1. (a) This section applies to all off-highway recreational vehicles and engines used in such vehicles produced on or after January 1, 1997.

2. (b) For purposes of certification in California, manufacturers must comply with the following exhaust and evaporative emissions from new off-highway recreational vehicles and engines that are sold, leased, used, or introduced into commerce in California.

   1. (1) Exhaust emissions must not exceed:

      Exhaust Emission Standards Based on Chassis-Based Testing

      Vehicle

      Model Year

      Hyrdro-carbon (HC)

      Oxides of Nitrogen (NO_X)

      Carbon Monoxide (CO)

      Particulate Matter⁽⁴⁾

      Off-Road Motorcycles and All-Terrain Vehicles with Engines Greater Than 90 cc⁽¹⁾

      1997 through 2021 (g/km)⁽²⁾

      1.2⁽³⁾

      -

      15.0

      -

      Off-Road motorcycles and All-Terrain Vehicles with Engines 90 cc or Less

      1999 through 2021 (g/km)

      1.2⁽³⁾

      -

      15.0

      -

      Off-Road Motorcycles

      2022 through 2027 (g/km)

      2.0 HC + NOx⁽³⁾

      25.0

      2028 and later (g/km)

      1.2⁽³⁾

      15.0

      Off-Road Motorcycles and All-Terrain Vehicles with Engines Greater Than 90 cc

      1997 and later (g/km)

      Vehicles and engines that do not meet the emissions standards noted above may be certified subject to the use restrictions described in subsection (f) below.

      Off-Road Motorcycles and All-Terrain Vehicles with Engines 90 cc or Less

      1999 and later (g/km)

      Off-Road Sport Vehicles and Off-Road Utility Vehicles

      2007 through 2021 (g/km)

      1.2⁽³⁾

      -

      15.0

      -

      All-Terrain Vehicles, Off-Road Sport Vehicles, Off-Road Utility Vehicles

      2022 through 2024 (g/km)

      1.1⁽³⁾

      15.0

      2025 through 2027 (g/km)

      1.0⁽³⁾

      15.0

      2028 and later (g/km)

      0.9⁽³⁾

      15.0

      Sand Cars

      2007 and later (g/km)

      1.2⁽³⁾

      -

      15.0

      -

      Golf Carts in Federal Ozone Non-Attainment Areas

      1997 and later (g/km)

      ZERO

      ZERO

      ZERO

      ZERO

      __________

3. 1. Cubic centimeters.
4. 2. Grams per kilometer.
5. 3. Compliance with the applicable HC and HC + NO_x standards to be applied as a “corporate average” shall be determined as provided in subsection (d). Each engine family shall have only one applicable standard.

6. 4. Applicable to diesel and two-stroke spark ignited engines only.

   Emission Standards Based on Optional Engine-Based Testing⁽¹⁾

   Vehicle & Model Year

   Hydrocarbon plus Oxides of Nitrogen (HC + NO_x)

   Carbon Monoxide (CO)

   Particulate Matter⁽⁵⁾

   All-Terrain Vehicles with engines less than 225 cc⁽²⁾

   16.1⁽⁴⁾

   400

   -

   1997 and Later (g/kW-hr)⁽³⁾

   All Terrain Vehicles with engines greater than or equal to 225 cc

   13.4⁽⁴⁾

   400

   -

   1997 and Later (g/kW-hr)

   Off-Road Sport Vehicles and

   Off-Road Utility Vehicles

   12.0⁽⁴⁾

   400

   -

   2007 and Later (g/kW-hr)

   Sand Cars

   13.4⁽⁴⁾

   400

   -

   2007 and Later (g/kW-hr)

   __________

7. 1. All-Terrain Vehicles, Off-Road Sport Vehicles, Off-Road Utility Vehicles, and Sand Cars may use the utility test procedures set forth in the “California Exhaust Emission Standards and Test Procedures for 1995-2004 Small Off-Road Engines,” as incorporated by reference in CCR, title 13, section 2403(d). The test cycle is limited to the 6-mode Test Cycle A only.

   1. 2. Cubic centimeters.
   2. 3. Grams per kilowatt-hour.
   3. 4. Compliance with the optional HC+NO_x standard to be applied as a “corporate average” shall be determined as provided in subsection (d). Each engine family shall have only one applicable standard.
   4. 5. Applicable to diesel and two-stroke spark ignited engines only.

   5. (2) Evaporative emissions. With the exception of vehicles certified solely with compression-ignition engines, evaporative emissions must not exceed:

      Evaporative Emissions

      Vehicle & Model Year

      Emission Component

      Permeation Standard

      Test Temperature

      ALL Off-Highway Recreational Vehicles

      Fuel Tank Permeation

      1.5

      28 °C (82 °F)

      2008 and Later g/m²/day⁽¹⁾

      Hose Permeation

      15.0

      23°C (73 °F)

      __________

8. 1. Grams per square meter per day.

   1. (A) Golf carts,
   2. (B) Off-road motorcycles and all-terrain vehicles, and engines used in such vehicles, for model years 2021 or earlier, as described in subsection (f) below.

   3. (2) The test procedures for determining certification and compliance with the standards for exhaust emissions from all-terrain vehicle, off-road sport vehicle, off-road utility vehicle, and sand car engines (those engines utilizing the engine-based optional standards noted in (b) above) are set forth in “California Exhaust Emission Standards and Tests Procedures for 1995-2004 Small Off-Road Engines,” adopted March 20, 1992, and as last amended July 26, 2004, which is hereby incorporated by reference. For 2013 and later model years, the test fuel requirements for engines utilizing such optional standards are specified in § 1065.701, of the “California Exhaust Emission Standards and Test Procedures for New 2013 and Later Small Off-Road Engines; Engine-Testing Procedures (Part 1065),” adopted October 25, 2012, which is hereby incorporated by reference.

      1. (A) For purposes of calculating the “corporate average,” zero emission off-road vehicles shall be assigned an HC or HC + NO_x exhaust emission standard of negative one (--1).

      (d)(1) For chassis-based testing, compliance with a standard to be applied as a “corporate average” shall be determined as follows:

      

      n = Off-highway recreational vehicle engine families.

      PROD_jx = Number of units in engine family j produced for sale in California in model year x

      STD_jx = The manufacturer designated exhaust emission standard for engine family j in model year x, which shall be determined by the manufacturer subject to the following conditions: (1) no individual engine family exhaust emission standard shall exceed 10 g/km HC or 20 g/km HC + NO_x, and (2) no engine family designation or engine family exhaust emission standard shall be amended in a model year after the engine family is certified for the model year, and (3) prior to sale or offering for sale in California, each engine family shall be certified in accordance with “California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines” adopted November 22, 1994 and as last amended October 9, 2019, and shall be required to meet the manufacturer's designated HC exhaust emission standard as a condition of the certification Executive Order. Prior to certification the manufacturer shall also submit estimated production volumes for each engine family to be offered for sale in California.

      STD_ca = A manufacturer's corporate average HC exhaust emissions from those California off-highway recreational vehicles subject to the California corporate average HC exhaust emissions standard, as established by an Executive Order certifying the California production for the model year. This order must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year and shall include but not be limited to the following requirements in subsection (e) below:

   4. (2) For the optional engine-based testing, compliance with a standard to be applied as a “corporate average” shall be determined as follows:

      1. (A) vehicle identification numbers and an explanation of the identification code if applicable;
      2. (B) model number and engine size of vehicle;
      3. (C) the total number of vehicles marketed and produced for sale in California and their applicable designated emissions standards.

      

      where

      n = the number of small off-road engine families.

      FEL = the Family Emission Level for an engine family.

      Sales_j = the eligible sales of engine family _j.

      where

      Power_j = the sales-weighted maximum modal power (in kilowatts) of engine family j, or an alternative approved by the Executive Officer.

      EDP_j = the Emissions Durability Period of engine family j.

      Load Factor = the Load Factor is 47% (i.e., 0.47).

      STD_ca = A manufacturer's corporate average HC+NO_x exhaust emissions from those California off-highway recreational vehicles subject to the California corporate average HC+NO_x exhaust emissions standard, as established by an Executive Order certifying the California production for the model year. This order must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year and shall include but not be limited to the following requirements in subsection (e) below:

      (e)(1) During the manufacturer's production year, for each vehicle produced for sale in California, the manufacturer must provide the following information to the Executive Officer within 30 days after the last day in each calendar quarter:

   5. (2) The manufacturer's average HC or HC+NO_x exhaust emissions, as applicable, shall meet the corporate average standard at the end of the manufacturer's production for the model year.
   6. (3) Production and sale of vehicles which result in noncompliance with the California standard for the model year shall cause a manufacturer to be subject to civil penalties, according to applicable provisions of the Health and Safety Code. All excess emissions resulting from noncompliance with the California standard shall be made up in the following model year.
   7. (4) For a period of up to one year following the end of the model year, for each model the manufacturer shall submit California sales and registration data as it becomes available.

   (c)(1) The test procedures for determining certification and compliance with the standards for exhaust and evaporative emissions from new off-highway recreational vehicles are set forth in “California Exhaust Emission Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines,” adopted November 22, 1994, and last amended October 9, 2019, which are hereby incorporated by reference and which in turn incorporate by reference Subparts E and F of Part 86, and Subparts A, B, C, F and I of Part 1051, Title 40, Code of Federal Regulations. Manufacturers of the following are not required to perform emissions testing, but must file an application of certification and comply with the administrative requirements outlined in the procedures to certify their vehicles for sale in California:

9. (f) Off-road motorcycles and ATVs of model years 2003 through 2021, and engines used in such vehicles, that do not meet the emissions standards in subsection (b) above may operate only during certain periods of time at certain off-highway vehicle (OHV) riding areas until January 1, 2025. Section 2415 of this Article lists these California OHV riding areas and their associated riding seasons for off-highway recreational vehicles that are subject to use restrictions.

   1. (2) On or after January 1, 1997, manufacturers may not produce for sale in federal ozone non-attainment areas of California new, non-zero emission engines for golf carts.
   2. (3) On or after January 1, 1999, no new engines 90 cc or less may be produced for sale to replace off-road motorcycle and all-terrain vehicle engines, unless those engines comply with the emission control standards in effect at the time of replacement.
   3. (4) On or after January 1, 2007, no new engines may be produced for sale to replace engines in off-road sport vehicles, off-road utility vehicles, or sand cars, unless those engines comply with the emission control standards in effect at the time of replacement.

   (g)(1) On or after January 1, 1997, no new engines greater than 90 cc may be produced for sale to replace off-road motorcycles, all-terrain vehicles and engines used in such vehicles, unless those engines comply with the emission control standards in effect at the time of replacement.

10. (h) The Executive Officer may find that any off-highway recreational vehicles or engines used in such vehicles certified to comply with California emission standards and test procedures for on-road or other off-road applications are in compliance with these regulations.

11. (i) No crankcase emissions shall be discharged into the ambient atmosphere from the following vehicles, or from engines used in such vehicles:

    1. (1) 1997 and later off-road motorcycles, all-terrain vehicles, golf carts;
    2. (2) 2007 and later off-road sport vehicles, off-road utility vehicles, and sand cars.

Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health and Safety Code. Reference: Sections 43013, 43018, 43102, 43104 and 43107, Health and Safety Code.

History

1. New section filed 1-26-95; operative 1-26-95 pursuant to Government Code section 11343.4(d) (Register 95, No. 4). Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. § 7543(e)(2)), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA.

2. U.S. EPA granted California authorization on December 23, 1996 (61 Fed.Reg. 69093, December 31, 1996).

3. Editorial correction of subsections (d) and (e) (Register 97, No. 8).

4. Amendment of Table in subsection (b) and footnote 6 filed 2-20-97; operative 2-20-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 8).

5. Change without regulatory effect amending subsection (b) table filed 5-14-97 pursuant to section 100, title 1, California Code of Regulations (Register 97, No. 20).

6. Amendment filed 3-23-99; operative 3-23-99 pursuant to Government Code section 11343.4(d) (Register 99, No. 13).

7. Amendment of subsection (b) -- Emissions Standards table and amendment of subsection (c)(1) filed 10-19-99; operative 11-18-99 (Register 99, No. 43).

8. Amendment filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).

9. Change without regulatory effect amending subsection (b) filed 4-14-2003 pursuant to section 100, title 1, California Code of Regulations (Register 2003, No. 16).

10. Amendment of section and Note filed 7-16-2007; operative 8-15-2007 (Register 2007, No. 29).

11. Amendment of subsections (c)(1), (c)(2) and (d)(1) filed 12-11-2012; operative 1-10-2013 (Register 2012, No. 50).

12. Amendment of subsections (b)(1), (c)(1), (c)(1)(B) and (d)(1), new subsection (d)(1)(A) and amendment of subsection (f) filed 11-26-2019; operative 1-1-2020 (Register 2019, No. 48).