1 

As Amended: March 29, 2010 

Date of Hearing: February 25-26, 2010 

FINAL REGULATION ORDER 

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

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

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

Amendments to these regulations that were adopted by the Board on September 24, 

2009 as part of the “Rulemaking to Consider Proposed Amendments to New Passenger 

Motor Vehicle Greenhouse Gas Emission Standards,” but which have not yet been 

approved by California’s Office of Administrative Law (OAL) are indicated in dotted 

underline to indicate additions and italics double strikeout to indicate deletions. That 

rulemaking was sent to OAL for approval on February 22, 2010. OAL has until April 6, 

2010 to make a determination. 

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

[No change] or “* * * *”. 
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As Amended: March 29, 2010 

Date of Hearing: February 25-26, 2010

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 

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

as amended December 2, 2009 February 22, 2010 March 29, 2010, 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 through 2008 Model ZeroEmission Vehicles, and 2001 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, 

and 43106, 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. 
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As Amended: March 29, 2010 

Date of Hearing: February 25-26, 2010

§ 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: 
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As Amended: March 29, 2010 

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.
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As Amended: March 29, 2010 

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:

1. 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). 

2. The manufacturer must submit to ARB a copy of the Model Year 

CAFE report that it submitted to EPA as required under 40 CFR §86.1865-12 (as 

proposed at 74 Fed.Reg. 49454, 49760 (September 28, 2009) and adopted by EPA on 

April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010), for demonstrating 

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

compliance. These must be submitted within 30 days of receipt of the EPA 

determination of compliance, for each model year that a manufacturer selects 

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

3. 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 before applying those credits to offset any National 

greenhouse gas program debits. Upon approval of the plan by the Executive Officer, 

the manufacturer may demonstrate compliance with this section 1961.1 by 

demonstrating compliance with the National greenhouse gas program. Any California 

debits not offset by the end of the 2016 model year National greenhouse gas program 

reporting period are subject to penalties as provided in this Section 1961.1.

 
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As Amended: March 29, 2010 

Date of Hearing: February 25-26, 2010

(B) Calculation of Fleet Average Greenhouse Gas Value.

1. Basic Calculation.

a. Option A: Each manufacturer shall calculate both a “city” grams per 

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

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

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

accordance with section 1961(a)(14), using the following formula. Option B: For a 

manufacturer that elects to demonstrate compliance with the greenhouse gas 

requirements using CAFE data, “GHG vehicle test group” shall mean “subconfiguration” 

in this subsection 1961.1(a)(1)(B)1.a. Greenhouse Gas emissions used for the “city” 

CO2-equivalent value calculation shall be measured using the “FTP” test cycle (40 CFR, 

Part 86, Subpart B). Greenhouse Gas emissions used for the “highway” CO2-

equivalent value calculation shall be based on emissions measured using the Highway 

Test Procedures. 

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

Indirect Emissions Allowance 

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

emissions. A manufacturer that elects to use CAFE data to demonstrate compliance 

with the greenhouse gas requirements may substitute the term 1.9 CO2-equivalent 

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

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

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

that manufacturer demonstrates that the following requirements are met. Such 

demonstration shall include specifications of the components used and an engineering 

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

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

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

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

met. 

Sections (a)(1)(B)1.b.i. through (a)(1)(B)1.b.iii. [No change.] 
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As Amended: March 29, 2010 

Date of Hearing: February 25-26, 2010

iv. A manufacturer that elects to use CAFE Program emissions 

data to demonstrate compliance with the greenhouse gas requirements 

shall calculate the A/C Direct Emissions Allowance for each Vehicle 

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

air conditioning system used in that Vehicle Configuration and calculating 

a sales-weighted average for that Vehicle Configuration.

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

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

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

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

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

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

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

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

iv. A manufacturer that elects to use CAFE Program emissions 

data to demonstrate compliance with the greenhouse gas requirements 

shall calculate the A/C Indirect Emissions Allowance for each Vehicle 

Configuration by calculating the A/C Indirect Emissions Allowance for 

each air conditioning system used in that Vehicle Configuration and 

calculating a sales-weighted average for that Vehicle Configuration.

Sections (a)(1)(B)1.d. through (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. 

 (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. 
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As Amended: March 29, 2010 

Date of Hearing: February 25-26, 2010

(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 proposed by the U.S. Environmental Protection Agency at 

74 Fed.Reg. 49454 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 

Fed.Reg. [insert page], April [insert date], 2010, 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.] 

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.