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Posted: 26 Aug 2011 15:51:02
The California Air Resources Board is proposing updates to the
existing test procedures for new off-road diesel engines,
primarily to align with similar federal requirements, and
requests comments from affected stakeholders prior to releasing
the official 45 day notice for the December 2011 Board hearing.
The Air Resources Board (ARB) has released a draft of the
proposed amendments to the California tier 4 off-road
compression-ignition (CI) engine test procedures.  The basis of
these test procedures are the U.S. Environmental Protection
Agency’s (U.S. EPA’s) nonroad CI engine regulations contained in
title 40 Code of Federal Regulations (40 CFR) Parts 1039, 1065,
and 1068, and which ARB adopted originally on October 20, 2005. 
The released ARB draft proposal reflects both the amendments that
U.S. EPA has made to Parts 1039, 1065, and 1068 since 2005, as
well as ARB’s proposed amendments for aligning with those federal
amendments.  Except for draft amendments of Table 1b (Tier 4
Exhaust Emission Standards) and Table 2b (Upper Limit for Tier 4
Family Emission Limits (FELs) and Alternative Allowances), from
title 13, California Code of Regulations (13 CCR) §2423, a draft
of the other amendments that will be proposed to the California
tier 4 off-road CI engine regulations in 13 CCR §2420 is not
included with this release.  However, such amendments are
forthcoming and will reflect the amendments being proposed in the
draft test procedures proposal.  

The draft test procedure amendment proposal can be found on the
following webpage,

Specifically, ARB is planning on proposing modifications to the
California tier 4 off-road CI engine regulations in order to
increase the level of harmonization with the current U.S. EPA
regulations.  The proposal will retire the current test
procedures (i.e., Part I-C, adopted October 20, 2005) with the
2010 model year, and create new Parts I-D, I-E, and I-F.  The
proposed Part I D amends the Part 1039-portion of Part I-C by
adopting portions of U.S. EPA’s Part 1039, of 40 CFR, as last
modified in Vol. 75 of the Federal Register, Pg. 37977 (76 FR
37933), on June 28, 2011.  The proposed Part I-E adopts U.S.
EPA’s 40 CFR Part 1065, as last modified in 76 FR 37977, on June
28, 2011, as a replacement for the Part 1065-portion of Part I-C;
and, the proposed Part I-F amends the Part 1068-portion of Part
I-C by adopting portions of U.S. EPA’s 40 CFR Part 1068, as last
modified in 76 FR 37977, on June 28, 2011.  Although not included
in the draft proposal (except for the above mentioned Tables 1b
and 2b), staff is also planning on amending the applicable
sections of 13 CCR to reflect the draft test procedures
amendments described herein. 

In order to satisfy the required deadlines that are involved in
this rulemaking process, comments related to the draft proposed
amendments should be received by the close of business on Friday,
September 9, 2011.  Please submit any comments to Mr. Jeff Lowry,
Staff Air Pollution Specialist, jlowry@arb.ca.gov or (626)
575-6841; or Mr. Ronald Haste, Manager, Off Road Control Section,
at rhaste@arb.ca.gov or (626) 575 6676.   

In 2001, the U.S. EPA adopted 40 CFR, Part 1065, as a “united”
test procedure for both “nonroad” engines and equipment and
on-highway heavy-duty CI engines.  The test procedures in Part
1065 essentially replaced those previously used in Part 89 for
nonroad CI engines.  Since its initial adoption, Part 1065 has
been amended repeatedly to both improve and expand its
applicability for other nonroad engine categories.  Federal
nonroad CI engines certified for tier 4 standards must be tested
using Part 1065.  Use of Part 1065 was optional for tier 3 and
earlier model engines.  In addition, U.S. EPA adopted Part 1039,
which is the “standard-setting” part for nonroad CI engines. 
Besides the actual emission standards, Part 1039 contains other
provisions, such as certification protocols, credit-generation
allowances, etc.  Also adopted was Part 1068, which contains the
general compliance provisions.   

California adopted Part 1065 originally in 2005 in conjunction
with its adoption of the tier 4 off-road CI engine emission
standards.  Since 2005, U.S. EPA has adopted several amendments
to its nonroad CI engine regulations (i.e., to Parts 1039, 1065,
and 1068).  In May 2009, off-road CI engine manufacturers
formally asked ARB to maintain full alignment and harmonization
with the federal regulations in order to avoid performing
separate testing and certification processes and thereby reduce
their burden of compliance.  Since that time, ARB has worked
cooperatively with these manufacturers in developing harmonizing
amendments to its off-road tier 4 CI engine regulations and test
procedures without changing the stringency of California’s
current emission standards. 
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