State of California

AIR RESOURCES BOARD

EXECUTIVE ORDER R-07-001

Adoption of New Emission Standards, Fleet Requireme nts, and Test Procedures for Forklifts and Other Industrial Equipment

WHEREAS, on May 25, 2006, the Air Resources Board ( the Board or ARB) conducted a public hearing to consider adoption of regulation s to reduce the ozone-forming emission of hydrocarbons and oxides of nitrogen (HC + NOx) from new and in-use forklifts and other industrial equipment, as set fo rth in the Initial Statement of Reasons released to the public on March 3, 2006;

WHEREAS, following the public hearing on, the Board adopted Resolution 06-11 in which the Board approved adoption and amendment of the following sections of title 13, California Code of Regulations, and the documents i ncorporated by reference therein

that relate to new and in-use forklifts and other i ndustrial equipment: division 3, chapter 15, Additional Off-Road Vehicles and Engines Pollut ion Control Requirements, article 2, Off-Road Large Spark-Ignition Engine Fleet Requirem ents, sections 2775, 2775.1, and 2775.2; division 3, chapter 15, Additional Off-Road Vehicles and Engines Pollution Control Requirements, article 3, Verification Proce dure, Warranty, and In-Use Compliance Requirements for Retrofits to Control Em issions from Off-Road Large Spark-Ignition Engines, sections 2780 through 2789; division 3, chapter 9, Off-Road Vehicles and Engines Pollution Control Devices, art icle 4.5, Large Spark-Ignition Engines, sections 2430, 2433, and 2433, and the inc orporated “California Exhaust

Emission Standards and Test Procedures for New 2001 Through 2006 Off-Road Large Spark-Ignition Engines,” the incorporated “Californ ia Exhaust Emission Standards and Test Procedures for New 2007 through 2009 Off-Road Large Spark-Ignition Engines,” and the incorporated “California Exhaust Emission S tandards and Test Procedures for New 2007 and Later Off-Road Large Spark-Ignition En gines,” as set forth in the attachments to the Initial Statement of Reasons, an d as set forth in Attachment A thereto, with the modifications described in Attach ment B thereto;

WHEREAS, Resolution 06-11 directed the Executive Of ficer to take final action to adopt the regulatory amendments set forth in Attachments A and B to Resolution 06-11, with such other conforming modifications as might be app ropriate, after making the modified regulatory language available to the public for a p eriod of at least 15 days, provided that

the Executive Officer considered such written comme nts as might be submitted during this period, make such further modifications as mig ht be appropriate in light of the comments received or as necessary to ensure consist ency with the modifications approved by the Board, and presented the regulatory amendments to the Board for

further consideration if she determined that this w as warranted;

WHEREAS, during two supplemental notice periods fro m December 1, 2006 to January 12, 2007 and from February 1, 2007 to February 16, 2007, the modified regulations,Executive Order R-07-001 -2-

attached hereto in Attachments 1 and 2, reflecting the amendments approved by the Board and other changes made to best reflect the in tent of the Board at the hearing and to respond to comments, were made available for pub lic comment for periods of at least 15 days, with the changes to the originally propose d text clearly indicated, in accordance with the provisions of title 1, Californ ia Code of Regulations, section 44; and

WHEREAS, written comments were received during the 15-day comment period and those comments have been considered by the Executiv e Officer;

NOW, THEREFORE, IT IS ORDERED that the recitals and findings contained in Resolution 06-11 are incorporated by reference here in.

IT IS FURTHER ORDERED that the following regulation s are amended and adopted as

set forth in Attachment 3 hereto: California Code o f Regulations, title 13, division 3, chapter 15, Additional Off-Road Vehicles and Engine s Pollution Control Requirements, article 2, Off-Road Large Spark-Ignition Engine Fle et Requirements, sections 2775, 2775.1, and 2775.2; division 3, chapter 15, Additio nal Off-Road Vehicles and Engines Pollution Control Requirements, article 3, Verifica tion Procedure, Warranty, and In-Use Compliance Requirements for Retrofits to Control Em issions from Off-Road Large Spark-Ignition Engines, sections 2780 through 2789; division 3, chapter 9, Off-Road Vehicles and Engines Pollution Control Devices, art icle 4.5, Large Spark-Ignition Engines, sections 2430, 2433, 2433, 2334, and 2438, and the incorporated “California

Exhaust Emission Standards and Test Procedures for New 2001 Through 2006 OffRoad Large Spark-Ignition Engines, Parts I and II,” the incorporated “California Exhaust and Evaporative Emission Standards and Test Procedu res for New 2007 through 2009 Off-Road Large Spark-Ignition Engines,” and the inc orporated “California Exhaust and Evaporative Emission Standards and Test Procedures fro New 2010 and Later OffRoad Large Spark-ignition Engines, and the incorpor ated “California Exhaust and Evaporative Emission Standards and Test Procedures for New 2007 and Later OffRoad Large Spark-Ignition Engines (Test Procedures 1065 and 1068).”

Executed this 2nd day of March, 2007, at Sacramento , California.

Catherine Witherspoon

Executive Officer

Attachments