State of California

Monterey Convention Center
Steinbeck Forum
One Portola Plaza
Monterey, CA

10:00 a.m.
December 19, 1979

79-31-1 Public Hearing to Consider Proposed Changes to New 001
Vehicle Compliance Regulations (Title 13) Regarding
Enforcement Action, Violations and Penalties

79-31-2 Status Report on the Need for, and Feasibility of a 0.4
NOx Standard for Light Duty Vehicles

79-31-3 Public Hearing Regarding Proposed Assembly-Line Test 029
Procedures for 1981 Model Year Passenger Cars, Light-Duty
Trucks and Medium-Duty Vehicles

79-31-4 Other Business

a. Research Proposals
b. Delegations to Executive Officer
c. Executive Session

ITEM NO.: 79-31-1


Public Hearing to Consider Proposed Changes to New Vehicle
Compliance Regulations (Title 13) Regarding Enforcement Action,
Violations, and Penalties.


Adopt Resolution 79-82


Under the Board's "New Vehicle Compliance Program", the staff has
documented eighty-six instances of failing or noncomplying engine
families over the past four years. The noncompliance falls into
five categories; (1) failed emission standards, (2) incorrect
parts used (misbuilds), (3) defective hardware, (4) excessive
idle emissions, (5) mislabeling and other miscellaneous cases.
This level of non compliance indicates a need for the
manufacturers to improve their assembly-line quality control

In response to the observed noncompliance (assembly-line or
compliance testing), corrective action is often not undertaken by
the manufacturers within a reasonable time period, and in some
cases manufacturers have not responded to staff requests for an
explanation of the cause of failure. In addition to the problems
associated with delays in implementing corrective action, such as
sale of noncomplying vehicles, the current regulations leave the
Executive Officer with little guidance in establishing fines
and/or sanctions against manufacturers which sell noncomplying
vehicles. The staff believes that the following proposed
enforcement regulations will bring to focus the Board's intent to
ensure that new motor vehicles sold in California comply with the
emission standards and regulations.

As presently constituted, the Board's New Motor Vehicle
Compliance enforcement regulations do not contain specific
procedures and deadlines for implementing a recall or remedial
action plans for new vehicles which fail to comply with the
assembly-line test procedures and applicable emission standards.
In addition, the present regulations do not explicitly specify
violations of these regulations or identify civil penalties
associated with these violations.

The proposed changes to Title 13, Sections 2107, 2109, and 2110,
contain detailed enforcement procedures and deadlines, and also
specify actions which constitute violations of certain portions
of the Health and Safety Code.

Under the proposed changes, when a manufacturer fails to comply
with a specific provision of an ARB regulation, such as the
assembly-line test procedures and/or emission standards, a
violation is declared and the manufacturer's liabilities are
clearly outlined.

The proposed changes specify fines of $50 per vehicle for
specified procedural violations, pursuant to Section 43212 of the
Health and Safety Code; fines of $500 per vehicle for more
substantive violations, pursuant to Health and Safety Code
Section 43016, and fines of $5000 per vehicle for the sale of
vehicles which exceed the emission standards but are not recalled
and repaired.

Additionally, when a violation occurs, the follow-up enforcement
action by the staff and the Executive Officer are virtually
automatic, and the manufacturer and ARB are constrained to follow
the procedures contained in the proposed regulations. This
approach will require timely responses from both the manufacturer
and the ARB.

Staff Report: 79-31-1

Public Hearing to Consider proposed Changes to New Vehicle
Compliance Regulations (Title 13) Regarding Enforcement Actions,
Violations and Penalties.

Summary of Board Action on

Public Hearing to Consider proposed Changes to New Vehicle
Compliance Regulations (Title 13) Regarding Enforcement Actions,
Violations and Penalties.

January 17, 1980

Four major automobile manufacturers, Toyota, the Foreign
Manufacturers Association and the Automobile Importers
Association attended a workshop at El Monte on January 17 with
Chairwoman Nichols and staff during which changes were proposed
to the regulations.

January 30, 1980

The Board delegated to the Executive Officer the authority to
hold a hearing to consider the proposed changes to the
regulations, and if appropriate, adopt these changes. Chairwoman
Nichols indicated she would attend the executive officer hearing.

March 28, 1980, 10:00 a.m.

Executive Officer hearing scheduled at:

Air Resources Board
Haagen-Smit Laboratory
9528 Telstar Avenue
El Monte, CA 91731

AGENDA NO.: 79-31-2

Status Report on the Need for/and Feasibility of a 0.4 NOx
Standard for Light Duty Motor Vehicles.


In June of 1977, the ARB amended the state's emission standards
for passenger cars to limit oxides of nitrogen (NOx) emissions to
no more than 0.4 grams per mile (gpm) beginning with the 1982
model year. This level of NOx control represents approximately a
90% reduction from the level of "uncontrolled" automobile
emissions and was originally established as an automotive
emission standard by the federal government with the passage of
the Clean Air Act Amendments of 1970.

Under the 1970 Act, all passenger cars were to begin meeting a
0.4 gpm NOx standard beginning with the 1976 model year. The
Administrator of the Environmental Protection Agency was given
the authority to waive the 0.4 standard for no more than one
year. The first public hearings on the feasibility of achieving
a 0.4 NOx standard were held during 1973, and one automobile
manufacturer (Honda) and several vendors of emission control
systems (e.g., Questor) provided data in support of their
testimony that the standard could be achieved.

Most auto manufacturers claimed that the standard was only
attainable at low mileage, and most of the available test data
indicated significant fuel economy losses with the systems being

Since 1973 there has been tremendous progress in the development
of systems with the capability of controlling NOx emissions to
less than 0.4 gpm without fuel economy penalties. The 1977 model
4-cylinder Volvos were the first cars to certify at 0.4 gpm NOx,
and the fuel economy of these models was substantially better
than most other cars of similar weight and performance which had
much higher NOx emissions. This advance in NOx control
technology is primarily due to the refinement of 3-way catalysts
and feedback controlled fuel metering systems which has recently
occurred. During the last two years, several manufacturers in
addition to Volvo have either certified at 0.4 NOx or
demonstrated this capability with prototype vehicles. However,
it is the European and Japanese manufacturers who are
demonstrating the greatest progress. U.S. manufacturers may not
be developing adequate fuel metering and catalyst systems to
certify without fuel penalties. Increased attention to NOx
controls may be necessary if the U.S. manufacturers are to
provide California with competitive vehicles. There may be some
reluctance on the part of the U.S. manufacturers to do the best
possible job in meeting California's standards because of the
likelihood that EPA will, as in the past, require a similar level
of performance throughout the U.S. if California demonstrates
that more effective standards are feasible.

It is somewhat ironic that during the same year that Volvo began
selling 0.4 NOx cars, the U.S. Congress amended the Clean Air Act
and deleted the 0.4 NOx requirement. Only a "research" program
is required and no new final compliance date for a 0.4 NOx
standard was established with the most recent Clean Air Act

Because of the elimination of a 0.4 NOx requirement at the
federal level there is increasing pressure on California to
eliminate or postpone the 0.4 NOx requirement. However, the
latest data available to us reinforces the need for a 0.4 NOx
standard to meet both the state and federal air quality
standards. The increasing acid rain/deposition problem would
also be reduced if cars start meeting a 0.4 NOx standard.

However, to more effectively deal with cost and fuel economy
concerns that have been raised by some car manufacturers and car
dealers, the ARB staff recommends that the Board request an
update from all auto manufacturers of their progress toward
meeting the 0.4 gpm NOx standard or its 100,000 mile equivalent
(meeting a 1.0 gram standard for 100,000 miles is considered
equivalent to meeting the 0.4 gpm standard for the standard
50,000 mile certification test). The staff is currently drafting
a list of specific questions for manufacturers which would
provide the information needed for an up-to-date evaluation of
the progress being made toward the achievement of lower NOx
emission leve