State
of
California
AIR
RESOURCES
BOARD
Resolution
98­
65
December
10,
1998
Agenda
Item
No.:
98­
14­
4
WHEREAS,
sections
39600
and
39601
of
the
Health
and
Safety
Code
authorize
the
Air
Resources
Board
(
the
Board)
to
adopt
standards,
rules
and
regulations
and
to
do
such
acts
as
may
be
necessary
for
the
proper
execution
of
the
powers
and
duties
granted
to
and
imposed
upon
the
Board
by
law;

WHEREAS,
in
section
43000
of
the
Health
and
Safety
Code,
the
Legislature
has
declared
that
the
emission
of
air
pollutants
from
motor
vehicles
is
the
primary
cause
of
air
pollution
in
many
parts
of
the
state
and,
in
sections
39002
and
39003
of
the
Health
and
Safety
Code,
has
charged
the
Board
with
responsibility
of
systematically
addressing
the
serious
air
pollution
problem
caused
by
motor
vehicles;

WHEREAS,
sections
43013,
43101,
and
43104
of
the
Health
and
Safety
Code
authorize
the
Board
to
adopt
motor
vehicle
emission
standards,
in­
use
performance
standards,
and
test
procedures,
which
it
finds
to
be
necessary,
cost­
effective,
and
technologically
feasible;

WHEREAS,
section
43018
of
the
Health
and
Safety
Code
directs
the
Board
to
endeavor
to
achieve
the
maximum
degree
of
emissions
reduction
possible
from
vehicular
sources
to
accomplish
the
attainment
of
state
ambient
air
quality
standards
by
the
earliest
practicable
date;

WHEREAS,
the
amendments
proposed
by
the
staff
set
forth
the
engine
families
and
vehicles
to
which
the
amended
regulation
would
apply;
the
standards
and
test
procedures;
the
earlycompliance
credits;
and
other
definitions
and
requirements;

WHEREAS,
the
California
Environmental
Quality
Act
and
Board
regulations
require
that
no
project
having
significant
adverse
environmental
impacts
be
adopted
as
originally
proposed
if
feasible
alternatives
or
mitigation
measures
are
available
to
substantially
reduce
or
avoid
such
impacts;

WHEREAS,
the
Board
has
considered
the
impact
of
the
proposed
regulatory
action
on
the
economy
of
the
state;

WHEREAS,
a
public
hearing
and
other
administrative
proceedings
have
been
held
in
accordance
with
the
provisions
of
Chapter
3.5
(
commencing
with
section
11340),
Part
1,
Division
3,
Title
2
of
the
Government
Code;
Resoulution
98­
65
­
2­

WHEREAS,
the
Board
finds
that:

It
is
necessary
and
appropriate
that
the
proposed
amended
regulation
require
manufacturers
to
certify
on­
road
motorcycles
used
in
California
to
the
proposed
mandatory
hydrocarbon
plus
oxides
of
nitrogen
emission
standards,
beginning
in
2004,
to
provide
for
reductions
of
hydrocarbons
and
oxides
of
nitrogen;

It
is
necessary
and
appropriate
that
the
proposed
amended
regulation
provide
early
compliance
credit
incentives
for
meeting,
prior
to
2008,
either
the
proposed
model
year
2008
hydrocarbon
plus
oxides
of
nitrogen
standard
or
the
more
stringent
level
of
0.4
gram
per
kilometer
hydrocarbon
plus
oxides
of
nitrogen,
with
such
credits
to
be
used
in
the
corporate
averaging
calculation
for
determining
compliance
with
the
applicable
model
year
2008
exhaust
emission
limit;
and
It
is
necessary
and
appropriate
that
the
proposed
amended
regulation
establish
requirements
specific
to
small­
volume
manufacturers
to
minimize
impacts
to
these
businesses;

WHEREAS,
the
Board
finds
that
adoption
of
the
proposed
amended
regulation
approved
herein
will
not
have
a
significant
adverse
environmental
impact
and
that
the
proposed
amended
regulation
is
projected
to
have
a
positive
air
quality
impact;
and
WHEREAS,
the
Board
further
finds
that
no
alternative
considered
by
the
Board
would
be
more
effective
in
carrying
out
the
purpose
for
which
the
regulations
are
proposed
or
would
be
as
effective
and
less
burdensome
to
affected
private
persons.

NOW,
THEREFORE,
BE
IT
RESOLVED
that
the
Board
hereby
approves
amendments
to
section
1958
of
title
13,
California
Code
of
Regulations,
as
noticed
on
October
23,
1998,
with
the
modifications
as
set
forth
in
Attachment
A
hereto.

BE
IT
FURTHER
RESOLVED
that
the
Board
directs
the
Executive
Officer
to
adopt
the
amendments,
with
the
modifications
as
set
forth
in
Attachment
A,
after
making
them
available
to
the
public
for
a
period
of
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
or
as
necessary
for
consistency
with
the
modifications
in
Attachment
A,
and
shall
present
the
regulations
to
the
Board
for
further
consideration
if
he
determines
that
this
is
warranted.

BE
IT
FURTHER
RESOLVED
that
the
Board
directs
the
Executive
Officer
to:
(
1)
conduct
a
progress
and
cost
review,
on
or
before
December
31,
2006,
of
the
on­
road
motorcycle
manufacturers'
efforts
to
meet
the
first­
and
second­
tier
standards
set
forth
in
Attachment
A;
Resoulution
98­
65
­
3­

(
2)
determine
whether
to
require
small­
volume
manufacturers
to
comply
with
the
second­
tier
standard
in
accordance
with
the
regulation
as
amended
at
a
future
date;
and
(
3)
coordinate
with
on­
road
motorcycle
industry
representatives
to
identify
sources
of
equipment
tampering,
better
quantify
the
effects
such
tampering
has
on
emissions
from
on­
road
motorcycles,
and
determine
the
most
effective
ways
to
reduce
such
tampering
or
its
impacts
on
emissions.

BE
IT
FURTHER
RESOLVED
that
the
Board
hereby
determines
that
the
regulation
adopted
herein
will
not
cause
California
motor
vehicle
emission
standards,
in
the
aggregate,
to
be
less
protective
of
public
health
and
welfare
than
applicable
federal
standards.

BE
IT
FURTHER
RESOLVED
that
the
Board
hereby
finds
that
separate
California
emission
standards
are
necessary
for
small­
volume
manufacturers
as
defined
in
the
regulation.

BE
IT
FURTHER
RESOLVED
that
the
Board
finds
that
the
California
emission
standards
as
adopted
herein
will
not
cause
the
California
requirements
to
be
inconsistent
with
section
202(
a)
of
the
Clean
Air
Act
and
raise
no
new
issues
affecting
previous
waiver
determinations
of
the
Administrator
of
the
Environmental
Protection
Agency
pursuant
to
section
209(
b)
of
the
Clean
Air
Act.

BE
IT
FURTHER
RESOLVED
that
the
Executive
Officer
shall,
upon
adoption,
forward
the
regulations
to
the
Environmental
Protection
Agency
with
a
request
for
a
waiver
or
confirmation
that
the
regulations
are
within
the
scope
of
an
existing
waiver
of
federal
preemption
pursuant
to
section
209(
b)
of
the
Clean
Air
Act,
as
appropriate.

I
hereby
certify
that
the
above
is
a
true
and
correct
copy
of
Resolution
98­
65,
as
adopted
by
the
Air
Resources
Board.

_________________________________________
Pat
Hutchens,
Clerk
of
the
Board
Resolution
98­
65
December
10,
1998
Identification
of
Attachments
to
the
Resolution
Attachment
A:
Modifications
to
the
originally
noticed
proposed
amendments,
as
the
modifications
were
suggested
by
staff
and
were
directed
by
the
Board
at
the
December
10,
1998
public
hearing.
