State of California

Notice of Public Availability of Modified Text


Public Hearing Date: November 15, 2001
Public Availability Date: March 11, 2002
Deadline for Public Comment: March 27, 2002

At a public hearing on November 15, 2001, the Air Resources Board ("Board" or "ARB") considered a proposal to establish a distributed generation certification program for electrical generation technologies that are exempt from air pollution control and air quality management districts' permitting requirements (sections 94200-94214, title 17, California Code of Regulations (CCR)). The proposed distributed generation certification program is described in detail in the Initial Statement of Reasons (ISOR) which was released to the public on
September 28, 2001, and can be accessed at

At the hearing, the staff presented, and the Board approved, modifications to the originally proposed language to address minor clarifications and to respond to comments received since the ISOR was published. These modifications include:

· Add minor clarification language to sections 94200, 94201, 94202, and 94204;

· Modify section 94203 to clarify language and to eliminate the 75 percent minimum average efficiency requirement for the 2007 standard; and

· Modify section 94207 to clarify language, correct the reference for an electric meter calibration method, and change the formula for averaging the emission testing results.

Attached to this notice is Board Resolution 01-49 (Enclosure 1), which approves the regulatory action. The text of the modified regulatory language is appended to this notice as Enclosure 2. Deletions to the originally proposed language are shown in strike out and additions to the originally proposed language are underlined.

In accordance with section 11346.8 of the Government Code, the Board directed the Executive Officer to adopt sections 94200-94214, title 17, CCR, after making the modified language available to the public for comment for a period of at least 15 days, provided the Executive Officer consider such written comments as may be submitted during this period, make such modifications as may be appropriate in light of the comments received, and present the regulations to the Board for further consideration, if warranted.

Written and e-mail comments on the proposed modifications shown in Enclosure 2 must be received no later than March 27, 2002, in order to be considered by the Executive Officer prior to final action. Only comments relating to the modifications described earlier shall be considered by the Executive Officer. Written comments must be addressed to the Clerk of the Board, Air Resources Board, P.O. Box 2815, Sacramento, CA 95812. E-mail comments must be addressed to


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