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(b) General Emissions Warranty Coverage.The manufacturer of each off-road compression-ignition engine shall warrant to the ultimate purchaser and each subsequent purchaser that the engine is:
(1) Designed, built, and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code; and
(2) Free from defects in materials and workmanship which cause the failure of a warranted part to be identical in all material respects to the part as described in the engine manufacturer's application for certification for a period of five years or 3,000 hours of operation, whichever occurs first, for all engines rated at 19kW and greater, except as noted below. In the absence of a device to measure hours of use, the engine shall be warranted for a period of five years. For all engines rated less than 19kW, and for constant-speed engines rated under 37kW with rated speeds higher than or equal to 3,000 rpm, the period of two years or 1,500 hours of operation, whichever occurs first, shall apply. In the absence of a device to measure hours of use, the engine shall be warranted for a period of two years.
(c) The warranty on emissions-related parts shall be interpreted as follows:
(1) Any warranted part which is not scheduled for replacement as required maintenance in the written instructions required by Subsection (e) shall be warranted for the warranty period defined in Subsection (b)(2). If any such part fails during the period of warranty coverage, it shall be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under the warranty shall be warranted for the remaining warranty period.
(2) Any warranted part which is scheduled only for regular inspection in the written instructions required by Subsection (e) shall be warranted for the warranty period defined in Subsection (b)(2). A statement in such written instructions to the effect of "repair or replace as necessary" shall not reduce the period of warranty coverage. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period.
(3) Any warranted part which is scheduled for replacement as required maintenance in the written instructions required in Subsection (e) shall be warranted for the period of time prior to the first scheduled replacement point for that part. If the part fails prior to the first scheduled replacement, the part shall be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remainder of the period prior to the first scheduled replacement point for the part.
(4) Repair or replacement of any warranted part under the warranty provisions of this article shall be performed at no charge to the owner at a warranty station.
(5) Notwithstanding the provisions of Subsection (4) above, warranty services or repairs shall be provided at all manufacturer distribution centers that are franchised to service the subject engines.
(6) The owner shall not be charged for diagnostic labor that leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station.
(7) The engine manufacturer shall be liable for damages to other engine components proximately caused by a failure under warranty of any warranted part.
(8) Throughout the engine's warranty period defined in Subsection (b)(2), the engine manufacturer shall maintain a supply of warranted parts sufficient to meet the expected demand for such parts.
(9) Any replacement part, as defined in Section 1900(b)(13), Title 13, may be used in the performance of any maintenance or repairs and must be provided without charge to the owner. It is not necessary for replacement parts to be the same brand or by the same manufacturer as the original part sold with the engine. Such use shall not reduce the warranty obligations of the engine manufacturer.
(10) Add-on or modified parts, as defined in Section 1900(b)(1) and (b)(10), Title 13, that are not exempted by the Air Resources Board may not be used. The use of any non-exempted add-on or modified parts shall be grounds for disallowing a warranty claim made in accordance with this article. The engine manufacturer shall not be liable under this article to warrant failures of warranted parts caused by the use of a non-exempted add-on or modified part.
(11) The Executive Officer may request and, in such case, the engine manufacturer shall provide, any documents which describe that manufacturer's warranty procedures or policies.
(d) Each manufacturer shall include a copy of the following emission warranty parts list with each new engine, using those portions of the list applicable to the engine.
(1) Fuel Metering System
(A) Fuel injection system.
(B) Air/fuel ratio feedback and control system.
(C) Cold start enrichment system.
(2) Air Induction System
(A) Controlled hot air intake system.
(B) Intake manifold.
(C) Heat Riser Valve and Assembly.
(D) Turbocharger/Supercharger Systems.
(E) Charge Air Cooling Systems.
(3) Exhaust Gas Recirculation (EGR) System
(A) EGR valve body, and carburetor spacer if applicable.
(B) EGR rate feedback and control system.
(4) Air injection System
(A) Air pump or pulse valve.
(B) Valves affecting distribution of flow.
(C) Distribution manifold.
(5) Catalyst or Thermal Reactor System
(A) Catalytic converter.
(B) Thermal reactor.
(C) Exhaust manifold.
(6) Particulate Controls
(A) Traps, filters, precipitators, and any other device used to capture particulate emissions.
(B) Regenerators, oxidizers, fuel additive devices, and any other device used to regenerate or aid in the regeneration of the particulate control device.
(C) Control Device Enclosures and Manifolding.
(D) Smoke Puff Limiters.
(7) Advanced Oxides of Nitrogen (NOx) Controls
(A) NOx Adsorbers
(B) Lean NOx Catalysts
(C) Selective Catalyst Reduction
(D) Reductant (urea/fuel) containers/dispensing systems
(8) Positive Crankcase Ventilation (PCV) System.
(A) PCV Valve.
(B) Oil Filler Cap.
(9) Miscellaneous items Used in Above Systems
(A) Vacuum, temperature, and time sensitive valves and switches.
(B) Electronic control units, sensors, solenoids, and wiring harnesses.
(C) Hoses, belts, connectors, assemblies, clamps, fittings, tubing, sealing gaskets or devices, and mounting hardware.
(D) Pulleys, belts and idlers.
(E) Emission Control Information Labels.
(F) Any other part with the primary purpose of reducing emissions or that can increase emissions during failure without significantly degrading engine performance.
(e) Each manufacturer shall furnish with each new engine written instructions for the maintenance and use of the engine by the owner. The instructions shall be consistent with this article and applicable regulations contained herein.
(f) Each manufacturer shall submit the documents required by Subsections (d) and (e) with the manufacturer's preliminary application for engine certification for approval by the Executive Officer. Approval by the Executive Officer of the documents required by Subsections (d) and (e) shall be a condition of certification. The Executive Officer shall approve or disapprove the documents required by Subsections (d) and (e) within 90 days of the date such documents are received from the manufacturer. (Title 17, California Code of Regulations (CCR), Section 60030.) Any disapproval shall be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may file for an adjudicative hearing pursuant to Title 17, California Code of Regulations Division 3, Chapter 1, Subchapter 1.25, Articles 1 and 2, to review the decision of the Executive Officer.
(g) In the application, each manufacturer shall include a statement concerning proper maintenance of the engine to maximize emissions performance. The statement shall include, but not be limited to, information on air filter care and replacement schedule, proper fueling and fuel mixing, engine maintenance, and a maintenance schedule to ensure that the owner returns to a servicing center to check for deposits, debris build-up, etc.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102 and 43205.5, Health and Safety Code.
s 2425.1. Defect Investigation and Reporting Requirements.
(a) Applicability. This section shall apply to new off-road compression-ignition engines subject to the standards in Section 2423 (b)(1)(B) and the incorporated 2008 and Later Test Procedures, and shall address defects for any of the emission-related components, or systems containing the components listed in Section 2425(d)(1).
(b) General requirements. Engine manufacturers shall investigate their engines that have been introduced into commerce in California for incorrect, improperly installed, or otherwise defective emission-related components or systems, and shall submit a report to the ARB based on federal triggering thresholds documenting these activities, as required, and their findings. If available, California-specific incidence rates shall also be included in this report.
(c) Investigation and reporting procedures. Engine manufacturers shall perform the investigation and reporting procedures specified in Part 1068, Subpart F of the 2008 and Later Test Procedures.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102 and 43205.5, Health and Safety Code.
s 2426. Emission Control System Warranty Statement.
(a) Each manufacturer shall furnish a copy of the following statement with each new 1996-1999 heavy-duty off-road compression-ignition engines, using those portions of the statement applicable to the engine.
CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT
YOUR WARRANTY RIGHTS AND OBLIGATIONS
TheCalifornia Air Resources Board(and manufacturer's name, optional) is pleased to explain theemission control system warrantyon your(year)engine. In California, new heavy-duty off-road engines must be designed, built and equipped to meet the State's stringent anti-smog standards. (Manufacturer's name) must warrant the emission control system on your engine for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of your engine.
Your emission control system may include parts such as the fuel injection system and the air induction system. Also included may be hoses, belts, connectors and other emission-related assemblies.
Where a warrantable condition exists, (manufacturer's name) will repair your heavy-duty off-road engine at no cost to you including diagnosis, parts and labor.
MANUFACTURER'S WARRANTY COVERAGE:
The(year)and later heavy-duty off-road engines are warranted for(warranty period). If any emission-related part on your engine is defective, the part will be repaired or replaced by (manufacturer's name).
OWNER'S WARRANTY RESPONSIBILITIES:
- As the heavy-duty off-road engine owner, you are responsible for the performance of therequired maintenance listed in your owner's manual. (Manufacturer's name) recommends that you retain all receipts covering maintenance on your heavy-duty off-road engine, but (manufacturer's name) cannot deny warranty solely for the lack of receipts or for your failure to ensure the performance of all scheduled maintenance.
- As the heavy-duty off-road engine owner, you should however be aware that (manufacturer's name) may deny you warranty coverage if your heavy-duty off-road engine or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications.
- Your engine is designed to operate on (fuel) only. Use of any other fuel may result in your engine no longer operating in compliance with California's emissions requirements.
- You are responsible for initiating the warranty process. The ARB suggests that you present your heavy-duty off-road engine to a (manufacturer's name) dealer as soon as a problem exists. The warranty repairs should be completed by the dealer as expeditiously as possible.
If you have any questions regarding your warranty rights and responsibilities, you should contact (Insert chosen manufacturer's contact) at1-XXX-XXX-XXXX.
(b) For 1996-1999 model year heavy-duty off-road compression-ignition engines, each manufacturer shall furnish with each new engine a warranty statement which generally describes the obligations and rights of the engine manufacturer and owner under this article. Engine manufacturers shall also include in the warranty statement a phone number the customer may use to obtain their nearest franchised service center.
(c) Each manufacturer shall submit the documents required by Subsections (a) and (b) with the manufacturer's preliminary application for new engine certification for approval by the Executive Officer. The Executive Officer may reject or require modification of the documents to the extent the submitted documents do not satisfy the requirements of Subsections (a) and (b). Approval by the Executive Officer of the documents required by Subsections (a) and (b) shall be a condition of certification. The Executive Officer shall approve or disapprove the documents required by Subsections (a) and (b) within 90 days of the date such documents are received from the manufacturer. Any disapproval shall be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102 and 43205.5, Health and Safety Code.
s 2427. Production Engine Testing, Selection, Evaluation, and Enforcement Action.
(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:
Decide "Fail" Decide "Pass"
Number of If "U" is greater If "U" is less than
Engines Tested than or equal to or equal to
5 2.18 -0.13
10 2.11 0.51
15 2.18 0.88
20 2.29 1.16
x i = the projected emissions of one pollutant for theith engine tested.
m o = 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.
Decide "Fail" Decide "Pass"
If number of failed If number of failed
Number of engines is greater engines is less
Engines Tested than or equal to 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.
(b)Quality-Audit Test Procedures.
(1) The 1996-1999 model year heavy-duty off-road compression-ignition engines certified for sale in California shall be subject to the Quality-Audit requirements specified herein. Each manufacturer shall use the quality-audit test procedures specified herein.
(2) These procedures specify the quality-audit test procedures in conjunction with the 1996-1999 Heavy-Duty Test Procedures. An engine is in compliance with these quality-audit standards and test procedures only when all portions of these quality-audit test procedures are fulfilled.
(3) Air Resources Board (ARB) personnel and mobile laboratories shall have access to engine or equipment assembly plants, distribution facilities, and test facilities for the purpose of engine selection, testing, and observation. Scheduling of access shall be arranged with the designated manufacturer's representative and shall not unreasonably disturb normal operations (See Section 6 of the 1996-1999 Heavy-Duty Test Procedures).
(4) Applicability.
These procedures shall apply to all certified 1996-1999 model year heavy-duty off-road compression-ignition engine family groups.
If a manufacturer cannot provide actual California sales data, it shall provide its total production and an estimate of California sales. The manufacturer shall also provide supporting material for its estimate.
(5) Engine Sample Selection.
For each engine family group with California sales volumes of 150 units or more per year, the manufacturer shall select for quality audit testing a representative sample of three engines or one percent of production, whichever is greater, from the highest sales volume engine family within the entire engine family group. For engine family groups with California sales volumes of less than 150 units per year, no testing shall be required unless requested by the Executive Officer based upon information and belief that such engine family groups are in noncompliance with applicable regulations. Each selected engine for quality-audit testing must pass the inspection test, by being equipped with the appropriate emission control systems certified by the ARB. The procedure for selecting engines must be submitted to the Chief, Mobile Source Division, 9528 Telstar Avenue, El Monte, CA 91731, prior to the start of production for the 1996 model year.
(6) Engine Preparation and Preconditioning.
(A) The engine shall be tested after the manufacturer has determined that the emissions have stabilized. Engine manufacturers shall report the break-in schedule used on each test engine.
The manufacturer shall submit to the Executive Officer the schedule for hours of use accumulation or engine run-in and any changes to the schedule with each quarterly report.
(B) If an engine is shipped to a remote facility for quality-audit testing, and adjustment or repair is necessary because of such shipment, the manufacturer shall perform the necessary adjustments or repairs only after the initial test of the engine. 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.
Manufacturers shall report to the Executive Officer in the quarterly report, all adjustments or repairs performed on engines prior to each test. In the event a retest is performed, an application may be made to the Executive Officer, within ten days of the emission test, for permission to substitute the after-repair test results for the original test results. When requested by the manufacturer, the Executive Officer will either affirm or deny the application within ten working days from receipt of the request.
(C) If a manufacturer determines that the emission test results of an engine are invalid, the engine must be retested. Emission results from all tests shall be reported. The manufacturer shall include a detailed report on the reasons for each invalidated test in the quarterly report.
(7) Quality-Audit Engine Selection Criteria.
(A) Engines shall be representatively selected.
(B) At the end of each calendar quarter, all of the data accumulated during the quarter shall be reported to the Executive Officer. Upon accumulation of sufficient data, the compliance of the engine family group with the emission standards is determined.
(8) Standards and Test Procedures; Evaluation.
The exhaust sampling and analytical procedures shall be those described in the 1996-1999 Heavy-Duty Test Procedures. An engine family group is considered to have failed the quality audit test if the average emissions do not comply with the applicable certification standards. Any corrective action to bring the engines into compliance with the standards must be applied to all engines in the engine family group reasonably expected to be in noncompliance based on the audit data and other relevant information.
(9) Reports.
Each engine manufacturer shall submit a report to the ARB within 45 calendar days of the end of each calendar quarter and of the model year. More frequent reports may be required if the Executive Officer invokes this section at the end of each month. Each engine manufacturer shall review the test results of each engine family group at the end of each month.
The quarterly report shall include the following:
(A) The total production and sample size for each engine family group.
(B) A description of each test engine (i.e., date of test, engine family group, engine size, engine identification number, fuel system, engine code or calibration number, and test location).
(C) The break-in schedule used on each test engine.
(D) The exhaust emission data for HC, CO, NOx, and PM for each test engine.
The data reported shall be rounded to one significant figure beyond the number of significant figures in the applicable standard as follows for all engines:
HC CO NOx PM .XX .XX .XX .XXX
(E) The retest emissions data, as described in paragraph (b)(6)(C) above for any engine failing the initial test, and description of the corrective measures taken, including specific components replaced or adjusted.
(F) A statistical analysis of the quality-audit test results stating:
1. Number of engines tested.
2. Average emissions and standard deviations of the sample for HC, CO, NOx, and PM.
(G) All aborted test data and reasons for any aborted tests.
(10) When assembly-line engines exceed an emission standard, as set forth herein, or when data submitted by the manufacturer indicates that assembly-line quality-audit testing is being improperly performed, 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 any information provided by the manufacturer, including any corrective action to the noncomplying engine family group. Enforcement penalties shall be imposed only for egregious violations (e.g., those situations where emissions from a few engines significantly exceed emission standards, or where the number of engines exceeding the emissions standards are significant).
(c) Selective Enforcement Audit.
(1)(A) The 2000 and later model year Tier 1, Tier 2, and Tier 3 off-road compression-ignition engines certified for sale in California shall be subject to the Selective Enforcement Audit requirements specified in Subpart F of the 2000 Plus Limited Test Procedures.
(B) The 2008 and later model year Tier 4 off-road compression-ignition engines certified for sale in California shall be subject to the Selective Enforcement Audit requirements specified in Subpart E of Part 1068 of the 2008 and Later Test Procedures.
(2) These procedures specify the Selective Enforcement Audit test procedures in conjunction with the 2000 Plus Limited Test Procedures and the 2000 and Later Test Procedures. An engine is in compliance with these Selective Enforcement Audit standards and test procedures only when all portions of these Selective Enforcement Audit test procedures are fulfilled.
(3) Air Resources Board (ARB) personnel and mobile laboratories shall have access to engine or equipment assembly plants, distribution facilities, and test facilities for the purpose of engine selection, testing, and observation. Scheduling of access shall be arranged with the designated manufacturer's representative and shall not unreasonably disturb normal operations.
(d) Any manufacturer obtaining certification under this part shall supply to the Executive Officer, upon request, a reasonable number of production engines selected by the Executive Officer which are representative of the engines, emission control systems, fuel systems, and transmissions offered and typical of production models available for sale under the certificate. These engines shall be supplied for testing at such time and place and for such reasonable periods as the Executive Officer may require. Heavy-duty engines supplied under this paragraph may be required to be mounted in chassis and appropriately equipped for operation on a chassis dynamometer.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104 and 43210-43212, Health and Safety Code.
s 2430. Applicability.
(a)(1) This article applies to large off-road spark-ignition engines 25 horsepower and greater produced on or after January 1, 2001 and all equipment and vehicles produced on or after January 1, 2001 that use such engines.
(2) Every new off-road large spark-ignition (LSI) 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 and documents incorporated by reference therein, must be certified for use and sale by the manufacturer through the Air Resources Board and covered by an Executive Order, issued pursuant to Chapter 9, Article 4.5, Section 2433.
(b) Each part of this article is severable, and in the event that any part of this chapter or article is held to be invalid, the remainder of the article remains in full force and effect.
(c) This article and documents incorporated by reference herein include provisions for emissions certification, labeling requirements, warranty, in-use compliance testing, and production line testing.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.
s 2431. Definitions.
DEFINITIONS
(a) The definitions in Section 1900(b), Chapter 1, Title 13 of the California Code of Regulations apply to this Article with the following additions:
(1) "Alternate Fuel" means any fuel that will reduce non-methane hydrocarbons (on a reactivity-adjusted basis), NOx, CO, and the potential risk associated with toxic air contaminants as compared to gasoline or diesel fuel and would not result in increased deterioration of the engine. Alternate fuels include, but are not limited to, methanol, ethanol, liquefied petroleum gas, compressed natural gas, and electricity.
(2) "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.
(3) "Assembly-Line Tests" are those tests or inspections that are performed on or at the end of the assembly-line.
(4) "Basic Engine" means an engine manufacturer's description of their unique combination of engine displacement, number of cylinders, fuel system, emission control system, and other engine and emission control system characteristics as determined or specified by the Executive Officer.
(5) "Calendar Year" is the twelve month period commencing on January 1 through December 31.
(6) "Certification Value" means the product of the measured emissions of the prototype engine at zero hours and the (calculated or assigned) deterioration factor.
(7) "Complete Engine Assembly" or "Engine Configuration" means an assembly of a basic engine and all of the specific applicable components (e.g., air intake, fuel and exhaust systems, etc.) and calibrations (e.g., carburetor jet size, valve timing, electronic software/firmware, etc.) required for the assembly to be installed in new equipment.
(8) "Confirmatory testing" means ARB directed emissions tests and inspections of the test engines and/or test equipment used by the manufacturer to obtain test data for submittal with the certification application. The emissions tests may be conducted at ARB, contracted out facilities or at the manufacturer's facility. The testing will be done at the expense of the manufacturer.
(9) "Crankcase Emissions" means airborne substances emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system.
(10) "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 the Test Procedures. See "Emission Durability Period" below.
(11) "Emission Control System" includes any component, group of components, or engine modification that controls or causes the reduction of substances emitted from an engine.
(12) "Emissions Durability Period" is the period over which, for purposes of certification, a manufacturer must demonstrate compliance with the standards set forth in Section 2433(b). The durability periods are also noted in the table in Section 2433(b). The emissions durability period is used to detrmine an engine family's deterioration factors.
(13) "Emissions Durability Values" means emissions from an engine that has accumulated service equivalent to the engine's emission 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.
(14) "End of Assembly-Line" is defined as that place where the final inspection test or production line test is performed.
(15) "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.
(16) "Engine Manufacturer" means the manufacturer granted certification.
(17) "Equipment Manufacturer"means the manufacturer using the engine provided by the engine manufacturer to power equipment or vehicle.
(18) "Exhaust Emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine.
(19) "Final Calendar Quarter Production" is defined as the calendar quarter in which the production of an engine family ends.
(20) "First Calendar Quarter Production" is defined as the calendar quarter in which the production of an engine family begins.
(21) "Fuel System" means the combination of any of the following components: fuel tank, fuel pump, fuel lines, carburetor or fuel injection components, or all fuel system vents.
(22) "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 applies only for determination of control limits.
(23) "Model year" means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year.
(24) "New Engine" is defined as an engine's ownership has not been transferred to the ultimate consumer.
(25) "New Engine Compliance testing" means ARB directed emissions tests and inspections of a reasonable number of production engines and/or equipment that are offered for sale, or manufactured for sale, in California in order to verify compliance with the applicable emission standards. The emissions tests must be conducted at a qualified testing facility. The testing facility is chosen by the manufacturer and approved by the Executive Officer. This may include ARB facilities, contracted out facilities, or the manufacturer's facility. The testing will be done at the expense of the manufacturer.
(26) "New Equipment" means an equipment's ownership has not been transferred to the ultimate consumer.
(27) "Off-Road Large Spark-ignition Engines" or "LSI Engines" means any engine that produces a gross horsepower 25 and greater horsepower or is designed (e.g., through fueling, engine calibrations, valve timing, engine speed modifications, etc.) to produce 25 and greater horsepower. If an engine family has models at or above 25 horsepower and models below 25 horsepower, only the models at or above 25 horsepower would be considered LSI engines. The engine's operating characteristics are significantly similar to the theoretical Otto combustion cycle with the engine's primary means of controlling power output being to limit the amount of air that is throttled into the combustion chamber of the engine. LSI engines or alternate fuel powered LSI internal combustion engines are designed for powering, but not limited to powering, forklift trucks, sweepers, generators, and industrial equipment and other miscellaneous applications. 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 excluded from this category.
Specifically excluded from this category are: 1) engines operated on or in any device used exclusively upon stationary rails or tracks; 2) engines used to propel marine vessels; 3) internal combustion engines attached to a foundation at a location for at least 12 months; 4) off-road recreational vehicles and snowmobiles; and 5) stationary or transportable gas turbines for power generation.
(28) "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.
(29) "Otto Cycle Engine" means a type of engine with operating characteristics significantly similar to the theoretical Otto combustion cycle. The primary means of controlling power output in an Otto cycle engine is by limiting the amount of air and fuel which can enter the combustion chambers of the engine. As an example, gasoline-fueled engines are Otto cycle engines.
(30) "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 Test Procedures.
(31) "Representative Engine Sample" means that the sample is typical of the engine family or engine family group as a whole (as defined in the Test Procedures). Except as provided in Section 2437, a representative sample would not include a low volume subgroup of the engine family or engine family group.
(32) "Scheduled Maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of equipment or engine components or systems required by the 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 equipment or engine malfunction or failure for which periodic maintenance is not appropriate.
(33) "Small Volume Manufacturer" means an engine manufacturer that produces a total of less than 2000 large spark-ignition engines annually for sale in the United States.
(34) "Test Procedures" means the procedures specified in both Part I and Part II of the "California Exhaust Emission Standards and Test Procedures for New 2001 and Later Off-Road Large Spark-ignition Engines", and as specified in Section 2433(c).
(35) "Test Sample" means the collection of engines selected from the population of an engine family for emission testing.
(36) "Ultimate Purchaser" means the first person who in good faith purchases a new LSI engine or equipment using such engine for purposes other than resale.
(37) "Unscheduled Maintenance" means any inspection, adjustment, repair, removal, disassembly, cleaning, or replacement of engine, equipment or vehicle components or systems that is performed to correct or diagnose a part failure or equipment or vehicle (if the engine were installed in a vehicle) malfunction that was not anticipated.
(38) "Useful life" means a period of 7 years or 5000 hours of operation, whichever first occurs for engines having engine displacement greater than 1.0- liter, and 2 years or 1,000 hours of operations, whichever occurs first, for engines having engine displacement equal to or less than 1.0-liter. However, in no case may this period be less than the manufacturer's basic mechanical warranty period for the engine family.
(39) "Warrantable Condition" means any condition of an engine that requires the manufacturer to take corrective action pursuant to Section 2435.
(40) "Warranted Part" means any emissions-related part installed on a engine by the equipment or engine manufacturer, or installed in a warranty repair, which is listed on the warranty parts list.
(41) "Warranty Period" means the period of time, either in years or hours of operation, that the engine or part is covered by the warranty provisions.
(42) "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.
Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.
s 2432. Test Procedures.
Test procedures referred to in this chapter may be obtained from the State 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, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code.
s 2433. Exhaust Emission Standards and Test Procedures - Off-Road Large Spark-Ignition Engines.
(a) This section applies to new off-road large spark-ignition engines produced on or after January 1, 2001. For the purpose of this section, these engines are also referred to as "new off-road LSI engines".
(b)(1) Exhaust emissions from off-road large spark-ignition 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 [FN1]
Hydrocarbon
Engine Durability plus Oxides of
Model Year Displacement Period Nitrogen Carbon Monoxide
2002 and < 1.0 liter 1,000 hours 9.0 410
subsequent or 2 years [12.0] [549]
2001- > 1.0 liter N/A 3.0 37.0
2003 [FN(2),(3)] [4.0] [49.6]
2004-2006 [FN(4)] > 1.0 liter 3500 hours 3.0 37.0
or 5 years [4.0] [49.6]
2007 and > 1.0 liter 5000 hours 3.0 37.0
subsequent or 7 years [4.0] [49.6]
[FNNote:] (1) Standards in grams per kilowatt-hour are given only as a reference. Pollutant emissions reported to ARB by manufacturers must be in grams per brake horsepower-hour.
[FN2] Small volume manufacturers are not required to comply with these emission standards.
[FN3] Manufacturers must show that at least 25 percent of its California engine sales comply with the standards in 2001, 50 percent in 2002, and 75 percent in 2003.
[FN4] The standards for in-use compliance for engine families certified to the standards in the row noted are 4.0 g/bhp-hr (5.4 g/kW-hr) hydrocarbon plus oxides of nitrogen and 50.0 g/bhp-hr (67.0 g/kW-hr) carbon monoxide, with a useful life of 5000 hours or 7 years. In-use averaging, banking, and trading credits may be generated for engines tested in compliance with these in-use compliance standards. If the in-use compliance level is above 3.0 but does not exceed 4.0 g/bhp-hr hydrocarbon plus oxides of nitrogen or is above 37.0 but does not exceed 50.0 g/bhp-hr carbon monoxide, and based on a review of information derived from a statistically valid and representative sample of engines, the Executive Officer determines that a substantial percentage of any class or category of such engines exhibits within the warranty periods noted in Section 2435, an identifiable, systematic defect in a component listed in that section, which causes a significant increase in emissions above those exhibited by engines free of such defects and of the same class or category and having the same period of use and hours, then the Executive Officer may invoke the enforcement authority under Section 2439, Title 13, California Code of regulations to require remedial action by the engine manufacturer. Such remedial action is limited to owner notification and repair or replacement of defective components, without regard to the requirements set forth in Section 2439(b)(5) or Section 2439(c)(5)(B)(vi). As used in the section, the term "defect" does not include failures that are the result of abuse, neglect, or improper maintenance. (continued)