California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 15 - Additional off-Road Vehicles and Engines Pollution Control Requirements › Article 1 - Evaporative Emission Requirements for off-Road Equipment › Section 2754.1 - Certification Averaging, Banking, and Trading

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability -- The averaging
				  requirements specified in this section apply only to engines or equipment with
				  complete evaporative emission control systems certified to the diurnal or hot
				  soak plus diurnal emission standards specified in section
				  2754(a)
				  or
				  2757
				  of this Article and tested according to TP-902. Participation in the
				  certification averaging, banking, and trading program is voluntary. The
				  provisions of this section are applicable only for determining compliance with
				  this section.
(b) General
				  Provisions.
(1) The certification averaging,
				  banking, and trading provisions for diurnal or hot soak plus diurnal emissions
				  from eligible engines and equipment are described in this section.
(2) A Holder of an Executive Order for an
				  evaporative family subject to this Article may use the averaging, banking, and
				  trading provisions of this section for the purpose of creating evaporative
				  emissions credits.
(3) A Holder
				  shall not include in its calculation of credit generation and may exclude from
				  its calculation of credit usage, any new engines or equipment not subject to
				  this Article. Small off-road engines powered with compressed natural gas (CNG),
				  propane, liquefied petroleum gas (LPG), or liquefied natural gas (LNG) may be
				  certified under this Article, in order to generate evaporative emission
				  credits. CNG, propane, LPG, and LNG engines must meet all applicable
				  requirements in this Article to earn evaporative emission credits.
(4) A Holder may include its entire inventory
				  of an evaporative family subject to this Article in calculating the evaporative
				  emissions credit for a given model year.
(5) A Holder shall certify an evaporative
				  family to an EMEL and shall determine an EFELD. The EFELD is calculated by a
				  Holder and can be positive or negative subject to the limitations in
				  subsections (b)(6) and (b)(7) of this section, provided the sum of the Holder's
				  projected balance of credits from all credit transactions in a given model year
				  is greater than or equal to zero, as determined under subsection (f). The EFELD
				  is determined based on the evaporative test results, in accordance with TP-902,
				  of the model of engine or equipment within an evaporative family expected to
				  exhibit the highest evaporative emission rate relative to the applicable
				  diurnal or hot soak plus diurnal emission standard. The EFELD is calculated by
				  setting the EMEL for the model of engine or equipment tested at a level above
				  the evaporative test results and then subtracting the EMEL from the applicable
				  diurnal or hot soak plus diurnal emission standard for the model.
(A) A Holder of an Executive Order for an
				  evaporative family with a negative EFELD shall obtain positive emission credits
				  sufficient to address the associated credit shortfall within the time period
				  set out in subsection (b)(8) below.
(B) An evaporative family with a positive
				  EFELD may generate positive emission credits for averaging, banking, trading,
				  or a combination thereof.
(6) No walk-behind mowers within an
				  evaporative family may have an EMEL greater than 1.5 times the applicable
				  diurnal standard in section
				  2754(a)
				  for model year 2023 and earlier model years, or 1.5 grams organic material
				  hydrocarbon equivalent per test for model year 2024 and later model
				  years.
(7) No model of engine or
				  equipment (excluding walk-behind mowers) within an evaporative family may have
				  an EMEL greater than 3.0 times the applicable diurnal standard in section
				  2754(a)
				  for model year 2023 and earlier model years, or 2.1 grams organic material
				  hydrocarbon equivalent per test for model year 2024 and later model
				  years.
(8) A Holder must
				  demonstrate compliance with this section within 270 days after the end of the
				  model year.
(9) No new Executive
				  Order of Certifications will be issued to the Holder until a plan to make up
				  the emissions deficit plus a penal amount of 25% of the deficit has been
				  approved by the Executive Officer.
(10) The failure of a Holder to comply with
				  the diurnal or hot soak plus diurnal emissions standards in accordance with
				  this section shall be grounds for revocation or suspension of the Executive
				  Order of Certification in accordance with section
				  2770.
				  A revocation under this provision shall be deemed to revoke the Executive Order
				  of Certification
ab initio.
(11) The failure of a Holder to submit the
				  plan required in subsection (b)(9) above within 270 days after the end of a
				  model year shall be grounds for revocation or suspension of the Executive Order
				  of Certification in accordance with section
				  2770.
				  A revocation under this provision shall be deemed to revoke the Executive Order
				  of Certification
ab initio.