Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
(1) This article shall be applicable to new
heavy-duty off-road compression-ignition engines, including all heavy-duty
off-road alternate-fueled compression-ignition engines, including those engines
derived from existing diesel cycle engines (hereinafter all such engines shall
be referred to as compression-ignition engines), produced on or after January
1, 1996, and all other new 2000 model year and later off-road
compression-ignition engines, with the exception of all engines and equipment
that fall within the scope of the preemption of Section 209(e)(1) of the
Federal Clean Air Act (42
U.S.C. 7543(e)(1) and as
defined by regulation of the U.S. Environmental Protection Agency.
(2) For any engine that is not a distinctly
compression-ignition engine nor derived from such, the Executive Officer shall
determine whether the engine shall be subject to these regulations, taking into
consideration the relative similarity of the engine's torque-speed
characteristics with those of compression-ignition engines.
(3) Every new off-road compression-ignition
engine that is manufactured for sale, sold, offered for sale, introduced or
delivered for introduction into commerce, or imported into California and that
is subject to any of the standards prescribed in this article and documents
incorporated by reference therein, is required to be certified for use and sale
by the manufacturer through the Air Resources Board and covered by an Executive
Order, issued pursuant to Chapter 9, Article 4, Section
2423.
(b) Each part of this article shall be deemed
severable, and in the event that any part of this chapter or article is held to
be invalid, the remainder shall continue in full force and effect.
(c) This article and documents incorporated
by reference herein, include provisions for certification, labeling
requirements, warranty, in-use compliance testing, quality-audit testing, and
certification testing.
(d)
(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 89.908 . 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 89, subpart
B.
(3) On January 1, 1997, the U.S.
Department of Defense shall submit to the ARB a list of all vehicle and
equipment types 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 the previous 12 months, the U.S. Department
of Defense shall update the list and submit it to the ARB by January 1 of the
following year.
1. New
chapter 11 (sections 2420-2427) filed 6-9-93; operative 7-9-93 (Register 93,
No. 24).
2. Editorial correction restoring inadvertently omitted
chapter heading (Register 93, No. 48).
3. Change without regulatory
effect deleting chapter heading and amending article heading, section and NOTE
filed 12-22-93 pursuant to title 1, section
100, California Code of
Regulations (Register 93, No. 52).
4. New subsections (d)(1)-(d)(3)
filed 7-3-96; operative 7-3-96 pursuant to Government Code section
11343.4(d)
(Register 96, No. 27).
5. Amendment of subsections (a)(1)-(a)(3) and
(c) and amendment of NOTE filed 12-28-2000; operative 12-28-2000 pursuant to
Government Code section
11343.4(d)
(Register 2000, No. 52).
6. Amendment of article heading and
amendment of subsection (a)(1) filed 12-7-2005; operative 1-6-2006 (Register
2005, No. 49).
Note: Authority cited: Sections
39600,
39601,
43013,
43018,
43101,
43102,
43104
and
43105,
Health and Safety Code. Reference: Sections
43013,
43017,
43018,
43101,
43102,
43104,
43105,
43150-
43154,
43205.5
and
43210-
43212,
Health and Safety Code.
