1

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 FINAL REGULATION ORDER

Set forth below are the propos ed amendments to title 13 of the California Code of Regulations. Amendments to existing section proposed and subject to comment in this rulemaking are shown in underlin e to indicate additi ons and strikeout to indicate deletions. Subsections for which no changes are proposed in this rulemaking are indicated with [No change] or “* * * *”.

Amend Sections 1900, 1956.8, 1960.1, 1961, 1961.2, 1961.3, 1962.1, 1962.2, and 1976, Title 13, California Code of Regulations to read as follows:

§ 1900. Definitions.

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

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(22) “Small volume manufacturer” means, with respect to the 2001 and subsequent model-years, a manufacturer wi th California sales less than 4,500 new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavy-duty engines based on t he average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks
certification as a small volume manuf acturer; however, for manufacturers certifying for the first time in Califor nia 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 m anufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manuf acturer under the other manufacturer’s nameplate shall be treated as California sales of the market ing manufacturer.

Except as provided in the next paragraph, for the 2009 through 2017 model years, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 10% or greater part owned by another; or (2) vehicl es 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) vehicles imported or distributed by any firms wher e the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.2

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 Notwithstanding the provisions of this paragraph, upon application to the Executive Officer, a manufacturer may be classified as a “small volume manufacturer” for the 2015 2013 through 2017 model years if the Executive Officer determines that it is operationally independent of the fi rm that owns 10% or more of the applicant or has a gr eater than 10% equity ownership in the applicant based on the criteria provided in the last paragraph of this subsection (b)(22).

For purposes of compliance with the ze ro-emission vehicle requirements, heavyduty vehicles and engines shall not be count ed as part of a manufacturer’s sales. For purposes of applying the 2005 th rough 2017 model year zero-emission vehicle requirements for small-volume m anufacturers under sections 1962(b) and 1962.1(b), the annual sales fr om different firms sha ll 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 tw o or more firms if a third party has equity ownership of greater than 50% in each firm. Notwithstanding the provisions of this paragraph, upon app lication to the Executive Officer, a manufacturer may be classified as a “s mall volume manufacturer” for the 2015 2013 through 2017 model years if the Execut ive Officer determines that it is operationally independent of the firm that owns 50% or more of the applicant or has a greater than 50% equity ownership in the applicant based on the criteria provided in the last paragraph of this subsection (b)(22).

Except as provided in the next paragr aph, for the 2018 and subsequent model years, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 33.4% or greater part owned by another; or (2) vehicl es 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 any firms wher e the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity. Notwithstanding the provisions of this paragraph, upon application to the Executive Officer, a manufacturer may be classified as a “small volume
manufacturer” for the 2018 and subsequent model years if the Executive Officer determines that it is operationally indepen dent of the firm that owns 33.4% or more of the applicant or has a greate r than 33.4% equity ownership in the applicant based on the criteria provided in the last paragraph of this subsection (b)(22).

For the purposes of this paragraph, all manufacturers whose annual sales are aggregated together under the provisions of this subsection (b)(22) shall be
defined as “related manufacturers.” Notwithstanding such aggregation, the Executive Officer may make a determinati on of operational ind ependence if all of3

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 the following criteria are met for at least 24 months preceding the application submittal: (1) for the three years preceding the year in which the initial application is submitted, the average California sales for the applicant does not exceed 4,500 vehicles per year; (2) no financial or other support of economic value is provided by related manufacturers for purposes of design, parts procurement, R&D and production facilities and operatio n, and any other transactions between related manufacturers are conducted under normal commercial arrangements like those conducted with other parties, at competitive pricing rates to the manufacturer; (3) related manufacture rs maintain separate and independent research and development, testing, and pr oduction facilities; (4) the applicant related manufacturers does not use any vehicle powertrains or platforms developed or produced by rela ted manufacturers; (5) pat ents are not held jointly
with related manufacturers ; (6) related manufacture rs maintain separate business administration, legal, purchasi ng, sales, and marketing departments, as well as autonomous decision-making on co mmercial matters; (7) the overlap of
the Board of Directors between related manufacturers is limited to 25% with no sharing of top operational management, including pres ident, chief executive officer, chief financial officer, and chie f operating officer, and provided that no individual overlapping director or combination of over lapping directors exercises exclusive management control over either or both companies; and (8) parts or components supply between related com panies must be established through open market process, and to the ext ent that the manufacturer sells parts/components to non-related manufac turers, it does so through the open market a competitive pricing. An y manufacturer applying for operational independence must submit to ARB an Attestation Engagement from an independent certified publ ic accountant or firm of su ch accountants verifying the accuracy of the information contained in the application, as defined by and in accordance with the procedures establis hed in 40 C.F.R. §80.125, as last amended January 19, 2007, which is incorporated herein by reference. The applicant must submit information to update any of the above eight criteria as material changes to any of the criteria o ccur. If there are no material changes to any of the criteria, the applicant must certify that to the Executive Officer annually. With respect to any such changes , the Executive Officer may consider extraordinary conditions (e.g ., changes to economic conditions, unanticipated market changes, etc.) and may continue to find the applicant to be operationally independent. In the event t hat a manufacturer loses eligibility as a “small volume manufacturer” after a material change o ccurs, the manufacturer must begin compliance with the primary emissions progr am in the third model year after the model year in which the manufacturer lose s its eligibility. The Executive Officer may, in his or her discretion, re-establis h lost “small volume manufacturer” status
if the manufacturer shows that it has met the operat ional independence criteria for three consecutive years.

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As Amended: December 6, 2012 Date of Hearing: November 15, 2012 NOTE: 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, 43 106 and 43204, Health and Safety Code; and Section 27156, Vehicle Code.5

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 § 1956.8. Exhaust Emission Standa rds and Test Procedures - 1985 and Subsequent Model Heavy-Du ty Engines and Vehicles.

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(b) Test Procedures . The test procedures for determining compliance with standards applicable to 1985 and subsequent model heavy-duty diesel engines and vehicles and the requirements for parti cipating in the averaging, banking and trading programs, are set fo rth in the “California 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 Diese l-Engines and Vehicles,” adopted December 12, 2002, as last amended March 22, 2012December 6, 2012, and
the “California Interim Certificatio n Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the Ur ban Bus and Heavy-Duty Vehicle Classes,” adopted October 24, 2002, whic h are incorporated by reference herein.

(c)(1)(A)
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(3) Optional Standards for Complete and Incomplete Heavy-Duty Vehicles that Use Heavy-Duty Otto-Cycle Engines. Manufacturers may request to group complete and incomplete heavy-dut y Otto-cycle vehicles into the same test group as Otto-cycle vehicles ce rtifying to the LEV III exhaust emission standards and test procedures specified in title 13, CCR, §1961.2, so long as those complete and incomplete heavy-duty Otto-cycle vehicles meet the most stringent LEV III standards to which any vehi cle within that test group certifies.

(d) The test procedures for determining compliance with standards applicable to 1987 and subsequent m odel heavy-duty Otto-cycle engines and
vehicles are set forth in the “Calif ornia 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-C ycle Engines,” adopted December 27, 2000, as last amended March 22, 2012Decem ber 6, 2012, the “California NonMethane Organic Gas Test Procedures,” adopted July 12, 1991, as last amended March 22, 2012December 6, 20 12, and the “California Interim
Certification Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban Bus and Heavy-Du ty Vehicle Classes,” adopted October 24, 2002, which are incorporated by reference herein.

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As Amended: December 6, 2012 Date of Hearing: November 15, 2012 (h) The exhaust emissions from new:

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(5) Optional Standards for Complete and In complete Heavy-Duty Vehicles that Use Heavy-Duty Diesel Engines. Manufacturers may request to group complete and incomplete heavy-duty diesel vehicles into the same test group as medium-duty diesel vehicles certifying to the LEV III exhaust emission standards and test procedures specified in title 13, CCR, §1961.2, so long as those complete and incomplete heavy-duty diesel vehicles meet the most stringent LEV III standards to which any vehicle within that test group certifies.

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, 3950 0, 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.7

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 § 1960.1. Exhaust Emission Standard s and Test Procedures - 1981 through 2006 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

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(r) 4000-Mile Supplemental FTP Emission Standards. The Supplemental Federal Test Procedure (S FTP) standards in this section are the maximum SFTP exhaust emissions at 4, 000 miles + 250 miles or at the mileage determined by the manufacturer for emi ssion-data vehicles in accordance with
the “California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Li ght-Duty Trucks, and Medium-Duty Vehicles,” as incorporated by refer ence in section 196 0.1(k), and with the “California 2001 through 2014 Model Crit eria Pollutant Exhaust Emission
Standards and Test Procedures and 2009 through 2016 Model Greenhouse Gas
Exhaust Emission Standards and Test Pr ocedures for Passenger Cars, LightDuty Trucks, and Medium-Duty Vehicles,” as incorporated by reference in section 1961(d). The SFTP exhaust emissi on levels from new 2001 through 20202021 model low-emission vehicles, ultra-low- emission vehicles and super-ultra-lowemission 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 2020 2021 model low-emission vehicles, ultra-lo w-emission vehicles, and super-ultralow-emission vehicles in the medium-dut y class certifying to the LEV II exhaust
emission standards in secti on 1961, shall not exceed:

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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, 43 105, 43106, 43107 and 43204-43205.5, Health and Safety Code.8

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 § 1961. Exhaust Emission Standards and Test Procedures - 2004 through 2019 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

Introduction. This section 1961 contains the Ca lifornia “LEV II” exhaust emission standards for 2004 through 2019 model pas senger cars, light-duty trucks and medium-duty vehicles. A manufacturer must demonstrate compliance with the
exhaust standards in secti on 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 requir ements for the 2001 - 2003 model years.

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(a) Exhaust Emission Standards.

(1) “LEV II” Exhaust Standards . The following standards are the
maximum exhaust emissions for the inte rmediate and full useful life from new 2004 through 2019 model-year “LEV II” LEVs, ULEVs, and SULEVs, including fuel-flexible, bi-fuel and dual fuel v ehicles when operating on the gaseous or alcohol fuel they are designed to use. 2015 – 2019 model-year LEV II LEV vehicles may be certified to the 1 50,000 mile NMOG+NOx emission standards numerical values for LEV160, LEV395, or LEV630, as applicable, in subsection 1961.2(a)(1) and the corresponding NMOG+NO x numerical values in subsection 1961.2(a)(4), in lieu of the separate NM OG and NOx exhaust emission standards in this subsection (a)(1) and subsection (a)(4); and LEV II ULEV vehicles may be certified to the 150,000 m ile NMOG+NOx emission stan dards numerical values for ULEV125, ULEV340, or ULEV570, as applicable, in subsection 1961.2(a)(1) and the corresponding NMOG+NOx numerical values in subsection 1961.2(a)(4), in lieu of the separate NMOG and NOx exhaust emission standards in this subsection (a)(1) and the corresponding NMOG+NOx numerical values in subsection (a)(4).; and LEV II SULEV vehicles may be certified to the NMOG+NOx numerical values for SULEV30, SULEV170, or SULEV230, as applicable, in subsection 1961.2(a)(1 ) and the corresponding NMOG+NOx numerical values in subsection 1961.2(a )(4), in lieu of the separate NMOG and
NOx exhaust emission standar ds in this subsection (a)(1) and the corresponding
NMOG+NOx numerical values in subsecti on (a)(4) 2015 – 2019 model-year LEV II SULEV vehicles that receive a partial ZEV allowance in accordance with the
“California Exhaust Emission Standards an d Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hy brid Electric Vehicles, in the Passenger Car, Light-Duty Truck and M edium-Duty Vehicle Classes” and 2015 – 2016 model year vehicles that are allow ed to certify to LEV II SULEV standards using “carryover” of emission test data under the provisions in subsection 1961.2(b)(2) may be certified to the 150,000 mile NMOG+NOx emission standards for SULEV30, SULEV170, or SU LEV230, as applicable, in subsection 1961.2(a)(1) and the corresponding NMOG+NO x numerical values in subsection9

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 1961.2(a)(4), in lieu of the separate NM OG and NOx exhaust emission standards in this subsection (a)(1) and the co rresponding NMOG numerical values in subsection (a)(4). LEV II SULEV vehicles that do not either (1) receive a partial ZEV allowance or (2) certify to L EV II SULEV standards in the 2015 – 2016 model years using “carryover” of emissi on test data may not certify to combined
NMOG+NOx standards.

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

(1) Fleet Average NMOG Requirementsfor Passenger Cars and LightDuty Trucks.

(A) The fleet average non-methane organic gas exhaust mass emission values from the passenger cars an d light-duty trucks certified to the Tier 1, LEV I, and LEV II standards that ar e produced and delivered for sale in California each model year from 2 001 through 2014 by a manufacturer other than a small volume manufacturer or an indepe ndent low volume manufacturer shall
not exceed:10

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 FLEET AVERAGE NON-METHANE ORGANIC GAS EXHAUST MASS EMISSION REQUIREMENTS FOR
LIGHT-DUTY VEHICLE WEIGHT CLASSES (50,000 mile Durability Vehicle Basis)

Model Year Fleet Avera ge NMOG (grams per mile)

All PCs;
LDTs 0-3750 lbs.
LVW LDTs
3751 lbs. LVW - 8500 lbs.
GVW

2001 0.070 0.098

2002 0.068 0.095

2003 0.062 0.093

2004 0.053 0.085

2005 0.049 0.076

2006 0.046 0.062

2007 0.043 0.055

2008 0.040 0.050

2009 0.038 0.047

2010 through
2014 1 0.035 0.043

1 For the 2014 model year only, a manufacture r may comply with the fleet average NMOG+NOx values in subsection 1961.2(b)(1)(A) in lieu of complying with the NMOG fleet average values in this table. A manufacturer must either comp ly with the NMOG+NOx fleet average requirements
for both its PC/LDT1 fleet and its LDT2/MDPV fleet or comply with the NMOG fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet. A manufacturer must calculate its fleet average NMOG+NOx values using th e applicable full useful life standards.

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(d) Test Procedures. The certification requi rements and test procedures for determining compliance with the emissi on standards in this section are set forth in the “California 2001 through 2014 Model Criteria Pollutant Exhaust
Emission Standards and Test Proc edures and 2009 through 2016 Model
Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” as amended March 22, 2012December 6, 2012, the “Californi a Non-Methane Organic Gas Test Procedures,” as amended March 22, 2012December 6, 2012, which are incorporated herein by reference. In t he case of hybrid electric vehicles and on-board fuel-fired heaters, t he certification requirement s and test procedures for determining compliance with the emission st andards in this section are set forth
in the “California Exhaust Emissi on Standards and Test Procedures for 2005 through 2008 Model Zero-Emission Vehicles, and 2001 through 2008 Model11

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 Hybrid Electric Vehicles, in the Pa ssenger Car, Light-Duty Truck and MediumDuty Vehicle Classes,” incorporated by re ference in section 1962, the “California
Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hybrid Electr ic Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicl e Classes,” incorporated by reference in section 1962.1, and the “Californi a 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.

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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, 43 104, 43105, 43106, 43204 and 43205, Health and Safety Code.12

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 § 1961.2. Exhaust Emission Standa rds and Test Procedures - 2015 and Subsequent Model Passenger Cars, Li ght-Duty Trucks, and Medium-Duty
Vehicles.

Introduction. This section 1961.2 contains t he California “LEV III” exhaust emission standards for 2015 and subsequent model year passenger cars, lightduty trucks, and medium-duty vehicles . A manufacturer must demonstrate compliance with the exhaust standards in s ubsection (a) applicable to specific test groups, and with the composite phase- in requirements in subsection (b) applicable to the manufacturer’s entire fleet.

Before the 2015 model year, a manufacturer that produces vehicl es that meet the standards in subsection (a) has the option of certifying the vehicles to those standards, in which case the vehicles will be treated as LEV III vehicles for purposes of the fleet-wide ph ase-in requirements. Sim ilarly, 2015 - 2019 modelyear vehicles may be certified to t he “LEV II” exhaust emission standards in subsection 1961(a)(1), in which case t he vehicles will be treated as LEV II vehicles for purposes of the fl eet-wide phase-in requirements.

A manufacturer has the option of cert ifying engines used in incomplete and diesel medium-duty vehicles with a gro ss vehicle weight rating of greater than 10,000 lbs. GVW to the heavy-duty engine standards and test procedures set forth in title 13, CCR, subsections 1956.8(c) and (h). All medium-duty vehicles with a gross vehicle weight rating of less than or equal to 10,000 lbs. GVW, including incomplete otto-cycle medium- duty vehicles and medium-duty vehicles that use diesel cycle engines, must be ce rtified to the LEV III chassis standards and test procedures set forth in th is section 1961.2 in 2020 and subsequent model years.

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(a) Exhaust Emission Standards.

(1) “LEV III” Exhaust Standards . The following standards are the
maximum exhaust emissions for t he full useful life from new 2015 and subsequent model year “LEV III” passengercars, light-duty trucks, and mediumduty vehicles, including fuel-flexible, bi -fuel and dual-fuel vehi cles when operating on the gaseous or alcohol fuel they ar e designed to use. 2015 – 2019 modelyear LEV II LEV vehicles may be ce rtified to the 150, 000 mile NMOG+NOx
emission standards numerical values fo r LEV160, LEV395, or LEV630, as applicable, in this subsection (a)(1) and the corresponding NMOG+NOx numerical values in subsection (a)(4), in lieu of the separate NMOG and NOx
exhaust emission standards in subsec tions 1961(a)(1) and the corresponding NMOG numerical values in subsection 1961(a)(4); and LEV II ULEV vehicles may be certified to the 150,000 mile NM OG+NOx emission standards numerical13

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 values for ULEV125, ULEV340, or ULEV570 , as applicable, in this subsection (a)(1) and the corresponding NMOG+NOx numer ical values in subsection (a)(4), in lieu of the separate NMOG and NOx exhaust emission standards in subsections 1961(a)(1) and the corres ponding NMOG numerical values in subsection 1961(a)(4).; and LEV II SULEV v ehicles may be certified to the NMOG+NOx numerical values for SULEV30, SULEV170, or SULEV230, as applicable, in subsection (a)(1) and t he corresponding NMOG+NOx numerical values in subsection (a)(4), in lieu of the separate NMOG and NOx exhaust
emission standards in subsections 1961(a)(1) and 1961(a)(4). 2015 – 2019 model-year LEV II SULEV vehicles that receive a partial ZEV allowance in
accordance with the “California Ex haust Emission Standards and Test Procedures for 2009 through 2017 Model Ze ro-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes” and 2015 – 2016 model year vehicles that are allowed to certify to LEV II SULEV standards using “carry over” of emission test data under the provisions in subsection (b)(2) may be certified to the 150,000 mile NMOG+NOx emission standards for SULEV30, SULEV1 70, or SULEV230, as applicable, in this subsection (a)(1) and the corres ponding NMOG+NOx numerical values in subsection (a)(4), in lieu of the separate NMOG and NOx exhaust emission standards in subsection 1961(a)(1) and the corresponding NMOG numerical values in subsection 1961(a)(4). LEV II SULEV vehicles that do not either (1) receive a partial ZEV allowance or (2) ce rtify to LEV II SULEV standards in the 2015 – 2016 model years using “carryover” of emission test dat a may not certify
to combined NMOG+NOx standards. Such LEV II vehicles that certify to
combined NMOG+NOx standards will be treat ed as LEV II vehicles for purposes of the fleet-wide phas e-in requirements.14

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 LEV III Exhaust Mass Emission Standards for New 2015 and Subsequent

Model Passenger Cars, Light-Duty Tr ucks, 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 3.26.4 6 0.06

ULEV250 0.250 2.6.4 6 0.06

ULEV200 0.200 2.64.2 6 0.06

SULEV170 0.170 1.54.2 6 0.06

SULEV150 0.150 1.53.2 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 3.7.3 6 0.06

ULEV400 0.400 3.07.3 6 0.06

ULEV270 0.270 3.04.2 6 0.06

SULEV230 0.230 1.74.2 6 0.06

SULEV200 0.200 1.73.7 6 0.06

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

2 The numeric portion of the ca tegory name is the NMOG+NOx value in thousandths of grams per mile.

(2) “LEV III” Particulate Standards.

(A) Particulate Standards for Passeng er Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. Beginning in the 2017 model year, a manufacturer, except a small volume m anufacturer, shall ce rtify a percentage of its passenger car, light-duty tru ck, and medium-duty passenger vehicle fleet to the following particulate standards according to the following phase-in15

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 schedule. These standards are the maximum particulate emissions allowed
at full useful life. All vehicles cert ifying to these particulate standards must certify to the LEV III exhaust emission standar ds set forth in subsection (a)(1).

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(D) Alternative Phase-in Schedul e for Particulate Standards.

1. Alternative Phase-in Schedules for the 3 mg/mi Particulate Standard for Passenger Cars, Light -Duty Trucks, and Medium-Duty Passenger Vehicles. A manufacturer may use an alternative phase-in schedule to comply with the 3 mg/m i particulate standard phase-in requirements as long as equivalent PM emission reductions are achieved by the 2021 model year from passenger cars, light-duty trucks, and medium-duty passenger vehicles. Model year emission reductions shall be calculated by multiplying the per cent of PC+LDT+MDPV vehicles meeting the 3 mg/mi particulate standar d in a given model year (based on a manufacturer's projected sales volume of vehicles in each category) by 5 for the 2017 model year, 4 for t he 2018 model year, 3 for the 2019 model year, 2 for the 2020 model y ear, and 1 for the 2021 model year. The yearly results for PC+LDT+MDPV vehicles shall be summed together
to determine a cumulative total for PC+LDT+MDPV vehicles. In the 2021 model year, tThe cumulative total must be equal to or greater than 490, and 100 percent of the manufacturer’s passenger cars, light-duty trucks, and medium-duty passenger vehicles mu st be certified to the 3 mg/mi particulate standard, in the 2021 model year to be considered equivalent. A manufacturer may add vehicles in troduced before the 2017 model year (e.g., the percent of vehicles intr oduced in 2016 would be multiplied by 5)
to the cumulative total.

2. Alternative Phase-in Schedules for the 1 mg/mi Particulate Standard for Passenger Cars, Light -Duty Trucks, and Medium-Duty Passenger Vehicles. A manufacturer may use an alternative phase-in schedule to comply with the 1 mg /mi particulate standard phase-in requirements as long as equivalent PM emission reductions are achieved by the 2028 model year from passenger cars, light-duty trucks, and medium-duty passenger vehicles. Model year emission reductions shall be calculated by multiplying the per cent of PC+LDT+MDPV vehicles meeting the 1 mg/mi particulate standar d in a given model year (based on a manufacturer's projected sales volume of vehicles in each category) by 4 for the 2025 model year, 3 for t he 2026 model year, 2 for the 2027 model year, and 1 for the 2028 model year. The yearly results for
PC+LDT+MDPV vehicles shall be summed together to determine a
cumulative total for PC+LDT+MDPV v ehicles. In the 2028 model year, tThe cumulative total must be eq ual to or greater than 500, and 100 percent of the manufacturer’s pa ssenger cars, light-duty trucks, and16

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 medium-duty passenger vehicles mu st be certified to the 1 mg/mi particulate standard, in the 2028 model year to be considered equivalent. A manufacturer may add vehicles in troduced before the 2025 model year (e.g., the percent of vehicles intr oduced in 2024 would be multiplied by 4)
to the cumulative total.

3. Alternative Phase-in Schedules fo r the Particulate Standards for Medium-Duty Vehicles Other than Medium-Duty Passenger Vehicles. A manufacturer may use an alternative phase-in schedule to comply with the particulate standard phase-in requir ements as long as equivalent PM emission reductions are achieved by the 2021 model year from mediumduty vehicles other than medium-dut y passenger vehicles. Model year emission reductions shall be calculated by multiplying the total percent of MDVs certified to the 8 mg/mi PM standard or to the 10 mg/mi PM standard, as applicable, in a given m odel year (based on a manufacturer's projected sales volume of vehicles in each category) by 5 for the 2017 model year, 4 for the 2018 model year , 3 for the 2019 model year, 2 for the 2020 model year, and 1 for the 2021 model year. The yearly results for MDVs shall be summed together to determine a cumulative total for MDVs. In the 2021 model year, tThe cumu lative total must be equal to or greater than 490, and 100 percent of the manufacturer’s MDVs must be certified to the 8 mg/m i PM standard or to the 10 mg/mi PM standard, as applicable, in the 2021 model year to be considered equivalent. A manufacturer may add vehicles in troduced before the 2017 model year (e.g., the percent of vehicles intr oduced in 2016 would be multiplied by 5)
to the cumulative total.

* * * *

(7) Supplemental Federal Test Proc edure (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 s ubsequent model year LEVs, ULEVs, and SULEVs in the PC, LDT, and MDPV classes to either the SFTP NMOG+NOx and
CO Stand-Alone Exhaus t Emission Standards set forth in subsection (a)(7)(A)1,
or in accordance with the SFTP NMOG+NOx and CO Composite Exhaust Emission Standards and Fleet-Average Requirements set forth in subsection (a)(7)(A)2

. A manufacturer may also cert ify 2014 model LEVs, ULEVs, or SULEVs in the PC, LDT, or MDPV classe s to LEV III SFTP standards, in which case, the manufacturer shall be subject to the LEV III SFTP emission standards and requirements, including the sale s-weighted fleet-average NMOG+NOx composite emission standard app licable to 2015 model vehicles if choosing to comply with the SFTP NMOG+NOx and CO Composite Exhaust Emission Standards and Fleet-Average Requirements set forth in subsection (a)(7)(A)2.17

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 The manufacturer shall notify the Exec utive Officer of its selected emission standard type in the Application for Certificat ion of the first test group certifying to
SFTP NMOG+NOx and CO emission standar ds on a 150,000 mile durability basis. Once an emission standard type fo r 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 t he entire fleet, which includes LEV II vehicles if selecting to comply with subs ection (a)(7)(A)2. The manufacturer may not change its selection unt il the 2026 model year. Test groups not certifying to the 150,000-mile SFTP NMOG+NOx and CO em ission standards pursuant to this subsection (a)(7)(A) shall be subject to the 4,000-mile SFTP NMOG+NOx and
CO emission standards set fort h in subsection 1960.1(r).

* * * *

2. SFTP NMOG+NOx and CO Composite Exhaust Emission
Standards . For the 2015 and subsequent m odel years, a manufacturer selecting this option must certify LEV II and LEV III LEVs, ULEVs, and SULEVs, such that the manufacture r’s sales-weighted fleet-average NMOG+NOx composite emission val ue does not exceed the applicable NMOG+NOx composite emission standard set forth in the following table. In addition, the CO composite emission valu e of any LEV III test group shall not exceed the CO composite em ission standard set forth in the following table. SFTP compliance shall be demonstrat ed using the same gaseous or liquid
fuel used for FTP certification. In t he case of fuel-flexible vehicles, SFTP compliance shall be demonstrated usi ng the LEV III certification gasoline specified in Part II, Section A.100 .3.1.2 of the “California 2015 and Subsequent Model Criteria Pollutan t 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.”

For each test group subject to this subs ection, manufacturers shall calculate a Composite Emission Value for NMOG+ NOx and, for LEV III test groups, a separate Composite Emission Value fo r CO, using the fo llowing 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 NM OG+NOx or CO emission value, as applicable, determined thr ough the SC03 test; and “FTP” = the test group’s NMOG+NOx or CO emission value, as applicable, determined through the FTP test.18

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 If no vehicles in a test group have ai r 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. T he sales-weighted fleet average shall be calculated using a combination of ca rry-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. Compli ance with the CO composite emission standard cannot be demonstrated through fleet averaging. The 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:

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

Model Yea r 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) except LEV II vehicles,
which are subject to the test weights specified in §1960.1(r), title 13, CCR. Sales-Weighted Fleet Average NM OG+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 15 0,000-mile durability basis, as tested in accordance with the “California 2015 and Subsequent Model Cr iteria Pollutant Exhaust Emission Standards and Test Procedures and 2017 and Subsequent Model Greenhouse Gas Exhaust Emission Standards and Test Procedures for Passenger Cars, Light-Du ty Trucks, and Medium-Duty Vehicles.”

2 Determining NMOG+NOx Composite Emission Values of LEV II Test Groups and Cleaner Federal
Vehicles. For 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 (depending on LEV II FTP certification) using deteriorati on factors or aged components. NMHC emission values for the US06 and SC03 test cycles shall be converted to NMOG emission values by multiplying by a factor of 1.03. In lieu of deriving a deterioration factor specific to SFTP test cycles, ca rry-over LEV II 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+NO x sales-weighted fleet-average calculation. If an SFTP full-useful life emission value is used to comp ly with the LEV II SFTP 4k standards, that value19

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 may be used in the sales-weighted fleet-average with out applying an additional deterioration factor. For federally-certified test groups certifying in California in accordance with Section H.1.4 of the “California 2015 and Subsequent Model Criteria Pollutant Ex haust 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 Ve hicles,” the full-useful life emission value used to comply with federal full-useful life SFTP r equirements may be used in the sales-weighted fleetaverage without applying an additional deterioration fa ctor. In all cases, NMHC emission values for the US06 and SC03 test cycles shall be converted to NM OG emission values by multiplying by a factor of
1.03.

3 MDPVs are excluded 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+NO x and CO requirements.

4 LEV III Ttest groups shall certify to bins in increm ents of 0.010 g/mi. Begi nning with the 2018 model

year, vehicles 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, LD T, and, if applicable, MDPV certification bins, in

a given model year including carry-over certific ation 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" = t he numerical 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 S FTP on a 150,000-mile durability basis, and the SFTP carry-over composite emission value, as described in footnote 7 2 of this table, for carry-over LEV II test groups.

* * * *

(9) Requirement to Generate Additi onal NMOG+NOx Fleet Average
Credit. For a vehicle that is certified to the LEV III standards in subsection (a)(1), which does not generate a par tial ZEV allocation according to the criteria set
forth in section C.3 of the “Californi a Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Ze ro-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 Vehicle Classes,” a manufacturer may subtract 5 mg/mi from the NMOG+NOx
emission standards value set forth in s ubsection (b)(1)(B)1.c when calculating the manufacturer’s fleet average, provi ded that the manufacturer extends the performance and defects warranty peri od to 15 years or 150,000 miles, whichever occurs first, except that the ti me period is to be 10 years for a zero emission energy storage device (such as ba ttery, ultracapacitor, or other electric storage device)

.

* * * * [Eq. 2]20

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 (b) Emission Standards Phase-In Requirements for Manufacturers.

(1) Fleet Average NMOG + NOx Requi rements 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 fr om the passenger cars, light-duty trucks, and medium-duty passenger vehicl es that are produced and delivered for sale in California each model year by a manufacturer other than a small volume
manufacturer shall not exceed:

FLEET AVERAGE NON-METHANE ORGANIC GAS PLUS
OXIDES OF NITROGEN EXHAUST MASS EMISSION REQUIREMENTS FORPASSENGER CARS, LIGHT-DUTY TRUCKS, AND MEDIUMDUTY PASSENGER VEHICLES (150,000 mile Durability Vehicle Basis)

Model Year Fleet Average NMOG + NOx (grams per mile) All PCs;
LDTs 0-3750 lbs.
LVW LDTs
3751 lbs. LVW - 8500 lbs. GVWR;
All MDPVs

2014 1 0.107 0.128

2015 0.100 0.119

2016 0.093 0.110

2017 0.086 0.101

2018 0.079 0.092

2019 0.072 0.083

2020 0.065 0.074

2021 0.058 0.065

2022 0.051 0.056

2023 0.044 0.047

2024 0.037 0.038

2025+ 0.030 0.030

1 For the 2014 model year, a manufacturer may comply with the fleet average NMOG+NOx values in this table in lieu of complying with the NMOG fleet average values in subsection 1961(a)(b)(1)(A). A manufacturer must eith er comply with the NMOG+NOx fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet or comply with the NMOG fleet average requirements for both its PC/LDT1 fleet and its LDT2/MDPV fleet. A manufacturer must21

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 calculate its fleet average NMOG+NOx values us ing the applicable full useful life standards.

* * * *

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 an d SULEV20 standards. This minimum percentage must be equal to the aver age percentage of PZEVs produced and
deliver for sale in California for that manufacturer for the 2015 through 2017 model year. A manufacturer may calcul ate this average percentage using the projected sales for these model years in lieu of actual sales. The percentage of a manufacturer’s passenger car and light -duty truck fleet t hat certifies to
SULEV30 and SULEV20 standards aver aged across the applicable model year and the two previous model years shall be used to determine compliance with this requirement, beginning with the 2020 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 1962.1 and 1962.2 shall be included as LDT1s
in the calculation of a fl eet average NMOG+NOx value.

* * * *

(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 durabili ty 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 PC s, LDTs, and MDPVs to the SFTP
NMOG+NOx and CO emission standards in subsection (a)(7)(A)1 when the vehicles are also 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 fl eet-average NMOG+NOx composite emission value and each test group’s CO composite emission value does not22

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 exceed the applicable compos ite emission standards in effect for that model year in accordance with subsection (a)(7)(A)2. During the 150,000-mile durability phase-in, the sales-weight ed fleet-average NMOG+NOx composite
emission value shall be calculated usi ng 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 de terioration factor from the FTP cycle in lieu of deriving a deterioration fa ctor specific to SFTP test cycles. Any vehicle certified to SFTP requir ements on a 150,000-mile durability basis shall be subject to the applicable emissi on standards for the full useful life of that vehicle. Compliance with the CO composite emission standard cannot be demonstrated through fleet averaging.

Beginning with the 2017 model year, a manufa cturer 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 emi ssion standards in subsection (a)(7)(B).

* * * *

(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

.

* * * *

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

* * * *

(3) Procedure for Offsetting Debits.

* * * *

(B) For the 2015 and subsequent model years, tThe emission credits earned in any given model year shall retain full value through five23

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 subsequent model years. Credits will hav e no value if not used by the beginning of the sixth model y ear after being earned.

* * * *

(d) Test Procedures. The certification require ments and test procedures for determining compliance with the emission st andards in this section are set forth in the “California 2015 and Subsequent Model Criteria Po llutant Exhaust
Emission Standards and Test Procedur es and 2017 and Subsequent Model
Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” as adopted March 22, 2012 amended December 6, 2012, the “California Non-Methane Organic Gas Test Procedures,” as am ended March 22, 2012December 6, 2012, which are incorporated herein by reference. In the case of hybrid electric
vehicles and on-board fuel-f ired heaters, the certificat ion requirements and test procedures for determining compliance wit h the emission standards in this
section are set forth in the “Califor nia Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Ze ro-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporated by referenc e in section 1962.1, and the “California
Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” incorporated by
reference in section 1962.2.

* * * *

Note: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43101, 43104, 43105 and 43106, Health and Safety Code. Refere nce: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204 and 43205, Health and Safety Code.24

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 § 1961.3. Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2017 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

* * * *

(a) Greenhouse Gas Emission Requirements.

* * * *

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

* * * *

(C) How to Request Alternative Fleet Average Standards. Eligible manufacturers may petition fo r alternative standards for up to five consecutive model years if sufficient in formation is available on which to base
such standards.

* * * *

4. A manufacturer may elect to petition for alternative standards under this subsection (a)(3)(C) by subm itting to ARB a copy of the data and information submitted to EPA as requi red under 40 CFR §86.1818-12 (g), incorporated by reference in and amended by the “California 2015 and Subsequent Model Criteria Pollutan t 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 ,” and the EPA approval of the manufacturer’s request for alternativ e fleet average standards for the 2017 through 2025 MY National Greenhouse Gas Program.

* * * *

(6) Credits for Reduction of Ai r Conditioning Direct Emissions. Manufacturers may generate A/C Direct Emissions Credits by implementing specific air conditioning system technolog ies 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 Credi t for that model type by the Executive Officer. The conditions and requirements fo r obtaining approval of an A/C Direct
Emissions Credit are described in (A) through (F), below.25

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 * * * *

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

1. HFC-134a vapor compression systems

For A/C systems that us e 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 gCO 2e/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 evaluat ed using SAE International’s Surface Vehicle Standard SAE J2727 (Revised February 2012 August 2008), incorporat ed by reference, herein;
Min LR = 8.3 grams/year for pas senger 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 syst ems with belt-driven

compressors; Min LR = 4.1 grams/year for pas senger 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 manufactured A/C system in grams of refrigerant per year. The Executive Officer may allow a manufacturer to use an updated version of the August 2008 version of SAE J2727 or an alternate method if s/he determines that the updated SAE J2727 or the alternate method provides more accurate estimates of the initial leak rate of A/C systems than the February 2012 August
2008version of SAE J2727 does.26

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 2. Low-GWP vapor compression systems

For A/C systems that use a refriger ant 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 Vehi cle Standard SAE J2727 (Revised February 2012 August 2008);
Min LR = 8.3 g/yr for passenger cars;
Min LR = 10.4 g/yr for light- duty trucks and medium-duty passenger vehicles.

Note: Initial leak rate is the rate of refrigerant leakage from a newly manufactured A/C system in grams of refrigerant per year. The Executive Officer may allow a manufacturer to use an updated27

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 version of SAE J2727 or an alternate method if s/he determines that the updated SAE J2727 or the alternate method provides more accurate estimates of the initial leak rate of A/C systems than the February 2012 August 2008versi on of SAE J2727 does.

* * * *

(7) Credits for Improving Air C onditioning System Efficiency. Manufacturers may generate CO 2 credits by implementing specific air conditioning system technologies design ed 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. Cr edits shall be calculated according to this subsection (a)(7) for each air conditi oning system that t he 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.

* * * *

(E) For the purposes of this subsection (a)(7)(E), the AC17 Test
Procedure shall mean the AC17 Air Condi tioning Efficiency Test Procedure set forth in 40 CFR §86.167-17, incorporated in and amend ed by the “California 2015 and Subsequent Model Criteria Poll utant 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.”

* * * *

(11) Mid-Term Review of the 2022 through 2025 MY Standards. The
Executive Officer shall conduct a mid-term review to re-evaluate the state of vehicle technology to determine whether an y adjustments to the stringency of the 2022 through 2025 model year standards are appropriate. California’s mid-term review will be coordinated with its planned full participation in EPA’s mid-term
evaluation as set forth in 40 CFR §86.1818-12 (h).

(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 gr eenhouse gas program. Debits that are earned as part of the 2012 through 2016 MY National greenhouse gas program shall not be applicable to Calif ornia’s greenhouse gas program.

* * * *28

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 (4) Use of Greenhouse Gas Emission Credits to Offset a Manufacturer’s ZEV Obligations.

(A) For a given model year, a manufacturer that has Greenhouse Gas credits remaining after equalizing all of its Greenhouse Gas debits may use those Greenhouse Gas credits to comply wit h its ZEV obligations for that model year, in accordance with the provisions set forth in the “California Exhaust
Emission Standards and Test Procedur es for 2009 through 2017 Model ZeroEmission Vehicles and Hybrid Electric V ehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” in corporated by reference in section 1962.1, or the “California Exhaust Em ission 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.

* * * *

(c) Optional Compliance with the 2017 through 2025 MY National Greenhouse Gas Program.

For the 2017 through 2025 model years, a manufacturer may elect to demonstrate compliance with this sect ion 1961.3 by demonstrating compliance with the 2017 through 2025 MY National gr eenhouse gas program as follows:

(1) A manufacturer that selects co mpliance with this option must notify the Executive Officer of that selection, in writing, prior to the start of the applicable model year or must co mply with 1961.3 (a) and (b);

(2) The manufacturer must submit to ARB all data that it submits to EPA in accordance with the reporting requi rements as required under 40 CFR §86.1865-12, incorporated by reference in and amended by the “California 2015 and Subsequent Model Criter ia Pollutant Exhaust Em ission 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,” for demonstrating compliance with the 2017 through 2025 MY National greenhouse gas program and the EPA determination of compliance. All such data must be s ubmitted within 30 days of receipt of the EPA determination of compliance for eac h model year that a manufacturer selects compliance with this option;

(3) The manufacturer must provide to the Executive Officer separate
values for the number of vehicles in each model type and footprint value produced and delivered for sale in Californi a, the District of Columbia, and each individual state that has adopted Califo rnia's greenhouse gas emission standards for that model year pursuant to Sect ion 177 of the federal Clean Air Act (42 U.S.C. § 7507), the app licable fleet average CO 2 standards for each of these29

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 model types and footprint values, the calculated fleet average CO 2 value for each of these model types and footprint values, and all values used in calculating the fleet average CO 2 values.

(cd) Test Procedures. The certification requi rements and test procedures for determining compliance with the emissi on standards in this section are set
forth in the “Californi a 2015 and Subsequent Model Cr iteria Pollutant Exhaust
Emission Standards and Test Procedur es and 2017 and Subsequent Model
Greenhouse Gas Exhaust Emission St andards and Test Procedures for Passenger Cars, Light-Duty Trucks, and Medi um-Duty Vehicles,” incorporated by
reference in section 1961.2. In the ca se of hybrid electric vehicles, the certification requirements and test pr ocedures for determining compliance with
the emission standards in this section ar e set forth in the “California Exhaust
Emission Standards and Test Procedur es for 2009 through 2017 Model ZeroEmission Vehicles and Hybrid Electric V ehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes,” in corporated by reference in section 1962.1, or the “California Exhaust Emi ssion 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.

(de) Abbreviations. The following abbreviations are used in this section
1961.3:

* * * *

(ef) Definitions Specific to this Section. The following definitions apply to
this section 1961.3:

* * * *

(13) “EPA Vehicle Simulation Tool" means the "EPA Vehicle 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 [I nsert Federal Register for the 2017 and subsequent MY National Greenhouse Ga s Final Rule as proposed at 76 Fed. Reg. 74854, 75357 (December 1, 2011)].

* * * *

(17) “Full-size pickup truck” m eans a light-duty truck that 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 la teral distance between the limiting interferences (pass-through) of the wheelhouses. The measurement shall30

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 exclude the transitional arc, local pr otrusions, and depressions or pockets, if present. An open car go box means a vehicle where the cargo box does not have a permanent roof or cove r. Vehicles sold produced with
detachable covers are considered “open” for the purposes of these
criteria. 2. A minimum open cargo box le ngth of 60 inches, where the length is defined by the lesser of t he pickup bed length at the top of the body and the pickup bed length at the fl oor, where the lengt h at the top of the body is defined as the longitudinal di stance from the inside front of the pickup bed to the inside of the clos ed endgate as measured at the height of the top of the open pickup bed cargo floor surface along vehicle centerline, and the length at the fl oor 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 s ubtracting the gros s vehicle weight rating from the gross combined wei ght rating, or a minimum payload capability of 1,700 pounds, where mi nimum payload capability is determined by subtracting the curb we ight from the gross vehicle weight rating.

* * * *

(25) “2017 through 2025 MY Na tional Greenhouse Gas Program” means the national program that applies to new 2017 through 2025 model year passenger cars, light-duty-trucks, and medium-duty passenger vehicles as adopted by the U.S. Environm ental Protection Agency as codified in 40 CFR Part 86, Subpart S.

(256) “Oil separator” means a mec hanism that removes at least 50 percent of the oil entrained in the oil/re frigerant mixture exiting the compressor and returns it to the comp ressor housing or compresso r inlet, or a compressor design that does not rely on the circulat ion of an oil/refrigerant mixture for
lubrication.

(267) “Passive Cabin Ventilation” m eans ducts or devices which utilize
convective airflow to move heated air from the cabin interior to the exterior of the
vehicle.

(278) “Plug-in Hybrid Electric Vehi cle” means “off-vehicle charge capable hybrid electric vehicle” as defined in the “California Exhaust Emission Standards and Test Procedures for 2018 and Subsequent Model Zero-Emission Vehicles and Hybrid Electric Vehicles, in t he Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes.”31

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 (289) “Reduced reheat, with externally c ontrolled, fixed-displacement or pneumatic variable displacement comp ressor” means a system in which the output of either compressor is controll ed by cycling the compressor clutch offand-on via an electronic signa l, based on input from sensors (e.g., position or setpoint of interior temperature control, interior temperature, evaporator outlet air temperature, or refrigerant temperature) and air temper ature at the outlet of the evaporator can be controlled to a level at 41°F, or higher.

(2930) “Reduced reheat, with externally-c ontrolled, variable displacement compressor” means a system in which comp ressor displacement is controlled via an electronic signal, based on input from sensors (e.g., position or setpoint of interior temperature control, interior temperature, evaporator outlet air temperature, or refrigerant temperature) and air temper ature at the outlet of the evaporator can be controlled to a level at 41°F, or higher.

(301) “SC03” means the SC03 test cycl e as set forth in the “California 2015 and Subsequent Model Criteria Poll utant 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.”

(312) “Solar Reflective Paint” means 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 Transmitt ance of Materials Using Integrating Spheres, DOI: 10.1520/E0903-96 (Withdr awn 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.

(323) “Solar Roof Panels” means t he installation of solar panels on an electric vehicle or a plug-in hybrid electr ic vehicle such that the solar energy is used to provide energy to the electric driv e system of the vehicle by charging the battery or directly providing power to t he electric motor with the equivalent of at
least 50 Watts of rate d electricity output.

(334) “Strong hybrid gasoline-electric vehicle” means a vehicle that has start/stop capability and r egenerative braking capability, where the recaptured braking energy over the Feder al Test Procedure is at le ast 75 percent of the total braking energy, where the percent of recaptured brak ing energy is measured and calculated according to 40 CFR §600.108(g).32

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 (345) “Subconfiguration” means a unique combination within a vehicle configuration of equivalent test wei ght, road load horsepower, and any other operational characteristics or parameter s which is accepted by USEPA.

(356) “US06” means the US06 test cycl e as set forth in the “California 2015 and Subsequent Model Criteria Poll utant 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.”

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

(fg) Severability . Each provision of this section is severable, and in the event that any provision of th is 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, 43 102, 43104, 43105, 43106, 43204, 43205 and 43211, Health and Safety Code.33

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 § 1962.1. Zero-Emission Vehicle Standards for 2009 through 2017 Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles.

* * * * *

(b) Percentage ZEV Requirements.

* * * * *

(2) Requirements for Large Volume Manufacturers.

* * * * *

(D) Requirements for Large Volume Manufacturers in Model Years 2012 through 2017.

1. 2012 through 2014 Requirements. On an annual basis, a
manufacturer must meet the total Z EV obligation with ZEV credits generated by such vehicles, excluding credits generated by NEVs and Type 0 ZEVs equal to at least 0.79% of its annual sales, using either production volume determination method described in subdivision 1962.1(b)(1)(B). No more than 50% of the total obligation ma y be met with credits generated from PZEVs. No more than 75% of the total obligation may be met with credits generated from AT PZEVs. No more than 93.4% may be met with credits generated from TZEVs, Type 0 ZEVs, and NEVs, as limited in subdivision 1962.1(g)(6). The entire obligation may be met solely with credits generated
from ZEVs.

2. 2015 through 2017 Requirements. On an annual basis, a
manufacturer must meet its ZEV obli gation with ZEV credits generated by such vehicles, excluding credits gener ated by NEVs and Type 0 ZEVs, equal
to at least 3% of its annual sale s, using either production volume determination method described in subdivision 1962.1(b)(1)(B). No more
than 42.8% of the total obligation may be met with credits generated from
PZEVs. No more than 57.1% of the to tal obligation may be met with credits generated from AT PZEVs. No more than 78.5% may be met with credits generated from TZEVs, Type 0 ZEVs, and NEVs, as limited in subdivision 1962.1(g)(6). The entire obligation may be met solely with credits generated
from ZEVs.

* * * * *

(c) Partial ZEV Allowance Vehicles (PZEVs)

.

* * * * *34

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 (3) Zero-Emission VMT PZEV Allowance

.

(A) Calculation of Zero -Emission VMT Allowance

. A vehicle that meets the requirem ents of subdivision 1962.1(c)(2) and has zero-emission vehicle miles traveled (“VMT”) capabi lity will generate an additional zero
emission VMT PZEV allowanc e calculated as follows:

Range Zero-emission VMT Allowance

EAER u < 10 miles 0.0

EAER u ≥ 10 to 40 miles EAER u x (1 – UF Rcda )/11.028

EAER u > 40 miles (EAER u40 ) x [1 – (UF 40 *R cda /EAER u )]/
11.028 3.627 x (1 – UF n )
Where,

UF 40 = utility factor at 40 miles

EAER u40 = 40 miles n = 40 x (R cda /EAER u )

A vehicle cannot generate more than 1.39 zero-emission VMT
PZEV allowances.

The urban equivalent all- electric range (EAER u ) and urban charge depletion range actual (R cda ) shall be determined in accordance with section G. 5.411.4 and G.11.9, respectively, of the “C alifornia Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles, and Hybrid Electric Vehicles, in the Pa ssenger Car, Light-Duty Truck and Medium Duty Vehicle Classes,” adopted Decem ber 17, 2008, and last amended March 22, 2012December 6, 2012, incorporated by reference in section 1962.1(h). The utility Factor (UF) shall be determined a ccording to SAE International’s Surface Vehicle Information Report J2841 SEP2010 (Revised September 2010), incorporated by reference herein, from the Fleet Utility Factors (FUF) Table in Appendix B or using a polynomial curve fit with “FUF Fit” coefficients from Table 2 Utility Factor Equation Coefficients bas ed on the charge depleting actual range (urban cycle) (R cda ) shall be determined according to Section 4.5.2 Equation 6 and the “Fleet UF” Utility Factor Equation Coe fficients in Section 4.5.2, Table 3 of
SAE J2841 March 2009.

* * * * *35

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 (h) Test Procedures

.

(1) Determining Compliance

. The certification requirements and test procedures for determining compliance with this section 1962.1 are set forth in
"California Exhaust Emission Standards and Test Procedures for 2009 through 2017 Model Zero-Emission Vehicles and Hy brid Electric Vehicles, in the Passenger Car, Light-Duty Truck and M edium-Duty Vehicle Classes," adopted December 17, 2008, and last amended Marc h 22, 2012December 6, 2012, which is incorporated herein by reference.

* * * * *

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 3856 2, 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43018.5, 43100, 43101, 43101.5, 43102, 43 104, 43105, 43106, 43204, 43205, 43205.5 and 43206, Health and Safety Code.36

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 § 1962.2. Zero-Emission Ve hicle Standards for 2018 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles.

* * * * *

(c) Transitional Zero-Emission Vehicles (TZEV).

* * * * *

(2) TZEV Requirements

.

* * * * *

(B) Evaporative Emissions. Certify the vehicl e to the evaporative emission standards in subdivision 1976(b)(1 )(G). or 1976(b)(1)(E) Manufacturers may certify 2018 and 2019 TZEVs to t he evaporative standards for PCs and LDTs in subdivision 1976(b)(1)(E);

* * * * *

(3) Allowances for TZEVs

(A) Zero-Emission Vehicle Miles Traveled TZEV Allowance
Calculation

. A vehicle that meets the requi rements of subdivi sion 1962.2(c)(2) and has zero-emission vehicle miles traveled (VMT), as defined by and calculated by 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," adopted March 22, 2012, last am ended December 6, 2012, which is incorporated herein by reference, and m easured as equivalent all electric range (EAER) capability will generate an a llowance according to the following equation:

UDDS Test Cycle Range (EAER) Allowance

<10 all electric miles 0.00

≥ 10 all electric miles TZEV Cr edit = [(0.01) * EAER + 0.30]
>80 miles (credit cap) 1.10

1. Allowance for US06 Capability. TZEVs with US06 all electric range capability (AER ) of at least 10 miles s hall earn an additional 0.237

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 allowance. US06 test cycle range capability shall be determined in
accordance with section E.8G.7.5 of the “California Exhaust Emission
Standards and Test Procedures for the 2018 and Subsequent Model ZeroEmission Vehicles, and Hybrid Electric V ehicles in the Passenger Car, LightDuty Truck, and Medium Duty Vehicl e Classes,” adopted March 22, 2012, last amended December 6, 2012, which is in corporated herein by reference.

* * * * *

(g) Generation and Use of Credits; Calculation of Penalties

* * * * *

(6) Use of ZEV Credits

.

* * * * *

(C) GHG-ZEV Over Compliance Credits.

1. Application. Manufacturers may apply to the Executive Officer, no later than December 31, 2016, to be eligible for this subdivision 1962.2(g)(6)(C), based on the following qualifications:

a. A manufacturer must have no model year 2017 compliance debits and no outstanding debits from all previous model year compliance
with sections 1961.1 and 1961. 3, or must have demonstrated compliance with the National greenhouse gas progr am as allowed by subdivisions 1961.1(a)(1)(A)(ii) and 1961.3(c);, and

b. A manufacturer must have no model year 2017 compliance debits and no outstanding debits from all previous model year compliance with section 1962.1;, and

c. A manufacturer must submit doc umentation of its projected product plans to show over compli ance with the manufacturer’s section 1961.3 requirements, or over comp liance with National greenhouse gas program requirements as allowed by s ubdivision 1961.3(c), by at least 2.0 gCO 2 /mile in each model year through the entire 2018 through 2021 model year period, and its commi tment to do so in each year.38

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 2. Credit Generation and Calculation. Manufacturers must calculate their over compliance with section 1961.3 require ments, or over compliance with the National greenhouse gas program requirements as allowed by subdivision 1961.3(c), fo r model years 2018 through 2021 based on compliance with the previous model year standard. For example, to generate credits for this subdivision 1962.2(g)(6)(C) for model year 2018,
manufacturers would calculate credits based on model year 2017 compliance with section 1961.3, or over complia nce with the National greenhouse gas program as allowed by subdivision 1961.3(c).

a. At least 2.0 gCO 2 /mile over compliance with section 1961.3, or over compliance with the National greenhouse gas program as allowed by subdivision 1961.3(c), is requir ed in each year and the following equation must be used to calculate the amount of ZEV credits earned for purposes of this subdivision 1962.2(g)(6)(C), and:

[(Manufacturer US PC and LDT Sales) x (gCO 2 /mile below manufacturer GHG standard for a given model year)] / (Manufacturer GHG standard for a given model year)

b. Credits earned under section subd ivision 1961.3(a)(9), or credits earned under 40 CFR, part 86, Subpart S, §86.1866-12(a), §86.1866-12(b), or §86.1870-12, may not be included in the calculation of gCO 2 /mile credits for use in the above equat ion in subdivision a. All ZEVs
included in the calculation above mu st include upstream emission values
found in section 1961.3.

c. Banked gCO 2 /mile credits earned under sections 1961.1 and 1961.3, or under the Na tional greenhouse gas program requirements as allowed by subdivision 1961. 3(c), from previous model years or from other manufacturers may not be included in the calculation of gCO 2 /mile credits for use in the above equation in subdivision a.

3. Use of GHG-ZEV Over Compliance Credits. A manufacturer may use no more than t he percentage enumerated in the table
below to meet either the total ZEV r equirement nor the portion of their ZEV requirement that must be met with Z EV credits, with credits earned under this subdivision 1962.2(g)(6)(C).

2018 2019 2020 2021
50% 50% 40% 30%39

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 Credits earned in any given model year und er this subdivision 1962.2(g)(6)(C) may only be used in the applicable model year and may not be used in any other model year.

gCO 2 /mile credits used to calculate GH G-ZEV over compliance credits under this provision must also be remo ved from the manufacturer’s GHG compliance bank, and cannot be banked for future compliance toward section 1961.3, or towards compliance with the National greenhouse gas program requirements as allowed by subdivision 1961.3(c).

4. Reporting Requirements. Annually, manufacturers are required to submit calculations of cr edits for this subdivision 1962.2(g)(6)(C) for the model year, any remaining credi ts/debits from previous model years under section 1961.3, or under th e National greenhouse gas program requirements as allowed by subdi vision 1961.3(c), and projected credits/debits for future years thro ugh 2021 under section 1961.3 or under the National greenhouse gas program requirem ents as allowed by subdivision 1961.3(c) and this subdivisi on 1962.2(g)(6)(C).

If a manufacturer, who has been granted the ability to generate credits under this subdivision 1962.2(g)(6)(C) , fails to over comply by at least 2.0 gCO 2 /mile in any one year, the manufacturer will be subject to the full ZEV requirements for the model year and fu ture model years, and will not be able to earn credits for any other mo del year under this subdivision 1962.2(g)(6)(C).

5. If the Executive Officer does not make a determination that a Federal greenhouse gas fleet standard is functionally equivalent to subdivision 1961.3, than this subdivisi on 1962.2(g)(6)(C) 1. through 4. is unavailable for use by any manufacturer.

* * * * *

(h) Test Procedures

.

(1) Determining Compliance

. The certification requirements and test procedures for determining compliance with this section 1962.2 are set forth in
"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 M edium-Duty Vehicle Classes," adopted March 22, 2012, last amended December 6, 2012, which is incorporated herein by reference.40

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 * * * * *

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 3856 2, 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43018.5, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43204, and 43205.5, Health and Safety Code.41

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 § 1976. Standards and Test Procedur es for Motor Vehicle Fuel Evaporative
Emissions.

* * * *

(b)(1) Evaporative emissions for 1978 and subsequent model gasoline-fueled, 1983 and subs equent model liquefied pet roleum gas-fueled, and 1993 and subsequent model alco hol-fueled motor vehicles and hybrid electric vehicles subject to exhaust emission standards under this article, except petroleum-fueled diesel vehicles, compre ssed natural gas-fueled vehicles, hybrid
electric vehicles that have sealed f uel systems which can be demonstrated to have no evaporative emissions, and motorcycle s, shall not exceed the following
standards:

* * * *

(G) For 2015 and subsequent model motor vehicles, the following evaporative emission requirements apply:

* * * *

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 emissi on standards set forth in section 1976(b)(1)(E) through the 2018 model year and be considered compliant with the requirements of section 1976(b)(1)(G) 1. For all motor vehicles that are certified via this carry-over provision, the emission standards set forth in section 1976(b)(1)(E) shall apply when determining in-use compliance throughout the vehicle’s useful life. If the manufactu rer chooses to participate in the fleet-average option for the highest whole vehicle diurnal plus hot soak emission standard, the following family em ission limits are assigned to these evaporative families for the calculation of the manufacturer’s fleet-average hydrocarbon emission value.42

As Amended: December 6, 2012 Date of Hearing: November 15, 2012 Vehicle Type Highest Whole Vehicle
Diurnal + Hot Soak

(grams per test)
Passenger cars 0.300

Light-duty trucks
6,000 lbs. GVWR and under,
and 0 - 3,750 lbs. LVW 0.300

Light-duty trucks
6,000 lbs. GVWR and under,
and 3,751 – 5,750 lbs. LVW 0.400

Light-duty trucks
6,001 - 8,500 lbs. GVWR 0.500

* * * *

(c) The test procedures for determini ng compliance with the standards in subsection (b) above applicable to 1978 th rough 2000 model year vehicles are set forth in “California Evaporative Em ission 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 in corporated herein by reference. The test procedures for determining comp liance with standards applicable to 2001 and subsequent model year vehicles are se t forth in the “California Evaporative
Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles,” adopted by the state board on August 5, 1999, and as last amended March 22, 2012December 6, 2012, which is incorporated herein by reference.

* * * *

Note: Authority cited: Sections 3950 0, 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.