APPENDIX A

Proposed Regulation Order
45-Day Notice version A-1

Release Date: July 29, 2005

Hearing Date: September 15, 2005

PROPOSED REGULATION ORDER

Amend the following sections of title 13, California Code of Regulations, to read as set

forth in the following pages:

Amend:

Section 1956.1 Exhaust Emission Standards and Test Procedures –

1985 and Subsequent Model Heavy Duty Urban Bus

Engines and Vehicles

Section 1956.8(a)(2)(A) Exhaust Emissions Standards and Test Procedures –

1985 and Subsequent Model Heavy-Duty Engines

and Vehicles

Section 2023.1(a) Fleet Rule for Transit Agencies – Urban Bus

Requirements

Notes: This document is printed in a style to indicate changes to the preexisting

regulations. The proposed amendments are shown in underline to

indicate additions and strikeout to indicate deletions. The symbol “* * * *

*” means that intervening text not being amended is not shown. “[No

Change]” means that no changes are being proposed to a specified

subsection, the text of which is not shown. Subsection headings are

shown in italics and should be italicized in Barclays California Code of

Regulations.

The existing Fleet Rule for Transit Agencies is located with the

heavy-duty engine emission standards in title 13, CCR, sections 1956.2-

1956.4. At its February 24, 2005 hearing, the Board approved staff's

proposal to move the existing sections for the Fleet Rules for Transit

Agencies to new sections which cover rules for controlling diesel

emissions from existing in-use engines or fleets. As a result, upon final

approval by the Office of Administrative Law, section 1956.2 will be

renumbered as section 2023.1, and will reflect amendments to the text of

former 1956.2 approved at the February 2005 hearing. In this document,

the Fleet Rule for Transit Agencies – Urban Bus Requirements is

accordingly shown as section 2023.1, with the amendments to the text of

former section 1956.2 approved at the February 2005 hearing shown in

italic underline to indicate additions, and italic strikeout to indicate

deletions.

The text of sections 2020 and 2021, with amendments approved by the

Board at its February 24, 2005 hearing but not yet final, is provided for

information only. As is the case above, amendments approved at that

hearing to add language are shown in italic underline, and amendments

deleting language are shown in italic strikeout.
45-Day Notice version A-2

Release Date: July 29, 2005

Hearing Date: September 15, 2005

PROPOSED REGULATION ORDER

Amend title 13, California Code of Regulations, section 1956.1 to read as follows:

§ 1956.1 Exhaust Emission Standards and Test Procedures - 1985 and

Subsequent - 2006 Model Year Heavy Duty Urban Bus Engines and Vehicles

(a) The exhaust emissions from new 1985 and subsequent through 2006 model

year-heavy-duty diesel cycle urban bus engines and vehicles fueled by

methanol, natural gas, liquefied petroleum gas, and petroleum shall not

exceed the following, by model year:

(1) [No Change]

(2) [No Change]

(3) [No Change]

(4) [No Change]

(5) [No Change]

(6) [No Change]

(7) October 1, 2002, PM standard – For diesel-fueled, dual-fuel, and bifuel bus engines except for heavy-duty pilot ignition engines, the PM

standard shall be 0.01 g/bhp-hr (0.01 PM g/bhp-hr in-use) for 2002 and

subsequent model year engines produced beginning October 1, 2002.

Manufacturers may choose to meet this standard with an

aftertreatment system that reduces PM to 0.01 g/bhp-hr.

(8) October 2002-2006 optional standards – Except for diesel-fueled, dualfuel, and bi-fuel engines but including heavy-duty pilot ignition engines,

manufacturers may choose to certify 2002 – 2006 model year bus

engines produced beginning October 1, 2002, to an optional 1.8 g/bhphr to 0.3 g/bhp-hr NOx plus NMHC standard, measured as the

arithmetic sum of the NOx and NMHC exhaust component certification

values, without restriction on individual component certification values;

provided that engines certified to this optional reduced-emission NOx

plus NMHC standard may not participate in any averaging, banking, or

trading program set forth in the test procedures document incorporated

by reference in subdivision (c) of this section. A manufacturer may

certify to any standard between the values of 1.8 g/bhp-hr to 0.3 g/bhphr, by 0.3 g/bhp-hr NOx + NMHC increments. Manufacturers certifying
45-Day Notice version A-3

Release Date: July 29, 2005

Hearing Date: September 15, 2005

to this optional standard must also certify to a PM standard of 0.03,

0.02, or 0.01 g/bhp-hr.

(9) [No Change]

(10) 2004-2006 : – Except as provided in paragraph (11), below, the

required standard shall be 2.4 g/bhp-hr NOx + NMHC measured as the

arithmetic sum of exhaust component certification values for these

pollutants, without restriction on individual component values,

15.5 g/bhp-hr CO, and 0.05 g/bhp-hr PM (0.07 g/bhp-hr PM in-use).

(A) Manufacturers may choose to certify to a 2.5 g/bhp-hr optional

combined NOx + NMHC standard, provided that the NMHC

exhaust component certification value shall not exceed

0.5 g/bhp-hr.

(B) Emissions averaging may be used to meet the combined

NOx + NMHC standard, the optional combined NOx + NMHC

standard set forth in paragraph (A), and the PM standard.

(C) The combined NOx + NMHC standard and the optional

combined NOx + NMHC standard described in paragraph (A)

may serve as the certification standard for the higher emitting

fueling mode of an engine certified under the dual fueling mode

certification process set forth in section 1956.8(a)(4), title 13,

CCR.

(11) 2004-2006 – For diesel-fueled, or dual-fuel, and bi-fuel urban bus

engines except for heavy-duty pilot ignition engines, the standards are

0.5 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0. 5 g/bhp-hr NMHC, 5.0 g/bhp-hr

CO, and 0.01 g/bhp-hr formaldehyde. As an option, manufacturers

may choose to meet the NOx and PM standards with a base engine

that is certified to the standards in paragraph (10) above, equipped

with an aftertreatment system that reduces NOx to 0.5 g/bhp-hr and

PM to 0.01 g/bhp-hr standards. The NMHC, CO, and formaldehyde

standards in this paragraph (11) shall still apply. Manufacturers shall

be responsible for full certification, durability, testing, and warranty and

other requirements for the base engine. For the aftertreatment system,

manufacturers shall not be subject to the certification durability

requirements, or in-use recall and enforcement provisions, but are

subject to warranty provisions for functionality.

(A) Engine manufacturers may sell diesel-fueled, dual-fuel, or bifuel engines to any transit fleet exempted by the Executive

Officer under paragraphs (c)(8) and (d)(7) of section 1956.2, title
45-Day Notice version A-4

Release Date: July 29, 2005

Hearing Date: September 15, 2005

13, CCR, from the requirements of paragraphs (c)(5) and (d)(4)

of section 1956.2, certified to the standards in either paragraphs

(9) or (10) above, provided that engines certified to the

standards in paragraph (10) must be certified to a 0.01 g/bhp-hr

PM standard.

(B) Manufacturers may sell diesel-fueled hybrid-electric buses that

are certified to a 1.8 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.5 g/bhphr NMHC, and 15.5 g/bhp-hr CO standard to any transit agency

that has received written authorization from the Executive

Officer pursuant to paragraph (d)(9) of section 1956.2, title 13,

CCR. The formaldehyde standard set forth in paragraph (11),

above, shall not apply to the HEBs sold pursuant to this

subparagraph.

(12) 2007 and subsequent – 0.2 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.05

g/bhp-hr NMHC, 5.0 g/bhp-hr CO, and 0.01 g/bhp-hr formaldehyde.

(b) 2003-2006 bi-fuel heavy-duty pilot ignition engines – A bi-fuel engine meeting

the definition of a heavy-duty pilot ignition engine set forth in section1956.2

(b)(4) may be certified to the standards in section1956.1 (a)(8) and (a)(10),

provided that the engine is certified to an optional PM standard of 0.03, 0.02,

or 0.01 g/bhp-hr.

(c) Test Procedures. The test procedures for determining compliance with

standards applicable to 1985 and subsequent through 2006 model-year

heavy-duty diesel cycle urban bus engines and vehicles and the requirements

for participation in the averaging, banking and trading programs, are set forth

in the "California Exhaust Emission Standards and Test Procedures for 2004

and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," adopted

December 12, 2002, 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.

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104 and 43806,

Health and Safety Code; and section 28114, Vehicle Code. Reference: Sections 39002, 39003,

39017, 39033, 39500, 39650, 39657, 39667, 39701, 40000, 43000, 43000.5, 43009, 43013, 43018,

43102 and 43806, Health and Safety Code; and section 28114, Vehicle Code.
45-Day Notice version A-5

Release Date: July 29, 2005

Hearing Date: September 15, 2005

Amend section 1956.8 (a)(2)(A) to read as follows:

§ 1956.8. Exhaust Emissions Standards and Test Procedures – 1985 and

Subsequent Model Heavy-Duty Engines and Vehicles.

(a)(1) [No Change]

(2)(A) The exhaust emissions from new 2004 and subsequent model heavy-duty

diesel engines, heavy-duty natural gas-fueled and liquefied-petroleum-gasfueled engines derived from diesel-cycle engines, and heavy-duty methanolfueled diesel engines, and the optional, reduced-emission standards for 2002

and subsequent model engines produced beginning October 1, 2002, except

in all cases engines used in medium-duty vehicles, shall not exceed:

Exhaust Emission Standards for 2004 and Subsequent Model Heavy-Duty Engines,

and Optional, Reduced Emission Standards for 2002 and Subsequent Model HeavyDuty Engines Produced Beginning October 1, 2002, Other than Urban Bus Model

Year Engines October 1, 2002 through 2006L (grams per brake horsepower-hour

[g/bhp-hr])

Model Year Oxides of

Nitrogen Plus

Non-methane

Hydrocarbons

Optional Oxides

of Nitrogen Plus

Non-methane

Hydrocarbons

Oxides

of

Nitrogen

Non-methane

Hydrocarbons

Carbon

Monoxide

Particulates

2004-2006H

2.4 A,C,E,J 2.5 B,C,E,J n/a n/a 15.5 0.10 C

October 1, 2002-2006 n/a 1.8 to 0.3 A,D,F n/a n/a 15.5 0.03 to

0.01 G

2007 and subsequent n/a n/a 0.2 I 0.14 15.5 0.01 K

A This is the standard for the arithmetic sum of the oxides of nitrogen exhaust

component certification value and the non-methane hydrocarbon exhaust component

certification value, without individual restriction on the individual component values.

B This is the standard for the arithmetic sum of the oxides of nitrogen exhaust

component certification value and the non-methane hydrocarbon exhaust component

certification value, with the non-methane hydrocarbon individual component value not

to exceed 0.5 g/bhp-hr.

C For 2004 through 2006 model years, emissions averaging may be used to meet this

standard. Averaging must be based on the requirements of the averaging, banking

and trading programs described in “California Exhaust Emission Standards and Test

Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and

Vehicles” incorporated by reference in section 1956.8 (b), below.
45-Day Notice version A-6

Release Date: July 29, 2005

Hearing Date: September 15, 2005

D A manufacturer may elect to certify to an optional reduced-emission NOx+NMHC

standard between the values, inclusive, by 0.3 grams per brake horsepower-hour

increments. Engines certified to any of these optional reduced-emission NOx

standards are not eligible for participation in any averaging, banking or trading

programs described in “California Exhaust Emission Standards and Test Procedures

for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles”

incorporated by reference in section 1956.8 (b), below.

E May be used as the certification standard for the higher emitting fueling mode of an

engine certified under the dual fueling mode certification process of section 1956.8

(a)(4), below.

F May be used as the certification standard for the lower emitting fueling mode of an

engine certified under the dual fueling mode certification process of section 1956.8

(a)(4), below.

G A manufacturer may elect to certify to an optional reduced-emission PM standard

between the specified values, inclusive, by 0.01 grams per brake horsepower-hour

increments. Engines certified to any of these optional reduced-emission PM

standards are not eligible for participation in any averaging, banking or trading

programs described in “California Exhaust Emission Standards and Test Procedures

for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles”

incorporated by reference in section 1956.8 (b), below.

H Engine manufacturers subject to the Heavy-Duty Diesel Engine Settlement

Agreements (Settlement Agreements)1

 must produce engines in compliance with the

requirements contained in their respective Settlement Agreement. Most engine

manufacturers subject to the Settlement Agreements are required to manufacture

engines meeting the exhaust emission standards for 2004 and subsequent model

years engines beginning October 1, 2002.

I A manufacturer may elect to include any or all of its heavy-duty diesel engine families

in any or all of the NOx emissions averaging, banking, or trading programs for heavyduty diesel engines, within the restrictions described in "California Exhaust Emission

Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel

Engines and Vehicles" incorporated in section 1956.8 (b), below. If the manufacturer

elects to include engine families in any of these programs, the NOx family emission

limit (FEL) may not exceed the following FEL caps: 2.00 grams per brake

1

 Seven of the largest heavy-duty diesel engine manufacturers will be implementing measures to reduce

emissions beginning October 1, 2002, to meet the requirements of the Heavy-Duty Diesel Engine

Settlement Agreements reached with the ARB. The Heavy-Duty Diesel Engine Settlements were

agreements reached in response to lawsuits brought by the United States Environmental Protection

Agency and violations alleged by the ARB pertaining to excess in-use emissions caused by the use of

defeat devices and unacceptable algorithms. Navistar signed its Settlement Agreement on October 22,

1998. Cummins, Detroit Diesel Corporation, Caterpillar, Volvo, Mack and Renault signed their Settlement

Agreements on December 15, 1998.
45-Day Notice version A-7

Release Date: July 29, 2005

Hearing Date: September 15, 2005

horsepower-hour (0.75 grams per megajoule) for model years before 2010; 0.50

grams per brake horsepower-hour (0.19 grams per megajoule) for model years 2010

and later. The FEL cap applies whether credits for the engine family are derived from

averaging, banking, or trading programs.

J For 2007 through 2009 model years, a manufacturer may use these emission

standards in accordance with section 1956.8 (a)(2)(B). A manufacturer may elect to

include any or all of its heavy-duty diesel engine families in any or all of the NOx plus

NMHC emissions averaging, banking, or trading programs for heavy-duty diesel

engines, within the restrictions described in "California Exhaust Emission Standards

and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines

and Vehicles" incorporated in section 1956.8 (b), below. If the manufacturer elects to

include engine families in any of these programs, the NOx family emission limit (FEL)

may not exceed the following FEL caps: 2.00 grams per brake horsepower-hour

(0.75 grams per megajoule) for model years. The FEL cap applies whether credits for

the engine family are derived from averaging, banking, or trading programs.

K A manufacturer may elect to include any or all of its heavy-duty diesel engine families

in any or all of the particulate averaging, banking, or trading programs for heavy-duty

diesel engines, within the restrictions described in “California Exhaust Emission

Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel

Engines and Vehicles” incorporated by reference in section 1956.8 (b), below. The

particulate FEL for each engine family a manufacturer elects to include in any of

these programs may not exceed an FEL cap of 0.02 grams per brake horsepowerhour (0.0075 grams per megajoule). The FEL cap applies whether credits for the

engine family are derived from averaging, banking, or trading programs.

L

 For 2007 and subsequent model year urban bus engines, this section applies.

(B) Phase-in Options.

(i) 1. Early NOx compliant engines. For model years 2007, 2008, and 2009, a

manufacturer may, at their option, certify one or more of their engine families

to the combined NOx plus NMHC standard or FEL applicable to model year

2006 engines under section 1956.8 (a)(2), in lieu of the separate NOx and

NMHC standards or FELs applicable to the 2007 and subsequent model

years, specified in section 1956.8 (a)(2). Each engine certified under this

phase-in option must comply with all other emission requirements applicable

to model year 2007 engines. To qualify for this option, a manufacturer must

satisfy the U.S.-directed production requirement of certifying no more than 50

percent of engines to the NOx plus NMHC standards or FELs applicable to

2006 engines, as specified in 40 Code of Federal Regulations, part 86,

section 86.007-11 (g)(1), as adopted January 18, 2001. In addition, a

manufacturer may reduce the quantity of engines that are required to be

phased-in using the early certification credit program specified in 40 Code of
45-Day Notice version A-8

Release Date: July 29, 2005

Hearing Date: September 15, 2005

Federal Regulations, part 86, section 86.007-11 (g)(2), as adopted January

18, 2001, and the “Blue Sky” engine program specified in 40 Code of Federal

Regulations, part 86, section 86.007-11 (g)(4), as adopted January 18, 2001.

(ii) 2. Early PM compliant engines. A manufacturer certifying engines to the

2007 and subsequent model year PM standard listed in section 1956.8 (a)(2)

(without using credits, as determined in any averaging, banking, or trading

program described in “California Exhaust Emission Standards and Test

Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and

Vehicles,” to comply with the standards) before model year 2007 may reduce

the number of engines that are required to meet the 2007 and subsequent

model year PM standard listed in section 1956.8 (a)(2) in model year 2007,

2008 and/or 2009. To qualify for this option, a manufacturer must satisfy the

PM emission requirements pursuant to the methods detailed in 40 Code of

Federal Regulations, part 86, section 86.007-11 (g)(2)(ii), as adopted

January 18, 2001.

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104, 43105, and

43806, Health and Safety Code, and section 28114, Vehicle Code. Reference: Sections 39002,

39003, 39500, 43000, 43013, 43018, 43100, 43101, 43102, 43104, 43106, 43202, 43204, 43206,

43210, 43211, 43212, 43213, and 43806, Health and Safety Code; and section 28114, Vehicle Code.
45-Day Notice version A-9

Release Date: July 29, 2005

Hearing Date: September 15, 2005

§ 2020. Purpose and Definitions of Diesel Particulate Matter Control Measures

(a) Purpose. Diesel particulate matter was identified in 1998 as a toxic air

contaminant. According to California law, an airborne toxic control measure using

the best available control technology shall, therefore, be employed to reduce the

public’s exposure to diesel particulate matter.

(b) Definitions. For the purposes of the rules specified in article 4, the following

definitions apply:

“Alternative fuel” means natural gas, propane, ethanol, methanol, gasoline (when

used in hybrid electric buses only), hydrogen, electricity, fuel cells, or advanced

technologies that do not rely on diesel fuel. “Alternative fuel” also means any of

these fuels used in combination with each other or in combination with other nondiesel fuels.

“Commercially available” means available for purchase and installation at a

reasonable cost.

“Heavy-duty pilot ignition engine” means an engine designed to operate using an

alternative fuel, except that diesel fuel is used for pilot ignition at an average ratio

of no more than one part diesel fuel to ten parts total fuel on an energy equivalent

basis. An engine that can operate or idle solely on diesel fuel at any time does not

meet this definition.

“Level” means one of three categories of Air Resources Board-verified diesel

emission control strategies: Level 1 means the strategy reduces engine diesel

particulate matter emissions by between 25 and 49 percent, Level 2 means the

strategy reduces engine diesel particulate matter emissions by between 50 and

84 percent, and Level 3 means the strategy reduces engine diesel particulate

matter emissions by 85 percent or greater, or reduces engine emissions to less

than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour.

“Municipality” means a city, county, city and county, special district, or a public

agency of the United States of America or the State of California, and any

department, division, public corporation, or public agency of this State or of the

United States, or two or more entities acting jointly, or the duly constituted body of

an Indian reservation or rancheria.

“Owner” means the same as in title 13, California Code of Regulations,

section 2180.1(a)(21).

“Retirement” or “Retire” means an engine or vehicle will be withdrawn from an

active fleet in California. The engine may be sold outside of California, scrapped,

or used in a backup vehicle.
45-Day Notice version A-10

Release Date: July 29, 2005

Hearing Date: September 15, 2005

“Transit agency” means a public entity responsible for administering and managing

transit services. Public transit agencies can directly operate transit service or

contract out for all or part of the total transit service provided.

“Terminal” means any place or places where a vehicle is regularly garaged or

maintained, or from which it is operated or dispatched, which may include a private

business or residence.

“Verified” means that a diesel emission control strategy or system has received

approval from the Executive Officer according to the “Verification Procedure for InUse Strategies to Control Emissions from Diesel Engines” in title 13, California

Code of Regulations, commencing with section 2700, and incorporated by

reference.

“Warranty Period” means the same as in title 13, California Code of Regulations,

section 2707.

NOTE: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference:

Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101, 43102, 43104, 43105 and

43700, Health and Safety Code.
45-Day Notice version A-11

Release Date: July 29, 2005

Hearing Date: September 15, 2005

Amend section 2023.1(a) to read as follows:

§ 2023.1. Fleet Rule for Transit Agencies – Urban Bus Requirements

(a) To encourage transit agencies that operate urban bus fleets to purchase or lease

lower emission alternative-fuel buses, while also providing flexibility to such fleet

operators to determine their optimal fleet mix in consideration of such factors as

air quality benefits, service availability, cost, efficiency, safety, and convenience,

two paths to compliance with this fleet rule are available: the alternative-fuel path

and the diesel path.

(1) Transit agencies must choose their compliance path, and shall notify ARB

of their intent to follow either the diesel or the alternative-fuel path, by

January 31, 2001. Reporting requirements for that notification are set

forth in subdivisions (a) and (b) of section 1956.4 2023.4, title 13, CCR.

(2) A transit agency within the jurisdiction of the South Coast Air Quality

Management District may elect to change its compliance path from the

diesel path to the alternative-fuel path, provided that the transit agency

notifies the Executive Officer of the change by January 31, 2004, and

provided that the transit agency is in compliance with all requirements of

section 1956.2 2023.1, including specific requirements of the diesel path,

on or before January 1, 2004. Reporting requirements for this notification

are set forth in paragraph (b)(3) of section 1956.4 2023.4(b)(3), title 13,

CCR.

(3) A new transit agency that is a successor to an existing transit agency or

that has been created from a merger of two or more transit agencies or

parts of two or more transit agencies must have the same compliance path

as the transit agency or agencies out of which it is formed.

(4) A transit agency within the jurisdiction of the South Coast Air Quality

Management District shall follow the alternative-fuel path. If the transit

agency had previously stated its intent to follow the diesel path, the

change to the alternative-fuel path shall be effective on [Insert effective

date of subsection] .

* * * * *

NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101(b), Health and

Safety Code. Reference: Sections 39002, 39003, 39017, 39500, 39650, 39667, 40000, 43000,

43000.5, 43013, 43018, 43701(b), 43801 and 43806, Health and Safety Code; and sections 233 and

28114, Vehicle Code.