1 Appendix D

PROPOSED REGU LATION ORDER

Amend section 1968.5, title 13, California Co de of Regulations, to read as follows:

Note: The amendments that were approved by the Board at t he January 23, 2012 board hearing are shown in single underline to indi cate additions and single strikeout to indicate deletions from the existing r egulatory text, while the amendments proposed during this rulemaking are shown in doubl e underline to indicate additions and double
strikeout to indicate deletions from the existing regulatory te xt. Various portions of the regulations that are not modi fied by the proposed amendments are omitted fr om the text shown and indicated by “ * * * * ”.

§ 1968.5. Enforcement of Malfunction a nd Diagnostic System Requirements for 2004 and Subsequent Model-Year Passe nger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines.
* * * * (b) Testing Procedures
* * * * (3) Vehicle Selection for Enforcement Testing

. * * * * (D) Vehicles to be included in a Test Sample Group

. * * * * (ii) In selecting vehicles to be included in a test sample group for enforcement OBD II ratio testing, the Executive Offi cer shall include only vehicles that: a. Are certified to the requirem ents of title 13, CCR section 1968.2.
b. Have collected sufficient vehicle operation data for th e monitor to be tested. For monitors required to meet the in-use monitor performance ratio and to track and report ratio dat a pursuant to title 13, CCR section 1968.2(d)(3.2), sufficient vehicl e operation data shall mean the
denominator meets the criteria set fo rth in sections (b)(3)(D)(ii)1. through 3. below. For monitors requi red to meet the in-use monitor performance ratio but not required to track and report ratio data pursuant to title 13, CCR section 1968.2(d)(3.2), sufficient vehicle operation data shall mean that vehicl es that have a denominator that
meets the criteria set fo rth in sections (b)(3)(D )(ii)1. through 3. below after undergoing testing as set forth in section (b)(4)(C)(ii) below. Specifically, the denominator, as defined in title 13, CCR section 1968.2(d)(4.3), for the monitor to be tested must have a value equal to or greater than: 1. 150 for evaporative system monitors, secondary air system monitors, and monitors utilizing a denominator incremented in accordance with title 13, CCR sections 1968.2(d)(4.3.2)(E) or (F)2 (e.g., cold start moni tors, air conditioning system monitors, etc.) and not covered in section (b)(3)(D)(ii)2. below, or 2. 50 for PM filter monitors, and NMHC converting oxidation catalyst monitors, PM sensor monitors, and PM sensor heater monitors utilizing a denominator increment ed in accordance with title 13, CCR section 1968.2(d)(4.3.2)(F), (G), (H), or (I), or 3. 300 for catalyst, oxygen sensor, EGR, VVT, and all other component
monitors not covered in sections (b)(3)(D)(ii)1. and 2. above.

* * * * (6) Finding of Nonconformance after Enforcement Testing

. After conducting enforcement testing pursuant to section (b)(4) above, the Executive Officer shall make a finding of nonconformance of the OBD II system
in the identified moto r vehicle class if: (A) OBD II Emission Testing

. * * * * (ii) Intermediate In-Use Diesel Thresholds

. a. For 2007 through 2012 model year vehicles subject to diesel/compression-ignition monito ring requirements in title 13, CCR section 1968.2(f) , the re sults of the OBD II emissi on tests indicate that 50 percent or more of the vehicles in the test sample do not properly
illuminate the MIL when emissions exceed:
* * * * d. For 2013 through 2015 model year m edium-duty vehicles, with respect to the NOx malfunction criteria for the NO x converting catalyst conversion efficiency monitor (title 13, CCR section 1968.2(f)(2.2.2)), reductant delivery performance m onitor (title 13, CCR section 1968.2(f)(2.2.3)(A)), and NOx sensor monitor (title 13, CCR section 1968.2(f)(5.2.2)(A)), the Executive Officer shall make a finding of nonconformance of the OBD II system if the results of the OBD II emission tests indicate that 50 percentor more of the vehicles in the test sample do not properly illumi nate the MIL when emissions exceed an additional 0.2 g/bhp-hr above the NO x malfunction criteria defined in title 13, CCR section 1968.2(f)(2.2.2)(A)(ii)c. or 1968.2(f)(5.2.2)(A)(ii)c. e. For 2013 through 2015 model year m edium-duty vehicles, for the PM filter filtering performance m onitor (title 13, CCR section 1968.2(f)(9.2.1)), the Executive Officer shall make a finding of nonconformance of the OBD II system if the results of the OBD II emission tests indicate that 50 percentor more of the vehicles in the test sample do not properly illumi nate the MIL when emissions exceed 0.05 g/bhp-hr. (iii) Final In-Use Thresholds . For 2009 and subsequent model year vehicles subject to the gasoline/spark-ignited requirements of title 13, CCR section 1968.2(e) and, except as provided in se ctions (b)(6)(A)(ii)d. and e. above, for 2013 and subsequent model year vehicles subject to the3 diesel/compression-ignition require ments of title 13, CCR section 1968.2(f), the results of t he OBD II emission tests indicate that 50 percent
or more of the vehicles in the testsample do not properly illuminate the
MIL when the emission malfunction criteria defined in title 13, CCR sections 1968.2(e) or (f) are exceeded. (B) OBD II Ratio Testing

. (i) For monitors specified in sections (b)(6)(B)(i)a. through e. below, the data
collected from the vehicles in the testsample indicate either that the average in-use monitor performance rati o for one or more of the monitors in the test sample group is less than 0.100 or that 66.0 pe rcent or more of the vehicles in the test sample gr oup have an in-use monitor performance
ratio of less than 0.100 for the same monitor: a. monitors on 2004 through 20142 016 2018 model year vehicles
certified to a ratio of 0.100 in a ccordance with title 13, CCR section 1968.2(d)(3.2.1)-(D),
* * * * (c) Remedial Action
* * * * (3) Ordered Remedial Action-Mandatory Recall

. (A) Except as provided in sections (c)(3)(B) below, the Executive Officer shall order the recall and repair of all vehicl es in a motor vehicle class that have been determined to be equipped with a nonconforming OBD II system if enforcement testing conducted pursuant to section (b) above or information
received from the manufacturer indicates that: (i) For monitors on 2007 and subsequent model year vehicles certified to the ratios in title 13, CCR sections 19 68.2(d)(3.2.1)(A) th rough (C), the average in-use monitor performance ra tio 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 required minimum ratio established in title 13, CCR section 1968.2(d)(3.2.1) (e.g., if the required ratio is 0.336, less than or equal to a ratio of 0.111) or 66.0 per cent or more of the vehi cles in the test sample group have an in-use monitor performance ratio of less than or equal to 33.0 percent of the applicable required minimum ratio established in title 13, CCR section 1968.2(d)(3.2.1) for the same major monitor. For monitors on 2004 through 20142016 2018 model year vehicles certified to the 0.100 ratio in title 13, CCR secti on 1968.2(d)(3.2.1)(D), the Executive Officer shall determine the remedial action for nonconformances regarding the in-use monitor performance ratio in accordance with section (c)(4)
below. (ii) When the vehicle is tested on-r oad and driven so as to reasonably encounter all monitoring conditions di sclosed in the manufacturer’s certification application, the OBD II system is unable to detect and
illuminate the MIL for a malfunction of a component/system monitored by a major monitor (other than the moni tors for misfire causing catalyst damage and the evaporative system) pr ior to emissions exceeding two
times the malfunction crit eria of title 13, CCR sections 1968.2(e) and (f)4 (e.g., if the malfunction criteria is 1.75 times t he applicable FTP standard, recall would be required when emissions exceed 3.5 times the applicable
FTP standard or if the ma lfunction criteria is the PM standard plus 0.02 g/bhp-hr and the PM standard is 0.01 g/bhp-hr, recall wo uld be required
when emissions exceed 0.06 g/bhp-hr). Additionally, for the first two years that a new major monitor is requir ed in title 13, CCR section 1968.2(e) (e.g., 2006 and 2007 model year for cold st art strategy monitoring in title 13, CCR section 1968.2(e )(11)), the Executive Officer shall use three
times the malfunction criteria in lieu of two times the malfunction criteria (e.g., if the malfunction criterion is 1.5 times th e applicable FTP standard, recall would be required when emissions exceed 4.5 times the applicable FTP standard). Additionally, fo r major monitors on 2007 through 2009 model year vehicles certified to t he monitoring requirements in title 13, CCR section 1968.2(f) and for the PM filter filter ing performance monitor (title 13, CCR section 1968.2(f)(9.2.1 )) on 2013 model year medium-duty vehicles, the Executive Officer sha ll determine the remedial action for nonconformances regarding emissi on exceedance in accordance with section (c)(4) below in lieu of the crit eria in section (c)(3)(ii). For purposes
of the emission exceedance dete rmination, carbon monoxide (CO)
emissions are not considered. (iii) For misfire monitors: a. Gasoline misfire monitor: The mo nitor for misfire causing catalyst damage is unable to properly detect and illuminate the MIL for misfire rates that are more than 20 percent age points greater than the misfire rates disclosed by the manufacturer in its certification application as causing catalyst damage (e.g., if t he disclosed misfire rate is 12 percent, recall would be required if t he misfire rate is greater than 32 percent without proper detection).
b. Diesel misfire monitor: For 2019 and subsequent model year mediumduty diesel vehicles, the misfire monitor is unable to properly detect
and illuminate the MIL for misfir e rates that are more than 10 percentage points greater than the misfire malfunction criteria specified in title 13, CCR section 1968.2(f)(3.2.2 ) (e.g., misfire ra te more than 15 percent if the misfire malfuncti on criteria is 5 percent). (iv) When the vehicle is tested on-r oad and driven so as to reasonably encounter all monitoring conditions di sclosed in the manufacturer’s certification application, the evaporativ e system monitor is unable to detect
and illuminate the MIL for a cumulative leak or leaks in the evaporative system equivalent to that caused by an orifice with a diamet er of at least 1.5 times the diameter of the requ ired orifice in title 13, CCR section 1968.2(e)(4.2.2)(C). (v) When the vehicle is tested on-r oad and driven so as to reasonably encounter all monitoring conditions di sclosed in the manufacturer’s certification application, the OBD II system cannot detect and illuminate
the MIL for a malfunction of a component that effect ively disables a major monitor and the major monitor, by bei ng disabled, meets the criteria for5 recall identified in sections (c)(3)(A)( ii) or (iv) above (e.g. is unable to
detect and illuminate the MI L for malfunctions that cause FTP emissions
to exceed two times the malfunction criteria). (vi) For 2013 and subsequent model year medium-duty diesel vehicles, when
the vehicle is tested on-road and driven so as to reasonably encounter all monitoring conditions disclosed in the manufacturer’s certification application, the PM filter monitor is unable to detect and illuminate the MIL for any of the following: a. a missing substrate fault in accordance with title 13, CCR section 1968.2(f)(9.2.5); or
b. a malfunction of the PM filter that causes PM emissions to be equal to or greater than the emission leve l of the engine or vehicle, as measured from an applicable emission test cycle (i.e., FTP or SET),
with the PM filter substrat e completely removed. (vi) (vii) The motor vehicle class cannot be tested so as to obtain valid test
results in accordance with the criteria identified in sectio n (b)(6)(C)(ii) due to the nonconforming OBD II system.

* * * *

NOTE: Authority cited: Sections 39010, 39600, 39601, 43000.5, 43013, 43016, 43018, 43100, 43101, 43104, 43105, 43105.5, 43106, 43154, 43211, and 43 212, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037. 05, 39037.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600,-39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204, 43211, and 43212, Health and Safety Code.