Section 2440 - Applicability(a)(1) This article applies to model year 2001 and later spark-ignition marine engines, unless otherwise indicated.(2) Every new spark-ignition marine engine that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into California for introduction into commerce, and which is subject to any of the standards prescribed in this article must be covered by an Executive Order, issued pursuant to this article.(3) Spark-ignition sterndrive/inboard marine engines produced by the engine manufacturer to be used solely for competition are exempt from the requirements of this article, except section 2443.1, provided that the marine watercraft in which the engine is installed is designed, built, and used solely for competition. Marine watercraft not registered with a nationally-recognized organization that sanctions professional competitive events or used for amateur or occasional competition do not meet the competition exemption criteria.(b) Each part of this article is severable, and in the event that any part of this chapter is held to be invalid, the remainder of this article remains in full force and effect.(c)(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 90.908, which is incorporated by reference herein. 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 91, subpart B, which is incorporated by reference herein.(3) The U.S. Department of Defense shall submit to the ARB a list of all vehicles and equipment 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 any calendar year, the U.S. Department of Defense shall update the list and submit it to the ARB by January 1 of the following year.(d) For 2018 and subsequent model years, the requirements set forth in Article 4, Chapter 15, Division 3, Title 13, California Code of Regulations shall take precedent and supersede the evaporative requirements in this Article.Cal. Code Regs. Tit. 13, § 2440
1. New article 4.7 (sections 2440-2448) and section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment of subsection (a)(1), repealer of subsection (a)(2), subsection renumbering, new subsection (a)(3) and amendment of subsection (c)(2) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
3. Amendment of subsection (a)(3) filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29).
4. New subsection (d) filed 2-8-2016; operative 4-1-2016 (Register 2016, No. 7). 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.
1. New article 4.7 (sections 2440-2448) and section filed 12-8-99; operative 1-7-2000 (Register 99, No. 50).
2. Amendment of subsection (a)(1), repealer of subsection (a)(2), subsection renumbering, new subsection (a)(3) and amendment of subsection (c)(2) filed 7-22-2002; operative 8-21-2002 (Register 2002, No. 30).
3. Amendment of subsection (a)(3) filed 7-17-2009; operative 8-16-2009 (Register 2009, No. 29).
4. New subsection (d) filed 2-8-2016; operative 4/1/2016 (Register 2016, No. 7).