State of California
AIR RESOURCES BOARD

Third Notice of Public Availability of Modified Text


PUBLIC HEARING TO CONSIDER THE ADOPTION OF EXHAUST AND EVAPORATIVE EMISSION CONTROL REQUIREMENTS FOR SMALL OFF-ROAD ENGINES LESS THAN OR EQUAL TO 19 KILOWATTS AND EQUIPMENT THAT USE SUCH ENGINES

Public Hearing Date: September 25, 2003
Public Availability Date: June 30, 2004
Deadline for Public Comment: July 15, 2004


At its September 25, 2003, public hearing, the Air Resources Board (ARB or the Board) approved the adoption of sections 2750, 2751, 2752, 2753, 2754, 2755, 2756, 2757, 2758, 2759, 2760, 2761, 2762, 2763, 2764, 2765, 2766, 2767, 2768, 2769, 2770, 2771, 2772, and 2773, title 13, California Code of Regulations (CCR), along with the incorporated "Small Off-Road Engine Evaporative Emission Test Procedures, TP-901 and TP-902" and the incorporated "Small Off-Road Engine Evaporative Emissions Control System Certification Procedures, CP-901 and CP-902." The purpose of those regulations and test procedures is to establish evaporative emission standards for small off-road engines, and equipment that use small off-road engines, less than or equal to 19 kilowatts (kW). The Board also approved the adoption of sections 2405.1, 2405.2, and 2405.3 and amendments to sections 2400, 2401, 2403, 2404, 2405, 2407, 2408, and 2409, title 13, CCR, along with amendments to the incorporated "California Exhaust Emission Standards and Test Procedures for 1995 and later Small Off-Road Engines," as last amended January 28, 2000, title 13, CCR. In addition, the Board approved the adoption of the incorporated "California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines." The purpose of those amendments to the regulations and test procedures is to include more stringent exhaust emission standards for small off-road engines less than or equal to 19 kW. In addition, the purpose of the updated test procedures is to more closely harmonize with the federal small engine test procedures (40 Code of Federal Regulations, part 90, subparts A, B, D, and E and corresponding appendices).

At the hearing, the staff presented, and the Board approved, modifications to the regulations originally proposed in the Staff Report released on August 8, 2003. In response to comments received during the 45-day comment period and at the Board hearing on September 25, 2003, modified text was made publicly available for a 30-day comment period on February 9, 2004. In response to comments received during the 30-day comment period, modified text was made publicly available for a 15-day comment period on May 14, 2004. The modified text described in this document responds to comments received during the 15-day comment period that ended June 1, 2004. The following describes the modifications, by section number:

EXHAUST TEST PROCEDURES

§90.103 - Exhaust emission standards

In the previous Notice of Public Availability of Modified Text and corresponding attachment released on May 14, 2004, staff indicated that the original paragraph (a)(3)(ii) was to be deleted and replaced by new language. However, in the attachment the original language with modifications was incorrectly included. Staff has corrected this error by showing that the original paragraph (a)(3)(ii) is to be deleted in its entirety.

§90.118 - Certification procedure - service accumulation and usage of deterioration factors

Paragraph (f) has been modified to require manufacturers to justify the need for and the use of supplemental cooling in the application for certification in addition to the demonstration that the cooling is representative of in-use operation.

§90.307 - Engine cooling system

Similar to the modification to section 90.118 noted above, this section has been modified to require manufacturers to justify the need for and the use of supplemental cooling in the application for certification in addition to the demonstration that the cooling is representative of in-use operation.

EVAPORATIVE REGULATIONS

§2767(a) - Innovative Products

The subsection has been modified to require that tank vent controls meet all of the requirements of Section 2754.

EVAPORATIVE TEST PROCEDURES

TP-902, Test Procedure for Determining Diurnal Evaporative Emissions from Small Off-Road Engines

Section 6.1, paragraph 1 has been modified to require data documenting a stable permeation rate for preconditioning soak periods less than 140 days.

EVAPORATIVE CERTIFICATION PROCEDURES

CP-902, Certification and Approval Procedure for Evaporative Emission Control Systems

Section 4, paragraph 2 has been modified to clarify the placement of the evaporative code on the label.

Staff has made several other nonsubstantial modifications throughout the regulations and test procedures to correct grammatical and typographical errors, correct references and citations, and improve the clarity of the regulations and test procedures. Because these modifications are nonsubstantial, they are not being made available in connection with this Notice.

A copy of Board Resolution 03-24 approving the regulatory action described above and the regulatory documents for this rulemaking are available online at the following ARB Internet site: /regact/sore03/sore03.htm

Printed copies are also available and may be obtained from Ms. Margaret Dawson, Mobile Source Control Division, (626) 575-6632 or fax (626) 459-4480.

In accordance with section 11346.8 of the Government Code, the Board directed the Executive Officer to adopt sections 2400, 2401, 2403, 2404, 2405, 2405.1, 2405.2, 2405.3, 2407, 2408, 2409, 2750, 2751, 2752, 2753, 2754, 2755, 2756, 2757, 2758, 2759, 2760, 2761, 2762, 2763, 2764, 2765, 2766, 2767, 2768, 2769, 2770, 2771, 2772, and 2773, title 13, CCR, after making them available to the public for comment for a period of at least 30 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 the comments received, and shall present the regulations to the Board for further consideration if warranted. As noted above, the modified text was made publicly available for a 15-day comment period on May 14, 2004. The modified text described in this document responds to comments received during the 15-day comment period that ended June 1, 2004. These additional modifications are being made available for a third supplemental comment period of 15-days in accordance with section 11346.8 of the Government Code.

Written comments on the modifications approved by the Board 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 mail is to be sent to: sore03@listserv.arb.ca.gov

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, test procedures, and certification procedures shall be considered by the Executive Officer.

If you have a disability-related accommodation need, please go to /html/ada/ada.htm for assistance or contact the ADA Coordinator at (916) 323-4916. If you are a person who needs assistance in a language other than English, please go to /personnel/eeo/languageaccess.htm or contact the Bilingual Coordinator at (916) 324-5049. TTY/TDD/Speech-to-Speech users may dial
7-1-1 for the California Relay Service.

Attachment

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