State of California 

AIR RESOURCES BOARD 

STAFF REPORT: INITIAL STATEMENT OF REASONS FOR 

RULEMAKING

NOTICE OF PUBLIC HEARING TO CONSIDER PROPOSED 

AMENDMENTS TO NEW PASSENGER MOTOR VEHICLE 

GREENHOUSE GAS EMISSION STANDARDS FOR MODEL YEARS 

2012-2016 TO PERMIT COMPLIANCE BASED ON FEDERAL 

GREENHOUSE GAS EMISSION STANDARDS

Date of Release: January 7, 2010 

Scheduled for Consideration: February 25, 2010 

This report has been reviewed by the staff of the California Air Resources Board and 

approved for publication. Approval does not signify that the contents necessarily 

reflect the views and policies of the Air Resources Board, nor does mention of trade 

names or commercial products constitute endorsement or recommendation for use. 
2

State of California 

AIR RESOURCES BOARD 

Staff Report: Initial Statement of Reasons 

for Proposed Rulemaking

PUBLIC HEARING TO CONSIDER PROPOSED AMENDMENTS TO 

NEW PASSENGER MOTOR VEHICLE GREENHOUSE GAS 

EMISSION STANDARDS FOR MODEL YEARS 2012-2016 TO PERMIT 

COMPLIANCE BASED ON FEDERAL GREENHOUSE GAS EMISSION

STANDARDS 

Date of Release: January 7, 2010 

Scheduled for Consideration: February 25, 2010 

TABLE OF CONTENTS 

I. INTRODUCTION AND BACKGROUND................................................................... 2 

II. DESCRIPTION OF PUBLIC PROBLEM, ADMINISTRATIVE 

CIRCUMSTANCE PROPOSAL IS INTENDED TO ADDRESS; PROPOSED 

SOLUTIONS AND RATIONALE FOR EACH REGULATORY PROVISION..... 3 

III. SUMMARY OF RECOMMENDED ACTION............................................................ 4 

IV. AIR QUALITY, ENVIRONMENTAL, AND ECONOMIC IMPACTS ................... 7 

A. Air Quality .......................................................................................................... 7 

B. Economic Impact ............................................................................................. 9 

C. Alternatives...................................................................................................... 10 

V. ENVIRONMENTAL JUSTICE .................................................................................. 11 

VI. LIST OF APPENDICES .............................................................................................. 11 

VII. REFERENCES.............................................................................................................. 12 

I. INTRODUCTION AND BACKGROUND 

Climate change is critically important to California. If left unchecked, its far-reaching 

consequences will dramatically affect many aspects of our lives including public 

health, the economy, and the environment. In 2002, in response to the threat of 

global warming, California adopted AB 1493 (Pavley (Chap. 200, Stats.2002)), which 

directed the Air Resources Board (ARB) to develop regulations to reduce 

greenhouse gas emissions from the new passenger vehicle fleet (passenger 

vehicles are responsible for approximately 30 percent of the total greenhouse gas 

emissions in California). 
3

In September 2004, the ARB adopted regulations (known as the “Pavley 

regulations”) requiring significant reductions in greenhouse gas emissions from 

passenger cars and light-duty trucks (i.e., vehicles less than 8,500 lbs. gross vehicle 

weight) and sport utility vehicles (i.e., medium-duty passenger vehicles). These 

requirements went into effect with the 2009 model year, and become increasingly 

stringent through 2016, at which time emissions from the new vehicle fleet will be 

reduced by 30 percent.. 

The Pavley regulations reduce greenhouse gas emissions from new passenger 

vehicles by requiring that each year between 2009 and 2016, manufacturers meet 

separate, increasingly stringent fleet average greenhouse gas levels based on the 

size of the vehicles – a numerically lower level for passenger cars and the smallest 

of the light-duty trucks (PC + LDT1), and a higher level for larger light-duty trucks 

and medium-duty passenger vehicles (LDT2 + MDPV). The greenhouse gas 

emissions included within the scope of the Pavley regulations include carbon dioxide 

(CO2), methane (CH4), and nitrous oxide (N2O). In addition, a manufacturer may 

earn credits toward complying with the requirements by equipping vehicles with an 

advanced “low-leak” air conditioning system or one that uses a refrigerant with a 

lower global-warming potential than HFC-134a, which is used today. 

To demonstrate compliance with the fleet average greenhouse gas requirements, a 

manufacturer must first group the vehicles in its fleet based on similarities, such as 

engine, transmission type, or weight, that impact greenhouse gas emissions. A 

manufacturer must then conduct testing to determine the greenhouse gas emissions 

from each group of vehicles. Using these data, and applying any emission credits 

that may be earned for vehicles equipped with advanced air conditioning systems, 

the average grams per mile of “CO2–equivalent” emissions is calculated for each 

vehicle group. A manufacturer must then calculate its overall fleet average 

greenhouse gas level by calculating the sales–weighted average CO2–equivalent 

emissions from its PC + LDT1 fleet and from its LDT2 + MDPV fleet. Manufacturers 

are required to submit emission testing data and sales data in sufficient detail to 

allow staff to verify a manufacturer’s fleet average greenhouse gas levels for each 

model year. 

II. DESCRIPTION OF PUBLIC PROBLEM, ADMINISTRATIVE CIRCUMSTANCE 

PROPOSAL IS INTENDED TO ADDRESS; PROPOSED SOLUTIONS AND 

RATIONALE FOR EACH REGULATORY PROVISION 

Since Board approval in 2004, motor vehicle manufacturers and their trade 

associations have challenged the Pavley regulations in numerous federal and state 

court proceedings and have opposed California’s request to U.S. EPA (or EPA) for a 

required waiver of preemption under the federal Clean Air Act to allow California to 

enforce its adopted standards. 

On May 19, 2009, challenging parties, automakers, California, and the federal 

government committed to a series of actions that would resolve these current and 

potential future disputes over the standards through model year 2016. In summary, 

the U. S. Environmental Protection Agency and the U. S. Department of 
4

Transportation committed to adopt a federal program to reduce greenhouse gases 

and improve fuel economy, respectively, from passenger vehicles, to achieve 

equivalent or greater greenhouse gas benefits as the Pavley regulations for the 

2012–2016 model years. (The Notice of Proposed Rulemaking (NPRM) on the 

national program was issued on September 28, 2009. 74 Fed.Reg. 49454 

(September 28, 2009).) Manufacturers committed to ultimately drop current, and 

forego similar future legal challenges for the 2009 through 2016 model years, 

including challenging a waiver subsequently granted by EPA on June 30, 2009. 74 

Fed.Reg. 32744 (July 8, 2009). For its part, California committed to: (1) revise its 

standards to allow manufacturers to demonstrate compliance with the fleet average 

greenhouse gas emission standard by “pooling” California and Section 177 State 

vehicle sales; (2) revise its regulations for 2012 through 2016 model year vehicles 

such that compliance with equivalent EPA-adopted greenhouse gas standards 

would serve as compliance with California’s standards; and (3) revise its standards 

as necessary to allow manufacturers to use emission data from the federal 

Corporate Average Fuel Economy (CAFE) program to demonstrate compliance with 

the Pavley regulations. Regulatory changes that implement the first and third 

commitments made by California were approved by the Board at a public hearing on 

September 24, 2009. The current proposed amendments to California’s passenger 

motor vehicle regulations, which are discussed in greater detail below, address the 

second commitment made by California. 

III. SUMMARY OF RECOMMENDED ACTION 

California committed to accept national program compliance for model years 2012 

through 2016 with the understanding that it would provide equivalent or better overall 

greenhouse gas reductions nationwide than California’s program (which has been 

adopted by 13 other states and the District of Columbia) standing alone. Consistent 

with this understanding, ARB submitted comments to EPA on the NPRM that 

express concerns that the proposed National Program might not meet these 

expectations. Specifically, two issues need to be addressed by U.S. EPA in the 

Final Rule to ensure California’s continued support for the National Program. These 

concerns are discussed in greater detail below. It should also be noted that 

adoption of this proposal does not eliminate the reporting requirements for California 

that have already been adopted by the Board prior to this hearing. Specifically, a 

manufacturer will still be required to submit emission testing data and sales data for 

California each of the Section 177 states in sufficient detail to allow staff to verify the 

manufacturer’s average greenhouse gas levels for each model year. 

In this rulemaking, staff is proposing adoption of the proposed national passenger 

motor vehicle greenhouse gas regulations for the 2012 through 2016 model years, 

as an alternative compliance option to the Pavley regulations, on the assumption 

that U.S. EPA will address ARB’s concerns in the Final Rule for the National 

Program, due to be released in March, 2010. Upon release of the Final Rule, Board 

staff will issue 15-day changes, which will finalize California’s adoption of this rule. If 

U.S. EPA does not address ARB’s concerns in their Final Rule, staff will return to the 

Board to ask direction as to how to proceed. 
5

Issues of Concern with the Proposed National Greenhouse Gas Program

U.S. EPA Must Maintain the Stringency of the Greenhouse Gas 

Standards Proposed in the NPRM in the Final Rule

As previously mentioned, back in May, when California made a commitment 

to allow manufacturers to demonstrate compliance with the Pavley 

regulations for the 2012 through 2016 model years by demonstrating 

compliance with a national greenhouse gas program, it was with the full 

expectation that the emission benefits of our program would be maintained. 

This was part of the commitment made by EPA to California, otherwise, we 

would not have agreed to accept the National Program. The greenhouse gas 

emission standards currently contained in the NPRM are consistent with our 

understanding. Thus it is critical to the agreement that EPA upholds its 

commitment to California and does not weaken the proposed standards and 

the program’s reduction in GHG emissions in the Final Rule. 

National Advanced Technology Vehicle Credit Provisions for Electric 

Vehicles, Plug-in Hybrid Electric Vehicles, and Fuel Cell Vehicles 

EPA believes that electric vehicles (EVs), plug-in hybrid electric vehicles 

(PHEVs), and fuel cell vehicles (FCVs) have the potential to reduce 

greenhouse gases more significantly than any commercially-available 

technologies, and ARB fully agrees with this. EPA is, therefore, proposing 

that additional credits be given to these advanced technologies in the 2012 

through 2016 model years, in order to encourage their development. 

These advanced technology credits would take the form of multipliers in the 

range of 1.2 to 2.0, allowing an EV, PHEV, or FCV to count as more than one 

vehicle during the calculation of a manufacturer’s fleet average CO2 level to 

determine compliance with the applicable footprint-based standard. These 

multipliers would not be applied when calculating the actual footprint-based 

CO2 standard to which a manufacturer must comply. (Footprint is determined 

by multiplying the vehicle’s wheelbase by the vehicle’s average track width. 

The greenhouse gas standards being proposed by EPA are expressed as 

mathematical functions that depend on vehicle footprint.) 

In addition, EPA is proposing to assign a value of zero grams per mile of CO2

for EVs and for the electric portion of PHEV operation, when including these 

vehicles in a manufacturer’s average. EPA acknowledges that there are 

upstream CO2 emissions from electricity generation, which are produced 

during EV and PHEV charging. Similarly there are upstream emissions from 

hydrogen production for FCVs. However, EPA feels that the significant 

greenhouse gas emission reductions that may be achieved from this 

technology outweighs the dis-benefits of ignoring these emissions within this 

timeframe. 

Staff agrees with EPA’s goal of encouraging the early development and 

production of advanced technology vehicles. However, staff believes that the 
6

approach proposed by EPA could allow manufacturers to earn unreasonably 

high numbers of credits, thereby potentially reducing the overall GHG 

reductions achieved by the national program and delaying the implementation 

of improved greenhouse gas technologies on conventional vehicles. 

Consequently, staff believes that EPA’s Final Rule must strike a better 

balance between advanced vehicle development and protecting greenhouse 

gas reductions by assigning average lifecycle emissions to these vehicles, 

and restricting credits to EVs and FCVs only. 

Other Issues

Other issues of concern to ARB include our belief that it is important that 

EPA’s Final Rule include a backstop measure to guarantee that emission 

reductions are achieved, regardless of any unforeseen changes in the fleet 

mix. Also, ARB does not support the provisions for allowing manufacturers to 

earn early credits prior to implementation of the National Program that are 

currently proposed in the NPRM unless such credits are accrued by 

exceeding California’s requirements in California and the Section 177 states. 

Restricting a manufacturer’s ability to earn early credits in this way will assure 

that credits earned in the early years do not provide a windfall for vehicle 

manufacturers and that the emission reductions envisioned for the National 

Program are realized. We expect that EPA will carefully consider California’s 

concerns when they finalize their greenhouse gas rulemaking. 

Offsetting Greenhouse Gas Debits from the California Program

Staff does not anticipate that any manufacturer will accumulate compliance debits 

from California’s greenhouse gas regulations in the 2009 and 2010 model years, and 

for most manufacturers, none will be incurred in the 2011 model year either. 

However, in the unlikely event that debits are incurred they must be equalized within 

the five model years provided in the regulation, at which time we expect all or most 

manufacturers to participating in the federal program with its own scheme for the 

generation of credits and debits. In order to ensure that debits incurred in the 2009 

through 2011 model years are equalized, staff is proposing that a manufacturer be 

required to either carry a zero greenhouse gas debit balance at the end of the 2011 

model year or submit a plan for offsetting any greenhouse debits incurred in 

California, the Section 177 states, and the District of Columbia using credits earned 

under the National greenhouse gas program before it may opt into the federal 

program. Upon approval of the plan by the Executive Officer, the manufacturer will 

be allowed to opt into the National greenhouse gas program. 
7

IV. AIR QUALITY, ENVIRONMENTAL, AND ECONOMIC IMPACTS 

A. Air Quality 

While the proposed national passenger motor vehicle greenhouse gas standards are 

of equal stringency to the Pavley regulations in the 2016 model year, they are less 

stringent than the Pavley standards in the 2011 through 2015 model years. 

Consequently, allowing manufacturers to comply with the Pavley regulations in the 

2012 through 2015 model years by demonstrating compliance with the national 

regulations in these model years will result in slightly less reduction in greenhouse 

gas reductions within California and the individual states that have adopted 

California’s program. However, staff believes that nationwide, greenhouse gas 

emission reductions from the proposed national GHG program – assuming 

California’s comments on the proposed rulemaking are affirmatively addressed – will 

be greater than if the Pavley program were implemented without the national GHG 

program. This occurs because although the proposed national standards are less 

stringent than California’s in model years 2012 through 2015, the national standards 

apply to more than twice as many vehicles than are subject to the Pavley 

regulations. 

Staff calculated the comparative GHG benefits of the Pavley rules and the federal 

program in calendar years 2016 and 2020 relative to a baseline year of 2002. 

ARB’s approach was to employ GHG emissions rates that are the basis of 

California’s Pavley regulation and the proposed federal program. For the federal 

program, staff used the values from table 1.D.2-5, “Projected Fleet-wide Emission 

Levels Under the Proposed Footprint-Based Standards (g/mi),” in the NPRM. 74 FR 

at 49470 (September 28, 2009). This table lists the projected national fleet emission 

levels taking into account the impact of credits available under the national program 

for flex-fuel vehicles and the temporary lead time allowance standards. The 

estimated federal GHG emission rates could then be compared to those established 

by California’s Pavley rules for new vehicles sold between 2012 and 2016. The 

effectiveness of the Pavley and the federal program was determined by calculating 

the percent reduction in GHGs achieved for each new model year relative to the 

2002 baseline. 

ARB staff then calculated the tons of greenhouse gases reduced in California under 

the proposed federal program compared to those that occur under the Pavley rules 

by applying the new vehicle model year-specific GHG reductions to CO2 tons per 

day emission estimates output from the EMFAC on-road emissions inventory model. 

The EMFAC model reflects the current and projected vehicle fleet in California, 

based on data from the Department of Motor Vehicles, the Smog Check inspection 

and maintenance program, and local and regional transportation planning agencies. 

The emission rates in the EMFAC model are derived from testing of in-use vehicles. 

Documentation and downloadable copies of the EMFAC model are available at 

http://www.arb.ca.gov/msei/onroad/latest_version.htm. 

To develop estimates of GHG reductions for the other 49 states, staff scaled 

California ton reductions from EMFAC using state-specific motor vehicle gasoline 

consumption data as a surrogate. For the federal fleet mix, staff used the fleet mix 
8

shown for model years 2012-2016 in the spreadsheet EPA-HQ-OAR-2009-0472-

0085 from the Public Docket for the national program. Table 1 compares the annual 

benefits of the Pavley program in California and California and the 177 states with 

the proposed national GHG program in these states for model years 2016 and 2020. 

Table 2 compares the annual benefits of the Pavley program in California, California 

and the 177 states, and national fuel economy requirements for 2012 through 2016 

in the rest of the states with the proposed national GHG program applied nationwide 

for model years 2016 and 2020. The national fuel economy requirements were 

derived from projecting a linear increase in fuel economy from 2011 to 2020 in order 

to meet the 35 miles per gallon requirement of H.R. 6, the Energy Independence and 

Security Act of 2007. 

Table 3 compares the cumulative benefits of the Pavley program in California and 

California and the 177 states with the proposed national GHG program in these 

states for model years 2016 and 2020. 

Table 4 compares the cumulative benefits of the Pavley program in California, 

California and the 177 states, and national fuel economy requirements for 2012 

through 2016 in the rest of the states with the proposed national GHG program 

applied nationwide for model years 2016 and 2020. The national fuel economy 

requirements were derived from projecting a linear increase in fuel economy from 

2011 to 2020 in order to meet the 35 miles per gallon requirement of H.R. 6, the 

Energy Independence and Security Act of 2007. 

As expected, due to the slightly relaxed federal standards for model years 2012-

2015, the benefits of the proposed national program are slightly lower in California 

and the other states that have adopted the Pavley program. However, as shown in 

Tables 2 and 4, when the proposed national GHG standards are applied nationwide, 

greater reductions are achieved. 

Table 1 – Annual Greenhouse Gases Reduced (MMTa

) 

California and 177 States 

Region Year 

Scenario 1 

CA + 13 177 States 

Pavley Standard 

Scenario 2 

Proposed National GHG 

Standard 

2016 15 12 California 2020 26 23 

California and 13 2016 45 36 

177 Statesb

2020 79 68 

a

 Million Metric Tons 

b

 Includes states that have adopted California’s standards (Arizona, Connecticut, Maine, Maryland, 

Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, 

Washington, and the District of Columbia).
9

Table 2 – Annual Greenhouse Gases Reduced (MMTa) 

Nationwide 

Region Year 

Scenario 1 

CA + 13 177 States:Pavley 

Standard 

Other States: National Fuel 

Economy Program 

Scenario 2 

Proposed National GHG 

Standard 

2016 81 103 Nationwide 2020 155 197 

a

 Million Metric Tons 

Table 3 – Cumulative Greenhouse Gases Reduced (MMTa) 

California and 177 States 

Region Year 

Scenario 1 

CA + 13 177 States: 

Pavley Standard 

Scenario 2 

Proposed National GHG 

Standard 

2016 44 33 California 2020 132 109 

California and 13 2016 133 99 

177 Statesb

2020 401 325 

a

 Million Metric Tons 

b

 Includes states that have adopted California’s standards (Arizona, Connecticut, Maine, Maryland, 

Massachusetts, New Jersey, New Mexico, New York, Oregon, Pennsylvania, Rhode Island, Vermont, 

Washington, and the District of Columbia).

Table 4 – Cumulative Greenhouse Gases Reduced (MMTa) 

Nationwide 

Region Year 

Scenario 1 

CA + 13 177 States:Pavley 

Standard 

Other States: National Fuel 

Economy Program 

Scenario 2 

Proposed National GHG 

Standard 

2016 241 286 Nationwide 2020 793 941 

a

 Million Metric Tons 

B. Economic Impact 

There are no additional costs due to this amendment. The proposed amendments 

will provide the approximately thirty vehicle manufacturers subject to the Pavley 

regulations with an optional method for complying with them. Staff expects that the 

proposed amendments could reduce the cost of compliance for vehicle 

manufacturers that choose to meet the alternative requirements. A manufacturer 

may also choose to comply with the regulations as they currently are written, in 

which case there would still be no economic impact from these amendments on that 

manufacturer. 
10

There will be no fiscal impacts to the State from the proposed amendments, either in 

terms of tax revenue or personnel requirements. These amendments are not 

expected to change vehicle prices in a way that would alter vehicle purchase 

decisions. The inclusion of alternative compliance options does not substantially 

increase the volume of data to review or the enforcement burden to the ARB that 

would justify hiring additional staff. 

C. Alternatives 

1. Evaluation of alternatives considered and reasons for 

rejecting them

Staff considered the following regulatory alternative to the proposed amendments. 

Do not amend current Pavley regulations. This alternative would require vehicle 

manufacturers to produce lower emitting vehicles for California and its partner 

states, and could result in different, higher emitting vehicles being sold in the 

remaining states, depending on if or how the final EPA standards are adopted. 

This alternative was rejected because California committed to making the proposed 

amendments as part of the commitments made by California, the federal 

government, and other parties on May 19, 2009, as discussed in Section II. These 

commitments were based on the belief that the national program would result in 

greater nationwide GHG emission reductions, and possibly lower compliance costs 

to vehicle manufacturers due to a single nationwide regulation. 

2. Description of reasonable alternatives considered that would 

lessen impact on small business

No alternatives were considered to lessen the impact on small business, because 

small businesses will not be impacted by these proposed amendments. 

3. Evidence relied upon to support initial determination in the 

notice that the regulation will not have a significant adverse 

economic impact on business

The proposed amendments will not significantly affect businesses, since vehicle 

purchase price and model availability will not be adversely impacted. Vehicle 

manufacturers will not be required to expend any money to comply with the new 

requirements. Rather, this proposal could save them money. 

4. Justification for adoption of regulations different from federal 

regulations contained in the Code of Federal Regulations

The proposed amendments do not adopt regulations that are substantively different 

than federal regulations. Climate change threatens California’s public health, water 

resources, agricultural industry, ecology, and economy. Due to these and other 

threats, AB 1493 (Chapter 200, Statutes of 2002 (Pavley)) specifically directed the 

Air Resources Board to adopt regulations to control greenhouse gas emissions from 
11

motor vehicles. At that time, there were no federal regulations to reduce 

greenhouse gas emissions from passenger vehicles. In September, 2004, the ARB 

approved the nation’s first passenger vehicle greenhouse gas regulations (Pavley 

regulations). While as discussed above EPA has proposed a National greenhouse 

gas program there currently is no federal GHG emission standard for motor vehicles. 

These proposed amendments do not replace California’s own passenger motor 

vehicle greenhouse gas regulations. (Historically, California has maintained a 

separate and distinct program for controlling emissions from motor vehicles, which is 

consistent with the intent of Congress in their adoption of the Clean Air Act.) Rather, 

these proposed amendments will allow a manufacturer to demonstrate compliance 

with our greenhouse gas regulations in the 2012 through 2016 model years by 

demonstrating compliance with the national passenger motor vehicle greenhouse 

gas regulations. (The final rule for the national program is expected to be released 

in March, 2010.) For any manufacturer that elects to comply with the national 

program within this timeframe, there are no substantive differences between the 

California requirements and the National Program. For any manufacturer that elects 

to comply with the original Pavley regulations within this timeframe, the proposed 

amendments will have no effect. 

V. ENVIRONMENTAL JUSTICE 

"Environmental Justice" is defined as the fair treatment of people of all races, 

cultures, and incomes with respect to the development, adoption, implementation, 

and enforcement of environmental laws, regulations, and policies (Government 

Code §65040.12(c). 

Staff does not believe that this proposal will have any adverse environmental justice 

impacts because the stringency of California’s passenger vehicle greenhouse gas 

requirements is not affected by the proposed changes to the regulations. 

Furthermore, since the criteria pollutant regulations must still be met on an individual 

state-by-state basis, there will be no increase in criteria pollutants in California due 

to mix shifting of vehicles between California and other states. 

VI. LIST OF APPENDICES 

Appendix A: Proposed Regulation Order 

Appendix B: Proposed Amendments to the California Exhaust Emission Standards 

and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Vehicles 
12

VII. REFERENCES 

1. Alliance of Automobile Manufacturers, Letter from The Honorable David 

McCurdy, President and Chief Executive Officer, to The Honorable Ray 

LaHood, Secretary, United States Department of Transportation and The 

Honorable Lisa P. Jackson, Administrator, United States Environmental 

Protection Agency, May 18, 2009 

2. American Honda Motor Company, Inc., Letter from John Mendel, Executive 

Vice President, Automobile Sales, American Honda Motor Company, Inc., to 

The Honorable Ray LaHood, Secretary, United States Department of 

Transportation and The Honorable Lisa P. Jackson, Administrator, United 

States Environmental Protection Agency, May 17, 2009 

3. Behrentz, E., Ling, R., Rieger, P., and Winer, A.M. Measurements of nitrous 

oxide emissions from light-duty motor vehicles: a pilot study. Submitted to 

Journal of Atmospheric Environment, April 2004 

4. BMW, Letter from Dr.-Ing. Norbert Reithofer, Chairman of the Board of 

Management, BMW, to The Honorable Lisa P. Jackson, Administrator, United 

States Environmental Protection Agency and The Honorable Ray LaHood, 

Secretary, United States Department of Transportation, May 18, 2009 

5. California Air Resources Board, Letter from Mary D. Nichols, Chairman, to 

The Honorable Lisa P. Jackson, Administrator, United States Environmental 

Protection Agency and The Honorable Ray LaHood, Secretary, United States 

Department of Transportation, May 18, 2009 

6. California Air Resources Board (CARB), Letter from Mary D. Nichols, 

Chairman, to a-and-r-Docket@epa.gov, CARB’s comments on the “Proposed 

Rulemaking to Establish Light-Duty Vehicle Greenhouse Gas Emission 

Standards and Corporate Average Fuel Economy Standards; 74 Fed. Reg. 

49454 (September 28, 2009); EPA Docket ID No. EPA-HQ-OAR-2009-0472,” 

November 25, 2009 

7. Chrysler LLC, Letter from Robert L. Nardelli, Chairman and Chief Executive 

Officer, Chrysler LLC to The Honorable Ray LaHood, Secretary, United 

States Department of Transportation and The Honorable Lisa P. Jackson, 

Administrator, United States Environmental Protection Agency, May 17, 2009 

8. Daimler AG, Letter from Dr. Dieter Zetsche, Chairman of the Board of 

Management of Daimler AG and Head of Mercedes-Benz Cars, and Dr. 

Thomas Weber, Member of the Board of Management, Group Research & 

Mercedes-Benz Cars Development, to The Honorable Ray LaHood, 

Secretary, United States Department of Transportation and The Honorable 

Lisa P. Jackson, Administrator, United States Environmental Protection 

Agency, May 18, 2009 
13

9. EMFAC, 2007. Version 2.3, 

http://www.arb.ca.gov/msei/onroad/latest_version.htm. 

10. Federal Register, Volume 74, No. 129 / Wednesday, July 8, 2009 / Notice, 

Environmental Protection Agency, “California State Motor Vehicle Pollution 

Control Standards; Notice of Decision Granting a Waiver of Clean Air Act 

Preemption for California’s 2009 and Subsequent Model Year Greenhouse 

Gas Emission Standards for New Motor Vehicles.” 

11. Federal Register, Volume 74, No. 186 / Monday, September 28, 2009 /

Proposed Rules, Environmental Protection Agency and Department of 

Transportation, “Proposed Rulemaking to Establish Light-Duty Vehicle 

Greenhouse Gas Emission Standards and Corporate Average Fuel Economy 

Standards.” 

12. Ford Motor Company, Letter from Alan R. Mulally, President and Chief 

Executive Officer, Ford Motor Company, to The Honorable Ray LaHood, 

Secretary, United States Department of Transportation and The Honorable 

Lisa P. Jackson, Administrator, United States Environmental Protection 

Agency, May 17, 2009 

13. General Motors Corporation, Letter from Frederick A. Henderson, Chief 

Executive Officer, General Motors Corporation, to The Honorable Lisa P. 

Jackson, Administrator, United States Environmental Protection Agency and 

The Honorable Ray LaHood, Secretary, United States Department of 

Transportation, May 17, 2009 

14. Mazda North American Operations, Letter from Jim O’Sullivan, President and 

Chief Executive Officer, Mazda North American Operations, to The Honorable 

Ray LaHood, Secretary, United States Department of Transportation and The 

Honorable Lisa P. Jackson, Administrator, United States Environmental 

Protection Agency, May 18, 2009 

15. State of California, Air Resources Board, “Initial Statement of Reasons for 

proposed Rulemaking, Public Hearing to Consider Adoption of Regulations to 

Control Greenhouse Gas Emissions Form Motor Vehicles,” August 6, 2004 

16. State of California, Air Resources Board, spreadsheet 

“California_Benefits_SC1.xls” 

17. State of California, Air Resources Board, spreadsheet 

“California_Benefits_SC2.xls” 

18. State of California, Air Resources Board, spreadsheet 

“CO2_Emission_Rate_SC1.xls” 

19. State of California, Air Resources Board, spreadsheet 

“CO2_Emission_Rate_SC2.xls” 
14

20. State of California, Air Resources Board, spreadsheet “EPA-HQ-OAR-

(National Fleet).xls” 

21. State of California, Air Resources Board, spreadsheet “state-by-state 

Benefits_SC1(Annual_and_Cumulative).xls” 

22. State of California, Air Resources Board, spreadsheet “state-by-state 

Benefits_SC2(Annual_and_Cumulative).xls” 

23. State of California, Letter from Governor Arnold Schwarzenegger to The 

Honorable Lisa P. Jackson, Administrator, United States Environmental 

Protection Agency and The Honorable Ray LaHood, Secretary, United States 

Department of Transportation, May 18, 2009 

24. State of California, Office of the Attorney General, Letter from Edmund G. 

Brown, Jr., Attorney General, State of California, to The Honorable Lisa P. 

Jackson, Administrator, United States Environmental Protection Agency and 

The Honorable Ray LaHood, Secretary, United States Department of 

Transportation, May 18, 2009 

25. Toyota Motor Sales, Letter from James E. Lentz, President, Toyota Motor 

Sales, to The Honorable Lisa P. Jackson, Administrator, United States 

Environmental Protection Agency and The Honorable Ray LaHood, 

Secretary, United States Department of Transportation, May 17, 2009 

26. Volkswagen Group of America, Letter from Stefan Jacoby, President and 

Chief Executive Officer, Volkswagen Group of America, to The Honorable 

Lisa P. Jackson, Administrator, United States Environmental Protection 

Agency and The Honorable Ray LaHood, Secretary, United States 

Department of Transportation, May 17, 2009. 
1 

Date of Release: January 7, 2010; 45-Day Notice Version 

Date of Hearing: February 25-26, 2010 

Appendix A 

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. Because 

there are three other pending ARB rulemakings that also amend the incorporated test 

procedures, the amendments proposed herein identify these other pending 

amendments as follows: 1)amendments to these regulations that were adopted by ARB 

on December 2, 2009 as part of the “Rulemaking to Consider Plug-In Hybrid Electric 

Vehicle Test Procedure Amendments and Aftermarket Parts Certification Requirements 

Adoption”, which have not yet been approved by the Office of Administrative Law, are 

indicated in SMALL CAPITAL DOTTED UNDERLINE to indicate additions and SMALL CAPITAL 

DOUBLE STRIKEOUT to indicate deletions. That rulemaking was sent to California’s Office 

of Administrative Law (OAL) for approval on December 3, 2009. OAL has until January 

15, 2010 to make a determination; 2) amendments to these regulations that were 

approved by the Board in September 2009 as part of the “Rulemaking to Consider 

Proposed Amendments to New Passenger Motor Vehicle Greenhouse Gas Emission 

Standards” are shown in italics with bold underline, but not bold text to indicate 

additions and italics double strikeout to indicate deletions; and 3) those approved by the 

Board in November 2009 as part of the “Rulemaking to Consider the Repeal of the 

2007 Amendments to California’s Emission Warranty Information Reporting (EWIR) 

and Recall Regulations and Emission Test Procedures and Readopt the Prior EWIR 

Regulations and Emission Test Procedures” are shown in italics with dashed 

underline and bold text to indicate additions and bold italics double strikeout to 

indicate deletions. 

Subsections for which no changes are proposed in this rulemaking are indicated with 

[No change] or “* * * *”. 

Amend the following Sections of Title 13, California Code of Regulations, to read: 

§ 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 
2 

Date of Release: January 7, 2010; 45-Day Notice Version 

Date of Hearing: February 25-26, 2010

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

as amended MAY 2, 2008 DECEMBER 2, 2009 [insert date of the September 2009 

greenhouse gas amendment for this rulemaking] [insert date of the November 

2009 EWIR amendment for this rulemaking] [insert date of 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. 

§ 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)(i) 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: 
3 

Date of Release: January 7, 2010; 45-Day Notice Version 

Date of Hearing: February 25-26, 2010

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.
4 

Date of Release: January 7, 2010; 45-Day Notice Version 

Date of Hearing: February 25-26, 2010

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 separate values for the number of vehicles produced and 

delivered for sale in the District of Columbia and for each individual state within the 

average. 

(A)(ii) For the 2012 through 2016 model years, a manufacturer may elect 

to demonstrate compliance with this section 1961.1 by demonstrating compliance with 

the National greenhouse gas program as follows:

a. A manufacturer that selects compliance with this option 

1961.1(a)(1)(A)(ii) must notify the Executive Officer of that selection, in writing, prior to 

the start of the applicable model year or must comply with 1961.1(a)(1)(A)(i). 

b. The manufacturer must submit to ARB a copy of the official report 

that it submitted to EPA as required under 40 CFR §86-1865-12 for demonstrating 

compliance with the National greenhouse gas program and the official EPA 

determination of compliance. These must be submitted no later than May 1 of the 

calendar year following the close of the model year, for each model year that a 

manufacturer selects compliance with this option 1961.1(a)(1)(A)(ii). and 

c. If a manufacturer has outstanding greenhouse gas debits at the 

end of the 2011 model year, as calculated in accordance with 1961.1(b), the 

manufacturer must submit to the Executive Officer a plan for offsetting all outstanding 

greenhouse gas debits by using greenhouse gas credits earned under the National 

greenhouse gas program. Upon approval by the Executive Officer, the manufacturer 

may demonstrate compliance with this section 1961.1 by demonstrating compliance 

with the National greenhouse gas program. 

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

(e) Definitions Specific to this Section. The following definitions apply to this 

section 1961.1: 

 (1) “A/C Direct Emissions” means any refrigerant released from a motor 

vehicle's air conditioning system. 

 (2) “A/C Indirect Emissions” means any increase in motor vehicle exhaust 

CO2 emissions that can be attributed to the operation of the air conditioning system. 
5 

Date of Release: January 7, 2010; 45-Day Notice Version 

Date of Hearing: February 25-26, 2010

 (3) “GHG Vehicle Test Group” means vehicles that have an identical test 

group, vehicle make and model, transmission class and driveline, aspiration method 

(e.g., naturally aspirated, turbocharged), camshaft configuration, valvetrain 

configuration, and inertia weight class. 

 (4) “Greenhouse Gas” means the following gases: carbon dioxide, methane, 

nitrous oxide, and hydrofluorocarbons. 

(5) “Grid-Connected Hybrid Electric Vehicle” means a hybrid electric vehicle 

that has the capacity for the battery to be recharged from an off-board source of 

electricity and has some all-electric range. 

(6)“GWP” means the 100-year global warming potential specified in IPCC 

(Intergovernmental Panel on Climate Change) 2000: Emissions Scenarios. N. 

Nakicenovic et. al. editors, Special Report of Working Group III of the IPCC, Cambridge 

University Press, Cambridge UK, ISBN 0-521-80493-0.

(7) “National greenhouse gas program” means the national program that applies 

to new 2012 through 2016 model year passenger cars, light-duty trucks, and mediumduty passenger vehicles as promulgated by the U.S. Environmental Protection Agency

on March XX, 2010 [Insert Reference in Federal Register for Final GHG Rule], as 

incorporated in and amended by the "California Exhaust Emission Standards and Test 

Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Vehicles.”

(87) “Normal Operation” of an air conditioning system means typical everyday 

use of the A/C system to cool a vehicle. “Normal Operation” does not include car 

accidents, dismantling of an air conditioning system, or any other non-typical events. 

(98) “Optional GHG Test Vehicle Configuration” means any GHG vehicle 

configuration that is selected for testing by the manufacturer as allowed by section 

G.2.3 of the “California Exhaust Emission Standards and Test Procedures for 2001 and 

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

other than the worst-case configuration. 

(109) “Renewable Energy Resource” means a facility that meets all of the 

criteria set forth in Public Resources Code section 25741(a), except that the facility is 

not required to be located in California or near the border of California. 

 (110) “Variable Displacement Compressor” means a compressor in which the 

mass flow rate of refrigerant is adjusted independently of compressor speed by the 

control system in response to cooling load demand. 

(121) “Variable Speed Compressor” means a compressor in which the mass 

flow rate of refrigerant can be adjusted by control of the compressor input shaft speed, 

independent of vehicle engine speed. For example, a variable speed compressor can 

have electric drive, hydraulic drive, or mechanical drive through a variable speed 

transmission. 

(132) “Worst-Case” means the vehicle configuration within each test group that 

is expected to have the highest CO2-equivalent value, as calculated in section 

1961.1(a)(1)(B)1. 

Sections (f) and (g). [No change.] 
6 

Date of Release: January 7, 2010; 45-Day Notice Version 

Date of Hearing: February 25-26, 2010

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. 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

1

Appendix B 

California Environmental Protection Agency 

 AIR RESOURCES BOARD 

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES FOR 

2001 AND SUBSEQUENT MODEL 

PASSENGER CARS, LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY VEHICLES 

Adopted: August 5, 1999 

Amended: December 27, 2000 

Amended: July 30, 2002 

Amended: September 5, 2003 (corrected February 20, 2004) 

Amended: May 28, 2004 

Amended: August 4, 2005 

Amended: June 22, 2006 

Amended: October 17, 2007 

Amended: May 2, 2008 

AMENDED: DECEMBER 2, 2009

Amended: [Insert Date of Sept 2009 GHG Amendments]

Amended: [Insert Date of Nov 2009 Warranty Amendments]

Amended: [Insert Date of Feb 2010 GHG Amendments]

Note: The proposed amendments to this document are shown in single underline to indicate 

additions and strikeout to indicate deletions compared to the test procedures as last amended May 

2, 2008. Because there are three other pending ARB rulemakings that also amend the 

incorporated test procedures, the amendments proposed herein identify these other pending 

amendments as follows: 1)amendments to these regulations that were adopted by ARB on 

December 2, 2009 as part of the “Rulemaking to Consider Plug-In Hybrid Electric Vehicle Test 

Procedure Amendments and Aftermarket Parts Certification Requirements Adoption”, which 

have not yet been approved by the Office of Administrative Law, are indicated in SMALL CAPITAL 

DOTTED UNDERLINE to indicate additions and SMALL CAPITAL DOUBLE STRIKEOUT to indicate 

deletions. That rulemaking was sent to California’s Office of Administrative Law (OAL) for 

approval on December 3, 2009. OAL has until January 15, 2010 to make a determination; 2) 

amendments to these regulations that were approved by the Board in September 2009 as part of 

the “Rulemaking to Consider Proposed Amendments to New Passenger Motor Vehicle 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

2

Greenhouse Gas Emission Standards” are shown in italics with bold underline, but not bold text

to indicate additions and italics double strikeout to indicate deletions; and 3) those approved by 

the Board in November 2009 as part of the “Rulemaking to Consider the Repeal of the 2007 

Amendments to California’s Emission Warranty Information Reporting (EWIR) and Recall 

Regulations and Emission Test Procedures and Readopt the Prior EWIR Regulations and 

Emission Test Procedures” are shown in italics with dashed underline and bold text to indicate 

additions and bold italics double strikeout to indicate deletions. Section numbering changes 

from these three other rulemakings are not indicated in this document. [n/a] indicated provisions 

of the proposed federal rule (74 Fed.Reg. 49454 (September 28, 2009)) that do not apply in 

California and are not proposed for incorporation. [No change] indicates proposed federal 

provisions that are also proposed for incorporation herein without change. Existing intervening 

text that is not amended in this rulemaking is indicated by “* * * *”. 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

3

Amend “CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES 

FOR 2001 AND SUBSEQUENT MODEL PASSENGER CARS, LIGHT-DUTY TRUCKS 

AND MEDIUM-DUTY VEHICLES, “ as incorporated by reference in Title 13, California Code 

of Regulations, Section 1961(d) to read: 

* * * * 

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROCEDURES 

FOR 2001 AND SUBSEQUENT MODEL 

PASSENGER CARS, LIGHT-DUTY TRUCKS AND MEDIUM-DUTY VEHICLES

 The provisions of Subparts B, C, and S, Part 86, Title 40, Code of Federal Regulations, as 

adopted or amended on May 4, 1999 or as last amended on such other date set forth next to the 

40 CFR Part 86 section title listed below, and to the extent they pertain to exhaust emission 

standards and test procedures, are hereby adopted as the “California Exhaust Emission Standards 

and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and 

Medium-Duty Vehicles,” with the following exceptions and additions. 

PART I: GENERAL PROVISIONS FOR CERTIFICATION AND IN-USE 

VERIFICATION OF EMISSIONS 

A. General Applicability 

1. §86.1801 Applicability. 

* * * * 

1.2 §86.1801-12. [Insert Federal Register for the National Greenhouse Gas Final 

Rule]. Amend as follows:

1.2.1 Amend subparagraph (a) as follows: Except as otherwise indicated, the 

provisions of this subpart apply to new passenger cars, light-duty trucks, and mediumduty vehicles, including multi-fueled, alternative fueled, hybrid electric, plug-in hybrid 

electric, and electric vehicles. In cases where a provision applies only to a certain vehicle 

group based on its model year, vehicle class, motor fuel, engine type, or other 

distinguishing characteristics, the limited applicability is cited in the appropriate section 

of this subpart. 

1.2.2 Subparagraph (b) Aftermarket conversions. [n/a]

1.2.3 Amend subparagraph (c) Optional Applicability as follows:

(a) Amend subparagraph (c)(1) as follows: A manufacturer must 

certify any heavy-duty complete Otto-cycle vehicle of 14,000 pounds Gross 

Vehicle Weight Rating (GVWR) or less in accordance with the medium-duty 

chassis-standards of Section E.1 of these test procedures. A manufacturer must 

certify all heavy-duty diesel engines or vehicles of 14,000 pounds GVWR or less 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

4

to the medium-duty engine standards in title 13, CCR, section 1956.8(g) or (h). A 

manufacturer may request to certify heavy-duty complete diesel vehicles to the 

chassis-standards in Section E.1 of these test procedures; heavy-duty engine or 

heavy-duty vehicle provisions of 40 CFR Part 86 subpart A do not apply to such a

vehicle or engine.

(b) Subparagraph (c)(2) [No change.]

(c) Subparagraph (c)(3) [No change.]

(d) Subparagraph (c)(4) [n/a; aftermarket conversions]

(e) Subparagraph (c)(5) [n/a]

1.2.4 Amend subparagraph (d) as follows: Small volume manufacturers. 

Special certification procedures are available for any manufacturer whose projected or 

actual combined California sales of passenger cars, light-duty trucks, medium-duty 

vehicles, heavy-duty vehicles and heavy-duty engines in its product line are fewer than 

4,500 units based on the average number of vehicles sold for the three previous 

consecutive model years for which a manufacturer seeks certification. For manufacturers 

certifying for the first time in California, model-year production volume shall be based on 

projected California sales. The small-volume manufacturer's light- and medium-duty 

vehicle and truck certification procedures are described in 40 CFR §86.1838, as modified 

in Section G.12 of these test procedures. 

1.2.5 Subparagraph (e). [n/a; NLEVs.] 

1.2.6 Subparagraph (f) [n/a; Tier 2 phase-in provisions]

1.2.7 Subparagraph (g) [n/a; Tier 2 phase-in provisions]

1.2.8 Subparagraph (h) [No change.]

1.2.9 Subparagraph (i) [No change, except that this subparagraph shall only 

apply to vehicles certifying to the National greenhouse gas program for the 2012 through 

2016 model years, in accordance with section E of these test procedures.]

1.2.10 Subparagraph (j) [No change, except that this subparagraph shall only 

apply to vehicles certifying to the National greenhouse gas program for the 2012 through 

2016 model years, in accordance with section E of these test procedures.]

* * * * 

B. Definitions, Acronyms and Abbreviations 

1. §86.1803 Definitions. 

* * * * 

1.2 §86.1803-01. [Insert Federal Register for the National Greenhouse Gas Final 

Rule]. [No change, except as otherwise noted below.] The version of §86.1803-01 as 

incorporated by this section B.1.2 shall only apply to vehicles certifying to the National 

greenhouse gas program for the 2012 through 2016 model years, in accordance with section E of 

these test procedures.
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

5

2. California Definitions. 

* * * * 

 “National greenhouse gas program” or “National greenhouse gas final rule” means

the national program that applies to new 2012 through 2016 model year passenger cars, lightduty trucks, and medium-duty passenger vehicles adopted by the U.S. Environmental Protection 

Agency on March XX, 2010 [Insert Federal Register for the National Greenhouse Gas Final 

Rule], as incorporated in and amended by these test procedures. 

* * * * 

C. General Requirements for Certification 

1. §86.1805 Useful Life. 

* * * * 

1.3 §86.1805-12. [Insert Federal Register for the National Greenhouse Gas 

Final Rule]. [No change, except that this section §86.1805-12 shall only apply to vehicles 

certifying to the National greenhouse gas program for the 2012 through 2016 model 

years, in accordance with section E of these test procedures.]

2. §86.1806 On-Board Diagnostics. 

2.1 §86.1806-01; §86.1806-05. Delete. 

* * * * 

5. §86.1809 Prohibition of Defeat Devices. 

* * * * 

5.2 §86-1809-10. [Insert Federal Register for the National Greenhouse Gas Final 

Rule]. [No change except that requirements applicable to the Air Conditioning Idle Test 

shall only apply to vehicles certifying to the National greenhouse gas program, and 

subparagraph (e) shall apply to vehicles subject to the California TLEV, LEV, ULEV and 

SULEV standards.]

D. §86.1810 General standards; increase in emissions; unsafe conditions; waivers 

* * * * 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

6

3. §86.1810-09. February 26, 2007[Insert Federal Register for the National 

Greenhouse Gas Final Rule]. [No change, except that the amendments to §86.1810-01 set forth 

in D.1 and D.2 shall also apply.]

E. California Exhaust Emission Standards. 

Delete 40 CFR §§86.1811 through 86.1819, except that for model years 2012 through 

2016, a manufacturer may demonstrate compliance with the requirements of sections E.2.5 and 

E.3.2 by demonstrating compliance with §86.1818.12 [Insert Federal Register for the National 

Greenhouse Gas Final Rule]. 

* * * * 

2. Emission Standards Phase-In Requirements for Manufacturers 

* * * * 

2.5 Fleet Average Greenhouse Gas Requirements for Passenger Cars, Light-Duty 

Trucks, and Medium-Duty Passenger Vehicles. 

2.5.1(i) 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: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

7

FLEET AVERAGE GREENHOUSE GAS 

EXHAUST MASS EMISSION REQUIREMENTS FOR 

PASSENGER CAR, LIGHT-DUTY TRUCK, AND MEDIUM-DUTY 

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 E.2.5.2. 

2.5.1.1 For each model year, a manufacturer must demonstrate 

compliance with the fleet average requirements in this section E.2.5.1 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 section 1961.1, title 13, CCR, 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 section 1961.1, title 13, CCR, 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). 

2.5.1.1.1 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 

2.5.1.1. or must comply with Option 1.

2.5.1.1.2 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.
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

8

2.5.1.1.3 When a manufacturer is demonstrating compliance using 

Option 2 for a given model year, the term “in California” as used in subsections 

E.2.5.2.3 and E.3.2 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).

2.5.1.1.4 A manufacturer that selects compliance Option 2 must 

provide to the Executive Officer separate values for the number of vehicles

produced and delivered for sale in the District of Columbia and for each 

individual state within the average.

2.5.1(ii) For the 2012 through 2016 model years, a manufacturer may elect 

to demonstrate compliance with this section E.2.5 by demonstrating compliance with the 

National greenhouse gas program as follows: 

(a) A manufacturer that selects compliance with this option E.2.5.1(ii) must 

notify the Executive Officer of that selection, in writing, prior to the start of the 

applicable model year or must comply with E.2.5.1(i).

(b) The manufacturer must submit to ARB a copy of the official report that it 

submitted to EPA as required under 40 CFR §86-1865-12 for demonstrating compliance 

with the National greenhouse gas program and the official EPA determination of 

compliance. These must be submitted no later than May 1 of the calendar year following 

the close of the model year, for each model year that a manufacturer selects compliance 

with this option E.2.5.1(ii). and

(c) If a manufacturer has outstanding greenhouse gas debits at the end of the 

2011 model year, as calculated in accordance with E.3.2, the manufacturer must submit to 

the Executive Officer a plan for offsetting all outstanding greenhouse gas debits by using 

greenhouse gas credits earned under the National greenhouse gas program. Upon 

approval by the Executive Officer, the manufacturer may demonstrate compliance with 

this section E.2.5 by demonstrating compliance with the National greenhouse gas 

program. 

* * * * 

F. Requirements and Procedures for Durability Demonstration 

* * * * 

4.2 §86.1823-08 January 17, 2006 [Insert Federal Register for the National 

Greenhouse Gas Final Rule]. [No change, except that the amendments to §86.1823-01 set forth 

in F.4.1 shall apply, and subparagraph (m) applies only to vehicles certifying to the National 

greenhouse gas program.]
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

9

* * * * 

G. Procedures for Demonstration of Compliance with Emission Standards 

1. §86.1827 Test Group Determination. 

1.1 §86.1827-01. October 6, 2000February 26, 2007 [Insert Federal Register for the 

National Greenhouse Gas Final Rule]. [No change, except that subparagraphs (a)(5) and

(f) shall only apply to vehicles certifying to the National greenhouse gas program.] 

* * * * 

3. §86.1829 Durability data and emission data testing requirements; waivers. 

3.1 §86.1829-01. December 8, 2005February 26, 2007 [Insert Federal Register for 

the National Greenhouse Gas Final Rule]. Amend as follows: 

3.1.1 Delete (b)(1)(ii) and replace with: For Otto-cycle vehicles or hybrid 

vehicles that use Otto-cycle engines, evidence shall be supplied showing that the air/fuel 

metering system or secondary air injection system is capable of providing sufficient 

oxygen to theoretically allow enough oxidation to attain the CO emission standards at 

barometric pressures equivalent to those expected at altitudes ranging from sea level to an 

elevation of 6000 feet. For fuel injected vehicles or hybrid electric vehicles that use fuelinjected engines, compliance may be demonstrated upon a showing by the manufacturer 

that the fuel injection system distributes fuel based on mass air flow, rather than volume 

flow, and is therefore self-compensating. All submitted test proposals will be evaluated 

on their acceptability by the Executive Officer. As an alternative to the demonstration 

described above, a manufacturer may demonstrate compliance by testing California 

vehicle configurations as part of its federal high altitude certification requirements. 

Engine families that meet all the applicable California low altitude emission standards 

when tested at the EPA test elevation are deemed to be in compliance. The SFTP 

standards do not apply to testing at high altitude.

3.1.2 (b)(1)(iii)(E) [No change, except that references to Tier 2 or interim nonTier 2 vehicles shall mean California LEVs, ULEVs or SULEVs.] 

3.1.3 Amend (b)(1)(iii)(G) as follows: For the 2012 model year only, in lieu of 

testing a vehicle for N2O emissions, a manufacturer may provide a statement in its application for 

certification that such vehicles comply with the applicable standards. Such a statement must be 

based on previous emission tests, development tests, or other appropriate information and good 

engineering judgment. This subparagraph (b)(1)(iii)(G) only applies to vehicles certifying to the 

National greenhouse gas program.

3.1.43 Amend (b)(4)(i) as follows: All 2001 and subsequent model-year 

emission-data vehicles shall be required to be tail-pipe tested at 4,000 miles or at the 

mileage at which the vehicle is stabilized as determined in §86.1827-01 and demonstrate 

compliance with the California Inspection and Maintenance (“I/M”) emission standards 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

10

as specified in the “Mandatory Exhaust Emissions Inspection Standards and Test 

Procedures,” title 16, California Code of Regulations, Section 3340.42. A manufacturer 

shall have the option of using the I/M test procedures in place at the time of certification 

or, if the I/M test procedures have been amended within two years of the time of 

certification, a manufacturer may use the preceding procedures. Test vehicles shall 

undergo preconditioning procedures prior to the tail-pipe test, which consist of idle 

conditions for a minimum period of ten minutes after the thermostat is open. 

Preconditioning and test procedures shall be conducted at an ambient temperature from 

68o to 86o F. The manufacturer shall, in accordance with good engineering practices, 

attest that such test vehicles will meet the requirements of this section when 

preconditioned and tested at ambient temperatures from 35o to 68o F. 

3.1.54 Amend (b)(4)(ii) as follows: In lieu of testing vehicles according to the 

provisions of §86.1829(b)(4)(i), a manufacturer may provide a statement in its application 

for certification that, based on the manufacturer's engineering evaluation of such I/M 

testing as the manufacturer deems appropriate, all light-duty vehicles and light-duty 

trucks comply with the I/M emission standards. 

3.1.65 Delete (b)(5). Idle CO Testing. 

* * * * 

H. Certification, Information and Reporting Requirements. 

1. §86.1841 Compliance with emission standards for the purpose of certification 

* * * * 

1.2 For 2012 through 2016 model year vehicles certifying to the National greenhouse 

gas program, §86.1841-01 [Insert Federal Register for the National Greenhouse Gas Final Rule] 

shall apply. Changes specified under section H.1.1 shall also apply for this section H.1.2.

1.32 Scope of Certification. Certification, if granted, is effective only for the 

vehicle/test group described in the original manufacturer's certification application. 

Modifications by a secondary manufacturer to vehicles/engines shall be deemed not to increase 

emissions above the standards under which those vehicles/engines were certified and to be within 

the original certification if such modifications do not: (1) increase vehicle weight more than 

10 percent above the curb weight, increase frontal area more than 10 percent, or result in a 

combination increase of weight plus frontal area of more than 14 percent; or (2) include changes 

in axle ratio, tire size, or tire type resulting in changes in the drive train ratio of more than 

5 percent; or (3) include any modification to the emission control system. No originally certified 

vehicle/engine which is modified by a secondary manufacturer in a manner described in items (1) 

through (3) of the preceding sentence may be sold to an ultimate purchaser, offered or delivered 

for sale to an ultimate purchaser, or registered in California unless the modified vehicle/engine is 

certified by the state board in accordance with applicable test procedures to meet emission 

standards for the model year for which the vehicle/engine was originally certified. For the 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

11

purposes of this subsection, “secondary manufacturer” means any person, other than the original 

manufacturer, who modifies a new motor vehicle prior to sale to the ultimate purchaser. 

1.43 SFTP. For vehicles certified to the SFTP standards in Section E.1.2.2, full and 

intermediate useful life shall mean 4,000 miles. 

1.54 Certification of a Federal Vehicle in California. Whenever a manufacturer 

federally-certifies a 2004 or subsequent model-year passenger car, light-duty truck or mediumduty vehicle model to the standards for a particular emissions bin that are more stringent than the 

standards for an applicable California vehicle emissions category, the equivalent California 

model may only be certified to (i) the California standards for a vehicle emissions category that 

are at least as stringent as the standards for the corresponding federal emissions bin, or (ii) the 

exhaust emission standards to which the federal model is certified. However, where the federal 

exhaust emission standards for the particular emissions bin and the California standards for a 

vehicle emissions category are equally stringent, the California model may only be certified to 

either the California standards for that vehicle emissions category or more stringent California 

standards. The federal emission bins are those contained Tables S04-1 and S04-2 of 40 CFR 

section 86.1811-04(c) as adopted February 10, 2000. A California vehicle model is to be treated 

as equivalent to a federal vehicle model if all of the following characteristics are identical: 

(a) Vehicle make and model; 

(b) Cylinder block configuration (e.g., L-6, V-8); 

(c) Displacement; 

(d) Combustion cycle; 

(e) Transmission class; 

(f) Aspiration method (e.g., naturally aspirated, turbocharged); and 

(g) Fuel (e.g., gasoline, natural gas, methanol). 

The comparative stringency of the standards for the federal exhaust emissions bin and for the 

California vehicle emissions category shall be based on a comparison of the sum of the 100,000, 

120,000, or 150,000 mile standards for NMOG and NOx. 

1.54.1 If a federally-certified vehicle model is certified in California in 

accordance with subparagraph 1.4, the model shall be subject to the federal requirements 

for exhaust emissions, SFTP emissions, cold CO emissions and highway NOx. The 

vehicle model shall be subject to all other California requirements including evaporative 

emissions, OBD II, greenhouse gas emissions, and emissions warranty, except that a 2004 

or earlier model-year vehicle in the federal heavy light-duty truck or medium-duty 

passenger vehicle classes may at the manufacturer's option be subject to the federal 

requirements for evaporative emissions and OBD II. 

1.54.2 Prior to certification of a 2004 or subsequent model-year vehicle, a 

manufacturer must submit information sufficient to enable the Executive Officer to 

determine whether there is a federally-certified vehicle model for that model year that is 

equivalent to the California vehicle model based on the criteria listed in subparagraph 1.4. 

1.54.3 If the Executive Officer determines that there is a federally-certified 

vehicle model for that model year that is equivalent to the California vehicle model, the 

following information shall be submitted with the Part I or Part II Application for 

Certification as set forth below: 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

12

(a) Part I Application for Certification: (i) Evidence of federal 

certification including, but not limited to, federal certification exhaust emission 

levels and compliance with federal SFTP, cold CO and highway NOx emission 

levels; and (ii) evidence of compliance with California evaporative emission 

requirements, California OBD II requirements, and California greenhouse gas 

requirements or, where permitted under Section 1.4.1 for a 2004 or earlier modelyear vehicle, evidence of federal certification evaporative emission levels and 

compliance with federal OBD II requirements. 

(b) Part II Application for Certification: evidence of a warranty on 

emission-related parts in accordance with sections 2035 et seq., title 13 CCR as 

they apply to vehicles certified under the primary California standard. 

1.54.4 For purposes of meeting the California NMOG fleet average phase-in 

requirements or for determining vehicle equivalent credits, the applicable California 

NMOG value for passenger cars and light-duty trucks or vehicle equivalent credits for 

medium-duty vehicles shall be determined as follows: 

(a) The sum of the federal full useful life (100,000, 120,000 or 150,000) 

NMOG and NOx value shall be compared with the next less stringent California 

full useful life NMOG plus NOx value to determine which emission category 

(e.g., LEV, ULEV or SULEV) is to be used for the fleet average value or vehicle 

equivalent credit calculation. 

(b) For passenger cars and light-duty trucks, once the equivalent 

California emission category is determined (e.g., whether the vehicle is considered 

a LEV, ULEV or SULEV), the applicable NMOG value to be used in the fleet 

average calculation is set forth in the table in section E.2.1.2 of these test 

procedures for passenger cars and light-duty trucks. For example, if the full 

useful life (120,000 miles) NMOG plus NOx standard to which the federal vehicle 

is certified is 0.110 grams per mile, that vehicle would be considered a LEV II 

ULEV for fleet average purposes because the combined LEV full useful life 

NMOG plus NOx value is 0.125 and is the next less stringent emission category. 

The applicable emission standard to be used in the fleet average calculation would 

therefore be 0.040 grams per mile. 

1.54.5 The vehicle shall be subject to the federal in-use requirements and the 

emission standard applicable for in-use compliance purposes shall be the federal standard 

to which the vehicle was federally-certified. 

1.5.6 The tune up label shall meet the federal requirements applicable to such a 

vehicle with an additional sentence which reads: “This vehicle conforms to federal 

regulations and is certified for sale in California.” The value used in the smog index label 

shall be the California emission category to which the vehicle was deemed certified for 

fleet average NMOG purposes. 

1.5.7 The requirements in Section H.1.4 do not apply in the case of a federallycertified vehicle model that is only marketed to fleet operators for applications that are 

subject to clean fuel fleet requirements established pursuant to section 246 of the federal 

Clean Air Act (42 U.S.C. sec. 7586). In addition, the Executive Officer shall exclude 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

13

from the requirements a federally-certified vehicle model where the manufacturer 

demonstrates to the Executive Officer's reasonable satisfaction that the model will 

primarily be sold or leased to clean fuel fleet operators for such applications, and that 

other sales or leases of the model will be incidental to marketing to those clean fuel fleet 

operators. 

1.54.8 A manufacturer may certify a passenger car, light-duty truck or mediumduty vehicle to federal exhaust emission standards pursuant to Section H.1.4 prior to the 

2004 model year.

* * * * 

4.5 Greenhouse Gas Reporting Requirements.

(a) For the purpose of demonstrating compliance with greenhouse gas 

requirements, the manufacturer shall provide by May 1 of the calendar year following the 

close of the model year:

(i) A manufacturer that demonstrates compliance under section 

E.2.5.2.1.1, Option A, must submit a comprehensive list of all emission test 

results, including the test vehicle description and identification number, CO2, 

CH4, and N2O emission data, the data and/or justifications used to determine the 

“worst case” greenhouse gas test vehicle configuration, as required by G.2.34.2, 

for each greenhouse gas vehicle test group. A manufacturer that demonstrates 

compliance under section E.2.5.2.1.1, Option B, must submit a comprehensive list 

of all emission test results used to calculate its Corporate Average Fuel Economy, 

including the test vehicle description and identification number, for each 

subconfiguration and the number of vehicles produced and delivered for sale 

under Option 1 or Option 2 in section E.2.5.1.1, as applicable, that are 

represented by the subconfiguration. A manufacturer must not submit any 

emission test results from vehicles tested, or calculated results, as part of the 

Corporate Average Fuel Economy Program, unless those results have been 

judged acceptable by the U.S. Environmental Protection Agency, in accordance 

with §600.007-08. A manufacturer that submits data from the Corporate Average 

Fuel Economy Program must clearly indicate whether the data is derived from 

vehicle testing or whether it is calculated. A manufacturer that elects to use 

CAFE Program emissions data to demonstrate compliance with the greenhouse 

requirements must use all of the data that is used by the U.S. Environmental 

Protection Agency to determine a manufacturer’s corporate average fuel 

economy for the applicable model year, and may forego testing of the “worstcase” configuration;

* * * * 

(b) For the 2012 through 2016 model years, a manufacturer that elects to 

demonstrate compliance with the requirements of sections E.2.5 and E.3.2 by 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

14

demonstrating compliance with the National greenhouse gas program must submit all 

data to the Executive Officer in accordance with the reporting requirements as required 

under 40 CFR §86.1865-12.

(bc) All data submitted in accordance with this section H.4.5, must be 

submitted electronically and organized in a format specified by the Executive Officer to 

clearly demonstrate compliance with the fleet average greenhouse gas exhaust emission 

requirements in section E.2.5 or §86.1865-12, as applicable. 

I. In-Use Compliance Requirements and Procedures 

1. §86.1845 Manufacturer in-use verification testing requirements. 

* * * * 

1.2 §86.1845-04. December 8, 2005December 28, 2006 [Insert Federal Register for 

the National Greenhouse Gas Final Rule]. Amend as follows: 

* * * * 

1.5 Greenhouse Gas Requirements. 

For the 2009 through 2011 model years, tThe manufacturer in-use verification 

testing requirements shall not apply to the greenhouse gas emission requirements set forth in 

Section E.2.5 of these test procedures. For the 2012 through 2016 model years, the manufacturer 

in-use verification testing requirements shall apply to a manufacturer that certifies its California 

fleet under the National greenhouse gas program.

2. §86.1846 Manufacturer in-use confirmatory testing requirements. 

2.1 §86.1846-01 July 12, 2001December 28, 2006 [Insert Federal Register for the 

National Greenhouse Gas Final Rule]. [No Change.] 

* * * * 

2.4 Greenhouse Gas Requirements. 

For the 2009 through 2011 model years, tThe manufacturer in-use compliance 

testing requirements shall not apply to the greenhouse gas emission requirements set forth in 

Section E.2.5 of these test procedures. For the 2012 through 2016 model years, the manufacturer 

in-use compliance testing requirements shall apply to a manufacturer that certifies its California 

fleet under the National greenhouse gas program.

* * * * 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

15

J. Procedural Requirements 

1. §86.1848-01 Certification. October 6, 2000. [No change.] 

2. §86.1848-10 Certification. February 26, 2007. [No change.]

3. §86.1848-10 Certification. [Insert Federal Register for the National Greenhouse 

Gas Final Rule]. [No change, except that this version of §86.1848-10 shall only 

apply to vehicles certifying under the National greenhouse gas program for the 

2012 through 2016 model years.]

43. §86.1849-01 Right of entry. [No change.] 

54. §86.1850-01 Denial, Suspension or Revocation of Certificate of Conformity. [No 

change.] 

65. §86.1851 Application of good engineering judgment to manufacturers' decisions. 

[No change.] 

76. §86.1852 Waivers for good in-use emission performance. [No change.] 

87. §86.1853 Certification hearings. [No change.] 

9. §86.1854-12 Prohibited acts. [Insert Federal Register for the National 

Greenhouse Gas Final Rule]. [No change.]

108. §§86.18554 - 86.1859. [Reserved] 

119. §86.1860-04 How to comply with the Tier 2 and interim Tier 2 fleet average NOx 

standards. [n/a] 

120. §86.1861-04 How do the Tier 2 and interim Tier 2 NOx averaging, banking and 

trading programs work? [n/a] 

131. §86.1862-04 Maintenance of records and submittal of information relevant to 

compliance with fleet average NOx standards. [n/a] 

142. §86.1863-07 Optional Chassis Certification for Diesel Vehicles. January 18, 

2001June 17, 2003. [No change] 

15. §86.1865-12 How to comply with the fleet average CO2 standards. [Insert Federal 

Register for the National Greenhouse Gas Final Rule]. [No change, except that 

this section shall only apply to vehicles certifying under the National greenhouse 

gas program for the 2012 through 2016 model years.]

16. §86.1866-12 CO2 fleet average credit programs. [Insert Federal Register for the 

National Greenhouse Gas Final Rule]. [No change, except that this section shall 

only apply to vehicles certifying under the National greenhouse gas program for 

the 2012 through 2016 model years.]

17. §86.1867-12 Optional early CO2 credit programs. [Insert Federal Register for the

National Greenhouse Gas Final Rule]. [No change, except that this section shall 

only apply to vehicles certifying under the National greenhouse gas program for 

the 2012 through 2016 model years.]
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

16

PART II: CALIFORNIA EXHAUST AND PARTICULATE EMISSION TEST 

PROCEDURES FOR PASSENGER CARS, LIGHT-DUTY TRUCKS AND 

MEDIUM-DUTY VEHICLES 

This part describes the equipment required and the procedures necessary to perform 

gaseous and particulate exhaust emission tests (40 CFR Part 86, Subpart B); cold temperature 

test procedures (40 CFR Part 86, Subpart C); the California 50oF test procedure; the development 

of reactivity adjustment factors; and the supplemental federal test procedure (40 CFR Part 86, 

Subpart B) on passenger cars, light-duty trucks and medium-duty vehicles. 

A. 40 CFR Part 86, Subpart B - Emission Regulations for 1977 and Later Model Year 

New Light-Duty Vehicles and New Light-Duty Trucks; Test Procedures. 

* * * * 

100.2 Equipment and Facility Requirements. 

* * * * 

86.111-94 Exhaust gas analytical-system. September 30, 1994 [Insert Federal 

Register for the National Greenhouse Gas Final Rule]. 

* * * * 

100.5 Test Procedures and Data Requirements. 

86.127-00 Test procedures; overview. May 4, 1999 [Insert Federal Register for the National 

Greenhouse Gas Final Rule]. 

* * * * 

100.5.3 California Vehicle Preconditioning Requirements. 

* * * * 

86.135-00 Dynamometer procedure. [Insert Federal Register for the National Greenhouse 

Gas Final Rule] [No change.]

* * * * 

100.5.4 Calculations; exhaust emissions. 

* * * * 
Date of Release: January 7, 2010; 45-Day Notice version 

Hearing Date: February 25-26, 2010 

17

86.165-12 Air Conditioning idle test procedure. [Insert Federal Register for the National 

Greenhouse Gas Final Rule]. [No change, except that this section shall only apply 

to vehicles certifying under the National greenhouse gas program for the 2012 

through 2016 model years.]

86.166-12 Method for calculating emissions due to air conditioning leakage. [Insert Federal 

Register for the National Greenhouse Gas Final Rule]. [No change, except that 

this section shall only apply to vehicles certifying under the National greenhouse 

gas program for the 2012 through 2016 model years.]

86.167-12 N2O measurement devices. [Insert Federal Register for the National Greenhouse 

Gas Final Rule]. [No change, except that this section shall only apply to vehicles 

certifying under the National greenhouse gas program for the 2012 through 2016 

model years.]

86.168-12 Interference verification for N2O analyzers. [Insert Federal Register for the 

National Greenhouse Gas Final Rule]. [No change, except that this section shall 

only apply to vehicles certifying under the National greenhouse gas program for 

the 2012 through 2016 model years.]

* * * *