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 2438 - In-Use Compliance Program

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) This section
				  applies to new 2004 and later model year off-road large spark-ignition engines
				  with engine displacement greater than 1.0 liter.
(b) Manufacturer In-Use Testing Program.
Standards and Test Procedures. The emission standards,
					 exhaust sampling and analytical procedures are those described in the Test
					 Procedures, and are applicable to engines tested only for exhaust emissions. An
					 engine is in compliance with these standards and test procedures only when all
					 portions of these in-use test procedures and specified requirements from the
					 Test Procedures are fulfilled, except that any adjustable engine parameters
					 must be set to the nominal value or position as indicated on the engine
					 label.
(1) Within a manufacturer's
				  model-year engine production period, the ARB will identify those engine
				  families, and the specific configurations within an engine family, that the
				  manufacturer must subject to in-use testing as described below. For each model
				  year, ARB may identify a number of engine families that is no greater than 25
				  percent of the number of engine families to which this article is applicable.
				  For those manufacturers producing three or less engine families in a model
				  year, ARB may designate a maximum of one engine family per model year for
				  in-use testing.
(2) For each engine
				  family identified by ARB, engine manufacturers must perform emission testing of
				  an appropriate sample of in-use engines from each engine family. Manufacturers
				  must submit data from this in-use testing to ARB.
(3) An engine manufacturer must test in-use
				  engines from each engine family identified by ARB. All engines selected by the
				  manufacturer for testing must be identified by the manufacturer, and a list of
				  the selected engines must be submitted to the Executive Officer, prior to the
				  onset of testing. Engines to be tested must have accumulated a minimum of 0.50
				  (50 percent) of the family's certified useful life period. The number of
				  engines to be tested by a manufacturer will be determined by the following
				  method:
(A) a minimum of four engines per
				  family, provided that no engine fails any emission standard. For each
				  exceedance, two additional engines must be tested until the total number of
				  engines equals ten.
(B) For engine
				  families of less than 500 engines (national production) for the identified
				  model year or for engine manufacturers who make less than or equal to 2,000
				  engines nationally for that model year, a minimum of two (2) engines per family
				  provided that no engine fails any emission standard. For each failing engine,
				  two more engines shall be tested until the total number of engines equals ten
				  (10).
(C) If an engine family was
				  certified using carryover emission data and has been previously tested under
				  paragraphs (b)(3)(A) or (b)(3)(B) of this section (and a recall for that family
				  has not occurred), then only one engine for that family must be tested. If that
				  one engine fails any emission standard, testing must be conducted as outlined
				  in subsections (b)(3)(A) or (b)(3)(B), whichever is
				  appropriate.
(4) The
				  Executive Officer may approve an alternative to manufacturer in-use testing,
				  where:
(A) Engine family production is less
				  than or equal to 200 per year, nationally;
(B) Engines cannot be obtained for testing
				  because they are used substantially in vehicles or equipment that are not
				  conducive to engine removal such as large vehicles or equipment from which the
				  engine cannot be removed without dismantling either the engine, vehicle, or
				  equipment; or
(C) Other compelling
				  circumstances associated with the structure of the industry and uniqueness of
				  engine applications. Such alternatives shall be designed to determine whether
				  the engine family is in compliance.
(5) The engine manufacturer shall procure
				  in-use engines which have been operated between 0.50 and 1.0 times the
				  certified engine's useful life period. The engine manufacturer may test engines
				  from more than one model year in a given year. The manufacturer shall submit a
				  plan for testing within twelve calendar months after receiving notice that ARB
				  has identified a particular engine family for testing and shall complete
				  testing of such engine family within 24 calendar months from the date of
				  approval of the plan by ARB. 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 manufacturer (i.e.,
				  consumer-owned engines, independently owned fleet engines,
				  etc.).