BARCLAYS OFFICIAL CALIFORNIA CODE OF

REGULATIONS

TITLE 13. MOTOR VEHICLES

DIVISION 3. AIR RESOURCES BOARD

CHAPTER 1. MOTOR VEHICLE POLLUTION

CONTROL DEVICES

ARTICLE 1. GENERAL PROVISIONS

This database is current through 12/26/08, Register

2008, No. 52

§ 1961. Exhaust Emission Standards and Test Procedures - 2004 and Subsequent Model Passenger Cars,

Light-Duty Trucks, and Medium-Duty Vehicles.

Introduction. This section 1961 contains the California

"LEV II" exhaust emission standards for 2004 and subsequent model passenger cars, light-duty trucks and medium-duty vehicles. A manufacturer must demonstrate

compliance with the exhaust standards in section

1961(a) applicable to specific test groups, and with the

composite phase-in requirements in section 1961(b) applicable to the manufacturer's entire fleet. Section

1961(b) also includes the manufacturer's fleet-wide

composite phase-in requirements for the 2001 - 2003

model years.

Prior to the 2004 model year, a manufacturer that produces vehicles that meet the standards in section

1961(a) has the option of certifying the vehicles to those

standards, in which case the vehicles will be treated as

LEV II vehicles for purposes of the fleet-wide phase-in

requirements. Similarly, 2004 - 2006 model-year

vehicles may be certified to the "LEV I" exhaust emission standards in section 1960.1(g)(1) and (h)(2), in

which case the vehicles will be treated as LEV I

vehicles for purposes of the fleet-wide phase-in requirements.

A manufacturer has the option of certifying engines

used in incomplete and diesel medium-duty vehicles

with a gross vehicle weight rating of greater than 8,500

lbs. to the heavy-duty engine standards and test procedures set forth in title 13, CCR, sections 1956.8(c), (g)

and (h).

(a) Exhaust Emission Standards.

(1) "LEV II" Exhaust Standards.The following standards represent the maximum exhaust emissions for the

intermediate and full useful life from new 2004 and

subsequent model-year "LEV II" LEVs, ULEVs, and

SULEVs, including fuel-flexible, bi-fuel and dual fuel

vehicles when operating on the gaseous or alcohol fuel

they are designed to use:

LEV II Exhaust Mass Emission Standards for New 2004

and Subsequent Model LEVs,

ULEVs, and SULEVs in the Passenger Car, Light-Duty

Truck and Medium-Duty

Vehicle Classes

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Cal. Admin. Code tit. 13, § 1961

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(2) Reactivity Adjustment in Determining Compliance with the NMOG Standard

(A) The NMOG emission results from all TLEVs,

LEVs, ULEVs and SULEVs certifying on a fuel other

than conventional gasoline shall be numerically adjusted to establish an NMOG exhaust mass emission value

equivalent. The manufacturer shall multiply measured

NMOG exhaust emission results by the appropriate reactivity adjustment factor set forth in section

1961(a)(2)(B) or established in accordance with the test

procedures incorporated by reference in section

1961(d). The reactivity adjustment factor represents the

ratio of the NMOG specific reactivity of a low-emission

vehicle designed to operate on a fuel other than conventional gasoline compared to the NMOG baseline specific reactivity of vehicles in the same vehicle emission

category operated on conventional gasoline.

(B) The following reactivity adjustment factors apply:

Light-Duty Vehicles Medium-Duty Vehicles

0-6000 lbs. GVW

6001 lbs. - 14,000 lbs. GVW

TLEV LEV ULEV LEV ULEV

Fuel

Baseline Specific Reactivity (grams ozone / gram NMOG)

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Conventional 3.42 3.13 3.13 3.13 3.13

Gasoline

Reactivity Adjustment Factors

RFG 0.98 0.94 0.94 0.94 0.94

(through the

2003 model

year)

M85 0.41 0.41 0.41 0.41 0.41

Natural Gas 1.0 0.43 0.43 0.43 0.43

LPG 1.0 0.50 0.50 0.50 0.50

Methane Reactivity Adjustment Factors

Natural Gas 0.0043 0.0047 0.0047 0.0047 0.0047

(3) NMOG Standards for Bi-Fuel, Fuel-Flexible and

Dual-Fuel Vehicles Operating on Gasoline.For fuelflexible, bi-fuel, and dual-fuel PCs, LDTs and MDVs,

compliance with the NMOG exhaust mass emission

standards shall be based on exhaust emission tests both

when the vehicle is operated on the gaseous or alcohol

fuel it is designed to use, and when the vehicle is operated on gasoline. A manufacturer must demonstrate

compliance with the applicable exhaust mass emission

standards for NMOG, CO, NOx and formaldehyde set

forth in the table in section 1961(a)(1) when certifying

the vehicle for operation on the gaseous or alcohol fuel.

The following standards represent the maximum

NMOG emissions when the vehicle is operating on gasoline. A manufacturer shall not apply a reactivity adjustment factor to the exhaust NMOG mass emission

result when operating on gasoline. A manufacturer may

measure NMHC in lieu of NMOG when fuel-flexible,

bi-fuel and dual-fuel vehicles are operated on gasoline,

in accordance with the test procedures incorporated by

reference in section 1961(d). Testing at 500F is not required for fuel-flexible, bi-fuel and dual-fuel vehicles

when operating on gasoline. The applicable CO, NOx

and formaldehyde standards are set forth in section

1961(a)(1).

LEV II NMOG Standards for Bi-Fuel, Fuel-Flexible and

Dual-Fuel Vehicles

Operating on Gasoline (g/mi)

Vehicle Durability Vehicle Basis

Emission

Vehicle Type Category 50,000 mi 120,000 mi

All PCs; LDTs, LEV 0.125 0.156

0-8500 lbs. GVW ULEV 0.075 0.090

SULEV 0.010 0.040

MDVs, 8501-10,000 LEV n/a 0.230

lbs. GVW ULEV n/a 0.167

SULEV n/a 0.117

MDVs, 10,001- LEV n/a 0.280

14,000 lbs. GVW ULEV n/a 0.195

SULEV n/a 0.143

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(4) 50o

F Exhaust Emission Standards. All light- and

medium-duty LEVs, ULEVs and SULEVs must demonstrate compliance with the following exhaust emission

standards for NMOG and formaldehyde (HCHO) measured on the FTP (40 CFR, Part 86, Subpart B) conducted at a nominal test temperature of 50o

F, as modified

by Part II, Section C of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and

Medium-Duty Vehicles" incorporated by reference in

section 1961(d). The NMOG mass emission result shall

be multiplied by the applicable reactivity adjustment

factor, if any, prior to comparing to the applicable adjusted 50,000 mile certification standards set forth below. A manufacturer may demonstrate compliance with

the NMOG and HCHO certification standards contained

in this subparagraph by measuring NMHC exhaust

emissions or issuing a statement of compliance for

HCHO in accordance with Section D.1, subparagraph

(p) and Section G.3.1.2, respectively, of the "California

Exhaust Emission Standards and Test Procedures for

2001 and Subsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles" incorporated

by reference in section 1961(d). Emissions of CO and

NOx measured at 50oF shall not exceed the standards

set forth in §1961(a)(1) applicable to vehicles of the

same emission category and vehicle type subject to a

cold soak and emission test at 68oto 86oF. Natural gas

and diesel-fueled vehicles are exempt from the 50oF

test requirements.

Vehicle Weight Class Vehicle Emission Category (g/mi)

LEV ULEV SULEV

NMOG HCHO NMOG HCHO NMOG HCHO

PCs; LDTs 0-8500 lbs. 0.150 0.030 0.080 0.016 0.020 0.008

GVW

MDVs 8501-10,000 lbs. 0.390 0.064 0.286 0.032 0.200 0.016

GVW

MDVs 10,001-14,000 0.460 0.080 0.334 0.042 0.234 0.020

lbs. GVW

(5) Cold CO Standard. The following standards represent the 50,000 mile cold temperature exhaust carbon

monoxide emission levels from new 2001 and subsequent model-year passenger cars, light-duty trucks,

and medium-duty vehicles:

2001 AND SUBSEQUENT MODEL-YEAR COLD

TEMPERATURE CARBON MONOXIDE EXHAUST

EMISSIONS STANDARDS FOR PASSENGER CARS,

LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY

VEHICLES (grams per mile)

Vehicle Type Carbon Monoxide

All PCs, LDTs 0-3750 lbs. LVW 10.0

LDTs, 3751 lbs. LVW - 8500 lbs. GVW; 12.5

LEV I and Tier 1 MDVs 8500 lbs. GVW and less

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These standards are applicable to vehicles tested at a

nominal temperature of 20oF (-7oC) in accordance with

40 CFR Part 86 Subpart C, as amended by the "California Exhaust Emission Standards and Test Procedures for

2001 and Subsequent Model Passenger Cars, LightDuty Trucks and Medium-Duty Vehicles" incorporated

by reference in section 1961(d). Natural gas, dieselfueled and zero-emission vehicles are exempt from

these standards.

(6) Highway NOx Standard.The maximum emissions

of oxides of nitrogen measured on the federal Highway

Fuel Economy Test (HWFET; 40 CFR 600 Subpart B,

which is incorporated herein by reference) shall not be

greater than 1.33 times the applicable PC and LDT

standards or 2.0 times the applicable MDV standards set

forth in section 1961(a)(1). Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi (or

0.01 g/mi for vehicles certified to the 0.05 or 0.02 g/mi

NOx standards) before being compared.

(7) Supplemental Federal Test Procedure (SFTP) OffCycle Emission Standards.The SFTP exhaust emission

levels from new 2004 and subsequent model LEVs,

ULEVs, and SULEVs shall not exceed the standards set

forth in section 1960.1(r).

(8) Requirements for Vehicles Certified to the Optional 150,000 Mile Standards.

(A) Requirement to Generate Additional Fleet Average NMOG Credit.A vehicle that is certified to the

150,000 mile standards in section 1961(a) shall generate

additional NMOG fleet average credit as set forth in

1961(b)(1) or additional vehicle equivalent credits as set

forth in 1961(b)(2) provided that the manufacturer extends the warranty on high cost parts to 8 years or

100,000 miles, whichever occurs first, and agrees to extend the limit on high mileage in-use testing to 112,500

miles.

(B) Requirement to Generate a Partial ZEV Allowance. A vehicle that is certified to the 150,000 mile

SULEV standards shall also generate a partial ZEV allocation according to the criteria set forth in section C.3

of the "California Exhaust Emission Standards and Test

Procedures for 2005 and Subsequent Model ZeroEmission Vehicles, and 2001 and Subsequent Model

Hybrid Electric Vehicles, in the Passenger Car, LightDuty Truck and Medium-Duty Vehicle Classes," incorporated by reference in section 1962.

(9) Optional LEV II NOx Standard.A manufacturer

may certify up to 4% of its light-duty truck fleet from

3751 lbs. LVW - 8500 lbs. GVW with a maximum base

payload of 2500 lbs. or more to the LEV, option 1,

standard set forth in 1961(a)(1) based on projected sales

of trucks in the LDT2 category. Passenger cars and

light-duty trucks 0-3750 lbs. LVW are not eligible for

this option.

(10) Intermediate In-Use Compliance Standards.For

test groups certified prior to the 2007 model year, the

following intermediate in-use compliance standards

shall apply for the first two model years the test group

is certified to the new standard. For SULEVs certified

prior to the 2004 model year, the following intermediate

in-use compliance SULEV standards shall apply

through the 2006 model year.

Emission Category Durability LEV II PCs LEV II MDVs

Vehicle Basis and LDTs 8500 - 10,000 lbs.

GVW

NMOG NOx NOx

LEV/ULEV 50,000 n/a 0.07 n/a

120,000 n/a 0.10 0.3

150,000 n/a 0.10 0.3

LEV, Option 1 50,000 n/a 0.10 n/a

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120,000 n/a 0.14 n/a

150,000 n/a 0.14 n/a

SULEV 120,000 0.020 0.03 0.15

150,000 0.020 0.03 0.15

(11) NMOG Credit for Vehicles with ZeroEvaporative Emissions.In determining compliance of a

vehicle with the applicable exhaust NMOG standard, a

gram per mile NMOG factor, to be determined by the

Executive Officer based on available data, shall be subtracted from the reactivity-adjusted NMOG exhaust

emission results for any vehicle that has been certified

to the "zero" evaporative emission standard set forth in

title 13, CCR, section 1976(b)(1)(E). This credit shall

not apply to a SULEV that generates a partial ZEV allowance.

(12) NMOG Credit for Direct Ozone Reduction

Technology.A manufacturer that certifies vehicles

equipped with direct ozone reduction technologies shall

be eligible to receive NMOG credits that can be applied

to the NMOG exhaust emissions of the vehicle when

determining compliance with the standard. In order to

receive credit, the manufacturer must submit the following information for each vehicle model, including, but

not limited to:

(A) a demonstration of the airflow rate through the

direct ozone reduction device and the ozone-reducing

efficiency of the device over the range of speeds encountered in the Unified Cycle Driving Schedule.

(B) an evaluation of the durability of the device for

the full useful life of the vehicle; and

(C) a description of the on-board diagnostic strategy

for monitoring the performance of the device in-use.

Using the above information, the Executive Officer

shall determine the value of the NMOG credit based on

the calculated change in the one-hour peak ozone level

using an approved airshed model.

(13) NOx Credits for Pre-2004 MDVs Certified to the

LEV I LEV or ULEV Standards.Prior to the 2004 model

year, a manufacturer may earn a 0.02 g/mi per vehicle

NOx credit for MDVs between 6,000-8500 lbs. GVW

certified to the LEV I LEV or ULEV standards for PCs

and LDTs set forth in section 1960.1(g)(1). The manufacturer may apply the credit on a per vehicle basis to

the NOx emissions of LDTs between 6,000-8500 lbs.

GVW certified to the PC/LDT LEV or ULEV standards

in section 1961(a)(1) for the 2004 through 2008 model

years.

(14) When a Federally-Certified Vehicle Model is

Required in California.

(A) General Requirement.Whenever a manufacturer

federally-certifies a 2004 or subsequent model-year passenger car, light-duty truck or medium-duty vehicle

model to the standards for a particular emissions bin

that are more stringent than the standards for an applicable California emission category, the equivalent California model may only be certified to (i) the California

standards for a vehicle emissions category that are at

least as stringent as the standards for the corresponding

federal emissions bin, or (ii) the exhaust emission standards to which the federal model is certified. However,

where the federal exhaust emission standards for the

particular emissions bin and the California standards for

a vehicle emissions category are equally stringent, the

California model may only be certified to either the

California standards for that vehicle emissions category

or more stringent California standards. The federal

emission bins are those contained in Tables S04-1 and

S04-2 of 40 CFR § 86.1811-04(c) as adopted February

10, 2000. The criteria for applying this requirement are

set forth in Part I. Section H.1 of the "California Exhaust Emission Standards and Test Procedures for 2001

and Subsequent Model Passenger Cars, Light-Duty

Trucks and Medium-Duty Vehicles," as incorporated by

reference in section 1961(d).

(B) Exception for clean fuel fleet vehicles.Section

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1961(a)(14)(A) does not apply in the case of a federally-certified vehicle model that is only marketed to

fleet operators for applications that are subject to clean

fuel fleet requirements established pursuant to section

246 of the federal Clean Air Act (42 U.S.C. sec. 7586).

In addition, the Executive Officer shall exclude from

the requirement a federally-certified vehicle model

where the manufacturer demonstrates to the Executive

Officer's reasonable satisfaction that the model will

primarily be sold or leased to clean fuel fleet operators

for such applications, and that other sales or leases of

the model will be incidental to marketing to those clean

fuel fleet operators.

(C) Opt-in for 2003 or prior model year vehicles.A

manufacturer may certify a passenger car, light-duty

truck or medium-duty vehicle to federal exhaust emission standards pursuant to section 1961(a)(14)(A) prior

to the 2004 model year.

(15) Emission Standard for a Fuel-Fired Heater.

Whenever a manufacturer elects to utilize an on-board

fuel-fired heater on any passenger car, light-duty truck

or medium-duty vehicle, the fuel-fired heater must meet

LEV II ULEV standards for passenger cars and lightduty trucks less than 8,500 pounds GVW as set forth in

section 1961(a)(1). On-board fuel-fired heaters may not

be operable at ambient temperatures above 40oF.

(b) Emission Standards Phase-In Requirements for

Manufacturers.

(1) Fleet Average NMOG Requirements for Passenger Cars and Light-Duty Trucks.

(A) The fleet average non-methane organic gas exhaust mass emission values from the passenger cars and

light-duty trucks certified to the Tier 1, LEV I and LEV

II standards that are produced and delivered for sale in

California each model year by a manufacturer other

than a small volume manufacturer or an independent

low volume manufacturer shall not exceed:

FLEET AVERAGE NON-METHANE ORGANIC GAS

EXHAUST MASS EMISSION REQUIREMENTS FOR

LIGHT-DUTY VEHICLE WEIGHT CLASSES (50,000

mile Durability Vehicle Basis)

Model Year Fleet Average NMOG (grams per mile)

All PCs; LDTs

LDTs 0-3750 lbs. 3751 lbs. LVW - 8500 lbs.

LVW GVW

2001 0.070 0.098

2002 0.068 0.095

2003 0.062 0.093

2004 0.053 0.085

2005 0.049 0.076

2006 0.046 0.062

2007 0.043 0.055

2008 0.040 0.050

2009 0.038 0.047

2010+ 0.035 0.043

(B) Calculation of Fleet Average NMOG Value.

1.Basic Calculation.

a. Each manufacturer's PC and LDT1 fleet average

NMOG value for the total number of PCs and LDT1s

produced and delivered for sale in California shall be

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calculated as follows:

(<<sigma>> [Number of vehicles in a test group x

applicable emission standard] +

<<sigma>> [Number of hybrid electric vehicles in a

test group x HEV NMOG factor]) /

Total Number of Vehicles Produced, Including

ZEVs and HEVs

b. Each manufacturer's LDT2 fleet average NMOG

value for the total number of LDT2s produced and delivered for sale in California shall be calculated as follows:

<<sigma>> [Number of vehicles in a test group x applicable emission standard] +

<<sigma>> [Number of hybrid electric vehicles in a

test group x HEV NMOG factor]) /

Total Number of Vehicles Produced, Including

ZEVs and HEVs

c. The applicable emission standards to be used in

the above equations are as follows:

Model Year Emission Emission Standard Value

Category

All PCs; LDTs

LDTs 0-3750 3751-5750 lbs.

lbs. LVW LVW

2001 and subsequent (§1960.5 "AB All Federal Federal

965" Emission Emission

Standard

vehicles only) to which Standard to

Vehicle is which

Certified Vehicle is

Certified

2001 - 2003 (§1960.1(f)(2)) Tier 1 0.25 0.32

2001 - 2006 model year vehicles TLEVs 0.125 0.160

certified to the "LEV I" standards LEVs 0.075 0.100

in

§1960.1(g)(1) (For TLEVs, 2001 - ULEVs 0.040 0.050

2003

model years only)

Model Year Emission All PCs; LDTs

Category

LDTs 0-3750 3751 lbs.

lbs. LVW LVW-8500

lbs. GVW

2004 and subsequent model year LEVs 0.075 0.075

vehicles

certified to the "LEV II" ULEVs 0.040 0.040

standards in §1961(a)(1) SULEVs 0.01 0.01

2004 and subsequent model year LEVs 0.06 0.06

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vehicles

certified to the optional 150,000 ULEVs 0.03 0.03

mile "LEV II"

standards for PCs and LDTs in SULEVs 0.0085 0.0085

1961(a)(1)

2.HEV NMOG Factor.The HEV NMOG factor for

light-duty vehicles is calculated as follows:

LEV HEV Contribution Factor = 0.075 -

[(Zero-emission VMT Factor) x 0.035]

ULEV HEV Contribution Factor = 0.040 -

[(Zero-emission VMT Factor) x 0.030]

where Zero-emission VMT Factor for HEVs is determined in accordance with section 1962.

3. Federally-Certified Vehicles. A vehicle certified

to the federal standards for a federal exhaust emissions

bin in accordance with Section H.1 of the "California

Exhaust Emission Standards and Test Procedures for

2001 and Subsequent Model Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles," as incorporated by reference in section 1961(d), shall use the corresponding intermediate useful life NMOG standard to

which the vehicle is deemed certified in the fleet average calculation.

(C) Requirements for Small Volume Manufacturers.

1. In 2001 through 2006 model years, a small

volume manufacturer shall not exceed a fleet average

NMOG value of 0.075 g/mi for PCs and LDTs from

0-3750 lbs. LVW or 0.100 g/mi for LDTs from

3751-5750 lbs. LVW calculated in accordance with section 1961(b)(1)(B). In 2007 and subsequent model

years, a small volume manufacturer shall not exceed a

fleet average NMOG value of 0.075 for PCs and LDTs

from 0-3750 lbs. LVW or 0.075 for LDTs from 3751

lbs. LVW - 8500 lbs. GVW calculated in accordance

with section 1961(b)(1)(B).

2. If a manufacturer's average California sales exceed 4500 units of new PCs, LDTs, MDVs and heavy

duty engines based on the average number of vehicles

sold for the three previous consecutive model years, the

manufacturer shall no longer be treated as a small

volume manufacturer and shall comply with the fleet

average requirements applicable to larger manufacturers

as specified in section 1961(b)(1) beginning with the

fourth model year after the last of the three consecutive

model years.

3. If a manufacturer's average California sales fall

below 4500 units of new PCs, LDTs, MDVs and heavy

duty engines based on the average number of vehicles

sold for the three previous consecutive model years, the

manufacturer shall be treated as a small volume manufacturer and shall be subject to the requirements for

small volume manufacturers beginning with the next

model year.

(D) Phase-in Requirements for Independent Low

Volume Manufacturers.In 2001 through 2006 model

years, an independent low volume manufacturer shall

not exceed a fleet average NMOG value of 0.075 g/mi

for PCs and LDTs from 0-3750 lbs. LVW or 0.100 g/mi

for LDTs from 3751-5750 lbs. LVW calculated in accordance with section 1961(b)(1)(B). In 2007 and subsequent model years, an independent low volume manufacturer shall not exceed a fleet average NMOG value

of 0.060 for PCs and LDTs from 0-3750 lbs. LVW or

0.065 g/mi for LDTs from 3751 lbs. LVW - 8500 lbs.

GVW calculated in accordance with section

1961(b)(1)(B).

(E) Treatment of ZEVs.ZEVs classified as LDTs

(>3750 lbs. LVW) that have been counted toward the

ZEV requirement for PCs and LDTs (0-3750 lbs. LVW)

as specified in section 1962 shall be included as LDT1s

in the calculation of a fleet average NMOG value.

(2) LEV II Phase-In Requirement for PCs and LDTs.

Beginning in the 2004 model year, a manufacturer, ex13 CA ADC § 1961 Page 9

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cept a small volume manufacturer or an independent

low volume manufacturer, shall certify a percentage of

its PC and LDT fleet to the LEV II standards in section

1961(a) according to the following phase in schedule:

Model Year PC/LDT1 (%) LDT2 (%)

2004 25 25

2005 50 50

2006 75 75

2007 100 100

In determining compliance with the phase-in schedule, the fleet shall consist of LEV I and LEV II PCs and

LDT1s for the PC/LDT1 calculation, and LEV I and

LEV II LDT2s for the LDT2 calculation. LEV I MDVs

are not counted in the calculation until they are certified

as LEV II LDT2s.

A manufacturer may use an alternative phase-in schedule to comply with these phase-in requirements as long

as equivalent NOx emission reductions are achieved by

the 2007 model year from each of the two categories -

PC/LDT1 and LDT2. Model year emission reductions

shall be calculated by multiplying the percent of either

PC/LDT1 or LDT2 vehicles meeting the LEV II standards in a given model year (based on a manufacturer's

projected sales volume of vehicles in each category) by

4 for the 2004 model year, 3 for the 2005 model year, 2

for the 2006 model year and 1 for the 2007 model year.

The yearly results for PCs/LDT1s shall be summed together to determine a separate cumulative total for PCs/

LDT1s and the yearly results for LDT2s shall be

summed together to determine a cumulative total for

LDT2s. The cumulative total for each category must be

equal to or exceed 500 to be considered equivalent. A

manufacturer may add vehicles introduced before the

2004 model year (e.g., the percent of vehicles introduced in 2003 would be multiplied by 5) to the cumulative total.

(3) Medium-Duty Vehicle Phase-In Requirements.

(A) A manufacturer of MDVs, other than a small

volume manufacturer, shall certify an equivalent percentage of its MDV fleet according to the following

phase-in schedule:

Vehicles Certified to §1960.1(h)(1), Vehicles Certified to

Model Year (h)(2), and §1961(a)(1) (%) §1956.8(g) or (h) (%)

LEV ULEV Tier 1 LEV ULEV

2001 80 20 100 0 0

2002 70 30 0 100 0

2003 60 40 0 100 0

2004 + 40 60 0 0 100

(B) Phase-In Requirements for LEV II MDVs. For

the 2004 through 2006 model years, a manufacturer,

other than a small volume manufacturer must phase-in

at least one test group per model year to the MDV LEV

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II standards. All 2007 and subsequent model year

MDVs, including those produced by a small volume

manufacturer, are subject to the LEV II MDV standards.

Beginning in the 2005 model year, all medium-duty engines certified to the optional medium-duty engine

standards in title 13, CCR §1956.8(c) or (h), including

those produced by a small volume manufacturer, must

meet the standards set forth in title 13, CCR §1956.8(c)

or (h), as applicable. A manufacturer that elects to certify to the Option 1 or Option 2 federal standards as set

forth in 40 CFR §86.005-10(f) is not subject to these

phase-in requirements.

(C) Identifying a Manufacturer's MDV Fleet. For the

2001 and subsequent model years, each manufacturer's

MDV fleet shall be defined as the total number of California-certified MDVs produced and delivered for sale

in California. The percentages shall be applied to the

manufacturers' total production of California-certified

medium-duty vehicles delivered for sale in California.

For the 2005 and subsequent model years, a manufacturer that elects to the optional medium-duty engine

standards in title 13, CCR, §1956.8(c) or (h) shall not

count those engines in the manufacturer's total production of California-certified medium-duty vehicles for

purposes of this subsection.

(D) Requirements for Small Volume Manufacturers.

In 2001 through 2003 model years, a small volume

manufacturer shall certify, produce, and deliver for sale

in California vehicles or engines certified to the MDV

Tier 1 standards in a quantity equivalent to 100% of its

MDV fleet. In 2004 through 2006 model years, a small

volume manufacturer shall certify, produce, and deliver

for sale in California vehicles or engines certified to the

MDV LEV I standard in a quantity equivalent to 100%

of its MDV fleet. Engines certified to these MDV LEV I

standards are not be eligible for emissions averaging.

(E) For a manufacturer that elects to certify to the optional medium-duty engine standards in title 13, CCR

§1956.8(c) or (h), all such 2005 and subsequent model

year MDVs, including those produced by a small

volume manufacturer, shall be subject to the emissions

averaging provisions applicable to heavy-duty diesel or

Otto-cycle engines as set forth in the "California Exhaust Emission Standards and Test Procedures for 2004

and Subsequent Model Heavy-Duty Otto-Cycle Engines," or the "California Exhaust Emissions Standards

and Test Procedures for 2004 and Subsequent Model

Heavy-Duty Diesel Engines, incorporated by reference

in §1956.8(b) or (d), as applicable.

(c) Calculation of NMOG Credits/Debits

(1) Calculation of NMOG Credits for Passenger Cars

and Light-Duty Trucks. In 2001 and subsequent model

years, a manufacturer that achieves fleet average

NMOG values lower than the fleet average NMOG requirement for the corresponding model year shall receive credits in units of g/mi NMOG determined as:

[(Fleet Average NMOG Requirement) - (Manufacturer's

Fleet Average NMOG Value)] x (Total No. of Vehicles

Produced and Delivered for Sale in California, Including ZEVs and HEVs).

A manufacturer with 2001 and subsequent model year

fleet average NMOG values greater than the fleet average requirement for the corresponding model year shall

receive debits in units of g/mi NMOG equal to the

amount of negative credits determined by the aforementioned equation. For the 2001 and subsequent model

years, the total g/mi NMOG credits or debits earned for

PCs and LDTs 0- 3750 lbs. LVW, for LDTs 3751-5750

lbs. LVW and for LDTs 3751 lbs. LVW - 8500 lbs.

GVW shall be summed together. The resulting amount

shall constitute the g/mi NMOG credits or debits accrued by the manufacturer for the model year.

(2) Calculation of Vehicle Equivalent NMOG Credits

for Medium-Duty Vehicles.

(A) In 2001 and subsequent model years, a manufacturer that produces and delivers for sale in California

MDVs in excess of the equivalent requirements for

LEVs, ULEVs and/or SULEVs certified to the exhaust

emission standards set forth in section 1961(a)(1) or to

the exhaust emission standards set forth in Title 13,

CCR, Section 1956.8(h) shall receive "Vehicle-Equivalent Credits" (or "VECs") calculated in accordance

with the following equation, where the term "produced"

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means produced and delivered for sale in California:

([(No. of LEVs Produced excluding HEVs) +

(No. of LEV HEVs x HEV VEC factor for LEVs)] +

(1.20 x No. of LEVs certified to the 150,000 mile standards)) -

(Equivalent No. of LEVs Required to be Produced)) +

([(1.4) x (No. of ULEVs Produced excluding HEVs) +

(No. of ULEV HEVs x HEV VEC factor for ULEVs)] +

(1.50 x No. of ULEVs certified to the 150,000 mile

standards)) - [(1.4) x (Equivalent No. of ULEVs Required to be Produced)]) +

([(1.7) x (No. of SULEVs Produced excluding HEVs) +

(No. of SULEV HEVs x HEV VEC factor for

SULEVs)] +

(1.75 x No. of SULEVs certified to the 150,000 mile

standards)) - [(1.7) x [(Equivalent No. of SULEVs Required to be Produced)]) +

[(2.0) x (No. of ZEVs Certified and Produced as

MDVs)].

MDVs certified prior to the 2004 model year to the

LEV I LEV or ULEV standards for PCs and LDTs

0-3750 lbs. LVW set forth in section E.1 of these test

procedures shall receive VECs calculated in accordance

with the following equation, where the term "produced"

means produced and delivered for sale in California:

[(1.6) x (No. of MDVs meeting the LEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW excluding

HEVs) + (No. of HEVs meeting the LEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW x HEV VEC

factor for MDVs meeting the LEV I LEV standards for

PCs and LDTs 0-3750 lbs. LVW)]+ [(1.65 x No. of

MDVs certified to the 150,000 mile LEV I LEV standards for PCs and LDTs 0-3750 lbs. )] + [(1.8) x (No. of

MDVs meeting the LEV I ULEV standards for PCs and

LDTs 0-3750 lbs. LVW excluding HEVs) + (No. of

HEVs meeting the LEV I ULEV standards for PCs and

LDTs 0-3750 lbs. LVW x HEV VEC factor for MDVs

meeting the LEV I ULEV standards for PCs and LDTs

0-3750 lbs. LVW)]+ [(1.85 x No. of MDVs certified to

the 150,000 mile LEV I ULEV standards for PCs and

LDTs 0-3750 lbs.)].

(B)MDV HEV VEC factor. The MDV HEV VEC factor

is calculated as follows:

1 + [(LEV standard - ULEV standard) x (Zero-emission

VMT Factor) BLEV standard] for LEVs;

1 + [(ULEV standard - SULEV standard) x

(Zero-emission VMT Factor) BULEV standard] for

ULEVs;

1 + [(SULEV standard - ZEV standard) x

(Zero-emission VMT Factor) BSULEV standard] for

SULEVs;

where "Zero-emission VMT Factor" for an HEV is determined in accordance with section 1962.

The HEV VEC factor for MDVs prior to model year

2004 meeting the LEV I LEV and ULEV standards for

PCs and LDTs 0-3750 lbs. LVW is calculated as follows:

1 + [(MDV SULEV standard - PC LEV I LEV standard)

x (Zero-emission VMT Factor) BPC LEV I LEV standard] for MDVs meeting the LEV I LEV standards for

PCs and LDTs 0-3750 lbs. LVW;

1 + [(MDV SULEV standard - PC ULEV standard) x

(Zero-emission VMT Factor) BPC LEV I ULEV standard] for MDVs meeting the ULEV I LEV standards for

PCs and LDTs 0-3750 lbs. LVW.

(C) A manufacturer that fails to produce and deliver for

sale in California the equivalent quantity of MDVs certified to LEV, ULEV and/or SULEV exhaust emission

standards, shall receive "Vehicle-Equivalent Debits" (or

"VEDs") equal to the amount of negative VECs determined by the equation in section 1961(c)(2)(A).

(D) Only ZEVs certified as MDVs and not used to meet

the ZEV requirement shall be included in the calcula13 CA ADC § 1961 Page 12

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tion of VECs.

(3) Procedure for Offsetting Debits.

(A) A manufacturer shall equalize emission debits by

earning g/mi NMOG emission credits or VECs in an

amount equal to the g/mi NMOG debits or VEDs, or by

submitting a commensurate amount of g/mi NMOG

credits or VECs to the Executive Officer that were

earned previously or acquired from another manufacturer. For 2001 through 2003 and for 2007 and subsequent model years, manufacturers shall equalize emission debits by the end of the following model year. For

2004 through 2006 model years, a manufacturer shall

equalize NMOG debits for PCs and LDTs and LEV II

MDVs within three model years and prior to the end of

the 2007 model year. If emission debits are not equalized within the specified time period, the manufacturer

shall be subject to the Health and Safety Code section

43211 civil penalty applicable to a manufacturer which

sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The

cause of action shall be deemed to accrue when the

emission debits are not equalized by the end of the specified time period. For the purposes of Health and

Safety Code section 43211, the number of passenger

cars and light-duty trucks not meeting the state board's

emission standards shall be determined by dividing the

total amount of g/mi NMOG emission debits for the

model year by the g/mi NMOG fleet average requirement for PCs and LDTs 0-3750 lbs. LVW applicable for

the model year in which the debits were first incurred

and the number of medium-duty vehicles not meeting

the state board's emission standards shall be equal to the

amount of VEDs incurred.

(B) The emission credits earned in any given model

year shall retain full value through the subsequent model year. The value of any credits not used to equalize the

previous model-year's debit shall be discounted by 50%

at the beginning of second model year after being

earned, shall be discounted to 25% of its original value

if not used by the beginning of the third model year

after being earned, and will have no value if not used by

the beginning of the fourth model year after being

earned.

(d) Test Procedures. The certification requirements

and test procedures for determining compliance with the

emission standards in this section are set forth in the

"California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger

Cars, Light-Duty Trucks, and Medium-Duty Vehicles,"

as amended May 2, 2008 and the "California NonMethane Organic Gas Test Procedures," as amended July 30, 2002, which are incorporated herein by reference.

In the case of hybrid electric vehicles and on-board

fuel-fired heaters, the certification requirements and test

procedures for determining compliance with the emission standards in this section are set forth in the "California Exhaust Emission Standards and Test Procedures for

2005 and Subsequent Model Zero-Emission Vehicles,

and 2001 and Subsequent Model Hybrid Electric

Vehicles, in the Passenger Car, Light-Duty Truck and

Medium-Duty Vehicle Classes," incorporated by reference in section 1962.

(e) Abbreviations.The following abbreviations are

used in this section 1961:

"ALVW" means adjusted loaded vehicle weight.

"ASTM" means American Society of Testing and

Materials.

"CO" means carbon monoxide.

"FTP" means Federal Test Procedure.

"g/mi" means grams per mile.

"GVW" means gross vehicle weight.

"GVWR" means gross vehicle weight rating.

"HEV" means hybrid-electric vehicle.

"LDT" means light-duty truck.

"LDT1" means a light-duty truck with a loaded

vehicle weight of 0-3750 pounds.

"LDT2" means a "LEV II" light-duty truck with a

loaded vehicle weight of 3751 pounds to a gross vehicle

weight of 8500 pounds or a "LEV I" light-duty truck

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with a loaded vehicle weight of 3751-5750 pounds.

"LEV" means low-emission vehicle.

"LPG" means liquefied petroleum gas.

"LVW" means loaded vehicle weight.

"MDV" means medium-duty vehicle.

"mg/mi" means milligrams per mile.

"NMHC" means non-methane hydrocarbons.

"Non-Methane Organic Gases" or "NMOG" means

the total mass of oxygenated and non-oxygenated hydrocarbon emissions.

"NOx" means oxides of nitrogen.

"PC" means passenger car.

"SULEV" means super-ultra-low-emission vehicle.

"TLEV" means transitional low-emission vehicle.

"ULEV" means ultra-low-emission vehicle.

"VEC" means vehicle-equivalent credits.

"VED" means vehicle-equivalent debits.

"VMT" means vehicle miles traveled.

"ZEV" means zero-emission vehicle.

<General Materials (GM) - References, Annotations, or

Tables>

Note: Authority cited: Sections 39500, 39600, 39601,

43013, 43018, 43101, 43104, 43105 and 43106, Health

and Safety Code. Reference: Sections 39002, 39003,

39667, 43000, 43009.5, 43013, 43018, 43100, 43101,

43101.5, 43102, 43104, 43105, 43106, 43204 and

43205, Health and Safety Code.

HISTORY

1. New section filed 10-28-99; operative 11-27-99 (Register 99, No. 44).

2. Amendmentfiled 4-30-2001; operative 5-30-2001 (Register 2001, No. 18).

3. Amendment of subsections (a)(8)(B) and (d) filed 5-24-2002; operative 6-23-

2002 (Register 2002, No. 21).

4. Amendment filed 9-16-2002; operative 10-16-2002 (Register 2002, No. 38).

5. Amendment of third paragraph, subsections (a)(4), (a)(8)(A) and (a)(12)(A),

new subsection (a)(15), amendment of subsections (b)(3)(B)-(D), new subsection

(b)(3)(E) and amendment of subsections (d) and (e) filed 11-4-2003; operative

12-4-2003 (Register 2003, No. 45).

6. Amendment of subsections (a)(8)(B) and (d) filed 2-25-2004; operative 3-26-

2004 (Register 2004, No. 9).

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7. Amendment of subsection (d) filed 7-15-2004; operative 8-14-2004 (Register

2004, No. 29).

8. Amendment of subsection (d) and Notefiled 9-15-2005; operative 1-1-2006

(Register 2005, No. 37).

9. Change without regulatory effect amending incorporated document California

Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model

Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles filed 9-15-2005

pursuant to section 100, title 1, California Code of Regulations (Register

2005, No. 37).

10. Amendment of incorporated document California Exhaust Emission Standards

and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty

Trucks, and Medium-Duty Vehicles and amendment of subsection (d) filed 1-18-

2007; operative 2-17-2007 (Register 2007, No. 3).

11. Amendment of subsection (d) and amendment of Note filed 12-5-2007;

operative 1-4-2008 (Register 2007, No. 49).

12. Amendment of incorporated document California Exhaust Emission Standards

and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty

Trucks, and Medium-Duty Vehicles and amendment of subsection (d) filed 6-16-

2008; operative 6-16-2008 pursuant to Government Code section 11343.4

(Register 2008, No. 25).

13 CCR § 1961, 13 CA ADC § 1961

13 CA ADC § 1961

END OF DOCUMENT

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