TITLE 13. CALIFORNIA AIR RESOURCES BOARD 

NOTICE OF PUBLIC HEARING TO CONSIDER TECHNICAL STATUS AND 

PROPOSED REVISIONS TO ON-BOARD DIAGNOSTIC SYSTEM REQUIREMENTS 

FOR HEAVY-DUTY ENGINES, PASSENGER CARS, LIGHT-DUTY TRUCKS, 

MEDIUM-DUTY VEHICLES AND ENGINES 

The Air Resources Board (ARB or Board) will conduct a public hearing at the time and 

place noted below to consider adopting amendments to California’s Heavy Duty Engine 

On-Board Diagnostic System Requirements (HD OBD) and On-Board Diagnostic 

System Requirements for Passenger Cars, Light-Duty Trucks, and Medium-Duty 

Vehicles and Engines (OBD II). The Board will consider amendments to the HD OBD 

and OBD II regulations to update the diesel monitoring requirements, to make some 

requirements consistent between the HD OBD and OBD II regulations, and to clarify 

and improve the regulation where necessary, among other revisions. 

DATE: August 23, 2012

TIME: 9:00 a.m. 

PLACE: California Environmental Protection Agency 

Air Resources Board 

Byron Sher Auditorium 

1001 I Street 

Sacramento, California 95814 

This item may be considered at a two day meeting of the Board, which will commence 

at 9:00 a.m., August 23, 2012, and may continue at 8:30 a.m., on August 24, 2012. 

This item may not be considered until August 24, 2012. Please consult the agenda for 

the meeting, which will be available at least 10 days before August 23, 2012, to 

determine the day on which this item will be considered. 

INFORMATIVE DIGEST OF PROPOSED ACTION AND POLICY STATEMENT 

OVERVIEW 

Sections Affected: Proposed amendments to California Code of Regulations, title 13, 

sections 1968.2, 1968.5, 1971.1, and 1971.5 and the following documents incorporated 

by reference therein: 

ARB Mail-Out #MSC 09-22, “Guidelines for Heavy-Duty On-Board Diagnostic (HD OBD) 

Certification Data,” July 7, 2009. 

International Standards Organization (ISO) 15765-4:“Road Vehicles – Diagnostics 

Communications over Controller Area Network (CAN) – Part 4: Requirements for 

emission-related systems,” February 2011. 
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Society of Automotive Engineers (SAE) J1699-3 – “Vehicle OBD II Compliance Test 

Cases”, December 2009. 

SAE J1930-DA “Electrical/Electronic Systems Diagnostic Terms, Definitions, 

Abbreviations, and Acronyms Web Tool Spreadsheet”, March 2012. 

SAE J1979 "E/E Diagnostic Test Modes," February 2012. 

SAE J1979-DA “Digital Annex of E/E Diagnostic Test Modes”, October 2011. 

SAE J2012-DA “Digital Annex of Diagnostic Trouble Code Definitions and Failure Type 

Byte Definitions”, July 2010. 

SAE J2403 “Medium/Heavy-Duty E/E Systems Diagnosis Nomenclature,” February 

2011. 

SAE J1939 consisting of: 

J1939 Recommended Practice for a Serial Control and Communications Vehicle 

Network, April 2011; 

J1939/01 On-Highway Equipment Control and Communications Network, 

May 2011; 

J1939/13 Off-Board Diagnostic Connector, October 2011; 

J1939/21 Data Link Layer, December 2010; 

J1939/31 Network Layer, May 2010; 

J1939/71 Vehicle Application Layer (Through May 2010), March 2011; 

J1939/73 Application Layer—Diagnostics, February 2010; 

J1939/81 Network Management, June 2011; and 

J1939/84 OBD Communications Compliance Test Cases For Heavy Duty 

Components and Vehicles, December 2010. 

Background: 

OBD systems serve an important role in helping to ensure that engines and vehicles 

maintain low emissions throughout their full life. OBD systems monitor virtually all 

emission controls on gasoline and diesel engines, including catalysts, particulate matter 

(PM) filters, exhaust gas recirculation systems, oxygen sensors, evaporative systems, 

fuel systems, and electronic powertrain components as well as other components and 

systems that can affect emissions when malfunctioning. The systems also provide 

specific diagnostic information in a standardized format through a standardized serial 

data link on-board the vehicles. The use and operation of OBD systems ensure 

reductions of in-use motor vehicle and motor vehicle engine emissions through 

improvements in emission system durability and performance. 

The Board originally adopted comprehensive OBD regulations in 1989, requiring all 

1996 and newer model year passenger cars, light-duty trucks, and medium-duty 

vehicles and engines to be equipped with OBD systems (referred to as OBD II). The 
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Board subsequently updated the OBD II requirements in 2002 with the adoption of 

California Code of Regulations, title 13, section 1968.2, which established OBD II 

requirements and enforcement requirements for 2004 and subsequent model year 

vehicles. The Board has modified the OBD II regulation in regular updates since initial 

adoption to address manufacturers’ implementation concerns and, where needed, to 

strengthen specific monitoring requirements. The Board last adopted comprehensive 

updates to the OBD II requirements in 2006 to address several concerns and issues 

regarding the regulation (California Code of Regulations, title 13, §1968.2) and 

enforcement requirements (§1968.5), while minor updates were made to the OBD II 

regulations in 2011. In 2005, ARB adopted California Code of Regulations, title 13, 

section 1971.1, which established comprehensive OBD requirements for 2010 and 

subsequent model year heavy-duty engines and vehicles (i.e., vehicles with a gross 

vehicle weight rating greater than 14,000 pounds), referred to as HD OBD. The Board 

subsequently updated the HD OBD regulation in 2009 as well as adopted HD OBDspecific enforcement requirements (California Code of Regulations, title 13, §1971.5). 

Finally, as part of the 2009 update, the Board aligned the HD OBD with OBD II 

requirements for medium-duty vehicles. 

Objectives and Benefits: 

The purpose of the HD OBD and OBD II regulations is to reduce motor vehicle and 

motor vehicle engine emissions by establishing emission standards and other 

requirements for onboard diagnostic systems (OBD systems) that are installed on 2010 

and subsequent model-year engines certified for sale in heavy-duty applications in 

California. The OBD systems, through the use of an onboard computer(s), monitor 

emission systems in-use for the actual life of the engine, detect malfunctions of the 

monitored emission systems, illuminate a malfunction indicator light (MIL) to notify the 

vehicle operator of detected malfunctions, and store fault codes identifying the detected 

malfunctions. The use and operation of OBD systems ensure reductions of in-use motor 

vehicle and motor vehicle engine emissions through improvements in emission system 

durability and performance. 

In adopting the HD OBD and OBD II regulations, the Board directed the staff to continue 

to follow manufacturers’ progress towards meeting the regulations’ requirements and to 

report back should modifications to the requirements be deemed appropriate. Since 

then, staff has met with stakeholders in teleconferences and face-to-face meetings, 

including a public workshop in March 2012, where staff and manufacturers identified 

areas in which modifications to the HD OBD and OBD II regulations, as it applies to 

medium-duty diesel vehicles, would be beneficial. 

Additionally, since the adoption of amendments in 2010, stakeholders have argued that 

OBD system requirements are not emission standards or test procedures and that ARB 

does not have authority to order manufacturers to recall motor vehicles or engines if 

ARB were to determine that an installed OBD system was found to be in noncompliance 

with the HD OBD regulation. To clarify any misunderstanding, ARB staff is proposing 

that the OBD regulations be amended to be consistent with the federal definition of 
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emission standard as set forth in Engine Manufacturers Association v. South Coast Air 

Quality Management District (2004) 541 U.S. 246, 253, 124 S.Ct. 1756, 1762 (EMA). 

For purposes of clarification and consistency, ARB staff is also adding the terms 

”exhaust emission standard” and ”evaporative emission standard” in the definitions 

section to provide more specificity, where needed, to preexisting textual references to 

emission standards. 

The proposed changes to the HD OBD regulation include revisions that accelerate the 

start date for OBD system implementation on alternate-fueled engines from the 2020 

model year to the 2018 model year, relax some requirements for OBD systems on 

heavy-duty hybrid vehicles for the 2013 through 2015 model years, relax the 

malfunction thresholds until the 2016 model year for three major emission control 

systems (PM filters, oxides of nitrogen (NOx) catalysts, and NOx sensors) on diesel 

engines based on the current limits of technical feasibility, delay the monitoring 

requirements for some diesel-related components until 2015 to provide further lead time 

for emission control strategies to stabilize, and clarify requirements for several monitors 

and standardization. Proposed amendments to the HD OBD regulation include: 

 Clarifying the purposes and objectives of the OBD regulations 

 Adding a definition of emission standard as it applies to OBD systems 

 Adding definitions for exhaust and evaporative emission standards 

 Revisions related to alternate-fueled engines 

 Adding definitions and revising the permanent fault code storage and erasure 

protocol and in-use monitoring performance requirements applicable to hybrid 

vehicles 

 Revising the freeze frame storage and erasure protocol 

 Revising the in-use monitoring performance requirements for the PM filter and 

PM sensor monitors 

 Revising the diesel misfire monitoring requirements to no longer require emission 

threshold-based malfunction criteria and to require expanded monitoring 

conditions. 

 Revising the 2013 through 2015 model year malfunction thresholds for the diesel 

PM filter monitor, the NOx catalyst monitor, and the NOx sensor monitor 

 Delaying some monitoring requirements for catalyzed PM filters and diesel nonmethane hydrocarbon converting catalysts from the 2013 model year to the 2015 

model year 

 Revising the cooling system monitoring requirements to clarify when monitor 

enablement can occur 

 Updating the SAE and ISO document references 

 Revising the standardized communication protocol and diagnostic connector 

requirements to account for the new 500 kbps baud rate version of SAE J1939. 

 Revising the readiness status requirements to clarify which monitors are to be 

included in determining readiness 

 Clarifying the calibration verification number requirements 

 Revising the certification demonstration testing requirements to clarify how to 

perform the testing for gasoline air-fuel ratio cylinder imbalance monitoring and 
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exhaust gas sensor monitoring, to exempt manufacturers from testing the diesel 

misfire monitor, and to clarify the test requirements for catalyst faults and other 

faults where default actions are taken 

 Adding items required to be submitted as part of the certification application 

 Revising the deficiencies section to allow up to two free deficiencies for 2013 

through 2015 model year heavy-duty hybrid vehicles and for PM filter and PM 

sensor monitors 

Concurrently, the staff is proposing to update the medium-duty vehicle diesel-related 

requirements in the medium-duty OBD II regulation (§1968.2) to be consistent with the 

proposed diesel-related amendments to the HD OBD regulation. These proposed 

changes for medium-duty vehicles include diesel monitoring requirements and dieselrelated in-use monitor performance requirements mentioned above. This would allow 

manufacturers of both heavy-duty and medium-duty diesel engines to design to and 

meet essentially the same requirements. 

Further, the staff is also proposing amendments to the HD OBD and OBD II 

enforcement regulations (California Code of Regulations, title 13, §1971.5 and §1968.5, 

respectively) to align with the proposed diesel-related changes to the HD OBD and OBD 

II regulations, specifically the selection criteria of engines/vehicles for the test sample 

group and the mandatory recall provisions for diesel engines. 

The proposed HD OBD and OBD II amendments provide engine manufacturers with 

greater compliance flexibility and clarify the performance requirements that they are 

expected to meet in designing and developing robust OBD systems. This in turn will 

encourage manufacturers to design and build more durable engines and emissionrelated components, all of which will help ensure that forecasted emission reduction 

benefits from adopted medium- and heavy-duty engine emission control programs are 

achieved in-use. 

CONSISTENCY AND COMPATIBILITY WITH EXISTING STATE REGULATIONS 

As stated above, OBD II regulations were first adopted in 2002 while the HD OBD 

regulations were first adopted in 2005. The intent of OBD systems is to ensure that 

motor vehicle tailpipe and evaporative emission standards are met in-use throughout 

the useful lives of the motor vehicle and that emission-related components are durable 

and effective. The proposed amendments will provide for robust systems that are 

consistent and compatible with existing State regulations. 

MANDATED BY FEDERAL LAW OR REGULATIONS 

The federal Clean Air Act establishes ambient air quality standards that states must 

achieve by specific dates. The Clean Air Act does not mandate specific requirements 

that states must adopt but instead provides states with discretion on how to achieve 

these emission reductions. The OBD amendments set forth here have been 
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determined by the California legislature and ARB as a necessary and important part of 

California’s emission reduction program to achieve the federal objectives.

COMPARABLE FEDERAL REGULATIONS

In February 1993, the U.S. EPA promulgated final OBD requirements for federally 

certified light-duty vehicles and trucks. (40 CFR Part 86, §§ 86.094-2, 86.094-17, 

86.094-18(a), 86.094-21(h), 86.094-25(d), 86.094-30(f), 86.094-35(I), 86.095-30(f), 

86.095-35(I); see 58 Fed.Reg. 9468-9488 (February 19, 1993).) The requirements 

were later amended to require OBD systems on medium-duty vehicles by the 2008 

model year. The final rule with the latest modifications of the requirements was 

published on February 24, 2009. A central part of the federal regulation is that, for 

purposes of federal certification of vehicles, U.S. EPA will deem California-certified 

OBD II systems to comply with the federal regulations. 

In Health and Safety Code sections 43013, 43018, and 43101, the Legislature expressly 

directed ARB to adopt emission standards for new motor vehicles that are necessary 

and technologically feasible and to endeavor to achieve the maximum degree of 

emission reduction possible from vehicular and other mobile sources in order to 

accomplish the attainment of the State standards at the earliest practicable date. ARB 

initially adopted the OBD II regulations to meet those legislative directives. The OBD II 

regulation was first adopted in 1990. On October 3, 1996, the U.S. EPA formally 

granted California’s request for a waiver regarding the OBD II regulation, as last 

amended in December 1994,1

 recognizing that the OBD II regulation is at least as 

stringent in protecting public health and welfare as the federal regulation, and that 

unique circumstances exist in California necessitating the need for the State’s own 

motor vehicle regulations program. 

The federal OBD requirements are comparable in concept and purpose with California’s 

OBD II regulation; however, differences exist with respect to the scope and stringency 

of the requirements of the two regulations. More specifically, California’s current OBD II 

regulations are generally more comprehensive and stringent than the comparable 

federal requirements. Under OBD II requirements, manufacturers must implement 

monitoring strategies for essentially all emission control systems and emission-related 

components. Generally, the OBD II regulation requires that components be monitored 

to indicate malfunctions when component deterioration or failure causes emissions to 

exceed 1.5 times the applicable tailpipe emission standards of the certified vehicle. The 

regulation also requires that components be monitored for functional performance even 

if the failure of such components does not cause emissions to exceed 1.5 times the 

standard. The federal requirements, in contrast, require monitoring only of the catalyst, 

engine misfire, evaporative emission control system, and oxygen sensors. Other 

emission control systems or components, such as exhaust gas recirculation and 

secondary air systems, need only be monitored if by malfunctioning, vehicle emissions 

exceed 1.5 times the applicable tailpipe standards. No functional monitoring is required. 

 

1 California State Motor Vehicle Pollution Control Standards; Waiver of Federal Preemption; Decision,

dated October 3, 1996, 61 Fed.Reg. 53371 (October 11, 1996). 
7

Historically, virtually every vehicle sold in the U.S. is designed and certified to 

California’s OBD II requirements in lieu of the federal OBD requirements. 

ARB initially adopted the HD OBD regulation in 2005. A waiver for the regulation was 

granted by U.S EPA in 2008.2

 The U.S. EPA has also adopted OBD requirements for 

vehicles and engines above 14,000 pounds, which is the weight range for California’s 

“heavy-duty” class. The federal regulation, which was published on February 24, 2009, 

is consistent with ARB’s California regulation in almost all important aspects, and while 

minor differences may exist between these requirements, heavy-duty OBD systems can 

be designed to comply with both the federal and California programs. In fact, U.S. 

EPA’s regulation directly allows acceptance of systems that have been certified to 

California’s HD OBD regulation and to date, all heavy-duty engine manufacturers have 

chosen this path for certification. 

Finally, in 2004, the United States Supreme Court clarified the definition of emission 

standard as it applies to motor vehicles and motor vehicle engines, finding that emission 

standards relate to the emission characteristics of a vehicle or engine and that for 

compliance purposes require a motor vehicle or motor vehicle engine to emit no more 

than a certain amount of a given pollutant, be equipped with a certain type of pollutioncontrol device, or have some other design feature related to the control of emissions. 

(EMA. 541 U.S. at 253.) An OBD system, in general, is a design feature related to the 

control of emissions and specifically establishes malfunction criteria that set numerical 

emission limits for pollutants for the purpose of detecting emission control system 

malfunctions. The proposed amendments are intended to make clear that the definition 

of emission standard as used in the OBD regulations conform to the federal definition as 

interpreted. 

AVAILABILITY OF DOCUMENTS 

ARB staff has prepared a Staff Report: Initial Statement of Reasons (ISOR) for the 

proposed regulatory action, which includes a summary of the economic and 

environmental impacts of the proposal. The report is entitled: Technical Status and 

Revisions to Malfunction and Diagnostic System Requirements for Heavy-Duty Engines 

(HD OBD) and Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and 

Engines (OBD II). 

Copies of the ISOR and the full text of the proposed regulatory language, in underline 

and strikeout format to allow for comparison with the existing regulations, may be 

accessed on ARB’s website listed below, or may be obtained from the Public 

Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental 

Services Center, First Floor, Sacramento, California, 95814, (916) 322-2990, on 

July 5, 2012. 

 

2 California State Motor Vehicle Pollution Control Standards; Waiver of Federal Preemption; Decision,

dated August 13, 2008 73 Fed.Reg. 52042 (September 8, 2008),
8

Final Statement of Reasons Availability 

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 ARB’s website listed below. 

Internet Access 

This notice, the ISOR and all subsequent regulatory documents, including the FSOR, 

when completed, are available on ARB’s website for this rulemaking at 

http://www.arb.ca.gov/regact/2012/hdobd12/hdobd12.htm

AGENCY CONTACT PERSONS

Inquiries concerning the substance of the proposed regulation may be directed to the 

designated agency contact persons, Mike McCarthy, Manager, Advanced Engineering 

Section, at (626) 771-3614 or Adriane Chiu, Air Resources Engineer, Advanced 

Engineering Section, at (626) 350-6453. 

Further, nonsubstantive inquiries concerning the proposed administrative action may be 

directed to Ms. Lori Andreoni, Manager, Board Administration and Regulatory 

Coordination Unit at (916) 322-4011, or Ms. Amy Whiting, Regulations Coordinator at 

(916) 322-6533. The Board staff 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 contact persons. 

FISCAL IMPACT 

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. 

DISCLOSURES REGARDING THE PROPOSED REGULATION 

Pursuant to Government Code sections 11346.5(a)(5) and 11346.5(a)(6), the Executive 

Officer has determined that the proposed regulatory action would not create costs or 

savings to any State agency or 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 

Government Code, title 2, division 4, part 7 (commencing with section 17500), or other 

nondiscretionary cost or savings to State or local agencies. 

COST IMPACTS ON REPRESENTATIVE PRIVATE PERSONS OR BUSINESSES 

In developing this regulatory proposal, ARB staff evaluated the potential economic 

impacts on representative private persons or businesses. The proposed revisions to 

the regulations consist primarily of providing interim relaxations of requirements and 

clarifying existing requirements. The only changes that are expected to affect costs 

involve the increased reporting requirements for the diesel misfire monitor and the two 
9

year earlier implementation of full OBD for heavy-duty alternate-fueled engines. 

Regarding the diesel misfire monitor reporting requirements, the additional reporting 

costs to comply with the more comprehensive misfire monitoring requirements will result 

in total costs of about $30,000 annually when the requirement is fully phased-in, which 

amounts to an incremental cost of less than $0.56 per vehicle passed on to consumers. 

Thus, the cost related to heavy-duty engine manufacturers and medium-duty vehicle 

manufacturers are expected to be negligible. For heavy-duty alternate-fueled engines, 

the additional incremental cost for buyers of these vehicles has been estimated to range 

from $21 per vehicle for vehicles from large volume manufacturers to $207 per vehicle 

for small businesses. These costs, however, are expected to be offset by various 

financial incentives offered by the State and federal agencies that have ranged from 

$7500 to $32,000 per vehicle in past years. More details of this analysis are set forth in 

the ISOR. 

SIGNIFICANT STATEWIDE ADVERSE ECONOMIC IMPACT DIRECTLY AFFECTING 

BUSINESS, INCLUDING ABILITY TO COMPETE 

The Executive Officer has made an initial determination that the proposed regulatory 

action would not have a significant statewide adverse economic impact directly affecting 

businesses, including the ability of California businesses to compete with businesses in 

other states, or on representative private persons. Support for this determination is set 

forth in the ISOR. 

STATEMENT OF THE RESULTS OF THE ECONOMIC IMPACT ASSESSMENT 

PREPARED PURSUANT TO GOVERNMENT CODE SEC. 11346.3(b) 

The Executive Officer has determined that the proposed regulatory action would have 

minor or no impact on the creation or elimination of jobs within the State of California, 

the creation of new businesses or elimination of existing businesses within the State of 

California, or the expansion of businesses currently doing business within the State of 

California. A detailed assessment of the economic impacts of the proposed regulatory 

action can be found in the ISOR. 

Benefits of the Proposed Regulation: 

As set forth above, the proposed HD OBD and OBD II amendments will provide engine 

manufacturers with greater compliance flexibility and clarify the performance 

requirements that they are expected to meet in designing and developing robust OBD 

systems. This in turn will encourage manufacturers to design and build more durable 

engines and emission-related components, all of which will help ensure that forecasted 

emission reduction benefits from adopted medium- and heavy-duty engine emission 

control programs are achieved in-use. A detailed assessment of the economic impacts 

of the proposed regulatory action and ascribed benefits can be found in the Economic 

Impact Analysis in the ISOR. 
10

EFFECT ON SMALL BUSINESS 

The Executive Officer has also determined, pursuant to California Code of Regulations, 

title 1, section 4, that the proposed regulatory action may affect small businesses. 

There are an estimated nine alternate-fueled conversion manufacturers, some of which 

may be considered “small businesses”, though the exact number cannot be determined. 

One of these manufacturers is located in California. A typical small business is an 

alternate-fueled engine conversion manufacturer that converts up to 500 diesel or 

gasoline engines per year to run on alternate fuels. An analysis was conducted that 

estimates the cost of the proposed amendments on such a small business at $212,000 

over two years. Such small businesses would be expected to pass these costs on to 

the purchaser of the engine in the form of increased retail price for the converted engine 

as noted above in the cost impacts on private persons or businesses. 

REPORTING REQUIREMENTS 

In accordance with Government Code sections 11346.3(c) and 11346.5(a)(11), the 

Executive Officer has found that the reporting requirements of the regulation which 

apply to businesses are necessary for the health, safety, and welfare of the people of 

the State of California. 

ALTERNATIVES 

Before taking final action on the proposed regulatory action, the Board must determine 

that no reasonable alternative considered by the Board, or that has otherwise been 

identified and brought to the attention of the Board (which includes during preliminary 

workshop activities), 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, or would be more cost-effective to affected private 

persons and equally effective in implementing the statutory policy or other provisions of 

law. 

ENVIRONMENTAL ANALYSIS 

In accordance with ARB’s certified regulatory program, California Code of Regulations, 

title 17, sections 60006 through 60007, and the California Environmental Quality Act, 

Public Resources Code section 21080.5, ARB has conducted an analysis of the 

potential for significant adverse and beneficial environmental impacts associated with 

the proposed regulatory action. The environmental analysis of the proposed regulatory 

action can be found in Chapter III of the ISOR. 

SUBMITTAL OF COMMENTS AND WRITTEN COMMENT PERIOD 

Interested members of the public may also present comments orally or in writing at the 

meeting, and comments may be submitted by postal mail or by electronic submittal 

before the meeting. The public comment period for this regulatory action will begin on 
11

Monday, July 9, 2012. To be considered by the Board, written comments, not physically 

submitted at the meeting, must be submitted on or after Monday, July 9, 2012 and 

received no later than 12:00 noon on Wednesday, August 22, 2012, and must be 

addressed to the following: 

Postal mail: Clerk of the Board, Air Resources Board 

1001 I Street, Sacramento, California 95814 

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php

You can sign up online in advance to speak at the Board meeting when you submit an 

electronic board item comment. For more information go to: 

http://www.arb.ca.gov/board/online-signup.htm

 

Please note that under the California Public Records Act (Gov. Code, § 6250 et seq.), 

your written and oral comments, attachments, and associated contact information (e.g., 

your address, phone, email, etc.) become part of the public record and can be released 

to the public upon request. 

ARB requests that written and email statements on this item be filed at least 10 days 

prior to the hearing so that ARB staff and Board members have additional time to 

consider each comment. The Board encourages members of the public to bring to the 

attention of staff in advance of the hearing any suggestions for modification of the 

proposed regulatory action. 

Additionally, the Board requests but does not require that persons who submit written 

comments to the Board reference the title of the proposal in their comments to facilitate 

review. 

STATUTORY AUTHORITY AND REFERENCES 

This regulatory action is proposed under that authority granted in Health and Safety 

Code, sections 39010, 39600, 39601, 43000.5, 43013, 43016, 43018, 43100, 43101, 

43104, 43105, 43105.5, 43106, 43154, 43211, and 43212. This action is proposed to 

implement, interpret and make specific sections 39002, 39003, 39010, 39018, 39021.5, 

39024, 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 

39037.05, 39037.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 

39054, 39058, 39059, 39060, 39515, 39600, 39601, 43000, 43000.5, 43004, 43006, 

43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 

43151, 43152, 43153, 43154, 43155, 43156, 43204, 43205, 43211, and 43212 of the 

Health and Safety Code. 
12

HEARING PROCEDURES 

The public hearing will be conducted in accordance with the California Administrative 

Procedure Act, Government Code, title 2, division 3, part 1, chapter 3.5 (commencing 

with section 11340). 

Following the public hearing, the Board may adopt the regulatory language as originally 

proposed, or with non-substantial 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 and 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 ARB’s Public 

Information Office, Air Resources Board, 1001 I Street, Visitors and Environmental 

Services Center, First Floor, Sacramento, California, 95814, (916) 322-2990. 

SPECIAL ACCOMMODATION REQUEST 

Special accommodation or language needs can be provided for any of the following: 

 An interpreter to be available at the hearing; 

 Documents made available in an alternate format or another language; or 

 A disability-related reasonable accommodation. 

To request these special accommodations or language needs, please contact the Clerk 

of the Board at (916) 322-5594 or by facsimile at 916) 322-3928 as soon as possible, 

but no later than 10 business days before the scheduled Board hearing. 

TTY/TDD/Speech to Speech users may dial 711 for the California Relay Service. 

Comodidad especial o necesidad de otro idioma puede ser proveído para alguna de las 

siguientes: 

 Un intérprete que esté disponible en la audiencia. 

 Documentos disponibles en un formato alterno u otro idioma. 

 Una acomodación razonable relacionados con una incapacidad. 

 

Para solicitar estas comodidades especiales o necesidades de otro idioma, por favor 

llame a la oficina del Consejo al (916) 322-5594 o envíe un fax a (916) 322-3928 lo más 

pronto posible, pero no menos de 10 días de trabajo antes del día programado para la 
13

audiencia del Consejo. TTY/TDD/Personas que necesiten este servicio pueden marcar 

el 711 para el Servicio de Retransmisión de Mensajes de California. 

CALIFORNIA AIR RESOURCES BOARD 

 /S/ 

_________________________________ 

James N. Goldstene 

Executive Officer 

Date: June 26, 2012 

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 website at www.arb.ca.gov.