1

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 FINAL REGULATION ORDER

“LEV III” AMENDMENTS TO THE CALIFORNIA GREENHOUSE G AS AND

CRITERIA POLLUTANT EXHAUST AND EVAPORATIVE EMISSION

STANDARDS AND TEST PROCEDURES AND TO THE ON-BOARD DIAGNOSTIC SYSTEM REQUIREMENTS FOR PASSENGER CARS, LIGHTDUTY TRUCKS, AND MEDIUM-DUTY VEHICLES, AND TO THE E VAPORATIVE

EMISSION REQUIREMENTS FOR HEAVY-DUTY VEHICLES

Note: Set forth below are the proposed amendments t o title 13 of the California Code of Regulations. Amendments to existing sectio n proposed and subject to comment in this rulemaking are shown in underline t o indicate additions and
strikeout to indicate deletions. Subsections for w hich no changes are proposed in this rulemaking are indicated with [No change] o r “* * * *”.

Note: The entire text of section 1961.2 and 1961.3 set forth below is new language and is shown in “normal type” proposed to be added to the California Code of Regulations.

Amend Sections 1900, 1956.8, 1960.1, 1961, 1961.1, 1965, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140, 214 5, 2147, 2235, and 2317, and Adopt new Sections 1961.2 and 1961.3, Title 13, California Code of Regulations to read as follows:

§ 1900. Definitions.

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(b) In addition to the definitions incorporated un der subdivision (a), the following definitions shall govern the provisions o f this chapter.

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(9) “Intermediate volume manufacturer” means any p re-2001 model year manufacturer with California sales between 3,001 an d 60,000 new light- and medium-duty vehicles per model year based on the av erage number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2001 through 2002 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each mo del year from 1989 to 1993; and any 2003 and subsequent through 2017 mode l year manufacturer with California sales between 4,501 and 60,000 new light - and medium-duty vehicles2

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 based on the average number of vehicles sold for th e three previous consecutive model years for which a manufacturer seeks certific ation; and any 2018 and subsequent model year manufacturer with California sales between 4,501 and 20,000 new light- and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive mo del years for which a

manufacturer seeks certification. For a manufactur er certifying for the first time in California, model year sales shall be based on proj ected California sales. A

manufacturer’s California sales shall consist of al l vehicles or engines produced by the manufacturer and delivered for sale in Calif ornia, except that vehicles or engines produced by the manufacturer and marketed i n California by another manufacturer under the other manufacturer’s namepla te shall be treated as California sales of the marketing manufacturer.

For purposes of applying the 2005 and subsequent th rough 2017 model year zero-emission vehicle requirements for intermediate -volume manufacturers under section 1962(b) or 1962.1(b), as applicable, the annual sales from different firms shall be aggregated in the case of (1) vehicl es produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or (2 ) vehicles produced by any two or more firms if a third party has equity owner ship of greater than 50% in

each firm.

For purposes of applying the 2009 and subsequent th rough 2016 model year Greenhouse Gas requirements for intermediate volume manufacturers under section 1961.1, the annual sales from different fir ms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, each one of which either has a greater than 10% equity ownershi p in another or is more than 10% owned by another; or (2) vehicles produced by a ny two or more firms if a third party has equity ownership of greater than 10 % in each firm.

For the 2018 and subsequent model years, the annual sales from different firms shall be aggregated in the following situations: (1 ) vehicles produced by two or more firms, one of which is 33.4% or greater part o wned by another; or (2) vehicles produced by any two or more firms if a thi rd party has equity ownership of 33.4% or more in each of the firms; or (3) vehic les produced by two or more firms having a common corporate officer(s) who is ( are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by any firms where the vehicles are manufactured by the sa me entity and the importer or distributor is an authorized agent of the entity.

* * * *

(22) “Small volume manufacturer” means, with respe ct to the 2001 and subsequent model-years, a manufacturer with Califor nia sales less than 4,500 new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavy-duty engines based on the averag e number of vehicles sold3

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 for the three previous consecutive model years for which a manufacturer seeks certification as a small volume manufacturer; howev er, for manufacturers certifying for the first time in California model-y ear sales shall be based on projected California sales. A manufacturer’s Calif ornia sales shall consist of all vehicles or engines produced by the manufacturer an d delivered for sale in California, except that vehicles or engines produce d by the manufacturer and marketed in California by another manufacturer unde r the other manufacturer’s nameplate shall be treated as California sales of t he marketing manufacturer. Except as provided in the next paragraph, beginning with for the 2009 through 2017 model years, the annual sales from different f irms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 10% or greater part owned by another; or (2) veh icles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms; or (3) vehicles produced by two or more firm s having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by all any fir ms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity. Notwithstanding the provision s of this paragraph, upon application to the Executive Officer, a manufacture r may be classified as a “small volume manufacturer” for the 2015 through 2017 mode l years if the Executive Officer determines that it is operationally indepen dent of the firm that owns 10% or more of the applicant or has a greater than 10% equity ownership in the applicant based on the criteria provided in the las t paragraph of this subsection (b)(22).

For purposes of compliance with the zero-emission v ehicle requirements, heavyduty vehicles and engines shall not be counted as p art of a manufacturer’s sales. For purposes of applying the 2005 and subsequent th rough 2017 model year zero-emission vehicle requirements for small-volume manufacturers under sections 1962(b) and 1962.1(b), the annual sales fr om different firms shall be aggregated in the case of (1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity owner ship in another or is more than 50% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm. Notwithstanding the provisions of this paragraph, u pon application to the Executive Officer, a manufacturer may be classified as a “small volume manufacturer” for the 2015 through 2017 model years if the Executive Officer determines that it is operationally independent of the firm that owns 50% or more of the applicant or has a greater than 50% equity o wnership in the applicant based on the criteria provided in the last paragrap h of this subsection (b)(22).

Except as provided in the next paragraph, for the 2 018 and subsequent model years, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more f irms, one of which is 33.4% or greater part owned by another; or (2) vehicles prod uced by any two or more firms if a third party has equity ownership of 33.4% or m ore in each of the firms; or (3)4

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 vehicles produced by two or more firms having a com mon corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by any firms where the vehi cles are manufactured by the same entity and the importer or distributor is an a uthorized agent of the entity. Notwithstanding the provisions of this paragraph, u pon application to the Executive Officer, a manufacturer may be classified as a “small volume manufacturer” for the 2018 and subsequent model yea rs if the Executive Officer determines that it is operationally independent of the firm that owns 33.4% or more of the applicant or has a greater than 33.4% e quity ownership in the applicant based on the criteria provided in the las t paragraph of this subsection (b)(22).

For the purposes of this paragraph, all manufacture rs whose annual sales are aggregated together under the provisions of this su bsection (b)(22) shall be

defined as “related manufacturers.” Notwithstandin g such aggregation, the Executive Officer may make a determination of opera tional independence if all of the following criteria are met for at least 24 mont hs preceding the application submittal: (1) for the three years preceding the ye ar in which the initial application is submitted, the average California sales for the applicant does not exceed 4,500 vehicles per year; (2) no financial or other support of economic value is provided by related manufacturers for purposes of d esign, parts procurement, R&D and production facilities and operation, and an y other transactions between

related manufacturers are conducted under normal co mmercial arrangements like those conducted with other parties, at competi tive pricing rates to the manufacturer; (3) related manufacturers maintain se parate and independent research and development, testing, and production f acilities; (4) related manufacturers do not use any vehicle powertrains or platforms developed or produced by related manufacturers; (5) patents are not held jointly with related manufacturers; (6) related manufacturers maintain s eparate business administration, legal, purchasing, sales, and marke ting departments, as well as autonomous decision-making on commercial matters; ( 7) the overlap of the

Board of Directors between related manufacturers is limited to 25% with no sharing of top operational management, including pr esident, chief executive officer, chief financial officer, and chief operati ng officer, and provided that no individual overlapping director or combination of o verlapping directors exercises exclusive management control over either or both co mpanies; and (8) parts or components supply between related companies must be established through open market process, and to the extent that the man ufacturer sells parts/components to non-related manufacturers, it d oes so through the open market a competitive pricing. Any manufacturer app lying for operational independence must submit to ARB an Attestation Enga gement from an independent certified public accountant or firm of such accountants verifying the accuracy of the information contained in the applic ation, as defined by and in accordance with the procedures established in 40 C. F.R. §80.125, as last amended January 19, 2007, which is incorporated her ein by reference. The applicant must submit information to update any of the above eight criteria as5

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 material changes to any of the criteria occur. If there are no material changes to any of the criteria, the applicant must certify tha t to the Executive Officer annually. With respect to any such changes, the Ex ecutive Officer may consider extraordinary conditions (e.g., changes to economic conditions, unanticipated market changes, etc.) and may continue to find the applicant to be operationally independent. In the event that a manufacturer lose s eligibility as a “small volume manufacturer” after a material change occurs, the m anufacturer must begin compliance with the primary emissions program in th e third model year after the model year in which the manufacturer loses its elig ibility. The Executive Officer may, in his or her discretion, re-establish lost “s mall volume manufacturer” status if the manufacturer shows that it has met the opera tional independence criteria for three consecutive years.

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NOTE: Authority cited: Sections 39600, 39601, 430 13, 43018, 43101 and 43104, Health and Safety Code. Reference: Sections 39002, 39003, 390 10, 39500, 40000, 43000, 43013, 43018.5, 43100, 43101, 43101.5, 43102, 43103, 43104, 43106 a nd 43204, Health and Safety Code; and Section 27156, Vehicle Code.6

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 § 1956.8. Exhaust Emission Standards and Test Proc edures - 1985 and Subsequent Model Heavy-Duty Engines and Vehicles.

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(b) Test Procedures . The test procedures for determining compliance wi th standards applicable to 1985 and subsequent model h eavy-duty diesel engines and vehicles and the requirements for participation g in the averaging, banking and trading programs, are set forth in the “Califor nia Exhaust Emission Standards and Test Procedures for 1985 through 2003 Model Heavy-Duty Diesel-Engines and Vehicles, “ adopted April 8, 198 5, as last amended December 12, 2002, the “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel-Engines and Vehicles,”adopted December 12, 2002, as last amende d December 22, 2011 March 22, 2012, and the “California Interim Certifi cation Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the U rban Bus and Heavy-Duty Vehicle Classes,” adopted October 24, 2002, which a re incorporated by

reference herein.

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(c)(1)(B) The exhaust emissions from new 2005 and subsequent model heavy-duty Otto-cycle engines, except for Ott o-cycle medium- and heavyduty engines subject to the alternative standards i n 40 CFR §86.005-10(f), shall

not exceed:7

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 California Emission Standards for 2005 and Subseque nt Model

Heavy-Duty Otto-Cycle Engines A

(in g/bhp-hr)

Model Year Emission

Category NMHC + NOx NMHC NOx CO F G HCHO PM

Standards for Heavy

- Duty Otto

- Cycle Engines Used i n 2005 through 20 19 Model Incomplete Medium-Duty Vehicles 8,501 to 10,000 14, 000 pounds GVW B and 2005 and Subsequent Model Incomplete Medium-Duty Vehicles 10 ,001 to 14,000 pounds GVW C

2005 through

2007 ULEV 1.0 C,E n/a n/a 14.4 0.05 n/a

SULEV 0.5 n/a n/a 7.2 0.025 n/a

2008 and subsequent ULEV n/a 0.14 E 0.20 E 14.4 0.01 0.01

SULEV n/a 0.07 E 0.10 E 7.2 0.005 0.005

Standards for Heavy

- Duty Otto

- Cycle Engines Used In Heavy-Duty Vehicles Over 14,000 pounds GVW
2005 through

2007 n/a 1.0 C,E D,F n/a n/a 37.1 0.05 D E n/a

2008 and subsequent n/a n/a 0.14 E 0.20 E 14.4 0.01 0.01

A These standards apply to petroleum-fueled, alcoho l-fueled, liquefied petroleum gas-fueled and natural gas-fueled Otto-cycle engines.

B For the 2020 and subsequent model years, medium-du ty vehicles 8,501 to 10,000 pounds GVW must certify to the primary emission standards and test procedures for complete vehicles specified in section 1961.2, title 13, CCR.

B.C A manufacturer of engines used in incomplete mediu m-duty vehicles may choose to comply with these standards as an alternative to the primary em ission standards and test procedures for complete vehicles specified in section 1961 or 1961.2, title 13, CCR. A manufacturer that chooses to comply wi th these optional heavy-duty engine standards and test procedures shall specify, in the Part I applicatio n for certification, an in-use compliance test procedure, as provided in section 2139(c), title 13 CCR.

CD A manufacturer may request to certify to the Opti on 1 or Option 2 federal NMHC + NOx standards as set forth in 40 CFR § 86.005-10(f). However, fo r engines used in medium-duty vehicles, the formaldehyde level must meet the standard specified above.

DE This standard only applies to methanol-fueled Ott o-cycle engines.

EF A manufacturer may elect to include any or all of i ts medium- and heavy-duty Otto-cycle engine families in any or all of the emissions ABT program s for HDEs, within the restrictions described in se ction
I.15 of the “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines,” incorporated by ref erence in section 1956.8(d). For engine families certified to the Option 1 or 2 federal standards, t he FEL must not exceed 1.5 g/bhp-hr. If a manufact urer elects to include engine families certified to the 2005 and subsequent model year standards, the NOx p lus NMHC FEL must not exceed 1.0 g/bhp-hr. For engine f amilies certified to the 2008 and subsequent model year standards, the FEL is the same as set forth in 40 CFR 86.008-10(a)(1).

FG Idle carbon monoxide: For all Otto-cycle heavy-dut y engines utilizing aftertreatment technology, and not certified to the on-board diagnostics requi rements of section 1968, et seq, as applicable, the CO emissions shall not exceed 0.50 percent of exhaust gas flow at curb idle.

___________________________________________________ ___________________________

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As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (3) Optional Standards for Complete Heavy-Duty Vehicles that Use Heavy-Duty Otto-Cycle Engines. Manufacturers may request to group complete heavy-duty Otto-cycle vehicles into the same test g roup as Otto-cycle vehicles certifying to the LEV III exhaust emission standard s and test procedures specified in title 13, CCR, §1961.2, so long as tho se complete heavy-duty Ottocycle vehicles meet the most stringent LEV III stan dards to which any vehicle within that test group certifies.

* * * *

(d) The test procedures for determining compliance with standards applicable to 1987 and subsequent model heavy-duty Otto-cycle engines and vehicles are
set forth in the “California Exhaust Emission Stand ards and Test Procedures for 1987 through 2003 Model Heavy-Duty Otto-Cycle Engin es and Vehicles,” adopted April 25, 1986, as last amended December 27 , 2000, the “California

Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines,” adopted Decem ber 27, 2000, as last amended September 27, 2010 March 22, 2012, the “Cal ifornia Non-Methane Organic Gas Test Procedures,” adopted July 12, 1991 , as last amended July 30, 2002 March 22, 2012, and the “California Interim Ce rtification Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban Bus and Heavy-Duty Vehicle Classes,” adopted October 24, 20 02, which are incorporated by reference herein.

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(h) The exhaust emissions from new:

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(2) 1992 and subsequent model diesel engines used in medium-duty lowemission vehicles, ultra-low-emission vehicles and super-ultra-low-emission

vehicles shall not exceed:9

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 ___________________________________________________ _____________

Exhaust Emission Standards for Engines Used in 1992 through 2004 Model Incomplete Otto-Cycle Medium-Duty Low-Emission Vehi cles, Ultra-LowEmission Vehicles, and Super Ultra

- Low-Emission Vehicles, and for 1992

and Subsequent Model Diesel Engines Used in Medium-Duty Low-Emission Vehicles, Ultra-Low-Emissi on Vehicles, and

Super Ultra-Low-Emission Vehicles A,F
(grams per brake horsepower-hour)

Model

Year Vehicle

Emissions Category

B Carbon

Monoxide NMHC +

NOx C Non-Methane

Hydrocarbons Oxides of

Nitrogen Formaldehyde Particulates D

1992 E - 2001 LEV 14.4 3.5 K n/a n/a 0.050 0.10 K

2002-2003 E LEV 14.4 3.0 K n/a n/a 0.050 0.10 K

1992-2003 E,H ULEV 14.4 2.5 K n/a n/a 0.050 0.10 K

2004-2006

and subsequent L ULEV -

Opt A 14.4 2.5 I,J,K n/a n/a 0.050 0.10 J,K

2004-2006

and subsequent L ULEV -

Opt. B 14.4 2.4 I,J,K n/a n/a 0.050 0.10 J,K

2007 and subsequent D
(diesel only) ULEV 15.5 n/a 0.14 0.20 0.050 0.01

1992-2006

and subsequent L SULEV 7.2 2.0 K n/a n/a 0.025 0.05 K

2007 and subsequent D
(diesel only) SULEV 7.7 n/a 0.07 0.10 0.025 0.005

A This set of standards is optional. For the 1992 t hrough 2019 model years, mManufacturers of engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles from 8501-10,000 14,000 pounds gross vehic le weight rating may choose to comply with these standards as an alternative to the prima ry emission standards and test procedures specified in section 1960.1, or section 1961, or se ction 1961.2, Title 13, California Code of Regulations. For the 1992 and subsequent model yea rs, manufacturers of engines used in incomplete medium-duty vehicles or diesel engines u sed in medium-duty vehicles from 10,001-14,000 pounds gross vehicle weight rating ma y choose to comply with these standards as an alternative to the primary emission standards and test procedures specified in section 1960.1, section 1961, or section 1961.2, Title 13, California Code of Regulations. For the 2020 and subsequent model years, both incom plete medium-duty vehicles and10

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 medium-duty vehicles that use a diesel engine 8,501 to 10,000 pounds GVW must certify to the primary emission standards and test procedures for complete vehicles specified in section 1961.2, title 13, CCR. Manufacturers that choose to comply with these optional heavy-duty standards and test procedures shall spec ify, in the application for certification, an in-use compliance test procedure, as provided in se ction 2139(c), Title 13, California Code of Regulations.

B "LEV" means low-emission vehicle.

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

C This standard is the sum of the individual non-met hane hydrocarbon emissions and oxides of nitrogen emissions. For methanol-fueled engines, n on-methane hydrocarbons shall mean organic material hydrocarbon equivalent ("OMHCE").

D These standards apply only to diesel engines and v ehicles.

E Manufacturers may certify engines used in incomple te medium-duty vehicles or diesel engines used in medium-duty vehicles to these stand ards to meet the requirements of section 1956.8(g), Title 13, California Code of Reg ulations.

F In-use compliance testing shall be limited to vehi cles or engines with fewer than 90,000

miles.

G [Reserved]

H For engines certified to the 3.5 grams per brake h orsepower-hour (g/bhp-hr) LEV standards, the in-use compliance standard shall be 3.7 g/bhp-h r for the first two model years of introduction. For engines certified to the 2002 an d 2003 model year LEV standards, the inuse compliance standard shall be 3.2 g/bhp-hr. For engines certified to the 1992 through 2003 model year ULEV standards, the in-use complian ce standard shall be 2.7 g/bhp-hr for the first two model years of introduction. For eng ines certified to the 1992 and subsequent SULEV standards, the in-use compliance standard sha ll be 2.2 g/bhp-hr for the first two model years of introduction.

I Manufacturers have the option of certifying to eit her option A or B. Manufacturers electing to certify to Option A must demonstrate that the NMHC emissions do not exceed 0.5 g/bhp-hr.

J Emissions averaging may be used to meet these stan dards for diesel engines, using the requirements for participation in averaging, bankin g and trading programs, as set forth in the

“California Exhaust Emission Standards and Test Pro cedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” inco rporated by reference in section 1956.8 (b), above.

K Engines of 1998 and subsequent model years may be eligible to generate averaging, banking and trading credits based on these standards accord ing to the requirements of the averaging, banking and trading programs described in the “Cali fornia Exhaust Emission Standards and Test Procedures for 1985 through 2003 Model Heavy-D uty Engines and Vehicles” and the
“California Exhaust Emission Standards and Test Pro cedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles,” inco rporated by reference in section 1956.8(b), above.

L For the 2005 and 2006 model years, these emission s tandards only apply to diesel engines and vehicles. For 2007 and subsequent model year d iesel engines used in medium-duty vehicles, these emission standards are not applicab le.

___________________________________________________ __________________________

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(5) Optional Standards for Complete Heavy-Duty Vehicles that Use Heavy-Duty Diesel Engines. Manufacturers may request to group complete heavy-duty diesel vehicles into the same test group as medium-duty diesel vehicles certifying to the LEV III exhaust emission standards and test procedures specified in title 13, CCR, §1961.2, so long as tho se complete heavy-duty diesel11

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 vehicles meet the most stringent LEV III standards to which any vehicle within that test group certifies.

NOTE: Authority cited: Sections 39500, 39600, 3960 1, 43013, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Sa fety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500, 396 67, 43000, 43009.5, 43013, 43017, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43202, 43204, 43205, 43205.5, 43206, 43210, 43211, 43212, 43213 and 43806, Health and Safety Code; and Section 28114,

Vehicle Code.12

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 § 1960.1. Exhaust Emission Standards and Test Proc edures - 1981 through 2006 Model Passenger Cars, Light-Duty Trucks, and M edium-Duty Vehicles.

* * * *

(r) 4000-Mile Supplemental FTP Emission Standards. The Supplemental Federal Test Procedure (SFTP) standard s in this section are represent the maximum SFTP exhaust emissions at 4,0 00 miles + 250 miles or at the mileage determined by the manufacturer for e mission-data vehicles in
accordance with the “California Exhaust Emission St andards and Test Procedures for 1988 Through 2000 Model Passenger Ca rs, Light-Duty Trucks, and Medium-Duty Vehicles,” as incorporated by refer ence in section 1960.1(k), and with the “California 2001 through 2014 Model Cr iteria Pollutant Exhaust
Emission Standards and Test Procedures and for 2001 2009 through 2016 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles,” as incorporated by reference in section 1961(d). T he SFTP exhaust emission levels from new 2001 through 2020 and subsequent mo del low-emission vehicles, ultra-low-emission vehicles and super-ult ra-low-emission vehicles in the passenger car and light-duty truck class certifying to the LEV II exhaust emission standards in section 1961, and new 2003 through 202 0 model and subsequent low-emission vehicles, ultra-low-emission vehicles, and super-ultra-low-emission vehicles in the medium-duty class certifying to the LEV II exhaust emission standards in section 1961, shall not exceed:13

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 ___________________________________________________ _____________

SFTP EXHAUST EMISSION STANDARDS FOR LOW-EMISSION VEHICLES, ULTRA-LOW-EMISSION VEHIC LES, AND

SUPER-ULTRA-LOW-EMISSION VEHICLES IN THE PASSENGER CAR, LIGHT-DUTY TRUCK, AND MEDIUM-DUTY VEHICLE CLASSES

(grams per mile) 5,6,7,8,9,10,11

Vehicle Type 1 Gross Vehicle

Weight Rating (lbs.) Loaded Vehicle

Test Weight (lbs.) 2 US06 Test 1 A/C Test 1, 4 5

NMHC 34 + NOx 1 CO 1 NMHC 34 + NOx 1 CO 1

PC All All

Vehicles in this category are tested

at their loaded vehicle weight (curb weight plus 300 lbs.) 0.14 8.0 0.20 2.7

LDT

LDT < 6,000 lbs. 0-3750

Vehicles in this category are tested

at their loaded vehicle weight (curb weight plus 300 lbs.) 0.14 8.0 0.20 2.7

3751-5750

Vehicles in this category are tested

at their loaded vehicle weight (curb weight plus 300 lbs.) 0.25 10.5 0.27 3.5

MDV

MDV 6,001-8,500

lbs. 2 3751-5750

Vehicles in this category are tested at their adjusted

loaded vehicle weight (average of curb weight and GVWR) 0.40 10.5 0.31 3.5

5751-8500 3

Vehicles in this category are tested at their adjusted

loaded vehicle weight (average of curb weight and GVWR) 0.60 11.8 0.44 4.0

1 Abbreviations and Definitions. For the purposes of this SFTP standards table onl y, the following abbreviations and definitions apply: “PC” means passenger car. “LDT” means light-duty truck, defined as any motor vehicle rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property14

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 or is a derivative of such a vehicle, or is availab le with special features enabling off-street or off-highway operation and use. “MDV” means medium-duty truck, defined as any motor vehicle having a manufacturer’s gross vehicle weight rating of greater than 6,000 p ounds and less than 14,001 pounds, except passenger cars. “NMHC+NOx” means non-methane hydrocarbon plus oxide s of nitrogen emissions.

“CO” means carbon monoxide emissions. “US06” means the test cycle designed to evaluate em issions during aggressive and microtransient driving. “A/C” means air-conditioning.

2 For MDVs, “Loaded Vehicle Weight” shall mean “Test Weight,” which is the average of the vehicle’s curb weight and gross vehicle weight.

23 Vehicles with a gross vehicle weight rating over 8 ,500 pounds are exempted from the requirements of this subsection.

34 Non-Methane Hydrocarbon Emissions. Hydrocarbon emissions shall be measured in accordance with Part B (Determination of Non-Methan e Hydrocarbon Mass Emissions by Flame Ionization Detection) of the “California Non- Methane Organic Gas Test Procedures” as incorporated by reference in section 1960.1(g)(1), note (3). For alcohol-fueled vehicles certifying to these standards, including flexible-f uel vehicles when certifying on methanol or ethanol, “Non-Methane Hydrocarbons” shall mean “Org anic Material Non-Methane Hydrocarbon Equivalent.”

45 A/C-on Specific Calibrations . A/C-on specific calibrations (e.g. air to fuel r atio, spark timing, and exhaust gas recirculation), may be used which d iffer from A/C-off calibrations for given engine operating conditions (e.g., engine speed, ma nifold pressure, coolant temperature, air charge temperature, and any other parameters). Suc h calibrations must not unnecessarily

reduce the NMHC+NOx emission control effectiveness during A/C-on operation when the vehicle is operated under conditions which may reas onably be expected to be encountered during normal operation and use. If reductions in control system NMHC+NOx effectiveness do occur as a result of such calibrations, the manu facturer shall, in the Application for Certification, specify the circumstances under whic h such reductions do occur, and the reason for the use of such calibrations resulting i n such reductions in control system

effectiveness.

A/C-on specific “open-loop” or “commanded enrichmen t” air-fuel enrichment strategies (as defined below), which differ from A/C-off “open-loo p” or “commanded enrichment” air-fuel enrichment strategies, may not be used, with the fo llowing exceptions: cold-start and warmup conditions, or, subject to Executive Officer app roval, conditions requiring the protection of the vehicle, occupants, engine, or emission control hardware. Other than these exceptions, such strategies which are invoked based on manifold pressure, engine speed, throttle position, or other engine parameters shall use the same engine parameter criteria for the invoking of this air-fuel enrichment strategy and t he same degree of enrichment regardless of

whether the A/C is on or off.

“Open-loop” or “commanded” air-fuel enrichment stra tegy is defined as enrichment of the air to fuel ratio beyond stoichiometry for the purposes of increasing engine power output and the protection of engine or emissions control hardware. However, “closed-loop biasing,” defined as small changes in the air-fuel ratio for the purp oses of optimizing vehicle emissions or driveability, shall not be considered an “open-loop ” or “commanded” air-fuel enrichment strategy. In addition, “transient” air-fuel enrich ment strategy (or “tip-in” and “tip-out” enrichment), defined as the temporary use of an air -fuel ratio rich of stoichiometry at the beginning or duration of rapid throttle motion, sha ll not be considered an “open-loop” or “commanded” air-fuel enrichment strategy.

56 SFTP. SFTP means the additional test procedure designed to measure emissions during aggressive and microtransient driving, as described in section 86.159-00, Title 40, Code of15

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Federal Regulations, as adopted October 22, 1996, o ver the US06 cycle, and also the test procedure designed to measure urban driving emissio ns while the vehicle’s air conditioning system is operating, as described in section 86.160 -00, Title 40, Code of Federal Regulations, as adopted October 22, 1996, over the SC03 cycle, except the test weight shall be that specified in this subsection 1960.1(r), reg ardless of what may be specified in the Code of Federal Regulations. These sections of the Code of Federal Regulations are incorporated herein by reference.

67 Applicability to Alternative Fuel Vehicles. These SFTP standards do not apply to vehicles certified on fuels other than gasoline and diesel f uel, but the standards do apply to the gasoline and diesel fuel operation of flexible-fuel vehicles and dual-fuel vehicles.

78 Air to Fuel Ratio Requirement. With the exception of cold-start conditions, warm -up conditions and rapid-throttle motion conditions (“t ip-in” or “tip-out” conditions), the air to fuel ratio shall not be richer at any time than, for a g iven engine operating condition (e.g., engine speed, manifold pressure, coolant temperature, air charge temperature, and any other parameters), the leanest air to fuel mixture requir ed to obtain maximum torque (lean best torque), with a tolerance of six percent of the fue l consumption. The Executive Officer may approve a manufacturer’s request for approval to us e additional enrichment in subsequent testing if the manufacturer demonstrates that addit ional enrichment is needed to protect the vehicle, occupants, engine, or emission control har dware.

89 “Lean-On-Cruise” Calibration Strategies. In the Application for Certification, the manufac turer shall state whether any “lean-on-cruise” strategies are incorporated into the vehicle design. A “lean-on-cruise” air-fuel calibration strategy is d efined as the use of an air-fuel ratio significantly greater than stoichiometry, during no n-deceleration conditions at speeds above 40 mph. “Lean-on-cruise” air-fuel calibration stra tegies shall not be employed during vehicle operation in normal driving conditions, including A /C-usage, unless at least one of the following conditions is met:

1. Such strategies are substantially employed durin g the FTP or SFTP, or

2. Such strategies are demonstrated not to signific antly reduce vehicle NMHC+NOx emission control effectiveness over the operating c onditions in which they are employed,

or

3. Such strategies are demonstrated to be necessary to protect the vehicle, occupants, engine, or emission control hardware.

If the manufacturer proposes to use a “lean-on-crui se” calibration strategy, the manufacturer shall specify the circumstances under which such a calibration would be used, and the reason or reasons for the proposed use of such a ca libration.

The above provisions shall not apply to vehicles po wered by “lean-burn” engines or Dieselcycle engines. A “lean-burn” engine is defined as an Otto-cycle engine designed to run at an air-fuel ratio significantly greater than stoichiom etry during the large majority of its operation.

910 Phase-In Requirements

. For the purposes of this 1960.1(r) section only, e ach manufacturer’s PC and LDT fleet shall be defined as the total proj ected number of low-emission and ultralow-emission PCs and LDTs from 0-5750 pounds loaded vehicle weight sold in California.

Each manufacturer’s MDV fleet shall be defined as t he total projected number of lowemission, ultra-low-emission, and super-ultra-low-e mission MDVs less than 8501 pounds gross vehicle weight rating sold in California. a. For the 2001 through 2014 model years, mManufact urers of PCs, LDTs, and MDVs, except small volume manufacturers, shall certify a minimum percentage of their PC and LDT fleet, and a minimum percentage of their MDV fl eet, according to the following phase-in schedule.16

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Percentage

Model Year PC, LDT MDV

2001 25 NA

2002 50 NA

2003 85 25

2004 100 50

2005 through 2014 and subsequent 100 100

b. Manufacturers may use an “Alternative or Equival ent Phase-in Schedule” to comply with the phase-in requirements. An “Alternative Phase-i n” is one that achieves at least equivalent emission reductions by the end of the la st model year of the scheduled phasein. Model-year emission reductions shall be calcul ated by multiplying the percent of vehicles (based on the manufacturer’s projected Cal ifornia sales volume of the applicable vehicle fleet) meeting the new requirements per mod el year by the number of model years implemented prior to and including the last m odel year of the scheduled phase-in.

The “cumulative total” is the summation of the mode l-year emission reductions (e.g., a four model-year 25/50/85/100 percent phase-in sched ule would be calculated as: (25%*4 years) + (50%*3 years) + (85%*2 years) + (100%*1 ye ar) = 520). Any alternative phasein that results in an equal or larger cumulative to tal than the required cumulative total by the end of the last model year of the scheduled pha se-in shall be considered acceptable by the Executive Officer under the following condit ions: 1) all vehicles subject to the phase-in shall comply with the respective requireme nts in the last model year of the required phase-in schedule and 2) if a manufacturer uses the optional phase-in percentage determination in section 1960.1(q) note (9), the cumulative total of modelyear emission reductions as determined only for PCs and LDTs certified to this section 1960.1(r) must also be equal to or larger than the required cumulative total by end of the 2004 model year. Manufacturers shall be allowed to include vehicles introduced before the first model year of the scheduled phase-in (e.g ., in the previous example, 10 percent introduced one year before the scheduled phase-in b egins would be calculated as: (10%*5 years) and added to the cumulative total). c. Small volume manufacturers of PCs, LDTs, and MDV s shall certify 100% of their PC and LDT fleet in the 2004 through 2014 and subsequent m odel years, and 100% of their MDV fleet in the 2005 through 2014 and subsequent model years.

101 Single-Roll Electric Dynamometer Requirement. For all vehicles certified to the SFTP standards, a single-roll electric dynamometer or a dynamometer which produces equivalent results, as set forth in the “California Exhaust Em ission Standards and Test Procedures for 1988 Through 2000 and Subsequent Model Passenger Ca rs, Light-Duty Trucks, and Medium-Duty Vehicles” as incorporated by reference in section 1960.1(k) or the “California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2009 through 2016 Model Greenhouse G as Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” as incorporated by reference in section 1961(d), as ap plicable, must be used for all types of emission testing to determine compliance with the a ssociated emission standards.

___________________________________________________ _____________

NOTE: Authority cited: Sections 39600, 39601, 430 13, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003 , 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code.17

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 § 1961. Exhaust Emission Standards and Test Proced ures - 2004 through 2019 and Subsequent Model Passenger Cars, Light-Dut y Trucks, and Medium-Duty Vehicles.

Introduction. This section 1961 contains the California “LEV II” exhaust emission standards for 2004 through 2019 and subsequent mode l passenger cars, lightduty trucks and medium-duty vehicles. A manufactur er must demonstrate compliance with the exhaust standards in section 19 61(a) applicable to specific test groups, and with the composite phase-in requir ements in section 1961(b) applicable to the manufacturer’s entire fleet. Sec tion 1961(b) also includes the manufacturer’s fleet-wide composite phase-in requir ements for the 2001 - 2003 model years.

* * * *

(a) Exhaust Emission Standards.

(1) “LEV II” Exhaust Standards . The following standards are represent

the maximum exhaust emissions for the intermediate and full useful life from new 2004 through 2019 and subsequent model-year “LEV II ” LEVs, ULEVs, and SULEVs, including fuel-flexible, bi-fuel and dual f uel vehicles when operating on the gaseous or alcohol fuel they are designed to us e.: 2015 – 2019 model-year LEV II LEV vehicles may be certified to the NMOG+NO x numerical values for LEV160, LEV395, or LEV630, as applicable, in subsec tion 1961.2(a)(1) and the corresponding NMOG+NOx numerical values in subsecti on 1961.2(a)(4), in lieu of the separate NMOG and NOx exhaust emission stand ards in this subsection (a)(1) and subsection (a)(4); LEV II ULEV vehicles may be certified to the NMOG+NOx numerical values for ULEV125, ULEV340, or ULEV570, as applicable, in subsection 1961.2(a)(1) and the corr esponding NMOG+NOx numerical values in subsection 1961.2(a)(4), in lie u of the separate NMOG and NOx exhaust emission standards in this subsection ( a)(1) and the corresponding NMOG+NOx numerical values in subsection (a)(4); and LEV II SULEV vehicles may be certified to the NMOG+NOx numerical values f or SULEV30, SULEV170, or SULEV230, as applicable, in subsection 1961.2(a) (1) and the corresponding NMOG+NOx numerical values in subsection 1961.2(a)(4 ), in lieu of the separate

NMOG and NOx exhaust emission standards in this sub section (a)(1) and the corresponding NMOG+NOx numerical values in subsecti on (a)(4).18

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 LEV II Exhaust Mass Emission Standards for New 2004 through 2019 and Subsequent Model LEVs, ULEVs, and SULEVs in the Passenger Car, Light-Duty Truck and Medium-D uty Vehicle Classes

Vehicle Type Durability

Vehicle Basis (mi) Vehicle

Emission Category NMOG

(g/mi) Carbon

Monoxide (g/mi) Oxides

of Nitrogen (g/mi) Formaldehyde

(mg/mi) Particulates

(g/mi)

All PCs;

LDTs 8500 lbs. GVWR

or less

Vehicles in this category

are tested at their loaded vehicle weight 50,000 LEV 0.075 3.4 0.05 15 n/a

LEV, Option 1 0.075 3.4 0.07 15 n/a

ULEV 0.040 1.7 0.05 8 n/a

120,000 LEV 0.090 4.2 0.07 18 0.01

LEV, Option 1 0.090 4.2 0.10 18 0.01

ULEV 0.055 2.1 0.07 11 0.01

SULEV 0.010 1.0 0.02 4 0.01

150,000 (Optional) LEV 0.090 4.2 0.07 18 0.01

LEV, Option 1 0.090 4.2 0.10 18 0.01

ULEV 0.055 2.1 0.07 11 0.01

SULEV 0.010 1.0 0.02 4 0.01

MDVs 8501 - 10,000 lbs.

GVWR

Vehicles in this category

are tested at their adjusted loaded vehicle weight 120,000 LEV 0.195 6.4 0.2 32 0.12

ULEV 0.143 6.4 0.2 16 0.06

SULEV 0.100 3.2 0.1 8 0.06

150,000 (Optional) LEV 0.195 6.4 0.2 32 0.12

ULEV 0.143 6.4 0.2 16 0.06

SULEV 0.100 3.2 0.1 8 0.06

MDVs 10,001-14,000 lbs.
GVWR

Vehicles in this category

are tested at their adjusted loaded vehicle weight 120,000 LEV 0.230 7.3 0.4 40 0.12

ULEV 0.167 7.3 0.4 21 0.06

SULEV 0.117 3.7 0.2 10 0.06

150,000 (Optional) LEV 0.230 7.3 0.4 40 0.12

ULEV 0.167 7.3 0.4 21 0.06

SULEV 0.117 3.7 0.2 10 0.0619

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 * * * * (3) LEV II NMOG Standards for Bi-Fuel, Fuel-Flexible and Dual- Fuel Vehicles Operating on Gasoline . For fuel-flexible, bi-fuel, and dual-fuel PCs, LDTs and MDVs, compliance with the NMOG exhaust mas s 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 demonstr ate 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 fue l.

The following standards are represent the maximum N MOG emissions when the vehicle is operating on gasoline. A manufacturer s hall 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 fuelflexible, bi-fuel, and dual-fuel vehicles are opera ted on gasoline, in accordance with the test procedures incorporated by reference in section 1961(d). Testing at

50 o F is not required for fuel-flexible, bi-fuel, and d ual-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 Type Vehicle

Emission Category Durability Vehicle Basis

50,000 mi 120,000

mi All PCs; LDTs, 0-8500 lbs. GVWR LEV 0.125 0.156

ULEV 0.075 0.090

SULEV 0.010 0.040

MDVs, 8501-10,000 lbs.
GVWR LEV n/a 0.230

ULEV n/a 0.167

SULEV n/a 0.117

MDVs, 10,001-14,000
lbs. GVWR LEV n/a 0.280

ULEV n/a 0.195

SULEV n/a 0.14320

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (4) LEV II 50°F Exhaust Emission Standards. All LEV II light- and medium-duty LEVs, ULEVs, and SULEVs must demonstrat e compliance with the following exhaust emission standards for NMOG and f ormaldehyde (HCHO) measured on the FTP (40 CFR, Part 86, Subpart B) co nducted at a nominal test temperature of 50°F, as modified by Part II, Sectio n C of the “California 2001 through 2014 Model Criteria Pollutant Exhaust Emiss ion Standards and Test Procedures and for 2001 2009 through 2016 and Subse quent Model
Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles” incorporated by reference in section 1961(d). The NMOG mass emissi on result shall be multiplied by the applicable reactivity adjustment factor, if any, prior to comparing to the applicable adjusted 50,000 mile certificatio n standards set forth below. A manufacturer may demonstrate compliance with the NM OG and HCHO certification standards contained in this subparagr aph by measuring NMHC exhaust emissions or issuing a statement of complia nce for HCHO in accordance with Section D.1, subparagraph (p) and Section G.3. 1.2, respectively, of the “California 2001 through 2014 Model Criteria Pollut ant Exhaust Emission
Standards and Test Procedures and for 2001 2009 thr ough 2016 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles” incorporated by reference in section 1961(d). Emis sions of CO and NOx

measured at 50°F shall not exceed the standards set forth in §1961(a)(1) applicable to vehicles of the same emission categor y and vehicle type subject to

a cold soak and emission test at 68° to 86°F. Natu ral gas and diesel-fueled vehicles are exempt from the 50°F test requirements

.

Vehicle Weight
Class Vehicle Emission Category (g/mi)

LEV ULEV SULEV

NMOG HCHO NMOG HCHO NMOG HCHO

PCs; LDTs 0-8500

lbs. GVWR 0.150 0.030 0.080 0.016 0.020 0.008

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

MDVs 10,001-14,000 lbs.

GVWR 0.460 0.080 0.334 0.042 0.234 0.02021

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (5) LEV II Cold CO Standard . The following standards are represent the 50,000 mile cold temperature exhaust carbon mon oxide emission levels from new 2001 through 2019 and subsequent model-year LEV II passenger cars, light-duty trucks, and medium-duty vehicles:

2001 THROUGH 2019 AND SUBSEQUENT MODEL-YEAR COLD

TEMPERATURE
CARBON MONOXIDE EXHAUST EMISSIONS STANDARDS FOR LEV II 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. GVWR;

LEV I and Tier 1 MDVs 8500 lbs. GVWR

and less 12.5

These standards are applicable to vehicles tested a t a nominal temperature of

20 o F (-7 o C) in accordance with 40 CFR Part 86 Subpart C, as amended by the “California 2001 through 2014 Model Criteria Pollut ant Exhaust Emission
Standards and Test Procedures and for 2001 2009 thr ough 2016 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles” incorporated by reference in section 1961(d). Natu ral gas, diesel-fueled, and zero-emission vehicles are exempt from these standa rds.

* * * *

(7) Supplemental Federal Test Procedure (SFTP) Off-Cycl e Emission
Standards. The SFTP exhaust emission levels from new 2004 th rough 2019 and subsequent model LEV II LEVs, ULEVs, and SULEVs sha ll not exceed the standards set forth in section 1960.1(r).

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

* * * *

(B) Requirement to Generate a Partial ZEV Allowance. A vehicle that is certified to the 150,000 mile SULEV standards sh all 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 through 2008 and22

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Subsequent Model Zero-Emission Vehicles, and 2001 t hrough 2008 and Subsequent Model Hybrid Electric Vehicles, in the P assenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes,” incorporat ed by reference in section 1962, the “California Exhaust Emission Standards an d Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybri d Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Ve hicle Classes,” incorporated by reference in section 1962.1, or the “California Exhaust Emission Standards and Test Procedures for 2018 and Subseque nt Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passe nger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes,” incorporated by r eference in section 1962.2,as applicable.

* * * *

(14) When a Federally-Certified Vehicle Model is Require d in California.

(A) General Requirement. Whenever a manufacturer federally-certifies a 2004 through 2014 or subsequent model-year passen ger car, light-duty truck or medium-duty vehicle model to the standards for a pa rticular emissions bin that are more stringent than the standards for an applic able California emission category, the equivalent California model may only be certified to (i) the California standards for a vehicle emissions catego ry that are at least as stringent as the standards for the corresponding fe deral emissions bin, or (ii) the

exhaust emission standards to which the federal mod el is certified. However,

where the federal exhaust emission standards for th e particular emissions bin
and the California standards for a vehicle emission s category are equally stringent, the California model may only be certifi ed to either the California standards for that vehicle emissions category or mo re stringent California

standards. The federal emission bins are those con tained 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 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 2001 2009 through 2016 and Subsequent Model

Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” as incorporated by reference in section 1961(d).

* * * *

(b) Emission Standards Phase-In Requirements for Manufacturers.23

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (1) Fleet Average NMOG Requirements for Passenger Cars and LightDuty Trucks.

(A) The fleet average non-methane organic gas exhau st mass emission values from the passenger cars and light-d uty trucks certified to the Tier 1, LEV I, and LEV II standards that are produced an d delivered for sale in California each model year from 2001 through 2014 b y a manufacturer other than a small volume manufacturer or an independent low v olume 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 0-3750 lbs.

LVW LDTs

3751 lbs. LVW - 8500 lbs.

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 through

2014 1 + 0.035 0.043

1 For the 2014 model year only, a manufacturer may co mply with the fleet average NMOG+NOx values in subsection 1961.2(b)(1)(A) in lieu of com plying with the NMOG fleet average values in this table. A manufacturer must either comply with the NMOG+NOx fleet average requirements

for both its PC/LDT1 fleet and its LDT2/MDPV fleet or comply with the NMOG fleet average requirements for both its PC/LDT1 fleet and its LDT 2/MDPV fleet. A manufacturer must calculate its fleet average NMOG+NOx values using the applica ble full useful life standards.

(B) Calculation of Fleet Average NMOG Value.

1. Basic Calculation.

* * * *24

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

c. The applicable emission standards to be used in the above equations are as follows:

Model Year Emission Category Emission Standard Value

All PCs;

LDTs 0-3750 lbs.

LVW LDTs

3751-5750 lbs.

LVW 2001 through 2014 and subsequent (§1960.5 “AB 965” vehicles only) All Federal Emission
Standard to which

Vehicle is Certified Federal Emission
Standard to

which Vehicle is
Certified

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

2001 - 2006 model year

vehicles certified to the

“LEV I” standards in §1960.1(g)(1) (For TLEVs, 2001 - 2003 model years only) TLEVs 0.125 0.160

LEVs 0.075 0.100

ULEVs 0.040 0.050

Model Year Emission Category All PCs;

LDTs 0-3750 lbs.

LVW LDTs 3751 lbs.

LVW - 8500 lbs.
GVW 2004 through 2014 and subsequent model year

vehicles certified to the

“LEV II” standards in §1961(a)(1) LEVs 0.075 0.075

ULEVs 0.040 0.040

SULEVs 0.01 0.01

2004 through 2014 and subsequent model year

vehicles certified to the optional 150,000 mile
“LEV II” standards for PCs and LDTs in 1961(a)(1) LEVs 0.064 0.064

ULEVs 0.034 0.034

SULEVs 0.0085 0.0085

* * * *

3. Federally-Certified Vehicles. A vehicle certified to the

federal standards for a federal exhaust emissions b in in accordance with Section H.1 of the “California 2001 through 2014 Model Crit eria Pollutant Exhaust
Emission Standards and Test Procedures and for 2001 2009 through 2016 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles,” as incorporated by reference in section 1961(d), sh all use the corresponding25

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 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 through 2014 and subsequent model years, a small volume manufact urer 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 c alculated in accordance with section 1961(b)(1)(B).

* * * *

(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 through 2014 and subsequent model years, an independent low volu me 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 - 850 0 lbs. GVW calculated in accordance with section 1961(b)(1)(B).

* * * *

(3) Medium-Duty Vehicle Phase-In Requirements

.

(A) A manufacturer of MDVs, other than a small volu me manufacturer, shall certify an equivalent percentage of its MDV f leet according to the following phase-in schedule:26

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Model

Year Vehicles Certified to

§1960.1(h)(1), (h)(2), and §1961(a)(1) (%) Vehicles Certified to §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 through

2014 + 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 smal l volume manufacturer must phase-in at least one test group per model year to the MDV LEV II standards. All 2007 through 2014 and subsequent model year MDVs, i ncluding those produced by a small volume manufacturer, are subject to the LEV II MDV standards. Beginning in the 2005 model year, all medium-duty e ngines certified to the optional medium-duty engine standards in title 13, CCR §1956.8(c) or (h), including those produced by a small volume manufact urer, 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 through 2014 and subsequent model years, each manufacturer’s MDV fleet shall be defined as the total number of California-certified MDVs produ ced and delivered for sale in California. The percentages shall be applied to th e manufacturers’ total production of California-certified medium-duty vehi cles delivered for sale in California. For the 2005 through 2014 and subsequen t model years, a manufacturer that elects to certify 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-certi fied medium-duty vehicles for purposes of this subsection.

* * * *

(E) For a manufacturer that elects to certify to t he optional mediumduty engine standards in title 13, CCR §1956.8(c) o r (h), all such 2005 through 2014 and subsequent model year MDVs, including thos e produced by a small volume manufacturer, shall be subject to the emissi ons averaging provisions applicable to heavy-duty diesel or Otto-cycle engin es as set forth in the27

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 “California Exhaust Emission Standards and Test Pro cedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines,” or the “California Exhaust

Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, incorporated by referenc e 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 through 2014 and subsequent model years, a manufacturer that achieves fleet average NMOG values lower than the f leet 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 S ale in California, Including ZEVs and HEVs).

A manufacturer with 2001 through 2014 and subsequen t model year fleet average NMOG values greater than the fleet average requirement for the corresponding model year shall receive debits in un its of g/mi NMOG equal to the amount of negative credits determined by the aforem entioned equation. For the 2001 through 2014 and subsequent model years, the t otal 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 cre dits or debits accrued by the manufacturer for the model year.

(2) Calculation of Vehicle Equivalent NMOG Credits for Medium-Duty

Vehicles

.

(A) In 2001 through 2014 and subsequent model years , a manufacturer that produces and delivers for sale in California M DVs in excess of the equivalent requirements for LEVs, ULEVs and/or SULEVs certifie d 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 rec eive “Vehicle-Equivalent Credits” (or “VECs”) calculated in accordance with the following equation, where the term “produced” means produced and delivered fo r sale in California:

* * * *

(3) Procedure for Offsetting Debits.

(A) A manufacturer shall equalize emission debits b y earning g/mi NMOG emission credits or VECs in an amount equal to the g/mi NMOG debits or28

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 VEDs, or by submitting a commensurate amount of g/m i NMOG credits or VECs to the Executive Officer that were earned previousl y or acquired from another manufacturer. For 2001 through 2003 and for 2007 t hrough 2014 and subsequent model years, manufacturers shall equaliz e 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 th e 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 43 211 civil penalty applicable

to a manufacturer which sells a new motor vehicle t hat 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 lig ht-duty trucks not meeting

the state board’s emission standards shall be deter mined by dividing the total amount of g/mi NMOG emission debits for the model y ear by the g/mi NMOG fleet average requirement for PCs and LDTs 0-3750 l bs. LVW applicable for the model year in which the debits were first incurred and the number of mediumduty vehicles not meeting the state board’s emissio n standards shall be equal to

the amount of VEDs incurred.

* * * *

(d) Test Procedures. The certification requirements and test procedur es for determining compliance with the emission standa rds in this section are set forth in the “California 2001 through 2014 Model Cr iteria Pollutant Exhaust
Emission Standards and Test Procedures and for 2001 2009 through 2016 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles,” as amended September 27, 2010 March 22, 2012, and t he “California NonMethane Organic Gas Test Procedures,” as amended Ju ly 30, 2002 March 22, 2012, which are incorporated herein by reference. In the case of hybrid electric vehicles and on-board fuel-fired heaters, the certi fication requirements and test procedures for determining compliance with the emis sion standards in this
section are set forth in the “California Exhaust Em ission Standards and Test Procedures for 2005 through 2008 Model Zero-Emissio n Vehicles, and 2001 through 2008 Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporate d by reference in section 1962, and the “California Exhaust Emission Standard s and Test Procedures for 2009 through 2017 and Subsequent Model Zero-Emissio n Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporated by reference in sect ion 1962.1, and the “California

Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Ve hicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Class es” incorporated by

reference in section 1962.2.29

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 * * * *

NOTE: Authority cited: Sections 39500, 39600, 396 01, 43013, 43018, 43101, 43104, and 43105, and 43106, Health and Safety Code. Referenc e: Sections 39002, 39003, 39667, 43000,
43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102 , 43104, 43105, 43106, 43204 and 43205, Health and Safety Code.30

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 § 1961.1. Greenhouse Gas Exhaust Emission Standard s and Test Procedures - 2009 through 2016 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

(a) Greenhouse Gas Emission Requirements. The greenhouse gas emission levels from new 2009 through 2016 and subs equent model year passenger cars, light-duty trucks, and medium-duty passenger vehicles shall not exceed the following requirements. Light-duty truc ks from 3751 lbs. LVW – 8500 lbs. GVW that are certified to the Option 1 LEV II NOx Standard in section 1961(a)(1) are exempt from these greenhouse gas emi ssion requirements, however, passenger cars, light-duty trucks 0-3750 l bs. LVW, and medium-duty passenger vehicles are not eligible for this exempt ion.

(1) Fleet Average Greenhouse Gas Requirements for Passe nger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicl es.

(A)(i) The fleet average greenhouse gas exhaust mas s emission values from passenger cars, light-duty trucks, and medium-duty passenger vehicles that are produced and delivered for sale i n California each model year by a large volume manufacturer shall not exceed:31

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

FLEET AVERAGE GREENHOUSE GAS
EXHAUST MASS EMISSION REQUIREMENTS FORPASSENGER CAR, LIGHT-DUTY TRUCK, AND MEDIUMDUTY PASSENGER VEHICLE WEIGHT CLASSES 1
(4,000 mile Durability Vehicle Basis)

Model Year Fleet Average Greenhouse Gas Emissions

(grams per mile CO 2 -equivalent) All PCs;

LDTs 0-3750 lbs.

LVW LDTs

3751 lbs. LVW - 8500 lbs. GVW; MDPVs

2009 323 439

2010 301 420

2011 267 390

2012 233 361

2013 227 355

2014 222 350

2015 213 341

2016+ 205 332

1 Each manufacturer shall demonstrate compliance wit h these values in accordance with section 1961.1(a)(1)(B).

1. For each model year, a manufacturer must demons trate compliance with the fleet average requirements in t his section 1961.1(a)(1)(A) based on one of two options applicable throughout t he model year, either:

Option 1: the total number of passenger cars, light -duty trucks, and medium-duty passenger vehicles that are certified t o the California exhaust emission standards in this section 1961.1, and are produced and delivered for sale in California; or

Option 2: the total number of passenger cars, light -duty trucks, and medium-duty passenger vehicles that are certified t o the California exhaust emission standards in this section 1961.1, and are produced and delivered for sale in California, the District of Columbia, and a ll states that have adopted California's greenhouse gas emission standards for that model year pursuant to Section 177 of the federal Clean Air Act (42 U.S.C. § 7507).

a. For the 2009 and 2010 model years, a manufacture r that selects compliance Option 2 must notify the Executi ve Officer of that selection, in writing, within 30 days of the effective date of th e amendments to this section (a)(1)(A)1 or must comply with Option 1.32

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

b. For the 2011 through 2016 and later model years, a manufacturer that selects compliance Option 2 must notify the Executive Officer of that selection, in writing, prior to the start o f the applicable model year or must comply with Option 1.

c. When a manufacturer is demonstrating compliance using Option 2 for a given model year, the term "in Calif ornia" as used in subsections 1961.1(a)(1)(B)3. and 1961.1 (b) means California, the District of Columbia, and all states that have adopted California's greenhous e gas emission standards for that model year pursuant to Section 177 of the fede ral Clean Air Act (42 U.S.C. § 7507).

d. A manufacturer that selects compliance Option 2 must provide to the Executive Officer separate values fo r the number of vehicles produced and delivered for sale in the District of Columbia and for each individual state within the average.

(A)(ii) For the 2012 through 2016 model years, a ma nufacturer may elect to demonstrate compliance with this secti on 1961.1 by demonstrating compliance with the 2012 through 2016 MY National g reenhouse gas program as

follows: 1. A manufacturer that selects compliance with thi s option 1961.1(a)(1)(A)(ii) must notify the Executive Offic er of that selection, in writing, prior to the start of the applicable model year or must comply with 1961.1(a)(1)(A)(i).;

2. The manufacturer must submit to ARB a copy of th e Model Year CAFE report that it submitted to EPA as requir ed under 40 CFR §86.1865- 12 (May 7, 2010) (as proposed at 74 Fed. Reg. 49454 , 49760 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed. Reg. [insert page] (April [insert date], 2010), for demonstrating compliance with the 2012 through 2016 MY National greenhouse gas program and the EPA dete rmination of compliance. These must be submitted within 30 days of receipt o f the EPA determination of compliance, for each model year that a manufacturer selects compliance with this option 1961.1(a)(1)(A)(ii);. and

3. The manufacturer must provide to the Executive O fficer separate values for the number of vehicles produced and delivered for sale in California, the District of Columbia, and each indi vidual state that has adopted California's greenhouse gas emission standards for that model year pursuant to Section 177 of the federal Clean Air Act (42 U.S.C. § 7507); and33

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

34. If a manufacturer has outstanding greenhouse ga s debits at the end of the 2011 model year, as calculated in ac cordance with 1961.1(b), the

manufacturer must submit to the Executive Officer a plan for offsetting all outstanding greenhouse gas debits by using greenhou se gas credits earned under the 2012 through 2016 MY National greenhouse gas program before applying those credits to offset any 2012 through 2 016 MY National greenhouse gas program debits. Upon approval of the plan by t he Executive Officer, the manufacturer may demonstrate compliance with this s ection 1961.1 by demonstrating compliance with the 2012 through 2016 MY National greenhouse gas program. Any California debits not offset by t he end of the 2016 model year National greenhouse gas program reporting period ar e subject to penalties as provided in this Section 1961.1.

* * * *

(C) Requirements for Intermediate Volume Manufacturers.

* * * *

3. In the 2016 and subsequent model years, an inter mediate

volume manufacturer shall either:

a. not exceed a fleet average greenhouse gas emissi ons value of 233 g/mi for PCs and LDT1s and 361 g/mi for LDT2 s and MDPVs, or

b. not exceed a fleet average greenhouse gas value of 0.75 times the baseline fleet average greenhouse gas val ue for PCs and LDT1s and 0.82 times the baseline fleet average greenhouse ga s value for LDT2s and MDPVs, as calculated in section 1961.1(a)(1)(C)2.

* * * *

(D) Requirements for Small Volume Manufacturers and Independent Low Volume Manufacturers.

* * * *

3. In the 2016 and subsequent model years, a small volume manufacturer and an independent low volume manufact urer shall either:

a. not exceed the fleet average greenhouse gas emis sions value calculated for each GHG vehicle test group fo r which a comparable vehicle is sold by a large volume manufacturer, in accorda nce with section 1961.1(a)(1)(D)2; or

b. not exceed a fleet average greenhouse gas emissi ons value of 233 g/mi for PCs and LDT1s and 361 g/mi for LDT2 s and MDPVs; or34

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

c. upon approval of the Executive Officer, if a sma ll volume

manufacturer demonstrates a vehicle model uses an e ngine, transmission, and emission control system that is identical to a conf iguration certified for sale in California by a large volume manufacturer, those sm all volume manufacturer vehicle models are exempt from meeting the requirem ents in paragraphs 3.a.

and b. of this section.

* * * *

(b) Calculation of Greenhouse Gas Credits/Debits.

(1) Calculation of Greenhouse Gas Credits for PassengerCars, LightDuty Trucks, and Medium-Duty Passenger Vehicles.

* * * *

(B) In 2009 through 2016 and subsequent model year s, a manufacturer that achieves fleet average Greenhouse Gas values lower than the fleet average Greenhouse Gas requirement for the co rresponding model year shall receive credits in units of g/mi Greenhouse G as determined as:

[(Fleet Average Greenhouse Gas Requirement) - (Manu facturer’s Fleet Average Greenhouse Gas Value)] x (Total No. of Vehicles Pro duced and Delivered for Sale in California, Including ZEVs and HEVs).

(2) A manufacturer with 2009 through 2016 and subse quent model year fleet average Greenhouse Gas values greater th an the fleet average requirement for the corresponding model year shall receive debits in units of g/mi Greenhouse Gas equal to the amount of negative cred its determined by the aforementioned equation. For the 2009 through 2016 and subsequent model years, the total g/mi Greenhouse Gas credits or deb its earned for PCs and LDT1s and for LDT2s and MDPVs shall be summed toget her. The resulting amount shall constitute the g/mi Greenhouse Gas cre dits or debits accrued by the manufacturer for the model year.

(3) Procedure for Offsetting Greenhouse Gas Debits.

* * * *

(B) Greenhouse Gas emission credits earned in the 2000 through 2008 model years shall be treated as if they were e arned in the 2011 model year and shall retain full value through the 2012 model year. Greenhouse Gas emission credits earned in the 2009 through 2016 an d subsequent model years shall retain full value through the fifth model yea r after they are earned. The value of any credits earned in the 2000 through 200 8 model years that are not35

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 used to equalize debits accrued in the 2009 through 2012 model years shall be discounted by 50% at the beginning of the 2013 mode l year, shall be discounted to 25% of its original value if not used by the beg inning of the 2014 model year, and will have no value if not used by the beginning of the 2015 model year. Any credits earned in the 2009 through 2016 and subsequ ent model years that are not used by the end of the fifth model year after t hey are accrued shall be discounted by 50% at the beginning of the sixth mod el year after being earned, shall be discounted to 25% of its original value if not used by the beginning of the seventh model year after being earned, and will hav e no value if not used by the beginning of the eighth model year after being earn ed.

(c) Test Procedures. The certification requirements and test procedur es for determining compliance with the emission standa rds in this section are set forth in the “California 2001 through 2014 Model Cr iteria Pollutant Exhaust
Emission Standards and Test Procedures and for 2001 2009 through 2016 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles,” incorporated by reference in section 1961(d). In t he case of hybrid electric vehicles and on-board fuel-fired heaters, the certi fication requirements and test procedures for determining compliance with the emis sion standards in this
section are set forth in the “California Exhaust Em ission Standards and Test Procedures for 2009 through 2017 2005 and Subsequen t Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Elec tric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Veh icle Classes,” incorporated by reference in section 1962.1.

* * * *

(e) Definitions Specific to this Section. The following definitions apply to

this section 1961.1:

* * * *

(7) “2012 through 2016 MY National greenhouse gas program” means the national program that applies to new 2012 throu gh 2016 model year passenger cars, light-duty trucks, and medium-duty passenger vehicles as proposed by the U.S. Environmental Protection Agenc y at 74 Fed.Reg. 49454 (September 28, 2009) and adopted by the U.S. Enviro nmental Protection Agency at EPA on April 1, 2010, 75 Fed.Reg. 25324 [insert page], (May 7, 2010) April [insert date], 2010, as incorporated in and amended by the " California 2001 through 2014 Model Criteria Pollutant Exhaust Emiss ion Standards and Test Procedures and for 2001 2009 through 2016 and Subse quent Model
Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.”36

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 * * * *

(9) “Optional GHG Test Vehicle Configuration” mean s any GHG vehicle configuration that is selected for testing by the manufacturer as allowed by section G.2.3 of the “California 2001 through 20 14 Model Criteria Pollutant

Exhaust Emission Standards 4and Test Procedures and for 2001 2009 through 2016 and Subsequent Model Greenhouse Gas Exhaust Em ission Standards and Test Procedures for Passenger Cars, Light-Duty Truc ks, and Medium-Duty Vehicles,” other than the worst-case configuration.

* * * *

NOTE: Authority cited: Sections 39500, 39600, 396 01, 43013, 43018, 43018.5, 43101, 43104 and 43105, Health and Safety Code. Reference: Sect ions 39002, 39003, 39667, 43000,
43009.5, 43013, 43018, 43018.5, 43100, 43101, 43101 .5, 43102, 43104, 43105, 43106, 43204, 43205 and 43211, Health and Safety Code.37

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Note: The entire text of section 1961.2 set forth b elow is new language and is shown in “normal type” proposed to be added to the California Code of Regulations.

Adopt new Sections 1961.2, Title 13, California Cod e of Regulations to read

as follows:

§ 1961.2. Exhaust Emission Standards and Test Proc edures - 2015 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty

Vehicles.

Introduction. This section 1961.2 contains the California “LEV I II” exhaust emission standards for 2015 and subsequent model ye ar passenger cars, lightduty trucks, and medium-duty vehicles. A manufactu rer must demonstrate compliance with the exhaust standards in subsection (a) applicable to specific test groups, and with the composite phase-in requir ements in subsection (b) applicable to the manufacturer’s entire fleet.

Before the 2015 model year, a manufacturer that pro duces vehicles that meet the standards in subsection (a) has the option of certi fying the vehicles to those standards, in which case the vehicles will be treat ed as LEV III vehicles for purposes of the fleet-wide phase-in requirements. Similarly, 2015 - 2019 modelyear vehicles may be certified to the “LEV II” exha ust emission standards in subsection 1961(a)(1), in which case the vehicles w ill be treated as LEV II vehicles for purposes of the fleet-wide phase-in re quirements.

A manufacturer has the option of certifying engines used in incomplete and diesel medium-duty vehicles with a gross vehicle we ight rating of greater than 10,000 lbs. GVW to the heavy-duty engine standards and test procedures set forth in title 13, CCR, subsections 1956.8(c) and ( h). All medium-duty vehicles with a gross vehicle weight rating of less than or equal to 10,000 lbs. GVW, including incomplete otto-cycle medium-duty vehicle s and medium-duty vehicles that use diesel cycle engines, must be certified to the LEV III chassis standards and test procedures set forth in this section 1961. 2.

Pooling Provision

.

For each model year, a manufacturer must demonstrat e compliance with this section 1961.2 based on one of two options applicab le throughout the model year, either:

Option 1: the total number of passenger cars, light -duty trucks, and medium-duty vehicles that are certified to the Cali fornia exhaust emission standards in subsection (a) and subsection 1961(a)( 1), and are produced and delivered for sale in California; or38

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Option 2: the total number of passenger cars, light -duty trucks, and medium-duty vehicles that are certified to the Cali fornia exhaust emission standards in subsection (a) and subsection 1961(a)( 1), and are produced and delivered for sale in California, the District of C olumbia, and all states that have adopted California's criteria pollutant emission st andards set forth in this section 1961.2 for that model year pursuant to section 177 of the federal Clean Air Act (42 U.S.C. § 7507).

A manufacturer that selects compliance Option 2 mus t notify the Executive Officer of that selection in writing prior to the start of the applicable model year or must comply with Option 1. Once a manufacturer has sele cted compliance Option 2, that selection applies unless the manufacturer sele cts Option 1 and notifies the Executive Officer of that selection in writing befo re the start of the applicable model

year.

When a manufacturer is demonstrating compliance usi ng Option 2 for a given model year, the term "in California" as used in thi s section 1961.2 means California, the District of Columbia, and all state s that have adopted California's criteria pollutant emission standards set forth in this section 1961.2 for that model year pursuant to Section 177 of the federal Clean A ir Act (42 U.S.C. § 7507).

(a) Exhaust Emission Standards.

(1) “LEV III” Exhaust Standards . The following standards are the

maximum exhaust emissions for the full useful life from new 2015 and subsequent model year “LEV III” passenger cars, lig ht-duty trucks, and mediumduty vehicles, including fuel-flexible, bi-fuel and dual-fuel vehicles when operating on the gaseous or alcohol fuel they are designed to use. 2015 – 2019 modelyear LEV II LEV vehicles may be certified to the NM OG+NOx numerical values for LEV160, LEV395, or LEV630, as applicable, in th is subsection (a)(1) and the corresponding NMOG+NOx numerical values in subsecti on (a)(4), in lieu of the separate NMOG and NOx exhaust emission standards in subsections 1961(a)(1) and 1961(a)(4); LEV II ULEV vehicles may be certifi ed to the NMOG+NOx numerical values for ULEV125, ULEV340, or ULEV570, as applicable, in this subsection (a)(1) and the corresponding NMOG+NOx nu merical values in subsection (a)(4), in lieu of the separate NMOG and NOx exhaust emission standards in subsections 1961(a)(1) and 1961(a)(4); and LEV II SULEV vehicles may be certified to the NMOG+NOx numerical values f or SULEV30, SULEV170, or SULEV230, as applicable, in subsection (a)(1) an d the corresponding NMOG+NOx numerical values in subsection (a)(4), in lieu of the separate NMOG

and NOx exhaust emission standards in subsections 1 961(a)(1) and 1961(a)(4).

Such vehicles will be treated as LEV II vehicles fo r purposes of the fleet-wide phase-in requirements.39

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 LEV III Exhaust Mass Emission Standards for New 201 5 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium -Duty Vehicles

Vehicle Type Durability

Vehicle

Basis (mi) Vehicle

Emission Category

2 NMOG +

Oxides of Nitrogen (g/mi) Carbon

Monoxide (g/mi) Formaldehyde

(mg/mi) Particulates 1

(g/mi)

All PCs;

LDTs 8500 lbs. GVWR or less;

MDPVs

Vehicles in this category

are tested at their loaded vehicle weight 150,000 LEV160 0.160 4.2 4 0.01

ULEV125 0.125 2.1 4 0.01

ULEV70 0.070 1.7 4 0.01

ULEV50 0.050 1.7 4 0.01

SULEV30 0.030 1.0 4 0.01

SULEV20 0.020 1.0 4 0.01

MDVs 8501 - 10,000 lbs.
GVWR

Vehicles in this category

are tested at their adjusted loaded vehicle weight 150,000 LEV395 0.395 6.4 6 0.12

ULEV340 0.340 3.2 6 0.06

ULEV250 0.250 2.6 6 0.06

ULEV200 0.200 2.6 6 0.06

SULEV170 0.170 1.5 6 0.06

SULEV150 0.150 1.5 6 0.06

MDVs 10,001-14,000 lbs.

GVWR

Vehicles in this category

are tested at their adjusted loaded vehicle weight 150,000 LEV630 0.630 7.3 6 0.12

ULEV570 0.570 3.7 6 0.06

ULEV400 0.400 3.0 6 0.06

ULEV270 0.270 3.0 6 0.06

SULEV230 0.230 1.7 6 0.06

SULEV200 0.200 1.7 6 0.06

1 These standards shall apply only to vehicles not included in the phase-in of the particulate standar ds set forth in subsection (a)(2).

2 The numeric portion of the category name is the N MOG+NOx value in thousandths of grams per mile.

(2) “LEV III” Particulate Standards.

(A) Particulate Standards for Passenger Cars, Light-Dut y Trucks, and Medium-Duty Passenger Vehicles. Beginning in the 2017 model year, a manufacturer, except a small volume manufacturer, s hall certify a percentage of its passenger car, light-duty truck, and medium- duty vehicle fleet to the following particulate standards according to the fo llowing phase-in schedule. These standards are the maximum particulate emissio ns allowed at full useful life. All vehicles certifying to these particulate standards must certify to the

LEV III exhaust emission standards set forth in sub section (a)(1).40

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

LEV III Particulate Emission Standard Values and Phase-in for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles

Model

Year % of vehicles

certified to a 3 mg/mi

standard % of vehicles

certified to a 1 mg/mi

standard

2017 10 0

2018 20 0

2019 40 0

2020 70 0

2021 100 0

2022 100 0

2023 100 0

2024 100 0

2025 75 25

2026 50 50

2027 25 75

2028 and subsequent 0 100

(B) Particulate Standards for Medium-Duty Vehicles Othe r than Medium-Duty Passenger Vehicles

.

1. Beginning in the 2017 model year, a manufacture r, except a small volume manufacturer, shall certify a percenta ge of its medium-duty vehicle fleet to the following particulate standard s. These standards are the maximum particulate emissions allowed at full u seful life. All vehicles certifying to these particulate standards must cert ify to the LEV III exhaust emission standards set forth in subsection (a)(1). This subsection (a)(2)(B)1 shall not apply to medium-duty passenger vehicles.

LEV III Particulate Emission Standard Values for Medium-Duty Vehicles, Other than Medium-Duty Passenger Vehicles

Vehicle Type 1 Particulates (mg/mi)

MDVs 8501 - 10,000 lbs. GVWR, excluding MDPVs 8

MDVs 10,001 - 14,000 lbs. GVWR 10

1 Vehicles in these categories are tested at their a djusted loaded vehicle weight.41

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

2. A manufacturer of medium-duty vehicles, except a small volume manufacturer, shall certify at least the following percentage of its mediumduty vehicle fleet to the particulate standards in subsection (a)(2)(B)1 according to the following phase-in schedule. This subsection (a)(2)(B)2 shall not apply to medium-duty passenger vehicles.

LEV III Particulate Emission Standard Phase-in for MediumDuty Vehicles, Other than Medium-Duty Passenger Veh icles

Model Year Total % of MDVs certified to the 8 mg/mi PM Standard or to the 10 mg/mi PM Standard, as applicable

2017 10

2018 20

2019 40

2020 70 2021 and subsequent 100

(C) Particulate Standards for Small Volume Manufacturer s. In the 2021 through 2027 model years, a small volume manuf acturer shall certify 100 percent of its passenger car, light-duty truck, and medium-duty passenger vehicle fleet to the 3 mg/mi particulate standard. In the 2028 and subsequent model years, a small volume manufacturer shall certify 100 percent of its passenger car, light-duty truck, and medium-duty passenger vehicle fleet to the 1 mg/mi particulate standard. In the 2021 and subsequent model years, a small volume manufacturer shall cert ify 100 percent of its medium-duty vehicles 8501 - 10,000 lbs. GVWR, exclu ding MDPVs, to the 8 mg/mi particulate standard. In the 2021 and subseq uent model years, a small volume manufacturer shall certify 100 percent of it s medium-duty vehicles 10,001 - 14,000 lbs. GVWR to the 10 mg/mi particula te standard. These standards are the maximum particulate emissions all owed at full useful life. All vehicles certifying to these particulate standa rds must certify to the LEV III

exhaust emission standards set forth in subsection (a)(1).

(D) Alternative Phase-in Schedule for Particulate Stand ards.

1. Alternative Phase-in Schedules for the 3 mg/mi Part iculate Standard for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. A manufacturer may use an alternative phase-in schedule to comply with the 3 mg/mi particulate sta ndard phase-in requirements as long as equivalent PM emission redu ctions are achieved by the 2021 model year from passenger cars, light-d uty trucks, and medium-duty passenger vehicles. Model year emissio n reductions shall be calculated by multiplying the percent of PC+LDT+ MDPV vehicles meeting the 3 mg/mi particulate standard in a given model year (based on42

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 a manufacturer's projected sales volume of vehicles in each category) by 5 for the 2017 model year, 4 for the 2018 model yea r, 3 for the 2019 model year, 2 for the 2020 model year, and 1 for th e 2021 model year. The yearly results for PC+LDT+MDPV vehicles shall b e summed together
to determine a cumulative total for PC+LDT+MDPV veh icles. The cumulative total must be equal to or greater than 4 90 in the 2021 model year to be considered equivalent. A manufacturer m ay add vehicles introduced before the 2017 model year (e.g., the pe rcent of vehicles introduced in 2016 would be multiplied by 5) to the cumulative total.

2. Alternative Phase-in Schedules for the 1 mg/mi Part iculate Standard for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. A manufacturer may use an alternative phase-in schedule to comply with the 1 mg/mi particulate sta ndard phase-in requirements as long as equivalent PM emission redu ctions are achieved by the 2028 model year from passenger cars, light-d uty trucks, and medium-duty passenger vehicles. Model year emissio n reductions shall be calculated by multiplying the percent of PC+LDT+ MDPV vehicles meeting the 1 mg/mi particulate standard in a given model year (based on a manufacturer's projected sales volume of vehicles in each category) by 4 for the 2025 model year, 3 for the 2026 model yea r, 2 for the 2027 model year, and 1 for the 2028 model year. The yea rly results for PC+LDT+MDPV vehicles shall be summed together to de termine a
cumulative total for PC+LDT+MDPV vehicles. The cum ulative total must be equal to or greater than 500 in the 2028 model y ear to be considered equivalent. A manufacturer may add vehicles introd uced before the 2025 model year (e.g., the percent of vehicles introduce d in 2024 would be multiplied by 4) to the cumulative total.

3. Alternative Phase-in Schedules for the Particulate Standards for Medium-Duty Vehicles Other than Medium-Duty Passeng er Vehicles. A manufacturer may use an alternative phase-in schedu le to comply with the particulate standard phase-in requirements as long as equivalent PM emission reductions are achieved by the 2021 model year from mediumduty vehicles other than medium-duty passenger vehi cles. Model year emission reductions shall be calculated by multiply ing the total percent of MDVs certified to the 8 mg/mi PM standard or to the 10 mg/mi PM standard, as applicable, in a given model year (bas ed on a manufacturer's projected sales volume of vehicles in each category ) by 5 for the 2017 model year, 4 for the 2018 model year, 3 for the 20 19 model year, 2 for the 2020 model year, and 1 for the 2021 model year. The yearly results for MDVs shall be summed together to determine a cu mulative total for MDVs. The cumulative total must be equal to or gre ater than 490 in the 2021 model year to be considered equivalent. A man ufacturer may add vehicles introduced before the 2017 model year (e.g ., the percent of43

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 vehicles introduced in 2016 would be multiplied by 5) to the cumulative

total.

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

Vehicles . For fuel-flexible, bi-fuel, and dual-fuel PCs, L DTs and MDVs, compliance with the NMOG+NOx exhaust mass emission standards must be

based on exhaust emission tests both when the vehic le 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 complia nce with the applicable exhaust mass emission standards for NMOG+NOx, CO, a nd formaldehyde set forth in the table in subsection (a)(1) when certif ying the vehicle for operation on the gaseous or alcohol fuel, as applicable, and on gasoline or diesel, as applicable.

A manufacturer may measure NMHC in lieu of NMOG whe n fuel-flexible, bi-fuel and dual-fuel vehicles are operated on gasoline, in accordance with the “California 2015 and Subsequent Model Criteria Poll utant Exhaust Emission Standards and Test Procedures and 2017 and Subseque nt Model Greenhouse

Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.” Test ing at 50 o F is not required for fuel-flexible, bi-fuel, and dual-fuel vehicles when operating on gasoline.

(4) 50°F Exhaust Emission Standards. All passenger cars, light-duty trucks, and medium-duty vehicles, other than natura l gas and diesel-fueled vehicles, must demonstrate compliance with the foll owing exhaust emission standards for NMOG+NOx and formaldehyde (HCHO) meas ured on the FTP (40 CFR, Part 86, Subpart B) conducted at a nominal tes t temperature of 50°F, as modified by Part II, Section C of the “California 2015 and Subsequent Model

Criteria Pollutant Exhaust Emission Standards and T est Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emissio n Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles.” A manufacturer may demonstrate compliance with the NMOG+NOx and HCHO certification standards contained in this subparagr aph by measuring NMHC exhaust emissions or issuing a statement of complia nce for HCHO in accordance with Section D.1, subparagraph (p) and Section G.3. 1.2, respectively, of the “California 2015 and Subsequent Model Criteria Poll utant Exhaust Emission Standards and Test Procedures and 2017 and Subseque nt Model Greenhouse

Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.” Emis sions of CO measured at

50° F shall not exceed the standards set forth in s ubsection (a)(1) applicable to vehicles of the same emission category and vehicle type subject to a cold soak

and emission test at 68° to 86° F.44

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(A) Standards for Passenger Cars, Light-Duty Trucks, an d MediumDuty Passenger Vehicles Certified to the LEV III St andards.

50 o F Exhaust Emission Standards for LEV III Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger

Vehicles

Vehicle Emission Category NMOG + NOx (g/mi) HCHO

(g/mi)

Gasoline Alcohol

Fuel Both Gasoline

and Alcohol Fuel

LEV160 0.320 0.320 0.030

ULEV125 0.250 0.250 0.016

ULEV70 0.140 0.250 0.016

ULEV50 0.100 0.140 0.016

SULEV30 0.060 0.125 0.008

SULEV20 0.040 0.075 0.00845

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(B) Standards for Medium-Duty Vehicles (Excluding MDPV s)

Certified to the LEV III Standards.

50 o F Exhaust Emission Standards for LEV III Medium-Dut y

Vehicles (Excluding MDPVs)

Vehicle Emission Category NMOG + NOx (g/mi) HCHO

(g/mi)

Gasoline Alcohol

Fuel Both Gasoline and

Alcohol Fuel

LEV395 0.790 0.790 0.064

ULEV340 0.680 0.680 0.032

ULEV250 0.500 0.500 0.032

ULEV200 0.400 0.500 0.016

SULEV170 0.340 0.425 0.016

SULEV150 0.300 0.375 0.016

LEV630 1.260 1.260 0.080

ULEV570 1.140 1.140 0.042

ULEV400 0.800 0.800 0.042

ULEV270 0.540 0.675 0.020

SULEV230 0.460 0.575 0.020

SULEV200 0.400 0.500 0.020

(5) Cold CO Standard . The following standards are the 50,000 mile cold temperature exhaust carbon monoxide emission l evels from new 2015 and subsequent model-year passenger cars, light-duty tr ucks, and medium-duty passenger vehicles:46

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 2015 AND SUBSEQUENT MODEL-YEAR COLD TEMPERATURE

CARBON MONOXIDE EXHAUST EMISSIONS STANDARDS FOR

PASSENGER CARS, LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY PASSENGER VEHICLES (grams per mile)

Vehicle Type Carbon

Monoxide
All PCs, LDTs 0-3750 lbs. LVW; 10.0

LDTs, 3751 lbs. LVW - 8500 lbs. GVWR;

MDPVs 10000 lbs. GVWR and less 12.5

These standards apply to vehicles tested at a nomin al temperature of 20 o F (-7 o C) in accordance with 40 CFR Part 86 Subpart C, as ame nded by the “California 2015 and Subsequent Model Criteria Pollutant Exhaus t Emission Standards and Test Procedures and 2017 and Subsequent Model Green house Gas Exhaust Emission Standards and Test Procedures for Passenge r Cars, Light-Duty Trucks, and Medium-Duty Vehicles.” Natural gas, di esel-fueled and zeroemission vehicles are exempt from these standards.

(6) Highway NMOG + NOx Standard. The maximum emissions of nonmethane organic gas plus oxides of nitrogen measure d on the federal Highway Fuel Economy Test (HWFET; 40 CFR 600 Subpart B), as modified by the “California 2015 and Subsequent Model Criteria Poll utant Exhaust Emission Standards and Test Procedures and 2017 and Subseque nt Model Greenhouse

Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” must not be greater than the applicable LEV III NMOG+NOx standard set forth in s ubsection (a)(1). Both the

sum of the NMOG+NOx emissions and the HWFET standar d must be rounded in accordance with ASTM E29-67 to the nearest 0.001 g/ mi before being compared.

(7) Supplemental Federal Test Procedure (SFTP) Off-Cycl e Emission
Standards.

(A) SFTP NMOG+NOx and CO Exhaust Emission Standards for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. Manufacturers shall certify 2015 and subsequent mod el year LEVs, ULEVs, and SULEVs in the PC, LDT, and MDPV classes to either t he SFTP NMOG+NOx and

CO Stand-Alone Exhaust Emission Standards set forth in subsection (a)(7)(A)1,

or in accordance with the SFTP NMOG+NOx and CO Composite Exhaust Emission Standards and Fleet-Average Requirements set forth in subsection (a)(7)(A)2

. A manufacturer may also certify 2014 model LEVs, ULEVs, or SULEVs in the PC, LDT, or MDPV classes to LEV III S FTP standards, in which47

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 case, the manufacturer shall be subject to the LEV III SFTP emission standards and requirements, including the sales-weighted flee t-average NMOG+NOx composite emission standard applicable to 2015 mode l vehicles if choosing to comply with the SFTP NMOG+NOx and CO Composite Exhaust Emission Standards and Fleet-Average Requirements set forth in subsection (a)(7)(A)2. The manufacturer shall notify the Executive Officer of its selected emission standard type in the Application for Certification of the first test group certifying to SFTP NMOG+NOx and CO emission standards on a 150,00 0 mile durability basis. Once an emission standard type for NMOG+NOx and CO is selected for a fleet, and the Executive Officer is notified of suc h selection, the selection must be kept through the 2025 model year for the entire fle et, which includes LEV II vehicles if selecting to comply with subsection (a) (7)(A)2. The manufacturer may not change its selection until the 2026 model year. Test groups not certifying to the 150,000-mile SFTP NMOG+NOx and CO emission stan dards pursuant to this subsection (a)(7)(A) shall be subject to the 4,000- mile SFTP NMOG+NOx and

CO emission standards set forth in subsection 1960. 1(r).

1. SFTP NMOG+NOx and CO Exhaust Stand-Alone Emission

Standards . The following standards are the maximum SFTP NMO G+NOx and CO exhaust emissions through full useful life f rom 2015 and subsequent model-year LEV III LEVs, ULEVs, and SULEVs when ope rating on the same gaseous or liquid fuel they use for FTP certificati on. In the case of fuelflexible vehicles, SFTP compliance shall be demonst rated using the LEV III certification gasoline specified in Part II, Sectio n A.100.3.1.2 of the “California 2015 and Subsequent Model Criteria Pollutant Exhaus t Emission Standards and Test Procedures and 2017 and Subsequent Model G reenhouse Gas

Exhaust Emission Standards and Test Procedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles.”48

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 SFTP NMOG+NOx and CO Stand

- Alone Exhaust Emission Standards for 2015 and Subsequent Model LEV III Passenger Cars, L ight-Duty Trucks, and Medium-Duty Passenger Vehicles

Vehicle Type Durability

Vehicle

Basis (mi) Vehicle

Emission Category 1 US06 Test

(g/mi) SC03 Test

(g/mi)

NMOG +

NOx CO NMOG +

NOx CO

All PCs; LDTs 0- 8,500 lbs. GVWR; and

MDPVs

Vehicles in these categories are tested at

their loaded vehicle weight (curb weight plus 300 pounds). 150,000 LEV 0.140 9.6 0.100 3.2

ULEV 0.120 9.6 0.070 3.2

SULEV (Option A) 2 0.060 9.6 0.020 3.2

SULEV 0.050 9.6 0.020 3.2

1 Vehicle Emission Category . Manufacturers must certify all vehicles, which a re certifying to a LEV III FTP emission category on a 150,000-mile durability basi s, to the emission standards of the equivalent, or a more stringent, SFTP emission category set forth on this table. That is, all LEV III LEVs certified t o 150,000-mile FTP emission standards shall comply wi th the SFTP LEV emission standards in this table, all LEV III ULEVs certified to 150,000-mile FTP emi ssion standards shall comply with the SFTP ULEV emission standards in this table, and all LEV III S ULEVs certified to 150,000-mile FTP emission standa rds shall comply with the SFTP SULEV emission standards in this table.

2 Optional SFTP SULEV Standards. A manufacturer may certify light-duty truck test gr oups from 6,001 to 8,500 lbs. GVWR and MDPV test groups to the SULEV, option A, emission standards set forth in this table for the 2015 through 2020 model year, only if the vehicles in the test group are equipped with a particulate filter and the manufacturer extends the particulate filter emission warranty mileage to 20 0,000 miles. Passenger cars and light-duty trucks 0-6,00 0 lbs. GVWR are not eligible for this option.

2. SFTP NMOG+NOx and CO Composite Exhaust Emission
Standards . For the 2015 and subsequent model years, a manuf acturer selecting this option must certify LEV II and LEV I II LEVs, ULEVs, and SULEVs, such that the manufacturer’s sales-weighted fleet-average NMOG+NOx composite emission value does not exceed t he applicable NMOG+NOx composite emission standard set forth in t he following table. In addition, the CO composite emission value of any LE V III test group shall not exceed the CO composite emission standard set forth in the following table. SFTP compliance shall be demonstrated using the sam e gaseous or liquid

fuel used for FTP certification. In the case of fu el-flexible vehicles, SFTP compliance shall be demonstrated using the LEV III certification gasoline specified in Part II, Section A.100.3.1.2 of the “C alifornia 2015 and Subsequent Model Criteria Pollutant Exhaust Emissio n Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenge r Cars, Light-Duty Trucks, and Medium-Duty Vehicles.”49

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 For each test group subject to this subsection, man ufacturers shall calculate a Composite Emission Value for NMOG+NOx and, for LEV III test groups, a separate Composite Emission Value for CO, using the following equation:

Composite Emission Value = 0.28 x US06 + 0.37 x SC0 3 + 0.35 x FTP [Eq. 1]

where “US06” = the test group’s NMOG+NOx or CO emi ssion value, as applicable, determined through the US06 test; “SC03” = the test group’s NMOG+NOx or CO emission v alue, as applicable, determined through the SC03 test; an d “FTP” = the test group’s NMOG+NOx or CO emission va lue, as applicable, determined through the FTP test.

If no vehicles in a test group have air conditionin g units, the FTP cycle emission value can be used in place of the SC03 cyc le emission value in Equation 1. To determine compliance with the SFTP NMOG+NOx composite emission standard applicable to the model year, man ufacturers shall use a sales-weighted fleet average of the NMOG+NOx compos ite emission values of every applicable test group. The sales-weighted fleet average shall be calculated using a combination of carry-over and ne w certification SFTP composite emission values (converted to NMOG+NOx, a s applicable). LEV II test groups will use their emission values in the f leet average calculation but will not be considered LEV III test groups. Compli ance with the CO composite emission standard cannot be demonstrated through fleet averaging. The NMOG+NOx sales-weighted fleet-avera ge composite emission value for the fleet and the CO composite e mission value for each test group shall not exceed:

SFTP NMOG+NOx and CO Composite Emission Stan dards for 2015 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles (g/mi) 1

Model Year 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025+
All PCs; LDTs 8,500
lbs. GVWR or less; and

MDPVs 3

Vehicles in this category

are tested at

their loaded

vehicle weight (curb weight plus

300 pounds). Sales-Weighted Fleet Average NMOG+NOx Composite Exh aust Emission
Standards

2,4,5,6

0.140 0.110 0.103 0.097 0.090 0.083 0.077 0.070 0.063 0.057 0.050

CO Composite Exhaust Emission Standard 7

4.2

1 Mileage for Compliance. All test groups certifying to LEV III FTP emission standards on a 150,000-mile durability basis shall also certify to the SFTP on a 150,000-mile durability basis, as tested in accor dance50

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 with the “California 2015 and Subsequent Model Crit eria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Green house Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Truc ks, and Medium-Duty Vehicles.”

2 Determining NMOG+NOx Composite Emission Values of L EV II Test Groups. For test groups certified to LEV II FTP emission standards, SFTP emission val ues shall be converted to NMOG+NOx and projected out to 120,000 miles or 150,000 miles (de pending on LEV II FTP certification) using deterioration factors or aged components. NMHC emi ssion values for the US06 and SC03 test cycles shall be converted to NMOG emission values by multi plying by a factor of 1.03. In lieu of deriving a deterioration factor specific to SFTP test cycles, carry-over test groups may use the applicable deterioration factor from the FTP cycle in order to determine the carry-over composite emission values for the purpose of the NMOG+NOx sales-weighted flee t-average calculation. If an SFTP full-useful life emission value is used to comply with SFTP 4k stand ards, that value may be used in the salesweighted fleet-average without applying an addition al deterioration factor.

3 MDPVs are excluded from SFTP NMOG+NOx and CO emiss ion standards and the sales-weighted fleet average until they are certified to LEV III FTP 150 ,000-mile NMOG+NOx and CO requirements.

4 Test groups shall certify to bins in increments of 0.010 g/mi. Beginning with the 2018 model year, vehicles may not certify to bin values above a maxi mum of 0.180 g/mi

. 5 Calculating the sales-weighted average for NMOG+NOx

. For each model year, the manufacturer shall calculate its sales-weighted fleet-average NMOG+NOx composite emission value as follows.



## ( ) ( )

( ) 

# ∑ ∑

= =      

×

n

i i n

i i i

group test the in vehicles of number bin of value composite group test the in vehicles of number

1 1

where "n" = a manufacturer’s total number of PC, LD T, and, if applicable, MDPV certification bins, in a given model year including carry-over certificati on bins, certifying to SFTP composite emission standards in that model year; “number of vehicles in the test group” = the number of vehicles produced and delivered for sale in California in the certification test group; and "Composite Value of Bin" = the numerica l value selected by the manufacturer for the

certification bin that serves as the emission stand ard for the vehicles in the test group with respect to all testing for test groups certifying to SFTP o n a 150,000-mile durability basis, and the SFTP carry-over composite emission value, as described i n footnote 7 of this table, for carry-over LEV II test groups.

6 Calculation of Fleet Average Total NMOG+NOx Credits or Debits. A manufacturer shall calculate the total NMOG+NOx credits or debits, as follows:

[(NMOG+NOx Composite Emission Standard) – (Manufact urer’s Sales-Weighted FleetAverage Composite Emission Value)] x (Total Number of Vehicles Produced and Delivered for Sale in California in the 0-8,500 lbs GVWR plus MDPVs classes, if applicable) [Eq. 3]

A negative number constitutes total NMOG+NOx debits , and a positive number constitutes total NMOG+NOx credits accrued by the manufacturer for th e given model year. Total NMOG+NOx credits earned in a given model year retain full value thro ugh the fifth model year after they are earned. At the beginning of the sixth model year, the total NMOG+N Ox credits have no value. A manufacturer may

trade credits with other manufacturers

A manufacturer shall equalize total NMOG+NOx debits within three model years after they have been incurred by earning NMOG+NOx credits in an amount e qual to the total NMOG+NOx debits. If total NMOG+NOx debits are not equalized within the three model-year period, the manufacturer is subject to the Health and Safety Code section 43211 civil pena lty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emi ssion standards adopted by the state board. The

cause of action shall be deemed to accrue when the total NMOG+NOx 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 vehicles not meeting the state board’s em ission standards is determined by dividing the NMOG+NOx debits for the model year by the NMOG+NOx composite emission standard in effect during the model year in which the debits were incu rred. [Eq. 2]51

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 7 Calculating the CO composite emission value. Composite emission values for CO shall be calculate d in accordance with Equation 1 above

. Unlike the NMOG+NOx composite emission standards, manufacturers would not be able to meet the propose d CO composite emission standard through fleet averaging: each individual test group must comply w ith the standard. Test groups certified to 4,000- mile SFTP emission standards are not subject to thi s CO emission standard.

(B) SFTP PM Exhaust Emission Standards for Passenger Ca rs, LightDuty Trucks, and Medium-Duty Passenger Vehicles. The following standards are the maximum PM exhaust emissions through the fu ll useful life from 2017 and subsequent model-year LEV III LEVs, ULEVs, and SULEVs in the PC, LDT, and MDPV classes when operating on the same gaseous or liquid fuel they use

for FTP certification. In the case of fuel-flexibl e vehicles, SFTP compliance shall be demonstrated using the LEV III certification gas oline specified in Part II,

Section A.100.3.1.2 of the “California 2015 and Sub sequent Model Criteria

Pollutant Exhaust Emission Standards and Test Proce dures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles.” Manufacturers must certify LEVs, ULEVs, and SULEVs in the PC, LDT, and MDPV classes, which are certifying to LEV III FTP P M emission standards in subsection (a)(2) on a 150,000-mile durability basi s, to the SFTP PM Exhaust

Emission Standards

set forth in this subsection (a)(7)(B).

SFTP PM Exhaust Emission Standards for 2017 and Sub sequent Model LEV III Passenger Cars, Light-Duty Trucks, an d Medium-Duty Passenger Vehicles 1

Vehicle Type Test Weight Mileage for Compliance Test

Cycle PM (mg/mi)

All PCs; LDTs 0-6,000 lbs GVWR Loaded vehicle weight 150,000 US06 10

LDTs 6,001-8,500 lbs GVWR;

MDPVs Loaded vehicle weight 150,000 US06 20

1 All PCs, LDTs, and MDPVs certified to LEV III FTP PM emission standards in subsection (a)(2) on a 150,000-mile durability basis shall comply wit h the SFTP PM Exhaust Emission Standards in

this table.

(C) SFTP NMOG+NOx and CO Exhaust Emission Standards for Medium-Duty Vehicles. The following standards are the maximum NMOG+NOx and CO composite emission values for full useful li fe of 2016 and subsequent model-year medium-duty LEV III ULEVs and SULEVs fr om 8,501 through 14,000 pounds GVWR when operating on the same gaseo us or liquid fuel they

use for FTP certification. In the case of flex-fue led vehicles, SFTP compliance shall be demonstrated using the LEV III certificati on gasoline specified in Part II,

Section A.100.3.1.2 of the “California 2015 and Sub sequent Model Criteria

Pollutant Exhaust Emission Standards and Test Proce dures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles.”52

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 The following composite emission standards do not a pply to MDPVs subject to the emission standards presented in subsections (a) (7)(A) and (a)(7)(B).

SFTP NMOG+NOx and CO Composite Exhaust Emission Sta ndards for 2016 and Subsequent Model ULEVs and SULEVs in the Medium-Dut y Vehicle Class

Vehicle Type Mileage for

Compliance HP/GVWR 2 Test Cycle 3,4,5 Vehicle

Emission Category

6 Composite Emission

Standard 1
(g/mi)

NMOG +

NOx Carbon

Monoxide

MDVs 8,501 - 10,000 lbs
GVWR 150,000 ≤ 0.024 US06 Bag 2, SC03, FTP ULEV 0.550 22.0

SULEV 0.350 12.0

> 0.024 Full US06,

SC03, FTP ULEV 0.800 22.0

SULEV 0.450 12.0

MDVs 10,001- 14,000 lbs
GVWR 150,000

n/a Hot 1435 UC (Hot 1435 LA92), SC03,

FTP ULEV 0.550 6.0

SULEV 0.350 4.0

1 Manufacturers shall use Equation 1 in subsection ( a)(7)(A)2 to calculate SFTP Composite Emission Values for each test group subject to the emission standards in this table. For MDVs 10,001-14,000 lbs. GVWR, the emission results from the UC test sh all be used in place of results from the US06

test.

2 Power to Weight Ratio. If all vehicles in a test group have a power to w eight ratio at or below a threshold of 0.024, they may opt to run the US06 Ba g 2 in lieu of the full US06 cycle. The cutoff is determined by using a ratio of the engine’s maximum rated horsepower, as established by the engine manufacturer in the vehicle’s Application for Certi fication, to the vehicle’s GVWR in pounds and does not include any horsepower contributed by electric motors in the case of hybrid electric or plug-in hybrid electric vehicles. Manufacturers may opt to test to the full cycle regardless of the calculate d ratio; in such case, manufacturers shall meet the e mission standards applicable to vehicles with power-to-weight ratios greater than 0.024.

3 Test Weight

. Medium-duty vehicles are tested at their adjusted loaded vehicl e weight (average of curb weight and GVWR).

4 Road Speed Fan. Manufacturers have the option to use a road speed m odulated fan as specified in 40-CFR § 86.107–96(d)(1) instead of a fixed speed f an for MDV SFTP testing.

5 If a manufacturer provides an engineering evaluat ion for a test group showing that SC03 emissions are equivalent to or lower than FTP emissions, the FTP emission value may be used in place of the SC03 emission value when determining the composite emission value for that test group.

6 Vehicle Emission Categories. For MDVs 8,501-10,000 lbs. GVWR, for each model y ear, the percentage of MDVs certified to an SFTP emission ca tegory set forth in this section 1961.2 shall be equal to or greater than the total percentage certi fied to the FTP ULEV250, ULEV200, SULEV170, and SULEV150 emission categories; of these vehicles , the percentage of MDVs certified to an SFTP SULEV emission category shall be equal to or greate r than the total percentage certified to both the FTP SULEV170 and SULEV150 emission categories. For MDVs 10,001-14,000 lbs. GVWR, for each model year, the percentage of MDVs certified to an SFTP emission category set forth in this section 1961.2 shall be equal to or greater than the total percentage certified to the FTP ULEV400, ULEV270, SULEV230, and SULEV200 emission categories; of thes e vehicles, the percentage of MDVs certified to an SFTP SULEV emission category shall be equal t o or greater than the total percentage certified

to both the FTP SULEV230 and SULEV200 emission cate gories.

(D) SFTP PM Exhaust Emission Standards for Medium-Duty

Vehicles. The following standards are the maximum PM compos ite emission values for the full useful life of 2017 and subsequ ent model-year LEV III LEVs, ULEVs, and SULEVs when operating on the same gaseou s or liquid fuel they

use for FTP certification. In the case of fuel-fle xible vehicles, SFTP compliance shall be demonstrated using the LEV III certificati on gasoline specified in Part II,53

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Section A.100.3.1.2 of the “California 2015 and Sub sequent Model Criteria

Pollutant Exhaust Emission Standards and Test Proce dures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles.” The following composite emission standards do not a pply to MDPVs subject to the emission standards set forth in subsections (a) (7)(A) and (a)(7)(B).

SFTP PM Exhaust Emission Standards for 2017 and Sub sequent Model MediumDuty Vehicles 1

Vehicle Type Test Weight Mileage for Compliance Hp/GVWR

2 Test Cycle 3,4 PM (mg/mi)

MDVs 8,501-10,000 lbs

GVWR Adjusted

loaded vehicle weight 150,000 ≤ 0.024 US06 Bag 2 7

>0.024 US06 10

MDVs 10,001-14,000 lbs

GVWR Adjusted

loaded vehicle weight 150,000 n/a Hot 1435 UC (Hot 1435 LA92) 7

1 Except for MDPVs subject to the emission standards set forth in subsection (a)(7)(B), MDVs certified to 150,000-mile FTP PM emission standards in subsection (a)(2) shall comply with the SFTP

PM Exhaust Emission Standards in this table.

2 Power to Weight Ratio. If all vehicles in a test group have a power to wei ght ratio at or below a threshold of 0.024, they may opt to run the US06 Ba g 2 in lieu of the full US06 cycle. The cutoff is determined by using a ratio of the engine’s horsepo wer to the vehicle’s GVWR in pounds and does not include any horsepower contributed by electric motors in the case of hybrid electric or plug-in hybrid electric vehicles. Manufacturers may opt to test to the full cycle regardless of the calculate d ratio; in such case, manufacturers shall meet the e mission standards applicable to vehicles with power-to-weight ratios greater than 0.024.

3 Road Speed Fan. Manufacturers have the option to use a road speed m odulated fan as specified in 40-CFR § 86.107–96(d)(1) instead of a fixed speed f an for MDV SFTP testing.

4 Manufacturers shall use Equation 1 above to calcul ate SFTP Composite PM Emission Values for each test group subject to the emission standards i n this table. For MDVs 8,501-10,000 lbs. GVWR certifying to the US06 Bag 2 PM emission standard, the emission results from the US06 Bag 2 test shall be used in place of results from the full US0 6 test. For MDVs 10,001-14,000 lbs. GVWR, the

emission results from the UC test shall be used in place of results from the US06 test.

(8) Interim In-Use Compliance Standards

.

(A) LEV III NMOG+NOx Interim In-Use Compliance Standard s. The following interim in-use compliance standards s hall apply for the first two model years that a test group is certified to the L EV III standards.

1. NMOG+NOx Interim In-Use Compliance Standards for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. For the 2015 through 2019 model years, these standa rds shall apply.54

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Emission Category Durability

Vehicle

Basis (miles) LEV III PCs,

LDTs, and

MDPVs

NMOG + NOx (g/mi)
LEV160 150,000 n/a

ULEV125 150,000 n/a

ULEV70 150,000 0.098

ULEV50 150,000 0.070

SULEV30 150,000 0.042 1

SULEV20 150,000 0.028 1

1 not applicable to test groups that receive PZEV cre dits

2. NMOG+NOx Interim In-Use Compliance Standards for Medium-Duty Vehicles, Excluding Medium-Duty Passeng er Vehicles. For the 2015 through 2020 model years, these standards shal l apply.

Emission Category Durability

Vehicle

Basis (miles) LEV III MDVs

(excluding MDPVs) 8,501 - 10,000 lbs.

GVW LEV III MDVs

10,001 - 14,000 lbs.

GVW

NMOG + NOx (g/mi) NMOG + NOx (g/mi)

LEV395 150,000 n/a n/a

ULEV340 150,000 n/a n/a

ULEV250 150,000 0.370 n/a

ULEV200 150,000 0.300 n/a

SULEV170 150,000 0.250 n/a

SULEV150 150,000 0.220 n/a

LEV630 150,000 n/a n/a

ULEV570 150,000 n/a n/a

ULEV400 150,000 n/a 0.600

ULEV270 150,000 n/a 0.400

SULEV230 150,000 n/a 0.340

SULEV200 150,000 n/a 0.30055

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(B) LEV III Particulate Interim In-Use Compliance Stand ards. The following interim in-use compliance standards shall apply for the first two model years that a test group is certified to the LEV III standards.

1. LEV III Particulate Interim In-Use Compliance Stand ards for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. For the 2017 through 2020 model years, the interim in-use compliance standard for vehicles certifying to the 3 mg/mi par ticulate standard is 6 mg/mi. For the 2025 through 2028 model years, the interim in-use compliance standard for vehicles certifying to the 1 mg/mi par ticulate standard is 2 mg/mi.

2. LEV III Particulate Interim In-Use Compliance Stand ards for Medium-Duty Vehicles, excluding Medium-Duty Passeng er Vehicles. For the 2017 through 2020 model years, the interim in-use c ompliance standard for vehicles certifying to the 8 mg/mi particulate stan dard shall be 16 mg/mi and the interim in-use compliance standard for vehicles certifying to the 10 mg/mi particulate standard shall be 20 mg/mi.

(C) SFTP Interim In-Use Compliance Standards.

1. Test groups certified prior to the 2020 model ye ar may use an in-use compliance standard for NMOG+NOx for the first two model years that they are certified to new standards.

a. For light-duty vehicle test groups and medium-du ty passenger vehicle test groups certifying to the sta ndards in subsection (a)(7)(A)1, in-use compliance emission standards fo r NMOG+NOx shall be 1.4 times the applicable certification standard.

b. For light-duty vehicle test groups and medium-du ty passenger vehicle test groups certifying to the sta ndards in subsection (a)(7)(A)2, in-use compliance emission standards fo r NMOG+NOx shall be 1.4 times the Composite Value of the bin to which a test group is certified.

c. For medium-duty vehicle tests groups certifying to the standards in subsection (a)(7)(C), in-use complianc e emission standards for NMOG+NOx shall be 1.4 times the applicable cert ification standard.

2. Test groups certified prior to the 2021 model ye ar will be allowed an in-use compliance standard for PM for th e first five model years that they are certified to the SFTP PM standard.

a. For light-duty vehicle test groups and medium-du ty passenger vehicle test groups certifying to SFTP PM exhaust emission standards in subsection (a)(7)(B), in-use complianc e emission standards for PM shall be 5.0 mg/mi higher than the applicabl e certification standard.56

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

b. For medium-duty vehicle test groups certifying t o SFTP PM Exhaust Emission Standards in subsection (a)(7)(D), in-use compliance emission standards for PM shall be 5.0 mg/mi higher than the applicable

certification standard.

(9) Requirement to Generate Additional NMOG+NOx Fleet A verage Credit. For a vehicle that is certified to the LEV III st andards in subsection (a)(1), which does not generate a partial ZEV allocation ac cording to the criteria set
forth in section C.3 of the “California Exhaust Emi ssion Standards and Test Procedures for 2009 through 2017 Model Zero-Emissio n Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty
Vehicle Classes” and the “California Exhaust Emissi on Standards and Test Procedures for 2018 and Subsequent Model Zero-Emiss ion Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” a manufacturer may subtract 5 mg/ mi from the NMOG+NOx emission standards value set forth in subsection (b )(1)(B)1.c when calculating the manufacturer’s fleet average, provided that the manufacturer extends the performance and defects warranty period to 15 years or 150,000 miles,

whichever occurs first

.

(10) Requirement to Generate a Partial ZEV Allowance. For the 2015 through 2017 model years, a manufacturer that certi fies to the LEV III SULEV30 or the LEV III SULEV20 standards may 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 2009 thr ough 2017 Model ZeroEmission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes.”

(11) NMOG Credit for Direct Ozone Reduction Technology. A manufacturer that certifies vehicles equipped with direct ozone reduction technologies shall be eligible to receive NMOG cred its that can be applied to the
NMOG exhaust emissions of the vehicle when determin ing compliance with the standard. In order to receive credit, the manufact urer must submit the following information for each vehicle model for which it get s credit, 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 contained in Part II G. of the “California 2015 and Subsequent Model Cri teria Pollutant Emission
Standards and Test Procedures for and 2017 and Subs equent Model
Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty trucks and Medium-duty V ehicles,” as adopted March 22, 2012;57

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(B) an evaluation of the durability of the device f or the full useful life of the vehicle; and

(C) a description of the on-board diagnostic strate gy 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 t he one-hour peak ozone level using an approved airshed model.

(12) When a Federally-Certified Vehicle Model is Require d in California.

(A) General Requirement. Whenever a manufacturer federallycertifies a 2015 or subsequent model-year passenger car, light-duty truck, or medium-duty vehicle model to the standards for a pa rticular emissions bin that are more stringent than the standards for an applic able California emission category, the equivalent California model may only be certified to (i) the California standards for a vehicle emissions catego ry that are at least as stringent as the standards for the corresponding fe deral emissions bin, or (ii) the

exhaust emission standards to which the federal mod el is certified. However,

where the federal exhaust emission standards for th e particular emissions bin
and the California standards for a vehicle emission s category are equally stringent, the California model may only be certifi ed to either the California standards for that vehicle emissions category or mo re stringent California

standards. The federal emission bins are those con tained 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 2015 and Subsequent Model Criteria Pollutant Exhaus t Emission Standards and Test Procedures and 2017 and Subsequent Model Green house Gas Exhaust Emission Standards and Test Procedures for Passenge r Cars, Light-Duty Trucks, and Medium-Duty Vehicles.”

(B) Exception for clean fuel fleet vehicles. Subsection (a)(12)(A) does not apply in the case of a federally-certified vehicle model that is only marketed to fleet operators for applications that a re 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 Offic er shall exclude from the requirement a federally-certified vehicle model whe re the manufacturer

demonstrates to the Executive Officer’s reasonable satisfaction that the model will primarily be sold or leased to clean fuel flee t operators for such applications,

and that other sales or leases of the model will be incidental to marketing to those clean fuel fleet operators.

(13) Emission Standard for a Fuel-Fired Heater. Whenever a

manufacturer elects to utilize an on-board fuel-fir ed heater on any passenger car, light-duty truck or medium-duty vehicle, the fuel-f ired heater must meet ULEV12558

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 standards for passenger cars and light-duty trucks less than 8,500 pounds GVWR as set forth in subsection 1961(a)(1). The ex haust emissions from the

fuel-fired heater shall be determined in accordance with the ““California Exhaust

Emission Standards and Test Procedures for 2009 thr ough 2017 Model ZeroEmission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes” or the “Cali fornia Exhaust Emission Standards and Test Procedures for 2018 and Subseque nt Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passe nger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” as applicable. I f the on-board fuel-fired heater is capable of operating at ambient temperatu res above 40 o F, the

measured emission levels of the on-board fuel-fired heater shall be added to the emissions measured on the FTP (40 CFR, Part 86, Sub part B), as amended by the “California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subseque nt Model Greenhouse

Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles” to de termine compliance with the exhaust emission standards in subsection (a)(1).

(b) Emission Standards Phase-In Requirements for Manufacturers.

(1) Fleet Average NMOG + NOx Requirements for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicl es.

(A) The fleet average non-methane organic gas plus oxides of nitrogen exhaust mass emission values from the pass enger cars, light-duty trucks, and medium-duty passenger vehicles that are produced and delivered for sale in California each model year by a manufacture r other than a small volume

manufacturer shall not exceed:59

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

FLEET AVERAGE NON

- METHANE ORGANIC GAS PLUS

OXIDES OF NITROGEN
EXHAUST MASS EMISSION REQUIREMENTS FORPASSENGER CARS, LIGHT-DUTY TRUCKS, AND MEDIUMDUTY PASSENGER VEHICLES (150,000 mile Durability Vehicle Basis) Model Year Fleet Average NMOG + NOx (grams per mile) All PCs;

LDTs 0-3750 lbs.

LVW LDTs

3751 lbs. LVW - 8500 lbs.

GVWR;

All MDPVs

2014 1 0.107 0.128

2015 0.100 0.119

2016 0.093 0.110

2017 0.086 0.101

2018 0.079 0.092

2019 0.072 0.083

2020 0.065 0.074

2021 0.058 0.065

2022 0.051 0.056

2023 0.044 0.047

2024 0.037 0.038

2025+ 0.030 0.030

1 For the 2014 model year, a manufacturer may comply with the fleet average NMOG+NOx values in this table in lieu of complying with the NMOG fleet average values in subsection 1961(a)(b)(1)(A). A manufacturer must either compl y with the NMOG+NOx fleet average requirements for both its PC/LDT1 fleet and its LDT 2/MDPV fleet or comply with the NMOG fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet. A manufacturer must calculate its fleet average NMOG+NOx values using t he applicable full useful life standards.

1. A manufacturer that selects compliance Option 2 must provide to the Executive Officer separate values fo r the number of vehicles in each test group produced and delivered for sale in the District of Columbia and for each individual state within the average.

2. PZEV Anti-Backsliding Requirement . In the 2018 and subsequent model years, a manufacturer must produce and deliver for sale in California a minimum percentage of its passenger ca r and light-duty truck
fleet that certifies to SULEV30 and SULEV20 standar ds. This minimum percentage must be equal to the average percentage of PZEVs produced and60

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 deliver for sale in California for that manufacture r for the 2015 through 2017 model year. A manufacturer may calculate this aver age percentage using the projected sales for these model years in lieu of ac tual sales.

(B) Calculation of Fleet Average NMOG + NOx Value.

1. Basic Calculation.

a. Each manufacturer’s PC and LDT1 fleet average NM OG + NOx value for the total number of PCs and LDT1s pro duced and delivered
for sale in California shall be calculated as follo ws:



### (Σ [Number of vehicles in a test group excluding off-v ehicle charge capable

hybrid electric vehicles x applicable emission stan dard] +



### Σ [Number of off-vehicle charge capable hybrid electr ic vehicles in a test group x

HEV NMOG+NOx contribution factor]) ÷ Total Number of PCs plus LDT1s Produced and Deliver ed for sale in California, Including ZEVs and HEVs

b. Each manufacturer’s LDT2 and MDPV fleet average

NMOG+NOx value for the total number of LDT2s and MD PVs produced
and delivered for sale in California shall be calcu lated as follows:

( Σ [Number of vehicles in a test group excluding off- vehicle charge capable hybrid electric vehicles x applicable emission stan dard] +

Σ [Number of off-vehicle charge capable hybrid elect ric vehicles in a test group x HEV NMOG factor]) ÷ Total Number of LDT2s plus MDPVs Produced and Deliv ered for sale in

California, Including ZEVs and HEVs

c. The applicable emission standards to be used in the above equations are as follows:61

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Model Year Emission Category Emission Standard Value 1
(g/mi) All PCs;

LDTs 0-3750 lbs. LVW LDTs 3751-5750 lbs. LVW;

All MDPVs

2015 and subsequentmodel year federallycertified vehicles All Sum of the full useful life

NMOG and NOx Federal

Emission Standards to

which Vehicle is Certified Sum of the full useful life NMOG

and NOx Federal Emission

Standards to which Vehicle is

Certified

Model Year Emission Category All PCs;

LDTs 0-3750 lbs. LVW LDTs

3751 lbs. LVW - 8500 lbs. GVWR; All MDPVs 2015 through 2019 model year vehicles

certified to the “LEV

II” standards in

subsection 1961(a)(1);

2015 and subsequent model year vehicles

certified to the “LEV

III” standards in

subsection 1961.2(a)(1) LEV II LEVs;

LEV160s 0.160 0.160

LEV II ULEVs;

LEV125s 0.125 0.125

ULEV70s 0.070 0.070

ULEV50s 0.050 0.050

LEV II SULEVs;

SULEV30s 0.030 0.030

SULEV20s 0.020 0.020

LEV II LEVs;

LEV395s n/a 0.395

LEV II ULEVs n/a 0.343

ULEV340s n/a 0.340

ULEV250s n/a 0.250

ULEV200s n/a 0.200

SULEV170s n/a 0.170

SULEV150s n/a 0.150

1 For LEV III vehicle test groups that meet the exten ded emission warranty requirements in subsection (a)(9), the applicable emission standard value shall be the emission standard value set forth in this table minus 5 mg/mi.

2. NMOG+NOx Contribution Factor for Off-vehicle Charge Capable HEVs. The HEV NMOG+NOx contribution factor for light-du ty offvehicle charge capable hybrid electric vehicles is calculated as follows:62

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 LEV160 HEV Contribution Factor = 0.160 - [(Zero-emi ssion VMT Allowance) x 0.035] ULEV125 HEV Contribution Factor = 0.125 - [(Zero-em ission VMT Allowance) x 0.055] ULEV70 HEV Contribution Factor = 0.070 - [(Zero-emi ssion VMT Allowance) x 0.020] ULEV50 HEV Contribution Factor = 0.050 - [(Zero-emi ssion VMT Allowance) x 0.020] SULEV30 HEV Contribution Factor = 0.030 - [(Zero-em ission VMT Allowance) x 0.010] SULEV20 HEV Contribution Factor = 0.020 - [(Zero-em ission VMT Allowance) x 0.020]

Where the Zero-emission VMT Allowance for off-vehic le charge capable
HEVs is determined in accordance with section C.3 o f the “California Exhaust

Emission Standards and Test Procedures for 2009 thr ough 2017 Model ZeroEmission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, LightDuty Truck and Medium-Duty Vehicle Classes” and the “California Exhaust

Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles , in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” as applicable, except that for the purposes of this subsection (b)(1)(B)2 , the maximum allowable Zero-emission VMT Allowance that may be used in the se equations is 1.0. This subsection (b)(1)(B)2 shall only apply to off- vehicle charge capable

HEVs certified to the LEV III standards set forth i n subsection (a)(1).

(C) Phase-In Requirements for Small Volume Manufacturers

.

1. In the 2015 through 2021 model years, a small vo lume manufacturer shall not exceed a fleet average NMOG+ NOx value of 0.160 g/mi for PCs and LDTs from 0-3750 lbs. LVW or 0.160 g/mi for LDTs from

3751-5750 lbs. LVW calculated in accordance with su bsection (b)(1)(B). In 2022 through 2024 model years, a small volume manuf acturer shall not exceed a fleet average NMOG+NOx value of 0.125 g/mi for PCs and LDTs from 0-3750 lbs. LVW or 0.125 g/mi for LDTs from 37 51 lbs. LVW - 8,500 lbs.
GVW and MDPVs calculated in accordance with subsect ion (b)(1)(B). In 2025 and subsequent model years, a small volume man ufacturer shall not exceed a fleet average NMOG+NOx value of 0.070 g/mi for PCs and LDTs from 0-3750 lbs. LVW or 0.070 g/mi for LDTs from 37 51 lbs. LVW - 8,500 lbs.
GVW and MDPVs calculated in accordance with subsect ion (b)(1)(B). For the 2015 through 2021 model years, a small volume manuf acturer may certify its

vehicles to the LEV II exhaust standards in section 1961. All vehicles certified by a small volume manufacturer for the 2022 and sub sequent model years

must meet the LEV III exhaust standards in this sec tion 1961.2.

2. If a manufacturer's average California sales exc eeds 4500 units of new PCs, LDTs, MDVs, heavy-duty vehicles, and heavy-duty engines63

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 based on the average number of vehicles sold for th e three previous consecutive model years, the manufacturer shall no longer be treated as a

small volume manufacturer. If this is the first ti me the manufacturer exceeds the 4500 unit sales limit, the manufacturer must co mply with the fleet average requirements applicable to a large volume manufactu rer, as specified in subsection (b)(1)(A) beginning with the fourth mode l year after the last of the three consecutive model years. If during this four year lead time period the manufacturer’s sales drop below the 4500 unit sales limit and then increase again above the 4500 unit sales limit, the four yea r lead time period shall be calculated based on the first model year in which t he manufacturer again exceeds the 4500 unit sales limit. Except as noted above – i.e., if this is not

the first time the manufacturer has exceeded the 45 00 unit sales limit – the manufacturer shall comply with the fleet average re quirements applicable to larger manufacturers as specified in subsection (b) (1)(A) beginning with the following model year after the last of the three co nsecutive model years.

3. If a manufacturer’s average California sales fal l below 4500 units of new PCs, LDTs, MDVs and heavy duty engines based on the average number of vehicles sold for the three previ ous consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to the requirements for small volu me manufacturers beginning with the next model year.

(D) Treatment of ZEVs. ZEVs classified as LDTs (>3750 lbs. LVW) that have been counted toward the ZEV requirement f or PCs and LDTs (0-3750 lbs. LVW) as specified in sections 1962.1 and 1962. 2 shall be included as LDT1s in the calculation of a fleet average NMOG value.

(2) LEV III Phase-In Requirement for Passenger Cars, Li ght-Duty Trucks, and Medium-Duty Passenger Vehicles . For the 2015 and 2016 model years, the LEV II SULEV emission standards set fort h in section 1961(a)(1) that are applicable to PCs, LDTs, and MDPVs shall only a pply to those PCs, LDT1s, LDT2s, and MDPVs that certify to SULEV emission sta ndards using “carryover” of emission test data from a previous model year in accordance with U.S. EPA OMS Advisory Circular A/C No. 17F, issued November 16, 1982, and last amended January 21, 1988, incorporated herein by re ference. Beginning in the 2017 model year, the LEV II SULEV emission standard s set forth in section 1961(a)(1) that are applicable to PCs, LDTs, and MD PVs shall only apply to those PCs, LDT1s, LDT2s, and MDPVs that receive par tial ZEV allowances in
accordance with the “California Exhaust Emission St andards and Test Procedures for 2009 through 2017 Model Zero-Emissio n Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes.” A manufacturer, other than a sma ll volume manufacturer, must certify 100 percent of its PC, LDT, and MDPV f leet to the LEV III standards in subsection (a)(1) in 2020 and subsequent model y ears. A small volume64

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 manufacturer must certify 100 percent of its PC, LD T, and MDPV fleet to the LEV III standards in subsection (a)(1) in 2022 and subs equent model years. (3) LEV III Phase-In Requirements for Medium-Duty Vehic les, Other than Medium-Duty Passenger Vehicles

.

(A) A manufacturer of MDVs, other than a small volu me manufacturer, shall certify its MDV fleet according to the following phase-in

schedule:

Model

Year Vehicles Certified to §1961.2(a)(1) (%) Vehicles
Certified to §1956.8(c) or (h) (%)

LEV II LEV;

LEV III

LEV395 or

LEV630 LEV II ULEV;

LEV III

ULEV340 or

ULEV570 LEV III

ULEV250 or

ULEV400 LEV III

SULEV170 or

SULEV230 ULEV

2015 40 60 0 0 100

2016 20 60 20 0 100

2017 10 50 40 0 100

2018 0 40 50 10 100

2019 0 30 40 30 100

2020 0 20 30 50 100

2021 0 10 20 70 100

2022 + 0 0 10 90 100

(B) Requirements for Small Volume Manufacturers . In the 2015 through 2017 model years, a small volume manufactur er shall certify, produce, and deliver for sale in California vehicles or engi nes certified to the MDV LEV II

LEV standards or to the LEV III LEV395 or LEV III L EV630 standards, as applicable, in a quantity equivalent to 100% of its MDV fleet. In the 2018 through 2021 model years, a small volume manufacturer shall certify, produce, and deliver for sale in California vehicles or engines certified to the MDV LEV II ULEV

standards or to the LEV III ULEV340 or LEV III ULEV 570 standards, as applicable, in a quantity equivalent to 100% of its MDV fleet. In the 2022 and subsequent model years, a small volume manufacturer shall certify, produce, and deliver for sale in California vehicles or engines certified to the MDV LEV III ULEV250 or LEV III ULEV400 standards, as applicable , in a quantity equivalent to 100% of its MDV fleet. Engines certified to the se MDV standards are not eligible for emissions averaging.65

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(C) Alternate Phase-In Schedules for LEV III MDVs. For the 2016 and subsequent model years, a manufacturer that pro duces and delivers for sale in California four or fewer medium-duty test groups may comply with the following alternate phase-in schedule for LEV III medium-duty vehicles.

1. A manufacturer that produces and delivers for sa le in California four medium-duty test groups may comply with the fo llowing alternate phasein schedule for LEV III medium-duty vehicles.

Model Year Number of Test Groups Certified to §1961.2(a)(1) Vehicles
Certified to §1956.8(c) or (h) (%)

LEV II LEV;

LEV III

LEV395 or

LEV630 LEV II ULEV;

LEV III

ULEV340 or

ULEV570 LEV III

ULEV250 or

ULEV400 LEV III

SULEV170

or SULEV230 ULEV

2016-2017 1 2 1 0 100

2018 0 2 2 0 100

2019 0 1 2 1 100

2020 0 1 1 2 100

2021 0 0 1 3 100

2022 + 0 0 0 4 100

2. A manufacturer that produces and delivers for sa le in California three medium-duty test groups may comply with the f ollowing alternate phase-in schedule for LEV III medium-duty vehicles.66

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Model Year Number of Test Groups Certified to §1961.2(a)(1) Vehicles
Certified to §1956.8(c) or (h) (%)

LEV II LEV;

LEV III

LEV395 or

LEV630 LEV II ULEV;

LEV III

ULEV340 or

ULEV570 LEV III

ULEV250 or

ULEV400 LEV III

SULEV170

or SULEV230 ULEV

2016 1 2 0 0 100

2017 0 2 1 0 100

2018 0 1 2 0 100

2019-2020 0 1 1 1 100

2021 0 0 1 2 100

2022 + 0 0 0 3 100

3. A manufacturer that produces and delivers for sa le in California two medium-duty test groups may comply with the fol lowing alternate phasein schedule for LEV III medium-duty vehicles.

Model Year Number of Test Groups Certified to §1961.2(a)(1) Vehicles
Certified to §1956.8(c) or (h) (%)

LEV II LEV;

LEV III

LEV395 or

LEV630 LEV II ULEV;

LEV III

ULEV340 or

ULEV570 LEV III

ULEV250 or

ULEV400 LEV III

SULEV170

or SULEV230 ULEV

2016 1 1 0 0 100

2017-2019 0 1 1 0 100

2020-2021 0 0 1 1 100

2022 + 0 0 0 2 100

4. A manufacturer that produces and delivers for sa le in California one medium-duty test groups may comply with the fol lowing alternate phasein schedule for LEV III medium-duty vehicles.67

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Model Year Number of Test Groups Certified to §1961.2(a)(1) Vehicles
Certified to §1956.8(c) or (h) (%)

LEV II LEV;

LEV III

LEV395 or

LEV630 LEV II ULEV;

LEV III

ULEV340 or

ULEV570 LEV III

ULEV250 or

ULEV400 LEV III

SULEV170

or SULEV230 ULEV

2016-2018 0 1 0 0 100

2019-2021 0 0 1 0 100

2022 + 0 0 0 1 100

(D) Identifying a Manufacturer's MDV Fleet . Each manufacturer’s

MDV fleet shall be defined as the total number of C alifornia-certified MDVs produced and delivered for sale in California. The percentages shall be applied to the manufacturers’ total production of Californi a-certified medium-duty vehicles

delivered for sale in California. A manufacturer th at elects to certify to the optional medium-duty engine standards in subsection s 1956.8(c) or (h) shall not count those engines in the manufacturer’s total pro duction of California-certified medium-duty vehicles for purposes of this subsectio n.

(E) For a manufacturer that elects to certify to th e optional mediumduty engine standards in title 13, CCR subsections 1956.8(c) or (h), all such MDVs, including those produced by a small volume ma nufacturer, shall be subject to the emissions averaging provisions appli cable 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 H eavy-Duty Otto-Cycle Engines,” or the “California Exhaust Emission Stand ards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines , incorporated by reference in subsections 1956.8(b) or (d), as appli cable.

(4) SFTP Phase-In Requirements

.

(A) Phase-In Requirement for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. A test group certifying to LEV III FTP emission categories on a 150,000-mile durability ba sis shall also certify to SFTP requirements on a 150,000-mile durability basis.

Manufacturers shall have two options for phase in t o the SFTP NMOG+NOx and

CO emission standards.

1. Under Option 1, beginning with the 2015 model ye ar, a manufacturer shall certify its PCs, LDTs, and MDPVs to the SFTP NMOG+NOx and CO emission standards in subsection (a )(7)(A)1 when the68

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 vehicles are also certifying to a LEV III FTP emiss ion category at 150,000- mile durability.

2. Under Option 2, for 2015 and subsequent model y ears, a manufacturer shall certify its fleet of PCs, LDTs, and MDPVs such that the manufacturer’s sales-weighted fleet-average NMOG+NO x composite emission value does not exceed the composite emissi on standard in effect for that model year. During the 150,000-mile durabilit y phase-in, the salesweighted fleet-average NMOG+NOx composite emission value shall be calculated using a combination of carry-over values and new-certification values. Carry-over test groups shall convert value s to NMOG+NOx and may use the applicable deterioration factor from the FT P cycle in lieu of deriving a deterioration factor specific to SFTP test cycles. Any vehicle certified to SFTP requirements on a 150,000-mile durability basi s shall be subject to the applicable emission standards for the full useful l ife of that vehicle. Compliance with the CO composite emission standard cannot be demonstrated through fleet averaging.

Beginning with the 2017 model year, a manufacturer shall certify its PCs, LDTs, and MDPVs certifying to LEV III FTP PM emission sta ndards on a 150,000-mile durability basis to the SFTP PM emission standards in subsection (a)(7)(B).

(B) Phase-In Requirements for Medium-Duty Vehicle

Manufacturers. Phase-in for NMOG+NOx and CO emission standards b egins with the 2016 model year. For MDVs 8,501-10,000 lb s. GVWR, for each model year, the percentage of MDVs certified to an SFTP e mission category set forth in this section 1961.2 shall be equal to or greater th an the total percentage certified to the FTP ULEV250, ULEV200, SULEV170, and SULEV150 emission categories; of these vehicles, the percentage of MD Vs certified to an SFTP SULEV emission category shall be equal to or greate r than the total percentage
certified to both the FTP SULEV170 and SULEV150 emi ssion categories. For MDVs 10,001-14,000 lbs. GVWR, for each model year, the percentage of MDVs certified to an SFTP emission category set forth in this section 1961.2 shall be equal to or greater than the total percentage certi fied to the FTP ULEV400, ULEV270, SULEV230, and SULEV200 emission categories ; of these vehicles, the percentage of MDVs certified to an SFTP SULEV e mission category shall be equal to or greater than the total percentage certi fied to both the FTP SULEV230 and SULEV200 emission categories.

In addition, 2017 and subsequent model MDVs certify ing to LEV III FTP PM emission standards on a 150,000-mile durability bas is must also certify to the SFTP emission standards set forth in subsection (a) (7)(D).

(C) Identifying a Manufacturer's Medium-Duty Vehicle Fl eet. For the 2016 and subsequent model years, each manufactu rer's MDV fleet shall be

defined as the total number of California-certified MDVs, other than MDPVs,69

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 produced and delivered for sale in California. For 2016 and subsequent model years, a manufacturer that elects to certify engine s to the optional medium-duty engine emission standards in subsections 1956.8(c) or (h) shall not count those engines in the manufacturer’s total production of C alifornia-certified medium-duty vehicles for purposes of this subparagraph.

(c) Calculation of NMOG + NOx Credits/Debits

(1) Calculation of NMOG+NOx Credits and Debits for Pass enger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicl es

.

(A) In 2015 and subsequent model years, a manufactu rer shall calculate its credits or debits using the following equation.

[(Fleet Average NMOG+NOx Requirement) - (Manufactur er’s Fleet Average NMOG+NOx Value)] x (Total No. of Vehicles Produced and Delivered for S ale in California, Including ZEVs and HEVs).

(B) In 2015 and subsequent model years, a manufactu rer that achieves fleet average NMOG+NOx values lower than t he fleet average NMOG+NOx requirement for the corresponding model ye ar shall receive credits in units of g/mi NMOG + NOx . A manufacturer with 2015 and subsequent model year fleet average NMOG+NOx values greater than the fleet average requirement for the corresponding model year shall receive debits in units of g/mi NMOG + NOx equal to the amount of negative credits determined by the aforementioned equation. The total g/mi NMOG+NOx c redits or debits earned for PCs and LDTs 0-3750 lbs. LVW, for LDTs 3751-575 0 lbs. LVW and for LDTs 3751 lbs. LVW - 8500 lbs. GVWR shall be summed toge ther. The resulting amount shall constitute the g/mi NMOG+NOx credits o r debits accrued by the manufacturer for the model year.

(2) Calculation of Vehicle-Equivalent NMOG + NOx Credit s for Medium-Duty Vehicles Other than MDPVs

.

(A) In 2016 and subsequent model years, a manufactu rer that produces and delivers for sale in California MDVs, other than MDPVs, in excess of the equivalent requirements for LEV III vehicles certified to the exhaust emission standards set forth in subsection (a)(1), shall receive “Vehicle-Equivalent Credits” (or “VECs”) calculated in accordance with the following equation, where the term “produced” means produced and delivered for

sale in California:

(1.00) x {[(No. of LEV395s and LEV630s Produced exc luding HEVs) + (No. of LEV395 HEVs x HEV VEC factor for LEV395s) + (No. of LEV630 HEVs x HEV VEC factor for LEV630s)] –70

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (No. of LEV395s and LEV630s Required to be Produced )} +

(1.14) x {[(No. of ULEV340s and ULEV570s Produced e xcluding HEVs) + (No. of ULEV340 HEVs x HEV VEC factor for ULEV340s) + (No. of ULEV570 HEVs x HEV VEC factor for ULEV570s) ] – (No. of ULEV340s and ULEV570s Required to be Produc ed)} +

(1.37) x {[(No. of ULEV250s and ULEV400s Produced e xcluding HEVs) + (No. of ULEV250 HEVs x HEV VEC factor for ULEV250s) + (No. of ULEV400 HEVs x HEV VEC factor for ULEV400s) ] - (No. of ULEV250s and ULEV400s Required to be Produc ed)} +

(1.49) x {[(No. of ULEV200s and ULEV270s Produced e xcluding HEVs) + (No. of ULEV200 HEVs x HEV VEC factor for ULEV200s) + (No. of ULEV270 HEVs x HEV VEC factor for ULEV270s) ] - (No. of ULEV200s and ULEV270s Required to be Produc ed)} +

(1.57) x {[(No. of SULEV170s and SULEV230s Produced excluding HEVs)

+ (No. of SULEV170 HEVs x HEV VEC factor for SULEV170 s) + (No. of SULEV230 HEVs x HEV VEC factor for SULEV230 s)] - (No. of SULEV170s and SULEV230s Required to be Prod uced)} +

(1.62) x {[(No. of SULEV150s and SULEV200s Produced excluding HEVs)

+ (No. of SULEV150 HEVs x HEV VEC factor for SULEV150 s) + (No. of SULEV200 HEVs x HEV VEC factor for SULEV200 s)] - (No. of SULEV150s and SULEV200s Required to be Prod uced)} +

[(2.00) x (No. of ZEVs Certified and Produced as MD Vs)].

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

as follows:

For LEV395s:

1+  	

	

  ×


		
 

	

 ! ;

For ULEV340s:

1+  	

"	

  ×


		
 

	

 ! ;

For ULEV250s:

1+  "	

"	

  ×


		
 

"	

 ! ;71

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 For ULEV200s:

1+  "	

#$%	

  ×


		
 

"	

 ! ;

For SULEV170s:

1+  #$%	

#$	

  ×


		
 

#$%	

 ! ;

For SULEV150s: 1+  #$	

	

  ×


		
 

#$	

 ! ;

For LEV630s:

1+  &	

%	

  ×


		
 

&	

 ! ;

For ULEV570s:

1+  %	

	

  ×


		
 

%	

 ! ;

For ULEV400s:

1+  	

"%	

  ×


		
 

	

 ! ;

For ULEV270s:

1+  "%	

#"	

  ×


		
 

"%	

 ! ;

For SULEV230s:

1+  #"	

#"	

  ×


		
 

#"	

 !

For SULEV200s: 1+  #"	

	

  ×


		
 

#"	

 !

where “Zero-emission VMT Allowance” for an HEV is d etermined in accordance
with section C of the “California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emissio n Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporated by reference in sect ion 1962.1, or the “California

Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Ve hicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Class es,” incorporated by reference in section 1962.2, as applicable, except that for the purposes of this72

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 subsection (c)(2)(B), the maximum allowable Zero-em ission VMT Allowance that may be used in these equations is 1.0.

(C) A manufacturer that fails to produce and deliv er for sale in California the equivalent quantity of MDVs certifie d to LEV III exhaust emission standards, shall receive “Vehicle-Equivalent Debits ” (or “VEDs”) equal to the amount of negative VECs determined by the equation in subsection (c)(2)(A).

(D) Only ZEVs certified as MDVs and not used to mee t the ZEV requirement shall be included in the calculation of VECs.

(3) Procedure for Offsetting Debits.

(A) A manufacturer shall equalize emission debits b y earning g/mi NMOG+NOx emission credits or VECs in an amount equa l to the g/mi NMOG+NOx debits or VEDs, or by submitting a commens urate amount of g/mi

NMOG+NOx credits or VECs to the Executive Officer t hat were earned previously or acquired from another manufacturer. A manufacturer shall equalize NMOG+NOx debits for PCs, LDTs, and MDPVs and VEC de bits for MDVs within three model years. If emission debits are not equa lized within the specified time period, the manufacturer shall be subject to the He alth and Safety Code §43211 civil penalty applicable to a manufacturer which se lls a new motor vehicle that does not meet the applicable emission standards ado pted 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. A manufacturer demonstrating compliance under Option 2 in subsection (b)(1)(A)1. a, must calculate the emission debits that are subject to a civil penalty under Health and Safety Code section 43211 separately for California, the Distri ct of Columbia, and for each

individual state that is included in the fleet aver age greenhouse gas requirements in subsection (b)(1)(A)1.a. The manufacturer must calculate these emission debits separately for California, the District of C olumbia, and each individual state using the formula in subsections (c)(1) and (c)(2), except that the “Total No. of

Vehicles Produced and Delivered for Sale in Califor nia, Including ZEVs and HEVs” shall be calculated separately for the Distri ct of Columbia and each

individual state.

For the purposes of Health and Safety Code §43211, the number of passenger cars, light-duty trucks, and medium-duty passenger vehicles not meeting the

state board's emission standards shall be determine d by dividing the total amount of g/mi NMOG+NOx emission debits for the mod el year by the g/mi NMOG+NOx fleet average requirement for PCs and LDTs 0-3750 lbs. LVW and for LDTs 3751 lbs. LVW - 8500 lbs. GVW and MDPVs ap plicable for the model year in which the debits were first incurred; and t he number of medium-duty vehicles not meeting the state board's emission sta ndards shall be equal to the

amount of VEDs incurred.73

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(B) The emission credits earned in any given model year shall retain full value through five subsequent model yea rs. Credits will have no value if not used by the beginning of the sixth model yea r after being earned.

(4) Changing NMOG Credits and Debits to NMOG+NOx Credit s and

Debits. The value of any emission credits that have not b een used prior to the start of the 2015 model year and any emission debit s that have not been equalized prior to the start of the 2015 model year earned shall be converted to NMOG+NOx credits at the start of the 2015 model yea r by multiplying their values by a factor of 3.0. These credits and debit s are subject to the provisions in subsection 1961(c)(3).

(d) Test Procedures. The certification requirements and test procedures for determining compliance with the emis sion standards in this
section are set forth in the “California 2015 and S ubsequent Model Criteria

Pollutant Exhaust Emission Standards and Test Proce dures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles,” as adopted March 22, 2012, the “California Non-Meth ane Organic Gas Test Procedures,” as amended March 22, 2012, which are i ncorporated herein by reference. In the case of hybrid electric vehicles and on-board fuel-fired heaters, the certification requirements and test pr ocedures for determining compliance with the emission standards in this sect ion are set forth in the

“California Exhaust Emission Standards and Test Pro cedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electr ic Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Veh icle Classes,” incorporated by reference in section 1962.1, and th e “California Exhaust

Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles , in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporated by reference

in section 1962.2.

(e) Abbreviations. The following abbreviations are used in this sect ion

1961.2:

“ALVW” means adjusted loaded vehicle weight. “ASTM” means American Society of Testing and Materi als.
“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 vehic le weight of 0-3750 pounds.74

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 “LDT2” means a light-duty truck with a loaded vehic le weight of 3751 pounds to a gross vehicle weight rating of 8500 pounds.

“LEV” means low-emission vehicle. “LPG” means liquefied petroleum gas. “LVW” means loaded vehicle weight. “MDPV” means medium-duty passenger vehicle. “MDV” means medium-duty vehicle. “NMHC” means non-methane hydrocarbons. “mg/mi” means milligrams per mile. “NMHC” means non-methane hydrocarbons. “Non-Methane Organic Gases” or “NMOG” means the tot al mass of oxygenated and non-oxygenated hydrocarbon emissions. “NOx” means oxides of nitrogen. “PC” means passenger car. “SULEV” means super-ultra-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.

(f) Severability. Each provision of this section i s severable, and in the event that any provision of this section is held to be in valid, the remainder of both this

section and this article remains in full force and effect.

Note: Authority cited: Sections 39500, 39600, 396 01, 43013, 43018, 43101, 43104, 43105 and 43106, Health and Safety Code. Reference: Sect ions 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102 , 43104, 43105, 43106, 43204 and 43205, Health and Safety Code.75

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Note: The entire text of section 1961.3 set forth b elow is new language and is shown in “normal type” proposed to be added to the California Code of Regulations.

Adopt new Section 1961.3, Title 13, California Code of Regulations to read

as follows:

§ 1961.3. Greenhouse Gas Exhaust Emission Standard s and Test Procedures - 2017 and Subsequent Model Passenger Ca rs, Light-Duty Trucks, and Medium-Duty Vehicles.

Introduction. This section 1961.3 sets the greenhouse gas emiss ion levels from new 2017 and subsequent model year pass enger cars, light-duty trucks, and medium-duty passenger vehicles. Light- duty trucks from 3751 lbs. LVW – 8500 lbs. GVW that are certified to the Optio n 1 LEV II NOx Standard in section 1961(a)(1) are exempt from these greenhouse gas emission requirements, however, passenger cars, light-duty t rucks 0-3750 lbs. LVW, and medium-duty passenger vehicles are not eligible for this exemption.

Emergency vehicles may be excluded from these green house gas emission requirements. The manufacturer must notif y the Executive Officer that they are making such an election, in writing, prior to the start of the applicable model year or must comply with this section 1961.3.

(a) Greenhouse Gas Emission Requirements.

(1) Fleet Average Carbon Dioxide Requirements for Passe nger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. For the purpose of determining compliance with this subsection (a)( 1), the applicable fleet average CO 2 mass emission standards for each model year is the salesweighted average of the calculated CO 2 exhaust mass emission target values for each manufacturer. For each model year, the sales- weighted fleet average CO 2 mass emissions value shall not exceed the sales-wei ghted average of the

calculated CO 2 exhaust mass emission target values for that manuf acturer.

(A) Fleet Average Carbon Dioxide Target Values for Pass enger Cars. The fleet average CO 2 exhaust mass emission target values for passenger cars that are produced and delivered for sale in California each model year shall be determined as follows:

1. For passenger cars with a footprint of less than or equal to 41 square feet, the gram per mile CO 2 target value shall be selected for the appropriate model year from the following table :76

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Model Year CO 2 Target Value (grams/mile)

2017 195.0

2018 185.0

2019 175.0

2020 166.0

2021 157.0

2022 150.0

2023 143.0

2025 137.0 2025 and subsequent 131.0

2. For passenger cars with a footprint of greater t han 56 square feet, the gram per mile CO 2 target value shall be selected for the appropriate model year from the following table:

Model Year CO 2 Target Value (grams/mile)

2017 263.0

2018 250.0

2019 238.0

2020 226.0

2021 215.0

2022 205.0

2023 196.0

2025 188.0 2025 and subsequent 179.0

3. For passenger cars with a footprint that is grea ter than 41 square feet and less than or equal to 56 square fee t, the gram per mile
CO 2 target value shall be calculated using the followi ng equation and rounded to the nearest 0.1 grams/mile:

Target gCO 2 /mile = [ a x f ] + b

Where: f

is the vehicle footprint and

coefficients a

and b are selected from the following table for the applicable model year.77

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Model year a b

2017 4.53 8.9

2018 4.35 6.5

2019 4.17 4.2

2020 4.01 1.9

2021 3.84 -0.4

2022 3.69 -1.1

2023 3.54 -1.8

2024 3.4 -2.5

2025 and subsequent 3.26 -3.2

(B) Fleet Average Carbon Dioxide Target Values for Ligh t-Duty Trucks and Medium-Duty Passenger Vehicles. The fleet average CO 2 exhaust mass emission target values for light-duty trucks and medium-duty passenger vehicles that are produced and delivered for sale in California each model year shall be determined as follows:

1. For light-duty trucks and medium-duty passenger vehicles with a footprint of less than or equal to 41 square feet, the gram per mile

CO 2 target value shall be selected from the following table:

Model Year CO 2 Target Value (grams/mile)

2017 238.0

2018 227.0

2019 220.0

2020 212.0

2021 195.0

2022 186.0

2023 176.0

2025 168.0 2025 and subsequent 159.0

2. For light-duty trucks and medium-duty passenger vehicles with a footprint of greater than 41 square feet and less than or equal to the maximum footprint value specified in the table belo w for each model year, the gram/mile CO 2 target value shall be calculated using the followi ng equation and rounded to the nearest 0.1 grams/mile:78

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Target gCO 2 /mile = [ a x f ] + b

Where: f

is the vehicle footprint and

coefficients a

and b are selected from the following table for the applicable model year.

Model year Maximum Footprint a b

2017 50.7 4.87 38.3

2018 60.2 4.76 31.6

2019 66.4 4.68 27.7

2020 68.3 4.57 24.6

2021 73.5 4.28 19.8

2022 74.0 4.09 17.8

2023 74.0 3.91 16.0

2024 74.0 3.74 14.2

2025 and subsequent 74.0 3.58 12.5

3. For light-duty trucks and medium-duty passenger vehicles with a footprint that is greater than the minimum f ootprint value specified in the table below and less than or equal to the maxim um footprint value specified in the table below for each model year, t he gram/mile CO 2 target value shall be calculated using the following equat ion and rounded to the nearest 0.1 grams/mile:

Target gCO 2 /mile = [ a x f ] + b

Where: f

is the vehicle footprint and

coefficients a

and b are selected from the following table for the applicable model year.

Model year Minimum

Footprint Maximum

Footprint a b

2017 50.7 66.0 4.04 80.5

2018 60.2 66.0 4.04 75.0

4. For light-duty trucks and medium-duty passenger vehicles with a footprint that is greater than the minimum v alue specified in the79

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 table below for each model year, the gram/mile CO 2 target value shall be selected for the applicable model year from the fol lowing table:

Model year Minimum

Footprint CO 2 target

value (grams/mile)

2017 66.0 347.0

2018 66.0 342.0

2019 66.4 339.0

2020 68.3 337.0

2021 73.5 335.0

2022 74.0 321.0

2023 74.0 306.0

2024 74.0 291.0

2025 and subsequent 74.0 277.0

(C) Calculation of Manufacturer-Specific Carbon Dioxide Fleet Average Standards. For each model year, each manufacturer must compl y with fleet average CO 2 standards for passenger cars and for light-duty tr ucks plus medium-duty passenger vehicles, as applicable, calculated for that model year as follows. For each model year, a manu facturer must calculate separate fleet average CO 2 values for its passenger car fleet and for its combined light-duty truck plus medium-duty passenge r vehicle fleet using the

CO 2 target values in subsection (a)(A). These calcula ted CO 2 values are the manufacturer-specific fleet average CO 2 standards for passenger cars and for light-duty trucks plus medium-duty passenger vehicl es, as applicable, which apply for that model year.

1. A CO 2 target value shall be calculated in accordance wit h subparagraph (a)(1)(A) or (a)(1)(B), as applicable, for each unique combination of model type and footprint value.

2. Each CO 2 target value, determined for each unique combination of model type and footprint value, shal l be multiplied by the total production of that model type/footprint combi nation for the applicable model year.80

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

3. The resulting products shall be summed, and that sum shall be divided by the total production of passenger car s or total combined production of light-duty trucks and medium-duty pas senger vehicles, as applicable, in that model year. The result shall b e rounded to the nearest whole gram per mile. This result shall be the appl icable fleet average CO 2 standard for the manufacturer’s passenger car fleet or its combined lightduty truck and medium-duty passenger vehicle fleet, as applicable.

(2) Nitrous Oxide (N 2 O) and Methane (CH 4 ) Exhaust Emission Standards for Passenger Cars, Light-Duty Trucks, an d Medium-Duty Passenger

Vehicles. Each manufacturer’s fleet of combined passenger a utomobile, lightduty trucks, and medium-duty passenger vehicles mus t comply with N 2 O and

CH 4 standards using either the provisions of subsectio n (a)(2)(A), subsection (a)(2)(B), or subsection (a)(2)(C). Except with pr ior approval of the Executive Officer, a manufacturer may not use the provisions of both subsection (a)(2)(A) and subsection (a)(2)(B) in the same model year. F or example, a manufacturer may not use the provisions of subsection (a)(2)(A) for their passenger automobile fleet and the provisions of subsection (a)(2)(B) fo r their light-duty truck and medium-duty passenger vehicle fleet in the same mod el year. The manufacturer may use the provisions of both subsections (a)(2)(A ) and (a)(2)(C) in the same model year. For example, a manufacturer may meet t he N 2 O standard in subsection (a)(2)(A)1 and an alternative CH 4 standard determined under subsection (a)(2)(C).

(A) Standards Applicable to Each Test Group.

1. Exhaust emissions of N 2 O shall not exceed 0.010 grams per mile at full useful life, as measured on the FTP (4 0 CFR, Part 86, Subpart B), as amended by the “California 2015 and Subseque nt Model Criteria

Pollutant Exhaust Emission Standards and Test Proce dures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light Duty Truc ks, and Medium Duty

Vehicles.” Manufacturers may optionally determine an alternati ve N 2 O standard under subsection (a)(2)(C).

2. Exhaust emissions of CH 4 shall not exceed 0.030 grams per mile at full useful life, as measured on the FTP (4 0 CFR, Part 86, Subpart B), as amended by the “California 2015 and Subseque nt Model Criteria

Pollutant Exhaust Emission Standards and Test Proce dures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Truc ks, and MediumDuty Vehicles.” Manufacturers may optionally deter mine an alternative
CH 4 standard under subsection (a)(2)(C).

(B) Including N 2 O and CH

4 in Fleet Averaging Program. Manufacturers may elect to not meet the emission st andards in subsection81

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (a)(2)(A). Manufacturers making this election shal l measure N 2 O and CH 4 emissions for each unique combination of model type and footprint value on both the FTP test cycle and the Highway Fuel Econom y test cycle at full useful life, multiply the measured N 2 O emissions value by 298 and the

measured CH 4 emissions value by 25, and include both of these a djusted

N 2 O and CH 4 full useful life values in the fleet average calcu lations for passenger automobiles and light-duty trucks plus me dium-duty passenger vehicles, as calculated in accordance with subsecti on (a)(2)(A)(D).

(C) Optional Use of Alternative N 2 O and/or CH

4 Standards. Manufacturers may select an alternative standard ap plicable to a test group,

for either N 2 O or CH 4 , or both. For example, a manufacturer may choose to

meet the N 2 O standard in subsection (a)(2)(A)1 and an alternat ive CH 4 standard in lieu of the standard in subsection (a)( 2)(A)2. The alternative standard for each pollutant must be less stringent than the applicable exhaust emission standard specified in subsection (a)(2)(A) . Alternative N 2 O and CH 4 standards apply to emissions as measured on the FTP (40 CFR, Part 86, Subpart B), as amended by the “California 2015 and Subsequent Model

Criteria Pollutant Exhaust Emission Standards and T est Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emissio n Standards and Test Procedures for Passenger Cars, Light-Duty Truc ks, and Medium-Duty Vehicles,” for the full useful life, and become the applicable certification and in-use emission standard(s) for the test group. Ma nufacturers using an

alternative standard for N 2 O and/or CH 4 must calculate emission debits according to the provisions of subsection (a)(2)(D) for each test group/alternative standard combination. Debits mus t be included in the calculation of total credits or debits generated in a model year as required under subsection (b)(1)(B). Flexible fuel vehicles (or other vehicles certified for multiple fuels) must meet these alternative sta ndards when tested on all applicable test fuel type.

(D) CO 2 -Equivalent Debits. CO 2 -equivalent debits for test groups using an alternative N 2 O and/or CH 4 standard as determined under (a)(2)(C) shall be calculated according to the foll owing equation and rounded to the nearest whole gram per mile:

Debits = GWP × (Production) × (AltStd - Std)

Where:

Debits = N 2 O or CH 4 CO 2 -equivalent debits for a test group using

an alternative N 2 O or CH 4 standard; GWP = 25 if calculating CH 4 debits and 298 if calculating N 2 O debits; Production = The number of vehicles of that test gr oup produced and delivered for sale in California;82

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

AltStd = The alternative standard (N 2 O or CH 4 ) selected by the manufacturer under (a)(2)(C); and

Std = The exhaust emission standard for N 2 O or CH 4 specified in (a)(2)(A).

(3) Alternative Fleet Average Standards for Manufacture rs with
Limited U.S. Sales. Manufacturers meeting the criteria in this subsec tion (a)(3) may request that the Executive Officer establish al ternative fleet average CO 2 standards that would apply instead of the standards in subsection (a)(1).

(A) Eligibility for Alternative Standards. Eligibility as determined in this subsection (a)(3) shall be based on the total sales of combined passenger cars, light-duty trucks, and med ium-duty passenger

vehicles. The terms “sales” and “sold” as used in t his subsection (a)(3) shall mean vehicles produced and delivered for sale (or s old) in the states and territories of the United States. For the purpose o f determining eligibility the sales of related companies shall be aggregated acco rding to the provisions of section 1900. To be eligible for alternative standa rds established under this subsection (a)(3), the manufacturer's average sales for the three most recent consecutive model years must remain below 5,000. If a manufacturer's average sales for the three most recent consecutive model years exceeds 4,999, the manufacturer will no longer be eligible for exemption and must meet applicable emission standards as follows.

1. If a manufacturer's average sales for three cons ecutive model years exceeds 4,999, and if the increase in s ales is the result of corporate acquisitions, mergers, or purchase by ano ther manufacturer, the manufacturer shall comply with the emission standar ds described in subsections (a)(1) and (a)(2), as applicable, begin ning with the first model year after the last year of the three consecutive m odel years.

2. If a manufacturer's average sales for three cons ecutive model years exceeds 4,999 and is less than 50,000, and if the increase in sales is solely the result of the manufacturer's ex pansion in vehicle production (not the result of corporate acquisition s, mergers, or purchase by another manufacturer), the manufacturer shall co mply with the emission standards described in subsections (a)(1) and (a)(2), as applicable, beginning with the second model year af ter the last year of the three consecutive model years.

(B) Requirements for New Entrants into the U.S. Market. New entrants are those manufacturers without a prior re cord of automobile sales in the United States and without prior certification t o (or exemption from, under 40 CFR §86.1801-12(k)) greenhouse gas emission stan dards in 40 CFR §86.1818-12 or greenhouse gas standards in section 1961.1. In addition to83

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 the eligibility requirements stated in subsection ( a)(3)(A), new entrants must meet the following requirements:

1. In addition to the information required under su bsection (a)(3)(D), new entrants must provide documentation that shows a clear intent by the company to actually enter the U.S. ma rket in the years for which alternative standards are requested. Demonst rating such intent could include providing documentation that shows th e establishment of a U.S. dealer network, documentation of work underway to meet other U.S. requirements (e.g., safety standards), or other inf ormation that reasonably

establishes intent to the satisfaction of the Execu tive Officer.

2. Sales of vehicles in the U.S. by new entrants mu st remain below 5,000 vehicles for the first two model years in the U.S. market and the average sales for any three consecutive years w ithin the first five years of entering the U.S. market must remain below 5,000 vehicles.

Vehicles sold in violation of these limits will be considered not covered by the certificate of conformity and the manufacturer will be subject to penalties on an individual-vehicle basis for sale o f vehicles not covered by a certificate. In addition, violation of these lim its will result in loss of eligibility for alternative standards until such po int as the manufacturer demonstrates two consecutive model years of sales b elow 5,000

automobiles.

3. A manufacturer with sales in the most recent mod el year of less than 5,000 automobiles, but where prior model year sales were not less than 5,000 automobiles, is eligible to request alternative standards under subsection (a)(3). However, such a manufactu rer will be considered a new entrant and subject to the provisi ons regarding new entrants in this subsection (a)(3), except that the requirement to
demonstrate an intent to enter the U.S. market in s ubsection (a)(3)(B)(1) shall not apply.

(C) How to Request Alternative Fleet Average Standards. Eligible manufacturers may petition for alternative standards for up to five consecutive model years if sufficient information i s available on which to base

such standards.

1. To request alternative standards starting with t he 2017 model year, eligible manufacturers must submit a co mpleted application no later than July 30, 2013.

2. To request alternative standards starting with a model after 2017, eligible manufacturers must submit a complete d application no later than 36 months prior to the start of the first mode l year to which the alternative standards would apply.84

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

3. The application must contain all the information required in subsection (a)(3)(D), and must be signed by a chief officer of the company. If the Executive Officer determines that the content of the request is incomplete or insufficient, the manufact urer will be notified and given an additional 30 days to amend the request.

(D) Data and Information Submittal Requirements. Eligible manufacturers requesting alternative standards unde r subsection (a)(3) must submit the following information to the California Air Resources Board. The Executive Officer may request additional informatio n as s/he deems appropriate. The completed request must be sent to the California Air Resources Board at the following address: Chief, Mo bile Source Operations Division, California Air Resources Board, 9480 Tels tar Avenue, Suite 4, El Monte, California 91731.

1. Vehicle Model and Fleet Information

.

a. The model years to which the requested alternati ve standards would apply, limited to five consecutive model years.

b. Vehicle models and projections of production vol umes for each model year.

c. Detailed description of each model, including th e vehicle type, vehicle mass, power, footprint, and expected pricing.

d. The expected production cycle for each model, in cluding new model introductions and redesign or refresh cyc les.

2. Technology Evaluation Information

.

a. The CO 2 reduction technologies employed by the manufacturer on each vehicle model, including infor mation regarding
the cost and CO 2 -reducing effectiveness. Include technologies that improve air conditioning efficiency and reduce air conditioning system leakage, and any “off-cycle” technologies that pote ntially provide benefits outside the operation represented by the F TP and the

HWFET.

b. An evaluation of comparable models from other manufacturers, including CO 2 results and air conditioning credits generated by the models. Comparable vehicles shoul d be similar, but not necessarily identical, in the following respect s: vehicle type, horsepower, mass, power-to-weight ratio, footprint, retail price, and any other relevant factors. For manufacturers requ esting alternative standards starting with the 2017 model year, the an alysis of85

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

comparable vehicles should include vehicles from th e 2012 and 2013 model years, otherwise the analysis should at a min imum include vehicles from the most recent two model years.

c. A discussion of the CO 2 -reducing technologies employed
on vehicles offered outside of the U.S. market but not available in the U.S., including a discussion as to why those vehicl es and/or technologies are not being used to achieve CO 2 reductions for vehicles

in the U.S. market.

d. An evaluation, at a minimum, of the technologies projected by the California Air Resources Board in the “Staff Report: Initial Statement of Reasons for Proposed Rulemakin g, Public Hearing
to Consider the “LEV III” Amendments to The Califor nia Greenhouse Gas and Criteria Pollutant Exhaust and Evaporative Emission
Standards and Test Procedures and to the On-Board D iagnostic System Requirements for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, and to the Evaporative Emissi on Requirements for Heavy-Duty Vehicles” and the appendices to this report, released on December 7, 2011, as those technologies likely t o be used to meet greenhouse gas emission standards and the extent to which those technologies are employed or projected to be employ ed by the manufacturer. For any technology that is not proje cted to be fully employed, the manufacturer must explain why this is the case.

3. Information Supporting Eligibility

.

a. U.S. sales for the three previous model years an d projected sales for the model years for which the m anufacturer is seeking alternative standards.

b. Information regarding ownership relationships wi th other manufacturers, including details regarding the appl ication of the provisions of 40 CFR §86.1838–01(b)(3) and section 1900 regarding the aggregation of sales of related companies.

(E) Alternative Standards. Upon receiving a complete application, the Executive Officer will review the application and determine

whether an alternative standard is warranted. If the Executive Officer judges that an alternative standard is warranted, the foll owing standards shall apply. For the purposes of this subsection (a)(3)(E), an “ ultra-small volume

manufacturer” shall mean a manufacturer that meets the requirements of subsection (a)(3).

1. At the beginning of the model year that is three model years prior to the model year for which an alternative st andard is requested,86

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 each ultra-small volume manufacturer shall identify all vehicle models from the model year that is four model years prior to th e model year for which an alternative standard is requested, certified by a large volume manufacturer that are comparable to that small volu me manufacturer’s vehicle models for the model year for which an alte rnative standard is requested, based on model type and footprint value. The ultra-small

volume manufacturer shall demonstrate to the Execut ive Officer the appropriateness of each comparable vehicle model se lected. Upon approval of the Executive Officer, s/he shall provi de to the ultra-small volume manufacturer the target grams CO 2 per mile for each vehicle model type and footprint value that is approved. T he ultra-small volume manufacturer shall calculate its fleet average CO 2 standard in accordance with subsection (a)(1)(C) based on these target gra ms CO 2 per mile values provided by the Executive Officer.

2. In the 2017 and subsequent model years, an ultra -small

volume manufacturer shall either:

a. not exceed its fleet average CO 2 standard calculated in accordance with subsection (a)(1)(C) based on the t arget grams CO 2 per mile values provided by the Executive Officer; or

b. upon approval of the Executive Officer, if an ul tra-small

volume manufacturer demonstrates a vehicle model us es an engine, transmission, and emission control system and has a footprint value that are identical to a configuration certified for sale in California by a large volume manufacturer, those ultra-small volume manufacturer vehicle models are exempt from meeting the requirem ents in paragraph 2.a of this subsection.

(F) Restrictions on Credit Trading. Manufacturers subject to alternative standards approved by the Executive Off icer under this subsection (a)(3) may not trade credits to another manufacture r. Transfers of credits

between a manufacturer’s car and truck fleets are a llowed.

(4) Greenhouse Gas Emissions Values for Electric Vehicles, “PlugIn” Hybrid Electric Vehicles, and Fuel Cell Vehicle s.

(A) Electric Vehicle Calculations.

1. For each unique combination of model type and fo otprint value, a manufacturer shall calculate the City CO 2 Value using the following formula:

City CO 2 Value = (270 gCO 2 e/kWh) * E EV – 0.25 * CO 2 target87

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Where E

EV is measured directly from each cycle for each test vehicle of battery electric vehicle technology in units of kil owatt-hours per mile (per SAE J1634, incorporated herein by reference).

2. For each unique combination of model type and fo otprint value, a manufacturer shall calculate the Highway C O 2 Value using the following formula:

Highway CO 2 Value = (270 gCO 2 e/kWh) * E EV – 0.25 * CO 2 target

Where E

EV is measured directly from each cycle for each test vehicle of battery electric vehicle technology in units of kil owatt-hours per mile (per SAE J1634, incorporated herein by reference).

(B) “Plug-In” Hybrid Electric Vehicle Calculations. For each unique combination of model type and footprint valu e, a manufacturer shall calculate the City CO 2 Value and the Highway CO 2 Value using the following

formulas:

City CO 2 Value = GHG urban and Highway CO 2 Value = GHG highway

Where GHG urban and GHG highway are measured in accordance with section
G.12 of the “California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck an d Medium-Duty
Vehicle Classes” or the “California Exhaust Emissio n Standards and Test Procedures for 2018 and Subsequent Model Zero-Emiss ion Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Lig ht-Duty Truck and Medium-Duty Vehicle Classes,” as applicable.

(C) Fuel Cell Vehicle Calculations. For each unique combination of model type and footprint value, a manufacturer s hall calculate the City CO 2 Value and the Highway CO 2 Value using the following formulas:

City CO 2 = GHG FCV = (9132 gCO 2 e/kg H 2 ) * H FCV – G upstream and Highway CO 2 = GHG FCV = (9132 gCO 2 e/kg H 2 ) * H FCV – G upstream

Where H

FCV means hydrogen consumption in kilograms of hydroge n per mile, measured for the applicable test cycle, in ac cordance with SAE J2572 (published October 2008), incorporated herein by reference.88

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(5) Calculation of Fleet Average Carbon Dioxide Value.

(A) For each unique combination of model type and f ootprint value, a manufacturer shall calculate a combined ci ty/highway CO 2 exhaust

emission value as follows:

0.55 x City CO 2 Value + 0.45 x Highway CO 2 Value

“City” CO 2 exhaust emissions shall be measured using the FTP test cycle (40 CFR, Part 86, Subpart B), as amended by the “Califo rnia 2015 and Subsequent Model Criteria Pollutant Exhaust Emissio n Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenge r Cars, Light Duty Trucks, and Medium Duty Vehicles.” “Highway” CO 2 exhaust emission shall be measured using the using the Highway Fuel Econom y Test (HWFET; 40 CFR 600 Subpart B).

(B) Each combined city/highway CO 2 exhaust emission, determined for each unique combination of model typ e and footprint value, shall be multiplied by the total production of that model type/footprint combination for the applicable model year.

(C) The resulting products shall be summed, and tha t sum shall be divided by the total production of passenger car s or total combined production of light-duty trucks and medium-duty pas senger vehicles, as applicable, in that model year. The result shall b e rounded to the nearest whole gram per mile. This result shall be the manu facturer’s actual salesweighted fleet average CO 2 value for the manufacturer’s passenger car fleet or its combined light-duty truck and medium-duty pa ssenger vehicle fleet, as applicable.

(D) For each model year, a manufacturer must demons trate compliance with the fleet average requirements in s ection (a)(1) based on one of two options applicable throughout the model year, either:

Option 1: the total number of passenger cars, light -duty trucks, and medium-duty passenger vehicles that are certified to

the California exhaust emission standards in sectio n 1961.3, and are produced and delivered for sale in California; or Option 2: the total number of passenger cars, light -duty trucks, and medium-duty passenger vehicles that are certified to

the California exhaust emission standards in this s ection 1961.3, and are produced and delivered for sale in Californ ia, the District of Columbia, and all states that have adopted Californ ia's greenhouse gas emission standards for that model year pursuant to Section 177 of the federal Clean Air Act (42 U.S.C. § 7507).89

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

1. A manufacturer that selects compliance Option 2 must notify the Executive Officer of that selection, in writing, prior to the start of the applicable model year or must comply with Op tion 1. Once a manufacturer has selected compliance Option 2, that selection applies unless the manufacturer selects Option 1 and notifi es the Executive Officer of that selection in writing before the sta rt of the applicable model year.

2. When a manufacturer is demonstrating compliance using Option 2 for a given model year, the term "in Calif ornia" as used in section 1961.3 means California, the District of Co lumbia, and all states that have adopted California's greenhouse ga s emission standards for that model year pursuant to Section 1 77 of the federal Clean Air Act (42 U.S.C. § 7507).

3. A manufacturer that selects compliance Option 2 must provide to the Executive Officer separate values fo r the number of vehicles in each model type and footprint value pro duced and
delivered for sale in the District of Columbia and for each individual state within the average and the City CO 2 Value and Highway CO 2 exhaust emission values that apply to each model ty pe and footprint

value.

(6) Credits for Reduction of Air Conditioning Direct Em issions. Manufacturers may generate A/C Direct Emissions Cre dits by implementing specific air conditioning system technologies desig ned to reduce air conditioning

direct emissions over the useful life of their vehi cles. A manufacturer may only

use an A/C Direct Emissions Credit for vehicles wit hin a model type upon approval of the A/C Direct Emissions Credit for tha t model type by the Executive Officer. The conditions and requirements for obtain ing approval of an A/C Direct Emissions Credit are described in (A) through (F), below.

(A) Applications for approval of an A/C Direct Emis sions Credit must be organized by model type. The applications must also include:

• vehicle make and

• number of vehicles within the model type that will be equipped with the air conditioning system to which the leakage credit shall apply.

Separate applications must be submitted for any two configurations of an A/C system with differences other than dimensional vari ation.

(B) To obtain approval of the A/C Direct Emissions Credit, the manufacturer must demonstrate through an engineerin g evaluation that the A/C system under consideration reduces A/C direct e missions. The demonstration must include all of the following ele ments:90

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 • the amount of A/C Direct Emissions Credit requeste d, in grams of CO 2 - equivalent per mile (gCO 2 e/mi);

• the calculations identified in section (a)(6)(C) j ustifying that credit
amount;

• schematic of the A/C system;

• specifications of the system components with suffi cient detail to allow reproduction of the calculation; and

• an explanation describing what efforts have been m ade to minimize the number of fittings and joints and to optimize t he components in order to minimize leakage.

Calculated values must be carried to at least three significant figures throughout the calculations, and the final credit v alue must be rounded to one tenth of a gram of CO 2 -equivalent per mile (gCO 2 e/mi).

(C) The calculation of A/C Direct Emissions Credit depends on the refrigerant or type of system, and is specified in paragraphs 1, 2, and 3 of

this subsection.

1. HFC-134a vapor compression systems

For A/C systems that use HFC-134a refrigerant, the A/C Direct Emissions Credit is calculated using the following formula:



### ) 1( / LR Avg LR Baseline Credit Direct Credit Direct C A

− × =

Where:
Direct Credit Baseline

= 12.6 gCO 2 e/mi for passenger cars; Direct Credit Baseline = 15.6 gCO2e/mi for light-du ty trucks and medium-duty passenger vehicles; Avg LR = 16.6 grams/year for passenger cars; Avg LR = 20.7 grams/year for light-duty trucks and medium -duty passenger vehicles;

LR = the larger of SAE LR or Min LR ;

Where:
SAE LR = initial leak rate evaluated using SAE Internatio nal’s Surface Vehicle Standard SAE J2727 (Revised August 2008), incorporated by reference, herein;

Min LR = 8.3 grams/year for passenger car A/C systems wit h belt-driven compressors;

Min LR = 10.4 grams/year for light-duty truck and medium- duty passenger vehicle A/C systems with belt-driven

compressors;91

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Min LR = 4.1 grams/year for passenger car A/C systems wit h electric compressors;

Min LR = 5.2 grams/year for light-duty truck and medium-d uty passenger vehicle A/C systems with electric compres sors.

Note: Initial leak rate is the rate of refrigerant leakage from a newly manufactured A/C system in grams of refrigerant per year. The Executive Officer may allow a manufacturer to use an updated version of the August

2008 version of SAE J2727 or an alternate method if s/he determines that the updated SAE J2727 or the alternate method provi des more accurate estimates of the initial leak rate of A/C systems t han the August 2008
version of SAE J2727 does.

2. Low-GWP vapor compression systems

For A/C systems that use a refrigerant having a GWP of 150 or less, the

A/C Direct Emissions Credit shall be calculated usi ng the following

formula:



### Penalty Leak High Credit GWP Low Credit Direct C A

−

= /

Where:

) 430,1 1( GWP Credit GWP Low Max Credit GWP Low

− × = ,

and

      

≤ ≤ <

− − × >

=

. if ,0 ; if, ; if

,

LR Min LR SAE LR

Avg LR SAE LR Min LR Min LR Avg LR

Min LR SAE Penalty Leak High Max LR Avg LR SAE Penalty Leak High Max Penalty Leak High

Where:
Max Low GWP Credit = 13.8 gCO 2 e/mi for passenger cars;

Max Low GWP Credit

= 17.2 gCO 2 e/mi for light-duty trucks and medium-duty passenger vehicles;
GWP = the global warming potential of the refrigerant over a 100-year horizon, as specified in section (a)(6)(F) ; Max High Leak Penalty = 1.8 gCO 2 e/mi for passenger cars; Max High Leak Penalty = 2.1 gCO 2 e/mi for light-duty trucks and medium-duty passenger vehicles; Avg LR = 13.1 g/yr for passenger cars;92

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Avg LR = 16.6 g/yr for light-duty trucks and medium-duty passenger vehicles;

and where:

SAE LR = initial leak rate evaluated using SAE

International’s Surface Vehicle Standard SAE J2727 (Revised August 2008);

Min LR = 8.3 g/yr for passenger cars;

Min LR = 10.4 g/yr for light-duty trucks and medium-duty passenger vehicles.

Note: Initial leak rate is the rate of refrigerant leakage from a newly manufactured A/C system in grams of refrigerant per year. The Executive Officer may allow a manufacturer to use an updated version of SAE J2727 or an alternate applicable test method if s/he find s the update or the alternate method provides more accurate estimates o f the initial leak rate of A/C systems than the August 2008 version of SAE J2727 does.

3. Other A/C systems

For an A/C system that uses a technology other than vapor compression cycles, an A/C Direct Emissions Credit may be appro ved by the Executive Officer. The amount of credit requested must be ba sed on demonstration
of the reduction of A/C direct emissions of the tec hnology using an engineering evaluation that includes verifiable lab oratory test data, and cannot exceed 13.8 gCO 2 e/mi for passenger cars and 17.2 gCO 2 e/mi for light-duty trucks and medium-duty passenger vehicle s.

(D) The total leakage reduction credits generated b y the air conditioning system shall be calculated separately for passenger cars, and for light-duty trucks and medium-duty passenger vehicle s, according to the following formula:

Total Credits (g/mi) = A/C Direct Credit × Producti on

Where: A/C Direct Credit is calculated as specified in sub section (a)(6)(C). Production = The total number of passenger cars or lightduty trucks plus medium-duty passenger vehicles, wh ichever is applicable, produced and delivered for sale in Cali fornia, with the air conditioning system to which the A/D Direct Credit value from subsection (a)(6)(C) applies.93

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(E) The results of subsection (a)(6)(D), rounded to the nearest whole gram per mile, shall be included in the manuf acturer's credit/debit totals calculated in subsection (b)(1)(B).

(F) The following values for refrigerant global war ming potential (GWP), or alternative values as determined by the E xecutive Officer, shall be used in the calculations of this subsection (a)(6). The Executive Officer shall determine values for refrigerants not included in t his subsection (a)(6)(F) upon request by a manufacturer, based on findings b y the Intergovernmental Panel on Climate Change (IPCC) or from other applic able research studies.

Refrigerant GWP
HFC–134a 1,430

HFC–152a 124 HFO–1234yf 4

CO 2 1

(7) Credits for Improving Air Conditioning System Effic iency. Manufacturers may generate CO 2 credits by implementing specific air conditioning system technologies designed to reduce air conditioning-related
CO 2 emissions over the useful life of their passenger cars, light-duty trucks, and/or medium-duty passenger vehicles. Credits shal l be calculated according to this subsection (a)(7) for each air conditioning sy stem that the manufacturer is using to generate CO 2 credits. The eligibility requirements specified i n subsection (a)(7)(E) must be met before an air cond itioning system is allowed to generate credits.

(A) Air conditioning efficiency credits are availab le for the following technologies in the gram per mile amounts indicated for each vehicle category in the following table:94

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Air Conditioning Technology Passenger

Cars (g/mi) Light-Duty

Trucks and Medium-Duty Passenger

Vehicles (g/mi)

Reduced reheat, with externally-controlled, variabl edisplacement compressor ( e.g. a compressor that controls displacement based on temperature setpoint and/or c ooling demand of the air conditioning system control setti ngs inside the passenger compartment). 1.5 2.2

Reduced reheat, with externally-controlled, fixed-d isplacement or pneumatic variable displacement compressor ( e.g. a compressor that controls displacement based on conditions with in, or internal to, the air conditioning system, such as head press ure, suction pressure, or evaporator outlet temperature). 1.0 1.4

Default to recirculated air with closed-loop contro l of the air supply (sensor feedback to control interior air qua lity) whenever the ambient temperature is 75 °F or higher: Air con ditioning systems that operated with closed-loop control of t he air supply at different temperatures may receive credits by su bmitting an engineering analysis to the Administrator for appro val. 1.5 2.2

Default to recirculated air with open-loop control air supply (no sensor feedback) whenever the ambient temperature i s 75 °F or higher. Air conditioning systems that operate with open-loop control of the air supply at different temperatures may receive credits by submitting an engineering analysis to th e Administrator for approval. 1.0 1.4

Blower motor controls which limit wasted electrical energy ( e.g. pulse width modulated power controller). 0.8 1.1

Internal heat exchanger ( e.g. a device that transfers heat from the high-pressure, liquid-phase refrigerant enterin g the evaporator to the low-pressure, gas-phase refrigera nt exiting the evaporator). 1.0 1.4

Improved condensers and/or evaporators with system analysis on the component(s) indicating a coefficient of per formance improvement for the system of greater than 10% when compared to previous industry standard designs). 1.0 1.4

Oil separator. The manufacturer must submit an engi neering analysis demonstrating the increased improvement of the system relative to the baseline design, where the baseline component for comparison is the version which a manufacturer most recently had in production on the same vehicle design or in a similar or

related vehicle model. The characteristics of the b aseline component shall be compared to the new component to demonstrate the improvement. 0.5 0.7

(B) Air conditioning efficiency credits are determi ned on an air conditioning system basis. For each air conditionin g system that is eligible for

a credit based on the use of one or more of the ite ms listed in subsection (a)(7)(A), the total credit value is the sum of the gram per mile values listed in95

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 subsection (a)(7)(A) for each item that applies to the air conditioning system. However, the total credit value for an air conditio ning system may not be greater than 5.0 grams per mile for any passenger c ar or 7.2 grams per mile for any light-duty truck or medium-duty passenger v ehicle.

(C) The total efficiency credits generated by an ai r conditioning system shall be calculated separately for passenger cars and for light-duty trucks plus medium-duty passenger vehicles accordin g to the following

formula:

Total Credits (g/mi) = Credit × Production

Where:
Credit = the CO 2 efficiency credit value in grams per mile determined in subsection (a)(7)(B) or (a)(7)(E), wh ichever is applicable. Production = The total number of passenger cars or lightduty trucks plus medium-duty passenger vehicles, wh ichever is applicable, produced and delivered for sale in Cali fornia, with the air conditioning system to which to the efficiency credit value from subsection (a)(7)(B) applies.

(D) The results of subsection (a)(7)(C), rounded to the nearest whole gram per mile, shall be included in the manuf acturer’s credit/debit totals calculated in subsection (b)(1)(B).

(E) For the purposes of this subsection (a)(7)(E), the AC17 Test Procedure shall mean the AC17 Air Conditioning Effi ciency Test Procedure set forth in the “California 2015 and Subsequent Mo del Criteria Pollutant

Exhaust Emission Standards and Test Procedures and 2017 and Subsequent

Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-D uty Vehicles.”

1. For each air conditioning system selected by the manufacturer to generate air conditioning efficienc y credits, the manufacturer shall perform the AC17 Test Procedure.

2. Using good engineering judgment, the manufacture r must select the vehicle configuration to be tested that is expected to result in the greatest increased CO 2 emissions as a result of the operation of the air conditioning system for which efficiency credit s are being sought. If the air conditioning system is being installed in passe nger cars, light-duty trucks, and medium-duty passenger vehicles, a separ ate determination of the quantity of credits for passenger cars and for light-duty trucks and medium-duty passenger vehicles must be made, but on ly one test vehicle96

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 is required to represent the air conditioning syste m, provided it represents the worst-case impact of the system on CO 2 emissions.

3. For each air conditioning system selected by the manufacturer to generate air conditioning efficienc y credits, the manufacturer shall perform the AC17 Test Procedure according to the following requirements. Each air conditioning syst em shall be tested as

follows:

a. Perform the AC17 test on a vehicle that incorpor ates the air conditioning system with the credit-generating technologies.

b. Perform the AC17 test on a vehicle which does no t incorporate the credit-generating technologies. Th e tested vehicle

must be similar to the vehicle tested under subsect ion (a)(7)(E)(3)a.

c. Subtract the CO 2 emissions determined from testing under subsection (a)(7)(E)(3)a from the CO 2 emissions determined from testing under subsection (a)(7)(E)(3)b and rou nd to the nearest 0.1 grams/mile. If the result is less than or equa l to zero, the air conditioning system is not eligible to generate cre dits. If the result is greater than or equal to the total of the gram per mile credits determined under subsection (a)(7)(B), then the air conditioning system is eligible to generate the maximum allowabl e value determined under subsection (a)(7)(B). If the resul t is greater than zero but less than the total of the gram per mile credit s determined under subsection (a)(7)(B), then the air conditioning sys tem is eligible to generate credits in the amount determined by subtra cting the CO 2 emissions determined from testing under subsection (a)(7)(E)(3)a from

the CO 2 emissions determined from testing under subsection (a)(7)(E)(3)b and rounding to the nearest 0.1 grams /mile.

4. For the first model year for which an air condit ioning system is expected to generate credits, the manufacturer m ust select for testing the highest-selling subconfiguration within each ve hicle platform that uses the air conditioning system. Credits may continue to be generated by the air conditioning system installed in a vehicle plat form provided that:

a. The air conditioning system components and/or co ntrol strategies do not change in any way that could be e xpected to cause a change in its efficiency;

b. The vehicle platform does not change in design s uch that the changes could be expected to cause a change in the efficiency of the air conditioning system; and97

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

c. The manufacturer continues to test at least one subconfiguration within each platform using the air co nditioning system, in each model year, until all sub-configurations withi n each platform have

been tested.

5. Each air conditioning system must be tested and must meet the testing criteria in order to be allowed to gene rate credits. Using good engineering judgment, in the first model year for w hich an air conditioning system is expected to generate credits, the manufac turer must select for testing the highest-selling subconfiguration within each vehicle platform using the air conditioning system. Credits may con tinue to be generated by an air conditioning system in subsequent model y ears if the

manufacturer continues to test at least one sub-con figuration within each platform on annually, as long as the air conditioni ng system and vehicle platform do not change substantially.

(8) Off-Cycle Credits. Manufacturers may generate credits for CO 2 - reducing technologies where the CO 2 reduction benefit of the technology is not adequately captured on the FTP and/or the HWFET. T hese technologies must have a measurable, demonstrable, and verifiable rea l-world CO 2 reduction that

occurs outside the conditions of the FTP and the HW FET. These optional credits are referred to as “off-cycle” credits. Off-cycle technologies used to generate

emission credits are considered emission-related co mponents subject to applicable requirements, and must be demonstrated t o be effective for the full

useful life of the vehicle. Unless the manufacturer demonstrates that the technology is not subject to in-use deterioration, the manufacturer must account for the deterioration in their analysis. The manuf acturer must use one of the three options specified in this subsection (a)(8) t o determine the CO 2 gram per mile credit applicable to an off-cycle technology. The manufacturer should notify the Executive Officer in its pre-model year report of its intention to generate any credits under this subsection (a)(8).

(A) Credit available for certain off-cycle technologies

.

1. The manufacturer may generate a CO 2 gram/mile credit for certain technologies as specified in the following table, provided that each technology is applied to the minimum percentage of the manufacturer’s total U.S. production of passenger cars, light-duty trucks, and mediumduty passenger vehicles specified in the table in e ach model year for which credit is claimed. Technology definitions are in subsection (e).98

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Off-Cycle Technology Passenger Cars (g/mi) Light

- Duty

Trucks and Medium-Duty Passenger Vehicles (g/mi) Minimum Total
Percent of U.S.

Production

Active aerodynamics 0.6 1.0 10

High efficiency exterior lighting 1.1 1.1 10

Engine heat

recovery 0.7 per 100W of capacity 0.7 per 100W of

capacity 10

Engine startstop (idle-off) 2.9 4.5 10

Active

transmission

warm-up 1.8 1.8 10

Active engine

warm-up 1.8 1.8 10

Electric heater circulation pump 1.0 1.5 n/a

Solar roof panels 3.0 3.0 n/a

Thermal control ≤ 3.0 ≤ 4.3 n/a

a. Credits may also be accrued for thermal control technologies as defined in subsection (e) in the am ounts shown in the following table:

Thermal Control Technology Credit value:

Passenger Cars (g/mi) Credit Value: Light

- Duty

Trucks and MediumDuty Passenger Vehicles

(g/mi) Glass or glazing ≤ 2.9 ≤ 3.9

Active seat

ventilation 1.0 1.3

Solar reflective paint 0.4 0.5

Passive cabin

ventilation 1.7 2.3

Active cabin

ventilation 2.1 2.8

b. The maximum credit allowed for thermal control technologies is limited to 3.0 g/mi for passenger c ars and to 4.3 g/mi for light-duty trucks and medium-duty passenger veh icles. The maximum credit allowed for glass or glazing is limi ted to 2.9 g/mi for passenger cars and to 3.9 g/mi for light-duty truck s and medium-duty passenger vehicles.99

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

c. Glass or glazing credits are calculated using th e following equation: Credit = ./ ×0 1  × 2 

2

3$ 4

Where: Credit = the total glass or glazing credits, in gra ms per mile, for a vehicle, which may not exceed 3.0 g/mi for pa ssenger cars or 4.3 g/mi for light-duty trucks and medium-duty pass enger vehicles; Z = 0.3 for passenger cars and 0.4 for light-duty t rucks and medium-duty passenger vehicles;
G i = the measured glass area of window i, in square m eters and rounded to the nearest tenth; G = the total glass area of the vehicle, in square meters and rounded to the nearest tenth; Ti = the estimated temperature reduction for the gl ass area of window i

, determined using the following formula:

1  = 0.3987 × 1;< =
 −1;<
 

Where:

Tts new

= the total solar transmittance of the glass, meas ured according to ISO 13837:2008, “Safety glazing materi als – Method for determination of solar transmittance” (incorpor ated by reference, herein).

Tts base = 62 for the windshield, side-front, side-rear, re arquarter, and backlite locations, and 40 for rooflit e locations.

2. The maximum allowable decrease in the manufactur er’s combined passenger car and light-duty truck plus me dium-duty passenger vehicle fleet average CO 2 emissions attributable to use of the default credit values in subsection (a)(8)(A)1 is 10 grams per mile. If the total of

the CO 2 g/mi credit values from the table in subsection (a )(8)(A)1 does not exceed 10 g/mi for any passenger automobile or ligh t truck in a manufacturer’s fleet, then the total off-cycle cred its may be calculated according to subsection (a)(8)(D). If the total of the CO 2 g/mi credit values from the table in subsection (a)(8)(A)1 exceeds 10 g/mi for any passenger car, light-duty truck, or medium-duty passenger veh icle in a manufacturer’s fleet, then the gram per mile decrea se for the combined passenger car and light-duty truck plus medium-duty passenger vehicle fleet must be determined according to subsection (a )(8)(A)2.a to determine whether the 10 g/mi limitation has been e xceeded.100

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

a. Determine the gram per mile decrease for the com bined passenger car and light-duty truck plus medium-duty passenger vehicle fleet using the following formula:

Decrease = C
×$,,

EFGHI J ×$,"&  K FGHI L ×"",M& N

Where: Credits = The total of passenger car and light-duty truck plus medium-duty passenger vehicles credits, in Megagram s, determined according to subsection (a)(8)(D) and li mited to those credits accrued by using the default gram per mile values in subsection (a)(8)(A)1.

Prod C = The number of passenger cars produced by the

manufacturer and delivered for sale in the U.S.

Prod T = The number of light-duty trucks and medium-duty passenger vehicles produced by the manufacturer and delivered for

sale in the U.S.

b. If the value determined in subsection (a)(8)(A)2 .a is greater than 10 grams per mile, the total credits, in Megagrams, that may be accrued by a manufacturer using the default gram per mile values in subsection (a)(8)(A)1 shall be determined using the following

formula:

Credit	Megagrams = R10 × T Prod W × 195,264  + Prod ] × 225,865  ^_

1,000,000

Where:

Prod C = The number of passenger cars produced by the

manufacturer and delivered for sale in the U.S.

Prod T = The number of light-duty trucks and medium-duty passenger vehicles produced by the manufacturer and delivered for

sale in the U.S.

c. If the value determined in subsection (a)(8)(A)2 .a is not greater than 10 grams per mile, then the credits th at may be accrued by a manufacturer using the default gram per mile v alues in subsection (a)(8)(A)1 do not exceed the allowable limit, and t otal credits may be determined for each category of vehicles according to subsection (a)(8)(D).

d. If the value determined in subsection (a)(8)(A)2 .a is greater than 10 grams per mile, then the combined p assenger car and light-duty truck plus medium-duty passenger vehicle credits, in Megagrams, that may be accrued using the calculatio ns in subsection (a)(8)(D) must not exceed the value determined in s ubsection101

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(a)(8)(A)2.b. This limitation should generally be done by reducing the amount of credits attributable to the vehicle categ ory that caused the

limit to be exceeded such that the total value does not exceed the value determined in subsection (a)(8)(A)2.b. 3. In lieu of using the default gram per mile value s specified in subsection (a)(8)(A)1 for specific technologies, a manufacturer may determine an alternative value for any of the speci fied technologies. An alternative value must be determined using one of t he methods specified in subsection (a)(8)(B) or subsection (a)(8)(C).

(B) Technology demonstration using EPA 5-cycle methodol ogy. To demonstrate an off-cycle technology and to deter mine a CO 2 credit using the EPA 5-cycle methodology, the manufacturer shall determine the off-cycle city/highway combined carbon-related exhaust emissi ons benefit by using the EPA 5-cycle methodology described in 40 CFR Part 60 0. Testing shall be performed on a representative vehicle, selected usi ng good engineering judgment, for each model type for which the credit is being demonstrated. The emission benefit of a technology is determined by testing both with and without the off-cycle technology operating. Multip le off-cycle technologies may be demonstrated on a test vehicle. The manufac turer shall conduct the following steps and submit all test data to the Exe cutive Officer.

1. Testing without the off-cycle technology install ed and/or operating. Determine carbon-related exhaust emissi ons over the FTP, the HWFET, the US06, the SC03, and the cold temperature FTP test procedures according to the test procedure provisio ns specified in 40 CFR part 600 subpart B and using the calculation proced ures specified in §600.113–08 of this chapter. Run each of these tes ts a minimum of three times without the off-cycle technology installed an d operating and average the per phase (bag) results for each test procedure . Calculate the 5-cycle weighted city/highway combined carbon-related exhau st emissions from the averaged per phase results, where the 5-cycle c ity value is weighted 55% and the 5-cycle highway value is weighted 45%. The resulting combined city/highway value is the baseline 5-cycle carbon-related

exhaust emission value for the vehicle.

2. Testing with the off-cycle technology installed and/or operating. Determine carbon-related exhaust emissio ns over the US06, the SC03, and the cold temperature FTP test procedu res according to the test procedure provisions specified in 40 CFR part 600 subpart B and using the calculation procedures specified in 40 CF R §600.113–08. Run

each of these tests a minimum of three times with t he off-cycle technology installed and operating and average the per phase ( bag) results for each test procedure. Calculate the 5-cycle weighted cit y/highway combined carbon-related exhaust emissions from the averaged per phase results, where the 5-cycle city value is weighted 55% and th e 5-cycle highway102

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 value is weighted 45%. Use the averaged per phase results for the FTP and HWFET determined in subsection (a)(8)(B)1 for o peration without the off-cycle technology in this calculation. The resu lting combined city/highway value is the 5-cycle carbon-related ex haust emission value showing the off-cycle benefit of the technology but excluding any benefit of the technology on the FTP and HWFET.

3. Subtract the combined city/highway value determi ned in subsection (a)(8)(B)1 from the value determined in subsection (a)(8)(B)2. The result is the off-cycle benefit of the technolo gy or technologies being evaluated. If this benefit is greater than or equal to three percent of the value determined in subsection (a)(8)(B)1 then the manufacturer may use this value, rounded to the nearest tenth of a gram per mile, to determine credits under subsection (a)(8)(C).

4. If the value calculated in subsection (a)(8)(B)3 is less than two percent of the value determined in subsection ( a)(8)(B)1, then the manufacturer must repeat the testing required under subsections (a)(8)(B)1 and (a)(8)(B)2, except instead of runnin g each test three times they shall run each test two additional times. The off-cycle benefit of the technology or technologies being evaluated shall be calculated as in subsection (a)(8)(B)3 using all the tests conducted under subsections (a)(8)(B)1, (a)(8)(B)2, and (a)(8)(B)4. If the val ue calculated in subsection (a)(8)(B)3 is less than two percent of the value de termined in subsection (a)(8)(B)1, then the manufacturer must verify the e mission reduction potential of the off-cycle technology or technologi es using the EPA Vehicle Simulation Tool, and if the results support a credi t value that is less than two percent of the value determined in subsection ( a)(8)(B)1 then the manufacturer may use the off-cycle benefit of the t echnology or technologies calculated as in subsection (a)(8)(B)3 using all the tests conducted under subsections (a)(8)(B)1, (a)(8)(B)2, and (a)(8)(B)4, rounded to the nearest tenth of a gram per mile, to determine credits under subsection (a)(8)(C).

(C) Review and approval process for off-cycle credits

.

1. Initial steps required

.

a. A manufacturer requesting off-cycle credits unde r the provisions of subsection (a)(8)(B) must conduct the testing and/or simulation described in that paragraph.

b. A manufacturer requesting off-cycle credits unde r subsection (a)(8)(B) must conduct testing and/or pr epare engineering analyses that demonstrate the in-use durability of the technology for

the full useful life of the vehicle.103

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

2. Data and information requirements . The manufacturer seeking off-cycle credits must submit an applicatio n for off-cycle credits determined under subsection (a)(8)(B). The applica tion must contain the following:

a. A detailed description of the off-cycle technolo gy and
how it functions to reduce CO 2 emissions under conditions not represented on the FTP and HWFET.

b. A list of the vehicle model(s) which will be equ ipped with the technology.

c. A detailed description of the test vehicles sele cted and an engineering analysis that supports the selection of those vehicles for testing.

d. All testing and/or simulation data required unde r subsection (a)(8)(B), as applicable, plus any other data the manufacturer has considered in the analysis.

e. An estimate of the off-cycle benefit by vehicle model and the fleetwide benefit based on projected sales of v ehicle models equipped with the technology.

f. An engineering analysis and/or component durabil ity testing data or whole vehicle testing data demonstr ating the in-use durability of the off-cycle technology components.

3. R eview of the off-cycle credit application . Upon receipt of an application from a manufacturer, the Executive Offi cer will do the following:

a. Review the application for completeness and noti fy the manufacturer within 30 days if additional informati on is required.

b. Review the data and information provided in the application to determine if the application support s the level of credits estimated by the manufacturer.

4. Decision on off-cycle application. The Executive Officer will notify the manufacturer in writing of its decision to approve or deny the application within 60 days of receiving a complete application, and if denied, the Executive Officer will provide the reas ons for the denial.104

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(D) Calculation of total off-cycle credits. Total off-cycle credits in grams per mile of CO 2 (rounded to the nearest tenth of a gram per mile) shall be calculated separately for passenger cars and lig ht-duty trucks plus medium-duty passenger vehicles according to the fol lowing formula:

Total Credits (g/mi) = Credit × Production

Where: Credit = the credit value in grams per mile determi ned in subsection (a)(8)(A) or subsection (a)(8)(B). Production = The total number of passenger cars or light-duty trucks plus medium-duty passenger vehicles, whichever is a pplicable, produced and delivered for sale in California, produced with the off-cycle technology

to which to the credit value determined in subsecti on (a)(8)(A) or subsection (a)(8)(B) applies.

(9) Credits for certain full-size pickup trucks. Full-size pickup trucks may be eligible for additional credits based on the implementation of hybrid technologies or on exhaust emission performance, as described in this subsection (a)(9). Credits may be generated under e ither subsection (a)(9)(A) or subsection (a)(9)(B) for a qualifying pickup truck, but not both.

(A) Credits for implementation of gasoline-electric hyb rid technology. Full-size pickup trucks that implement hybrid gas oline-electric technologies may be eligible for an additional cred it under this subsection (a)(9)(A). Pickup trucks using the credits under t his subsection (a)(9)(A) may not use the credits described in subsection (a)(9)( B).

1. Full-size pickup trucks that are mild hybrid ga soline-electric vehicles and that are produced in the 2017 through 2021 model years are eligible for a credit of 10 grams/mile. To receive this credit, the manufacturer must produce a quantity of mild hybrid full-size pi ckup trucks such that the proportion of production of such vehicles, when com pared to the manufacturer’s total production of full-size pickup trucks, is not less than the amount specified in the table below for each model year.

Model year Required minimum percent of

full-size pickup trucks

2017 30%

2018 40%

2019 55%

2020 70%

2021 80%

2. Full-size pickup trucks that are strong hybrid g asolineelectric vehicles and that are produced in the 2017 through 2025 model years are eligible for a credit of 20 grams/mile. To receive this credit, the manufacturer must produce a quantity of strong hybr id full-size pickup105

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 trucks such that the proportion of production of su ch vehicles, when compared to the manufacturer’s total production of full-size pickup trucks, is not less than 10 percent for each model year.

(B) Credits for emission reduction performance. 2017 through 2021 model year full-size pickup trucks that achiev e carbon-related exhaust emission values below the applicable target value d etermined in subsection (a)(1)(B) may be eligible for an additional credit. Pickup trucks using the credits under this subsection (a)(9)(B) may not use the credits described in subsection (a)(9)(A).

1. Full-size pickup trucks that achieve carbon-rela ted exhaust emissions less than or equal to the applicable targ et value determined in subsection (a)(1)(B) multiplied by 0.85 (rounded to the nearest gram per mile) and greater than the applicable target value determined in subsection (a)(1)(B) multiplied by 0.80 (rounded to the nearest gram per mile) in a model year are eligible for a credit of 10 grams/mile. A pickup truck that qualifies for this credit in a model yea r may claim this credit for subsequent model years through the 2021 model year if the carbonrelated exhaust emissions of that pickup truck do n ot increase relative to the emissions in the model year in which the pickup truck qualified for the credit. To qualify for this credit in each model y ear, the manufacturer must produce a quantity of full-size pickup trucks that meet the emission requirements of this subsection (a)(9)(B)1 such tha t the proportion of production of such vehicles, when compared to the m anufacturer’s total production of full-size pickup trucks, is not less than the amount specified in the table below for each model year.

Model year Required minimum

percent of full-size pickup trucks

2017 15%

2018 20%

2019 28%

2020 35%

2021 40%

2. Full-size pickup trucks that achieve carbon-rela ted exhaust emissions less than or equal to the applicable targ et value determined in subsection (a)(1)(B) multiplied by 0.80 (rounded to the nearest gram per mile) in a model year are eligible for a credit of 20 grams/mile. A pickup truck that qualifies for this credit in a model yea r may claim this credit for a maximum of five subsequent model years if the carbo n-related exhaust emissions of that pickup truck do not increase rela tive to the emissions in the model year in which the pickup truck first qual ified for the credit. This106

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 credit may not be claimed in any model year after 2 025. To qualify for this credit, the manufacturer must produce a quantity of full-size pickup trucks that meet the emission requirements of subsection ( a)(9)(B)1 such that the proportion of production of such vehicles, when com pared to the manufacturer’s total production of full-size pickup trucks, is not less than 10 percent in each model year.

(C) Calculation of total full-size pickup truck credits . Total credits in grams per mile of CO 2 (rounded to the nearest whole gram per mile) shall be calculated for qualifying full-size pickup truck s according to the following

formula:

Total	Credits	g/mi	=	10	x	Production 10 	+	20	x	Production 20 

Where:

Production 10 = The total number of full-size pickup trucks prod uced
and delivered for sale in California with a credit value of 10 grams per mile from subsection (a)(9)(A) and subsection (a)(9)(B).

Production 20 = The total number of full-size pickup trucks prod uced
and delivered for sale in California with a credit value of 20 grams per mile from subsection (a)(9)(A) and subsection (a)(9)(B).

(10) Greenhouse Gas In-Use Compliance Standards. The in-use

exhaust CO 2 emission standard shall be the combined city/highw ay exhaust emission value calculated according to the provisio ns of subsection (a)(5)(A) for the vehicle model type and footprint value multipli ed by 1.1 and rounded to the nearest whole gram per mile. For vehicles that are capable of operating on multiple fuels, a separate value shall be determine d for each fuel that the vehicle is capable of operating on. These standards apply to in-use testing performed by the manufacturer pursuant to the “California 2015 a nd Subsequent Model Criteria

Pollutant Exhaust Emission Standards and Test Proce dures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles.”

(b) Calculation of Greenhouse Gas Credits/Debits. Credits that are earned as part of the 2012 through 2016 MY National greenhouse gas program shall not be applicable to California’s greenhouse gas program. Debits that are earned as part of the 2012 through 2016 MY National greenhouse gas program shall not be applicable to California’s greenhouse gas program.

(1) Calculation of Greenhouse Gas Credits for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicl es.107

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(A) A manufacturer that achieves fleet average CO 2 values lower than the fleet average CO 2 requirement for the corresponding model year shall receive credits for each model year in u nits of g/mi. A manufacturer that achieves fleet average CO 2 values higher than the fleet average CO 2 requirement for the corresponding model year shall receive debits for each model year in units of g/mi. Manu facturers must calculate greenhouse gas credits and greenhouse gas debits se parately for passenger cars and for combined light-duty trucks and medium- duty passenger vehicles

as follows:

CO 2 Credits or Debits = (CO 2 Standard - Manufacturer’s Fleet Average

CO 2 Value) × (Total No. of Vehicles Produced and Deliv ered for Sale in California, Including ZEVs and HEVs).

Where:
CO 2 Standard = the applicable standard for the model y ear as determined in subsection (a)(1)(C); Manufacturer’s Fleet Average CO 2 Value = average calculated according to subsection (a)(5);

(B) A manufacturer’s total Greenhouse Gas credits o r debits generated in a model year shall be the sum of its C O 2 credits or debits and any of the following credits or debits, if applicab le. The manufacturer shall calculate, maintain, and report Greenhouse Gas cred its or debits separately for its passenger car fleet and for its light-duty truck plus medium-duty passenger vehicle fleet.

1. Air conditioning leakage credits earned accordin g to the provisions of subsection (a)(6);

2. Air conditioning efficiency credits earned accor ding to the provisions of subsection (a)(7);

3. Off-cycle technology credits earned according to the provisions of subsection (a)(8).

4. CO 2 -equivalent debits earned according to the provisio ns of subsection (a)(2)(D).108

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(2) A manufacturer with 2017 and subsequent model y ear fleet average Greenhouse Gas values greater than the flee t average CO 2 standard applicable for the corresponding model year shall r eceive debits in units of g/mi Greenhouse Gas equal to the amount of negative cred its determined by the aforementioned equation. For the 2017 and subseque nt model years, the total g/mi Greenhouse Gas credits or debits earned for pa ssenger cars and for lightduty trucks and medium-duty passenger vehicles shal l be summed together. The resulting amount shall constitute the g/mi Gree nhouse Gas credits or debits accrued by the manufacturer for the model year.

(3) Procedure for Offsetting Greenhouse Gas Debits.

(A) A manufacturer shall equalize Greenhouse Gas em ission debits by earning g/mi Greenhouse Gas emission cred its in an amount equal to the g/mi Greenhouse Gas debits, or by submitting a commensurate amount of g/mi Greenhouse Gas credits to the Executive Office r that were earned previously or acquired from another manufacturer. A manufacturer shall equalize combined Greenhouse Gas debits for passenger cars, light-duty trucks, and medium-duty passenger vehicles within five model ye ars after they are earned. If emission debits are not equalized within the specif ied time period, the manufacturer shall be subject to the Health and Saf ety 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 a manufacturer demonstrating compliance under Option 2 in subsecti on (a)(5)(D), the emission debits that are subject to a civil penalty under He alth and Safety Code section 43211 shall be calculated separately for California , the District of Columbia, and

each individual state that is included in the fleet average greenhouse gas requirements in subsection (a)(1). These emission debits shall be calculated for each individual state using the formula in subsecti ons (b)(1) and (b)(2), except

that the “Total No. of Vehicles Produced and Delive red for Sale in California, including ZEVs and HEVs” shall be calculated separa tely for the District of

Columbia and each individual state.

For the purposes of Health and Safety Code section 43211, the number of passenger cars not meeting the state board’s emissi on standards shall be determined by dividing the total amount of g/mi Gre enhouse Gas emission debits for the model year calculated for California by the g/mi Greenhouse Gas fleet average requirement for passenger car applicable fo r the model year in which the debits were first incurred. For the purposes of He alth and Safety Code section 43211, the number of light-duty trucks and medium-d uty passenger vehicles not meeting the state board’s emission standards shall be determined by dividing the total amount of g/mi Greenhouse Gas emission debits for the model year calculated for California by the g/mi Greenhouse Ga s fleet average requirement109

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 for light-duty trucks and medium-duty passenger veh icles, applicable for the model year in which the debits were first incurred.

(B) Greenhouse Gas emission credits earned in the 2 017 and subsequent model years shall retain full value thro ugh the fifth model year after they are earned, and will have no value if not used by the beginning of the sixth model year after being earned.

(4) Use of Greenhouse Gas Emission Credits to Offset a Manufacturer’s ZEV Obligations.

(A) For a given model year, a manufacturer that has Greenhouse Gas credits remaining after equalizing a ll of its Greenhouse Gas debits may use those Greenhouse Gas credits to comp ly with its ZEV obligations for that model year, in accordance with the provisi ons set forth in the “California

Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electric Vehicles , in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporated by reference in section 1962.1, or the “California Exhaust Emiss ion Standards and Test Procedures for 2018 and Subsequent Model Zero-Emiss ion Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporated by reference in sect ion 1962.2.

(B) Any Greenhouse Gas credits used by a manufactur er to comply with its ZEV obligations shall retain no val ue for the purposes of complying with this section 1961.3.

(5) Credits and debits that are earned as part of t he 2012 through 2016 MY National Greenhouse Gas Program, shall have no v alue for the purpose of complying with this section 1961.3.

(c) Test Procedures. The certification requirements and test procedur es for determining compliance with the emission standa rds in this section are set forth in the “California 2015 and Subsequent Model Criteria Pollutant Exhaust

Emission Standards and Test Procedures and 2017 and Subsequent Model

Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in section 1961.2. In the case of hybrid electric vehicles, the certification requirements and test procedures for determining compliance with

the emission standards in this section are set fort h in the “California Exhaust

Emission Standards and Test Procedures for 2009 thr ough 2017 Model ZeroEmission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporate d by reference in section 1962.1, or the “California Exhaust Emission Standar ds and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles an d Hybrid Electric110

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Vehicles, in the Passenger Car, Light-Duty Truck an d Medium-Duty Vehicle Classes,” incorporated by reference in section 1962 .2, as applicable.

(d) Abbreviations. The following abbreviations are used in this sect ion

1961.3:

“CFR” means Code of Federal Regulations.

"CH 4 " means methane.
"CO 2 " means carbon dioxide.

“FTP” means Federal Test Procedure. "GHG" means greenhouse gas. “g/mi” means grams per mile. “GVW” means gross vehicle weight. “GVWR” means gross vehicle weight rating. “GWP” means the global warming potential. “HEV” means hybrid-electric vehicle. “HWFET” means Highway Fuel Economy Test (HWFET; 40 CFR 600 Subpart B). “LDT” means light-duty truck. “LVW” means loaded vehicle weight. “MDPV” means medium-duty passenger vehicle. “mg/mi” means milligrams per mile. “MY” means model year. “NHTSA” means National Highway Traffic Safety Admin istration.

“N 2 O” means nitrous oxide.

“ZEV” means zero-emission vehicle.

(e) Definitions Specific to this Section. The following definitions apply to this

section 1961.3:

(1) “A/C Direct Emissions” means any refrigerant r eleased from a motor vehicle's air conditioning system.

(2) “Active Aerodynamic Improvements” means technol ogies that are activated only at certain speeds to improve aerodyn amic efficiency by a minimum of three percent, while preserving other vehicle at tributes or functions.

(3) “Active Cabin Ventilation” means devices that m echanically move

heated air from the cabin interior to the exterior of the vehicle.

(4) “Active Transmission Warmup” means a system tha t uses waste heat from the exhaust system to warm the transmissi on fluid to an operating temperature range quickly using a heat exchanger in the exhaust system, increasing the overall transmission efficiency by r educing parasitic losses associated with the transmission fluid, such as los ses related to friction and fluid viscosity.111

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (5) “Active Engine Warmup” means a system using was te heat from the exhaust system to warm up targeted parts of the engine so that it reduces engine friction losses and enables the closed-loop fuel control to activate more quickly. It allows a faster transition from cold o peration to warm operation, decreasing CO 2 emissions.

(6) “Active Seat Ventilation” means a device that d raws air from the seating surface which is in contact with the occupa nt and exhausts it to a location away from the seat.

(7) “Blower motor controls which limit waste energy ” means a method of controlling fan and blower speeds that does not use resistive elements to decrease the voltage supplied to the motor.

(8) “Default to recirculated air mode” means that t he default position of the mechanism which controls the source of air supp lied to the air conditioning system shall change from outside air to recirculate d air when the operator or the automatic climate control system has engaged the ai r conditioning system (i.e., evaporator is removing heat), except under those co nditions where dehumidification is required for visibility (i.e., defogger mode). In vehicles equipped with interior air quality sensors (e.g., h umidity sensor, or carbon dioxide sensor), the controls may determine proper blend of air supply sources to maintain freshness of the cabin air and prevent fog ging of windows while continuing to maximize the use of recirculated air. At any time, the vehicle operator may manually select the non-recirculated a ir setting during vehicle operation but the system must default to recirculat ed air mode on subsequent vehicle operations (i.e., next vehicle start). The climate control system may delay switching to recirculation mode until the interior air temperature is less than the outside air temperature, at which time the system m ust switch to recirculated air

mode.

(9) “Electric Heater Circulation Pump” means a pump system installed in a stop-start equipped vehicle or in a hybrid ele ctric vehicle or plug-in hybrid

electric vehicle that continues to circulate hot co olant through the heater core when the engine is stopped during a stop-start even t. This system must be calibrated to keep the engine off for 1 minute or m ore when the external ambient temperature is 30 deg F.

(10) “Emergency Vehicle” means a motor vehicle manu factured primarily for use as an ambulance or combination am bulance-hearse or for use by the United States Government or a State or local government for law

enforcement.

(11) “Engine Heat Recovery” means a system that cap tures heat that would otherwise be lost through the exhaust system or through the radiator and112

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 converting that heat to electrical energy that is u sed to meet the electrical requirements of the vehicle. Such a system must ha ve a capacity of at least 100W to achieve 0.7 g/mi of credit. Every addition al 100W of capacity will result in an additional 0.7 g/mi of credit.

(12) “Engine Start-Stop” means a technology which e nables a vehicle to automatically turn off the engine when the vehicle comes to a rest and restart the engine when the driver applies pressure to the acce lerator or releases the brake.

(13) “EPA Vehicle Simulation Tool" means the "EPA V ehicle Simulation Tool" as incorporated by reference in 40 CFR §86.1 in the Notice of Proposed Rulemaking for EPA’s 2017 and subsequent MY Nationa l Greenhouse Gas Program, as proposed November 16, 2011 [Insert Fede ral Register for the 2017 and subsequent MY National Greenhouse Gas Final Rul e as proposed at 76 Fed. Reg. 74854, 75357 (December 1, 2011)].

(14) “Executive Officer” means the Executive Office r of the California Air

Resources Board.

(15) “Footprint” means the product of average track width (rounded to the nearest tenth of an inch) and wheelbase (measur ed in inches and rounded to the nearest tenth of an inch), divided by 144 and t hen rounded to the nearest tenth of a square foot, where the average track wid th is the average of the front and rear track widths, where each is measured in in ches and rounded to the

nearest tenth of an inch.

(16) “Federal Test Procedure” or “FTP” means 40 CF R, Part 86, Subpart B, as amended by the “California 2015 and S ubsequent Model Criteria

Pollutant Exhaust Emission Standards and Test Proce dures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, a nd Medium-Duty Vehicles.”

(17) “Full-size pickup truck” means a light-duty tr uck that has a passenger compartment and an open cargo box and whi ch meets the following specifications:

1. A minimum cargo bed width between the wheelhouse s of 48 inches, measured as the minimum lateral distance be tween the limiting interferences (pass-through) of the wheelhouses. Th e measurement shall exclude the transitional arc, local protrusions, an d depressions or pockets, if present. An open cargo box means a vehicle wher e the cargo box does not have a permanent roof. Vehicles sold with deta chable covers are considered “open” for the purposes of these criteri a. 2. A minimum open cargo box length of 60 inches, wh ere the length is defined by the lesser of the pickup bed l ength at the top of the body and the pickup bed length at the floor, where the length at the top of the body is defined as the longitudinal distance fr om the inside front of the113

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 pickup bed to the inside of the closed endgate as m easured at the cargo floor surface along vehicle centerline, and the len gth at the floor is defined as the longitudinal distance from the inside front of the pickup bed to the inside of the closed endgate as measured at the car go floor surface along

vehicle centerline. 3. A minimum towing capability of 5,000 pounds, whe re minimum towing capability is determined by subtracting the gross vehicle weight rating from the gross combined weight rating, or a minimum payload capability of 1,700 pounds, where minimum payload c apability is determined by subtracting the curb weight from the gross vehicle weight rating.

(18) “Greenhouse Gas” means the following gases: c arbon dioxide, methane, nitrous oxide, and hydrofluorocarbons.

(19) “GWP” means the global warming potential of th e refrigerant over a 100-year horizon, as specified in Intergovernmental Panel on Climate Change (IPCC) 2007: Climate Change 2007 – The Physical Sci ence Basis. S. Solomon et al. (editors), Contribution of Working Group I t o the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, C ambridge University Press, Cambridge, UK and New York, NY, USA, ISBN 0-521-705 96-7, or determined by
ARB if such information is not available in the IPC C Fourth Assessment Report.

(20) “High Efficiency Exterior Lighting” means a li ghting technology that, when installed on the vehicle, is expected to reduc e the total electrical demand of the exterior lighting system by a minimum of 60 wat ts when compared to conventional lighting systems. To be eligible for this credit the high efficiency lighting must be installed in the following compone nts: parking/position, front and rear turn signals, front and rear side markers, sto p/brake lights (including the center-mounted location), taillights, backup/revers e lights, and license plate lighting.

(21) “Improved condensers and/or evaporators” means that the coefficient of performance (COP) of air conditionin g system using improved evaporator and condenser designs is 10 percent high er, as determined using the bench test procedures described in SAE J2765 ‘‘Proc edure for Measuring System COP of a Mobile Air Conditioning System on a Test Bench,’’ when compared to a system using standard, or prior model year, component designs. SAE J2765 is incorporated by reference herein. The manufacturer must submit an engineering analysis demonstrating the increased improvement of the system relative to the baseline design, where the baseline component(s) for comparison is the version which a manufacturer most recently h ad in production on the same vehicle design or in a similar or related vehicle m odel. The dimensional characteristics (e.g., tube configuration/thickness /spacing, and fin density) of the baseline component(s) shall be compared to the new component(s) to demonstrate the improvement in coefficient of perfo rmance.114

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (22) “Mild hybrid gasoline-electric vehicle” means a vehicle that has start/stop capability and regenerative braking capa bility, where the recaptured braking energy over the FTP is at least 15 percent but less than 75 percent of the total braking energy, where the percent of recaptur ed braking energy is measured and calculated according to 40 CFR §600.10 8(g).

(23) “Model Type” means a unique combination of car line, basic engine, and transmission class.

(24) “2012 through 2016 MY National Greenhouse Gas Program” means the national program that applies to new 2012 through 2016 model year passenger cars, light-duty-trucks, and medium-duty passenger vehicles as adopted by the U.S. Environmental Protection Agency on April 1, 2010 (75 Fed. Reg. 25324, 25677 (May 7, 2010)).

(25) “Oil separator” means a mechanism that removes at least 50 percent of the oil entrained in the oil/refrigerant mixture exiting the compressor and returns it to the compressor housing or compres sor inlet, or a compressor design that does not rely on the circulation of an oil/refrigerant mixture for

lubrication.

(26) “Passive Cabin Ventilation” means ducts or dev ices which utilize

convective airflow to move heated air from the cabi n interior to the exterior of the

vehicle.

(27) “Plug-in Hybrid Electric Vehicle” means “off-v ehicle charge capable hybrid electric vehicle” as defined in the “Califor nia Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Z ero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes.”

(28) “Reduced reheat, with externally controlled, f ixed-displacement or pneumatic variable displacement compressor” means a system in which the output of either compressor is controlled by cyclin g the compressor clutch offand-on via an electronic signal, based on input fro m sensors (e.g., position or setpoint of interior temperature control, interior temperature, evaporator outlet air temperature, or refrigerant temperature) and air te mperature at the outlet of the evaporator can be controlled to a level at 41°F, or higher.

(29) “Reduced reheat, with externally-controlled, v ariable displacement compressor” means a system in which compressor disp lacement is controlled via an electronic signal, based on input from sensors ( e.g., position or setpoint of interior temperature control, interior temperature, evaporator outlet air temperature, or refrigerant temperature) and air te mperature at the outlet of the evaporator can be controlled to a level at 41°F, or higher.115

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (30) “SC03” means the SC03 test cycle as set forth in the “California 2015 and Subsequent Model Criteria Pollutant Exhaus t Emission Standards and Test Procedures and 2017 and Subsequent Model Green house Gas Exhaust Emission Standards and Test Procedures for Passenge r Cars, Light Duty Trucks, and Medium Duty Vehicles.”

(31) “Solar Reflective Paint” means a vehicle pain t or surface coating which reflects at least 65 percent of the impinging infrared solar energy, as determined using ASTM standards E903-96 (Standard T est Method for Solar Absorptance, Reflectance, and Transmittance of Mate rials Using Integrating Spheres, DOI: 10.1520/E0903-96 (Withdrawn 2005)), E 1918-06 (Standard Test Method for Measuring Solar Reflectance of Horizonta l and Low-Sloped Surfaces in the Field, DOI: 10.1520/E1918-06), or C1549-09 ( Standard Test Method for

Determination of Solar Reflectance Near Ambient Tem perature Using a Portable Solar Reflectometer, DOI: 10.1520/C1549-09). These ASTM standards are incorporated by reference, herein.

(32) “Solar Roof Panels” means the installation of solar panels on an electric vehicle or a plug-in hybrid electric vehic le such that the solar energy is used to provide energy to the electric drive system of the vehicle by charging the battery or directly providing power to the electric motor with the equivalent of at least 50 Watts of rated electricity output.

(33) “Strong hybrid gasoline-electric vehicle” mean s a vehicle that has start/stop capability and regenerative braking capa bility, where the recaptured braking energy over the Federal Test Procedure is a t least 75 percent of the total braking energy, where the percent of recaptured bra king energy is measured and calculated according to 40 CFR §600.108(g).

(34) “Subconfiguration” means a unique combination within a vehicle configuration of equivalent test weight, road load horsepower, and any other operational characteristics or parameters which is accepted by USEPA.

(35) “US06” means the US06 test cycle as set forth in the “California 2015 and Subsequent Model Criteria Pollutant Exhaus t Emission Standards and Test Procedures and 2017 and Subsequent Model Green house Gas Exhaust Emission Standards and Test Procedures for Passenge r Cars, Light Duty Trucks, and Medium Duty Vehicles.”

(36) “Worst-Case” means the vehicle configuration w ithin each test group that is expected to have the highest CO 2 -equivalent value, as calculated in section (a)(5).116

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (f) Severability. Each provision of this section i s severable, and in the event that any provision of this section is held to be in valid, the remainder of both this

section and this article remains in full force and effect.

Note: Authority cited: Sections 39500, 39600, 396 01, 43013, 43018, 43018.5, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43018.5, 43100, 43101, 43101.5, 43102 , 43104, 43105, 43106, 43204, 43205 and 43211, Health and Safety Code.117

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §1965. Emission Control, Smog Index, and Environmen tal Performance Labels - 1979 and Subsequent Model-Year Motor Vehic les.

In addition to all other requirements, emission con trol labels are required by the California certification procedures containe d in the “California Motor Vehicle Emission Control and Smog Index Label Speci fications for 1978 through 2003 Model Year Motorcycles, Light-, Medium- And He avy-Duty Engines And Vehicles,” adopted March 1, 1978, as last amended S eptember 5, 2003, which is incorporated herein by reference, the “California 2 001 through 2014 Model
Criteria Pollutant Exhaust Emission Standards and T est Procedures and for 2001 2009 through 2016 and Subsequent Model Greenhouse G as Exhaust Emission Standards and Test Procedures for Passenger Cars, L ight-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in §1961(d), the “California 2015 and Subsequent Model Criteria Pollutant Exhaus t Emission Standards and Test Procedures and 2017 and Subsequent Model Green house Gas Exhaust Emission Standards and Test Procedures for Passenge r Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in §1961.2(d),

the “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel-Engines and Vehi cles,” incorporated by reference in §1956.8(b), the “California Interim Ce rtification Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicles, in t he Urban Bus and HeavyDuty Vehicle Classes,” incorporated by reference in §1956.8(b) and (d), and the

“California Exhaust Emission Standards and Test Pro cedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines,” in corporated by reference in §1956.8(d). Smog index labels for passenger car s and light-duty trucks shall conform to the “California Smog Index Label Specifi cations for 2004 through 2009 Model Year Passenger Cars and Light-Duty Truck s,” adopted September 5, 2003, as last amended May 2, 2008, which is incorpo rated herein by reference. Environmental Performance labels for passenger cars , light-duty trucks, and medium-duty passenger vehicles shall conform to the “California Environmental Performance Label Specifications for 2009 and Subse quent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles,” adopted May 2, 2008, as last amended March 22, 2012 , which is incorporated herein by reference. Motorcycles shall meet the re quirements of Title 40 Code of Federal Regulations section 86.413-78, as last amen ded October 28, 1977, which is incorporated herein by reference.

NOTE: Authority cited: Sections 39600, 39601, 43200 and 43200.1, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 430 18.5, 43100, 43101, 43102, 43104, 43107, 43200 and 43200.1, Health and Safety Code.118

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §1968.2. Malfunction and Diagnostic System Requirem ents – 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Tr ucks, and MediumDuty Vehicles and Engines.

* * * *

(c) Definitions.

* * * *

“Calculated load value” refers to an indication of the percent engine capacity that is being used and is defined in Socie ty of Automotive Engineers (SAE) J1979 "E/E Diagnostic Test Modes – Equivalent to ISO/DIS 15031- 5:April 30, 2002", April 2002 (SAE J1979), incorpor ated by reference (section (g)(1.4) 1 ). For diesel applications, in lieu of the definit ion in SAE J1979, the calculated load value is may alternatively be deter mined by the ratio of current output torque to maximum output torque at c urrent engine speed as defined by suspect parameter number (SPN) 92 of SAE J1939
“Recommended Practice for a Serial Control and Comm unications Vehicle Network” (SAE J1939), incorporated by reference.

* * * *

“Fueled engine operation” is the state where any fuel is introduced into the engine for the purpose of combustion.

* * * *

“Hybrid vehicle” refers to a vehicle (including a plug-in hybrid ele ctric vehicle) that can draw propulsion energy from eithe r or both of the following on-vehicle sources of stored energy: 1) a consumabl e fuel and 2) an energy storage device such as a battery, capacitor, or fly wheel.

* * * *

“ Plug-in hybrid electric vehicle ” refers to a hybrid vehicle that has the capability to charge a battery from an off-vehicle electric energy source that cannot be connected or coupled to the vehicle in an y manner while the vehicle is being driven.

* * * *

“Propulsion system active” is the state where the powertrain (e.g., engine, electric machine) is enabled by the driver (e.g., a fter ignition on for conventional vehicles, after power button pushed fo r some hybrid vehicles, or after remote start activation) such that the vehicl e is ready to be used (e.g.,119

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 vehicle is ready to be driven, ready to be shifted from “park” to “drive”, heating, ventilation, and air conditioning (HVAC) t urned on to condition cabin prior to driving). For purposes of this definition , “the state where the powertrain is enabled” does not include activations that are not driver-initiated (e.g., conditions where portions of the vehicle sys tem wake up to perform OBD II monitoring or off-board charging).

* * * *

“Warm-up cycle”

means a driving cycle with sufficient vehicle oper ation such that the coolant temperature has risen by at l east 40 degrees Fahrenheit from engine starting and reaches a minimum temperat ure of at least 160 degrees Fahrenheit (140 degrees Fahrenheit for appl ications with diesel engines). Alternatively, manufacturers may define warm-up cycle as a driving cycle with vehicle operation in which the criteria specified in sections (d)(2.5.2)(B)(iii)a., b., and c. are met.

* * * *

(d) General Requirements. Section (d) sets forth the general requirements of the OBD II system. Specific performance requirements for components and systems that shall be monitored are set forth in sections (e) and (f) bel ow. * * * *
(2) MIL and Fault Code Requirements.

* * * *
(2.5) Erasing a permanent fault code. The OBD system shall erase a permanent fault code under the following conditions : (2.5.1) If the OBD II system is commanding the MIL on, the OBD II system shall erase a permanent fault code only if the OBD II system itself determines that the malfunction that caused the per manent fault code to be stored is no longer present and is not c ommanding the MIL on, pursuant to the requirements of section (d) (2.3) (which for purposes of this section shall apply to all monitor s). Erasure of the permanent fault code shall occur in conjunction wit h extinguishing

the MIL or no later than the start of the first dri ving cycle that begins

with the MIL commanded off.
(2.5.2) If all fault information in the on-board computer other than the permanent fault code has been cleared (i.e., throug h the use of a scan tool or battery disconnect) and the OBD II sys tem is not commanding the MIL on: (A) Except as provided for in sections (d)(2.5.2)(C ) through (E), if the monitor of the malfunction that caused the permanen t fault code to be stored is subject to the minimum ratio requireme nts of section (d)(3.2) (e.g., catalyst monitor, comprehensive com ponent input component rationality monitors), the OBD II system shall erase the120

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

permanent fault code at the end of a driving cycle if the monitor has run and made one or more determinations during a dr iving cycle that the malfunction of the component or the system is not present and has not made any determinations within the same driving cycle that the malfunction is present. (B) Except as provided for in sections (d)(2.5.2)(D ) and (E), if the monitor of the malfunction that caused the permanen t fault code to be stored is not subject to the minimum ratio requi rements of section (d)(3.2) (e.g., gasoline misfire monitor, f uel system monitor, comprehensive component circuit continuity monitors ), the OBD II system shall erase the permanent fault code at the end of a driving cycle if: (i) The monitor has run and made one or more deter minations during a driving cycle that the malfunction of the component or the system is not present and has not made any dete rminations within the same driving cycle that the malfunction is present; (ii) The monitor has not made any determinations th at the malfunction is present subsequent to the most recen t driving cycle in which the criteria of section (d)(2.5.2)(B )(i) are met; and (iii) The following criteria are satisfied on any s ingle driving cycle (which may be a different driving cycle than that i n which the criteria of section (d)(2.5.2)(B)(i) are satisfied) : a. Except as provided in section (d)(2.5.2)(B)(iii) f. below, cCumulative time since engine start is greater than or equal to 600 seconds; b. Except as provided in section (d)(2.5.2)(B)(iii) e. below, cumulative vehicle operation at or above 25 miles p er hour occurs for greater than or equal to 300 seconds (me diumduty vehicles with diesel engines certified on an e ngine dynamometer may use cumulative operation at or abov e 1150 rpm in lieu of at or above 25 miles per hour f or purposes of this criteria); c. Continuous vehicle operation at idle (i.e., acce lerator pedal released by driver and either vehicle speed less th an or equal to one mile per hour or engine speed less tha n or equal to 200 rpm above normal warmed-up idle (as determined in the drive position for vehicles equip ped with an automatic transmission)) for greater than or equ al to 30 seconds; and d. For 2013 and subsequent model year engines, the monitor has not made any determination that the malfunction is present. e. For 2004 through 2012 model year medium-duty veh icles with diesel engines certified on an engine dynamome ter, manufacturers may use diesel engine operation at or above121

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

15 percent calculated load in lieu of 1150 rpm for the criterion in section (d)(2.5.2)(B)(iii)b. above. f. For hybrid vehicles, manufacturers shall use “cu mulative propulsion system active time” in lieu of “cumulati ve time since engine start” for the criterion in section (d)(2.5. 2)(B)(iii)a. (iv) Monitors required to use “similar conditions” as defined in section (c) to store and erase pending and confirme d fault codes may not require that the similar conditions b e met prior to erasure of the permanent fault code. (C) For monitors subject to section (d)(2.5.2)(A), the manufacturer may choose to erase the permanent fault code using the criteria under section (d)(2.5.2)(B) in lieu of the criteria under section (d)(2.5.2)(A). (D) For 2009 and 2010 model year vehicles meeting t he permanent fault code requirements of section (d)(2.2.5), manu facturers may request Executive Officer approval to use alternate criteria to erase the permanent fault code. The Executive Officer sh all approve

alternate criteria that: (i) Will not likely require driving conditions that are longer and more difficult to meet than those required under section (d)(2.5.2)(B),

and (ii) Do not require access to enhanced scan tools ( i.e., tools that are not generic SAE J1978 scan tools) to determine cond itions necessary to erase the permanent fault code. (E) If alternate criteria to erase the permanent fa ult code are approved by the Executive Officer under section (d)(2.5.2)(D ), a manufacturer may continue to use the approved alternate criteria for 2011 model year vehicles previously certified in the 2009 or 2 010 model year to

the alternate criteria and carried over to the 2011 model year.

* * * *

(3) Monitoring Conditions



### . Section (d)(3) sets forth the general monitoring re quirements while sections (e) and (f) set forth the specific monito ring requirements as well as identify which of the following general monitori ng requirements in section (d)(3) are applicable for each monitored co mponent or system identified in sections (e) and (f).

* * * *
(3.2) As specifically provided for in sections (e) and (f), manufacturers shall define monitoring conditions in accordance with the criteria in sections (d)(3.2.1) through (3.2.3). The requirements of se ction (d)(3.2) shall be phased in as follows: 30 percent of all 2005 model year vehicles, 60 percent of all 2006 model year vehicles, and 100 pe rcent of all 2007 and subsequent model year vehicles. Manufacturers may use an alternate phase-in schedule in lieu of the required phase-in schedule if the alternate phase-in schedule provides for equiva lent compliance122

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

volume as defined in section (c) with the exception that 100 percent of 2007 and subsequent model year vehicles shall compl y with the requirements. Small volume manufacturers shall mee t the requirements on 100 percent of 2007 and subsequent model year vehicles but shall not be required to meet the spec ific phase-in requirements for the 2005 and 2006 model years.
(3.2.1) Manufacturers shall define monitoring conditions t hat, in addition to meeting the criteria in section (d)(3.1), ensure th at the monitor yields an in-use performance ratio (as defined in s ection (d)(4)) that meets or exceeds the minimum acceptable in-use moni tor performance ratio on in-use vehicles. For purposes of this regulation, except as provided below in section (d) (3.2.1)(D), the minimum acceptable in-use monitor performance ratio is: (A) 0.260 for secondary air system monitors and oth er cold start related monitors utilizing a denominator incremente d in accordance with section (d)(4.3.2)(E); (B) For evaporative system monitors: (i) 0.260 for monitors designed to detect malfunct ions identified in section (e)(4.2.2)(C) (i.e., 0.020 inch leak detect ion); and (ii) 0.520 for monitors designed to detect malfunct ions identified in section (e)(4.2.2)(A) and (B) (i.e., purge flow and 0.040 inch leak detection); (C) 0.336 for catalyst, oxygen sensor, EGR, VVT sys tem, and all other monitors specifically required in sections (e) and (f) to meet the monitoring condition requirements of section (d)(3. 2); (D) For introductory years: (i) through the 2007 model year, for the first thre e years a vehicle is certified to the in-use performance ratio monitorin g requirements of section (d)(3.2), 0.100 for all monitors specifi ed in section (d)(3.2.1)(A) through (C) above. For example, the 0.100 ratio shall apply to the 2004, 2005, and 2006 model years for vehicles first certified in the 2004 model year and to the 2007, 2008, and 2009 model years for vehicles first certi fied in the 2007 model year. (ii) through the 2014 model year, for fuel system a ir-fuel ratio cylinder imbalance monitors, 0.100; (iii) through the 2011 model year, for secondary ex haust gas sensor monitors specified in (e)(7.2.2)(C), 0.100; (iv) through the 2012 model year, for vehicles subj ect to the monitoring requirements of section (f), 0.100 for a ll monitors specified in section (d)(3.2.1)(C) above.; (v) through the 2016 model year for plug-in hybrid electric vehicles, 0.100 for all monitors specifically required in sec tions (e) and (f) to meet the monitoring condition requirements of se ction (d)(3.2) and that are for systems or components that require engine operation.123

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 * * * *
(4) In-Use Monitor Performance Ratio Definition.

* * * *
(4.3) Denominator Specifications

* * * *
(4.3.2) Specifications for incrementing:

* * * * (B) Except as provided for in sections (d)(4.3.2)(H ), (J), and (K), tThe

denominator for each monitor shall be incremented w ithin ten seconds if and only if the following criteria are s atisfied on a single driving cycle: (i) Cumulative time since engine start is greater t han or equal to 600 seconds while at an elevation of less than 8,00 0 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; (ii) Except as provided in section (d)(4.3.2)(B)(iv ) below, cumulative vehicle operation at or above 25 miles per hour occ urs for greater than or equal to 300 seconds while at an el evation of less than 8,000 feet above sea level and at an ambi ent temperature of greater than or equal to 20 degrees Fahrenheit (medium-duty vehicles with diesel engines certified on an engine dynamometer may use cumulative operation at or above 1150 rpm in lieu of at or above 25 miles per hour f or purposes of this criteria); (iii) Continuous vehicle operation at idle (i.e., a ccelerator pedal released by driver and either vehicle speed less th an or equal to one mile per hour or engine speed less than or equa l to 200 rpm above normal warmed-up idle (as determined in the d rive position for vehicles equipped with an automatic tr ansmission)) for greater than or equal to 30 seconds while at an elevation of less than 8,000 feet above sea level and at an ambi ent temperature of greater than or equal to 20 degrees Fahrenheit. (iv) For 2004 through 2012 model year medium-duty v ehicles with diesel engines certified on an engine dynamometer, manufacturers may use diesel engine operation at or above 15 percent calculated load in lieu of 1150 rpm for the criterion in section (d)(4.3.2)(B)(ii) above.

* * * * (D) Except as provided for in sections (d)(4.3.2)(D )(iv) and (d)(4.3.2)(L), In addition to the requirements of s ection (d)(4.3.2)(B) above, the evaporative system monitor denominator(s ) shall be incremented if and only if: (i) The requirements of section (d)(4.3.2)(B) have been met Cumulative time since engine start is greater than or equal to 600 seconds while at an ambient temperature of grea ter than or equal to 40 degrees Fahrenheit but less than or equ al to 95124

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

degrees Fahrenheit; and; (ii) Cumulative time since engine start is greater than or equal to 600 seconds while at an ambient temperature of grea ter than or equal to 40 degrees Fahrenheit but less than or equ al to 95 degrees Fahrenheit; and Engine cold start occurs wi th engine coolant temperature at engine start greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 deg rees Fahrenheit and less than or equal to 12 degrees Fah renheit higher than ambient temperature at engine start. (iii) Engine cold start occurs with engine coolant temperature at engine start greater than or equal to 40 degrees Fa hrenheit but less than or equal to 95 degrees Fahrenheit and les s than or equal to 12 degrees Fahrenheit higher than ambient temperature at engine start. (iv) For plug-in hybrid electric vehicles, manufact urers may choose to increment the evaporative system denominator(s) using the criteria under section (d)(4.3.2)(L) in lieu of the criteria under sections (d)(4.3.2)(D)(i) through (iii) above.

* * * * (F) In addition to the requirements of section (d)( 4.3.2)(B) above, the denominator(s) for the following monitors of output components (except those operated only at engine start-up and subject to the requirements of the previous section (d)(4.3.2)(E)) shall be incremented if and only if the component is command ed to function (e.g., commanded “on”, “open”, “closed”, “locked”, etc.) on two or more occasions for greater than two seconds during the driving cycle or for a cumulative time greater than or equa l to ten seconds,

whichever occurs first: (i) Air conditioning system (section (e)(12)) (ii) Variable valve timing and/or control system (s ections (e)(13) and (f)(13)) (iii) “Other emission control or source device” (se ctions (e)(16) and (f)(16)) (iv) Comprehensive component output component (sect ions (e)(15) and (f)(15)) (e.g., turbocharger waste-gates, varia ble length manifold runners, torque converter clutch lock-up s olenoids, etc.) (v) PM sensor heater (section (f)(5.2.4)(A))

* * * * (H) For monitors of the following components, the m anufacturer may request Executive Officer approval to use alternate or additional criteria to that set forth in section (d)(4.3.2)(B) above for incrementing the denominator. Executive Officer ap proval of the proposed criteria shall be based on the equivalence of the proposed criteria in measuring the frequency of mon itor operation relative to the amount of vehicle operation in acco rdance with the125

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

criteria in section (d)(4.3.2)(B) above: (i) Engine cooling system input components (sectio ns (e)(10) and (f)(11)) (ii) Air conditioning system input components (sect ion (e)(12)) (iii) Direct ozone reduction systems (section (e)(1 4)) (iv) “Other emission control or source devices” (se ctions (e)(16) and (f)(16)) (v) Comprehensive component input components that r equire extended monitoring evaluation (sections (e)(15) an d (f)(15)) (e.g., stuck fuel level sensor rationality) (vi) Comprehensive component input component temper ature sensor rationality monitors (sections (e)(15) and ( f)(15)) (e.g, intake air temperature sensor, ambient temperature sensor, fuel temperature sensor) (vii) PM filter frequent regeneration (section (f)( 9.2.2)) (viii) PM sensor monitoring capablity monitor (sect ion (f)(5.2.2)(D))

* * * * (J) For hybrid vehicles, vehicles that employ alter nate engine start hardware or strategies (e.g., integrated starter an d generators), or alternate fuel vehicles (e.g., dedicated, bi-fuel, or dual-fuel applications), the manufacturer may request Executi ve Officer approval to use alternate criteria to that set fort h in section (d)(4.3.2)(B) above for incrementing the denominato r. In general, the Executive Officer shall not approve alternate c riteria for vehicles that only employ engine shut off at or near idle/ve hicle stop conditions. Executive Officer approval of the alte rnate criteria shall be based on the equivalence of the alternate criter ia to determine the amount of vehicle operation relative to the mea sure of conventional vehicle operation in accordance with t he criteria in section (d)(4.3.2)(B) above. (K) For 2014 and subsequent model year hybrid vehic les, in lieu of the criteria in section (d)(4.3.2)(B) above, the denomi nator for each

monitor shall be incremented within ten seconds if and only if the following criteria are satisfied on a single drivin g cycle: (i) Cumulative propulsion system active time is gre ater than or equal to 600 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; (ii) Cumulative vehicle operation at or above 25 mi les per hour occurs for greater than or equal to 300 seconds whi le at an elevation of less than 8,000 feet above sea level a nd at an ambient temperature of greater than or equal to 20 degrees Fahrenheit (medium-duty vehicles with diesel engine s certified on an engine dynamometer may use cumulative operati on at or above 1150 rpm in lieu of at or above 25 miles per hour for purposes of this criteria);126

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(iii) Continuous vehicle operation at idle (i.e., a ccelerator pedal released by driver and either vehicle speed less th an or equal to one mile per hour or engine speed less than or equa l to 200 rpm above normal warmed-up idle (as determined in the d rive position for vehicles equipped with an automatic tr ansmission)) for greater than or equal to 30 seconds while at an elevation of less than 8,000 feet above sea level and at an ambi ent temperature of greater than or equal to 20 degrees Fahrenheit;

and (iv) Cumulative fueled engine operation for greater than or equal to 10 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit. (L) For 2015 and subsequent model year plug-in hybr id electric vehicles, in addition to the requirements of sectio ns (d)(4.3.2)(K)(i) through (iii) above, the evaporative system monitor denominator(s) shall be incremented if and only if: (i) Cumulative propulsion system active time is gre ater than or equal to 600 seconds while at an ambient temperatur e of greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit; (ii) Engine coolant temperature at the start of pro pulsion system active is greater than or equal to 40 degrees Fahre nheit but less than or equal to 95 degrees Fahrenheit; and (iii) Continuous time while the vehicle is not in t he state of ‘propulsion system active’ during the period immedi ately preceding the start of the driving cycle is greater than or equal

to 6 hours.

* * * *
(5) Standardized tracking and reporting of monito r performance.

* * * *
(5.5) Ignition cycle counter
(5.5.1) Definition: (A) The ignition cycle counter is defined as a coun ter that indicates the number of ignition cycles a vehicle has experienced as defined in section(s) (d)(5.5.2)(B) and (C). (B) Except as required in section (d)(5.5.1)(C) bel ow, the OBD II system shall report one ignition cycle counter (as defined in section (d)(5.5.2)(B)) The ignition cycle counter shall be reported in accordance with the specifications in section (g)(5 .2.1). (C) For 2014 and subsequent model year plug-in hybr id electric vehicles, the OBD II system shall report two igniti on cycle counters (as defined in sections (d)(5.5.2)(B) and (C)). (D) The ignition cycle counter(s) shall be reported in accordance with the specifications in section (g)(5.2.1).
(5.5.2) Specifications for incrementing:127

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(A) The ignition cycle counter(s), when incremented , shall be incremented by an integer of one. The ignition cyc le counter(s) may not be incremented more than once per driving c ycle. (B) The ignition cycle counter shall be incremented within ten seconds if and only if the following criteria are met: (i) Except as required in section (d)(5.5.2)(B)(ii) below, the vehicle meets the engine start definition (see section (c)) for at least two seconds plus or minus one second. (ii) For hybrid vehicles, the vehicle meets the pro pulsion system active definition (see section (c)) for at least tw o seconds plus or

minus one second. (C) In addition to the counter described in section (d)(5.5.2)(B) above, 2014 and subsequent model year plug-in hybrid elect ric vehicles shall track and report a second ignition cycle coun ter that shall be incremented within ten seconds if and only if the v ehicle has met the fueled engine operation definition (see section (c)) for at least two seconds plus or minus one second The OBD II sys tem shall disable further incrementing of the ignition cycle counter within ten seconds if a malfunction of any component used to d etermine if the criteria in section (d)(5.5.2)(B) are satisfied (i.e., engine speed or time of operation) has been detected and the cor responding pending fault code has been stored. The ignition c ycle counter may not be disabled from incrementing for any other condition. Incrementing of the ignition cycle counter shall re sume within ten seconds when the malfunction is no longer present ( e.g., pending code erased through self-clearing or by a scan tool command). (D) The OBD II system shall disable further increme nting of the ignition cycle counter(s) within ten seconds if a malfunctio n of any component used to determine if the criteria in sect ion (d)(5.5.2)(B) and (C) are satisfied (e.g., engine speed or time o f operation) has been detected and the corresponding pending fault c ode has been stored. The ignition cycle counter(s) may not be d isabled from incrementing for any other condition. Incrementing of the ignition cycle counter(s) shall resume within ten seconds wh en the malfunction is no longer present (e.g., pending cod e erased through self-clearing or by a scan tool command).

* * * *

(e) Monitoring Requirements for Gasoline/Spark-Ignite d Engines.

* * * *
(3) Misfire Monitoring

* * * *
(3.3) Monitoring Conditions:
(3.3.1) Manufacturers shall continuously monitor for misfi re under the following conditions:128

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

(A) Except as provided in section (e)(3.3.6) below, fFrom no later than

the end of the second crank shaft revolution after engine start,

* * * *
(3.3.6) For engines that employ engine shutoff strategies t hat do not require the vehicle operator to restart the engine to continue driving (e.g., hybrid vehicle with engine shutoff at idle), a manufacturer shall request Executive Officer approval of the mon itoring conditions under which misfire monitoring occurs af ter engine fueling begins for the initial start and after each time fueling resumes. Executive Officer approval of the monitor ing conditions shall be based on the equivalence of the conditions to those specified in section (e)(3.3.1)(A) above.

* * * *

(f) Monitoring Requirements for Diesel/Compression-I gnition Engines.

(1) Non-Methane Hydrocarbon (NMHC) Converting Cata lyst Monitoring

* * * *
(1.2) Malfunction Criteria:

* * * *
(1.2.3) Other Aftertreatment Assistance Functions. Additi onally, for 2010 and subsequent model year vehicles, the catalyst(s) shall be

monitored for other aftertreatment assistance funct ions:

* * * * (B) For 20105 and subsequent model year passenger c ars, light-duty trucks, and MDPVs certified to a chassis dynamomete r tailpipe emission standard and 20135 and subsequent model ye ar mediumduty vehicles (including MDPVs) certified to an eng ine dynamometer tailpipe emission standard, for catalys ts used to generate a feedgas constituency to assist SCR syste ms (e.g., to

increase NO 2 concentration upstream of an SCR system), the OBD II system shall detect a malfunction when the c atalyst is unable to generate the necessary feedgas constituen ts for proper SCR system operation.

* * * *
(9) Particulate Matter (PM) Filter Monitoring

* * * *
(9.2) Malfunction Criteria:

* * * *
(9.2.4) NMHC conversion: For 20105 and subsequent model y ear passenger cars, light-duty trucks, and MDPVs certif ied to a chassis dynamometer tailpipe emission standard and 20135 an d subsequent model year medium-duty vehicles (includi ng MDPVs) certified to an engine dynamometer tailpipe emissio n standard with catalyzed PM filters that convert NMHC emissions, t he OBD II system shall monitor the catalyst function of the P M filter and129

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

detect a malfunction when the NMHC conversion capab ility decreases to the point that NMHC emissions exceed t he applicable emission levels specified in section (f) (9.2.2)(A). If no failure or deterioration of the NMHC conversion cap ability could result in a vehicle’s NMHC emissions exceeding thes e emission levels, the OBD II system shall detect a malfunctio n when the system has no detectable amount of NMHC conversion capability.

* * * *
(15) Comprehensive Component Monitoring

* * * *
(15.2) Malfunction Criteria:

* * * *
(15.2.2) Output Components/Systems:

* * * * (F) For 20132015 and subsequent model year vehicles that utilize fuel control system components (e.g., injectors, fuel pu mp) that have tolerance compensation features implemented in hard ware or software during production or repair procedures (e. g., individually coded injectors for flow characteristics that are p rogrammed into an electronic control unit to compensate for injector to injector tolerances, fuel pumps that use in-line resistors t o correct for differences in fuel pump volume output), the compon ents shall be monitored to ensure the proper compensation is bein g used. The system shall detect a fault if the compensation bei ng used by the control system does not match the compensation desi gnated for the installed component (e.g., the flow characteris tic coding designated on a specific injector does not match th e compensation being used by the fuel control system for that inje ctor). If a manufacturer demonstrates that a single component ( e.g., injector) using the wrong compensation cannot cause a measura ble increase in emissions during any reasonable driving condition, the

manufacturer shall detect a malfunction for the min imum number of components using the wrong compensation needed to c ause an emission increase. Further, the stored fault code shall identify the specific component that does not match the compensa tion.

* * * *
(17) Exceptions to Monitoring Requirements (17.1) Except as provided in sections (f)(17.1.1) t hrough (17.1.4) below, upon request of a manufacturer or upon the best engineer ing judgment of the ARB, the Executive Officer may revise the emiss ion threshold for a malfunction on any diagnostic required in section ( f) for medium-duty vehicles if the most reliable monitoring method dev eloped requires a higher threshold to prevent significant errors of c ommission in detecting a malfunction. Additionally, for 2007 th rough 20092013 model year light-duty vehicles and 2007 through 201 2 2013 model year medium-duty vehicles, the Executive Officer ma y revise the PM130

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

filter malfunction criteria of section (f)(9.2.1) t o exclude detection of specific failure modes (e.g., combined failure of p artially melted and partially cracked substrates) if the most reliable monitoring method developed requires the exclusion of specific failur e modes to prevent significant errors of commission in detecting a mal function.

* * * *

(g) Standardization Requirements

(1) Reference Documents: The following Society of Automotive Engineers (SAE) and International Organization for Standardization (ISO) documents ar e incorporated by reference into this regulation:

* * * *
(1.4) SAE J1979 "E/E Diagnostic Test Modes", May 2007 (SAE J1979).
(1.4.1) SAE J1979-DA, “Digital Annex of E/E Diagnostic Test Modes”,

October 2011.

* * * *
(4) Required Emission Related Functions: The following standardized functions shall be imple mented in accordance with the specifications in SAE J1979 to allow for a ccess to the required information by a scan tool meeting SAE J1978 specif ications:

* * * *
(4.2) Data Stream: The following signals shall be made available on demand through the standardized data link connector in acc ordance with SAE J1979 specifications. The actual signal value shal l always be used instead of a default or limp home value.

* * * *
(4.2.6) Additionally, for all 2013 and subsequent model ye ar vehicles so equipped: (A) EGR temperature, variable geometry turbo contro l status (e.g., open loop, closed loop), reductant level (e.g., ure a tank fill level), alcohol fuel percentage, type of fuel currently bei ng used, NOx adsorber regeneration status, NOx adsorber deSOx st atus, hybrid battery pack remaining charge; and (B) PM sensor output and distance traveled while lo w/empty SCR reductant driver warning/inducement active.
(4.2.7) Additionally, for all 2015 and subsequent model ye ar vehicles: type of fuel currently being used.
(4.3) Freeze Frame.

* * * *
(4.3.2) “Freeze frame” conditions must include the fault c ode which caused the data to be stored and all of the signals requir ed in section (g)(4.2.1) except number of stored confirmed fault codes, OBD requirements to which the engine is certified, MIL status, and absolute throttle position in accordance with (g)(4 .3.3). Freeze frame conditions shall also include all of the sign als required on the131

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

vehicle in sections (g)(4.2.2) through (g)(4.2.5)(D ), (g)(4.2.5)(F), and (g)(4.2.6)(A), and (g)(4.2.7) that are used for diagnostic or control purposes in the specific diagnostic or emis sion-critical powertrain control unit that stored the fault code except: oxygen sensor output, air/fuel ratio sensor output, cataly st temperature, evaporative system vapor pressure, glow plug lamp s tatus, PM sensor output, NOx sensor output, monitor status si nce last engine shut off, distance traveled while MIL activated, di stance traveled since fault memory last cleared, and number of warm -up cycles since fault memory last cleared.

* * * *

(k) Deficiencies

* * * *
(2) Manufacturers of non-complying systems are su bject to fines pursuant to section 43016 of the California Health and Safety C ode. Except as allowed in section (k)(7) for light-duty and medium -duty diesel vehicles, the specified fines apply to the third and subseque ntly identified deficiencies, with the exception that fines shall a pply to all monitoring system deficiencies wherein a required monitoring s trategy is completely absent from the OBD system.

* * * *
(4) Manufacturers must re-apply for Executive Off icer approval of a deficiency each model year. In considering the request to car ry-over a deficiency,

the Executive Officer shall consider the factors id entified in section (k)(1) including the manufacturer’s progress towards corre cting the deficiency. For all deficiencies except for deficiencies associ ated with PM filter monitoring section (f)(9.2.1)(A), tThe Executive Of ficer may not allow manufacturers to carry over monitoring system defic iencies for more than two model years unless it can be demonstrated that substantial vehicle hardware modifications and additional lead time bey ond two years would be necessary to correct the deficiency, in which ca se the Executive Officer shall allow the deficiency to be carried over for t hree model years. For deficiencies associated with PM filter monitoring s ection (f)(9.2.1)(A), if the

manufacturer can demonstrate that substantial vehic le hardware

modifications and additional lead time would be nec essary to correct the deficiency, the Executive shall allow the deficienc y to be carried over up to and including the 2013 model year.

* * * *
(7) Exceptions to Fines Requirements.
(7.1) For 2007 through 2009 model year light-duty and 2007 through 2012 model year medium-duty diesel vehicles, in cases wh ere one or more of the deficiencies is for the aftertreatment monit oring requirements of sections (f)(1), (2), (8), or (9) and the deficient monitor is properly able to detect all malfunctions prior to emissions excee ding twice the required monitor threshold (e.g., before emissions exceed 10 times the132

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

standard for NMHC if the threshold is 5.0 times the standard for NMHC), the specified fines shall apply to the fourt h and subsequently

identified deficiencies in lieu of the third and su bsequently identified

deficiencies. If none of the deficiencies are for the requirements of sections (f)(1), (2), (8), or (9) or if the deficie nt aftertreatment monitor exceeds twice the required monitor threshold, the s pecified fines shall apply to the third and subsequently identified defi ciencies. In all cases, the exception that fines shall apply to all monitor ing system deficiencies wherein a required monitoring strategy is completely absent from the OBD system still applies.
(7.2) For 2013 through 2014 model year light-duty and medium-duty diesel

vehicles that utilize PM sensors for PM filter filt ering performance monitoring (section (f)(9.2.1)(A)), in cases where the deficiency is for a monitor required to detect malfunctions of the PM f ilter filtering performance (section (f)(9.2.1)(A)), the PM sensor (section (f)(5.2.2)), or the PM sensor heater (section (f)(5.2.4)), the d eficiency shall be exempt from the specified fines of section (k)(3) a nd the deficiency

shall not be included in the count of deficiencies used in (k)(2) to determine the number of deficiencies subject to fin es.

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43000 .5, 43013, 43018, 43100, 43101, 43104, 43105, 43105.5 and 43106, Health and Safety Code. R eference: Sections 39002, 39003, 39010,
39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 390 28, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 39037.5, 39038, 39039, 39040, 3904 2, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600-39601, 43000, 430 00.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204, 43211 and 43212, Health and Safety Code.133

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §1968.5. Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines.

* * * *

(b) Testing Procedures

* * * *

(6) Finding of Nonconformance after Enforcement Testin g. After conducting enforcement testing pursuant to se ction (b)(4) above, the Executive Officer shall make a finding of nonco nformance of the OBD II system in the identified motor vehicle class if:

* * * *

(B) OBD II Ratio Testing

. (i) For monitors specified in sections (b)(6)(B)(i) a. through e. below,

the data collected from the vehicles in the test sa mple indicate either that the average in-use monitor performance ratio for one or more of the monitors in the test sample group is less than 0.100 or that 66.0 percent or more of the vehicles in the test sample group have an in-use monitor performance rat io of less

than 0.100 for the same monitor: a. monitors on 2004 through 20142016 model year ve hicles

certified to a ratio of 0.100 in accordance with ti tle 13, CCR section 1968.2(d)(3.2.1) (D), b. monitors specified in title 13, CCR section 196 8.2(e) on 2007 through 2012 model year vehicles for the first thre e model years the monitor is certified to the in-use perfor mance ratio monitoring requirements of title 13, CCR sections 1968.2(d)(3.2.1)(A) through (C), c. the fuel system air-fuel ratio cylinder imbala nce monitor specified in title 13, CCR section 1968.2(e)(6.2.1) (C) on 2015 through 2017 model year vehicles, d. the secondary exhaust gas sensor monitor specif ied in title 13, CCR section 1968.2(e)(7.2.2)(C) on 2012 through 2014 model year vehicles, and e. monitors specified in title 13, CCR section 196 8.2(f) on 2013 through 2015 model year vehicles. (ii) For monitors that are certified to the ratios in title 13, CCR sections 1968.2(d)(3.2.1)(A) through (C) and are no t described in sections (b)(6)(B)(i)b. through e. above, the da ta collected from the vehicles in the test sample indicate eithe r that 66.0 percent or more of the vehicles in the test sample group have134

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

an in-use monitor performance ratio of less than th e required minimum ratio defined in title 13, CCR section 1968 .2(d)(3.2.1) for the same monitor or that the average in-use mon itor performance ratio for one or more of the monitors i n the motor vehicle class is less than the required minimum rat io defined in title 13, CCR section 1968.2(d)(3.2.1) as defined b y determining the average in-use monitor performance ratio for on e or more of the monitors in the test sample group is less than: a. 0.230 for secondary air system monitors and oth er cold start related monitors utilizing a denominator incremente d in accordance with title 13, CCR section 1968.2(d)(4.3 .2)(E) (e.g., cold start strategy monitors, etc.); b. For evaporative system monitors: 1. 0.230 for monitors designed to detect malfuncti ons identified in title 13, CCR section 1968.2(e)(4.2.2 )(C) (i.e., 0.020 inch leak detection); 2. 0.460 for monitors designed to detect malfuncti ons identified in title 13, CCR section 1968.2(e)(4.2.2 )(A) and (B) (i.e., purge flow and 0.040 inch leak detection ); c. 0.297 for catalyst, oxygen sensor, EGR, VVT sys tem, and all other monitors specifically required in section tit le 13, CCR sections 1968.2(e) and (f) to meet the monitoring c ondition requirements of title 13, CCR section 1968.2(d)(3.2 ).

* * * *

(c) Remedial Action

* * * *

(3) Ordered Remedial Action-Mandatory Recall. (A) Except as provided in sections (c)(3)(B) below, the Executive Officer shall order the recall and repair of all ve hicles in a motor vehicle class that have been determined to be equip ped with a nonconforming OBD II system if enforcement testing conducted pursuant to section (b) above or information receiv ed from the

manufacturer indicates that: (i) For monitors on 2007 and subsequent model year vehicles certified to the ratios in title 13, CCR sections 1968.2(d)(3.2.1)(A) through (C), the average in-use monitor performance ratio for one or more of the major moni tors in the test sample group is less than or equal to 33.0 per cent of the applicable required minimum ratio established in ti tle 13, CCR section 1968.2(d)(3.2.1) (e.g., if the required rat io is 0.336, less than or equal to a ratio of 0.111) or 66.0 percent or more of the vehicles in the test sample group have an in-use mo nitor135

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

performance ratio of less than or equal to 33.0 per cent of the applicable required minimum ratio established in ti tle 13, CCR section 1968.2(d)(3.2.1) for the same major monitor . For monitors on 2004 through 20142016 model year vehicl es certified to the 0.100 ratio in title 13, CCR secti on 1968.2(d)(3.2.1)(D), the Executive Officer shall de termine the remedial action for nonconformances regarding the i n-use monitor performance ratio in accordance with sectio n (c)(4)

below.

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43000 .5, 43013, 43016, 43018, 43100, 43101, 43104, 43105, 43105.5 43106, 43154, 43211 and 43212 , Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39018, 39021.5, 39024 , 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 3903 7.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600-39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43 156, 43204, 43211 and 43212, Health and Safety Code.136

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 § 1976. Standards and Test Procedures for Motor Ve hicle Fuel Evaporative

Emissions.

(a) [Fuel evaporative emission standards for 1970 throu gh 1977 model passenger cars and light-duty trucks. No change.]

(b)(1) Evaporative emissions for 1978 and subsequ ent model gasoline-fueled, 1983 and subsequent model liquefie d petroleum gas-fueled, and 1993 and subsequent model alcohol-fueled motor vehi cles and hybrid electric vehicles subject to exhaust emission standards unde r this article, except petroleum-fueled diesel vehicles, compressed natura l gas-fueled vehicles, hybrid electric vehicles that have sealed fuel systems whi ch can be demonstrated to have no evaporative emissions, and motorcycles, sha ll not exceed the following

standards:

(A) [Evaporative emission standards for 1978 through 19 94 model motor vehicles. No change.]

(B) [Evaporative emission standards on the three-day di urnal test for 1995 through 2005 model motor vehicles. No cha nge.]

(C) [Evaporative emission standards on the supplemental two-day diurnal test for 1995 through 2005 model motor vehi cles. No change.]

(D) [Zero-emission vehicle evaporative requirements. N o change.]

(E) For 2001 through 2014 model year vehicles, Tthe optional zerofuel evaporative emission standards for the three-d ay and two-day diurnal-plushot-soak tests are 0.35 grams per test for passenge r cars, 0.50 grams per test for light-duty trucks 6,000 lbs. GVWR and under, an d 0.75 grams per test for light-duty trucks from 6,001 to 8,500 lbs. GVWR, to account for vehicle non-fuel evaporative emissions (resulting from paints, uphol stery, tires, and other vehicle sources). Vehicles demonstrating compliance with t hese evaporative emission standards shall also have zero (0.0) grams of fuel evaporative emissions per test for the three-day and two-day diurnal-plus-hot-soak tests. The “useful life” shall be 15 years or 150,000 miles, whichever occurs firs t. In lieu of demonstrating compliance with the zero (0.0) grams of fuel evapor ative emissions per test over the three-day and two-day diurnal-plus-hot-soak tes ts, the manufacturer may submit for advance Executive Officer approval a tes t plan to demonstrate that the vehicle has zero (0.0) grams of fuel evaporative em issions throughout its useful

life.

Additionally, in the case of a SULEV vehicle for wh ich a manufacturer is seeking a partial ZEV credit, the manufacturer may prior to certification elect to have measured fuel evaporative emissions reduced by a sp ecified value in all certification and in-use testing of the vehicle as long as measured mass exhaust137

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 emissions of NMOG for the vehicle are increased in all certification and in-use testing. The measured fuel evaporative emissions s hall be reduced in increments of 0.1 gram per test, and the measured m ass exhaust emissions of NMOG from the vehicle shall be increased by a gram per mile factor, to be determined by the Executive Officer, for every 0.1 gram per test by which the measured fuel evaporative emissions are reduced. F or the purpose of this calculation, the evaporative emissions shall be mea sured, in grams per test, to a minimum of three significant figures.

(F) For the 2004 and subsequent through 2014 model motor vehicles identified below, tested in accordance wit h the test procedures described in Title 40, Code of Federal Regulations, sections 86.130-78 through 86.143-90 as they existed July 1, 1989 and as modif ied by the “California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles” incorporated by reference in section 1976(c), the evaporative emission standards are:

___________________________________________________ _____________

Vehicle Type Hydrocarbon 1 Standards 2 3 4

Running Loss (grams per mile) Three Day Diurnal

+ Hot Soak (grams per test) Two-Day Diurnal

+ Hot Soak (grams per test)

Passenger cars 0.05 0.50 0.65

Light-duty trucks (under 8,501 lbs. GVWR)

6,000 lbs. GVWR and

under 0.05 0.65 0.85

6,001 - 8,500 lbs.
GVWR 0.05 0.90 1.15

Medium-duty vehicles (8,501 - 14,000 lbs. GVWR) 0.05 1.00 1.25

Heavy-duty vehicles (over 14,000 lbs. GVWR) 0.05 1.00 1.25

1 Organic Material Hydrocarbon Equivalent for alcoho l-fueled vehicles.

2 For all vehicles certified to these standards, the “useful life” shall be 15 years or 150,000 miles, whichever first occurs. Approval of vehicle s which are not exhaust emission tested using a chassis dynamometer pursuant to section 196 0.1 or 1961, title 13, California Code of Regulations shall be based on an engineering evalua tion of the system and data submitted by the applicant.

3 (a) These evaporative emission standards shall be phased-in beginning with the 2004 model year. Each manufacturer, except small volume manuf acturers, shall certify at a minimum the specified percentage of its vehicle fleet to the ev aporative emission standards in this table or the optional zero-evaporative emission standards in section 1976(b)(1)(E) according to the schedule set forth below. For purposes of this par agraph (a), each manufacturer’s vehicle138

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 fleet consists of the total projected California sa les of the manufacturer’s gasoline-fueled, liquefied petroleum-fueled and alcohol-fueled passe nger cars, light-duty trucks, medium-duty vehicles, and heavy-duty vehicles.

Model Year Minimum Percentage of Vehicles

Certified to the Standards in §§1976(b)(1)(F) and (b)(1)(E)

2004 40

2005 80

2006 and subsequent 100

A small volume manufacturer shall certify 100 perce nt of its 2006 and subsequent model vehicle fleet to the evaporative emission standards in the table or the optional zeroevaporative emission standards in section 1976(b)(1 )(E).

All 2004 through 2005 model-year motor vehicles whi ch are not subject to these standards or the standards in section 1976(b)(1)(E) pursuant to the phase-in schedule shall comply with the requirements of sections 1976 (b)(1)(B) and (C).

(b) A manufacturer may use an “Alternative or Equiv alent Phase-in Schedule” to comply with the phase-in requirements. An “Alternative Phase-i n” is one that achieves at least equivalent emission reductions by the end of the la st model year of the scheduled phasein. Model-year emission reductions shall be calcul ated by multiplying the percent of vehicles (based on the manufacturer’s projected Cal ifornia sales volume of the applicable vehicle fleet) meeting the new requirements per mod el year by the number of model years implemented prior to and including the last m odel year of the scheduled phase-in.

The “cumulative total” is the summation of the mode l-year emission reductions (e.g., the three model-year 40/80/100 percent phase-in schedul e would be calculated as: (40%*3 years) + (80%*2 years) + (100%*1 year) =380). The required cumulative total for the phase-in of these standards is 380 emission reducti ons. Any alternative phase-in that results in an equal or larger cumulative total than the required cumulative total by the end of the last model year of the scheduled phase-in sh all be considered acceptable by the Executive Officer only if all vehicles subject to t he phase-in comply with the respective requirements in the last model year of the required phase-in schedule. A manufacturer

shall be allowed to include vehicles introduced bef ore the first model year of the scheduled phase-in (e.g., in the previous example, 10 percent introduced one year before the scheduled phase-in begins would be calculated a s: (10%*4 years)=40) and added to

the cumulative total.

(c) These evaporative emission standards do not app ly to zero-emission vehicles.

4 In-use compliance whole vehicle testing shall not begin until the motor vehicle is at least one year from the production date and has accumulated a minimum of 10,000 miles. For vehicles introduced prior to the 2007 model year, in-use com pliance standards of 1.75 times the “Three-Day Diurnal + Hot-Soak” and “Two-Day Diurnal + Hot-Soak” gram per test standards shall apply for only the first three model years of an evaporative family certified to a new

standard.

(G) For 2015 and subsequent model motor vehicles, t he following evaporative emission requirements apply:139

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

1. A manufacturer must certify all vehicles subject to this section to the emission standards specified in eith er Option 1 or Option 2

below.

a Option 1 . The evaporative emissions from 2015 and subsequent model motor vehicles, tested in accordan ce with the test procedure sequence described in the “California Eva porative Emission Standards and Test Procedures for 2001 and Subseque nt Model Motor Vehicles,” incorporated by reference in section 197 6(c), shall not exceed:

Vehicle Type Hydrocarbon (1) Emission Standards (2)

Running Loss (grams per mile) Three-Day Diurnal + Hot Soak and

Two-Day Diurnal + Hot Soak

Whole Vehicle (grams per test) Fuel Only (3)
(grams per test)

Passenger cars 0.05 0.350 0.0

Light-duty trucks

6,000 lbs. GVWR and under 0.05 0.500 0.0

Light-duty trucks

6,001 - 8,500 lbs. GVWR 0.05 0.750 0.0

Medium-duty passenger

vehicles 0.05 0.750 0.0

Medium-duty vehicles (8,501 - 14,000 lbs. GVWR) 0.05 0.750 0.0

Heavy-duty vehicles (over 14,000 lbs. GVWR) 0.05 0.750 0.0

1 Organic Material Hydrocarbon Equivalent for alcoho l-fueled vehicles.

2 For all vehicles certified to these standards, the “useful life” shall be 15 years or 150,000 miles, whichever occurs first. Approval of vehicle s that are not exhaust emission tested using a chassis dynamometer pursuant to section 1961, tit le 13, California Code of Regulations shall be based on an engineering evaluation of the system and data submitted by the applicant.

3 In lieu of demonstrating compliance with the fuel- only emission standard (0.0 grams per test) over the three-day and two-day diurnal plus hot soa k tests, a manufacturer may, with advance Executive Officer approval, demonstrate com pliance through an alternate test plan.

b Option 2 . The evaporative emissions from 2015 and subsequent model motor vehicles, tested in accordan ce with the test140

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 procedure sequence described in the “California Eva porative Emission Standards and Test Procedures for 2001 and Subseque nt Model Motor Vehicles,” incorporated by reference in section 197 6(c), shall not exceed:

Vehicle Type Hydrocarbon (1) Emission Standards (2)

Running

Loss (grams per mile) Highest Whole

Vehicle Diurnal +
Hot Soak

(3)(4)(5)
(grams per test) Canister

Bleed (6)
(grams per test)

Passenger cars; and
Light-duty trucks

6,000 lbs. GVWR and under, and 0 - 3,750 lbs. LVW 0.05 0.300 0.020

Light-duty trucks

6,000 lbs. GVWR and under, and 3,751 – 5,750 lbs. LVW 0.05 0.400 0.020

Light-duty trucks

6,001 - 8,500 lbs. GVWR; and

Medium-duty passenger vehicles 0.05 0.500 0.020

Medium-duty vehicles (8,501 - 14,000 lbs. GVWR); and

Heavy-duty vehicles (over 14,000 lbs. GVWR) 0.05 0.600 0.030

1 Organic Material Hydrocarbon Equivalent for alcoho l-fueled vehicles.

2 For vehicles certified to the running loss and the highest whole vehicle diurnal plus hot soak emission standards, the “useful life” shall be 15 y ears or 150,000 miles, whichever occurs first. Approval of vehicles that are not exhaust e mission tested using a chassis dynamometer pursuant to section 1961, title 13, California Code of Regulations shall be based on an engineering evaluation of the system and data submi tted by the applicant. The canister

bleed emission standard does not have a useful life requirement.

3 The manufacturer shall determine compliance by sele cting the highest whole vehicle diurnal plus hot soak emission value of the Three-Day Diurn al Plus Hot Soak Test and of the TwoDay Diurnal Plus Hot Soak Test.

4 Fleet-Average Option for the Highest Whole Vehicle Diurnal Plus Hot Soak Emission Standard Within Each Emission Standard Category . A manufacturer may optionally comply with the highest whole vehicle diurnal plus hot soa k emission standards by using fleetaverage hydrocarbon emission values. To participat e, a manufacturer must utilize the fleetaverage option for all of its emission standard cat egories and calculate a separate fleetaverage hydrocarbon emission value for each emissio n standard category. The emission standard categories are as follows: (1) passenger cars and light-duty trucks 6,000 pounds GVWR and under, and 0 - 3,750 pounds LVW; (2) light -duty trucks 6,000 pounds GVWR and141

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 under, and 3,751 – 5,750 pounds LVW; (3) light-duty trucks 6,001 - 8,500 pounds GVWR and medium-duty passenger vehicles; and (4) medium-dutyand heavy-duty vehicles. The fleetaverage hydrocarbon emission value for each emissio n standard category shall be calculated

as follows:

n

∑ [ (number of vehicles in the evaporative family) i X (family emission limit) i ] ÷ i = 1

n

∑ (number of vehicles in the evaporative family) i i = 1

where "n" = a manufacturer’s total number of Option 2 certification evaporative families within an emission standard category for a given mo del year;

“number of vehicles in the evaporative family” = th e number of vehicles produced and delivered for sale in California in the evaporative family;

"family emission limit" = the numerical value selec ted by the manufacturer for the evaporative family that serves as the emission stan dard for the evaporative family with respect to all testing, instead of the emission standard specified in this section 1976 (b)(1)(G)1.b. The family emission lim it shall not exceed 0.500 grams per test for passenger cars; 0.650 grams per test for light duty trucks 6,000 pounds GVWR and under; 0.900 grams per test f or light-duty trucks 6,001 - 8,500 pounds GVWR; and 1.000 grams for medium-dut y passenger vehicles, medium-duty vehicles, and heavy-duty vehicles. In addition, the family emission limit shall be set in increments of 0.025 grams per test.

5 Calculation of Hydrocarbon Credits or Debits for th e Fleet-Average Option

.

(1) Calculation of Hydrocarbon Credits or Debits . For each emission standard category in the model year, a manufacturer shall calculate the hydr ocarbon credits or debits, as follows:

[(Applicable Hydrocarbon Emission Standard for the Emission Standard Category) – (Manufacturer’s Fleet-Average Hydrocarbon Emission Value for the Emission Standard Category)] X (Total Number of Affected Vehicles)

where “Total Number of Affected Vehicles” = the tot al number of vehicles in the evaporative families participating in the fleet-average option, which are produced and delivered for sale in California, for the emission standard category of the given model year.

A negative number constitutes hydrocarbon debits, a nd a positive number constitutes hydrocarbon credits accrued by the manufacturer for the given model year. Hydrocarbon credits earned in a given model year shall retain f ull value through the fifth model year after they are earned. At the beginning of the sixth mod el year, the hydrocarbon credits will have

no value.

(2) Procedure for Offsetting Hydrocarbon Debits . A manufacturer shall offset hydrocarbon debits with hydrocarbon credits for each emission s tandard category within three model years after the debits have been incurred. If total hydr ocarbon debits are not equalized within three model years after they have been incurred, the manu facturer shall be subject to the Health and Safety Code section 43211 civil penalties appli cable to a manufacturer which sells a new motor vehicle that does not meet the applicable emi ssion standards adopted by the state

board. The cause of action shall be deemed to accr ue when the hydrocarbon debits are not142

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 equalized by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meet ing the state board’s emission standards shall be determined by dividing the total amount of hydrocarbon debits for the model year in the emission standard category by the applicable hydrocarbon emission standard for the model year in which the debits wer e first incurred.

Additionally, to equalize the hydrocarbon debits th at remain at the end of the three model year offset period: (1) hydrocarbon credits may be exchanged between passenger cars and light-duty trucks 6,000 pounds GVWR and under and 0 -3,750 pounds LVW, and light-duty trucks 6,000 pounds GVWR and under and 3,751-5,750 pounds LVW and (2) hydrocarbon credits may be exchanged between light-duty trucks 6,001-8,500 pounds GVWR and medium-duty passenger vehicles, and medium-duty veh icles and heavy-duty vehicles.

6 Vehicle Canister Bleed Emission . Compliance with the canister bleed emission stan dard

shall be determined based on the Bleed Emission Tes t Procedure described in the “California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles,” incorporated by reference in section 197 6(c), and demonstrated on a stabilized canister system. Vehicles with a non-integrated re fueling canister-only system are exempt

from the canister bleed emission standard.

2. Phase-In Schedule . For each model year, a manufacturer shall certify, at a minimum, the specified percenta ge of its vehicle fleet to the evaporative emission standards set forth in section 1976(b)(1)(G)1.a. or section 1976(b)(1)(G)1.b., according to the schedul e set forth below. For the purpose of this section 1976(b)(1)(G)2., the manufa cturer's vehicle fleet consists of the vehicles produced and delivered for sale by the manufacturer in California that are subject to the emission stan dards in section 1976(b)(1)(G)1. All 2015 through 2022 model motor vehicles that are not subject to these standards pursuant to the phase-in schedule shall comply with the requirements for 2004 through 2014 model m otor vehicles, as described in section 1976(b)(1)(F).

Model Years Minimum Percentage of Vehicle Fleet (1)(2)

2015, 2016, and 2017 Average of vehicles certified to section 1976(b)(1) (E) in model years 2012, 2013, and 2014 (3)(4)

2018 and 2019 60

2020 and 2021 80

2022 and subsequent 100

1 For the 2018 through 2022 model years only, a manu facturer may use an alternate phase-in
schedule to comply with the phase-in requirements. An alternate phase-in schedule must
achieve equivalent compliance volume by the end of the last model year of the scheduled
phase-in (2022). The compliance volume is the numbe r calculated by multiplying the percent
of vehicles (based on the manufacturer’s projected sales volume of all vehicles) meeting the
new requirements in each model year by the number o f years implemented prior to and
including the last model year of the scheduled phas e-in, then summing these yearly results to143

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 determine a cumulative total. The cumulative total of the five year (60/60/80/80/100)
scheduled phase-in set forth above is calculated as follows: (60*5 years) + (60*4 years) +
(80*3 years) + (80*2 years) + (100*1 year) = 1040. Accordingly, the required cumulative total
for any alternate phase-in schedule of these emissi on standards is 1040. The Executive Officer shall consider acceptable any alternate pha se-in schedule that results in an equal or
larger cumulative total by the end of the last mode l year of the scheduled phase-in (2022).

2 Small volume manufacturers are not required to com ply with the phase-in schedule set forth in this table. Instead, they shall certify 100 per cent of their 2022 and subsequent model year vehicle fleet to the evaporative emission standards set forth in section 1976(b)(1)(G)1.a. or section 1976(b)(1)(G)1.b.

3 The percentage of vehicle fleet averaged across th e 2015, 2016, and 2017 model years shall be used to determine compliance with this requireme nt.

4 The minimum percentage required in the 2015, 2016, and 2017 model years is determined by averaging the percentage of vehicles certified to t he emission standards in section 1976(b)(1)(E) in each of the manufacturer’s 2012, 2 013, and 2014 model year vehicle fleets. For the purpose of calculating this average, a manu facturer shall use the percentage of vehicles produced and delivered for sale in Califor nia for the 2012, 2013, and 2014 model years. A manufacturer may calculate this average p ercentage using the projected sales for these model years in lieu of actual sales.

3. Carry-Over of 2014 Model-Year Evaporative Families Certified to the Zero-Fuel Evaporative Emission Sta ndards . A manufacturer may carry over 2014 model motor vehicles certified to the zero-fuel (0.0 grams per test) evaporative emission standards set forth in section 1976(b)(1)(E) through the 2018 model year and be co nsidered compliant with the requirements of section 1976(b)(1)(G)1. If the manufacturer chooses to participate in the fleet-average option for the hig hest whole vehicle diurnal plus hot soak emission standard, the following fami ly emission limits are assigned to these evaporative families for the calc ulation of the manufacturer’s fleet-average hydrocarbon emission v alue.144

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Vehicle Type Highest Whole Vehicle
Diurnal + Hot Soak (grams per test)

Passenger cars 0.300

Light-duty trucks

6,000 lbs. GVWR and under,

and 0 - 3,750 lbs. LVW 0.300

Light-duty trucks

6,000 lbs. GVWR and under,

and 3,751 – 5,750 lbs. LVW 0.400

Light-duty trucks

6,001 - 8,500 lbs. GVWR 0.500

4. Pooling Provision . The following pooling provision applies to the fleet-average option for the Highest Whole Vehi cle Diurnal Plus Hot Soak Emission Standard in section 1976(b)(1)(G)1.b. and to the phase-in requirements in section 1976(b)(1)(G)2.

a For the fleet-average option set forth in section 1976(b)(1)(G)1.b., a manufacturer must demonstrate compliance, for each model year, based on one of two options applicable throughout the model year, either:

Pooling Option 1: the total number of passenger ca rs, light-duty trucks, medium-duty passenger vehicles, mediumduty vehicles, and heavy-duty vehicles that are cer tified to the California evaporative emission standards in sectio n 1976(b)(1)(G)1.b., and are produced and delivered f or sale in California; or Pooling Option 2: the total number of passenger ca rs, light-duty trucks, medium-duty passenger vehicles, mediumduty vehicles, and heavy-duty vehicles that are cer tified to the California evaporative emission standards in sectio n 1976(b)(1)(G)1.b., and are produced and delivered f or sale in California, the District of Columbia, and all state s that have adopted California's evaporative emission standards set forth in section 1976(b)(1)(G)1. for that model year pursuan t to section 177 of the federal Clean Air Act (42 U.S.C. § 7507)

.

b For the phase-in requirements in section 1976(b) (1)(G)2., a manufacturer must demonstrate compliance, for each model year, based on one of two options applicable throughout the mod el year, either:145

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012

Pooling Option 1: the total number of passenger car s, light-duty trucks, medium-duty passenger vehicles, mediumduty vehicles, and heavy-duty vehicles that are cer tified to the California evaporative emission standards in sectio n 1976(b)(1)(G)1., and are produced and delivered for sale in California; or Pooling Option 2: the total number of passenger car s, light-duty trucks, medium-duty passenger vehicles, mediumduty vehicles, and heavy-duty vehicles that are cer tified to the California evaporative emission standards in sectio n 1976(b)(1)(G)1., and are produced and delivered for sale in California, the District of Columbia, and all state s that have adopted California's evaporative emission standards set forth in section 1976(b)(1)(G)1. for that model year pursuan t to section 177 of the federal Clean Air Act (42 U.S.C. § 7507)

.

c A manufacturer that selects Pooling Option 2 mus t notify the Executive Officer of that selection in writing befo re the start of the applicable model year or must comply with Pooling O ption 1. Once a manufacturer has selected Pooling Option 2, that se lection applies unless the manufacturer selects Option 1 and notifies the Executive Officer of that selection in writing before the start of the applic able model year.

d When a manufacturer is demonstrating compliance using Pooling Option 2 for a given model year, the term " in California" as used in section 1976(b)(1)(G) means California, the Distric t of Columbia, and all states that have adopted California's evaporative e mission standards for that model year pursuant to Section 177 of the fede ral Clean Air Act (42 U.S.C. § 7507).

e A manufacturer that selects Pooling Option 2 mus t provide to the Executive Officer separate values for the numbe r of vehicles in each evaporative family produced and delivered for sale in the District of

Columbia and for each individual state within the a verage.

5. Optional Certification for 2014 Model Motor Vehi cles. A manufacturer may optionally certify its 2014 model motor vehicles to the evaporative emission standards set forth in section 1976(b)(1)(G)1.

(b)(2) [Evaporative emission standards for gasoline-fueled motorcycles. No change.]146

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (c) The test procedures for determining compliance with the standards in subsection (b) above applicable to 1978 through 200 0 model year vehicles are set forth in “California Evaporative Emission Stand ards and Test Procedures for 1978-2000 Model Motor Vehicles,” adopted by the sta te board on April 16, 1975, as last amended August 5, 1999, which is incorporat ed herein by reference. The test procedures for determining compliance with sta ndards applicable to 2001 and subsequent model year vehicles are set forth in the “California Evaporative

Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles,” adopted by the state board on August 5, 1999, and as last amended September 27, 2010 March 22, 2012, which is incorpo rated herein by reference.

(d) [Motorcycle requirements. No change.]

(e) [Motorcycle requirements. No change.]

(f) Definitions Specific to this Section.

(1) and (2) [No change].

(3) “Non-integrated refueling emission control syst em” is defined in 40 Code of Federal Regulations §86.1803-01.

(4) “Non-integrated refueling canister-only system” means a subclass of a non-integrated refueling emission control system, w here other non-refueling related evaporative emissions from the vehicle are stored in the fuel tank, instead of in a vapor storage unit(s).

Note: Authority cited: Sections 39500, 39600, 396 01, 39667, 43013, 43018, 43101, 43104, 43105, 43106 and 43107, Health and Safety Code. Re ference: Sections 39002, 39003,
39500, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43204 and 43205 Health and Saf ety Code.147

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §1978. Standards and Test Procedures for Vehicle Re fueling Emissions.

(a)(1) Vehicle refueling emissions for 1998 and sub sequent model gasoline-fueled, alcohol-fueled, diesel-fueled, liq uefied petroleum gas-fueled, fuel-flexible, and hybrid electric passenger cars, light-duty trucks, and mediumduty vehicles with a gross vehicle weight rating le ss than 8501 pounds, shall not exceed the following standards. and 2015 and subseq uent model gasolinefueled, alcohol-fueled, diesel-fueled, liquefied pe troleum gas-fueled, fuel-flexible, and hybrid electric medium-duty vehicles with a gro ss vehicle weight rating between 8,501 and 14,000 pounds, shall not exceed t he following standards. Natural gas-fueled vehicles are exempt from meeting these refueling standards, but the refueling receptacles on natural gas-fueled vehicles must comply with the receptacle provisions of the American National Stan dards Institute/American Gas Association Standard for Compressed Natural Gas Veh icle Fueling Connection Devices, ANSI/AGA NGV1 standard-1994, which is inco rporated herein by reference. The standards apply equally to certifica tion and in-use vehicles.

Hydrocarbons (for gasoline-fueled, diesel-fueled, a nd hybrid electric vehicles): 0.20 grams per gallon of fuel dispensed.

Organic Material Hydrocarbon Equivalent (for alcoho l-fueled, fuel-flexible, and hybrid electric vehicles): 0.20 grams per gallon of fuel dispensed.

Hydrocarbons (for liquefied petroleum gas-fueled ve hicles): 0.15 gram per gallon of fuel dispensed.

(2) Vehicles powered by diesel fuel are not require d to conduct testing to demonstrate compliance with the refueling emission standards set forth above, provided that all of the following provisions are m et:

(A) The manufacturer can attest to the following ev aluation: “Due to the low vapor pressure of diesel fuel and the vehicle t ank temperatures, hydrocarbon vapor concentrations are low and the vehicle meets the 0.20 grams/gallon refueling emission standard without a control syste m.”

(B) The certification requirement described in para graph (A) is provided in writing and applies for the full useful life of the vehicle, as defined in

section 2112.

In addition to the above provisions, the ARB reserv es the authority to require testing to enforce compliance and to prevent noncom pliance with the refueling

emission standard.

Vehicles certified to the refueling emission standa rd under this provision shall not be counted in the phase-in sales percentage complia nce determinations.148

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 (3) Through model year 2014, theThe manufacturer s hall adhere to the following phase-in schedule, as determined by proje cted vehicle sales throughout the United States, with the exception of small volu me manufacturers.

ORVR Model Year Phase-In Schedule

Class of Vehicle 40% Fleet 80% Fleet 100% Fleet Passenger Cars 1998 1999 2000 Light-Duty Trucks 0-6,000 lbs. GVWR 2001 2002 2003

Light-Duty Trucks/ Medium-Duty Vehicles (6,001 -8,500 lbs. GVWR) 2004 2005 2006

(A) Prior to the 2001 model year, small volume manu facturers are defined for purposes of this section as any vehicle manufacturer with California actual sales less than or equal to 3000 new vehicle s per model year based on the average number of vehicles sold by the manufact urer in the previous three consecutive years.

(B) Small volume manufacturers of passenger cars, a s defined in subsection (a)(3)(A), are exempt from the implement ation schedule in subsection (a)(3) for model year 1998 and 1999. For small volu me manufacturers of passenger cars, the standards of subsection (a)(1), and the associated test procedures, shall not apply until model year 2000, when 100 percent compliance with the standards of this section is required. Sma ll volume manufacturers of light-duty trucks and medium-duty vehicles are not exempt from the implementation schedule in subsection (a)(3).

(4) Beginning with model year 2015, all vehicles su bject to the refueling emission standards in section 1978(a)(1) shall demo nstrate compliance except incomplete vehicles of 14,000 pounds gross vehicle weight rating or less that are certified as incomplete vehicles for the purposes o f evaporative emissions testing as set forth in the “California Evaporative Emissio n Standards and Test Procedures for 2001 and Subsequent Model Motor Vehi cles,” incorporated by

reference in section 1976.

(5) Carry-Over of 2014 Model Year Families: 2014 model year motor vehicles certified to the refueling emission standa rds of section 1978(a)(1) may carry over to the 2015 through 2018 model years and be considered compliant.

(b) The test procedures for determining compliance with standards applicable to 1998 through 2000 gasoline, alcohol, diesel, and hybrid electric passenger cars, light-duty trucks, and medium-duty vehicles a re set forth in the “California149

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 Refueling Emission Standards and Test Procedures fo r 1998-2000 Model Year Motor Vehicles,” as amended August 5, 1999, which i s incorporated herein by reference. The test procedures for determining comp liance with standards applicable to 2001 and subsequent gasoline, alcohol , diesel, and hybrid electric passenger cars, light-duty trucks, and medium-duty vehicles are set forth in the “California Refueling Emission Standards and Test P rocedures for 2001 and Subsequent Model Motor Vehicles,” adopted August 5, 1999, and last amended September 27, 2010 March 22, 2012, which is incorpo rated herein by reference.

NOTE: Authority cited: Sections 39500, 39600, 39601 , 39667, 43013, 43018, 43101, 43104, 43105 and 43106, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 39667,
43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5 , 43102, 43104, 43105, 43106, 43204 and 43205, Health and Safety Code.150

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §2037. Defects Warranty Requirements for 1990 and S ubsequent Model Passenger Cars, Light-Duty Trucks, Medium-Duty Vehi cles, and Motor Vehicle Engines Used in Such Vehicles.

* * * *

(g) Prior to the 2001 model year, each manufacture r shall submit the documents required by sections (c)(5), (e), and (f) with the manufacturer’s preliminary application for new vehicle or engine c ertification for approval by the Executive Officer. For 2001 and subsequent model y ears, each manufacturer shall submit the documents required by section (c)( 5), (e), and (f) with the Part 2 Application for Certification pursuant to the “Cali fornia 2001 through 2014 Model

Criteria Pollutant Exhaust Emission Standards and T est Procedures and for 2001 2009 through 2016 and Subsequent Model Greenhouse G as Exhaust Emission Standards and Test Procedures for Passenger Cars, L ight-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in title 13, CCR section 1961(d), or the “California 2015 and Subsequent Mod el Criteria Pollutant

Exhaust Emission Standards and Test Procedures and 2017 and Subsequent

Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in title 13, CCR section 1961.2(d), as ap plicable. The Executive Officer may reject or require modification of any o f the documents required by sections (c), (e), and (f) for, among other reasons , incompleteness and lack of clarity. Approval by the Executive Officer of the documents required by sections (c), (e), and (f) shall be a condition of certifica tion. The Executive Officer shall approve or disapprove the documents required by sec tions (c), (e), and (f) within 90 days of the date such documents are received fro m the manufacturer. Any disapproval shall be accompanied by a statement of the reasons thereof. In the event of disapproval, the manufacturer may petition the Board to review the
decision of the Executive Officer.

* * * *

NOTE: Authority cited: Sections 39600 and 39601, He alth and Safety Code. Reference: Sections
43106, 43204, 43205, 44004, 44010, 44011, 44012, 44 015, and 44017, Health and Safety Code.151

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §2038. Performance Warranty Requirements for 1990 a nd Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium -Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles

* * * *

(c) Written Instructions.

* * * *

(3) For 2001 and subsequent model years, each vehi cle or engine manufacturer shall submit the documents required by section (c)(1) with the Part 2 Application for Certification pursuant to the “Ca lifornia 2001 through 2014

Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 2001 2009 through 2016 and Subsequent Model Gre enhouse Gas Exhaust Emission Standards and Test Procedures for Passenge r Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in title 13, CCR section 1961(d), or the “California 2015 and Subseq uent Model Criteria Pollutant

Exhaust Emission Standards and Test Procedures and 2017 and Subsequent

Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” incorporated by reference in title 13, CCR section 1961.2(d), as ap plicable.

* * * *

NOTE: Authority cited: Sections 39600 and 39601, He alth and Safety Code. Reference: Sections
43106, 43204, 43205, 44004, 44010, 44011, 44012, 44 014, and 44015, Health and Safety Code.152

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §2062. Assembly-Line Test Procedures - 1998 and Sub sequent Model

Years.

New 1998 through 2000 model-year passenger cars, li ght-duty trucks, and medium-duty vehicles, subject to certification and manufactured for sale in California, except for zero-emission vehicles and m edium-duty vehicles certified according to the optional standards and test proced ures of Section 1956.8, Title 13, California Code of Regulations, shall be tested in accordance with the “California Assembly-Line Test Procedures for 1998 through 2000 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty V ehicles,” adopted June 24, 1996, as last amended August 5, 1999, which is incorporated herein by reference. New 2001 and subsequent model-year pass enger cars, light-duty trucks, and medium-duty vehicles, subject to certif ication and manufactured for sale in California, except for zero-emission vehicl es and medium-duty vehicles certified according to the optional standards and t est procedures of Section 1956.8, Title 13, California Code of Regulations, s hall be tested in accordance with the “California Assembly-Line Test Procedures for 2001 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks and Me dium-Duty Vehicles.” adopted August 5, 1999, which is incorporated herei n by reference. These test procedures shall also apply to federally certified light-duty motor vehicles, except as provided in “Guidelines for Certification of 198 3 and Subsequent Through 2002 Model-Year Federally Certified Light-Duty Moto r Vehicles for Ssale in California,” adopted July 20, 1982, as last amended July 21, 1991 July 30, 2002,
and the “Guidelines for Certification of 2003 and S ubsequent Model-Year Federally Certified Light-Duty Motor Vehicles for s ale in California,” adopted July 30, 2002, which is are incorporated herein by refer ence.

NOTE: Authority cited: Sections 39515, 39600, 39601 , 43013, 43018, 43101, 43104 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, 43210, 43211 and 43212, Health and Safety Code.153

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §2112. Definitions.

* * * *

(b) “Correlation factor” means a pollutant-specifi c multiplicative factor calculated by a manufacturer for an engine family o r test group which establishes a relationship between chassis exhaust emission dat a, as determined from the test procedures specified in section 1960.1, or 196 1, or 1961.2, Title 13, California Code of Regulations, and engine exhaust emission data, as determined from the test procedures specified in se ction 1956.8, Title 13, California Code of Regulations.

* * * *

(l)(9) For 2001 and subsequent- through 2019 model year medium-duty low-emission, ultra-low-emission and super-ultra-lo w-emission vehicles certified to the primary standards in section 1961(a)(1), and motor vehicle engines used in such vehicles, a period of use of ten years or 120, 000 miles, whichever occurs first. For 2001 and subsequent through 2019 medium -duty low-emission, ultralow-emission and super-ultra-low-emission vehicles certified to the optional 150,000 mile standards in section 1961(a)(1), and m otor vehicle engines used in such vehicles, a period of use of fifteen years or 150,000 miles, whichever occurs first. For all other 1995 and subsequent model-yea r medium-duty vehicles, and motor vehicle engines used in such vehicles, and 19 92 through 1994 model-year medium-duty low-emission, and ultra-low-emission ve hicles certified to the standards in Section 1960.1(h)(2), and motor vehicl e engines used in such vehicles, a period of use of eleven years or 120,00 0 miles, whichever occurs first.

* * * *

(l)(18) For those passenger cars, light-duty trucks , and medium-duty

vehicles certified to the standards in section 1961 .2 or 1961.3, the useful life shall be fifteen years or 150,000 miles, whichever occurs first.

[renumber subsections (l)(18) through (l)(23) as (l )(19) through (l)(24)]

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43104, 43105 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 39003,
39500, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43202, 43204-43205.5, 43206, 43210, 43211, 4 3212, 43213 and 43806, Health and Safety Code; and Section 28114, Vehicle Code.154

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §2139. Testing.

After the vehicles have been accepted and restorati ve maintenance, if any, has been performed, the ARB or its designated laboratory shall perform the applicable emission tests pursuant to the following :

(a) For passenger cars and light-duty trucks, in-us e compliance emission tests shall be performed pursuant to section 1960.1 , or 1961, 1961.2, or 1961.3, Title 13, California Code of Regulations, as applic able.

(b) For medium-duty vehicles certified according to the chassis standards and test procedures specified in section 1960.1, or 196 1, 1961.2, or 1961.3, Title 13, California Code of Regulations and the documents in corporated by reference therein, in-use compliance emission tests shall be performed pursuant to section 1960.1, or 1961, 1961.2, or 1961.3, Title 13, Calif ornia Code of Regulations, as applicable.

(c) For medium-duty engines and vehicles certified according to the optional engine test procedures specified in section 1956.8, Title 13, California Code of Regulations and the documents incorporated by refer ence therein, in-use compliance emission tests shall be performed pursua nt to one of the following procedures:

* * * *

(2) Medium-duty vehicles may be tested according t o the chassis test procedures specified in section 1960.1(k), or 1961, or 1961.2, as applicable, if a manufacturer develops correlation factors which est ablish the relationship between engine and chassis testing for each engine family or test group and submits these correlation factors within one year a fter the beginning of production. The correlation factors shall be appli ed to the measured in-use engine exhaust emission data to determine the in-us e engine exhaust emission levels. All correlation factors and supporting dat a included in a manufacturer’s application must be submitted to and approved by th e Executive Officer in advance of their use by a manufacturer. Correlatio n factors intended to apply to a specific engine family or test group shall be app licable for each vehicle model incorporating that specific engine. Manufacturers shall submit test data demonstrating the applicability of the correlation factors for vehicle models comprising a minimum of 80 percent of their engine sales for that specific engine family or test group. The correlation factors for the remaining fleet may be determined through an engineering evaluation based upon a comparison with
similar vehicle models. The Executive Officer shal l approve a submitted correlation factor if it accurately corresponds to other established empirical and

theoretical correlation factors and to emission tes t data available to the Executive
Officer.155

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 A manufacturer may choose to use the results from t he chassis in-use testing as a screening test. If an engine family o r test group does not demonstrate compliance with any of the applicable i n-use engine standards, as determined from the chassis test data and the appli ed correlation factors, the manufacturer shall be subject to the requirements a nd cost of in-use compliance engine testing, as specified in section 2139(c)(1). The manufacturer shall be subject to engine testing for any non-complying eng ine family or test group for each subsequent year until compliance with the engi ne emission standards is

demonstrated.

Subsequent to approval of the correlation factors, the Executive Officer may make a determination that the original correlat ion factors are not valid. Such a determination may be based upon in-use emission d ata, including chassis and engine testing. Upon determination that the correl ation factors for a specific engine family or test group are not valid, the manu facturer of the engine family or test group shall be subject to the enforcement test ing requirements and costs of in-use compliance engine testing, as specified in s ection 2139(c)(1).

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43107, 43204-43205.5 and 43211-43213, Health and Safety Code.156

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §2140. Notification and Use of Test Results.

* * * *

(b) If the results of the in-use vehicle emission tests conducted pursuant to Section 2139 indicate that the average emissions of the test vehicles for any pollutant exceed the applicable emission standards specified in Title 13, California Code of Regulations, Section 1960.1, 196 1, 1961.2, 1961.3, 1956.8, 1958, 2412, 2423 or 2442, the entire vehicle popula tion so represented shall be
deemed to exceed such standards. The Executive Off icer shall notify the manufacturer of the test results and upon receipt o f the notification, the manufacturer shall have 45 days to submit an influe nced recall plan in accordance with Sections 2113 through 2121, Title 1 3, California Code of Regulations. If no such recall plan is submitted, the Executive Officer may order corrective action including recall of the affected vehicles in accordance with Sections 2122 through 2135, Title 13, California Co de of Regulations.

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 4 3018, 43101, 43104, 43105, 43106, 43107, 43204-43205.5 and 43211-43213, Health and Safety Co de.157

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §2145. Field Information Report.

* * * *

(b) All field information reports shall be submitte d to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731, and shall contain the following information in substantially the format outlined below:

* * * *

(3) A description of each class or category of Cali fornia-certified vehicles or engines affected including make, model, model-ye ar, engine family or test group and such other information as may be required to identify the vehicles or engines affected. The description shall include th ose engine families or test groups related to the affected engine family or tes t group through common certification test data allowed under Title 40, Cod e of Federal Regulations, Section 86.085-24(f), as amended December 10, 1984 or Title 40 Code of Federal Regulations, Section 86.1839-01, as adopted May 4, 1999 amended January 17, 2006 (“carry-over” and “carry-across” e ngine families or test groups).

* * * *

NOTE: Authority cited: Sections 39600, 39601 and 43 105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105 , 43106, 43107 and 43204-43205.5, Health and Safety Code.158

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 §2147. Demonstration of Compliance with Emission St andards.

* * * *

(b) A manufacturer may test properly maintained i n-use vehicles with the failed emission-related component pursuant to the a pplicable certification emission tests specified in Title 13, California Co de of Regulations, Section 1960.1, or 1961, 1961.2, or 1961.3, as applicable, for passenger cars, light-duty trucks, and medium-duty vehicles, Section 1956.8 fo r heavy-duty engines and vehicles, Section 1958 for motorcycles, and Section 2442 for sterndrive/inboard marine engines. The emissions shall be projected t o the end of the vehicle’s or engine’s useful life using in-use deterioration fac tors. The in-use deterioration factors shall be chosen by the manufacturer from am ong the following:

* * * *

(3) subject to approval by the Executive Officer, a manufacturer-generated

deterioration factor. The Executive Officer shall approve such deterioration factor if it is based on in-use data generated from certif ication emission tests performed on properly maintained and used vehicles in accorda nce with the procedures set forth in Section 1960.1, or 1961, or 1961.2 of Titl e 13 of the California Code of Regulations, as applicable, for passenger cars, lig ht-duty trucks, and mediumduty vehicles; Section 1956.8 of Title 13 of the Ca lifornia Code of Regulations for heavy duty vehicles and engines; and Section 1958 o f Title 13 of the California Code of Regulations for motorcycles, and if the veh icles from which it was derived are representative of the in-use fleet with regard to emissions performance and are equipped with similar emission control technology as vehicles with the failed component.

* * * *

NOTE: Authority cited: Sections 39600, 39601 and 43 105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105 , 43106, 43107 and 43204-43205.5, Health and Safety Code.159

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 § 2235. Requirements.

New 1977 and subsequent through 2014 model-year gas oline-fueled motor vehicles and 1993 and subsequent through 2014 model-year methanolfueled passenger cars, light-duty trucks, medium-du ty vehicles and heavy-duty vehicles shall not be sold, offered for sale or reg istered in California unless such vehicles comply with the Air Resources Board's "Spe cifications for Fill Pipes and Openings of 1977 through 2014 Model Motor Vehicle F uel Tanks," dated March 19, 1976 as last amended January 22, 1990 March 22, 2012, which is incorporated by reference herein or, in the case of motorcycles, are exempted pursuant to Chapter 1, Article 2, Section 1976(b). New 2015 and subsequent model-year gasoline and alcohol fueled passenger ca rs, light trucks, mediumduty vehicles, and heavy-duty vehicles shall not be sold, offered for sale, or registered in California unless such vehicles compl y with the “Specifications for Fill Pipes and Openings of 2015 and Subsequent Mode l Motor Vehicle Fuel Tanks,” adopted March 22, 2012, which is incorporat ed by reference. Motorcycles are exempted pursuant to Chapter 1, Art icle 2, Section 1976(b).

NOTE: Authority cited: Sections 39600, 39601, 43013 , 43018, 43101, 43104, 43107 and 43835, Health and Safety Code. Reference: Sections 39003, 43000, 43013, 43018, 43101, 43104, 43106, 43204 and 43835, Health and Safety Code; and Sections 28111 and 28112, Vehicle

Code.160

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 § 2317. Satisfaction of Designated Clean Fuels Req uirements with a

Substitute Fuel.

(a) Any person may petition the state board to desi gnate by regulation a substitute fuel which may be used instead of a prim ary designated clean fuel to satisfy any requirements in this chapter pertaining to a designated clean fuel. The state board shall designate such a substitute fuel if it is satisfied that the petitioner has demonstrated all of the following:

(1) That use of the fuel in low-emission vehicles c ertified on the primary designated clean fuel will result in emissions of N MOG (on a reactivity-adjusted basis), NOx, and CO no greater than the correspondi ng emissions from such vehicles fueled with the primary designated clean f uel, as determined pursuant to the procedures set forth in the “California Test Pr ocedure for Evaluating Substitute Fuels and New Clean Fuels through 2014,” as adopted November 2, 1993 amended March 22, 2012 or the “California Test Procedure for Evaluating

Substitute Fuels and New Clean Fuels in 2015 and Su bsequent Years,” as adopted March 22, 2012, as applicable, which is are incorporated herein by

reference.

(2) That use of the fuel in low-emission vehicles c ertified on the primary designated clean fuel will result in potential heal th risks from exposure to benzene, 1,3-butadiene, formaldehyde, and acetadehy de in the aggregate no greater than the corresponding potential health ris ks for such vehicles fueled with the primary designated clean fuel, as determined pu rsuant to the procedures set
forth in the “California Test Procedure for Evaluat ing Substitute Fuels and New Clean Fuels through 2014” or the “California Test Procedure for Evaluating

Substitute Fuels and New Clean Fuels in 2015 and Su bsequent Years,” as applicable,”as adopted November 2, 1993, which is a re incorporated herein by

reference.

(3) That if the proposed substitute fuel may be use d to fuel any motor

vehicle other than low-emission vehicles certified on the primary designated

clean fuel:

(A) Use of the substitute fuel in such other motor vehicles would not increase emissions of NMOG (on a reactivity-adjuste d basis), NOx, and CO as determined pursuant to the procedures set forth in the “California Test Procedure for Evaluating the Emission Impacts of Substitute F uels or and New Clean Fuels through 2014” or the “California Test Procedure for Evaluating Substitut e Fuels and New Clean Fuels in 2015 and Subsequent Years,” as applicable,” as adopted November 2, 1993, which is are incorporated herein by reference; and

(B) Use of the substitute fuel in such other motor vehicles would result in potential health risks from exposure to b enzene, 1,3-butadiene, formaldehyde, and acetadehyde in the aggregate no g reater than the161

As Amended: March 22, 2012 Date of Hearing: January 26-27, 2012 corresponding potential health risk from the emissi ons from such vehicles when operating on their customary fuel, as determined pu rsuant to the procedures set
forth in the “California Test Procedure for Evaluat ing the Emission Impacts of Substitute Fuels or and New Clean Fuels through 201 4” or the “California Test Procedure for Evaluating Substitute Fuels and New C lean Fuels in 2015 and Subsequent Years,” as applicable,” as adopted Novem ber 2, 1993, which is are incorporated herein by reference; and

(C) Use of the substitute fuel in such other motor vehicles would not

result in increased deterioration of the emission c ontrol system on the vehicle and would not void the warranties of any such vehic les.

* * * *

NOTE: Authority cited: Sections 39600, 39601, 39667 , 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Oran ge County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution C ontrol District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).