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State of California 

AIR RESOURCES BOARD 

 

Second Notice of Public Availability of Modified Text 

PUBLIC HEARING TO CONSIDER THE ADOPTION OF NEW EMISSION 

STANDARDS, FLEET REQUIREMENTS, AND TEST PROCEDURES FOR 

FORKLIFTS AND OTHER INDUSTRIAL EQUIPMENT 

Public Hearing Date: April 20, 2006 

Postponed to: May 25, 2006 

 First Public Availability of Modified Text Date: December 1, 2006 

 Second Public Availability of Modified Text Date: February 1, 2007 

 Deadline for Public Comment: February 16, 2007 

At its public hearing on May 25, 2006, the Air Resources Board (ARB or Board) 

approved amendments and adoptions to title 13, California Code of Regulations (CCR), 

and to several documents incorporated by reference therein. The regulations approved 

for amendment are sections 2430, 2431, 2433, 2434, and 2438. The regulations 

approved for adoption are sections 2775, 2775.1, 2775.2, 2780, 2781, 2782, 2783, 

2784, 2785, 2786, 2787, 2788, and 2789. 

The approved documents incorporated by reference are: 1) the amendment of 

incorporated “California Exhaust Emission Standards and Test Procedures for New 

2001 and Later Off-Road Large Spark-Ignition Engines,” Parts I and II; 2) the adoption 

of incorporated “California Exhaust Emission Standards and Test Procedures for New 

2007 through 2009 Model-Year Off-Road Large Spark-Ignition Engines;” 3) the 

adoption of incorporated “California Exhaust Emission Standards and Test Procedures 

for New 2007 and Later Model-Year Off-Road Large Spark-Ignition Engines;” and 4) the 

adoption of incorporated “California Exhaust and Emission Standards and Test 

Procedures for New 2010 and Later Model-Year Off-Road Large Spark-Ignition 

Engines.” 

The approved regulations are designed to reduce the ozone-forming emissions of 

hydrocarbons and oxides of nitrogen (HC + NOx) from new and in-use forklifts and 

other industrial equipment. The regulations meet a commitment made in the 

2003 State and Federal Strategy for the State Implementation Plan, approved by the 

Board on October 23, 2003. 

The Board’s Action

At the hearing, the Board adopted Resolution 06-11, approving the amended and 

adopted regulations with modifications (Attachment B of the Resolution). In the 

Resolution, the Board directed the Executive Officer to incorporate the approved 

modifications into the proposed regulatory text, with such other conforming 

modifications as may be appropriate, and to make the modified text available for a 

supplemental comment period. As a result, on December 1, 2006, the first Notice of 
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Public Availability of Modified Text and Supporting Documents and Information 

(first 15-day notice) was issued. The public comment period for the first 15-day notice 

was extended and then ended on January 12, 2007. 

Modified Text Being Made Available

Based on the comments that were received in response to the first 15-day notice, 

additional modifications to the regulatory text are being proposed in a Second Notice of 

Public Availability of Modified Text (second 15-day notice). The Board’s approved 

modified text, including staff’s subsequent modifications, is appended to this notice as 

Attachment 1. By this notice, the modified text is being made available for public 

comment prior to the final action by the Board’s Executive Officer. All of these 

documents are available online for public inspection at ARB’s Internet website for this 

rulemaking at http://www.arb.ca.gov/regact/lore2006/lore2006.htm. Copies of these 

documents may be obtained from the Board’s Public Information Office by calling 

(916) 322-2990 or by visiting the 1st floor Visitors and Environmental Services Center, 

1001 I Street, Sacramento, California 95814. They may also be obtained from 

Ms. Kathryn Leuterio at (916) 322-1731, or by email at kleuteri@arb.ca.gov. 

Summary of Proposed Modifications

The following summarizes the proposed substantive modifications and the rationale for 

making them. The section numbers and paragraphs are referenced as renumbered in 

the modified text. 

Title 13, California Code of Regulations, § 2433 Emission Standards and Test 

Procedures – Off-Road Large Spark-ignition Engines 

(b)(1) To better delineate between mandatory and optional standards, this section is 

reorganized. Subparagraph (b)(1)(A) still contains the required exhaust emission 

standards, but (b)(1)(B) now contains the United States Environmental Protection 

Agency (U.S. EPA) alternative certification formula. The optional exhaust emission 

standards formerly contained in (b)(1)(B) are now in subparagraph (b)(2). And 

subparagraph (b)(1)(c) has been added containing a reference to the field testing 

standards contained in 40 CFR Section 1048.101(c). 

Additionally, two corrections and an addition are made to the notes section 

accompanying the mandatory standards table in subparagraph (b)(1)(A). Both 

corrections to note (1) clarify that emissions are to be reported to the ARB in units of 

grams per kilowatt-hour (g/kW-hr). Emissions were previously reported in units of 

grams per brake horsepower-hour; however, ARB in harmonizing with the U.S. EPA is 

now using the kilowatt-hour as the measurement unit for power. The addition of note 

(5) provides the HC+NOx and CO standards for model year 2007 and newer 

severe-duty engines. This information was contained in the incorporated by reference 

“California Exhaust and Evaporative Emission Standards and Test Procedures for New 

2010 and Later Off-Road Large Spark-ignition Engines” (40 CFR, Part 1048), but was 

inadvertently omitted from this section and from the incorporated by reference 

“California Exhaust and Evaporative Emission Standards and Test Procedures for New 
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2007 through 2009 Off-Road Large Spark-ignition Engines” (40 CFR, Part 1048). The 

original note (5) is renumbered to note (6). 

(b)(2) The alternative certification formula originally contained in (b)(2) is now 

contained in (b)(1)(B). New subparagraph (b)(2)(A) contains the optional exhaust 

emission standards formerly contained in (b)(1)(B). New subparagraph (b)(2)(B) 

contains the field testing standards accompanying the optional standards in (b)(2)(A), 

consistent with U.S. EPA’s Blue Sky standards. These field testing standards were part 

of the Additionally, a note is added to the optional exhaust emissions table in 

subparagraph (b)(2)(A) clarifying that emissions are to be reported to the ARB in units 

of grams per kilowatt-hour for the reasons discussed in (b)(1) above. 

(b)(4)(B) A date is added to the reference in this subparagraph to specify that the 

applicable evaporative emission specifications for non-metallic fuel lines is contained in 

the November 1996, and not the November 2004, SAE J2260. 

(b)(4)(D) References to 40 CFR Sections 1048.105 and 1048.245 are added for 

manufacturers opting to use design-based certification for the evaporative emission 

standards. 

Incorporated “California Exhaust and Evaporative Emission Standards and Test 

Procedures for New 2007 through 2009 Off-Road Large Spark-ignition Engines” 

(40 CFR, Part 1048)

The title is changed to remove the reference to “PART 1:” as there is only one part of 

the “California Exhaust and Evaporative Emission Standards and Test Procedures for 

New 2007 through 2009 Off-Road Large Spark-ignition Engines.” 

§1048.101 What exhaust emission standards must my engines meet?

(a)(2) A note is added to the exhaust emission standards table clarifying that emissions 

are to be reported to the ARB in units of grams per kilowatt-hour for the reasons 

discussed for title 13, CCR, section 2433(b)(1) above. Other requirements are added 

providing the HC+NOx and CO standards for model year 2007 through 2009 

severe-duty engines. Both the note and the severe-duty engine requirements were to 

have been carried over from the corresponding exhaust emission standards table in the 

incorporated by reference “California Exhaust and Evaporative Emission Standards and 

Test Procedures for New 2010 and Later Off-Road Large Spark-ignition Engines,” but 

were inadvertently omitted. 

§1048.120 What emission-related warranty requirements apply to me? 

A provision is added referencing the State’s warranty requirements. The intent of the 

additional provision is to clarify that both sets of warranty requirements – title 13, CCR, 

section 2436 and 40 CFR Section 1048.120 – apply. 

§1048.135 How must I label and identify the engines I produce? 

A provision is added referencing the State’s labeling requirements. The intent of the 

additional provision is to clarify that both sets of labeling requirements – title 13, CCR, 

section 2434 and 40 CFR Section 1048.135 – apply. 
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§1048.140 What are the provisions for certifying optional lower-emission 

standard engines? 

Introductory language is corrected so that the requirements being applied to optional 

lower-emission standard (OLES) engines are those for model year 2007-2009 engines 

and not model year 2010 engines. The 2010 reference was carried over in error from 

the corresponding exhaust emission standards table in the incorporated by reference 

“California Exhaust and Evaporative Emission Standards and Test Procedures for New 

2010 and Later Off-Road Large Spark-ignition Engines.” 

A note is added to the optional exhaust emission standards table clarifying that 

emissions are to be reported to the ARB in units of grams per kilowatt-hour for the 

reasons discussed earlier for title 13, CCR, section 2433(b)(1). 

Incorporated “California Exhaust and Evaporative Emission Standards and Test 

Procedures for New 2010 and Later Off-Road Large Spark-ignition Engines”

§1048.101 What exhaust emission standards must my engines meet?

(a)(2) The first note accompanying the exhaust emission standards table is modified to 

reflect that emissions are to be reported to the ARB in units of grams per kilowatt-hour 

for the reasons discussed in title 13, CCR, section 2433(b)(1) earlier. The language 

providing the HC+NOx and CO standards for model year 2010 and later severe-duty 

engines is modified to reflect the correct federal HC+NOx standard for these engines. 

§1048.120 What emission-related warranty requirements apply to me? 

A provision is added referencing the State’s warranty requirements. The intent of the 

additional provision is to clarify that both sets of warranty requirements – title 13, CCR, 

section 2436 and 40 CFR Section 1048.120 – apply. 

§1048.135 How must I label and identify the engines I produce? 

A provision is added referencing the State’s labeling requirements. The intent of the 

additional provision is to clarify that both sets of labeling requirements – title 13, CCR, 

section 2434 and 40 CFR Section 1048.135 – apply. 

§1048.140 What are the provisions for certifying optional lower-emission 

standard engines? 

A correction is made to the section title of the section being deleted and replaced to 

clarify that it is Blue Sky Series engine standards that are being replaced and not 

optional lower-emission engine standards. 

A note is added to the optional exhaust emission standards table requiring emissions to 

be reported to the ARB in units of grams per kilowatt-hour for the reasons discussed for 

title 13, CCR, section 2433(b)(1).
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Title 13, California Code of Regulations, § 2775(d) Definitions 

“Agricultural Crop Preparation Services” 

Language excluding manufacturing activities such as the freeze drying of fruits and 

vegetables, the slicing and dicing of garlic or onions, the flaking of potato products, and 

the making of bouillon, noodle mixes, rice mixes, soup mixes, sauce mixes, and salad 

dressing mixes is removed from the definition. This language was included in the first 

Notice of Availability of Modified Text to provide examples of the types of dried and 

dehydrated food manufacturing activities that were not considered to be part of the 

“dehydrators” definition and thus not part of the “agricultural crop preparation services” 

definition. Stakeholders expressed a concern that excluding certain activities implied 

that other related activities might be included. Since the existing “dehydrators” 

definition already stipulates those dried and dehydrated food manufacturing activities 

that are “included,” staff concurs that there is no need to exemplify excluded activities. 

“Airport Ground Support Equipment” 

Language is added to the definition to clarify that categories of GSE designed for 

on-road use, but dedicated to GSE operations and not licensed for on-road use may be 

included in the fleet average calculations. The clarification ensures that on-road 

equivalent GSE may not contain a license plate from any state, not just California. 

“Leased forklift” 

A definition is added that clarifies the term as applied to forklifts used in agricultural 

crop preparation services in title 13, CCR, section 2775.1(c)(3). 

“Rental forklift” 

 A definition is added that clarifies the term as applied to forklifts used in agricultural 

crop preparation services in title 13, CCR, section 2775.1(c)(3). 

“South Coast Air Basin Airports” 

This definition has been removed as it only applied to sections that were removed in the 

first Notice of Availability of Modified Text (sections 2775.1(b), (b)(1), and (b)(2)). 

Title 13, California Code of Regulations, § 2775.1. Standards

 (c), (c)(1), and (c)(2) The word “owned” is removed from section (c) and placed into 

sections (c)(1) and (c)(2) to clarify that section (c) provides requirements not only for 

owned forklifts, but requirements for rental and leased forklifts as well. 

Title 13, California Code of Regulations, § 2775.2. Compliance Requirements for 

Fleet Operators 

(a) and (b) Provisions are further modified in these sections to clarify that only medium 

and large facilities and those with a non-forklift fleet (four or more pieces of equipment 

by definition) are required to conduct a baseline inventory and keep records. 
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Comments and Subsequent Action

In accordance with section 11346.8 of the Government Code, the Board directed the 

Executive Officer to amend sections 2430, 2433, and 2434, and adopt sections 2775, 

2775.1, 2775.2, 2780, 2781, 2782, 2783 2784, 2785, 2786, 2787, 2788, and 2789, 

title 13, CCR, and the amendments and adoptions of documents incorporated therein, 

after making the modified regulatory language available to the public for a supplemental 

written comment period of at least 15 days. The Board further provided that the 

Executive Officer shall consider such written comments as may be submitted during this 

period, shall make such modifications as may be appropriate in light of comments 

received, and shall present the regulations to the Board for further consideration if she 

determines that this is warranted.

Written comments on the second 15-day notice modifications may be submitted by 

postal mail, electronic mail, or facsimile as follows: 

Postal Mail is to be sent to: 

Clerk of the Board 

Air Resources Board 

1001 “I” Street, 23rd Floor 

Sacramento, California 95814 

Electronic submittal: http://www.arb.ca.gov/lispub/comm/bclist.php 

Facsimile submissions are to be transmitted to: (916) 322-3928 

In order to be considered by the Executive Officer, comments must be directed to the 

ARB in one of the three forms described above and received by the ARB by 5:00 p.m. 

on the deadline date for public comment listed at the beginning of this notice. Only 

comments relating to the above-described modifications to the text of the regulations 

will be considered by the Executive Officer. 

Attachment