California Code of Regulations › Title 13 - Motor Vehicles › Division 3 - Air Resources Board › Chapter 9 - Off-Road Vehicles and Engines Pollution Control Devices › Article 4.5 - Off-Road Large Spark-Ignition Engines › Section 2437 - New Engine Compliance and Production Line Testing - New off-Road Large Spark-Ignition Engines Selection, Evaluation, and Enforcement Action

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Compliance Test
				  Procedures
(1) These procedures apply,
				  commencing with the 2001 model year, to any large off-road spark-ignition
				  engine family group (as defined in Sections
				  2 and
				  11 of the "California Exhaust
				  Emission Standards and Test Procedures for New 2001 and Later Off-Road Large
				  Spark-ignition Engines") or any subgroup within an engine family group selected
				  for compliance testing pursuant to this section, with an engine displacement
				  greater than 1.0 liter, that have been certified to the applicable emission
				  standards pursuant to Section
				  2433(b). 2002 and
				  later model year large off-road spark-ignition engines with engine displacement
				  less than or equal to 1.0 liter must comply with the new engine compliance test
				  procedures set forth in the California Code of Regulations, Title 13, Section
				  2407.
(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 must be
				  representatively selected from sources specified by the Executive Officer
				  according to a method approved by him/her, that insofar as practical must
				  exclude engines that would result in an unreasonable disruption of the
				  manufacturer's distribution system. To the extent practical, the Executive
				  Officer must test a representative configuration (as defined in Section
				  3 of the "California Exhaust
				  Emission Standards and Test Procedures for New 2001 and Later Off-Road Large
				  Spark-ignition Engines") 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 2001 and subsequent model year
				  off-road large spark-ignition 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.
(4) For manufacturers that have more than one
				  engine family group, the Air Resources Board or its designated laboratory may
				  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
					 2433, at its own expense. In such
					 an instance, the Executive Officer must order testing only in those cases where
					 evidence such as production line test data or in-use test data indicate that
					 engines may not be in compliance.
(5) All testing must 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 production-line 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 must 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
				  that 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 that would be obvious in customer
				  service and that 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 must be
				  randomly chosen from the selected engine family group or subgroup. Prior to the
				  start of testing, manufacturers must indicate that sampling plan (as described
				  in paragraphs (9) and (10), below) they will use. Once testing has begun,
				  manufacturers may not switch to the other sampling plan; the generated test
				  results will be final. Each chosen engine must be tested according to the
				  "California Exhaust Emission Standards and Test Procedures for New 2001 and
				  Later Off-Road Large Spark-ignition Engines" ("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 Test
				  Procedures must 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) Engines must be tested
				  in groups of five until a "Pass" or Fail" decision is reached for each
				  pollutant independently for the engine family 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
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					 here to view image
where:
xi
=
the
							 projected emissions of one pollutant for the ith engine tested.
µo
=
the
							 applicable calendar year emission standard for that pollutant.
n
=
the number of engines
							 tested.
(10) The Executive Officer will find that a
				  group of engines has failed the compliance testing pursuant to the above table
				  if the Executive Officer finds that the average emissions of the engines within
				  the selected engine family or subgroup exceed the applicable calendar year new
				  engine emission standard for at least one pollutant.
(11) If no decision for a pollutant or
				  pollutants can be reached after 20 engines have been tested, the Executive
				  Officer will not make a "Fail" decision for the selected engine family or
				  subgroup on the basis of these 20 tests alone. Under these circumstances the
				  Executive Officer will 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 will render a "Fail" decision.
(12) 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 manufacturer and other interested
				  parties. In addition, the engine manufacturer may be subject to, on a per
				  engine basis, any and all remedies available under Part 5, Division 26 of the
				  Health and Safety Code, sections
				  43000
				  et seq.
(B) Notify the equipment
				  manufacturer that the equipment 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 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. In addition, the equipment manufacturer may be subject to,
				  on a per engine basis, any and all remedies available under Part 5, Division 26
				  of the Health and Safety Code, sections
				  43000
				  et seq.
(13) 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. In addition,
				  the engine manufacturer may be subject to, on a per engine basis, any and all
				  remedies available under Part 5, Division 26 of the Health and Safety Code,
				  sections
				  43000
				  et seq.
(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. Prior to 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. In addition, the equipment manufacturer may be
				  subject to, on a per engine basis, any and all remedies available under Part 5,
				  Division 26 of the Health and Safety Code, sections
				  43000
				  et seq.