OHRV Amendments

Second 15-day Notice May 2, 2007 

## APPENDIX II

STAFF’S PROPOSED MODIFICATIONS TO THE INCORPORATED

TEST PROCEDURES

The following text shows the additional modificatio ns to the previously proposed regulatory text. Unless otherwise indicated below, the originally proposed new provisions are shown in plain text, the proposed mo difications made available for public comment on March 29, 2007, are shown in unde rline to indicate additions

and strikeout to show deletions. The second set of modifications now being made available for public comment is shown in double und erline to indicate additions

and bold italicized strike through to indicate deletions. Only comments relating

to the modifications described in this second notic e will be considered by the

Executive Officer.OHRV Amendments

Second 15-day Notice May 2, 2007 II -2 State of California

AIR RESOURCES BOARD

CALIFORNIA EXHAUST EMISSIONS STANDARDS AND TEST PRO CEDURES

FOR 1997 AND LATER OFF-HIGHWAY RECREATIONAL VEHICLE S AND

ENGINES

Adopted: May 26, 1995 Amended: October 22, 1999

Amended: <insert date of amendment here>

NOTE: This document incorporates by reference, with noted modifications, sections of Subparts E and F, Part 86, Title 40, Co de of Federal Regulations, and sections of Subparts B, C, F, and I, Part 1051, Tit le 40, Code of Federal Regulations. California provisions which replace sp ecific federal provisions are denoted by the words “DELETE” for the federal langu age and “REPLACE WITH” or “ADD” for the new California language. The symbo ls “* * * * *” and “...” mean that the federal text that immediately follows the symbols is unchanged and incorporated by reference into the California Stand ards and Test Procedures. Sections of the federal regulations which are not l isted are not part of the California Standards and Test Procedures. For compl eteness, additions to the federal regulations occurring since this document w as last amended are also

included.OHRV Amendments

Second 15-day Notice May 2, 2007 II -3 CALIFORNIA EXHAUST EMISSIONS STANDARDS AND TEST PRO CEDURES

FOR 1997 AND LATER OFF-HIGHWAY RECREATIONAL VEHICLE S AND

ENGINES

The following provisions of Subpart E and F, Part 8 6, Title 40, Code of Federal Regulations, as adopted or amended by the U. S. Env ironmental Protection Agency on the date listed are adopted and incorpora ted herein by this reference

as the California Exhaust Emission Standards and Te st Procedures for 1997 and Later Off-Highway recreational vehicles and engines , except as altered or replaced by the provisions set forth below.

PART 86, CONTROL OF EMISSIONS FROM NEW AND IN-USE H IGHWAY

VEHICLES AND ENGINES

Subpart E, General Provisions for Emission Regulati ons for 1978 and Later New Motorcycles

SOURCE: 42 FR 1126, Jan. 5, 1977, unless otherwise

86.402-78 Definitions. 49 FR 48138, Dec. 10, 1984

* * * * *

ADD:

“Off-Road Sport Vehicle” means any off-highway moto r 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 for operation over rough terrain, having a rear payload

of less tha n 350 pounds not exceeding 600 pounds , having an internal combustion engine with a displacement less than or equal to one liter, and is capable of speeds 25 miles per hour or more. Vehicl es otherwise meeting the definition for sand cars but powered by an engine w ith a displacement less than or equal to one liter are considered off-road sport vehicles.

* * * * *

Comment

: The modified text in section 86.402-78 is a tech nical modification that more accurately describes the payload capacity of t hese new types of off-road recreational vehicles. This change reflects the Bo ard’s intent to include this vehicle into California’s off-highway recreational vehicle regulation. It is also

consistent with the information received in the fir st 15-day public comment period.OHRV Amendments

Second 15-day Notice May 2, 2007 II -4 The following provisions of Subparts A, B, C, F, and I, Part 1051, Title 40, Code of Federal Regulations, as adopted or amended by th e U. S. Environmental Protection Agency on the date listed are adopted an d incorporated herein by this

reference as the California Exhaust Emission Standa rds and Test Procedures for 1997 and Later Off-Highway recreational vehicles an d engines. The following modifications generally substitute California refer ences for federal references, but do not change any standard, implementation, or test procedure related to the evaporative control requirements found in the incor porated subparts of the federal regulation.

PART 1051, CONTROL OF EMISSIONS FROM RECREATIONAL E NGINES

AND VEHICLES

Subpart A, Determining How to Follow This Part

1051.5. Which engines are excluded or exempted from this part’s requirements?

DELETE

REPLACE WITH: You may exclude vehicles with compression-ignition engines.

Subpart B, Emission Standards and Related Requireme nts

* * * * *

Comment

: The addition of subpart A and section 1051.5 is intended to clarify that compression-ignition off-highway recreational vehicles are not subject to the evaporative emission standards contained in this re gulation. There was no intent in the staff’s original proposal to expand the Cali fornia’s OHRV evaporative emission requirements beyond those contained in the federal rule. This change

is consistent with the information received in the first 15-day public comment period.