* * State regulations require that this notice be mailed to all persons * * *
who submitted comments during the Spark-Ignition Marine Engine public comment period
State of California
AIR RESOURCES BOARD
Notice of Public Availability of Modified Text
PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE SPARK-IGNITION MARINE ENGINE REGULATIONS
Public Hearing Date: December 10, 1998
Internet Posting Date: June 21, 1999
Public Availability Date: June 28, 1999
Deadline for Public Comment: July 15, 1999
At a public hearing held December 10, 1998, the Air Resources Board (ARB or the Board) considered adopting sections 2440 through 2447, Title 13, California Code of Regulations ("CCR") and the "California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines" ("Test Procedures"). The purpose of the regulations and test procedures is to reduce emissions of hydrocarbons and oxides of nitrogen from spark-ignition marine engines, specifically outboard marine and personal watercraft engines. The proposed regulatory action is described in detail in the Staff Report, released October 13, 1998.
At the hearing, the Board approved the adoption of sections 2440 through 2447, Title 13, CCR, with modifications to the originally proposed regulatory language. Resolution 98-63 is included as Enclosure 1. The regulatory sections, with the modifications noted, are contained in Enclosure 2, while the test procedures, also with modifications noted, are contained in Enclosure 3. The following is a description, by section number, of the significant modifications:
§2440 - Applicability. Pursuant to federal provisions for a national security exemption, language has been added to section 2440 to exempt military tactical vehicles and equipment from the California standards and regulations for new spark-ignition marine engines. §2441 - Definitions.§2442(a) and (b) - Emission Standards.
In response to a manufacturer request, staff has included an option for engine manufacturers to certify engine families directly to the emission standards rather than on a corporate average basis. This approach would eliminate the need for corporate averaging records to be maintained and reported to the ARB.
The maximum allowable family emission limit (FEL) for model year 2001 was revised to "Not Applicable" to provide greater flexibility to manufacturers in complying with the applicable emission standard during the early years of implementation. Also, the definition of power was separated for use in determining both the applicable emission standard and corporate average emissions. Other minor changes were included to require a manufacturer to certify its corporate average plan in advance of any engine family certification application, to clarify reporting requirements for consistency with the time periods used by the United States Environmental Protection Agency (U.S. EPA), and to allow revision of FELs by the manufacturer. Below are the modified emission standards (in Table 1) and corporate average:
Table 1
Corporate Average Emission Standards by Implementation Date
|
|||
Model Year |
Max. Family Emission Limit (FEL) |
Ptx < 4.3 kW |
Ptx > 4.3 kW |
2001 |
Not Applicable |
81.00 |
(0.25 x (151+557/Ptx0.9))+6.0 |
2004 |
80 |
64.80 |
(0.20 x (151+557/Ptx0.9))+4.8 |
2008 |
44 |
30.00 |
(0.09 x (151+557/Ptx0.9))+2.1 |
where:
Ptx is the average power in kW (sales-weighted) of the total number of spark-ignition marine engines produced for sale in California in model year x. Engine manufacturers must not determine Ptx by combining the power outputs of outboard engines with the power outputs of personal watercraft engines.
(b)	An engine manufacturer may comply with the standards directly on an individual engine family basis. Consequently in Table 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 standards on a corporate average basis is determined as follows:
	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; (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. |
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, 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. |
§2443.1- Emission Control Labels. Staff has removed the requirement for the engine label to be made of either plastic or metal because any material may be acceptable provided it meets the all durability provisions. Manufacturers are also given the option to include either their name or trademark on the label, and the compliance statement has been modified to harmonize more closely to that of the U.S. EPA.
§2443.2 - Environmental Labeling. As directed by the Board, working closely with the marine industry and local water agencies, staff has developed new, uniform label designs that denote compliance with the ARB's three emission tiers (see below). The designs are more visible for enforcement use while minimizing visual conflicts with an engine manufacturer's existing graphics. Also as the Board directed, engine manufacturers may label engines produced before the 2001 model year with environmental labels provided they submit data demonstrating compliance with any of the three tiers of emission standards. For any pre-2001 engine certified under the federal marine regulations, compliance will be determined by the engine family's assigned Family Emission Limit (FEL). All other pre-2001 engines must use the actual emission level determined using the required test procedures and deteriorated by an additional thirty percent. This deterioration factor is typical of the compliance margin needed by production engines to comply with the applicable emission standard. Alternative compliance demonstrations may be allowed if they are deemed equivalent by the Executive Officer.
In order to minimize possible mislabeling or fraud, dealers may affix environmental labels on pre-2001 engines only if the engine manufacturer includes printed serial numbers on the label. These numbers must be available to the Executive Officer upon request. The use of serial numbers is intended to deter the removal or duplication of authentic labels for use on non- eligible engines. Mislabeling (e.g., affixing an "Ultra Low Emission" label on an engine or watercraft that only meets the "Low Emission" designation) will require manufacturers to remove the noncompliant labels from the affected watercraft/engines.
The language for replacement engines has been clarified to allow for engines that have emissions either identical to or better than the originally certified engine.
§2443.3 - Environmental Label/Consumer Notification Requirements. The applicability of the environmental label/ consumer notification has been added to section 2443.3 in order to be consistent with other marine regulatory provisions. Manufacturers are now required to have facsimiles of the three environmental labels printed on the "hang tag" with the appropriate label marked for the subject engine, except for outboard engines equal to or above 130 horsepower, and except for all personal watercraft that are required to show only the Tier 1 2001 and Tier 2 2004 labels until the 2001 model year or until such time that the Executive Officer deems necessary. This flexibility was provided to allow sufficient time for manufacturers to meet possible consumer demand for Tier 3 2008- compliant engines.The standardized language to be printed on the hang tag has also been modified.
§2444 - In-Use Compliance and Recall.§2445.1 - Defects Warranty Requirements.
§2445.2 - Emission Control Warranty Statement
Language in the portion of the statement related to the manufacturer's warranty coverage has been modified to clarify that certain emission-related parts, not the entire engine, are covered for the requisite warranty period.
§2446 - Production-Line Testing.§2448 - Sunset Review of Marine Regulations. Pursuant to Governor's Executive Order W-144-97, this section was added to the regulations and requires the review of the regulations within five years of their implementation to determine if they should be retained, revised or repealed.
Test Procedures - In addition to changes listed below, staff has made numerous minor revisions to the test procedures that make them consistent with corresponding provisions in the regulations, as well as others that closely follow the federal regulations.
Staff has also made other modifications throughout the regulations and test procedures to correct grammatical and typographical errors, correct references and citations, increase alignment with the U.S. EPA regulations, and improve the clarity of the regulations and test procedures.
As noted above, Enclosure 1 contains a copy of Board Resolution 98-63, approving the above described regulatory
action. Enclosures 2 and 3 contain the text of the modified regulatory language and associated test procedures,
respectively, with additions to the originally proposed text shown in underline and deletions shown in strikeout.
Enclosures 4 and 5 are documents proposed for incorporation by reference in the modified language and relied upon
in the formulation of the modified regulatory language. All of these enclosures are available online at the ARB's
Internet site for the Spark-Ignition Marine Engine regulatory documents --
http://www.arb.ca.gov/regact/marine/marine.htm. Printed copies are also available and may be obtained
from Ms. Joyce Stephanik, Mobile Source Control Division, at telephone (626) 575-6632 or fax (626) 575-6686.
In accordance with section 11346.8 of the Government Code, the Board directed the Executive Officer to adopt sections 2440 through 2447, as approved, after making the modified regulatory language available to the public for comment for a period of at least 15 days, provided that the Executive Officer shall consider such written comments as may be submitted during this period, shall make further modifications as may be appropriate in light of the comments received, and shall present the regulations to the Board for further consideration if he determines that this is warranted.
Written comments must be submitted to the Clerk of the Board, Air Resources Board, P.O. Box 2815, Sacramento, California 95812, no later than July 15, 1999, for consideration by the Executive Officer prior to final action. Only comments relating to the modifications described in this notice, will be considered by the Executive Officer.