State of California
AIR RESOURCES BOARD

Summary of Board Meeting
December 10, 1998

Air Resources Board
Board Hearing Room, Lower Level
2020 "L" Street
Sacramento, California





MEMBERS PRESENT: Hons. Barbara Riordan, Chairman
Joseph C. Calhoun. P.E.
Mark DeSaulnier
John D. Dunlap, III
Lynne T. Edgerton, Esq.
Jack C. Parnell
Barbara Patrick
Ron Roberts
James W. Silva

AGENDA ITEM #

98-14-1

Public Hearing to Consider the Approval of California's Pleasure Craft Exhaust Emissions Inventory

SUMMARY OF AGENDA ITEM:

The staff proposed modifications to the emissions and activity factors which form the basis for the emissions inventory estimates for pleasure craft, which include all boats with engines used for recreation.

Modifications proposed by staff increased the emissions inventory for this class from 144 tons per day of hydrocarbons plus oxides of nitrogen statewide in 1990, to 172 tons per day. Staff believe that this change in methodology reflects a conservative estimate of the inventory given the data available.

ORAL TESTIMONY:

Bob Wyman

Latham and Watkin, Representing National Marine Manufacturers Association

Edward Morgan, National Marine ManufacturersAssociation

John Paliwoda, California Motorcycle Dealers Association

James Haussener, Himself

Todd R. Campbell, Coalition for Clean Air

Dr. Russell Anders, Inter-County Title Co., Representing Self - Scientist - Public

Dr. Russell Long, Bluewater Network

V. John White, Sierra Club

FORMAL BOARD ACTION:

Approved the modifications to the inventory by unanimous vote.

RESPONSIBLE DIVISION: MSCD

STAFF REPORT: Yes (46 pages)

   
98-14-2

Public Hearing to Consider Adoption of Emission Standards and Test Procedures for New 2001 and Later Spark-Ignition Marine Engines

SUMMARY OF AGENDA ITEM:

The staff proposed adoption of the following sections of Title 13, California Code of Regulations: Chapter 9 Off-Road Vehicles and Engines Pollution Control Devices, Article 4.7. Spark-Ignition Marine Engines; Sections 2440 through 2447, and the incorporated California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines.

The regulation, which will be implemented with spark-ignition marine engines produced in the 2001 and later model years, will apply to outboard marine and personal watercraft engines. The regulations did not apply to inboard or sterndrive engines. The regulation was designed to harmonize as closely as possible with the federal program through the incorporation of emission standards that are a percentage of the U.S. EPA 2006 standards and use of U.S. EPA's test procedures, test cycle, in-use and compliance test data, Cumulative Sum method and Selective Enforcement Audit procedures, and certification label format.

The regulation's emission standards are phased in over three implementation dates. The first tier, starting in 2001, implements the U.S. EPA 2006 standards. Tier 2, to be implemented in 2004, tightens the exhaust emission standards to 80 percent of U.S. EPA's 2006 standards. Tier 3, to be implemented in 2008, tightens the standard to 35 percent of U.S. EPA's 2006 standard. The exhaust emission standards are in-use standards and allow for corporate averaging of engines.

The regulation included provisions for certification labeling, environmental consumer awareness labeling, in-use compliance and recall provisions, defects warranty requirements for emission control equipment, production-line testing and selective enforcement auditing.

ORAL TESTIMONY:

Bernie Richter, Himself

Robert Wyman, National Marine Manufacturers Association

David Harrison, NERA

Lawrence E. Keller, Outboard Marine Corporation

Sue Bucheger, Mercury Marine

Ken Bush, Suzuki

Fernando Garcia, Bombardier

Tom Bingham, Honda

Patrick Walker, Maxsym

Tom Fletcher, Freedom Motors

Bruce Bertelson, Manufacturers of Emission ControlsAssociation

Mike Nazemi, South Coast Air Quality Management District

George Hawley, Black Bass Action Committee

Mike Riehl, Black Bass Action Committee

Carter Fickus, Black Bass Action Committee

James Haussener, Self

Russell Anders, Self, Scientist

Ed Peterson, B.A.S.S.

Rodger Stegall, B.A.S.S.

Jim Baetge, Tahoe Regional Planning Agency

Laurie Kemper, California Regional Water Quality Control Board, Lahonton Region

Russell Long, Bluewater Network

Krista Clark, Association of California Water Agencies

Dave Munro, Marina Recreation Association

Betsy Oilman, Marina Operators Association of America

Terry Tjaden, Southern California Marine Association

M'K Veloz, Californians United to Save Boating and Northern California Marine Association

John Paliwoda, California Motorcycle Dealers Association

Craig Jacobsen, The Outboard Motor Shop

Sherman Walker, Goodtimes Kawasaki

Steve Carson, XTRA Los Angeles Radio "Fishing Expeditions"

John Jay, Best Marine

Jim Contzen, Hydro Stream Performance Boats

Brooke Coleman, Earth Island Institute

Robert Lucas, California Council for Environmental and Economic Balance

John White, Sierra Club

Sheila Gallagher, Center for Marine Conservation

Joseph Caves, Union for Concerned Scientists

Todd Campbell, Coalition for Clean Air

Richard Baldwin, Ventura County Air Pollution Control District

Mike Schmitt, Yamaha

FORMAL BOARD ACTION:

Approved Resolution 98-63 by a vote of 8-0.

RESPONSIBLE DIVISION: MSCD

STAFF REPORT: Yes (83 pages plus attachments)

   
98-14-3

Public Hearing to Consider the Adoption of Regulations for Voluntary Accelerated Light-Duty Vehicle Retirement Enterprises

SUMMARY OF AGENDA ITEM:

The staff proposed a new chapter and sections for inclusion in Title 13, California Code of Regulations: Chapter 13, Voluntary Accelerated Vehicle Retirement Enterprises; Article 1, Voluntary Accelerated Light-Duty Vehicle Retirement Enterprises; Sections 2600 - 2610, and the incorporated "Voluntary Accelerated Vehicle Retirement Program Emission Reductions" and "Voluntary Accelerated Vehicle Retirement Certificate of Functional and Equipment Eligibility Inspection Form." The staff's proposal provided: 1) the protocols for the implementation of voluntary accelerated vehicle retirement enterprises authorized and administered by the local air pollution control districts and air quality management districts; and 2) the protocols for the implementation of SIP measure M1 in the South Coast Air Basin from 1999 through 2010, should adequate funding be obtained.

Changes proposed by the staff at the Board hearing included eliminating the requirement for voluntary accelerated vehicle retirement enterprise operators (enterprise operators) to contract out for vehicle eligibility inspection services; allowing a longer vehicle registration lapse period for eligible vehicles; modifying the requirements specifying the need for a Smog Check test; reducing the "waiting" period between the time a vehicle owner first contacts an enterprise operator and the time the vehicle is actually sold; restructuring advertising requirements for enterprise operators; clarifying credit certification mechanisms; minor modifications to the vehicle functional and equipment eligibility requirements; and minor administrative changes.

ORAL TESTIMONY:

Dave Smith, Western States Petroleum Association

Chris Kersting, Specialty Equipment Market Association

Frank Bohanan, Specialty Equipment Market Association

Jon Owyang, Market-Based Solutions

Joel Swartz, Ecology Auto Parts

Jun Mendez, Pick Your Part

Charlie Peters, Clean Air Performance Professionals

Robert Lucas, California Council for Environmental and Economic Balance

Scott Ross, DRIVE! Media

Andrew Nantz, Association of California Car Clubs

Wayne Smith, Self - Car Enthusiast

FORMAL BOARD ACTION:

Approved Resolution 98-64 by a unanimous vote.

RESPONSIBLE DIVISION: MSCD

STAFF REPORT: Yes (77 pages)

   
98-14-4

Public Hearing to Consider Amendments to the California Exhaust Standards for On-Road Motorcycles

SUMMARY OF AGENDA ITEM:

The staff proposed amendments to Title 13, California Code of Regulations, Section 1958 and the incorporated "Exhaust Emission Standards and Test Procedures - Motorcycles Manufactured on or After January 1, 1978." The staff's proposal provided: 1) two new exhaust emission standards limiting hydrocarbon plus oxides of nitrogen (HC+NOx) emissions effective with the 2004 and 2008 model years, respectively; 2) early compliance multiplier credits to encourage early introduction of low emission motorcycles; and 3) a small volume manufacturer provision that gives such businesses an additional four years to meet the first-tier standard and exempts them from the second-tier standard.

Changes proposed by the staff at the Board hearing included applying the amended regulation to motorcycle engine manufacturers in addition to motorcycle manufacturers, setting the definition for small volume manufacturers to 300 units sold per year in California, and clarifying the small volume manufacturer provision.

ORAL TESTIMONY:

Tim Hoelter, Harley-Davidson

Tim Buche, Motorcycle Industry Council

Tom Austin, Motorcycle Industry Council

Eric Lundquist, American Motorcyclist Association

John Paliwoda, California Motorcycle Dealers Association

Stacey Stewart, Polaris Motorcycles

Clifford Fenske, California Motorcycle Company

Richard Baldwin, Ventura County APCD

Bruce Bertelsen, Manufacturers of Emission Controls Association

FORMAL BOARD ACTION:

Approved Resolution 98-65 by a unanimous vote.

RESPONSIBLE DIVISION: MSCD

STAFF REPORT: Yes (80 pages)

   
98-14-5

Public Hearing to Consider Amendments to the California Regulations for New 1997 and Later Off-Highway Recreational Vehicles and Engines

SUMMARY OF AGENDA ITEM:

Staff proposed amendments to the California regulations for new 1997 and later off-highway recreational vehicles and engines. The Board originally adopted emission standards and test procedures for off-highway recreational vehicles (OHRVs), which include off-road motorcycles, in January 1994. Emission standards for most categories of OHRVs went into effect in January 1997. However, manufacturers have not produced the full line of complying off-road motorcycles that was anticipated when the regulations were originally adopted. As a result, off-road motorcycle users and dealers have expressed concerns about the lack of an adequate variety of complying off-road motorcycles. The amendments were proposed to address these concerns.

The proposed amendments would create riding seasons, for each public land Off-Highway Vehicle Area, during which non-emission-compliant off-road motorcycles could be ridden. For any Off-Highway Vehicle Area in an ozone attainment area, a year-round riding season was proposed. For Off-Highway Vehicle Areas in ozone nonattainment areas, riding seasons were proposed that coincide with periods of good air quality, and are typically in the late fall, winter, and early spring months.

Under the proposal, the emission standards for off-highway recreational vehicles would not change. Emission-compliant OHRVs would continue to be eligible to receive a green sticker upon DMV registration, which allows them to be ridden year-round in all Off-Highway Vehicle Areas. Non-emission-compliant OHRVs would be eligible to receive a red sticker upon DMV registration, which would allow them to be ridden only during the riding seasons in Off-Highway Vehicle Areas. Both emission-compliant and non-emission-compliant OHRVs would have to be certified to be ridden in Off-Highway Vehicle areas.

In addition, staff proposed modifications to the originally proposed amendments at the hearing. The most notable change was the addition of language regarding the Sunset Review of Regulations, in accordance with EO W-144-97, to the section of the regulations specifying the riding seasons for the Off-Highway Vehicle Areas. This language requires that the ARB review this section of the regulations within five years from its date of adoption or date of implementation, whichever comes later, to determine whether it should be retained, revised, or repealed.

The Board approved the originally proposed amendments and the additional changes suggested by staff, and directed staff to provide limited riding seasons, to be determined by staff, for two Off-Highway Vehicle Areas for which the riding of non-emission-compliant OHRVs had been prohibited in the original proposal.

ORAL TESTIMONY:

John Paliwoda, California Motorcycle Dealers Association

Dave Oakleaf, American Motorcyclist Association

Bill Dart, American Motorcyclist Association

Jerry Fouts Americ