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 - Off-Road Compression-Ignition Engines and Equipment › Section 2427 - Production Engine Testing, Selection, Evaluation, and Enforcement Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
Compliance Test Procedures.
(1) These procedures are applicable to, the
				  1996-1999 model year heavy-duty off-road compression-ignition engine family
				  groups (as defined in Sections
				  3 and
				  11 of the 1996-1999 Heavy-Duty
				  Test Procedures) or any subgroups within an engine family group selected for
				  compliance testing pursuant to this section.
(2) The Executive Officer may, with respect
				  to any new engine family group 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 a reasonable number of
				  engines, and may direct that the engines be delivered to the state board at the
				  Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where
				  specified by the Executive Officer. The Executive Officer may also, with
				  respect to any new engine family group or subgroup being sold, offered for
				  sale, or manufactured for sale in California, have a manufacturer compliance
				  test and/or inspect a reasonable number of engines at the manufacturer's
				  facility under the supervision of an ARB Enforcement Officer. Engines shall be
				  representatively selected from sources specified by the Executive Officer
				  according to a method approved by him/her, which insofar as practical shall
				  exclude engines which would result in an unreasonable disruption of the
				  manufacturer's distribution system. To the extent practical, the Executive
				  Officer shall test a representative configuration (as defined in the 1996-1999
				  Heavy-Duty Test Procedures) from the engine family group in order to minimize
				  manufacturers' expense and inconvenience in testing different engine
				  configurations.
A subgroup of an engine family group may be selected for
					 compliance testing only if the Executive Officer has reason to believe that the
					 emissions characteristics of that subgroup are substantially in excess of the
					 emissions of the engine family group as a whole.
(3) For all 1996-1999 heavy-duty off-road
				  compression-ignition engines selected for compliance testing, the selection and
				  testing of engines and the evaluation of data shall be made in accordance with
				  the procedures set forth herein.
(4) For manufacturers that have more than one
				  engine family group, the Air Resources Board or its designated laboratory shall
				  procure and test at the manufacturer's expense no more than one engine family
				  group per year, if compliance testing is required.
Notwithstanding the above, if a manufacturer fails to
					 demonstrate compliance with the emission standards after one engine family
					 group has been tested, the ARB or its designated laboratory may test additional
					 engine family groups at the manufacturer's expense, until compliance is
					 demonstrated on one engine family group or all of a manufacturer's engine
					 family groups have been tested. However, the ARB may conduct engine enforcement
					 testing pursuant to the engine test procedures specified in Section
					 2423, at its own expense. In such
					 an instance, the Executive Officer shall order testing only in those cases
					 where evidence such as quality audit test data or in-use test data indicate
					 that engines may not be in compliance.
(5) All testing shall be conducted in
				  accordance with the applicable model year certification emission test
				  procedures. Break-in before testing may be performed on test engines to the
				  same extent it is performed on assembly-line quality audit testing engines (See
				  Subsection (b)). 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
				  shall not be unreasonably withheld where such adjustment or alteration is
				  required to render the engine testable and reasonably operative.
(6) If the manufacturer elects to specify a
				  different break-in or adjustments, they will be performed by the manufacturer
				  under the supervision of ARB personnel.
(7) Correction of damage or maladjustment
				  which may reasonably be found to have resulted from shipment of the engine is
				  permitted only after testing the engine, except where 100 percent of the
				  manufacturer's production is given that inspection or maintenance by the
				  manufacturer's own personnel. Exceptions are allowed in the cases where the
				  damage results in the engine being unsafe to operate, inoperable, or unable to
				  complete the emission test. Additionally, an exception is allowed if the damage
				  results in engine performance deficiencies which would be obvious in customer
				  service and which would cause the customer to seek repair of the engine. The
				  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.
(8) Engines shall be
				  representatively chosen from the selected engine family group or subgroup.
				  Manufacturers shall indicate which sampling plan (as described in paragraphs
				  (9) and (10), below) they prefer to use prior to the start of testing. Once
				  testing has begun, manufacturers may not switch to the other sampling plan; the
				  generated test results will be final. Each chosen engine shall be tested
				  according to the 1996-1999 Heavy-Duty Test Procedures 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
				  applicable test procedures shall be supplied by the manufacturer within seven
				  days after request. Failure to supply this unique specialty hardware or
				  personnel may not be used by the manufacturer as a cause for invalidation of
				  the subsequent tests.
(9)
Primary Sampling Plan.
(A)
				  Engines shall be tested in groups of five until a "Pass" or "Fail" decision is
				  reached for each pollutant independently for the engine family group or
				  subgroup in accordance with the following table:
Number of Engines
							 Tested
Decide "Fail" If "U" is greater than or equal
							 to
Decide "Pass" If "U" is less than or equal
							 to
5
2.18
-0.13
10
2.11
0.51
15
2.18
0.88
20
2.29
1.16
where:
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					 here to view image
xi=the projected emissions of one
					 pollutant for the
i
th engine tested.
Î¼o=the applicable
					 model year emission standard for that pollutant.
n=the number of engines tested.
(B) The Executive Officer shall find that a
				  group of engines has failed the compliance testing pursuant to the above table
				  if he or she finds that the average emissions of the engines within the
				  selected engine family group or subgroup exceed the applicable model year new
				  engine emission standard for at least one pollutant.
(C) If no decision can be reached after 20
				  engines have been tested, the Executive Officer shall not make a "Fail"
				  decision for the selected engine family group or subgroup on the basis of these
				  20 tests alone. Under these circumstances the Executive Officer shall elect to
				  test 10 additional engines. If the average emissions from the 30 engines tested
				  exceed any one of the exhaust emission standards for which a "Pass" decision
				  has not been previously made, the Executive Officer shall render a "Fail"
				  decision.
(10)
Alternate Sampling Plan for Low Volume Engine Family Groups.
Any manufacturer subject to new engine compliance testing
					 on an engine family group with a sales volume of less than 2000 engines per
					 year may use the alternative sampling and testing schedule below.
Number of Engines
							 Tested
Decide "Fail" If number of failed
							 engines is greater than or equal
							 to
Decide "Pass" If number of failed
							 engines is less than or equal to
1
No Failure Decision
No Passing
							 Decision
2
No Failure Decision
0
3
3
0
4
4
1
5
4
1
6
5
2
7
5
2
8
6
3
9
6
4
10
6
5
(11) If the Executive Officer determines, in
				  accordance with the procedures set forth herein, that an engine family group,
				  engine family, or any subgroup within an engine family exceeds the emission
				  standards for one or more pollutants, the manufacturer may be subject to being
				  enjoined from any further sales of such products in the State of California
				  pursuant to Section
				  43017
				  of the Health and Safety Code. Prior to seeking to enjoin a manufacturer, the
				  Executive Officer shall consider quality audit test results, if any, and any
				  additional test data or any other information provided by the
				  manufacturers.
(12) Engines
				  selected for inspection shall be checked to verify the presence of those
				  emissions-related components specified in the 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 shall notify
				  the manufacturer and may seek to enjoin the manufacturer from any further sales
				  of such products in the State of California pursuant to Section
				  43017
				  of the Health and Safety Code. Prior to seeking to enjoin a manufacturer, the
				  Executive Officer shall consider any information provided by the
				  manufacturer.