California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 1 - Small off-Road Engines › Section 2407 - New Engine Compliance and Production Line Testing-New Small off-Road Engine Selection, Evaluation, and Enforcement Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Compliance Test Procedures.
(1) The Executive Officer may, with respect
				  to any new engine family or subgroup being sold, offered for sale, or
				  manufactured for sale in California, order an engine manufacturer to make
				  available for compliance testing and/or inspection one or more engines, and may
				  direct that the engines be delivered to the state board at 4001 Iowa Street,
				  Riverside, CA 92507 or where specified by the Executive Officer. The Executive
				  Officer may also, with respect to any new engine family or subgroup being sold,
				  offered for sale, or manufactured for sale in California, have an engine
				  manufacturer compliance test and/or inspect one or more engines at the engine
				  manufacturer's facility under the supervision of a CARB Enforcement Officer. As
				  appropriate, Health and Safety Code section
				  43024(b)
				  will inform CARB's requests. Engines must be selected at random from sources
				  specified by the Executive Officer according to a method approved by the
				  Executive Officer, that, insofar as practical, must exclude engines that would
				  result in an unreasonable disruption of the engine manufacturer's distribution
				  system.
(2) For all 1995 and
				  subsequent small off-road engines selected for compliance testing, the
				  selection and testing of engines and the evaluation of data must be made in
				  accordance with the procedures set forth herein.
(3) These procedures are applicable,
				  commencing with the 1995 calendar year, to any engine family or any subgroup
				  within an engine family selected for compliance testing pursuant to this
				  section.
(4) All testing must be
				  conducted in accordance with the applicable calendar year (for 1995-1999) or
				  model year (for 2000 and later) certification emission test procedures. Any
				  adjustable engine parameters must be set to values or positions that are within
				  the range available to the ultimate purchaser as determined by CARB Enforcement
				  Officer. For example, an engine carburetor with an adjustable idle fuel/air
				  mixture must be compliance tested at any mixture position requested by CARB
				  Enforcement Officer that is within the range of adjustment available to the
				  end-use operator. Engine service accumulation (i.e., break-in) before testing
				  may be performed on test engines to the same extent it is performed on
				  production line testing engines (See subsection (d)). No break-in or
				  modifications, adjustments, or special preparation or maintenance will be
				  allowed on engines chosen for compliance testing without the written consent of
				  the Executive Officer. Such consent must not be unreasonably withheld where
				  such adjustment or alteration is required to render the engine testable and
				  reasonably operative.
(5) If the
				  engine manufacturer elects to specify a different break-in or adjustments, they
				  may be performed by the engine manufacturer only upon written approval by the
				  Executive Officer and under the supervision of CARB personnel.
(6) Correction of damage or maladjustment
				  that may reasonably be found to have resulted from shipment of the engine is
				  permitted only after test of the engine, except where 100 percent of the engine
				  manufacturer's production is given that inspection or maintenance by the engine
				  manufacturer's own personnel. The engine manufacturer may request that the
				  engine be repaired from shipping damage, and be retested. If the Executive
				  Officer concurs, the engine may be retested, and the original test results may
				  be replaced by the after-repair test results.
(7) Engines must be randomly chosen from the
				  selected engine family or subgroup. Each chosen engine must be tested as
				  applicable, according to the "California Exhaust Emission Standards and Test
				  Procedures for 1995-2004 Small Off-Road Engines", adopted March 20, 1992, and
				  last amended July 26, 2004; the "California Exhaust Emission Standards and Test
				  Procedures for 2005-2012 Small Off-Road Engines," adopted July 26, 2004, and
				  last amended October 25, 2012; or, the collective "California Exhaust Emission
				  Standards and Test Procedures for New 2013 and Later Small Off-Road Engines;
				  Engine-Testing Procedures (Part 1054)," adopted October 25, 2012, and amended
				  January 1, 2023; and, the "California Exhaust Emission Standards and Test
				  Procedures for New 2013 and Later Small Off-Road Engines; Engine-Testing
				  Procedures (Part 1065)," adopted October 25, 2012, and amended January 1, 2023,
				  to determine its emissions. Unique specialty hardware and personnel normally
				  necessary to prepare the engine for the performance of the test as set forth in
				  the Procedures must be supplied by the engine manufacturer within seven days
				  after the request for such specialty hardware or personnel. Failure to supply
				  this unique specialty hardware or personnel may not be used by the engine
				  manufacturer as a cause for invalidation of the subsequent tests.
(8) The Executive Officer will find that a
				  group of engines has failed the compliance testing if the Executive Officer
				  finds that the emissions of any engine within the selected engine family or
				  subgroup exceed the applicable model year new engine emission standard for at
				  least one pollutant.
(9) If the
				  Executive Officer determines, in accordance with the procedures set forth in
				  Subsection (a) that an engine family or any subgroup within an engine family,
				  exceeds the emission standards for one or more pollutants, the Executive
				  Officer will:
(A) Notify the engine
				  manufacturer that the engine manufacturer may be subject to revocation or
				  suspension of the Executive Order authorizing sales and distribution of the
				  noncompliant engines in the State of California, or enjoined from any further
				  sales or distribution, of the noncompliant engines in the State of California
				  pursuant to Section
				  43017 of the
				  Health and Safety Code. Prior to revoking or suspending the Executive Order, or
				  seeking to enjoin an engine manufacturer, the Executive Officer will consider
				  production line test results, if any, and any additional test data or other
				  information provided by the engine manufacturers and other interested parties,
				  including the availability of emission reductions credits to remedy the
				  failure.
(B) Notify the equipment
				  manufacturer that the equipment manufacturer may be subject to being enjoined
				  from any further sales, or distribution, of the equipment manufacturer's
				  equipment product line(s) that are, or utilize engines that are, noncompliant
				  with the applicable emission regulations pursuant to Section
				  43017 of the
				  Health and Safety Code. Prior to revoking or suspending the Executive Order, or
				  seeking to enjoin an equipment manufacturer, the Executive Officer will
				  consider production line test results, if any, and any additional test data or
				  other information provided by the equipment manufacturer and other interested
				  parties, including the availability of emissions reduction credits to remedy
				  the failure.
(10)
				  Engines selected for inspection must be checked to verify the presence of those
				  emissions-related components specified in the engine manufacturer's application
				  for certification, and for the accuracy of any adjustments, part numbers and
				  labels specified in that application. If any engine selected for inspection
				  fails to conform to any applicable law in Part 5 (commencing with Section
				  43000) of Division 26 of the Health and Safety Code, or any regulation adopted
				  by the state board pursuant thereto, other than an emissions standard applied
				  to new engines to determine "certification" as specified in Chapter 9, the
				  Executive Officer will:
(A) Notify the engine
				  manufacturer and may seek to revoke or suspend the Executive Order authorizing
				  sales and distribution or enjoin the engine manufacturer from any further
				  sales, or distribution, of the applicable noncompliant engine families or
				  subgroups within the engine families in the State of California pursuant to
				  Section
				  43017 of the
				  Health and Safety Code. Before revoking or suspending the Executive Order
				  authorizing sales and distribution of the applicable noncompliant engine
				  families or subgroups within the State of California, or seeking to enjoin an
				  engine manufacturer, the Executive Officer will consider any information
				  provided by the engine manufacturer and other interested parties, including the
				  availability of emissions reductions credits to remedy the failure.
(B) Notify the equipment manufacturer and may
				  seek to revoke or suspend the Executive Order authorizing sales and
				  distribution or enjoin the equipment manufacturer from any further sales, or
				  distribution, in the State of California of the equipment manufacturer's
				  equipment product line(s) that are, or utilize engines that are, noncompliant
				  with the applicable emission regulations pursuant to Section
				  43017 of the
				  Health and Safety Code. Before revoking or suspending the Executive Order
				  authorizing sales and distribution of the applicable noncompliant equipment, or
				  seeking to enjoin an equipment manufacturer, the Executive Officer will
				  consider any information provided by the equipment manufacturer and other
				  interested parties, including the availability of emissions reductions credits
				  to remedy the failure.