TITLE 13. CALIFORNIA AIR RESOURCES BOARD

NOTICE OF PUBLIC HEARING TO CONSIDER THE “LEV III” AMENDMENTS TO 

THE CALIFORNIA GREENHOUSE GAS AND CRITERIA POLLUTANT EXHAUST AND 

EVAPORATIVE EMISSION STANDARDS AND TEST PROCEDURES AND TO THE 

ON-BOARD DIAGNOSTIC SYSTEM REQUIREMENTS FOR PASSENGER CARS, 

LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY VEHICLES, AND TO THE EVAPORATIVE 

EMISSION REQUIREMENTS FOR HEAVY-DUTY VEHICLES

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

place noted below to consider adoption of a comprehensive set of “LEV III” 

amendments to the California Low-Emission Vehicle (LEV) regulations. These 

amendments reduce emissions of criteria pollutants from new light- and medium-duty 

vehicles by: reducing fleet average emissions from new passenger cars, light-duty trucks,

and medium-duty passenger vehicles to super ultra-low-emission vehicle levels by 2025;

replacing separate non-methane organic gas (NMOG) and oxides of nitrogen standards 

(NOx) with combined NMOG plus NOx standards; increasing full useful life durability 

requirements from 120,000 miles to 150,000 miles, which guarantees vehicles operate longer 

at these proposed extremely low emission particulate levels; creating a backstop to assure 

continued production of super-ultra-low-emission vehicles after partial zero-emission vehicles 

as a category are moved from the Zero-Emission Vehicle program to the LEV III program in 

2018; establishing more stringent particulate matter standards for light- and medium-duty 

vehicles; establishing zero fuel evaporative emission standards for passenger cars and 

light-duty trucks, and more stringent evaporative standards for medium-duty vehicles;

establishing more stringent supplemental federal test procedure (SFTP) standards for 

passenger cars and light-duty trucks; and, for the first time, requiring medium-duty vehicles to 

meet SFTP standards. Other minor amendments (e.g., in-use verification testing 

requirements, reporting requirements, etc.) are proposed to align existing related 

procedures with the principal amendments. These amendments also establish more 

stringent greenhouse gas regulations that: are comprised of three emission standards; a 

CO2 standard, a CH4 standard and a N2O standard; use a footprint-based approach to 

reduce emissions from new light-duty vehicles and medium-duty passenger vehicles; 

provide credits for improvements to the vehicle air conditioning system (either from the 

use of a refrigerant with a low Global Warming Potential or by incorporating 

improvements to the efficiency of the system); provide credits for technologies that 

reduce CO2 emissions but are not measured on the applicable test cycles ; and provide 

credits for technology innovations on the largest of pickup trucks. This comprehensive 

set of amendments, part of the Advanced Clean Cars regulatory proposals to be heard 

as a package on the same day, address multiple pollutant types in the context of 

California’s passenger motor vehicle program as a whole.
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DATE: January 26, 2012

TIME: 9:00 a.m.

PLACE: Metropolitan Water District of Southern California

700 N. Alameda Street

Los Angeles, CA 90012-2944

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

9:00 a.m., January 26, 2012, and may continue at 8:30 a.m., on January 27, 2012. This 

item may not be considered until January 27, 2012. Please consult the agenda for the 

hearing, which will be available at least 10 days before January 26, 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 1900, 1956.8, 1960.1, 1961, 1961.1, 1965, 1968.2, 1968.5, 1976, 1978, 2037, 

2038, 2062, 2112, 2139, 2140, 2145, 2147, 2235, and 2317; and to the following 

documents incorporated by reference therein: "California Exhaust Emission Standards 

and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles," as last amended September 27, 2010; "California 

Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model 

Motor Vehicles," as last amended September 27, 2010; "California Refueling Emission 

Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles," as 

last amended September 27, 2010 ; "Specifications for Fill Pipes and Openings of Motor 

Vehicle Fuel Tanks," as last amended January 22, 1990; "California Exhaust Emission 

Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty 

Otto-Cycle Engines," as last amended September 27, 2010; "California Exhaust 

Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty 

Diesel Engines and Vehicles," as last amended October 12, 2011; "California 

Environmental Performance Label Specifications for 2009 and Subsequent Model Year 

Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles, " as 

adopted May 2, 2008; "California Test Procedure for Evaluating Substitute Fuels and 

New Clean Fuels, " as adopted November 2, 1993; and proposed new "Specifications 

for Fill Pipes and Openings of 2015 and Subsequent Motor Vehicle Fuel Tanks;" and 

proposed new "California Test Procedure for Evaluating Substitute Fuels and New 

Clean Fuels in 2015 and Subsequent Years." 

Proposed adoption in California Code of Regulations, title 13, of new sections 1961.2 

and 1961.3 and new "California 2015 and Subsequent Model Criteria Pollutant Exhaust 

Emission Standards and Test Procedures and 2017 and Subsequent Model 

Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger 

Cars, Light-Duty Trucks, and Medium-Duty Vehicles" incorporated by reference therein, 
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and amendment of the following document incorporated by reference therein: "California 

Non-Methane Organic Gas Test Procedures," as last amended July 30, 2002.

Background

California’s Current Criteria Pollutant Emission Standards

The LEV II Program

In 1999, California adopted the second phase of the Low-Emission Vehicle Program 

(LEV). These amendments, known as LEV II, set more stringent fleet average nonmethane organic gas (NMOG) requirements for model years 2004-2010 for passenger 

cars and light-duty trucks, established additional emission categories to provide 

compliance flexibility with the revised fleet average requirements, and established a 

new emissions category, partial zero-emission vehicle (PZEV) that could be used 

toward meeting the zero-emission vehicle requirement. The amendments also 

expanded the heavier light-duty truck (LDT2) category to include trucks and sport utility 

vehicles up to 8,500 lbs. gross vehicle weight rating (GVWR) and required these 

vehicles to meet the same emission standards as passenger cars, and extended full 

useful life from 100,000 miles to 120,000 miles. The LEV II amendments also 

established more stringent emission standards for medium-duty vehicles (MDVs) 

between 8,501-14,000 lbs. GVW. The following table lists the vehicle classes affected 

by the current LEV program.

Vehicle Class Weight Range1

Passenger cars All weights

Light-duty truck 1 0-3750 lbs. LVW

Light-duty truck 2 3751 lbs. LVW – 8,500 lbs. GVWR

Medium-duty vehicle 8,501-10,000 lbs. GVWR

10,001-14,000 lbs GVWR

Other principal features of the current LEV program follow. 

 1 There are several classifications for vehicles based on weight. Curb weight is defined as the actual 

weight of the vehicle. Loaded vehicle weight (LVW) is defined as the curb weight plus 300 pounds. 

Gross vehicle weight rating (GVWR) is the maximum designed loaded weight of the vehicle; this means 

curb weight of the vehicle plus full payload. 
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Supplemental FTP Emission Regulations

Emissions from aggressive driving and from air conditioner use are not accounted for 

during typical emission testing for criteria pollutants, using the Federal Test Procedures 

(FTP). Instead, these “off-cycle” emissions are subject to the California Supplemental 

Federal Test Procedures (SFTP). 

Evaporative Emission Regulations

Compliance with the current evaporative emission regulations, adopted as part of the 

LEV II Program, is based on meeting three separate certification “whole vehicle” 

emission standards. Specifically, these include the running loss emission standard, the 

three-day diurnal plus high-temperature hot soak (three-day) emission standard, and 

the two-day diurnal plus moderate-temperature hot soak (two-day) emission standard.2 

The running loss emission standard ensures evaporative emission control during 

vehicle driving. The three-day emission standard ensures that the evaporative system 

can control evaporative emissions for three consecutive hot summer days. The two-day 

emission standard ensures an effective strategy to purge the vehicle carbon canister. 

As an option, a manufacturer may certify its passenger cars and light-duty trucks to 

more stringent requirements by complying with zero-evaporative emission standards. 

Specifically, these requirements consist of more stringent three-day and two-day whole 

vehicle emission standards, as well as a “zero” fuel evaporative emission standard. 

Over the two-day and three-day test procedures, passenger cars must meet a 0.35 

grams per test hydrocarbon emission standard (higher levels are allowed for larger 

vehicles), which includes fuel and non-fuel hydrocarbon emissions. They must also 

meet the zero-evaporative emission standards, which require a vehicle to emit no more 

than 0.054 grams per test of fuel-only evaporative emissions. Currently, manufacturers 

certify to zero-evaporative emission standards in order to qualify for Partial ZeroEmission Vehicle (PZEV) credits under the ZEV regulatory mandate. This PZEV 

certification and crediting applies only if the vehicle’s exhaust emissions are also 

certified to SULEV exhaust standards with a 150,000-mile useful life and a 150,000 mile 

emission warranty.

Environmental Performance Label

Currently, all new vehicles sold in California must include a California Environmental 

Performance Label, which provides consumers with a user-friendly scoring system for 

comparing the relative smog emissions (Smog Score) and global warming emissions 

(Global Warming Score) from comparable vehicles. Both scores are based on a scale 

of 1 -10, with 10 being the cleanest and 5 representing an average new car.

 2 Compliance with the running loss and three-day emission standards is demonstrated over a three-day 

diurnal test procedure. Compliance with the two-day emission standard is demonstrated over a two-day 

diurnal test procedure.
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Since the spring of 2010, ARB staff has advised the U.S. Environmental Protection 

Agency (USEPA) and the National Highway Traffic Safety Administration (NHTSA) on 

its proposal to revise the federal Fuel Economy Label, so that as revised it could serve 

as an alternative to the California Environmental Performance Label.

Important California requirements addressed by the final, adopted federal label 

included:

• Adding the following statement to the label: “Vehicle emissions are a significant 

cause of climate change and smog”

• Having a clear statement about upstream emissions and having a clear place to 

find this information on a regional basis.

• Including all cars in a single rating system rather than segregating by size or 

class. 

• Including both a Greenhouse Gas and Fuel Economy Rating3 and a Smog Rating

from 1 to 10 with 10 being best.

In June 2011, USEPA and NHTSA published 40 CFR Parts 85, 86, and 600 providing 

requirements for the new Fuel Economy and Environment Label. This new Federal 

Label is required on all new cars starting with Model Year 2013 and can be affixed

earlier on a voluntary basis. 

On-Board Diagnostic Systems

Second generation on-board diagnostics (OBD II) systems are comprised mainly of 

software designed into the vehicle’s on-board computer to detect emission control 

system malfunctions as they occur by monitoring virtually every component and system 

that can cause an increase in emissions. When an emission-related malfunction is 

detected, the OBD II system alerts the vehicle owner by illuminating the malfunction 

indicator light (MIL) on the instrument panel. By alerting the owner of malfunctions as 

they occur, repairs can be sought promptly, which results in fewer emissions from the 

vehicle. Additionally, the OBD II system stores important information including 

identification of the faulty component or system and the nature of the fault, which 

typically allow for quick diagnosis and proper repair of the problem by technicians. This 

helps owners achieve less expensive repairs and promotes repairs done correctly the 

first time. 

Manufacturers recently approached ARB staff and requested regulation changes that 

they indicated were needed immediately in order to ensure compliance when they 

certify their 2013 model year vehicles. Manufacturers and ARB staff held discussions 

with interested manufacturers, including a face-to-face meeting on July 27, 2011, to 

discuss their proposal. 

In response to the manufacturers’ requests, staff agreed to minor changes to the OBD II 

regulation, which would have negligible emission impact.

 3 The federal value is tied only to tailpipe GHGs and excludes other vehicular GHGs (e.g. air conditioning 

refrigerant).
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E10 Certification Fuel

The California certification fuel used for testing exhaust and evaporative emissions on 

passenger cars, light-duty trucks, medium-duty vehicles, and heavy-duty gasoline 

engines and vehicles currently contains the oxygenate methyl tertiary butyl ether 

(MTBE) in the quantity of 10.8 to 11.2 volume percent (equivalent to 2.0 percent oxygen

by weight). MTBE was banned for use in California gasoline starting December 31, 

2003. As a result of the ban of MTBE, ethanol became the prevalent oxygenate used in 

California gasoline. After the ban, refiners began adding approximately 5.7 volume 

percent ethanol to gasoline, which is equivalent to 2.0 percent oxygen by weight. 

California gasoline contained 5.7 percent ethanol until the end of 2009. In 2010, 

California refiners transitioned to producing gasoline containing 10 percent by volume 

ethanol (E10). Currently, all gasoline in California contains 10 percent ethanol and will 

continue to contain 10 percent ethanol for the foreseeable future. While the oxygenate 

and oxygenate amount have changed in in-use California gasoline, the certification fuel

on which emission testing is being done has not. 

California’s Current (Pavley) Greenhouse Gas Emission Standards

Citing compelling and extraordinary air quality and other impacts California faces from 

global warming, in 2002 the Legislature passed and the Governor signed Assembly Bill 

(AB) 1493 (Pavley). This bill requires ARB to develop and adopt regulations to achieve 

the maximum feasible and cost-effective reduction of heat-trapping greenhouse gas 

emissions from passenger motor vehicles, beginning with the 2009 model year. The 

Board approved regulations at its September 2004 hearing, and they were adopted in 

their final form in August 2005. 

Subsequent to that hearing, automakers, California, and the federal government 

committed to a series of actions to resolve ongoing disputes over the California 

standards through model year 2016. The result of this agreement was the development 

of a national greenhouse gas program for passenger vehicles that achieves equivalent 

or better emission reductions as the California program, additional compliance 

flexibilities provided in the California program, and agreement by California to accept 

manufacturers’ demonstrated compliance with U.S. EPA-adopted greenhouse gas 

standards as compliance with California’s standards for the 2012 through 2016 model 

years. 
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Development of California’s Proposed Greenhouse Gas Emission Standards

In May of 2010, USEPA and NHTSA issued a Notice of Intent to develop greenhouse 

gas emission standards for passenger vehicles for the 2017 through 2025 model years. 

The Notice requested that USEPA and NHTSA work closely with ARB on a 2010 

technical assessment that would evaluate technologies and costs to achieve varying 

levels of GHG emission reductions through model year 2025. The result was a 

September 2010 Interim Technical Assessment Report, jointly authored by USEPA, 

NHTSA, and ARB. Subsequent to that collaborative technical work, ARB staff has 

closely monitored the work of USEPA and NHTSA, and the agencies’ staffs continued 

to jointly meet with various stakeholders (e.g., individual automakers, automotive 

suppliers, environmentalists, labor unions), examine updated technical materials, and 

develop consistent technology assumptions. 

Current Proposal

Criteria Pollutant Emission Standards

In order to achieve further criteria emission reductions from the passenger vehicle fleet, 

staff is proposing several amendments representing a significant strengthening of the

current LEV program. The major elements of the proposed LEV III program are:

• A reduction of fleet average emissions of new passenger cars (PCs), 

light-duty trucks (LDTs) and medium-duty passenger vehicles (MDPVs) to 

super ultra-low-emission vehicle (SULEV) levels by 2025;

• The replacement of separate NMOG and oxides of nitrogen (NOx) standards 

with combined NMOG plus NOx standards, providing automobile 

manufacturers with more flexibility in meeting these stringent standards;

• Increasing full useful life durability requirements from 120,000 miles to 

150,000 miles, which guarantees vehicles operate longer at these extremely 

low emission levels;

• A backstop to assure continued production of super-ultra-low-emission 

vehicles after PZEVs as a category are moved from the Zero-Emission 

Vehicle program to the LEV III program in 2018;

• More stringent particulate standards for light- and medium-duty vehicles, 

which will reduce health effects including premature deaths associated with 

these emissions;

• Zero fuel evaporative emission standards for PCs and LDTs, and more 

stringent evaporative standards for medium-duty vehicles (MDVs);

• More stringent supplemental federal test procedure (SFTP) standards for PC 

and LDTs, including particulate matter (PM) emission standards, which 

reflect more aggressive real world driving and, for the first time, require 

MDVs to meet SFTP standards; 
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• Minor changes to the OBD II regulation, California Code of Regulations (Cal. 

Code Regs.), title 13, section 1968.2, and its associated enforcement 

regulation, section 1968.5, which provide slight additional lead time to meet a 

new monitoring requirement or minimal adjustment of a monitoring threshold 

for detecting an emission issue; and

• Certification fuel that contains 10 percent ethanol and is representative of 

current in-use fuel. 

Greenhouse Gas Emission Standards

Based on the Interim Technical Assessment Report, ARB developed its second 

generation greenhouse gas regulations that will apply for the 2017 and subsequent 

model years. These regulations incorporate many of the elements of the proposed

national rule, including separate emission standards for carbon dioxide (CO2), methane

(CH4), and nitrous oxide (N2O), providing credits toward the CO2 standard if a 

manufacturer reduces refrigerant emissions from the vehicle’s air conditioning system, 

and using a footprint-based approach for reducing emissions. Under this footprintbased approach, target CO2 values are assigned for different vehicles based on the 

model type and the footprint (i.e. the area described by wheelbase times the average 

track width of the vehicle) of the vehicle. The overall emission reductions required of

each manufacturer would be unique to that manufacturer based on the mix of vehicles it 

sells. The proposed California regulations also provide credits for using verifiable GHG 

emission-reduction technologies that are not fully accounted for with the established 

regulatory test cycle procedures. And the proposed regulations would allow 

manufacturers to demonstrate compliance with California’s proposed standards by 

demonstrating to ARB National Program compliance.

While ARB has worked closely to coordinate development of the California and national 

greenhouse programs, there are a number of provisions that are unique to California. 

First, California’s proposed regulations would continue to require that the CO2-

equivalent emissions from electric vehicles, off-vehicle charge capable hybrid electric 

vehicles (also known as “plug-in” hybrid electric vehicles), fuel cell vehicles, and ethanol 

vehicles be calculated by taking into account the upstream emissions from these 

vehicles. Also, the California proposal maintains the current option for a manufacturer 

to “pool” its sales of vehicles to California, the District of Columbia, and those states that 

have adopted California’s motor vehicle regulations pursuant to section 177 of the 

Clean Air Act. However, a manufacturer that elects to demonstrate compliance with 

California’s proposed regulations by pooling its sales must continue to maintain and 

report separate sales and emissions values for each pooled entity.

COMPARABLE FEDERAL REGULATIONS

Criteria Pollutant Emission Standards

There are currently no comparable federal criteria pollutant emission standards for 2015 

and subsequent model passenger vehicles as stringent as this proposed California rule. 
9

However, USEPA has indicated that it expects to issue a Notice of Proposed 

Rulemaking (NPRM) for their “Tier 3” next generation of criteria pollutant emission 

standards in January 2012, which will apply to 2017 and subsequent model year 

vehicles. Staff expects the Tier 3 program to be comparable to the California proposed 

rule in the applicable timeframe. This national rule is expected to be finalized in late2012. 

Greenhouse Gas Emission Standards

There are currently no comparable federal greenhouse gas emission standards that are 

as stringent as the proposed standards for 2017 and subsequent model passenger 

vehicles. (The current federal greenhouse gas emission standards for the 2016 and 

subsequent model years are comparable to those applicable in California in the 2016 

model year). However, on November 16, 2011, an NPRM was issued by USEPA and 

NHTSA for a joint rulemaking that proposes a coordinated federal greenhouse gas

emission reduction and fuel economy program for light-duty vehicles, beginning in the 

2017 model year. This national rule is expected to be finalized by the end of July 2012. 

There are no significant differences between the proposed California greenhouse gas 

regulations and those presented in the NPRM. Furthermore, staff does not expect there 

to be any significant differences between the proposed California greenhouse gas 

regulations and those in USEPA’s Final Rule.

AVAILABILITY OF DOCUMENTS AND AGENCY CONTACT PERSONS

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: “Staff Report:

Initial Statement of Reasons for Proposed Rulemaking, Public Hearing to Consider the

“LEV III” Amendments to the California Greenhouse Gas and Criteria Pollutant Exhaust

and Evaporative Emission Standards and Test Procedures and to the On-Board

Diagnostic System Requirements for Passenger Cars, Light-Duty Trucks, and MediumDuty Vehicles, and to the Evaporative Emission Requirements for Heavy-Duty Vehicles.

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 

December 7, 2011. 

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.

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

designated agency contact persons, Mr. Paul Hughes, Manager, Low-Emission Vehicle 
10

Implementation Section, at (626) 575-6977, or Ms. Sarah Carter, Staff Air Pollution 

Specialist, at (626) 575-6845.

Further, the agency representative and designated back-up contact persons, to whom

non substantive inquiries concerning the proposed administrative action may be 

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

Coordination Unit, (916) 322-4011, or Ms. Trini Balcazar, Regulations Coordinator, 

(916) 445-9564. 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.

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/leviiighg2012/leviiighg2012.htm

COSTS TO PUBLIC AGENCIES AND TO BUSINESSES AND PERSONS AFFECTED

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.

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, except that there is 

expected to be an unquantifiable reduction in future gasoline tax revenue due to this 

proposal.

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

impacts on representative private persons or businesses. The proposal is expected to 

increase the annual cost of compliance for vehicle manufacturers that are subject to 

the requirements of California’s Low-Emission Vehicle regulations by approximately 

$40 million per manufacturer, which is assumed to be passed on in full to consumers. 

The proposal is therefore expected to result in a $1900 average increase in the 

purchase price of a new passenger vehicle when the standards include the cost 

associated with the ZEV program are fully phased in; however, purchasers of these new 

vehicles are expected to realize an average net savings of $4,000 per vehicle due to 

decreased operating costs. 

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.

In accordance with Government Code section 11346.3, the Executive Officer has 

determined that the proposed regulatory action would create approximately 67,000 new 
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jobs and eliminate approximately 30,000 current jobs within the State of California. The 

proposed regulatory action would not affect the creation or elimination of directly 

affected businesses within the State of California. However, both directly affected 

businesses along with businesses in other sectors within the State of California could 

expand or contract as a result of the proposed regulations. A detailed assessment of 

the economic impacts of the proposed regulatory action can be found in the ISOR.

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

title 1, section 4, that the proposed regulatory action would not directly affect small 

businesses, because the proposed LEV III regulations do not apply to small businesses.

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. 

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, 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.

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 Appendix B of the ISOR.

SUBMITTAL OF COMMENTS

Interested members of the public may 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 

December 12, 2011. To be considered by the Board, written comments, not physically 

submitted at the meeting, must be submitted on or after December 12, 2011 and 

received no later than 12:00 noon on January 25, 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 
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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 the authority granted in Health and Safety 

Code, sections 38510, 38560, 38562, 39500, 39515, 39600, 39601, 39667, 43006, 

43013, 43018, 43018.5, 43101, 43104, 43105, 43200, 43210, 43210.5, and 44036.2, 

and Vehicle Code section 27156. This action is proposed to implement, interpret, and 

make specific sections 38501, 38510, 38560, 39002, 39003, 39667, 40000, 43000, 

43004, 43006, 43008.6, 43009.5, 43100, 43101, 43101.5, 43102, 43104, 43106, 43205, 

43205.5, 43210, 43211, 43212, and 43213, Health and Safety Code.

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 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. 
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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 

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

_________________________________

James N. Goldstene

Executive Officer

Date: November 29, 2011

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