test Procedures for 2005

- 2012 Small

Off

- Road Engines

The purpose of this test procedure is to identify the exhaust emission standards and test procedures applicabl e for small off

- road engines, which is necessary to control the hydrocarbon, carbon monoxide, and oxide of nitrogen emissions from these sources. Staff proposes to retire the existing “California Exhaust Emission Standards and Test

Procedures for New 200 5 and Later Small Off

- Road Engines ,” by retitling them as t he

“California Exhaust Emission Standards and Test Procedures for New 200 5

- 201 2 SmallB

- 2 Off

- Road Engines .” The applicability of the current test procedures will then be limited to engines through th e 201 2 model year.

The proposed amendment is necessary in order to rename the existing test procedure document to distinguish its applicability, and incorporate this test procedure by reference in to section 2403, title 13, California Code of Regulatio ns.B

- 3 Summary and Rationale for Proposed Regulatory Amendments

California Exhaust Emission Standards and Test Procedures For New 2013 and L ater

Small Off

- Road Engine s ; Engine

- Testing Procedures ( Part 1054 )

.

The purpose of this Part 1054 is to identify the exhaust emission test procedures applicable for small off

- road engines and equipment. Staff is proposing to align the

small off

- road engine and equipment exhaust emission test procedures with U.S. EPA’s

Part 1054 , as last amended Nov ember 8, 2010 . A summary and rationale is provided below for the sections and subsections that are being incorporated into the Small Off

Road Engines regulations. Some sections were changed from the original text of

P art 1054.

Subpart A

– Overview and Applicability

Th e purpose of Subpart A is to provide a general overview of Part 1054 and to specify its applicability to SORE.

§1054.1 Does this part apply for my engines and equipment?

§1054.1 (a) The purpose of this sub section is to identify the engines and equipme nt that are affected by these regulations

.

§1054.1 (a) (1) The purpose of this subsection is to lay out the exhaust emission requirements.

§1054.1 (a) (2) The purpose of this subsection is to explain that small off

road equipment evaporative emission s tandards and regulations remain as specified in to Title 13, CCR, Chapter 15, rather than as U.S. EPA’s evaporative emission requirements.

§1054.1 (a) (3) The purpose of this subsection is to state the model year with which these requirements become ef fective.

§1054.1 (a) (4) The purpose of this subsection is to inform stakeholders how

the small off

- road engine regulations relate to emergency rescue equipment.

§1054.1 (c) The purpose of this subsection is to inform stakeholders that the existing te st procedures are e ffective until the proposed test procedures go into effect.

In general, t he proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines , as is app licable. Without such an alignment, manufacturers could be forced to satisfyB

- 4 additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.2 Who is responsible for compliance?

§1054.2 The purpose of this section is to defin e who “you” is throughout the Part, as well as to whom the certification requirements are applicable

. Specifically, “you” would be the certifying manufacturer.

The proposed a mendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines , as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/ or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.10 How is this part organized?

§1054.10 (a) The purpose of this subsection is to describe what is in Subpart A

w hich is to give an overview of regulatory requirements.

§1054.10 (b) The purpose of this subsection is to describe what is in Subpart B which is to describe the emission standards and other requirements that need to be met to certify engines.

§1054.10 (c ) The purpose of this subsection is to describe what is in Subpart C which describes how to apply for an Executive Order.

§1054.10 (d) The purpose of this subsection is to describe what is in Subpart D which gives general provisions for testing production

- line engines.

§1054.10 (e) The purpose of this subsection is to describe what is in Subpart E which describes general provisions for testing in

- use engines.

§1054.10 (f) The purpose of this subsection is to describe what is in Subpart F

which describ es how to test your engines.

§1054.10 (g) The purpose of this subsection is to describe what is in Subpart G which describes requirements, prohibitions, and other provisions that apply to

manufacturers.

§1054.10 (i) The purpose of this subsection is to describe what is in Subpart I

which contains definitions and reference information.B

- 5 The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines , as is applica ble. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§1054.15 Do any ot her CFR parts apply to me?

§1054.15 (b) The purpose of this subsection is to explain the purpose of

Part 1065 , and Subpart F of Part 1054

, which are to describe procedures and equipment specifications for testing engines to measure exhaust emissions and

d etermine whether or not the engines meet the exhaust emission standards.

§1054.15 (d) The purpose of this subsection is catch all other references that

may be made in this P art 1054 so that they are officially included into this document

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines , as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and /or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§1054.20 What requirements apply to my equipment?

§1054.20 (a) The purpose of this subsection is to state that all app licable standards apply with the engine and fuel systems installed.

§1054.20 (b) The purpose of this subsection is to state that all small off

- road equipment are subject to Title 13 , CCR, regulations for both exhaust and evaporative

emissions.

§1054.20 ( c) The purpose of this subsection is to state that label requirements

are found in Title 13 , CCR

.

§1054.20 (d) The purpose of this subsection is to state that equipment and fuel systems meet the evaporative emission requirements in Title 13 , CCR

.

§10 54.20 (e) The purpose of this subsection is to state that emission

- related installation instructions from the certifying manufacturer must be adhered to, as stated

in the California regulations.

In general, t he proposed amendments to this section are ne cessary to establish alignment with similar provisions in the federal regulations for small nonroad engines , as is applicable. Without such an alignment, manufacturers could be forced to satisfyB

- 6 additional requirements and/or certify separate engine famil ies in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.30 Submission of information.

§1054.30 (a) The purpose of this subsection is to indicate the various requirements to record data or other inform ation, as required in Title 13 , CCR

.

§1054.30 (b) The purpose of this subsection is to indicate that the information submitted by a certifying manufacturer is truthful and complete.

§1054.30 (c) The purpose of this subsection is to indicate where repo rts and requests are to be sent for approval.

§1054.30 (d) The purpose of this subsection is to state that any written information that is sent or received from another company is deemed to be part of the

submitted records.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines , as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify s eparate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart B

– Emission Standards and Related Requirements

The purpose of Subpart B is to specify the applicable emission standards and to

indicate other requirements concerning those emission standards.

§ 1054.101 What emission standards and requirements must my engines meet?

§1054.101 (a) The purpose of this subsection is to indicate that all small off

- road engines and equipment mu st meet the standards required by Title 13 and § 1054.115. In addition, the requirements to meet the Blue Sky standards are included.

§1054.101 (b) The purpose of this subsection is to state where to find the evaporative requirements for California in Ti tle 13, CCR

.

§1054.101 (c) The purpose of this subsection is to state the requirements for wintertime engines.

§1054.101 (f) The purpose of this subsection is to state where to find the interim provisions.B

- 7 In general, t he proposed amendments to th is section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines , as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify sepa rate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.103 What exhaust emission standards must my handheld engines meet?

§1054.103 (a) The purpose of this subsection is to state that the exhaust emissions from engines with a displacement of less than or equal to eighty cubic

centimeters must not exceed the standards as stated in Title 13 , CCR

.

§1054.103 (b) The purpose of this subsection is to state that emission credits from engines with a displacement of less than or equal to eighty cubic centimeters can be generated under the requirements laid out in Title 13 , CCR

.

§1054.103 (c) The purpose of this subsection is to state that the exhaust emission standards for engines with a disp lacement of less than or equal to eighty cubic centimeters apply for engines using the fuel type on which it is designated to operate.

§1054.103 (d) The purpose of this subsection is to state that engines with a displacement of less than or equal to eight y cubic centimeters must meet the exhaust emission standards for the entire useful life of the engine.

§1054.103 (e) The purpose of this subsection is to refer to Title 13 , CCR, for emission standards for engines with a displacement of less than or equa l to eighty cubic centimeters are set for all testing results.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable.

Without such an a lignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.105 What exhaust emission standards must my nonhandheld engines

meet?

§1054.105 (a) The purpose of this subsection is state that exhaust emissions for engines with a displacement of greater than eighty cubic centimeters may not exceed

the emission standards usin g test procedures described in S ubpart F.B

- 8 §1054.105 (b) The purpose of this subsection is state that emission credits for engines with a displacement of greater than eighty cubic centimeters can be generated under the requirements laid out in Title 13 , CCR

.

§1054.105 (c) The purpos e of this subsection is state that the exhaust emission standards apply for engines for engines with a displacement of greater than eighty cubic centimeters using the fuel type on which it is designated to operate.

§1054.105 (d) The purpose of this subsec tion is to state that engines with a displacement of greater than eighty cubic centimeters must meet the exhaust emission standards for the entire useful life of the engine.

§1054.105 (e) The purpose of this subsection is to refer to Title 13 , CCR, for emission standards for engines with a displacement of greater than eighty cubic centimeters are set for all testing results.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations f or small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in em ission benefits.

§ 1054.107 What is the useful life period for meeting exhaust emission

standards?

§1054.107 The purpose of this section is to describe how an engine family’s useful life period is defined.

§1054.107 (a) The purpose of this subsectio n is to specifically determine the useful life period of an engine.

§1054.107 (a) (1) The purpose of this subsection is to refer to the useful life period as laid out in Title 13 , CCR

.

§1054.107 (b) The purpose of this subsection is to remind manufac turers to make keep any supporting information available in case ARB requests the information.

§1054.107 (b) (1

- 4 ) The purpose of the subsections are to provide a list of the type of information that would be acceptable to use as support for the choice of useful life period.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additionalB

- 9 requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.110 What evaporative emission standards must my handheld equipment

meet?

§1054.110 The purpose of this section is to refer manufacturers to Title 13 , CCR, for the evaporative emissions requirements and to inform manufacturers that the equipment with an engine displacement of less than or equal to eighty cubic centimeters

must m eet the evaporative emission requirements for the useful life of the equipment.

The proposed amendments to this section are necessary to maintain the stringency of California’s existing SORE evaporative emission standards and associated test procedures.

§ 1054.112 What evaporative emission standards must my nonhandheld equipment meet?

§1054.112 The purpose of this section is to refer manufacturers to Title 13 , CCR, for the evaporative emissions requirements and to inform manufacturers that the

equ ipment with an engine displacement of greater than eighty cubic centimeters must meet the evaporative emission requirements for the useful life of the equipment.

The proposed amendments to this section are necessary to maintain the stringency of

Califor nia’s existing SORE evaporative emission standards and associated test procedures.

§ 1054.115 What other requirements apply?

§1054.115 The purpose of this section is to inform manufacturers of other requirements that apply to the exhaust emission sta ndards.

§1054.115 (a) The purpose of this subsection is to inform manufacturers that crankcase emissions will need to be controlled as they are considered to be exhaust

emissions.

§1054.115 (b) The purpose of this subsection is to inform manufacturers that engines that have adjustable parameters must meet the exhaust emission standards in any of the adjustable positions of the engine.

§1054.115 ( c ) The purpose of this subsection is to inform manufacturers of how to make adjustments for the higher alt itudes

.B

- 10 §1054.115 (d) The purpose of this subsection is to remind manufacturers that the engines may not be designed in a manner that could cause harm to the operator of the equipment.

§1054.115 (e) The purpose of this subsection is remind manufacturer s that any usage of a defeat device is prohibited.

§1054.115 (e) (1)

- (3) The purpose of these subsections is to specify situations where this section does not apply.

The proposed amendments to this section are necessary to establish alignment with

si milar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extr a cost without a corresponding increase in emission benefits.

§ 1054.120 What emission

- related warranty requirements apply to me?

§1054.120 The purpose of this section is to state the emission

- related warranty requirements can be found in Title 13 , CCR

.

§1054.120 (a) The purpose of this subsection is to specify that the warranty requirements include coverage of the new engine and all parts of its emission control
systems.

§1054.120 (a) (1)

- (2) The purpose of these subsections is to protect the u ltimate purchaser from obtaining a piece of equipment that is defective.

§1054.120 (b) The purpose of this subsection is to establish conditions under which the warranty must be valid.

§1054.120 (b) (1) The purpose of this subsection is to establis h that the warranty period must be at least two y ears.

§1054.120 (c) The purpose of this subsection is to specify that the components that require coverage can be found in Title 13 , CCR, and to explain that the components are to be covered by the certifyi ng manufacturer whether or not components are made by them or not.

§1054.120 (e) The purpose of this subsection is to set the requirements of what

needs to be in the owners ’ manual

.B

- 11 §1054.120 (f) The purpose of this subsection is to require the manu facturer to meet the minimum conditions to make sure that the owners will be served promptly when obtaining warranty repairs.

§1054.120 (f) (1

- 3 ) The purpose of th ese subsection s is to list what is necessary to meet the warranty requirement s

.

The pro posed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requiremen ts and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§1054.125 What maintenance instructions must I give to buyers?

§1054.125 The purpose of this section is to infor m the manufacturer of what maintenance instructions must be given to buyers of the equipment so that they can properly maintain the engine including the emission control system.

§1054.125 (a) The purpose of this subsection is to explain what critical emis sion

related maintenance is.

§1054.125 (a) (1) The purpose of this subsection is to explain that critical

emission

- related maintenance can be demonstrated by showing any of the following

conditions.

§1054.125 (a) (1) (i)

- (iv) The purpose of these sub sections are to present the conditions of what is acceptable to be considered critical emission

- related maintenance

§1054.125 (a) (2) The purpose of this subsection is to give permission to clean or change air filters or change spark plugs at least freque nt intervals during the service accumulation. Because these things would be done to equipment during normal usage,

it is allowed for the service accumulation.

§1054.125 (a) (3) The purpose of this subsection is to limit what is done during

the service a ccumulation, because these things would not typically be done during normal usage of the equipment.

§1054.125 (a) (4) The purpose of this subsection is to allow for shorter maintenance intervals during the service accumulation if the manufacturer provides supporting evidence that the maintenance may typically be done during normal usage of the equipment.B

- 12 §1054.125 (b) The purpose of this subsection is to give permission to the manufacturer to recommend additional maintenance as long as the additional

m aintenance is not required for warranty claims.

§1054.125 (c) The purpose of this subsection is to give permission to the manufacturer to specify more frequent maintenance to address problems related to special situations that may include atypical engin e operation.

§1054.125 (d) The purpose of this subsection is to give permission to the

manufacturer to allow for noncritical emission

- related maintenance. The manufacturer

must state in the owner’s manual that these steps are not necessary to keep the

emission

- related warranty valid.

§1054.125 (e) The purpose of this subsection is to give permission to the manufacturer to perform maintenance or inspections to anything that is not emission related during the service accumulation.

§1054.125 (f) The purpose of this subsection is to require the manufacturers to state clearly that a repair shop or person of the owner’s choosing may maintain, replace or repair emission

- related control devices and systems. This is to keep manufacturers from requiring th at owners use the manufacturer’s dealers or service establishments.

§1054.125 (f) (1)

- (2) The purpose of these subsections is to allow for exceptions to the rule set in this section 1054.125(f).

§1054.125 (g) The purpose of this subsection is to requir e the manufacturer to pay

for certain scheduled maintenance.

§1054.125 (g) (1)

- (3) The purpose of these subsections is to state the conditions where the manufacturer would be required to pay for scheduled maintenance.

§1054.125 (h) The purpose of thi s subsection is to require that the manufacturer explain the owner’s responsibility for proper maintenance in the owners ’ manual

.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulat ions for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.130 What installation instructions must I give to equipment

manufacturers?

§1054.130 (a) The purpose of this subsection is to require manufacturers to give proper installation instructions to anyone to whom they sell the e ngine for the purpose ofB

- 13 installing the engine on a piece of equipment. This is necessary to ensure that the engine is installed in its certified configuration.

§1054.130 (b) The purpose of this subsection is to ensure the instructions have the proper information.

§1054.130 (b) (1)

- (7) The purpose of these subsections is to list the information that is needed in the instructions mentioned in this subsection 154.130(b).

§1054.130 (c) The purpose of this subsection is to exempt engine manufacturers from the requirement of having installation instructions if they install their engine in their own equipment.

§1054.130 (d) The purpose of this subsection is to specify in which format the

instructions must be available.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separat e engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.135 How must I label and identify the engines I produce?

§1054.135 The purpose of this section is to specify that the labeling requ irements can

be found in Title 13 , CCR

.

The proposed amendments to this section are necessary to maintain the stringency of California’s existing SORE evaporative emission standards and associated test procedures.

§ 1054.140 What is my engine's maxim um engine power and displacement?

§1054.140 The purpose of this section is to specify how to determine the engine’s maximum engine power and displacement.

§1054.140 (a) The purpose of this subsection is to specify how to determine the engine’s maximum power.

§1054.140 (b) The purpose of this subsection is to specify how to determine the engine’s displacement.B

- 14 §1054.140 (c) The purpose of this subsection is to explain the requirements of how to handle the nominal power curves and intended swept volu mes of the production engines, especially if they are not representative.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable.

Witho ut such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.145 Are there interim p rovisions that apply only for a limited time?

§1054.145 The purpose of this section is to temporarily allow for usage of current procedures.

§1054.145 (j) The purpose of this subsection is to give manufacturers the option to phase in the new procedures over the next two model years if they are not prepared to change over immediately. Most manufacturers should be prepared to switch over to the new procedures, especially if they also plan to certify their engines with U.S. EPA.

Subpart C

-- Certifying Emission Families

The purpose of Subpart C is to provide all of the requirements necessary for certifying

SORE.

§ 1054.201 What are the general requirements for obtaining a certificate of conformity?

§1054.201 The purpose of this section is to esta blish that the engines must meet the

standards set in Title 13 , CCR, if the manufacturer wants to certify their engine for sale in California. In addition, the following subsections specify other conditions that need to

be met for certification.

§1054. 201 (a) The purpose of this subsection is to indicate that each engine family must have its own application for certification.

§1054.201 (b) The purpose of this subsection is to remind manufacturers that all of the information contained in the application must be true and complete.

§1054.201 (c) The purpose of this subsection is to give ARB the option to request less information as long as the manufacturer keeps the supporting information available when necessary.B

- 15 §1054.201 (e) The purpose of this subs ection is to require an authorized representative of the manufacturing company sign the application so that they are responsible for the authenticity of all of the information in application.

§1054.201 (f) The purpose of this subsection is to inform the manufacturer of how the application will be processed.

§1054.201 (g) The purpose of this subsection is to inform the manufacturer that ARB may require additional testing at a different testing facility.

§1054.201 ( i ) The purpose of this subsection is to inform the manufacturer that they need to submit a letter of intent

.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable.

Without suc h an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.205 What must I include in my application?

§1054.205 The purpose of this section is to specify information that the manufacturer must include in their certification application. The purpose of each subsection is to make sure that the manufacturer understands why they chose what they did. It also ensures that ARB staff can understand each item requested so that the certification process can be completed in a timely manner.

§1054.205 (a) The purpose of this subsection is to specify that manufacturers are required to send separate a pplications for each engine family and separate applications for exhaust emissions and evaporative emissions.

§1054.205 (b) The purpose of this subsection is to specify that manufacturers must include an explanation of how the emission control systems ope rate.

§1054.205 (d) The purpose of this subsection is to ensure that manufacturers understand why they are testing specific components and to explain to ARB how those components are pertinent and others are not.

§1054.205 (e) The purpose of this subs ection is to ensure that manufacturers understand the use of the test equipment and procedures.

§1054.205 (f) The purpose of this subsection is to specify that the manufacturer need to describe how the engine operates.B

- 16 §1054.205 (g) The purpose of th is subsection is to specifies that the manufacturer needs to provide the test fuel specifications.

§1054.205 (h) The purpose of this subsection is to ensure that the manufacturer provides an adequate useful life of the engine.

§1054.205 (i) The purpose of this subsection is to ensure that the manufacturer provides an accurate description of what is cover ed by the warranty and that the final purchaser is protected by the warranty.

§1054.205 (j) The purpose of this subsection is to ensure that the engi ne installer receives the proper information to install the engine properly.

§1054.205 (k) The purpose of this subsection is to ensure that the manufacturer is meeting all of the emission label requirements.

§1054.205 (l) The purpose of this subsection is to ensure that the manufacturer provides the correct emission standard or FEL.

§1054.205 (m) The purpose of this subsection is to ensure that the manufacturer provides an accurate deterioration factor.

§1054.205 (n) The purpose of this subsection is to ensure that the stated

emission

- data engine is operated as described in the application of the manufacturer. This is included to avoid the use of a different engine in the emission testing.

§1054.205 (o) The purpose of this subsection is to advise the manufacturer of how the emission data is to be presented, so that ARB staff can review the data i n a more efficient manner.

§1054.205 (o) (1) The purpose of this subsection is to state the format in which the emission data is expected to be submitte d.

§1054.205 (o) (2) The purpose of this subsection is to inform the manufacturer of the possibility that new emission data may not need to be submitted.

§1054.205 (p) The purpose of this subsection is to advise the manufacturer of the

manner that the test results must be reported.

§1054.205 (p) (1) The purpose of this subsection is to advise the manufacturer of the requirement of reporting all test results of all substances that have emission

standards.

§1054.205 (p) (2) The purpose of this subsect ion is to advise that measurements of other exhaust emission components are also required to be reported.B

- 17 §1054.205 (q) The purpose of this subsection is to advise the manufacturer that all adjustable operating parameters need to be described so that AR B staff would be able to repeat the test results.

§1054.205 (q) (1)

- ( 5 ) The purpose of these subsections is to list the operating parameters tha t are expected to be reported.

§1054.205 ( r ) The purpose of this subsection is to allow engine manufacturers to use altitude kits for high altitude applications

.

§1054.205 (t) The purpose of this subsection is to allow engine manufacturers to limit the certification of certain engine families to specific uses.

§1054.205 (u) The purpose of this subsection is to require manufacturers to state that their engines unconditionally comply with all requirements in this part, any referenced parts

, and Title 13 , CCR

.

§1054.205 (v) The purpose of this subsection is to require the manufacturer to submit good

- faith e stimates of California

– directed production volumes.

§1054.205 (x) The purpose of this subsection is to require that manufacturers

submit all information requested in other S ubparts.

§1054.205 (y) The purpose of this subsection is to require that ma nufacturers include all applicable information.

§1054.205 (z) The purpose of this subsection is to require the manufacturer name an agent for services in the United States . This will ensure that the manufacturer has an agent for services in the United States and not require shipment to another country

for services

.

In general, t he proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. With out such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.220 How do I amend the maintenance instructions in my application?

§1054.220 The purpose of this section is to inform the manufacturer of how they can amend an application if they so desire.

§1054.220 (a)

- (c) The purpose of these subsections is to inform the manufacturer of how to amend their application for different reasons.B

- 18 § 1054.225 How do I amend my application for certification to include new or modified engines or fuel systems or change an FEL?

§1054.22 5 The purpose of this section is to inform the manufacture r of how they can amend an application to include a change in new or modified engines or fuel systems

.

§1054.22 5 (a) (1

- 2) The purpose of th ese sub section s is to list reasons why an application may need to be amended.

§1054.22 5 (b) (1

- 3) The purpose of th ese sub section s is to list what needs to be

sent to ARB to amend an application.

§1054.22 5 (c) The purpose of th is sub section is to allow ARB to request more test data or engineering evaluation.

§1054.22 5 (d) The purpose of th is sub section is to a llow ARB to determine if the existing Executive Order covers the new configuration of the engine or equipment.

§1054.22 5 (e) T he purpose of th is sub section is to allow manufacturers to begin producing engines after submitting an application with the und erstanding that if the engine does not meet requirements, then the manufacturer will have to cease production immediately.

§ 1054.230 How do I select emission families?

§1054.230 (a)

- (g) The purpose of these subsections is to guide the manufacturer a s to how they are to divide their product line into different engine families.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.235 What exhaust e mission testing must I perform for my application for a certificate of conformity?

§1054.235 The purpose of this section is to inform the certifying manufacturer of the exhaust emission testing they must perform to show compliance with the emission

standa rds.

§1054.235 (a) The purpose of this subsection is to inform the manufacturer of the required configuration of the engine for exhaust emission testing.B

- 19 §1054.235 (b) The purpose of this subsection is to inform the manufacturer of what procedure and equipment to use for exhaust emission tests. This subsection also informs the manufacturer of the proper process of testing dual

- fuel engines and flexible fuel engines.

§1054.235 (c) The purpose of this subsection is to inform the manufacturer that

AR B may measure emissions from any engine in the engine family. This ensures that none of the engines within the engine family are far out of range of the intended

emission standard or FEL.

§1054.235 (c) (1) The purpose of this subsection is to inform the manufacturer where the testing may be done and of the requirements of the test engine. This ensures that the engine is tested in a representative configuration.

§1054.235 (c) (2) The purpose of this subsection is to inform the manufacturer

that if ARB does the testing that the results are considered to be an official test result.

§1054.235 (c) (3) The purpose of this subsection is to ensure that the whole range of the engine is tested.

§1054.235 (c) (4) The purpose of this subsection is to determine production variability.

§1054.235 (d) The purpose of this subsection is to inform the manufacturer about the requirements for carryover engines.

§1054.235 (d) (1)

- (3) The purpose of these subsections is to list the requirements for carryover engines.

§1054.235 (e) The purpose of this subsection is to give ARB the option of having the manufacturer tests different engines or configurations if the submitted test results are not conclusive or appear not to be conclusive.

§1054.235 (f) The purpose of t his subsection is to ensure that any alternative test procedures are equivalent to given test procedures.

§1054.235 (g) The purpose of this subsection is to inform manufacturers of the requirement of measuring CO 2 and CH 4 and N 2 O when depending on a NO x aftertreatment. These pollutants may be of importance and having this information would be helpful in understanding their significance.

§1054.235 (g) (1)

- (3) The purpose of these subsections is to list the values of these pollutants to the proper num ber of significant figures.B

- 20 §1054.235 ( h ) The purpose of this subsection is to inform manufacturers of the requirement to include a justification for using auxiliary fans

.

The proposed amendments to this section are necessary to establish alignment wit h similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.240 How do I demonstrate that my emission family complies with exhaust

emission standards?

§1054.240 (a) The purpose of this subsection is to inform the manufacturer of the requir ements of test results showing deteriorated emission levels at or below the

standards or FEL.

§1054.240 (b) The purpose of this subsection is remind the manufacturer of the conditions for which an engine family does not comply with the applicable emiss ion

standard.

§1054.240 (c) The purpose of this subsection is to inform the manufacturer of the method of determining a deterioration factor.

§1054.240 (d) The purpose of this subsection is to inform the manufacturer how to make adjustments to low

- ho ur test points using the deterioration factor.

§1054.240 (e) The purpose of this subsection is to inform the manufacturer of engine families with a useful life of less than 300 hours how to apply the deterioration factors to engines other than the origin al emission

- data engine.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be force d to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.245 How do I determine deterioration factors from exhaust durability

test ing?

§1054.245 (a) The purpose of this subsection is to give small

- volume engine manufacturers a lower cost option for determining deterioration factors.B

- 21 §1054.245 (b) The purpose of this subsection is to provide the assigned

deterioration values for e ngines with a displacement of greater than eighty cubic

centimeters.

§1054.245 (c) The purpose of this subsection is to provide the assigned deterioration values for engines with a displacement less than or equal to eighty cubic

centimeters.

§1054.2 45 (d) The purpose of this subsection is to provide the formula for the deterioration factors for engines with aftertreatment.

§1054.245 (e) (1) The purpose of this subsection is provide direction on choosing a deterioration factor and where the deteri oration factor may be used.

§1054.245 (e) (2) The purpose of this subsection is to describe how a

deterioration factor is determined.

§1054.245 (e) (2) (i)

- (ix) The purpose of these subsections is to list criteria

that the manufacturer needs in ord er to obtain a deterioration factor that is not on the

lists mentioned above.

§1054.245 (e) (3) The purpose of this subsection is to inform the manufacturer

of the conditi ons where the deterioration factor may be rejected.

§1054.245 (e) (4) The purpose of this subsection is to give the option to use the calculated deterioration factors for other engine families if a justification is submitted

beforehand. This reduces t he work for manufacturers

, as long as they can show that the engine families are similar enough.

§1054.245 (e) (5) The purpose of this subsection is to inform the manufacturer that new deterioration factors are not necessary for running changes.

The proposed amendments to this section are necessary to maintain the stringency of California’s existing SORE exhaust emission standards and associated test procedures with respect to the determination of the applicable deterioration factors.

§ 1054.250 What records must I keep and what reports must I send to EPA?

§1054.250 (a) The purpose of this subsection is to give the manufacturer the ARB’s contact information and inform them of the requirement to submit information about the engines produced durin g the model year.

§1054.250 (a) (1)

- (2) The purpose of these subsections is to request that manufacturers state total production volume for each engine family and total production volume produced after completing reports.B

- 22 §1054.250 (b) The purpose of this subsection is to request that manufacturers

maintain some records.

§1054.250 (b) (1)

- (5) The purpose of these subsections is to list items the

manufacturer should maintain.

§1054.250 (c) The purpose of this subsection is to require that manufa cturers keep data from routine emission tests.

§1054.250 (d) The purpose of this subsection is inform the manufacturers of the requirement to keep records readily available as long as they may be requested.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine fa milies in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.255 What decisions may EPA make regarding my certificate of conformity?

§1054.255 (a) The purpose of this subsection is to inform manufacturer s of the conditions for obtaining an E xecutive O rder.

§1054.255 (b) The purpose of this subsection is to inform manufacturers of the

conditions for which their application may be denied.

§1054.255 (c) The purpose of this subsection is to inform manufac turers of

conditions for which their application may be denied, suspended or revoked.

§1054.255 (c) (1)

- (7) The purpose of these subsections is list conditions for which applications may be denied, suspended or revoked.

§1054.255 (d) The purpose of t his subsection is to inform manufacturers of

conditions or which the E xecutive O rder may be voided.

§1054.255 (e) The purpose of this subsection is to give the conditions applicable

to carryover engines for which the se engines could have a reduced emiss ion testing

rate.

§1054.255 (f) The purpose of this subsection to inform the manufacturer that ARB may request engines for testing or inspections.B

- 23 The proposed amendments to this section are necessary to establish alignment with similar provisions i n the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra

cost without a c orresponding increase in emission benefits.

Subpart D

– Production

- Line Testing

The purpose of Subpart D is to state that the California production

- line testing requirements can be found in Section 2407 in Title 13, CCR

.

The proposed amendments to t his section are necessary to maintain the stringency of California’s existing SORE exhaust emission standards and associated test procedures with respect to conducting production

- line testing.

Subpart E

– In

- use Testing

The purpose of Subpart E is to provide the requirements for conducting in

- use testing.

§ 1054.401 General provisions

The purpose of this section is to give ARB the option to perform in

- use testing of any engine or equipment.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart F

– Test Procedures

The purpose of Subpart F is to provide the general requirements for performing emission testing in accordance with the test procedur es detailed in Part 1065.

§ 1054.501 How do I run a valid emission test?

§1054.501 (a) The purpose of this subsection is to inform manufacturers that they

, and anyone that does testing for them

, must meet the requirements of this section.B

- 24 §1054.501 ( b) The purpose of this subsection i s to require the use of 40 CFR

Part 1065 for exhaust emission tests.

§1054.501 (b) (1) The purpose of this subsection is to inform the manufacturers of the constituents subject to emission standards.

§1054.501 (b) (2) (i)

- (iv) The purpose of these subsections is to remind the

manufacturers to use fuels and lubricants specified in 40 CFR P art 1065 , as revised by

the California amendments in order to maintain the stringency of the existing SORE

emission standards and ass ociated test procedures.

§1054.501 (b) (3) (i)

- (ii) The purpose of these subsections is to remind manufacturers that the ambient conditions must be within a specific range.

§1054.501 (b) (4) (i)

- (ii) The purpose of these subsections is to inform

man ufacturers of the conditions where emission levels are considered stable without

measurement.

§1054.501 (b) (5) The purpose of this subsection is to inform manufacturers that governors need to be installed for testing if one is on the production engine.

§1054.501 (b) (6) The purpose of this subsection is to inform manufacturers that the fuel system for the test engine should be like that of the production engine.

§1054.501 (b) (7) The purpose of this subsection is to inform manufacturers

that the car bon mass fraction of the fuel needs to be determined based on measured fuel properties. This is to ensure that value is a real value rather than an estimated one.

§1054.501 (b) ( 8 ) The purpose of this subsection is to inform manufacturers of the proper procedures of determining service accumulation and engine stabilization.

§1054.501 (b) ( 9 ) The purpose of this subsection is to inform manufacturers on how to prepare an engine for a pre

- test.

§1054.501 (b) ( 10 ) The purpose of this subsection is to inf orm manufacturers of the procedures used for an analyzer pre

- test.

§1054.501 (b) ( 11 ) The purpose of this subsection is to inform manufacturers that they may check the system flow rates and pressures and reset, if needed.

§1054.501 (c) The purpose of this subsection is to inform manufacturers of when a special or alternate procedure is allowed.

§1054.501 (c) (1) The purpose of these subsections is to inform manufacturers of the provisions that apply for using special or alternative test procedures.B

- 25 §1054.501 (d) The purpose of this subsection is to inform the manufacturers of the conditions in which a wintertime engine needs to be tested.

In general, t he proposed amendments to this section are necessary to establish alignment with similar provision s in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at

considerable extra cost without a corresponding increase in emission benefits.

§ 1054.505 How do I test engines?

§1054.505 (a) The purpose of this subsection is to describe to manufacturers how to test engines under steady

- state conditions.

§1054.505 (a) (1) The purpose of this s ubsection is to describe what to do for

discrete

- mode testing.

§1054.505 (a) (1) (i)

- (ii) The purpose of these subsections is to list the acceptable methods for confirming torque values for engines with a displacement of greater or equal to eighty cubic centimeters.

§1054.505 (a) (2) The purpose of this subsection is to describe how to conduct ramped

- modal testing.

§1054.505 (b) The purpose of this subsection is to inform manufacturers of how all engines must be dynamometer tested in order to demon strate compliance with the specified exhaust emission stands

.

§1054.505 (b) (1) The purpose of this subsection is to inform manufacturers of the requirement for engines with a displacement of less than eighty cubic centimeters to

use a two

- mode duty cyc le.

§1054.505 (b) (1) (i)

- (iii) The purpose of these subsections is to list how to establish an engine’s rated speed.

§1054.505 (b) (2) The purpose of this subsection is to inform manufacturers of the requirement for engines with a displacement of gr eater than or equal to eighty cubic

centimeters to use a six

- mode duty cycle or the corresponding ramped

- modal cycle.

§1054.505 (c) The purpose of this subsection is to inform manufacturers of the conditions for how to operate the engine with a displace ment of greater than or equal to eighty cubic centimeters during idle mode.

§1054.505 (c) (1)

- (3) The purpose of these subsections is to list the parameters at which the engine must operate during the idle mode.B

- 26 §1054.505 (d) The purpose of this subsec tion is to inform manufacturers of engines with a displacement of greater than or equal to eighty cubic centimeters how to operate the engine during the full

- load operation.

§1054.505 (d) (1)

- (4) The purpose of these subsections is to list parameters fo r engines while under full

- load operation.

§1054.505 (e) The purpose of this subsection is to refer to 40 CFR P art 1065 for

tolerances and calculations.

The proposed amendments to this section are necessary to establish alignment with similar provision s in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra

cost without a corresponding increase in emission benefits.

§ 1054.520 What testing must I perform to establish deterioration factors?

§1054.520 The purpose of this subsection is to refer to other sections for a description of the required methods for testing to es tablish deterioration factors for an engine family.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart G

– Special Compliance Provisions

The purpos e of Subpart G is to provide the general requirements for performing certain compliance actions, including California

- specific labeling requirements.

§ 1054.601 What compliance provisions apply?

§1054.601 (a) The purpose of this subsection is to inform affected parties that

everyone m ust observe provisions of this P art and California’s Health and Safety Code.

§1054.601 (b) The purpose of this subsection is to remind engine manufacturers that they are prohibited from stockpiling engines.B

- 27 §1054.6 01 (c) The purpose of this subsection is to inform manufacturers that take possession of engines for purposes of recovering components of the provisions that apply to them.

§1054.601 (c) (1) The purpose of this subsection is to refer back to Title 13

, CC R, for labeling requirements. This means that there are not any change s to the existing Californi a labeling requirements in order to maintain the stringency of the existing California emission standards and associated test procedures.

§1054.601 (c) (2) The purpose of this subsection is to state that the engine mentioned in this section may not be resold.

§1054.601 (c) (3) The purpose of this subsection is to inform the manufacturer of record collecting requirements for these engines.

In general, t h e proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requi rements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.635 What special provisions apply for small

- volume engine and equipment manufacturers?

§1054.635 The purpose of this section is to allow for the use of assigned deterioration

factors for small

- volume engine manufacturers.

T he proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for s mall nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emissi on benefits.

§ 1054.640 What special provisions apply to branded engines?

§1054.640 The purpose of this section is to state what provisions apply to branded engines.

§1054.640 (a)

- (c) The purpose of these subsections is to state the requirement s for branded engines.

T he proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additionalB

- 28 requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.645 What special provisions apply for converting an engine to use an

alter nate fuel?

§1054.645 The purpose of this section is to keep engines from being modified beyond the conditions for which they were certified, and to inform anyone who does such

modifications that they must certify the new configuration under a new E xecutiv e O rder.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy ad ditional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.650 What special provisions apply for adding or changing governors?

§1054.650 The purpo se of this section is to state the requirements for adding or changing governors for exhaust emission testing.

§1054.650 (a) The purpose of this subsection is to state the requirements for in

use duty cycles.

§1054.650 (a) (1)

- (2) The purpose of thes e subsections is to state the conditions for which the representative testing is not required.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.655 What special provisions apply for installing and removing altitude

kits?

§1054.6 55 The purpose of this section is to provide an allowance to use altitude kits when necessary

.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additionalB

- 29 requirements and/or certify separate engine families in California at considerab le extra cost without a corresponding increase in emission benefits.

§ 1054.660 What are the provisions for exempting emergency rescue equipment?

§1054.660 The purpose of this section is to provide exemptions for emergency equipment used by fire and po lice departments and other emergency entities.

T he proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manuf acturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart H

– Averaging, Banking and Trading for Certificati on

The purpose of Subpart H is to provide the general requirements for the emission averaging, banking, and trading provision s.

§1054.701 General Provisions

§1054. 701 The purpose of this section is to inform stakeholders to refer to Title 13, CCR, fo r the provisions for certification emission credit program.

The proposed amendments to this section are necessary to maintain the stringency of California’s existing SORE emission standards and associated test procedures with
respect to using averaging, banking, and trading provisions.

Subpart I

– Definitions and Other Reference Information

The purpose of Subpart I is to provide the general information related to definitions and supporting information.

§ 1054.801 What definitions apply to this part?

§1054.801 The purpose of this section is to provide definitions for words in this document to ensure that the meaning of the words align with U.S. EPA

, and that there is a clear understanding of what is required.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable.B

- 30 Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separat e engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.805 What symbols, acronyms, and abbreviations does this part use?

§1054.805 The purpose of this section is to identify the meanings of all of the symbols, acronyms

, and abbreviations in order to avoid any misunderstandings in conducting the required test procedures and performing the certification process . This is also a good source of reference while reading the document.

The pro posed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requiremen ts and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.815 What provisions apply to confidential information?

§1054.815 The purpose of this section is to set gui delines for manufacturers as to how to identify confidential information.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable.

Witho ut such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.820 How do I request a hearing?

§1054.820 The purpose of this section is to inform manufacturers on how to request a hearing.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad eng ines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.B

- 31 § 1054.821 Right of entry and access

§1054.821 The purpose of this section is to let manufacturers know of their responsibilities in allowing the ARB Enforcement Officer i n to the ir facilities.

The proposed amendments to this section are necessary to est ablish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in Califor nia at considerable extra cost without a corresponding increase in emission benefits.

§ 1054.825 What reporting and recordkeeping requirements apply under this part?

§1054.825 The purpose of this section is to inform the manufacturers of their reportin g and record keeping requirements.

The proposed amendments to this section are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers cou ld be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Appendix II to Part 1054

– Duty Cycles for Laboratory Testing The propo sed amendments to this Appendix are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirement s and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.B

- 32 California Exhaust Emission Standards and Test Procedures For New 2013 and

Later Small Off

- Road Engines; Engine

- Test ing Procedures (Part 1065).

The proposed P art 1065 test procedures prescribe scaled specifications for test equipment and measurement instruments by parameters such as engine power, engine speed and the emission standards to which an engine must comply

. Manufacturers will

be able to use these specifi cations to determine what range of engines and emission standards may be tested.

The basis of the proposed Part 1065 is the federal P art 1065

, as l ast amended June 28,

2011

, which is a combination of U.S. EPA’s existing test procedures for testing various categories of nonroad engines and heavy

- duty on

- highway engines.

Part 1 065 is organized by S ubparts as shown below:

Subpart A General provisions; global information on applicability, alternate procedure s, units of measure, etc.

Subpart B Equipment specifications; required hardware for testing

Subpart C Measurement instruments

Subpart D Calibration and verifications; for measurement systems

Subpart E Engine selection, preparation, and maintenance

Sub part F Test protocols; step

- by

- step sequences for laboratory testing and test

validation

Subpart G Calculations and required information

Subpart H Fuels, fluids, and analytical gases

Subpart I Oxygenated fuels; special test procedures

Subpart J Field t esting and portable emissions measurement systems

Subpart K Definitions, references, and symbolsB

- 33 Subpart A

The purpose of S ubpart A is to identify the applicability of P art 1065 and describe how procedures other than those in P art 1065 may be used to c omply with Title 13 , CCR regulati ons for small off

- road engines.

§ 1065.1 The purpose of this section is to explain that small off

- road engines remain subject to Title 13, CCR, Chapter 9 , rather than U.S. EPA’s exhaust emission requirements

.

T he proposed amendments to this S ub part are necessary to maintain the stringency of California’s existing SORE emission standards and associated test procedures.

Subpart B

The purpose of S ubpart B is to describe engine and dynamometer related systems. Many of these s pecifications are scaled to an engine’s size, speed, torque, exhaust flow

rate, etc. Subpart B also describes sampling dilution systems. These include

s pecifications for the allowable components, materials, pressures, and t emperatures.

§ 1065.101 The pu rpose of this section is to include a diagram illustrating all the

available equipment for measuring emissions.

§1065.1 22 The purpose of this section is to specify that test cells shall be

maintained at ambient temperature levels as defined in section 106 5.125 (c)

. This

section provide s for engine cooling fans to be used to simulate in

- use conditions. Staff proposes keeping ARB’s current test procedures language in sections 90.118(f) and

90.307 which require manufacturers to justify to the satisfaction o f the Executive Officer

, in the application for certification

, the need for and use of such fans. The manufacturer must also demonstrate that the supplemental cooling resulting from the use of the fans is representative of in

- use engine operation. These proposed amendments are necessary in order to maintain the stringency of California’s existing emission standards and associate test procedures.

In general, t he proposed amendments to this S ub part are necessary to establish alignment with similar provisio ns in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at

considerable extra cost without a corresponding increase in emission benefits.

Subpart C

The purpose of S ubpa rt C is to specify the requirements for the measurement

instruments used for testing. These specifications apply to both laboratory and field testing. S ubpart C recommend s ac curacy, repeatability, noise, and response timeB

- 34 specifications for individual measurement instruments , and requires that overall

measurement systems meet the calibrations and verifications in Subpart D.

T he proposed amendments to this S ubpart are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart D

The purpose of S ubpart D is to specify accuracy, repeatability and other related
parameters for the test measurement systems

.

T he proposed amendment s to this S ubpart are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certi fy separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart E The purpose of S ubpart E is to describe how to select, prepare, and maintain a test engine.

T he proposed amendments to this S ubpart are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify se parate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart F The purpose of S ubpart F is to describe the step

- by

- step protocols for engine mapping, test cycle generation, test cycle valid ation, pre

- test preconditioning, engine starting, emission sampling, and post

- test validations.

T he proposed amendments to this S ubpart are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as i s applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart G

Th e purpose of S ubpart G is to address all the calculat ions required in P art 1065. Subpart G specifies emission calculations based on molar quantities for flow rates

instead of volume or mass. This change eliminates the frequent confusion caus ed by using d ifferent reference points for standard pressure and standard temperature.

Instead of declaring standard densities at standard pressure and standard temperatureB

- 35 to convert volumetric concentration measurements to mass

- based units, S ubpart G

declare s molar masses for individual elements and compounds. Since these valu es are independent of all other parameters, they are known to be universally constant. §1065.650 (i) The purpose of this subsection is to keep ARB’s current test procedure language in section 90 .404 (e). Specifically, for two

- stroke engines, staff proposes that engine manufacturers continue to be allowed to determine PM emissions by using HC emissions as a surrogate for PM emissions because HC reductions would also correspond to reductions in tw o

- stroke PM emissions. These proposed amendments are necessary in order to maintain the stringency of California’s existing emission standards and associate test procedures

.

In general, t he proposed amendments to this S ubpart are necessary to establish

a lignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at

c onsiderable extra cost without a corresponding increase in emission benefits.

Subpart H

The purpose of S ubpart H is to specify test fuels, lubricating oils and coolants, and analytical gases for testing. Subpart H also specif ies that service accumulatio n fuel s must be either a test fuel or a commercially available in

- use fuel. This helps ensure that testing is representative of in

- use engine operation. Staff is propos ing amendments to keep certain provisions already specified in California’s existing SO RE test procedures

in lieu of those specified in federal P art 1065.

§1065. 701 The purpose of this section is to describe general requirements for test fuels. The proposed amendments to subsection 1065.701 (a) (2) are necessary in order to specify that t he test fuel specifications will be consistent with the on

- road motor

vehicle E10 or other ARB

- certified test fuel s . The proposed amendments to subsection 1065.701 (a) (3) is are necessary in order to allow use of the on

- road motor vehicle E10

or other AR B

- certified test fuel s as an option for 2013 through 2019 model year engines. In addition, the proposed amendments to subsection 1065.701 (f) are necessary in order to specify that a service accumulation fuel can be either a test fuel or a commercially av ailable in

- use fuel

.

§1065.70 3

- 740 The proposed amendments to th ese subsection s are necessary in

order to keep California’s test fuel requirements aligned with the applicable on

- road

vehicle test fuel requirements.

In general, t he proposed amendments to this S ubpart are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify s eparate engine families in California at considerable extra cost without a corresponding increase in emission benefits.B

- 36 Subpart I

The purpose of this S ubpart is to describe special procedures for measuring certain hydrocarbons whenever oxygenated fuels a re used.

T he proposed amendments to this S ubpart are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to satisfy addi tional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart J

The purpose of S ubpart J is to describe f ield t esting and p ortable e missions

m easurement s ystems (PEMS)

.

T he proposed amendments to this S ubpart are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicable. Without such an alignment, manufacturers could be forced to sati sfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.

Subpart K

The purpose of S ubpart K is to list all the defined terms, identification of ref erence materials, and lists of acronyms and abbreviations used throughout P art 1065.

T he proposed amendments to this S ubpart are necessary to establish alignment with similar provisions in the federal regulations for small nonroad engines, as is applicabl e. Without such an alignment, manufacturers could be forced to satisfy additional requirements and/or certify separate engine families in California at considerable extra cost without a corresponding increase in emission benefits.