REQUEST FOR AN EARLY EFFECTIVE DATE PursuantTo Government Code Section 11343.4(c)
The Air Resources Board (ARB or Board) requests, pursuant to Government Code section 11343.4(c), thatthe Office ofAdministrative Law (OAL) prescribe an "earlier effective date" forthe Proposed Revisions to Malfunction and Diagnostic System Requirements for Heavy-Duty Engines (HD OBD) and Passenger Cars, Light-Duty Trucks, and Medium-DutyVehicles and Engines (OBD II) thatwas adopted on June 26, 2013. ARB believes the following demonstrates "good cause" for OALto prescribe an earlier effective date- i.e., an effective date to coincide with the filing ofthe regulations with the Secretary ofState. 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 ofexisting monitoring criteria. The current

requirements applyto 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 implementthe amendments for 2013 model-year heavy-duty and medium-duty engines and vehicles, forwhich production has started or is imminentfor

. many models. [Manufacturers generally produce and sell model-yearengines and

vehicles much earlier in the previous calendaryear (e.g., manufacturers generally sell model-year 2013 engines beginning in July2012)]. This in turn will benefit Californians who will be assured of atimely and available supply of new engines and vehicles that are equipped with HD OBD and OBD II systemsthatwill 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 ofexisting 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 ofexisting requirementto 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 matterfilters for 2013-2015 model year HD OBD and OBD II systems by allowing use of higher interim failure thresholds and/or exclusion ofspecificfailure 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 ofhigher.,··· interimfailure 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 criteriafor 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 delayingthe monitoring requirements applicable to 2013 model yeardiesel catalyzed particulate matterfilters, 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)). ' Forthe reasons setforth above, ARB believes there is good cause for OALto prescribe an earlier effective date and hereby requests that OAL approve an earliereffectiVE;!

. · •·· date, coinciding with OAL's submittal of its approval ofthis rulemaking action tothe!• Secretary of State pursuantto Government Code section 11343.4(c).. '··

. .. ... Date: June 27, 2013

. StaffCounsel



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