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s 2315. Determination of Violations
(a) Violations of section 2302.
At any time that an owner/lessor fails to have equipped the number of retail gasoline outlets required by section 2302 to be equipped to be a retail clean fuel outlet for a designated clean fuel, the owner/lessor shall be deemed to have sold or supplied gasoline to motor vehicles in violation of these regulations. For each day that the owner/lessor violates section 2302, the first ten motor vehicles fueled at one of the owner/lessor's retail gasoline outlets shall be deemed to have been unlawfully fueled for each retail gasoline outlet not equipped as required. If an owner/lessor claims to comply with the requirements of section 2302 on the basis of retail clean fuel outlets constructively allocated pursuant to section 2308, such facilities shall not satisfy the owner/lessor's obligations if the requirements in section 2308 for constructive allocation are not met.
(b) Violations of section 2309(b).
Whenever the owner/lessor of a selected retail clean fuel outlet violates section 2309(b) with respect to the outlet, the gasoline sold or supplied by the owner/lessor in violation of these regulations. For each day that the owner/lessor violates section 2309(b) with respect to a selected retail clean fuel outlet, the first five motor vehicles fueled that day at the outlet with gasoline shall be deemed to have been unlawfully fueled by the owner/lessor.
(c) Violations of section 2310.
Whenever the operator of a selected retail clean fuel outlet violates section 2310 with respect to the outlet, the gasoline sold or supplied at the outlet shall be deemed to have been sold or supplied by the operator violates section 2310, the first five motor vehicles fueled that day with gasoline at the outlet shall be deemed to have been unlawfully fueled by the operator.
Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and estern Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
s 2316. Determinations of Energy Equivalency of Fuels.
Whenever implementation of this chapter requires values for the energy contents of fuels, the lower heating values in the following table shall be used.
Volumetric Energy Contents
Fuel BTUs per gallon
________________________________
Gasoline 116,500
LPG 91,500
Methanol (M100) 56,500
M85 65,000
Ethanol (E100) 75,700
E85 81,800
CNG 1000 BTU/scf
Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; andAuthority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
s 2317. Satisfaction of Designated Clean Fuel Requirements with a Substitute Fuel.
(a) Any person may petition the state board to designate by regulation a substitute fuel which may be used instead of a primary designated clean fuel to satisfy any requirements in this chapter pertaining to a designated clean fuel. The state board shall designate such a substitute fuel if it is satisfied that the petitioner has demonstrated all of the following:
(1) That use of the fuel in low-emission vehicles certified on the primary designated clean fuel will result in emissions of NMOG (on a reactivity-adjusted basis), NOx, and CO no greater than the corresponding emissions from such vehicles fueled with the primary designated clean fuel, as determined pursuant to the procedures set forth in the "California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels," as adopted November 2, 1993, which is incorporated herein by reference.
(2) That use of the fuel in low-emission vehicles certified on the primary designated clean fuel will result in potential health risks from exposure to benzene, 1,3-butadiene, formaldehyde, and acetadehyde in the aggregate no greater than the corresponding potential health risks for such vehicles fueled with the primary designated clean fuel, as determined pursuant to the procedures set forth in the "California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels," as adopted November 2, 1993, which is incorporated herein by reference.
(3) That if the proposed substitute fuel may be used to fuel any motor vehicle other than low-emission vehicles certified on the primary designated clean fuel:
(A) Use of the substitute fuel in such other motor vehicles would not increase emissions of NMOG (on a reactivity-adjusted basis), NOx, and CO as determined pursuant to the procedures set forth in the "California Test Procedure for Evaluating the Emission Impacts of Substitute Fuels or New Clean Fuels," as adopted November 2, 1993, which is incorporated herein by reference; and
(B) Use of the substitute fuel in such other motor vehicles would result in potential health risks from exposure to benzene, 1,3-butadiene, formaldehyde, and acetadehyde in the aggregate no greater than the corresponding potential health risk from the emissions from such vehicles when operating on their customary fuel, as determined pursuant to the procedures set forth in the "California Test Procedure for Evaluating the Emission Impacts of Substitute Fuels or New Clean Fuels," as adopted November 2, 1993, which is incorporated herein by reference; and
(C) Use of the substitute fuel in such other motor vehicles would not result in increased deterioration of the emission control system on the vehicle and would not void the warranties of any such vehicles.
(b) Whenever the state board designates a substitute fuel pursuant to this section, the state board shall also establish by regulation required specifications for the substitute fuel.
(c) Commencing with the effective date of a regulatory action of the state board designating a substitute fuel pursuant to this section, any person may satisfy his or her obligations under this chapter pertaining to a primary designated clean fuel, in whole or in part, by substituting the substitute fuel in place of the primary designated clean fuel.
Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
s 2318. Sunset for Particular Designated Clean Fuels.
This Chapter 8, shall cease to apply to a particular designated clean fuel once the number of retail clean fuel outlets offering the designated clean fuel represent at least ten percent of all retail gasoline outlets.
Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).
s 2330. Applicability.
This subchapter shall be applicable to any air pollution control or air quality management district which adopts or amends a rule or regulation which establishes employer-based trip reduction requirements.
s 2331. Definitions.
The following definitions shall apply to this subchapter:
(a) "AVR Base" is the average vehicle ridership based on the most recent survey of employees at the site or an average value provided by the air district. Employers shall have the option to choose either value.
(b) "AVR Goal" is the average vehicle ridership goal for a given year provided by the air district or implementing agency.
(c) "Annual Commute Emission Factor" is the annual emission factor, expressed in pounds per year, for a given year and pollutant based on a typical commute vehicle fleet, peak period speed distributions and temperatures, and average commute trip lengths for a given area.
s 2332. Emissions Formula.
(a) Air pollution control districts and air quality management districts shall use the following emissions formula, or an algebraic expression of the formula which produces the same mathematical results, to determine employer-based emissions reduction goals equivalent to employer-based trip reduction goals:
(b) The state board shall provide the districts with district-specific annual commute emission factors to be used in the emissions formula and shall periodically update these factors. The factors shall be in a format that allows for varying trip lengths.
(c) Air districts shall give employers with employment sites in more than one air district the option to use the formula as set forth in subdivision (a) of this section to determine emission reduction goals for any or all of their employment sites.
Note: Authority cited: Sections 39600, 39601, 40717.5(d) and 40916(c), Health and Safety Code. Reference: Sections 40717, 40717.1, 40717.5, 40916, 40918, 40919, 40920 and 40920.5, Health and Safety Code.
s 2400. Applicability.
(a)(1) This article applies to small off-road engines produced on or after January 1, 1995 and any equipment produced on or after January 1, 1995 that uses such engines.
(2) Every new small off-road engine that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into California for introduction into commerce, and that is subject to any of the standards prescribed in this article must be covered by an Executive Order, issued pursuant to this article.
(3) This article does not apply to compression-ignition engines, as defined in Section 2421, below 25 horsepower, produced during the 2000 and later model years or any equipment that uses such engines produced during the 2000 and later model years.
(4) This article may apply to zero-emission small off-road equipment.
(b) Each part of this article is severable, and in the event that any part of this article is held to be invalid, the remainder of this article remains in full force and effect.
(c)(1) For purposes of this article, military tactical vehicles or equipment means vehicles or equipment owned by the U.S. Department of Defense and/or the U.S. military services and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations.
(2) This article shall not apply to engines used in off-road military tactical vehicles or equipment which have been exempted from regulations under the federal national security exemption, 40 CFR, subpart J, section 90.908. It shall also not apply to those vehicles and equipment covered by the definition of military tactical vehicle that are commercially available and for which a federal certificate of conformity has been issued under 40 CFR Part 90, subpart B.
(3) On January 1, 1997, the U.S. Department of Defense shall submit to the ARB a list of all vehicle and equipment types that are exempted under the above provisions and which are located in the State of California. If any additional vehicle and equipment types are added to the list during the previous 12 months, the U.S. Department of Defense shall update the list and submit it to the ARB by January 1 of the following year.
NOTE: Information regarding authorization to adopt regulations that are included in this chapter for nonpreempted nonroad vehicles or engines pursuant to section 209(e) of the federal Clean Air Act (42 U.S.C. 7543(e) may be obtained from the Air Resources Board at 9528 Telstar Avenue, El Monte, California 91731.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.
s 2401. Definitions.
(a) The definitions in Section 1900 (b), Chapter 1, Title 13 of the California Code of Regulations, apply with the following additions:
(1) "ARB Enforcement Officer" means any officer or employee of the Air Resources Board so designated in writing by the Executive Officer or by the Executive Officer's designee.
(2) "Assembly-line tests" are those tests or inspections that are performed on or at the end of the assembly-line.
(3) "Averaging" means the exchange of emission credits among engine families within a given manufacturer's product line.
(4) "Banking" means the retention of small off-road engine emission credits by the manufacturer generating the emission credits for use in future model year averaging or trading as permitted by these regulations.
(5) "Basic engine" means an engine manufacturer's unique combination of engine displacement, number of cylinders, fuel system, emission control system and other engine and emission control system characteristics specified by the Executive Officer.
(6) "Calendar year" is the twelve month period commencing on January 1 through December 31.
(7) "Certification emission reduction credits" means the amount of emission reduction or exceedance, by an engine family, below or above the applicable HC+NO x (or NMHC+NO x, as applicable) or Particulate Matter emission standard, respectively. Family emission levels (FEL) below the standard create "positive credits," while FELs above the standard create "negative credits." Some or all of these credits may be revoked if the Executive Officer's review of the end-of-year reports or any subsequent audit action(s) reveals problems or errors of any nature with credit computations.
(A) "Projected credits" refer to emission credits based on the projected applicable production/sales volume of the engine family.
(B) "Reserved credits" are emission credits generated within a model year available for reporting to the Executive Officer at the end of the model year.
(C) "Actual credits" refer to emission credits based on California's share, determined by market analysis, of actual federal production/sales volume as contained in the end-of-year reports submitted to the Executive Officer.
(8) "Certification value" means the product of the measured emissions of the prototype engine at zero hours and the (calculated or assigned) deterioration factor.
(9) "Blue Sky Series engine" means a small off-road engine meeting the requirements of Section 2403(b)(2)(A).
(10) "Complete engine assembly" or "Engine configuration" means an assembly of a basic engine and all of the specific applicable components (e.g., air inlet, fuel and exhaust systems, etc.) and calibrations (e.g., carburetor jet size, valve timing, etc.) required for the assembly to be installed into a new unit of equipment.
(11) "Crankcase emissions" means airborne substances emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system.
(12) "Deterioration factor" means the calculated or assigned number that represents the certification engine's emissions change over the durability period. It is multiplied by zero hour (new) engine test results to determine the engine family compliance level. The deterioration factor is determined as per Part II, Section 3 of the 1995-2004 Test Procedures and Subpart B, Section 90.104 of the 2005 and Later Test Procedures. See "Emissions Durability Period," below.
(13) "Emission control system" includes any component, group of components, or engine modification that controls or causes the reduction of substances emitted from an engine.
(14) "Emissions durability period" is the period that represents an engine's useful life. The emissions durability period is selected from the choices listed in Part II, Section 1 of the 1995-2004 Test Procedures and Subpart B, Section 90.104 of the 2005 and Later Test Procedures. The durability periods are also noted in the table in section 2403(b). The emissions durability period is used to determine an engine family's deterioration factors and in the calculation of certification and production emission reduction credits.
(15) "Emissions durability values" means emissions from an engine that has accumulated service equivalent to that engine's emissions durability period, or the result of the product of the zero hour (new) engine test results and the appropriate deterioration factor (e.g., the certification values). The Executive Officer must approve the methods of service accumulation before the manufacturer begins service accumulation.
(16) "Emission-related defect" means a defect in design, materials, or workmanship in a device, system, or assembly described in the approved application for certification which affects any applicable parameter, specification, or component enumerated in Appendix A to Article 2.1, Chapter 2, Division 3, Title 13, California Code of Regulations or listed in the Emission Warranty Parts List pursuant to section 2405(d).
(17) "End of assembly-line" is defined as that place where the final inspection test or production line test is performed.
(18) "Engine family" is a subclass of a basic engine based on similar emission characteristics. The engine family is the grouping of engines that is used for the purposes of certification.
(19) "Engine family name" means a multi-character alphanumeric sequence that represents certain specific and general information about an engine family.
(20) "Engine manufacturer" means the manufacturer granted certification.
(21) "Exhaust emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine.
(22) "Extreme nonattainment area" means any area classified as an extreme ozone nonattainment area by the U.S. Environmental Protection Agency pursuant to Section 181(a) of the Clean Air Act, as amended, including Orange County and the portions of Los Angeles, San Bernardino and Riverside Counties described as extreme ozone nonattainment areas in Title 40, section 81.305 of the Code of Federal Regulations.
(23) "Family emission level" or "FEL" means an emission level that is declared by the manufacturer to serve for the averaging, banking, and trading program and in lieu of an emission standard for certification. The FEL serves as the engine family's emission standard for emissions compliance efforts. If the manufacturer does not declare an FEL for an engine family, the applicable emissions standard must be treated as that engine family's FEL for the purposes of any provision of this Article.
(24) "Final calendar quarter production" is defined as the calendar quarter in which the production of an engine family ends.
(25) "First calendar quarter production" is defined as the calendar quarter in which the production of an engine family begins.
(26) "Fuel system" means the combination of any of the following components: fuel tank, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, or all fuel system vents.
(27) "Gross engine malfunction" is defined as one yielding an emission value greater than the sum of the mean plus three (3) times the standard deviation. This definition shall apply only for determination of control limits.
(28) "Horizontal-shaft engine" means any engine that is designed to operate with the axis of the crankshaft in a horizontal position.
(29) "Incomplete engine assembly" means a basic engine assembly that does not include all of the components necessary for designation as a complete engine assembly, and is marketed in order to be a part of, and assembled into, a new unit of equipment that is marketed to ultimate purchasers.
(30) "Model year" means the manufacturer's annual production period that includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year.
(31) "Off-road vehicle" or "Off-road equipment" means any non-stationary device, powered by an internal combustion engine or motor, used primarily off the highways to propel, move, or draw persons or property including any device propelled, moved, or drawn exclusively by human power, and used in, but not limited to, any of the following applications: Marine Vessels, Construction/Farm Equipment, Locomotives, Small Off-Road Engines, Off-Road Motorcycles, and Off-Highway Recreational Vehicles.
(32) "Point of first retail sale" means the point that the engine is first sold directly to the ultimate purchaser. Generally, this point is the retail engine or equipment dealer. If the engine is sold first to an equipment manufacturer for installation in a piece of equipment, the equipment manufacturer is the point of first retail sale if the equipment manufacturer cannot demonstrate to a reasonable certainty that the engine will be exported or destined for retail sale outside California.
(33) "Production emission reduction credits" means the amount of emission reduction or exceedance by an engine family below or above, respectively, the applicable FEL to which the engine family is certified. Emission reductions below the standard are considered "positive credits," while emission exceedances above the standard are considered "negative or required credits." (See Section 2409.)
(34) "Production line test" is defined as the emissions test performed on a sample of production engines produced for sale in California and conducted according to the Emissions Standards and Test Procedures specified in Section 2403(b) and (d).
(35) "Sales" or "Eligible sales" means the actual or calculated sales of an engine family in California for the purposes of averaging, banking or trading. Upon Executive Officer approval, an engine manufacturer may calculate its eligible sales through market analysis of actual federal production or sales volume. Actual sales are sales calculated at the end of a model year based on that model year's production, rather than on estimates of production.
(36) "Scheduled maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the engine manufacturer that is performed on a periodic basis to prevent part failure or equipment or engine malfunction, or anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate.
(37) "Small off-road engine" means any engine that produces a gross horsepower less than 25 horsepower (at or below 19 kilowatts for 2005 and later model year), or is designed (e.g., through fuel feed, valve timing, etc.) to produce less than 25 horsepower (at or below 19 kilowatts for 2005 and later model year), that is not used to propel a licensed on-road motor vehicle, an off-road motorcycle, an all-terrain vehicle, a marine vessel, a snowmobile, a model airplane, a model car, or a model boat. If an engine family has models below 25 horsepower (at or below 19 kilowatts) and models at or above 25 horsepower (above 19 kilowatts), only the models under 25 horsepower (at or below 19 kilowatts) would be considered small off-road engines. Uses for small off-road engines include, but are not limited to, applications such as lawn mowers, weed trimmers, chain saws, golf carts, specialty vehicles, generators and pumps. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category. Any compression-ignition engine, as defined in Section 2421, produced during the 2000 and later model years shall not be defined as a small off-road engine.
(38) "Small off-road equipment" means any off-road equipment powered by a small off-road engine, or comparable electric motor or other power source.
(39) "Third-party distributor" is a party that is not an engine or equipment manufacturer, and that engages in wholesale or retail sales of complete or incomplete small off-road engine assemblies.
(40) "Trading" means the exchange of small off-road engine emission credits between manufacturers.
(41) "Ultimate purchaser" means the first person who in good faith purchases a new small off-road engine or equipment using such an engine for purposes other than resale.
(42) "Unscheduled maintenance" means any inspection, adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems that is performed to correct or diagnose a part failure that was not anticipated.
(43) "Vertical-shaft engine" means any engine that is designed to operate with the axis of the crankshaft in a vertical position.
(44) "Warrantable condition" means any condition of an engine that requires the manufacturer to take corrective action pursuant to Section 2405.
(45) "Warranted part" means any emissions-related part installed on an engine by the equipment or engine manufacturer, or installed in a warranty repair, that is listed on the warranty parts list.
(46) "Warranty period" means the period of time that the engine or part is covered by the warranty provisions.
(47) "Warranty station" means a service facility authorized by the equipment or engine manufacturer to perform warranty repairs. This includes all manufacturer distribution centers that are franchised to service the subject equipment or engines.
(48) "Zero-emission small off-road equipment" means any small off-road equipment that produces zero emissions of any criteria pollutant (or precursor pollutant) under any and all possible operational modes and conditions.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 45205.5 and 43210-43212, Health and Safety Code.
s 2402. Test Procedures.
Test procedures referred to in this chapter may be obtained from the California Air Resources Board at 9528 Telstar Avenue, El Monte, California 91731.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.
s 2403. Exhaust Emission Standards and Test Procedures -Small Off-Road Engines.
(a) This section applies to small off-road engines produced on or after January 1, 1995.
(b)(1) Exhaust emissions from small off-road engines manufactured for sale, sold, or offered for sale in California, or that are introduced, delivered or imported into California for introduction into commerce, must not exceed:
Exhaust Emission Standards grams per brake horsepower-hour [grams per kilowatt-
hour]
Hydrocarbon
plus
Calendar Engine Oxides of Carbon Oxides
of
Year Class Nitrogen Hydrocarbon Monoxide Nitrogen Particulate
[FN(1)] [FN(2)] [FN(2)]
1995 I 12.0 - 300 - 0.9 [FN(3)]
II 10.0 - 300 - 0.9 [FN(3)]
III - 220 600 4.0 -
[FN(4)]
IV - 180 600 4.0 -
[FN(4)]
V [FN(4)] - 120 300 4.0 -
1996 to I 12.0 [FN(5)] - 350 - 0.9 [FN(3)]
1999
II 10.0 [FN(5)] - 350 - 0.9 [FN(3)]
III - 220 [FN(5)] 600 4.0 [FN- -
[FN(4)] (5)]
IV - 180 [FN(5)] 600 4.0 [FN- -
[FN(4)] (5)]
V [FN(4)] - 120 [FN(5)] 300 4.0 [FN- -
(5)]
Exhaust Emission Standards for Spark-Ignition Engines grams per brake
horsepower-hour [grams per kilowatt-hour]
Hydrocarbon
Durability plus Oxides Carbon
of
Model Year Engine Class Periods Nitrogen Monoxide Particulate
(hours) [FN(2)]
2000-2001 50/125/300 54 400 1.5 [FN(4)]
[FN(5)]
0-65 cc, inclusive [72] [536] [2.0]
N/A 12.0 350
>65 cc - <225 cc [16.1] [467]
N/A 10.0 350
>225 cc [13.4] [467]
2002-2004 50/125/300 54 400 1.5 [FN(4)]
[FN(5)]
0-65 cc, inclusive [72] [536] [2.0]
>65 cc - <225 cc 125/250/500 12.0 410
Horizontal-Shaft [16.1] [549]
Engine
>65 cc - <225 cc NA 12.0 350
Vertical-Shaft [16.1] [467]
Engine
125/250/500 9.0 410
>225 cc [12.0] [549]
Exhaust Emission Standards for Spark-Ignition Engines grams per kilowatt-hour
Durability Hydrocarbon Carbon
Periods plus Oxides
Model Year Displacement (hours) of Nitrogen Monoxide Particulate
Category [FN(2)(6)]
2005 and <50cc 50/125/300 50 536 2.0 [FN(4)]
subsequent
50-80 cc, 50/125/300 72 536 2.0 [FN(4)]
inclusive
2005 >80 cc - <225cc 125/250/500 16.1 549
Horizontal-shaft
Engine
>80 cc - <225cc NA 16.1 467
Vertical-shaft
Engine
>225 cc 125/250/500 12.1 549
2006 >80 cc -<225 cc 125/250/500 16.1 549
>225 cc 125/250/500 12.1 549
2007 >80 cc - <225 cc 125/250/500 10.0 549
>225 cc 125/250/500 12.1 549
2008 and >80 cc - <225cc 125/250/500 10.0 549
subsequent >225 cc 125/250/500- 8.0 549
/1000
___________
[FN1] "Class I" means small off-road engines greater than 65 cc to less than 225 cc in displacement.
"Class II" means small off-road engines greater than or equal to 225 cc in displacement.
"Class III" means small off-road engines less than 20 cc in displacement.
"Class IV" means small off-road engines 20 cc to less than 50 cc in displacement.
"Class V" means small off-road engines greater than or equal to 50 cc to 65 cc in displacement.
[FN2] The Executive Officer may allow gaseous-fueled (i.e., propane, natural gas) engine families, that satisfy the requirements of the regulations, to certify to either the hydrocarbon plus oxides of nitrogen or hydrocarbon emission standard, as applicable, on the basis of the non-methane hydrocarbon (NMHC) portion of the total hydrocarbon emissions.
[FN3] Applicable to all diesel-cycle engines.
[FN4] Applicable to all two-stroke engines.
[FN5] Engines used exclusively in snowthrowers and ice augers need not certify to or comply with the HC and NOxstandards or the crankcase requirements at the option of the manufacturer.
[FN6] Engines used exclusively to power products which are used exclusively in wintertime, such as snowthrowers and ice augers, at the option of the engine manufacturer, need not certify to or comply with standards regulating emissions of HC+NOxor NMHC+NOx, as applicable. If the manufacturer exercises the option to certify to standards regulating such emissions, such engines must meet such standards. If the engine is to be used in any equipment or vehicle other than an exclusively wintertime product such as a snowthrower or ice auger, it must be certified to the applicable standard regulating emissions of HC+NOxor NMHC+NOxas applicable.
(2) Low-emitting Blue Sky Series engine requirements.
Voluntary standards. Engines may be designated "Blue Sky Series" engines by meeting:
(A) All applicable requirements of this Article, and
(B) The following voluntary exhaust emission standards, which apply to all certification and compliance testing. Blue Sky Series engines shall not be included in the averaging, banking, and trading program. Zero-emission small off-road equipment may certify to the Blue Sky Series emission standards. Manufacturers of zero-emission small off-road equipment are not required to perform emissions testing, but must file an application of certification and comply with the administrative requirements outlined in the 2005 and Later Test Procedures to certify their equipment for sale in California.
Voluntary Emission Standards (grams per kilowatt-hour)
Hydrocarbon
plus
Model Year Displacement Oxides of Carbon Particulate*
Category Nitrogen Monoxide
2005 and subsequent <50 cc 25 536 2.0
50-80 cc, 36 536 2.0
inclusive
2007 and subsequent >80 cc - <225 cc 5.0 549
2008 and subsequent >225 cc 4.0 549
_____________
* Applicable to all two-stroke engines
(3) Evaporative emission requirements for small off-road engines are specified in Title 13, Chapter 15, Article 1.
(c)(1) For the 2000 through 2006 model years, manufacturers of small spark-ignited off-road engines between 65 and 225 cc displacement that are manufactured for sale, offered for sale, or sold in any extreme non-attainment area, or introduced, delivered or imported into any such extreme non-attainment area for sale to an ultimate purchaser in an extreme non-attainment area, and that are produced by manufacturers who produce more than 40,000 engines per year between 65 and 225 cc for sale in such areas (based on data for engines produced for sale in such areas in model year 1998), must meet the additional requirements of this subsection and achieve the additional emission reductions in subparagraph (3).
(2) No later than May 1, 1999, each manufacturer subject to this subsection shall submit a plan to achieve additional emission reductions. The plan shall include the following:
(A) An identification of the specific measures from subparagraph (4) that the manufacturer intends to implement in the extreme nonattainment areas, including but not limited to identification of engine families that in model years 2000 and 2001 will meet the exhaust emissions reduction requirements of subsection (b) for 2002 and subsequent model years prior to required implementation, and the projected sales volumes of such engine families in the extreme nonattainment areas;
(B) Data documenting the emissions performance of engines included in the plan when operated on fuels meeting the requirements of Chapter 5, Article 1, subarticle 2 of this Title applicable in the extreme nonattainment areas; and
(C) A description of the provisions made by the manufacturer to assure that all engines offered for sale or sold in the extreme nonattainment areas (or introduced, delivered or imported into the extreme nonattainment areas for sale to an ultimate purchaser in that area) will meet the requirements of the plan, including but not limited to a description of the methods to be used to determine actual sales of engines in the extreme nonattainment areas; provided, that in the case of manufacturers that maintain data on actual or projected Statewide engine sales, the Executive Officer may approve provisions that demonstrate compliance with the plan on a Statewide basis.
(3) The plans submitted under this subsection shall in the aggregate provide for emissions reductions and controls by or from the group of engines produced by the submitting manufacturers that are equal to or greater than the difference between: 1) reductions that would have been achieved in the extreme nonattainment areas in calendar years 2000, 2001, 2005 and 2010 by all manufacturers of engines greater than 65 cc displacement that would have met the emissions reduction requirements proposed in the staff report contained in Mail-Out MSC-98-02 released February 6, 1998; and 2) those same engines meeting the requirements of subsection (b). The Executive Officer shall determine whether a plan meets this requirement based on the estimated model year 1998 sales in the extreme nonattainment areas available at time of plan submission by manufacturers covered by this subsection, and using a proportional allocation between such manufacturers based upon such estimated sales.
(4) The manufacturer's plan shall achieve additional emission reductions or controls through one or more of the following measures:
(A) The certification and introduction of engines greater than 65 cc meeting the standards in subsection (b) before the applicable model year;
(B) The voluntary certification of engines not subject to emission reductions requirements of the ARB due to preemption under section 222 of U.S. Public Law No. 101-549. A manufacturer choosing voluntarily to certify an engine shall also certify that it will honor all compliance and warranty requirements set forth in the provisions of this Title for that engine;
(C) The certification of engines to Family Emission Levels below the standards in subsection (b), or of engines that otherwise generate emissions credits under section 2408 of this Article and that are not used for any other purpose;
(D) The certification of engines to useful life periods longer than the maximum requirements set forth in subsection (b);
(E) The introduction of engines that achieve in-use reductions in engine evaporative emissions demonstrated by procedures acceptable to the Executive Officer;
(F) The use of emission credits generated by the manufacturer pursuant to section 2409 of this Article and that are not used for any other purpose; and
(G) Other measures approved in advance by the Executive Officer.
(5) The plan shall also demonstrate that at least 60 percent of engines greater than 65 cc sold in extreme nonattainment areas comply in model years 2000 and 2001 with the standards in subsection (b) applicable to the 2006 model year. The percentage shall be calculated based on the total projected sales by all manufacturers of engines greater than 65 cc in the extreme nonattainment areas in those model years, and shall be proportionally allocated between the manufacturers subject to this subsection.
(6) The provisions of this subsection are not applicable to engines offered for sale or sold outside an extreme nonattainment area, or introduced, delivered or imported into an extreme nonattainment area for sale to an ultimate purchaser outside an extreme nonattainment area.
(7) The Executive Officer shall determine if a plan timely submitted under this subsection meets the requirements of this subsection no later than June 1, 1999. The Executive Officer shall not issue any executive orders for individual engine families subject to the plan until the plan is approved. The manufacturer shall submit annual reports to the Executive Officer demonstrating compliance with the plan approved by the Executive Office and may, at its discretion, propose revisions to its plan on an annual basis. If, on the basis of information contained in a manufacturer's annual report or any other information, the Executive Officer finds that the manufacturer is not in compliance with an approved plan, the Executive Officer may direct the manufacturer to submit a revised plan;provided, that no such revision shall be required solely as a result of gain or loss in market share in the extreme nonattainment areas during the period while this subsection remains in effect. The Executive Officer shall act upon any proposed revision of a plan within 30 days of receipt. Pending approval of a revised plan, the Executive Officer shall not issue any Executive Orders for individual engine families subject to the revised plan. These actions of the Executive Officer are in addition to any remedies available under this Article or Part 5 of Division 26 of the Health & Safety Code.
(d) The test procedures for determining compliance with the standards for exhaust emissions from new small off-road engines are set forth in "California Exhaust Emission Standards and Test Procedures for 1995-2004 Small Off-Road Engines," adopted March 20, 1992, and last amended July 26, 2004 or "California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines," adopted July 26, 2004, as applicable, which is incorporated herein by reference.
(e) Averaging. For new 2000 and subsequent model year small off-road engines, a manufacturer may comply with the standards established in paragraph (b), above, by choosing either to certify an engine family to the standards or to use the corporate average described below.
(1) For each model year, the corporate average value for a pollutant is defined by the following equation:
where n = the number of small off-road engine families.
FEL = the Family emission level for an engine family.
Sales j= eligible sales of engine family j.
Power j= sales-weighted maximum modal power, in horsepower or kilowatt as applicable, of engine familyj, or an alternative approved by the Executive Officer.
EDP j= Emissions durability period of engine family j.
AVG = For a given pollutant (HC+NO x, CO, or Particulate Matter), a manufacturer's corporate average of the exhaust emissions from those California small off-road engines subject to the California corporate average pollutant exhaust emission standard, as established by an Executive Order certifying the California production for the model year. Engines certified to voluntary standards of 2403(b)(2) are not eligible for corporate averaging.
Credits expended = HC+NO x or Particulate Matter credits, as defined in Sections 2408 and 2409, that are expended by the manufacturer to adjust the corporate average. This term has no meaning for any pollutants other than HC+NO x and Particulate Matter.
Load Factor = For Test Cycle A and Test Cycle B, the Load Factor = 47% (i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i.e., 0.85). For approved alternate test procedures, the load factor must be calculated according to the Load Factor formula found in paragraph (f)(1) of section 2408.
(2) The manufacturer's average pollutant exhaust emissions must meet the corporate average standard at the end of the manufacturer's production for the model year. At the end of the model year, the manufacturer must calculate a corrected corporate average using actual rather than projected sales. Any discrepancy must be made up with emission reduction credits as explained in paragraph (3).
(3) All excess HC+NO x or Particulate Matter emissions resulting from final non-compliance with the California standard must be made up with emission reduction credits or through incorporation in the following model year's corporate average.
(A) Emission reduction credits expended within the next model year to remedy final non-compliance will be used at a rate of 1 gram to 1 gram.
(B) Emission reduction credits expended after the end of the next model year to remedy final non-compliance must be used at a rate of 1.5 grams to 1 gram.
(f) In 1995 and subsequent years, fire and police departments, and other entities that specialize in emergency response may purchase emergency equipment powered by a non-California certified engine only when such equipment with a California-certified engine is not available. For purposes of this section, a request to purchase emergency equipment powered by a non-California certified engine must be submitted for approval to the Executive Officer.
(g)(1) No new engines below 225 cc may be produced for sale to replace pre-1995 model equipment after January 1, 1999, unless such new engines comply with the 1995 model emission standards.
(2)(A) A new small off-road engine equal to or greater than 225 cc, intended solely to replace an engine in a piece of off-road equipment that was originally produced with an engine manufactured prior to the applicable implementation date as described in paragraph (b), shall not be subject to the emissions requirements of paragraph (b) provided that:
1. The engine manufacturer has ascertained that no engine produced by itself or the manufacturer of the engine that is being replaced, if different, and certified to the requirements of this article, is available with the appropriate physical or performance characteristics to repower the equipment; and
2. Unless an alternative control mechanism is approved in advance by the Executive Officer, the engine manufacturer or its agent takes ownership and possession of the engine being replaced; and
3. The replacement engine is clearly labeled with the following language, or similar alternate language approved in advance by the Executive Officer:
THIS ENGINE DOES NOT COMPLY WITH CALIFORNIA OFF-ROAD OR ON-HIGHWAY EMISSION REQUIREMENTS. SALE OR INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER THAN AS A REPLACEMENT ENGINE IN AN OFF-ROAD VEHICLE OR PIECE OF OFF-ROAD EQUIPMENT WHOSE ORIGINAL ENGINE WAS NOT CERTIFIED IS A VIOLATION OF CALIFORNIA LAW SUBJECT TO CIVIL PENALTY.
(B) At the beginning of each model year, the manufacturer of replacement engines must provide, by engine model, an estimate of the number of replacement engines it expects to produce for California for that model year.
(C) At the conclusion of the model year, the manufacturer must provide, by engine model, the actual number of replacement engines produced for California during the model year, and a description of the physical or performance characteristics of those models that indicate that certified replacement engine(s) were not available as per paragraph (A).
(h) Any new equipment engine certified to comply with California emission standards and test procedures for on-road or other off-road applications may, upon approval by the Executive Officer, be in compliance with these regulations.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.
s 2404. Emission Control Labels and Consumer Information - 1995 and Later Small Off-Road Engines.
(a) Purpose. The Air Resources Board recognizes that certain emissions-critical or emissions-related parts must be properly identified and maintained in order for engines to meet the applicable emission standards. In addition, the Board recognizes that information regarding engines' emissions levels may influence consumer choice. These specifications require engine or equipment manufacturers to affix a label (or labels) on each production engine (or equipment, as applicable) to provide the engine or equipment owner and service mechanic with information necessary for the proper maintenance of these parts in customer use. These specifications further require engine or equipment manufacturers to to make information regarding relative emissions levels available to potential ultimate purchasers.
(b) Applicability. These specifications apply to
(1) 1995 and later small off-road engines, that have been certified to the applicable emission standards pursuant to Health and Safety Code Section 43013.
(2) Engine manufacturers and original equipment manufacturers, as applicable, that have certified such engines; and
(3) Original equipment manufacturers, regardless of whether they have certified the engine, if their equipment obscures the emissions control label of such certified engines.
(c) Engine Label Content and Location.
(1) A plastic or metal tune-up label must be welded, riveted or otherwise permanently attached by the engine manufacturer to an area on the engine (i.e., block or crankcase) in such a way that it will be readily visible to the average person after installation of the engine in the equipment. If such an attachment is not feasible, the Executive Officer may allow the label to be attached on components of the engine or equipment assembly (as applicable) that satisfy the requirements of Subsection (c)(2). Such labels must be attached on all engine assemblies (incomplete and complete) that are produced by an engine manufacturer.
(2) In selecting an acceptable location, the engine manufacturer must consider the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). Each engine label(s) must be affixed in such a manner that it cannot be removed without destroying or defacing the label, and must not be affixed to any engine (or equipment, as applicable) part that is likely to be replaced during the engine's(or equipment's, as applicable) useful life. The engine label must not be affixed to any engine (or equipment, as applicable) component that is easily detached from the engine. If the manufacturer claims there is inadequate space to affix the label, the Executive Officer will determine a suitable location. (continued)