I've been looking over the ARB rules and some things for some type of loophole and I think I found something. Although I wouldn't really even call it a loophole. It appears to be fairly straightforward logic and/or reasoning.

http://www.arb.ca.gov/msprog/aftermkt/replace.htm

Replacement Engines Entire engines can be replacement parts. As with any other replacement part, the engine must be identical to the original. If the replacement block or engine is obtained without emissions equipment, all the equipment from the original engine must be installed on the replacement block. If the engine is not identical to the original then it is not a replacement part, instead it is considered an engine change. Engine changes are a modification that must meet certain requirements to be legal (please see "Engine Changes").

Japanese Replacement Engines Used engines imported from Japan can be used as replacement engines as long as the engine being used has been identified as functionally identical to the original engine. Please refer to the engine importers catalogue to determine if a replacement engine is legal for installation in your vehicle.

Engine Changes Engine changes are legal as long as the following requirements are met to ensure that the change does not increase pollution from the vehicle:

• 1. The engine must be the same year or newer than the vehicle.
• 2. The engine must be from the same type of vehicle (passenger car, light-duty truck, heavy-duty truck, etc.) based on gross vehicle weight.
• 3. If the vehicle is a California certified vehicle then the engine must also be a California certified engine.
• 4. All emissions control equipment must remain on the installed engine.

When you look over Engine Changes, it appears that swapping a JDM H22a in my car would pass 1, 2, and 4 easily. Now for 3, my car is a California certified vehicle so my engine has to be a California certified engine. Ok, so I looked up that phrase and I found nothing defining it at the ARB website. I actually found nothing defining anywhere, actually.

So it's safe to say that that term can be loosely translated. I would think it would mean that it has to be an engine that can be certified to pass smog in CA and is legal for us in CA.

So, looking back to Replacement Engines and Japanese Replacement Engines, you see that you can swap a replacement engine into your car, assuming it's going into the SAME EXACT CAR IF the emissions equipment is swapped over to the car as well. This is what makes it an California certified vehicle, the emissions equipment. So assuming that that is how you do a proper engine swap and you're using all the original oem smog equipment as if it were going into, say, a Honda Prelude which is what it was originally designed for, then it should pass 3 if you do it that way and put it into an older vehicle, such as mine.

The key to this logic is what ARB stands for. Their goal is to get emissions down. I think going from OBD 0, which is what my car currently is, to OBD 1 which is what my car would become helps attain that goal and furthers their goal.

I think I'm gonna call around and see if this checks out. If not, I might have to sue to get a declatory judgment that this is correct.

ps This "engine importers catalogue" is completely non-existent. I have never been able to find this. Anywhere.

 

let me know how this works for you.. i'm looking to do a JDM H22A into my 95 accord wagon.

 

Just wanted to do a quick update on this.

So my car registration is long overdue. I paid the fees but need a test only.

As you know, I am finishing my swap, I scheduled a visit with the ref and my timing was only 6 degrees btdc which is weird 'cause i thought i had it. So my hydrocarbons are off. Hopefully when I time it that will fix it. The cool thing is the sticker after I pass is only $8.50 but the test only test would be like 60 so as long as this test counts as smog it will be a big discount.

Anyway back to my inspection. This guy is going to let me slide on my accord map sensor and egr stuff 'cause I got all my vacuum hoses correct and there are no extra components they use the same components just technically different. I'm pretty happy about that but he's making me get a carb exempt header since I was using a cheap ebay one. So I'm waiting on my DC sports to come in and then get that on and take my test again. So this is possible, probably just need the right guy.

 

So the Ref had no issues with you using the H22A engine for the swap rather than a H22A1? Seems like depending on where you go you get different responses on that part of the swap issue.
Name and place you went to for the Ref/Station would be helpful for future swappers.

 

The are functionally the same exact engine(been identified as functionally identical to the original engine (from above rules)). so in other words it would be like putting an H22a into a H22a1 car and then H22a1 into F22a4 car. Hence H22a into F22a4 car.

The key really is that I technically need prelude smog components from intake to the cat(since past cat isn't regulated). But like I said he's being cool about using some accord smog stuff.

lol I will update the ref when I get my sticker.

 

I agree.

Although with the vocabulary used you can never be too sure. It's one of those things. The way I read it, H22A is a legal replacement for a H22A1 in a Prelude. But if swapping the H22A into an Accord with a F22 based engine it is not legal. Too much is left to interpretation with these swap laws, get the wrong tech at the ref station and they may play hell with you. I can understand why, they can't list every compatible replacement engine for every make, but there should be some wording as to 'like' or 'same' engine as available state side.

 

Yeah, there is so much left open to interpretation it's really just a free for all for who truly knows the truth.