PUBLIC HEARING TO CONSIDER AMENDMENTS TO THE CALIFO RNIA

REGULATIONS FOR NEW 1997 AND LATER OFF-HIGHWAY

RECREATIONAL VEHICLES AND ENGINES

Staff’s Suggested Modifications to the Original Pro posal

PRESENTED AT THE JULY 20, 2006 HEARING

OF THE AIR RESOURCES BOARD

Based on comments received since issuance of the St aff Report: Initial Statement of Reasons, staff recommends the followin g modifications to the original proposal:

• Consolidate the definitions of Class I and Class I I all-terrain vehicles (ATVs) into a single ATV definition.

• Replace the definition of Class III ATV with a def inition for “off-road utility

vehicles.”

• Add a definition of “off-road sport vehicle,” whic h would be a vehicle similar to a utility vehicle, but with less cargo c arrying capacity and without the power cap of 30 kilowatts. Both of these categ ories would be subject to standards of equivalent stringency to the standa rds that currently apply to the vehicles in the two categories.

• Add a definition of “sand car.”

• Sand cars with engines less than or equal to one l iter will have exhaust standards equivalent to those for off-road “sport” and “utility” vehicles, and will have the option to certify with either the “ch assis test” or the “engine-only test.”

• Sand cars with engines greater than one liter will be subject to the same standards and test procedures currently required by U.S. EPA.

• Amend the proposed riding season for Heber Dunes a nd add the Sirretta

OHV Trail.

• Add language to the test procedures to clarify the evaporative requirements.

Staff will continue to meet with industry after the Board Hearing to discuss these amendments and other related matters. The proposed language that follows could be refined if appropriate during these subseq uent discussions.

Set forth below are the proposed modified definitio ns compared to those in original proposal, and suggested substitute exhaust emission standards tables. Comparable modifications would be included in the “ California Exhaust

Emissions Standards and Test Procedures for 1997 an d Later Off-Highway Recreational Vehicles and Engines.” Modified text reflecting the last two bulleted

items is also shown.2

Proposed Modified Definitions for Section 2411, Tit le 13, California Code of Regulations

(Language to be added by the original proposal is s hown in underline to indicate

additions and strikeout to indicate deletions. Text added by the modifica tions is

shown in double underline to indicate additions and double strikeout to indicate deletions compared to the original proposal.)

§ 2411. Definitions.

(a) The definitions in Section 1900(b), Chapter 1, Division 3, Title 13 of the California Code of Regulations, apply with the foll owing additions:

(1)(A) “All-Terrain Vehicle (ATV) Class I ” means any motorized off-highway motor

vehicle 50 inches (1270 mm) or less in overall width, 50 inches (1270 mm) or less in overall width, that has all of the following features and

characteristics: designed to travel on four or more low pressure tires, having a single seat designed to be straddled by the operator and , or a single seat designed to be straddled by the operator and a seat for no more than one passenger, having handlebars for steering control, and intended for use by a single operator and no passengers . The vehicle is designed to carry not m ore than 350 pounds (160 kg) payload, excluding the ope rator , and is powered by an internal combustion engine. Width shall be exclusi ve of accessories and optional equipment. Width shall be exclusive of accessories and optio nal equipment. A golf cart, off-road sport vehicle, or off-road util ity vehicle is not, for purposes of this regulation, to be classified as an all-terrain vehicle.

(B) “All

- Terrain Vehicle (ATV) Class II” means any off

- highway motor vehicle possessing the same features and character istics as Class I ATVs, but having straddle seating for one operator and one pa ssenger.

(C) (18) “All

- Terrain Vehicle (ATV) Class III Off-Road Utility Vehicle ” means any off-highway motor vehicle that has all of the f ollowing features and characteristics: designed to travel on four or more wheels, having bench or bucket seating for two or more persons, having a steering wheel for steering control, designed for operation over rough terrain, having either a rear payload 350 pounds or more or seating for six or more passe ngers, having an internal

combustion engine with a displacement less than or equal to one liter, havi ng a maximum brake power less than or equal to 30 kilowa tts, and is capable of speeds over 25 miles per hour.

* * * * *3 (13) “Off-Highway Recreational Vehicle Engines” or “Engines” are identified as: two-stroke or four-stroke, air-coole d, liquid-cooled, gasoline, diesel,

or alternate- fuel powered engines or electric motors that are de signed for powering off-road recreational vehicles and engines included in, but not limited to use in, the following: off-road motorcycles, all-terrain v ehicles, off-road sport vehicles, off-road utility vehicles, and golf carts. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regula tion of the Environmental Protection Agency, are specifically not included wi thin this category.

* * * * *

(17) “Off-Road Sport Vehicle” means any off-highway motor vehicle that has all of the following features and characteristi cs: designed to travel on four wheels, having bench or bucket seating for one or m ore persons, having a steering wheel for steering control, designed for o peration over rough terrain, having a rear payload of less than 350 pounds, havi ng an internal combustion engine with a displacement less than or equal to on e liter, and is capable of speeds over 25 miles per hour. Vehicles otherwise meeting the definition for Sand Cars but powered by an engine with a displacem ent less than or equal to one liter are considered off-road sport vehicles.

(19) “Sand Car” means any off-highway motor vehicle that has all of the following features and characteristics: designed to travel on four wheels, having bench or bucket seating for one or more persons, ha ving a steering wheel for steering control, designed primarily for operation over sand dunes, and is powered by an internal combustion engine with a dis placement greater than one liter. Vehicles otherwise meeting the above criter ia but with engines equal to or less than one liter are considered off-road sport v ehicles.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, and 43107, Health and Safety Code. Reference: Sections 43013, 43018, 43101, and 43107, Health and Safety Code.4

Modified Exhaust Emission Standards in Section 2412 , title 13, California Code of Regulations

DELETE the proposed single exhaust emissions standa rds table in section 2412(b)(1):

Emission Standards

Vehicle & Model Year Hydrocarbon (HC) Oxides

of Nitrogen (NO
x ) Carbon

Monoxide (CO) Particulate

Matter

(1)

Off-Road Motorcycles and All-Terrain Vehicles (Class I and Class II) with Engines Greater Than 90 cc (3)
1997 and Later (g/km) (4) 1.2 (2)

— 15.0 —

Off-Road motorcycles and All Terrain Vehicles (Class I and Class II) with Engines 90 cc or Less 1999 and Later (g/km) 1.2 (2)

— 15.0 —

All-Terrain Vehicle (Class I and Class II) Option

1997 and Later Shall comply with exhaust emission standards equivalent to the off-road motorcycle and all-terrain vehicle standard using the utility test procedures set forth in CCR, Title 13, section 2403, and the incorporated document “California Exhaust

Emission Standards and Test Procedures for

1995 and Later -2004 Small Off-Road Engines” which is hereby incorporated by

reference herein. (5)

All-Terrain Vehicles (Class III) 2007 and Later (g/kW-hr) (6) HC+NO
x 12.0 400

—

Golf Carts in Federal Ozone

Non-Attainment Areas

1997 and Later ZERO ZERO ZERO ZERO5

Off-Road Motorcycle and All-Terrain Vehicle (Class I and Class II) Option:

1997 and Later Vehicles with Engines Greater Than 90 cc, and

1999 and Later Vehicles with Engines 90 cc or Less Vehicles and engines that do not meet the emissions standards noted above may be certified subject to the use restrictions described in subsection (f) below.

1. Applicable to diesel and two-stroke spark ignit ed engines only. 2. Compliance with the 1.2 grams per kilometer HC standard to be applied as a “corporate average” shall be determine d as provided in subsection (d). Each engine family shall have only one applicable

standard.

3. Cubic centimeter. 4. Grams per kilometer. 5. Compliance with the equivalent all-terrain vehi cle HC standard to be applied as a “corporate average” shall be determ ined as provided in subsection (d). Each engine family sha ll have only one applicable standard.

6. Grams per kilowatt-hour, as tested using the util ity test procedures set forth in CCR, Title 13, section 2403, and the i ncorporated

document “California Exhaust Emission Standards and Test Procedures for 1995-2004 Small Off-Road Engines”.

REPLACE WITH the following two exhaust emissions st andards tables:6 Exhaust Emission Standards Based on Chassis-Based Testing
Vehicle & Model Year Hydrocarbon (HC) Oxides of Nitrogen (NO
x ) Carbon

Monoxide (CO) Particulate

Matter

(1)

Off-Road Motorcycles and All-Terrain Vehicles with Engines Greater Than

90 cc (3)
1997 and Later (g/km) (4) 1.2 (2)

— 15.0 —

Off-Road motorcycles and All Terrain Vehicles with Engines 90 cc or Less 1999 and Later (g/km) 1.2 (2)

— 15.0 —

Off-Road Motorcycle and All-Terrain Vehicle Option:

1997 and Later Vehicles with Engines Greater Than 90 cc, and

1999 and Later Vehicles with Engines 90 cc or Less Vehicles and engines that do not meet the emissions standards noted above may be certified subject to the use restrictions described in subsection (f) below.

Off-Road Sport Vehicles Off-Road Utility Vehicles

Sand Cars Less than or equal to 1 Liter 2007 and Later (g/km) 1.2 (2)

— 15.0 —

Sand Cars

Greater than 1 liter 2007 and Later (g/km) 1.2 (2)

— 15.0 —

Golf Carts in Federal Ozone

Non-Attainment Areas

1997 and Later ZERO ZERO ZERO ZERO

1. Applicable to diesel and two-stroke spark ignite d engines only. 2. Compliance with the 1.2 grams per kilometer HC s tandard to be applied as a “corporate average” shall be determined as pro vided in subsection (d). Each engine family shall have only one applic able standard.

3. Cubic centimeter. 4. Grams per kilometer. 5. Compliance with the equivalent all-terrain vehic le HC+NO
x standard to be applied as a “corporate average” shall be determine d as provided in subsection (d). Each engine family shall have only one applicable

standard.7 Emission Standards Based on Optional Engine-Based Testing 1

Vehicle & Model Year Hydrocarbon plus Oxides of Nitrogen (HC+NO

x ) Carbon

Monoxide (CO) Particulate

Matter

(2)

All-Terrain Vehicles

Less than 225 cc (3)
1997 and Later (g/kW-hr) (4) 16.1 (5) 400 —

All Terrain Vehicles Greater than or equal to 225 cc 1997 and Later (g/kW-hr) 13.4 (5) 400 —

Off-Road Sport Vehicles Off-Road Utility Vehicles

Sand Cars Less than or equal to 1 liter 2007 and Later (g/kW-hr) 12.0 (5) 400 —

Sand Cars

Greater than 1 liter 2007 and Later (g/kW-hr) 13.4 (5) 400 —

1. All-Terrain Vehicles, Off-Road Sport and Utility Vehicles, and Sand Cars may use the utility test procedures set forth in th e “California Exhaust

Emission Standards and Test Procedures for 2004 Sma ll Off-Road Engines,” as incorporated by reference in CCR, titl e 13, section 2403(d). 2. Applicable to diesel and two-stroke spark ignite d engines only.

3. Cubic centimeters. 4. Grams per kilowatt-hour. 5. Compliance with the equivalent all-terrain vehic le HC standard to be applied as a “corporate average” shall be determine d as provided in subsection (d). Each engine family shall have only one applicable

standard.8

§ 2415. California Off-Highway Vehicle Areas and R iding Seasons for Off-Highway Recreational Vehicles with Use Restrict ions.

Public Land Management

Ranger District:

United States Forest Service

Field Office: Bureau of Land Managemen t Riding Areas Riding Seasons

State Vehicular Recreation Area (SVRA):

California State Parks OHV Area Name Beginning End

SVRA Heber Dunes Year round

Sequoia National Forest Sirretta OHV Trail To be determined

CALIFORNIA EXHAUST EMISSIONS STANDARDS AND TEST

PROCEDURES FOR 1997 AND LATER OFF-HIGHWAY RECREATIO NAL

VEHICLES AND ENGINES

* * * * *

1051.110 What evaporative emission standards must my vehicles meet?

* * * * *

(a) Beginning with the 2008 model year, permeation emissions from your vehicle's fuel tank(s) may not exceed 1.5 grams per square-meter per day when measured with the test procedures for tank permeati on in subpart F of this part of these test procedures. You may generate or use emi ssion credits under the averaging, banking, and trading (ABT) program, as d escribed in Subpart H, Part 1051, Title 40, Code of Federal Regulations , provided the credits and debits are from vehicles produced for sale in California

.

* * * * *

1051.145 What provisions apply only for a limited time?

DELETE subparagraphs (a) through (f) and retain subparagr aphs (g) and (h)

.