State
of
California
AIR
RESOURCES
BOARD
Resolution
04­
16
May
20,
2004
Agenda
Item
No.:
04­
5­
4
WHEREAS,
sections
39002
and
39003
of
the
Health
and
Safety
Code
charge
the
Air
Resources
Board
(
ARB
or
the
Board)
with
the
responsibility
for
systematically
attacking
the
serious
air
pollution
problem
caused
by
motor
vehicles;

WHEREAS,
sections
39600
and
39601
of
the
Health
and
Safety
Code
authorize
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,
section
39515
of
the
Health
and
Safety
Code
provide
that
the
Board
may
delegate
any
duty
to
the
Executive
Officer
which
the
Board
deems
appropriate
and
that
any
power,
duty,
purpose,
function,
or
jurisdiction
which
the
Board
may
lawfully
delegate
shall
be
conclusively
presumed
to
have
been
delegated
to
the
Executive
Officer
unless
the
Board
has
expressly
reserved
such
authority
onto
itself;

WHEREAS,
in
sections
43000
and
43000.5(
a)
of
the
Health
and
Safety
Code,
the
Legislature
declared
that
the
emission
of
air
pollutants
from
motor
vehicles
is
the
primary
cause
of
air
pollution
in
many
parts
of
the
state
and
that
despite
significant
reductions
in
vehicle
emissions
in
recent
years,
continued
growth
in
population
and
vehicle
miles
traveled
throughout
California
have
the
potential
not
only
to
prevent
attainment
of
the
state
standards,
but
in
some
cases,
to
result
in
worsening
air
quality;

WHEREAS,
section
43000.5(
c)
of
the
Health
and
Safety
Code
provides
that
the
burden
for
achieving
needed
reductions
in
vehicle
emissions
should
be
distributed
equitably
among
various
classes
of
vehicles,
including
heavy­
duty
vehicles
to
accomplish
improvements
in
both
the
emissions
level
and
in­
use
performance
and
durability
of
all
new
motor
vehicles;

WHEREAS,
section
43806
of
the
Health
and
Safety
Code
directs
the
Board
to
adopt
emission
standards
and
procedures
applicable
to
new
engines
used
in
publicly
owned
and
privately
owned
public
transit
buses;

WHEREAS,
section
43013
of
the
Health
and
Safety
Code
authorizes
the
Board
to
adopt
motor
vehicle
emission
standards
and
in­
use
performance
standards
that
it
finds
to
be
necessary,
cost­
effective,
and
technologically
feasible;
Resolution
04­
16
2
WHEREAS,
section
43018(
a)
of
the
Health
and
Safety
Code
directs
the
Board
to
achieve
the
maximum
degree
of
emissions
reductions
possible
from
vehicular
and
other
mobile
sources
in
order
to
accomplish
the
attainment
of
state
standards
at
the
earliest
practicable
date;

WHEREAS,
section
43018(
c)
of
the
Health
and
Safety
Code
further
directs
the
Board
that
in
carrying
out
the
directives
of
section
43018(
a),
the
Board
shall
adopt
standards
and
regulations
which
will
result
in
the
most
cost­
effective
combination
of
control
measures
on
all
classes
of
motor
vehicles,
including
but
not
limited
to,
reductions
in
exhaust
and
evaporative
emissions
and
reductions
in
in­
use
emissions
through
improvements
in
motor
vehicle
emission
system
durability
and
performance;

WHEREAS,
section
43101
of
the
Health
and
Safety
Code
directs
the
Board
to
adopt
and
implement
emission
standards
for
new
motor
vehicles
for
the
control
of
emissions
therefrom
that
are
necessary
and
technologically
feasible;

WHEREAS,
section
43102
of
the
Health
and
Safety
Code
provides
that
the
Board
shall
not
certify
a
new
motor
vehicle
or
motor
vehicle
engine
unless
the
vehicle
or
engine
meets
the
emission
standards
adopted
by
the
ARB
pursuant
to
Part
5
of
the
Health
and
Safety
Code
under
test
procedures
adopted
pursuant
to
section
43104;

WHEREAS,
section
43104
of
the
Health
and
Safety
Code
provides
that
the
Board
shall
adopt
test
procedures
and
any
other
procedures
necessary
to
certify
that
new
motor
vehicles
and
engines
are
in
compliance
with
the
emissions
standards
established
under
Part
5
of
the
Health
and
Safety
Code;

WHEREAS,
section
43105
of
the
Health
and
Safety
Code
provides
that
no
new
motor
vehicle
or
engine
required
under
Part
5
of
the
Health
and
Safety
Code
to
meet
emission
standards
shall
be
sold
to
the
ultimate
purchaser,
ordered
or
delivered
for
sale
to
the
ultimate
purchaser,
or
registered
in
this
state
if
the
manufacturer
has
violated
emission
standards
or
test
procedures
and
has
failed
to
take
corrective
action,
which
may
include
recall
of
vehicles
or
engines,
specified
by
the
Board
in
accordance
with
its
regulations;
WHEREAS,
sections
43016,
43154,
43211,
and
43212
of
the
Health
and
Safety
Code
provide
that
penalties
may
be
assessed
against
motor
vehicle
manufacturers
for
noncompliance
with
ARB
emission
standards,
other
certification
requirements,
or
other
rules
and
regulations
of
the
Board;

WHEREAS,
the
Board
has
adopted
and
the
Office
of
Administrative
Law
subsequently
has
approved
regulations
regarding
malfunction
and
diagnostic
system
requirements
(
OBD
II)
that
were
first
implemented
in
the
1994
model­
year
for
passenger
cars,
light­
duty
trucks,
and
medium­
duty
vehicles
and
engines;
Resolution
04­
16
3
WHEREAS,
in
2001
and
2002,
the
Board
adopted
more
stringent
tailpipe
emission
standards
for
2007
and
subsequent
heavy­
duty
diesel
engines
and
2008
and
subsequent
heavy­
duty
Otto­
cycle
engines,
respectively;

WHEREAS,
the
California
Environmental
Quality
Act
(
CEQA),
section
21080.5
of
the
Public
Resources
Code
and
Board
regulations
at
title
17,
California
Code
of
Regulations
(
CCR),
section
60006
require
that
no
project
which
may
have
significant
adverse
environmental
impacts
may
be
adopted
as
originally
proposed
if
feasible
alternatives
or
mitigation
measures
are
available
to
reduce
or
eliminate
such
impacts;

WHEREAS,
pursuant
to
section
43101
of
the
Health
and
Safety
Code
and
section
11346.3
of
the
Government
Code,
the
Board
has
considered
and
assessed
the
effects
of
the
regulation
on
the
economy
of
the
state;

WHEREAS,
the
staff
has
now
proposed
adoption
of
title
13,
CCR,
section
1971
that
would
establish
engine
manufacturer
diagnostic
system
(
EMD)
requirements
for
2007
and
subsequent
model
year
heavy­
duty
engines;

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
to
consider
the
proposed
adoption
of
section
1971,
title
13,
CCR;

WHEREAS,
the
Board
finds
regarding
the
adoption
of
section
1971
of
title
13,
CCR,
that:

Since
the
introduction
of
1996
model
year
light­
duty
and
medium­
duty
motor
vehicles
and
engines,
manufacturers
have
incorporated
OBD
II
systems
into
nearly
all
of
their
light­
duty
and
medium­
duty
vehicle
models
and
engines
pursuant
to
the
standards
and
other
requirements
of
title
13,
CCR,
sections
1968.1
and
1968.2;

Emissions
from
heavy­
duty
trucks,
especially
Oxides
of
Nitrogen
(
NOx)
and
Particulate
Matter
(
PM)
emissions
released
from
diesel
trucks,
are
of
great
concern;

NOx
is
a
precursor
to
ozone
and
causes
lung
irritation,
and
diesel
PM
is
carcinogenic
and
has
been
identified
as
a
toxic
air
contaminant;

Particulate
filters
are
expected
to
be
universally
used
on
heavy­
duty
diesel
engines
by
the
2007
model
year;
Resolution
04­
16
4
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
in
the
forefront
in
adopting
the
most
stringent
motor
vehicle
emission
control
program
in
the
nation;

The
recently
revised
SIP
includes
a
SIP
Commitment
Measure
On­
Road
Heavy
Duty
 
3
to
complement
the
new
emission
standards
for
heavy­
duty
diesel
engines
and
to
achieve
reductions
of
in­
use
emissions
from
on­
road
heavy­
duty
diesel
vehicles;

Adopting
diagnostic
requirements
for
heavy­
duty
vehicles
is
an
essential
first
step
towards
monitoring
heavy­
duty
vehicle
emission
control
systems
and
meeting
the
state's
obligations
to
reduce
emissions
from
on­
road
heavy­
duty
vehicles;

To
assure
compliance
with
increasingly
stringent
emission
standards
that
are
required
for
future
heavy­
duty
engines
and
to
better
serve
repair
technicians,
it
is
necessary
that
engines
certified
to
those
standards
be
equipped
with
diagnostic
systems
that
monitor
the
emission
control
system;

To
assure
sufficient
leadtime
and
to
complement
the
more
stringent
2007
emission
standards,
section
1971
of
title
13,
CCR,
would
apply
to
2007
and
subsequent
model
year
on­
road
heavy­
duty
engines
and
vehicles
produced
for
sale
in
California
with
a
gross
vehicle
weight
rating
of
greater
than
14,000
pounds;

Section
1971
of
title
13,
CCR,
would
be
referred
to
as
the
EMD
regulation,
and
would
build
on
the
basic
engine
diagnostic
system
heavy­
duty
engine
manufacturers
are
currently
using
to
provide
diagnostic
capability
for
the
most
important
emission
control
systems;

Monitoring
of
the
major
emission
control
systems,
specifically
the
fuel
system,
exhaust
gas
recirculation
system,
PM
trap,
and
emission­
related
electronic
components,
is
needed
to
help
ensure
that
heavy­
duty
engines
that
have
been
certified
to
the
more
stringent
emission
standards
perform
at
or
near
such
levels
in­
use;

To
ensure
that
a
malfunction
of
any
of
these
systems/
components
is
promptly
fixed,
the
EMD
regulation
would
require
the
EMD
system
to
alert
the
vehicle
operator
to
the
problem
by
illuminating
a
warning
light
and
to
output
diagnostic
information
for
use
by
repair
technicians;
and
Resolution
04­
16
5
The
requirements
of
title
13,
CCR,
section
1971
are
necessary,
cost­
effective,
and
technologically
feasible
to
carry
out
the
purposes
of
the
California
Clean
Air
Act;
and
WHEREAS,
the
Board
further
finds
regarding
the
adoption
of
section
1971
of
title
13,
CCR
that:

With
respect
to
the
requirements
of
CEQA,
section
1971,
title
13,
CCR,
would
not
adversely
impact
the
environment
but
would
help
guarantee
that
engines
initially
certified
to
low
emission
standards
maintain
such
emission
levels
throughout
their
lives;
by
doing
so,
the
regulation
would
help
in
the
attainment
and
maintenance
of
the
national
ambient
air
quality
standards
for
ozone,
carbon
monoxide
and
nitrogen
dioxide;

Having
identified
that
the
regulation
should
not
adversely
affect
the
environment,
but
rather
help
ensure
that
measurable
emission
benefits
are
achieved
statewide,
section
1971,
title
13,
CCR,
should
not
adversely
impact
any
community
in
the
State,
especially
low­
income
or
minority
communities;

The
economic
and
cost
impacts
of
title
13,
CCR,
section
1971
have
been
analyzed
as
required
by
California
law,
and
the
conclusions
and
supporting
documentation
for
this
analysis
are
set
forth
in
the
Staff
Report:
Initial
Statement
of
Reasons
for
this
regulatory
action;

The
reporting
requirements
of
title
13,
CCR,
section
1971
applicable
to
businesses
are
necessary
for
the
health,
safety,
and
welfare
of
the
people
of
the
State;

No
alternative
considered
by
the
ARB,
or
that
has
otherwise
been
identified
and
brought
to
the
attention
of
the
ARB,
would
be
more
effective
in
carrying
out
the
purpose
of
the
regulation
or
would
be
as
effective
and
less
burdensome
to
affected
private
persons
than
the
regulation;

Though
there
is
currently
no
federal
regulation
requiring
diagnostic
systems
on
vehicles
and
engines
above
14,000
pounds
(
i.
e.,
no
federal
requirements
similar
to
the
requirements
of
title
13,
CCR,
section
1971),
the
U.
S.
Environmental
Protection
Agency
(
U.
S.
EPA)
has
indicated
its
intent
to
develop
a
federal
program
in
the
near
future
that
would
harmonize
with
the
California
program
and
that
would
use
the
California
program
as
a
template;
and
Resolution
04­
16
6
The
California
EMD
regulation
is
justified
in
that
state
law
authorizes
it
and
the
cost
of
the
regulation
is
justified
by
the
benefit
to
human
health,
public
safety,
public
welfare,
or
the
environment.

NOW,
THEREFORE,
BE
IT
RESOLVED
that
the
Board
hereby
approves
section
1971,
title
13,
CCR
as
set
forth
in
Attachments
A
and
B
hereto
and
such
other
conforming
modifications
as
may
be
appropriate;

BE
IT
FURTHER
RESOLVED
that
the
Board
directs
the
Executive
Officer
to
adopt
section
1971,
title
13,
CCR,
after
making
the
modified
regulatory
language
and
any
additional
supporting
documents
and
information
available
for
public
comment
for
a
period
of
15
days,
provided
that
the
Executive
Officer
shall
consider
such
written
comments
regarding
the
modifications
and
additional
supporting
documents
and
information
as
may
be
submitted
during
this
period,
shall
make
modifications
as
may
be
appropriate
in
light
of
the
comments
received,
and
shall
present
the
regulations
to
the
Board
for
further
consideration
if
he
or
she
determines
that
this
is
warranted.

BE
IT
FURTHER
RESOLVED
that,
with
the
adoption
of
title
13,
CCR,
section
1971,
the
Board
hereby
determines
that
pursuant
to
section
209(
b)
of
the
Clean
Air
Act
the
State's
standards
would,
in
the
aggregate,
be
at
least
as
protective
of
the
public
health
and
welfare
as
applicable
federal
standards,
that
California
needs
its
own
state
mobile
source
program
to
meet
compelling
and
extraordinary
conditions,
and
that
the
adopted
standards
and
procedures
are
not
inconsistent
with
section
202(
a)
of
the
Clean
Air
Act.

BE
IT
FURTHER
RESOLVED
that
the
Executive
Officer
shall,
upon
adoption,
forward
the
regulations
to
the
U.
S.
Environmental
Protection
Agency
with
a
request
for
a
waiver
of
federal
preemption
pursuant
to
section
209(
b)
of
the
Clean
Air
Act.

I
hereby
certify
that
the
above
is
a
true
and
correct
copy
of
Resolution
04­
16,
as
adopted
by
the
Air
Resources
Board.

_______________________________
Lori
Andreoni,
Clerk
of
the
Board
Resolution
04­
16
7
Resolution
04­
16
May
20­
21,
2004
Identification
of
Attachment
to
the
Resolution
Attachment
A:
Engine
Manufacturer
Diagnostic
System
Requirements
for
2007
and
Subsequent
Model
Year
Heavy­
Duty
Engines,
Section
1971,
Title
13,
California
Code
Regulations
Attachment
B:
Staff's
Suggested
Modifications
to
Engine
Manufacturer
Diagnostic
System
Requirements
for
2007
and
Subsequent
Model
Year
Heavy­
Duty
Engines,
Section
1971,
Title
13,
California
Code
Regulations
