Date of Release: August 7, 2009; 45-Day Notice Version 

Date of Hearing: September 24-25, 2009 

Appendix A 

PROPOSED REGULATION ORDER 

Title 13 California Code of Regulations 
Date of Release: August 7, 2009; 45-Day Notice Version 

Date of Hearing: September 24-25, 2009

2

PROPOSED REGULATION ORDER 

Set forth below are the proposed amendments to title 13 of the California Code of 

Regulations. Amendments proposed and subject to comment in this rulemaking are 

shown in underline to indicate additions and strikeout to indicate deletions. 

Amendments to these regulations that were adopted by the Board on May 28, 2009 as 

part of a rulemaking for plug-in hybrid electric vehicles, but which have not yet been 

approved by the Office of Administrative Law are indicated in dotted underline to 

indicate additions and italics double strikeout to indicate deletions. The dotted 

underline and italics double strikeout text is presented for context and completeness 

only and is not subject to comment in this proposal. Subsections for which no changes 

are proposed in this rulemaking are indicated with [No change.] 

§ 1961. Exhaust Emission Standards and Test Procedures - 2004 and 

Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty 

Vehicles.

 Introduction. [No change.] 

Sections (a) through (c). [No change.] 

(d) Test Procedures. The certification requirements and test procedures for 

determining compliance with the emission standards in this section are set forth in the 

“California Exhaust Emission Standards and Test Procedures for 2001 and 

Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” 

as amended May 2, 2008 [insert date of amendment for the plug-in hybrid electric 

vehicle rulemaking] [insert date of amendment for this rulemaking], and the “California 

Non-Methane Organic Gas Test Procedures,” as amended July 30, 2002, which are 

incorporated herein by reference. In the case of hybrid electric vehicles and on-board 

fuel-fired heaters, the certification requirements and test procedures for determining 

compliance with the emission standards in this section are set forth in the “California 

Exhaust Emission Standards and Test Procedures for 2005 and Subsequent through 

2008 Model Zero-Emission Vehicles, and 2001 and Subsequent through 2008 Model 

Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty 

Vehicle Classes,” incorporated by reference in section 1962 and the “California 

Exhaust Emission Standards and Test Procedures for 2009 and Subsequent Model 

Zero-Emission Vehicles and Hybrid Electric Vehicles, in the Passenger Car, Light-Duty 

Truck and Medium-Duty Vehicle Classes,” incorporated by reference in section 1962.1. 

 (e) Abbreviations. [No change.] 

Note: Authority cited: Sections 39500, 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, 43104, 43105, 43106, 43204, and 43205, Health and 

Safety Code. 
Date of Release: August 7, 2009; 45-Day Notice Version 

Date of Hearing: September 24-25, 2009

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§ 1961.1. Greenhouse Gas Exhaust Emission Standards and Test Procedures - 

2009 and Subsequent Model Passenger Cars, Light-Duty Trucks, and MediumDuty Vehicles. 

(a) Greenhouse Gas Emission Requirements. The greenhouse gas emission 

levels from new 2009 and subsequent model year passenger cars, light-duty trucks, 

and medium-duty passenger vehicles shall not exceed the following requirements. 

Light-duty trucks from 3751 lbs. LVW – 8500 lbs. GVW that are certified to the Option 1 

LEV II NOx Standard in section 1961(a)(1) are exempt from these greenhouse gas 

emission requirements, however, passenger cars, light-duty trucks 0-3750 lbs. LVW, 

and medium-duty passenger vehicles are not eligible for this exemption. 

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

(A) The fleet average greenhouse gas exhaust mass emission values 

from passenger cars, light-duty trucks, and medium-duty passenger vehicles that are 

produced and delivered for sale in California each model year by a large volume 

manufacturer shall not exceed: 
Date of Release: August 7, 2009; 45-Day Notice Version 

Date of Hearing: September 24-25, 2009

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FLEET AVERAGE GREENHOUSE GAS 

EXHAUST MASS EMISSION REQUIREMENTS FOR 

PASSENGER CAR, LIGHT-DUTY TRUCK, AND MEDIUMDUTY PASSENGER VEHICLE WEIGHT CLASSES1

(4,000 mile Durability Vehicle Basis) 

Fleet Average Greenhouse Gas Emissions 

 

(grams per mile CO2-equivalent) 

Model Year

All PCs; 

LDTs 0-3750 lbs. 

LVW 

LDTs 

 3751 lbs. LVW - 8500 

lbs. GVW; MDPVs 

2009 323 439 

2010 301 420 

2011 267 390 

2012 233 361 

2013 227 355 

2014 222 350 

2015 213 341 

2016+ 205 332 

1

 Each manufacturer shall demonstrate compliance with these values in accordance with section 

1961.1(a)(1)(B). 

 

1. For each model year, a manufacturer must demonstrate 

compliance with the fleet average requirements in this section 1961.1(a)(1)(A) based on 

one of two options applicable throughout the model year, either: 

Option 1: the total number of passenger cars, light-duty trucks, and 

medium-duty passenger vehicles that are certified to the California exhaust emission 

standards in this section 1961.1, and are produced and delivered for sale in California; 

or 

Option 2: the total number of passenger cars, light-duty trucks, and 

medium-duty passenger vehicles that are certified to the California exhaust emission 

standards in this section 1961.1, and are produced and delivered for sale in California, 

the District of Columbia, and all states that have adopted California’s greenhouse gas 

emission standards for that model year pursuant to Section 177 of the federal Clean Air 

Act (42 U.S.C. § 7507). 

a. For the 2009 and 2010 model years, a manufacturer that selects 

compliance Option 2 must notify the Executive Officer of that selection, in writing, within 

30 days of the effective date of the amendments to this section (a)(1)(A)1 or must comply 

with Option 1.
Date of Release: August 7, 2009; 45-Day Notice Version 

Date of Hearing: September 24-25, 2009

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b. For the 2011 and later model years, a manufacturer that selects 

compliance Option 2 must notify the Executive Officer of that selection, in writing, prior 

to the start of the applicable model year or must comply with Option 1.

c. When a manufacturer is demonstrating compliance using Option 2

for a given model year, the term “in California” as used in subsections 1961.1(a)(1)(B)3.

and 1961.1(b) means California, the District of Columbia, and all states that have 

adopted California’s greenhouse gas emission standards for that model year pursuant 

to Section 177 of the federal Clean Air Act (42 U.S.C. § 7507).

d. A manufacturer that selects compliance Option 2 must provide to 

the Executive Officer production, delivery, and sales values separately for the District of 

Columbia and for each individual state within the average. 

(B) Calculation of Fleet Average Greenhouse Gas Value.

1. Basic Calculation.

a. Each manufacturer shall calculate both a “city” grams per mile 

average CO2-equivalent value for each GHG vehicle test group and a “highway” grams 

per mile average CO2-equivalent value for each GHG vehicle test group, including 

vehicles certified in accordance with section 1960.5 and vehicles certified in accordance 

with section 1961(a)(14), using the following formula. Greenhouse Gas emissions used 

for the “city” CO2-equivalent value calculation shall be measured using the “FTP” test 

cycle (40 CFR, Part 86, Subpart B). Greenhouse Gas emissions used for the “highway” 

CO2-equivalent value calculation shall be based on emissions measured using the 

Highway Test Procedures. 

CO2-Equivalent Value = CO2 + 296 x N2O + 23 x CH4 - A/C Direct Emissions Allowance - A/C 

Indirect Emissions Allowance 

A manufacturer may use N2O = 0.006 grams per mile in lieu of measuring N2O exhaust 

emissions. A manufacturer that elects to use CAFE Program emissions data to 

demonstrate compliance with the greenhouse requirements may substitute the term 1.9 

CO2-equivalent grams per mile for the terms “296 x N2O + 23 x CH4” in this equation.

b. A/C Direct Emissions Allowance. A manufacturer may use the 

following A/C Direct Emission Allowances, upon approval of the Executive Officer, if 

that manufacturer demonstrates that the following requirements are met. Such 

demonstration shall include specifications of the components used and an engineering 

evaluation that verifies the estimated lifetime emissions from the components and the 

system. A manufacturer shall also provide confirmation that the number of fittings and 

joints has been minimized and components have been optimized to minimize leakage. 

No A/C Direct Emissions Allowance is permitted if the following requirements are not 

met. 
Date of Release: August 7, 2009; 45-Day Notice Version 

Date of Hearing: September 24-25, 2009

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Sections (a)(1)(B)1.b.i. through (a)(1)(B)1.b.iii.. [No change.] 

iv. A manufacturer that elects to use CAFE Program emissions 

data to demonstrate compliance with the greenhouse requirements shall 

calculate the A/C Direct Emissions Allowance for each Vehicle 

Configuration by calculating the A/C Direct Emissions Allowance for each 

air conditioning system used in that Vehicle Configuration and calculating 

a sales-weighted average for that Vehicle Configuration.

c. A/C Indirect Emissions Allowance. A manufacturer may use the 

following A/C Indirect Emissions Allowances, upon approval of the Executive Officer, if 

the manufacturer demonstrates using data or an engineering evaluation that the air 

conditioning system meets the following requirements. A manufacturer may use the 

following A/C Indirect Emissions Allowances for other technologies, upon approval of 

the Executive Officer, if that manufacturer demonstrates that the air conditioning system 

achieves equal or greater CO2-equivalent grams per mile emissions reductions. 

Sections (a)(1)(B)1.c.i. through (a)(1)(B)1.c.iii.. [No change.] 

iv. A manufacturer that elects to use CAFE Program emissions 

data to demonstrate compliance with the greenhouse requirements shall 

calculate the A/C Indirect Emissions Allowance for each Vehicle 

Configuration by calculating the A/C Indirect Emissions Allowance for 

each air conditioning system used in that Vehicle Configuration and 

calculating a sales-weighted average for that Vehicle Configuration.

Sections (a)(1)(B)1.d. through (a)(1)(D). [No change.] 

(b) Calculation of Greenhouse Gas Credits/Debits.

Sections (b)(1) and (b)(2). [No change.] 

(3) Procedure for Offsetting Greenhouse Gas Debits.

(A) A manufacturer shall equalize Greenhouse Gas emission debits by 

earning g/mi Greenhouse Gas emission credits in an amount equal to the g/mi 

Greenhouse Gas debits, or by submitting a commensurate amount of g/mi Greenhouse 

Gas credits to the Executive Officer that were earned previously or acquired from 

another manufacturer. A manufacturer shall equalize Greenhouse Gas debits for PCs, 

LDTs, and MDPVs within five model years after they are earned. If emission debits are 
Date of Release: August 7, 2009; 45-Day Notice Version 

Date of Hearing: September 24-25, 2009

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not equalized within the specified time period, the manufacturer shall be subject to the 

Health and Safety Code section 43211 civil penalty applicable to a manufacturer which 

sells a new motor vehicle that does not meet the applicable emission standards 

adopted by the state board. The cause of action shall be deemed to accrue when the 

emission debits are not equalized by the end of the specified time period. For a 

manufacturer demonstrating compliance under Option 2 in subsection 

1961.1(a)(1)(A)1., the emission debits that are subject to a civil penalty under Health 

and Safety Code section 43211 shall be calculated separately for California, the District 

of Columbia, and each individual state that is included in the fleet average greenhouse 

gas requirements in subsection 1961.1(a)(1)(A)1. These emission debits shall be 

calculated for each individual state using the formula in subsections 1961.1(b)(1)(B)

and 1961.1(b)(2), except that the “Total No. of Vehicles Produced and Delivered for 

Sale in California, including ZEVs and HEVs” shall be calculated separately for the 

District of Columbia and each individual state. 

For the purposes of Health and Safety Code section 43211, the number of passenger 

cars and LDT1s not meeting the state board’s emission standards shall be determined 

by dividing the total amount of g/mi Greenhouse Gas emission debits for the model 

year calculated for California by the g/mi Greenhouse Gas fleet average requirement for 

PCs and LDTs 0 3750 lbs. LVW applicable for the model year in which the debits were 

first incurred. For the purposes of Health and Safety Code section 43211, the number 

of LDT2s and MDPVs not meeting the state board’s emission standards shall be 

determined by dividing the total amount of g/mi Greenhouse Gas emission debits for 

the model year by the g/mi Greenhouse Gas fleet average requirement for LDTs 3751 

lbs. LVW – 8500 lbs. GVW and MDPVs applicable for the model year in which the 

debits were first incurred. 

Sections (b)(3)(B) through (g). [No change.] 

Note: Authority cited: Sections 39500, 39600, 39601, 43013, 43018, 43018.5, 43101, 43104 and 

43105, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 

43013, 43018, 43018.5, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, 43205, and 

43211, Health and Safety Code.