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OAR Box 1190 

Prepped by Candice Davis 

Document Number: 

45) ll-A-37 

Docket Number: 

A-90-28 

Printed 5/5/2008 9:13:51 AM Sheet 45 of 106 
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State of California 

AIR RESOURCES BOARD 

Resolution 94-67 

December 8, 1994 

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^r^OjTrn' 

Agenda Item No 

WHEREAS, sections 39002 and 39003 of the Health and Safety Code charge the 

Board with the responsibility for systematically attacking the serious air 

pollution problem caused by motor vehicles; 

WHEREAS, sections 39600 and 39601 of the Health and Safety code authorize 

the Board to adopt standards, rules and regulations and to do such acts as 

may be necessary for the proper execution of the powers and duties granted 

to and imposed upon the Board by law; 

WHEREAS, in section 43000 of the Health and Safety Code, the Legislature has 

declared that the emission of air pollutants from motor vehicles is the 

primary cause of air pollution in many parts of the state; 

WHEREAS, in section 43000.5 of the Health and Safety Code, the Legislature 

found and declared that, despite significant reductions in vehicle emissions 

in recent years, continued growth in population and vehicle miles traveled 

throughout California have the potential not only to prevent attainment of 

the state standards, but in some cases, to result in worsening of air 

quality; 

WHEREAS, section 43004 provides that unless expressly exempted, the exhaust 

emissions for gasoline-powered motor vehicles shall apply to motor vehicles 

which have been modified or altered to use a fuel other than gasoline or 

diesel; 

WHEREAS, section 43006 provides that the ARB may certify the fuel system of 

any motor vehicle powered by a fuel other than gasoline or diesel which 

meets the standards specified by section 43004 and adopt test procedures for 

such certification; 

WHEREAS, section 43013 of the Health and Safety Code authorizes the Board to 

adopt motor vehicle emission standards and in-use performance standards 

which it finds to be necessary,, cost-effective, and technologically 

feasible; 

WHEREAS, section 43018 of the Health and Safety Code directs the Board to 

achieve the maximum degree of emissions reductions possible from vehicular 

and other mobile sources in order to accomplish the attainment of state 

standards at the earliest possible date; 

WHEREAS, sections 39515 and 39516 of the Health and Safety Code provide that 

the Board may delegate any duty to the Executive Officer which the Board . 

deems appropriate and that any power, duty, purpose, function, or -
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Resolution 94-67 

jurisdiction which the Board may lawfully delegate shall be conclusively 

presumed to have been delegated to the Executive Officer unless the Board 

has expressly reserved such authority onto itself; 

WHEREAS, in July 1990, the Board adopted and the Office of Administrative 

Law subsequently approved regulations regarding "Malfunction and Diagnostic 

System Requirements--1994 and Subsequent Model-Year Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles and Engines," (OBD II), which are 

codified at Title 13, CCR, section 1968.1, and which set forth requirements 

for monitoring catalyst efficiency, engine misfire, evaporative system 

integrity, secondary air injection, and chlorofluorocarbon (CFC) 

containment; for improving current monitoring of the fuel system, oxygen 

sensor, EGR system, and other emission-related components of the on-board 

diagnostic system; and for standardizing fault codes, diagnostic repair 

equipment, the vehicle connector used for attaching the repair equipment to 

the vehicle, and the protocol for downloading repair information in order to 

improve the effectiveness of emission control system repairs; 

Whereas, the Board adopted amendments to the OBD II regulations in 1991 and 

1993, and the amendments were approved by the Office of Administrative Law; 

WHEREAS, the staff has now proposed adoption of additional amendments to 

Title 13, CCR, section 1968.1, that, among other things, would provide 

manufacturers with additional guidance and/or flexibility in implementing 

and complying with the malfunction and diagnostic requirements of the 

regulations, including catalyst monitoring, misfire detection, tamper 

resistance, and applicability of the regulations to vehicles and engines 

that use diesel and alternate fuels, and would require manufacturers to 

develop monitoring strategies capable of detecting evaporative system leaks 

as small as the equivalent of a 0.020 inch diameter orifice. 

WHEREAS, the staff has further proposed that Title 13, CCR, section 1968.1 

be amended to provide the Executive Officer with authority to certify 1996-

2000 model year vehicles required to comply with the malfunction and 

diagnostic requirements of the section, but do not fully meet the minimum 

requirements in one or more areas, provided that the manufacturers of such 

vehicles in some cases pay a fine for such nonconformance pursuant to 

section 43016 of the California Health and Safety Code; 

WHEREAS, the staff has further proposed amendments to Title 13, CCR, 

sections 2030 and 2031 and the incorporated "California Certification and 

Installation Procedures for Alternative Fuel Retrofit systems for Motor 

Vehicles Certified for 1994 and Subsequent Model Years" to allow alternative 

fuel retrofit system manufacturers to disable specific on-board diagnostic 

monitoring strategies through the 1998 model year; 

WHEREAS, the California Environmental Quality Act and Board regulations 

require that no project which may have significant adverse environmental 

impacts may be adopted as originally proposed if feasible alternatives or 

mitigation measures are available to reduce or eliminate such impacts; 

WHEREAS, pursuant to section 43013(e) of the Health and Safety Code, the 

Board has considered the effects of the proposed amendments to the 

regulations on the economy of the state; 
Resolution 94-67 

WHEREAS, a public hearing and other administrative proceedings have been 

held in accordance with the provisions of "Chapter 3.5 (commencing with 

Section 11340), Part 1, Division 3, Title 2 of the Government Code; 

WHEREAS, the Board finds that: 

To date, more than 35 engine families have been 

certified as meeting the OBD II requirements for the 

applicable model years; 

The proposed amendments to Title 13, CCR, section 1968.1 

should help manufacturers continue to be able to certify 

systems in future model years by clarifying requirements 

and by making minor adjustments to the regulation based 

on technical and practical experience gained to date, 

which should ease the burdens manufacturers face in 

developing OBD II systems that comply with these 

regulations; 

Significant numbers of vehicles continue to operate with 

deteriorated catalytic converters and that catalyst 

performance is crucial to maintaining vehicle emissions 

in compliance with the applicable standards; 

accordingly, it continues to be necessary to monitor 

catalyst performance; however, such monitoring can be 

done by evaluating malfunction criteria based on 

tailpipe emission levels; 

In-use surveillance programs indicate that evaporative 

system leaks as small as 0.020 inches in diameter occur 

on a significant number of in-use vehicles causing 

excess evaporative emissions, and, therefore, 

evaporative monitoring systems that can detect leaks of 

this size, as well as other malfunctions, should 

significantly reduce in-use evaporative emissions from 

vehicles; 

The monitoring of misfire over the full engine operating 

range is necessary because misfire contributes 

substantially to excess emissions and can cause catalyst 

overheating and failure; 

On diesel fueled vehicles, the loss of compression or 

other malfunctions that prevent combustion in one or 

more cylinders and fuel system malfunctions cause excess 

emissions; monitoring systems that detect such 

malfunctions should significantly reduce such emissions 

from diesel fueled Vehicles; 

Manufacturers of alternative fuel vehicles and 

alternative fuel retrofit systems require additional 

leadtime to investigate the effects of alternate fuels 

on component performance and durability before full 

implementation of reliable OBD II systems on these 

vehicles can take place; 
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Resolution 94-67 

The proposed amendments should maximize the long-term 

effectiveness of the OBD II regulations by restructuring 

and enhancing current monitoring requirements based on 

the latest improvements in monitoring technologies; 

The proposed amendments would enable manufacturers that 

have been unable to develop a fully complying OBD II 

system, despite good faith efforts, to certify such 

systems conditionally, through the 2000 model year, upon 

payment of a penalty in some cases; 

The proposed amendments to Title 13, CCR, section 1968.1 

are necessary, cost-effective, and technologically 

feasible to carry out the purposes of the California 

Clean Air Act; and 

The proposed amendments to Title 13, CCR, section 

1968.1, do not affect the Board's earlier findings that 

the full implementation of the regulation will result in 

emission reductions that will help attain and maintain 

national and air quality standards for ozone, carbon 

monoxide and nitrogen dioxide; 

WHEREAS, the Board has determined, in accordance with the California 

Environmental Quality Act and Board regulations, that the proposed 

amendments to Title 13, CCR, section 1968.1, that provide that manufacturers 

may elect to phase-in the monitoring of misfire detection over the full 

range of operating conditions over a four year period and that 

manufacturers may be permitted to certify non-fully compliant OBD II 

systems, may have some short-term adverse environmental impacts in relation 

to the regulations presently in effect; however, overriding considerations 

exist for adoption of the proposed amendments: 

Title 13, CCR, section 1968.1(b)(3.3) presently provides 

that for 1997 and later model year vehicles, misfire 

shall be monitored continuously and under all positive 

torque engine speeds and conditions; however, staff has 

determined, and the Board finds, that some engine and 

driveline characteristics, especially as they apply to 

engines with 10 or 12 cylinders, still preclude reliable 

misfire monitoring over the full range of operating 

conditions; 

No equally effective alternative methods for misfire 

monitoring have been identified that would be costeffective and technologically feasible for 

implementation by the 1997 model year. 

Strict enforcement of the existing regulations could 

result in several engines not being able to be certified 

and available for sale in California; accordingly, 

amendments have been proposed to permit manufacturers to 
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Resolution 94-67 

phase-in the full-range misfire requirement over four 

years, beginning with the 1997 model year; 

The proposed amendments to Title 13, CCR, section 

1968.l(m) would enable manufacturers that have been 

unable to develop fully complying OBD II systems, 

despite good faith efforts, to certify such systems 

conditionally, through the 2000 model year; 

Theoretically, allowing vehicles to be certified during 

the phase-in period even though they cannot be monitored 

over the full range of operating conditions could 

prevent the proper and immediate repair of emission 

control systems of such vehicles and could result in a 

possible increase in emissions; 

However, such vehicles, even with the potential 

monitoring system deficiencies that have been 

identified, will be significantly more effective in 

reducing in-use vehicle emissions than malfunction and 

diagnostic systems that comply with pre-OBD II system 

requirements; 

The certification of such vehicles would minimize 

economic hardship for vehicle manufacturers, 

distributors of such vehicles within California, and 

would minimize any resulting impact on vehicle 

availability and costs for consumers; 

WHEREAS, the Board has determined, in accordance with the California 

Environmental Quality Act and Board regulations, that the proposed 

amendments to Title 13, CCR, sections 2230-2231 will not have significant 

adverse environmental impacts; 

i 

NOW, THEREFORE, BE IT RESOLVED that the Board hereby approves for adoption, 

with modification, the amendments to sections 1968.1 and 2230-2231, Title 

13, California Code of Regulations and the documents incorporated therein, 

which were made available for public comment in Mail-Out 94-38 and are set 

forth in Attachment A. The modifications to the language of Attachment A 

are set forth in Attachment B. 

BE IT FURTHER RESOLVED that the Board directs the Executive Officer to adopt 

Section 1968.1, Title 13, California Code of Regulations, after making the 

modified regulatory language and additional supporting documents and 

information available for public comment for a period of 15 days, provided 

that the Executive Officer shall consider such written comments regarding 

the modification and additional supporting documents and information as may 

be submitted during this period, shall make modifications as may be 

appropriate in light of the comments received, and shall present the 
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Resolution 94-67 

regulationsto the Board for further consideration if he determines that 

this is warranted; 

BE IT FURTHER RESOLVED that the Board hereby determines that pursuant to 

section 209(b) of the Clean Air Act the regulations adopted herein will not 

cause California motor vehicle emission standards, in the aggregate, to be 

less protective of public health and welfare than applicable federal 

standards, and will not cause the California requirements to be inconsistent 

with section 202(a) of the Clean Air Act; 

BE IT FURTHER RESOLVED that the Executive Officer shall, upon adoption, 

forward the amended subsections to Title 13, CCR, section 1968.1, to the 

Administrator of the Environmental Protection Agency with a request for a 

waiver of federal preemption pursuant to section 209(b) of the Clean Air 

Act; 

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BE IT FURTHER RESOLVED that the Board directs the staff to continue to 

closely monitor vehicle manufacturers in complying with the requirements of 

section 1968.1, Title 13, CCR, and to report to the Board in 1996 if further 

amendments to the regulations are necessary for future model year vehicles. 

I hereby certify that the above 

is a true and correct copy of 

Resolution 94-67 as adopted by 

the Air Resources Board. 

Pat Hutchens, Board Secretary 
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STATE OF-CALIFORNIA 

7 

PETE W1LSOH, Governor 

AIR RESOURCES BOARD 

2020 L STREET 

P.O. BOX 2815 

SACRAMENTO, CA 95812 

STATEMENT RE MAILING 

NOTICE OF AVAILABILITY OF MODIFIED TEXT 

On January 19, 1995 , the Air Resources Board mailed the 

attached NOTICE OF AVAILABILITY OF MODIFIED TEXT to those persons specified 

in section 44, subsections (a)(1) through (4) Title 1, CCR, as required by 

section 44, Title 1, CCR. In addition, the notice was available to the 

public from January 19, 1995 through February 3, 1995 at the 

Public Information Office of the Air Resources Board, 2020 L Street, First 

Floor, Sacramento, California. 

Date: W ^^? 5 

"Artavia W/Edwards 

Regulations Coordinator 

Attachment 
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* 

Modifications to Section 1968.1 (k), Title 13, California Code of Regulations 

These are amendments to section 1968.1, Title 13, CCR. Amendments adopted 

by the Board on December 8, 1994, are shown in underline to indicate additions 

and stikcout to indicate deletions. Amendments noticed for comment between 

April 3 and April 18, 1995, are indicated by double underline for additions. 

(k) STANDARDIZATION Standardized access to emission-related fault codes, 

emission-related powertrain test information (i.e., parameter values) as 

outlined in subsection (I), emission related diagnostic procedures, and stored 

freeze frame data shall be incorporated based on the industry specifications 

referenced in this regulation. 

(1.0) Either SAE Recommended Practice J1850, "Class B Data Communication 

Network Interface", August. 1991 Mav. 1994, or ISO 914122 CARB, "Road 

vehicles - Diagnostic Systems - CARB Requirements for Interchange of 

Digital Information," February, 1994, which are incorporated by reference, 

shall be used as the on-board to off-board network communications protocol. 

All SAE J1979 emission related messages sent to the J1978 scan tool over 

a J1850 data link shall use the Cyclic Redundancy Check and the three byte 

header, and shall not use inter-byte separation or checksums. 

(2.0) J1978 & J1979 Standardization ofthe message content (including test 

modes and test messages) as well as standardization of the downloading 

protocol for fault codes, parameter values and their units, and freeze frame 

data are set forth in SAE Recommended Practices on "OBD II Scan Tool" 

(J1978), March. 1992 June. 1994, and "E/E Diagnostic Test Modes" 

(J1979), Doccmbor, 1991 June 1994, which have been incorporated by 

reference. Fault codes, parameter values, and freeze frame data shall be 

capable of being downloaded to a generic scan tool meeting these SAE 

specifications. 

(2.1) Manufacturers shall make readily available at a fair and reasonable price to 

the automotive repair industry vehicle repair procedures which allow 

effective emission related diagnosis and repairs to be performed using only 

the J1978 generic scan tool and commonly available, non-microprocessor 

based tools. In addition to these procedures, manufacturers may publish 

repair procedures referencing the use of manufacturer specific or enhanced 

equipment. 

(2.2) The J1978 scan tool shall be capable of notifying the user when one or more 

of the required monitoring systems are not included as part of the OBD 

system. 
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(3.0) J2012 Part C Uniform fault codes based on SAE specifications shall be 

employed. SAE "Recommended Format and Messages for Diagnostic 

Trouble Codes" (J2012), March January, 4-S9-. 1994, is incorporated by 

reference. 

(4.0) J1962 A standard data link connector in a standard location in each vehicle 

based on SAE specifications shall be incorporated. The location of the 

connector shall be easily identified bv a technician entering the vehicle from 

the driver's side. Any pins in the standard connector that provide any 

electrical power shall be properly fused to protect the integrity and 

usefulness of the diagnostic connector for diagnostic purposes. The SAE 

Recommended Practice "Diagnostic Connector" (J1962), June, 1992, is 

incorporated by reference. 

(5.0) With Executive Officer approval, medium-dutv vehicles mav alternatively 

employ the communication protocols established in Draft SAE Recommended 

Practice J1939, "Serial Control and Communications Vehicle Network", 

January, 1994, which is incorporated bv reference, to satisfy the 

standardization requirements specified in sections (k)(1) through (k)(4) 

above. The Executive Officer's decision shall be based on the effectiveness 

of the SAE J1939 protocol in satisfying the diagnostic information 

requirements of Section 1968.1 in comparison with the above referenced 

documents. 

*TS-