California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 4.7 - Spark-Ignition Marine Engines › Section 2444.1 - In-Use Compliance Testing and Recall Regulations - Model Year 2001 and Later Spark-Ignition Marine Engines

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Applicability. This section applies to
				  model year 2001 and later spark-ignition personal watercraft and outboard
				  marine engines, which have been certified to the applicable emission standards
				  pursuant to Health and Safety Code section
				  43013.
				  Spark-ignition sterndrive/inboard marine engines shall comply with the in-use
				  compliance testing and recall requirements found in Title 13, California Code
				  of Regulations, Sections
				  2111 through
				  2140 and
				  2147.
(b) Manufacturer In-Use Compliance Test
				  Procedures.
(1) For the purposes of this
				  section, the Air Resources Board will accept emission data collected from the
				  in-use testing program implemented by the United States Environmental
				  Protection Agency as specified in Title 40, Code of Federal Regulations,
				  section 91.803 [October 4, 1996], which is
				  incorporated herein by reference.
(2) The Executive Officer, may, upon notice
				  to the engine manufacturer and after review of the engine families identified
				  by the United States Environmental Protection Agency for federal in-use
				  testing, prescribe that a California-specific in-use testing program be
				  conducted pursuant to paragraph (b)(3) at the engine manufacturer's expense if:
(A) The results obtained from the federal
				  in-use test program pursuant to paragraphs (b)(1) of this section are
				  determined not to be representative of engines sold and operated in California;
				  or,
(B) The necessity is supported
				  by other data or information (e.g., California-only engine
				  families).
(3) California
				  In-Use Testing Program.
(A) The Executive
				  Officer shall identify engine families and those configurations within families
				  offered for sale in California that the engine manufacturer must then subject
				  to in-use testing for the specified model year. The number of engine families
				  identified shall not exceed 25 percent of the engine manufacturer's families
				  offered for sale in California. The Executive Officer may allow for reduced
				  testing upon the engine manufacturer's demonstration of consistent compliance
				  with the applicable emission standards.
(B) Number of Engines to be Tested. The
				  number of engines to be tested by an engine manufacturer must be determined by
				  the following method:
1. A minimum of two (2)
				  engines per family provided that no engine fails any standard. For each failing
				  engine, two (2) more engines must be tested until the total number equals
				  ten.
2. For engine families of less
				  than 50 engines (California sales) for the identified model year or for engine
				  manufacturers who make less than or equal to 200 engines (California sales) for
				  that model year, a minimum of one engine per family provided that this engine
				  does not fail any standard. If this engine fails, two (2) more engines shall be
				  tested. For each additional engine failure, the engine manufacturer must
				  continue testing two (2) additional engines until the total number equals
				  eleven.
3. If an engine family was
				  certified using carryover emission data and has been previously tested under
				  paragraph (b)(3)(B) without an ordered recall, then only one engine for that
				  family must be tested. If this engine fails any standard, testing must be
				  conducted as outlined in paragraphs (b)(3)(B), as
				  applicable.
(C) At the
				  discretion of the Executive Officer, an engine manufacturer may test more
				  engines than the minimums described in paragraph (b)(3)(B) or may concede
				  failure before testing a total of ten engines.
(D) The Executive Officer will consider
				  failure rates, average emission levels and the existence of any defects among
				  other factors in determining whether to pursue remedial action under this
				  subsection. The Executive Officer may request an ordered recall pursuant to
				  paragraph (e)(2)
(E) The Executive
				  Officer may approve an alternative to engine manufacturer in-use testing where:
1. engine family production in California is
				  less than or equal to 20 per year; or
2. engines cannot be obtained for testing
				  because they are used substantially in watercraft that are not conducive to
				  engine removal such as large watercraft where the engine cannot be removed
				  without dismantling either the engine or the watercraft; or
3. other compelling circumstances associated
				  with the structure of the industry and uniqueness of spark-ignition marine
				  engine applications. Such alternatives shall be designed to determine whether
				  the engine family is in compliance in-use.
(F) Collection of In-Use Engines. The engine
				  manufacturer shall procure in-use engines that have been operated between half
				  and three-quarters of the engine's useful life. For purposes of paragraph (b)
				  only, "useful life" means ten (10) years or 350 hours of operation for outboard
				  engines and five (5) years or 350 hours of operation for personal watercraft
				  engines. The engine manufacturer may test engines from more than one model year
				  in a given year. The engine manufacturer shall begin testing within twelve (12)
				  months after receiving notice that the Executive Officer has identified a
				  particular engine family for testing and shall complete testing within twelve
				  months from the start of such testing. Test engines may be procured from
				  sources associated with the engine manufacturer (i.e., manufacturer-established
				  fleet engines, etc.) or from sources not associated with the engine
				  manufacturer (i.e., consumer-owned engines, independently-owned fleet engines,
				  etc.).
(G) Maintenance, Procurement
				  and Testing of In-Use Engines.
1. A test
				  engine must have a maintenance and use history representative of actual in-use
				  conditions.
a. The engine manufacturer must
				  obtain information from the end users regarding the accumulated usage,
				  maintenance, operating conditions and storage of the test engines.
b. Documents used in the procurement process
				  must be maintained as required by section
				  30 of the Test
				  Procedures.
2. The engine
				  manufacturer may perform minimal "set-to-specification" maintenance on
				  components of a test engine that are not subject to parameter adjustment.
				  Maintenance may include only that which is listed in the owner's manual for
				  engines with the amount of service and age of the acquired test engine.
				  Documentation shall be maintained and retained as required by section
				  30 of the Test
				  Procedures.
3. At least one valid
				  emission test, performed according to the test procedures outlined in Part IV
				  of the Test Procedures is required for each in-use engine.
4. The Executive Officer may waive portions
				  or requirements of the test procedures, if any, that are not necessary to
				  determine in-use compliance.
5. If
				  a selected in-use engine fails to comply with any applicable emission standard,
				  the engine manufacturer must determine the reason for noncompliance. The engine
				  manufacturer must report all such reasons of noncompliance within fifteen days
				  of completion of testing.