As Amended: March 29, 2010

Hearing Date: February 25, 2010 1 California Environmental Protection Agency

AIR RESOURCES BOARD

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROC EDURES 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: February 22, 2010 Amended: March 29, 2010

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

additions and strikeout to indicate deletions compared to the test procedu res as last amended December 2, 2009. Amendments to these regulations that were adopted by the Board on September 24, 2009 as part of the “Rulemaking to Co nsider Proposed Amendments to New Passenger Motor Vehicle Greenhouse Gas Emission Sta ndards,” but which have not yet been approved by California’s Office of Administrative L aw (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. [n/a] indicated provisions of the p roposed federal rule (74 Fed.Reg. 49454 (September 28, 2009)) that do not apply in Californ ia and are not proposed for incorporation. [No change] indicates proposed federal provisions t hat are also proposed for incorporation herein without change. Existing intervening text that is not amended in this rulemaking is indicated by

“* * * *”.As Amended: March 29, 2010

Hearing Date: February 25, 2010 2 * * * *

CALIFORNIA EXHAUST EMISSION STANDARDS AND TEST PROC EDURES

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

The provisions of Subparts B, C, and S, Part 86, T itle 40, Code of Federal Regulations, as adopted or amended on May 4, 1999 or as last amende d on such other date set forth next to the 40 CFR Part 86 section title listed below, and to t he extent they pertain to exhaust emission standards and test procedures, are hereby adopted a s the “California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model P assenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles,” with the following exception s 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. As proposed at 74 Fed.Reg. 49454, 49752 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [i nsert page] (April [insert date], 2010).

Amend as follows:

1.2.1 Amend subparagraph (a) as follows: Except as otherwise indicated, the provisions of this subpart apply to new passenger c ars, 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 applica bility 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 manufac turer 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 proc edures. A manufacturer must certify all heavy-duty diesel engines or vehicles o f 14,000 pounds GVWR or less to the medium-duty engine standards in title 13, CC R, section 1956.8(g) or (h). A manufacturer may request to certify heavy-duty comp lete diesel vehicles to the chassis-standards in Section E.1 of these test proc edures; heavy-duty engine orAs Amended: March 29, 2010

Hearing Date: February 25, 2010 3

heavy-duty vehicle provisions of 40 CFR Part 86 sub part 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 conversi ons] (e) Subparagraph (c)(5) [n/a] 1.2.4 Amend subparagraph (d) as follows: Small vol ume 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 engine s 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 se eks certification. For manufacturers certifying for the first time in California, model- year production volume shall be based on projected California sales. The small-volume manuf acturer's light- and medium-duty vehicle and truck certification procedures are desc ribed 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 provis ions] 1.2.7 Subparagraph (g) [n/a; Tier 2 phase-in provis ions] 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 greenh ouse gas program for the 2012 through 2016 model years, in accordance with section E of t hese test procedures.] 1.2.10 Subparagraph (j) [No change, except that thi s subparagraph shall only apply to vehicles certifying to the National greenh ouse gas program for the 2012 through 2016 model years, in accordance with section E of t hese test procedures.]

* * * *

B. Definitions, Acronyms and Abbreviations

1. §86.1803 Definitions.

* * * *

1.2 §86.1803-01. As proposed at 74 Fed.Reg. 49454, 49753 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [i nsert page] (April [insert date], 2010). [No change, except as otherwise noted below.] The vers ion of §86.1803-01 as incorporated by this section B.1.2 shall only apply to vehicles certifyi ng to the National greenhouse gas program for the 2012 through 2016 model years, in accordance wi th section E of these test procedures.As Amended: March 29, 2010

Hearing Date: February 25, 2010 4 2. California Definitions.

* * * *

“National greenhouse gas program” or “National greenhouse gas final rule” means the national program that applies to new 2012 throu gh 2016 model year passenger cars, lightduty trucks, and medium-duty passenger vehicles as proposed by the U.S. Environmental Protection Agency at 74 Fed.Reg. 49454, 49748 (Sept ember 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [in sert date], 2010), as incorporated in and amended by these test procedures.

* * * *

C. General Requirements for Certification

1. §86.1805 Useful Life.

* * * *

1.3 §86.1805-12. As proposed at 74 Fed.Reg. 49454, 49755 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.R eg. [insert page] (April [insert date], 2010). [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. As proposed at 74 Fed.Reg. 49454, 49755 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [i nsert page] (April [insert date], 2010). [No change except that requirements applica ble to the Air Conditioning Idle Test shall only apply to vehicles certifying to the Nati onal greenhouse gas program, and subparagraph (e) shall apply to vehicles subject to the California TLEV, LEV, ULEV and SULEV standards.]As Amended: March 29, 2010

Hearing Date: February 25, 2010 5 D. §86.1810 General standards; increase in emissio ns; unsafe conditions; waivers

* * * *

3. §86.1810-09. February 26, 2007 As proposed at 74 Fed.Reg. 49454, 49755 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . [No change, except that the amendments to §86.18 10-01 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 tha t for model years 2012 through 2016, a manufacturer may demonstrate compliance wit h the requirements of sections E.2.5 and E.3.2 by demonstrating compliance with §86.1818.12 as proposed at 74 Fed.Reg. 49454, 49755 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010)

.

* * * *

2. Emission Standards Phase-In Requirements for Man ufacturers

* * * *

2.5 Fleet Average Greenhouse Gas Requirements for P assenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles.

2.5.1(i) The fleet average greenhouse gas exhaust mass emiss ion 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:As Amended: March 29, 2010

Hearing Date: February 25, 2010 6 FLEET AVERAGE GREENHOUSE GAS EXHAUST MASS EMISSION REQUIREMENTS FOR PASSENGER CAR, LIGHT-DUTY TRUCK, AND MEDIUM-DUTY

PASSENGER VEHICLE WEIGHT CLASSES 1
(4,000 mile Durability Vehicle Basis) Fleet Average Greenhouse Gas Emissions (grams per mile CO 2 -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 wit h these values in accordance with Section E.2.5.2.

2.5.1.1 For each model year, a manufacturer must de monstrate compliance with the fleet average requirements in t his 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 t o 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 t o the California exhaust emission standards in section 1961.1, title 13, CCR , and are produced and delivered for sale in California, the District of C olumbia, and all states that have adopted California’s greenhouse gas emission standa rds for that model year pursuant to Section 177 of the federal Clean Air Ac t (42 U.S.C. § 7507). 2.5.1.1.1 For the 2009 and 2010 model years, a manu facturer that selects compliance Option 2 must notify the Executi ve 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 man ufacturer that selects compliance Option 2 must notify the Executive Offic er of that selection in writing prior to the start of the applicable model year or must comply with Option 1.As Amended: March 29, 2010

Hearing Date: February 25, 2010 7

2.5.1.1.3 When a manufacturer is demonstrating comp liance using Option 2 for a given model year, the term “in Calif ornia” 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 s tandards for that model year pursuant to Section 177 of the federal Clean Air Ac t (42 U.S.C. § 7507). 2.5.1.1.4 A manufacturer that selects compliance Op tion 2 must provide to the Executive Officer separate values fo r 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 b y demonstrating compliance with the National greenhouse gas program as follows:

2.5.1.1 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 ). 2.5.1.2 The manufacturer must submit to ARB a copy of the Model Year CAFE report that it submitted to EPA as required under 4 0 CFR §86-1865-12 as proposed at 74 Fed.Reg. 49454, 49760 (September 28, 2009) and adop ted 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 determi nation of compliance. These must be submitted within 30 days of receipt of the EPA d etermination of compliance, for each model year that a manufacturer selects compliance w ith this option E.2.5.1(ii). and 2.5.1.3 If a manufacturer has outstanding greenhous e 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 out standing greenhouse gas debits by using greenhouse gas credits earned under the National gr eenhouse gas program before applying those credits to offset any National green house gas program debits. Upon approval of the plan by the Executive Officer, the manufacturer may demonstrate compliance with this section E.2.5 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 peri od are subject to penalties as provided in section E.3.2.

2.5.2 Calculation of Fleet Average Greenhouse Gas V alue.

2.5.2.1 Basic Calculation.

2.5.2.1.1 OPTION A: Each manufacturer shall calculate both a “city” gr ams per mile average CO 2 -equivalent value for each GHG vehicle test group a nd a “highway” grams per mile average CO 2 -equivalent value for each GHG vehicle test group, including

AB 965 vehicles and vehicles certified in accordanc e with Section E.1.12 of these testAs Amended: March 29, 2010

Hearing Date: February 25, 2010 8 procedures, using the following formula. OPTION B: For a manufacturer that elects to demonstrate compliance with the greenhouse gas requ irements using CAFE data, “GHG vehicle test group” shall mean “subconfiguration” i n this subsection E.2.5.2.1.1. Greenhouse Gas emissions used for the “city” CO 2 -equivalent value calculation shall be measured using the “FTP” test cycle (40 CFR, Part 8 6, Subpart B), as modified in Part II of these test procedures. Greenhouse Gas emissions used for the “highway” CO 2 - equivalent value calculation shall be based on emis sions measured using the Highway

Test Procedures.

CO 2 -Equivalent Value = CO 2 + 296 x N 2 O + 23 x CH 4 - A/C Direct Emissions Allowance - A/C

Indirect Emissions Allowance

A manufacturer may use N 2 O = 0.006 grams per mile in lieu of measuring N 2 O exhaust

emissions. A manufacturer that elects to use CAFE data to demonstrate compliance with the greenhouse gas requirements may substitute the term 1.9 CO 2 -equivalent grams per

mile for the terms “ 296 x N 2 O + 23 x CH 4 ” in this equation.

* * * *

2.5.2.1.2 A/C Direct Emissions Allowance. A manufacturer may use the following A/C Direct Emission Allowances, upon appr oval of the Executive Officer, if that manufacturer demonstrates that the following r equirements are met. Such demonstration shall include specifications of the c omponents used and an engineering

evaluation that verifies the estimated lifetime emi ssions from the components and the system. A manufacturer shall also provide confirma tion 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 t he following requirements are not

met.

* * * *

(d) 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 Con figuration by calculating

the A/C Direct Emissions Allowance for each air con ditioning system used in that Vehicle Configuration and calculating a sales-weigh ted average for that Vehicle Configuration.As Amended: March 29, 2010

Hearing Date: February 25, 2010 9

2.5.2.1.3 A/C Indirect Emissions Allowance. A manufacturer may use the following A/C Indirect Emissions Allowances, upon a pproval of the Executive Officer, if the manufacturer demonstrates using data or an engi neering evaluation that the air conditioning system meets the following requirement s. A manufacturer may use the following A/C Indirect Emissions Allowances for oth er technologies, upon approval of the Executive Officer, if that manufacturer demonst rates that the air conditioning system achieves equal CO 2 -equivalent grams per mile emissions reductions.

* * * *

(d) 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 C onfiguration by calculating

the A/C Indirect Emissions Allowance for each air c onditioning system used in that Vehicle Configuration and calculating a sales- weighted average for that Vehicle Configuration.

* * * *

F. Requirements and Procedures for Durability Demon stration

* * * *

4.2 §86.1823-08 January 17, 2006 As proposed at 74 Fed.Reg. 49454, 49757 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . [No change, except that the amendments to §86.18 23-01 set forth in F.4.1 shall apply , and subparagraph (m) applies only to vehicles cer tifying to the National greenhouse

gas program .]

* * * *

G. Procedures for Demonstration of Compliance with Emission Standards

1. §86.1827 Test Group Determination.

1.1 §86.1827-01. October 6, 2000 Februa ry 26, 2007 As proposed at 74 Fed.Reg. 49454, 49758 (September 28, 2009) and adopted by EP A on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . [No change, except that subparagraphs (a)(5) and (f) shall only apply to vehicles certifying to the National greenhouse gas program .]

2. §86.1828 Emission data vehicle selection

* * * *As Amended: March 29, 2010

Hearing Date: February 25, 2010 10

2. 3 4 .2 Greenhouse Gas Emission Test Vehicle Selection. Within each test group, the vehicle configuration shall be selected from th e greenhouse gas vehicle test group that is expected to be “worst-case” for greenhouse gas e missions, as calculated in Section E.2.5.2.1, subject to approval by the Executive Off icer. A manufacturer may select additional vehicle configurations from greenhouse g as vehicle test groups with lower greenhouse gas emissions values than the “worst-case” configurati on.

* * * *

3. §86.1829 Durability data and emission data testi ng requirements; waivers.

3.1 §86.1829-01. December 8, 2005 February 26, 2007 As proposed at 74 Fed.Reg. 49454, 49758 (September 28, 2009) and adopted by EP A on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . 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 shal l be supplied showing that the air/fuel metering system or secondary air injection system i s capable of providing sufficient oxygen to theoretically allow enough oxidation to a ttain the CO emission standards at barometric pressures equivalent to those expected a t 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 up on a showing by the manufacturer that the fuel injection system distributes fuel bas ed on mass air flow, rather than volume flow, and is therefore self-compensating. All subm itted test proposals will be evaluated on their acceptability by the Executive Officer. A s an alternative to the demonstration described above, a manufacturer may demonstrate com pliance by testing California vehicle configurations as part of its federal high altitude certification requirements. Engine families that meet all the applicable Califo rnia 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 refere nces to Tier 2 or interim nonTier 2 vehicles shall mean California LEVs, ULEVs o r SULEVs.] 3.1.3 Amend (b)(1)(iii)(G) as follows: For the 201 2 model year only, in lieu of testing a vehicle for N 2 O emissions, a manufacturer may provide a statement in its application for certification that such vehicles comply with the ap plicable 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.

3.1.4 3 Amend (b)(4)(i) as follows: All 2001 and subseque nt 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 deter mined in §86.1827-01 and demonstrate compliance with the California Inspection and Maint enance (“I/M”) emission standardsAs Amended: March 29, 2010

Hearing Date: February 25, 2010 11 as specified in the “Mandatory Exhaust Emissions In spection Standards and Test Procedures,” title 16, California Code of Regulatio ns, Section 3340.42. A manufacturer shall have the option of using the I/M test procedu res in place at the time of certification or, if the I/M test procedures have been amended wi thin two years of the time of certification, a manufacturer may use the preceding procedures. Test vehicles shall undergo preconditioning procedures prior to the tai l-pipe test, which consist of idle conditions for a minimum period of ten minutes afte r the thermostat is open. Preconditioning and test procedures shall be conduc ted at an ambient temperature from

68 o to 86 o F. The manufacturer shall, in accordance with goo d engineering practices, attest that such test vehicles will meet the requir ements of this section when preconditioned and tested at ambient temperatures f rom 35 o to 68 o F.

3.1.5 4 Amend (b)(4)(ii) as follows: In lieu of testing v ehicles 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.

3.1.6 5 Delete (b)(5). Idle CO Testing.

* * * *

3.4 Greenhouse Gas Testing Requirements. A manufacturer shall demonstrate compliance with th e greenhouse gas requirements each year by testing one vehicle per each test group tha t represents the vehicle configuration that is expected to be “worst-case” for greenhouse gas emis sions, as calculated in Section E.2.5.2.1, subject to approval by the Executive Officer. A ma nufacturer may test additional vehicles within the test group that represent vehicle configuration with lower greenhouse gas emissions values than the “worst-case” configuration. All vehicles shall be tested using both the FTP and Highway Test Procedures as modified in Part II of t hese test procedures. A manufacturer may use emissions data from tests it conducts as part o f the Corporate Average Fuel Economy Program (CAFE), in accordance with 40 CFR Part 600 – Fuel Economy of Motor Vehicles, to demonstrate compliance with the greenhouse gas requirements, once those data have been judged acceptable by the U.S. Environmental Protection Age ncy. A manufacturer that elects to use CAFE Program emissions data to demonstrate complian ce with the greenhouse gas requirements must use all of the data that is used by the U.S. E nvironmental Protection Agency to determine a manufacturer’s corporate average fuel economy for t he applicable model year, and may forego testing of the “worst-case” configuration.

* * * *As Amended: March 29, 2010

Hearing Date: February 25, 2010 12 H. Certification, Information and Reporting Require ments.

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

* * * *

1.2 For 2012 through 2016 model year vehicles certi fying to the National greenhouse gas program, §86.1841-01, as proposed at 74 Fed.Reg . 49454, 49758 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [inser t page] (April [insert date], 2010), shall apply. Changes specified under section H.1.1 shall also apply for this section H.1.2.

1.3 2 Scope of Certification . Certification, if granted, is effective only for the vehicle/test group described in the original manufa cturer's certification application. Modifications by a secondary manufacturer to vehicl es/engines shall be deemed not to increase

emissions above the standards under which those veh icles/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 e mission control system. No originally certified vehicle/engine which is modified by a secondary man ufacturer in a manner described in items (1) through (3) of the preceding sentence may be sold t o 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 app licable test procedures to meet emission standards for the model year for which the vehicle/ engine was originally certified. For the purposes of this subsection, “secondary manufacture r” means any person, other than the original manufacturer, who modifies a new motor vehicle prio r to sale to the ultimate purchaser.

1.4 3 SFTP. For vehicles certified to the SFTP standards in Sec tion E.1.2.2, full and intermediate useful life shall mean 4,000 miles.

1.5 4 Certification of a Federal Vehicle in California. Whenever a manufacturer federally-certifies a 2004 or subsequent model-yearpassenger car, light-duty truck or mediumduty vehicle model to the standards for a particula r emissions bin that are more stringent than the standards for an applicable California vehicle emis sions category, the equivalent California model may only be certified to (i) the California s tandards 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 mod el is certified. However, where the federal exhaust emission standards for the particular emiss ions bin and the California standards for a vehicle emissions category are equally stringent, t he California model may only be certified to

either the California standards for that vehicle em issions category or more stringent California

standards. The federal emission bins are those con tained 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);As Amended: March 29, 2010

Hearing Date: February 25, 2010 13

(c) Displacement; (d) Combustion cycle; (e) Transmission class; (f) Aspiration method (e.g., naturally aspirated, t urbocharged); 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 base d on a comparison of the sum of the 100,000, 120,000, or 150,000 mile standards for NMOG and NOx

.

1.5 4 .1 If a federally-certified vehicle model is certif ied in California in accordance with subparagraph 1.4, the model shall b e subject to the federal requirements for exhaust emissions, SFTP emissions, cold CO emis sions and highway NOx. The vehicle model shall be subject to all other Califor nia requirements including evaporative emissions, OBD II, greenhouse gas emissions, and em issions 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.

1.5 4 .2 Prior to certification of a 2004 or subsequent m odel-year vehicle, a

manufacturer must submit information sufficient to enable the Executive Officer to determine whether there is a federally-certified ve hicle model for that model year that is equivalent to the California vehicle model based on the criteria listed in subparagraph 1.4.

1.5 4 .3 If the Executive Officer determines that there i s a federally-certified vehicle model for that model year that is equivalen t to the California vehicle model, the following information shall be submitted with the P art I or Part II Application for

Certification as set forth below:

(a) Part I Application for Certification: (i) Evid ence of federal certification including, but not limited to, federa l certification exhaust emission levels and compliance with federal SFTP, cold CO an d highway NOx emission levels; and (ii) evidence of compliance with Califo rnia evaporative emission requirements, California OBD II requirements, and C alifornia greenhouse gas requirements or, where permitted under Section 1.4. 1 for a 2004 or earlier modelyear vehicle, evidence of federal certification eva porative emission levels and compliance with federal OBD II requirements. (b) Part II Application for Certification: evidenc e 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.

1.5 4 .4 For purposes of meeting the California NMOG flee t 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 (100,0 00, 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 w hich emission category (e.g., LEV, ULEV or SULEV) is to be used for the fl eet average value or vehicleAs Amended: March 29, 2010

Hearing Date: February 25, 2010 14

equivalent credit calculation. (b) For passenger cars and light-duty trucks, once the equivalent California emission category is determined (e.g., w hether 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 se ction 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 combine d LEV full useful life NMOG plus NOx value is 0.125 and is the next less s tringent emission category. The applicable emission standard to be used in the fleet average calculation would therefore be 0.040 grams per mile.

1.5 4 .5 The vehicle shall be subject to the federal in-u se 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 require ments 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 i n the case of a federallycertified vehicle model that is only marketed to fl eet operators for applications that are subject to clean fuel fleet requirements establishe d pursuant to section 246 of the federal Clean Air Act (42 U.S.C. sec. 7586). In addition, the Executive Officer shall exclude 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 ope rators for such applications, and that

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

operators.

1.5 4 .8 A manufacturer may certify a passenger car, ligh t-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 wit h 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 und er 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, CO 2 , CH 4 , and N 2 O emission data, the data and/or justifications use d to determine theAs Amended: March 29, 2010

Hearing Date: February 25, 2010 15

“worst case” greenhouse gas test vehicle configurat ion, as required by G.2.3 4 .2, for each greenhouse gas vehicle test group. A manu facturer that demonstrates compliance under section E.2.5.2.1.1, Option B, mus t submit a comprehensive list

of all emission test results used to calculate its Corporate Average Fuel Economy, including the test vehicle description and identifi cation number, for each subconfiguration and the number of vehicles produce d 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 s ubmit any emission test results from vehicles tested, or calculated results , as part of the Corporate Average Fuel Economy Program, unless those results have bee n judged acceptable by the U.S. Environmental Protection Agency, in accordance with §600.007-08. A manufacturer that submits data from the Corporate A verage Fuel Economy Program must clearly indicate whether the data is d erived from vehicle testing or

whether it is calculated. A manufacturer that elec ts to use CAFE Program emissions data to demonstrate compliance with the g reenhouse gas requirements must use all of the data that is used by the U.S. E nvironmental Protection Agency to determine a manufacturer’s corporate average fue l economy for the applicable model year, and may forego testing of the “worst-ca se” configuration;

* * * *

(b) For the 2012 through 2016 model years, a manufa cturer that elects to demonstrate compliance with the requirements of sec tions E.2.5 and E.3.2 by demonstrating compliance with the National greenhou se gas program must submit all

data to the Executive Officer in accordance with th e reporting requirements as required under section E.2.5.1(ii) and 40 CFR §86.1865-12, a s proposed at 74 Fed.Reg. 49454, 49760 (September 28, 2009) and adopted by EPA on Ap ril 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010).

(b c ) All data submitted in accordance with this sectio n H.4.5, must be submitted electronically and organized in a format specified by the Executive Officer to clearly demonstrate compliance with the fleet avera ge greenhouse gas exhaust emission requirements in section E.2.5 or 40 CFR §86.1865-12 (as proposed at 74 Fed.Reg. 4 9454, 49760 (September 28, 2009) and adopted by EPA on Ap ril 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010)), as applicable

.

I. In-Use Compliance Requirements and Procedures

1. §86.1845 Manufacturer in-use verification testin g requirements.

* * * *

1.2 §86.1845-04. December 8, 2005 December 28, 2006 As proposed at 74 Fed.Reg.As Amended: March 29, 2010

Hearing Date: February 25, 2010 16 49454, 49758 (September 28, 2009) and adopted by EP A on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . Amend as follows:

* * * *

1.5 Greenhouse Gas Requirements. The manufacturer in-use verification testing requir ements shall not apply to the greenhouse gas emission requirements set forth in S ection E.2.5 of these test procedures.

2. §86.1846 Manufacturer in-use confirmatory testin g requirements. 2.1 §86.1846-01 July 12, 2001 December 28, 2006 As proposed at 74 Fed.Reg. 49454, 49759 (September 28, 2009) and adopted by EPA on Ap ril 1, 2010, 75 Fed.Reg. [insert page], (April [insert date], 2010) . [No Change.]

* * * *

2.4 Greenhouse Gas Requirements. The manufacturer in-use compliance testing requirem ents shall not apply to the greenhouse gas emission requirements set forth in S ection E.2.5 of these test procedures.

* * * *

J. Procedural Requirements

1. §86.1848-01 Certification. October 6, 2000. [N o change.] 2. §86.1848-10 Certification. February 26, 2007. [No change.] 3. §86.1848-10 Certification. As proposed at 74 Fe d.Reg. 49454, 49759 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 F ed.Reg. [insert page] (April [insert date], 2010). [No change, except that this version of §86.1848-10 shall only apply to vehicles certifying under the Nationa l greenhouse gas program for the 2012 through 2016 model years .]

4 3 . §86.1849-01 Right of entry. [No change.]

5 4 . §86.1850-01 Denial, Suspension or Revocation of C ertificate of Conformity. [No change.]

6 5 . §86.1851 Application of good engineering judgment to manufacturers' decisions. [No change.]

7 6 . §86.1852 Waivers for good in-use emission perform ance. [No change.]

8 7 . §86.1853 Certification hearings. [No change.] 9. §86.1854-12 Prohibited acts. As proposed at 74 Fed.Reg. 49454, 49759 (September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010). [No change.]As Amended: March 29, 2010

Hearing Date: February 25, 2010 17 10 8 . §§86.1855 4 - 86.1859. [Reserved]

11 9 . §86.1860-04 How to comply with the Tier 2 and int erim Tier 2 fleet average NOx standards. [n/a]

12 0. §86.1861-04 How do the Tier 2 and interim Tier 2 N Ox averaging, banking and trading programs work? [n/a]

13 1 . §86.1862-04 Maintenance of records and submittal of information relevant to compliance with fleet average NOx standards. [n/a ]

14 2 . §86.1863-07 Optional Chassis Certification for Di esel Vehicles. January 18,

2001 June 17, 2003 . [No change] 15. §86.1865-12 How to comply with the fleet averag e CO 2 standards. As proposed at 74 Fed.Reg. 49454, 49760 (September 28, 2009) an d adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert d ate], 2010)

. [No change, except that this section shall only apply to vehicles cert ifying under the National greenhouse gas program for the 2012 through 2016 mo del years .] 16. §86.1866-12 CO 2 fleet average credit programs. As proposed at 74 Fed.Reg. 49454, 49763 (September 28, 2009) and adopted by EP A on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . [No change, except that this section shall only apply to vehicles certifying und er the National greenhouse gas program for the 2012 through 2016 model years .] 17. §86.1867-12 Optional early CO 2 credit programs. As proposed at 74 Fed.Reg. 49454, 49766 (September 28, 2009) and adopted by EP A on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . [No change, except that this section shall only apply to vehicles certifying und er the National greenhouse gas program for the 2012 through 2016 model years .]As Amended: March 29, 2010

Hearing Date: February 25, 2010 18 PART II: CALIFORNIA EXHAUST AND PARTICULATE EMISSIO N TEST

PROCEDURES FOR PASSENGER CARS, LIGHT-DUTY TRUCKS AN D

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 Ca lifornia 50 o F test procedure; the development of reactivity adjustment factors; and the supplemen tal 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 As proposed at 74 Fed.Reg. 49454, 49748 (September 28, 2009) and adop ted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [in sert date], 2010)

.

* * * *

100.5 Test Procedures and Data Requirements.

86.127-00 Test procedures; overview. May 4, 1999 As proposed at 74 Fed.Reg. 49454,

49748 (September 28, 2009) and adopted by EPA on Ap ril 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010)

.

* * * *

100.5.3 California Vehicle Preconditioning Require ments.

* * * *

86.135-00 Dynamometer procedure. As proposed at 74 Fed.Reg. 49454, 49749 (September

28, 2009) and adopted by EPA on April 1, 2010, 75 F ed.Reg. [insert page] (April [insert date], 2010). [No change.]

* * * *As Amended: March 29, 2010

Hearing Date: February 25, 2010 19 100.5.4 Calculations; exhaust emissions.

* * * *

86.165-12 Air Conditioning idle test procedure. As proposed at 74 Fed.Reg. 49454, 49749

(September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . [No change, except that this section shall only apply to vehicles certifying under the National gre enhouse gas program for the 2012 through 2016 model years .] 86.166-12 Method for calculating emissions due to a ir conditioning leakage. As proposed at

74 Fed.Reg. 49454, 49750 (September 28, 2009) and a dopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date ], 2010) . [No change, except that this section shall only apply to vehicles cert ifying under the National greenhouse gas program for the 2012 through 2016 mo del years .]

86.167-12 N 2 O measurement devices. As proposed at 74 Fed.Reg. 49454, 49751

(September 28, 2009) and adopted by EPA on April 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . [No change, except that this section shall only apply to vehicles certifying under the National gre enhouse gas program for the 2012 through 2016 model years .]

86.168-12 Interference verification for N 2 O analyzers. As proposed at 74 Fed.Reg. 49454,

49752 (September 28, 2009) and adopted by EPA on Ap ril 1, 2010, 75 Fed.Reg. [insert page] (April [insert date], 2010) . [No change, except that this section shall only apply to vehicles certifying under the Nationa l greenhouse gas program for the 2012 through 2016 model years .]

* * * *