1 ATTACHMENT I

Proposed 15-Day Modifications to Sections 1968.2, 1 971.1, and 1971.5, title 13, California Code of Regulations

Set forth below are proposed modifications to the a mendments to California Code of Regulations, title 13, sections 1968.2 and 1971.1 a nd to California Code of Regulations, title 13, section 1971.5 that were presented to the Board for adoption on May 28, 2009. The original proposed amendments were made availabl e to the public as part of the 45-Day Notice on April 10, 2009. The original prop osed amendments to sections 1968.2 and 1971.1 are shown in single underline to indicate additions and single

strikeout to indicate deletions made to the existing text th at was adopted for section

1971.1 in 2005 and was last amended for section 196 8.2 in 2006. The regulatory text for section 1971.5 that was proposed as part of the 45-Day Notice is indicated in plain type. The proposed modifications made available by the “15-day” notice are shown in

double underline to indicate additions and doub le strikeout to indicate deletions.

Various portions of the regulations that are not mo dified by the staff’s suggested

modifications are omitted from the text shown and i ndicated by:

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§1968.2. Malfunction and Diagnostic System Require ments -- 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Tr ucks, and Medium-Duty Vehicles and Engines

* * * * (d) GENERAL REQUIREMENTS.

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(2) MIL and Fault Code Requirements

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(2.5) Erasing a permanent fault code. The OBD system sh all erase a permanent fault code under the following conditions:

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(2.5.2) If all fault information in the on-board computer other than the permanent fault code has been cleared (i.e., through the use of a scan tool or battery disconnect) and the OBD II system is not commanding the MIL on:

* * * * (B) Except as provided for in sections (d)(2.5.2)(D ) and (E), if the monitor of the malfunction that caused the permanent fault cod e to be stored is not subject to the minimum ratio requirements of sectio n (d)(3.2) (e.g., gasoline misfire monitor, fuel system monitor, comp rehensive component circuit continuity monitors), the OBD II system sha ll erase the permanent fault code at the end of a driving cycle if: (i) The monitor has run and made one or more determ inations during a driving cycle that the malfunction of the component or the system is not present and has not made any determinations within the same driving cycle that the malfunction is present; (ii) The monitor has not made any determinations th at the malfunction is present subsequent to the most recent driving cycle in which the criteria of section (d)(2.5.2)(B)(i) are met; and (iii) The following criteria are satisfied on any s ingle driving cycle (which may be a different driving cycle than that in which the criteria of section (d)(2.5.2)(B)(i) are satisfied): a. Cumulative time since engine start is greater th an or equal to 600 seconds; b. Except as provided in section (d)(2.5.2)(B)(iii) e. below, C c umulative vehicle operation at or above 25 miles per hour occ urs for greater than or equal to 300 seconds (medium-duty vehicles with diesel engines certified on an engine dynamometer may use cumulative operation at or above 15% calculated load 1150 rpm in lieu of at or above 25 miles per hour for purposes of this criter ia); and c. Continuous vehicle operation at idle (i.e., acce lerator pedal released by driver and either

vehicle speed less than or equal to one mile per hour or engine speed less than or equal to 200 rpm above normal warmed-up idle (as determined in the drive p osition for3 vehicles equipped with an automatic transmission) ) for greater than or equal to 30 seconds; and

d. For 2013 and subsequent model year engines, T t he monitor has not made any determination that the malfunction is pres ent.

e. For 2004 through 2012 model year medium-duty vehic les with diesel engines certified on an engine dynamometer, manufac turers may use diesel engine operation at or above 15 percent calculated load in lieu of 1150 rpm for the criterion in section (d )(2.5.2)(B)(iii)b.

above. (iv) Monitors required to use “similar conditions” as defined in section (c) to store and erase pending and confirmed fault code s may not require that the similar conditions be met prior to erasure of the permanent

fault code.

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(4) In-Use Monitor Performance Ratio Definition

.

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(4.3) Denominator Specifications

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(4.3.2) Specifications for incrementing:

* * * * (B) The denominator for each monitor shall be incre mented within ten seconds if and only if the following criteria are s atisfied on a single driving cycle: (i) Cumulative time since engine start is greater t han or equal to 600 seconds while at an elevation of less than 8,000 fe et above sea level and at an ambient temperature of greater than or eq ual to 20 degrees Fahrenheit; (ii) Except as provided in section (d)(4.3.2)(B)(iv ) below, C c umulative vehicle operation at or above 25 miles per hour occ urs for greater than or equal to 300 seconds while at an elevation of le ss than 8,000 feet above sea level and at an ambient temperature of gr eater than or equal to 20 degrees Fahrenheit (medium-duty vehicle s with diesel engines certified on an engine dynamometer may use cumulative operation at or above 15% calculated load 1150 rpm in lieu of at or above 25 miles per hour for purposes of this criter ia); (iii) Continuous vehicle operation at idle (i.e., a ccelerator pedal released by driver and either

vehicle speed less than or equal to one mile per hour or engine speed less than or equal to 200 rpm above normal warmed-up idle (as determined in the drive position for vehicles equipped with an automatic transmission) ) for greater than or equal to 30 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit;

.4 (iv) For 2004 through 2012 model year medium-duty vehic les with diesel engines certified on an engine dynamometer, manufac turers may use diesel engine operation at or above 15 percent calc ulated load in lieu of 1150 rpm for the criterion in section (d)(4.3.2) (B)(ii) above.

* * * * (F) In addition to the requirements of section (d)( 4.3.2)(B) above, the denominator(s) for the following monitors of output components (except those operated only at engine start-up and subject to the requirements of the previous section (d)(4.3.2)(E)) shall be increm ented if and only if the component is commanded to function (e.g., commanded “on”, “open”, “closed”, “locked”, etc.) on two or more occasions for greater than two seconds during the driving cycle or for a cumulativ e time greater than or equal to ten seconds, whichever occurs first: (i) Air conditioning system (section (e)(12)) (ii) Variable valve timing and/or control system (s ections (e)(13) and (f)(13)) (iii) “Other emission control or source device” (se ctions (e)(16) and (f)(16)) (iv) Comprehensive component output component (sect ions (e)(15) and (f)(15)) (e.g., turbocharger waste-gates, variable length manifold runners, torque converter clutch lock-up solenoids, etc.) (G) For the following monitors, the denominator(s) shall be incremented by one if and only if, in addition to meeting during a driving cycle in which the following two criteria are met: (1) the requirements of section (d)(4.3.2)(B)

have been met on at least one driving cycle since the denominato r was last incremented , and (2) at least the number of cumulative miles of vehicle operation since the denominator was last in cremented is greater than or equal to 500 cumulative miles of vehicle operation have been experienced since the last time the denominator was incremented : (i) Diesel NMHC converting catalyst (section (f)(1 .2.2 )) (ii) Diesel NMHC converting catalyst other aftertre atment assistance functions (sections (f)(1.2.3)(B) and (f)(1.2.3)(D) ) (iii) Diesel PM filter (sections (f)(9.2.1 ), (f)(9.2.4), and (f)(9.2.5) )

* * * * (I) For 2013 and subsequent model year vehicles, I i n addition to the requirements of section (d)(4.3.2)(B) above, the de nominator(s) for the following monitors shall be incremented if and only if a regeneration event is commanded for a time greater than or equal to te n seconds: (i) Diesel NMHC converting catalyst other aftertreatme nt assistance functions (sections (f)(1.2.3)(A) and (f)(1.2.3)(C) ) (ii) PM filter incomplete regeneration (section (f)(9.2 .3)) (iii) PM filter active/intrusive injection (section (f)( 9.2.6))

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(f) MONITORING REQUIREMENTS FOR DIESEL/COMPRESSION-IGNI TION5

ENGINES.
(1) NON-METHANE HYDROCARBON (NMHC) CONVERTING CATALYST

MONITORING

* * * * [Note: No 15-day changes are proposed for the follo wing sections (f)(1.2.2) and (f)(1.2.3) however the regulatory text was included since it is referenced in the changes proposed above for sections (d)(4.3.2)(G) and (d)(4 .3.2)(I).]

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(1.2) Malfunction Criteria:

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(1.2.2) Conversion Efficiency: (A) The OBD II system shall detect an NMHC catalyst malfunction when the catalyst conversion capability decreases to the poi nt that NMHC

emissions exceed: (i) For passenger cars, light-duty trucks, and MDPV s certified to a chassis dynamometer tailpipe emission standard: a. 5.0 times the applicable FTP NMHC standards for 2004 through 2009 model year vehicles; b. 3.0 times the applicable FTP NMHC standards for 2010 through 2012 model year vehicles; and c. 1.75 times the applicable FTP NMHC standards for 2013 and subsequent model year vehicles. (ii) For medium-duty vehicles (including MDPVs) cer tified to an engine dynamometer tailpipe emission standard: a. 2.5 times the applicable NMHC standards for 2007 through 2012 model year vehicles; and b. 2.0 times the applicable NMHC standards or the applicable NOx standard by more than 0.2 g/bhp-hr (e.g., cause emi ssions to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) for 2013 and subsequent model year vehicles. (B) Except as provided below in section (f)(1.2.2)( C), if no failure or deterioration of the catalyst NMHC conversion capability could result in
NMHC or NOx emissions exceeding the applicable malfunction cri teria of section (f)(1.2.2)(A), the OBD II system shall dete ct a malfunction when the catalyst has no detectable amount of NMHC or NO x conversion capability.

* * * *
(1.2.3) Other Aftertreatment Assistance Functions. Additi onally, for 2010 and subsequent model year vehicles, the catalyst(s) sha ll be monitored for

other aftertreatment assistance functions: (A) For catalysts used to generate an exotherm to a ssist PM filter regeneration, the OBD II system shall detect a malf unction when the catalyst is unable to generate a sufficient exother m to achieve regeneration of the PM filter. (B) For 2010 and subsequent model year passenger ca rs, light-duty trucks, and MDPVs certified to a chassis dynamometer tailpi pe emission standard6 and 2013 and subsequent model year medium-duty vehi cles (including MDPVs) certified to an engine dynamometer tailpipe emission standard,

F f or catalysts used to generate a feedgas constituenc y to assist SCR systems (e.g., to increase NO 2 concentration upstream of an SCR system), the OBD II system shall detect a malfuncti on when the catalyst is unable to generate the necessary feedgas constituen ts for proper SCR system operation. (C) For catalysts located downstream of a PM filter and used to convert NMHC emissions during PM filter regeneration, the O BD II system shall detect a malfunction when the catalyst has no detec table amount of NMHC conversion capability. (D) For catalysts located downstream of an SCR syst em (e.g., and used to prevent ammonia slip) , the OBD II system shall detect a malfunction when the catalyst has no detectable amount of NMHC, CO, NOx, or PM conversion capability. Monitoring of the catalyst shall not be required if there is no measurable emission impact on the crite ria pollutants (i.e., NMHC, CO, NOx, and PM) during any reasonable drivin g condition where the catalyst is most likely to affect criteria poll utants (e.g., during conditions most likely to result in ammonia generat ion or excessive reductant delivery).

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(3) MISFIRE MONITORING

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(3.2) Malfunction Criteria:

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(3.2.4) For multiple cylinder misfire situations that resu lt in a misfire rate greater than or equal to 50 percent of all engine firings , the OBD II system shall only be required to detect a misfire malfunction fo r situations that are caused by a single component failure.

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(4) FUEL SYSTEM MONITORING

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(4.2) Malfunction Criteria:

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(4.2.5) For purposes of determining the fuel system malfun ction criteria in sections (e f )(4.2.1) through (4.2.3) for medium-duty vehicles ( including MDPVs) certified to an engine dynamometer tailpipe emission standard, the manufacturer shall do the following: (A) For 2004 through 2012 model year vehicles, the mal function criteria shall be established by using a fault that affects either a single injector or all injectors equally.7 (B) For 2013 and subsequent model year vehicles, for s ection (e f )(4.2.1), the malfunction criteria shall be established by using a fault that affects all injectors equally. Additionally, for systems that have single component failures which could affect a single injector (e.g. , systems that build injection pressure within the injector that could h ave a single component pressure fault caused by the injector itself), the malfunction criteria shall also be established by using a fault that affects a single injector. (C) For 2013 and subsequent model year vehicles, for s ections (e f )(4.2.2) through (4.2.3), the malfunction criteria shall be established by both (1) a fault that affects all the injectors equally and (2 ) a fault that affects only one injector.
(4.3) Monitoring Conditions:
(4.3.1) Except as provided in sections (e f )(4.3.2) and (e f )(4.3.4), T t he OBD II system shall monitor continuously for malfunctions identified in sections (f)(4.2.1) and (f)(4.2.4) (i.e., fuel pressure cont rol and feedback operation).
(4.3.2) For fuel systems that achieve injection fuel press ure within the injector or increase pressure within the injector (e.g. in the injector of an amplified common rail system), manufacturers may request Exec utive Officer approval to define the monitoring conditions for ma lfunctions identified in sections (e f )(4.2.1) in accordance with sections (d)(3.1) and ( d)(3.2) (i.e., minimum ratio requirements). The Executive Officer shall approve the monitoring conditions upon the manufacturer submitt ing data and/or analysis identifying all possible failure modes and the effect each has (e.g., failure modes and effects analysis) on fuel pressure across the entire range of engine operating conditions, and up on the Executive Officer determining based on the data and/or analys is that the monitoring

conditions allow for robust detection of all causes of fuel pressure

malfunctions.

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(6) EXHAUST GAS RECIRCULATION (EGR) SYSTEM MONITORING

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(6.2) Malfunction Criteria:

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(6.2.5) EGR Cooler Performance: (A) The OBD II system shall detect a malfunction of the EGR cooler system
cooler at or prior to a reduction from the manufacturer's specified cooling performance that would cause a vehicle’s NMHC, CO, NOx, or PM emissions to exceed the applicable emission levels specified in sections (f)(6.2.1)(A):

. * * * * (C) For purposes of determining the EGR cooler perform ance malfunction criteria in section (f)(6.2.5)(A) for EGR cooler sy stems that consist of more than one cooler (e.g., a pre-cooler and a main cool er, two or more coolers in series), the manufacturer shall submit an EGR co oler system aging and8 monitoring plan to the Executive Officer for review and approval. The plan shall include the description and location of each component, the monitoring strategy for each component and combinat ion of components, and the method for determining the malfunction crit eria of section ( e)(3.2.5)(A) (f)(6.2.5)(A) including the deterioration/aging process. Executive Officer approval of the plan shall be bas ed on the representativeness of the aging to real world EGR c ooler system component deterioration under normal and malfunctio ning engine operating conditions and the effectiveness of the m ethod used to determine the malfunction criteria of section (e)(3 .2.5)(A) (f)(6.2.5)(A)

. * * * *
(6.3) Monitoring Conditions:
(6.3.1) For malfunctions identified in sections (f)(6.2.1) and (f)(6.2.2) (i.e., EGR low and high flow) manufacturers shall , manufacturers shall define monitoring conditions : (A) For 2004 through 2009 model year vehicles, Define monitoring conditions in accordance with sections (d)(3.1) and (d)(3.2) ( i.e., minimum ratio requirements) for 2004 through 2009 model year vehi cles . For purposes of tracking and reporting as required in section (d )(3.2.2), all monitors

used to detect malfunctions identified in sections (f)(6.2.1) and (f)(6.2.2) shall be tracked separately but reported as a singl e set of values as specified in section (d)(5.2.2); (B) Except as provided in section (e f )(6.3.5), ensure that monitoring is

C c onducted continuously for all 2010 and subsequent m odel year

vehicles.

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(7) BOOST PRESSURE CONTROL SYSTEM MONITORING

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(7.2) Malfunction Criteria:

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(7.2.3) VGT s S low response: (A) For 2010 through 2012 model year vehicles equip ped with variable geometry turbochargers (VGT), T t he OBD II system shall detect a malfunction at or prior to any failure or deteriora tion in the capability of the VGT system to achieve the commanded turbocharger ge ometry within a manufacturer-specified time that would cause a vehi cle's NMHC, CO, NOx, or PM emissions to exceed the applicable emiss ion levels specified

in sections (f)(7.2.1)(A). For vehicles in which no failure o r deterioration of the VGT system response could result in a vehicle’s emissions exceeding these levels, the OBD II system shall detect a malf unction of the VGT system when proper functional no detectable response of the system to comput er a change in commands ed turbocharger geometry does not

occur s

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(7.3) Monitoring Conditions:
(7.3.1) Except as provided in section (e f )(7.3.4), T t he OBD II system shall monitor continuously for malfunctions identified in section s (f)(7.2.1), (7.2.2), and (7.2.5) (i.e., over and under boost, feedback contr ol).

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(8) NOx ADSORBER MONITORING

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(8.3) Monitoring Conditions:

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(8.3.2) Except as provided in section (e f )(8.3.3), T t he OBD II system shall monitor continuously for malfunctions identified in section s (f)(8.2.2) and (8.2.3) (e.g., injection function, feedback control).

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(9) PARTICULATE MATTER (PM) FILTER MONITORING

* * * * [Note: No 15-day changes are proposed for the follo wing sections (f)(9.2.1), (f)(9.2.4), and (f)(9.2.5) however the regulatory text was incl uded since it is referenced in the

changes proposed above for section (d)(4.3.2)(G).]

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(9.2) Malfunction Criteria:
(9.2.1) Filtering Performance: (A) The OBD II system shall detect a malfunction pr ior to a decrease in the filtering capability of the PM filter that would ca use a vehicle's PM

emissions to exceed: (i) For passenger cars, light-duty trucks, and MDPV s certified to a chassis dynamometer tailpipe emission standard: a. 5.0 times the applicable FTP standard for 2004 t hrough 2009 model year vehicles; b. 4.0 times the applicable FTP standard for 2010 t hrough 2012 model year vehicles; and c. 1.75 times the applicable FTP standard for 2013 and subsequent model year vehicles. (ii) For medium-duty vehicles (including MDPVs) cer tified to an engine dynamometer tailpipe emission standard: a. 0.09 g/bhp-hr PM as measured from an applicable cycle emission test for 2004 through 2009 model year vehicles;

b. 0.05 7 g/bhp-hr PM as measured from an applicable cycle e mission test for 2010 through 2012 model year vehicles; and c. 0.03 g/bhp-hr PM as measured from an applicable cycle emission test for 2013 and subsequent model year vehicles. (B) If no failure or deterioration of the PM filter ing performance could result in a vehicle’s PM emissions exceeding the applicable m alfunction criteria10 specified in section (f)(9.2.1)(A), the OBD II syst em shall detect a

malfunction when no detectable amount of PM filteri ng occurs. * * * *
(9.2.4) NMHC conversion: For 2010 and subsequent model yea r vehicles passenger cars, light-duty trucks, and MDPVs certif ied to a chassis dynamometer tailpipe emission standard and 2013 and subsequent model year medium-duty vehicles (including MDPVs) certifi ed to an engine dynamometer tailpipe emission standard with catalyzed PM filters that convert NMHC emissions, the OBD II system shall mon itor the catalyst

function of the PM filter and detect a malfunction when the NMHC conversion capability decreases to the point that N MHC emissions exceed the applicable emission levels specified in section (f)(9.2.2)(A). If no failure or deterioration of the NMHC conversion cap ability could result in a vehicle’s NMHC emissions exceeding these emission l evels, the OBD II system shall detect a malfunction when the system h as no detectable amount of NMHC conversion capability.
(9.2.5) Missing substrate: The OBD II system shall detect a malfunction if either the PM filter substrate is completely destroyed, re moved, or missing, or if the PM filter assembly is replaced with a muffler o r straight pipe.

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(17) EXCEPTIONS TO MONITORING REQUIREMENTS

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(17.6) A manufacturer may request Executive Officer appro val to disable monitors that can be affected by PTO activation on vehicles designed to accommodate the installation of PTO units (as defined in sectio n (c)).
(17.6.1) Except as allowed in section (g)(17.6.2) below, a manufacturer may request Executive Officer approval to disable an af fected monitor provided disablement occurs only while the PTO unit is activ e and the OBD II readiness status (specified under section (g)(4.1)) and PTO activation time are appropriately tracked and erased as described i n this section. The Executive Officer shall approve the request for dis ablement based on the

manufacturer’s demonstration that the affected moni tor cannot robustly detect malfunctions (e.g., cannot avoid false passe s or false indications of malfunctions) while the PTO unit is active. The OB D II system shall track the cumulative engine runtime with PTO active and c lear OBD II readiness status (i.e., set all monitors to indicate “not com plete”) no later than the start of the next ignition cycle if 750 minutes of cumulative engine runtime
with PTO active has occurred since the last time th e affected monitor has determined the component or system monitored by the affected monitor is or is not malfunctioning (i.e., has completed). Th e PTO timer shall pause whenever PTO changes from active to not active and resume counting
when PTO is re-activated. The timer shall be reset to zero after the affected monitor has completed and no later than th e start of the next ignition cycle. Once the PTO timer has reached 750 minutes and the11 OBD II readiness status has been cleared, the PTO t imer may not cause the OBD system to clear the readiness status again until after the PTO timer has reset to zero (after the monitor has comp leted) and again

reached 750 minutes.
(17.6.2) In lieu of requesting Executive Officer approval f or disabling an affected monitor according to section (f)(17.6.1) above, A a manufacturer may disable affected monitoring systems in vehicles des igned to accommodate

the installation o f Power Take

- Off (PTO) units (as defined in section (c)) monitors , provided disablement occurs only while the PTO un it is active, and the OBD II readiness status is cleared by the on-board computer (i.e., all monitors set to indicate “not c omplete”) while the PTO unit is activated (see section (g)(4.1) below) . If the disablement occurs, the readiness status may be restored to its state p rior to PTO activation

when the disablement ends.

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(g) STANDARDIZATION REQUIREMENTS.

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(6) Engine Run Time Tracking Requirements : (6.1) For all 2010 and subsequent model year medium-duty vehicles equipped with diesel engines, manufacturers shall implement softw are algorithms to individually track and report in a standardized for mat the engine run time while being operated in the following conditions:
(6.1.1) Total engine run time;
(6.1.2) Total idle run time (with “idle” defined as accele rator pedal released by driver, vehicle speed less than or equal to one mil e per hour, engine speed greater than or equal to 50 to 150 rpm below the normal warmedup idle speed (as determined in the drive position for vehicles equipped with an automatic transmission), and PTO not active) , and either vehicle speed less than or equal to one mile per hour or en gine speed less than or equal to 200 rpm above normal warmed-up idle ) ; (6.1.3) Total run time with PTO active.
(6.1.4) Total run time with EI-AECD #1active;
(6.1.5) Total run time with EI-AECD #2 active; and so on u p to (6.1.6) Total run time with EI-AECD #n active.
(6.1.7) For 2010 through 2012 model year vehicles, manufac turers may define “idle” in section (g)(6.1.2) above as accelerator p edal released by driver, vehicle speed less than or equal to one mile per ho ur, and PTO not active.

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§1971.1. On-Board Diagnostic System Requirements -- 2010 and Subsequent Model-Year Heavy-Duty Engines.

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(c) DEFINITIONS

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“ Start of production ” is the time when the manufacturer has produced tw o percent of the projected volume for the engine or vehicle, whichever is being evaluated in

accordance with specified in sections (k) and (l).

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(d) GENERAL REQUIREMENTS

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(2) MIL and Fault Code Requirements

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(2.3) MIL Extinguishing and Fault Code Erasure Protocol.

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(2.3.2) For vehicles using the SAE J1939 protocol for the standardized functions required in section (h):

* * * * (D) Erasing a permanent fault code. The OBD system shall erase a permanent fault code only if either of the under the following conditions

occur : * * * * (ii) Subsequent to a clearing of the If all fault information in the on-board computer has been cleared (i.e., through the use of a scan tool or battery disconnect) and the OBD system is not comma nding the MIL

on , the diagnostic for the malfunction that caused th e permanent fault code to be stored has fully executed (i.e., has exe cuted the minimum

number of checks nec essary for MIL illumination) and determined the malfunction is no longer present. : * * * *

b. If the monitor of the malfunction that caused the permanent fault code to be stored is not subject to the minimum rat io requirements of section (d)(3.2) (e.g., continuous diesel fuel s ystem monitors, comprehensive component circuit continuity monitors ), the OBD system shall erase the permanent fault code at the end of a driving cycle if:

1. The monitor has run and made one or more determina tions during a driving cycle that the malfunction of the component or the system is not present and has not made any dete rminations within the same driving cycle that the malfunction is present;

2. The monitor has not made any determinations that t he malfunction is present subsequent to the most recen t driving13 cycle in which the criteria of section (d)(2.3.2)(D )(ii)b.1. are met;

and

3. The following criteria are satisfied on any single driving cycle (which may be a different driving cycle than that i n which the criteria of section (d)( 2.3.2)(D)(ii)b.1. are satisfied):

i. Cumulative time since engine start is greater than or equal to 600 seconds;

ii. Cumulative gasoline engine operation at or above 2 5 miles per hour or diesel engine operation at or above 115 0 rpm, either of which occurs for greater than or equal to 300 seconds; and

iii. Continuous vehicle operation at idle (i.e., accele rator pedal released by driver and either vehicle speed less th an or equal to one mile per hour or engine speed less tha n or equal to 200 rpm above normal warmed-up idle (as determined in the drive position for vehicles equip ped with an automatic transmission)) for greater than or equ al to 30

seconds. ; and

iv. The monitor has not made any determinations that t he malfunction is present.

4. Monitors required to use “similar conditions” as d efined in section (c) to store and erase pending and confirmed/MIL-on fault codes may not require that the similar conditions be met prior to erasure of the permanent fault code.

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(4) In-Use Monitor Performance Ratio Definition

. * * * *
(4.3) Denominator Specifications

* * * *
(4.3.2) Specifications for incrementing:

* * * * (B) The denominator for each monitor shall be incre mented within 10 seconds if and only if the following criteria are satisfied on a single driving cycle: (i) Cumulative time since start of driving cycle is greater than or equal to 600 seconds while at an elevation of less than 8,00 0 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; (ii) Cumulative gasoline engine operation at or abo ve 25 miles per hour or diesel engine operation at or above 15% calculated load 1150 rpm

, either of which occurs for greater than or equal to 300 seconds while at an elevation of less than 8,000 feet above sea leve l and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; and (iii) Continuous vehicle operation at idle (i. e.g. , accelerator pedal released by driver and either

vehicle speed less than or equal to one mile per14 hour or engine speed less than or equal to 200 rpm above normal warmed-up idle (as determined in the drive position for vehicles equipped with an automatic transmission) ) for greater than or equal to 30 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit. (iv) For 2010 through 2012 model year diesel engines, m anufacturers may use diesel engine operation at or above 15% calcula ted load in lieu of 1150 rpm for the criterion in section (d)(4.3.2)(B) (ii) above.

* * * * (E) In addition to the requirements of section (d)( 4.3.2)(B) above, the denominator(s) for the following monitors of output components (except those operated only at engine start-up and subject to the requirements of the previous section (d)(4.3.2)(D)) shall be increm ented if and only if the component is commanded to function (e.g., commanded “on”, “open”, “closed”, “locked”) on two or more occasions for greater than two seconds during the driving cycle or for a cumulative time greater than or equal to 10 seconds, whichever occurs first : (i) Variable valve timing and/or control system (s ections (e)(10) or (f)(9)) (ii) “Other emission control systems” (section (g)( 4)) (iii) Comprehensive component output component (sec tion (g)(3)) (e.g., turbocharger waste-gates, variable length manifold runners) As an alternative, in addition to the requirements of section (d)(4.3.2)(B), manufacturers may use the criteria specified in tit le 13, CCR section 1968.2(d)(4.3.2)(F) in lieu of the criteria specifi ed in section (d)(4.3.2)(E)

above.

* * * * (G) For monitors of the following components or oth er emission controls that experience infrequent regeneration events, the manu facturer may request Executive Officer approval to use alternate or addi tional criteria to that set forth in section (d)(4.3.2)(B) above for incrementi ng the denominator. Executive Officer approval of the proposed criteria shall be based on the effectiveness of the proposed criteria in measuring the frequency of monitor operation relative to the amount of vehicle operation the denominator(s) shall be incremented by one if and o nly if, in addition to meeting during a driving cycle in which the following two c riteria are met: (1) the requirements of section (d)(4.3.2)(B) are met on the current driving cycle, and (2) at least the number of minutes of cumulative engine run

time since the denominator was last incremented is greater than or equal

to 750 800 minutes of cumulative engine run time have occurred since the

last time the denominator was incremented . The 750 800 -minute engine run time counter shall be reset to zero and begin c ounting again after the

denominator has been incremented and no later than the start of the next ignition cycle: (i) Oxidation Diesel NMHC converting catalyst (section (e)(5.2.2 )) (ii) Diesel NMHC converting catalyst other aftertre atment assistance15 functions (sections (e)(5.2.3)(B) and (D)) (iii) Particulate matter filters (sections (e)(8.2.1 ), (8.2.4), and (8.2.5) ) As an alternative, for 2010 through 2012 model year engines, the manufacturer may request Executive Officer approval to use alternate or additional criteria to that set forth in section (d )(4.3.2)(G) above for incrementing the denominator. Executive Officer ap proval of the proposed

criteria shall be based on the effectiveness of the proposed criteria in measuring the frequency of monitor operation relati ve to the amount of vehicle operation. (H) For 2013 and subsequent model year engines, I i n addition to the requirements of section (d)(4.3.2)(B) above, the de nominator(s) for the following monitors shall be incremented if and only if a regeneration event is commanded for a time greater than or equal to 10 seconds: (i) Diesel NMHC converting catalyst other aftertreatme nt assistance functions (sections (e)(5.2.3)(A) and (C)) (ii) PM filter incomplete regeneration (section (e)(8.2 .3)) (iii) PM filter active/intrusive injection (section (e)( 8.2.6))

* * * *

(e) MONITORING REQUIREMENTS FOR DIESEL/COMPRESSION-IGNI TION

ENGINES
(1) FUEL SYSTEM MONITORING

* * * * [Note: No 15-day changes are proposed for the follo wing section (e)(1.2.4) however the regulatory text was included since it is referenced in the changes proposed below for sections (h)(4.1.4) and (h)(4.5.7).]

* * * *

(1.2) Malfunction Criteria:

* * * *
(1.2.4) Feedback control: Except as provided for in sectio n (e)(1.2.5), if the engine is equipped with feedback or feed-forward control of the fuel system (e.g., feedback control of pressure or pilot injection quantity), the OBD system shall detect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback

the control system has used up all of the adjustment allowed by the manufacturer or reached its maximum authorit y and cannot achieve the target

.

* * * *

(2) MISFIRE MONITORING

* * * *16

(2.2) Malfunction Criteria:

* * * *
(2.2.4) For multiple cylinder misfire situations that resu lt in a misfire rate greater than or equal to 50 percent of all engine firings , the OBD system shall only be required to detect a misfire malfunction for sit uations that are caused by a single component failure.

* * * *

(3) EXHAUST GAS RECIRCULATION (EGR) SYSTEM MONITORING

* * * *
(3.2) Malfunction Criteria:

* * * *
(3.2.4) Feedback control: Except as provided for in sectio n (e)(3.2.6 7 ), if the engine is equipped with feedback or feed-forward control of the fuel system (e.g., feedback control of flow, valve posit ion, pressure differential

across the valve via intake throttle or exhaust bac kpressure), the OBD system shall detect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback

the control system has used up all of the adjustment allowed by the manufacturer or reached its maximum authorit y and cannot achieve the target

.

* * * * [Note: No 15-day changes are proposed for the follo wing sections (e)(4) through (e)(9) however the regulatory text was included since it i s referenced in the changes proposed below for sections (h)(4.1.4) and (h)(4.5.7).]

* * * *

(4) BOOST PRESSURE CONTROL SYSTEM MONITORING

* * * *
(4.2) Malfunction Criteria:

* * * *
(4.2.5) Feedback control: Except as provided for in sectio n (e)(4.2.6), if the engine is equipped with feedback or feed-forward control of the boost pressure system (e.g., control of VGT variable geometry turbocharger position, turbine speed, manifold pressure) the OBD system shall detect a

malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback

the control system has used up all of the adjustment allowed by the manufacturer or reached its maximum authorit y and cannot achieve the target

.17 * * * *

(5) NON-METHANE HYDROCARBON (NMHC) CONVERTING CATALYST

MONITORING

* * * *
(5.2) Malfunction Criteria:

* * * *
(5.2.2) Conversion Efficiency: (A) For 2010 through 2012 model year engines, T t he OBD system shall detect an NMHC catalyst malfunction when the cataly st conversion capability decreases to the point that NMHC emissio ns exceed 2.0 times any of the applicable standards. (B) For 2013 and subsequent model year engines, the OBD system shall detect an NMHC catalyst malfunction when the cataly st conversion capability decreases to the point that NMHC emissio ns exceed 2.0 times any of the applicable standards or NOx emissions ex ceed any of the applicable standards by more than 0.2 g/bhp-hr (e.g ., cause emissions to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr). (C) If no failure or deterioration of the catalyst NMH C conversion capability could result in an engine’s NMHC or NOx emissions exceeding 2.0 times any of the applicable standards malfunction criteria of section (e)(5.2.2)

, the OBD system shall detect a malfunction when the catalyst has no
detectable amount of NMHC or NOx conversion capability.
(5.2.3) Other Aftertreatment Assistance Functions: (A) For catalysts used to generate an exotherm to a ssist PM filter regeneration, the OBD system shall detect a malfunc tion when the catalyst is unable to generate a sufficient exother m to achieve regeneration of the PM filter. (B) For 2013 and subsequent model year engines, F f or catalysts used to generate a feedgas constituency to assist SCR syste ms (e.g., to increase

NO 2 concentration upstream of an SCR system), the OBD system shall detect a malfunction when the catalyst is unable to generate the necessary feedgas constituents for proper SCR syste m operation. (C) For catalysts located downstream of a PM filte r and used to convert NMHC emissions during PM filter regeneration, the O BD system shall detect a malfunction when the catalyst has no detec table amount of NMHC conversion capability. (D) For catalysts located downstream of an SCR system (e.g., to prevent ammonia slip), the OBD system shall detect a malfun ction when the catalyst has no detectable amount of NMHC, CO, NOx, or PM conversion capability. Monitoring of the catalyst is not requ ired if there is no measurable emission impact on the criteria pollutan ts (i.e., NMHC, CO, NOx, and PM) during any reasonable driving conditio n where the catalyst is most likely to affect criteria pollutants (e.g., during conditions most likely to result in ammonia generation or excessive reduct ant delivery).18 * * * *

(6) OXIDES OF NITROGEN (NOx) CONVERTING CATALYST MONITO RING

* * * *
(6.2) Malfunction Criteria: For purposes of section (e)( 6), each catalyst in a series configuration that converts NOx shall be monitored either indivi dually or in

combination with others.

* * * *
(6.2.2) Selective Catalytic Reduction (SCR) or Other Activ e/Intrusive Reductant Injection System Performance:

* * * * (D) Feedback control: Except as provided for in sec tion (e)(6.2.2)(E), if the engine is equipped with feedback or feed-forward control of the reductant injection, the OBD system shall detect a malfunctio n: (i) If the system fails to begin feedback control within a manufacturer specified time interval; (ii) If a failure or deterioration causes open loop or default operation; or (iii) If the feedback

control system has used up all of the adjustment allowed by the manufacturer or reached its maximum authority and cannot achieve the target

.

* * * *

(7) NOx ADSORBER MONITORING

* * * *
(7.2) Malfunction Criteria:

* * * *
(7.2.3) Feedback control: Except as provided for in sectio n (e)(7.2.4), if the engine is equipped with feedback or feed-forward control of the NOx adsorber or active/intrusive injection system (e.g. , feedback control of injection quantity, time), the OBD system shall det ect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback

the control system has used up all of the adjustment allowed by the manufacturer or reached its maximum authorit y and cannot achieve the target

.

* * * *

(8) PARTICULATE MATTER (PM) FILTER MONITORING

* * * *
(8.2) Malfunction Criteria:

* * * *19

(8.2.7) Feedback Control: Except as provided for in sectio n (e)(8.2.8), if the engine is equipped with feedback or feed-forward control of the PM filter regeneration (e.g., feedback control of oxidation c atalyst inlet temperature, PM filter inlet or outlet temperature, in-cylinder or in-exhaust fuel injection), the OBD system shall detect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback

the control system has used up all of the adjustment allowed by the manufacturer or reached its maximum authorit y and cannot achieve the target

.

* * * *

(9) EXHAUST GAS SENSOR MONITORING

* * * *
(9.2) Malfunction Criteria:
(9.2.1) Air-Fuel Ratio Sensors: (A) For sensors located upstream of the exhaust aftertreatment:

* * * * (iii) Feedback faults: The OBD system shall detect a malfunction of the

sensor when a sensor failure or deterioration cause s an emission control system (e.g., EGR, SCR, or NOx adsorber) to stop using that

sensor as a feedback or feed-forward input (e.g., causes default or open-loop operation).

* * * * (B) For sensors located downstream of the exhaust aftertreatment:

* * * * (iii) Feedback faults: The OBD system shall detect a malfunction of the

sensor when a sensor failure or deterioration cause s an emission control system (e.g., EGR, SCR, or NOx adsorber) to stop using that

sensor as a feedback or feed-forward input (e.g., causes default or open-loop operation).

* * * *
(9.2.2) NOx and PM sensors: * * * * (C) Feedback faults: The OBD system shall detect a malfunction of the

sensor when a sensor failure or deterioration cause s an emission control system (e.g., EGR, SCR, or NOx adsorber) to stop us ing that sensor as a

feedback or feed-forward input (e.g., causes default or open-loop operation).

* * * *20

(f) MONITORING REQUIREMENTS FOR GASOLINE/SPARK-IGNITED ENGINES
(1) FUEL SYSTEM MONITORING

* * * *
(1.2) Malfunction Criteria:
(1.2.1) The OBD system shall detect a malfunction of the f uel delivery system (including feedba ck control based on a secondary oxygen sensor) when: (A) t T he fuel delivery system is unable to maintain an en gine's emissions at or below 1.5 times the applicable standards; or

. (B) If equipped, the feedback control based on a secon dary oxygen or exhaust gas sensor is unable to maintain a vehicle’ s emissions (except as a result of a malfunction specified in section (f)( 1.2.1)(C)) at or below 1.5 times any of the applicable standards; or (C) Except as required in section (f)(1.2.6), f F or 2014 and subsequent model year vehicles, an air-fuel ratio cylinder imbalance (e.g., the air-fuel ratio in one or more cylinders is different than the other c ylinders due to a cylinder specific malfunction such as an intake manifold lea k at a particular cylinder, fuel injector problem, an individual cyli nder EGR runner flow delivery problem, an individual variable cam lift m alfunction such that an individual cylinder is operating on the wrong cam l ift profile, or other similar problems) occurs in one or more cylinders s uch that the fuel delivery system is unable to maintain a vehicle’s e missions at or below: 3.0 times the applicable standards for the 2014 thr ough 2016 model years; and 1.5 times the applicable FTP standards for all 2017 and subsequent model year vehicles.
(1.2.2) Except as provided for in section (f)(1.2.3) below , if the engine is equipped with adaptive feedback control, the OBD system shal l detect a malfunction when the adaptive feedback control has used up all of the adjustment allowed by the manufacturer.

* * * *
(1.2.4) The OBD system shall detect a malfunction whenever the fuel control system fails to enter closed-loop operation within an Executive Officerapproved time interval after engine start. Executi ve Officer approval of the time interval shall be granted upon determining tha t the data and/or engineering evaluation submitted by the manufacture r supports the specified times.
(1.2.5) For engines that employ engine shutoff strategies that do not require the vehicle operator to restart the engine to continue driving (e.g., hybrid bus with engine shutoff at idle), the OBD system shall detect whenever the fuel control system fails to enter closed-loop operation within an Executive Officer-approved time interval after an engine rest art. Executive Officer approval of the time interval shall be granted upon determining that the data and/or engineering evaluation submitted by the manufacturer supports the specified times.
(1.2.5) Manufacturers may adjust the malfunction criteria a nd/or monitoring conditions to compensate for changes in altitude, f or te mporary21 introduction of large amounts of purge vapor, or fo r other similar identifiable operating conditions when they occur.
(1.2.6) Notwithstanding the phase

- in specified in section (f)(1.2.1)(C), if a vehicle is equipped with separate EGR flow delivery passage w ays (internal or external) that deliver EGR flow to individual cylin ders (e.g., an EGR system with individual delivery pipes to each cylin der), the OBD system shall monitor the fuel delivery system for malfunct ions specified in section (f)(1.2.1)(C) on all 2014 and subsequent model year vehicles so equippe d.
(1.3) Monitoring Conditions:
(1.3.1) Except as provided in section (f)(1.3.5), T t he OBD system shall monitor fuel system shall be monitored continuously for the presence of a malfunctions identified in sections (f)(1.2.1)(A)

, and (f)(1.2.1) (B), and (f)(1.2.2) (e.g. i.e. , fuel delivery system, secondary feedback control

, adaptive feedback control )

.

* * * *

(8) EXHAUST GAS SENSOR MONITORING

* * * * [Note: No 15-day changes are proposed for the follo wing sections (f)(8.2.1) and (f)(8.2.2) however the regulatory text was included since it is referenced in the changes proposed below for sections (h)(4.1.4) and (h)(4.5. 7).]

* * * *
(8.2) Malfunction Criteria:
(8.2.1) Primary Sensors:

* * * * (C) The OBD system shall detect a malfunction of th e exhaust gas oxygen sensor when a sensor failure or deterioration cause s the fuel system to stop using that sensor as a feedback input (e.g., c auses default or openloop operation) or causes the fuel system to fail t o enter closed-loop operation within a manufacturer-specified time inte rval

. * * * *
(8.2.2) Secondary Sensors:

* * * * (E) The OBD system shall detect a malfunction of th e exhaust gas oxygen sensor when a sensor failure or deterioration cause s the fuel system (e.g., fuel control) to stop using that sensor as a feedba ck input (e.g., causes default or open-loop operation).

* * * *

(g) MONITORING REQUIREMENTS FOR ALL ENGINES

* * * *
(3) COMPREHENSIVE COMPONENT MONITORING
(3.1) Requirement:22

(3.1.1) Except as provided in sections (g)(3.1.4), (g)(3.1 .5), (g)(3.1.6), and (g)(4), the OBD system shall monitor for malfunction any el ectronic engine component/system not otherwise described in section s (e)(1) through (g)(2) that either provides input to (directly or i ndirectly) or receives commands from the on-board computer(s), and: (1) ca n affect emissions during any reasonable in-use driving condition, or (2) is used as part of the diagnostic strategy for any other monitored system or component.

* * * *
(3.1.3) Manufacturers shall monitor for malfunction electr onic powertrain input or output components/systems associated with an electr onic transfer case, electronic power steering system, or other componen ts that are driven by the engine and not related to the control of fuelin g, air handling, or emissions only if the transfer case component or system is used as part of the diagnostic strategy for any other monitored sys tem or component For purposes of section (g)(3), ”electronic engine comp onents/systems” does not include components that are driven by the engin e and are not related

to the con trol of the fueling, air handling, or emissions of the engine (e.g., PTO components, air conditioning system components, and power steering components)

. * * * *
(3.1.6) For OBD systems that receive vehicle speed informa tion from a transmission control unit and use vehicle speed as part of the diagnostic strategy for any other OBD monitored system or comp onent: (A) The OBD system shall monitor the vehicle speed inf ormation to the extent feasible in accordance with the requirements of sec tion (g)(3); (B) The OBD system shall detect a fault and illuminate the MIL when the OBD system is unable to properly receive the vehicle sp eed information; and (C) If the transmission control unit monitors the vehi cle speed information and indicates an error of the information to the OBD sy stem (e.g., valid vehicle speed data is no longer available), the OBD system shall handle the error indication as a default mode of operation subject t o the MIL illumination requirements under section (d)(2.2).

* * * *

(5) EXCEPTIONS TO MONITORING REQUIREMENTS

* * * *
(5.6) A manufacturer may request Executive Officer appro val to disable monitors that can be affected by PTO activation on engines o r vehicles designed to accommodate the installation of PTO units (as defin ed in section (c)).
(5.6.1) Except as allowed in section (g)(5.6.2) below, a m anufacturer may request Executive Officer approval to disable an affected m onitor provided disablement occurs only while the PTO unit is activ e and the OBD readiness status (specified under section (h)(4.1)) and PTO activation time are appropriately tracked and erased as described i n this section. The Executive Officer shall approve the request for dis ablement based on the23 manufacturer’s demonstration that the affected moni tor cannot robustly detect malfunctions (e.g., cannot avoid false passe s or false indications of malfunctions) while the PTO unit is active. The OB D system shall track the cumulative engine runtime with PTO active and c lear OBD readiness status (i.e., set all monitors to indicate “not com plete”) no later than the start of the next ignition cycle if 750 minutes of cumulative engine runtime
with PTO active has occurred since the last time th e affected monitor has determined the component or system monitored by the affected monitor is or is not malfunctioning (i.e., has completed). Th e PTO timer shall pause whenever PTO changes from active to not active and resume counting
when PTO is re-activated. The timer shall be reset to zero after the affected monitor has completed and no later than th e start of the next ignition cycle. Once the PTO timer has reached 750 minutes and the OBD readiness status has been cleared, the PTO time r may not cause the OBD system to clear the readiness status again unti l after the PTO timer has reset to zero (after the monitor has completed) and again reached 750

minutes.
(5.6.2) For 2010 through 2012 model year engines, in lieu of requesting Executive Officer approval for disabling an affected monitor according to section (g)(5.6.1) above, A a manufacturer may disable affected monitoring

monitors sys tems in vehicles designed to accommodate the instal lation of PTO units (as defined in section (c)) , provided disablement occurs only while the PTO unit is active, and the OBD readiness status is cleared by the on-board computer (i.e., all monitors set to in dicate “not complete”) while the PTO unit is activated (see section (h)(4. 1) below) . If the disablement occurs, the readiness status may be res tored to its state prior
to PTO activation when the disablement ends.

* * * *

(h) STANDARDIZATION REQUIREMENTS

* * * *
(4) Required Emission Related Functions:

* * * *
(4.1) Readiness Status: In accordance with SAE J1979/J19 39-73 specifications, the OBD system shall indicate “complete” or “not co mplete” since the fault memory was last cleared for each of the installed monitored components and systems identified in sections (e)(1) through (f)(9 ), and (g)(3) except (e)(11)

and (f)(4). The readiness status for A a ll components or systems identified in (f)(1), (f)(2), or

and (g)(3) that are monitored continuously shall always indicate “complete”. The readiness status for all other C c omponents or systems that are not subject to continuous monitori ng shall immediately indicate “complete” upon the respective diagnostic monitor (s) (except those monitors specified under section (h)(4.1.4) below) being fully executed and determining that the component or system is not mal functioning. The

readiness status for

A a component or system shall also indicate “complete” if24 after the requisite number of decisions necessary f or determining MIL status has been fully executed, the monitor indicates a ma lfunction for the component or system. The readiness status for each of the monitored components or systems shall indicate “not complete” whenever fault memory has been cleared or erased by a means other than th at allowed in section (d)(2). Normal vehicle shut down (i.e., key off, e ngine off) may not cause the

readiness status to indicate “not complete”.

* * * *
(4.1.4) Manufacturers are not required to use the followin g monitors in determining the readiness status for the specific c omponent or system: (A) Circuit and out-of-range monitors that are require d to be continuous; (B) Gasoline and diesel exhaust gas sensor feedback mo nitors specified in sections (e)(9.2.1)(A)(iii), (e)(9.2.1)(B)(iii), (e )(9.2.2)(C), (f)(8.2.1)(C), and (f)(8.2.2)(E); (C) Diesel feedback control monitors specified in sect ions (e)(1.2.4), (e)(3.2.4), (e)(4.2.5), (e)(6.2.2)(D), (e)(7.2.3), and (e)(8.2.7); (D) Gasoline fuel system monitors specified in section s (f)(1.2.1)(A), (f)(1.2.1)(B), (f)(1.2.2), (f)(1.2.4), and (f)(1.2. 5).

* * * *
(4.5) Test Results:

* * * *
(4.5.7) The requirements of section (h)(4.5) do not apply to continuous gasoline fuel system monitoring s specified under sections (f)(1.2.1)(A), (f)(1.2.1) (B), (f)(1.2.2) , (f)(1.2.4), and (f)(1.2.5) , gasoline exhaust gas sensor monitoring s specified under sections (e)(9.2.1)(A)(iii), (e)(9.2.1)(B)(iii), (e)(9.2.2)(C), (f)(8.2.1)(C)

, and (f)(8.2.2)(E), cold start emission reduction strategy monitoring s , and continuous circuit monitoring , continuous and out-of-range monitoring s that are required to be continuous , and diesel feedback control monitoring s specified under sections (e)(1.2.4), (e)(3.2.4), (e)(4.2.5), (e)(6.2.2)(D), (e)(7.2.3), and (e)(8.2.7)

. * * * *
(4.7) Software Calibration Verification Number:

* * * *
(4.7.4) (4.7.5) For purposes of Inspection and Maintenance (I/M) t esting,
manufacturers shall make the CVN and CAL ID combina tion information

available for all vehicles in a standardized electr onic format that allows for off-board verification that the CVN is valid and ap propriate for a specific

vehicle and CAL ID. The standardized electronic fo rmat is detailed in

Attachment XX F of ARB Mail-Out #MSC XX

- XX 09-22 , Month Date, Year

, July 7, 2009, incorporated by reference. Manufacturers shall su bmit the
CVN and CAL ID information to the Executive Officer not more than 25 days after the close of a calendar quarter.

* * * *
(4.8) Vehicle and Engine Identification Numbers : * * * *25

(4.8.2) (4.8.3) If the VIN or ESN is reprogrammable, all emission-related diagnostic information identified in section (h)(4. 9.1 4.10.1 ) shall be erased in conjunction with reprogramming of the VIN or the ESN

.

* * * *
(5) Tracking Requirements:

* * * *
(5.2) Engine Run Time Tracking Requirements:
(5.2.1) For all gasoline and diesel engines, manufacturers shall implement software algorithms to individually track and repor t in a standardized format the engine run time while being operated in the following

conditions: (A) Total engine run time; (B) Total idle run time (with “idle” defined as acc elerator pedal released by driver, vehicle speed less than or equal to one mil e per hour, engine speed greater than or equal to 50 to 150 rpm below the normal, warmedup idle speed (as determined in the drive position for vehicles equipped with an automatic transmission), and PTO not active) , and either vehicle speed less than or equal to one mile per hour or en gine speed less than or equal to 200 rpm above normal warmed-up idle ) , and ; (C) Total run time with PTO active. ; (D) For 2013 and subsequent model year diesel engines only: (i) total run time with EI-AECD #1active; (ii) total run time with EI-AECD #2 active; and so on u p to (iii) total run time with EI-AECD #n active.

* * * *

(j) CERTIFICATION DOCUMENTATION

* * * *
(2.2) A table, in the standardized format detailed in At tachment A XX C of ARB

Mail-Out #95

- 20 XX

- XX MSC 09-22

, May 22, 1995 Month Date, Year

, July 7, 2009, incorporated by reference.

* * * *
(2.17) A checklist of all the malfunction criteria in sec tions (e)

, or (f) , and (g) and the corresponding diagnostic noted by fault code for ea ch malfunction criterion.

The formats of the checklists are detailed in Attac hments XX G and XX H of

ARB Mail-Out #MSC XX

- XX 09-22 , Month Date, Year

, July 7, 2009, incorporated by reference.

* * * *

(k) DEFICIENCIES

* * * *
(6) Request for retroactive deficiencies
(6.1) During either

the first 6 months after commencement of normal the start of26 engine production or the first 3 months after commencemen t of the start of vehicle production, whichever is later , manufacturers may request that the Executive Officer grant a deficiency and amend an e ngine’s certification to conform to the granting of the deficiencies for eac h aspect of the monitoring system: (a) identified by the manufacturer (during testing required by section (l)(2) or any other testing) to be functioning diff erent than the certified system or otherwise not meeting the requirements of any as pect of section 1971.1; and (b) reported to the Executive Officer. If the Executive Officer grants the deficiency( ies) and amends ed the certification, their approval would be

retroactive to the s tart of production all affected engines within the engine family

. * * * *

(l) PRODUCTION ENGINE/VEHICLE EVALUATION TESTING
(1) Verification of Standardized Requirements.
(1.1) Requirement: Manufacturers shall perform testing t o verify that 2013 and subsequent model year production vehicles meet the requirements of section (h)(3) and (h)(4) relevant to proper communication of required emissionrelated messages to an SAE J1978/J1939 scan tool.
(1.2) Selection of Test Vehicles:
(1.2.1) Engine manufacturers shall perform this testing ev ery model year on ten unique production vehicles (i.e., engine rating and chassis application combination) per engine family. If there are less than ten unique production vehicles for a certain engine family, th e manufacturer shall test each unique production vehicle in that engine famil y. Manufacturers shall perform this testing within no later than either three months of after the start of engine production or one month of after the start of vehicle production, whichever is later. Manufacturers may request Executive Officer approval to group multiple production vehic les together and test one representative vehicle per group. The Executiv e Officer shall approve the request upon finding that the software and hard ware designed to comply with the standardization requirements of sec tion (h) (e.g., communication protocol message timing, number of su pported data stream parameters, engine and vehicle communication network architecture) in the representative vehicle are ide ntical to all others in the group and that any differences in the production ve hicles are not relevant with respect to meeting the criteria in section (l) (1.4).

* * * *
(2) Verification of Monitoring Requirements.
(2.1) Within No later than either the first six months of after the start of engine production or the first three months of after the start of vehicle production, whichever is later, manufacturers shall conduct a c omplete evaluation of the OBD system of one or more production vehicles (test vehicles) and submit

the results of the evaluation to the Executive Offi cer. * * * *27

§1971.5. Enforcement of Malfunction and Diagnostic System Requirements for 2010 and Subsequent Model-Year Heavy-Duty Engines.

* * * * (d) Remedial Action.

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(2) Influenced OBD-Related Recalls

. (A) Upon being notified by the Executive Officer, p ursuant to section (b)(7)(G), that an engine class is equipped with a nonconformi ng OBD system, the manufacturer may, within 45 days from the date of s ervice of such notification, elect to conduct an influenced OBD-re lated recall of all engines within the engine class for the purpose of correcti ng the nonconforming OBD systems. Upon such an election, the manufacturer s hall, within 45 days from the date of such election, submit an influenced OBD-related recall plan for approval, as prescribed under section (e)(1) below.

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(3) Ordered Remedial Action-Mandatory Recall

. (A) Except as provided in sections (d)(3)(B) below, the Executive Officer shall order the recall and repair of all engines in an en gine class that have been determined to be equipped with a nonconforming OBD system if enforcement testing conducted pursuant to sections (b) or (c) a bove or information

received from the manufacturer indicates that: (i) For major monitors required to meet the in-use performance ratio pursuant to Cal. Code Regs., title 13, section 1971.1(d)(3.2 ) on 2016 and subsequent model year engines, the average in-use m onitor performance ratio for one or more of the major monitors in the test sample group is less than or equal to 33.0 percent of the applicable req uired minimum ratio established in Cal. Code Regs., title 13, section 1 968.2 1971.1 (d)(3.2.2) (e.g., if the required ratio is 0.100, less than or equal to a ratio of 0.033) or 66.0 percent or more of the vehicles in the test sa mple group have an inuse monitor performance ratio of less than or equal to 33.0 percent of the applicable required minimum ratio established in Ca l. Code Regs., title 13,

section 1968.2 1971.1 (d)(3.2.2) for the same major monitor.

* * * * (e) Requirements for Implementing Remedial Actions.

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(6) Record Keeping and Reporting Requirements

. * * * * (E) The information gathered by the manufacturer to compile the reports required by these procedures must be retained for no less th an one year beyond when engines within the engine class, on average, exceed the defined full useful life of the engines and must be made available to author ized personnel of ARB upon request.

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