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(8) A manufacturer must demonstrate compliance with this section within 270 days of the end of the model year.
(9) No new Executive Order of Certifications will be issued to the manufacturer until a plan to make up the emissions deficit plus a penal amount of 25% of the deficit has been approved by the Executive Officer.
(10) The failure of a manufacturer to comply with the diurnal emissions standards in accordance with this section 2754 shall be grounds for revocation or suspension of the Executive Order of Certification in accordance with section 2770. A revocation under this provision shall be deemed to revoke the Executive Order of Certificationab initio.
(11) The failure of a manufacturer to submit the plan required in subsection (b)(9) above within 270 days of the end of a model year shall be grounds for revocation or suspension of the Executive Order of Certification in accordance with section 2770. A revocation under this provision shall be deemed to revoke the Executive Order of Certificationab initio.
(c) Averaging.
(1) Negative credits from evaporative families with negative EFELDs must be offset by positive credits from evaporative families having positive EFELDs, as allowed under the provisions of this section. Averaging of credits in this manner is used to determine compliance under subsection (e)(2).
(2) Subject to the provisions in subsection (b)(9), credits used in averaging for a given model year may be obtained from credits generated in the same model year by another evaporative family, or credits banked in previous model years, The restrictions of this subsection notwithstanding, credits from a given model year may be used to address credit needs of previous model year engines.
(d) Banking.
(1) Beginning with the 2007 model year, a manufacturer of an evaporative family with a positive EFELD for model year 2007 and subsequent engines and equipment may bank credits in that model year for use in averaging. Positive credits may be banked only according to the requirements of subsection (e)(1) of this section.
(2) A manufacturer may bank emission credits only after the end of the model year and after ARB has reviewed the manufacturer's end-of-year reports. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for averaging in the end-of-year report and final report.
(3) A manufacturer may use credits claimed from a previous model year that have not been approved by the ARB, in an averaging calculation pending the review of the ARB. In the event such review does not substantiate the amount of credits claimed, an Executive Order will not be issued until a plan to make up the emissions deficit has been approved by the Executive Officer.
(e) Credit Calculation and Manufacturer Compliance with Emission Standards
(1) For evaporative family, diurnal emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest tenth of a gram. Consistent units with two significant digits are to be used throughout the equation.
EFELD = Applicable standard level - EMEL
Credits = EFELD x Sales
Where:
EMEL = the declared evaporative model emission limit for the model tested within the evaporative family in grams
EFELD = the calculated evaporative family emission limit differential in grams
Sales = the total Sales for all models within a given evaporative family
Sales or Eligible Sales means the actual or calculated sales of an evaporative family in California for the purposes of averaging and banking. Upon Executive Officer approval, an engine or equipment manufacturer may calculate its eligible sales through market analysis. Because of the multiple steps in the product distribution chain and confidential nature of sales information for many retailers and original equipment manufacturers an educated and consistent estimate with the best available documentation will be acceptable as the final report of sales in California. Actual sales are sales calculated at the end of a model year on that model year's production, rather than estimates of production. Actual sales volume is used in determining actual credits for end-of-year compliance determination.
(2) Manufacturer compliance with this section is determined on a corporate average basis at the end of each model year. A manufacturer is in compliance when the sum of positive and negative emission credits it holds is greater than or equal to zero.
(f) Certification Using Credits.
(1) For certification relying on averaging or banking of credits, a manufacturer shall:
(A) Submit a statement that the engines for which certification is requested will not, to the best of the manufacturer's knowledge, cause the manufacturer to be in noncompliance under subsection (e)(2) when all credits are calculated for all the manufacturer's engine families.
(B) Declare an EFELD for the evaporative family. The EFELD must be calculated to two significant digits.
(C) Indicate the projected number of emission credits generated/needed for this family; the projected applicable eligible sales volume and the values required to calculate credits as given in section 2754(e).
(D) Submit calculations in accordance with section 2754(e) of projected emission credits (positive or negative) based on production projections for each family.
(E)(i) If the evaporative family is projected to generate negative emission credits, state specifically the source (manufacturer/evaporative family or reserved) and quantity of the credits necessary to offset the credit deficit according to projected production.
(ii) If the evaporative family is projected to generate positive emission credits, state specifically the recipient (manufacturer/evaporative family or reserved) and quantity of the credits used to offset a deficit banked according to where the projected credits will be applied.
(2) The manufacturer may supply the information required above in section 2754(f)(1)(C), (D), and (E) by use of a spreadsheet detailing the manufacturer's annual production plans and the credits generated or consumed by each evaporative family.
(3) The manufacturer bears the burden of establishing to the satisfaction of the Executive Officer that the conditions upon which the Executive Order was issued were satisfied.
(4) Projected credits based on information supplied in the certification application may be used to obtain an Executive Order. However, any such credits may be revoked based on review of end-of-year reports, follow-up audits, and any other verification steps considered appropriate by the Executive Officer.
(g) Maintenance of records.
(1) The manufacturer shall establish, maintain, and retain the following adequately organized and indexed records for each evaporative family:
(A) ARB evaporative family identification code,
(B) Declared EFELD,
(C) Projected sales volume for the model year, and
(D) Records appropriate to establish the quantities of engines or equipment that constitute eligible sales for each evaporative family.
(2) The manufacturer shall retain all records required to be maintained under this section for a period of eight years from the due date for the end-of-model year report. Records may be retained as hard copy, CD-ROM, diskettes, and so forth, depending on the manufacturer's record retention procedure; provided, that in every case all information contained in the hard copy is retained.
(3) Nothing in this section limits the Executive Officer's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section.
(4) A manufacturer shall submit all information requested by the Executive Officer within 30 days of the date of such request.
(5) The Executive Officer may revoke or suspend the Executive Order for an evaporative family for which the manufacturer fails to retain the records required in this section or to provide such information to the Executive Officer upon request. No new Executive Orders will be issued to the manufacturer until the requested records are made available and/or a plan that describes the records to be retained as required by this section is approved by the Executive Officer.
(h) End-of-year and final reports.
(1) End-of-year and final reports must indicate the evaporative family, the actual sales volume, the values required to calculate credits as given in subsection (e), and the number of credits generated/required. Manufacturers shall also submit how and where credit surpluses were dispersed (or are to be banked) and/or how and through what means credit deficits were met. The report must include a calculation of credit balances to show that the credit summation for each class of engines or equipment is equal to or greater than zero.
(2) The calculation of eligible sales as defined in subsection (e)(1) of this section for end-of-year and final reports must be based on the location of the point of first retail sale (for example, retail customer or dealer) also called the final product purchase location. Upon advance written request, the Executive Officer will consider other methods to track engines for credit calculation purposes, such as shipments to distributors of products intended for sale in California.
(3)(A) End-of-year reports must be submitted within 90 days of the end of the model year to:
Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731.
(B) Unless otherwise approved by the Executive Officer, final reports must be submitted within 270 days of the end of the model year to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731.
(4) Failure by a manufacturer to submit any end-of-year or final reports in the specified time for any engines or equipment subject to regulation under this section is a violation of this section for each engine or equipment in the evaporative family covered by the report.
(5) A manufacturer generating credits for banking only who fails to submit end-of-year reports in the applicable specified time period (90 days after the end of the model year) may not use the credits until such reports are received and reviewed by ARB. Use of projected credits pending ARB review is not permitted in these circumstances.
(6) Errors discovered by ARB or the manufacturer in the end-of-year report, including errors in credit calculation, may be corrected in the final report.
(7) If ARB or the manufacturer determines that a reporting error occurred on an end-of-year or final report previously submitted to ARB under this section, the manufacturer's credits and credit calculations must be recalculated. Erroneous positive credits will be void except as provided in subsection (h) of this section. Erroneous negative credit balances may be adjusted by ARB.
(8) If within 270 days of the end of the model year, ARB review determines a reporting error in the manufacturer's favor (that is, resulting in an increased credit balance) or if the manufacturer discovers such an error within 270 days of the end of the model year, ARB must restore the credits for use by the manufacturer.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2754.2. Validation Study.
(a) To confirm that the performance-based evaporative certification option in section 2754(a) and the design-based evaporative certification option in section 2754(b) are achieving ARB's overall emission reduction goals, ARB will conduct an inventory validation study utilizing diurnal test data from such equipment.
(b) This validation study will be conducted at two time periods: (a) in 2010 for the years 2008, 2009 and 2010 and (b) in 2015 for the years 2013, 2014 and 2015.
(c) For each year in the study, the Executive Officer will select engine and/or equipment evaporative families and request, from the certificate holder, one production unit from each identified family from production inventory according to a method specified by the Executive Officer. Diurnal testing of each selected unit (including the complete evaporative emission control system) will be conducted pursuant to TP-902, including pre-conditioning. Unless otherwise directed by the Executive Officer, three data points will be generated and submitted to the Executive Officer for each engine and / or equipment tested.
(d) The number of data points and equipment to be tested for this validation study is as follows:
Number of Data Points Number of Data Points
(# of Equipment Tested) (# of Equipment Tested)
Year for Units Certified per the for Units Certified per
Performance-Based Standards the Design-Based Standards
Under Section 2754(a) Under Section 2754(b)
2008 9 (3) 45 (15)
2009 3 (1) 15 (5)
2010 3 (1) 15 (5)
2013 9 (3) 45 (15)
2014 3 (1) 15 (5)
2015 3 (1) 15 (5)
(e) The costs for testing engines or equipment certified under the design-based element of the validation study are the responsibility of the certificate holder. The costs for testing engines or equipment certified under the performance-based element of the validation study are the responsibility of ARB. For each of the years 2010 and 2015, the Executive Officer will also review the annual performance-based and design-based certification submissions for that year and two prior years (i.e., 2010, 2009, 2008 for the 2010 validation and 2015, 2014, 2013 for the 2015 validation) to supplement this validation study.
(f) The Executive Officer will evaluate the data collected and, based on reasonable criteria, make a determination whether the performance-based option in section 2754(a) and the design-based option in section 2754(b) are achieving ARB's overall emission reduction goals. In making this determination, the Executive Officer will consider, among other things, whether a particular product tested is in full compliance with the underlying standards and whether the product configurations are non-representative (i.e., large tanks).
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2755. Permeation Emissions Performance Standard.
On or after the model year set out herein, fuel tanks used on equipment subject to this section must not exceed the following permeation rates:
Permeation Rate Standard (grams per meter [FN2] per day)
Effective Date Requirement [FN1]
Model Year Applicability Tank Permeation
2007 Equipment That Use Fuel Tank Permeation
Gasoline Powered Small Emisions Shall Not
Off-Road Engines Exceed 2.0 Grams Per
With Displacements<80cc Square Meter Per Day As
Determined By TP-901.
[FN1] Permeation rate must be measured to two significant digits.
(a) Data documenting the permeation rate of fuel tanks must be included in a certification application, except for models of equipment which use "equivalent fuel tanks." Such data are not required for engines or equipment meeting the requirements of section 2766.
(b) The test procedure for determining compliance with the standards for permeation rates from small off-road engine fuel tanks are set forth in "Test Procedure for Determining Permeation Emissions from Small Off-Road Engine Equipment Fuel Tanks, TP-901," adopted July 26, 2004, which is incorporated by reference herein.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2756. Fuel Cap Performance Standard.
For the model year set out herein, no person shall sell, supply, offer for sale or manufacture for sale fuel caps for fuel tanks for small off-road engines or equipment that use small off-road engines with displacements >80 cc subject to this Article that do not meet the following performance standards unless exempted in an Executive Order issued pursuant to section 2767 of the Article:
Fuel Cap Performance Standards
(a) Fuel cap must be permanently tethered to the tank, equipment, or engine; and
(b) Fuel cap must be designed to provide physical and/or audible feedback to the user that a fuel tank vapor seal is established.
The following table defines equipment subject to the fuel cap performance standards of this section:
Equipment Subject to the Fuel Cap Performance Standards
Effective Date
Model Year Applicability
Fuel Caps For ALL SORE Equipment With
2007 Small Off-Road Engines
>80 cc to <225cc
Fuel Caps For ALL SORE Equipment With
2008 Small Off-Road Engines
>225 cc
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2757. Optional Performance Standards.
The Air Resources Board recognizes that evaporative emissions can be further reduced by incorporating advanced fuel system designs that reduce or eliminate carburetor and permeation emissions. These optional performance standards are emission targets that are more stringent than the performance standards set out in section 2754, and 2755. These optional performance standards will be part of a statewide clean air-labeling program. Upon implementation, a manufacturer certifying to an optional performance standard would be allowed to affix a "Blue Sky Label" on their equipment.
Optional Permeation Rate Standard
Effective Date Requirement [FN1]
Model Year Applicability Tank Permeation
Equipment That Use Fuel Tank Permeation
2007 Gasoline Powered Small Emissions Shall Not
Off-Road Engines With Exceed 1.0 Grams Per
Displacements Square Meter Per Day As
<80 cc Determined By TP-901.
[FN1] Permeation rate must be measured to two significant digits.
Optional Evaporative Emission Standards (Grams per 24-hour diurnal test)
Effective Date Requirement [FN1]
Model Year Applicability Total Hydrocarbons
All Equipment That Use Diurnal Emissions Shall
2007 Small Off-Road Engines Not Exceed 0.5 Grams
With Displacements Total Hydrocarbons Per
> 80 cc To < 225cc Day As Determined By
TP-902.
All Equipment That Use Diurnal Emissions Shall
2008 and Later Small Off-Road Engines Not Exceed 1.0 Grams
With Displacements Total Hydrocarbons Per
>225 cc Day As Determined By
TP-902.
[FN1] Diurnal emissions must be measured to two significant digits.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2758. Test Procedures.
(a) Testing to determine compliance with section 2754 of this Article shall be performed using TP-902, adopted July 26, 2004, which is incorporated by reference herein.
(b) Testing to determine compliance with section 2755 of this Article shall be performed using TP-901, adopted July 26, 2004, which is incorporated by reference herein.
(c) Testing to determine compliance with section 2757 of this Article shall be performed using TP-901, adopted July 26, 2004 to determine permeation emissions, and TP-902, adopted July 26, 2004, to determine diurnal emissions.
Test procedures referred to in this Article may be obtained from the California Air Resources Board at P.O. Box 2815, Sacramento, California 95812 or over the Internet at http:\\www.arb.ca.gov.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2759. Equipment and Component Labeling.
(a) Purpose. The Air Resources Board recognizes that certain emissions-critical and/or emissions-related parts must be properly labeled in order to identify equipment that meets applicable evaporative emission standards. These specifications require equipment and/or engine manufacturers to affix a certification label (or labels) on each production equipment (or engine, as applicable).
(b) Applicability. These specifications apply to:
(1) Engines or equipment that have been certified to the applicable evaporative emission standards in this Article.
(2) Equipment manufacturers who use an engine certified under this Article if their equipment obscures the emissions control label of such certified engine.
(c) Certification Label Content and Location.
(1) A plastic or metal label must be welded, riveted or otherwise permanently attached by the equipment or engine manufacturer to an area on the engine or equipment in such a way that it will be readily visible.
(2) In selecting an acceptable location, the possibility of accidental damage must be considered (e.g. possibility of tools or sharp instruments coming in contact with the label). Each certification label must be affixed in such a manner that it cannot be removed without destroying or defacing the label, and must not be affixed to any engine (or equipment, as applicable) component that is easily detached from the engine or equipment as applicable.
(3) The engine or equipment label information must be written in the English language and use block letters and numerals (i.e., sans serif, upper-case characters) that must be of a color that contrasts with the background of the label.
(4) The engine or equipment label must contain the following information:
(A) The label heading must read: "IMPORTANT EMISSIONS INFORMATION." When combined with an exhaust label, "EMISSIONS" relates to both exhaust and evaporative emissions.
(B) The full corporate name or trademark of the engine or equipment manufacturer.
1. A manufacturer may request approval to delete its name and trademark, and substitute the name and trademark of another manufacturer, original equipment manufacturer, or third-party distributor.
2. Such an approval does not relieve the manufacturer of complying with the requirements imposed by this Article.
(C) Identification of the evaporative emission control system. Abbreviations per SAE J1930 dated May 14, 2002, or manufacturers evaporative code as defined in the owners manual are allowed if they are submitted as part of the certification application.
(D) The date of engine manufacture (month and year) for evaporative emission control systems certified by the engine manufacturer or the date of equipment manufacture (month and year) for evaporative emission control systems certified by the equipment manufacturer.
(E) An unconditional statement of compliance with the appropriate model year(s) (for 2006 and later) California regulations; for example, "THIS ENGINE MEETS 2006 CALIFORNIA EVP EMISSION REGULATIONS FOR SMALL OFF-ROAD ENGINES".
(F) Evaporative emissions family. Attachment 1 of the Certification Procedures, CP-902, adopted July 26, 2004, contains the classification criteria for determining an evaporative family for engines greater than 80 cc. For equipment less than or equal to 80 cc, the engine exhaust family is the evaporative family.
(d) Conformance with Other Requirements. A label may state that the equipment conforms to any applicable Federal, Canadian, or European evaporative emission standards for new equipment; or any other information that the manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the engine.
(e) Label Visibility. As used in these specifications, readily visible to the average person means that a label is readable from a distance of 46 centimeters (18 inches) without any obstructions from equipment or engine parts (including all original equipment manufacturer or engine manufacturer (as applicable) available optional equipment) except for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out of the way without disconnection. Alternatively, information required by these specifications to be printed on the equipment and/or engine (as applicable) must be no smaller than 2 millimeters in height provided that no equipment or engine parts (including all manufacturer available optional equipment), except for flexible parts, obstruct the label(s).
(f) Label Durability. The labels and any adhesives used must be designed to withstand, for the equipment's useful life, typical equipment environmental conditions in the area where the labels required by this section are attached. Typical equipment environmental conditions include, but are not limited to, exposure to engine fuels, lubricants and coolants (e.g., gasoline, motor oil, water, and ethylene glycol). The engine or equipment manufacturer must submit, with its certification application, a statement attesting that its labels comply with these requirements.
(g) Sample Label Submission. Samples of all actual production labels used within an evaporative family must be submitted to the Executive Officer within thirty days after the start of production. Sample labels are not required for carry over certification unless labels are revised. Engine manufacturers must provide samples of their own applicable production labels, and samples of applicable production labels of the equipment manufacturer that are accessible to the engine manufacturers due to any direct market arrangement between such manufacturers.
(h) The Executive Officer may approve alternate label locations or may, upon request, waive or modify the label content requirements provided that the intent of these specifications is met. Such approval may be conditioned upon providing such information in the owner's manual as the Executive Officer deems appropriate.
(i) Labeling Enforcement
Use of labels that are different from those approved will be grounds for revocation or suspension of the Executive Order of Certification.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2760. Defects Warranty Requirements for Small Off-Road Engines.
(a) Applicability. This section applies to small off-road engines or equipment that use small off-road engines subject to the performance standards in this Article. The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser.
(b) General Evaporative Emissions Warranty Coverage. The engine or equipment must be warranted to the ultimate purchaser and any subsequent owner that the evaporative emission control system when installed was:
(1) Designed, built, and equipped so as to conform with all applicable regulations; and
(2) Free from defects in materials and workmanship that causes the failure of a warranted part for a period of two years.
(c) The warranty on evaporative emissions-related parts will be interpreted as follows:
(1) Any warranted part that is not scheduled for replacement as required maintenance in the written instructions required by subsection (e) must be warranted for the warranty period defined in subsection (b)(2). If any such part fails during the period of warranty coverage, it must be repaired or replaced by the manufacturer issuing the warranty according to subsection (4) below. Any such part repaired or replaced under the warranty must be warranted for a time not less than the remaining warranty period.
(2) Any warranted part that is scheduled only for regular inspection in the written instructions required by subsection (e) must 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" will not reduce the period of warranty coverage. Any such part repaired or replaced under warranty must be warranted for a time not less than the remaining warranty period.
(3) Any warranted part that is scheduled for replacement as required maintenance in the written instructions required by subsection (e) must 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 must be repaired or replaced by the manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty must be warranted for a time not less than 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 must be performed at no charge to the owner at a warranty station.
(5) Notwithstanding the provisions of subsection (4) above, warranty services or repairs must be provided at distribution centers that are franchised to service the subject engines or equipment.
(6) The owner must 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) Throughout the evaporative emission control system's warranty period set out in subsection (b)(2), the manufacturer issuing the warranty must maintain a supply of warranted parts sufficient to meet the expected demand for such parts.
(8) Manufacturer approved replacement parts must be used in the performance of any warranty maintenance or repairs and must be provided without charge to the owner. Such use will not reduce the warranty obligations of the manufacturer issuing the warranty.
(9) The use of any add-on or modified parts will be grounds for disallowing a warranty claim made in accordance with this article. The manufacturer issuing the warranty will not be liable under this Article to warrant failures of warranted parts caused by the use of an add-on or modified part.
(10) The manufacturer issuing the warranty shall provide any documents that describe that manufacturer's warranty procedures or policies within five working days of request by the Executive Officer.
(d) A copy of the following evaporative emission warranty parts list must be included with each new engine or equipment subject to this Article, using those portions of the list applicable to the engine or equipment.
(1) Fuel Tank*
(2) Fuel Cap
(3) Fuel Line
(4) Fuel Line Fittings
(5) Clamps**
(6) Pressure Relief Valves**
(7) Control Valves**
(8) Control Solenoids**
(9) Electronic Controls**
(10) Vacuum Control Diaphragms**
(11) Control Cables**
(12) Control Linkages**
(13) Purge Valves
(14) Vapor Hoses
(15) Liquid/Vapor Separator
(16) Carbon Canister
(17) Canister Mounting Brackets
(18) Carburetor Purge Port Connector
*Note: The parts list for equipment less than or equal to 80 cc only includes the fuel tank.
**Note: As they relate to the evaporative emission control system.
(e) Written instructions for the maintenance and use of the evaporative emissions control system by the owner shall be furnished with each new engine or equipment subject to this Article. The instructions must be consistent with this article and applicable regulations contained herein.
(f) The documents required by subsection (d) must be submitted with the application for evaporative emission control system certification for approval by the Executive Officer. Approval by the Executive Officer of the documents required by subsection (d) is a condition of certification. The Executive Officer will approve or disapprove the documents required by subsection (d) within 90 days of the date such documents are received.
(g) The application for evaporative emission control system certification must also include a statement regarding the maintenance of the evaporative emission control system. The statement must include, but not be limited to, information on evaporative emission control system maintenance, and a maintenance schedule.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2761. Emission-Related Defect Reporting Requirements.
(a) Applicability. This section applies to 2007 model year and later small off-road engines and equipment that use small off-road engines. The requirement to report evaporative emission-related defects affecting a given class or category of engines or equipment will remain applicable for five years from the end of the calendar year in which such engines or equipment were manufactured.
(b) A manufacturer must file a defect information report whenever, on the basis of data obtained subsequent to the effective date of these regulations:
(1) The manufacturer determines, in accordance with procedures established by the manufacturer to identify either safety-related or performance defects, that a specific evaporative emission-related defect exists; and
(2) A specific evaporative emission-related defect exists in 25 or more tanks, engines or equipment of a given evaporative family manufactured in the same Executive Order or model year.
(c) No report must be filed under this section for any evaporative emission-related defect corrected prior to the sale of the affected engines or equipment to ultimate purchasers.
(d) The manufacturer must submit defect information reports to Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731, not more than 15 working days after an emission-related defect is found to affect 25 or more engines or equipment certified under the same Executive Order or model year. Information required by subsection (d) of this section that is either not available within 15 working days or is significantly revised must be submitted to the Executive Officer as it becomes available.
(e) Each defect report must contain the following information:
(1) The manufacturer's corporate name.
(2) A description of the defect.
(3) A description of each class or category of engines or equipment potentially affected by the defect including make, model, model year, calendar year produced, and any other information required to identify the engines affected.
(4) For each class or category of engines or equipment described in response to subsection (d) of this section, the following must also be provided:
(A) The number of engines or equipment known or estimated to have the defect and an explanation of the means by which this number was determined.
(B) The address of the plant(s) at which the potentially defective engines or equipment were produced.
(5) An evaluation of the evaporative emissions impact of the defect and a description of any operational problems that a defective engine or equipment might exhibit.
(6) Available evaporative emission data that relate to the defect.
(7) An indication of any anticipated manufacturer follow-up.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2762. Voluntary Emission Recall Program.
(a) When any manufacturer initiates a voluntary emissions recall program involving 25 or more tanks, engines, or equipment, the manufacturer must submit a report describing the manufacturer's voluntary emissions recall plan as prescribed by this section within 15 working days of the date owner notification began. The report must contain the following:
(1) A description of each class or category of engines or equipment recalled including the number of tanks, engines or equipment to be recalled, the model year, the make, the model, and such other information as may be required to identify the engines recalled;
(2) A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to correct the tanks, engines, or equipment affected by the emission-related defect;
(3) A description of the method by which the manufacturer will notify engine or equipment owners and, if applicable, the method by which the manufacturer will determine the names and addresses of engine or equipment owners;
(4) A description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the recall plan, an explanation of the manufacturer's reasons for imposing any such conditions, and a description of the proof to be required of an engine or equipment owner to demonstrate compliance with any such conditions;
(5) A description of the procedure to be followed by engine or equipment owners to obtain correction of the nonconformity. This may include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the defect, and the designation of facilities at which the defect can be remedied;
(6) A description of the class of persons other than dealers and authorized warranty agents of the manufacturer who will remedy the defect;
(7) When applicable, three copies of any letters of notification to be sent engine owners;
(8) A description of the system by which the manufacturer will assure that an adequate supply of parts is available to perform the repair under the plan, and that the supply remains both adequate and responsive to owner demand;
(9) Three copies of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan;
(10) A description of the impact of the proposed changes on fuel consumption, performance, and safety of each class or category of engines or equipment to be recalled;
(11) A sample of any label to be applied to engines or equipment that participated in the voluntary recall campaign.
(b) The manufacturer must submit at least one report on the progress of the recall campaign. Such report must be submitted no later than 18 months from the date notification was begun and include the following information:
(1) The methods used to notify both engine or equipment owners, dealers and other individuals involved in the recall campaign;
(2) The number of engines or equipment to be affected by the emission-related defect and an explanation of the means by which this number was determined;
(3) The number of engines or equipment actually receiving repair under the plan; and
(4) The number of engines or equipment determined to be ineligible for remedial action due to a failure to properly maintain or use such engines.
(c) Send the defect report, voluntary recall plan, and the voluntary recall progress report to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar Avenue, El Monte, CA, 91731.
(d) Retain the information gathered by the manufacturer to compile the reports for not less than five years from the date of the end of the model year. The manufacturer must make this information available to duly authorized officials of the ARB upon request.
(e) The filing of any report under the provisions of this section does not affect a manufacturer's responsibility to file reports or applications, obtain approval, or give notice under any provision of law.
(f) The act of filing an Emission Defect Information Report is inconclusive as to the existence of a defect subject to the warranty provided by section 2764 of this Article.
(g) A manufacturer may include on each page of its Emission Defect Information Report a disclaimer stating that the filing of a Defect Information Report pursuant to these regulations is not conclusive as to the applicability of the warranty provided by section 2764 of this Article.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2763. Ordered Recalls.
(a)(1) If the Executive Officer determines that a substantial number of any class or category of engines or equipment, or components used on such engines or equipment certified pursuant to section 2754(b), although properly maintained and used, do not meet the performance or design standards prescribed under this Article, when in actual use throughout their useful life, the Executive Officer shall immediately notify the responsible manufacturer of such nonconformity and require the manufacturer to submit a plan for remedying the nonconformity.
The manufacturer's plan shall provide that the nonconformity of any such engines or equipment that are properly used and maintained will be remedied at the expense of the manufacturer.
If the manufacturer disagrees with such determination of nonconformity, the manufacturer may appeal such determination pursuant to section 2771.
(2) Any notification required to be given by the manufacturer under subsection (a)(1) of this section with respect to any class or category of engines or equipment shall be given to dealers, ultimate purchasers, and subsequent purchasers (if known) in such manner and containing such information as required in section 2761 of this Article.
(3)(A) Prior to an ARB ordered recall, the manufacturer may perform a voluntary emissions recall pursuant to section 2762 of this Article. Such manufacturer is subject to the reporting and record keeping requirements of section 2762 subsections (c) and (d) of this Article.
(B) Once ARB determines that a substantial number of engines or equipment fail to conform to the requirements of this Article, the manufacturer will not have the option of a voluntary recall.
(b) The manufacturer bears all cost obligation a dealer incurs as a result of a requirement imposed by subsection (a) of this section. The transfer of any such cost obligation from a manufacturer to a dealer through franchise or other agreement is prohibited.
(c) Any inspection of an engine or equipment for purposes of subsection (a)(1) of this section, after its sale to the ultimate purchaser, is to be made only if the owner of such engine or equipment voluntarily permits such inspection to be made, except as may be provided by any state or local inspection program.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2764. Evaporative Emission Control Warranty Statement.
(a) Any application for an evaporative emission control system certification must include a copy of the following statement:
CALIFORNIA EVAPORATIVE EMISSION CONTROL WARRANTY STATEMENT YOUR WARRANTY RIGHTS
AND OBLIGATIONS
The California Air Resources Board (and manufacturer's name, optional) is pleased to explain the evaporative emission control system's warranty on your (year(s)) (equipment type). In California, new equipment that use small off-engines must be designed, built, and equipped to meet the State's stringent anti-smog standards. (Manufacturer's name) must warrant the evaporative emission control system on your (equipment type) for the period listed below provided there has been no abuse, neglect or improper maintenance of your equipment.
Your evaporative emission control system may include parts such as: carburetors, fuel tanks, fuel lines, fuel caps, valves, canisters, filters, vapor hoses, clamps, connectors, and other associated components.For engines less than or equal to 80 cc, only the fuel tank is subject to the evaporative emission control warranty requirements of this section.
A combined exhaust and evaporative warranty statement is acceptable. For combined warranty statements, "evaporative emission" can be replaced with "emissions" where "emissions" is understood to mean both exhaust and evaporative emissions.
MANUFACTURER'S WARRANTY COVERAGE:
This evaporative emission control system is warranted for two years. If any evaporative emission-related part on your equipment is defective, the part will be repaired or replaced by (manufacturer's name).
OWNER'S WARRANTY RESPONSIBILITIES:
H As the (equipment type) owner, you are responsible for performance of the required maintenance listed in your owner's manual. (Manufacturer's name) recommends that you retain all receipts covering maintenance on your (equipment type), but (manufacturer's name) cannot deny warranty solely for the lack of receipts.
H As the (equipment type) owner, you should however be aware that the (manufacturer's name) may deny you warranty coverage if your (equipment type) or a part has failed due to abuse, neglect, or improper maintenance or unapproved modifications.
H You are responsible for presenting your (equipment type) to a (manufacturer's name) distribution center or service center as soon as the problem exists. The warranty repairs should be completed in a reasonable amount of time, not to exceed 30 days. If you have a question regarding your warranty coverage, you should contact (Insert chosen manufacturer's contact) at 1-XXX-XXX-XXXX.
Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.
s 2765. New Equipment Compliance Testing.
(a) Compliance Test Procedures.
(1) The Executive Officer may order an engine or equipment manufacturer to make available for compliance testing and/or inspection five fuel lines, carbon canisters, tanks, engines, or equipment units. Unless otherwise directed by the Executive Officer, the fuel lines, carbon canisters, tanks, engines, or equipment units shall be delivered to the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California. Fuel lines, carbon canisters, tanks, engines or equipment units must be selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer, that, insofar as practical, must exclude engines or equipment that would result in an unreasonable disruption of the manufacturer's distribution system. Such an order may include a requirement to demonstrate that the measured rate or volume of purge from a representative sample of production canisters and engines certified under section 2754 (b) meets any design specification required by the Executive Officer in the applicable Executive Order of Certification or included by the manufacturer in the application for such an Order.
(2) The method for selection and testing of the fuel lines, carbon canisters, tanks, engines or equipment and the evaluation of test data must be made in accordance with the procedures set forth herein.
(3) Air Resources Board personnel shall have access to the fuel line, carbon canister, tank, engine, or equipment assembly plants, or distribution facilities for the purposes of tank, engine, or equipment selection and testing. Scheduling of access shall be arranged with the representative designated in the application for certification.
(4) All testing must be conducted in accordance with the applicable model year evaporative emission test procedures. Any evaporative emission control system parameters must be set to values or positions that are within the range available to the ultimate purchaser as determined by ARB. No break-in or modifications, adjustments, or special preparation or maintenance will be allowed on engines or equipment units chosen for compliance testing without the written consent of the Executive Officer.
(5) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the engine or equipment is permitted only after an initial test of the engine or equipment, except where 100 percent of the manufacturer's production is given that inspection or maintenance by the manufacturer's own personnel. The manufacturer may request that the engine or equipment be repaired from shipping damage, and be retested. If the Executive Officer concurs, the engine or equipment may be retested, and the original test results may be replaced by the after-repair test results.
(6) Engines or equipment must be randomly chosen from the selected evaporative family or subgroup.
(7) Five fuel lines, carbon canisters, tanks, engines or equipment of the same model within an evaporative family or subgroup will be selected for testing per the applicable test procedure. An evaporative family or subgroup will be deemed to have passed the compliance testing if all five test results are below the applicable standard. If one or more of the test results are above the applicable standard, an evaporative family or subgroup will be deemed to have failed the compliance testing if the upper 95% confidence limit of the five samples is greater than 150%, 130%, or 110% of the applicable performance standards specified in sections 2754 through 2757 of this Article per the following table:
"Pass" If "U" is less "Fail" If "U" is
Test Category than or equal to greater than
1st Year of Production 1.5*Applicable 1.5*Applicable
of Evaporative Families Standard Standard
2nd Year of Production 1.3*Applicable 1.3*Applicable
of Evaporative Families Standard Standard
3rd and Subsequent 1.1*Applicable 1.1*Applicable
Years of Production Standard Standard
of Evaporative Families
Where:
(8) If any group of fuel lines, carbon canisters, tanks, engines, or equipment units selected for inspection fails an evaporative emission test as determined by subsection (a)(7), or fails to conform to the labeling requirements of section 2759, the Executive Officer shall notify the manufacturer in accordance with subsection (b).
(b) Notification of Failure
If compliance testing identifies engines or equipment units that do not meet the standards set out in (a)(7) above,or that do not conform with the permeation control design or permeation specifications of section 2754, the Executive Officer will notify the Holder of the Executive Order of Certification covering the engines or equipment. The Executive Officer shall also notify such Holder that the Executive Order of Certification may be suspended or revoked. The Holder of the Executive Order of Certification shall have 30 calendar days in which to notify the Executive Officer of their intent to provide additional information and/or independent test results for five tanks, engines, or equipment that document compliance of the evaporative family. The Executive Officer will consider all relevant information provided by the manufacturer, and other interested parties, including, but not limited to corrective actions applied to the noncompliant evaporative family and emission credits to remedy the failure. (continued)