Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a)
Applicability. This
section shall apply to new 1996-1999 model year heavy-duty off-road
compression-ignition engines and new 2000 and later model year
compression-ignition engines. For 2011 and later model year
compression-ignition engines the requirements in § 1039.120 and §
1039.125 of the 2011 and Later Test Procedures, Part I-D, shall also apply. The
warranty period shall begin on the date the engine or equipment is delivered to
an ultimate purchaser. The use of alternate fuels shall not void the warranties
on any engine certified to use such fuel.
(b)
General Emissions Warranty
Coverage. The manufacturer of each off-road compression-ignition
engine shall warrant to the ultimate purchaser and each subsequent purchaser
that the engine is:
(1) Designed, built, and
equipped so as to conform with all applicable regulations adopted by the Air
Resources Board pursuant to its authority in Chapters 1 and 2, Part 5, Division
26 of the Health and Safety Code; and
(2) Free from defects in materials and
workmanship which cause the failure of a warranted part to be identical in all
material respects to the part as described in the engine manufacturer's
application for certification for a period of five years or 3,000 hours of
operation, whichever occurs first, for all engines rated at 19kW and greater,
except as noted below. In the absence of a device to measure hours of use, the
engine shall be warranted for a period of five years. For all engines rated
less than 19kW, and for constant-speed engines rated under 37kW with rated
speeds higher than or equal to 3,000 rpm, the period of two years or 1,500
hours of operation, whichever occurs first, shall apply. In the absence of a
device to measure hours of use, the engine shall be warranted for a period of
two years.
(c) The
warranty on emissions-related parts shall be interpreted as follows:
(1) Any warranted part which is not scheduled
for replacement as required maintenance in the written instructions required by
Subsection (e) shall be warranted for the warranty period defined in Subsection
(b)(2). If any such part fails during the period of warranty coverage, it shall
be repaired or replaced by the engine manufacturer according to Subsection (4)
below. Any such part repaired or replaced under the warranty shall be warranted
for the remaining warranty period.
(2) Any warranted part which is scheduled
only for regular inspection in the written instructions required by Subsection
(e) shall 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" shall not reduce the period of warranty coverage. Any such part
repaired or replaced under warranty shall be warranted for the remaining
warranty period.
(3) Any warranted
part which is scheduled for replacement as required maintenance in the written
instructions required in Subsection (e) shall 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 shall be repaired or
replaced by the engine manufacturer according to Subsection (4) below. Any such
part repaired or replaced under warranty shall be warranted for 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 shall be
performed at no charge to the owner at a warranty station.
(5) Notwithstanding the provisions of
Subsection (4) above, warranty services or repairs shall be provided at all
manufacturer distribution centers that are franchised to service the subject
engines.
(6) The owner shall 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) The engine
manufacturer shall be liable for damages to other engine components proximately
caused by a failure under warranty of any warranted part.
(8) Throughout the engine's warranty period
defined in Subsection (b)(2), the engine manufacturer shall maintain a supply
of warranted parts sufficient to meet the expected demand for such
parts.
(9) Any replacement part, as
defined in Section
1900(b)(13),
Title 13, may be used in the performance of any maintenance or repairs and must
be provided without charge to the owner. It is not necessary for replacement
parts to be the same brand or by the same manufacturer as the original part
sold with the engine. Such use shall not reduce the warranty obligations of the
engine manufacturer.
(10) Add-on or
modified parts, as defined in Section
1900(b)(1) and
(b)(10), Title 13, that are not exempted by
the Air Resources Board may not be used. The use of any non-exempted add-on or
modified parts shall be grounds for disallowing a warranty claim made in
accordance with this article. The engine manufacturer shall not be liable under
this article to warrant failures of warranted parts caused by the use of a
non-exempted add-on or modified part.
(11) The Executive Officer may request and,
in such case, the engine manufacturer shall provide, any documents which
describe that manufacturer's warranty procedures or
policies.
(d) Each
manufacturer shall include a copy of the following emission warranty parts list
with each new engine, using those portions of the list applicable to the
engine.
(1) Fuel Metering System
(A) Fuel injection system.
(B) Air/fuel ratio feedback and control
system.
(C) Cold start enrichment
system.
(2) Air Induction
System
(A) Controlled hot air intake
system.
(B) Intake
manifold.
(C) Heat Riser Valve and
Assembly.
(D)
Turbocharger/Supercharger Systems.
(E) Charge Air Cooling
Systems.
(3) Exhaust Gas
Recirculation (EGR) System
(A) EGR valve body,
and carburetor spacer if applicable.
(B) EGR rate feedback and control
system.
(4) Air injection
System
(A) Air pump or pulse valve.
(B) Valves affecting distribution of
flow.
(C) Distribution
manifold.
(5) Catalyst or
Thermal Reactor System
(A) Catalytic
converter.
(B) Thermal
reactor.
(C) Exhaust
manifold.
(6) Particulate
Controls
(A) Traps, filters, precipitators,
and any other device used to capture particulate emissions.
(B) Regenerators, oxidizers, fuel additive
devices, and any other device used to regenerate or aid in the regeneration of
the particulate control device.
(C)
Control Device Enclosures and Manifolding.
(D) Smoke Puff Limiters.
(7) Advanced Oxides of Nitrogen (NOx)
Controls
(A) NOx Adsorbers
(B) Lean NOx Catalysts
(C) Selective Catalyst Reduction
(D) Reductant (urea/fuel)
containers/dispensing systems
(8) Positive Crankcase Ventilation (PCV)
System.
(A) PCV Valve.
(B) Oil Filler Cap.
(9) Miscellaneous items Used in Above Systems
(A) Vacuum, temperature, and time sensitive
valves and switches.
(B) Electronic
control units, sensors, solenoids, and wiring harnesses.
(C) Hoses, belts, connectors, assemblies,
clamps, fittings, tubing, sealing gaskets or devices, and mounting
hardware.
(D) Pulleys, belts and
idlers.
(E) Emission Control
Information Labels.
(F) Any other
part with the primary purpose of reducing emissions or that can increase
emissions during failure without significantly degrading engine
performance.
(e) Each manufacturer shall furnish with each
new engine written instructions for the maintenance and use of the engine by
the owner. The instructions shall be consistent with this article and
applicable regulations contained herein. In addition, for engines less than 19
kilowatts, each manufacturer shall furnish with each new engine a written
statement as follows: "In order to operate in California, a diesel-fueled
engine in an auxiliary power system used to comply with the Airborne Toxic
Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling
requirements of the California Code of Regulations, must have one of the
following apply:
(1) be equipped with a
verified Level 3 in-use strategy for particulate matter control,
(2) have its exhaust routed directly into the
vehicle's exhaust pipe, upstream of the diesel particulate matter
aftertreatment device, or
(3) use an
alternate particulate matter control strategy with prior Executive Officer
approval. (For more details, please see the California Code of Regulations,
title 13, section
2485(c)(3)(A).)"
(f) Each manufacturer shall submit the
documents required by Subsections (d) and (e) with the manufacturer's
preliminary application for engine certification for approval by the Executive
Officer. Approval by the Executive Officer of the documents required by
Subsections (d) and (e) shall be a condition of certification. The Executive
Officer shall approve or disapprove the documents required by Subsections (d)
and (e) within 90 days of the date such documents are received from the
manufacturer. (Title 17, California Code of Regulations (CCR), Section Title
17, California Code of Regulations (CCR), Section
Title 17,
California Code of Regulations (CCR), Section
60030.) Any disapproval shall be accompanied
by a statement of the reasons therefore. In the event of disapproval, the
manufacturer may file for an adjudicative hearing pursuant to Title 17,
California Code of Regulations Division 3, Chapter 1, Subchapter 1.25, Articles
1 and 2, to review the decision of the Executive Officer.
(g) In the application, each manufacturer
shall include a statement concerning proper maintenance of the engine to
maximize emissions performance. The statement shall include, but not be limited
to, information on air filter care and replacement schedule, proper fueling and
fuel mixing, engine maintenance, and a maintenance schedule to ensure that the
owner returns to a servicing center to check for deposits, debris build-up,
etc.
1. New
article 3 and section filed 6-9-93; operative 7-9-93 (Register 93, No.
24).
2. Change without regulatory effect repealing article heading
and amending subsection (e) and NOTE filed 12-22-93 pursuant to title 1,
section 100, California Code of
Regulations (Register 93, No. 52).
3. Amendment of subsection
(c)(10) filed 8-29-2000; operative 9-28-2000 (Register 2000, No.
35).
4. Amendment of section heading, section and NOTE filed
12-28-2000; operative 12-28-2000 pursuant to Government Code section 11343.4(d)
(Register 2000, No. 52).
5. Amendment of subsection (d)(2)(D), new
subsections (d)(7)-(d)(7)(D), subsection renumbering, amendment of newly
designated subsection (d)(9)(B), new subsections (d)(9)(E)-(F) and amendment of
subsection (f) filed 12-7-2005; operative 1-6-2006 (Register 2005, No.
49).
6. Amendment of subsection (e) filed 10-16-2006; operative
11-15-2006 (Register 2006, No. 42).
7. Amendment of subsection (a)
filed 12-11-2012; operative 1-10-2013 (Register 2012, No.
50).
Note: Authority cited: Sections 39600, 39601, 43013,
43018, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference:
Sections 43013, 43017, 43018, 43101, 43102 and 43205.5, Health and Safety
Code.
