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(continued)
(g) The Executive Officer may, with respect to any diesel emission control strategy sold, leased, offered for sale, or manufactured for sale in California, order the applicant or strategy manufacturer to make available for compliance testing and/or inspection a reasonable number of diesel emission control systems, and may direct that they be delivered at the applicant's expense 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 diesel emission control strategy being sold, leased, offered for sale, or manufactured for sale in California, have an applicant compliance test and/or inspect a reasonable number of units at the applicant or manufacturer's facility or at any test laboratory under the supervision of the ARB Executive Officer.
(h) In-Use Compliance Report. The applicant must submit an in-use compliance report to the Executive Officer within three months of completing each phase of testing. The following information must be reported for each of the minimum of four diesel emission control systems tested:
(1) Parties involved in conducting the in-use compliance tests.
(2) Quality control and quality assurance information for the test equipment.
(3) Diesel emission control strategy family name and manufacture date.
(4) Vehicle or equipment and type of engine (engine family name, make, model year, model, displacement, etc.) the diesel emission control system was applied to.
(5) Estimated mileage or hours the diesel emission control system was in use.
(6) Results of all emission testing.
(7) Summary of all maintenance, adjustments, modifications, and repairs performed on the diesel emission control system.
(i) The Executive Officer may request the applicant to perform additional in-use testing if the warranty claims exceed four percent of the number of diesel engines using the diesel emission control strategy, or based on other relevant information. As noted in Section 2707(c), if warranty claims exceed four percent of the number of diesel engines using the diesel emission control strategy, the applicant must notify the Executive Officer and submit a warranty report within 30 calendar days of that time.
(j) Conditions for Passing In-Use Compliance Testing. For a diesel emission control strategy to pass in-use compliance testing, emission test results must indicate that the strategy reduced emissions by at least 90 percent of the lower bound of the emission reduction level the Executive Officer originally verified it to. If the first four diesel emission control systems tested within a diesel emission control strategy family meet this standard, the diesel emission control strategy passes in-use compliance testing. If any of the first four diesel emission control systems tested within a diesel emission control strategy family fail to reduce emissions by at least 90 percent of the lower bound of the emission reduction level the Executive Officer originally verified it to, and more than four units are tested, at least 70 percent of all units tested must pass the 90 percent standard for the diesel emission control strategy family to pass in-use compliance testing. For each failed test, for which the cause of failure can be attributed to the product and not to maintenance or other engine-related problems, two additional units must be tested, up to a total of ten units per diesel emission control strategy family.
(k) Failure of In-use Compliance Testing. If a diesel emission control strategy family does not meet the minimum requirements for compliance, the applicant must submit a remedial report within 90 days after the in-use compliance report is submitted. The remedial report must include:
(1) Summary of the in-use compliance report.
(2) Detailed analysis of the failed diesel emission control systems and possible reasons for failure.
(3) Remedial measures to correct or replace failed diesel emission control systems as well as the rest of the in-use diesel emission control systems.
(l) The Executive Officer may evaluate the remedial report, annual warranty report, and all other relevant information to determine if the diesel emission control strategy family passes in-use compliance testing. The Executive Officer may request more information from the applicant. Based on this review, the Executive Officer may lower the verification level or revoke the verification status of a verified diesel emission control strategy family. The Executive Officer may also lower the verification level or revoke the verification status of a verified diesel emission control strategy family, if the applicant does not conduct in-use compliance testing in accordance with this section, or if the Executive Officer conducts in-use compliance testing in accordance with this section (including alternative testing) and the diesel emission control strategy family does not pass the standards in this section.
(m) The Executive Officer may lower the verification level or revoke the verification status of a verified diesel emission control strategy family if the applicant fails to observe the requirements of Sections 2706 or 2707. The Executive Officer must allow the applicant an opportunity to address the possible lowering or revocation of the verification level in a remedial report to the Executive Officer and the Executive Officer may make this determination based on all relevant information.


Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000.



s 2710. Verification of Emission Reductions for Alternative Diesel Fuels.
(a) Applicability. This section applies to in-use strategies that include emission reductions from the use of alternative diesel fuels. The requirements in this section are in addition to those in Sections 2700-2709, except as specifically noted.
(b) Alternative Diesel Fuel Proposed Test Protocol. The applicant must submit a proposed test protocol which includes:
(1) References to criteria pollutant and toxic emissions sampling and analyses that are consistent with the requirements of Section 2703.
(2) Description and Parameters of Alternative Diesel Fuels.
(A) The applicant must describe the applicability of the alternative diesel fuel to diesel engines and identify any requirements for engine or fuel system modifications.
(B) The applicant must provide a general description of the alternative diesel fuel that includes the fuel type, fuel characteristics, fuel properties, fuel formulation, and chemical composition. The applicant for the candidate alternative diesel fuel must specify the following:
1. Identity, chemical composition, and concentration of fuel additives
2. Sulfur content
3. Total aromatic content
4. Total polycyclic aromatic hydrocarbon content
5. Nitrogen content
6. API gravity (density)
7. Distillation temperature distribution information, initial boiling point (IBP),
8. 10% recovered (REC), 5O% REC, 90% REC, and end point (EP)
(C) The applicant must provide information on the candidate alternative diesel fuel that may affect engine performance, engine wear, and safety. The applicant for the candidate alternative diesel fuel must specify the following:
1. Viscosity (engine performance)
2. Fuel volatility (engine performance)
3. Ignition quality (engine performance)
4. Fuel operating temperatures (engine performance)
5. Engine wear tendencies (engine wear)
6. Corrosion (engine wear)
7. Lubricity (engine wear)
8. Fuel flash point (safety)
(D) The applicant must provide information on the candidate alternative diesel fuel to determine if there are chemicals in the fuel that may increase levels of toxic compounds or potentially form toxic compounds in the fuel. The applicant will conduct an analysis for metals and elements by a method specified by the applicant. Copper, iron, cerium, lead, cadmium, chromium, and phosphorus must be included in the analysis. Additional analysis for other toxic compounds may be required after reviewing the chemical composition of the candidate alternative diesel fuel and its additives. (Note: For alternative diesel fuels that are in part comprised of standard diesel fuel, such as emulsified diesel fuels, a toxic analysis of the diesel base fuel is not necessary).
(E) With the approval of the Executive Officer or designee, an applicant may also specify different fuel parameters and test methods that are appropriate to better characterize the candidate alternative diesel fuel.
(3) Upon review of the proposed test protocol, the Executive Officer or designee may require additional fuel components, parameters, and specifications to be determined. Reference Fuel Specifications. The reference fuel used in the comparative testing described in Section 2710(d) allows the applicant three options in selecting a reference fuel.
(4)(A) Option (1). The first option is to use a 10 percent aromatic California diesel reference fuel . The reference fuel must be produced from straight-run California diesel fuel by a hydrodearomatization process and must have the characteristics set forth below under "Reference Fuel Specifications" (the listed ASTM methods are incorporated herein by reference).
(B) Option (2). The second option is to make the reference fuel from a custom blend using a "like" California diesel fuel made from a straight-run California diesel fuel by a hydroaromatization process and must have the characteristics set forth below under "Reference fuel Specifications. In addition the reference fuel must exhibit the bell shaped distillation curve characteristic of diesel fuel and no chemical feedstocks or pure chemicals such as solvents can be used as blend stocks. Details of the source and specifications of the feedstocks must be provided in the protocol and the processes and diesel feedstocks used to make the reference fuel must be reviewed and approved by the Executive Officer.
(C) Option (3). For alternative diesel fuels that contain diesel as a base fuel such as emulsified diesel fuel and 80:20 biodiesel fuel (80 percent diesel/20 percent biodiesel), the base diesel fuel used to make the alternative diesel fuel can be used in place of the 10 percent aromatic California diesel reference fuel. The base diesel fuel must be a certified, commercially available diesel fuel sold in California. The sulfur content, aromatic hydrocarbon content, polycyclic aromatic hydrocarbon content, nitrogen content, natural cetane number, API gravity, viscosity, and distillation specifications must be provided for the base diesel fuel used for the reference fuel.
Table 6. Fuel Test Methods and Reference Fuel Specifications

General Reference ASTM Test
Property Fuel Specifications Method
Sulfur Content 500 ppm max D5453-93
Aromatic Hydrocarbon 10% max D5186-96
content, Vol. %
Polycyclic Aromatic 1.4% max D5186-96
Hydrocarbon content %
Nitrogen Content 10 ppm max D4629-96
Natural Cetane Number 48 min D613-84
Gravity, API 33-39 D287-82
Viscosity at 40°, cSt 2.0-4.1 D445-83
Flash point,° F 130 D93-80
Distillation,° F D86-96
IBP 340-420
10%nEC 400-490
50%nEC 470-560
90%nEC 550-610
EP 580-660

(5) The identity of the entity proposed to conduct the tests described in Section 2710(d);
(6) Reasonably adequate quality assurance and quality control procedures;
(7) Notification of any outlier identification and exclusion procedure that will be used, and
(8) A demonstration that any procedure meets generally accepted statistical principles.
(c) Application for Alternative Diesel Fuel Emission Reduction Verification. Upon completion of the tests, the applicant may submit an application for verification to the Executive Officer or designee. The application must follow the format in Section 2702(d) as applicable and include:
(1) The approved test protocol,
(2) All of the test data,
(3) Copy of the complete test log prepared in accordance with Section 2710(d)(3)(B),
(4) A demonstration that the candidate alternative diesel fuel meets the requirements for verification set forth in this section, and
(5) Such other information as the Executive Officer or designee may reasonably require.
(d) Emissions Test Procedures for Particulates, Nitrogen Oxides, Soluble Organic Fraction, Hydrocarbons, and Toxics.
(1) Criteria pollutants test requirements. In each test of a fuel, exhaust emissions of NOx, NO2 (pursuant to Section 2706(a)(2)), total PM, carbon monoxide, carbon dioxide, and hydrocarbons must be measured. In addition, for each test the soluble organic fraction (SOF) of the particulate matter in the exhaust emissions must be determined in accordance with the Air Resources Board's "Test Method for Soluble Organic Fraction (SOF) Extraction" dated April 1989, which is incorporated herein by reference.
(2) Toxic emissions sampling and analysis requirements. Exhaust emissions of formaldehyde, acetaldehyde, benzene, toluene, ethyl benzene, xylenes, butadiene, and polycyclic aromatic hydrocarbons are to be sampled and analyzed as specified in Table 7 for a minimum of three test samples collected from separate emission test repetitions.
Table 7. Toxics sampling and analysis [FN1], [FN2]

Toxics Method
Formaldehyde and ARB SOP 104
acetaldehyde
Benzene toluene, ethyl ARB SOP 102/103
benzene, xylenes, and
butadiene
Polycyclic aromatic ARB method 429 [FN3]
hydrocarbons

[FN1] Additional toxics sampling may be required depending on the chemical composition of the additives in the fuel.
[FN2] At a minimum tunnel blanks are required prior to and after conducting toxic emissions sampling for the reference fuel and candidate alternative diesel fuel.
[FN3] PAH sampling consists of a filter to collect particulate PAHs and XAD resin to collect volatile PAHs. The sampling protocol needs to be included in the test protocol. Analysis of the samples will be performed by ARB method 429.
(3) Emission test requirements and test sequence for emissions test program.
(A) The applicant must follow the emission test requirements from Section 2703 subsections (a), (b), (k), (l), (m), and (n). For all on-road, off-road, and stationary diesel vehicles and equipment, the applicant must conduct engine dynamometer testing using the Federal Test Procedure (FTP) Heavy-duty Transient Cycle, in accordance with the provisions in the Code of Federal Regulations, Title 40, Part 86, Subpart N. The applicant must use one of the following test sequences:
1. If both cold start and hot start exhaust emission tests are conducted, a minimum of five exhaust emission tests must be performed on the engine with each fuel, using either of the following sequences, where "R" is the reference fuel and "C" is the candidate alternative diesel fuel: RC CR RC CR RC (and continuing in the same order) or RC RC RC RC RC (and continuing in the same order). The engine mapping procedures and a conditioning transient cycle must be conducted with the reference fuel before each cold start procedure using the reference fuel. The reference cycle used for the candidate alternative diesel fuel must be the same as determined for the reference fuel.
2. If only hot start exhaust emission tests are conducted, one of the following test sequences must be used throughout the testing, where "R" is the reference fuel and "C" is the candidate alternative diesel fuel:
Alternative 1: RC CR RC CR (continuing in the same order for a given calendar day; a minimum of twenty individual exhaust emission tests must be completed with each fuel)
Alternative 2: RR CC RR CC (continuing in the same order for a given calendar day; a minimum of twenty individual exhaust emission tests must be completed with each fuel)
Alternative 3: RRR CCC RRR CCC (continuing in the same order for a given calendar day: a minimum of twenty-one individual exhaust emission tests must be completed with each fuel)
For all alternatives, an equal number of tests must be conducted using the reference fuel and the candidate alternative diesel fuel on any given calendar day. At the beginning of each calendar day, the sequence of testing must begin with the fuel that was tested at the end of the preceding day. The engine mapping procedures and a conditioning transient cycle must be conducted at the beginning of each day for the reference fuel. The reference cycle used for the candidate alternative diesel fuel must be the same as determined for the reference fuel.
3. Alternative test sequence. The applicant may request the Executive Officer to approve an alternative test sequence in place of the above test sequences. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the following:
(i.) Statistical and scientific equivalence to 1. or 2., and
(ii.) Body of existing test data using the alternative test sequence.
(B) The applicant must submit a test schedule to the Executive Officer or designee at least one week prior to commencement of the tests. The test schedule must identify the days on which the tests will be conducted, and must provide for conducting test consecutively without substantial interruptions other than those resulting from the normal hours of operations at the test facility. The Executive Officer or designee should be permitted to observe any tests. The party conducting the tests must maintain a test log which identifies all tests conducted, all engine mapping procedures, all physical modifications to or operational tests of the engine, all recalibrations or other changes to the test instruments, and all interruptions between tests, and the reason for each interruption. The party conducting the tests or the applicant must notify the Executive Officer or designee by telephone and in writing of any unscheduled interruption resulting in a test delay of 48 hours or more, and the reason for such delay. Prior to restarting the test, the applicant or person conducting the tests must provide the Executive Officer or designee with a revised schedule for the remaining tests. All tests conducted in accordance with the test schedule, other than any test rejected in accordance with an outlier identification and exclusion procedure included in the approved test protocol, must be included in the comparison of emissions.
(C) Upon approval of the Executive Officer or designee, the applicant may specify an alternative test sequence to Section 2710(d)(3)(A). The applicant must provide the rationale demonstrating that the alternative test sequence better characterizes the average emissions difference between the reference fuel and the alternative diesel fuel.
(e) Durability.
(1) The applicant must meet the durability demonstration requirements in Section 2704 subsections (a), (b), (d), (e), and (h) with the exceptions of emission testing and fuel requirements. If the applicant's diesel emission control strategy includes hardware components in addition to the alternative diesel fuel, then the emission testing requirements in Section 2704 apply.
(2) The applicant must provide test data obtained after completion of the service accumulation, described in Section 2704(d), showing that the candidate alternative diesel fuel does not adversely affect the performance and operation of diesel engines or cause premature wear or cause damage to diesel engines. This must include but is not limited to lubricity, corrosion, and damage to engine parts such as fuel injector tips. The applicant must provide data showing under what temperature and conditions the candidate alternative diesel fuel remains stable and usable in California.
(f) Multimedia Assessment for Fuel Strategies. Diesel emission control strategies which rely on fuel changes either through use of additives or through use of alternative diesel fuels must undergo an evaluation of the multimedia effects. No diesel emission control strategy that relies on the use of an additive or an alternative fuel may be verified unless a multimedia evaluation of the additive or alternative fuel has been conducted and the California Environmental Policy Council established by Public Resources Code section 71017 has determined that such use will not cause a significant adverse impact on the public health or the environment, pursuant to Health and Safety Code section 43830.8. No person shall sell, offer for sale, supply or offer for supply an alternative fuel or a diesel fuel in California that contains an additive for use in a verified diesel emission control strategy unless such a multimedia evaluation has been conducted and resulted in a determination that use of the alternative fuel or additive will not cause a significant adverse impact on the public health and the environment. The applicant shall bear the expense of conducting the multimedia assessment.
(g) Other Requirements.
(1) The candidate alternative diesel fuel must be in compliance with applicable federal, state, and local government requirements.
(2) Applicants planning to market fuel in California must contact and register with the U.S. EPA and the California Dept. of Food and Agriculture. Contacts are listed below.
Office of Transportation and Air Quality U.S. EPA Head Quarters Ariel Rios Blvd. 1200 Pennsylvania Ave, N.W. Washington DC 20468 Phone (202) 564-9303
Petroleum Products/Weighmaster Enforcement Branch Division of Measurement Standards Dept. of Food and Agriculture 8500 Fruitridge Road, Sacramento CA 95826 Phone (916) 229-3000
(3) Additional government agencies such as the California Energy Commission, Area Council Governments, and Local Air Quality Management Districts may be contacted to facilitate the marketing of alternative diesel fuel in California.
(h) Conditional Verification.
(1) The Executive Officer may grant a conditional verification for an alternative diesel fuel for off-road or stationary application only after the conditional verification for on-road application is granted. The Executive Officer may grant a conditional verification for on-road application if the applicant meets the following conditions:
(A) The applicant has applied for U.S. EPA registration of the alternative diesel fuel;
(B) The U.S. EPA has granted a research and development exemption or otherwise granted permission for the alternative diesel fuel to be used, and;
(C) All relevant requirements of Sections 2700-2710 have been met with the exception that registration with the U.S. EPA has not been completed.
(D) Multimedia Assessment as specified in Section 2710 (f).
(2) Where conditional verification is granted, full verification must be obtained by completing the U.S. EPA registration process within a year after receiving conditional verification. During that year, conditional verification is equivalent to verification for the purposes of satisfying the requirements of in-use emission control regulations.
(i) Extensions of an Existing Verification. See Section 2702 (g). The applicant may request the Executive Officer to approve a reduced number of emission tests when extending an existing verification to other emission control groups. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the following:
(1) Variability in the test results used for the existing verification,
(2) Characteristics of the duty cycles in the other emission control groups,
(3) The mechanism by which the alternative diesel fuel reduces emissions, and
(4) Body of existing test data.


Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600, 43700 and 43830.8, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107, 43204-43205.5 and 43830.8, Health and Safety Code; Section 71017, Public Resources Code, and Title 17 California Code of Regulations Section 93000.



s 2750. Purpose.
The purpose of these regulations is to:
(a) Set performance standards for gasoline-fueled, spark-ignited small off-road engines rated at equal to or less than 19 Kilowatts, and equipment utilizing such engines;
(b) In order to give manufacturers maximum flexibility, compliance programs are available beginning the 2006 model year. The two options are identified in section 2754(a) and in section 2754(b), and assume running loss emissions are controlled during engine operation, which result in greater evaporative emissions reductions. Manufacturers must select one option for each evaporative family they certify.


Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.



s 2751. Applicability.
(a) For the model year engines or equipment subject to this Article, no person shall:
(1) manufacture for sale or lease for use or operation in California, or
(2) sell or lease or offer for sale or lease for use or operation in California, or
(3) deliver or import into California for introduction into commerce in California, without an evaporative emission control system that has been certified and labeled pursuant to this Article.
(b) This Article does not apply to:
(1) engines or equipment that use compression-ignition engines, or engines or equipment powered with compressed natural gas (CNG), propane, liquefied petroleum gas (LPG), or liquefied natural gas (LNG).
(2) engines or equipment that use small off-road engines manufactured in California for sale and use outside of California.
(3) snowthrowers or ice augers.


Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.



s 2752. Definitions.
(a) The definitions in section 2401(a), and section 2403(b), Chapter 9, Title 13 of the California Code of Regulations, apply to this Article with the following additions:
(1) "Coextruded Multilayer Fuel Tank" means a multi-layered high-density polyethylene fuel tank with a continuous nylon or ethylene vinyl alcohol layer(s) present within the walls of the tank.
(2) "CP-901" means "Certification and Approval Procedures for Small Off-Road Engine Fuel Tanks", adopted July 26, 2004.
(3) "CP-902" means "Certification and Approval Procedures for Evaporative Emission Control Systems", adopted July 26, 2004.
(4) "Diurnal Emissions" means evaporative emissions resulting from the daily cycling of ambient temperatures and include resting losses, and permeation emissions, as measured according to test procedures incorporated in this Article.
(5) "Equivalent Fuel Tank" means a metal or coextruded multilayer fuel tank used on a small off-road engine. Fuel tanks approved per section 2767 are also deemed equivalent fuel tanks. The volume of an equivalent tank must be less than or equal to a nominal tank. An equivalent tank must be functionally equivalent to a nominal tank.
(6) "Equivalent Fuel Line" means a fuel line that permeates less than or equal to 15 grams per square meter per day when tested per SAE J1737 at 40 [FNo] C or higher, and ambient pressure using Phase II California Reformulated Certification (CERT) fuel, CE10, CM10, CM15, or Indolene.
(7) "Evaporative Emissions" means emissions that result from the evaporation of reactive organic gases into the atmosphere.
(8) "Evaporative Emission Control System" means the fuel system and associated components that are designed to control evaporative emissions.
(9) "Evaporative Family" means a class of off-road engines or equipment that are grouped together based on similar fuel system characteristics as they relate to evaporative emissions. For equipment less than or equal to 80 cc, the engine family and evaporative family are considered equivalent. For integrated equipment greater than 80 cc the engine family and the evaporative family may be considered equivalent at the manufacturer's discretion.
(10) "Evaporative Model Emission Limit (EMEL)" means the diurnal emissions level declared by the manufacturer for a model within an evaporative family. The declared level must be based on diurnal emissions test results for a worst case model of engine or equipment within the evaporative family, obtained by following Test Procedure 902.
(11) "Evaporative Family Emission Limit Differential (EFELD)" means the emission level differential between the effective standard level for a specific model and the EMEL declared for the model and is applicable to the entire evaporative family represented by the model.
(12) "Executive Order of Certification" means an order signed by the Executive Officer that documents certification of evaporative emission control systems on engines or equipment to the performance standards of this Article.
(13) "Holder" means the person to whom the Executive Order of Certification is issued.
(14) "Hot Soak Emissions" means evaporative emissions that occur for the one-hour period following the termination of engine operation.
(15) "Hydrocarbon" means a molecule composed primarily of carbon and hydrogen atoms.
(16) "Manufacturer" means either an engine manufacturer or equipment manufacturer.
(17) "Nominal Capacity" means the volume of fuel indicated by the manufacturer that represents the maximum recommended fill level.
(18) "Nominal Fuel Tank" means the fuel tank that is used by an engine or equipment manufacturer to certify the evaporative emissions control system on a small off-road engine.
(19) "Nominal Fuel Line" means the fuel line that is used by an engine or equipment manufacturer to certify the evaporative emissions control system on a small off-road engine.
(20) "Permeation Emissions" means evaporative emissions that result from reactive organic gas molecules penetrating through the walls of fuel system components and evaporating on outside surfaces, as measured by test procedures incorporated in this Article. Permeation emissions are a component of diurnal emissions, as measured by test procedures incorporated in this Article.
(21) "Permeation Rate" means the total mass of reactive organic gas molecules passing through the internal surface area of a fuel tank in a 24-hour period, as measured by test procedures incorporated in this Article.
(22) "Person" means any individual, association, partnership, limited liability company, or corporation.
(23) "Reactive Organic Gases (ROG)" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following:
CAS *
(1) methane; [74-82-8]
methylene chloride (dichloromethane); [75-09-2]
1,1,1-trichloroethane (methyl chloroform); [71-55-6]
trichlorofluoromethane (CFC-11); [75-69-4]
dichlorodifluoromethane (CFC-12); [75-71-8]
1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); [76-13-1]
1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114); [76-14-2]
chloropentafluoroethane (CFC-115); [76-15-3]
chlorodifluoromethane (HCFC-22); [75-45-6]
1,1,1-trifluoro-2,2-dichloroethane (HCFC-123); [306-83-2]
2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); [2837-89-0]
1,1-dichloro-1-fluoroethane (HCFC-141b); [1717-00-6]
1-chloro-1,1-difluoroethane (HCFC-142b); [75-68-3]
trifluoromethane (HFC-23); [75-46-7]
pentafluoroethane (HFC-125); [354-33-6]
1,1,2,2-tetrafluoroethane (HFC-134); [359-35-3]
1,1,1,2-tetrafluoroethane (HFC-134a); [811-97-2]
1,1,1-trifluoroethane (HFC-143a); [420-46-2]
1,1-difluoroethane (HFC-152a); [75-37-6]
cyclic, branched, or linear completely methylated siloxanes; [various]
the following classes of perfluorocarbons: [various]

(A) cyclic, branched, or linear, completely fluorinated alkanes;
(B) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations;
(C) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and
(D) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds only to carbon and fluorine; and
(2) the following low-reactive organic compounds which have been exempted by the U.S. EPA:
acetone; [67-64-1]
ethane; [74-84-0]
methyl acetate; [79-20-9]
perchloroethylene; and [127-18-4]
parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl
benzene). [98-56-6]

_________ * NOTE: Chemical Abstract Service (CAS) identification numbers have been included in brackets [ ] for convenience.
(24) "Running Loss Emissions" means evaporative emissions from a small off-road engine that occur while it is being operated.
(25) "SHED" (Sealed Housing Evaporative Determination) means the enclosure and associated equipment used to determine evaporative emissions. A SHED must meet the design specifications in 40 Code of Federal Regulations Part 86.107-96.
(26) "Small Production Volume Tank Exemption applies to all models with identical tanks produced by an engine or equipment manufacturer with total California sales of 400 or fewer units per year.
(27) "Structurally Integrated Nylon Fuel Tank" means a fuel tank having the following characteristics:
(A) The fuel tank is made of a polyamide material which:
1. does not contain more than 50 percent by weight of a reinforcing glass fiber and/or mineral filler; and
2. does not contain more than 10 percent by weight of impact modified polyamides which use rubberized agents such as EPDM rubber
(B) The fuel tank must be:
1. used in a chainsaw; or
2. of a pre-existing design that is substantially similar to a current production fuel tank used by the same manufacturer that is integrated into a major structural member where, as a single component, the fuel tank material is a primary structural/stress member for other major components such as the engine, transmission or cutting attachment.
(28) "TP-901" means "Test Procedure for Determining Permeation Emissions from Small Off-Road Engine Equipment Fuel Tanks," adopted July 26, 2004.
(29) "TP-902" means "Test Procedure for Determining Diurnal Evaporative Emissions from Small Off-Road Engines," adopted July 26, 2004.
(30) "Total Hydrocarbons" means the total mass of open chain and cyclic hydrocarbon molecules, as measured under the test procedures incorporated in this Article.
(31) "Walk-Behind Mower" means a grass-cutting product which has:
(A) A Class I vertical shaft engine that includes a blade brake mechanism that provides for compliance with ANSI B71.1 requirements;
(B) A horizontally fixed blade and/or string directly attached to the crankshaft of a vertical shaft engine.


Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.



s 2753. Certification Requirements and Procedures.
(a) Certification
Small off-road engines or equipment that use small off-road engines subject to this Article must contain evaporative emission control systems. For engines less than or equal to 80 cc, the evaporative emission control system consists of the fuel tank only. The evaporative emission control systems must be certified annually to the performance-based or system design standards set out in sections 2754 through 2757 by the Air Resources Board. An Executive Order of Certification for such engines or equipment must be obtained prior to the sale or lease, or the offering for sale or lease, for use or operation in California or the delivery or importation for introduction into commerce in California. Engine manufacturers or equipment manufacturers may apply for an Executive Order of Certification. Applicants must follow the certification procedures outlined in CP-901, adopted July 26, 2004 or CP-902, July 26, 2004, as applicable, which are incorporated by reference herein.
(b) Certification of Complete Systems
Certification of a complete evaporative emission control system is required. An applicant for certification of an evaporative emission control system that complies with the diurnal standards specified in section 2754(a), or section 2757 must submit diurnal evaporative emission data for an engine or equipment that exhibits the highest evaporative emission characteristics for an evaporative family as part of the certification application.
(1) An applicant for certification of an evaporative emission control system that complies with the fuel hose permeation standard specified in section 2754(a) must submit fuel hose permeation data for model year 2006 equipment as part of the certification application. Alternatively, manufacturers may submit the Executive Order number approving the component pursuant to section 2767.1 of this Article.
(2) An applicant for certification of an evaporative emission control system that complies with the design standards specified in section 2754(b) must submit fuel tank permeation data, fuel hose permeation data, and carbon canister butane working capacity data or equivalent for an engine or equipment that exhibits the highest evaporative emission characteristics for an evaporative family as part of the certification application. Alternatively, manufacturers may submit the Executive Order number approving the component pursuant to section 2767.1 of this Article.
(3) An applicant for certification of an evaporative emission control system that complies with the fuel tank permeation standards specified in section 2755 must submit fuel tank permeation data that exhibits the highest evaporative emission characteristics for an evaporative family as part of the certification application. For engines less than or equal to 80 cc, the manufacturer need only test the tank with the most surface area for all evaporative families with the same material/process. These certification test results can then be used in the certification of other tanks/engine families constructed of the same materials/processes.
(4) TP-901, adopted July 26, 2004, is used to determine fuel tank permeation. TP-902, adopted July 26, 2004, is used to determine the evaporative emissions from engines or equipment with complete evaporative emission control systems.
(c) Modifications to the Evaporative Emission Control System
(1) Manufacturers are allowed to replace the nominal fuel tank and/or nominal fuel line of a certified evaporative emission control system that complies with the performance-based standards specified in section 2754 with an equivalent fuel tank and/or equivalent fuel line. All other evaporative emission control components in a system that complies with the performance-based standards in section 2754 must function similarly and have equivalent or better performance to those components used to certify the control system.
(2) Modification of any certified evaporative emission control systems in any manner other than replacement of the nominal tanks and/or fuel lines with equivalent fuel tanks and/or fuel lines invalidates the certification of the control system. When any evaporative emission control system's certification is invalidated due to an unapproved modification, a new certification is required per CP-902, adopted July 26, 2004.
(3) Manufacturers are required to notify the Executive Officer in writing of any modification of any certified evaporative emission control system. The notification must include a statement citing the basis for the equivalent fuel tank and/or fuel line determination.
(d) Reduced Certification Requirements
Manufacturers meeting the requirements of section 2766 of this Article must be certified annually by the Air Resources Board by submitting a Letter of Conformance. The Letter of Conformance must include, at a minimum, a statement citing the basis for complying with section 2766. An Executive Order of Certification for such engines or equipment must be obtained prior to the sale or lease, or the offering for sale or lease, or the delivery or importation for introduction into commerce in California of such engines or equipment in California.


Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.



s 2754. Evaporative Emission Performance and Design Standards.
The table below specifies the evaporative emission performance and design standards for small off-road engines, and equipment that use small off-road engines, with displacements greater than 80 cc.
Table 1 Evaporative Emission Standards

Performance
Requirements Design Section 2754(a)
Requirements [FN1]
Section
2754(b)
Effective Diurnal Fuel Hose Fuel Tank Carbon Canister
Date [FN3] or
Model Year Standard Permeation Permeation Equivalent
[FN2] Butane
Working
Grams HC/day Grams ROG/m Grams ROG/m Capacity Grams
[FN2]/day [FN2]/day HC
Displacement
Category:
Walk-Behind
Mowers
>80 cc - <225cc
2006 None 15 None None
2007 and 1.3 N/A N/A N/A
2008
2009 1.0 N/A N/A N/A
Displacement
Category: Non
Walk-Behind
Mowers
> 80 cc - <225cc
2006 None 15 None None
2007 1.20 + 15 2.5 Specified in
through 0.056*tank TP-902
2011 vol. (liters)
2012 0.95 + 15 1.5 Specified in
0.056*tank TP-902
vol. (liters)
Displacement
Category: >225
cc
2006 and None 15 None None
2007
2008 1.20 + 15 2.5 Specified in
0.056*tank TP-902
vol. (liters)
2010 [FN4] None 15 None Specified in
TP-902
2013 1.20 + 15 1.5 Specified in
0.056*tank TP-902
vol. (liters)

_________________
[FN1] For model year 2006 only, all engines and equipment with displacements > 80 cc - <225cc must comply with the fuel hose permeation design requirement in section 2754(a)(1)(C). Engines and equipment with displacements greater than or equal to 225 cc must comply with the fuel hose permeation design requirement in section 2754(a)(1)(C) for model years 2006 and 2007 only. [FN2] Permeation emissions as determined by TP-901. Permeation emissions must be measured to two significant figures.
[FN3] Canister design requirements and the procedure for determining butane working capacity are specified in TP-902. The Executive Officer may designate technology equivalent to carbon canisters on a case by case basis as part of the certification process per section 2767.
[FN4] Applies to small production volume tanks exempted pursuant to section 2766.
(a) On or after the model year set out in Table 1 of section 2754, evaporative emissions from any small off-road engine or equipment that use small off-road engines certifying under this section 2754(a) must not exceed the performance requirements specified in Table 1 of section 2754.
(1) Manufacturers certifying engines or equipment under this section 2754(a) shall do the following:
(A) Submit a determination in the certification application that running loss emissions are controlled from being emitted into the atmosphere. The Executive Officer must approve the determination for an Executive Order of Certification to be issued. Approval by the Executive Officer is not required if actively purged carbon canisters meeting the requirements of this article are used.
(B) Test all evaporative families in accordance with TP-902.
(C) Provide test data in the certification application showing that fuel lines meet the permeation requirement of 15 grams/m [FN2] /day using test procedure SAE J1737 (Issued August 1997). The permeation testing must be conducted at 40 [FNo] C, or higher, and ambient pressure using Phase II California Reformulated Certification (CERT) fuel, CE10, CM15, or Indolene. Alternatively, manufacturers can submit the Executive Order number approving the component pursuant to section 2767.1 of this Article.
(b) On or after the model year set out in Table 1 of section 2754, evaporative emissions from any small off-road engine or equipment that use small off-road engines certifying under this section 2754(b) must not exceed the design requirements specified in Table 1 of section 2754.
(1) Manufacturers certifying engines or equipment under 2754(b) shall also do the following:
(A) Submit a determination in the certification application that the running loss emissions are controlled from being emitted into the atmosphere. The Executive Officer must approve the determination before an Executive Order of Certification can be issued. Approval by the Executive Officer is not required if actively purged carbon canisters meeting the requirements of this article are used.
(B) Provide test data in the certification application showing that the fuel tank and carbon canister meet the applicable design requirements. Provide test data in the certification application showing that fuel lines meet the permeation requirement of 15 grams/m [FN2] /day using test procedure SAE J1737 (Issued August 1997). The permeation testing must be conducted at 40 [FNo] C, or higher, and ambient pressure using Phase II California Reformulated Certification (CERT) fuel, CE10, CM15, or Indolene. Alternatively, manufacturers can submit the Executive Order number approving the component pursuant to section 2767.1 of this Article.


Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.



s 2754.1. Certification Averaging and Banking.
(a) Applicability - The averaging requirements specified in this section 2754 apply only to engines or equipment with complete evaporative emission control systems certified to the diurnal emission performance standards specified in section 2754(a) of this Article. Participation in the certification averaging and banking program is voluntary. The provisions of this section are applicable only for determining compliance with this section.
(b) General provisions.
(1) The certification averaging and banking provisions for diurnal emissions from eligible engines and equipment are described in this section.
(2) A manufacturer of an evaporative family subject to this Article may use the averaging and banking provisions of this section 2754 for the purpose of creating diurnal emissions credits.
(3) A manufacturer shall not include in its calculation of credit generation and may exclude from its calculation of credit usage, any new engines or equipment not subject to this Article.
(4) A manufacturer may include its entire inventory of an evaporative family subject to this Article in calculating the diurnal emissions credit for a given model year.
A manufacturer shall certify evaporative families to an Evaporative Family Emission Limit Differential (EFELD). The EFELD is declared by an engine or equipment manufacturer and can be positive or negative subject to the limitation in subsections (b)(6) and (b)(7) of this section, provided the sum of the manufacturer's projected balance of credits from all credit transactions for each engine class in a given model year is greater than or equal to zero, as determined under subsection (e). The EFELD is determined based on the diurnal test results, in accordance with TP-902, of the worst case model of engine or equipment within an evaporative family. The worst case model of engine or equipment is defined as the engine or equipment expected to produce the highest negative or the smallest positive EFELD within the family on a per unit basis. The EFELD is calculated by setting the EMEL for the model of engine or equipment tested at a level above the diurnal test results and then subtracting the EMEL from the applicable standard level for the model.
(A) A manufacturer of an evaporative family with a negative EFELD shall obtain positive emission credits sufficient to address the associated credit shortfall within the time period set out in (8) below.
(B) An evaporative family with a positive EFELD may generate positive emission credits for averaging, or banking, or a combination thereof.
(6) No walk-behind mowers within an evaporative family may have diurnal emissions greater than 1.5 times the applicable diurnal standard in section 2754(a).
(7) No model of Class I or Class II engine or equipment (excluding walk-behind mowers) within an evaporative family may have diurnal emissions greaterthan 3.0 times the applicable diurnal standard in section 2754(a). (continued)