California Air Resources Board

What are Public Records?

"Public records" include any writing containing information relating to the conduct of the public's business prepared, owned, used or retained by CARB regardless of physical form or characteristics.

'Writing means handwriting, typewriting, printing, Photostatting, photography, and every other means of recording upon any form of communication or representation, including letters, words, pictures, sounds, or symbols or any combination thereof, and all papers, maps, magnetic or paper tapes, photographic films and prints, magnetic or punched cards, discs, drums and other documents.

'Member of the public' means any person, except a member, agency, officer, or employee of a federal, state, or local agency acting within the scope of his or her membership, agency, office, or employment.

How can I make a request for Public Records?

To make a written request, send a letter to the California Air Resources Board Public Records Coordinator, Legal Office, P.O. Box 2815, Sacramento, CA 95812 or prareqst@arb.ca.gov. The written request need not be in any particular form, but should describe the requested records with sufficient specificity to enable CARB staff to identify and locate the records requested. The request should include a telephone number where you can be reached to discuss the request if we need additional information to locate records for you. A sample California Public Records request letteris provided below for your use.

If you wish to make a public records request in person, please contact our Public Records Coordinator at (916) 445-8286 upon your arrival at the CalEPA Visitor Center. Our Public Records Coordinator is available to take your request during normal CARB office hours, 8:30 am until 4:30 pm Monday through Friday, excluding state holidays.

How long does it take to reply to a Public Records Request?

Most simple requests for public records can typically be fulfilled in less than 10 days. Within 10 days from the date the request is received, CARB will determine whether it has records responsive to the request and will notify you of its determination. If the determination will not be made within 10 days due to unusual circumstances as defined in Government Code 6253, CARB will notify you of the reasons for the delay and the date when the determination will be issued. CARB may request additional information if the records request is not specific enough to permit the identification of the requested records. If CARB determines that it has records responsive to the request, the records will be made available as promptly as is reasonably practicable. While CARB will disclose identifiable and existing records (unless they exempt from disclosure), CARB is not required to synthesize, manufacture, or summarize records, i.e., develop new records in response to a request.

What will CARB's Response to a Records Request include?

In responding to records requests, CARB will advise you, by telephone or by mail as appropriate, of (1) the location, approximate date, and time at which the requested public records will be available; (2) if copies of records are requested, the cost of providing such copies; (3) which of the records requested are not subject to disclosure pursuant to applicable law. CARB will determine the form in which any requested computer data will be provided. CARB generally does not provide records in Excel.

When may Public Records be Inspected?

Public records are open to inspection during CARB office hours, 8:30 a.m. until 4:30 p.m., Monday through Friday, excluding state holidays. However, the inspection of public records is subject to a rule of reason as to time and duration and must be consistent with the efficient functioning of CARB offices and follow the procedures set forth in the "California Air Resources Board Public Records Review Policy." CARB requests any person who wishes to inspect public records to telephone the Legal Office (916) 445-8286 in advance and make an appointment to inspect records. CARB’s policy is that records that are not exempt from disclosure will be open for public inspection with the least possible delay and expense to you.

Is there any FEE involved?

A request for a copy of an identifiable public record produced must be accompanied by payment of fees to cover the direct costs of duplication, which will be based on a fee of $.10 per standard reproduced page. Duplication of information transferred to a compact disc is $5 per CD plus $.10 per page. Other external services, such as copying video and audio cassettes, large graphs, or archived board transcripts, will be made at the direct cost to you upon your consent.

What Records are not open for inspection?

In balancing the public's right to access public records with the recognized individual right of privacy and the need for the CARB to be able to competently perform its duties, the Legislature has established certain categories of records which may be exempt from public disclosure.

A complete list of statutory exemptions is found in the California Public Records Act, Government Code Section 6254 and following. Categories of records that CARB is not required to produce records include:

1. Preliminary drafts, notes, or inter-agency or intra-agency memoranda which are not retained by the CARB in the ordinary course of business, provided that the public interest in withholding such records clearly outweighs the public interest in disclosure;
2. Records pertaining to pending litigation to which the CARB is a party, or to claims made pursuant to Division 3.6 (commencing with Section 810) until such litigation or claim has been finally adjudicated or otherwise settled;
3. Personnel, medical, or similar files, the disclosure of which would constitute an unwarranted invasion of personal privacy;
4. Geological and geophysical data, plant production data and similar information relating to utility systems development, or market or crop reports, which are obtained in confidence from any person;
5. Records of complaints to or investigations conducted by the CARB for law enforcement or licensing purposes;
6. Test questions, scoring keys, and other examination data used to administer a licensing examination, examination for employment, or academic examination;
7. Records of which the disclosure is exempt or prohibited pursuant to provisions of federal or state law, including, but not limited to, provisions of the Evidence Code relating to privilege.
8. Correspondence of and to the Governor or employees of the Governor's Office or in the custody of or maintained by the Governor's legal affairs secretary.

CARB also has the discretion to claim an exemption from public disclosure for records which do not qualify for a specific exemption under the California Public Records Act but as to which it determines that the public interest served by not making the record public clearly outweighs the public interest served by disclosure, pursuant to Government Code Section 6255. Except as required by law, CARB does not allow public access to 'trade secrets' as defined in Government Code Section 6254.7(d) and Evidence Code 1060. 'Trade secrets' do not include emissions data since all emissions data and air pollution monitoring data are public records. However, CARB's determination to disclose a record which may otherwise be exempt from disclosure does not constitute a waiver with respect to any other records.

What if I wish to challenge CARB's determination not to disclose Records?

If CARB has declined to provide access to the records that you have requested because the records are deemed confidential for purposes of Title 17, California Code of Regulations Section 91020 et seq., you should follow the process set forth in Title 17, California Code of Regulations Section 91022. (See California Code of Regulations). Additionally, the California Public Records Act, Government Code Section 6258, provides that any person may petition any court of competent jurisdiction to enforce the right to inspect or to receive a copy of any public record.

How do I obtain form 700 – Statement of Economic Interests?

Government Code section 81008(a) provides that the Statements of Economic Interests filed by designated employees are public records. You can inspect these forms during CARB office hours, 8:30 a.m. until 4:30 p.m., Monday through Friday, excluding state holidays, by contacting the Public Records Coordinator at (916) 445-8286. If you desire copies of these forms, Government Code section 81008(a) authorizes a copying fee of ten cents ($0.10) per page and provides that the Filing Officer may charge a retrieval fee not to exceed five dollars ($5) per request for copies of forms that are five or more years old.

If you need a disability-related accommodation, please ask us for assistance or contact the ADA Coordinator at (916) 323-4916. If you need assistance in a language other than English, please contact the Bilingual Coordinator at (916) 322-0473. TTY/TDD/Speech-to-Speech users may dial 7-1-1 for the California Relay Service.

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Sample Request for Records Under the California Public Records Act

[Today’s Date]

California Air Resources Board
Legal Office // Public Records Coordinator
P.O. Box 2815
Sacramento, California 95812

Dear Sir/Madam:

Under the California Public Records Act (Government Code section 6250 and following) and the California Code of Regulations (Title 17, section 91000 and following), I hereby request access to and/or copies of the following documents, which are filed with, retained by, or prepared by the California Air Resources Board (CARB):

[Reasonably describe identifiable records to include facility name, location, project, company, individual, address, city, zip code, and/or the type of records required such as enforcement, staff report, etc.]

Please respond within ten (10) calendar days from the date CARB receives this request as to whether this request specifies identifiable records that are not exempt from disclosure under the California Public Records Act, or are privileged or otherwise confidential, and therefore subject to disclosure. I understand that this time may be extended up to 14 days for unusual circumstances, as provided by California Government Code section 6253, subdivision (c), and that I will be notified of such extension, if any, and the reasons therefore.

I understand that I may obtain copies of the requested documents at a cost of .10 cents per page. I am also aware that if the requested records are too voluminous, CARB will contact me and provide me access to the records to review and photocopy them with my own equipment and at my own expense.

Sincerely,

[Your Name, Address and Phone Number]

If you created an account in the Truck Regulation Upload, Compliance, and Reporting System (TRUCRS) and need to print a certificate of reported compliance, follow the instructions as indicated below. If you experience any difficulty after following all of these instructions, emailtrucrs@arb.ca.gov with your TRUCRS ID number, company information and contact information. Once TRUCRS is open, you may print a certificate for 2018 or 2019. If you are trying to print a certificate based on your compliance status prior to open reporting please skip to page 5.

Certificate Instructions

• If you report compliance with the Truck and Bus Regulation, you can print a certificate. See deadlines and requirements.

• You can only print a certificate if all vehicle and company information reported is correct and complete in TRUCRS. Only fleets that have completed reporting and are in compliance can print a certificate.

• Ensure that all reported information is correct and complete before proceeding with the instructions below.

1. Open the Truck and Bus Reporting Page, and enter your user name and password. Select “Log In” to continue. If you forgot your username or password, select “Forgot Username/Password?” for assistance.
2. Go to your Company/Fleet information by selecting “View or Update". Find your fleet on the list and select “View or Update” to continue.
3. Select the “Compliance Status” tab. Click the “Compliance Status” tab to the far right as shown below to continue.
4. Confirm reporting. Scroll down to the box labeled “2019 Compliance Status”. Click the box labeled “Click to Confirm”, as seen below, to confirm you have entered your fleet information and finished reporting. A small pop-up window will appear with a reporting confirmation. Click “OK” to continue. By clicking “OK” you are confirming under penalty of perjury that the information you reported is complete and accurate. Click “Cancel” to go back and make changes to the fleet. Once you click “OK” the message will change to “Confirmation complete” as displayed below. Click “Close” to continue.
5. Check compliance. Once the page reloads, you will see one of the two colored boxes below.
   • If your fleet does not meet the compliance requirements, a red box stating “Not Eligible for Certificate” will display to the right as shown in the example below.
   • If your fleet meets the compliance requirements, the statement “Fleet is in Compliance” will display on the left side of the “2019 Compliance Status” box. A green box will appear to the right prompting you to click “Print Certificate” as shown below. Click the green box to continue.
6. Select “Print Certificate” to confirm you agree with the statement below and access the certificate for printing.

Note

If your certificate does not print properly, you may have to alter the settings in your browser. To get the best results, use Internet Explorer. Under the File menu go to the “Page Setup” and choose “landscape”. Next, under “Margins and Headers”, blank out all header and footers and set margins to “0”. To print the State Seal, check “Print Background” (colors & images).

Prior Reporting Year Certificate Instructions

TRUCRS allows fleets to print a certificate of compliance if the last recorded fleet status before open reporting was compliant. If you were not compliant, or did not update your fleet’s compliance status during the last year, you will not be able to print a certificate reflecting the last year’s compliance.

1. Open the Truck and Bus Reporting page, and enter your user name and password and login to continue. If you forgot your username or password, select “Forgot Username/Password?” for assistance

2. Review your Company/Fleet information by selecting View or Update. Logging in will take you to the fleet summary list. Select your fleet and choose “View or Update” to continue.

3. Select the “Compliance Status” tab. You will arrive at the “Message Center” tab. Click on the “Compliance Status” tab to the far right.

4. Check “2018 Compliance Status”. If your last recorded reporting status was compliant, you will see a sentence that says, “Click here for a copy of your 2018 certificate.” Click the word “here” for a copy of last year’s certificate. If your last recorded reporting status was non-compliant, you will see the message below. If your fleet did not exist prior to open reporting for 2019, you will not see a “2018 Compliance Status” box.

Replica motorcycles are new vehicles that duplicate the look or technology of vintage motorcycles. They are legal for registration as long as their manufacturer has certified them to meet the requirements of their model year of sale. This means that a motorcycle that resembles a 1955 model, but is sold in 2019 must meet 2019 or newer new motorcycle emission standards. You can determine compliance with emission standards by checking its "Vehicle Emission Control Information" label located on a clearly visible portion of its frame. You can also verify the accuracy of this information by comparing it to certification documentation on ARBs website.

Please note that all new motorcycles must also comply with all applicable US Department of Transportation regulations in order to be legal for registration. In addition, compliance by the manufacturers of these vehicles with California emission standards does not eliminate any design, intellectual property, or trademark rights of the original manufacturer, or prevent them from taking actions to enforce or protect these rights.
 

IMPORTANT POINTS:
All manufactured vehicles, even partially assembled ones must meet emission standards for their model year.
California and USEPA emissions labeling is required on all motorcycles starting in the 2006 model year.
California and USEPA emissions labeling is required on all motorcycles greater than 50cc since 1980.
Safety labeling is required on all on-road motorcycles for California.

California law allows the limited use of used engines from vehicles first sold in Japan when the engine is used strictly as a "replacement part". In order to qualify as a replacement part, an engine from a vehicle first sold in Japan must:

• Be functionally identical to the original vehicle engine
• Be clearly identified as identical to the specific application* it is sold for. Listing must be in a public accessible website or printed catalog published by the importer or distributor
• Allow the installation of any California-specific emission control equipment
• Not included any components or modifications that are not part of the original California Certified vehicle
• Not cause any OBD system failure, cause the Check Engine indicator to light, or prevent the system from operating (OBD readiness check)

* Application is specific vehicle year, make, model, engine size and Engine Family Number or Test Group

Important Notes

Non-USA engines, including engines originally sold in Japan CANNOT be used perform any engine change.

Use of Non-USA engines not meeting the requirements for "Replacement Parts" are subject to laboratory testing requirements for direct import vehicles. This process typically exceeds the value of most vehicles.

Distributors or importers of non-USA specification engines must verify any questions of legality prior to retail sale in California. Distributors are fully responsible for any engines sold that are later determined not to be Identical replacement parts.

California law generally requires all new vehicles to have labeling indicating compliance with required emission standards. Fully electric-drive motorcycles are not subject to California emissions standards and will often not have labeling indicating compliance with California requirements, however most fully electric-driven motorcycles do require Federal emission labeling in order to be registered. Please refer to the following information before purchasing any fully electric motorcycle:

Electric motorcycle registration information

Vehicles sold new by California licensed new motor vehicle dealers will be properly registered and reported to the California Department of Motor Vehicles (DMV) as "fully electric drive motorcycles". No further action to register the vehicle is required.

New electric-drive motorcycles sold online, out-of-state, or by businesses not licensed as new motor vehicle dealers, will require a "verification" inspection by the DMV prior to registration. At this inspection, the DMV Verifyier will ensure that the vehicle meets all requirements to be considered a motorcycle and that it is fully electric powered.No fuel or fuel fired accessories are permitted.

If it is a motorcycle design or specification that requires Federal emissions labeling, the DMV will also verify compliance with this regulation.  If the vehicle is missing required labeling, please contact the vehicle manufacturer for assistance.

In all cases, do not purchase any electric powered motorcycle without first checking its compliance status with the vehicle manufacturer.

More Information

Neighborhood electric vehicles are smaller, lighter, and far less featured four-wheeled vehicles. Since they are powered by 100% battery supplied electricity, they are classified as zero-emissions vehicles. These neighborhood electric vehicles (NEVs) are certified to a special US DOT low-speed vehicle safety standard. This standard allows significantly reduced safety features, crash testing, and equipment. Because of this, these vehicles are only allowed to be used on roads with posted speed limits of 35 MPH or less. Use of these vehicles on any road or freeway with posted speed limits above 35 MPH can result in a citation, regardless of the speed at which traffic may actually be operating.

Please note that due to the restrictions of the safety standards, NEV's cannot be issued any California HOV lane access decals.

The California Smog Check program is administered by the Bureau of Automotive Repairs (BAR).

BAR Consumer Information Center

General questions, complaint information, station and repair facility license verification
(800) 952-5210
BAREditor@dca.ca.gov

All vehicles that comply with California regulations have a Vehicle Emissions Information label on a visible location on the vehicle. In addition to listing all equipment used on the vehicle to comply with California requirements, the label lists the vehicles test group or Engine family Number. This number can be cross referenced on our website by checking the Executive Order for the year make and Test Group.

New vehicles that have not yet been registered will also have a Manufacturers Certificate of Origin that will state the standards that the vehicle complies with and list the manufacturers legal name so that you can cross reference that information with the Executive Order.

Vehicles without these required information labels are not legal for sale in California.

Per 33 CFR 183.3, the length of a vessel is defined as “the straight line horizontal measurement of the overall length from the foremost part of the boat to the aftermost part of the boat, measured from end to end over the deck excluding sheer, and measured parallel to the centerline. Bow sprits, bumpkins, rudders, outboard motor brackets, handles, and other similar fittings, attachments, and extensions are not included in the measurement.”

No. If the original component Executive Order holder notifies CARB that their certified component will be distributed under other brand names, those distributors may use the original certified component EO number and/or the identifying mark on the label with their company name. If the distributor wants a separate Executive Order that is issued only in their name, the distributor would need to certify the component through the CARB certification process.

Yes. A certification checklist, which serves as a guideline for preparing component applications, can be provided. Please contact CARB SIMW component certification staff for additional details.

Yes, pressure relief valves that also provide vacuum relief may be certified if the valve meets all the same standards as pressure relief valves without vacuum relief. Any portion of the test procedure that requires sealed vacuum settings may be amended, if approved, to accommodate these type of valves. Please contact CARB SIMW component certification staff for additional details.

No, per 13 CCR section 2866, metal tanks are exempt from certification and do not need to obtain a Component Executive Order of Certification.

Yes, per TP-1504, Test Procedures for Determining Permeation Emissions from Installed Marine Fuel Tanks, Marine Fuel Hoses and Marine Fuel Caps, the fuel tank may be tested as long as it has a standardized (representative) geometry that it is made of the same material(s) and appropriate wall thickness.

The fuel tank with the minimum volume to internal surface area ratio may be tested to represent the fuel tank family. Test results for the worst case of a fuel tank family may be used to certify all tank sizes in that family.

Yes, all fuel hoses that connect from the watercraft fuel tank to the first attachment point on the marine engine will need to be certified. This rule applies even with outboard marine engines that are installed by someone other than the watercraft manufacturer (dealer, service company, owner, etc.).

According to §2853(a)(16), all fuel hoses from the watercraft fuel tank to the first attachment point on the marine engine must to be certified. Fuel hoses that are installed on the engine itself, such as hoses running from a fuel rail to an individual fuel injector, are not subject to this fuel hose certification requirement.

Yes, a single canister can be used for multiple fuel tanks as long as the canister is designed to control the total volume of fuel stored in those tanks and meet the applicable standard. For example, a canister that is certified for use on tanks up to 50 gallons may also be used on a fuel system that consists of two 24-gallon tanks.

Yes, worst case carbon canisters are defined as the lowest length/diameter (L/D) for the evaporative family. A canister evaporative family is defined as all canisters using the same carbon and same cross section design with the only difference being the length of the carbon bed. The emissions test results can scaled on a carbon volume basis to arrive at tank size ratings for the other carbon canisters in the same canister evaporative family. The canister dimensions and associated maximum fuel tank size for each canister model must be submitted as part of the component certification application package.

Five. The SIMW regulation requires that a component manufacturer must test a minimum of five components according to §2856(a)(3)(D). All five components tested must pass the applicable standard(s) in order to obtain certification.

No, the SIMW regulation requires that all testing must be performed by an independent laboratory according to §2856(a)(3)(D). Independent laboratory is defined per §2853(a)(18). Note that the durability portion of test procedures can be performed in-house, but the test data must be generated by an independent laboratory.

Yes, the same provisions apply to TP-901.

It is the tank with the highest ratio of surface area to tank volume in the fuel tank family.

No, the engine or equipment must simply be operated for 15 minutes prior to hot soak.

The canister should be positioned in a position comparable to where it would normally be found on equipment.

Yes, the engine with complete evaporative emission control system can be tested without the equipment chassis.

Manufacturers may only use a different test fuel if pre-approved by the Executive Officer as part of an alternative test procedure.

Yes, CARB will accept data generated with Indolene Clear as referenced in 40 CFR 1065.710(c).

Any alternative test procedure shall only be used if prior written approval is obtained from the CARB. In order to secure the CARB's approval of alternative test procedures, the applicant is responsible for demonstrating to the CARB's satisfaction that the alternative test procedures are equivalent to the required test procedures. Alternative test procedures may be submitted to the following address:

California Air Resources Board
Monitoring Laboratory Division
P.O. Box 2815
Sacramento, CA 95812
Attn. Division Chief

California Code of Regulations, title 13, section 2766(a) provides an exemption from the requirements of section 2755 for metal tanks, coextruded multilayer tanks, and structurally integrated nylon tanks on SORE equipment with engine displacement less than 80 cc. Section 2755 contains the permeation emissions performance standard for equipment that use engines with displacement less than or equal to 80 cc.

This exemption does not apply to any fuel tank for use on SORE equipment with engine displacement greater than 80 cc. Permeation emissions data or the Executive Order number of a certified fuel tank must be provided in certification applications for equipment using engines with displacement greater than 80 cc meeting the design standards of Cal. Code 11/9/2015 Page 15 of 16 Regs., title 13, section 2754(b) beginnin