Date of Release: Decemb er 7 , 2011; 45

- day Notice Version Date of Hearing: Janua r y 26 , 201 2 APPENDIX A

- PROPOSED REGULATION ORDER

Amendments to Sections 1900, 1956.8, 1960.1, 1961 , 1961.1, 1965, 1968.2, 1968.5, 1976, 1978, 2037, 2038, 2062, 2112, 2139, 2140, 2145, 2147, 2235, and 2 3 1 7 , and Adoption of new Sections 1961.2 and 1961.3, Title 13, California Code of Regulations

Set forth below are the proposed amendments to title 13 of the California Code of Regulations. Amendments to existing section proposed and sub ject to comment in this rulemaking are shown in underline to indicate additions and strikeout to indicate deletions. Subsections for which no changes are proposed in this rulemaking are indicated with [No change] or “* * * *”. Sections 1961.2 an d 1961.3 are new sections, shown without underline for easier reading.

TABLE OF CONTENTS

Section Page No.

1. Section 1900 . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 2. Section 1956.8

. . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 3. Section 1960.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 4 . Section 1961 . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 5 5 . Section 1961.1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 6 6 . Section 1961.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 7 . Section 1961.3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 68 8 . Section 1965 . . . .

. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 110 9. Section 1968.2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 111 10. Section 1968.5. . . . . . . . . . . . . .

. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 126 1 1 . Section 1976 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 129 1 2 . Section 1978 . . . . . . . . . . . . . . . . .. . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . 13 9 1 3 . Section 2037 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 2 1 4 . Section 2038. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 3 1 5 . Section 2062 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 4 1 6 . Section 2112 . . . . .

. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 5 1 7 . Section 2139 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . 14 6 1 8 . Section 2140 . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 8 1 9 . Section 2145 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 9 20 . Section 2147 . . . . . . . . . . . . . . . . . . . . . . . . . . . .

. . . . . . . . . . . . . . . . . . . 1 50 2 1 . Section 2 235

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 1 2 2 . Section 2 317

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15 2A

- 1

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 . Amend title 13, CCR, section 1900 to read as follows:

§ 1900. Definitions.

* * * *

(b) In addition to the definitions incorporated under subdivision (a), the following definitions shall govern the provisions of this chapter.

* * * *

(9) “Intermediate volume manufacturer” means any pre

- 2001 model year manufacturer with California sales between 3,001 and 60,000 new light

- and medium

- duty vehicles per model year based on the average 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 model year from 19 89 to 1993; and any 2003 and subsequent through 2017 model year manufacturer with California sales between 4,501 and 60,000 new light

- and medium

- duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification ; and any 2018 and subsequent model year manufacturer with California sales between 4,501 and 2 0,000 new light

- and medium

- duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification . For a manufacturer certifying for the first time in California, model year sales shall be based on projected California sales. A manufacturer’s California sales shall consist of all vehicles or e ngines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer’s nameplate shall be treated as Californi a sales of the marketing manufacturer.

For purposes of applying the 2005 and subsequent through 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) vehicles 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 mor e firms if a third party has equity ownership of greater than 50% in each firm.

For purposes of applying the 2009 and subsequent through 201 6 model year Greenhouse Gas requirements for intermediate volume manufacturers under section 1961.1, the annual sal es from different firms shall be aggregated in theA

- 2

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 following situations: (1) vehicles produced by two or more firms, each one of which either has a greater than 10% equity ownership in another or is more than 10% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 10% in each firm.

For the 20 18 and subsequent model year s , 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 owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 33. 4 % or more in each of the firms; or (3) vehicles produced by two or more firms having a co mmon corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by a ny firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity

.

* * * *

(22) “Small volume manufacturer” means, with respect to the 2001 and subsequent model

- years, a manufacturer with California sales less than 4,500 new passenger cars, light

- duty trucks, medium

- duty vehicles, heav y

- duty vehicles and heavy

- duty engines based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification as a small volume manufacturer; however, for manufacturers certifying for the fi rst time in California model

- year sales shall be based on projected California sales. A manufacturer’s California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or eng ines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer’s nameplate shall be treated as California sales of the marketing manufacturer. Except as provided in the next paragraph

, beginning with for the 2009 through 2017 model year s , 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 10% or greater part owned by another; or (2) vehicles 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 firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicle s imported or distributed by all any firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

For purposes of compliance with the zero

- emission vehicle requirements, heavy

duty ve hicles and engines shall not be counted as part of a manufacturer’s sales. For purposes of applying the 2005 and subsequent through 2017 model year

zero

- emission vehicle requirements for small

- volume manufacturers under sections 1962(b) and 1962.1(b), the annual sales from different firms shall be aggregated in the case of (1) vehicles produced by two or more firms, each oneA

- 3

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 ownership of greater than 50% in each firm.

For the 20 18 and subsequent model years , the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two o r more firms, one of which is 33. 4 % or greater part owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 33. 4 % or more in each of the firms; or (3) vehicles 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 a ny firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized ag ent of the entity

.

N OTE : Authority cited: Sections 39600, 39601, 43013, 43018, 43101, and 43104 Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39500, 40000, 43000, 43013, 43018.5, 43100, 43101, 43101.5, 43102, 43103, 43104, 43106, a nd 43204, Health and Safety Code.A

- 4

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 2. Amend title 13, CCR, section 1956.8 to read as follows:

§ 1956.8. Exhaust Emission Standards and Test Procedures

- 1985 and Subsequent Model Heavy

- Duty Engines and Vehicles.

* * * *

(b) The test procedures for determining compliance with standards applicable to 1985 and subsequent model heavy

- duty diesel engines and vehicles and the requirements for participating in the averaging, banking and trading programs, are set forth in the “C alifornia Exhaust Emission Standards and Test Procedures for 1985 through 2003 Model Heavy

- Duty Diesel

- Engines and Vehicles, “ adopted April 8, 1985, 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 amended October 12, 2011 [ insert date of amendment for this rulemaking ], and the “California Interim Certification Procedures for 2004 and Subsequent Model Hybrid

- Electric Vehicles, in the Urban Bus and Heavy

- Duty Vehicle Classes,” adopted October 24, 2002, which are incorporated by reference herein.

* * * *

(c)(1)( B ) The exhaust emissions from new 2005 and subsequent model heavy

- duty Otto

- cycle engines, except for Otto

- cycle medium

- and heavy

duty engines subject to the alternative standards in 40 CFR §86.005

- 10(f), shall not exceed:A

- 5

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 California Emission Standards for 200 5 and Subsequent 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, alcohol

- fueled, liquefied petroleum gas

- fueled and natural gas

- fueled Otto

- cycle engines.
B For the 2020 and subsequent model years, medium

- duty vehicles 8,501 to 10,000 pounds GVW must certify to the primary emi ssion standards and test procedures for complete vehicles specified in section 1961.2, title 13, CCR.
B

. C A manufacturer of engines used in incomplete medium

- duty vehicles may choose to comply with these standards as an alternative to the primary emission standards and test procedures for complete vehicles specified in section 1961 or 1961.2 , title 13, CCR. A manufacturer that chooses to comply with these optional heavy

- duty engine standards and test procedures shall specify, in the Part I applica tion for certification, an in

- use compliance test procedure, as provided in section 2139(c), title 13 CCR. C D A manufacturer may request to certify to the Option 1 or Option 2 federal NMHC + NOx standards as set forth in 40 CFR § 86.005

- 10(f). However , for engines used in medium

- duty vehicles, the formaldehyde level must meet the standard specified above.
D E This standard only applies to methanol

- fueled Otto

- cycle engines.
E F A manufacturer may elect to include any or all of its medium

- and heavy

- du ty Otto

- cycle engine families in any or all of the emissions ABT programs for HDEs, within the restrictions described in section I.15 of the “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy

- Duty Otto

- Cycle Engi nes,” incorporated by reference in section 1956.8(d). For engine families certified to the Option 1 or 2 federal standards, the FEL must not exceed 1.5 g/bhp

- hr. If a manufacturer elects to include engine families certified to the 2005 and subsequent mod el year standards, the NOx plus NMHC FEL must not exceed 1.0 g/bhp

- hr. For engine families 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).
F G Idle carbon monoxide: For all Otto

- cycle heavy

- duty engines utilizing aftertreatment technology, and not certified to the on

- board diagnostics requirements of section 1968, et seq, as applicable, the CO emissions shall not exceed 0.50 percent of exhaust gas flow at curb idle.

_________________ _____________________________________________________________

* * * *A

- 6

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (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 group as Otto

- cycle vehicles certifying to the LEV III exhaust emission standards and test procedures specified in title 13, CCR, §1961.2, so long as those complete heavy

- duty Otto

cycle vehicles meet the most stringent LEV III standards 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 Standards and Test Procedures for 1987 through 2003 Model Heavy

- Duty Otto

- Cycle Engines 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 December 27, 2000, as last amended September 27, 2010 [ insert date of amendment for this rulemaking ]

, the “California Non

- Methane Organic Gas Test Procedures,” adopted July 12, 1991, as last amended July 30, 2002 [ insert date of amendment for this rulemaking ] , and the “California Interim Certification Procedures for 2004 and Subsequent Model Hybrid

- Electric Vehicles, in the Urban Bus and Heavy

- Duty Vehicle Classes,” adopted October 24, 2002, which are incorporated by reference herein.

* * * *

(h) The exhaust emissions from new:

* * * *

(2) 1992 and subsequent model diesel engines used in medium

- duty low

emission vehicles, ultra

- low

- emission vehicles and super

- ultra

- low

- emission vehicles shall not exceed:A

- 7

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 ________________________________________________________________
Exhaust Emission Standards for Engines Used in 1992 through 2004 Model

Incomplete Otto

- Cycle Medium

- Duty Low

- Emission Vehicles, Ultra

- Low

Emission Vehicles, and Super Ultra

- Low

- Emission Vehicles, and for 1992 and Subsequent Model Diesel Engines Used in Medium

- Duty Low

- Emi ssion Vehicles, Ultra

- Low

- Emission 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 through 2019 model years, m M anufacturers of engines used in incomplete medium

- duty vehicles or diesel engines used in medium

- duty vehicles from 8501

- 10,000 14,000 pounds gross vehicle weight rating may choose to comply with these standards as an alternative to the primary emission standards and test procedures specified in section 1960.1, or section 1961, or section 1961.2 Title 13, California Code of Regulations. For the 1992 and subsequent model years, manufacturers of engines used in incomplete medium

- duty vehicles or diesel engines used in medium

- duty vehicles from 10,0 01

- 1 4 ,000 pounds gross vehicle weight rating may 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 incomplete medium

- duty vehicles and mediu m

- duty vehicles that use a diesel engine 8,501 to 10,000 pounds GVW must certify toA

- 8

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 optiona l heavy

- duty standards and test procedures shall specify, in the application for certification, an in

- use compliance test procedure, as provided in section 2139(c), Title 13, California Code of Regulations.
B "LEV" means low

- emission vehicle. "ULEV" mean s ultra

- low

- emission vehicle. "SULEV" means super ultra

- low

- emission vehicle.
C This standard is the sum of the individual non

- methane hydrocarbon emissions and oxides of nitrogen emissions. For methanol

- fueled engines, non

- methane hydrocarbons shall mean organic material hydrocarbon equivalent ("OMHCE").
D These standards apply only to diesel engines and vehicles.
E Manufacturers may certify engines used in incomplete medium

- duty vehicles or diesel engines used in medium

- duty vehicles to these standards t o meet the requirements of section 1956.8(g), Title 13, California Code of Regulations.
F In

- use compliance testing shall be limited to vehicles or engines with fewer than 90,000 miles.
G [Reserved]
H For engines certified to the 3.5 grams per brake horsep ower

- hour (g/bhp

- hr) LEV standards, the in

- use compliance standard shall be 3.7 g/bhp

- hr for the first two model years of introduction. For engines certified to the 2002 and 2003 model year LEV standards, the in

use compliance standard shall be 3.2 g/bhp

- hr. For engines certified to the 1992 through 2003 model year ULEV standards, the in

- use compliance standard shall be 2.7 g/bhp

- hr for the first two model years of introduction. For engines certified to the 1992 and subsequent SULEV standards, the in

- use compliance standard shall be 2.2 g/bhp

- hr for the first two model years of introduction.
I Manufacturers have the option of certifying to either 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 standards for diesel engines, using the requirements for participation in averaging, banking and trading programs, as set forth in the “California Exhaust Emission Standards and Test P rocedures for 2004 and Subsequent Model Heavy

- Duty Diesel Engines and Vehicles,” incorporated 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 o n these standards according to the requirements of the averaging, banking and trading programs described in the “California Exhaust Emission Standards and Test Procedures for 1985 through 2003 Model Heavy

- Duty Engines and Vehicles” and the “California Exha ust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy

- Duty Diesel Engines and Vehicles,” incorporated by reference in section 1956.8(b), above.
L For the 2005 and 2006 model years, t hese emission standards only appl y t o di e sel engine and vehicle s. For 2007 and subsequent model year diesel engines used in medium

- duty vehicles, these emission standards are not applicable.

_____________________________________________________________________________

* * * *

( 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 emissi on standards and test procedures specified in title 13, CCR, §1961.2, so long as those complete heavy

- duty diesel vehicles meet the most stringent LEV III standards to which any vehicle within that test group certifies

.A

- 9

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 NOTE: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43100, 43101, 43102, 43104, 43105, 43106, 43107 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500, 39667, 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.A

- 10

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 3. Amend title 13, CCR, section 1960.1 to read as follows:

§ 196 0. 1

. Exhaust Emission Standards and Test Procedures

- 1981 through 2006 Model Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles.

* * * *

(r) 4000

- Mile Supplemental FTP Emission Standards. The Supplemental Federal Test Procedure (SFTP) standards in this section are represent the maximum SFTP exhaust emissions at 4,000 miles ± 250 miles or at the mileage determined by the manufacturer for emission

- data vehicles in accordance with the “Califor nia Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles,” as incorporated by reference in section 1960.1(k), and with the “California 2001 through 201 4 Model Criteria Pollut ant 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). The SFTP exhaust emission levels from new 2001 through 20 2 0 and subsequent model low

- emission vehicles, ultra

- low

- emission vehicles and super

- u ltra

- 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 20 2 0 model and subsequent low

- emission vehicles, ultra

- low

- emission vehicles, and super

- ult ra

- low

- emission vehicles in the medium

- duty class certifying to the LEV II exhaust emission standards in section 1961 , shall not exceed:A

- 11

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 ________________________________________________________________
SFTP EXHAUST EMISSION STANDARDS FOR LOW

- EMISSION VEH ICLES, ULTRA

- LOW

- EMISSION VEHICLES, 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 3 4 + NOx 1 CO 1 NMHC 3 4 + 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
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 only, 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 property or is a derivative of such a vehicle, or is available with special features enabling off

- street or off

- highway o peration and use.A

- 12

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 “MDV” means medium

- duty truck, defined as any motor vehicle having a manufacturer’s gross vehicle weight rating of greater than 6,000 pounds and less than 14,001 pounds, except passenger cars. “NMHC+NOx” means non

- methane hydrocarbon plus oxides of nitrogen emissions. “CO” means carbon monoxide emissions. “US06” means the test cycle designed to evaluate emissions 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.
2 3 Vehicles with a gross vehicle weight rating over 8,500 pounds are exempted from the requirements of this subsection.
3 4 Non

- Methane Hydrocarbon Emissions. Hydrocarbon emissions shall be measured in accordance with Part B (Determination of Non

- Methane 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

- fuel vehicles when certifying on methanol or ethanol, “Non

- Methane Hydrocarbons” shall mean “Organic Material Non

- Methane Hydrocarbon Equivalent.”
4 5 A/C

- on Specific Calibrations . A/C

- on specific calibrations (e.g. air to fuel ratio, spark timing, and exhaust gas recirculation), may be used which differ from A/C

- off calibrations for given engine operating conditions (e.g., engine speed, manifold pressure, coolant temp erature, air charge temperature, and any other parameters). Such 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 reasonably 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 manufacturer shall, in the Application for Certification, specify the circumstances under which such r eductions do occur, and the reason for the use of such calibrations resulting in such reductions in control system effectiveness.

A/C

- on specific “open

- loop” or “commanded enrichment” air

- fuel enrichment strategies (as defined below), which differ from A/C

- off “open

- loop” or “commanded enrichment” air

- fuel enrichment strategies, may not be used, with the following exceptions: cold

- start and warm

up conditions, or, subject to Executive Officer approval, 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 i nvoking of this air

- fuel enrichment strategy and the same degree of enrichment regardless of whether the A/C is on or off.

“Open

- loop” or “commanded” air

- fuel enrichment strategy is defined as enrichment of the air to fuel ratio beyond stoichiometry for t he 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 purposes of optimizing vehicle emissions or driveability, shal l not be considered an “open

- loop” or “commanded” air

- fuel enrichment strategy. In addition, “transient” air

- fuel enrichment strategy (or “tip

- in” and “tip

- out” enrichment), defined as the temporary use of an air

- fuel ratio rich of stoichiometry at the be ginning or duration of rapid throttle motion, shall not be considered an “open

- loop” or “commanded” air

- fuel enrichment strategy.

5 6 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 of Federal Regulations, as adopted October 22, 1996, over the US06 cycle, and also the test procedure designed to measure urban driving emissions while the vehicle’s air conditioning system is operating, as described in section 86.160

- 00, Title 40, Code of FederalA

- 13

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Regulations, as adopted October 22, 1996, over the SC03 cycle , except the test weight shall be that specified in this subsection 1960.1(r), regardless of what may be specified in the Code of Fede ral Regulations . These sections of the Code of Federal Regulations are incorporated herein by reference.
6 7 Applicability to Alternative Fuel Vehicles. These SFTP standards do not apply to vehicles certified on fuels other than gasoline and diesel fuel, but the standards do apply to the gasoline and diesel fuel operation of flexible

- fuel vehicles and dual

- fuel vehicles.

7 8 Air to Fuel Ratio Requirement. With the exception of cold

- start conditions, warm

- up conditions and rapid

- throttle motion conditions ( “tip

- in” or “tip

- out” conditions), the air to fuel ratio shall not be richer at any time than, for a given engine operating condition (e.g., engine speed, manifold pressure, coolant temperature, air charge temperature, and any other parameters), the leanes t air to fuel mixture required to obtain maximum torque (lean best torque), with a tolerance of six percent of the fuel consumption. The Executive Officer may approve a manufacturer’s request for approval to use additional enrichment in subsequent testing if the manufacturer demonstrates that additional enrichment is needed to protect the vehicle, occupants, engine, or emission control hardware.
8 9 “Lean

- On

- Cruise” Calibration Strategies. In the Application for Certification, the manufacturer shall state whether any “lean

- on

- cruise” strategies are incorporated into the vehicle design. A “lean

- on

- cruise” air

- fuel calibration strategy is defined as the use of an air

- fuel ratio significantly greater than stoichiometry, during non

- deceleration conditions at s peeds above 40 mph. “Lean

- on

- cruise” air

- fuel calibration strategies 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 during the FTP or SFTP, or

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

or

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

If the manufacturer proposes to use a “lean

- on

- cruise” 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 calibration.

The above p rovisions shall not apply to vehicles powered by “lean

- burn” engines or Diesel

cycle engines. A “lean

- burn” engine is defined as an Otto

- cycle engine designed to run at an air

- fuel ratio significantly greater than stoichiometry during the large majority o f its operation.

9 10 Phase

- In Requirements

. For the purposes of this 1960.1(r) section only, each manufacturer’s PC and LDT fleet shall be defined as the total projected number of low

- emission and ultra

low

- emission PCs and LDTs from 0

- 5750 pounds loaded vehicle weight sold in California. Each manufacturer’s MDV fleet shall be defined as the total projected number of low

emission, ultra

- low

- emission, and super

- ultra

- low

- emission MDVs less than 8501 pounds gross vehicle weight rating sold in California.

a. For the 2001 through 20 14 model years, m M anufacturers 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 fleet, according to the following phase

- in schedule.A

- 14

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Percentage

Model Year PC, LDT MDV

2001 25 NA

2002 50 NA

2003 85 25

2004 100 50

2005 through 20 14 and subsequent 100 100

b. Manufacturers may use an “Alternative or Equivalent Phase

- in Schedule” to comply with the phase

- in requirements. An “Alternative Phase

- in” is one that achieves at least equivalent emission reductions by the end of the last model year of the scheduled phase

in. Model

- year emission reductions shall be calculated by multiplying the percent of vehicles (b ased on the manufacturer’s projected California sales volume of the applicable vehicle fleet) meeting the new requirements per model year by the number of model years implemented prior to and including the last model year of the scheduled phase

- in. The “c umulative total” is the summation of the model

- year emission reductions (e.g., a four model

- year 25/50/85/100 percent phase

- in schedule would be calculated as: (25%*4 years) + (50%*3 years) + (85%*2 years) + (100%*1 year) = 520). 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 shall be considered acceptable by the Executive Officer under the following conditions: 1) all vehicles subje ct to the phase

- in shall comply with the respective requirements 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 mo del

year 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 intro duced 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 begins would be calculated as: (10%*5 years) and added to the cumulative total).

c. Small volume manufa cturers of PCs, LDTs, and MDVs shall certify 100% of their PC and LDT fleet in the 2004 through 2014 and subsequent model years, and 100% of their MDV fleet in the 2005 through 2014 and subsequent model years.
1 0 1 Single

- Roll Electric Dynamometer Requirem ent. 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 Emission Standards and Test Procedures for 1988 Through 2000 and Subseque nt Model Passenger Cars, 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 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), as applicable , must be used for all types of emission testing to determine com pliance with the associated emission standards.

________________________________________________________________
NOTE: Authority cited: Sections 39600, 39601, 43013, 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.A

- 15

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 4

. Amend title 13, CCR, section 1961 to read as follows:

§ 1961. Exhaust Emission Standards and Test Procedures

- 2004 through 201 9 and Subsequent Model Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles.

Introduction. This section 1961 contains the California “LEV II” exhaust emission standards for 2004 through 201 9 and subsequent model passenger cars, light

duty trucks and medium

- duty vehicles. A manufacturer must demonstrate compliance with the exhaust standards in section 1961(a) applicable to specific test groups, and with the composite phase

- in requirements in section 1961(b) applicable to the manufacturer’s entire fleet. Section 1961(b) also includes the manufacturer’s fleet

- wide composite phase

- in requirements for the 2001

- 2003 model years.

* * * *

(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 201 9 and subsequent model

- year “LEV II” LEVs, ULEVs, and SULEVs, including fuel

- flexible, bi

- fuel and dual fuel vehicles when operating on the gaseous or alcohol fuel they are designed to use:

LEV II Exhaust Mass Emission Standards for New 2004 through 201 9 and Subsequent Model LEVs, ULEVs, and SULEVs in the Passenger Car, Light

- Duty Truck and Medium

- Duty 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. GVW R 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 LEV 0.090 4.2 0.07 18 0.01A

- 16

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (Optional) 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. GVW R

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. GVW R

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 0.06

* * * *

(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 mass emission standards shall be based on exhaust emission tests both when the vehicle is operated on the gaseous or alcohol fuel it is designed to use, and when the vehicle is operated on gasoline. A manufacturer must demonstrate compliance with the applicable exhaust mass emission standards for NMOG, CO, NOx

, and formaldehyde set forth in the table in section 1961(a)(1) when certifying the vehicle for operation on the gaseous or alcohol fuel.

The following standards are represent the maximum NMOG emissions when the vehicle is operating on gasoline. A manufacturer shall not apply a reactivity adjustment factor to the exhaust NMOG mass emission result when operatin g on gasoline. A manufacturer may measure NMHC in lieu of NMOG when fuel

flexible, bi

- fuel

, and dual

- fuel vehicles are operated on gasoline, in accordance with the test procedures incorporated by reference in section 1961(d). Testing at 50 o F is not requi red for fuel

- flexible, bi

- fuel

, and dual

- fuel vehicles when operating on gasoline. The applicable CO, NOx

, and formaldehyde standards are set forth in section 1961(a)(1).A

- 17

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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. GVW R LEV 0.125 0.156

ULEV 0.075 0.090

SULEV 0.010 0.040

MDVs, 8501

- 10,000 lbs. GVW R LEV n/a 0.230

ULEV n/a 0.167

SULEV n/a 0.117
MDVs, 10,001

- 14,000 lbs. GVW R LEV n/a 0.280

ULEV n/a 0.195

SULEV n/a 0.143

(4) LEV II 50°F Exhaust Emission Standards. All LEV II light

- and medium

- duty LEVs, ULEVs

, and SULEVs must demonstrate compliance with the following exhaust emission standards for NMOG and formaldehyde (HCHO) measured on the FTP (40 CFR, Part 86, Subpart B) conducted at a nominal test temperature of 50°F, as modified by Part II, Section C of t he “California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 2009 through 2016 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(d). The NMOG mass emission result shall be multiplied by the applicable reactivity adjustment factor, if any, prior to comparing to the applicable adjusted 50,000 mile certification stan dards set forth below. A manufacturer may demonstrate compliance with the NMOG and HCHO certification standards contained in this subparagraph by measuring NMHC exhaust emissions or issuing a statement of compliance for HCHO in accordance with Section D.1

, subparagraph (p) and Section G.3.1.2, respectively, of the “California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 2009 through 2016 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(d). Emissions of CO and NOx measured at 50°F shall not exceed the standards set forth in §1961(a)(1) applicable to vehicles of the s ameA

- 18

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 emission category and vehicle type subject to a cold soak and emission test at 68° to 86°F. Natural 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. GVW R 0.150 0.030 0.080 0.016 0.020 0.008

MDVs 8501

- 10,000 lbs. GVW R 0.390 0.064 0.286 0.032 0.200 0.016

MDVs 10,001

- 14,000 lbs. GVW R 0.460 0.080 0.334 0.042 0.234 0.020

(5) LEV II Cold CO Standard . The following standards are represent the 50,000 mile cold temperature exhaust carbon monoxide emission levels from new 2001 through 201 9 and subsequent model

- year LEV II passenger cars, light

- duty trucks, and medium

- duty vehicles:

2001 THROUGH 201 9 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. GVW R ; LEV I and Tier 1 MDVs 8500 lbs. GVW R and less 12.5

These standards are applicable to vehicles tested at 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 Pollutant Exhaust Emission Standards and Test Procedures and for 2009 through 2016 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light

- Duty Trucks

, and Medium

- Duty Vehicle s” incorporated by reference in section 1961(d). Natural gas, diesel

- fueled

, and zero

- emission vehicles are exempt from these standards.

* * * *A

- 19

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (7) Supplemental Federal Test Procedure (SFTP) Off

- Cycle Emission Standards. The SFTP exhaust emission leve ls from new 2004 through 201 9 and subsequent model LEV II LEVs, ULEVs, and SULEVs shall not exceed the standards set forth in section 1960.1(r).

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

* * * *

(B) Requirement to Generate a Partial ZEV Allowance. A vehicle that is certified to the 150,000 mile SULEV standards shall also generate a partial ZEV allocation according to the criteria set forth in section C.3 of the “California Exhaust Emission Standards and Test Procedures for 2005 through 2008 and Subsequent Model Zero

- Emission Vehicles, and 2001 through 2008 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light

- Duty Truck

, and Medium

- Duty Vehicle Classes,” incorporated by reference in section 1962 , 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 refer ence in section 1962.1, or 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,” incorpora ted by reference in section 1962.2, as applicable

.

* * * *

(14) When a Federally

- Certified Vehicle Model is Required in California.

(A) General Requirement. Whenever a manufacturer federally

- certifies a 2004 through 2014 or subsequent model

- year passenger car, light

- duty truck or medium

- duty vehicle model to the standards for a particular emissions bin that are more stringent than the standards for an applicable California emission category, the equivalent California model may only be certified to (i) the California standards for a vehicle emissions category that are at least as stringent as the standards for the corresponding federal emissions bin, or (ii) the exhaust emission standards to which the federal model is certified. However

, where the federal exhaust emission standards for the particular emissions bin and the California standards for a vehicle emissions category are equally stringent, the California model may only be certified to either the California standards for that vehi cle emissions category or more stringent California standards. The federal emission bins are those contained in Tables S04

- 1 and S04

- 2 of 40 CFR §86.1811

- 04(c) as adopted February 10, 2000. The criteria forA

- 20

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 2009 through 2016 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Li ght

- Duty Trucks

, and Medium

- Duty Vehicles,” as incorporated by reference in section 1961(d).

* * * *

(b) Emission Standards Phase

- In Requirements for Manufacturers.

(1) Fleet Average NMOG Requirements for Passenger Cars and Light

Duty Trucks.

(A) The fleet average non

- methane organic gas exhaust mass emission values from the passenger cars and light

- duty trucks certified to the Tier 1, LEV I

, and LEV II standards that are produced and delivered for sale in California each model year from 2001 through 2014 by a manufacturer other than a small volume manufacturer or an independent low volume manufacturer shall not exceed:A

- 21

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 FLEET AVERAGE NON

- METHANE ORGANIC GAS EXHAUST MASS EMISSION REQUIREMENTS FOR LIGHT

- DUTY VEHICLE WEIGHT CLASSES (50,000 mile Durabili ty 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 + 0.035 0.043

(B) Calculation of Fleet Average NMOG Value.

1. Basic Calculation.

* * * *A

- 22

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 0.06 4 0.06 4

ULEVs 0.03 4 0.03 4

SULEVs 0.0085 0.0085

* * * *

3. Federally

- Certified Vehicles. A vehicle certified to the federal standards for a federal exhaust emissions bin in accordance with Section H.1 of the “California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 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), shall use the corresponding intermed iate useful life NMOG standard to which the vehicle is deemed certified in the fleet average calculation.A

- 23

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (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 manufacturer shall n ot exceed a fleet average NMOG value of 0.075 for PCs and LDTs from 0

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

- 8500 lbs. GVW calculated in accordance with section 1961(b)(1)(B).

* * * *

(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 volume manufacturer shall not exceed a fleet average NMOG value of 0.060 for PCs and LDTs from 0

- 3750 lbs. LVW or 0.065 g/mi for LDTs from 3751 lbs. LVW

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

- in schedule:A

- 24

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Model Year Vehicles Certified to §1960.1(h)(1), (h)(2), and §1961(a)(1) (%) Vehicles Cer tified 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 th rough 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 small 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, including those produc ed by a small volume manufacturer, are subject to the LEV II MDV standards. Beginning in the 2005 model year, all medium

- duty engines certified to the optional medium

- duty engine standards in title 13, CCR §1956.8(c) or (h), including those produced by a small volume manufacturer, must meet the standards set forth in title 13, CCR §1956.8(c) or (h), as applicable. A manufacturer that elects to certify to the Option 1 or Option 2 federal standards as set forth in 40 CFR §86.005

- 10(f) is not subject to the se 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 produced and delivered for sale in California. The percentages shall be applied to the manufacturers’ total production of California

- certified me dium

- duty vehicles delivered for sale in California. For the 2005 through 2014 and subsequent 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

- certified medium

- duty vehicles for purposes of this subsection.

* * * *

(E) For a manufacturer that elects to certify to the optional medium

duty engine standards in title 13, CCR §1956.8(c) or (h), a ll such 2005 through 2014 and subsequent model year MDVs, including those produced by a small volume manufacturer, shall be subject to the emissions averaging provisions applicable to heavy

- duty diesel or Otto

- cycle engines as set forth in theA

- 25

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 “California Exhaust Emission Standards and Test Procedures 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 fleet average NMOG requirement for the corresponding model year shall receive credits in units of g/mi NMOG determined as:

[(Fleet Average NMOG Requirement)

- (Manufacturer’s Fleet Average NMOG Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs).

A manufacturer with 2001 through 2014 and subsequent model year fleet average NMOG values greater than the fleet average requirement for the corresponding model year shall receive debits in units of g/mi NMOG equal to the amount of negative credits determined by the aforementioned equation. For the 2001 through 2014 and subsequent model years, the total g/mi NMOG c redits or debits earned for PCs and LDTs 0

- 3750 lbs. LVW, for LDTs 3751

- 5750 lbs. LVW and for LDTs 3751 lbs. LVW

- 8500 lbs. GVW shall be summed together. The resulting amount shall constitute the g/mi NMOG credits or debits accrued by the manufacturer fo r 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 MDVs in excess of the equivalent requirements for LEVs, ULEVs and/or SULEVs certified to the exhaust emission standards set forth in section 1961(a)(1) or to the exhaust emissio n standards set forth in Title 13, CCR, Section 1956.8(h) shall receive “Vehicle

- Equivalent Credits” (or “VECs”) calculated in accordance with the following equation, where the term “produced” means produced and delivered for sale in California:

* * * *

(3) Procedure for Offsetting Debits.

(A) A manufacturer shall equalize emission debits by earning g/mi NMOG emission credits or VECs in an amount equal to the g/mi NMOG debits or VEDs, or by submitting a commensurate amount of g/mi NMOG credits or VECsA

- 26

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 to the Executive Officer that were earned previously or acquired from another manufacturer. For 2001 through 2003 and for 2007 through 2014 and subsequent model years, manufacturers shall equalize emission debits by the end of the following model year. For 2004 through 2006 model years, a manufacturer shall equalize NMOG debits for PCs and LDTs and LEV II MDVs within three model years and prior to the end of the 2007 model year. If emission debits are not equalized within the specified time period, the man ufacturer shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of passenger cars and light

- duty trucks not meeting the state board’s emission stand ards shall be determined by dividing the total amount of g/mi NMOG emission debits for the model year by the g/mi NMOG fleet average requirement for PCs and LDTs 0

- 3750 lbs. LVW applicable for the model year in which the debits were first incurred and the number of medium

duty vehicles not meeting the state board’s emission standards shall be equal to the amount of VEDs incurred.

* * * *

(d) Test Procedures. The certification requirements and test procedures for determining compliance with the emission standards in this section are set forth in the “California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 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 amended September 27, 2010 [ INSERT DATE OF AMENDMENT ]

, and the “California Non

- Methane Organic Gas Test Procedures,” as amended July 30, 2002 [ INSERT DATE OF AMENDMENT ] , which are incorporated herein by reference. In the case of hybrid electric vehicles and on

- board fuel

- fired heaters, the certification requirem ents and test procedures for determining compliance with the emission standards in this section are set forth in the “California Exhaust Emission Standards and Test Procedures for 2005 through 2008 Model Zero

Emission Vehicles, and 2001 through 2008 Model Hybrid Electric Vehicles, in the Passenger Car, Light

- Duty Truck and Medium

- Duty Vehicle Classes,” incorporated by reference in section 1962

, and the “California Exhaust Emission Standards and Test Procedures for 2009 through 2017 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 1962.1 , and the “California Exhaust Emission Standards and Test Procedures for 2018 and Subsequen t 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

.

* * * *A

- 27

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 N OTE : Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43101, 43104, 43105, and 43106, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, and 43205, Health and Safety Code.A

- 28

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 5

. Amend title 13, CCR, section 1961.1 to read as follows:

§ 1961.1. Greenhouse Gas Exhaust Emission Standards 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 subsequent model year passenger cars, light

- duty trucks, and medium

- duty passenger vehicles shall not exceed the following requirements. Light

- duty trucks from 3751 lbs. LVW

– 8500 lbs. G VW that are certified to the Option 1 LEV II NOx Standard in section 1961(a)(1) are exempt from these greenhouse gas emission requirements, however, passenger cars, light

- duty trucks 0

- 3750 lbs. LVW, and medium

- duty passenger vehicles are not eligible for this exemption.

(1) Fleet Average Greenhouse Gas Requirements for Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Passenger Vehicles.

(A)(i) The fleet average greenhouse gas exhaust mass emission 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:A

- 29

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 FLEET AVERAGE GREENHOUSE GAS EXHAUST MASS EMISSION REQUIREMENTS FOR PASSENGER CAR, LIGHT

- DUTY TRUCK, AND MEDIUM

DUTY 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 with these values in accordance with section 1961.1(a)(1)(B).

1. For each model year, a manufacturer must demonstrate compliance with the fleet average requirements in this 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 medi um

- duty passenger vehicles that are certified to 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 pa ssenger vehicles that are certified to 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 manufacturer that selects compliance Option 2 must notify the Executive Officer 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.A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 b. For the 2011 through 2016 and later model years, a manufacturer that selects compliance Option 2 must notify the Executive Officer of that s election, in writing, prior to the start of 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 California" 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 greenhouse gas emission standards 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 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 manufacturer may elect to demonstrate compliance with this section 1961.1 by demonstrating compliance with the 2012 through 2016 MY National greenhouse gas program as follows: 1. A manufacturer that selects complia nce with this option 1961.1(a)(1)(A)(ii) must notify the Executive Officer 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 the Model Y ear CAFE report that it submitted to EPA as required 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 demo nstrating compliance with the 2012 through 2016 MY National greenhouse gas program and the EPA determination of compliance. These must be submitted within 30 days of receipt of the EPA determination of compliance, for each model year that a manufacturer s elects compliance with this option 1961.1(a)(1)(A)(ii). 3. The manufacturer must provide to the Executive Officer separate values for the number of vehicles produced and delivered for sale in California, the District of Columbia, and each individual 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). andA

- 31

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 3 4

. If a manufacturer has outstanding greenhouse gas debits at the end of the 2011 model year , as calculated in accordance with 1961.1(b), the manufacturer must submit to the Executive Officer a plan for offsetting all outstanding greenhouse gas debits by using greenhouse gas credits earned under the 2012 through 2016 MY National greenhouse gas pr ogram before applying those credits to offset any 2012 through 2016 MY National greenhouse gas program debits. Upon approval of the plan by the Executive Officer, the manufacturer may demonstrate compliance with this section 1961.1 by demonstrating compli ance with the 2012 through 2016 MY National greenhouse gas program. Any California debits not offset by the end of the 2016 model year National greenhouse gas program reporting period are subject to penalties as provided in this Section 1961.1.

* * * *

(C) Requirements for Intermediate Volume Manufacturers.

* * * *

3. In the 2016 and subsequent model year s , an intermediate volume manufacturer shall either:

a. not exceed a fleet average greenhouse gas emissions value of 233 g/mi for PCs and LDT1s and 3 61 g/mi for LDT2s and MDPVs, or b. not exceed a fleet average greenhouse gas value of 0.75 times the baseline fleet average greenhouse gas value for PCs and LDT1s and 0.82 times the baseline fleet average greenhouse gas value for LDT2s and MDPVs, as calcul ated 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 year s , a small volume manufacturer and an independent low volume manufacturer shall either:

a. not exceed the fleet average greenhouse gas emissions value calculated for each GHG vehicle test group for which a comparable vehicle is sold by a large volume manufacturer, in accordance with section 1961.1(a)(1)(D)2; or b. not exceed a fleet average greenhouse gas emissions value of 233 g/mi for PCs and LDT1s and 361 g/mi for LDT2s and MDPVs; orA

- 32

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 c. upon approval of the Executive Officer, if a small volume manufacturer demonstrates a vehicle model uses an engine, transmission , and emission control system that is identical to a configuration certified for sale in California by a large volume manufacturer, those small volume manufacturer vehicle models are exempt from meeting the requirements in paragraphs 3.a. and b. of this se ction.

* * * *

(b) Calculation of Greenhouse Gas Credits/Debits.

(1) Calculation of Greenhouse Gas Credits for Passenger Cars, Light

Duty Trucks, and Medium

- Duty Passenger Vehicles.

* * * *

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

[(Fleet Average Greenhouse Gas Requirement)

- (Manufacturer’s Fleet Average Greenhouse Gas Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs).

(2) A manufacturer with 2009 through 2016 and subsequent model year fleet average Greenhouse Gas values greater than 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 credits determined by the aforementioned equation. For the 2009 through 2016 and subsequent model years, the total g/mi Greenhouse Gas credits or debits earned for PCs and LDT1s and for LDT2s and MDPVs shall be summed together. The resulting amount shall constitute the g/mi Greenhouse Gas credits or debits accrued by the manufacturer for the mo del 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 earned 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 and subsequent model years shall retain full value through the fifth model year after they are earned. The value of any credits earned in the 2000 through 2008 model years that are notA

- 33

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 used to equalize debits accrued in the 2009 through 2012 model ye ars shall be discounted by 50% at the beginning of the 2013 model year, shall be discounted to 25% of its original value if not used by the beginning of the 2014 model year, and will have no value if not used by the beginning of the 2015 model year. Any

c redits earned in the 2009 through 2016 and subsequent model years that are not used by the end of the fifth model year after they are accrued shall be discounted by 50% at the beginning of the sixth model 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 have no value if not used by the beginning of the eighth model year after being earned.

(c) Test Procedures. The certification requirements and te st procedures for determining compliance with the emission standards in this section are set forth in the “California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 2001 2009 through 2016 and Subsequent Mo del 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). In the case of hybrid electric vehicles and on

- board fuel

- fired heaters, the certification requirements and test procedures for determining compliance with the emission standards in this section are set forth in the “California Exhaust Emission Standards and Test Procedures for 2009 through 2017 2005 and Subsequent Model Zero

- Emiss ion Vehicles

, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light

- Duty Truck and Medium

- Duty Vehicle Classes,” incorporated by reference in section 1962 .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 through 2016 model year passenger cars, light

- duty trucks, and medium

- duty passenger vehicles

as proposed by the U.S. Environmental Protection Agency at 74 Fed.Reg. 49454 (September 28, 2009) and adopted by the U.S. Environmental Protection Agency at EPA on April 1, 2010, 75 Fed.Reg. 25324 [insert page]

, (May 7, 2010) April [inse rt date], 2010 , as incorporated in and amended by 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 T est Procedures for Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles.”A

- 34

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 * * * *

(9) “Optional GHG Test Vehicle Configuration” means any GHG vehicle configuration that is selected for testing by the manufacturer as allowed by section G.2.3 of the “California 2001 through 2014 Model Criteria Pollutant Exhaust Emission Standards and Test Pro cedures 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,” other than the worst

- case configuration.

* * * *

N OTE : Authority cited: Sections 39500, 39600, 39601, 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, a nd 43211, Health and Safety Code.A

- 35

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 6

. Ad opt new title 13, CCR, section 1961.2 to read as follows: (Note: the entire text of section 1961. 2 set forth below is new language proposed to be added to the California Code of Regulations.)

§ 1961.2. Exhaust Emi ssion Standards and Test Procedures

- 201 5 and Subsequent Model Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles.

Introduction. This section 1961.2 contains the California “LEV III” exhaust emission standards for 2015 and subsequent model year passenger cars, light

duty trucks, and medium

- duty vehicles. A manufacturer must demonstrate compliance with the exhaust standards in subsection (a) applicable to specific test groups, and with the composite phase

- in requirements in subsection (b)
ap plicable to the manufacturer’s entire fleet.

Before the 2015 model year, a manufacturer that produces vehicles that meet the standards in subsection (a) has the option of certifying the vehicles to those standards, in which case the vehicles will be trea ted as LEV III vehicles for purposes of the fleet

- wide phase

- in requirements. Similarly, 2015

- 2019 model

year vehicles may be certified to the “LEV II” exhaust emission standards in subsection 1961(a)(1), in which case the vehicles will be treated as LE V II vehicles for purposes of the fleet

- wide phase

- in requirements.

A manufacturer has the option of certifying engines used in incomplete and diesel medium

- duty vehicles with a gross vehicle weight rating of greater than 10,000 lbs. GVW to the heavy

- dut y 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 vehicles 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.

(a) Exhaust Emission Standards.

(1) “LEV III” Exhaust Standards . The following standards are th e maximum exhaust emissions for the full useful life from new 2015 and subsequent model year “LEV III” passenger cars, light

- duty trucks, and medium

duty vehicles, including fuel

- flexible, bi

- fuel and dual fuel vehicles when operating on the gaseous or alc ohol fuel they are designed to use:A

- 36

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 LEV III Exhaust Mass Emission Standards for New 2015 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 standards set forth in subsection (a)(2).
2 The numeric portion of the category name is the NMOG+NOx value in thousandths of grams per mile.

(2) Particulate Sta ndards.

(A) Particulate Standards for Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Passenger Vehicles. Beginning in the 2017 model year, a manufacturer, except a small volume manufacturer, shall certify a percentage of its passenger car, light

- duty truck, and medium

- duty vehicle fleet to the following particulate standards according to the following phase

- in schedule. These standards are the maximum particulate emissions allowed at full useful life. All vehicles certifying to these particulate sta ndards must certify to the LEV III exhaust emission standards set forth in subsection (a)(1).A

- 37

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 Other than Medium

- Duty Passenger Vehicles

. Beginning in the 2017 model year, a manufacturer, except a small volume manufacturer, shall certify a percentage of its medium

- duty vehicle fleet to the following particulate st andards according to the following phase

- in schedule. These standards are the maximum particulate emissions allowed at full useful life. All vehicles certifying to these particulate standards must certify to the LEV III exhaust emission standards set for th in subsection (a)(1). This subsection (a)(2)(B) shall not apply to medium

- duty passenger vehicles.A

- 38

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 LEV III Particulate Emission Standard Values and Phase

- in for

Medium

- Duty Vehicles Other than Medium

- Duty Passenger Vehicles

Vehicle Type Model Year % of vehicles certified to a 8 mg/mi standard % of vehicles certified to a

10 mg/mi standard MDVs 8501

- 10,000 lbs. GVWR, excluding MDPVs

Vehicles in this category are tested at their adjusted loaded vehicle weight 2017 10 n/a 2018 20 n/a 2019 40 n/a 2020 70 n/a

2021 and subsequent 100 n/a

MDVs 10,001

- 14,000 lbs. GVWR

Vehicles in this category are tested at their adjusted loaded vehicle weight 2017 n/a 10 2018 n/a 20 2019 n/a 40 2020 n/a 70
2021 and subsequent n/a 100

(C) Particulate Standards for Small Volume Manufacturers. In the 2021 through 2027 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 3 mg/mi particulate st andard. 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 ye ars, a small volume manufacturer shall certify 100 percent of its medium

- duty vehicles 8501

- 10,000 lbs. GVWR, excluding MDPVs, to the 8 mg/mi particulate standard. In the 2021 and subsequent model years, a small volume manufacturer shall certify 100 per cent of its medium

- duty vehicles 10,001

- 14,000 lbs. GVWR to the 10 mg/mi particulate standard. These standards a re the maximum particulate emissions allowed at full useful life. All vehicles certifying to these particulate standards must certify to the LEV III exhaust emission standards set forth in subsection (a)(1)

. (3) NMOG+NOx Standards for Bi

- Fuel, Fuel

- Flexible, and Dual

- Fuel Vehicles . For fuel

- flexible, bi

- fuel, and dual

- fuel PCs, LDTs and MDVs, compliance with the NMOG+NOx exhaust mass emission standards must be based on exhaust emission tests both when the vehicle is operated on the gaseous or alcohol fuel it is designed to use, and when the vehicle is operated on gasoline. A manufacturer must demonstrate compliance with the applicable exhaust mass emission standards for NMOG+NOx, CO, and formaldehyde setA

- 39

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 forth in the table in subsection (a)(1) when certifying 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 when fuel

- flexible, bi

- fuel and dual

- fuel vehicles are operated on gasoline, in accordance with 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.” Testing 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 n atural gas and diesel

- fueled vehicles

, must demonstrate compliance with the following exhaust emission standards for NMOG+NO x and formaldehyde (HCHO) measured on the FTP (40 CFR, Part 86, Subpart B) conducted at a nominal test temperature of 50°F, as modified by Part II, Section C of the “California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Te st Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles.” A manufacturer may demonstrate compliance with the NMOG+NOx and HCHO certification standards contained in this subparagraph by measuring NMHC exhaust emissions or issuing a statement of compliance for HCHO in accordance with Section D.1, subparagraph (p) and Section G.3.1.2, respectively, of the “California 2015 and Subsequent Model Crit eria 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.” Emissions of CO measured at 50° F s hall not exceed the standards set forth in subsection (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.A

- 40

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (A) Standards for Passenger Cars, Light

- Duty Trucks, and Medium

Duty Passenger Vehicles Certified to the LEV III Standards

.

50 o F Exhaust Emission Standards for LEV III Passenger

Cars, Light

- Duty Trucks, and Medium

- Duty Passenger Vehicles Vehicle Emission Ca tegory 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 0.008A

- 41

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (B) Standards for Medium

- Duty Vehicles (Excluding MDPVs) Certified to the LEV III Standards.

50 o F Exhaust Emission Standards for LEV III Medium

- Duty 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 levels from new 2015 and subsequent model

- year passenger cars, light

- duty trucks, and medium

- duty passenger vehicles:A

- 42

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 appl y to vehicles tested at a nominal temperature of 20 o F (

- 7 o C) in accordance with 40 CFR Part 86 Subpart C, as amended by 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.” Natural gas, diesel

- fueled and zero

emission vehicles are exempt from these standards.

(6) Highway NMOG + NOx Standard. The maximum emissions of non

methane organic gas plus oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR 600 Subpart B, as modified by the “California 2015 and Subsequent Model Criteria P ollutant 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,” must not be greater than the applicable LE V III NMOG+NOx standard set forth in subsection (a)(1) . Both the sum of the NMOG+NOx emissions and the HWFET standard must be rounded in accordance with ASTM E29

- 67 to the nearest 0.01 g/mi before being compared.

(7) Supplemental Federal Test Procedure (SFTP) Off

- Cycle 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 model year LEVs, ULEVs, and SULEVs in th e PC, LDT, and MDPV classes to either the 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

. The manufacturer shall notify the Executive Officer of its selected emission standard type in the Application for Certification of the first test groupA

- 43

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 certifying to SFTP NMOG+NOx and CO emission standards on a 150,000 mil e durability basis. Once an emission standard type for NMOG+NOx and CO is selected for a fleet, and the Executive Officer is notified of such selection, the selection must be kept through the 2025 model year for the entire fleet, which includes LEV II veh icles 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 standards 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 NMOG+NOx and CO exhaust emission s through full useful life from 2015 and subsequent model

- year LEV III LEVs, ULEVs, and SULEVs when operating on any gaseous or liquid fuel they use for FTP certification.

SFTP NMOG+NOx and CO Stand

- Alone Exhaust Emission Standards for 2015 and Subsequent Model LEV III Passenger Cars, Light

- 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)
NMHC + NOx CO NMHC + NOx CO

All PCs; LDTs 0

- 8,500 lbs. GVWR; and MDPVs

Vehicles in th e s e categor ies 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 are certifying to a LEV III FTP emission category on a 150,000

- mile durability basis, 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 to 150,000

- mile FTP emission standards shall comply with the SFTP LEV emission standards in this table, all LEV III ULEVs certified to 150,000

- mile FTP emission standards shall comply with the SFTP ULEV emission standards in this table, and all LEV III SULEVs certified to 150,000

- mile FTP emission standards shall comply with the SFTP SULEV emission standards in this table.

2 Optional SFTP SULEV Standards. A manufacturer may certify light

- duty truck test groups 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 part iculate filter and the manufacturer extends the particulate filter emission warranty mileage to 200,000 miles. Passenger cars and light

- duty trucks 0

- 6,000 lbs. GVWR are not eligible for this option

.A

- 44

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 2. SFTP NMOG+NOx and CO Composite Exhaust Emission Sta ndards . For the 2015 and subsequent model years, a manufacturer selecting this option must certify LEV II and LEV III LEVs, ULEVs, and SULEVs, such that the manufacturer’s sales

- weighted fleet

- average NMOG+NOx composite emission value, does not exceed the applicable NMOG+NOx composite emission standard set forth in the following table. In addition, the CO composite emission value of any LEV III test group shall not exceed the CO composite emission standard set forth in the following table. SFTP complianc e shall be demonstrated using the same gaseous or liquid fuel used for FTP certification.

For each test group subject to this subsection, manufacturers shall calculate a Composite Emission Value for NMOG+NOx and, for LEV III test groups, a separate Comp osite Emission Value for CO, using the following equation:

Composite Emission Value = 0.28 x US06 + 0.37 x SC03 + 0.35 x FTP [Eq. 1]

where “US06” = the test group’s NMOG+NOx or CO emission value, as applicable, determined through the US06 test; “SC03” = the test group’s NMOG+NOx or CO emission value, as applicable, determined through the SC03 test; and “FTP” = the test group’s NMOG+NOx or CO emission value, as applicable, determined through the FTP test.

If no vehicles in a test group have air conditioning units, the FTP cycle emission value can be used in place of the SC03 cycle emission value in Equation 1. To determine compliance with the SFTP NMOG+NOx composite emission standard applicable to the model year, manufacturers shall use a sales

- weighted fleet average of the NMOG+NOx composite emission values of every applicable test group. The sales

- weighted fleet average shall be calculated using a combination of carry

- over and new certification SFTP composite emission values (converted to NMOG +NOx, as applicable). LEV II test groups will use their emission values in the fleet average calculation but will not be considered LEV III test groups. Compliance with the CO composite emission standard cannot be demonstrated through fleet averaging. T he NMOG+NOx sales

- weighted fleet

- average composite emission value for the fleet and the CO composite emission value for each test group shall not exceed:A

- 45

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 SFTP NMOG+NOx and CO Composite Emission Standards for 2015 and Subsequent Model Passenger Cars, Li ght

- 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 Exhaust 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 accordance with the “California 2015 and Subsequent Model Criteria Pollutant Exh aust 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.”
2 Determining NMOG+NOx Composite Emission Values of L EV II Test Groups. For carry

- over test

groups certified to LEV II FTP emission standards, SFTP emission values shall be converted to NMOG+NOx and projected out to 120,000 miles or 150,000 miles., 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 fleet

- average calculation.
3 MDPVs are exclu ded from SFTP NMOG+NOx and CO emission 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 group s shall certify to bins in increments of 0.010 g/mi. Beginning with the 20 18 model

year, v ehicles may not certify to bin values above a maximum 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, LDT, and, if applicable, MDPV certification

bins, in a given model year including carry

- over certification 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 nume rical value selected by the manufacturer for the certification bin that serves as the emission standard for the vehicles in the test group with respect to all testing for test groups certifying to SFTP on a 150,000

- mile durability basis, and the SFTP carry

- over composite emission value, as described in footnote 7 of this table, for carry

- over LEV II test groups. [Eq. 2]A

- 46

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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)

– (Manufacturer’s Sales

- Weighted Fleet

Average 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 the given model year. Total NMOG+NOx credits earned in a given mode l year retain full value through the fifth model year after they are earned. At the beginning of the sixth model year, the total NMOG+NOx credits have no value. A manufacturer may trade credits with other manufacturers

A manufacturer shall equalize tot al NMOG+NOx debits within three model years after they have been incurred by earning NMOG+NOx credits in an amount equal to the total NMOG+NOx debits. If total NMOG+NOx debits are not equalized within the three model

- year period, the manufacturer is subje ct to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when t he 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 emission standards is determined by dividing the NMOG+NOx de bits for the model year by the NMOG+NOx composite emission standard in effect during the model year in which the debits were incurred.

7 Calculating the CO composite emission value. Composite emission values for CO shall be

calculated in accordance with Equation 1 above

. Unlike the NMOG+NOx composite emission standards, manufacturers would not be able to meet the proposed CO composite emission standard through fleet averaging : e ach individual test group must comply with the standard. Test groups certifi ed to 4,000

- mile SFTP emission standards are not subject to this CO emission standard.

(B) SFTP PM Exhaust Emission Standards for Passenger Cars, Light

Duty Trucks, and Medium

- Duty Passenger Vehicles. The following standards

are the maximum PM exhaust emissions through the full useful life from 2017 and subsequent model

- year LEV III LEVs, ULEVs, and SULEVs in the PC, LDT, and MDPV classes when operating on any gaseous or liquid fuel they use for FTP certification. M anufacturers must certify LEVs, ULEVs, and SULEVs in the PC, LDT, and MDPV classes, which are certifying to LEV III FTP PM emission standards in subsection (a)(2) on a 150,000

- mile durability basis, to the SFTP PM Exhaust Emission Standards set forth in this subsection (a)(7)(B).

SFTP PM Exhaust Emission Standards for 2017 and Subsequent Model LEV III Passenger Cars, Light

- Duty Trucks, and 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 10.0

LDTs 6,001

- 8,500 lbs GVWR; MDPVs Loaded vehicle weight 150,000 US06 20.0A

- 47

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 with the SFTP PM Exhaust Emission Standards in this table.
(C) SFTP II 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 life of 2016 and subsequent model

- year medium

- duty LEV III ULEVs and SULEVs from 8,501 through 14,000 pounds GVWR when operating on any gaseous or liquid fuel they use for FTP certification. The following composite emission standards do not apply to MDPV s subject to the emission standards presented in subsections (a)(7)(A) and (a)(7)(B).

SFTP NMOG+NOx and CO Composite Exhaust Emission Standards for 2016 and Subsequent Model ULEVs and SULEVs in the Medium

- Duty Vehicle Class

Vehicle Type Mileage for Compliance HP/GVWR 2 TestCycle 3,4 Vehicle Emission Category 5 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 UC (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 shall be used in place of results from the US06
test. 2 Power to Weig ht Ratio. If all vehicles in a test group have a power to weight ratio at or below a

threshold of 0.024, they may opt to run the US06 Bag 2 in lieu of the full US06 cycle. The cutoff is determined by using a ratio of the engine’s horsepower to the vehicl e’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 calculated ratio; in such case, man ufacturers shall meet the emission 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 vehicle weight (average of curb weight and GVWR).
4 Road Speed Fan. Manufacturers have the option to use a road speed modulated fan as specified in

§ 86.107

– 96(d)(1) instead of a fixed speed fan for MDV SFTP testing.
5 Vehicle Emission Categories. For MDVs 8,501

- 10,000 lbs. GVWR, for each model year, the

percentage of M DVs 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 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 greater 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 ce rtified to the FTP ULEV400, ULEV270, SULEV230, and SULEV200 emission categories; of these vehicles, the percentage of MDVs certified to an SFTP SULEV emission category shall be equal to or greater than the total percentage certified to both the FTP SULEV23 0 and SULEV200 emission categories.A

- 48

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (D) SFTP PM Exhaust Emission Standards for Medium

- Duty Vehicles. The following standards a re the maximum PM composite emission values for the full useful life of 2017 and subsequent model

- year LEV III LEVs, ULEVs, and SULEVs when operating on any gaseous or liquid fuel they use for FTP certification. The following composite emission standards do not apply to MDPVs subject to the emission standards set forth in subsections (a)(7)(A) and (a)(7)(B).

SFTP PM Exhaust E mission Standards for 2017 and Subsequent Model Medium

Duty 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

>0.024 US06 10.0

MDVs 10,001

- 14,000 lbs GVWR Adjusted loaded vehicle weight 150,000 n/a UC (LA92) 7.0

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 weight ratio at or below a threshold of 0.024, they may opt to run the US06 Bag 2 in lieu of the full U S06 cycle. The cutoff is determined by using a ratio of the engine’s horsepower 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. Manufac turers may opt to test to the full cycle regardless of the calculated ratio; in such case, manufacturers shall meet the emission standards applicable to vehicles with
power

- to

- weight ratios greater than 0.024.
3 Road Speed Fan. Manufacturers have the opti on to use a road speed modulated fan as specified in § 86.107

– 96(d)(1) instead of a fixed speed fan for MDV SFTP testing.
4 Manufacturers shall use Equation 1 above to calculate SFTP Composite PM Emission Values for each test group subject to the emission standards in 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 US06 test. For MDVs 10,001

- 14,000 lbs. GVWR, the emis sion 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 Standards. 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. 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 standards shall apply.A

- 49

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 0.100

ULEV50 150,000 0.070

SULEV30 150,000 0.040 1

SULEV20 150,000 0.030 1

1 not applicable to test groups that receive PZEV credits

2. NMOG+NOx Interim In

- Use Compliance Standards for Medium

- Duty Vehicles, Excluding Medium

- Duty Passenger Vehicles. For the 2015 through 2020 model years, these standards shall 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 0.300A

- 50

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (B) LEV III Particulate Interim In

- Use Compliance Standards. 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 Standards 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 particulate standard is 6 mg/mi. For the 2025 through 2028 model years, the interim in

- use compliance sta ndard for vehicles certifying to the 1 mg/mi particulate standard is 2 mg/mi.

2. LEV III Particulate Interim In

- Use Compliance Standards for Medium

- Duty Vehicles, excluding Medium

- Duty Passenger Vehicles. For the 2017 through 2020 model years, the interi m in

- use compliance standard for vehicles certifying to the 8 mg/mi particulate standard 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 C ompliance Standards.

1. Test groups certified prior to the 2020 model year 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

- duty passenger vehicle test groups certifying to the standards in subsection (a)(7)(A)1, in

- use compliance emission standards for NMOG+NOx shall be 1.4 times the applicable certification standard.

b. For light

- duty vehicle test groups and medium

- duty passenger vehicle test groups certifying to the standards in subsection (a)(7)(A)2, in

- use compliance emission standards for NMOG+NOx shall be 1.4 times the Composite Value of the bin to which a test group is certi fied.

c. For medium

- duty vehicle tests groups certifying to the standards in subsection (a)(7)(C), in

- use compliance emission standards for NMOG+NOx shall be 1.4 times the applicable certification standard.

2. Test groups certified prior to the 2020 mode l year will be allowed an in

- use compliance standard for PM for the first five model years that they are certified to the SFTP PM standard

.

a. For light

- duty vehicle test groups and medium

- duty passenger vehicle test groups certifying to SFTP PM exhaust e missionA

- 51

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 standards in subsection (a)(7)(B), in

- use compliance emission standards for PM shall be 5.0 mg/mi higher than the applicable certification standard.

b. For medium

- duty vehicle test groups certifying to SFTP PM Exhaust Emission Standards in subsect ion (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 Average Credit. For a vehicle that is certified to the LEV III standar ds in subsection (a)(1), which does not 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 through 2017 Model Zero

- Emission Vehicles and Hybrid Ele ctric Vehicles, in the Passenger Car, Light

- Duty 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 C ar, 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 ext ends 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 certifies to the LEV III SULEV30 or the LEV III SULEV20 standards shall also generate a partial ZEV allocation according to the criteria set forth in section C.3 of the “California Exhaust Emissi on 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

. ”

(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 credits that can be applied to the NMOG exhaust emissions of the vehicle when determining compliance with the standard. In order t o receive credit, the manufacturer must submit the following information for each vehicle model for which it gets credit , including, but not limited to:

(A) a demonstration of the airflow rate through the direct ozone reduction device and the ozone

- reduci ng efficiency of the device over the range of speeds encountered in the Unified Cycle Driving Schedule;

(B) an evaluation of the durability of the device for the full useful life of the vehicle; andA

- 52

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (C) a description of the on

- board diagnostic strategy for monitoring the performance of the device in

- use.

Using the above information, the Executive Officer shall determine the value of the NMOG credit based on the calculated change in the one

- hour peak ozone level using an approved airshed model.

(12) Wh en a Federally

- Certified Vehicle Model is Required in California.

(A) General Requirement. Whenever a manufacturer federally

certifies a 2015 or subsequent model

- year passenger car, light

- duty truck, or medium

- duty vehicle model to the standards for a particular emissions bin that are more stringent than the standards for an applicable Califor nia emission category, the equivalent California model may only be certified to (i) the California standards for a vehicle emissions category that are at least as stringent as the standards for the corresponding federal emissions bin, or (ii) the exhaust e mission standards to which the federal model is certified. However, where the federal exhaust emission standards for the particular emissions bin and the California standards for a vehicle emissions category are equally stringent, the California model may only be certified to either the California standards for that vehicle emissions category or more stringent California standards. The federal emission bins are those contained in Tables S04

- 1 and S04

- 2 of 40 CFR §86.1811

- 04(c) as adopted February 10, 2000 . The criteria for applying this requirement are set forth in Part I. Section H.1 of the “California 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.”

(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 are subject to clean fuel fleet requirements established pursuant to section 246 of the federal Clean Air Act (42 U.S.C. sec. 7586). In addition, the Executive Officer shall exclude from the requirement a federally

- ce rtified vehicle model where the manufacturer demonstrates to the Executive Officer’s reasonable satisfaction that the model will primarily be sold or leased to clean fuel fleet operators for such applications, and that other sales or leases of the model wi ll 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

- fired heater on any passenger car, light

- duty truck or medium

- duty vehicle, the fuel

- fired heater must meet ULEV125 standards for passenger cars and light

- duty trucks less than 8,500 pounds GVWR as set forth in subsection 1961(a)(1 ). The exhaust emissions from the fuel

- fired heater shall be determined in accordance with the ““Califor nia Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero

-A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light

- Duty Truck and Medium

- Duty Vehicle Classes” or the “California Exhaust Emission Standards and Te st 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. If the on

- board fuel

- fired heater is capable of operating at ambient t emperatures 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, Subpart B), as amended by the “ California 2015 and Subsequent Model Criteria Pollutant Exhaust Emis sion 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” to determine 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 Vehicles.

(A) The fleet average non

- methane organic gas plus oxides of nitrogen exhaust mass emission values from the passenger cars, light

- duty trucks, and medium

- duty passenger vehicles that are produced and delivered for sale in California each model year by a manufacturer other than a small volume manufacturer s hall not exceed:A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 FLEET AVERAGE NON

- METHANE ORGANIC GAS PLUS OXIDES OF NITROGEN EXHAUST MASS EMISSION REQUIREMENTS FOR PASSENGER CARS, LIGHT

- DUTY TRUCKS, AND MEDIUM

DUTY 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 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. Pooling Provision

.

a. For each model year, a manufacturer must demonstrate compliance with the fleet average requirements in this subsection (b)(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 to the California exhaust emission standards in subsection (a) and subsection 1961(a)(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 to the California exhaust emission standards in sub section (a) and subsection 1961(a)(1), and are produced and delivered for sale in California, the District of Columbia, and all states that have adopted California's criteria pollutant emission standards set forth in this sectionA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1961.2 for that model year pursuant to section 177 of the federal Clean Air Act (42 U.S.C. § 7507).

b. 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 Option 1.

c. When a manufacturer is demonstrating compliance using Option 2 for a given model year, the term "in California" as used in this section 1961.2 means California, the District of Columbia, and all states 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 Air Act (42 U.S.C. § 7507).

d. A manufacturer that selects compliance Option 2 must provide to the Executive Officer separate v alues for the number of vehicles 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 car and light

- duty truck fleet that certifies to SULEV30 and SULEV20 standards. This minimum percentage must be equal to the average percentage of PZEVs produce d and deliver for sale in California for that manufacturer based for the 2015 through 2017 model year. For the 2018 model year, a manufacturer may calculate this average percentage using the projected sales for the 2017 model year in lieu of actual sales.

(B) Calculation of Flee t Average NMOG + NOx Value.

1. Basic Calculation.

a. Each manufacturer’s PC and LDT1 fleet average NMOG + NOx value for the total number of PCs and LDT1s produced and delivered for sale in California shall be calculated as follows:



### (Σ [Number of vehicles in a test group x applicable emission standard] + 

### Σ [Number of off

- vehicle charge capable hybrid electric vehicles in a test group x HEV NMOG+NOx contribution factor]) ÷ Total Number of PCs plus LDT1s Produced and Delivered for sale in California, Including ZEVs and HEVsA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 b. Each manufacturer’s LDT2 and MDPV fleet average NMOG+NOx value for the total number of LDT2s and MDPVs produced and delivered for sale in California shall be calculated as follows:

( Σ [Number of vehicles in a test g roup x applicable emission standard] +
Σ [Number of hybrid electric vehicles in a test group x HEV NMOG factor]) ÷

Total Number of LDT2s plus MDPVs Produced and Delivered for sale in California, Including ZEVs and HEVs

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

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 subsequent (AB 965 vehicles only) 2 All Sum of the NMOG and NOx Federal Emission Standards to which Vehicle is Certified Sum of the 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

LEV395s n/a 0.395

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 extended 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 “AB 965 vehicles” are those certified i n accordance with the “Guidelines for Certification of 2003 and Subsequent Model

- Year Federally Certified Light

- Duty Motor Vehicles for Sale in California,” incorporated by reference in section 2062.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 2. NMOG+NOx Contribution Factor for Off

- vehicle Charge Capable HEVs. The HEV NMOG+NOx contribution factor for light

- duty off

vehicle charge capable hybrid electric vehicles is calculated as follows:

LEV160 HEV Contribution Factor = 0.160

- [(Zero

- emission VMT Allow ance ) x 0.035] ULEV125 HEV Contribution Factor = 0.125

- [(Zero

- emission VMT Allowance ) x 0.055] ULEV70 HEV Contribution Factor = 0.070

- [(Zero

- emission VMT Allowance ) x 0.020] ULEV50 HEV Contribution Factor = 0.050

- [(Zero

- emission VMT Allowance ) x 0.02 0] SULEV30 HEV Contribution Factor = 0.030

- [(Zero

- emission VMT Allowance ) x 0.010] SULEV20 HEV Contribution Factor = 0.020

- [(Zero

- emission VMT Allowance ) x 0.020]

where the Zero

- emission VMT Allowance for off

- vehicle charge capable HEVs is determined in accordance with section C.3 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 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 Vehicl e Classes,” as applicable. This subsection (b)(1)(B)2 shall only apply to off

- vehicle charge capable HEVs certified to the LEV III standards set forth in subsection (a)(1).

3. Federally

- Certified Vehicles. A vehicle certified to the federal standards fo r a federal exhaust emissions bin in accordance with section H.1 of 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” shall use the sum of the corresponding LEV II NMOG and NOx emission category value set forth in subsection (b)(1)(B)1.c for the fleet average calculation. If a vehicle is certifi ed to 150,000 mile standards for a federal exhaust emission bin and the corresponding California NMOG+NOx emission category is a LEV III category, it may use the emission standard value for that LEV III category as set forth in subsection (b)(1)(B)1.c.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (C) Phase

- In Requirements for Small Volume Manufacturers

.

1. In the 2015 through 2019 model years, a small volume 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 subsection (b)(1)(B). In 2020 through 2024 model years, a small volume manufacturer 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 3751 lbs. LVW

- 8,500 lbs. GVW and MDPVs calculated in accordance with subsection (b)(1)(B). In 2025 and subsequent model years, a small volume manufacturer shall not exceed a fleet average NMOG+NOx value of 0.070 g/mi for PCs and LDTs from 0

- 3750 l bs. LVW or 0.070 g/mi for LDTs from 3751 lbs. LVW

- 8,500 lbs. GVW and MDPVs calculated in accordance with subsection (b)(1)(B).

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

- duty vehicles, and heavy

- duty engines based on the average number of vehicles sold for the three previous consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer. If this is the first time the manufacturer exceeds the 4500 unit sales limit, the manufacturer must comply with the fleet average requirements applicable to a large volume manufacturer, as specified in subsection (b)(1)(A) beginning with the fourth model 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 year lead time period shall be calculated based on the first model year in which the manufacturer again

e xceeds the 4500 unit sales limit. Except as noted above

– i.e. , if this is not the first time the manufacturer has exceeded the 4500 unit sales limit

– the manufacturer shall comply with the fleet average requirements applicable to larger manufacturers as specified in subsection (b)(1)(A) beginning with the following model year after the last of the three consecutive model years.

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

(D) Treatment of ZEVs. ZEVs classified as LDTs (>3750 lbs. LVW) that have been counted toward the ZEV requirement for PCs and LDTs (0

- 3750 lbs. LVW) as specified in sections 1962 and 1962.1 shall be included as LDT1s in the calculation of a fleet average NMOG value.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (2) LEV III Phase

- In Requirement for Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Passenger Vehicles . Beginning in the 2015 model year, the LEV II SULEV emission standards set forth in section 1961(a)(1) that are applicable to PCs, LDTs , and MDPVs shall only apply to those PCs, LDT1s, LDT2s, and MDPVs that receive partial ZEV allowances in accordance with 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” or the “California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero

- Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Lig ht

- Duty Truck and Medium

- Duty Vehicle Classes,” as applicable. A manufacturer shall certify 100 percent of its PC, LDT, and MDPV fleet to the LEV III standards in subsection (a)(1) in 2020 and subsequent model
years.

(3) LEV III Phase

- In Requirements for Medium

- Duty Vehicles, Other than Medium

- Duty Passenger Vehicles

.
(A) A manufacturer of MDVs, other than a small volume manufacturer, shall certify at least the following percentage of 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 manufacturer shall certify, produce,A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 and deliver for sale in California vehicles or engines certified to the MDV LEV II LEV standards or to the LEV III LEV395 or LEV III LEV630 standards, as applicable, in a quantity equivalent to 100% of its MDV fleet. I n 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 ULEV570 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 these MDV standards are not eligible for emissions averaging.

(C) Identifying a Manufacturer's MDV Fleet . Each manufacturer’s MDV fleet shall be defined a s the total number of California

- certified MDVs produced and delivered for sale in California. The percentages shall be applied to the manufacturers’ total production of California

- certified medium

- duty vehicles delivered for sale in California. A manufac turer that elects to certify to the optional medium

- duty engine standards in subsections 1956.8(c) or (h) shall not count those engines in the manufacturer’s total production of California

- certified medium

- duty vehicles for purposes of this subsection.

(D) For a manufacturer that elects to certify to the optional medium

duty engine standards in title 13, CCR subsections 1956.8(c) or (h), all such MDVs, including those produced by a small volume manufacturer, shall be subject to the emissions averaging pr ovisions applicable to heavy

- duty diesel or Otto

- cycle engines as set forth in the “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy

- Duty Otto

- Cycle Engines,” or the “California Exhaust Emission Standards and Te st Procedures for 2004 and Subsequent Model Heavy

- Duty Diesel Engines, incorporated by reference in subsections 1956.8(b) or (d), as applicable.

(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 basis shall also certify to SFTP requirements on a 150,000

- mile durability basis.

Manufacturers shall have two options for phase in to the SFTP NMOG+NOx and CO emission standards.

1. Under Option 1, beginning with the 2015 model year, 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 theA

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 vehicles are a lso certifying to a LEV III FTP emission category at 150,000

- mile durability.

2. Under Option 2, for 2015 and subsequent model years, a manufacturer shall certify its fleet of PCs, LDTs, and MDPVs such that the manufacturer’s sales

- weighted fleet

- avera ge NMOG+NOx composite emission value does not exceed the composite emission standard in effect for that model year. During the 150,000

- mile durability phase

- in, the sales

weighted 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 values to NMOG+NOx and may use the applicable deterioration factor from the FTP cycle in lieu of deriving a deterioration factor specific to SFTP test cyc les. Any vehicle certified to SFTP requirements on a 150,000

- mile durability basis shall be subject to the applicable emission standards for the full useful life of that vehicle. Compliance with the CO composite emission standard cannot be demonstrated t hrough fleet averaging.

Beginning with the 2017 model year, a manufacturer shall certify its PCs, LDTs, and MDPVs certifying to LEV III FTP PM emission standards on a 150,000

- mile durability basis to the SFTP PM emission standards in subsection (a)(7)( B)

. (B) Phase

- In Requirements for M edium

- D uty V ehicle Manufacturers. Phase

- in for NMOG+NOx and CO emission standards begins with the 2016 model year. For MDVs 8,501

- 10,000 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 ULEV250, ULEV200, SULEV170, and SULEV150 emission categories ; of these vehicles, the percentage of MDVs certified to an SFTP SULEV emissi on category shall be equal to or greater 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 se t 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 these vehicles, the percentage of MDVs certified to an SFTP SULEV emission category shall be equal to or greater than the total percentage certified to both the FTP SULEV230 and SULEV200 emission categories.

In addition, 2017 and subsequent model MDVs certifying to LEV I II FTP PM emission standards on a 150,000

- mile durability basis must also certify to the SFTP emission standards set forth in subsection (a)(7)(D).

(C) Identifying a Manufacturer's M edium

- D uty V ehicle Fleet. For the 2016 and subsequent model years, each manufacturer's MDV fleet shall be defined as the total number of California

- certified MDVs, other than MDPVs,A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 produced and delivered for sale in California. For 2016 and subsequent model years, a manufacture r that elects to certify engines 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 California

- certified medium

- duty vehicles for purposes of this su bparagraph.

(c) Calculation of NMOG + NOx Credits/Debits

(1) Calculation of NMOG +NOx Credits and Debits for Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Passenger Vehicles

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

[(Fleet Average NMOG+NOx Requirement)

- (Manufacturer’s Fleet Average NMOG+NOx Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs).

(B) In 2015 and subsequent model years, a manufacturer that achieves fleet average NMOG+NOx values lower than the fleet average NMOG+NOx requirement for the corresponding model year 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 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. GVWR shall be summed together. The resulting amount shall constitute th e g/mi NMOG +NOx credits or debits accrued by the manufacturer for the model year.

(2) Calculation of Vehicle

- Equivalent NMOG + NOx Credits for Medium

- Duty Vehicles Other than MDPVs

.
(A) In 2015 and subsequent model years, a manufacturer 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”) calcul ated in accordance with the following equation, where the term “produced” means produced and delivered for sale in California:

{[(1.2) x (No. of ULEV340s and ULEV570s Produced excluding HEVs) + (No. of ULEV340 HEVs x HEV VEC factor for ULEV340s) + (No. of ULEV570 HEVs x HEV VEC factor for ULEV570s)]

– (Equivalent No. of ULEV340s and ULEV570s Required to be Produced)} +A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 {[(1.4) x (No. of ULEV250s and ULEV400s Produced excluding HEVs) + (No. of ULEV250 HEVs x HEV VEC factor for ULEV250s) + (No. of ULEV400 HEVs x HEV VEC factor for ULEV400s)]

- [(1.4) x (Equivalent No. of ULEV250s and ULEV270s Required to be Produced)]} +

{[(1.5) x (No. of ULEV200s and ULEV270s Produced excluding HEVs) + (No. of ULEV200 HEVs x HEV VEC factor for ULEV200s) + (No. of ULEV270 HEVs x HEV VEC factor for ULEV270s)]

- [(1.5) x (Equivalent No. of ULEV200s and ULEV270s Required to be Produced)]} +

{[(1.6) x (No. of SULEV170s and SULEV230s Produced excluding HEVs) + (No. of SULEV170 HEVs x HEV VEC factor for SUL EV170s) + (No. of SULEV230 HEVs x HEV VEC factor for SULEV230s)]

- [(1.6) x [(Equivalent No. of SULEV170s and SULEV230s Required to be Produced)]} +

{[(1.7) x (No. of SULEV150s and SULEV200s Produced excluding HEVs) + (No. of SULEV150 HEVs x HEV VEC fac tor for SULEV150s) + (No. of SULEV200 HEVs x HEV VEC factor for SULEV200s)]

- [(1.7) x [(Equivalent No. of SULEV150s and SULEV200s Required to be Produced)]} +

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

(B) MDV HEV VEC factor. The MDV HEV VEC factor is calculated as follows:

For ULEV340s:

1+ � ( ULEV 340 standard

− ULEV 250 standard ) × Zero

− emission VMT Allowance

ULEV 340 standard � ;

For ULEV250s:

1+ � ( ULEV 250 standard

− ULEV 200 standard ) × Zero

− emission VMT Allowance

ULEV 250 standard � ;

For ULEV200s:

1+ � ( ULEV 200 standard

− SULEV 170 standard ) × Zero

− emission VMT Allowance

ULEV 3200 standard � ;A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 For SULEV170s:

1+ � ( SULEV 170 standard

− SULEV 150 standard ) × Zero

− emission VMT Allowance

SULEV 170 standard � ;

For SULEV150s: 1+ � ( SULEV 150 standard

− ZEV standard ) × Zero

− emission VMT Allowance

SULEV 150 standard � ;

For ULEV570s:

1+ � ( ULEV 570 standard

− ULEV 400 standard ) × Zero

− emission VMT Allowance

ULEV 570 standard � ;

For ULEV400s:

1+ � ( ULEV 400 standard

− ULEV 270 standard ) × Zero

− emission VMT Allowance

ULEV 400 standard � ;

For ULEV270s:

1+ � ( ULEV 270 standard

− SULEV 230 standard ) × Zero

− emission VMT Allowance

ULEV 270 standard � ;

For SULEV230s:

1+ � ( SULEV 230 standard

− SULEV 200 standard ) × Zero

− emission VMT Allowance

SULEV 230 standard �

For SULEV200s: 1+ � ( SULEV 200 standard

− ZEV standard ) × Zero

− emission VMT Allowance

SULEV 200 standard �

where “Zero

- emission VMT Allowance” for an HEV is determined in accordance with section C 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 and Medium

- Duty Vehicle Cl asses,” incorporated by reference in section 1962.1, or 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,” incorporated by reference in section 1962.2, as applicable.

(C) A manufacturer that fails to produce and deliver for sale in California the equivalent quantity of MDVs certified to LEV III exhaust emission standards, shall receive “Veh icle

- 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 meet the ZEV requirement shall be included in the calculation of VECs.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (3) Procedure for Offsetting Debits.

(A) A manufacturer shall equalize emission debits by earning g/mi NMOG+NOx emission credits or VECs in an amount equal to the g/mi NMOG+NOx debits or VEDs, or by submitting a commensurate amount of g/mi NMOG+NOx credits or VECs to the Executive Officer that were earned previously or acquired from another manufacturer. A manufacturer shall equalize NMOG+NOx debits for PCs, LDTs, and MDPVs and VEC debits for MDVs within three model years. If emission debits are not equalized within the specified time period, the manufacturer shall be subject to the Health and Safety Code §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. 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 District of Columbia, and for each individual state that is included in the fleet average greenhouse gas requirements in subsection (b)(1)(A)1.a. The manufacturer must calculate these emission debits separately for California, the District of Columbia, and each individual state

us ing the formula in subsections (c)(1) and (c)(2), except that the “Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs” shall be calculated separately for the District 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 determined by dividing the total amount of g/mi NMOG+NOx emissi on debits for the model 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 applicable for the model year in which the debits were first incurred; and the number of mediu m

- duty vehicles not meeting the state board's emission standards shall be equal to the amount of VEDs incurred.

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

(4) Changing NMOG Credits and Debits to NMOG+NOx Credits and Debits. The value of any emission credits that have not been used prior to the start of the 2015 model year and any emission debits 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 year by multiplying their values by a factor of 3.0. These credits and debits are subject to the provisions in subsection 1961(c)(3).A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (d) Test Procedures. The certification requirements and test procedures for determining compliance with the emission standards in this section are set forth in the “California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Proce dures for Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles,” as adopted [ INSERT DATE OF ADOPTION ], the “California Non

- Methane Organic Gas Test Procedures,” as amended [ INSERT DATE OF AMENDMENT ], which are incorporated herein by reference. In t he case of hybrid electric vehicles and on

- board fuel

- fired heaters, the certification requirements and test procedures for determining compliance with the emission standards in this section are set forth in the “California Exhaust Emission Standards and T est 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, and the “California Exhaust Emission Stand ards 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 section 1961.2:

“ALVW” means adjusted loaded vehicle weight. “ASTM” means American Society of Testing and Materials. “CO” means carbon monoxide. “FTP” means Federal Test Procedure. “g/mi” means grams pe r mile. “GVW” means gross vehicle weight. “GVWR” means gross vehicle weight rating. “HEV” means hybrid

- electric vehicle. “LDT” means light

- duty truck. “LDT1” means a light

- duty truck with a loaded vehicle weight of 0

- 3750 pounds. “LDT2” means a light

- duty truck with a loaded vehicle 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 ve hicle. “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 total mass of oxygenated and non

- oxygenated hydroc arbon emissions.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 “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.

Note: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43101, 43104, 43105, and 43106, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, and 43205, Health and Safety Code.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 7

. Ad opt new title 13, CCR, section 1961.3 to read as follows: (Note: the entire text of section 1961. 3 set forth below is new language proposed to be added to the California Code of Regulations.)

§ 1961.3. Greenhouse Gas Exhaust Emission Standards and Test Procedures

- 20 17 and Subsequent Model Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles.

Introduction. This section 1961.3 se ts the greenhouse gas emission levels from new 2017 and subsequent model year passenger cars, light

- duty trucks, and medium

- duty passenger vehicles. Light

- duty trucks from 3751 lbs. LVW

– 8500 lbs. GVW that are certified to the Option 1 LEV II NOx Standar d in section 1961(a)(1) are exempt from these greenhouse gas emission requirements, however, passenger cars, light

- duty trucks 0

- 3750 lbs. LVW, and medium

- duty passenger vehicles are not eligible for this exemption.

Emergency vehicles may be excluded from these greenhouse gas emission requirements. The manufacturer must notify 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 t his section 1961.3.

(a) Greenhouse Gas Emission Requirements.

(1) Fleet Average Carbon Dioxide Requirements for Passenger 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 i s the sales

weighted 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

- weighted average of the calculated CO 2 exhaust mass emission target values for that manuf acturer.

(A) Fleet Average Carbon Dioxide Target Values for Passenger 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:A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 than 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 greater than 41 square feet and less than or equal to 56 square feet, the gram per mile CO 2 target value shall be calculated using the following 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.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 Light

- Duty Trucks and Medium

- Duty Passenger Vehicles. The fleet average CO 2 exhaust mass emission target values f o r 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 below for each model year, the gram/mile CO 2 target value shall be calculated using the following equation and rounded to the nearest 0.1 grams/mile:A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 footprint value specified in the table below and less than or equal to the maximum footprint value specified in the table below for each model year, the gram/mile CO 2 target value shall be calculated using the following equation and rounded to the nearest 0.1 grams/mile:

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

Where: f is the v ehicle 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 value specified in theA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 table below for each model year, the gram/mile CO 2 target value shall be selected for the applicable model year from the following 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, e a ch manufacturer must comply with fleet average CO 2 standards for passenger cars and for light

- duty trucks plus medium

- duty passenger vehicles, as applicable, calculated f or that model year as follows. For each model year, a manufacturer must calculate separate fleet average CO 2 values for its passenger car fleet and for its combined light

- duty truck plus medium

- duty passenger vehicle fleet using the CO 2 target values in s ubsection (a)(A)

. These calculated CO 2 values are the manufacturer

- s pecific fleet average CO 2 standards for passenger cars and for light

- duty trucks plus medium

- duty passenger vehicles, as applicable, which apply for th at model year.

1. A CO 2 target value shall be calculated in accordance with 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 foot print value, shall be multiplied by the total production of that model type/footprint combination for the applicable model year.

3. The resulting products shall be summed, and that sum shall be divided by the total production of passenger cars or total co mbinedA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 production of light

- duty trucks and medium

- duty passenger vehicles, as applicable, in that model year. The result shall be rounded to the nearest whole gram per mile. This result shall be the applicable fleet average CO 2 standard for the manufactu rer’s passenger car fleet or its combined light

duty 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, and Medium

- Duty Passenger Vehicles. Each manufacturer’s fleet of combined passenger automobile, light

duty trucks, and medium

- duty passenger vehicles must comply with N 2 O and CH 4 standards using either the provisions of subsection (a)(2)(A), subsection (a)(2)(B), or subsection (a) (2)(C). Except with prior 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 s a me model year. For 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) for their light

- duty truck and medium

- duty passenger vehicle fleet in the same model year. The manufacturer may use the provisions of both subsections (a)(2)(A) and (a)( 2)(C) in the s a me model year. For example, a manufacturer may meet the 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 (40 CFR, Part 86, Subpart B), as amended by the “California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subs equent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles.” Manufacturers may optionally determine an alternative 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 (40 CFR, Part 86, Subpart B), as amended by the “California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and S ubsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles.” Manufacturers may optionally determine 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 standards in subsection (a)(2)(A). Manufacturers making this election shall measure N 2 O and CH 4 emissions for each unique combination of model type and footprint value onA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 both the FTP test cycle and the Highway Fuel Economy 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 adjusted N 2 O and CH 4 full useful life values in the fleet average calculations for passenger automobiles and light

- duty trucks plus medium

- duty passenger vehicles, as calculated in accordance with subsection (a)(2)(A)(D).

(C) Optional Use of Alternative N 2 O and/or CH 4 Standards. Manufacturers may se lect an alternative standard applicable 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 alternative 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 Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures Passenger Cars, Light

- Duty Trucks, an d Medium

- Duty Vehicles,” for the full useful life, and become the applicable certification and in

- use emission standard(s) for the test group. Manufacturers using an alternative standard for N 2 O and/or CH 4 must calculate emission debits according to the p rovisions of subsection (a)(2)(D) for each test group/alternative standard combination. Debits must 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 oth er vehicles certified for multiple fuels) must meet these alternative standards when tested on a ll 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 un der (a)(2)(C) shall be calculated according to the following 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 group produced and delivered for sale in California; AltStd = The alternative standard (N 2 O or CH 4 ) selected by the

manu facturer under (a)(2)(C); andA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Std = The exhaust emission standard for N 2 O or CH 4 specified in (a)(2)(A).

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

(A) Eligibility for Alternative Stand ards. Eligibility as determined in this subsection (a)(3) shall be based on the total sales of combined passenger cars, light

- duty trucks, and medium

- duty passenger vehicles. The terms “sales” and “sold” as used in this subsection (a)(3) shall mean vehi cles produced and delivered for sale (or sold) in the states and territories of the United States. For the purpose of determining eligibility the sales of related companies shall be aggregated according to the provisions of section 1900. To be eligible for alternative standards 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 consecutive model years exceeds 4,999, and if the increase in sales is the result of corporate acquisitions, mergers, or purchase by another manufacturer, the manufacturer shall comply with the emission standards described in subsections (a)(1) and (a)(2), as applicable, beginning with the first model year after the last year of the three consecutive model years.

2. If a manufacturer's average sales for three consecutive model years exceeds 4,999 and is less tha n 50,000, and if the increase in sales is solely the result of the manufacturer's expansion in vehicle production (not the result of corporate acquisitions, mergers, or purchase by another manufacturer), the manufacturer shall comply with the emission stan dards described in subsections (a)(1) and (a)(2), as applicable, beginning with the second model year after 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 record of automobile sales in the United States and without prior certification to (or exemption from, under 40 CFR §86.1801

- 12(k)) greenhouse gas emission standards in 40 CFR §86.1818

- 12 or greenhou se gas standards in section 1961.1. In addition to the eligibility requirements stated in subsection (a)(3)(A), new entrants must meet the following requirements:A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1. In addition to the information required under subsection (a)(3)(D), new entrants must provide documentation that shows a clear intent by the company to actually enter the U.S. market in the years for which alternative standards are requested. Demonstratin g such intent could include providing documentation that shows the establishment of a U.S. dealer network, documentation of work underway to meet other U.S. requirements (e.g., safety standards), or other information that reasonably establishes intent to t he satisfaction of the Executive Officer.

2. Sales of vehicles in the U.S. by new entrants must 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 within 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 of vehicles not covered by a certificate. In addition, violation of these limits will result in loss of eligibility for alternative standards until such point as the manufacturer demonstrates two consecutive model years of sales below 5,000 automobil es.

3. A manufacturer with sales in the most recent model 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 m anufacturer will be considered a new entrant and subject to the provisions regarding new entrants in this subsection (a)(3), except that the requirement to demonstrate an intent to enter the U.S. market in subsection (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 is available on which to base such standards.

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

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

3. The request must contain all the information required in subsection (a)(3)(D), and must be signed by a chief o fficer of theA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 company. If the Executive Officer determines that the content of the request is incomplete or insufficient, the manufacturer will be notified and given an additional 30 days to amend the request.

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

1. Vehicle Model and Fleet Information

.

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

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

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

d. The expected production cycle for each model, including new model introductions and redesign or refresh cycles.

2. Technology Evaluation Information

.

a. The CO 2 reduction technologies employed by the manufacturer on each vehicle model, including information 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 potentially provide benefits outside the operation represented by the FTP 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 should be similar, but not necessarily identical, in the following respects: vehicle type, horsepower, mass, power

- to

- weight ratio, footprint, retail price, and any other relevant factors. For manufacturers requesting alt ernative standards starting with the 2017 model year, the analysis of comparable vehicles should include vehicles from the 2012 and 2013A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 model years, otherwise the analysis should at a minimum include vehicles from the most recent two model years.

c. A di scussion 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 vehicles and/or technologies are not being used to achieve CO 2 reductions for vehicles i n 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 Rulemaking, Public Hearing to Consider the “LEV III” Amendments to The C alifornia Greenhouse Gas and Criteria Pollutant Exhaust and Evaporative Emission Standards and Test Procedures and to the On

- Board Diagnostic 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 to be used to meet greenhouse gas emission standards and the extent to which those technologies are employed or projected to be employed by the manufacturer. For any technology that is not projected 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 and projected sales for the model years for which the manufacturer is seeking alternative standards.

b. Information regarding ownership relationships with other manufacturers, including details regarding the application 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 standar d is warranted. If the Executive Officer judges that an alternative standard is warranted, the following 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 standard is requested, each ultra

- small volume manufacturer shall identify all vehicle models fromA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 the model year that is four model years prior t o the model year for which an alternative standard is requested, certified by a large volume manufacturer that are comparable to that small volume manufacturer’s vehicle models for the model year for which an alternative standard is requested, based on mod el type and footprint value. The ultra

- small volume manufacturer shall demonstrate to the Executive Officer the appropriateness of each comparable vehicle model selected. Upon approval of the Executive Officer, s/he shall provide to the ultra

- small volum e manufacturer the target grams CO 2 per mile for each vehicle model type and footprint value that is approved. The ultra

- small volume manufacturer shall calculate its fleet average CO 2 standard in accordance with subsection (a)(1)(C) based on these target grams 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 target grams CO 2 per mile values provided by the Executive Officer; or

b. upon approval of the Executive Officer, if an ultra

- small volume manufacturer demonstrates a vehicle model uses 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 requirements in paragraph 2.a of this subsection.

(F) Restrictions on Credit Trading. Manufacturers subject to alternative standards approved by the Executive Officer under this subsection (a)(3) may not trade credits to another manufacturer. Transfers of credits between a manufacturer’s car and truck fleets are allowed.

( 4 ) Greenhouse Gas Emissions Values for Electric Vehicles, “Plug

In” Hybrid Electric Vehicles, and Fuel Cell Vehicles

. (A) Electric V ehicle Calculation s

.

1. For each unique combination of model type and footprint 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 * GHG targetA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Where E EV is measured directly from each cycle for each test vehicle of battery electric vehicle technology in units of kilowatt

- hours per mile (per SAE J1634, incorporated herein by reference).

2

. For each unique combination of model type and footprint value, a manufacturer shall calculate the Highway CO 2 Value using the following formula:

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

Where E EV is measured directly from each cycle for each test vehicle of battery electric vehicle technology in units of kilowatt

- 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 value, a manufacturer shall calculate the City CO 2 Value and the Highway CO 2 Value using the following formula s :

City CO 2 Value = GHG urban a nd 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 and Medium

- Duty Vehicle Classes” or the “California Exhaust Emission Standard s 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

. (C) Fuel Cell Vehicle Calculations

. For each unique combinati on of model type and footprint value, a manufacturer shall calculate the City CO 2 Value and the Highway CO 2 Value using the following formula s :

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 hydrogen per mile , measured for the applicable test cycle, in accordance with SAE J2572 (published October 2008), incorporated herein by reference.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 ( 5 ) Calculation of Fleet Average Carbon Dioxide Value.

(A) For each unique combination of model type and footprint value, a manufacturer shall calculate a combined city/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 “California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse G as Exhaust Emission Standards and Test Procedures Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles.” “Highway” CO 2 exhaust emission shall be measured using the using the Highway Fuel Economy Test (HWFET; 40 CFR 600 Subpart B).

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

(C) The resulting pro ducts shall be summed, and that sum shall be divided by the total production of passenger cars or total combined production of light

- duty trucks and medium

- duty passenger vehicles, as applicable, in that model year. The result shall be rounded to the near est whole gram per mile. This result shall be the manufacturer’s actual sales

weighted fleet average CO 2 value for the manufacturer’s passenger car fleet or its combined light

- duty truck and medium

- duty passenger vehicle fleet, as applicable.

(D) For eac h model year, a manufacturer must demonstrate compliance with the fleet average requirements in section (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 me dium

- duty passenger vehicles that are certified to the California exhaust emission standards in section 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 passe nger vehicles that are certified to the California exhaust emission standards in this section 1961.3, and are produced and delivered for sale in California, the District of Columbia, and all states that have adopted California's greenhouse gas emission sta ndards for that model year pursuant to Section 177 of the federal Clean Air Act (42 U.S.C. § 7507).A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 Option 1.

2. When a manufacturer is demonstrating compliance using Option 2 for a given model year, the term "in California" as used in section 1961.3 means California, the District of Columbia, and all states that have adop ted 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).

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

(6) Credits for Reduction of Air Conditioning Direct Emissions

. Manufacturers may generate A/C Direct Emissions Credits by implementing specific air conditioning system technologies designed to reduce air conditioning direct emissions over the useful life of their vehicles. A manufacturer may only use an A/C Direct Emissions Credit for vehicles within a model type upon approval of the A/C Direct Emissions Credit for that model type by the Executive Officer. The conditions and requirements for obtaining approval of an A/C Direct Emissions Credit are described in (A) t hrough (F), below.

(A) Applications for approval of an A/C Direct Emissions 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 dimen sional variation.

(B) To obtain approval of the A/C Direct Emissions Credit, the manufacturer must demonstrate through an engineering evaluation that the A/C system under consideration reduces A/C direct emissions. The demonstration must include all of the following elements:

• the amount of A/C Direct Emissions Credit requested, in grams of CO 2 - equivalent per mile (gCO 2 e/mi);

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

• schematic of the A/C system;A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 • specifications of the system components with sufficient detail to allow reproduction of the calculation; and

• a justification that the number of fittings and joints has been minimized and components have been optimized to minimize leakage.

Calculated values must be carri ed to at least three significant figures throughout the calculations, and the final credit value 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

- duty 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 International’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 with 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; Min LR = 4.1 grams/year for passenger car A/C systems with electric compressors; Min LR = 5.2 grams/year for light

- duty truck and medium

- duty passenger vehicle A/C systems with electric compressors.

Note: Initial leak rate is the rate of refrigerant leakage from a newly manufacture d A/C system in grams of refrigerant per year. The ExecutiveA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 pr ovides more accurate estimates of the initial leak rate of A/C systems than 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 using 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; 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;A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 finds the updat e or the alternate method provides more accurate estimates of 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 D irect Emissions Credit may be approved by the Executive Officer. The amount of credit requested must be based on demonstration of the reduction of A/C direct emissions of the technology using an engineering evaluation that includes verifiable laboratory t est 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 vehicles.

(D) The total leakage reduction credits generated by the air conditioning system shall be calculated separately for passenger cars , and for light

- duty trucks and medium

- duty passenger vehicles

, according to the following formula:

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

Where: A/C Direct Credit is calculated as specified in subsection (a)(6)(C). Production = The total number of passenger cars or light

duty trucks plus medium

- duty passenger vehicles, whichever is applicable, produced and delivered for sale in California, with the air conditioning system to which the A/D Direct Credit value from sub section (a)(6)(C) applies.

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

(F) The following values for refrigerant globa l warming potential (GWP), or alternative values as determined by the Executive Officer , shall be used in the calculations of this subsection (a)(6). The Executive Officer shall determine values for refrigerants not included in this subsection (a)(6)(F)

u pon request by a manufacturer, based on findings by the Intergovernmental Panel on Climate Change (IPCC) or from other applicable research studies.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Refrigerant GWP HFC

– 134a 1

, 430 HFC

– 152a 124 HFO

– 1234yf 4 CO 2 1

(7) Credits for Improving Air Conditioning System Efficiency. 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 shall be calculated according to this subsection (a)(7) for each air conditioning system that the manufacturer is using to generate CO 2 credits. The eligibility requirements specified in subsection (a)(7)(E) must be met before an air conditioning system is allowed to generate credits.

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

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 **Air Conditioning Technology Passenger**  **Cars (g/mi)**  **Light**

**- Duty**  **Trucks and Medium** 

**- Duty** 

**Passenger**

**Vehicles**

**(g/mi)** Reduced reheat, with externally

- controlled, variable

displacement compressor ( e.g. a compressor that controls displacement based on temperature setpoint and/or cooling demand of the air conditioning system control settings inside the passenger compartment). 1.5 2.2

Reduced reheat, with externally

- controlled, fixed

- displacement or pneumatic variable displacement compressor ( e.g. a compressor that controls displacement based on conditions within, or internal to, the air conditioning system, such as head pressure, suction pressure, or evaporator outlet temperature). 1.0 1.4

Default t o recirculated air with closed

- loop control of the air supply (sensor feedback to control interior air quality) whenever the ambient temperature is 75 °F or higher: Air conditioning systems that operated with closed

- loop control of the air supply at differ ent temperatures may receive credits by submitting an engineering analysis to the Administrator for approval. 1.5 2.2

Default to recirculated air with open

- loop control air supply (no sensor feedback) whenever the ambient temperature is 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 the Administrator for approval. 1.0 1.4

Blower motor controls which limit wasted electric al 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 entering the evaporator to the low

- pressure, gas

- phase refrigerant exiting the evaporator). 1.0 1.4

Improved condensers and/or evaporators with system analysis on the component(s) indicating a coefficient of performance 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 engineering 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 prod uction on the same vehicle design or in a similar or related vehicle model. The characteristics of the baseline component shall be compared to the new component to demonstrate the improvement. 0.5 0.7

(B) Air conditioning efficiency credits are determined on an air conditioning system basis. For each air conditioning system that is eligible for a credit based on the use of one or more of the items listed in subsection (a)(7)(A), the total credit value is th e sum of the gram per mile values listed in subsection (a)(7)(A) for each item that applies to the air conditioning system.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 However, t he total credit value for an air conditioning system may not be greater than 5.0 grams per mile for any passenger car or 7.2 grams per mile for any light

- duty truck or medium

- duty passenger vehicle.

(C) The total efficiency credits generated by an air conditioning system shall be calculated separately for passenger cars and for light

- duty trucks plus medium

- duty passenger v ehicles according 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), whichever is applicable. Production = The total number of passenger cars or light

duty trucks plus medium

- duty passenger vehicles, whichever is applicable, produced and delivered for sale in California, with the air conditioning system to which to the efficiency credit value from subsection (a)(7)(B) ap plies.

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

(E) For the purposes of this subsection (a)(7)(E), the AC17 Test P rocedure shall mean the AC17 Air Conditioning Efficiency Test Procedure 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 S tandards and Test Procedures for Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles.”

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

2. Using good engineering judgment, the manufacturer 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 eff iciency credits are being sought. If the air conditioning system is being installed in passenger cars, light

- duty trucks, and medium

- duty passenger vehicles, a separate determination of the quantity of credits for passenger cars and for light

- duty trucks a nd medium

- duty passenger vehicles must be made, but only one test vehicle is required to represent the air conditioning system, provided it represents the worst

- case impact of the system on CO 2 emissions.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 3. For each air conditioning system selected by th e manufacturer to generate air conditioning efficiency credits, the manufacturer shall perform the AC17 Test Procedure according to the following requirements. Each air conditioning system shall be tested as follows:

a. Perform the AC17 test on a vehicle that incorporates the air conditioning system with the credit

- generating technologies.

b. Perform the AC17 test on a vehicle which does not incorporate the credit

- generating technologies. The tested vehicle must be similar to the vehicle tested under su bsection (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 round to the nearest 0.1 grams/mile. If the result is less th an or equal to zero, the air conditioning system is not eligible to generate credits. 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 g enerate the maximum allowable value determined under subsection (a)(7)(B). If the result is greater than zero but less than the total of the gram per mile credits determined under subsection (a)(7)(B), then the air conditioning system is eligible to genera te credits in the amount determined by subtracting 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 th e first model year for which an air conditioning system is expected to generate credits, the manufacturer must select for testing the highest

- selling subconfiguration within each vehicle platform that uses the air conditioning system. Credits may continue to be generated by the air conditioning system installed in a vehicle platform provided that:

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

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

c. The manufacturer continues to test at least one sub

configuration within each platform using the air conditioning system, inA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 each model year, until all sub

- configurations within 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 generate credits. Using good engineering judgment, in the first model year for which an air conditioning system is expected to generate credits, the manufacturer must select for testing the highest

- selling subconfiguration within each vehicle platform using the air conditioning system . Credits may continue to be generated by an air conditioning system in subsequent model years if the manufacturer continues to test at least one sub

- configuration within each platform on annually , as long as the air conditioning 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. These technologies m ust have a measurable, demonstrable, and verifiable real

- world CO 2 reduction that occurs outside the conditions of the FTP and the HWFET. These optional credits are referred to as “off

- cycle” credits. Off

- cycle technologies used to generate emission cred its are considered emission

- related components subject to applicable requirements, and must be demonstrated to be effective for the full useful life of the vehicle. Unless the manufacturer demonstrates that the technology is not subject to in

- use deteriora tion, the manufacturer must account for the deterioration in their analysis. The manufacturer must use one of the three options specified in this subsection (a)(8) to determine the CO 2 gram per mile credit applicable to an off

- cycle technology. The manuf acturer 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 medium

duty passenger v ehicles specified in the table in each model year for which credit is claimed. Technology definitions are in subsection (e).A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Off

- Cycle Technology Passenger Cars (g/mi) Light

- Duty Trucks and Medium

- Duty Passenger Vehicles (g/mi) Minimum Total P ercent of U.S. P roduction

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 start

stop (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 amounts shown in the following table:

Thermal Control Technology Credit value: Passenger Cars (g/mi) Credit Value: Light

- Duty Trucks and Medium

Duty 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 cars and to 4.3 g/mi for light

- duty trucks and medium

- duty passenger vehicles. The maximum credit allowed for glass or glazing is limited to 2

. 9 g/mi for passenger cars and to 3

. 9 g/mi for light

- duty trucks and medium

- duty passenger vehicles.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 c. Glass or glazing credits are calculated using the following equation:

Credit = � Z × � T i × G i

G n

i = 1 �

Where: Credit = the total glass or glazing credits, in grams per mile, for a vehicle, which may not exceed 3.0 g/mi for passenger cars or 4.3 g/mi for light

- duty trucks and medium

- duty passenger vehicles; Z = 0.3 for passenger cars and 0.4 for light

- duty trucks and medium

- duty passenger vehicles; G i = the measured glass area of window i, in square meters 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 est imated temperature reduction for the glass area of window i , determined using the following formula:

T

i = 0

. 3987 × ( Tts base − Tts new )

Where: Tts new = the total solar transmittance of the glass, measured according to ISO 13837 :2008 , “Safety glazing materials

– Method for determination of solar transmittance” (incorporated by reference, herein). Tts base = 62 for the windshield, side

- front, side

- rear, rear

quarter, and backlite locations, and 40 for rooflite locations.

2. The maximum allowable decrease in the manufacturer’s combined passenger car and light

- duty truck plus medium

- 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 light truck in a manufacturer’s fleet, then the total off

- cycle credits 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 vehicle in a manufacturer’s fleet, then the gram per mile decrease for the combined passenger car and light

- duty t ruck 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 exceeded.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 a. Determine the gram per mile decrease for the combined passenger car and light

- duty tr uck plus medium

- duty passenger vehicle fleet using the following formula:

Decrease = Credits × 1

, 000

, 000 [ ( Prod C × 195

, 264 ) + ( Prod T × 225

, 865 ) ]

Where: Credits = The total of passenger car and light

- duty truck plus medium

- duty passenger vehicles credits, in Megagrams, determined according to subsection (a)(8)(D) and limited 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, i n 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 ) = � 10 × � ( Prod C × 195

, 264 ) + ( Prod T × 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 that may be accrued by a manufacturer using the default gram per mile values in subsection (a)(8)(A)1 do not exceed the allowable limit, and total 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 passenger car and light

- duty truck plus medium

- duty passenger vehicle c redits, in Megagrams, that may be accrued using the calculations in subsectionA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (a)(8)(D) must not exceed the value determined in subsection (a)(8)(A)2.b. This limitation should generally be done by reducing the amount of credits attributable to the vehicl e category 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 values specified in subsection (a)(8)(A)1 for specific technologies, a manufacturer may determine an alternative value for any of the specified technologies. An alternative value must be determined using one of the methods specified in subsection (a)(8)(B) or subsection (a)(8)(C).

(B) Technology demonstration using EPA 5

- cycle methodology. To demonstrate an off

- cycle technology and to determine a CO 2 credit using the EPA 5

- cycle methodology, the manufacturer shall determine the off

- cycle city/highway combined carbon

- related exhaust emi ssions benefit by using the EPA 5

- cycle methodology described in 40 CFR Part 600. Testing shall be performed on a representative vehicle, selected using 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. Multiple off

- cycle technologies may be demonstrated on a test vehicle. The manufacturer shall conduct the following steps and submit all test data to the Executive Officer.

1. Testing without the off

- cycle technology installed and/or operating. Determine carbon

- related exhaust emissions over the FTP, the HWFET, the US06, the SC03, and the cold temperature FTP test procedures according to the test procedure provisions specified in 40 CFR part 600 subpart B and using the calculation procedures specified in §600.113

– 08 of this chapter. Run each of these tests a minimum of three times without the off

- cycle technology installed and operating and averag e the per phase (bag) results for each test procedure. Calculate the 5

- cycle weighted city/highway combined carbon

- related exhaust emissions from the averaged per phase results, where the 5

- cycle city 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 emissions over the US06, the SC03, and the cold temperature FTP test procedures according to the test procedure provisions specified in 40 CFR part 600 subpart B and using the calculation procedures specified in 40 CFR §600.113

– 08. Run each of these tests a minimum of three times with the off

- cycle technology installed and operating and average the per phase (bag) results for each test procedure. Calculate the 5

- cycle weighted city/highway combinedA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 carbon

- related exhaust emissions from the averaged per phase results,

w here the 5

- cycle city value is weighted 55% and the 5

- cycle highway value is weighted 45%. Use the averaged per phase results for the FTP and HWFET determined in subsection (a)(8)(B)1 for operation without the off

- cycle technology in this calculation. Th e resulting combined city/highway value is the 5

- cycle carbon

- related exhaust 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 det ermined 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 technology or technologies being evaluated. If this benefit is greater than or equal to three percent of the value determined i n 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 running 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 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 verify the emission reduction potential of the off

- cycle technology or technologies using the EPA Vehicle Simulation Tool , and if the results support a cr edit 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 technology or technologies calculated as in subsection (a)(8)(B)3 using all the tests conducted under subse ctions (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 under 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 under subsection (a)(8)(B) must conduct testing and/or prepare engineeringA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 analyses that demonstrate the in

- use durability of the technology for the full useful life of the vehicle.

2. Data and information requirements . The manufacturer seeking off

- cycle credits must submit an application for off

- cycle credits determined under subsection (a)(8)(B). The application must contain the following:

a. A detailed description of the off

- cycle technology and how it functions to reduce CO 2 emissions under conditions not represented on the FTP and HWFET.

b. A lis t of the vehicle model(s) which will be equipped with the technology.

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

d. All testing and/or simulation data re quired under 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 vehicle models equipped with the technology.

f. An engineering analysis and/or component durability testing data or whole vehicle testing data demonstrating the in

- use durability of the off

- cycle technology component s.

3. R eview of the off

- cycle credit application . Upon receipt of an application from a manufacturer, the Executive Officer will do the following:

a. Review the application for completeness and notify the manufacturer within 30 days if additional infor mation is required.

b. Review the data and information provided in the application to determine if the application supports 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 reasons for the denial.A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (D) Calcul ation 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 light

- duty trucks plus medium

- duty passenger vehicles according to th e following formula:

Total Credits (g/mi) = Credit × Production

Where: Credit = the credit value in grams per mile determined 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 applicable, produced and delivered for sale in California, produced with the off

- cycle technology to which to the credit value determined in subsection (a)(8)(A) or subsection (a)(8)(B) applies.

(9) Credits fo r 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 either subsection (a)(9)(A) or subsection (a)(9)(B) for a qualifying pickup truck, but not both.

(A) Credits for implementation of gasoline

- electric hybrid technology. F ull

- size pickup trucks that implement hybrid gasoline

- electric technologies may be eligible for an additional credit under this subsection (a)(9)(A). Pickup trucks using the credits under this subsection (a)(9)(A) may not use the credits described in subsection (a)(9)(B).A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1. Full

- size pickup trucks that are mild hybrid gasoline

- electr ic 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 pickup trucks such that the proportion of producti on of such vehicles, when compared 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 gasoline

electric 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 hybrid full

- size pickup trucks such that the proportion of production of such vehicles, when compared to the manufacturer’s total production of full

- size pickup trucks, is not less than 10 percent for each mod el year.

(B) Credits for emission reduction performance. 2017 through 2021 model year f ull

- size pickup trucks that achieve carbon

- related exhaust emission values below the applicable target value determined 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

- related exhaust emissions less than or equal to the applicable ta rget 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 yea r are eligible for a credit of 10 grams/mile. A pickup truck that qualifies for this credit in a model year may claim this credit for subsequent model years through the 2021 model year if the carbon

related exhaust emissions of that pickup truck do not in crease 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 year, the manufacturer must produce a quantity of full

- size pickup trucks that meet the emission requirements o f this subsection (a)(9)(B)1 such that the proportion of production of such vehicles, when compared to the manufacturer’s totalA

- 99

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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

- related exhaust emissions less than or equal to 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 20 grams/mile. A pickup truck that qualifies for this credit in a model year may claim this credit for a maximum of five subsequent model yea rs if the carbon

- related exhaust emissions of that pickup truck do not increase relative to the emissions in the model year in which the pickup truck first qualified for the credit. This credit may not be claimed in any model year after 2025. To qualify f or 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 compared to the manufacturer’s total production o f 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 fu ll

- size pickup trucks 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 produced 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 produced

an d delivered for sale in California with a credit value of 20 grams per mile from subsection (a)(9)(A) and subsection (a)(9)(B).A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (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. D ebits 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 Vehicles.

(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 units 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. Manufacturers must calculate greenhouse gas credits and greenhouse gas debits separately for passenger cars and for combined light

- duty trucks and medium

- duty passenger v ehicles as follows:

CO 2 Credits or Debits = (CO 2 Standard

- Manufacturer’s Fleet Average CO 2 Value) × (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs).

Where: CO 2 Standard = the applicable standard for the model year 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 or debits generated in a model year shall be the sum of its CO 2 credits or debits and any of the following credits or debits, if applicable. The manufacturer shall calculate, maintain, and report Greenhouse Gas credits or debits separately for its passenger car fleet and fo r its light

- duty truck plus medium

- duty passenger vehicle fleet.

1. Air conditioning leakage credits earned according to the provisions of subsection (a)(6);

2. Air conditioning efficiency credits earned according to the provisions of subsection (a)(7);

3. Off

- cycle technology credits earned according to the provisions of subsection (a)(8).A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 4. CO 2 - equivalent debits earned according to the provisions of subsection (a)(2)(D).

(2) A manufacturer with 2017 and subsequent model year fleet average Greenhouse Gas values greater than the fleet average CO 2 standard applicable for the corresponding model year shall receive debits in units of g/mi Greenhouse Gas equal to the amount of negative credits determined by the aforementioned equation. For the 2 017 and subsequent model years, the total g/mi Greenhouse Gas credits or debits earned for passenger cars and for light

duty trucks and medium

- duty passenger vehicles shall be summed together. The resulting amount shall constitute the g/mi Greenhouse 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 emission debits by earning g/mi Greenhouse Gas emission credits 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 years after they are earned. If emission debits are not equalized within the specified time period, the manufacturer shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable e mission 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 subsection (a)( 5 )(D), the emission debits that are subject to a civil penalty under Health 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 subsections (b)(1) and (b)(2), except that the “Total No. of Vehicles Produced and Delivered for Sale in California, including ZEV s and HEVs” shall be calculated separately 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 emission standards shall be determin ed by dividing the total amount of g/mi Greenhouse Gas emission debits for the model year calculated for California by the g/mi Greenhouse Gas fleet average requirement for passenger car applicable for the model year in which the debits were first incurred . For the purposes of Health and Safety Code section 43211, the number of light

- duty trucks and medium

- duty passenger vehicles not meeting the state board’s emission standards shall be determined by dividing theA

- 102

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 total amount of g/mi Greenhouse Gas emissio n debits for the model year calculated for California by the g/mi Greenhouse Gas fleet average requirement for light

- duty trucks and medium

- duty passenger vehicles, applicable for the model year in which the debits were first incurred.

(B) Greenhouse Gas emission credits earned in the 2017 and subsequent model years shall retain full value through 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 Greenhous e 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 all of its Greenhouse Gas debits may use those Greenhouse Gas credits to comply with its ZEV obligations for that model year, in accordance with the provisions 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, Li ght

- Duty Truck and Medium

- Duty Vehicle Classes,” incorporated by reference in section 1962.1, or the “California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero

- Emission Vehicles and Hybrid Electric Vehicles, in the Passen ger Car, Light

- Duty Truck and Medium

- Duty Vehicle Classes,” incorporated by reference in section 1962.2.

(B) Any Greenhouse Gas credits used by a manufacturer to comply with its ZEV obligations shall retain no value for the purposes of complying with this section 1961.3.

(5) Credits and debits that are earned as part of the 2012 through 2016 MY National Greenhouse Gas Program, shall have no value for the purpose of complying with this section 1961.3.

(c) Test Procedures. The certification requirements and test procedures for determining compliance with the emission standards in this section are set forth in the “California 2015 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 20 17 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 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 Emission Standards and Test Procedures forA

- 103

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 2018 and Subsequent Model Zero

- Emission Vehicles and Hybri d Electric Vehicles, in the Passenger Car, Light

- Duty Truck and Medium

- Duty Vehicle Classes,” incorporated by reference in section 1962.2, as applicable.

(d) Abbreviations. The following abbreviations are used in this section 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 th e 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” mea ns milligrams per mile. “MY” means model year. “NHTSA” means National Highway Traffic Safety Administration. “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 released from a motor vehicle's air conditioning system.

(2) “ Active Aerodynamic Improvements” means technologies that are activated only at certain speeds to improve aerodynamic efficiency by a minimum of three percent, while preserving other vehicle attributes or functions.

(3) “Active Cabin Ventilation” means devices that mechanically move heat ed air from the cabin interior to the exterior of the vehicle.

(4) “ Active Transmission Warmup” means a system that uses waste heat from the exhaust system to warm the transmission fluid to an operating temperature range quickly using a heat exchanger in the exhaust system, increasing the overall transmission efficiency by reducing parasitic losses associated with the transmission fluid, such as losses related to friction and fluid viscosity.A

- 104

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (5) “ Active Engine Warmup” means a system using waste heat from the exhaust system to warm up targeted parts of the engine so that it reduces engine friction l osses and enables the closed

- loop fuel control to activate more quickly. It allow s a faster transition from cold operation to warm operation, decreasing CO 2 emissions

. (6) “Active Seat Ventilation” means a device that draws air from the seating surface which is in contact with the occupant 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 the default position of the mechanism which controls the source of air supplied to the air conditioning system shall change from outside air to recirculated air when the operator or the automatic climate control system has engaged the air conditioning system ( i.e., evaporator is removing heat), except under those conditions where dehumidification is required for visibility ( i.e., defogger mode). In vehicles equipped with interior air quality sensors ( e.g., humidity sensor, or carbon dioxide sensor), the controls may determine proper blend of air supply sources to maintain freshness of the cabin air and prevent fogging of windows while continuing to maximize the use of recirculated air . At any time, the vehicle operator may manually select the non

- recirculated air setting during vehicle operation but the system must default to recirculated 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 must 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 electric vehicle or plug

- in hybrid electric vehicle that continues to circulate hot coolant through the heater core when the engine is stopped during a stop

- start event. This system must be calibrated to keep t he engine off for 1 minute or more when the external ambient temperature is 30 deg F.

(10) “Emergency Vehicle” means a motor vehicle manufactured primarily for use as an ambulance or combination ambulance

- 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 captures heat that would otherwise be lost through the exhaust system or through the radiator andA

- 105

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 converting that heat to electrical energy that is used t o meet the electrical requirements of the vehicle. Such a system must have a capacity of at least 100W to achieve 0.7 g/mi of credit. Every additional 100W of capacity will result in an additional 0.7 g/mi of credit.

(12) “ Engine Start

- Stop” means a technology which enables 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 accelerator or releases the brake.

(13) “ EPA Vehicle Simulation Tool " means the " EPA Ve hicle Simulation Tool " as incorporated by reference in 40 CFR §86.1 in the Notice of Proposed Rulemaking for EPA’s 2017 and subsequent MY National Greenhouse Gas Program, as proposed November 16, 2011 [Insert Federal Register for the 2017 and subsequent MY National Greenhouse Gas Final Rule as proposed at 76 Fed. Reg. 74854

, 75357 ( December 1, 2011 )] , herein.

(14) “Executive Officer” means the Executive Officer of the California Air Resources Board.

(15) “Footprint” means the product of average track widt h (rounded to the nearest tenth of an inch) and wheelbase (measured in inches and rounded to the nearest tenth of an inch), divided by 144 and then rounded to the nearest tenth of a square foot, where the average track width is the average of the front and rear track widths, where each is measured in inches and rounded to the nearest tenth of an inch.

(16) “Federal Test Procedure” or “FTP” means 40 CFR, Part 86, Subpart B, as amended by 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.”

(17) “Full

- size pickup truck” means a light

- duty truck t hat has a passenger compartment and an open cargo box and which meets the following specifications: 1. A minimum cargo bed width between the wheelhouses of 48 inches, measured as the minimum lateral distance between the limiting interferences (pass

- through ) of the wheelhouses. The measurement shall exclude the transitional arc, local protrusions, and depressions or pockets, if present. An open cargo box means a vehicle where the cargo box does not have a permanent roof. Vehicles sold with detachable cover s are considered “open” for the purposes of these criteria. 2. A minimum open cargo box length of 60 inches, where the length is defined by the lesser of the pickup bed length 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 from the inside front of theA

- 106

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 pickup bed to the inside of the closed endgate as measured at the cargo floor surface along vehicle centerline, and the length 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 cargo floor surface along vehicle centerline. 3. A minimum towing capability of 5,000 pounds, where minimum towing capability is determined by subtracting the gross vehicle weight rating from the gross combi ned weight rating, or a minimum payload capability of 1,700 pounds, where minimum payload capability is determined by subtracting the curb weight from the gross vehicle weight rating.

(18) “Greenhouse Gas” means the following gases: carbon dioxide, metha ne, nitrous oxide, and hydrofluorocarbons.

(19) “GWP” means the global warming potential of the refrigerant over a 100

- year horizon, as specified in Intergovernmental Panel on Climate Change (IPCC) 2007: Climate Change 2007

– The Physical Science Basis. S . Solomon et al. (editors), Contribution of Working Group I to the Fourth Assessment Report of the Intergovernmental Panel on Climate Change, Cambridge University Press, Cambridge, UK and New York, NY, USA, ISBN 0

- 521

- 70596

- 7

, or determined by ARB if such information is not available in the IPCC Fourth Assessment Report.

(20) “ High Efficiency Exterior Lighting” means a lighting technology that, when installed on the vehicle, is expected to reduce the total electrical demand of the exterior lighting system by a minimum of 60 watts when compared to conventional lighting systems. To be eligible for this credit the high efficiency lighting must be installed in the following components: parking/position, front and rear turn signals, front and rear side markers , stop/brake lights (including the center

- mounted location), taillights, backup/reverse lights, and license plate lighting.

(21) “ Improved condensers and/or evaporators” means that the coefficient of performance (COP) of air conditioning system using impr oved evaporator and condenser designs is 10 percent higher, as determined using the bench test procedures described in SAE J2765 ‘‘Procedure for Measuring System COP of a Mobile Air Conditioning System on a Test Bench,’’ when compared to a system using sta ndard, 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 c omponent(s) 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 dimensional characteristics ( e.g., tube configuration/thickness/spacing, and fin densit y) of the baseline component(s) shall be compared to the new component(s) to demonstrate the improvement in coefficient of performance.A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (22) “Mild hybrid gasoline

- electric vehicle” means a vehicle that has start/stop capability and regenerative braking ca pability, 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 recaptured braking energy is measured and calculated according to 40 CFR §600.108(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 o il/refrigerant mixture exiting the compressor and returns it to the compressor housing or compressor 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 devices which utilize convective airflow to move heated air from the cabin interior to the exterior of the vehicle.

(2 7 ) “P lug

- i n Hybrid Electric Ve hicle ” means “off

- vehicle charge capable hybrid electric vehicle” as d efined in 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

. ”

(2 8 ) “ Reduced reheat, with externally controlled, fi xed

- displacement or pneumatic variable displacement compressor” means a system in which the output of either compressor is controlled by cycling the compressor clutch off

and

- on via an electronic signal, based on input from sensors ( e.g., position or setpo int of interior temperature control, interior temperature, evaporator outlet air temperature, or refrigerant temperature) and air temperature at the outlet of the evaporator can be controlled to a level at 41°F, or higher.

(2 9 ) “ Reduced reheat, with exter nally

- controlled, variable displacement compressor” means a system in which compressor displacement is controlled via an electronic signal, based on input from sensors ( e.g., position or setpoint of interior temperature control, interior temperature, evapo rator outlet air temperature, or refrigerant temperature) and air temperature at the outlet of the evaporator can be controlled to a level at 41°F, or higher.A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 ( 30 ) “SC03” means the SC03 test cycle as 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 Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles.”

(3 1 ) “Solar Reflective Paint” mea ns a vehicle paint or surface coating which reflects at least 65 percent of the impinging infrared solar energy, as determined using ASTM standards E903

- 96 ( Standard Test Method for Solar Absorptance, Reflectance, and Transmittance of Materials Using Integ rating Spheres

, DOI: 10.1520/E0903

- 96 (Withdrawn 2005) ) , E1918

- 06 ( Standard Test Method for Measuring Solar Reflectance of Horizontal 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 Temperature Using a Portable Solar Reflectometer

, DOI: 10.1520/C1549

- 09 ) . These ASTM standards are incorporated by reference, herein.

(3 2 ) “ Solar Roof Panels” means the installation of solar panels on an electric vehicle or a p lug

- in hybrid electric vehicle 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 elec tricity output.

(3 3 ) “Strong hybrid gasoline

- electric vehicle” means a vehicle that has start/stop capability and regenerative braking capability, where the recaptured braking energy over the Federal Test Procedure is at least 75 percent of the total bra king energy, where the percent of recaptured braking energy is measured and calculated according to 40 CFR §600.108(g).

(3 4 ) “Subconfiguration” means a unique combination within a vehicle configuration of equivalent test weight, road load horsepower, an d any other operational characteristics or parameters which is accepted by USEPA

. (3 5 ) “US06” means the US06 test cycle as 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 Passeng er Cars, Light Duty Trucks, and Medium Duty Vehicles.”

(3 6 ) “Worst

- Case” means the vehicle configuration within each test group that is expected to have the highest CO 2 - equivalent value, as calculated in section (a)( 5 ).A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (f) Severability. Each provision of this section is severable, and in the event that any provision of this section is held to be invalid, the remainder of both this section and this article remains in full force and effect.

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

.A

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 8 . Amend title 13, CCR, section 1965 to read as follows:

§1965. Emission Control, Smog Index, and Environmental Performance Labels

- 1979 and Subsequent Model

- Year Motor Vehicles.

In addition to all other requirements, emission control labels are required by the California certification procedures contained in the “California Motor Vehicle Emission Control and Smog Index Label Specifications for 1978 through 2003 Model Year Motorcycles, Light

- , Medium

- And Heavy

- Duty Engines And Vehicles,” adopted March 1, 1978, as last amended September 5, 2003, which is incorporated herein by reference, the “ California 2001 through 201 4 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 200 9 through 2016 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 §1961(d), the “California 201 5 and Subsequent Model Criteria Pollutant Exhaust Emi ssion 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 ), the “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy

- Duty Diesel

- Engines and Vehicles,” incorporated by reference in §1956.8(b), the “California Interim Certification Procedures for 2004 and Subsequent Model H ybrid

- Electric Vehicle Classes,” incorporated by reference in §1956.8(b) and (d), and the “California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy

- Duty Otto

- Cycle Engines,” incorporated by reference in §1956.8(d). Smo g index labels for passenger cars and light

- duty trucks shall conform to the “California Smog Index Label Specifications for 2004 through 2009 Model Year Passenger Cars and Light

- Duty Trucks,” adopted September 5, 2003, as last amended May 2, 2008, which i s incorporated 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 Subsequent Model Year Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Passenger Vehicles,” adopted May 2, 2008

, as last amended [ INSERT DATE OF AMENDMENT ]

, which is incorporated herein by reference. Motorcycles shall meet the requirements of Title 40 Code of Federal Re gulations section 86.413

- 78, as last amended October 28, 1977, which is incorporated herein by reference.

N OTE : Authority cited: Sections 39600, 39601, 43200, and 43200.1, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43018.5, 43 100, 43101, 43102, 43104, 43107, 43200, and 43200.1, Health and Safety Code.A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 9 . Amend title 13, CCR, section 1968.2 to read as follows:

§196 8.2

. Malfunction and Diagnostic System Requirements

– 2004 and Subsequent Model

- Year Passenger Cars, Light

- Duty Tru cks, and Medium

Duty 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 Society of Automotive Engineers (SAE) J1979 "E/E Diagnostic Test Modes

– Equivalent to ISO/DIS 15031

- 5:April 30, 2002 ", April 2002 (SAE J1979), incorporated by ref erence (section (g)(1.4) 1 ). For diesel applications, in lieu of the definition in SAE J1979, the calculated load value is may alternatively be determined by the ratio of current output torque to maximum output torque at current engine speed as defined by suspect parameter number (SPN) 92 of SAE J1939 “Recommended Practice for a Serial Control and Communications 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 electric vehicle) that can draw propulsion energy from either or both of the following

on

- vehicle sources of stored energy: 1) a consumable fuel and 2) an energy storage device such as a battery, capacitor, or flywheel

.

* * * *

“ Plug

- in hybrid electric vehicle ” refers to a hybrid vehicle that has the capability to charge a battery from an off

- vehicle el ectric energy source that cannot be connected or coupled to the vehicle in any 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., after ignition on forA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 conventional vehicles, after power button pushed for some hybrid vehicles, or after remote start activation) such that the vehicle is read y to be used (e.g., vehicle is ready to be driven, ready to be shifted from “park” to “drive”, heating, ventilation, and air conditioning (HVAC) turned on to condition cabin prior to driving). For purposes of this definition, “the state where the powertra in is enabled” does not include activations that are not driver

- initiated (e.g., conditions where portions of the vehicle system wake up to perform OBD II monitoring or off

- board charging).

* * * *

“Warm

- up cycle” means a driving cycle with sufficient vehicle operation such that the coolant temperature has risen by at least 40 degrees Fahrenheit from engine starting and reaches a minimum temperature of at least 160 degrees Fahrenheit (140 degrees Fahrenheit for applications with diesel engin es). 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) below. * * * * (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 th e OBD II system itself determines that the malfunction that caused the permanent fault code to be stored is no longer present and is not commanding the MIL on, pursuant to the requirements of section (d)(2.3) (which for purposes of this section shall apply to all monitors). Erasure of the permanent fault code shall occur in conjunction with extinguishing the MIL or no later than the start of the first driving cycle that begins with the MIL commanded off. (2.5.2) If all fault information in the on

- board com puter other than the permanent fault code has been cleared (i.e., through the use of a scan tool or battery disconnect) and the OBD II system 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 permanent fault code to be stored is subject to the minimum ratio requirements of sectionA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (d)(3.2) (e.g., catalyst monitor, comprehensive component input component rationality monitors), the OBD II system shall erase the
pe rmanent fault code at the end of a driving cycle if the monitor has run and made one or more determinations during a driving cycle that the malfunction of the component or the system is not present and has not made any determinations within the same drivin g 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 permanent fault code to be stored is not subject to the minimum ratio requirements of section (d)(3.2) (e.g., gasoline misfire monitor, fuel 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 determinations during a driving 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; (ii) The monitor has not made any determinations tha t the malfunction is present subsequent to the most recent 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 single driving cycle (which may be a different driving cycle than that in 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,

c C umulative 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 per hour occurs for greater than or equal to 300 seconds (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 for purposes of this criteria); c. Continuous vehicle operation at idle (i.e., accelerator pedal released by driver and either vehicle speed less than or equal to one mile per hour or engine speed less than or equal to 200 rp m above normal warmed

- up idle (as determined in the drive position for vehicles equipped with an automatic transmission)) for greater than or equal 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 vehicles with diesel engines certified on an engine dynamometer,A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 manufacturers may use diesel engine operation at or above 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 “cumulative

propulsion system active time” in lieu of “cumulative time since

e ngine start” for the criterion i n 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 confirmed fault codes may not require that the similar conditions be 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 the permanent fault code requiremen ts of section (d)(2.2.5), manufacturers may request Executive Officer approval to use alternate criteria to erase the permanent fault code. The Executive Officer shall approve alternate criteria that: (i) Will not likely require driving conditions that ar e 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 conditions necessary to erase the permanent faul t code. (E) If alternate criteria to erase the permanent fault 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 t he 2009 or 2010 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 requirements while sections (e) and (f) set forth the specific monitoring requirements as well as identify which of the following general monitoring requirements in section (d)(3) are applicable for each monitored component or system identified in sections (e) and (f). * * * * (3.2) As specifica lly 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 section (d)(3.2) shall be phased in as follows: 30 percent of all 2005 m odel year vehicles, 60 percent of all 2006 model year vehicles, and 100 percent of all 2007 and subsequent model year vehicles. Manufacturers may use an alternate phase

- in schedule in lieu of the required phase

- in schedule ifA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 the alternate phase

- in schedu le provides for equivalent compliance volume as defined in section (c) with the exception that 100 percent of 2007 and subsequent model year vehicles shall comply with the requirements. Small volume manufacturers shall meet the requirements on 100 percent of 2007 and subsequent model year vehicles but shall not be required to meet the specific phase

- in requirements for the 2005 and 2006 model years. (3.2.1) Manufacturers shall define monitoring conditions that, in addition to meeting the criteria in sectio n (d)(3.1), ensure that the monitor yields an in

- use performance ratio (as defined in section (d)(4)) that meets or exceeds the minimum acceptable in

- use monitor performance ratio on in

- use vehicles. For purposes of this regulation, except as provided bel ow 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 other cold start related monitors utilizing a denominator incremented in accordance with section (d)(4.3.2)(E); (B) For evaporative system monitors: (i) 0.260 for monitors designed to detect malfunctions identified in section (e)(4.2.2)(C) (i.e., 0.020 inch leak detection); and (ii) 0.520 for monitors designed to detect malfunctions 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 system, 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 three years a vehicle is certified to the in

- use performance ratio monitoring requirements of section (d)(3.2), 0.100 for all monitors specified 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 certified in the 2007 model year. (ii) t hrough the 2014 mo del year, for fuel system air

- fuel ratio cylinder imbalance monitors, 0.100; (iii) through the 2011 model year, for secondary exhaust gas sensor monitors specified in (e)(7.2.2)(C), 0.100; (iv) through the 2012 model year

, for vehicles subject to the monit oring requirements of section (f), 0.100 for all 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 sections (e) and (f) to meet the monitoring condition requirements of section (d)(3.2) and that are for systems or components that require engineA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 operation. * * * * (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), t T he denominator for each monitor shall be incremented within ten seconds if and only if the following criteria are satisfied on a single driving cycle: (i) Cumulative time since engine start is greater than or equal to 600 seconds while at an elevation of les s than 8,000 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, c umulative vehicle operation at or above 25 miles per hour occurs for greater tha n or equal to 300 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 (medium

- duty vehicles with diesel engines certified on an engine dynamometer may use cum ulative operation at or above 1150 rpm in lieu of at or above 25 miles per hour for purposes of this criteria); (iii) Continuous vehicle operation at idle (i.e., accelerator pedal released by driver and either vehicle speed less than or equal to one mile per hour or engine speed less than or equal to 200 rpm above normal warmed

- up idle (as determined in the drive position for vehicles equipped with an automatic transmission)) for greater than or equal to 30 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

. (iv) For 2004 through 2012 model year medium

- duty vehicles with diesel engines certified on an engine dynamometer, manufacturers may use diesel engine ope ration 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 sect ion (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 greater thanA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit; and ; (ii) Cumulative time since engine start is greater than or equal to 600 seconds while at an ambient temperature of greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit; and Engine cold start occurs with engine coolant temperature at engine start greater th an or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit and less than or equal to 12 degrees Fahrenheit higher than ambient temperature at engine start

. (iii) Engine cold start occurs with engine coolant temperature at engine s tart greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit and less than or equal to 12 degrees Fahrenheit higher than ambient temperature at engine start. (iv) For plug

- in hybrid electric vehicles, manufacturers ma y 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 co mmanded 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 equal to ten seconds, whichever occurs first: (i) Air cond itioning system (section (e)(12)) (ii) Variable valve timing and/or control system (sections (e)(13) and (f)(13)) (iii) “Other emission control or source device” (sections (e)(16) and (f)(16)) (iv) Comprehensive component output component (sections (e)(1 5) and (f)(15)) (e.g., turbocharger waste

- gates, variable length manifold runners, torque converter clutch lock

- up solenoids, etc.) (v) PM sensor heater (section (f)(5.2.4)(A)) * * * * (H) For monitors of the following components, the manufact urer 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 approval of the proposed criteria shall be based on the equivalence of the proposed criteria in measuring the frequency of monitor operationA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 relative to the amount of vehicle operation in accordance with the criteria in section (d)(4.3.2)(B) above: (i) Engine cooling system input components (sections (e)(10) and (f)(11)) (i i) Air conditioning system input components (section (e)(12)) (iii) Direct ozone reduction systems (section (e)(14)) (iv) “Other emission control or source devices” (sections (e)(16) and (f)(16)) (v) Comprehensive component input components that require

e xtended monitoring evaluation (sections (e)(15) and (f)(15)) (e.g., stuck fuel level sensor rationality) (vi) Comprehensive component input component temperature 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 (section (f)(5.2.2)(D)) * * * * (J) For hybrid vehicles, vehicles that employ alternate engine start hardware or strategies (e.g., integrated starter and generators)

, or alternate fuel vehicles (e.g., dedicated, bi

- fuel, or dual

- fuel applications), the manufacturer may request Executive Officer approval to use alternate criteria to that set forth in section (d)(4.3.2)(B) above for incrementing the denominator. In general, the Executive Officer shall not approve alternate criteria for vehicles that only employ engine shut off at or near idle/vehicle stop conditions. Executive Office r approval of the alternate criteria shall be based on the equivalence of the alternate criteria to determine the amount of vehicle operation relative to the measure of conventional vehicle operation in accordance with the criteria in section (d)(4.3.2)(B) above. (K) For 2014 and subsequent model year hybrid vehicles, in lieu of the criteria in section (d)(4.3.2)(B) above , t he denominator for each monitor shall be incremented within ten seconds if and only if the following criteria are satisfied on a single driving cycle: (i) Cumulative propulsion system active time is greater 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) C umulative vehicle operation at or above 25 miles per hour occurs for greater than or equal to 300 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 (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 forA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 purposes of this criteria); (iii) Continuous vehicle operation at idle (i.e., accelerator p edal released by driver and either vehicle speed less than or equal to one mile per hour or engine speed less than or equal to 200 rpm above normal warmed

- up idle (as determined in the drive position for vehicles equipped with an automatic transmission)) f or greater than or equal to 30 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; and (iv) Cumulative fueled engine operation for greater than or equal to 1 0 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 hybrid electric vehicles, in addition to the requirement s of section s (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 greater than or equal to 600 seconds while at an ambient temperature of g reater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit; (ii) Engine coolant temperature at the start of propulsion system active is greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit; and (iii) Continuous time while the vehicle is not in the state of

‘ propulsion system active ’ during the period immediately preceding the start of the driving cycle is greater than or equal to 6 hours. * * * * (5) Standardi zed tracking and reporting of monitor performance. * * * * (5.5) Ignition cycle counter (5.5.1) Definition: (A) The ignition cycle counter is defined as a counter 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) below, 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 w ith the specifications in section (g)(5.2.1)

. (C) For 2014 and subsequent model year plug

- in hybrid electric vehicles, the OBD II system shall report two ignition cycle counters (as defined in sections (d)(5.5.2)(B) and (C)). (D ) The ignition cycle counte r(s) shall be reported in accordance with the specifications in section (g)(5.2.1).A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (5.5.2) Specifications for incrementing: (A) The ignition cycle counter (s) , when incremented, shall be incremented by an integer of one. The ignition cycle counter (s)
may not be incremented more than once per driving cycle. (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 engi ne start definition (see section (c)) for at least two seconds plus or minus one second. (ii) For hybrid vehicles, the vehicle meets the propulsion system active definition (see section (c)) for at least two seconds plus or minus one second. (C) In additio n to the counter described in section (d)(5.5.2)(B) above, 2014 and subsequent model year plug

- in hybrid electric vehicles shall track and report a second ignition cycle counter that shall be incremented within ten seconds if and only if the vehicle has me t the fueled engine operation definition (see section (c)) for at least two seconds plus or minus one second The OBD II system shall disable further incrementing of the ignition cycle counter within ten seconds if a malfunction of any component used to det ermine 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 corresponding pending fault code has been stored. The ignition cycle counter may not be disabled from incrementing for any ot her condition. Incrementing of the ignition cycle counter shall resume 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 incrementing of the ignition cycle counter (s) within ten seconds if a malfunction of any component used to determine if the criteria in section (d)(5.5.2)(B) and (C) are satisfied (e.g., engine speed or time of operation) has been detected and the correspo nding pending fault code has been stored. The ignition cycle counter (s) may not be disabled from incrementing for any other condition. Incrementing of the ignition cycle counter (s) shall resume within ten seconds when the malfunction is no longer present (e.g., pending code erased through self

- clearing or by a scan tool command). * * * *

(e) **Monitoring Requirements for Gasoline/Spark**

**- Ignited Engines.** 
* * * * (3) Misfire Monitoring * * * * (3.3) Monitoring Conditions: (3.3.1) Manufacturers shall continuously monitor for misfire under the following conditions:A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (A) Except as provided in section (e)(3.3.6) below, f F rom no later than the end of the second crankshaft revolution after engine start,

* * * * (3.3.6) For engines that employ engine shutoff strategies that 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 Offic er approval of the monitoring conditions under which misfire monitoring occurs after engine fueling begins for the initial start and after each time fueling resumes. Executive Officer approval of the monitoring 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**

**- Ignition Engines.**  (1) Non

- Methane Hydrocarbon (NMHC) Converting Catalyst Monitoring * * * * (1.2) Malfunction Criteria: * * * * (1.2.3) Other Aftertreatment Assistance Functions. Additionally, for 2010 and subsequent model year vehicles, the catalyst(s) shall be monitored for other aftertreatment assistance functions: * * * * (B) For 201 0 5 and subsequent model year passenger cars, light

- duty trucks, and MDPVs certified to a chassis dynamometer tailpipe emission standard and 201 3 5 and subsequent model year medium

duty vehicles (including MDPVs) certified to an engine dy namometer tailpipe emission standard, for catalysts used to generate a feedgas constituency to assist SCR systems (e.g., to increase NO 2 concentration upstream of an SCR system), the OBD II system shall detect a malfunction when the catalyst is unable to generate the necessary feedgas constituents for proper SCR system operation. * * * * (9) Particulate Matter (PM) Filter Monitoring * * * * (9.2) Malfunction Criteria: * * * * (9.2. 4 ) NMHC conversion: For 201 0 5 and subsequent model year passenger cars, light

- duty trucks, and MDPVs certified to a chassis dynamometer tailpipe emission standard and 201 3 5 and subsequent model year medium

- duty vehicles (including MDPVs) certified to an engine dynamometer tailpipe emi ssion standard with catalyzed PM filters that convert NMHC emissions, the OBD II system shall monitor the catalyst function of the PM filter andA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 detect a malfunction when the NMHC conversion capability decreases to the point that NMHC emissions exceed the applicable emission levels specified in section (f)(9.2.2)(A). If no failure or deterioration of the NMHC conversion capability could result in a vehicle’s NMHC emissions exceeding these emission levels, the OBD II system shall detect a malfunction when t he 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 2013 2015 and subsequent model year vehicles that utilize fuel control system components (e.g., injectors, fuel pump) that have tolerance compensation features implemented in hardware or software during production or repair procedures ( e.g., individually coded injectors for flow characteristics that are programmed into an electronic control unit to compensate for injector to injector tolerances, fuel pumps that use in

- line resistors to correct for differences in fuel pump volume output), the components shall be monitored to ensure the proper compensation is being used. The system shall detect a fault if the compensation being used by the control system does not match the compensation designated for the installed component (e.g., the flow characteristic coding designated on a specific injector does not match the compensation being used by the fuel control system for that injector). If a manufacturer demonstrates that a single component (e.g., injector) using the wrong compensation cannot cause a measurable increase in emissions during any reasonable driving condition, the manufacturer shall detect a malfunction for the minimum number of components using the wrong compensation needed to cause an emission increase. Further, the stored fault code shall identify the specific component that does not match the compensation. * * * * (17) Exceptions to Monitoring Requirements (17.1) Except as provided in sections (f)(17.1.1) through (17.1.4) below, upon request of a manufacturer or upon the best engineering judgment of the ARB, the Executive Officer may revise the emission threshold for a malfunction on any diagnostic required in section (f) for medium

- duty vehicles if the most reliable monitoring method developed requires a higher threshold to prevent significant errors of commission in detecting a malfunction. Additionally, for 2007 through 2009 2013 model year light

- duty vehicles and 2007 through 2012 2013 model year medium

- duty vehicles, the Executive Officer may revise the PMA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 fi lter malfunction criteria of section (f)(9.2.1) to exclude detection of specific failure modes (e.g., combined failure of partially melted and partially cracked substrates) if the most reliable monitoring method developed requires the exclusion of specific failure modes to prevent significant errors of commission in detecting a malfunction. * * * *

(g) **Standardization Requirements** (1) Reference Documents: The following Society of Automotive Engineers (SAE) and International Organization for Standardization (ISO) documents are 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 201 1. * * * * (4) Required Emission Related Functions: The following standardized functions shall be implemented in accordance with the specifications in SAE J1979 to allow for access to the required information by a scan tool meeting SAE J1 978 specifications: * * * * (4.2) Data Stream: The following signals shall be made available on demand through the standardized data link connector in accordance with SAE J1979 specifications. The actual signal value shall always be used instead of a default or limp home value. * * * * (4.2.6) Additionally, for all 2013 and subsequent model year vehicles so equipped: (A) EGR temperature, variable geometry turbo control status (e.g., open loop, closed loop), reductant level (e.g., urea tank fill level), alcohol fuel percentage, type of fuel currently being used, NOx adsorber regeneration status, N O x adsorber deSOx status, hybrid battery pack remaining charge; and (B) PM sensor output and distance traveled whil e low/empty SCR reductant driver warning/inducement active. (4.2.7) Additionally, for all 2015 and subsequent model year vehicles: type of fuel currently being used. (4.3) Freeze Frame. * * * * (4.3.2) “Freeze frame” conditions must include the fault code which caused the data to be stored and all of the signals required in section (g)(4.2.1) except number of stored confirmed fault codes, OBD requirements to which the engine is certified, MIL status, an d absolute throttle position in accordance with (g)(4.3.3). Freeze frame conditions shall also include all of the signals required on theA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 emission

- critical powertrain control unit that stored the fault code except: oxygen sensor output, air/fuel ratio sensor output, catalyst temperature, evaporative system vapor pressure, glow plug lamp status, PM sensor output, NOx sensor output, monitor status since last engine shut off, distance traveled while MIL activated, distance 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 subject to fines pursuant to section 43016 of the California Health and Safety Code. Except as allowed in section (k)(7) for light

- duty and medium

- duty diesel vehicles, the specified fines apply to the third and subsequently identified deficiencies, with the exception that fines shall apply to all monitoring system deficiencies wherein a required monitoring strategy is completely absent fr om the OBD system. * * * * (4) Manufacturers must re

- apply for Executive Officer approval of a deficiency each model year. In considering the request to carry

- over a deficiency, the Executive Officer shall consider the factors identified in section (k)(1) including the manufacturer’s p rogress towards correcting the deficiency. For all deficiencies except for deficiencies associated with PM filter monitoring section (f)(9.2.1)(A), t T he Executive Officer may not allow manufacturers to carry over monitoring system deficiencies for more th an two model years unless it can be demonstrated that substantial vehicle hardware modifications and additional lead time beyond two years would be necessary to correct the deficiency, in which case the Executive Officer shall allow the deficiency to be ca rried over for three model years. For deficiencies associated with PM filter monitoring section (f)(9.2.1)(A), if the manufacturer can demonstrate that substantial vehicle hardware modifications and additional lead time would be necessary to correct the d eficiency, the Executive shall allow the deficiency 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 where one or more of the deficiencies is for the aftertreatment monitoring requirements of sections (f)(1), (2), (8), or (9) and the deficient monitor is properly able to detect all malfunctions prior to emission s exceeding twice the required monitor threshold (e.g., before emissions exceed 10 times theA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 standard for NMHC if the threshold is 5.0 times the standard for NMHC), the specified fines shall apply to the fourth and subsequently identified deficiencies in l ieu of the third and subsequently identified deficiencies. If none of the deficiencies are for the requirements of sections (f)(1), (2), (8), or (9) or if the deficient aftertreatment monitor exceeds twice the required monitor threshold, the specified fin es shall apply to the third and subsequently identified deficiencies. In all cases, the exception that fines shall apply to all monitoring 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 filtering performance monitoring (section (f)(9.2.1)(A)), in cases where the deficiency is for a monitor required to detect malfunction s of the PM filter filtering perf ormance (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 deficiency shall be exempt from the specified fines of section (k)(3) and the deficiency shall not be in cluded in the count of deficiencies used in (k)(2) to determine the number of deficiencies subject to fines.

* * * *

N OTE : Authority cited: Sections 39600, 39601, 43000.5, 43013, 43018, 43100, 43101, 43104, 43105, 43105.5 and 43 1 0 6 , Health and Safety Code. Reference: Sections 39002, 39003, 390 1 0, 390 18 , 3902 1.5 , 390 24 , 3902 4.5 , 390 27

, 3902 7.3 , 390 28 , 3902 9 , 3903 1 , 3903 2 , 3903 2.5 , 3903 3

, 3903 5 , 3903 7.05 , 3903 7.5 , 3903 8 , 3903 9 , 390 40 , 390 42 , 390 42.5 , 390 46 , 390 47 , 390 53 , 390 54

, 390 58 , 390 59

, 390 60 , 39 515 , 39 600

- 39 6 0 1

, 43000, 43000 .5 , 4300 4 , 4300 6

, 43013, 4301 6

, 43018, 43100, 43101, 43102, 43104, 4310 5

, 4310 5.5

, 4310 6

, 431 5 0, 431 51 , 431 52 , 431 53

, 431 54 , 431 55 , 431 56

, 4320 4

, 432 1 1, and 432 12

, Health and Safety Code.A

- 126

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 10 . Amend title 13, CCR, section 1968.5 to read as follows:

§196 8.5

. 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 Testing. After conducting enforcement testing pursuant to section (b)(4) above, the Executive Officer shall make a finding of nonconformance 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 sample indicate either that the average in

- us e 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 ratio of less than 0.100 for the same monitor:

a. monitors on 2004 through 2014 2016 model year vehicles certified to a ratio of 0.100 in accordance with title 13, CCR section 1968.2(d)(3.2.1) (D), b. monitors specified in title 13, CCR section 1968.2(e) on 2007 through 2012 model year vehicles for the first three model years the monitor is certified to the in

- use performance 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 imbalance 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 specified 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 1968.2(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 not described in sections (b)(6)(B)(i)b. through e . above, the data collectedA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 from the vehicles in the test sample indicate either that 66.0 percent or more of the vehicles in the test sample group have an in

- use monitor performa nce ratio of less than the 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 monitor performance ratio for one or more of the monitors in the motor vehicle class is less than the requir ed minimum ratio defined in title 13, CCR section 1968.2(d)(3.2.1) as defined by determining the average in

- use monitor performance ratio for one or more of the monitors in the test sample group is less than: a. 0.230 for secondary air system monitors and other cold start related monitors utilizing a denominator incremented 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 malfunctions 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 malfunctions 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 system, and all other monitors specifically required in section title 13, CCR sections 1968.2(e) and (f) to meet the monitoring condition 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 vehicles in a motor vehicle class that have been determined to be equipped with a nonconforming OBD II system if enforcement testing conducted pursuant to section (b) above or information received from the manufacturer indicates that: (i) For monitors on 2007 and subsequent model ye ar 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 monitors in the test sample group is less than or equal to 33.0 percent of the applicab le required minimum ratio established in title 13, CCR section 1968.2(d)(3.2.1) (e.g., if the required ratio is 0.336, lessA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 monitor performan ce ratio of less than or equal to 33.0 percent of the applicable required minimum ratio established in title 13, CCR section 1968.2(d)(3.2.1) for the same major monitor. For monitors on 2004 through 2014 2016 model year vehicles certified to the 0.100 ratio in title 13, CCR section 1968.2(d)(3.2.1)(D), the Executive Officer shall determine the remedial action for nonconformances regarding the in

- use monitor performance ratio in accordance with section (c)(4) b elow.

* * * *

N OTE : Authority cited: Sections 39600, 39601, 43000.5, 43013, 43018, 43100, 43101, 43104, 43105, 43105.5 43 1 0 6 , 43 154 , 432 1 1, and 432 12, Health and Safety Code. Reference: Sections 39002, 39003, 390 1 0, 390 18 , 3902 1.5 , 390 24

, 3902 4.5 , 390 27 , 3902 7.3 , 390 28 , 3902 9 , 3903 1

, 3903 2 , 3903 2.5 , 3903 3 , 3903 5 , 3903 7.05 , 3903 7.5 , 3903 8 , 3903 9 , 390 40 , 390 42 , 390 42.5

, 390 46 , 390 47 , 390 53 , 390 54 , 390 58 , 390 59 , 390 60 , 39 515 , 39 600

- 39 6 0 1 , 43000, 43000 .5

, 4300 4 , 4300 6 , 43013, 4301 6 , 43018, 43100, 43101, 43102, 43104, 4310 5

, 4310 5.5

, 4310 6

, 431 5 0, 431 51 , 431 52 , 431 53 , 431 54 , 431 55 , 431 56 , 4320 4 , 432 1 1, and 432 12

, Health and Safety Code.A

- 1 29

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 1 . Amend title 13, CCR, section 1976 to read as follows:

§ 19 76

. Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions

.
(a) [Fuel evaporative emission standards for 1970 through 1977 model passenger cars and light

- duty trucks. No change.]

(b)(1) Evaporative emissions for 1978 and subsequent model gasoline

- fueled, 1983 and subsequen t model liquefied petroleum gas

- fueled, and 1993 and subsequent model alcohol

- fueled motor vehicles and hybrid electric vehicles subject to exhaust emission standards under this article, except petroleum

- fueled diesel vehicles, compressed natural gas

- fuele d vehicles, hybrid electric vehicles that have sealed fuel systems which can be demonstrated to have no evaporative emissions, and motorcycles, shall not exceed the following standards:

(A) [Evaporative emission standards for 1978 through 1994 model motor vehicles. No change.]

(B) [Evaporative emission standards on the three

- day diurnal test for 1995 through 2005 model motor vehicles. No change.]

(C) [Evaporative emission standards on the supplemental two

- day diurnal test for 1995 through 2005 model motor vehicles. No change.]

(D) [Zero

- emission vehicle evaporative requirements. No change.]

(E) For 2001 through 2014 model year vehicles, T t he optional zero

fuel evaporative emission standards for the three

- day and two

- day diurnal

- plus

hot

- soak tests are 0.35 grams per test for passenger cars, 0.50 grams per test for light

- duty trucks 6,000 lbs. GV WR and under, and 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, upholstery, tires, and other vehicle sources). Vehicles demonstrating compliance with these 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 first. In lieu of demonstrating compliance with the zero (0.0) grams of fuel evaporative emissions per test over the three

- day and two

- day diurnal

- plus

- hot

- soak tests, the manufacturer may submit for advance Executive Officer approval a test plan to demonstrate that the vehicle has zero (0.0) grams of fuel evaporative emissions throughout its useful life.

Additionally, in the case of a SULEV vehicle for which a manufacturer is seeking a partial ZEV credit, the manufacturer may prior to certification elect to haveA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 measured fuel evaporative emissions reduced by a specified value in all certification and in

- us e testing of the vehicle as long as measured mass exhaust emissions of NMOG for the vehicle are increased in all certification and in

- use testing. The measured fuel evaporative emissions shall be reduced in increments of 0.1 gram per test, and the measure d mass 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. For the purpose of this

ca lculation, the evaporative emissions shall be measured, 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 with the test procedures describ ed in Title 40, Code of Federal Regulations, sections 86.130

- 78 through 86.143

- 90 as they existed July 1, 1989 and as modified 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 alcohol

- 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 vehicles which are not exhaust emission tested using a chassis dynamometer pursuant to section 1960.1 or 1961, title 13, California Code of Regulations shall be based on an engineering evaluation 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 manufacturers, shall certify at a minimum the specified percentage of its vehicle fleet to the evaporative emission standards in this table orA

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 the optional zero

- evaporative emission standards in section 1976(b)(1)(E) according to the schedule set forth below. For purposes of this paragraph (a), each manufacturer’s vehic le fleet consists of the total projected California sales of the manufacturer’s gasoline

- fueled, liquefied petroleum

- fueled and alcohol

- fueled passenger 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 percent of its 2006 and subsequent model vehicle fleet to the evaporative emission standards in the table or the optional zero

evaporative emission standards in section 1976(b)(1)(E).

All 2004 through 2005 model

- year motor vehicles which 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 Equivalent Phase

- in Schedule” to comply with the phase

- in requirements. An “Alternative Phase

- in” is one that achieves at least equivalen t emission reductions by the end of the last model year of the scheduled phase

in. Model

- year emission reductions shall be calculated by multiplying the percent of vehicles (based on the manufacturer’s projected California sales volume of the applicable

v ehicle fleet) meeting the new requirements per model year by the number of model years implemented prior to and including the last model year of the scheduled phase

- in. The “cumulative total” is the summation of the model

- year emission reductions (e.g., t he three model

- year 40/80/100 percent phase

- in schedule 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 reductions. Any alternative phase

- in t hat 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 shall be considered acceptable by the Executive Officer only if all vehicles subject to the phase

- in comply wi th the respective requirements in the last model year of the required phase

- in schedule. A manufacturer 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 introd uced one year before the scheduled phase

- in begins would be calculated as: (10%*4 years)=40) and added to the cumulative total.

(c) These evaporative emission standards do not apply 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 compliance standards of 1.75 times the “Three

- Day Diurnal + H ot

- 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, the following evaporative emission r equirements apply:A

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1. A manufacturer must certify all vehicles subject to this section to the emission standards specified in either Option 1 or Option 2 below.

a. Option 1 . The evaporative emissions from 2015 and subsequent model motor vehicles, tested in accordance with the test procedure sequence described in the “California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles,” incorporated by reference in section 1976(c), shall not exceed:

Vehicle T ype 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 alcohol

- 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 vehicles that are not exhaust emission 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 submitted by the applicant.

3 In lieu of demonstrating compliance with the fu el

- only emission standard (0.0 grams per test) over the three

- day and two

- day diurnal plus hot soak tests, a manufacturer may, with advance Executive Officer approval, demonstrate compliance through an alternate test plan.

b. Option 2 . The evaporative emissions from 2015 and subsequent model motor vehicles, tested in accordance with the testA

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 procedure sequence described in the “California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles,” incorporated by reference in section 1976(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 alcohol

- 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 years or 150,000 miles, whichever occurs first. Approval of vehicles that are not exhaust emission tested using a chassis dynamometer
pursu ant to section 1961, title 13, California Code of Regulations shall be based on an engineering evaluation of the system and data submitted by the applicant. The canister bleed emission standard does not have a useful life requirement.

3 The manufacturer shall determine compliance by selecting the highest whole vehicle diurnal plus hot soak emission value of the Three

- Day Diurnal Plus Hot Soak Test and of the Two

Day 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 soak emission standards by using fleet

- average hydrocarbon emission values. To participate, a man ufacturer must utilize the fleet

- average option for all of its emission standard categories and calculate a separate fleet

- average hydrocarbon emission value for each emission standard category. TheA

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- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 emission standard categories are as follows: (1) passen ger 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 and 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

- duty and heavy

- duty vehicles. The fleet

- average hydrocarbon emission value for each emission 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 model year;

“number of vehicles in the evaporative family” = the number of vehicles produced and delivered for sale in California in the evaporative family;

"family emission limit" = the numerical value selected by the manufacturer for the evaporative family that serves as the emission standard 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 l imit 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 for light

- duty trucks 6,001

- 8,500 pounds GVWR; and 1.000 grams for medium

- duty 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 the Fleet

- Average Option

. (1) Calculation of Hydrocarbon C redits or Debits . For each emission standard category in the model year, a manufacturer shall calculate the hydrocarbon 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 total 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, and a positive number constitutes hydrocarbon credits accrued by the manufactur er for the given model year. Hydrocarbon credits earned in a given model year shall retain full value through the fifth model year after they are earned. At the beginning of the sixth model 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 standard category within three model years after the debits have been incurred. If total hydrocarbon debits are not equalized wi thin threeA

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Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 model years after they have been incurred, the manufacturer shall be subject to the Health and Safety Code section 43211 civil penalties applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission stan dards adopted by the state board. The cause of action shall be deemed to accrue when the hydrocarbon 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 me eting 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 we re first incurred.

Additionally, a manufacturer may use the excess hydrocarbon credits from the emission standard categories of (1) passenger cars and light

- duty trucks 6,000 pounds GVWR and under, and 0

- 3,750 pounds LVW and (2) light

- duty trucks 6,000 pounds GVWR and under, and 3,751

– 5,750 pounds LVW to equalize the hydrocarbon debits that remain at the end of the three model year offset period of any emission standard category.

6 Vehicle Canister Bleed Emission . Compliance with the canister bleed emission standard shall be determined based on the Bleed Emission Test Procedure described in the “California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles,” incorporated by reference in section 1976(c), an d demonstrated on a stabilized canister system. Vehicles with a non

- integrated refueling 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 percentage 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 schedule 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 standards in section 1976(b)(1)(G)1. All 2015 through 2022 model motor vehicles that are not subject to thes e standards pursuant to the phase

- in schedule shall comply with the requirements for 2004 through 2014 model motor 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)

2018 and 2019 60

2020 and 2021 80

2022 and subsequent 100

1 For the 2018 through 2022 model years only, a manufacturer 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 s cheduled phase

- in (2022). The compliance volume is the number 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 of years impl emented prior to andA

- 136

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 including the last model year of the scheduled phase

- in, then summing these yearly results to 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 fo llows: (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 emission standards is 1040. The Executive Officer shall consider acceptable an y alternate phase

- in schedule that results in an equal or larger cumulative total by the end of the last model year of the scheduled phase

- in (2022).

2 Small volume manufacturers are not required to comply with the phase

- in schedule set forth in this tab le. Instead, they shall certify 100 percent 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 minimum percentage required in the 2015, 20 16, and 2017 model years is determined by averaging the percentage of vehicles certified to the emission standards in section 1976(b)(1)(E) in each of the manufacturer’s 2012, 2013, and 2014 model year vehicle fleets. For the purpose of calculating this a verage, a manufacturer shall use the percentage of vehicles produced and delivered for sale in California for the 2012 and 2013 model years, and the percentage of projected sales in California for the 2014 model year.

3. Carry

- Over of 2014 Model

- Year Evaporative Families Certified to the Zero

- Fuel Evaporative Emission Standards . 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) throu gh the 2018 model year and be considered compliant with the requirements of section 1976(b)(1)(G)1. If the manufacturer chooses to participate in the fleet

- average option for the highest whole vehicle diurnal plus hot soak emission standard, the following family emission limits are assigned to these evaporative families for the calculation of the manufacturer’s fleet

- average hydrocarbon emission value.

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 Vehicle Diurnal Plus Hot SoakA

- 137

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 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 cars, l ight

- duty trucks, medium

- duty passenger vehicles, medium

duty vehicles, and heavy

- duty vehicles that are certified to the California evaporative emission standards in section 1976(b)(1)(G)1.b., and are produced and delivered for sale in California; or Poo ling Option 2: the total number of passenger cars, light

- duty trucks, medium

- duty passenger vehicles, medium

duty vehicles, and heavy

- duty vehicles that are certified to the California evaporative emission standards in section 1976(b)(1)(G)1.b., and are pr oduced and delivered for sale in California, the District of Columbia, and all states that have adopted California's evaporative emission standards set forth in section 1976(b)(1)(G)1. for that model year pursuant to section 177 of the federal Clean Air Ac t (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 model year, either: Pooling Option 1: the total num ber of passenger cars, light

- duty trucks, medium

- duty passenger vehicles, medium

- duty vehicles, and heavy

- duty vehicles that are certified to the California evaporative emission standards in section 1976(b)(1)(G)1., and are produced and delivered for sale in California; or Pooling Option 2: the total number of passenger cars, light

- duty trucks, medium

- duty passenger vehicles, medium

- duty vehicles, and heavy

- duty vehicles that are certified to the California evaporative emission standards in section 1976(b) (1)(G)1., and are produced and delivered for sale in California, the District of Columbia, and all states that have adopted California's evaporative emission standards set forth in section 1976(b)(1)(G)1. for that model year pursuant to section 177 of the federal Clean Air Act (42 U.S.C. § 7507).

c. A manufacturer that selects Pooling 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 Pooling Option 1.

d. When a manufacturer is demonstrating compliance using Pooling Option 2 for a given model year, the term "in California" as usedA

- 138

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 in section 1976(b)(1)(G) means California, the District of Columbia, and all states that have adopted California's evaporati ve emission standards for that model year pursuant to Section 177 of the federal Clean Air Act (42 U.S.C. § 7507).

e. A manufacturer that selects Pooling Option 2 must provide to the Executive Officer separate values for the number of vehicles produced a nd delivered for sale in the District of Columbia and for each individual state within the average.

(b)(2) [Evaporative emission standards for gasoline

- fueled motorcycles. No change.]

(c) The test procedures for determining compliance with the standards in subsection (b) above applicable to 1978 through 2000 model year vehicles are set forth in “California Evaporative Emission Standards and Test Procedures for 1978

- 2000 Model Motor Vehicles ,” adopted by the state board on April 16, 1975, as last amended August 5, 1999, which is incorporated herein by reference. The test procedures for determining compliance with standards applicable to 2001 and subsequent model year vehicles are set forth i n 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 [ INSERT DATE OF AMENDMENT ], which is incorporated herei n 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 system” 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, where other non

- refuel ing 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, 39601, 39667, 43013, 43018, 43101, 43104, 43105, 43106 and 43107, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43204 and 43205 Health and Safety Code.A

- 139

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 2 . Amend title 13, CCR, section 1978 to read as follows:

§19 7 8

. Stand ards and Test Procedures for Vehicle Refueling Emissions

.

(a)(1) Vehicle refueling emissions for 1998 and subsequent model gasoline

- fueled, alcohol

- fueled, diesel

- fueled, liquefied petroleum gas

- fueled, fuel

- flexible, and hybrid electric passenger cars, light

- duty trucks, and medium

duty vehicles with a gross vehicle weight rating less than 8501 pounds, shall not exceed the following standards. and 2015 and subsequent model gasoline

fueled, alcohol

- fueled, diesel

- fueled, liquefied petroleum gas

- fueled, fu el

- flexible, and hybrid electric medium

- duty vehicles with a gross vehicle weight rating between 8,501 and 14,000 pounds, shall not exceed the following standards. Natural gas

- fueled vehicles are exempt from meeting these refueling standards, but the refu eling receptacles on natural gas

- fueled vehicles must comply with the receptacle provisions of the American National Standards Institute/American Gas Association Standard for Compressed Natural Gas Vehicle Fueling Connection Devices, ANSI/AGA NGV1 standard

- 1994, which is incorporated herein by reference. The standards apply equally to certification and in

- use vehicles.

Hydrocarbons (for gasoline

- fueled, diesel

- fueled, and hybrid electric vehicles): 0.20 grams per gallon of fuel dispensed.

Organic Material Hydrocarbon Equivalent (for alcohol

- fueled, fuel

- flexible, and hybrid electric vehicles): 0.20 grams per gallon of fuel dispensed.

Hydrocarbons (for liquefied petroleum gas

- fueled vehicles): 0.15 gram per gallon of fuel dispensed.

(2) Vehicles powered b y diesel fuel are not required to conduct testing to demonstrate compliance with the refueling emission standards set forth above, provided that all of the following provisions are met:

(A) The manufacturer can attest to the following evaluation: “Due to the low vapor pressure of diesel fuel and the vehicle tank temperatures, hydrocarbon vapor concentrations are low and the vehicle meets the 0.20 grams/gallon refueling emission standard without a control system.”

(B) The certification requirement descri bed in paragraph (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 reserves the authority to require testing to enforce compliance and to prevent nonco mpliance with the refueling emission standard.A

- 140

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Vehicles certified to the refueling emission standard under this provision shall not be counted in the phase

- in sales percentage compliance determinations.

(3) Through model year 2014, the The manufacturer shall adhere to the following phase

- in schedule, as determined by projected vehicle sales throughout the United States, with the exception of small volume 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 manufacturers are defined for purposes of this section as any vehicle manufacturer with California actual sales less than or equal to 3000 new vehicles per model year based on the average number of vehicles so ld by the manufacturer in the previous three consecutive years.

(B) Small volume manufacturers of passenger cars, as defined in subsection (a)(3)(A), are exempt from the implementation schedule in subsection (a)(3) for model year 1998 and 1999. For small volume 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. Small volume manufacturers o f 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 subject to the refueling emission standards in section 1978(a)(1) shall demonstrate compli ance except i ncomplete vehicles of 14,000 pounds gross vehicle weight rating or less that are optionally certified to complete heavy

- duty vehicle standards under the provisions of 40 CFR §86.1801

– 01(c)(2).

(5) Carry

- Over of 2014 Model Year Families: 2014 model year motor vehicles certified to the refueling emission standards 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 are set forth in the “CaliforniaA

- 141

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 Refueling Emission Standards and Test Procedures for 1998

- 2000 Model Year Motor Vehicles,” as ame nded August 5, 1999, which is incorporated herein by reference. The test procedures for determining compliance with standards applicable to 2001 and subsequent gasoline, alcohol, diesel, and hybrid electric passenger cars, light

- duty trucks, and medium

- dut y vehicles are set forth in the “California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles,” adopted August 5, 1999, and last amended September 27, 2010 ] [ insert date of amendment for this rulemaking ]

, which i s incorporated herein by reference.

N OTE : 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, 431 01, 43101.5, 43102, 43104, 43105, 43106, 43204 and 43205, Health and Safety Code.A

- 142

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 3 . Amend title 13, CCR, section 2037 to read as follows:

§2037. Defects Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light

- Duty Trucks, Medium

- Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles.

* * * *

(g) Prior to the 2001 model year, each manufacturer shall submit the documents required by sections (c)( 5 ), (e), and (f) with the manufacturer’s preliminary application for new vehicle or engine certification for approval by the Executive Officer. For 2001 and subsequent model years, each manufacturer shall submit the documents required by section (c)( 5 ), (e), and (f) with the Part 2 Application for Certification pursuant to the “ Califo rnia 2001 through 201 4 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 200 9 through 2016 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 19 61(d)

, or the “California 201 5 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 title 13, CCR section 1961.2 ( d )

, as applicable . The Executive Officer may reject or require modification of any of the documents r equired 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 certification. The Executive Officer sha ll approve or disapprove the documents required by sections (c), (e), and (f) within 90 days of the date such documents are received from the manufacturer. Any disapproval shall be accompanied by a statement of the reasons thereof. In the event of disapp roval, the manufacturer may petition the Board to review the decision of the Executive Officer.

* * * *

NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, 44004, 44010, 44011, 44012, 44015, and 44017, Health and Safety Code.A

- 143

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 4 . Amend title 13, CCR, section 2038, to read as follows:

§2038. Performance Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light

- Duty Trucks, and Medium

- Duty Vehicles, and Motor Vehicle Engines U sed in Such Vehicles

* * * *

( c ) Written Instructions

.

* * * *

( 3 ) F o r 2001 and subsequent model year s , each vehicle or engine manufacturer shall submit the documents required by section (c)(1) with the Part 2 Application for Certification pursuant to the “ California 2001 through 201 4 Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and for 200 9 through 2016 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 19 61(d) , or the “California 201 5 and Subsequent Model Criteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 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 title 13, CCR section 1961.2 ( d )

, as applicable

.

* * * *

NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, 44004, 44010, 44011, 44012, 44014, and 44015, Health and Safety Code.A

- 144

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 5 . Amend title 13, CCR, section 2062 to read as follows:

§2062. Assembly

- Line Test Procedur es - 1998 and Subsequent Model Years.

New 1998 through 2000 model

- year passenger cars, light

- duty trucks, and medium

- duty vehicles, subject to certification and manufactured for sale in California, except for zero

- emission vehicles and medium

- duty vehicl es certified according to the optional standards and test procedures 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 Ca rs, Light

- Duty Trucks and Medium

- Duty Vehicles

, ” adopted June 24, 1996, a s last amended August 5 , 199 9 , which is incorporated herein by reference. New 2001 and subsequent model

- year passenger cars, light

- duty trucks, and medium

- duty vehicles, subject to c ertification and manufactured for sale in California, except for zero

- emission vehicles and medium

- duty vehicles certified according to the optional standards and test procedures of Section 1956.8, Title 13, California Code of Regulations, shall be tested in accordance with the “California Assembly

- Line Test Procedures for 2001 and Subsequent Model

- Year Passenger Cars, Light

- Duty Trucks and Medium

- Duty Vehicles.” adopted August 5, 1999, which is incorporated herein by reference. These test procedures shall also apply to federally certified light

- duty motor vehicles, except as provided in “Guidelines for Certification of 1983 and Subsequent T hrough 2002 Model

- Year Federally Certified Light

- Duty Motor Vehicles for Sale in California,” adopted July 20, 1982, as last amended July 12, 1991 July 30, 2002

, and the “Guidelines for Certification of 2003 and Subsequent Model

- Year Federally Certified Light

- Duty Mot or Vehicles for Sale in California,” adopted July 3 0, 2002

, which is are incorporated herein by reference.

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.A

- 145

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 6 . Amend Title 13, CCR, section 2112 to read as follows:

§2112. Definitions.

* * * *

(b) “Correlation factor” means a pollutant

- specific multiplicative factor calculated by a manufacturer for an engine family or test group which establishes a relationship between chassis exhaust emission data, as determined from the test procedures specified in section 1960.1

, or 1961 , or 1961.2 , Title 13, California Code of Regulations, and engine exhaust emission data, as determined from the test procedures specified in section 1956.8, Title 13, California Code of Regulations.

* * * *

(l)(9) For 2001 and subsequent

- through 201 9 model year medium

- duty low

- emission, ultra

- low

- emission and super

- ultra

- low

- 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, whiche ver occurs first. For 2001 and subsequent through 2019 medium

- duty low

- emission, ultra

low

- emission and super

- ultra

- low

- emission vehicles certified to the optional 150,000 mile standards in section 1961(a)(1), and motor vehicle engines used in such vehicl es, a period of use of fifteen years or 150,000 miles, whichever occurs first. For all other 1995 and subsequent model

- year medium

- duty vehicles, and motor vehicle engines used in such vehicles, and 1992 through 1994 model

- year medium

- duty low

- emission, and ultra

- low

- emission vehicles certified to the standards in Section 1960.1(h)(2), and motor vehicle engines used in such vehicles, a period of use of eleven years or 120,000 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

, the useful life shall be fifteen years or 150,000 miles, whichever occurs first.

[renumber subsections (l) ( 1 8 ) through (l)(23) as (l) ( 1 9 ) 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, 43212, 43213, and 43806, Health and Safety Code ; and Section 28114, Vehicle Code

.A

- 146

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 7 . Amend title 13, CCR, section 2139 to read as follows:

§2139. Testing.

After the vehicles have b een accepted and restorative 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

- use compliance emission test s shall be performed pursuant to section 1960.1

, or 1961, or 1961.2, Title 13, California Code of Regulations, as applicable.

(b) For medium

- duty vehicles certified according to the chassis standards and test procedures specified in section 1960.1

, or 196 1, or 1961.2, Title 13, California Code of Regulations and the documents incorporated by reference therein, in

- use compliance emission tests shall be performed pursuant to section 1960.1

, or 1961, or 1961.2, Title 13, California Code of Regulations, as

a pp licable.

(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 reference therein, in

- use compliance emission tests shall be performed pursuant to one of the following procedures:

* * * *

(2) Medium

- duty vehicles may be tested according to the chassis test procedures specified in section 1960.1(k)

, or 1961, or 1961.2, as applicable, if a manufacturer develops correlation factors which establish the relationship between engine and chassis testing for each engine family or test group and submits these correlation factors within one year after the beginning of production. The correlation factors shall be applied to the measured in

- use engine exhaust emission data to determine the in

- use engine exhaust emission levels. All correlation factors and supporting data included in a manufacturer’s application must be submitted to and approved by the Executive Of ficer in advance of their use by a manufacturer. Correlation factors intended to apply to a specific engine family or test group shall be applicable for each vehicle model incorporating that specific engine. Manufacturers shall submit test data demonstra ting 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 engin eering evaluation based upon a comparison with similar vehicle models. The Executive Officer shall approve a submitted correlation factor if it accurately corresponds to other established empirical andA

- 147

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 theoretical correlation factors and to emission test data available to the Executive Officer.

A manufacturer may choose to use the results from the chassis in

- use testing as a screening test. If an engine family or test group does not demonstrate compliance with any of the applicable in

- use engine standard s, as determined from the chassis test data and the applied correlation factors, the manufacturer shall be subject to the requirements and 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 engine family or test group for each subsequent year until compliance with the engine emission standards is demonstrated.

Subsequent to approval of the correlation factors, the Executive Officer may make a determinatio n that the original correlation factors are not valid. Such a determination may be based upon in

- use emission data, including chassis and engine testing. Upon determination that the correlation factors for a specific engine family or test group are not v alid, the manufacturer of the engine family or test group shall be subject to the enforcement testing requirements and costs of in

- use compliance engine testing, as specified in section 2139(c)(1).

* * * *

NOTE: Authority cited: Sections 39600, 39601, 43 013, 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.A

- 148

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 8 . Amend title 13, CCR, section 2140 to read as follows:

§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, 1961, 1961.2, 1956.8, 1958

, 2412, 2423, or 2442, the entire vehicle population so represented shall be deemed to exceed such stan dards. The Executive Officer shall notify the manufacturer of the test results and upon receipt of the notification, the manufacturer shall have 45 days to submit an influenced recall plan in accordance with Sections 2113 through 2121, Title 13, 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 Code of Regulations.

NOTE : Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107, 43204

- 43205.5 and 43211

- 43213, Health and Safety Code.A

- 149

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 1 9

. Amend title 13, CCR , section 2145 to read as follows:

§2145. Field Information Report.

* * * *

(b) All field information reports shall be submitted 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 California

- certified vehicles or engines affected including make, model, model

- year, engine family or test group and such other information as may be required to identify the vehicles or engines affected. The description shall include those engine families or test groups related to the affected engine family or test group through common certification test data allowed under Title 40, Code 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” engine families or test groups).

* * * *

NOTE: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204

- 43205.5, Health and Safety Code.A

- 150

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 20 . Amend title 13, CCR, section 2147 to read as fo llows:

§2147. Demonstration of Compliance with Emission Standards.

* * * *

(b) A manufacturer may test properly maintained in

- use vehicles with the failed emission

- related component pursuant to the applicable certification emission tests specified in Title 13, California Code of Regulations, Section 1960.1

, or 1961, or 1961.2, as applicable, for passenger cars, light

- duty trucks

, and medium

- duty vehicles, Section 1956.8 for heavy

- duty engines and vehicles, Section 1958 for motorcycles

, and Section 2442 for s t e r ndrive/inboard marine engines

. The emissions shall be projected to the end of the vehicle’s or engine’s useful life using in

- use deterioration factors. The in

- use deterioration factors shall be chosen by the manufacturer from among the following :

* * * *

(3) s ubject 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 certification emission tests performed on properly maintained and used vehicles in accordance with the procedures set forth in Section 1960.1

, or 1961, or 1961.2, of Title 13 of the California Code of Regulations

, as applicable

, for passenger cars, light

- duty trucks, and medium

duty vehicles; S ection 1956.8 of Title 13 of the California Code of Regulations for heavy duty vehicles and engines; and Section 1958 of Title 13 of the California Code of Regulations for motorcycles, and if the vehicles 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 43105, Health and Safety Code. Reference: Section s 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204

- 43205.5, Health and Safety Code.A

- 151

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 2 1 . Amend title 13, CCR, section 2 235 to read as follows:

§ 2235

. Requirements

.

New 1977 and subsequent through 2014 model

- year gasoline

- fueled motor vehicles and 1993 and subsequent through 2014 model

- year methanol

fueled passenger cars, light

- duty trucks, medium

- duty vehicles and heavy

- duty vehicles shall not be sold, offered for sale or registered in California unles s such vehicles comply with the Air Resources Board's "Specifications for Fill Pipes and Openings of 1977 through 2014 Model Motor Vehicle Fuel Tanks," dated March 19, 1976 as last amended January 22, 1990 [INSERT DATE OF AMENDMENT] 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 cars, light trucks, medium

- duty vehicles, and heavy

- duty vehicles shall not be sold, offered for sale, or registered in California unless such vehicles comply with the “Specifications for Fill Pipes and Openings of 2015 and Subsequent Model Motor Vehicle Fuel Tanks,” dated [INSERT DATE OF ADOPTION] . Motorcycles are exempted pursuant to Chapter 1, Article 2, Section 1976(b).

NOTE: Authority cited: Sections 39600, 39601 , 43013, 43018, 43101, 43104, 43107

, and 43 835

, 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

.A

- 152

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 2 2 . Amend title 13, CCR, section 2317 to read as follows:

§ 2317. Satisfaction of Designated Clean Fuels Requirements with a Substitute Fuel.

(a) Any person may petition the state board to designate b y regulation a substitute fuel which may be used instead of a primary 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 th e petitioner has demonstrated all of the following:

(1) That use of the fuel in low

- emission vehicles certified on the primary designated clean fuel will result in emissions of NMOG (on a reactivity

- adjusted basis), NOx, and CO no greater than the corresponding emissions from such vehicles fueled with the primary designated clean fuel, as determined pursuant to the procedures set forth in the “ California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels through 2014 ,” as adopted Nov ember 2, 1993 amended [INSERT DATE OF AMENDMENT] or the “California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels in 201 5 and Subsequent Years ,” as adopted [INSET DATE OF AMENDMENT ]

, as applicable

, which is are incorporated herein by reference.

(2) That use of the fuel in low

- emission vehicles certified on the primary designated clean fuel will result in potential health risks from exposure to benzene, 1,3

- butadiene, formaldehyde, and acetadehyde in the aggreg ate no greater than the corresponding potential health risks for such vehicles fueled with the primary designated clean fuel, as determined pursuant to the procedures set forth in the “California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels through 2014” or the “California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels in 201 5 and Subsequent Years ,” as applicable

. ,” as adopted November 2, 1993, which is are incorporated herein by reference.

(3) That if the propos ed substitute fuel may be used 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

- ad justed basis), NOx, and CO as determined pursuant to the procedures set forth in the “California Test Procedure for Evaluating the Emission Impacts of Substitute Fuels or and New Clean Fuels through 2014” or the “California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels in 201 5 and Subsequent Years ,” as applicable

, ” as adopted November 2, 1993, which is are incorporated herein by reference ; andA

- 153

Date of Release: Decemb er 7 , 2011; 45

- day Notice Versio n Date of Hearing: Janua r y 26 , 201 2 (B) Use of the substitute fuel in such other mot or vehicles would result in potential health risks from exposure to benzene, 1,3

- butadiene, formaldehyde, and acetadehyde in the aggregate no greater than the corresponding potential health risk from the emissions from such vehicles when operating on their customary fuel, as determined pursuant to the procedures set forth in the “California Test Procedure for Evaluating the Emission Impacts of Substitute Fuels or and New Clean Fuels through 2014” or the “California Test Procedure for Evaluating Substitute F uels and New Clean Fuels in 201 5 and Subsequent Years ,” as applicable

, ” as adopted November 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 control system on the vehicle and would not void the warranties of any such vehicles.

* * * *

N OTE : Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 3 9667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975).