Current through Register 2024 Notice Reg. No. 52, December 27, 2024
(a) Model year 2001 and later model year
spark-ignition personal watercraft and outboard marine engines:
(1) Exhaust emissions from new spark-ignition
marine engines manufactured for sale, sold, or offered for sale in California,
or that are introduced, delivered or imported into California for introduction
into commerce must not exceed the hydrocarbon plus oxides of nitrogen (HC+NOx)
exhaust emission standards listed in Table 1.1 nor the carbon monoxide (CO)
exhaust emission standards listed in Table 1.2 during its designated useful
life:
Table 1.1
Corporate Average Emission Standards by
Implementation Date HC+NOx (g/kW-hr)
Model Year | Max.
Family Emission Limit (FEL) | Ptx
<4.3
kW1 | Ptx
>=4.3 kW1 |
2001-2003 | Not
Applicable | 81.00 | (0.25 x
(151+557/Ptx0.9))+6.0 |
2004-2007 | 80 | 64.80 | (0.20 x
(151+557/Ptx0.9))+4.8 |
2008 and
Later2 | 44 | 30.00 | (0.09 x
(151+557/Ptx0.9))+2.1 |
1. For 2010 and subsequent model years,
an engine or engine family's power category is based on maximum engine power;
otherwise maximum rated power may be used. |
2. For 2010 and subsequent model years,
standards are measured in total hydrocarbons plus oxides of nitrogen. |
Table 1.2
Outboard and Personal Watercraft Carbon Monoxide
Standards
ENGINE
CATEGORY | MODEL YEAR | POWER
CATEGORYa [kilowatts] | CO
STANDARD [grams per kilowatt-hour] |
|
| kW [LESS THAN EQUAL TO]
40 | 500 -- 5 x Pc |
OB/PWCb | 2009 and
later |
|
|
|
| kW > 40 | 300.0 |
a For 2010 and
subsequent model years, an engine or engine family's power category is based on
maximum engine power; otherwise maximum rated power may be used. |
b Abbreviation
for "Outboard and Personal Water Craft" engines |
c P is defined
as maximum rated power or maximum engine power (see footnote a) in kilowatts
(kW) |
where:
Ptx is the average power in
kilowatts (kW) (sales-weighted) of the total number of spark-ignition marine
engines produced for sale in California in model year x. Engine power must be
calculated using the Society of Automotive Engineers (SAE) standard J1228,
November 1991, incorporated herein by reference. Engine manufacturers must not
determine Ptx by combining the power outputs of outboard
engines with the power outputs of personal watercraft engines.
(2) An engine manufacturer may comply with
the standards directly on an individual engine family basis. Consequently in
Table 1.1, FELs are not applicable for any model year and
Ptx means the average power in kW (sales-weighted) of
the subject engine family produced for sale in California in model year x.
Compliance with the HC+NOx standards
on a corporate average basis is determined as follows:
Click
here to view image
where:
n | = | Total number of engine families
(by category) |
PRODjx | = | Number
of units of each engine family j produced for sale in California in model year
x. |
FELjx | = | The
Family Emission Limit (FEL) for engine family j in model year x, which must be
determined by the engine manufacturer subject to the following conditions: (1)
no individual engine family FEL shall exceed the maximum allowed value as
specified in Table 1.1; (2) no engine family designation or FEL shall be
amended in a model year unless the engine family is recertified; and (3) prior
to sale or offering for sale in California, each engine family must be
certified in accordance with the test procedures referenced in section
2447 and must meet the engine
manufacturer's FEL as a condition of the Executive Order. Before certification,
the engine manufacturer must also submit estimated production volumes for each
engine family to be offered for sale in California. |
Pjx | = | The
average power in kW (sales-weighted) of engine family j produced for sale in
California in model year x. Engine power must be calculated using SAE standard
J1228, November 1991, incorporated herein by reference. |
STDca | = | An
engine manufacturer's calculated corporate average
HC+NOx exhaust emissions from those California
spark-ignition marine engines subject to the California corporate average
HC+NOx exhaust emission standard determined from Table 1.1, as established by
an Executive Order certifying the California production for the model year.
This Executive Order must be obtained prior to the issuance of certification
Executive Orders for individual engine families for the model year. |
(A) For
purposes of compliance under this paragraph, engine manufacturers must not
corporate average outboard engine families in combination with personal
watercraft engine families.
(B)
During the engine manufacturer's production year, for each engine family, the
engine manufacturer shall provide the Executive Officer within 45 days after
the last day in each calendar quarter the total number of spark-ignition marine
engines produced for sale in California and their applicable FEL(s).
(C) The Executive Order certifying the
California production for a model year must be obtained prior to the issuance
of certification Executive Orders for individual engine families for the model
year.
(D) The engine manufacturer's
average HC+NOx exhaust emissions must meet the corporate average standard at
the end of the engine manufacturer's production for the model year. At the end
of the model year, the manufacturer must calculate a corrected corporate
average using sales or eligible sales rather than projected sales.
(E) Production and sale of spark-ignition
marine engines that result in noncompliance with the California standard for
the model year shall cause an engine manufacturer to be subject to: revocation
or suspension of Executive Orders for the applicable engine families;
enjoinment from any further sales, or distribution, of such noncompliant engine
families, in the State of California pursuant to section
43017
of the Health and Safety Code; and all other remedies available under Part 5,
Division 26 of the Health and Safety Code. Before seeking remedial action
against the engine manufacturer, the Executive Officer will consider any
information provided by the equipment manufacturer.
(F) For each model, the engine manufacturer
shall submit California sales data ninety (90) days after the end of the model
year.
(b) Model
year 2003 and later model year spark-ignition sterndrive/inboard marine
engines:
(1) Exhaust emissions from all new
model year 2003 and later spark-ignition sterndrive/inboard marine engines must
not exceed the exhaust emission standards listed in Table 2.1(a) for standard
performance engines and 2.1(b) for high performance engines, for the designated
emission durability test period.
(A) Prior to
Model Year 2007 certification, each engine manufacturer must select either
Option 1 (OPT 1) or Option 2 (OPT 2) for its entire production of standard
performance engines for the 2007 and 2008 model years.
Table 2.1(a)
Standard Performance Sterndrive/Inboard Marine Engine
Standards
| | | | EXHAUST
STANDARDS | | | |
MODEL
YEAR | POWER
CATEGORY1
[kilowatts] | COMPLIANCE
OPTION2 | DURABILITY
[hours /
years] | HC3+NOx
[grams per
kilowatt-hour] | TYPE4 | CO
[grams per kilowatt-hour] | SUPPLEMENTAL
MEASURE5 |
2003-2006 | kW [LESS THAN EQUAL TO]
373 | N/A | N/A | 16.0 | AVE6 | | None |
|
|
| N/A | 16.0
(55%) | AVE6 |
|
|
|
| OPT 1 | 480 /
10 | 5.0 (45%) | FIXED |
| None |
2007 | kW [LESS THAN EQUAL TO] 373 |
|
|
|
|
|
|
|
| OPT
2 | N/A | 14.0 | FIXED | N/A | Low-Permeation
Fuel Line Hoses |
|
|
| N/A | 16.0
(25%) | AVE6 |
|
|
|
| OPT 1 | 480 /
10 | 5.0 (75%) | FIXED |
| None |
2008 | kW [LESS THAN EQUAL TO] 373 |
|
|
|
|
|
|
|
| OPT 2 | 480 /
10 | 5.0 | FIXED |
| Low-Permeation Fuel Line
Hoses |
2009 and later | kW [LESS THAN EQUAL TO]
373 |
| 480 /
10 | 5.07,8 | FIXED | 75.07,9 | Carryover10 |
Notes: |
1. For 2010 and subsequent model years,
an engine or engine family's power category is based on maximum engine power;
otherwise maximum rated power may be used |
2. Once a manufacturer has chosen an
option, that option must continue to be used exclusively across product
lines |
3. For 2010 and subsequent model years,
standards are measured in total hydrocarbons plus oxides of nitrogen; however,
the non-methane component of hydrocarbon may be substituted in prior years |
4. Corporate averaging (AVE) may be used
to demonstrate compliance with the exhaust emission standard, except where a
FIXED standard is required |
5. Supplemental measures may be different
than shown, but must provide equal and verifiable emission reductions to those
indicated |
6. The corporate average calculation may
be met with or without power weighting for these years |
7. A single engine family certified under
the discontinuation allowance in Title 13, California Code of Regulations,
§
2442(g)(2) may
continue to meet current certification levels for HC+NOx and no more than 150
g/kW-hr for CO over the engine's useful life provided that the manufacturer
certifying such an engine family also certifies one or more engine families to
family emissions limits sufficiently low to enable compliance on a corporate
average basis |
8. Large volume manufacturers that
produce high performance engines and qualified intermediate volume
manufacturers are required to certify one or more engine families to a family
emissions limit lower than the HC+NOx standard when
complying with high performance engines on a corporate average basis |
9. Standard performance engines > 6.0
liter displacement may alternatively meet a 25 g/kW-hr standard for Modes 2-5
of the ISO 8178-4 E4 marine test cycle |
10. The same or better supplemental
emission control hardware used to comply in 2007 must be used every model year
thereafter and all fuel hoses (i.e., not just the fuel line hose) must be
low-permeation hoses |
(B)
At the time of, or prior to, model year 2009 certification, each large volume
manufacturer that intends to produce high performance engines or qualified
intermediate volume manufacturer must declare whether it will comply with the
high performance exhaust standard of 5.0 g/kW-hr HC+NOx
through averaging or whether it will comply with the less stringent small
volume high performance HC+NOx exhaust standard through
the incorporation of enhanced evaporative control systems on vessels using
standard performance engines for 2009 and subsequent model year engine
production.
Table 2.1(b)
High Performance Sterndrive/Inboard Marine Engine
Standards
| | | HCb+NOx
STANDARD [grams per kilowatt-hour] | | |
MODEL
YEAR | POWERa
CATEGORY [kilowatts] | DURABILITY [hours /
years] | Small Volume Manufacturers or
Intermediate Volume Manufacturers that are not Qualified Intermediate Volume
Manufacturers | Large Volume or Qualified
Intermediate Volume Manufacturers | CO
STANDARD [grams per kilowatt-hour] |
2009-2010 | 373 < kW [LESS THAN EQUAL TO]
485 kW > 485 | 150c / 3
50c / 1 | 16.0d
25.0d | 5.0e | 350.0d |
2011 and later | 373 < kW [LESS THAN EQUAL
TO] 485 kW > 485 | 150c / 3
50c / 1 | 16.0d
22.0d | 5.0e | 350.0d |
a For 2010 and
subsequent model years, an engine or engine family's power category is based on
maximum engine power; otherwise maximum rated power may be used |
b For 2010 and
subsequent model years, standards are measured in total hydrocarbons plus
oxides of nitrogen; however, the non-methane component of hydrocarbon may be
substituted in prior years |
c For the
purpose of durability testing, engine components that have been approved with
an hourly warranty period shorter than the full hourly durability period per
§
2445.1
(c)(3)(C)4. may be replaced at the specified
warranty interval |
d These
standards are fixed except that engine families certified under the
discontinuation allowance in Title 13, California Code of Regulations, §
2442(g)(2) may
continue to meet current certification levels for HC+NOx
over the engine's useful life provided that the manufacturer certifying such an
engine family also certifies one or more engine families to family emissions
limits sufficiently low to enable compliance on a corporate average basis |
e This
standard may be met on a corporate average basis between high performance
engines and/or between standard performance and high performance engines.
Alternately, large volume manufacturers that produce high performance engines
and qualified intermediate volume manufacturers may comply with the exhaust
standards for small volume manufacturers provided a sufficient number of
vessels with the manufacturer's standard performance engines are equipped with
enhanced evaporative control systems as noted in Title 13, California Code of
Regulations, §
2442(b)(5).
Manufacturers must declare their intent to use this alternative prior to
certifying engines for the 2009 model year and must continue to certify future
model year engines using this alternative exclusively across product lines |
(C)
No crankcase emissions shall be discharged into the ambient atmosphere from
2003 and later spark-ignition sterndrive/inboard marine engines.
(D) Production and sale of spark-ignition
marine engines that result in noncompliance with the California standard for
the model year shall cause an engine manufacturer to be subject to: revocation
or suspension of Executive Orders for the applicable engine families;
enjoinment from any further sales, or distribution, of such noncompliant engine
families, in the State of California pursuant to section
43017
of the Health and Safety Code; and all other remedies available under Part 5,
Division 26 of the Health and Safety Code. Before seeking remedial action
against the engine manufacturer, the Executive Officer will consider any
information provided by the equipment manufacturer.
(E) For each engine family, the engine
manufacturer shall submit the total number of engines produced for sale in
California, or the total number of engines produced for sale nationally, ninety
(90) days after the end of the model year.
(2) Evaporative Requirements for All High
Performance Engine Manufacturers and Boat Manufacturers:
(A) For 2009 and subsequent model year
engines, each engine manufacturer must provide written instructions, as part of
the installation materials provided to boat manufacturers, to use enhanced
evaporative control systems on any boat 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. The engine manufacturer shall
also provide evidence to the Executive Officer, as part of its application for
certification, that the supplier(s) of the enhanced evaporative control system
has designed the system components to meet or exceed the diurnal and permeation
design specifications listed in Table 2.2 throughout the useful life of the
engine.
Table 2.2
Sterndrive/Inboard Marine Evaporative Design
Specifications
| | PERMEATION
STANDARDS1 | DIURNAL
STANDARD2 | TEST
TEMPERATURES |
| | [grams per square
meter per day] | [grams per gallon per
day] | [degrees
Celsius] |
| Fuel Hoses | 15.0 | - | 23
± 2 |
| Fuel Tank | 1.5 | - | 28
± 2 |
Trailerable Boat | - | 0.40 | 25.6
- 32.2 | |
Nontrailerable
Boat | - | 0.16 | 27.6 - 30.2 | |
1. Fuel hoses and tank permeation testing
requires fuel with 10% ethanol content. |
2. Diurnal testing requires fuel with 9
pounds per square inch (psi) Reid Vapor Pressure volatility and a 24-hour fuel
temperature cycle. |
(B)
For 2009 and subsequent model year engines, each boat manufacturer must install
an enhanced evaporative control system on every boat that is manufactured for
sale, sold, or offered for sale in California that uses a high performance
engine.
(3) Compliance
with the standards on a corporate averaging basis is calculated as follows:
Click
here to view image
where:
n | =Total number of engine families available
for averaging |
PRODjx | =Number of
engines in engine family j produced for sale in California in model year
x. |
ELjx | =The measured
HC+NOx emission levels for engine family j in model year
x. |
Pjx | =The average power
in kW (sales-weighted) of engine family j produced for sale in California in
model year x. Engine power must be calculated using SAE standard J1228,
November 1991, incorporated herein by reference. |
(A) During
the engine manufacturer's production year, for each engine family, the engine
manufacturer shall provide the Executive Officer within 45 days after the last
day in each calendar quarter the total number of spark-ignition marine engines
produced for sale in California and their applicable EL(s).
(B) The Executive Order certifying the
California production for a model year must be obtained prior to the issuance
of certification Executive Orders for individual engine families for the model
year.
(C) The engine manufacturer's
average HC+NOx exhaust emissions must meet the corporate
average standard at the end of the engine manufacturer's production for the
model year. At the end of the model year, the manufacturer must calculate a
corrected corporate average using sales or eligible sales rather than projected
sales.
(D) Production and sale of
spark-ignition marine engines that result in noncompliance with the California
standard for the model year shall cause an engine manufacturer to be subject
to: revocation or suspension of Executive Orders for the applicable engine
families; enjoinment from any further sales, or distribution, of such
noncompliant engine families, in the State of California pursuant to section
43017
of the Health and Safety Code; and all other remedies available under Part 5,
Division 26 of the Health and Safety Code. Before seeking remedial action
against the engine manufacturer, the Executive Officer will consider any
information provided by the engine manufacturer.
(E) For each engine family, the engine
manufacturer shall submit California sales data within one hundred eighty (180)
days after the end of the model year.
(4) Alternate Requirements for Standard
Performance Manufacturers:
(A) Requirements of
engine manufacturers and boat manufacturers under Option 2 and using Low
Permeation Fuel Line Hose:
1. Each engine
manufacturer that chooses Option 2 must provide written instructions, as part
of the installation materials provided to purchasers of the engine, to use Low
Permeation Fuel Line Hose for the primary fuel line connecting the fuel tank to
the engine of any boat 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.
2. Each
boat manufacturer must install Low Permeation Fuel Line Hose for the primary
fuel line connecting the fuel tank to the engine of any boat that is
manufactured for sale, sold, or offered for sale in California that uses an
engine from a manufacturer that chooses Option 2.
(B) Supplemental Measures. Prior to Model
Year 2007 certification, manufacturers choosing Option 2 may request Executive
Officer approval of a supplemental measure as an alternative to meeting the
requirements of paragraph (b)(3). In determining whether to approve a request,
the Executive Officer will consider the following:
1. Whether the proposed supplemental measure
would achieve reductions in HC+NOx equivalent to using
Low-Permeation Fuel Line Hoses,
2.
The engine manufacturer's measures to ensure successful implementation of the
proposed supplemental measure,
3.
The durability of the proposed supplemental measure, and
4. Any additional information the Executive
Officer deems relevant.
(5) Alternate Requirements for Large Volume
and Qualified Intermediate Volume Manufacturers.
In lieu of complying with the 5.0 g/kW-hr
HC+NOx exhaust standard in Table 2.1(b) for high
performance engines, a large volume or qualified intermediate volume engine
manufacturer may certify high performance engines to the same
HC+NOx exhaust standards as required for small volume
manufacturers in Table 2.1(b) provided that they do either (A) or (B):
A. The manufacturer ensures that a sufficient
number of boats using standard performance engines are equipped with enhanced
evaporative control systems to fully compensate for the change in emission
benefits from allowing compliance to the less stringent standard. Unless a
lower percentage is demonstrated sufficient by the certifying manufacturer, a
minimum of fifteen percent annually of the manufacturer's standard performance
engine production for California must be installed in boats equipped with
enhanced evaporative control systems. Beginning with the 2009 model year and
for all model years thereafter, the following would apply:
1. Each engine manufacturer must provide
written instructions, as part of the installation materials provided to
purchasers of the engine, to use enhanced evaporative control systems on any
boat 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 that uses a standard performance engine intended to qualify the engine
manufacturer to certify its high performance engines using the
HC+NOx standards intended for small volume high
performance manufacturers in Table 2.1(b) of this section. The engine
manufacturer shall also provide evidence to the Executive Officer, as part of
its application for certification, that the supplier(s) of the enhanced
evaporative control system has designed the system components to meet or exceed
the diurnal and permeation design specifications listed in Table 2.2 throughout
the useful life of the engine.
2.
Each boat manufacturer must install an enhanced evaporative control system on
every boat that is manufactured for sale, sold, or offered for sale in
California that uses a standard performance engine intended to qualify the
engine manufacturer to certify its high performance engines using the
HC+NOx standards intended for small volume high
performance manufacturers in Table 2.1(b) of this section.
B. The manufacturer reduces by other means
emissions sufficient to fully compensate for the change in emission benefits
from allowing compliance to the less stringent standard.
1. The manufacturer must submit a plan prior
to certification of any high performance engine family. The Executive Officer
must approve a plan before certifying any of the manufacturer's engine
families. To be approved, the plan must meet the following criteria:
i. The total emissions benefit of the
measures must provide reductions equivalent to the 5.0 g/kw-hr
HC+NOx standard.
ii. The emissions reductions achieved from
the measures must be verifiable.
iii. The measures must be
enforceable.
iv. Except as allowed
by Sections
2442(g)(2), or
2442(g)(3), no
engine families can exceed the emissions standards in 2442(b).
v. The plan must include backstop provisions
to be followed in the event that a measure or measures are not able to be fully
implemented.
2. If the
manufacturer does not implement the plan as approved, the Executive Officer may
rescind certification of the affected engine families until a revised plan is
approved.
(c) Not-to-Exceed (NTE) Limits
Exhaust emissions from all new model year 2010 and later
spark-ignition marine engines subject to the standards in Tables 1.1, 1.2, and
2.1(a) of §
2442, and measured according to
the methods in Part I, section 20., paragraph (c) of the incorporated Test
Procedures, must not exceed the applicable NTE limits defined as
follows:
(1) NTE limits are calculated
for each pollutant as the product of the individual standard (STD) for that
pollutant and the applicable NTE multiplier (M). The mathematical expression of
this equation is "NTE Limit=(STD) x (M)."
(A)
(STD) is defined as either:
1. the emission
standard specified in Tables 1.1, 1.2, or 2.1(a) of §
2442 for each pollutant for an
engine family not certified using averaging, or;
2. the FEL (or corporate averaging
equivalent) for each pollutant for an engine family certified using any form of
averaging.
(B) (M) is
defined as follows:
1. For engine families
certified with a catalytic converter, the values listed in Table 2.3 below
shall apply across the applicable zone specified in Part I, section 20.,
paragraph (c) of the incorporated Test Procedures; or
Table 2.3
NTE Multipliers for Catalyst-Equipped
Engines
Pollutant | Subzone
1 | Subzone 2 |
HC+NOx | 1.50 | 1.00 |
CO | N/A | 1.00 |
2.
For two-stroke engine families certified without a catalytic converter, the
values listed in Table 2.4 below shall apply. Compliance with the NTE Limits
for these engine families shall be based on the weighted discrete mode
emissions measurement method specified in Part I, section 20., paragraph (c) of
the incorporated Test Procedures; or
Table 2.4
NTE Multipliers for Two-Stroke Engines without
Catalysts
Pollutant | All Test
Points |
HC+NOx | 1.2 |
CO | 1.2 |
3.
For all other engine families that do not meet the criteria in (c)(1)(B)1. or
(c)(1)(B)2. above, the values listed in Table 2.5 below shall apply across the
applicable zone specified in Part I, section 20., paragraph (c) of the
incorporated Test Procedures.
Table 2.5
NTE Multipliers for Four-Stroke Engines without
Catalysts
Pollutant | Subzone
1 | Subzone 2 |
HC+NOx | 1.40 | 1.60 |
CO | 1.50 | 1.50 |
(2) Each NTE Limit shall be rounded to the
same number of decimal places as the applicable standard in Tables 1.1, 1.2, or
2.1(a) of §
2442 for each pollutant.
(3) NTE limits do not apply in the 2010
through 2012 model years to engine families that are certified based on
carryover emission data from the 2009 model year. This may include models that
were certified to federal requirements only, so long as no new testing is
otherwise required per the provisions for certification and the issuance of an
Executive Order contained in this article or the test procedures incorporated
by reference in §
2447.
(4) NTE limits do not apply to high
performance engines.
(d)
Voluntary Standards. Model Year 2015 and later spark-ignition marine engines:
(1) Engine manufacturers may voluntarily
certify their engines to the full useful life exhaust and evaporative emission
standards in Table 3 below.
(2)
Marine vessels powered by engines certified to the voluntary standards in Table
3 below and equipped with a fully compliant OBD-M system (see §
2444.2) shall display a five-star
consumer/environmental emission label (see §
2443.2 and §
2443.3).
Table 3 -- Voluntary Standards
HC1+NOX | CO | PERMEATION
STANDARDS | DIURNAL
STAN-ARD2,5,7 | |
STANDARD [grams per
kilowatt-hour] | STANDARD [grams per
[kilowatt-hour] | [grams per
square meter per day] | [grams per gallon
per day] | |
| | | | |
| | Hose3,6,7 | Tank4,5,7 | | |
2.50 | 50.0 | 15.0 | 1.5 | 0.4 | |
1 The exhaust standard includes
total hydrocarbons
2 Diurnal testing assumes a
trailerable boat and requires fuel with 9 pounds per square inch (psi)
volatility and a 24 hour fuel temperature cycle of 25.6 to 32.2°
Celsius
3 Fuel line permeation testing
requires gasoline fuel with 10% ethanol content and must be performed at a test
temperature of 23 ± 2 °Celsius
4 Fuel tank permeation testing
requires gasoline fuel with 10% ethanol content and must be performed at a test
temperature of 28 ± 2 °Celsius
5 Compliance with these
standards is only a requirement for high-performance engines through model year
2017. During this interim period, the engine manufacturer is responsible for
ensuring that these standards are met for any vessel in which a five-star
certified high-performance engine has been installed
6 Compliance with this standard
is a requirement for all sterndrive/inboard marine engines
7 For 2018 and subsequent model
years, permeation and diurnal control shall no longer be applicable under this
section, but shall instead be satisfied per the provisions of Article 4,
Chapter 15, Division 3, Title 13, California Code of
Regulations.
(3)
Spark-ignition marine engines certified to the voluntary standards are subject
to the same in-use compliance and recall requirements as engines certified to
the required exhaust and evaporative standards.
(e) New Replacement Engine Requirements for
Engine Manufacturers. A new spark ignition marine engine produced solely to
replace an engine originally manufactured in accordance with the requirements
of §
2442 shall be identical in
specifications to the most stringent certified emissions configuration
currently available that can be installed in a vessel or personal watercraft
without unreasonable modifications, as determined by the Executive Officer. A
new replacement engine with emissions performance less than maximum stringency
shall be allowed only if all engines of greater stringency are incompatible
with the vessel or personal watercraft and so long as the emissions performance
of the new replacement engine is at least as stringent as that of the engine
being replaced. New replacement engines that do not comply with current year
emission requirements must be labeled as follows:
"SALE OR INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER
THAN TO REPLACE AN ENGINE OF SIMILAR OR LESS STRINGENT EMISSIONS PERFORMANCE IS
A VIOLATION OF CALIFORNIA LAW SUBJECT TO CIVIL PENALTY."
(f) The test equipment and test procedures
for determining compliance with these standards are set forth in Parts III and
IV, respectively, of the "Test Procedures."
(g) Special Provisions for Engine and/or
Vessel Manufacturers
(1) Jet Boat Engines
(A) Jet boat engine families previously
certified to the HC+NOx standards for outboard engines
and personal watercraft in §
2442(a) may
continue to be certified to those standards until 2012 with the additional
requirement for 2010 and subsequent model years to comply with the applicable
carbon monoxide standards for OB/PWC engines in Table 1.2.
(B) Beginning in 2010, all new jet boat
engine families shall comply with the standards for sterndrive/inboard engines
in §
2442(b) upon
introduction, except that these new jet boat engine families may be cross
category averaged with any other jet boat or personal watercraft engine family
to comply with those standards until 2012.
1.
Notwithstanding subparagraph 2. below, an engine family certified to the §
2442(a) standards
prior to 2010, but not previously used in a jet boat application would be
considered a new jet boat engine family in 2010.
2. Replacements for discontinued jet boat
engine families. In 2010 and 2011, if a jet boat engine certified to the §
2442(a) standards
prior to 2010 is discontinued, the manufacturer may introduce a replacement
engine family that complies with the §
2442(a)
standards, provided that the replacement engine family is certified to an FEL
at or below the certified emissions level of the family it
replaces.
(C) Jet boat
engines previously certified in the same engine family with personal watercraft
engines must be certified separately and to a unique engine family beginning in
2012. All other jet boat engines, including replacements for discontinued jet
boat engine families, must be certified separately and to a unique engine
family beginning in 2010.
(D) The
OBD-M requirements in §
2444.2 would apply to new jet boat
engine families in 2010 and to all jet boat engine families in
2012.
(2) Discontinuation
of Marinized Sterndrive/Inboard Engines.
Sterndrive/inboard engine manufacturers who marinize base
engines produced by another manufacturer may request a discontinuation
allowance from the Executive Officer, subject to the following:
(A) The base engine manufacturer has
announced that it plans to discontinue the base engine.
(B) Each marinizer may have a discontinuation
allowance for only one engine family in effect at any time. As an alternative
to the "one engine family" stipulation, manufacturers may petition the
Executive Officer to allow a modified grouping of engines based on factors that
logically link the engines to be discontinued including, but not necessarily
limited to, the pre-marinized base configuration of the engines (e.g., the same
base engine offered in one family with fuel injection and another family with
carburetion).
(C) The
discontinuation allowance would allow the marinizing manufacturer to continue
to certify the engine family to be discontinued to emission levels that are
less stringent than the standards otherwise required for sterndrive/inboard
engines in §
2442 (b) for a
total of four model years, provided that on a corporate average basis, the
manufacturer meets the required standards in §
2442
(b).
(D) Manufacturers shall not certify engine
families to emission levels less stringent than those in effect for previous
model year versions of the same or similar engine family. Fluctuations in
certification levels from year to year due to component variation would not
violate this prohibition unless the fluctuations result in an exceedance of the
standards to which the engine family was previously certified.
(E) Manufacturers shall comply with all
applicable OBD-M and evaporative requirements in effect for:
1. any previously uncertified engine family
certified for the first time under paragraph (g)(2) of this section to emission
levels that are less stringent than the standards otherwise required for
sterndrive/inboard engines in §
2442 (b);
and
2. any current production
engine family that has previously been certified with OBD-M or evaporative
systems.
(F) The
applicable requirements of §§
2442(b)(3),
2443.1, and
2443.2, including averaging,
records keeping, reporting, and labeling, shall be applicable to manufacturers
employing the discontinuation allowance provisions of this paragraph
(g)(2).
(3) General
Hardship Relief Provision
Manufacturers may petition the Executive Officer at any
time to issue temporary relief from any of the requirements of this Article
that would result in extreme financial or technical hardship to the
manufacturer. The Executive Officer shall consider the following in determining
whether or not to grant the manufacturer's request for relief and the extent to
which relief is provided:
(A) The
manufacturer could not have reasonably anticipated the situation for which
relief is requested and has substantiated that the circumstances resulting in
the hardship were beyond its control to avert; and
(B) The manufacturer has exhausted all
existing relief provisions in trying to remedy the situation; and
(C) The manufacturer has proposed an
effective, implementable, and enforceable plan to make up for any emission
benefits that would be lost should the requested relief be
provided.
(h)
Practices for Rebuilding Engines. The rebuilding practices described in Part I,
Section 7 of the incorporated test procedures shall apply to all spark ignition
marine engines subject to the requirements of §
2442 that are rebuilt after
December 31, 2009, including those engines that were originally manufactured
on, or prior to, December 31, 2009.
1. New
section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2.
Amendment filed 7-22-2002; operative 8-21-2002 (Register 2002, No.
30).
3. Amendment filed 11-13-2006; operative 12-13-2006 (Register
2006, No. 46).
4. Editorial correction of subsection (a) -- Table 1
heading (Register 2009, No. 29).
5. Amendment filed 7-17-2009;
operative 8-16-2009 (Register 2009, No. 29).
6. Editorial correction
redesignating erroneous second subsection (b)(1)(A) as subsection (b)(1)(B)
(Register 2009, No. 30).
7. Amendment of subsections (d)-(d)(2)
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.