REQUEST FOR AN EARLY EFFECTIVE DATE 

Pursuant To Government Code Section 11343.4(c) 

The Air Resources Board (ARB or Board) requests, pursuant to Government Code 

section 11343.4(c), that the Office of Administrative Law (OAL) prescribe an "earlier 

effective date" for the Proposed 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) that was adopted on June 26, 

2013. ARB believes the following demonstrates "good cause" for OAL to prescribe an 

earlier effective date- i.e., an effective date to coincide with the filing of the regulations 

with the Secretary of State. 

DEMONSTRATION OF GOOD CAUSE 

In this rulemaking, the Board adopted amendments that include provisions providing 

manufacturers extensions from existing requirements to monitor certain engine 

. components and that relax the stringency of existing monitoring criteria. The current 

requirements apply to model year 2013 HD OBD systems and OBD II systems, and the 

early effective date is needed to accommodate engine and vehicle manufacturer 

timelines needed to implement the amendments for 2013 model-year heavy-duty and 

medium-duty engines and vehicles, for which production has started or is imminent for 

. many models. [Manufacturers generally produce and sell model-year engines and 

vehicles much earlier in the previous calendar year (e.g., manufacturers generally sell 

model-year 2013 engines beginning in July 2012)]. This in turn will benefit Californians 

who will be assured of a timely and available supply of new engines and vehicles that 

are equipped with HD OBD and OBD II systems that will quickly and accurately identify 

malfunctions resulting in emissions increases. Such provisions include: 

Amendments providing 2013 model year heavy-duty hybrid vehicles the option 

to meet less stringent requirements in lieu of existing HD OBD requirements, to 

accommodate manufacturers' concerns regarding complying with the existing 

requirements. (Title 13, California Code of Regulations section 1971.1 (d)(7.6)). 

Amendments relaxing the malfunction criteria for misfire detection in diesel 

engines (by requiring misfire detection when misfire exceeds five percent instead 

of existing requirement to detect misfire when emissions exceed a specified 

threshold level) and that allow detection of misfire under more restricted 

conditions than currently specified. ((Title 13, California Code of Regulations 

section 1971.1(e)(2.1.1), 1971.1(e)(2.2), 1971.1(e)(2.3.3.), 1968.2(f)(3.1.1), 

1968.2(f)(3.2), and 1968.2(f)(3.3.3)). 

Amendments relaxing the malfunction criteria for diesel particulate matter filters 

for 2013-2015 model year HD OBD and OBD II systems by allowing use of 

higher interim failure thresholds and/or exclusion of specific failure modes. 
(Title 13, California Code ofRegulations sections 1971.1(e)(8.2.1) and 

1968.2(f)(9.2:1 )) .. 

Amendments relaxing the malfunction criteria for diesel NOx catalyst systems for 

2013-2015 model year HD OBD and OBD II systems by allowing use of higher.,··· 

interim failure thresholds: 

(Title 13, California Code of Regulations sections 1971.1 (e)(6.2.1), 

1971.1 (e)(6.2.2)(A), and 1968.2(f)(2.2.2)(A)(ii)). 

Amendments relaxing the malfunction criteria for diesel NOx sensors for 2013c 

2015 model year HD OBD and OBD llsystems by allowing use of higher interim· 

failure thresholds. 

(Title 13, California Code of Regulations sections 1971.1 (e)(9.2.2)(A) and 

1968.2(f)(5.2.2)(A)(ii)). - ,, ___ ,.,_ 

Amendments delaying the monitoring requirements applicable to 2013 model 

year diesel catalyzed particulate matter filters, diesel non methane hydrocarbon . 

catalysts and fuel control system components until 2015 model year HD OBD 

· systems. (Title 13, California Code of Regulations sections 1971.1 (e)(8.2.4)(A), . 

1971.1 (e)(5.2.3)(B), and 1971.1 (g)(3.2.2)(F)). ' 

For the reasons set forth above, ARB believes there is good cause for OAL to prescribe 

an earlier effective date and hereby requests that OAL approve an earlier effectiVE;! . · • ·· 

date, coinciding with OAL's submittal of its approval of this rulemaking action to the!• 

Secretary of State pursuant to Government Code section 11343.4(c).. '·· . .. . .. 

Date: June 27, 2013 . 

Staff Counsel 

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