Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Purpose. The purpose of this section is
to require engine manufacturers to affix a single label on each production
spark-ignition marine engine (or watercraft, as applicable) that provides
potential engine owners, engine owners, and enforcement personnel with
information on the relative cleanliness of the engine under the Air Resources
Board's standards.
(b)
Applicability. This section applies to:
(1)
Model year 2001 and later spark-ignition personal watercraft and outboard
marine engines and model year 2003 and later spark-ignition sterndrive/inboard
marine engines, which have been certified to the applicable emission standards
pursuant to Health and Safety Code section 43013;
(2) Federally certified spark-ignition marine
engines produced prior to model year 2001 that comply with the emission
standards pursuant to section
2442; and
(3) Spark-ignition personal watercraft and
outboard marine engines produced prior to model year 2001 and shown by the
manufacturer to comply with the emission standards pursuant to section
2442.
(c) If an engine manufacturer has certified a
spark-ignition marine engine family to an FEL at or below the exhaust emission
standard designated in section
2442(a), Table 1,
the engine manufacturer (or equipment/watercraft manufacturer who uses such
engines) must label each new engine within the engine family as a compliant
engine pursuant to this section. If the engine family fails in-use compliance
and/or production line testing and corrective action is not taken within thirty
(30) days, the engine manufacturer must cease representation of any engines
within the family as compliant engines. In this case, corrective action refers
only to physical changes made to bring the engine into compliance with its
original FEL. Spark-ignition marine engines as described in paragraph (b)(2)
may be labeled pursuant to the provisions of this section before the 2001 model
year if such engines comply with Title 40, Code of Federal Regulations, Part 91
[October 4, 1996], which is incorporated herein by reference. Spark-ignition
marine engines as described in paragraph (b)(3) may be labeled pursuant to the
provisions of this section before the 2001 model year if such engines are
tested using certification test procedures plus a thirty (30) percent
deterioration factor, as applicable. Alternative demonstrations of emissions
performance may be used for engines described in paragraphs (b)(2) and (b)(3)
if the engine manufacturer demonstrates to the Executive Officer's satisfaction
that the emissions performance is representative of actual emissions for the
engine family. Any use of the label described below counter to the requirements
set forth herein violates this section and may subject the engine manufacturer
to penalties as permitted by Part 5, Division 26 of the Health and Safety Code.
(1) Facsimiles of the label format are shown
in Figure 1.Figure 1
Click
here to view image
(NOTE: Labels are not to scale.)
(A) The engine manufacturer must ensure that
the label has the following characteristics:
1. Oval shape;
2. Dimensions of no less than three inches
wide by two and a half inches high, except that it may be no less than two
inches by one and two thirds inches high for engines that have power outputs of
11.2 kW (15 hp) or less;
3.
Watermark
(i) For all except five star labels,
a watermark as shown in Figure 2 that is a clear laminate. The watermark must
cover the entire label and be screened at no less than fifteen percent;
and
(ii) For five star labels, a
colored or black and white watermark consisting of the central portion of the
California State flag as shown in the five star label format in Figure 1. The
watermark must cover the entire label and be screened at no less than fifteen
percent; and
4. All
written information required by paragraph (c)(4)(B) must be in the English
language and the font must be sans serif. The characters must be a minimum of
two (2) millimeters in height except as specified in paragraph (c)(1)(B)5., and
of a color that contrasts with the background on which it is displayed.
Figure 2
Click
here to view image
(B) Multiple levels of cleanliness.
Progressively clean engines shall carry the following notations (as
applicable):
1. An engine that has an FEL or
that has been certified at or below the hydrocarbon plus oxides of nitrogen
standard listed in Table 1 of this section for Tier 1 must include the phrase
"LOW EMISSION" and a single star symbol as shown in Figure 1.
2. An engine that has an FEL or that has been
certified at or below the hydrocarbon plus oxides of nitrogen standard listed
in Table 1 of this section for Tier 2 must include the phrase "VERY LOW
EMISSION" and two star symbols as shown in Figure 1.
3. An engine that has an FEL or that has been
certified at or below the hydrocarbon plus oxides of nitrogen standard listed
in Table 1 of this section for Tier 3 must include the phrase "ULTRA LOW
EMISSION" and three star symbols as shown in Figure 1.
4. An engine that has an FEL or that has been
certified at or below the hydrocarbon plus oxides of nitrogen standard listed
in Table 1 of this section for Tier 4 must include the phrase "SUPER ULTRA LOW
EMISSION" and four star symbols as shown in Figure 1.
5. An engine that has an FEL or that has been
certified at or below the hydrocarbon plus oxides of nitrogen standard listed
in Table 1 of this section for Tier 5 must include the phrase "LEVEL FIVE
EXTREMELY CLEAN" and five star symbols as shown in Figure 1.
Table 1.
Hydrocarbon plus Oxides of Nitrogen Standards (in
g/kW-hr)
| Tier | P
<4.3 | P >=4.3 |
| 1 | 81.00 | (0.25 x
(151+557/P0.9))+6.0 |
| 2 | 64.80 | (0.20 x
(151+557/P0.9))+4.8 |
| 3 | 30.00 | (0.09 x
(151+557/P0.9))+2.1 |
| 4 | 5.0 | 5.0 |
| 5 | 2.5 | 2.5 |
Where P means the average power in kW (sales-weighted) of
the subject engine family.
6. All phrases encircling the top portion
must have block characters that are a minimum of five (5) millimeters in height
except that the characters may be three (3) millimeters for labels sized as
allowed pursuant to paragraph (c)(1)(A)2. for engines that have power outputs
of 11.2 kW (15 hp) or less.
(C) Language other than that specified in
paragraph (b)(1)(B) must not be used unless permitted by the Executive
Officer.
(D) The color of the outer
oval and stars on the labels must contrast with the engine cover or watercraft
hull. The color of the interior oval (i.e., background for the stars) must
contrast with the color of the outer oval and stars.
(2) Label Location. For outboard engines, a
single label must be permanently affixed to the back of the engine cover or
cowling. For personal watercraft, a single label must be affixed two to three
inches to the right of the required location of the California Assigned Vessel
Number displayed on the port side of the hull. For sterndrive/inboard engines,
labels must be affixed to the engine and to the port side of the hull, either
to the right or left and in close proximity to the required location of the
California Assigned Vessel Number. Each label must be manufactured and
permanently affixed so that it cannot be removed without destroying or defacing
the label, must be readily visible and must not be affixed to any location that
is likely to be replaced during the engine's useful life. For the purposes of
this paragraph, readily visible means that the label's shape and number of
stars are discernible from a distance of 100 feet.
(3) The labels and any adhesives used must be
designed to withstand, for the engine's or watercraft's useful life, typical
environmental conditions in the area where the labels required by this section
are affixed. Typical equipment environmental conditions include, but are not
limited to, exposure to extreme heat or cold, moisture, engine fuels,
lubricants and coolants (e.g., gasoline, motor oil, saltwater, ethylene
glycol). The engine manufacturer must submit, with its certification
application, a statement attesting that its labels and engine identification
numbers comply with these requirements.
(4) For Personal Watercraft and Outboard
Marine Engines:
(A) Labels must be affixed to
new watercraft or engines by the engine manufacturer or the original equipment
manufacturer. If affixed by the original equipment manufacturer, the engine
manufacturer remains the ultimate party responsible for ensuring that the
labels are correctly administered. Improper labeling or distribution of labels
will subject the engine manufacturer to penalties as described in paragraph
(h).
(B) Labels on engines or
watercraft described in paragraphs (b)(2) and (b)(3) may be applied by either
the engine manufacturer, the original equipment manufacturer, distributors or
dealers. However, the engine manufacturer remains the ultimate party
responsible for ensuring that the labels are correctly administered. Improper
labeling or distribution of labels will subject the engine manufacturer to
penalties as described in paragraph (h). If the labels are applied by the
distributor or dealer, the engine manufacturer must include its name and a
serial number on the lower portion of the label as shown in Figure 1. The
format of the serial number will be two alpha characters followed by five
numeric characters (e.g., AA12345). The serial numbers must be recorded by the
distributor or dealer and reported to the manufacturer of the engine when
installed on a pre-2001 model year watercraft or engine. These numbers must be
made available to the Executive Officer upon request.
(5) For Sterndrive/Inboard Marine Engines:
(A) Labels on Engines. Labels must be affixed
to new engines by the engine manufacturer. The engine manufacturer is
responsible for ensuring that appropriate environmental labels are properly
applied to its engines. Improper labeling or distributing of labels will
subject the engine manufacturer to penalties as described in paragraph (h) of
this section.
(B) Labels on
Watercraft. Labels must be affixed to the port side of watercraft by the
watercraft/original equipment manufacturer. The watercraft/original equipment
manufacturer is responsible for ensuring that appropriate labels are properly
applied to its watercraft. Improper labeling or distributing of hull
environmental labels will subject the watercraft/original equipment
manufacturer to penalties as described in paragraph (h).
Engine manufacturers are responsible for providing labels
that correspond with the engine for all engines supplied to watercraft/original
equipment manufacturers. Engine manufacturers also are responsible for
providing to the watercraft/original equipment manufacturers instructions
regarding label selection and placement. Failure to provide appropriate labels
and instructions to the watercraft/original equipment manufacturer will subject
the engine manufacturer to penalties as described in paragraph (h) of this
section.
(d) If the engine or watercraft cannot be
adequately labeled under the requirements of paragraph (c), the engine
manufacturer may request modification of these requirements from the Executive
Officer.
(e) Replacement engines
installed in hulls, cowlings or watercraft that had been previously labeled in
accordance with these specifications must have identical or improved emissions
to that of the original certified engine in accordance with the provisions in
§
2442
(e).
(f) Samples of all labels produced pursuant
to this section must be submitted to the Executive Officer with the applicable
certification application.
(g)
Engines that are labeled in accordance with this section and subsequently
modified with add-on or modified parts that are not exempted by the Executive
Officer are subject to label removal by an ARB Enforcement Officer or other
authorized party.
(h) If the
Executive Officer finds any engine manufacturer using labels for which it has
responsibility for attaching that are different from those approved or that do
not substantially comply with the discernibility or durability requirements set
forth in these specifications, the engine manufacturer will be subject to being
enjoined from any further sales or distribution of applicable equipment product
line that uses noncompliant labels in the State of California pursuant to
section 43017 of the Health and Safety Code. If the Executive Officer finds any
engines or watercraft with labels that are not affixed in accordance with
paragraph (c)(1)(B), the engine manufacturer or watercraft/original equipment
manufacturer that was resonsible for label placement must remove the labels
from all affected watercraft and engines and will be subject to being enjoined
from any further sales or distribution, of applicable equipment product line
that uses noncompliant labels in the State of California pursuant to section
43017 of the Health and Safety Code. Additional penalties may be assessed to
the extent permissible under Part 5, Division 26 of the Health and Safety Code.
Before seeking remedial action against the engine or equipment manufacturer,
the Executive Officer will consider any information provided by the engine or
equipment manufacturer.
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 7-17-2009; operative 8-16-2009 (Register
2009, No. 29).
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.
