REQUEST FORAN EARLY EFFECTIVE DATE PursuantTo Government Code Section 11343.4(c)

The Air Resources Board (ARB or Board) formally requests, under Government Code section 11343.4(c), that the Office ofAdministrative Law (OAL) prescribe an early effective date forthe adopted amendments to the California Low-Emission Vehicle Program Regulations (LEV Regulations), title 13, California Code of Regulations, including amendments to 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 adoption of·

new Sections 1961.2 and 1961.3, thatwere considered by the Board on January 26-27, 2012 and subsequently adopted. Specifically, ARB requests that the regulations be · · effective on the date ofOALapproval. ARB believes that "good cause" exists for OALto grantARB's request- i.e., that the amendments become effective with OAL's approval and filing ofthe regulations with the Secretary ofState.

DEMONSTRATION OF GOOD CAUSE

In this rulemaking, the Board considered and subsequently adopted amendments to California's LEV Regulations which will require a reduction in fleet average emissions of

new passenger cars, light-duty trucks, andmedium-duty passengervehicles to "super ultralow-emission vehicle" levels from 2015 through 2025. Underthe adopted amendments automobile manufacturers are required to take the initial steps towards achieving the emissions reduction goals with 2015 model yearvehicles which will be offered for sale to the public in calendaryear2014. Considering the production cadence typically followed by vehicle manufacturers, this means vehicle development and demonstration ofemission compliance at full useful life, 150,000 miles, must begin in the very nearfuture if2015 model yearvehicles are to be production ready by the 2014 calendaryear.

Also, modifications to the LEV Regulations require manufacturers of hydrogen vehicles to report projected California sales ofthose vehicles beginning with the 2012 calendar.year. This data will be used in the Clean Fuels Outlet Regulation, which requires major refiner/importers ofgasoline to install clean fuel outlets for a particularfuel once the number ofvehicles that operate on thatfuel are projected to reach a certain threshold. Forthe 2012 calendaryear only, the manufacturer ofvehicles that use hydrogen fuel will be required to submit this data twenty-nine months priorto January 1 ofthe model yearforwhich the vehicles will be certified. Since the 2012 calendaryear has already begun, an early effective date is needed to ensure that the Advanced Clean Cars package becomes effective in sufficient time to enable automobile manufacturers to implementthis reporting requirement.

In addition, ARB mustsubmit the adopted regulations to U.S. EPA requesting awaiver of federal preemption undersection 209(b) ofthe Clean AirAct. Because EPAtypically does not begin waiver proceedings until California's regulations are effective, and because some ofthe adopted regulations apply to vehicles produced starting in the 2013 calendaryear and EPA's waiver process typically takes a minimum ofsix months, it is imperative forthese regulations to become effective upon filing.Accordingly, to allow automobile manufacturers adequate lead time to comply with the amendments, and to best ensure timely EPA action, ARB believes there is good cause for OAL to grantARB's requestfor an early effective date that coincides with its approval ofthe amendments and filing ofthe amendments to the Secretary ofState pursuant to Government Code section 11343.4(c).