Attachment 1

Final Regulation Order 1 

Submitted to OAL: July 28, 2006 

Hearing Dates: September 17, and October 20 and 27, 2005

FINAL REGULATION ORDER 

Amend the following sections of title 13, California Code of Regulations, to read as set 

forth in the following pages: 

Amend: 

Section 1956.1 Exhaust Emission Standards and Test Procedures – 

1985 and Subsequent Model Heavy Duty Urban Bus 

Engines and Vehicles. 

Section 1956.8(a)(2)(A)&(B) Exhaust Emissions Standards and Test Procedures – 

1985 and Subsequent Model Heavy Duty Urban Bus 

Engines and Vehicles 

Section 2023.1(a)(4)&(5) Fleet Rule for Transit Agencies – Urban Bus 

Requirements 

Section 2023.4(b) Reporting Requirements for Transit Agencies 

Notes: The amendments are shown in underline to indicate additions and strikeout

to indicate deletions. The symbol “* * * * *” means that intervening text not being 

amended is not shown. “[No Change]” means that no changes are being made to a 

specified subsection, the text of which is not shown. 
Attachment 1

Final Regulation Order 2 

Submitted to OAL: July 28, 2006 

Hearing Dates: September 17, and October 20 and 27, 2005

Amend Section 1956.1 to read as follows: 

§ 1956.1 Exhaust Emission Standards and Test Procedures – 1985 and 

Subsequent Through - 2006 Model-Year Heavy Duty Urban Bus 

Engines and Vehicles.

(a) The exhaust emissions from new 1985 and subsequent model heavy-duty 

diesel cycle urban bus engines and vehicles fueled by methanol, natural gas, 

liquefied petroleum gas, and petroleum shall not exceed the following, by 

model year: 

(1) [No Change] 

(2) [No Change] 

(3) [No Change] 

(4) [No Change] 

(5) [No Change] 

(6) [No Change] 

(7) [No Change] 

(8) October 2002-2006 optional standards – Except for diesel-fueled, 

dual-fuel, and bi-fuel engines but including heavy-duty pilot ignition 

engines, manufacturers may choose to certify 2002-2006 model year 

bus engines produced beginning October 1, 2002, to an optional 1.8 

g/bhp-hr to 0.3 g/bhp-hr NOx plus NMHC standard, measured as the 

arithmetic sum of the NOx and NMHC exhaust component certification 

values, without restriction on individual component certification values; 

provided that engines certified to this optional reduced-emission NOx 

plus NMHC standard may not participate in any averaging, banking, or 

trading program set forth in the test procedures document incorporated 

by reference in subdivision (c) of this section. A manufacturer may 

certify to any standard between the values of 1.8 g/bhp-hr to 

0.3 g/bhp-hr, by 0.3 g/bhp-hr NOx + NMHC increments.

(9) [No Change] 

(10) 2004-2006 : – Except as provided in paragraph (11), below, the 

required standard shall be 2.4 g/bhp-hr NOx + NMHC measured as the 

arithmetic sum of exhaust component certification values for these 
Attachment 1

Final Regulation Order 3 

Submitted to OAL: July 28, 2006 

Hearing Dates: September 17, and October 20 and 27, 2005

pollutants, without restriction on individual component values, 

15.5 g/bhp-hr CO, and 0.05 g/bhp-hr PM (0.07 g/bhp-hr PM in-use).

(A) Manufacturers may choose to certify to a 2.5 g/bhp-hr optional 

combined NOx + NMHC standard, provided that the NMHC 

exhaust component certification value shall not exceed 

0.5 g/bhp-hr. 

(B) Emissions averaging may be used to meet the combined 

NOx + NMHC standard, the optional combined NOx + NMHC 

standard set forth in paragraph (A), and the PM standard. 

(C) The combined NOx + NMHC standard and the optional 

combined NOx + NMHC standard described in paragraph (A) 

may serve as the certification standard for the higher emitting 

fueling mode of an engine certified under the dual fueling mode 

certification process set forth in section 1956.8(a)(4), title 13, 

CCR. 

(11) [No Change] 

(12) 2007 and subsequent – 0.2 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.05 

g/bhp-hr NMHC, 5.0 g/bhp-hr CO, and 0.01 g/bhp-hr formaldehyde. 

(b) 2003-2006 2003-2006 bi-fuel heavy-duty pilot ignition engines – A bi-fuel 

engine meeting the definition of a heavy-duty pilot ignition engine set forth in 

section1956.2 (b)(4) may be certified to the standards in section1956.1 (a)(8) 

and (a)(10), provided that the engine is certified to an optional PM standard 

of 0.03, 0.02, or 0.01 g/bhp-hr. 

(c) Test Procedures. The test procedures for determining compliance with 

standards applicable to 1985 and subsequent through 2006 model-year

heavy-duty diesel cycle urban bus engines and vehicles and the requirements 

for participation in the averaging, banking and trading programs, are set forth 

in the "California Exhaust Emission Standards and Test Procedures for 2004 

and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," adopted 

December 12, 2002, and the “California Interim Certification Procedures for 

2004 and Subsequent Model Hybrid-Electric Vehicles, in the Urban Bus and 

Heavy-Duty Vehicle Classes,” adopted October 24, 2002, which are 

incorporated by reference herein. 

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104 and 43806, 

Health and Safety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 

39017, 39033, 39500, 39650, 39657, 39667, 39701, 40000, 43000, 43000.5, 43009, 43013, 43018, 

43102 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. 
Attachment 1

Final Regulation Order 4 

Submitted to OAL: July 28, 2006 

Hearing Dates: September 17, and October 20 and 27, 2005

Amend section 1956.8 (a)(2)(A)&(B) to read as follows:

§ 1956.8. Exhaust Emissions Standards and Test Procedures – 1985 and 

Subsequent Model Heavy-Duty Engines and Vehicles. 

(a)(1) [No Change] 

(2)(A) The exhaust emissions from new 2004 and subsequent model heavy-duty 

diesel engines, heavy-duty natural gas-fueled and liquefied-petroleum-gasfueled engines derived from diesel-cycle engines, and heavy-duty methanolfueled diesel engines, and the optional, reduced-emission standards for 2002 

and subsequent model engines produced beginning October 1, 2002, except 

in all cases engines used in medium-duty vehicles, shall not exceed: 

Exhaust Emission Standards for 2004 and Subsequent Model Heavy-Duty Engines, 

and Optional, Reduced Emission Standards for 2002 and Subsequent Model 

Heavy-Duty Engines Produced Beginning October 1, 2002, Other than Urban Bus 

Model-Year Engines Produced From October 1, 2002 Through 2006L

 (grams per 

brake horsepower-hour [g/bhp-hr]) 

Model Year Oxides of 

Nitrogen Plus 

Non-methane 

Hydrocarbons 

Optional Oxides 

of Nitrogen Plus 

Non-methane 

Hydrocarbons 

Oxides 

of 

Nitrogen 

Non-methane 

Hydrocarbons 

Carbon 

Monoxide 

Particulates 

2004-2006H 2.4 A,C,E,J 2.5 B,C,E,J n/a n/a 15.5 0.10 C

October 1, 2002-2006 n/a 1.8 to 0.3 A,D,F n/a n/a 15.5 0.03 to 

0.01 G

2007 and subsequent M

n/a n/a 0.2 I 0.14 15.5 0.01 K 

Footnotes A-K [No Change] 

L

 For 2007 and subsequent model-year urban bus engines, this section applies. For 

urban bus model-year engines produced from October 1, 2002 through 2006, refer to 

section 1956.1.

M

 For model years between 2007 and 2009, transit agencies purchasing urban buses

and/or urban bus engines shall meet the requirements set forth in section 2023.1.

(B) Phase-in Options Phase-in Options. 

(i) 1. Early NOx compliant engines Early NOx compliant engines. For model 

years 2007, 2008, and 2009, a manufacturer may, at their option, certify one 

or more of their engine families to the combined NOx plus NMHC standard or 

FEL applicable to model year 2006 engines under section 1956.8 (a)(2), in 

lieu of the separate NOx and NMHC standards or FELs applicable to the 
Attachment 1

Final Regulation Order 5 

Submitted to OAL: July 28, 2006 

Hearing Dates: September 17, and October 20 and 27, 2005

2007 and subsequent model years, specified in section 1956.8 (a)(2). Each 

engine certified under this phase-in option must comply with all other 

emission requirements applicable to model year 2007 engines. To qualify for 

this option, a manufacturer must satisfy the U.S.-directed production 

requirement of certifying no more than 50 percent of engines to the NOx plus 

NMHC standards or FELs applicable to 2006 engines, as specified in 40 

Code of Federal Regulations, part 86, section 86.007-11 (g)(1), as adopted 

January 18, 2001. In addition, a manufacturer may reduce the quantity of 

engines that are required to be phased-in using the early certification credit 

program specified in 40 Code of Federal Regulations, part 86, section 

86.007-11 (g)(2), as adopted January 18, 2001, and the “Blue Sky” engine 

program specified in 40 Code of Federal Regulations, part 86, section 

86.007-11 (g)(4), as adopted January 18, 2001. 

(ii) 2. Early PM compliant engines Early PM compliant engines. A manufacturer 

certifying engines to the 2007 and subsequent model year PM standard listed 

in section 1956.8 (a)(2) (without using credits, as determined in any 

averaging, banking, or trading program described in “California Exhaust 

Emission Standards and Test Procedures for 1985 and Subsequent Model 

Heavy-Duty Diesel Engines and Vehicles,” to comply with the standards) 

before model year 2007 may reduce the number of engines that are required 

to meet the 2007 and subsequent model year PM standard listed in section 

1956.8 (a)(2) in model year 2007, 2008 and/or 2009. To qualify for this 

option, a manufacturer must satisfy the PM emission requirements pursuant 

to the methods detailed in 40 Code of Federal Regulations, part 86, 

section 86.007-11 (g)(2)(ii), as adopted January 18, 2001. 

* * * * * 

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104, 43105 and 

43806, Health and Safety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 

39003, 39500, 43000, 43013, 43018, 43100, 43101, 43102, 43104, 43106, 43202, 43204, 43206, 

43210, 43211, 43212, 43213 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. 
Attachment 1

Final Regulation Order 6 

Submitted to OAL: July 28, 2006 

Hearing Dates: September 17, and October 20 and 27, 2005

Amend section 2023.1(a) to read as follows: 

§ 2023.1. Fleet Rule for Transit Agencies – Urban Bus Requirements 

(a) To encourage transit agencies that operate urban bus fleets to purchase or lease 

lower emission alternative-fuel buses, while also providing flexibility to such fleet 

operators to determine their optimal fleet mix in consideration of such factors as 

air quality benefits, service availability, cost, efficiency, safety, and convenience, 

two paths to compliance with this fleet rule are available: the alternative-fuel path 

and the diesel path. 

(1) [No Change]. 

(2) [No Change] 

(3) [No Change] 

(4) A transit agency within the jurisdiction of the South Coast Air Quality 

Management District shall follow the alternative-fuel path. If the transit 

agency had previously stated its intent to follow the diesel path, the 

change to the alternative-fuel path shall be effective on [Insert effective 

date of subsection]. 

(5) Transit agencies on the diesel path with more than 30 buses in their fleets

purchasing model year 2007 through 2009 urban buses that are not 

certified at or below 0.2 g/bhp-hr NOx emission level shall:

(A) Mitigate the increased NOx emissions for each urban bus purchased 

by retrofitting an existing urban bus or transit fleet vehicle within the

fleet with a level 3 particulate matter (PM) verified diesel emission 

control strategy with an oxides of nitrogen (NOx) reduction efficiency of 

at least 40 percent, if available, otherwise, with a NOx reduction 

efficiency of at least 25 percent. This retrofit requirement applies on a 

one-to-one basis until all diesel urban buses and transit fleet vehicles 

within the transit agency’s fleet are either retrofitted or are determined 

to be unable to be retrofitted as specified in (B) below.

(B) Obtain Executive Officer approval for purchasing a 2007 through 2009 

model year urban bus not subject to (A) above by submitting to the 

Executive Officer a report 90 days prior to the delivery of the urban 

bus. The report shall provide information that demonstrates that all 

vehicles in the transit agency’s fleet have been retrofitted or are 

determined to be unable to be retrofitted including when the inability to 

retrofit occurs for reasons other than a device not verified for the 

specific urban bus or transit fleet vehicle engine family. 
Attachment 1

Final Regulation Order 7 

Submitted to OAL: July 28, 2006 

Hearing Dates: September 17, and October 20 and 27, 2005

(C) Submit annual reports that meet the requirements in 

section 2023.4(b)(4).

* * * * * 

NOTE: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43701(b), Health and Safety 

Code. Reference: Sections 39002, 39003, 39017, 39500, 39650, 39667, 40000, 43000, 43000.5, 

43013, 43018, 43701(b), 43801 and 43806, Health and Safety Code; and Sections 233 and 28114, 

Vehicle Code. 

Amend section 2023.4(b) to read as follows: 

§ 2023.4 Reporting Requirements for Transit Agencies. 

(a) [No Change] 

(b) The following reports on new urban bus purchases and/or leases by transit 

agencies on the diesel path shall be submitted as described below: 

(1) [No Change] 

(2) [No Change] 

(3) [No Change] 

(4) As set forth in section 2023.1(a)(5), transit agencies with more than 30 

buses in their fleet that purchase model-years 2007 through 2009 urban 

buses not certified at or below 0.2 g/bhp-hr NOx emissions shall submit

the following information for each urban bus purchased: the manufacturer, 

make, and model year of the engine of the urban bus or transit fleet 

vehicle retrofitted and for each diesel emission control strategy applied, 

the date of installation, the device’s product serial number, and its Diesel 

Emission Control Strategy Family Name in accordance with the 

requirements of section 2705(g)(2), title 13, CCR. The first report shall be 

submitted by January 31, 2007. Subsequent reports shall be submitted 

annually by January 31 through the year 2016.

* * * * * 

NOTE: Authority cited: Sections 39600, 39601, 39659 and 39667, Health and Safety Code. 

Reference: Sections 39667, 39700, 43000, 43000.5, 43013, 43018, 43801 and 43806, Health and 

Safety Code.