Date of Release: September 24, 2009; 15-Day Notice Version

Date of Hearing: September 24, 2009 

## Attachment C

Proposed Regulation OrderDate of Release: September 24, 2009; 15-Day Notice Version

Date of Hearing: September 24, 2009 1 PROPOSED MODIFIED TEXT OF THE REGULATIONS TO AMEND THE NEW

PASSENGER MOTOR VEHICLE GREENHOUSE GAS EMISSION STA NDARDS

The following text shows the Board-approved modific ations to the originally proposed regulatory text for section 1961.1, title 13 of the California Code of Regulations and to
the “California Exhaust Emission Standards and Test Procedures for 2001 and subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.” Unless otherwise indicated below, the text of the o riginally proposed amendments is

shown in underline to indicate additions and strikeout to indicate deletions. The modified language now proposed by staff is shown in double underline to indicate

additions and double strikeou t to indicate deletions. Staff is proposing modific ations to limited portions of the original proposal; for some portions for which no modifications are proposed, the text has been omitted and the omi ssion indicated by “* * * *.”.

There are no additional suggested modifications to the originally proposed amendments to section 1961, title 13, CCR.Date of Release: September 24, 2009; 15-Day Notice Version

Date of Hearing: September 24, 2009 2 1. Amend section 1961.1, title 13, CCR as follows:

§ 1961.1. Greenhouse Gas Exhaust Emission Standard s and Test Procedures - 2009 and Subsequent Model Passenger Cars, Light-Dut y Trucks, and MediumDuty Vehicles.

(a) Greenhouse Gas Emission Requirements. The greenhouse gas emission levels from new 2009 and subsequent model year pass enger cars, light-duty trucks, and medium-duty passenger vehicles shall not exceed the following requirements. Light-duty trucks from 3751 lbs. LVW – 8500 lbs. GV W that are certified to the Option 1 LEV II NOx Standard in section 1961(a)(1) are exemp t from these greenhouse gas emission requirements, however, passenger cars, lig ht-duty trucks 0-3750 lbs. LVW, and medium-duty passenger vehicles are not eligible for this exemption.

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

(A) The fleet average greenhouse gas exhaust mass e mission values from passenger cars, light-duty trucks, and medium- duty passenger vehicles that are produced and delivered for sale in California each model year by a large volume

manufacturer shall not exceed:Date of Release: September 24, 2009; 15-Day Notice Version

Date of Hearing: September 24, 2009 3 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) Fleet Average Greenhouse Gas Emissions

(grams per mile CO 2 -equivalent) Model Year

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 demonst rate compliance with the fleet average requirements in t his section 1961.1(a)(1)(A) 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 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 all 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 Executive Offic er of that selection, in writing, within 30 days of the effective date of the amendments to this section (a)(1)(A)1 or must comply with Option 1.Date of Release: September 24, 2009; 15-Day Notice Version

Date of Hearing: September 24, 2009 4

b. For the 2011 and later model years, a manufactu rer that selects compliance Option 2 must notify the Executive Offic er of that selection, in writing, prior to the start of the applicable model year or must c omply with Option 1.

c. When a manufacturer is demonstrating complianc e using Option 2 for a given model year, the term “in California” as used in subsections 1961.1(a)(1)(B)3. and 1961.1(b) means California, the District of Col umbia, and all states that have adopted California’s greenhouse gas emission standa rds for that model year pursuant to Section 177 of the federal Clean Air Act (42 U.S .C. § 7507).

d. A manufacturer that selects compliance Option 2 must provide to
the Executive Officer separate values for the number of vehicles produc ed tion

, and

deliver ed y

, and for

sales values separately for in the District of Columbia and for each individual state within the average.

* * * *

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.