TITLE
13.
CALIFORNIA
AIR
RESOURCES
BOARD
NOTICE
OF
PUBLIC
HEARING
TO
CONSIDER
ENGINE
MANUFACTURER
DIAGNOSTIC
SYSTEM
REQUIREMENTS
FOR
2007
AND
SUBSEQUENT
MODEL
YEAR
HEAVY­
DUTY
ENGINES
(
EMD)

The
Air
Resources
Board
(
the
"
Board"
or
"
ARB")
will
conduct
a
public
hearing
at
the
time
and
place
noted
below
to
consider
adoption
of
proposed
California
EMD
requirements
for
2007
and
subsequent
model
year
heavy­
duty
engines.

DATE:
May
20,
2004
TIME:
9:
00
a.
m.

PLACE:
California
Environmental
Protection
Agency
Air
Resources
Board
1001
I
Street
Central
Valley
Auditorium,
Second
Floor
Sacramento,
California
95814
This
item
will
be
considered
at
a
two­
day
meeting
of
the
Board,
which
will
commence
at
9:
00
a.
m.,
May
20,
2004,
and
may
continue
at
8:
30
a.
m.,
May
21,
2004.
This
item
might
not
be
considered
until
May
21,
2004.
Please
consult
the
agenda
for
the
meeting,
which
will
be
available
at
least
ten
days
before
May
20,
2004,
to
determine
the
day
on
which
this
item
will
be
considered.

This
facility
is
accessible
to
persons
with
disabilities.
If
you
have
special
accommodation
or
language
needs,
please
contact
the
ARB's
Clerk
of
the
Board
at
(
916)
322­
5594
or
landreon@
arb.
ca.
gov
as
soon
as
possible.
TTY/
TDD/
Speech­
to­
Speech
users
may
dial
7­
1­
1
for
the
California
Relay
Service.

INFORMATIVE
DIGEST
OF
PROPOSED
ACTION
AND
POLICY
STATEMENT
OVERVIEW
Sections
Affected:
Proposed
adoption
of
title
13,
California
Code
of
Regulations
(
CCR)
section
1971
for
2007
and
subsequent
model
year
heavy­
duty
engines.

Background:
The
Board
originally
adopted
title
13,
CCR
section
1968.1
in
1989,
which
required
manufacturers
to
implement
second
generation
on­
board
diagnostic
(
OBD
II)
systems
on
new
motor
vehicles
sold
in
California.
OBD
II
systems
serve
an
important
role
in
helping
to
ensure
that
vehicles
maintain
low
emissions
and
meet
the
emission
standards.
The
regulation
was
first
implemented
beginning
with
the
1994
model
year,
and
requires
that
essentially
all
new
1996
and
later
model
year
passenger
cars,
lightduty
trucks,
and
medium­
duty
vehicles
and
engines
be
equipped
with
OBD
II
systems.
The
regulation
specifically
requires
monitoring
of
engine
misfire,
catalysts,
oxygen
sensors,
evaporative
systems,
fuel
systems,
and
electronic
powertrain
components,
among
other
components
and
systems
that
can
affect
emissions
when
malfunctioning.
2
The
regulations
also
require
OBD
II
systems
to
provide
specific
diagnostic
information
in
a
standardized
format
through
a
standardized
serial
data
link
on­
board
the
vehicles.
Subsequently,
the
Board
adopted
section
1968.2
in
2002,
which
established
OBD
II
requirements,
for
2004
and
subsequent
model
year
passenger
cars,
light­
duty
trucks,
and
medium­
duty
vehicles
and
engines.

Currently,
there
are
no
regulations
in
California
requiring
OBD
systems
on
heavy­
duty
vehicles
(
i.
e.,
vehicles
with
a
gross
vehicle
weight
rating
greater
than
14,000
pounds).
Unfortunately,
the
emissions
emitted
from
heavy­
duty
trucks,
especially
diesel
trucks,
are
of
great
concern.
Currently,
diesel
truck
emissions
account
for
about
28
percent
and
16
percent
of
the
total
statewide
mobile
source
oxides
of
nitrogen
(
NOx)
and
particulate
matter
(
PM)
emissions,
respectively.
NOx
is
a
precursor
to
ozone
as
well
as
a
lung
irritant,
while
diesel
PM
is
carcinogenic
and
has
been
identified
as
a
toxic
air
contaminant
by
ARB.
While
emissions
from
heavy­
duty
diesels
are
of
particular
concern,
emissions
from
heavy­
duty
gasoline
vehicles
are
also
of
concern,
given
the
state's
ongoing
problem
in
meeting
state
and
federal
ambient
air
quality
standards.
Additionally,
the
emission
standards
for
heavy­
duty
vehicles
have
become
increasingly
stringent
over
the
years.
By
2004,
the
heavy­
duty
diesel
emission
standards
for
NOx
and
PM
have
been
reduced
by
over
60
to
80
percent
compared
to
the
standards
in
1990.
In
2007,
both
emission
standards
would
be
reduced
further
by
90
percent
compared
to
the
2004
standards.
Emission
standards
for
heavy­
duty
gasoline
vehicles
and
engines
are
also
similarly
reduced
in
2008.
There
must
be
some
assurance
that
these
standards
continue
to
be
met
in­
use,
since
emission­
related
malfunctions
can
cause
vehicle
emissions
to
increase
well
beyond
the
standards
that
they
are
intended
to
meet.

California's
problems
with
ozone
pollution
continue
to
be
the
worst
in
the
nation.
In
an
effort
to
meet
federal
and
state
ambient
air
quality
standards
and
comply
with
the
federally
mandated
State
Implementation
Plan
(
SIP)
to
meet
those
standards,
California
has
continued
to
be
in
the
forefront
in
adopting
the
most
stringent
motor
vehicle
emissions
control
program
in
the
nation.
To
complement
the
new
emission
standards
for
heavy­
duty
diesel
engines,
measure
17
(
M17)
was
included
as
part
of
the
SIP.
Adopting
diagnostic
requirements
for
heavy­
duty
vehicles
is
an
essential
first
step
towards
M17
to
reduce
emissions
from
on­
road
heavy­
duty
diesels.

Staff
Proposal:
As
stated
above,
considering
the
amount
of
pollution
emitted
from
heavy­
duty
vehicles
(
particularly
NOx
and
PM
emissions
from
diesel
vehicles)
and
the
increasingly
stringent
emission
standards
that
will
be
phased
in
starting
in
the
2007­
2008
timeframe,
there
must
be
some
assurance
that
low
emissions
are
maintained
and
the
stringent
standards
are
met
in­
use.

Staff
is
proposing
the
adoption
of
title
13,
CCR
section
1971
that
would
require
firstgeneration
diagnostic
systems
be
equipped
on
all
2007
and
subsequent
model
year
onroad
heavy­
duty
engines
and
vehicles
produced
for
sale
in
California
with
a
GVWR
greater
than
14,000
pounds.
These
proposed
requirements,
which
are
referred
to
as
engine
manufacturer
diagnostic
system
(
EMD)
requirements,
build
on
the
basic
diagnostic
system
heavy­
duty
engine
manufacturers
are
currently
using
to
provide
diagnostic
capability
for
the
most
important
emission
control
systems.
Sufficient
3
leadtime
exists
to
implement
the
EMD
system
by
the
2007
model
year
when
emission
standards
become
more
stringent
and
universal
use
of
particulate
filters
is
expected.
The
EMD
system
would
help
ensure
that
the
engines
are
able
to
meet
the
new
emission
standards
and
maintain
low
emissions
for
the
life
of
the
engine.
It
would
accomplish
this
by
monitoring
the
durability
and
performance
of
the
emission
control
components
and
systems,
and
by
providing
technicians
with
information
that
would
help
in
diagnosing
and
fixing
malfunctions.
Having
first
adopted
OBD
II
requirements
for
lightduty
and
medium­
duty
vehicles
in
1989,
ARB
staff
has
had
extensive
experience
with
OBD
systems
and
in
developing
diagnostic
requirements.

The
proposal,
however,
does
not
reflect
the
level
of
diagnostics
that
staff
plans
on
presenting
to
the
Board
for
consideration
in
2005
that
will
more
closely
reflect
light­
and
medium­
duty
OBD
II
requirements.
Recognizing
the
strict
compliance
schedule
facing
engine
manufacturers
to
meet
the
stringent
2007
model
year
emission
standards
and
the
continued
developments
in
new
and
emerging
emission
control
technologies,
the
ARB
staff
is
not
proposing
the
immediate
development
of
comprehensive
OBD
systems
that
require
the
monitoring
of
every
emission­
related
component
in
the
vehicle.

The
proposed
EMD
regulation
would
require
manufacturers
to
monitor
the
fuel
system,
exhaust
gas
recirculation
(
EGR)
system,
the
PM
trap,
and
emission­
related
electronic
components.
Unlike
the
requirements
for
light­
duty
vehicles,
the
proposed
EMD
monitoring
requirements
would
not
require
manufacturers
to
tie
the
monitors
to
the
emission
standards
(
i.
e.,
to
indicate
a
malfunction
before
a
specific
emission
threshold
is
reached).
When
a
malfunction
is
detected,
the
proposed
regulation
would
require
the
EMD
system
to
illuminate
a
warning
light,
which
could
be
an
existing
light
or
a
new
light
based
on
the
manufacturer's
preference.
Additionally,
though
the
EMD
system
would
be
required
to
output
diagnostic
information
for
use
by
repair
technicians,
the
proposed
regulation
would
not
establish
standardized
requirements
defining
the
content
or
format
of
specific
information
required
to
be
output.

As
stated,
this
regulation
is
intended
to
be
the
first
step
towards
adopting
comprehensive
heavy­
duty
OBD
requirements
analogous
to
the
OBD
II
regulation.
In
the
near
future,
staff
will
be
proposing
this
more
complete
OBD
regulation
for
the
Board's
consideration.
The
future
heavy­
duty
OBD
regulation
would
address
the
new
and
improved
emission
control
technologies
used
to
help
meet
the
2010
standards
as
well
as
include
requirements
that
would
assist
repair
technicians
and
facilitate
implementation
of
heavy­
duty
OBD
checks
in
inspection
and
maintenance
or
other
roadside
inspection
programs.

COMPARABLE
FEDERAL
REGULATIONS
Currently,
the
United
States
Environmental
Protection
Agency
(
U.
S.
EPA)
has
OBD
requirements
only
for
light­
duty
vehicles
and
trucks
and
federally
defined
"
heavy­
duty"
vehicles
and
engines
with
a
GVWR
between
8,500
to
14,000
pounds.
These
are
the
same
categories
of
vehicles
covered
by
ARB's
OBD
II
regulations,
which
apply
to
light­
and
medium­
duty
vehicles
(
where
medium­
duty
is
defined
in
California
as
the
8,500
to
14,000
pound
GVWR
range).
However,
like
ARB,
the
U.
S.
EPA
currently
does
not
have
OBD
requirements
for
vehicles
and
engines
above
14,000
pounds,
which
is
the
weight
4
range
for
California's
"
heavy­
duty"
class.
The
U.
S.
EPA
staff
has
indicated
its
intent
to
propose
and
adopt
an
OBD
regulation
for
heavy­
duty
vehicles
and
engines
over
14,000
pounds
in
the
near
future,
and
has
indicated
a
strong
interest
in
developing
harmonized
ARB
and
federal
OBD
programs.

AVAILABILITY
OF
DOCUMENTS
AND
AGENCY
CONTACT
PERSONS
The
ARB
staff
has
prepared
a
Staff
Report:
Initial
Statement
of
Reasons
(
ISOR)
for
the
proposed
regulatory
action
that
includes
a
summary
of
the
environmental
and
economic
impacts
of
the
proposal.
The
report
is
entitled:
Engine
Manufacturer
Diagnostic
Requirements
for
2007
and
Subsequent
Model
Year
Heavy­
Duty
Engines
(
EMD).

Copies
of
the
ISOR
and
the
full
text
of
the
proposed
regulatory
language
may
be
accessed
on
the
ARB's
web
site
listed
below,
or
may
be
obtained
from
the
Public
Information
Office,
Air
Resources
Board,
1001
"
I"
Street,
Visitors
and
Environmental
Services
Center,
1st
Floor,
Sacramento,
California
95814,
(
916)
322­
2990
at
least
45
days
prior
to
the
scheduled
hearing
(
May
20,
2004).

Upon
its
completion,
the
Final
Statement
of
Reasons
(
FSOR)
will
be
available
and
copies
may
be
requested
from
the
agency
contact
persons
in
this
notice,
or
may
be
accessed
on
the
web
site
listed
below.

Inquiries
concerning
the
substance
of
the
proposed
regulation
may
be
directed
to
the
designated
agency
contact
persons
for
this
rulemaking:
Jason
Wong,
Air
Resources
Engineer,
at
(
626)
575­
6838
or
e­
mail
jjwong@
arb.
ca.
gov,
or
Mike
McCarthy,
Manager,
Advanced
Engineering
Section,
Mobile
Source
Control
Division,
at
(
626)
575­
6615
or
email
mmccarth@
arb.
ca.
gov.

Further,
the
agency
representative
and
designated
back­
up
contact
persons
to
who
nonsubstantive
inquiries
concerning
the
proposed
administrative
action
may
be
directed
are
Artavia
Edwards,
Manager,
Board
Administration
&
Regulatory
Coordination
Unit,
(
916)
322­
6070,
or
Alexa
Malik,
Regulations
Coordinator,
(
916)
322­
4011.
The
Board
has
compiled
a
record
for
this
rulemaking
action,
which
includes
all
the
information
upon
which
the
proposal
is
based.
This
material
is
available
for
inspection
upon
request
to
the
agency
contact
persons.

If
you
are
a
person
with
a
disability
and
desire
to
obtain
this
document
in
an
alternative
format,
please
contact
the
ARB's
Clerk
of
the
Board
at
(
916)
322­
5594
or
landreon@
arb.
ca.
gov
as
soon
as
possible.
TTY/
TDD/
Speech­
to­
Speech
users
may
dial
7­
1­
1
for
the
California
Relay
Service.

This
notice,
the
ISOR,
and
subsequent
regulatory
documents,
including
the
FSOR,
when
completed,
are
available
on
the
ARB
internet
site
for
this
rulemaking
at:
www.
arb.
ca.
gov/
regact/
emd2004/
emd2004.
htm.
5
COSTS
TO
PUBLIC
AGENCIES
AND
TO
BUSINESSES
AND
PERSONS
AFFECTED
The
determinations
of
the
Board's
Executive
Officer
concerning
the
costs
or
savings
necessarily
incurred
by
public
agencies
and
private
persons
and
businesses
in
reasonable
compliance
with
the
proposed
regulations
are
presented
below.

Pursuant
to
Government
Code
sections
11346.5(
a)(
5)
and
11346.5(
a)(
6),
the
Executive
Officer
has
determined
that
the
proposed
regulatory
action
will
result
in
some
additional
costs
to
ARB
but
will
not
create
cost
or
savings
to
any
other
state
agencies.
In
addition,
the
Executive
Officer
has
determined
that
the
proposed
regulatory
action
will
not
create
costs
or
savings
in
federal
funding
to
the
state,
costs
or
mandate
to
any
local
agency
or
school
district
whether
or
not
reimbursable
by
the
state
pursuant
to
Part
7
(
commencing
with
section
17500),
Division
4,
Title
2
of
the
Government
Code,
or
other
nondiscretionary
savings
to
state
or
local
agencies.

In
developing
this
regulatory
proposal,
ARB
staff
evaluated
the
potential
economic
impacts
on
representative
private
persons
and
businesses.
The
ARB
is
not
aware
of
any
significant
cost
impacts
that
a
representative
private
person
or
business
would
necessarily
incur
in
reasonable
compliance
with
the
proposed
action.

The
Executive
Officer
has
made
an
initial
determination
that
the
adoption
of
this
regulation
will
not
have
a
significant
statewide
adverse
economic
impact
directly
affecting
businesses,
including
the
ability
of
California
businesses
to
compete
with
business
in
other
states.
Support
for
this
determination
is
set
forth
in
the
ISOR.

The
Executive
Officer
has
further
found
pursuant
to
Government
Code
sections
11346.5(
a)(
10)
and
11346.3(
b)
that
the
proposed
regulation
would
have
minor
or
no
impact
on
the
creation
and
elimination
of
jobs
within
the
State
of
California,
the
creation
of
new
businesses
or
elimination
of
existing
businesses
within
California,
or
the
expansion
of
businesses
currently
doing
business
within
California.

The
businesses
to
which
the
proposed
requirements
are
primarily
addressed
and
for
which
compliance
would
be
required
are
manufacturers
of
California­
certified
heavyduty
engines
and
other
powertrain
components
(
e.
g.,
transmissions)
used
in
heavy­
duty
vehicles.
None
of
these
businesses
are
located
in
California.
The
proposed
requirements
are
also
addressed
to
manufacturers
of
heavy­
duty
vehicles
(
assemblers,
coach
builders,
etc.)
installed
with
California­
certified
heavy­
duty
engines.

For
all
of
the
manufacturers
identified
above,
the
costs
are
expected
to
be
negligible
to
comply
with
the
proposed
regulatory
action.
Manufacturers
would
be
able
to
meet
the
proposed
monitoring
requirements
without
the
addition
of
extra
hardware
on
the
vehicle
or
engine.

In
developing
this
regulatory
proposal,
ARB
staff
has
found
that
the
proposed
regulation
will
pose
no
adverse
economic
impact
on
private
persons
and
businesses
as
consumers.
The
Executive
Officer
has
determined
that
there
will
be
no,
or
negligible,
potential
cost
impact
on
representative
private
persons
or
businesses
as
a
result
of
the
6
proposed
regulatory
action.
The
proposed
requirements
are
not
expected
to
increase
the
rate
or
the
cost
of
vehicle
repairs,
so
no
cost
impact
on
consumers
is
expected.

The
Executive
Officer
has
also
determined,
pursuant
to
title
1,
CCR,
section
4,
that
the
proposed
regulatory
action
will
affect
a
minimal
number
of
small
businesses.

The
Executive
Officer
has
determined,
pursuant
to
Government
Code
section
11346.3(
c)
and
11346.5(
a)(
11),
that
the
reporting
requirements
that
apply
to
manufacturers
are
necessary
for
the
health,
safety,
and
welfare
of
the
people
of
the
State
of
California.

The
proposed
regulatory
action
would
require
manufacturers
to
file
written
reports.
The
requirements
would
be
minimal
and
should
have
a
negligible
impact
on
vehicle
costs.

Before
taking
final
action
on
the
proposed
regulatory
action,
the
Board
must
determine
that
no
reasonable
alternative
considered
by
the
agency
or
that
has
otherwise
been
identified
and
brought
to
the
attention
of
the
agency
would
be
more
effective
in
carrying
out
the
purpose
for
which
the
action
is
proposed
or
would
be
as
effective
and
less
burdensome
to
affected
private
persons
than
the
proposed
action.

FINDING
OF
NECESSITY
FOR
REPORTS
Pursuant
to
Government
Code
section
11346.3(
c),
the
Board
finds
that
it
is
necessary
for
the
health,
safety,
and
welfare
of
the
people
of
this
state
that
this
regulation
which
requires
a
report
apply
to
businesses.

SUBMITTAL
OF
COMMENTS
The
public
may
present
comments
relating
to
this
matter
orally
or
in
writing
at
the
hearing,
and
in
writing
or
by
e­
mail
before
the
hearing.
To
be
considered
by
the
Board,
written
submissions
not
physically
submitted
at
the
hearing
must
be
received
by
no
later
than
12:
00
noon,
May
19,
2004
and
addressed
to
the
following:

Postal
Mail
is
to
be
sent
to:

Clerk
of
the
Board
Air
Resources
Board
1001
I
Street,
23rd
Floor
Sacramento,
California
95814
Electronic
mail
is
to
be
sent
to:
emd2004@
listserv.
arb.
ca.
gov
and
received
at
the
ARB
no
later
than
12:
00
noon,
May
19,
2004.

Facsimile
submissions
are
to
be
transmitted
to
the
Clerk
of
the
Board
at
(
916)
322­
3928
and
received
at
the
ARB
no
later
than
12:
00
noon,
May
19,
2004.

The
Board
requests,
but
does
not
require,
that
30
copies
of
any
written
statement
be
submitted
and
that
all
written
statements
be
filed
at
least
10
days
prior
to
the
hearing
so
7
that
ARB
staff
and
Board
Members
have
time
to
fully
consider
each
comment.
The
ARB
encourages
members
of
the
public
to
bring
to
the
attention
of
the
staff
in
advance
of
the
hearing
any
suggestions
for
modification
of
the
proposed
regulatory
action.

STATUTORY
AUTHORITY
AND
REFERENCES
This
regulatory
action
is
proposed
under
that
authority
granted
in
Health
and
Safety
Code,
sections
39600,
39601,
43000.5,
43013,
43018,
43100,
43101,
and
43104.
This
action
is
proposed
to
implement,
interpret
and
make
specific
sections
39002,
39003,
39010­
39060,
39515,
39600­
39601,
43000,
43000.5,
43004,
43006,
43013,
43016,
43018,
43100,
43101,
43102,
43104,
43105,
43105.5,
43106,
43150­
43156,
43204,
43211,
and
43212
of
the
Health
and
Safety
Code.

HEARING
PROCEDURES
AND
AVAILIBILITY
OF
MODIFIED
TEXT
The
public
hearing
will
be
conducted
in
accordance
with
the
California
Administrative
Procedure
Act,
Title
2,
Division
3,
Part
1,
Chapter
3.5
(
commencing
with
section
11340)
of
the
Government
Code.

Following
the
public
hearing,
the
Board
may
adopt
the
regulatory
language
as
originally
proposed,
or
with
nonsubstantial
or
grammatical
modifications.
The
Board
may
also
adopt
the
proposed
regulatory
language
with
other
modifications
if
the
text
as
modified
is
sufficiently
related
to
the
originally
proposed
text
that
the
public
was
adequately
placed
on
notice
that
the
regulatory
language
as
modified
could
result
from
the
proposed
regulatory
action;
in
such
event
the
full
regulatory
text,
with
the
modifications
clearly
indicated,
will
be
made
available
to
the
public,
for
written
comment,
at
least
15
days
before
it
is
adopted.

The
public
may
request
a
copy
of
the
modified
regulatory
text
from
the
Board's
Public
Information
Office,
Air
Resources
Board,
1001
"
I"
Street,
Visitors
and
Environmental
Services
Center,
1st
Floor,
Sacramento,
California
95814,
(
916)
322­
2990.

CALIFORNIA
AIR
RESOURCES
BOARD
Catherine
Witherspoon
Executive
Officer
Date:

The
energy
challenge
facing
California
is
real.
Every
Californian
needs
to
take
immediate
action
to
reduce
energy
consumption.
For
a
list
of
simple
ways
you
can
reduce
demand
and
cut
your
energy
costs
see
our
Web
 
site
at
www.
arb.
ca.
gov.
8
Request
for
Staff
Report
and
Proposed
Regulatory
Language
The
documents
listed
on
the
lower
portion
of
this
page
are
available
on
the
Air
Resources
Board's
Web
Site,
which
can
be
accessed
at:

http://
www.
arb.
ca.
gov/
msprog/
obdprog/
hdobdreg.
htm
If
you
would
like
to
receive
a
hard
copy
of
any
of
the
documents,
please
mail
or
fax
this
form
to:

Adrieann
Medina
California
Air
Resources
Board
9528
Telstar
Avenue
El
Monte,
California
91731
FAX:
(
626)
575­
7012
Phone:
(
626)
459­
4405
Please
check
all
that
apply:

_______
Staff
Report:
Initial
Statement
of
Reasons.
(
15
pages)

_______
Proposed
EMD
Requirements
for
2007
and
Subsequent
Model­
Year
Heavy­
Duty
Engines.
(
4
pages)

Name:
________________________________________

Company:
________________________________________

Address:
________________________________________

________________________________________
