Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
(1) This article applies to model year 2001
and later spark-ignition marine engines, unless otherwise indicated.
(2) Every new spark-ignition marine engine
that is manufactured for sale, sold, or offered for sale in California, or that
is introduced, delivered or imported into California for introduction into
commerce, and which is subject to any of the standards prescribed in this
article must be covered by an Executive Order, issued pursuant to this
article.
(3) Spark-ignition
sterndrive/inboard marine engines produced by the engine manufacturer to be
used solely for competition are exempt from the requirements of this article,
except section
2443.1, provided that the marine
watercraft in which the engine is installed is designed, built, and used solely
for competition. Marine watercraft not registered with a nationally-recognized
organization that sanctions professional competitive events or used for amateur
or occasional competition do not meet the competition exemption
criteria.
(b) Each part
of this article is severable, and in the event that any part of this chapter is
held to be invalid, the remainder of this article remains in full force and
effect.
(c)
(1) For purposes of this article, military
tactical vehicles or equipment means vehicles or equipment owned by the U.S.
Department of Defense and/or the U.S. military services and used in combat,
combat support, combat service support, tactical or relief operations, or
training for such operations.
(2)
This article shall not apply to engines used in off-road military tactical
vehicles or equipment which have been exempted from regulations under the
federal national security exemption, 40 CFR, subpart J, section 90.908, which
is incorporated by reference herein. It shall also not apply to those vehicles
and equipment covered by the definition of military tactical vehicle that are
commercially available and for which a federal certificate of conformity has
been issued under 40 CFR Part 91, subpart B, which is incorporated by reference
herein.
(3) The U.S. Department of
Defense shall submit to the ARB a list of all vehicles and equipment that are
exempted under the above provisions and which are located in the State of
California. If any additional vehicle and equipment types are added to the list
during any calendar year, the U.S. Department of Defense shall update the list
and submit it to the ARB by January 1 of the following
year.
(d) For 2018 and
subsequent model years, the requirements set forth in Article 4, Chapter 15,
Division 3, Title 13, California Code of Regulations shall take precedent and
supersede the evaporative requirements in this Article.
1. New
article 4.7 (sections 2440-2448) and section filed 12-8-99; operative 1-7-2000
(Register 99, No. 50).
2. Amendment of subsection (a)(1), repealer
of subsection (a)(2), subsection renumbering, new subsection (a)(3) and
amendment of subsection (c)(2) filed 7-22-2002; operative 8-21-2002 (Register
2002, No. 30).
3. Amendment of subsection (a)(3) filed 7-17-2009;
operative 8-16-2009 (Register 2009, No. 29).
4. New subsection (d)
filed 2-8-2016; operative 4-1-2016 (Register 2016, No.
7).
Note: Authority cited: Sections
39600,
39601,
43013,
43018,
43101,
43102
and
43104,
Health and Safety Code. Reference: Sections
43013,
43017,
43018,
43101,
43102,
43104,
43105,
43150-
43154,
43205.5
and
43210-
43212,
Health and Safety Code.
