ATTACHMENT D

to

Resolution 08-36

Staff’s Suggested Modifications

Title 13 California Code of Regulations
STAFF’S SUGGESTED MODIFICATIONS

ATTACHMENT D TO RESOLUTION 08-36

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. All additions to language proposed after the 

publication of the proposal are indicated by double underlining. All 

deletions to language proposed after the publication of the proposal are 

indicated by double 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 9. Off-Road Vehicles and Engines Pollution Control Devices

Article 4.7. Spark-Ignition Marine Engines

§ 2441. Definitions.

(a) 

* * * * *

(31) “Intermediate Volume Manufacturer” means an engine manufacturer that 

produces high performance and/or standard performance sterndrive/inboard 

engines for sale in California in combined quantities greater than 75 units but 

less than 500 units annually. 

(3132) “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.

(3233) “Large Volume Dual Category Manufacturer” means an engine

manufacturer that produces both high performance and/or standard performance 

sterndrive/inboard engines for sale in California in combined quantities equal to 

or greater than 500 75 units annually.
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(30)(3334) “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)(3435) “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)(3536) “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 

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

commerce.

(33)(3637) “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)(3738) “Marine watercraft” means every description of boat, ship or other 

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

(3839) “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.

(3940) “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 
- 4 -

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)(4041) “Maximum Rated Power” means the maximum brake kilowatt output 

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

certification.

(4142) “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)(4243) “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 
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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.

(4344) “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 

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)(4445) “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
- 6 -

(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.

(4546) “Nontrailerable boat” means a vessel equal to or greater than 8 meters in 

length and or 2.6 meters or more wide.

(39)(4647) “Operating cycle” consists of engine startup, engine run, and engine 

shutoff.

(40)(4748) “Original equipment manufacturer” means a manufacturer who 

purchases engines for installation in its equipment for sale to ultimate 

purchasers.

(41)(4849) “Outboard engine” means a spark-ignition marine engine that, when 

properly mounted on a marine watercraft in the position to operate, houses the 

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.

(4950) “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)(5051) “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)(5152) “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).

(53) “Qualified Intermediate Volume Manufacturer” means an intermediate 

volume manufacturer whose ratio of standard performance sterndrive/inboard 

engines to high performance sterndrive/inboard engines is 12 to 1 or greater. 

(5254) “Rebuild” or “Rebuilding” refers to a major overhaul in which the engine's 

pistons or power assemblies are replaced or other changes that significantly 
- 7 -

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 Test Procedures 

allows during the useful life period (such as replacing fuel injectors) or 

unscheduled maintenance that occurs commonly within the useful life period.

(44)(5355) “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)(5456) “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)(5557) “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 

manufacturer may calculate its eligible sales through market analysis of actual 

federal production or sales volumes.

(47)(5658) “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.

(59) “Small Volume Manufacturer” means an engine manufacturer that produces 

high performance and/or standard performance sterndrive/inboard engines for 

sale in California in combined quantities equal to or less than 75 units annually.

(5760) “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)(5861) “Spark-ignition marine engine” or “Spark-ignition propulsion 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.
- 8 -

(5962) “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.

(6063) “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)(6164) “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)(6265) “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.

(52)(6366) “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)(6467) “U.S.C.” means United States Code.

(54)(6568) “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)(66698) “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)(6770) “Warranty period” means the period of time the engine or part is 

covered by the warranty provisions.

(57)(6871) “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.
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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.
- 10 -

§ 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 Later2 44 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.
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Table 1.2

Outboard and Personal Watercraft Carbon Monoxide Standards

ENGINE 

CATEGORY MODEL YEAR

POWER

CATEGORYa

[kilowatts]

CO STANDARD

[grams per kilowatt-hour]

OB/PWCb 2009 2010 and 

later

kW ≤ 40 500 - 5 x Pc

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.
- 12 -

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 
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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) for standard performance engines and/or 2.1(b) for 

high performance engines, 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.
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Table 2.1(a)

Standard Performance Inboard/Sterndrive/Inboard Marine Engine Standards

MODEL

YEAR

RATED

POWER

CATEGORY1

COMPLIANCE

OPTION12

DURABILITY

EXHAUST STANDARDS

SUPPLEMENTAL

MEASURE NMHC 45

23

+NOx TYPE34 CO

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

kilowatt-hour]

2003 -

2006 kW ≤ 373 N/A N/A 16.0 AVE6

N/A

None

2007 kW ≤ 373

OPT 1

N/A 16.0 (55%) AVE6

None

480 / 10 5.0 (45%) FIXED

OPT 2 N/A 14.0 FIXED Low-Permeation

Fuel Line Hoses

2008 kW ≤ 373

OPT 1

N/A 16.0 (25%) AVE6

None

480 / 10 5.0 (75%) FIXED

OPT 2 480 / 10 5.0 FIXED Low-Permeation

Fuel Line Hoses

2009 

and later

kW ≤ 373

N/A

480 / 10 5.06,7,8 FIXED 75.07,9

Carryover 373 < kW ≤ 710

485 1505 / 3 5.06 AVE

kW > 485 505 / 1 5.06 AVE

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 that produce high performance engines and qualified intermediate volume 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, Mmodel Yyear 2009 certification, 

each Llarge Vvolume Dual Category Mmanufacturer that 

intends to produce high performance engines or qualified

intermediate volume 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.
- 15 -

Table 2.1(b)

High Performance Sterndrive/Inboard Marine Engine Standards

MODEL 

YEAR

POWERa

CATEGORY

[kilowatts]

DURABILITY

[hours / years]

HCb+NOx

STANDARD

[grams per kilowatt-hour] CO

STANDARD

[grams per

kilowatt-hour]

Small Volume or

Large Volume Single Category

Manufacturers or Intermediate 

Volume Manufacturers that are 

not Qualified Intermediate 

Volume Manufacturers

Large Volume

Dual Category

or Qualified

Intermediate 

Volume

Manufacturer

2009 -

2010

373 < kW ≤ 485

150c / 3

16.0cd

5.0de 350.0cd

kW > 485 25.0cd

2011 

and later

373 < kW ≤ 485

50c / 1

16.0cd

5.0de 350.0cd

kW > 485 22.0cd

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 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

cd 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

de 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 that produce high performance engines and qualified intermediate 

volume 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 
- 16 -

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:

(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

( )

( )( )
- 17 -

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 
- 18 -

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). 
- 19 -

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 and 

Qualified Intermediate Volume 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, a large volume dual 

category or qualified intermediate volume 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 they do either (A) or (B): 

(A) The manufacturer ensures 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. 1. 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 
- 20 -

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 2. Each boat manufacturer shall 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 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.

(B) The manufacturer reduces by other means emissions sufficient 

to fully compensate for the change in emission benefits from allowing 

compliance to the less stringent standard. 

1. The manufacturer must submit a plan prior to 

certification of any high performance engine family. The Executive 

Officer must approve a plan before certifying any of the 

manufacturer’s engine families. To be approved, the plan must 

meet the following criteria:

i. The total emissions benefit of the measures 

must provide reductions equivalent to the 5.0 g/kw-hr 

HC+NOX standard.

ii. The emissions reductions achieved from the 

measures must be verifiable.

iii. The measures must be enforceable.

iv. Except as allowed by Sections 2442 (g) (2), or 

2442 (g) (3), no engine families can exceed the emissions 

standards in 2442 (b).

v. The plan must include backstop provisions to 

be followed in the event that a measure or measures are not 

able to be fully implemented. 

2. If the manufacturer does not implement the plan as 

approved, the Executive Officer may rescind certification of the affected engine families 

until a revised plan is approved. 

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

(RESERVED)
- 21 -

{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).

Table 3 - Voluntary Standards

HC1+NOX

STANDARD

[grams per

kilowatt-hour]

CO

STANDARD

[grams per

kilowatt-hour]

PERMEATION

STANDARDS

[grams per

square meter per day]

DIURNAL

STANDARD2

[grams per

gallon per day] Hose3 Tank4

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 
- 22 -

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 

§ 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 inboard 

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. 

1. Notwithstanding subparagraph 2. below, 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.

2. Replacements for discontinued jet boat engine families. 

In 2010 and 2011, if a jet boat engine certified to the § 2442 

(a) standards prior to 2010 is discontinued, the manufacturer

may introduce a replacement engine family that complies 

with the § 2442 (a) standards, provided that the replacement 
- 23 -

engine family is certified to an FEL at or below the certified 

emissions level of the family it replaces. 

(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

2012., if new, or All other jet boat engines, including 

replacements for discontinued jet boat engine families, must 

be certified separately and to a unique engine family 

beginning in 2010 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 

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 
- 24 -

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

(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 
- 25 -

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 Officer 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.