State
of
California
AIR
RESOURCES
BOARD
EXECUTIVE
ORDER
G­
04­
069
Relating
to
the
Adoption
of
Engine
Manufacturer
Diagnostic
System
Requirements
for
2007
and
Subsequent
Model
Year
Heavy­
Duty
Engines
(
EMD)
Rulemaking
WHEREAS,
on
May
20,
2004,
the
Air
Resources
Board
(
the
Board
or
ARB)
conducted
a
public
hearing
to
consider
the
Adoption
of
Engine
Manufacturer
Diagnostic
System
Requirements
for
2007
and
Subsequent
Model
Year
Heavy­
Duty
Engines
(
EMD)
set
forth
in
the
Initial
Statement
of
Reasons
released
to
the
public
on
April
2,
2004;

WHEREAS,
following
the
public
hearing
on
May
20,
2004,
the
Board
adopted
Resolution
04­
16,
in
which
the
Board
approved
the
proposed
adoption
of
section
1971,
of
title
13,
California
Code
of
Regulations
(
CCR),
as
set
forth
in
Attachment
A
thereto,
with
the
modifications
described
in
Attachment
B
thereto;

WHEREAS,
Resolution
04­
16
also
directed
the
Executive
Officer
to
take
final
action
to
adopt
the
regulatory
amendments
set
forth
in
Attachment
A
and
Attachment
B
to
Resolution
03­
37,
with
such
other
conforming
modifications
as
may
be
appropriate,
to
make
the
modified
regulatory
language
and
any
additional
supporting
documents
and
information
available
to
the
public
for
a
period
of
at
least
15
days,
to
consider
such
written
comments
as
may
be
submitted
during
this
period,
and
to
make
such
modifications
as
may
be
appropriate
in
light
of
the
comments
received,
or
to
present
the
regulatory
amendments
to
the
Board
for
further
consideration
if
she
determines
that
this
is
warranted;

WHEREAS,
February
26,
2004,
the
modified
regulations,
reflecting
the
amendments
approved
by
the
Board
and
other
changes
made
to
best
reflect
the
intent
of
the
Board
at
the
hearing,
were
made
available
for
public
comment
for
a
period
of
at
least
15
days,
with
the
changes
to
the
originally
proposed
text
clearly
indicated,
in
accordance
with
the
provisions
of
title
1,
California
Code
of
Regulations,
section
44;

WHEREAS,
no
written
comments
were
received
during
the
supplemental
15­
day
comment
period;

NOW,
THEREFORE,
IT
IS
ORDERED
that
the
recitals
and
findings
contained
in
Resolution
04­
16
are
incorporated
herein.
­
2­

ADOPTION
OF
ENGINE
MANUFACTURER
DIAGNOSTIC
SYSTEM
REQUIREMENTS
 
G­
04­
069
IT
IS
FURTHER
ORDERED,
in
accordance
with
Resolution
04­
16,
that
the
adoption
of
new
section
1971,
title
13,
CCR,
are
hereby
adopted
as
set
forth
in
Attachment
I
hereto;

Executed
this
day
of
November,
2004,
at
Sacramento,
California.

Catherine
Witherspoon
Executive
Officer
Attachment
