State of California 

AIR RESOURCES BOARD 

Resolution 06-23 

July 20, 2006 

Agenda Item No. 06-7-4 

WHEREAS, sections 39600 and 39601 of the Health and Safety Code authorize the Air 

Resources Board (ARB or 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 43013 of the Health and Safety Code authorizes the Board to adopt 

standards and regulations to control emissions from off-road or nonvehicle engine 

categories, including, but not limited to, off-highway motorcycles, off-highway vehicles 

and utility vehicles; 

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 the 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 emission reduction possible from vehicular and other 

mobile sources to accomplish the attainment of state ambient air quality standards by 

the earliest practicable date; 

WHEREAS, in January 1994 the Board adopted title 13, California Code of Regulations 

(CCR), division 3, chapter 9, article 3, “Off-Highway Recreational Vehicles and Engines” 

and its incorporated documents, which established exhaust emission standards, test 

procedures, and enforcement provisions for Off-Highway Recreational Vehicles (OHRV) 

and Engines; 

WHEREAS, in December 1998 the Board adopted amendments to the OHRV 

Regulation, which as amended, provide for emissions noncompliant certification and 

restricted riding seasons for OHRVs so certified; 
Resolution 06-23 2

WHEREAS, the OHRV Regulation applies to OHRVs including off-road motorcycles and 

all-terrain vehicles with engines greater than 90 cubic centimeters produced on or after 

January 1, 1997, and to off-road motorcycles and all-terrain vehicles with engines 

90 cubic centimeters or less produced on or after January 1, 1999; 

WHEREAS, the State Implementation Plan (SIP) adopted by the Board in 

November 1994, which establishes the state strategy for attaining the national ambient 

air quality standards for ozone in all areas of the state by 2010 as required by federal 

law, includes the emissions reductions associated with the OHRV Regulation; 

WHEREAS, in November 2002, the United States Environmental Protection Agency 

(U.S. EPA) finalized its own regulation for OHRVs, which contains standards for both 

evaporative and exhaust emissions, while the current California OHRV Regulations 

have no evaporative emissions requirements; 

WHEREAS, the federal regulation of OHRVs did not begin until the 2006 model year, 

and will not be completed until 2008; 

WHEREAS, to receive green sticker registration from California’s Department of Motor 

Vehicles (DMV), OHRVs must comply with the OHRV Regulation, including the exhaust 

emission standards set forth therein; properly green-stickered vehicles are not subject 

to riding season limitations in California OHRV riding areas; 

WHEREAS, OHRVs certified as emissions noncompliant under the OHRV Regulation 

do not meet the exhaust emission standards set forth therein; these vehicles receive red 

sticker registration from DMV and can only be operated in California OHRV riding areas 

during the designated riding seasons listed in title 13, CCR, section 2415, table 1; 

WHEREAS, staff has proposed amendments to the OHRV Regulation, set forth in 

Attachment A hereto, and to the incorporated “California Exhaust Emissions Standards 

and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and 

Engines,” set forth in Attachment B hereto, which include the following: 

Adoption of evaporative emission standards for OHRVs that will align with the 

U.S. EPA standards and further reduce ozone-forming emissions due to OHRV 

permeation losses; 

Amendments to the definitions in title 13, CCR, section 2411 for vehicles that are 

subject to the OHRV regulation in order to clarify the applicability to and/or 

include all-terrain vehicles and certain types of off-road utility vehicles; 

Allowing manufacturers of certain types of off-road utility vehicles to follow the 

same certification test procedures as all-terrain vehicles, in order to demonstrate 

compliance with proposed exhaust emission standards in the OHRV regulation 

that are of equivalent stringency as the large spark-ignition engine or small off-
Resolution 06-23 3

road engine standards which currently apply to these vehicles, taking the test 

procedures into account; 

Clarifying the labeling requirements for OHRVs by inserting into title 13, CCR, 

section 2413, the language that had been previously incorporated by reference; 

Revising the riding seasons for red-stickered OHRVs to a more uniform schedule 

of dates that reflect current air quality and facilitate enforcement; 

WHEREAS, in response to comments received from the public since issuance of the 

Staff Report: Initial Statement of Reasons on June 2, 2006, the staff is suggesting that 

the Board approve the originally proposed amendments with the modifications set forth 

in Attachment C hereto, which would allow off-road sport vehicles, off-road utility 

vehicles and sand cars to be certified using the OHRV test procedures to standards; 

WHEREAS, the amendments approved herein will ensure full implementation of the 

OHRV Regulations and will achieve the intended emissions reductions from OHRVs 

prospectively; 

WHEREAS, the California Environmental Quality Act and Board regulations require that 

no project which may have significant adverse environmental impacts be adopted as 

originally proposed if feasible alternatives or mitigation measures are available to 

reduce or eliminate such impacts; 

WHEREAS, the Board has considered the impact of this proposed regulatory action on 

the economy of the state; 

WHEREAS, the Board must find that no alternative considered would be more effective, 

or equally effective and less costly, in achieving the regulatory objectives sought than 

the proposed regulations; 

WHEREAS, section 209(e) of the federal Clean Air Act, as amended in 1990, requires 

that the ARB receive authorization from the U.S. EPA Administrator to adopt and 

enforce standards relating to the control of emissions from non-road engines or 

vehicles; 

WHEREAS, the proposed amendments will not change the existing exhaust emission 

standards adopted in 1994 for OHRVs or any of the exhaust emissions certification and 

related requirements of the regulation; 

WHEREAS, because California’s more stringent exhaust standards provide better 

assurances for lower ozone-forming emissions and carbon monoxide emissions, the 

current and continued use of the OHRV exhaust emissions standards offers the best 

protection for California; 
Resolution 06-23 4

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; 

WHEREAS, the administrative procedures described immediately above require public 

involvement before state agencies propose regulations that are complex or numerous; 

WHEREAS, a pre-proposal public workshop on potential OHRV amendments was held 

at ARB’s offices in El Monte, California on March 23, 2006; 

WHEREAS, in consideration of the Initial Statement of Reasons, written comments, and 

public testimony it has received, the Board finds that: 

Despite advances in reducing emissions from motor vehicles, California still has 

the most severe air pollution problems in the United States; 

To meet federal and California Clean Air Act emissions reduction requirements, 

ARB must continue to achieve proportional and incremental reductions from all 

sources under its authority, including OHRVs; 

The economic and cost impacts of the amendments have been analyzed as 

required by California law, and the conclusions for this analysis are set forth in 

the Initial Statement of Reasons; 

California regulation of OHRVs differing from federal regulation is authorized by 

law, and the cost of differing state regulations continues to be justified by the 

benefit to human health, public welfare, and the environment; and 

No reasonable alternative considered would be more effective, or equally 

effective and less costly, in achieving the emission reductions enabled by the 

amendments approved herein; 

WHEREAS, pursuant to the requirements of the California Environmental Quality Act 

and the Board's regulations, the Board further finds that: 

Based on its independent judgment and analysis of the whole record before it, 

composed of all materials in the rulemaking record that is available at the Board's 

offices, the amendments approved herein will not have a significant or potentially 

significant negative effect on the environment. 

NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves the 

amendments to title 13, CCR, division 3, chapter 9, article 3, “Off-Highway Recreational 

Vehicles and Engines,” sections 2411, 2412, 2413 and 2415, as set forth in 

Attachment A hereto, and to the incorporated “California Exhaust Emissions Standards 

and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and 

Engines,” as set forth in Attachment B hereto, with the modifications described in 

Attachment C hereto. 
Resolution 06-23 5

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to adopt the 

above amendments as set forth in Attachments A and B hereto, with the modifications 

set forth in Attachment C hereto and such other conforming modifications and technical 

amendments as may be appropriate, after making the modified regulatory language and 

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 modification 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 amendments to the 

Board for further consideration if she determines that this is warranted. 

BE IT FURTHER RESOLVED that the staff is directed to continue to meet with 

interested parties including industry on the best way to categorize various kinds of 

vehicles that are or may be subject to the OHRV regulation; the conforming 

modifications to the amendments approved herein may reflect refinements resulting 

from these discussions as long as the refinements do not reduce the overall stringency 

of the standards that currently apply to these vehicles. 

BE IT FURTHER RESOLVED that the Board hereby determines that the regulations 

adopted herein will not cause the California emissions 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 and test procedures are necessary to meet compelling and 

extraordinary conditions. 

BE IT FURTHER RESOLVED that the Board finds that the California emission 

standards and test procedures as adopted herein will not cause the California 

requirements to be inconsistent with the federal Clean Air Act, as amended, and raise 

no new issues affecting previous waiver determinations of the Administrator of the U.S. 

Environmental Protection Agency pursuant to section 209 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 

confirmation that the regulations are within the scope of an existing authorization, or if 

necessary seek a new authorization, pursuant to section 209 of the Clean Air Act. 

I hereby certify that the above is a true 

and correct copy of Resolution 06-23, as 

adopted by the Air Resources Board. 

_______________________________ 

Lori Andreoni, Clerk of the Board 
Resolution 06-23 

July 20, 2006 

Identification of Attachments to the Resolution

Attachment A: Proposed amendments to the Off-Highway Recreational Vehicles 

and Engines Regulation, as set forth in Attachment A to the Staff 

Report: Initial Statement of Reasons released June 2, 2006. 

Attachment B: Proposed amendments to the “California Exhaust Emissions 

Standards and Test Procedures for 1997 and Later Off-Highway 

Recreational Vehicles and Engines,” as set forth in Attachment B to 

the Staff Report: Initial Statement of Reasons released 

June 2, 2006. 

Attachment C: Staff’s Suggested Modifications to the Original Proposal, distributed 

at the Board Hearing on July 20, 2006.