State California Regulations TITLE 13. MOTOR VEHICLES DIVISION 3. AIR RESOURCES BOARD database is current through 09/29/06, Register 2006, No. 39 s 1900. Definitions. (a) The definitions of this section supplement and are governed by the definitions set forth in chapter 2 (commencing with section 39010), part 1, division 26 of the Health and Safety Code. The definitions set forth in the applicable model-year new vehicle certification and assembly-line test procedures adopted in this chapter are hereby incorporated by reference. (b) In addition to the definitions incorporated under subdivision (a), the following definitions shall govern the provisions of this chapter; (1) "Add-on part" means any aftermarket part which is not a modified part or a replacement part. (2) "Consolidated part" means a part which is designed to replace a group of original equipment parts and which is functionally identical of those original equipment parts in all respects which in any way affect emissions (including durability). (3) "Emissions-related part" means any automotive part, which affects any regulated emissions from a motor vehicles which is subject to California or federal emissions standards. This includes, at a minimum, those parts specified in the "Emissions-Related Parts List," adopted by the State Board on November 4, 1977, as last amended May 19, 1981. (4) "Gaseous fuels" means any liquefied petroleum gas, liquefied natural gas, or compressed natural gas fuels for use in motor vehicles. (5) "Heavy-duty engine" means an engine which is used to propel a heavy-duty vehicle. (6) "Heavy-duty vehicle" means any motor vehicle having a manufacturer's gross vehicle weight rating greater than 6,000 pounds, except passenger cars. (7) "Identical device" means a crankcase emission control device identical in all respects, including design, materials, manufacture, installation and operation, with a device which has been certified by the Air Resources Board or the Motor Vehicle Pollution Control Board pursuant to the Health and Safety Code, but which is manufactured by a person other than original manufacturer of the device. (8) "Independent low volume manufacturer" means a manufacturer with California annual sales of less than 10,000 new passenger cars, light-duty trucks and medium-duty vehicles following aggregation of sales pursuant to this section 1900(b)(8). Annual sales shall be determined as the average number or sales sold for the three previous consecutive model years for which a manufacturer seeks certification; however, for a manufacturer certifying for the first time in California, annual sales shall be based on projected California sales for the model year. A manufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as California sales of the marketing manufacturer. The annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 10% or greater part owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms; or (3) vehicles produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by all firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity. (9) "Intermediate volume manufacturer" means any pre-2001 model year manufacturer with California sales between 3,001 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2001 through 2002 model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; and any 2003 and subsequent model year manufacturer with California sales between 4,501 and 60,000 new light- and medium-duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification. For a manufacturer certifying for the first time in California, model year sales shall be based on projected California sales. A manufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as California sales of the marketing manufacturer. For purposes of applying the 2005 and subsequent model year zero-emission vehicle requirements for intermediate-volume manufacturers under section 1962(b), the annual sales from different firms shall be aggregated in the case of (1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm. For purposes of applying the 2009 and subsequent model year Greenhouse Gas requirements for intermediate volume manufacturers under section 1961.1, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, each one of which either has a greater than 10% equity ownership in another or is more than 10% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 10% in each firm. (10) "Large volume manufacturer" means any 2000 and subsequent model year manufacturer that is not a small volume manufacturer, or an independent low volume manufacturer, or an intermediate volume manufacturer. (11) "Light-duty truck" means any 2000 and subsequent model motor vehicle certified to the standards in section 1961(a)(1) rated at 8,500 pounds gross vehicle weight or less, and any other motor vehicle, rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use. (12) "Medium-duty passenger vehicle" means any medium-duty vehicle with a gross vehicle weight rating of less than 10,000 pounds that is designed primarily for the transportation of persons. The medium-duty passenger vehicle definition does not include any vehicle which: (1) is an "incomplete truck" i.e., is a truck that does not have the primary load carrying device or container attached; or (2) has a seating capacity of more than 12 persons; or (3) is designed for more than 9 persons in seating rearward of the driver's seat; or (4) is equipped with an open cargo area of 72.0 inches in interior length or more. A covered box not readily accessible from the passenger compartment will be considered an open cargo area, for purposes of this definition. (13) "Medium-duty vehicle" means any pre-1995 model year heavy-duty vehicle having a manufacturer's gross vehicle weight rating of 8,500 pounds or less; any 1992 through 2006 model-year heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in section 1960.1(h)(2) having a manufacturer's gross vehicle weight rating of 14,000 pounds or less; any 1995 through 2003 model year heavy-duty vehicle certified to the standards in section 1960.1(h)(1) having a manufacturer's gross vehicle weight rating of 14,000 pounds or less; and any 2000 and subsequent model heavy-duty low-emission, ultra-low-emission, super-ultra-low-emission or zero-emission vehicle certified to the standards in Section 1961(a)(1) or 1962 having a manufacturer's gross vehicle weight rating between 8,501 and 14,000 pounds. (14) "Modified part" means any aftermarket part intended to replace an original equipment emission-related part and which is not functionally identical to the original equipment part in all respects which in any way affect emissions, excluding a consolidated part. (15) "Motorcycle Engine" means an engine which is used to propel a new, street-use motorcycle. (16) [Reserved] (17) "Passenger car" means any motor vehicle designed primarily for transportation of persons and having a design capacity of twelve persons or less. (18) "Reactivity adjustment factor" means a fraction applied to the NMOG emissions from a vehicle powered by a fuel other than conventional gasoline for the purpose of determining a gasoline-equivalent NMOG level. The reactivity adjustment factor is defined as the ozone-forming potential of clean fuel vehicle exhaust divided by the ozone-forming potential of gasoline vehicle exhaust. (19) "Recall" means: (A) The issuing of notices directly to consumers that vehicles in their possession or control should be corrected, and/or (B) Efforts to actively locate and correct vehicles in the possession or control of consumers. (20) "Replacement part" means any aftermarket part intended to replace an original equipment emissions-related part and which is functionally identical to the original equipment part in all respects which in any way affect emissions (including durability), or a consolidated part. (21) "Subgroup" means a set of vehicles within an engine family distinguishable by characteristics contained in the manufacturer's application for certification. (22) "Small volume manufacturer" means, with respect to the 2001 and subsequent model-years, a manufacturer with California sales less than 4,500 new passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification as a small volume manufacturer; however, for manufacturers certifying for the first time in California model-year sales shall be based on projected California sales. A manufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as California sales of the marketing manufacturer. Except as provided in the next paragraph, beginning with the 2009 model year, the annual sales from different firms shall be aggregated in the following situations: (1) vehicles produced by two or more firms, one of which is 10% or greater part owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms; or (3) vehicles produced by two or more firms having a common corporate officer(s) who is (are) responsible for the overall direction of the companies; or (4) vehicles imported or distributed by all firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity. For purposes of compliance with the zero-emission vehicle requirements, heavy-duty vehicles and engines shall not be counted as part of a manufacturer's sales. For purposes of applying the 2005 and subsequent model year zero-emission vehicle requirements for small-volume manufacturers under section 1962(b), the annual sales from different firms shall be aggregated in the case of (1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or (2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43104, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39500, 40000, 43000, 43013, 43018.5, 43100, 43101, 43101.5, 43102, 43103, 43104, 43106 and 43204, Health and Safety Code; and Section 27156, Vehicle Code. s 1901. Classification. Motor vehicles and portable or mobile internal combustion engines for which emission control devices will be certified or accredited are divided into the following classifications: (a) (1) Under 50 cubic inches engine displacement. (2) 50 through 100 cubic inches engine displacement. (3) Over 100 through 140 cubic inches engine displacement. (b) Over 140 through 200 cubic inches engine displacement. (c) Over 200 through 250 cubic inches engine displacement. (d) Over 250 through 300 cubic inches engine displacement. (e) Over 300 through 375 cubic inches engine displacement. (f) Over 375 cubic inches engine displacement. (g) Motor vehicles which because of unusual engine design cannot be classified, for purposes of emissions control, by engine displacement. This classification supersedes any other classification system set forth in any previously adopted test procedure. Note: Authority cited: Sections 39600, 39601 and 43000, Health and Safety Code. Reference: Sections 43100, 43101 and 43600, Health and Safety Code. s 1902. Test Procedures. Test procedures referred to in this chapter may be obtained from the State Air Resources Board at 9528 Telstar Avenue, El Monte, California 91731. Note: Authority cited: Sections 39600, 39601 and 43000, Health and Safety Code. Reference: Sections 43011, 43101, 43104 and 43600, Health and Safety Code. s 1903. Plans Submitted. Any person seeking approval, accreditation, or certification by the State Board for any device to control emissions from motor vehicles shall submit plans thereof to the State Board. Such plans shall be accompanied by reliable test data indicating compliance with the appropriate emission standards and test procedures adopted by the State Board, and with criteria established by the State Board as set forth in this chapter. Plans may be submitted to the Air Resources Board at 9528 Telstar Avenue, El Monte, California 91731. Note: Authority cited: Sections 39600, 39601 and 43000, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43011, Health and Safety Code; and Section 27156, Vehicle Code. s 1904. Applicability to Vehicles Powered by Fuels Other Than Gasoline or Diesel. Pursuant to section 43006 of the Health and Safety Code, provisions of this Code which refer to "gasoline-powered" vehicles or motor vehicles, except section 1970, shall apply to motor vehicles which have been modified to use a fuel other than gasoline or diesel unless otherwise specified. Note: Authority cited: Sections 39600, 39601 and 43006, Health and Safety Code. Reference: Sections 43004, 43005 and 43600, Health and Safety Code. s 1905. Exclusion and Exemption of Military Tactical Vehicles and Equipment. (a) For purposes of this chapter, military tactical vehicle means a motor vehicle owned by the U.S. Department of Defense and/or the U.S. military services and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. (b) This chapter shall not apply to vehicles defined as military tactical vehicles or to engines used in military tactical vehicles. This includes all vehicles and engines: (1) Excluded from regulation under 40 CFR Part 85, subpart R, section 85.1703, and (2) Exempted from regulations under the federal national security exemption, 40 CFR, subpart R, sections 85.1702(a)(2), 85.1704(b), 85.1708, and 85.1710. It shall also not apply to those motor vehicles or motor vehicle engines covered by the definition of military tactical vehicle, including commercially available vehicles, for which a federal certificate of conformity has been issued under 40 CFR Part 86. (c) On January 1, 1997, the U.S. Department of Defense shall submit to the ARB a list of all vehicle types that are excluded and or exempted under the above provisions and which are located in the State of California. If any additional vehicle types are added to the list during the previous 12 months, the U.S. Department of Defense shall update the list and submit it to the ARB by January 1 of the following year. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43013 and 43018, Health and Safety Code. s 1950. Requirements. No motor vehicle pollution control device for new motor vehicles shall be approved unless such device meets the standards set forth in this article, and all other applicable criteria set forth in Chapter 2 of Part 5 of Division 26 of the Health and Safety Code, commencing with section 43100, and in this subchapter. NOTE: Section 209 of the federal Clean Air Act (42 U.S.C. 7543) provides: (a) No state or any political subdivision thereof shall adopt or attempt to enforce any standard relating to the control of emissions from new motor vehicles or new motor vehicle engines subject to this part. No State shall require certification, inspection, or any other approval relating to the control of emissions from any new motor vehicle or new motor vehicle engine as condition precedent to the initial retail sale, titling (if any), or registration of such motor vehicle, motor vehicle engine, or equipment. (b)(1) The Administrator shall, after notice and opportunity for public hearing, waive application of this section to any State which has adopted standards (other than crankcase emission standards) for the control of emissions from new motor vehicles or new motor vehicle engines prior to March 30, 1966, if the State determines that the State standards will be, in the aggregate, at least as protective of public health and welfare as applicable Federal standards. No such waiver shall be granted if the Administrator finds that (A) the determination of the State is arbitrary and capricious, (B) such State does not need such State standards to meet compelling and extraordinary conditions, or (C) such State standards and accompanying enforcement procedures are not consistent with section 202(a) of this part. (2) If each State standard is at least as stringent as the comparable applicable Federal standard, such State standard shall be deemed to be at least as protective of health and welfare as such Federal standards for purposes of paragraph (1). (3) In the case of any new motor vehicle or new motor vehicle engine to which State standards apply pursuant to a waiver granted under paragraph (1), compliance with such State standards shall be treated as compliance with applicable Federal standards for purposes of this title. (c) Whenever a regulation with respect to any motor vehicle part or motor vehicle engine part is in effect under section 207(a)(2), no State or political subdivision thereof shall adopt or attempt to enforce any standard or any requirement of certification, inspection, or approval which relates to motor vehicle emissions and is applicable to the same aspect of such part. The preceding sentence shall not apply in the case of a State with respect to which a waiver is in effect under subsection (b). (d) Nothing in this part shall preclude or deny to any State or political subdivision thereof the right otherwise to control, regulate, or restrict the use, operation, or movement of registered or licensed motor vehicles." Information regarding waivers of federal preemption for the new motor vehicle and new motor vehicle engine emission standards and accompanying enforcement procedures included in this article may be obtained from the Air Resources Board at 9528 Telstar Avenue, El Monte, California 91731. Note: Authority cited: Sections 39600, 39601 and 43100, Health and Safety Code. Reference: Sections 39002, 39003, 43000 and 43011, Health and Safety Code. s 1952. Exhaust Emission Standards and Test Procedures -1972 Heavy-Duty Gasoline-Powered Vehicles. The exhaust emissions from a new 1972 model-year gasoline-powered truck, truck tractor or bus, 6,001 pounds and over, manufacturer's maximum gross vehicle weight rating, subject to registration and sold and registered in this state, shall not exceed: (a) 180 parts per million hydrocarbons. (b) 1.0 percent carbon monoxide. The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1970 and Subsequent Model-Year Gasoline-Powered Motor Vehicles over 6,001 Pounds Gross Vehicle Weight," dated November 20, 1968. This regulation shall remain in effect until December 31, 1982, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1982, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43100, 43101 and 43104, Health and Safety Code. s 1955.1. Exhaust Emission Standards and Test Procedures -1975 Through 1978 Model-Year Passenger Cars. (a) The exhaust emissions from new 1975 through 1978 model-year gasoline-fueled passenger cars having an engine displacement of 50 cubic inches or greater, subject to registration and sold and registered in this state, shall not exceed: Exhaust Emission Standards (grams per mile) Carbon Oxides of Model Year Hydrocarbons Monoxide Nitrogen 1975 0.9 [FNa1] 9.0 2.0 1976 0.9 [FNa1] 9.0 2.0 1977 0.41 9.0 1.5 1978 0.41 9.0 1.5 [FNa1] Hydrocarbon emissions from limited-production passenger cars shall not exceed 1.5 grams per mile. (b) The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1975 through 1978 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the State Board, February 19, 1975, as last amended June 8, 1977. (c) This regulation shall remain in effect until December 31, 1983, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1983, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43100 and 43104, Health and Safety Code. s 1955.5. Exhaust Emission Standards and Test Procedures -1975 Through 1978 Model-Year Light-Duty Trucks. (a) The exhaust emissions from new 1975 through 1978 model-year light-duty trucks having an engine displacement of 50 cubic inches or greater, subject to registration and sold and registered in this state, shall not exceed: Exhaust Emission Standards (grams per mile) Carbon Oxides of Model Year Hydrocarbons Monoxide Nitrogen 1975 2.0 20 2.0 1976 0.9 17 2.0 1977 0.9 17 2.0 1978 0.9 17 2.0 (b) The standards shown in subdivision (a) for the 1975 model year shall apply to 1975 and 1976 model limited-production light-duty trucks. (c) The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1975 Through 1978 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the State Board, February 19, 1975, as last amended June 30, 1976. (d) This regulation shall remain in effect until December 31, 1983, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1983, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43100, 43101 and 43104, Health and Safety Code. s 1956. Exhaust Emission Standards and Test Procedures -1973 and Subsequent Heavy-Duty Gasoline-Powered Vehicles. (a) Exhaust emissions from new 1973 and 1974 model-year gasoline-powered engines for use in heavy-duty motor vehicles (6,001 pounds and over, manufacturer's maximum gross vehicle weight) shall not exceed: (1) Hydrocarbon plus oxides of nitrogen -16 grams per brake horsepower hour; (2) Carbon monoxide -40 grams per brake horsepower hour; The test procedures for determining compliance with these standards are set forth in "California Exhaust Emissions Standards, Test and Approval Procedures for 1973 and Subsequent Model-Year Engines in Gasoline-Powered Motor Vehicles Over 6,001 Pounds Gross Vehicle Weight," dated February 17, 1971, amended January 19, 1972. In accordance with this section, as originally enacted, new 1973 model-year heavy-duty vehicles must contain 1973 model-year engines. In subsequent years, model-year engine controls, not model-year vehicle. (b) Exhaust emissions from new 1975 and 1976 model-year gasoline-powered engines for use in heavy-duty motor vehicles (over 6,000 pounds, manufacturer's maximum gross weight) shall not exceed: (1) Hydrocarbons plus oxides of nitrogen -10 grams per brake horsepower hour, (2) Carbon monoxide -30 grams per brake horsepower hour. The test procedures for determining compliance with these standards are those set forth in "California Exhaust Emission Standards, Test and Approval Procedures for 1975 and Subsequent Model-Year Engines in Gasoline-Powered Motor Vehicles Over 6,000 Pounds Gross Vehicle Weight," dated February 19, 1975. (c) Exhaust emissions from new 1977 gasoline-powered engines for use in heavy-duty motor vehicles shall not exceed: (1) Hydrocarbons plus oxides of nitrogen -5 grams per horsepower hour, (2) Carbon monoxide -25 grams per brake horsepower hour; or (1) Hydrocarbons -1.0 grams per brake horsepower hour; (2) Carbon Monoxide -25 grams per brake horsepower hour; (3) Oxides of Nitrogen -7.5 grams per brake horsepower hour. These two sets of standards shall be alternatives. A manufacturer shall have the option for each engine family of showing compliance with either set. The test procedures for determining compliance with these standards are those set forth in "California Exhaust Emission Standards and Test Procedures for 1975 and Subsequent Model-Year Gasoline-Fueled Heavy-Duty Engines and Vehicles," dated February 19, 1975 as last amended March 31, 1976. (d) Exhaust emissions from new 1978 model-year gasoline-fueled heavy-duty engines and vehicles, except medium-duty vehicles, shall not exceed: (1) Hydrocarbon plus oxides of nitrogen -5 grams per brake horsepower hour; (2) Carbon monoxide -25 grams per brake horsepower hour; or (1) Hydrocarbons -1.0 gram per brake horsepower hour; (2) Carbon monoxide -25 grams per brake horsepower hour; (3) Oxides of Nitrogen -7.5 grams per brake horsepower hour. These two sets of standards shall be alternatives. A manufacturer shall have the option for each engine family of showing compliance with either set. The test procedures for determining compliance with these standards are those set forth in "California Exhaust Emission Standards and Test Procedures for 1975 to 1978 Model-Year Gasoline-Fueled Heavy-Duty Engines and Vehicles," dated February 19, 1975, as last amended October 5, 1976. A manufacturer may elect to certify heavy-duty vehicles less than 10,000 pounds maximum gross vehicle weight rating as medium-duty vehicles under Section 1959 of this chapter, in which event heavy-duty emission standards and test procedures shall not apply. (e) This regulation shall remain in effect until December 31, 1988, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1988, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101 and 43104, Health and Safety Code. s 1956.1. Exhaust Emission Standards and Test Procedures - 1985 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) 1985-1986 - 1.3 grams per brake horsepower-hour (g/bhp-hr) total hydrocarbons (or Organic Material Hydrocarbon Equivalent [OMHCE] for methanol-fueled buses), 15.5 g/bhp-hr carbon monoxide (CO), and 5.1 g/bhp-hr oxides of nitrogen (NOx). (2) 1987- (a manufacturer may certify to the 1988 emission standards one year early as an option) - 1.3 g/bhp-hr total hydrocarbons (or OMHCE for methanol-fueled buses), 15.5 g/bhp-hr CO, and 5.1 g/bhp-hr NOx. (3) 1988-1990 - 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled buses), 15.5 g/bhp-hr CO, 6.0 g/bhp-hr NOx, 0.60 g/bhp-hr particulate matter (PM), and for 1990 only, 1.2 g/bhp-hr optional non-methane hydrocarbons (NMHC). (4) 1991-1993 - 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled buses), 1.2 g/bhp-hr optional NMHC, 15.5 g/bhp-hr CO, 5.0 g/bhp-hr NOx, and 0.10 g/bhp-hr PM. Emissions from methanol-fueled, natural-gas-fueled and liquefied-petroleum-gas-fueled urban bus engines may be included in the averaging program for petroleum-fueled engines other than urban bus engines. (5) 1994-1995 - 1.3 g/bhp-hr HC (or OMHCE for methanol-fueled buses), 1.2 g/bhp-hr optional NMHC, 15.5 g/bhp-hr CO, 5.0 g/bhp-hr NOx (or optional 3.5 g/bhp-hr to 0.5 g/bhp-hr NOx), and 0.07 g/bhp-hr PM. Emissions from methanol-fueled, natural-gas-fueled and liquefied-petroleum-gas-fueled urban bus engines, may be included in the averaging program for petroleum-fueled engines other than urban bus engines. (6) 1996-2003 - 1.3 g/bhp-hr HC or OMHCE, 1.2 g/bhp-hr optional NMHC, 15.5 g/bhp-hr CO, 4.0 g/bhp-hr NOx, and 0.05 g/bhp-hr PM (0.07 PM g/bhp-hr in-use), except as provided in paragraph (7) below. (A) For 1996 and 1997 only, a manufacturer may apply to the Executive Officer for an exemption from the 4.0 g/bhp-hr NOx standard, not to exceed 10% of the average of the manufacturer's total urban bus sales in California for the three preceding model years, upon providing technical justification and sales data for each exemption applied for. (B) 1998 through 2003 model year engines may generate averaging, banking, and trading credits in accordance with the requirements for averaging, banking and trading programs set forth in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy Duty Diesel Engines and Vehicles" incorporated by reference in subdivision (c) of this section. (C) Manufacturers may choose to certify 1998 through 2002 model year bus engines produced before October 1, 2002, to an optional NOx emissions standard between 0.5 g/bhp-hr and 2.5 g/bhp-hr. A manufacturer may certify to any standard between the values of 2.5 g/bhp-hr and 0.5 g/bhp-hr, by 0.5 g/bhp-hr increments. Manufacturers may not use engines certified to this optional NOx standard for any averaging, banking, or trading program set forth in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy Duty Diesel Engines and Vehicles" incorporated by reference in subdivision (c) of this section. (7) October 1, 2002, PM standard - For diesel-fueled, dual-fuel, and bi-fuel bus engines except for heavy-duty pilot ignition engines, the PM standard shall be 0.01 g/bhp-hr (0.01 PM g/bhp-hr in-use) for 2002 and subsequent model year engines produced beginning October 1, 2002. Manufacturers may choose to meet this standard with an aftertreatment system that reduces PM to 0.01 g/bhp-hr. (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. Manufacturers certifying to this optional standard must also certify to a PM standard of 0.03, 0.02, or 0.01 g/bhp-hr. (9) October 2002-2003 optional standards for diesel-fueled, dual-fuel, and bi-fuel engines except for heavy-duty pilot ignition engines - Manufacturers may choose to certify 2002-2003 model year diesel-fueled, dual-fuel, and bi-fuel 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. Manufacturers certifying to this optional standard must also certify to a PM standard of 0.01 g/bhp-hr. (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 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) 2004-2006 - For diesel-fueled, or dual-fuel, and bi-fuel urban bus engines except for heavy-duty pilot ignition engines, the standards are 0.5 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. As an option, manufacturers may choose to meet the NOx and PM standards with a base engine that is certified to the standards in paragraph (10) above, equipped with an aftertreatment system that reduces NOx to 0.5 g/bhp-hr and PM to 0.01 g/bhp-hr standards. The NMHC, CO, and formaldehyde standards in this paragraph (11) shall still apply. Manufacturers shall be responsible for full certification, durability, testing, and warranty and other requirements for the base engine. For the aftertreatment system, manufacturers shall not be subject to the certification durability requirements, or in-use recall and enforcement provisions, but are subject to warranty provisions for functionality. (A) Engine manufacturers may sell diesel-fueled, dual-fuel, or bi-fuel engines to any transit fleet exempted by the Executive Officer under paragraphs (b)(8) and (c)(7) of section 2023.1, Title 13, CCR, from the requirements of paragraphs (b)(5) and (c)(4) of section 2023.1, certified to the standards in either paragraphs (9) or (10) above, provided that engines certified to the standards in paragraph (10) must be certified to a 0.01 g/bhp-hr PM standard. (B) Manufacturers may sell diesel-fueled hybrid-electric buses that are certified to a 1.8 g/bhp-hr NOx, 0.01 g/bhp-hr PM, 0.5 g/bhp-hr NMHC, and 15.5 g/bhp-hr CO standard to any transit agency that has received written authorization from the Executive Officer pursuant to paragraph (c)(9) of section 2023.1, title 13, CCR. The formaldehyde standard set forth in paragraph (11), above, shall not apply to the HEBs sold pursuant to this subparagraph. (b) 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 section 2020 may be certified to the standards in section 1956.1(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 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 1985 through 2003 Model Heavy-Duty Diesel Engines and Vehicles," adopted April 8, 1985, as last amended December 12, 2002, 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. s 1956.2. Fleet Rule for Transit Agencies. 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. s 1956.3. Zero-Emission Bus Requirements. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104 and 43806, Health and Safety Code. Reference: Sections 39002, 39003, 39017, 39018, 39500, 39701, 40000, 43000, 43000.5, 43009, 43013, 43018, 43102, 43801 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. s 1956.4. Reporting Requirements for all Urban Bus Transit Agencies. Note: Authority cited: Sections 39600, 39601, 39659, 39667, 39701, 43018 and 41511, Health and Safety Code. Reference: Sections 39667, 39700, 39701, 41510, 41511, 43000, 43000.5, 43013, 43018, 43801 and 43806, Health and Safety Code. s 1956.5. Exhaust Emission Standards and Test Procedures -1979 Model-Year Heavy-Duty Engines and Vehicles. (a) The exhaust emissions from new 1979 model-year heavy-duty engines, except engines used in medium-duty vehicles, shall not exceed: Exhaust Emission Standards [FNa1] (grams per brake horsepower hour) Hydrocarbons Carbon Oxides of Plus Oxides of Note Hydrocarbons Monoxide Nitrogen Nitrogen 1 1.0 25 7.5 --- 2 1.5 25 7.5 --- 3 --- 25 --- 5 [FNa1] The three sets of standards shall be alternatives. A manufacturer shall have the option of showing compliance with any one of the three sets. Notes: 1. Measured by procedures specified in Subpart H (gasoline-powered engines) or Subpart J (diesel-powered engines) of Part 86, Title 40, Code of Federal Regulations, as they existed on September 8, 1977. 2. Measured by procedures specified in Subpart D (gasoline and diesel-powered engines) of Part 86, Title 40, Code of Federal Regulations, as they existed on September 8, 1977. 3. Measured by the procedures specified in Subpart D, Subpart H, or Subpart J, as applicable, of Part 86, Title 40, Code of Federal Regulations, as they existed on September 8, 1977. (b) The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1979 and Subsequent Model-Year Heavy-Duty Engines and Vehicles," adopted October 5, 1976, as last amended March 1, 1978. (c) A manufacturer may elect to certify heavy-duty vehicles of less than 10,000 pounds maximum gross vehicle weight rating as medium-duty vehicles under Section 1959.5 of this chapter, in which event heavy-duty emission standards and test procedures shall not apply. (d) This regulation shall remain in effect until December 31, 1989, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1989, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101, and 43104, Health and Safety Code. s 1956.6. Exhaust Emission Standards and Test Procedures -1980 Model Heavy-Duty Engines and Vehicles. (a) The exhaust emissions from new 1980 model heavy-duty engines and vehicles, except engines used in medium-duty vehicles, shall not exceed: Exhaust Emission Standards (grams per brake horsepower hour) Hydrocarbons Carbon plus Oxides of Model Year Hydrocarbons Monoxide Nitrogen 1980 1.0 25 6.0 OR [FNa1] --- 25 5 [FNa1] The two sets of standards for each model year are alternatives. A manufacturer has the option for each engine family of showing compliance with either set. Separate deterioration factors shall be established, where applicable, for HC, CO, NOx, and/or the combined emissions of HC and NOx. (b) The test procedures for determining compliance with these standards are set forth in the "California Exhaust Emission Standards and Test Procedures for 1980 Model Heavy-Duty Engines and Vehicles," adopted May 24, 1978. (c) A manufacturer may elect to certify heavy-duty vehicles of less than 10,000 pounds maximum gross vehicle weight rating as medium-duty vehicles under Section 1960.0 of this chapter, in which event heavy-duty emission standards and test procedures shall not apply. (d) This regulation shall remain in effect until December 31, 1990, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1980, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101 and 43104, Health and Safety Code. s 1956.7. Exhaust Emission Standards and Test Procedures -1981 Through 1986 Model Heavy-Duty Gasoline-Powered Engines and Vehicles and 1981 Through 1984 Model Heavy-Duty Diesel-Powered Engines and Vehicles. (a) The exhaust emissions from new 1981 through 1986 model heavy-duty gasoline-powered engines and new 1981 through 1984 model heavy-duty diesel-powered engines, except engines used in medium-duty vehicles, shall not exceed: Primary Exhaust Emission Standards (grams per brake horsepower hour) Gasoline Hydrocarbons or Diesel Carbon Plus Oxides of Model Year Powered Hydrocarbons Monoxide Nitrogen 1981-1983 Both 1.0 25 6.0 OR [FNa1] Both --- 25 5 1984 Both 0.5 25 4.5 1985-1986 Gasoline 0.5 25 4.5 Only [FNa1] The two sets of standards for each model year are alternatives. A manufacturer has the option for each engine family of showing compliance with either set. Separate deterioration factors shall be established, where applicable, for HC, CO, NOx, and/or the combined emissions of HC and NOx. The following optional exhaust emission standards are applicable to engines tested pursuant to the optional federal test procedures and regulations for 1984 model heavy-duty engines. These standards replace the federal standards in Code of Federal Regulations Sections 86.084-10 and 86.084-11 for hydrocarbons, carbon monoxide and oxides of nitrogen, only. [FNaa1] Optional Exhaust Emission Standards (grams per brake horsepower hour) Carbon Oxides of Model Year Hydrocarbons Monoxide Nitrogen 1984 1.3 15.5 5.1 [FNaa1] The federal 3-mode optional standards for 1984 model- year diesel-powered engines do not apply. In addition, the engine crankcase emission control requirement in Subparagraph 86.084-11(b)(2)(c) shall not apply for the 1984 model year. (b) The test procedures for determining compliance with 1981 standards are set forth in the "California Exhaust Emission Standards and Test Procedures for 1981 Model Heavy-Duty Engines and Vehicles," adopted April 23, 1980. (c) The test procedures for determining compliance with standards applicable to 1982 through 1986 models are set forth in the "California Exhaust Emission Standards and Test Procedures for 1982 through 1986 Model Heavy-Duty Gasoline-Powered Engines and Vehicles and 1982 through 1984 Model Heavy-Duty Diesel-Powered Engines and Vehicles," adopted October 5, 1976, as last amended April 25, 1986. (d) A manufacturer may elect to certify heavy-duty vehicles of less than 10,000 pounds maximum gross vehicle weight rating as medium-duty vehicles under Section 1960.1 of this chapter, in which event heavy-duty emission standards and test procedures shall not apply. (e)(1) For 1982 through 1984, the executive officer may authorize use of engines certified to meet federal emission standards, or which are demonstrated to meet appropriate federal emission standards, in up to a total of 100 heavy-duty vehicles in any one calendar year when the executive officer has determined that no engine certified to meet California emission standards exists which is suitable for use in the vehicles. For 1985 and future years, the use of engines which are not heavy-duty engines certified for sale in California may be authorized pursuant to Section 1956.8. (2) In order to qualify for an exemption, the vehicle manufacturer shall submit, in writing, to the executive officer the justification for such exemption. The exemption request shall show that, due to circumstances beyond the control of the vehicle manufacturer, California certified engines are unavailable for use in the vehicle. The request shall further show that redesign or discontinuation of the vehicle will result in extreme cost penalties and disruption of business. In evaluating a request for an exemption, the executive officer shall consider all relevant factors, including the number of individual vehicles covered by the request and the anti-competitive effect, if any, of granting the request. If a request is denied, the executive officer shall state in writing the reasons for the denial. (3) In the event the executive officer determines that an applicant may meet the criteria for an exemption under this subsection, but that granting the exemption will, together with previous exemptions granted, result in over 100 vehicles being permitted under this subsection to use non-California engines in heavy-duty vehicles in any one calendar year through 1984, the exemption may be granted only by the state board, under the criteria set forth herein. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101 and 43104, Health and Safety Code. s 1956.8. Exhaust Emissions Standards and Test Procedures -1985 and Subsequent Model Heavy-Duty Engines and Vehicles. (a)(1) The exhaust emissions (i) from new 1985 through 2003 model heavy-duty diesel engines (except methanol-fueled engines), and heavy-duty natural-gas-fueled and liquefied-petroleum-gas-fueled engines derived from diesel-cycle engines, and (ii) from all new 1993 through 2003 model heavy-duty methanol-fueled, diesel engines, except in all cases engines used in medium-duty vehicles, shall not exceed: _______________________________________________________________________________ Exhaust Emission Standards For 1985-2003 Model Heavy-Duty Engines Other than Urban Bus Engines (grams per brake horsepower-hour [g/bhp-hr]) Total Optional Hydrocarbons Non-metha- Carbon Oxides of ne Model Year or OMHCE Hydrocarb- Monoxide Nitrogen Particulates [FNA] ons [FNA] 1985-1986 1.3 15.5 5.1 - 1987 [FNB] 1.3 15.5 5.1 - 1988-1989 1.3 15.5 6.0 0.60 1990 1.3 1.2 15.5 6.0 0.60 1991-1993 [FNC] 1.3 1.2 15.5 5.0 0.25 [FND] 1994-1997 1.3 1.2 15.5 5.0 0.10 [FND] 1995-1997 [FNE] 1.3 1.2 15.5 3.5 to 0.5 0.10 1998-2003 [FNF] 1.3 1.2 15.5 4.0 [FNG], 0.10 [FNG] [FNH] 1998-2003 [FNE] 1.3 1.2 15.5 2.5 to 0.5 0.10 [FNI] _______________________________________________________________________________ [FNA] The total or optional non-methane hydrocarbon standards apply to petroleum-fueled, natural-gas-fueled and liquefied-petroleum-gas-fueled engines. The Organic Material Hydrocarbon Equivalent, or OMHCE, standards apply to methanol-fueled engines. [FNB] As an option a manufacturer may elect to certify to the 1988 model-year emission standards one year early, for the 1987 model year. [FNC] For methanol-fueled engines, these standards shall be applicable beginning with the 1993 model year. [FND] Emissions averaging may be used to meet this standard. Averaging is restricted to within each useful life subclass and is applicable only through the 1995 model year. Emissions from engines used in urban buses shall not be included in the averaging program. [FNE] These are optional standards. A manufacturer may elect to certify to an optional NOx standard between the values, inclusive, by 0.5 grams per brake horsepower-hour increments. Engines certified to any of these optional NOx standards are not eligible for participation in any averaging, banking or trading programs described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" incorporated by reference in (b), below. [FNF] These are mandatory standards. [FNG] Engines of 1998 through 2003 model years may be eligible to generate banking credits based on these standards according to the requirements of the averaging, banking and trading programs described in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" incorporated by reference in (b), below. [FNH] May be used as the certification standard for the higher emitting fueling mode of an engine certified under the dual fueling mode certification process of (a)(3)(4), below. [FNI] May be used as the certification standard for the lower emitting fueling mode of an engine certified under the dual fueling mode certification process of (a)(3)(4), below. _______________________________________________________________________________ (2)(A) The exhaust emissions from new 2004 and subsequent model heavy-duty diesel engines, heavy-duty natural gas-fueled and liquefied-petroleum-gas-fueled engines derived from diesel-cycle engines, and heavy-duty methanol-fueled 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: _______________________________________________________________________________ _______________________________________________________________________________ (B)Phase-in Options. 1.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)(A), in lieu of the separate NOx and NMHC standards or FELs applicable to the 2007 and subsequent model years, specified in section 1956.8 (a)(2)(A). 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. 2. Early PM compliant engines. A manufacturer certifying engines to the 2007 and subsequent model year PM standard listed in section 1956.8(a)(2)(A) (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)(A) 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. (3) Formaldehyde exhaust emissions from new 1993 and subsequent model methanol-fueled diesel engines, shall not exceed: Model Year Formaldehyde (g/bhp-hr) 1993-1995.............. 0.10 1996 and subsequent.... 0.05 (4) An engine family whose design allows engine operation in either of two distinct alternative fueling modes, where each fueling mode is characterized by use of one fuel or a combination of two fuels and by significantly different emission levels under each mode, may certify to a different NOx or NOx plus NMHC (as applicable depending on model year) standard for each fueling mode, provided it meets the following requirements: (A) The NOx or NOx plus NMHC certification standard used for operation under the higher emitting fueling mode must be one of the standards denoted by footnote H in paragraph (a)(1) and footnote E in paragraph (a)(2). (B) The NOx or NOx plus NMHC certification standard used for operation under the lower emitting fueling mode must be one of the reduced-emission standards denoted by footnote I in paragraph (a)(1) and footnote F in paragraph (a)(2). (C) The engine family is not used to participate in any manufacturer's averaging, banking or trading program. (D) The engine family meets all other emission requirements contained in this section. (E) The higher emitting fueling mode must be intended only for fail-safe vehicle operation when a malfunction or inadvertent fuel depletion precludes operation in the lower emitting fueling mode, as evidenced by a significantly reduced horsepower versus engine speed curve when operating in the higher emitting fueling mode when compared to the similar curve for the lower emitting fueling mode. (5) No crankcase emissions shall be discharged directly into the ambient atmosphere from any new 2007 or later model year diesel heavy-duty diesel engine, with the following exception: heavy-duty diesel engines equipped with turbochargers, pumps, blowers, or superchargers for air induction may discharge crankcase emissions to the ambient atmosphere if the emissions are added to the exhaust emissions (either physically or mathematically) during all emission testing. Manufacturers using this exception must manufacture the engines so that all crankcase emissions can be routed into a dilution tunnel (or other sampling system approved in advance by the Executive Officer), and must account for deterioration in crankcase emissions when determining exhaust deterioration factors. For the purpose of section 1956.8(a)(2), crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be "discharged directly into the ambient atmosphere." (b) The test procedures for determining compliance with standards applicable to 1985 and subsequent model heavy-duty diesel 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 1985 through 2003 Model Heavy-Duty Diesel Engines and Vehicles," adopted April 8, 1985, as last amended December 12, 2002, 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. (c)(1)(A) The exhaust emissions from (i) new 1987 through 2004 model heavy-duty Otto-cycle engines (except methanol-fueled engines and except heavy-duty Otto-cycle natural-gas-fueled and liquified-petroleum-gas-fueled Otto-cycle engines derived from diesel-cycle engines) and (ii) from new 1993 through 2004 model heavy-duty methanol-fueled Otto-cycle engines (except in all cases engines used in medium-duty vehicles) shall not exceed: _______________________________________________________________________________ Exhaust Emission Standards for Heavy-Duty Otto-Cycle Engines (grams per brake horsepower-hour or g/bhp-hr) Total Optional Hydrocarbons Non-Methane Carbon Oxides of Model Year or OMHCE Monoxide [FNB] Nitrogen [FNA]#Hydrocarbons [FNA] 1987 [FNC] 1.1 [FND] 14.4 [FND] 10.6 1.9 [FNE] 37.1 [FNE] 10.6 1988-1989 1.1 [FND] 14.4 [FND] 6.0 1.9 [FNE] 37.1 [FNE] 6.0 1990 1.1 0.9 [FND] 14.4 [FND] 6.0 1.9 [FNE] 1.7 [FNE] 37.1 [FNE] 6.0 1991-1994 1.1 [FND] 0.9 [FND] 14.4 [FND] 5.0 1.9 [FNE] 1.7 [FNE] 37.1 [FNE] 5.0 1995-1997 1.9 [FNE] 1.7 [FNE] 37.1 [FNE] 5.0 1.9 [FNE] 1.7 [FNE] 37.1 [FNE] 2.5 to 5.0 [FNF] 1998-2003 1.9 [FNE] 1.7 [FNE] 37.1 [FNE] 4.0 [FNG] 1.9 [FNE] 1.7 [FNE] 37.1 [FNE] 1.5 to 0.5 [FNF] _______________________________________________________________________________ Non-Methane Hydrocarbons Carbon Monoxide plus Oxides of Nitrogen (NMHC + NOx) 2004 [FNG] 2.4 g/bph-hr; or 37.1 2.5 with 0.5 g/bhp-hr cap on NMHC _______________________________________________________________________________ [FNA] The total or optional non-methane hydrocarbon standards apply to petroleum-fueled, natural-gas-fueled and liquefied-petroleum-gas-fueled engines and methanol-fueled engines beginning in 2004. The Organic Material Hydrocarbon Equivalent, or OMHCE, standards apply to 1987 through 2003 methanol-fueled engines. [FNB] Prior to the 2002 model year,carbon monoxide emissions from engines utilizing exhaust after treatment technology shall also not exceed 0.5 percent of the exhaust gas flow at curb idle. [FNC] Manufacturers with existing heavy-duty Otto-cycle engines certified to the California 1986 steady-state emission standards and test procedures may as an option certify those engines, for the 1987 model year only, in accordance with the standards and test procedures for 1986 heavy-duty Otto-cycle engines established in Section 1956.7. [FND] These standards are applicable to Otto-cycle engines intended for use in all heavy-duty vehicles. [FNE] Applicable to heavy-duty Otto-cycle engines intended for use only in vehicles with a gross vehicle weight rating greater than 14,000 pounds. Also, as an option, a manufacturer may certify one or more 1988 through 1994 model Otto-cycle heavy-duty engine configurations intended for use in all heavy-duty vehicles to these emission standards, provided that the total model-year sales of such configuration(s) being certified to these emission standards represent no more than 5 percent of total model-year sales of all Otto-cycle heavy-duty engines intended for use in vehicles with a Gross Vehicle Weight Rating of up to 14,000 pounds by the manufacturer. [FNF] These are optional standards and apply to all heavy-duty engines intended for use only in vehicles with a gross vehicle weight rating greater than 14,000 pounds. A manufacturer may elect to certify to an optional standard between the values, inclusive, by 0.5 grams per brake horsepower-hour increments. [FNG] A manufacturer may request to certify to Option 1 or Option 2 federal NMHC + NOx standards as set forth in 40 CFR s 86.005-10(f), as adopted October 6, 2000. _______________________________________________________________________________ (B) The exhaust emissions from new 2005 and subsequent model heavy-duty Otto-cycle engines, except for Otto-cycle medium- and heavy-duty engines subject to the alternative standards in 40 CFR s86,005-10(f), shall not exceed: California Emission Standards for 2005 and Subsequent Model Heavy-Duty Otto- Cycle Engines [FNA] (in g/bhp-hr) Model Year Emission NMHC + NOx NMHC NOx CO [FNF] HCHO PM Category Standards for Heavy-Duty Otto-Cycle Engines Used In Incomplete Medium-Duty Vehicles 8,501 to 14,000 pounds GVW [FNB] _______________________________________________________________________________ 2005 through ULEV 1.0 [FNC,E] n/a n/a 14.4 0.05 n/a 2007 SULEV 0.5 n/a n/a 7.2 0.025 n/a _______________________________________________________________________________ 2008 and ULEV n/a 0.14 [FNE] 0.20 [FNE] 14.4 0.01 0.01 subsequent SULEV n/a 0.07 [FNE] 0.10 [FNE] 7.2 0.005 0.005 _______________________________________________________________________________ Standards for Heavy-Duty Otto-Cycle Engines Used In Heavy-Duty Vehicles Over 14,000 pounds GVW _______________________________________________________________________________ 2005 through n/a 1.0 [FNC,E] n/a n/a 37.1 0.05 [FND] n/a 2007 _______________________________________________________________________________ 2008 and n/a n/a 0.14 [FNE] 0.20 [FNE] 14.4 0.01 0.01 subsequent _______________________________________________________________________________ [FNA] These standards apply to petroleum-fueled, alcohol-fueled, liquefied petroleum gas-fueled and natural gas-fueled Otto-cycle engines. [FNB] A manufacturer of engines used in incomplete medium-duty vehicles may choose to comply with these standards as an alternative to the primary emission standards and test procedures for complete vehicles specified in section 1961, title 13, CCR. A manufacturer that chooses to comply with these optional heavy-duty engine standards and test procedures shall specify, in the Part I application for certification, an in-use compliance test procedure, as provided in section 2139(c), title 13 CCR. [FNC] A manufacturer may request to certify to the Option 1 or Option 2 federal NMHC + NOx standards as set forth in 40 CFR s 86.005-10(f). However, for engines used in medium-duty vehicles, the formaldehyde level must meet the standard specified above. [FND] This standard only applies to methanol-fueled Otto-cycle engines. [FNE] A manufacturer may elect to include any or all of its medium- and heavy-duty Otto-cycle engine families in any or all of the emissions ABT programs for HDEs, within the restrictions described in section I.15 of the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines," incorporated by reference in section 1956.8(d). For engine families certified to the Option 1 or 2 federal standards, the FEL must not exceed 1.5 g/bhp-hr. If a manufacturer elects to include engine families certified to the 2005 and subsequent model year standards, the NOx plus NMHC FEL must not exceed 1.0 g/bhp-hr. For engine families certified to the 2008 and subsequent model year standards, the FEL is the same as set forth in 40 CFR 86.008-10(a)(1). [FNF] Idle carbon monoxide: For all Otto-cycle heavy-duty engines utilizing aftertreatment technology, and not certified to the on-board diagnostics requirements of section 1968, et seq, as applicable, the CO emissions shall not exceed 0.50 percent of exhaust gas flow at curb idle. _______________________________________________________________________________ (2) Formaldehyde exhaust emissions from new 1993 and subsequent model methanol-fueled otto cycle engines shall not exceed: Model Year Formaldehyde (g/bhp-hr) 1993-1995.............. 0.10 1996 and Subsequent.... 0.05 (d) The test procedures for determining compliance with standards applicable to 1987 and subsequent model heavy-duty Otto-cycle engines and vehicles are set forth in the "California Exhaust Emission Standards and Test Procedures for 1987 through 2003 Model Heavy-Duty Otto-Cycle Engines and Vehicles," adopted April 25, 1986, as last amended December 27, 2000, the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines," adopted December 27, 2000, as last amended December 12, 2002, the "California Non-Methane Organic Gas Test Procedures," adopted July 12, 1991, as last amended July 30, 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. (e) A manufacturer may elect to certify complete heavy-duty vehicles of 14,000 pounds or less maximum gross vehicle weight rating as medium-duty vehicles under section 1960.1 or section 1961 of this chapter, in which event the heavy-duty emission standards and test procedures in this section shall not apply. (f)(1) In 1985 and future years, the executive officer may authorize use of engines certified to meet federal emission standards, or which are demonstrated to meet appropriate federal emission standards, in up to a total of 100 heavy-duty vehicles, including otto-cycle and diesel heavy-duty vehicles, in any one calendar year when the executive officer has determined that no engine certified to meet California emission standards exists which is suitable for use in the vehicles. (2) In order to qualify for an exemption, the vehicle manufacturer shall submit, in writing, to the executive officer the justification for such exemption. The exemption request shall show that, due to circumstances beyond the control of the vehicle manufacturer, California certified engines are unavailable for use in the vehicle. The request shall further show that redesign or discontinuation of the vehicle will result in extreme cost penalties and disruption of business. In evaluating a request for an exemption, the executive officer shall consider all relevant factors, including the number of individual vehicles covered by the request and the anti-competitive effect, if any, of granting the request. If a request is denied, the executive officer shall state in writing the reasons for the denial. (3) In the event the executive officer determines that an applicant may meet the criteria for an exemption under this subsection, but that granting the exemption will, together with previous exemptions granted, result in over 100 vehicles being permitted under this subsection to use non-California engines in heavy-duty vehicles in any one calendar year, the exemption may be granted only by the state board, under the criteria set forth herein. (g) The exhaust emissions from new 1995 through 2003 model-year engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles shall not exceed: Exhaust Emission Standards [FNA] (grams per brake horsepower-hour, or g/bhp- hr) Carbon Model Year Monoxide NMHC + NOx [FNB] Particulates [FNC] 1995 [FND] 14.4 3.9 0.10 ---------- [FNA]This set of standards is optional. Manufacturers of engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles from 8501-14,000 pounds, gross vehicle weight may choose to comply with these standards as a alternative to the primary emission standards and test procedures specified in section 1960.1, Title 13, California Code of Regulations. Manufacturers that choose to comply with these optional heavy-duty standards and test procedures shall specify, in the application for certification, an in-use compliance test procedure, as provided in section 2139(c), Title 13, California Code of Regulations. [FNB] This standard is the sum of the individual non-methane hydrocarbon emissions and oxides of nitrogen emissions. For methanol-fueled engines, non-methane hydrocarbons shall mean organic material hydrocarbon equivalent. [FNC] This standard shall only apply to diesel engines and vehicles. [FND] In the 1995 model-year only, manufacturers may certify up to 50 percent of their medium-duty engines or vehicles to the applicable 1994 model-year standards and test procedures. For the 1995 through 1997 models, alternative in-use compliance is available for medium-duty manufacturers. A manufacturer may use alternative in-use compliance for up to 100 percent of its fleet in the 1995 and 1996 model years and up to 50 percent of its fleet in the 1997 model year. The percentages shall be determined from the manufacturers' projected California sales of medium-duty vehicles. For engines certified to the standards and test procedures of this subsection, "alternative in-use compliance" shall consist of an allowance of 25 percent over the HC + NOx standard. In-use compliance testing shall be limited to vehicles or engines with less than 90,000 miles. (h) The exhaust emissions from new: (1) 1992 through 2004 model-year Otto-cycle engines used in incomplete medium-duty low-emission vehicles, ultra-low-emission vehicles, and super-ultra-low-emission vehicles; and (2) 1992 and subsequent model diesel engines used in medium-duty low-emission vehicles, ultra-low-emission vehicles, and super-ultra-low-emission vehicles shall not exceed: _______________________________________________________________________________ [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* Exhaust Emission Standards for Engines Used in Incomplete Otto-Cycle Low-Emission Vehicles, Ultra-Low-Emission Vehicles, and Super Ultra-Low-Emission Vehicles, and for Diesel 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+.. ******************************************************************************* ******* This is piece 2. -- It begins at character 78 of table line 1. ******** ******************************************************************************* Medium-Duty 78.....+...90....+.... ******************************************************************************* ******** This is piece 3. -- It begins at character 1 of table line 4. ******** ******************************************************************************* Model Year 1992 [FNE] -2001 2002-2003 [FNE] 1992-2003 [FNE,H] 2004 and subsequent [FNL] 2004 and subsequent [FNL] 2007 and subsequent [FND] 1992 and subsequent [FNL] 2007 and subsequent [FND] 1...+...10.... ******************************************************************************* ******* This is piece 4. -- It begins at character 15 of table line 4. ******** ******************************************************************************* Engines Used in Medium-Duty Low-Emission Vehicles, Ultra-Low-Emission Vehicles, and Super Ultra-Low-Emission Vehicles [FNA,F] (grams per brake horsepower-hour) Vehicle Emissions Carbon Non-Methane Oxides of Category Monoxide NMHC + Hydrocarbons Nitrogen Formaldehyde [FNB] NOx [FNC%] LEV 14.4 3.5 n/a n/a 0.050 [FNK] LEV 14.4 3.0 n/a n/a 0.050 [FNK] ULEV 14.4 2.5 n/a n/a 0.050 [FNK] ULEV - 14.4 2.5 [FN- n/a n/a 0.050 I,J,K] Opt A ULEV - 14.4 2.4 [FN- n/a n/a 0.050 I,J,K] Opt. Bn/a ULEV 15.5 n/a 0.14 0.2 0.050 SULEV 7.2 2.0 n/a n/a 0.025 [FNK] SULEV 7.7 n/a 0.07 0.1 0.025 15..20....+...30....+...40....+...50....+...60....+...70....+...80.... ******************************************************************************* ******* This is piece 5. -- It begins at character 85 of table line 4. ******** ******************************************************************************* Particulates [FND] 0.10 [FNK] 0.10 [FNK] 0.10 [FNK] 0.10 [FNJ,K] 0.10 [FNJ,K] 0.01 0.05 [FNK] 0.005 85..90....+.... _______________________________________________________________________________ [FNA] This set of standards is optional. Manufacturers of engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles from 8501-14,000 pounds gross vehicle weight rating may choose to comply with these standards as a alternative to the primary emission standards and test procedures specified in section 1960.1, or section 1961, Title 13, California Code of Regulations. Manufacturers that choose to comply with these optional heavy-duty standards and test procedures shall specify, in the application for certification, an in-use compliance test procedure, as provided in section 2139(c), Title 13, California Code of Regulations. [FNB] "LEV" means low-emission vehicle. "ULEV" means ultra-low-emission vehicle. "SULEV" means super ultra-low-emission vehicle. [FNC] This standard is the sum of the individual non-methane hydrocarbon emissions and oxides of nitrogen emissions. For methanol-fueled engines, non-methane hydrocarbons shall mean organic material hydrocarbon equivalent ( "OMHCE"). [FND] These standards apply only to diesel engines and vehicles . [FNE] Manufacturers may certify engines used in incomplete medium-duty vehicles or diesel engines used in medium-duty vehicles to these standards to meet the requirements of section 1956.8 (g), Title 13, California Code of Regulations. [FNF] In-use compliance testing shall be limited to vehicles or engines with fewer than 90,000 miles. [FNG] [Reserved] [FNH] For engines certified to the 3.5 grams per brake horsepower-hour (g/bhp-hr) LEV standards, the in-use compliance standard shall be 3.7 g/bhp-hr for the first two model years of introduction. For engines certified to the 2002 and 2003 model year LEV standards, the in-use compliance standard shall be 3.2 g/bhp-hr. For engines certified to the 1992 through 2003 model year ULEV standards, the in-use compliance standard shall be 2.7 g/bhp-hr for the first two model years of introduction. For engines certified to the 1992 and subsequent SULEV standards, the in-use compliance standard shall be 2.2 g/bhp-hr for the first two model years of introduction. [FNI] Manufacturers have the option of certifying to either option A or B. Manufacturers electing to certify to Option A must demonstrate that the NMHC emissions do not exceed 0.5 g/bhp-hr. [FNJ] Emissions averaging may be used to meet these standards for diesel engines, using the requirements for participation in averaging, banking and trading programs, as set forth in the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," incorporated by reference in section 1956.8(b), above. [FNK] Engines of 1998 and subsequent model years may be eligible to generate averaging, banking and trading credits based on these standards according to the requirements of the averaging, banking and trading programs described in the "California Exhaust Emission Standards and Test Procedures for 1985 through 2003 Model Heavy-Duty Diesel Engines and Vehicles" and the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles," incorporated by reference in section 1956.8(b), above. [FNL] For 2007 and subsequent model year diesel engines used in medium-duty vehicles, these emission standards are not applicable. _______________________________________________________________________________ (3) 2007 and later model year engines subject to (h)(2) have the following Phase-in Options. (A) 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(h)(2), in lieu of the separate NOx and NMHC standards or FELs applicable to the 2007 and subsequent model years, specified in section 1956.8(h)(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. (B) Early PM compliant engines. A manufacturer certifying engines to the 2007 and subsequent model year PM standard listed in section 1956.8 (h)(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(h)(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. (4) No crankcase emissions shall be discharged directly into the ambient atmosphere from any new 2007 or later model year diesel heavy-duty diesel engine, with the following exception: heavy-duty diesel engines equipped with turbochargers, pumps, blowers, or superchargers for air induction may discharge crankcase emissions to the ambient atmosphere if the emissions are added to the exhaust emissions (either physically or mathematically) during all emission testing. Manufacturers taking advantage of this exception must manufacture the engines so that all crankcase emission can be routed into a dilution tunnel (or other sampling system approved in advance by the Executive Officer), and must account for deterioration in crankcase emissions when determining exhaust deterioration factors. For the purpose of section 1956.8(h)(2), crankcase emissions that are routed to the exhaust upstream of exhaust aftertreatment during all operation are not considered to be "discharged directly into the ambient atmosphere." 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. s 1956.9. Optional Exhaust Emission Standards for Retrofitted Heavy-Duty Engines. 1973 and later model-year heavy-duty engines that have been retrofitted to produce emissions less than the original certification emission level may be certified to optional emission standards as follows: (a)(1) Total Hydrocarbons (X - n y 0.2) grams per brake horsepower-hour where X = 0.75 y new engine total hydrocarbon standard for the engine's model year, with the further requirement that X is rounded down to the nearest lower 0.2 grams per brake horsepower-hour increment; and where n is an integer such that n y 0.2 is greater than or equal to zero. For diesel engines, X = 0.75 y original emission certification value for the engine's model year. For engines originally certified to a combined hydrocarbon plus oxides of nitrogen standard, X = 0.75 y original engine certification standard pro-rated by the hydrocarbon portion of the original emission certification level. If the original certification levels are not available, the hydrocarbon baseline standard shall be prorated by the hydrocarbon and oxides of nitrogen values of the next later model year with separate hydrocarbon and oxides of nitrogen standards. (a)(2) Non-methane Hydrocarbons For engines originally certified to an optional non-methane hydrocarbon standard, (X - n y 0.2) grams per brake horsepower-hour where X = 0.75 y new engine non-methane hydrocarbon standard for the engine's model year, with the further requirement that X is rounded down to the nearest lower 0.2 grams per brake horsepower-hour increment; and where n is an integer such that n y 0.2 is greater than or equal to zero. For diesel engines, X = 0.75 y original emission certification value for the engine's model year. (b) Carbon Monoxide (X - n y 5.0) grams per brake horsepower-hour) where X = 0.75 y new engine carbon monoxide standard for the engine's model year, with the further requirement that X is rounded down to the nearest lower 5 grams per brake horsepower-hour increment; and where n is an integer such that n y 5.0 is greater than or equal to zero. For diesel engines, X = 0.75 y original emission certification value for the engine's model year. (c) Oxides of Nitrogen (X - n y 0.5) grams per brake horsepower-hour where X = 0.75 y new engine oxides of nitrogen standard for the engine's model year, with the further requirement that X is rounded down to the nearest lower 0.5 grams per brake horsepower-hour increment; and where n is an integer such that n y 0.5 is greater than or equal to zero. For engines originally certified to a combined hydrocarbon plus oxides of nitrogen standard, X = 0.75 y original engine certification standard, pro-rated by the oxides of nitrogen portion of the original emission certification level. If the original emission certification levels are not available, the oxides of nitrogen baseline standard shall be pro-rated by the hydrocarbon and oxides of nitrogen values of the next later model year with separate hydrocarbon and oxides of nitrogen standards. (d) Particulate Matter (X - n y 0.05) grams per brake horsepower-hour where X = 0.75 y new diesel engine particulate matter standard for the engine's model year, with the further requirement that X is rounded down to the nearest lower 0.05 grams per brake horsepower-hour increment; and where n is an integer such that n y 0.05 is greater than or equal to zero. For diesel engines that were not originally certified to a particulate matter emission standard, X = 0.75 y 0.6 grams per brake horsepower-hour. Gasoline engines may not be certified to an optional exhaust emission standard for particulate matter. (e) 1972 and earlier model year engines may be certified to credit standards as described in (a)(1), (b), (c), and (d) using 1973 model year new engine emission standards as the basis for calculating "X." (f) The test procedures for determining compliance with an optional standard shall be the test procedure used to originally certify the engine. To certify to an optional emission standard, a retrofitted engine must meet all of the requirements of "California Certification and Installation Procedures for Alternative Fuel Retrofit Systems for Motor Vehicles Certified for 1994 and Subsequent Model Years and for all Model Year Motor Vehicle Retrofit Systems Certified for Emissions Reduction Credit," adopted March 11, 1993, as amended November 21, 1995, which is incorporated by reference herein. Note: Authority cited: Sections 43701 (b) and (c), Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43004, 43006, 43008, 43013, and 43108, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 1957. Exhaust Emission Standards and Test Procedures -1973 and Subsequent Model-Year Heavy-Duty Diesel-Powered Vehicles. (a) Exhaust emissions from new 1973 and 1974 model-year diesel-powered engines for use in heavy-duty motor vehicles (6,001 pounds and over, manufacturer's maximum gross vehicle weight) shall not exceed: (1) Hydrocarbons plus oxides of nitrogen -16 grams per brake horsepower hour; (2) Carbon monoxide -40 grams per brake horsepower hour. The test procedures for determining compliance with these standards are those set forth in "California Exhaust Emission Standards, Test and Approval Procedures for Diesel Engines in 1973 and Subsequent Model-Year Vehicles Over 6,001 Pounds Gross Vehicle Weight," dated November 18, 1970, as last amended February 17, 1971. In accordance with this section, as originally enacted, new 1973 model-year heavy-duty vehicles must contain 1973 model-year engines. In subsequent years, model-year engine controls, not model-year vehicle. (b) Exhaust emissions from new 1975 and 1976 model-year diesel powered engines for use in heavy-duty motor vehicles (over 6,000 pounds, manufacturer's maximum gross vehicle weight) shall not exceed: (1) Hydrocarbons plus oxides of nitrogen -10 grams per brake horsepower hour; (2) Carbon monoxide -30 grams per brake horsepower hour; The test procedures for determining compliance with these standards are those set forth in "California Exhaust Emission Standards, Test and Approval Procedures for 1975 and Subsequent Model-Year Engines in Diesel-Powered Motor Vehicles Over 6,000 Pounds Gross Vehicle Weight," dated December 19, 1973, amended August 8, 1974. (c) Exhaust emissions from new 1977 model year diesel-powered engines for use in heavy-duty motor vehicles shall not exceed: (1)Hydrocarbons plus oxides of nitrogen -5 grams per brake horsepower hour; (2) Carbon monoxide -25 grams per brake horsepower hour; or (1) Hydrocarbons -1.0 gram per brake horsepower hour; (2) Carbon monoxide -25 grams per brake horsepower hour; (3) Oxides of nitrogen -7.5 grams per brake horsepower hour. These two sets of standards shall be alternatives. A manufacturer shall have the option for each engine family of showing compliance with either set. The test procedures for determining compliance with these standards are those set forth in "California Exhaust Emission Standards and Test Procedures for 1975 and Subsequent Model-Year Diesel-Fueled Heavy-Duty Engines and Vehicles," dated December 19, 1973, as last amended March 31, 1976. (d) Exhaust emissions from new 1978 model-year diesel-fueled heavy-duty engines and vehicles, except medium-duty vehicles, shall not exceed: (1) Hydrocarbons plus oxides of nitrogen -5 grams per brake horsepower hour; (2) Carbon monoxide -25 grams per brake horsepower hour; or or (1) Hydrocarbons -1.0 gram per brake horsepower hour; (2) Carbon monoxide -25 grams per brake horsepower hour; (3) Oxides of Nitrogen -7.5 grams per brake horsepower hour. These two sets of standards shall be alternatives. A manufacturer shall have the option for each engine family of showing compliance with either set. The test procedures for determining compliance with these standards are those set forth in "California Exhaust Emission Standards and Test Procedures for 1975 to 1978 Model-Year Diesel-Fueled Heavy-Duty Engines and Vehicles," dated December 19, 1973, as last amended October 5, 1976. A manufacturer may elect to certify heavy-duty vehicles less than 10,000 pounds maximum gross vehicle weight rating as medium-duty vehicles under Section 1959 of this chapter, in which event heavy-duty emission standards and test procedures shall not apply. (e) This regulation shall remain in effect until December 31, 1988, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1988, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101 and 43104, Health and Safety Code. s 1958. Exhaust Emission Standards and Test Procedures -Motorcycles and Motorcycle Engines Manufactured on or After January 1, 1978. (a) This section shall be applicable to motorcycles, motorcycle engines, and the manufacturers of either motorcycles or motorcycle engines produced on or after January 1, 1978. Motorcycles and motorcycle engines are excluded from the requirements of this section if: (1) The engine displacement is less than 50 cubic centimeters, or (2) An 80 kilogram (176 pound) driver cannot (A) start from a dead stop using only the engine, or (B) exceed a maximum speed of 40 kilometers per hour (24.9 miles per hour) on a level paved surface. (b) Exhaust emissions from new street-use motorcycles and motorcycle engines, subject to registration and sold and registered in this state, shall not exceed: Table of Standards _______________________________________________________________________________ Engine Exhaust Emission Standards (grams per kilometer) Model-Year Displacement Hydrocarbon (HC) Carbon (in cubic + Oxides of Nitrogen (NOx) Monoxide centimeters) 1978 to 1979..... 50 to less 5.0 (HC only) 17 than 170 170 to less 5.0+0.0155(D-170)a1 (HC only) 17 than 750 750 or greater 14 (HC only) 17 1980 to 1981..... All (50 cc or 5.0 (HC only) 17 larger) 1982 and 50 cc to 279 1.0 (HC only) 12 subsequent..... cc 1982 through 1985 (manufactured prior to March 1, 280 cc or 2.5 (HC only) 12 1985).......... greater 1985 (manufactured after February 28, 1985) through 280 cc or 1.4 (HC only), applied as a 12 1987........... greater corporate average, [FNa2] provided that each engine family shall have only one applicable standard 1988 through 280 cc to 699 1.0 (HC only), applied as a 12 2003........... cc corporate average, [FNa2] provided that each engine family shall have only one applicable standard 1988 through 700 cc or 1.4 (HC only), applied as a 12 2003........... greater corporate average, [FNa2] provided that each engine family shall have only one applicable standard 2004 through 280 cc or 1.4 (HC + NOx), applied as a 12 2007........... greater corporate average, [FNa2] provided that each engine family shall have only one applicable standard 2008 and 280 cc or 0.8 (HC + NOx), applied as a 12 subsequent..... greater corporate average, [FNa2] provided that each engine family shall have only one applicable standard _______________________________________________________________________________ [FNa1] D = engine displacement of motorcycles in cubic centimeters. [FNa2] Compliance with a standard to be applied as a "corporate average" shall be determined as follows: n <> (PRODjx) (STDjx) j = 1 --------------------------------------- = STDca n <> (PRODjx) j = 1 where, n = Class III motorcycle engine families (engines with displacement of 280 cc or greater manufactured after February 28, 1985). PRODjx = Number of units of Class III engine family j produced for sale in California in model year x STDjx = The manufacturer designated HC or HC + NOx emission standard, whichever applies, for engine family j in model year x, which shall be determined by the manufacturer subject to the following conditions: (1) for Model Year 1988 through 2003 motorcycle engines and motorcycles with engine displacement of 280 cc or greater, no individual engine family exhaust emission standard shall exceed 2.5 g/km HC, and (2) for Model Year 2004 and subsequent motorcycle engines and motorcycles with engine displacement of 280 cc or greater, no individual engine family exhaust emission standard shall exceed 2.5 g/km HC+NOx, and (3) no engine family designation or engine family exhaust emission standard shall be amended in a model year after the engine family is certified for the model year, and (4) prior to sale or offering for sale in California, each engine family shall be certified in accordance with Section 1958(c) and shall be required to meet the manufacturer's designated HC or HC + NOx standard, whichever applies, as a condition of the certification Executive Order. Prior to certification the manufacturer shall also submit estimated production volumes for each engine family to be offered for sale in California. STDCa = A manufacturer's corporate average HC or HC + NOx exhaust emissions, whichever applies, from those California motorcycles or motorcycle engines subject to the California corporate average HC or HC + NOx exhaust emission standard, as established by an Executive Order certifying the California production for the model year. This order must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year and shall include but not be limited to the following requirements: (1) During the manufacturer's production year, for each engine family, the manufacturer shall provide the following information to the Executive Officer within 30 days after the last day in each calendar quarter: (A) vehicle identification numbers and an explanation of the identification code; (B) the total number of vehicles or motorcycle engines produced for sale in California and their applicable designated emissions standards. (2) The manufacturer's average HC or HC + NOx exhaust emissions, whichever applies, shall meet the applicable corporate average standard at the end of the manufacturer's production for the model year. (3) Production and sale of vehicles which result in non-compliance with the California standard for the model year shall cause a manufacturer to be subject to civil penalties, per vehicle, pursuant to Health and Safety Code Section 43154. All excess emissions resulting from final non-compliance with the California standard shall be made up in the following model year. (4) For a period of up to one year following the end of the model year, for each model the manufacturer shall submit California sales and registration data as it becomes available. (c) The test procedures for determining compliance with these standards are set forth in Subparts E and F, Part 86, Title 40, Code of Federal Regulations, as they existed on April 15,1978, for 1978 through 1987 model years, and they existed on July 7, 1986, for 1988 and subsequent model years. (1) When the word "Administrator" is used in these federal regulations, it shall mean the executive officer of the state board. (2) When a California service accumulation vehicle is used, the California standards for Class I and II motorcycles for the manufacturer designated standards (STDjx ) for Class III motorcycles as defined above shall supersede corresponding federal standards in Subpart E of the federal regulations. (3) Pursuant to the federal certification protocol under 40 CFR Section 86.432-78, a manufacturer has the option of applying an outlier test point procedure. Where the manufacturer chooses to apply the optional procedure, the California statistical outlier procedure entitled "Calculation of t-Statistic for Deterioration Data Outlier Test," dated December 17, 1976, shall be used to test for irregular data from a durability-data set. If any data point is identified by the manufacturer as a statistical outlier, the executive officer shall determine, on the basis of an engineering analysis of the cause of the outlier submitted by the manufacturer, whether the outlier is to be rejected. The outlier shall be rejected only if the executive officer determines that the outlier does not reflect representative characteristics of the emission control system anomaly, test procedure error, or an extraordinary circumstance not expected to recur. Only the identified outlier shall be eliminated; other data at that test point (i.e., data for other pollutants) shall not be eliminated unless the executive officer determines, based on the engineering analysis, that they also do not reflect representative characteristics of the emission control system. All durability test data, including any outliers and the manufacturer's engineering analysis shall be submitted with the final application. (4) When a federal service accumulation vehicle does not meet the applicable California engine family standards, a stabilized "worst case" California configuration vehicle may be utilized to demonstrate compliance with the California standards. Before an emission test is conducted, the vehicle shall accumulate the following applicable minimum test distance: Class Distance (Kilometers) I 2500 II 2500 III 3500 The test shall be conducted at an accumulated distance within 250 kilometers (155 miles) of the nominal test distance. A deterioration factor (DF) defined as the extrapolated useful life distance emissions divided by the interpolated minimum test distance emissions shall be computed using emissions data from the federal service accumulation vehicle. The DF shall be applied to the stabilized vehicle test data to obtain useful life emissions. The useful life emissions shall be equal to or less than the applicable California standards in order to obtain California Certification. (d) The state board will accept the Environmental Protection Agency's Certificate of Conformity as equivalent to California Certification for model-years 1978 through 1981. (e) Motorcycle manufacturers shall submit to the executive officer a complete copy of the application for certification submitted to the Environmental Protection Agency together with a copy of the Certificate of Conformity. The above information shall be submitted for each engine family prior to sale or offering for sale of 1978 through 1981 model-year motorcycles. The motorcycle manufacturers shall submit directly to the executive officer a complete copy of the application for certification for 1982 and subsequent model years. (f)(1) Small Volume Manufacturers: Exhaust emission standards for Class III motorcycles and motorcycle engines produced by small volume manufacturers are as follows: (A) For Model Years through 2007, Class III motorcycles and motorcycle engines shall meet the applicable HC-only and CO emission limits specified in the Table of Standards in subsection 1958(b). (B) For Model Year 2008 and subsequent, Class III motorcycles and motorcycle engines shall emit no more than 12 grams of CO per kilometer and 1.4 grams per kilometer HC + NOx, applied as a corporate average, provided that no engine family shall emit greater than 2.5 grams per kilometer HC + NOx. (2) To obtain certification as a small volume manufacturer pursuant to this subsection, the manufacturer shall submit product information and estimated sales data with the certification application for each engine family sold in California. As a condition of obtaining certification as a small volume manufacturer, the manufacturer shall submit annually to the Executive Officer a summary of its efforts and progress toward meeting more stringent HC + NOx exhaust emission standards. The summary shall include a description of the manufacturer's current HC + NOx emission control development status, along with supporting test data, and future planned development work. (3) For purposes of subsection 1958(f)(1), the following provisions apply: For Model Small Volume Applicable Manufacturer (SVM) Years (MY) definition is Exhaust Emissions Requirements prior to not applicable For all manufacturers, 1984 Section 1958(f)(1)(A) and 1958(b) apply. 1984 through one which sells less For SVMs, 2.5 grams per kilometer 1987 than 5,000 new HC-only and Class I, II, and III 12 grams per kilometer CO apply only to motorcycles per Class III motorcycles. model year in For all other manufacturers and Class I California and II motorcycles, Section 1958(f)(1)(A) and 1958(b) apply. 1988 through not applicable For all manufacturers, Section 2007 1958(f)(1)(A) and 1958(b) apply. 2008 and one which sells no more For SVMs, Section 1958(f)(1)(B) applies subsequent than 300 only to Class III (combined) new Class I, motorcycles. II, and III motorcycles per model For all other manufacturers and Class I year in and II motorcycles, California, starting Section 1958(b) applies. with the 2004 MY. (g) Early-Compliance Credits (1) Manufacturers which sell Class III motorcycles or motorcycle engines in California certified as meeting either a 0.8 g/km or 0.4 g/km HC+NOx level prior to Model Year 2008 can receive credits for use in the Model Year 2008 corporate average upon written approval by the Executive Officer. Each unit of Class III motorcycle or motorcycle engine sold between Model Years 1999 and 2008 and which meets the requirements of this subsection shall be multiplied by whichever X multiplier applies, as shown in the following table: Table of Multipliers to Encourage Early Compliance with the 0.8 g/km HC + NOx Standard and Beyond Multiplier (X) for Use in MY 2008 Corporate Averaging Model Year Certified at 0.8 g/km Certified at 0.4 g/km Sold HC + NOx or below HC+NOx or below 1999 through 2004 1.5 3.0 2005 1.375 2.5 2006 1.250 2.0 2007 1.125 1.5 2008 and subsequent 1.0 1.0 Note: Each unit of an early compliant certified motorcycle and motorcycle engine is counted cumulatively toward the MY 2008 corporate average. (2) Applications for early compliance credits pursuant to this subsection shall include in writing all emissions data, test protocols, equipment specifications, operating conditions, and any other technical information requested by the Executive Officer. (3) The Executive Order approving early compliance credits under this subsection shall specify the exact amount of credits granted, the date of expiration for the credits, and all enforcement provisions applicable to the use of early compliance credits. Each motorcycle and each motorcycle that incorporates an engine for which early compliance credits have been granted pursuant to this subsection shall specify on its "California Motor Vehicle Emission Control And Smog Index Label" (Section 1965, Title 13, California Code of Regulations), in addition to all other existing requirements, the actual HC + NOx engine family exhaust emissions level for which the vehicle or engine has been granted early compliance credit. (h) Sunset Review Within five years from the effective date of adoption or date of implementation, which ever comes later, the Air Resources Board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this section to determine whether it should be retained, revised, or repealed. Note: Authority cited: Sections 39600, 39601, 43013, 43101, 43104 and 43107, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101, 43104 and 43107, Health and Safety Code; and Cal. Stats. 83, Ch. 103. s 1959. Exhaust Emission Standards and Test Procedures -1978 Model Medium-Duty Vehicles. (a) The exhaust emissions from new 1978 medium-duty vehicles having an engine displacement of 50 cubic inches or greater subject to registration and sold and registered in this state, shall not exceed: Exhaust Emission Standards (grams per mile) Carbon Oxides of Model Year Hydrocarbons Monoxide Nitrogen 1978 0.9 17 2.3 (b) The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1975 Through 1978 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the State Board February 19, 1975, as last amended June 8, 1977. (c) This regulation shall remain in effect until December 31, 1983, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1983, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43100, 43101 and 43104, Health and Safety Code. s 1959.5. Exhaust Emission Standards and Test Procedures -1979 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. (a) The exhaust emissions from new 1979 model-year passenger cars, light-duty trucks, and medium-duty vehicles having an engine displacement of 50 cubic inches or greater, except diesel-fueled passenger cars, subject to registration and sold and registered in this state, shall not exceed: Exhaust Emission Standards (grams per mile) Equivalent Inertia Carbon Oxides of Vehicles Weight (lbs.) Hydrocarbons Monoxide Nitrogen Passenger Cars.......... All 0.41 9.0 1.5 Light-Duty Trucks....... 0-3999 0.41 9.0 1.5 [FNa1] Light-Duty Trucks....... 4000-5999 0.50 9.0 2.0 Medium-Duty Vehicles.... All 0.9 17 2.3 ------- [FNa1] 2.0 for four-wheel drive vehicles in this category. (b) The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1979 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the State Board June 8, 1977, as last amended September 6, 1978. (c) This regulation shall remain in effect until December 31, 1984, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1984, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43100, 43101 and 43104, Health and Safety Code. s 1960. Exhaust Emission Standards and Test Procedures -1980 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. (a) The exhaust emissions from new 1980 model passenger cars, light-duty trucks and medium-duty vehicles, subject to registration and sold and registered in this state, shall not exceed: ___________________________________________________________________ ___________________________________________________________________ Exhaust Emission Standards (grams per mile) Equivalent Inertia Oxides of Model Vehicle Weight Non-Methane Carbon Nitrogen Year Type (1) (lbs.) (2) Hydrocarbons (3) Monoxide (4) (5) 1980 PC All 0.39 (0.41) 9.0 1.0 1.5 LDT 0-3999 0.39 (0.41) 9.0 1.5 [FNa1] LDT 4000-5999 0.50 (0.50) 9.0 MDV All 0.9 (0.9) 17.0 [FNa1] 2.0 for four-wheel drive vehicles in this category. 100,000 Mile Exhaustion Emission Standards (grams per mile) Equivalent Inertia Oxides of Model Vehicle Weight Non-Methane Carbon Nitrogen Year Type (1) (lbs.)(2) Hydrocarbons (3)(5) Monoxide (4) 1980 PC All 0.39 (0.41) 9.0 1.5 (Option 1) PC All 0.46 10.6 1.5 (Option 2) (1) "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. (2) Equivalent inertia weights are determined under subparagraph 40 Code of Federal Regulations 86.129-70(a), as it existed on April 15, 1978. (3) Hydrocarbon standards in parentheses apply to total hydrocarbons, or 1980 models only, to emissions corrected by a methane content correction factor. (4) In addition, for passenger cars, the maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall be no greater than 1.33 times the applicable standard shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared. (5) For vehicles from evaporative emission families with projected 50,000 mile evaporative emissions values below 1.0 gm/test, an adjustment to the hydrocarbon exhaust emission standard may be granted by the Executive Officer. The adjusted standard will be calculated using the following formula: HC ex = .75 (.185 - [(Di + 3.3 Hs) - (29.4)] + HC o Where: HC ex = adjusted exhaust hydrocarbon standard HC o = unadjusted exhaust hydrocarbon standard Di = diurnal evaporative emissions Hs = hot soak evaporative emission ______________________________________________________________ ______________________________________________________________ (b) The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1980 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the State Board on May 24, 1978, as last amended March 5, 1980. (c) With respect to any new vehicle required to comply with the standards set forth in paragraph (a), the manufacturer's written maintenance instructions for in-use vehicles shall not require scheduled maintenance more frequently than or beyond the scope of maintenance permitted under the test procedures referenced in paragraph (b) above. Any failure to perform scheduled maintenance shall not excuse an emissions violation unless the failure is related to or causative of the violation. (d) This regulation shall remain in effect until December 31, 1990, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1990, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43103, 43100, 43104 and 43106, Health and Safety Code. s 1960.1. Exhaust Emissions Standards and Test Procedures -1981 through 2006 Model Passenger Cars, Light-Duty and Medium-Duty Vehicles. (a) The exhaust emissions from new 1981 model passenger cars, light-duty trucks, and medium-duty vehicles, subject to registration and sold and registered in this state, shall not exceed [FN1]: ____ ____ 1981 EXHAUST EMISSION STANDARDS (grams per mile) Equivalent Durability Inertia Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Type (lbs.) [FN3] (mi.) Hydrocarbons Monoxide Nitrogen [FN2] [FN4] [FN5] PC All 50,000 (0.41) 3.4 1.0 PC [FN6] All 50,000 0.39 (0.41) 7.0 0.7 PC All 100,000 0.39 [FN7] 3.4 1.5 (Option 1) PC All 100,000 0.46 [FN7] 4.0 1.5 (Option 2) LDT, MDV 0-3999 50,000 0.39 (0.41) 9.0 1.0 LDT, MDV 0-3999 100,000 0.39 (0.41) [FN7] 9.0 1.5 (Option 1) LDT, MDV 0-3999 100,000 0.46 [FN7] 10.6 1.5 (Option 2) LDT, MDV 4000-5999 50,000 0.50 (0.50) 9.0 1.5 LDT, MDV 4000-5999 100,000 0.50 (0.50) [FN7] 9.0 2.0 (Option 1) MDV 6000 and 50,000 0.60 (0.60) 9.0 2.0 larger MDV 6000 and 100,000 0.60 (0.60) [FN7] 9.0 2.3 (Option larger 1) [FN1] Subsection (a) shall remain in effect until December 31, 1991, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1991, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal of expiration. [FN2] "PC" means passenger cars. [FN3] Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a). [FN4] Hydrocarbon standards in parentheses apply to total hydrocarbons. [FN5] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR part 600, Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared. [FN6] The second set of 50,000 mile passenger car standards is optional. A manufacturer must select either the primary or optional sets of 50,000 mile standards for its full product line for both 1981 and 1982 model years. [FN7] For vehicles from evaporative emission families with projected 50,000 mile evaporative emissions values below 1.0 gm/test, an adjustment to the hydrocarbon exhaust emission standards may be granted by the Executive Officer. The adjusted standard will be calculated using the following formula: HC ex = .75 (.185 - [(Di + 3.3 Hs) (29.4)])+ HCo Where: HC ex = adjusted exhaust hydrocarbon standard HC o = unadjusted exhaust hydrocarbon standard Di= diurnal evaporative emissions Hs= hot soak evaporative emissions. _______________________________________________________________________________ _______________________________________________________________________________ (b) The exhaust emissions from new 1982 model passenger cars, light-duty trucks, and medium-duty vehicles, subject to registration and sold and registered in this state, shall not exceed [FN1]: ____ ____ 1982 EXHAUST EMISSION STANDARDS (grams per mile) Equivalent Durability Inertia Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Type [FN2] (lbs.) [FN3] (mi.) Hydrocarbons Monoxide Nitrogen [FN4] [FN5] PC All 50,000 0.39 (0.41) 7.0 0.4 PC [FN6] All 50,000 0.39 (0.41) 7.0 0.7 PC (Option All 100,000 0.39 (0.41) 7.0 1.5 1) PC (Option All 100,000 0.46 8.3 1.5 2) LDT, MDV 0-3999 50,000 0.39 (0.41) 9.0 1.0 LDT, MDV 0-3999 100,000 0.39 (0.41) 9.0 1.5 (Option 1) LDT, MDV 0-3999 100,000 0.46 10.6 1.5 (Option 2) LDT, MDV 4000-5999 50,000 0.50 (0.50) 9.0 1.5 LDT, MDV 4000-5999 100,000 0.50 (0.50) 9.0 2.0 (Option 1) MDV 6000 and 50,000 0.60 (0.60) 9.0 2.0 larger MDV 6000 and 100,000 0.60 (0.60) 9.0 2.3 (Option larger 1) [FN1] Subsection (b) shall remain in effect until December 31, 1992, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1992, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. [FN2] "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. [FN3] Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a). [FN4] Hydrocarbon standards in parentheses apply to total hydrocarbons. [FN5] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared. [FN6] The second set of 50,000 mile passenger car standards is optional. A manufacturer must select either the primary or optional sets of 50,000 mile standards for its full product line for both 1981 and 1982 model years. _______________________________________________________________________________ _______________________________________________________________________________ (c) The exhaust emissions from new 1983 model passenger cars, light-duty trucks, and medium-duty vehicles, subject to registration and sold and registered in this state, shall not exceed [FN1]: ____ ____ 1983 EXHAUST EMISSION STANDARDS (grams per mile) Equivalent Durability Inertia Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Type [FN2] (lbs.) [FN3] (mi) Hydrocarbons Monoxide Nitrogen [FN4] PC All 50,000 0.39 (0.41) 7.0 0.4 PC [FN6] All 50,000 0.39 (0.41) 7.0 0.7 PC (Option All 100,000 0.39 (0.41) 7.0 1.5 1) PC (Option All 100,000 0.46 8.3 1.5 2) LDT, MDV 0-3999 50,000 0.39 (0.41) 9.0 0.4 LDT, MDV 0-3999 50,000 0.39 (0.41) 9.0 1.0 [FN6] LDT, MDV 0-3999 100,000 0.39 (0.41) 9.0 1.5 (Option 1) LDT, MDV 0-3999 100,000 0.46 10.6 1.5 (Option 2) LDT, MDV 4000-5999 50,000 0.50 (0.50) 9.0 1.0 LDT, MDV 4000-5999 100,000 0.50 (0.50) 9.0 2.0 (Option 1) MDV 6000 and 50,000 0.60 (0.60) 9.0 1.5 larger MDV 6000 and 100,000 0.60 (0.60) 9.0 2.0 (Option larger 1) [FN1] Subsection (C) shall remain in effect until December 31, 1993, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1993, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. [FN2] "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. [FN3] Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a). [FN4] Hydrocarbon standards in parentheses apply to total hydrocarbons. [FN5] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared. [FN6] This set of standards for 1983 model vehicles is optional. A manufacturer may choose to certify these optional standards pursuant to the conditions set forth in Section 1960.15. _______________________________________________________________________________ _______________________________________________________________________________ (d)(1) The exhaust emissions from new 1984 through 1987 model passenger cars, light-duty trucks, and medium-duty vehicles subject to registration and sold and registered in this state, shall not exceed: ____ ____ 1984 THROUGH 1987 EXHAUST EMISSION STANDARDS [FN6] (grams per mile) Equivalent Durability Inertia Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Type [FN1] (lbs.) [FN2] (mi) Hydrocarbons Monoxide Nitrogen [FN3] PC All 50,000 0.39 (0.41) 7.0 0.4 PC [FN5] All 50,000 0.39 (0.41) 7.0 0.7 PC (Option All 100,000 0.39 (0.41) 7.0 1.0 1) PC (Option All 100,000 0.46 8.3 1.0 2) LDT, MDV 0-3999 50,000 0.39 (0.41) 9.0 0.4 LDT, MDV 0-3999 50,000 0.39 (0.41) 9.0 1.0 [FN5] LDT, MDV 0-3999 100,000 0.39 (0.41) 9.0 1.0 (Option 1) LDT, MDV 0-3999 100,000 0.46 10.6 1.0 (Option 2) LDT, MDV 4000-5999 50,000 0.50 (0.50) 9.0 1.0 LDT, MDV 4000-5999 100,000 0.50 (0.50) 9.0 1.5 (Option 1) MDV 6000 and 50,000 0.60 (0.60) 9.0 1.5 larger MDV 6000 and 100,000 0.60 (0.60) 9.0 2.0 (Option larger 1) [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. [FN2] Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a). [FN3] Hydrocarbon standards in parentheses apply to total hydrocarbons. [FN4] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared. [FN5] This set of standards for 1984 through 1987 model vehicles is optional. A manufacturer may choose to certify these optional standards pursuant to the conditions set forth in Section 1960.15. [FN6] Diesel-powered passenger cars, light-duty trucks, and medium-duty vehicles are subject to the following particulate exhaust emission standards: 0.4/g.mi for the 1985 model year and 0.2 g/mi for the 1986 and 1987 model years. The particulate compliance shall be determined on a 50,000 mile durability vehicle basis. _______________________________________________________________________________ _______________________________________________________________________________ (2) The exhaust emissions from new 1988 model passenger cars, light-duty trucks, and medium-duty vehicles and new 1988 through 1990 model passenger cars, light-duty trucks and medium-duty vehicles produced by a small volume manufacturer, subject to registration and sold and registered in this state, shall not exceed: ____ ____ 1988 EXHAUST EMISSION STANDARDS [FN5] (grams per mile) Equivalent Durability Inertia Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Type [FN1] (lbs.) (mi) Hydrocarbons Monoxide Nitrogen [FN2] [FN3] PC All 50,000 0.39 (0.41) 7.0 0.4 PC [FN4] All 50,000 0.39 (0.41) 7.0 0.7 PC (Option All 100,000 0.39 (0.41) 7.0 1.0 1) PC (Option All 100,000 0.46 8.3 1.0 2) LDT, MDV 0-3750 50,000 0.39 (0.41) 9.0 0.4 LDT, MDV 0-3750 50,000 0.39 (0.41) 9.0 1.0 [FN4] LDT, MDV 0-3750 100,000 0.39 (0.41) 9.0 1.0 (Option 1) LDT, MDV 0-3750 100,000 0.46 10.6 1.0 (Option 2) LDT, MDV 3751-5750 50,000 0.50 (0.50) 9.0 1.0 LDT, MDV 3751-5750 100,000 0.50 (0.50) 9.0 1.5 (Option 1) MDV 5751 and 50,000 0.60 (0.60) 9.0 1.5 larger MDV 5751 and 100,000 0.60 (0.60) 9.0 2.0 (Option larger 1) [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. [FN2] Hydrocarbon standards in parentheses apply to total hydrocarbons. [FN3] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty trucks and medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared. [FN4] This set of standards is optional. A manufacturer may choose to certify to these optional standards pursuant to the conditions set forth in Section 1950.1.5. [FN5] Diesel-powered passenger cars, light-duty trucks, and medium-duty vehicles are subject to a particulate exhaust emission standard of 0.2 g/mi for the 1988 model year. The particulate compliance shall be determined on a 50,000 mile durability vehicle basis. _______________________________________________________________________________ _______________________________________________________________________________ (e)(1) The exhaust emissions from (A) new 1989 through 1992 model passenger cars and light-duty trucks, except those produced by a small volume manufacturer, (B) new 1991 through 1994 model passenger cars and light-duty trucks produced by a small volume manufacturer, (C) new 1989 through 1994 model medium-duty vehicles, except those produced by a small volume manufacturer, and (D) new 1991 through 1994 model medium-duty vehicles produced by a small volume manufacturer, shall not exceed: ____ ____ 1989 THROUGH 1994 MODEL-YEAR EXHAUST EMISSION STANDARDS [FN5] (grams per mile) Loaded Durability Vehicle Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Type (lbs.) (mi) Hydrocarbons Monoxide Nitrogen [FN1] [FN2] [FN3,- 4] PC All 50,000 0.39 (0.41) 7.0 0.4 PC [FN6] All 50,000 0.39 (0.41) 7.0 0.7 Diesel PC All 100,000 0.46 8.3 1.0 (Option [FN8] 2) LDT, MDV 0-3750 50,000 0.39 (0.41) 9.0 0.4 LDT, MDV 0-3750 50,000 0.39 (0.41) 9.0 0.7 [FN6] [FN7] Diesel 0-3750 100,000 [FN8] 0.46 10.6 1.0 LDT, MDV (Option 2) LDT, MDV 3751-5750 50,000 0.50 (0.50) 9.0 1.0 LDT, MDV 3751-5750 100,000 0.50 (0.50) 9.0 1.5 (Option [FN8] 1) MDV 5751 and 50,000 0.60 (0.60) 9.0 1.5 larger MDV 5751 and 100,000 0.60 (0.60) 9.0 2.0 (Option larger [FN8] 1) [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. [FN2] Hydrocarbon standards in parentheses apply to total hydrocarbons. For 1993 through 1994 model methanol-fueled vehicles certifying to these standards, including flexible-fueled vehicles, "Non-Methane Hydrocarbons" shall mean "Organic Material Hydrocarbon Equivalent" (or "OMHCE"). [FN3] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared. [FN4] The standard for in-use compliance for passenger cars, light-duty trucks and medium-duty vehicles certifying to the 0.4 g/mi NOx standard shall be 0.55 g/mi NOx for 50,000 miles. If the in-use compliance level is above 0.4 g/mi NOx but does not exceed 0.55 g/mi NOx, and based on a review of information derived from a statistically valid and representative sample of vehicles, the Executive Officerdetermines that a substantial percentage of any class or category of such vehicles exhibits, prior to 50,000 miles or 5 years, whichever occurs first, an identifiable, systematic defect in a component listed in section 1960.1.5(c)(2) which causes a significant increase in emissions above those exhibited by vehicles free of such defects and of the same class or category and having the same period of use and mileage, then the Executive Officer may invoke the enforcement authority under subchapter 2.5, Title 13, California Code of Regulations, commencing with section 2111, to require remedial action by the vehicle manufacturer. Such remedial action shall be limited to owner notification and repair or replacement of the defective component. As used in this section, the term "defect" shall not include failures which are the result of abuse, neglect, or improper maintenance. This provision is applicable for the 1989 through 1992 model years only. For small volume manufacturers, this provision is applicable for the 1991 through 1994 model years only. [FN5] Diesel passenger cars, light-duty trucks, and medium-duty vehicles certifying to these standards are subject to a particulate exhaust emission standard of 0.08 g/mi for the 1989 and subsequent model years. The particulate compliance shall be determined on a 50,000 mile durability vehicle basis. [FN6] This set of standards is optional. A manufacturer may choose to certify to these standards pursuant to the conditions set forth in section 1960.1.5. [FN7] Pursuant to section 1960.1.5(a)(1)(B), the optional standard for 1989 model-year light-duty trucks and medium-duty vehicles only is 1.0 g/mi NOx. [FN8] The optional 100,000 mile certification standards and provisions are not applicable to methanol vehicles. _______________________________________________________________________________ _______________________________________________________________________________ (e)(2) The exhaust emissions from new 1993 through 2003 model methanol-fueled vehicles, including fuel-flexible vehicles, shall meet all the applicable requirements in (e)(1), (f)(1) and (f)(2) with the following modifications and additions: ____ ____ 1993 through 2003 METHANOL-SPECIFIC EXHAUST EMISSION STANDARDS Loaded Durability Vehicle Vehicle Vehicle Weight Basis Formaldehyde (mg/mi) Type [FN1] (lbs.) [FN3] (mi) Certification In-Use Compliance [FN2] PC All 50,000 15 23 (1993-1995) 15 (1996-2003) LDT, MDV 0-3750 50,000 15 23 (1993-1995) 15 (1996-2003) LDT, MDV 3751-5750 50,000 18 27 (1993-1995) 18 (1996-2003) MDV 5751-8500 50,000 22 33 (1993-1995) 22 (1996-2003) MDV 8501-10,000 50,000 28 36 (1995) 28 (1996-2003) MDV 10,001-14,000 50,000 36 45 (1995) 36 (1996-2003) [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. [FN2] If the formaldehyde in-use compliance level is above the respective certification level but does not exceed the in-use compliance level, and based on a review of information derived from statistically valid and representative sample of vehicles, the Executive Officer determines that a substantial percentage of any class or category of such vehicle exhibits, prior to 50,000 miles or 5 years, whichever occurs first, an identifiable, systematic defect in a component listed in section 1960.1.5(c)(2), Title 13, California Code of Regulations, which causes a significant increase in emissions above those exhibited by vehicles free of such defects and of the same class or category and having the same period of use and mileage, the Executive Officer may invoke the enforcement authority under subchapter 2.5, Title 13, California Code of Regulations, commencing with section 2111, to require remedial action by the vehicle manufacturer. Such remedial action shall be limited to owner notification and repair or replacement of the defective component. As used in this section, the term "defect" shall not include failures which are the result of abuse, neglect, or improper maintenance. [FN3] For 1995-2003 model-year medium-duty vehicles certifying to the standards specified in section 1960.1 (h)(1), "Loaded Vehicle Weight" shall mean "Test Weight," which is the average of the vehicle's curb weight and gross vehicle weight. _______________________________________________________________________________ _______________________________________________________________________________ (e)(3) The exhaust emissions from new 1992 through 2006 model-year "LEV I" transitional low-emission vehicles, low-emission vehicles, ultra-low emission vehicles, and super ultra-low-emission vehicles, including fuel-flexible and dual-fuel vehicles, shall meet all the requirements of (g)(1) and (h)(2) with the following additions: ____ ____ FORMALDEHYDE EXHAUST EMISSION STANDARDS IN THE LIGHT-DUTY AND MEDIUM-DUTY VEHICLE WEIGHT CLASSES [FN5,6,7] [ "milligrams per mile" (or "mg/mi")] Vehicle Durability Vehicle Vehicle Weight Vehicle Basis Emission Formaldehyde Type [FN1] (lbs.) [FN2] (mi) Category [FN3] (mg/mi) [FN4,5] PC and All 50,000 TLEV 15(23) LDT 0-3750 LEV 15(15) ULEV 8(12) 100,000 TLEV 18 LEV 18 ULEV 11 LDT 3751-5750 50,000 TLEV 18(27) LEV 18(18) ULEV 9(14) 100,000 TLEV 23 LEV 23 ULEV 13 MDV 0-3750 50,000 LEV 15(15) ULEV 8(12) 120,000 LEV 22 ULEV 12 MDV 3751-5750 50,000 LEV 18(18) ULEV 9(14) SULEV 4(7) 120,000 LEV 27 ULEV 13 SULEV 6 MDV 5751-8500 50,000 LEV 22(22) ULEV 11(17) SULEV 6(8) 120,000 LEV 32 ULEV 16 SULEV 8 MDV 8501-10,000 50,000 LEV 28(28) ULEV 14(21) SULEV 7(10) 120,000 LEV 40 ULEV 21 SULEV 10 MDV 10,001-14,000 50,000 LEV 36(36) ULEV 18(27) SULEV 9(14) 120,000 LEV 52 ULEV 26 SULEV 13 [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. [FN2] For light-duty or medium-duty vehicles, Vehicle Weight shall mean "Loaded Vehicle Weight" (or "LVW") or "Test Weight" (or "TW"), respectively. [FN3] "TLEV" means transitional low-emission vehicle. "LEV" means low-emission vehicle. "ULEV" means ultra-low-emissions vehicle. "SULEV" means super ultra-low-emssion vehicle. [FN4] Formaldehyde exhaust emission standards apply to vehicles certified to operate on any available fuel, including fuel-flexible and dual-fuel vehicles. [FN5] The standards in parentheses are intermediate in-use compliance standards for 50,000 miles. FN a. For PCs and LDTs from 0-5750 lbs. LVW, including fuel-flexible and dual-fuel vehicles, intermediate in-use compliance standards shall apply to TLEVs through the 1995 model year, and LEVs and ULEVs through the 1998 model year. In-use compliance with standards beyond 50,000 miles shall be waived through the 1995 model year for TLEVs, and through the 1998 model year for LEVs and ULEVs. FN b. For MDVs from 0-14,000 lbs. TW, including fuel-flexible and dual-fuel vehicles, intermediate in-use compliance standards shall apply to LEVs, ULEVs and SULEVs through the 1999 model year. In-use compliance with standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs, ULEVs, and SULEVs. [FN6] Manufacturers shall demonstrate compliance with the above standards for formaldehyde at 505F according to the procedures specified in section 11k of the "California Exhaust Emission Standards and Test Procedures for 1988 through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k) or section E.1.4 of the "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 section 1961(d). Hybrid electric, natural gas, and diesel-fueled vehicles shall be exempt from 505F test requirements. [FN7] In-use compliance testing shall be limited to PCs and LDTs with fewer than 75,000 miles and MDVs with fewer than 90,000 miles. _______________________________________________________________________________ _______________________________________________________________________________ (f)(1) The exhaust emissions from new 1993 and 1994 model passenger cars and light-duty trucks, except those produced by a small volume manufacturer, shall not exceed: ____ ____ 1993 AND 1994 MODEL YEAR PASSENGER CAR AND LIGHT-DUTY TRUCK EXHAUST EMISSIONS STANDARDS [FN5,8,9] (grams per mile) Loaded Durability Vehicle Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Type [FN1] (lbs.) (mi) Hydrocarbons Monoxide Nitrogen [FN2,7] [FN7] [FN1,3,4] PC All 50,000 0.39 (0.25) 7.0 (3.4) 0.4 PC [FN6] All 50,000 0.39 (0.25) 7.0 (3.4) 0.7 PC All 100,000 (0.31) (4.2) n/a Diesel PC All 100,000 0.46 (0.31) 8.3 (4.2) 1.0 (Option 2) LDT 0-3750 50,000 0.39 (0.25) 9.0 (3.4) 0.4 LDT [FN6] 0-3750 50,000 0.39 (0.25) 9.0 (3.4) 0.7 LDT 0-3750 100,000 (0.31) (4.2) n/a Diesel LDT 0-3750 100,000 0.46 (0.31) 10.6 (4.2) 1.0 (Option 2) LDT 3751-5750 50,000 0.50 (0.32) 9.0 (4.4) 1.0 LDT 3751-5750 100,000 (0.40) (5.5) n/a Diesel LDT 3751-5750 100,000 0.50 (0.40) 9.0 (5.5) 1.5 (Option 1) [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. "n/a" means not applicable. [FN2] For methanol-fueled vehicles certifying to these standards, including fuel-flexible vehicles, when certifying on methanol , "Non-Methane Hydrocarbons" shall mean "Organic Material Hydrocarbon Equivalent" (or "OMHCE"). For methanol- or ethanol-fueled vehicles certifying to the phase-in standards in parenthesis, including fuel-flexible vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent" (or "OMNMHCE"). [FN3] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck and medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared. [FN4] The standard for in-use compliance for passenger cars and light-duty trucks certifying to the 0.4 g/mi NOx standard shall be 0.55 g/mi NOx for 50,000 miles. If the in-use compliance level is above 0.4 g/mi NOx but does not exceed 0.55 g/mi NOx, and based on a review of information derived from a statistically valid and representative sample of vehicles, the Executive Officer determines that a substantial percentage of any class or category of such vehicles exhibits, prior to 50,000 miles or 5 years, whichever occurs first, an identifiable, systematic defect in a component listed in section 1960.1.5(c)(2), Title 13, California Code of Regulations, which causes a significant increase in emissions above those exhibited by vehicles free of such defects and of the same class or category and having the same period of use and mileage, then the Executive Officer may invoke the enforcement authority under subchapter 2.5, Title 13, California Code of Regulations commencing with section 2111, to require remedial action by the vehicle manufacturer. Such remedial action shall be limited to owner notification and repair or replacement of the defective component. As used in this section, the term "defect" shall not include failures which are the result of abuse, neglect, or improper maintenance. This provision is applicable for the 1993 model year only. [FN5] Diesel passenger cars and light-duty trucks certifying to these standards are subject to a particulate exhaust emission standard of 0.08 g/mi, determined on a 50,000 mile durability vehicle basis. [FN6] This set of standards is optional. A manufacturer may choose to certify to these standards pursuant to the conditions set forth in section 1960.1.5. [FN7] The emission standards in parenthesis are phase-in standards. For the 1993 model-year, each manufacturer must certify a minimum of 40% of their vehicles to the phase-in standards or the more stringent standards in section 1960.1 (g)(1). The percentage shall be applied to the manufacturer's total projected sales of California-certified passenger cars and light-duty trucks for the 1993 model year. For 1994 and subsequent model years, each manufacturer shall comply with the fleet average requirements specified in section 1960.1(g)(2). [FN8] The following conditions shall apply to the in-use compliance standards for 1993 and 1994 model-year passenger cars and light-duty trucks only. FNa. The in-use compliance standards for those passenger cars and light-duty trucks certifying to the 0.25 g/mi non-methane hydrocarbon and 3.4 g/mi carbon monoxide standards shall be 0.32 g/mi non-methane hydrocarbon and 5.2 g/mi carbon monoxide for 50,000 miles. FNb. The in-use compliance standards for those light-duty trucks certifying to the 0.32 g/mi non-methane hydrocarbon and 4.4 g/mi carbon monoxide standards shall be 0.41 g/mi non-methane hydrocarbon and 6.7 g/mi carbon monoxide for 50,000 miles. FNc. In-use compliance standards shall be waived beyond 50,000 miles. [FN9] All passenger cars and light-duty trucks, except those diesel vehicles certifying to optional 100,000 mile standards, are subject to non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen standards determined on a 50,000 mile durability basis and non-methane hydrocarbon and carbon monoxide standards determined on a 100,000 mile basis. _______________________________________________________________________________ _______________________________________________________________________________ (f)(2) "Tier 1" Exhaust Emission Standards for PCs and LDTs. The exhaust emissions from new 1995 through 2003 model Tier 1 passenger cars and light-duty trucks shall not exceed: ____ ____ 1995-2003 MODEL-YEARtier1PASSENGER CAR AND LIGHT-DUTY TRUCK EXHAUST EMISSIONS STANDARDS [FN5,6,8,10] (grams per mile) Loaded Durability Vehicle Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Type [FN1] (lbs.) (mi) Hydrocarbons Monoxide Nitrogen [FN2,7] [FN7] [FN1,3] PC All 50,000 0.25 3.4 0.4 [FN4] PC All 100,000 0.31 4.2 0.6 [FN9] Diesel PC All 100,000 0.31 4.2 1.0 (Option 2) LDT 0-3750 50,000 0.25 3.4 0.4 [FN4] LDT 0-3750 100,000 0.31 4.2 0.6 [FN9] Diesel LDT 0-3750 100,000 0.31 4.2 1.0 (Option 2) LDT 3751-5750 50,000 0.32 4.4 0.7 LDT 3751-5750 100,000 0.40 5.5 0.97 [FN9] Diesel LDT 3751-5750 100,000 0.40 5.5 1.5 (Option 1) [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. [FN2] For methanol- or ethanol-fueled vehicles certifying to these standards, including fuel-flexible vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent" (or "OMNMHCE"). [FN3] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall be not greater than 1.33 times the applicable passenger car standards and 2.00 times the applicable light-duty truck standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared. [FN4] Small volume manufacturers may choose to certify to an optional 0.7 g/mi NOx standard for the 1995 model-year only, pursuant to the conditions set forth in sections 1960.1 (f)(1) and 1960.1.5. [FN5] Diesel passenger cars and light-duty trucks certifying to these standards, are subject to a particulate exhaust emission standard of 0.08 g/mi, determined on a 50,000 mile durability vehicle basis. [FN6] For all vehicles, except those certifying to optional diesel standards, in-use compliance with the exhaust emission standards shall be limited to vehicles with less than 75,000 miles. [FN7] For the 1995 and 1996 model years, all manufacturers, except those certifying to optional diesel standards, are permitted alternative in-use compliance. Alternative in-use compliance is permitted for 60% of a manufacturer's vehicles in the 1995 model year and 20% of a manufacturer's vehicles in the 1996 model year. For the 1995 and 1996 model years, small volume manufacturers only are permitted alternative in-use compliance for 100% of the fleet. The percentages shall be applied to the manufacturer's total projected sales of California-certified passenger cars and light-duty trucks for the model year. "Alternative in-use compliance" shall consist of the following: FN a. For all passenger cars and those light-duty trucks from 0-3750 lbs. loaded vehicle weight, except those diesel vehicles certifying to optional 100,000 mile standards, in-use compliance standards shall be 0.32 g/mi non-methane hydrocarbon and 5.2 g/mi carbon monoxide for 50,000 miles. FN b. For light-duty trucks from 3751-5750 lbs., loaded vehicle weight, except those diesel light-duty trucks certifying to optional 100,000 mile standards, in-use compliance standards shall be 0.41 g/mi non-methane hydrocarbon and 6.7 g/mi carbon monoxide for 50,000 miles. FN c. In-use compliance standards shall be waived beyond 50,000 miles. [FN8] All passenger cars and light-duty trucks, except those diesel vehicles certifying to optional standards, are subject to non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen standards determined on a 50,000 mile durability basis and non-methane hydrocarbon and carbon monoxide standards determined on a 100,000 mile durability basis. [FN9] 100,000 mile NOx standards are applicable for 1996 and subsequent model-year vehicles. [FN10] Each manufacturer shall also comply with the requirements specified in section 1960.1(g)(2). _______________________________________________________________________________ _______________________________________________________________________________ (g)(1) "LEV I" Exhaust Emission Standards for PCs and LDTs.The exhaust emissions from new 1992 through 2003 model-year "LEV I" transitional low-emission vehicles, and new 1992 through 2006 model-year "LEV I" low-emission vehicles and ultra-low-emission vehicles, in the passenger car and light-duty truck classes shall not exceed: ____ ____ LEV I EXHAUST EMISSION STANDARDS FOR TRANSITIONAL LOW-EMISSION VEHICLES, LOW- EMISSION VEHICLES, ULTRA-LOW-EMISSION VEHICLES AND ZERO-EMISSION VEHICLES IN PASSENGER CAR AND LIGHT-DUTY TRUCK VEHICLE CLASSES [FN6,7,8,9,10] [grams per mile (or "g/mi")] Loaded Durability Vehicle Vehicle Vehicle Vehicle Weight Basis Emission Non-Methane Carbon Oxides of Type (lbs.) (mi) Category Organic Gases Monoxide Nitrogen [FN1] [FN2] [FN3,4] [FN5] PC and All 50,000 TLEV 0.125 3.4 0.4 LDT 0-3750 LEV 0.075 3.4 0.2 ULEV 0.040 1.7 0.2 100,000 TLEV 0.156 4.2 0.6 LEV 0.090 4.2 0.3 ULEV 0.055 2.1 0.3 LDT 3751-57- 50,000 TLEV 0.160 4.4 0.7 50 LEV 0.100 4.4 0.4 ULEV 0.050 2.2 0.4 100,000 TLEV 0.200 5.5 0.9 LEV 0.130 5.5 0.5 ULEV 0.070 2.8 0.5 [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. "LVW" means loaded vehicle weight. "Non-Methane Organic Gases" or "NMOG" means the total mass of oxygenated and non-oxygenated hydrocarbon emissions. [FN2] "TLEV" means transitional low-emission vehicle. "LEV" means low-emission vehicle. "ULEV" means ultra-low-emissions vehicle. [FN3] Compliance with NMOG Standard. To demonstrate compliance with an NMOG standard, NMOG emissions shall be measured in accordance with the "California Non-Methane Organic Gas Test Procedures" as adopted July 12, 1991 and last amended August 5, 1999, which is incorporated herein by reference. FNa.Reactivity Adjustment. For TLEVs, LEVs, and ULEVs certified to operate exclusively on any fuel other than conventional gasoline, and for fuel-flexible and dual-fuel TLEVs, LEVs, and ULEVs when certifying on a fuel other than gasoline, manufacturers shall multiply NMOG exhaust certification levels by the applicable reactivity adjustment factor set forth in section 13 of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in sections I.E.5. of the "California Exhaust Emission Standards and Text Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicels" as incorporated by reference in section 1961(d), or established by the Executive Officer pursuant to Appendix VIII or section II.D. respectively of the foregoing test procedures. In addition, natural gas vehicles certifying to TLEV, LEV, or ULEV standards shall calculate a reactivity-adjusted methane exhaust emission value by multiplying the methane exhaust certification level by the applicable methane reactivity adjustment factor set forth in section 13 or in section I.E.5. of the above referenced test procedures as applicable. The product of the NMOG exhaust certification levels and the reactivity adjustment factor shall be compared to the exhaust NMOG mass emission standards established for the particular vehicle emission category to determine compliance. For natural gas vehicles, the reactivity-adjusted NMOG value shall be added to the reactivity-adjusted methane value and then compared to the exhaust NMOG mass emission standards established for the particular vehicle emission category to determine compliance. FNb.Fleet Average Requirement. Each manufacturer shall certify PCs or LDTs to meet the exhaust mass emission standards for TLEVs, LEVs, ULEVs, or the exhaust emission standards of sections 1960.1 (e)(1), 1960.1 (f)(1), or 1960.1 (f)(2), Title 13, California Code of Regulations, or as Zero-Emission Vehicles such that the manufacturer's fleet average NMOG values for California-certified PCs and LDTs from 0-3750 lbs. LVW, and LDTs from 3751-5750 lbs. LVW produced and delivered for sale in California are less than or equal to the requirement for the corresponding Model Year, Vehicle Type, and LVW Class in section 1960.1 (g)(2), Title 13, California Code of Regulations. [FN4] NMOG Standards for Fuel-Flexible and Dual-Fuel Vehicles. Fuel-flexible and dual-fuel PCs and LDTs from 0-5750 lbs. LVW shall be certified to exhaust mass emission standards for NMOG established for the operation of the vehicle on any available fuel other than gasoline, and gasoline. FNa.Reactivity Adjustment. For TLEVs, LEVs, and ULEVs, when certifying for operation on a fuel other than gasoline, manufacturers shall multiply exhaust NMOG certification levels by the applicable reactivity adjustment factor. In addition to multiplying the exhaust NMOG certification levels by the applicable reactivity adjustment factor, exhaust methane certification levels for natural gas vehicles shall be multiplied by the applicable methane reactivity adjustment factor and the resulting value shall be added to the reactivity-adjusted NMOG value. The exhaust NMOG certification levels for fuel-flexible or dual-fuel vehicles when certifying on gasoline shall not be multiplied by a reactivity adjustment factor. FNb.Standards for Fuel-Flexible and Duel-Fuel Vehicles Operating on Gasoline.For PCs and LDTs from 0-5750 lbs. LVW, the applicable exhaust mass emission standard for NMOG when certifying the vehicle for operation on gasoline shall be: Vehicle Loaded Vehicle Emission Durability Vehicle Basis (g/mi) Type Weight (LVW) Category 50,000 Mile 100,000 Mile PCS, LDT All, 0-3750 TLEV 0.25 0.31 LEV 0.125 0.156 ULEV 0.075 0.090 LDT 3751-5750 TLEV 0.32 0.40 LEV 0.160 0.200 ULEV 0.100 0.130 [FN5] Highway NOx. The maximum projected emissions of "Oxides of Nitrogen" (or "NOx") measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR 600 Subpart B) shall be not greater than 1.33 times the applicable light-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared. [FN6] Intermediate In-Use Compliance Standards.The following standards are intermediate in-use compliance standards for 50,000 and 100,000 miles for PCs and LDTs from 0-5750 lbs. LVW, including fuel-flexible and dual-fuel vehicles when operating on any available fuel other than gasoline. Intermediate in-use compliance standards shall apply to TLEVs through the 1995 model year as follows: NMOG (g/mi) PCS and LDTs 0-3750 lbs. LVW 0.188 LDTs 3751-5750 lbs. LVW 0.238 In-use compliance with standards beyond 50,000 miles shall be waived through the 1995 model year for TLEVs, and through the 1998 model year for LEVs and ULEVs. For LEVs and ULEVs, the following intermediate in-use standards shall apply: Vehicle Durability LEV (g/mi) ULEV (g/mi) Type Vehicle Model NMOG NOx Model NMOG CO NOx Year Basis Year PCS, 0-3750 50.000 through 0.100 0.3 through 0.058 2.6 0.3 lb. LVW LDTs 1998 1998 50,000 1999 0.100 0.3 1999-2- 0.055 2.1 0.3 002 100,000 1999 0.125 0.4 1999-2- 0.075 3.4 0.4 002 3751-5750 50,000 through 0.128 0.5 through 0.075 3.3 0.5 lb. LVW LDTs 1998 1998 50,000 1999 0.130 0.5 1999-2- 0.070 2.8 0.5 002 100,000 1999 0.160 0.7 1999-2- 0.100 4.4 0.7 002 FNa.Reactivity Adjustment.For TLEVs, LEVs, and ULEVs designed to operate on any fuel other than conventional gasoline, including fuel-flexible and dual-fuel vehicles when operating on any fuel other than gasoline, exhaust NMOG mass emission results shall be multiplied by the applicable reactivity adjustment factor to determine compliance with intermediate in-use compliance standards for NMOG. In addition to multiplying the exhaust NMOG emission results by the applicable reactivity adjustment factor, the exhaust methane emission results for natural gas vehicles shall be multipled by the applicable methane reactivity adjustment factor and the resulting value shall be added to the reactivity-adjusted NMOG value. Exhaust NMOG mass emissions from fuel-flexible or dual-fuel vehicles when operating on gasoline shall not be multiplied by a reactivity adjustment factor. FNb.Intermediate In-Use Standards for Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline. For fuel-flexible and dual-fuel PCs and LDTs from 0-5750 lbs. LVW intermediate in-use compliance standards for NMOG emissions at 50,000 miles, when the vehicle is operated on gasoline, shall be: Vehicle Type Loaded Vehicle Emission Durability Vehicle Weight (LVW) Category Basis (g/mi) 50,000 mi PCS, LDT All. 0-3750 TLEV 0.32 LEV 0.188 ULEV 0.100 LDT 3751-5750 TLEV 0.41 LEV 0.238 ULEV 0.128 FNIntermediate in-use compliance standards shall apply to TLEVs through the 1995 model year, and to LEVs and ULEVs through the 1998 model year. In-use compliance with standards beyond 50,000 miles shall be waived through the 1995 model year for TLEVs and through the 1998 model year for LEVs and ULEVs. [FN7] Diesel Standards.Manufacturers of diesel vehicles shall also certify to particulate standards at 100,000 miles. For all PCs and LDTs from 0-3750 lbs. LVW, the particulate standard is 0.08 g/mi, 0.08 g/mi, and 0.04 g/mi for TLEVs, LEVs, and ULEVs, respectively. For LDTs from 3751-5750 lbs. LVW, the particulate standard is 0.10 g/mi, 0.10g/mi, and 0.05 g/mi for TLEVs, LEVs and ULEVs, respectively. For diesel vehicles certifying to the standards set forth in Title 13, section 1960.1(g)(1), "NMOG" shall mean non-methane hydrocarbons. [FN8] 50 <> F Requirement.Manufacturers shall demonstrate compliance with the above standards for NMOG, CO, and NOx at 50 degrees F according to the procedure specified in section 11k of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or according to the procedure specified in section II.C. of the "California Exhaust Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1961(d), as applicable. Hybrid electric, natural gas, and diesel-fueled vehicles shall be exempt from 50 degrees F test requirements. [FN9] Limit on In-Use Testing.In-use compliance testing shall be limited to vehicles with fewer than 75,000 miles. [FN10] HEV Requirements.Deterioration factors for hybrid electric vehicles shall be based on the emissions and mileage accumulation of the auxiliary power unit. For certification purposes only, Type A hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors), and demonstrating compliance with 100,000 mile emission standards shall not be required. For certification purposes only, Type B hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 100,000 mile emission standards (using 75,000 mile deterioration factors). For certification purposes only, Type C hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 100,000 mile emission standards (using 100,000 mile deterioration factors). [FN11] NMOG Credit for Direct Ozone Reduction Technology. A manufacturer that certifies vehicles equipped with direct ozone reduction technologies shall be eligible to receive NMOG credits that can be applied to the NMOG exhaust emissions of the vehicle when determining compliance with the standard. In order to receive credit, the manufacturer must submit the following information for each vehicle model, including, but not limited to: FN(a) a demonstration of the airflow rate through the direct ozone reduction device and the ozone-reducing efficiency of the device over the range of speeds encountered in the SFTP test cycle; FN(b) an evaluation of the durability of the device for the full useful life of the vehicle; and FN(c) a description of the on-board diagnostic strategy for monitoring the performance of the device in-use. FNUsing the above information, the Executive Officer shall determine the value of the NMOG credit based on the calculated change in the one-hour peak ozone level using an approved airshed model. ____ ____ (g)(2) The fleet average non-methane organic gas exhaust emission values from passenger cars and light-duty trucks produced and delivered for sale in California by a manufacturer each model year from 1994 through 2000 shall not exceed: ____ ____ FLEET AVERAGE NON-METHANE ORGANIC GAS EXHAUST EMISSION REQUIREMENTS FOR LIGHT- DUTY VEHICLE WEIGHT CLASSES [FN7,8,9] [grams per mile (or "g/mi")] Loaded Durability Vehicle Vehicle Fleet Average Vehicle Weight Basis Model Non-Methane Type [FN1] (lbs.) (mi) Year Organic Gases PC and All 50,000 1994 0.250 LDT 0-3750 1995 0.231 1996 0.225 1997 0.202 1998 0.157 1999 0.113 2000 0.073 LDT 3751-5750 50,000 1994 0.320 1995 0.295 1996 0.287 1997 0.260 1998 0.205 1999 0.150 2000 0.099 _______________________________________________________________________________ _______________________________________________________________________________ [FN1] "PC" means passenger cars. "LDT" means light-duty trucks. "TLEV" means transitional low-emission vehicle. "LEV" means low-emission vehicle. "ULEV" means ultra-low-emission vehicle. "LVW" means loaded vehicle weight. [FN2] "Non-Methane Organic Gases" (or "NMOG") means the total mass of oxygenated and non-oxygenated hydrocarbon emissions. [FN3] HEV Categories.For the purpose of calculating fleet average NMOG values, a manufacturer may adjust the certification levels of hybrid electric vehicles (or "HEVs") based on the range of the HEV without the use of the engine. For the purpose of calculating the adjusted NMOG emissions, the following definitions shall apply: FN "Type A HEV" shall mean an HEV which achieves a minimum range of 60 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "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 section 1961(d), as applicable. FN "Type B HEV" shall mean an HEV which achieves a range of 40-59 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "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 section 1961(d), as applicable. FN "Type C HEV" shall mean an HEV which achieves a range of 0-39 miles over the All-Electric Range Test as defined in "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "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 section 1961(d), as applicable, and all other HEVs excluding "Type A" and "Type B" HEVs. FNa. For the purpose of calculating fleet average NMOG values, vehicles which have no tailpipe emissions but use fuel-fired heaters and which are not certified as ZEVs shall be treated as "Type A HEV ULEVs." [FN4] Calculation of Fleet Average NMOG Value (PCS and LDTs 0-3750 lbs. LVW).Each manufacturer's fleet average NMOG value for the total number of PCs and LDTs from 0-3750 lbs. LVW produced and delivered for sale in California shall be calculated in units of g/mi NMOG according to the following equation, where the term "Produced" means produced and delivered for sale in California: FN([(No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1(e)(1) and Produced) x (0.39)] + FN[No. of Vehicles Certified to the Phase-In Exhaust Emission Standards in section 1960.1(f)(1) and Produced x (0.25)] + FN[No. of Vehicles Certified to the Phase-Out Exhaust Emission Standards in section 1960.1(f)(1) and Produced x (0.39)] + FN[(No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1(f)(2) and Produced) x (0.25)] + FN[(No. of TLEVs excluding HEVs and Produced) x (0.125)] + FN[(No. of LEVs excluding HEVs and Produced) x (0.075)] + FN[(No. of ULEVs excluding HEVs and Produced) x (0.040)] + FN(HEV contribution factor))P FN(Total No. of Vehicles Produced, Including Zero-Emission Vehicles and HEVs): FNa. "HEV contribution factor" shall mean the NMOG emission contribution of HEVs to the fleet average NMOG value. The HEV contribution factor shall be calculated in units of g/mi as follows, where the term "Produced" means produced and delivered for sale in California: FNHEV contribution factor = ([No. of "Type A HEV" TLEVs Produced] x (0.100) + FN[No. of "Type B HEV" TLEVs Produced] x (0.113) + FN[No. of "Type C HEV" TLEVs Produced] x (0.125)) + FN([No. of "Type A HEV" LEVs Produced] x (0.057) + FN[No. of "Type B HEV" LEVs Produced] x (0.066) + FN[No. of "Type C HEV" LEVs Produced] x (0.075)) + FN([No. of "Type A HEV" ULEVs Produced] x (0.020) + FN[No. of "Type B HEV" ULEVs Produced] x (0.030) + FN[No. of "Type C HEV" ULEVs Produced] x (0.040)) FNb. "Zero-Emission Vehicles" (or "ZEVs") classified as LDTs 3751-5750 lbs. LVW which have been counted toward the ZEV requirements for PCs and LDTs 0-3750 lbs. LVW as specified in note (9) shall be included in the equation of note (4). FNc. Beginning with the 1996 model year, manufacturers that produce and deliver for sale in California PCs and LDTs 0-3750 lbs. LVW that are certified to federal Tier I exhaust emission standards in 40 CFR 86.094-8 and 86.094-9 shall add the following term to the numerator of the fleet average NMOG equation in note (4) and calculate their fleet average NMOG values accordingly: FN[(No. of Vehicles Certified to federal Tier I exhaust emission standards and Produced) x (0.25)] [FN5] Calculation of Fleet Average NMOG Value (LDTs 3751-5750 lbs. LVW).Manufacturers that certify LDTs from 3751-5750 lbs. LVW, shall calculate a fleet average NMOG value in units of g/mi NMOG according to the following equation, where the term "Produced" means produced and delivered for sale in California: FN([(No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1(e)(1), and Produced x (0.50)] + FN[(No. of Vehicles Certified to the Phase-In Exhaust Emission Standards in section 1960.1(f)(1), and Produced x (0.32)] + FN[No. of Vehicles Certified to the Phase-Out Exhaust Standards in section 1960.1(f)(1), and Produced x (0.50)] + FN[(No. of Vehicles Certified to the Exhaust Emission Standards in section 1960.1(f)(2), and Produced x (0.32)] + FN[(No. of TLEVs Produced excluding HEVs) x (0.160)] + FN[(No. of LEVs Produced excluding HEVs) x (0.100)] + FN[(No. of ULEVs Produced excluding HEVs) x (0.050)] + (HEV contribution factor))P FN(Total No. of Vehicles Produced, Including ZEVs and HEVs). FNa. "HEV contribution factor" shall mean the NMOG emission contribution of HEVs to the fleet average NMOG. The HEV contribution factor shall be calculated in units of g/mi as follows, where the term "Produced" means produced and delivered for sale in California: FNHEV contribution factor = FN([No. of "Type A HEV" TLEVs Produced] x (0.130) + FN[No. of "Type B HEV" TLEVs Produced] x (0.145) + FN[No. of "Type C HEV" TLEVs Produced] x (0.160)) + FN([No. of "Type A HEV" LEVs Produced] x (0.075) + FN[No. of "Type B HEV" LEVs Produced] x (0.087) + FN[No. of "Type C HEV" LEVs Produced] x (0.100)) + FN([No. of "Type A HEV" ULEVs Produced] x (0.025) + FN[No. of "Type B HEV" ULEVs Produced] x (0.037) + FN[No. of "Type C HEV" ULEVs Produced] x (0.050)) FNb. Only ZEVs which have been certified as LDTs 3751-5750 lbs. LVW and which have not been counted toward the ZEV requirements for PCs and LDTs 0-3750 lbs. LVW as specified in note (9) shall be included in the equation of note (5). FNc. In the 2000 model year, small volume manufacturers shall not exceed a fleet average NMOG value of 0.100 g/mi for LDTs from 3751-5750 lbs. LVW calculated in accordance with note (5). FNd. If a manufacturer's average California sales exceeds 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply with the fleet average requirements applicable for larger manufacturers as specified in section 1960.1(g)(2) beginning with the fourth model year after the last of the three consecutive model years. FNe. If a manufacturer's average California sales falls below 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to requirements for small volume manufacturers as specified in section 1960.1(g)(2) beginning with the next model year. [FN7] Calculation of NMOG Credits/Debits and Procedures for Offsetting Debits. FNa. In 1992 through 2000 model years, manufacturers that achieve fleet average NMOG values lower than the fleet average NMOG requirement for the corresponding model year shall receive credits in units of g/mi NMOG determined as: ([(Fleet Average NMOG Requirement) - (Manufacturer's Fleet Average NMOG Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs)). FNManufacturers with fleet average NMOG values greater than the fleet average requirement for the corresponding model year shall receive debits in units of g/mi NMOG equal to the amount of negative credits determined by the aforementioned equation. For any given model year, the total g/mi NMOG credits or debits earned for PCs and LDTs 0-3750 lbs. LVW and for LDTs 3751-5750 lbs. LVW shall be summed together. The resulting amount shall constitute the g/mi NMOG credits or debits accrued by the manufacturer for the model year. FNb. For the 1994 through 1997 model years, manufacturers shall equalize emission debits within three model years and prior to the end of the 1998 model year by earning g/mi NMOG emission credits in an amount equal to their g/mi NMOG debits, or by submitting a commensurate amount of g/mi NMOG credits to the Executive Officer that were earned previously or acquired from another manufacturer. For 1998 through 2000 model years, manufacturers shall equalize emission debits by the end of the following model year. If emission debits are not equalized within the specified time period, the manufacturer shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board's emission standards shall be determined by dividing the total amount of g/mi NMOG emission debits for the model year by the g/mi NMOG fleet average requirement for PCs and LDTs 0-3750 lbs. LVW applicable for the model year in which the debits were first incurred. FNc. The g/mi NMOG emission credits earned in any given model year shall retain full value through the subsequent model year. The g/mi NMOG value of any credits not used to equalize the previous model-year's debit, shall be discounted by 50% at the beginning of the second model year after being earned, discounted to 25% of its original value if not used by the beginning of the third model year after being earned, and will have no value if not used by the beginning of the fourth model year after being earned. FNd. In order to verify the status of a manufacturer's compliance with the fleet average requirements for a given model year, and in order to confirm the accrual of NMOG credits or debits, each manufacturer shall submit an annual report to the Executive Office which sets forth the production data used to establish compliance, by no later than March 1 of the calendar year following the close of the completed model year. [FN8] Credits for Pre-1994 Model Year Vehicles.Manufacturers that produce and deliver for sale in California vehicles certified to the phase-in exhaust emission standards in section 1960.1(f)(1), or vehicles certified to the exhaust emission standards in sections 1960.1(f)(2) or 1960.1(g)(1) and/or ZEVs, in the 1992 and 1993 model years, shall receive emission credits as determined by the equations in footnotes (4), (5), and (7). FNa. For PCs and LDTs from 0-3750 lbs. LVW, the fleet average NMOG requirement for calculating a manufacturer's emission credits shall be 0.390 and 0.334 g/mi NMOG for vehicles certified for the 1992 and 1993 model years, respectively. FNb. For LDTs from 3751-5750 lbs. LVW, the fleet average NMOG requirement for calculating a manufacturer's emission credits shall be 0.500 and 0.428 g/mi NMOG for vehicles certified for the 1992 and 1993 model years, respectively. FNc. Emission credits earned prior to the 1994 model year shall be considered as earned in the 1994 model year and discounted in accordance with the schedule specified in footnote (7). [FN6] Requirements for Small Volume Manufacturers.As used in this subsection, the term "small volume manufacturer" shall mean any vehicle manufacturer with California sales less than or equal to 3000 new PCs, LDTs and MDVs per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1991, except as noted below. For manufacturers certifying for the first time in California, model-year sales shall be based on projected California sales. In 2000 and subsequent model years, small volume manufacturers shall comply with the fleet average NMOG requirements set forth below. FNa. Prior to the model year 2000, compliance with the specified fleet average NMOG requirements shall be waived. FNb. In the 2000 model year, small volume manufacturers shall not exceed a fleet average NMOG value of 0.075 g/mi for PCs and LDTs from 0-3750 lbs. LVW calculated in accordance with note (4). FNc. Beginning with the 1996 model year, manufacturers that produce and deliver for sale in California LDTs 3751-5750 lbs. LVW that are certified to the Tier I exhaust emission standards in 40 CFR 86.094-9 shall add the following term to the numerator of the fleet average NMOG equation in note (5) and calculate their fleet average NMOG values accordingly: [(No. of Vehicles Certified to federal Tier I exhaust emission standards and Produced and Delivered for Sale in California) x (0.32)] (h)(1) "Tier 1" Exhaust Emission Standards for MDVs. The exhaust emissions from new 1995 through 2003 model Tier 1 medium-duty vehicles shall not exceed: ____ ____ 1995-2003 MODEL-YEAR TIER 1 MEDIUM-DUTY VEHICLE EXHAUST EMISSIONS STANDARDS [FN1,2,3,7,8] (grams per mile) Durability Test Vehicle Non-Methane Carbon Oxides of Weight(lbs.) Basis(mi) Hydrocarbons Monoxide Nitrogen Particulates [FN4] [FN5] [FN6] 0-3,750 50,000 0.25 3.4 0.4 n/a 0-3,750 120,000 0.36 5.0 0.55 0.08 3,751-5,750 50,000 0.32 4.4 0.7 n/a 3,751-5,750 120,000 0.46 6.4 0.98 0.10 5,751-8,500 50,000 0.39 5.0 1.1 n/a 5,751-8,500 120,000 0.56 7.3 1.53 0.12 8,501-10,000 50,000 0.46 5.5 1.3 n/a 8,501-10,000 120,000 0.66 8.1 1.81 0.12 10,001-14,000 50,000 0.60 7.0 2.0 n/a 10,001-14,000 120,000 0.86 10.3 2.77 0.12 _______________________________________________________________________________ _______________________________________________________________________________ [FN1] "n/a" means not applicable. "Test Weight" shall mean the average of the vehicle's curb weight and gross vehicle weight. [FN2] Manufacturers have the option of certifying engines used in incomplete and diesel medium-duty vehicles from 8501-14,000 pounds, gross vehicle weight to the heavy-duty engine standards and test procedures set forth in section 1956.8(e), Title 13, California Code of Regulations. Manufacturers certifying incomplete or diesel medium-duty vehicles to the heavy-duty engine standards and test procedures shall specify, in the application for certification, an in-use compliance test procedure, as provided in section 2139(c), Title 13, California Code of Regulations. [FN3] For the 1995 model-year only, manufacturers of medium-duty vehicles may certify a maximum of 50 percent of their vehicles to the applicable 1994 model-year standards and test procedures. For the 1995 model year only, small volume manufacturers may certify 100 percent of their vehicles to the applicable 1994 model-year standards and test procedures. The percentage shall be based upon each manufacturer's projected sales of California-certified medium-duty vehicles. [FN4] For methanol- and ethanol-fueled vehicles certifying to these standards, including flexible-fueled vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent" (or "OMNMHCE"). [FN5] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall be not greater than 2.00 times the applicable medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standards shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared. [FN6] Particulate standards are only applicable for diesel vehicles and shall be determined on a 120,000 mile basis. [FN7] In-use compliance testing shall be limited to vehicles with less than 90,000 miles. For the 1995 through 1997 models, alternative in-use compliance is available for medium-duty vehicle manufacturers. A manufacturer may use alternative in-use compliance for up to 100 percent of its fleet in the 1995 and 1996 model years and up to 50 percent of its fleet in the 1997 model year. Small volume manufacturers may use alternative in-use compliance for up to 100 percent of their fleets in the 1995 through 1997 model years. The percentages shall be determined from the manufacturers' projected California sales of medium-duty vehicles. For vehicles certified to the standards and test procedures of this subsection, "alternative in-use compliance" shall consist of an in-use allowance of 25 percent over the applicable 1995 model-year non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen 50,000 mile emission standards and a waiver of the emission standards beyond 50,000 miles. [FN8] All medium-duty vehicles, except diesel-fueled vehicles and those incomplete and diesel vehicles certifying to heavy-duty engine test procedures, are subject to 50,000 mile and 120,000 mile non-methane hydrocarbon, carbon monoxide, and oxides of nitrogen standards. Diesel-fueled vehicles shall be subject to 120,000 mile non-methane hydrocarbon, carbon monoxide, oxides of nitrogen, and particulate standards only. (h)(2) "LEV I" Exhaust Emission Standards for MDVs.The exhaust emissions from new 1992 through 2006 model-year medium-duty LEV I low-emission vehicles, ultra-low-emission vehicles and super-ultra-low-emission vehicles shall not exceed: ____ ____ LEV I EXHAUST EMISSION STANDARDS FOR LOW-EMISSION VEHICLES, ULTRA-LOW-EMISSION VEHICLES AND SUPER-ULTRA-LOW-EMISSION VEHICLES IN THE MEDIUM-DUTY VEHICLE WEIGHT CLASS [FN8,9,10,11,12,13,14,15,16][gramspermile(or"g/mi")] Durability Vehicle Vehicle Test Basis Emission Non-Methane Carbon Oxides of Weight (mi) Category Organic Gases Monoxide Nitrogen Particu- (lbs.) [FN2] [FN3,4] [FN5] lates [FN1] [FN6,- 7] 0-3750 50,000 LEV 0.125 3.4 0.4 n/a ULEV 0.075 1.7 0.2 n/a 120,000 LEV 0.180 5.0 0.6 0.08 ULEV 0.107 2.5 0.3 0.04 3751-5750 50,000 LEV 0.160 4.4 0.4 n/a ULEV 0.100 4.4 0.4 n/a SULEV 0.050 2.2 0.2 n/a 120,000 LEV 0.230 6.4 0.6 0.10 ULEV 0.143 6.4 0.6 0.05 SULEV 0.072 3.2 0.3 0.05 5751-8500 50,000 LEV 0.195 5.0 0.6 n/a ULEV 0.117 5.0 0.6 n/a SULEV 0.059 2.5 0.3 n/a 120,000 LEV 0.280 7.3 0.9 0.12 ULEV 0.167 7.3 0.9 0.06 SULEV 0.084 3.7 0.45 0.06 8501- 50,000 LEV 0.230 5.5 0.7 n/a 10,000 ULEV 0.138 5.5 0.7 n/a SULEV 0.069 2.8 0.35 n/a 120,000 LEV 0.330 8.1 1.0 0.12 ULEV 0.197 8.1 1.0 0.06 SULEV 0.100 4.1 0.5 0.06 10,001- 50,000 LEV 0.300 7.0 1.0 n/a 14,000 ULEV 0.180 7.0 1.0 n/a SULEV 0.09 3.5 0.5 n/a 120,000 LEV 0.430 10.3 1.5 0.12 ULEV 0.257 10.3 1.5 0.06 SULEV 0.130 5.2 0.7 0.06 _______________________________________________________________________________ _______________________________________________________________________________ [FN1] "Test Weight" (or "TW") shall mean the average of the vehicle's curb weight and gross vehicle weight. "Non-Methane Organic Gases" (or "NMOG") means the total mass of oxygenated and non-oxygenated hydrocarbon emissions. [FN2] "LEV" means low-emission vehicle. "ULEV" means ultra-low-emission vehicle. "SULEV" means super-ultra-low-emission vehicle. [FN3] Compliance with NMOG Standards.To determine compliance with an NMOG standard, NMOG emissions shall be measured in accordance with the "California Non-Methane Organic Gas Test Procedures" adopted July 12, 1991 and last amended July 30, 2002, which is incorporated herein by reference. a.Reactivity Adjustment.For LEVs and ULEVs certified to operate on an available fuel other than conventional gasoline, including fuel-flexible or dual-fuel vehicles when certifying on a fuel other than gasoline, manufacturers shall multiply the exhaust NMOG certification levels by the applicable reactivity adjustment factor set forth in section 13 of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in section I.E.5. of the "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 section 1961(d), or established by the Executive Officer pursuant to Appendix VIII or section II.D. respectively of the foregoing test procedures. In addition, natural gas vehicles certifying to LEV or ULEV standards shall calculate a reactivity-adjusted methane exhaust emission value by multiplying the methane exhaust certification level by the applicable methane reactivity adjustment factor set forth in section 13 or in section I.E.5.of the above-referenced test procedures as applicable. The product of the exhaust NMOG certification levels and the reactivity adjustment factor shall be compared to the exhaust NMOG mass emission standard established for the particular vehicle emission category to determine compliance. For natural gas vehicles, the reactivity-adjusted NMOG value shall be added to the reactivity-adjusted methane value and then compared to the exhaust NMOG mass emission standards established for the particular vehicle emission category to determine compliance. b.Pre-1998 NOx standards.Prior to the 1998 model year, the 50,000 mile and 120,000 mile LEV exhaust mass emission standards for NOx shall be: 0.7 and 1.0 g/mi for MDVs from 3751-5750 lbs. TW, 1.1 and 1.5 g/mi MDVs from 5751-8500 lbs. TW, 1.3 and 1.8 g/mi for MDVs from 8501-10,000 lbs. TW, and 2.0 and 2.8 g/mi for MDVs from 10,001-14,000 lbs. TW, respectively. [FN4] NMOG Standards for Fuel-Flexible and Dual-Fuel Vehicles.Fuel-flexible and dual-fuel medium-duty vehicles (or "MDVs") from 0-14,000 lbs. TW shall be certified to exhaust mass emission standards for NMOG established for the operation of the vehicle on a fuel other than gasoline, and gasoline. a.Reactivity Adjustment.For LEVs and ULEVs when certifying on the fuel other than gasoline, manufactures shall multiply the exhaust NMOG certification levels by the applicable reactivity adjustment factor. In addition to multiplying the exhaust NMOG certification levels by the applicable reactivity adjustment factor, the exhaust methane certification level for natural gas vehicles shall be multipled by the applicable methane reactivity adjustment factor and the resulting value shall be added to the reactivity-adjusted NMOG value. When certifying on gasoline, the exhaust NMOG certification levels of fuel-flexible and dual-fuel vehicles shall not be multiplied by a reactivity adjustment factor. b.Standards for Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline.For MDVs from 14,000 lbs. TW, the applicable exhaust mass emission standard for NMOG when certifying the vehicle for operation on gasoline shall be: Test Weight Vehicle Emission 50,000 120,000 (lbs.) Category (g/mi) (g/mi) 0-3750 LEV 0.25 0.36 ULEV 0.125 0.180 3751-5750 LEV 0.32 0.46 ULEV 0.160 0.230 SULEV 0.100 0.143 5751-8500 LEV 0.39 0.56 ULEV 0.195 0.280 SULEV 0.117 0.167 8501-10,000 LEV 0.46 0.66 ULEV 0.230 0.330 SULEV 0.138 0.197 10,001-14,000 LEV 0.60 0.86 ULEV 0.300 0.430 SULEV 0.180 0.257 [FN5] Highway NOx.The maximum projected emissions of "Oxides of Nitrogen" (or "NOx") measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600 Subpart B) shall be not greater than 2.00 times the applicable MDV standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi before being compared. [FN6] Particulate standards are only applicable for diesel vehicles and shall be determined on a 120,000 mile basis. [FN7] "n/a" means not applicable. [FN8] Certification of Incomplete and Diesel Vehicles.Manufacturers have the option of certifying engines used in incomplete and diesel MDVs to the heavy-duty engine standards and test procedures set forth in section 1956.8(g) or (h), Title 13, California Code of Regulations. Manufacturers certifying incomplete or diesel MDVs to the heavy-duty engine standards and test procedures shall specify in the application for certification an in-use compliance procedure as provided in section 2139(c), Title 13, California Code of Regulations. For diesel vehicles certifying to the standards set forth in Title 13, section 1960.1(h)(2), "NMOG" shall mean non-methane hydrocarbons. [FN9] Intermediate In-Use Compliance Standards.The following intermediate in-use compliance standards for 50,000 miles and 120,000 miles for MDVs from 3751-14,000 lbs. TW, including fuel-flexible and dual-fuel vehicles when operating on an available fuel other than gasoline, shall apply for the specified model years only: [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* Emission Model Durability 3751-5750 lbs. Category Year Vehicle Basis (mi) NMOG NOx NMOG NOx LEV through 50,000 0.238 0.7 0.293 1.1 1997 1998- 50,000 0.238 0.6 0.293 0.9 0.345 1999 2000 50,000 -- 0.6 -- 0.9 -- 2000 120,000 -- 0.8 -- 1.2 -- ULEV through 50,000 0.128 0.6 0.156 0.9 1999 2000 50,000 0.128 0.6 0.156 0.9 0.184 2000 120,000 0.160 0.8 0.195 1.2 0.230 2001- 50,000 0.128 -- 0.156 -- 0.184 2002 2001- 120,000 0.160 -- 0.195 -- 0.230 2002 SULEV through 50,000 0.072 0.3 0.084 0.45 2002 2002 120,000 0.100 0.4 0.117 0.6 0.138 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70.. ******************************************************************************* ******* This is piece 2. -- It begins at character 73 of table line 1. ******** ******************************************************************************* 5751-8500 lbs. 8501-10,000 lbs. 10,001-14,000 lbs. NMOG NOx NMOG NOx 0.345 1.3 0.450 2.0 1.0 0.450 1.5 1.0 -- 1.5 1.3 -- 2.0 0.184 1.0 0.240 1.5 1.0 0.240 1.5 1.3 0.300 2.0 -- 0.240 -- -- 0.300 -- 0.100 0.5 0.130 0.7 0.65 0.180 1.0 73....80....+...90....+....0....+...10....+...20....+...30.. Intermediate In-Use Compliance Standards [FNa1] (in grams per mile) In-use compliance with standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs and ULEVs and through the 2001 model year for SULEVs. Dashes mean that the standard in the section (h)92) table applies. [FNa1] Dashes mean that the standard in the section (h)(2) table applies. a.Reactivity Adjustment.For LEVs and ULEVs designed to operate on any available fuel other than conventional gasoline, including fuel-flexible and dual-fuel vehicles when operating on any available fuel other than gasoline, NMOG exhaust mass emission results shall be multiplied by the applicable reactivity adjustment factor to determine compliance with intermediate in-use compliance standards for NMOG. In addition to multiplying the exhaust NMOG mass emission results by the applicable reactivity adjustment factor, natural gas vehicles shall multiply the exhaust methane mass emission results by the applicable methane reactivity adjustment factor and add that value to the reactivity-adjusted NMOG value. For fuel-flexible and dual-fuel vehicles when operating on gasoline, NMOG emission results shall not be multiplied by a reactivity adjustment factor. b.Gasoline Standards for Fuel-Flexible and Dual-Fuel Vehicles.For fuel-flexible and dual-fuel MDVs from 0-14,000 lbs. TW, intermediate in-use compliance standards for NMOG emissions at 50,000 miles when the vehicle is operated on gasoline, shall be: Fuel-Flexible and Dual-Fuel MDVs Intermediate In-Use Compliance Standards Test Weight (lbs.) Vehicle Emission Category 50,000 (g/mi) 0-3750 LEV 0.32 ULEV 0.188 3751-5750 LEV 0.41 ULEV 0.238 SULEV 0.128 5751-8500 LEV 0.49 ULEV 0.293 SULEV 0.156 8501-10,000 LEV 0.58 ULEV 0.345 SULEV 0.184 10,000-14,000 LEV 0.75 ULEV 0.450 SULEV 0.240 Intermediate in-use compliance standards shall apply to LEVs and ULEVs through the 1999 model year and to SULEVs through the 2001 model year. Compliance with the standards beyond 50,000 miles shall be waived through the 1999 model year for LEVs and ULEVs and through the 2001 model year for SULEVs. [FN10] Medium-Duty Vehicle Phase-In Requirements.Each manufacturer's MDV fleet shall be defined as the total number of MDVs from 0-14,000 lbs. TW certified and produced and delivered for sale in California. a. Manufacturers of MDVs shall certify an equivalent percentage of their MDV fleet according to the following phase-in schedule: Model Vehicles Certified to Vehicles Certified to Title 13 CCR Title 13 CCR Year Section 1960.1(h)(1) or Section 1956.8(g) or (h)(2) (h) (%) (%) Tier 1 LEV ULEV Tier 1 LEV ULEV 1998 73 25 2 100 0 0 1999 48 50 2 100 0 0 2000 23 75 2 100 0 0 c. The percentages shall be appled to the manufacturer's total production of California-certified medium-duty vehicles delivered for sale in California. d. These requirements shall not apply to small volume manufacturers. Small volume manufacturers shall comply with the requirements of note (16) below. [FN11] Definition of HEV.For the purpose of calculating "Vehicle Equivalent Credits" (or "VECs"), the contribution of hybrid electric vehicles (or "HEVs") will be calculated based on the range of the HEV without the use of the engine. For the purpose of calculating the contribution of HEVs to the VECs, the following definitions shall apply: "Type A HEV" shall mean an HEV which achieves a minimum range of 60 miles over the All-Electric Range Test as defined in the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "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 section 1961(d), as applicable. "Type B HEV" shall mean an HEV which achieves a range of 40-59 miles over the All-Electric Range Test as defined in the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "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 section 1961(d), as applicable. "Type C HEV" shall mean an HEV which achieves a range of 0-39 miles over the All-Electric Range Test as defined in the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or in "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 section 1961(d), as applicable, and all other HEVs excluding "Type A" and "Type B" HEVs. a. For the purpose of calculating VECs, electric vehicles which utilize fuel fired heaters and which are not otherwise certified as ZEVs shall be treated as "Type A HEV ULEVs." [FN12] Calculation of Vehicle Equivalent Credits. In 1992 through 2000 model years, manufacturers that produce and deliver for sale in California MDVs in excess of the equivalent requirements for LEVs and/or ULEVs certified to the exhaust emission standards set forth in this section (h)(2) or Title 13, CCR Section 1956.8(h), shall receive VECs calculated in accordance with the following equation, where the term "Produced" means produced and delivered for sale in California: ([(No. of LEVs Produced excluding HEVs) + (No. of "Type C HEV" LEVs Produced)] + [(No. of "Type A HEV" LEVs Produced) x (1.2)] + [(No. of "Type B HEV" LEVs Produced) x (1.1)] - (Equivalent No. of LEVs Required to be Produced))+ ((1.4) x [(No. of ULEVs Produced excluding HEVs) + (No. of "Type C HEV" ULEVs Produced) ] + [(1.7) x (No. of "Type A HEV" ULEVs Produced)] + [(1.5) x (No. of "Type B HEV" ULEVs Produced) ] - [(1.4) x (Equivalent No. of ULEVs Required to be Produced)]) + ([(1.7) x [(No. of SULEVs Produced excluding HEVs) + (No. of "Type C HEV" SULEVs Produced)] + [(No. of "Type A HEV" SULEVs Produced) x (1.7)] + [(No. of "Type B HEV" SULEVs) x (1.5)] - [(1.7) x [(Equivalent No. of SULEVs Required to be Produced)]) + [(2.0) x (No. of ZEVs Certified and Produced as MDVs)]. a. Manufacturers that fail to produce and deliver for sale in California the equivalent quantity of MDVs certified to LEV and/or ULEV exhaust emission standards, shall receive "Vehicle-Equivalent Debits" (or "VEDs") equal to the amount of negative VECs determined by the aforementioned equation. [FN13] 50 <> F Requirement.Manufacturers shall demonstrate compliance with the above standards for NMOG, carbon monoxide, and oxides of nitrogen at 50 degrees F according to the procedures specified in section 11k of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), or according to the procedure specified in section II.C. of the "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 section 1961(d), as applicable. Hybrid electric, natural gas, and diesel-fuel vehicles shall be exempt from 50 degrees F test requirements. [FN14] In-use compliance testing shall be limited to vehicles with fewer than 90,000 miles. [FN15] HEV Requirements.Deterioration factors for hybrid electric vehicles shall be based on the emissions and mileage accumulation of the auxiliary power unit. For certification purposes only, Type A hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors), and demonstrating compliance with 120,000 mile emission standards shall not be required. For certification purposes only, Type B hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors). For certification purposes only, Type C hybrid electric vehicles shall demonstrate compliance with 50,000 mile emission standards (using 50,000 mile deterioration factors) and 120,000 mile emission standards (using 120,000 mile deterioration factors). [FN16] Requirements for Small Volume Manufacturers.As used in Section 1960.1(h)(2), the term "small volume manufacturer" shall mean any vehicle manufacturer with California sales less than or equal to 3000 new PCs, LDTs, and MDVs per model year based on the average number of vehicles sold by the manufacturer each model year from 1992 to 1994, except as otherwise noted below. For manufacturers certifying for the first time in California, model-year sales shall be based on projected California sales. a. Prior to the model year 2001, small volume manufacturers shall not be required to certify, produce, or deliver LEVs and ULEVs for sale in California. b. If a manufacturer's average California sales exceeds 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply with the LEV and ULEV requirements applicable for larger manufacturers as specified in 1960.1(h)(2) beginning with the fourth model year after the last of the three consecutive model years. c. If a manufacturer's average California sales falls below 3000 units of new PCs, LDTs, and MDVs based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to requirements for small volume manufacturers as specified in 1960.1(h)(2) beginning with the next model year. d. The value of any VECs not used to equalize the previous model-year's debit, shall be discounted by 50% at the beginning of second model year after being earned, discounted to 25% of its original value if not depleted by the beginning of the third model year after being earned, and will have no value if not used by the beginning of the fourth model year after being earned. e. Any VECs earned prior to the 1998 model year shall be treated as earned in the 1998 model year and discounted in accordance with the schedule specified in note (12)d. f. Only ZEVs certified as MDVs shall be included in the calculation of VECs. g. In order to verify the status of a manufacturer's compliance with the phase-in requirements of this section and in order to confirm the accrual of VECs or VEDs, each manufacturer shall submit an annual report to the Executive Officer which sets forth the production data used to establish compliance by no later than March 1 of the calendar year following the close of the model year. b. Manufacturers shall equalize emission debits within one model year by earning VECs in an amount equal to their previous model-year's total of VEDs, or by submitting a commensurate amount of VECs to the Executive Officer that were earned previously or acquired from another manufacturer. Any manufacturer which fails to equalize emission debits within the specified time period shall be subject to the Health and Safety Code civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized by the end of the specified time period, for the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board's emission standards shall be equal to the amount of VEDs incurred. c. The VECs earned in any given model year shall retain full value through the subsequent model year. (i) The exhaust emissions from new 1981 and subsequent model passenger cars, light-duty trucks, and medium-duty vehicles certified to special standards authorized by sections 1960.2, 1960.3, and 1960.4, subchapter 1, Chapter 3, Title 13, California Code of Regulations, shall not exceed [FN1]: ____ ____ SPECIAL EXHAUST [FN10]EMISSION STANDARDS (grams per mile) [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* Equivalent Durability Inertia Vehicle Vehicle Weight Basis Non-Methane Carbon Oxides of Year Type [FN2] (lbs.) [FN3] (mi) Hydrocarbons Monoxide 1981.......... PC [FN6] All 50,000 0.39 (0.41) LDT, MDV [FN7] 0-3999 50,000 0.39 (0.41) 9.0 1982 [FN8].... PC All 50,000 0.39 (0.41) 1983 [FN8].... PC All 50,000 0.39 (0.41) LDT, MDV 0-3999 50,000 0.39 (0.41) 9.0 1984 [FN8].... PC All 50,000 0.39 (0.41) LDT, MDV 0-3999 50,000 0.39 (0.41) 9.0 1985 [FN8].... LDT, MDV 0-3999 50,000 0.39 (0.41) 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+.... ******************************************************************************* ******* This is piece 2. -- It begins at character 80 of table line 1. ******** ******************************************************************************* Nitrogen [FN5] 7.0 1.5 1.5 7.0 1.0 7.0 0.7 9 1.0 7.0 0.7 0.7 9 9.0 0.7 80..+...90....+....0.... [FN1] Subsection (i) shall remain in effect until December 31, 1990, and as of that date is repealed unless a later regulation deletes or extends that date. Notwithstanding the repeal or expiration of this regulation on December 31, 1990, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. [FN2] "PC" means passenger cars. "LDT" means light-duty trucks. "MDV" means medium-duty vehicles. [FN3] Equivalent inertia weights are determined under subparagraph 40 CFR 86.129-79(a). [FN4] Hydrocarbon standards in parentheses apply to total hydrocarbons. [FN5] The maximum projected emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR Part 600, Subpart B) shall be no greater than 1.33 times the applicable passenger car standards and 2.0 times the applicable light-duty truck and medium-duty vehicle standards shown in the table. Both the projected emissions and the HWFET standard shall be rounded to the nearest 0.1 gm/mi before being compared. [FN6] For vehicles certified to special standards authorized by section 1960.2, Article 2, Subchapter 1, Chapter 3, Title 13, California Administrative Code. [FN7] For vehicles certified to special standards authorized by section 1960.3, Article 2, Subchapter 1, Chapter 3, Title 13, California Administrative Code. [FN8] For vehicles certified to special standards authorized by section 1960.4, Article 2, Subchapter 1, Chapter 3, Title 13, California Administrative Code. Special standards revert to "1983 and subsequent" standards for 1985 and subsequent passenger cars and 1986 and subsequent LDTs and MDVs. [FN9] The Executive Officer may grant limited relief from the 1983 passenger car and 1984 LDT and MDV special NO x standard to a manufacturer who exceeds the standard because of unforeseen technical problems. [FN10] Diesel passenger cars, light-duty trucks, and medium-duty vehicles are subject to the following particulate exhaust emission standards: 0.4 g/mi for the 1985 model year, 0.2 g/mi for the 1986 through 1988 model years, and 0.08 g/mi for the 1989 and subsequent model years. The particulate compliance shall be determined on a 50,000 mile durability vehicle basis. ____ ____ (j) For Option 1 in the tables in sections (f)(1) and (f)(2), the hydrocarbon and carbon monoxide compliance shall be determined on a 50,000-mile durability vehicle basis. For Option 2 in the table in section (f)(2), the hydrocarbon and carbon monoxide compliance shall be determined on a 100,000-mile durability basis. (k) The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Standards and Test Procedures for 1981 through 1987 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the state board on November 23, 1976, as last amended May 20, 1987, and in "California Exhaust Emission Standards and Test Procedures for 1988 through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," adopted by the state board on May 20, 1987, as last amended August 5, 1999, both of which are incorporated herein by reference, and in "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 section 1961(d). The test procedures for determining the compliance of 2001 through 2006 model-year hybrid electric vehicles with the standards set forth in this section are set forth in "California Exhaust Emission Standards and Test Procedures for 2005 and Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck, and Medium-Duty Vehicle Classes, as incorporated by reference in section 1962(h). (l) With respect to any new vehicle required to comply with the standards set forth in paragraphs (a) through (h), the manufacturer's written maintenance instructions for in-use vehicles shall not require scheduled maintenance more frequently than or beyond the scope of maintenance permitted under the test procedures referenced in paragraph (k) above. Any failure to perform scheduled maintenance shall not excuse an emissions violation unless the failure is related to or causative of the violation. (m) Any 1982, 1983, and 1984 model year vehicle required to comply with the standards set forth in paragraphs (b), (c), (d), and (f) which is subject to a standard set by federal law or regulation controlling emissions of particulate matter must conform to such standard. (n) For purposes of section 1960.1(a) through (f), section 1960.1(h)(1), and section 1960.1.5, "small volume manufacturer" for the 2000 and earlier model years is any vehicle manufacturer which was subject to "in lieu" standards pursuant to section 202(b)(1)(B) of the Federal Clean Air Act (42 U.S.C. section 7521(b)(1)(B), as amended November 16, 1977) or a vehicle manufacturer with California sales not exceeding 3,000 new motor vehicles per model year based on previous model-year sales; however, for manufacturers certifying for the first time in California model year sales shall be based on projected California sales. (o) [Reserved] (p) The cold temperature exhaust carbon monoxide emission levels from new 1996 through 2000 and subsequent model-year passenger cars, light-duty trucks, and medium-duty vehicles shall not exceed: 1996 AND SUBSEQUENT MODEL-YEAR COLD TEMPERATURE CARBON MONOXIDE EXHAUST EMISSIONS STANDARDS FOR PASSENGER CARS, LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY VEHICLES [FN1,2] (grams per mile) Loaded Durability Vehicle Vehicle Vehicle Weight Basis Carbon Type (lbs.) (mi) Monoxide Passenger Car All 50,000 10.0 Light-Duty Truck 0-3750 50,000 10.0 Light-Duty Truck 3751-5750 50,000 12.5 Medium-Duty Vehicle 0-3750 50,000 10.0 Medium-Duty Vehicle 3750-8500 [FN3] 50,000 12.5 (1) These standards are applicable to vehicles tested in accordance with 40 CFR Part 86 Subpart C, at a nominal temperature of 20 [FN0] F (-7 [FN0] C). (2) Natural gas vehicles, diesel-fueled vehicles, hybrid electric vehicles, and zero-emission vehicles are exempt from these standards. (3) Medium-duty vehicles with a gross vehicle weight rating greater than 8,500 lbs. are exempt from this standard. ____ ____ (q) The Supplemental Federal Test Procedure (SFTP) exhaust emission levels from new 2001 and subsequent model passenger cars and light-duty trucks, other than low-emission vehicles, ultra-low-emission vehicles, and zero-emission vehicles, shall not exceed: ____ ____ SFTP EXHAUST EMISSION STANDARDS FOR 2001 AND SUBSEQUENT MODEL-YEAR PASSENGER CARS AND LIGHT-DUTY TRUCKS OTHER THAN LOW-EMISSION VEHICLES, ULTRA-LOW-EMISSION VEHICLES, AND ZERO-EMISSION VEHICLES (grams per mile) %n4,5,6,7,8,9,10 %n CO Loaded Durability NMHC Vehicle Vehicle Vehicle Fuel NOx A/C US06 Composite Type Weight (lbs.) Basis (mi) Type Composite Test Test Option PC All 50,000 Gasoline 0.65 3.0 9.0 3.4 Diesel 1.48 NA 9.0 3.4 100,000 Gasoline 0.91 3.7 11.1 4.2 Diesel 2.07 NA 11.1 4.2 LDT 0-3750 50,000 Gasoline 0.65 3.0 9.0 3.4 Diesel 1.48 NA 9.0 3.4 100,000 Gasoline 0.91 3.7 11.1 4.2 Diesel 2.07 NA 11.1 4.2 LDT 3751-5750 50,000 Gasoline 1.02 3.9 11.6 4.4 Diesel NA NA NA NA 100,000 Gasoline 1.37 4.9 14.6 5.5 Diesel NA NA NA NA [FN1] Abbreviations. "PC" means passenger car. "LDT" means light-duty truck. "NMHC+NOx" means non-methane hydrocarbon plus oxides of nitrogen emissions. "CO" means carbon monoxide emissions. "A/C" means air-conditioning. "US06" means the test cycle designed to evaluate emissions during aggressive and microtransient driving. [FN2] Non-Methane Hydrocarbon Emissions.For PCs and LDTs certified to the FTP exhaust standards in section 1960.1(f)(2), hydrocarbon emissions shall be measured in accordance with the "California Non-Methane Hydrocarbon Test Procedures" as last amended May 15, 1990, which is incorporated herein by reference. For PCs and LDTs certified as transitional low-emission vehicles, hydrocarbon emissions shall be measured in accordance with Part B (Determination of Non-Methane Hydrocarbon Mass Emissions by Flame Ionization Detection) of the "California Non-Methane Organic Gas Test Procedures" as incorporated by reference in section 1960.1(g)(1), note (3). For alcohol-fueled vehicles certifying to these standards, including flexible-fuel vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent." [FN3] Composite Standards.Compliance with the composite standards shall be demonstrated using the calculations set forth in the section 86.164-00, Title 40, Code of Federal Regulations, as adopted October 22, 1996, which is incorporated herein by reference. [FN4] SFTP.SFTP means the additional test procedure designed to measure emissions during aggressive and microtransient driving, as described in section 86.159-00, Title 40, Code of Federal Regulations, as adopted October 22, 1996, over the US06 cycle, and also the test procedure designed to measure urban driving emissions while the vehicle's air conditioning system is operating, as described in section 86.160-00, Title 40, Code of Federal Regulations, as adopted October 22, 1996, over the SC03 cycle. These sections of the Code of Federal Regulations are incorporated herein by reference. [FN5] Applicability to Alternative Fuel Vehicles.These SFTP standards do not apply to vehicles certified on fuels other than gasoline and diesel fuel, but the standards do apply to the gasoline and diesel fuel operation of flexible-fuel vehicles and dual-fuel vehicles. [FN6] Air to Fuel Ratio Requirement.With the exception of cold-start conditions, warm-up conditions and rapid-throttle motion conditions ( "tip-in" or "tip-out" conditions), the air to fuel ratio shall not be richer at any time than, for a given engine operating condition (e.g., engine speed, manifold pressure, coolant temperature, air charge temperature, and any other parameters), the leanest air to fuel mixture required to obtain maximum torque (lean best torque), with a tolerance of six percent of the fuel consumption. The Executive Officer may approve a manufacturer's request for approval to use additional enrichment in subsequent testing if the manufacturer demonstrates that additional enrichment is needed to protect the vehicle, occupants, engine, or emission control hardware. [FN7] A/C-on Specific Calibrations. A/C-on specific calibrations (e.g. air to fuel ratio, spark timing, and exhaust gas recirculation), may be used which differ from A/C-off calibrations for given engine operating conditions (e.g., engine speed, manifold pressure, coolant temperature, air charge temperature, and any other parameters). Such calibrations must not unnecessarily reduce the NMHC+NOx emission control effectiveness during A/C-on operation when the vehicle is operated under conditions which may reasonably be expected to be encountered during normal operation and use. If reductions in control system NMHC+NOx effectiveness do occur as a result of such calibrations, the manufacturer shall, in the Application for Certification, specify the circumstances under which such reductions do occur, and the reason for the use of such calibrations resulting in such reductions in control system effectiveness. A/C-on specific "open-loop" or "commanded enrichment" air-fuel enrichment strategies (as defined below), which differ from A/C-off "open-loop" or "commanded enrichment" air-fuel enrichment strategies, may not be used, with the following exceptions: cold-start and warm-up conditions, or, subject to Executive Officer approval, conditions requiring the protection of the vehicle, occupants, engine, or emission control hardware. Other than these exceptions, such strategies which are invoked based on manifold pressure, engine speed, throttle position, or other engine parameters shall use the same engine parameter criteria for the invoking of this air-fuel enrichment strategy and the same degree of enrichment regardless of whether the A/C is on or off. "Open-loop" or "commanded" air-fuel enrichment strategy is defined as enrichment of the air to fuel ratio beyond stoichiometry for the purposes of increasing engine power output and the protection of engine or emissions control hardware. However, "closed-loop biasing," defined as small changes in the air-fuel ratio for the purposes of optimizing vehicle emissions or driveability, shall not be considered an "open-loop" or "commanded" air-fuel enrichment strategy. In addition, "transient" air-fuel enrichment strategy (or "tip-in" and "tip-out" enrichment), defined as the temporary use of an air-fuel ratio rich of stoichiometry at the beginning or duration of rapid throttle motion, shall not be considered an "open-loop" or "commanded" air-fuel enrichment strategy. [FN8] "Lean-On-Cruise" Calibration Strategies.In the Application for Certification, the manufacturer shall state whether any "lean-on-cruise" strategies are incorporated into the vehicle design. A "lean-on-cruise" air-fuel calibration strategy is defined as the use of an air-fuel ratio significantly greater than stoichiometry, during non-deceleration conditions at speeds above 40 mph. "Lean-on-cruise" air-fuel calibration strategies shall not be employed during vehicle operation in normal driving conditions, including A/C-usage, unless at least one of the following conditions is met: 1. Such strategies are substantially employed during the FTP or SFTP, or 2. Such strategies are demonstrated not to significantly reduce vehicle NMHC+NOx emission control effectiveness over the operating conditions in which they are employed, or 3. Such strategies are demonstrated to be necessary to protect the vehicle, occupants, engine, or emission control hardware. If the manufacturer proposes to use a "lean-on-cruise" calibration strategy, the manufacturer shall specify the circumstances under which such a calibration would be used, and the reason or reasons for the proposed use of such a calibration. The above provisions shall not apply to vehicles powered by "lean-burn" engines or Diesel-cycle engines. A "lean-burn" engine is defined as an Otto-cycle engine designed to run at an air-fuel ratio significantly greater than stoichiometry during the large majority of its operation. [FN9] Phase-In Requirements.For the purposes of this section 1960.1(q) only, each manufacturer's PC and LDT fleet shall be defined as the total projected number of PCs and LDTs from 0-5750 pounds loaded vehicle weight certified to the FTP exhaust standards of section 1960.1(f)(2) and certified as transitional low-emission vehicles sold in California. As an option, a manufacturer may elect to have its total PC and LDT fleet defined, for the purposes of this section 1960.1(q) only, as the total projected number of the manufacturer's PCs and LDTs, other than zero-emission vehicles, certified and sold in California. a. Manufacturers of PCs and of LDTs, except small volume manufacturers, shall certify a minimum percentage of their PC and LDT fleet according to the following phase-in schedule. Model Year Percentage of PC and LDT Fleet 2001 25 2002 50 2003 85 2004 and subsequent 100 b. Small volume manufacturers of PCs and LDTs shall certify 100% of their PC and LDT fleet in the 2004 and subsequent model years. [FN10] Single-Roll Electric Dynamometer Requirement.For all vehicles certified to the SFTP standards, a single-roll electric dynamometer or a dynamometer which produces equivalent results, as set forth in the "California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), must be used for all types of emission testing to determine compliance with the associated emission standards. ____ ____ (r) The Supplemental Federal Test Procedure (SFTP) standards in this section represent the maximum SFTP exhaust emissions at 4,000 miles + 250 miles or at the mileage determined by the manufacturer for emission-data vehicles in accordance with the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), and with the "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 section 1961(d). The SFTP exhaust emission levels from new 2001 and subsequent model low-emission vehicles, ultra-low-emission vehicles and super-ultra-low-emission vehicles in the passenger car and light-duty truck class, and new 2003 and subsequent low-emission vehicles, ultra-low-emission vehicles, and super-ultra-low-emission vehicles in the medium-duty class, shall not exceed: ____ ____ SFTP EXHAUST EMISSION STANDARDS FOR LOW-EMISSION VEHICLES, ULTRA-LOW-EMISSION VEHICLES, AND SUPER-ULTRA-LOW-EMISSION VEHICLES IN THE PASSENGER CAR, LIGHT- DUTY TRUCK, AND MEDIUM-DUTY VEHICLE CLASSES (grams per mile) %n6,7,8,9,10,11 %n US06 Test A/C Test [FN1,5] Vehicle Loaded Vehicle NMHC NMHC [FN4] + [FN4]+ Type Weight (lbs.) [FN2] NOx [FN1] CO [FN1] NOx CO [FN1] [FN1] PC All 0.14 8.0 0.20 2.7 LDT 0-3750 0.14 8.0 0.20 2.7 LDT 3751-5750 0.25 10.5 0.27 3.5 MDV 3751-5750 0.40 10.5 0.31 3.5 MDV 5751-8500 [FN3] 0.60 11.8 0.44 4.0 _______________________________________________________________________________ _______________________________________________________________________________ [FN1] Abbreviations and Definitions.For the purposes of this SFTP standards table only, the following abbreviations and definitions apply: "PC" means passenger car. "LDT" means light-duty truck, defined as any motor vehicle rated at 6,000 pounds gross vehicle weight or less, which is designed primarily for purposes of transportation of property or is a derivative of such a vehicle, or is available with special features enabling off-street or off-highway operation and use. "MDV" means medium-duty truck, defined as any motor vehicle having a manufacturer's gross vehicle weight rating of greater than 6,000 pounds and less than 14,001 pounds, except passenger cars. "NMHC+NOx" means non-methane hydrocarbon plus oxides of nitrogen emissions. "CO" means carbon monoxide emissions. "US06" means the test cycle designed to evaluate emissions during aggressive and microtransient driving. "A/C" means air-conditioning. [FN2] For MDVs, "Loaded Vehicle Weight" shall mean "Test Weight," which is the average of the vehicle's curb weight and gross vehicle weight. [FN3] Vehicles with a gross vehicle weight rating over 8,500 pounds are exempted from the requirements of this subsection. [FN4] Non-Methane Hydrocarbon Emissions.Hydrocarbon emissions shall be measured in accordance with Part B (Determination of Non-Methane Hydrocarbon Mass Emissions by Flame Ionization Detection) of the "California Non-Methane Organic Gas Test Procedures" as incorporated by reference in section 1960.1(g)(1), note (3). For alcohol-fueled vehicles certifying to these standards, including flexible-fuel vehicles when certifying on methanol or ethanol, "Non-Methane Hydrocarbons" shall mean "Organic Material Non-Methane Hydrocarbon Equivalent." [FN5] A/C-on Specific Calibrations. A/C-on specific calibrations (e.g. air to fuel ratio, spark timing, and exhaust gas recirculation), may be used which differ from A/C-off calibrations for given engine operating conditions (e.g., engine speed, manifold pressure, coolant temperature, air charge temperature, and any other parameters). Such calibrations must not unnecessarily reduce the NMHC+NOx emission control effectiveness during A/C-on operation when the vehicle is operated under conditions which may reasonably be expected to be encountered during normal operation and use. If reductions in control system NMHC+NOx effectiveness do occur as a result of such calibrations, the manufacturer shall, in the Application for Certification, specify the circumstances under which such reductions do occur, and the reason for the use of such calibrations resulting in such reductions in control system effectiveness. A/C-on specific "open-loop" or "commanded enrichment" air-fuel enrichment strategies (as defined below), which differ from A/C-off "open-loop" or "commanded enrichment" air-fuel enrichment strategies, may not be used, with the following exceptions: cold-start and warm-up conditions, or, subject to Executive Officer approval, conditions requiring the protection of the vehicle, occupants, engine, or emission control hardware. Other than these exceptions, such strategies which are invoked based on manifold pressure, engine speed, throttle position, or other engine parameters shall use the same engine parameter criteria for the invoking of this air-fuel enrichment strategy and the same degree of enrichment regardless of whether the A/C is on or off. "Open-loop" or "commanded" air-fuel enrichment strategy is defined as enrichment of the air to fuel ratio beyond stoichiometry for the purposes of increasing engine power output and the protection of engine or emissions control hardware. However, "closed-loop biasing," defined as small changes in the air-fuel ratio for the purposes of optimizing vehicle emissions or driveability, shall not be considered an "open-loop" or "commanded" air-fuel enrichment strategy. In addition, "transient" air-fuel enrichment strategy (or "tip-in" and "tip-out" enrichment), defined as the temporary use of an air-fuel ratio rich of stoichiometry at the beginning or duration of rapid throttle motion, shall not be considered an "open-loop" or "commanded" air-fuel enrichment strategy. [FN6] SFTP.SFTP means the additional test procedure designed to measure emissions during aggressive and microtransient driving, as described in section 86.159-00, Title 40, Code of Federal Regulations, as adopted October 22, 1996, over the US06 cycle, and also the test procedure designed to measure urban driving emissions while the vehicle's air conditioning system is operating, as described in section 86.160-00, Title 40, Code of Federal Regulations, as adopted October 22, 1996, over the SC03 cycle. These sections of the Code of Federal Regulations are incorporated herein by reference. [FN7] Applicability to Alternative Fuel Vehicles.These SFTP standards do not apply to vehicles certified on fuels other than gasoline and diesel fuel, but the standards do apply to the gasoline and diesel fuel operation of flexible-fuel vehicles and dual-fuel vehicles. [FN8] Air to Fuel Ratio Requirement.With the exception of cold-start conditions, warm-up conditions and rapid-throttle motion conditions ( "tip-in" or "tip-out" conditions), the air to fuel ratio shall not be richer at any time than, for a given engine operating condition (e.g., engine speed, manifold pressure, coolant temperature, air charge temperature, and any other parameters), the leanest air to fuel mixture required to obtain maximum torque (lean best torque), with a tolerance of six percent of the fuel consumption. The Executive Officer may approve a manufacturer's request for approval to use additional enrichment in subsequent testing if the manufacturer demonstrates that additional enrichment is needed to protect the vehicle, occupants, engine, or emission control hardware. [FN9] "Lean-On-Cruise" Calibration Strategies.In the Application for Certification, the manufacturer shall state whether any "lean-on-cruise" strategies are incorporated into the vehicle design. A "lean-on-cruise" air-fuel calibration strategy is defined as the use of an air-fuel ratio significantly greater than stoichiometry, during non-deceleration conditions at speeds above 40 mph. "Lean-on-cruise" air-fuel calibration strategies shall not be employed during vehicle operation in normal driving conditions, including A/C-usage, unless at least one of the following conditions is met: 1. Such strategies are substantially employed during the FTP or SFTP, or 2. Such strategies are demonstrated not to significantly reduce vehicle NMHC+NOx emission control effectiveness over the operating conditions in which they are employed, or 3. Such strategies are demonstrated to be necessary to protect the vehicle, occupants, engine, or emission control hardware. If the manufacturer proposes to use a "lean-on-cruise" calibration strategy, the manufacturer shall specify the circumstances under which such a calibration would be used, and the reason or reasons for the proposed use of such a calibration. The above provisions shall not apply to vehicles powered by "lean-burn" engines or Diesel-cycle engines. A "lean-burn" engine is defined as an Otto-cycle engine designed to run at an air-fuel ratio significantly greater than stoichiometry during the large majority of its operation. [FN10] Phase-In Requirements.For the purposes of this 1960.1(r) section only, each manufacturer's PC and LDT fleet shall be defined as the total projected number of low-emission and ultra-low-emission PCs and LDTs from 0- 5750 pounds loaded vehicle weight sold in California. Each manufacturer's MDV fleet shall be defined as the total projected number of low-emission, ultra-low-emission, and super-ultra-low-emission MDVs less than 8501 pounds gross vehicle weight rating sold in California. a. Manufacturers of PCs, LDTs, and MDVs, except small volume manufacturers, shall certify a minimum percentage of their PC and LDT fleet, and a minimum percentage of their MDV fleet, according to the following phase-in schedule. Percentage Model Year PC, LDT MDV 2001 25 NA 2002 50 NA 2003 85 25 2004 100 50 2005 and subsequent 100 100 b. Manufacturers may use an "Alternative or Equivalent Phase-in Schedule" to comply with the phase-in requirements. An "Alternative Phase-in" is one that achieves at least equivalent emission reductions by the end of the last model year of the scheduled phase-in. Model-year emission reductions shall be calculated by multiplying the percent of vehicles (based on the manufacturer's projected California sales volume of the applicable vehicle fleet) meeting the new requirements per model year by the number of model years implemented prior to and including the last model year of the scheduled phase-in. The "cumulative total" is the summation of the model-year emission reductions (e.g., a four model-year 25/50/85/100 percent phase-in schedule would be calculated as: (25%*4 years) + (50%*3 years) + (85%*2 years) + (100%*1 year) = 520). Any alternative phase-in that results in an equal or larger cumulative total than the required cumulative total by the end of the last model year of the scheduled phase-in shall be considered acceptable by the Executive Officer under the following conditions: 1) all vehicles subject to the phase-in shall comply with the respective requirements in the last model year of the required phase-in schedule and 2) if a manufacturer uses the optional phase-in percentage determination in section 1960.1(q) note (9), the cumulative total of model-year emission reductions as determined only for PCs and LDTs certified to this section 1960.1(r) must also be equal to or larger than the required cumulative total by end of the 2004 model year. Manufacturers shall be allowed to include vehicles introduced before the first model year of the scheduled phase-in (e.g., in the previous example, 10 percent introduced one year before the scheduled phase-in begins would be calculated as: (10%*5 years) and added to the cumulative total). c. Small volume manufacturers of PCs, LDTs, and MDVs shall certify 100% of their PC and LDT fleet in 2004 and subsequent model years, and 100% of their MDV fleet in 2005 and subsequent model years. [FN11] Single-Roll Electric Dynamometer Requirement.For all vehicles certified to the SFTP standards, a single-roll electric dynamometer or a dynamometer which produces equivalent results, as set forth in the "California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles" as incorporated by reference in section 1960.1(k), must be used for all types of emission testing to determine compliance with the associated emission standards. ____ ____ Note: Authority cited: Sections 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, 43103, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 1960.1.5. Optional NOx Standards for 1983 and Later Model Passenger Cars, and Light-Duty Trucks and Medium-Duty Vehicles Less Than 4000 Lbs. Equivalent Inertia Weight (EIW) or 3751 Lbs. Loaded Vehicle Weight (LVW). (a)(1) Notwithstanding any other provision of this chapter, a vehicle manufacturer may certify 1983 and later model vehicles to optional NOx standards except for vehicles certifying to TLEV, LEV, or ULEV standards as follows: (A) Passenger cars -0.7 g/mi-1983 through 1988 model years. LDT, MDV 0-3999 pounds EIW -1.0 g/mi -1983 through 1987 model years. LDT, MDV 0-3750 lbs. LVW -1.0 g/mi -1988 model year. (B) For the 1989 model year, each manufacturer may certify no more than 50 percent of its projected California model-year sales of passenger cars, light-duty trucks (0-3750 lbs. LVW), and medium-duty vehicles (0-3750 lbs. LVW) to the optional NOx standard as follows: Passenger cars -0.7 g/mi LDT, MDV 0-3750 lbs. LVW -1.0 g/mi (C) 1989 through 1993 model-year passenger cars weighing more than 5250 lbs. LVW may be certified to the 0.7 g/mi NOx standard. (D) For the 1990 through 1993 model years, a vehicle manufacturer may certify passenger cars, light-duty trucks (0-3750 lbs. LVW), and medium-duty vehicles (0-3750 lbs. LVW) to the optional 0.7 g/mi NOx standard subject to the following limitations: For each model year, the total number of passenger cars (0-5250 lbs. LVW) each manufacturer may certify at 0.7 g/mi NOx shall be limited to a maximum of 10 percent of the total previous California model-year sales of these vehicles. For each model year, the total number of light-duty trucks (0-3750 lbs. LVW) and medium-duty vehicles (0-3750 lbs. LVW) each manufacturer may certify at 0.7 g/mi NOx shall be limited to a maximum of 15 percent of the combined total previous California model-year sales of these vehicles. For manufacturers certifying for the first time in California, "previous California model-year sales" shall mean projected California model-year sales. (2) Notwithstanding any other provisions of this chapter, a small volume manufacturer may certify 1989 and later model vehicles to optional NOx standards except for vehicles certifying to TLEV, LEV, or ULEV standards as follows: (A) Passenger cars -0.7 g/mi -1989 and 1990 model years. LDT, MDV 0-3750 lbs. LVW -1.0 g/mi -1989 and 1990 model years. (B) For the 1991 model year, each small volume manufacturer may certify no more than 50 percent of its projected California model-year sales of passenger cars, light-duty trucks (0-3750 lbs. LVW), and medium-duty vehicles (0-3750 lbs. LVW) to the optional NOx standards as follows: Passenger cars -0.7 g/mi LDT, MDV 0-3750 lbs. LVW -1.0 g/mi (C) For the 1992 through 1995 model years, each small volume manufacturer may certify passenger cars, light-duty trucks (0-3750 lbs. LVW), and medium-duty vehicles (0-3750 lbs. LVW) to the optional 0.7 g/mi NOx standard subject to the following limitations: For each model year, the total number of passenger cars (0-5250 lbs. LVW) each manufacturer may certify at 0.7 g/mi NOx shall be limited to a maximum of 10 percent of the total previous California model-year sales of these vehicles. For each model year, the total number of light-duty trucks (0-3750 lbs. LVW) and medium-duty vehicles (0-3750 lbs. LVW) each manufacturer may certify at 0.7 g/mi NOx shall be limited to a maximum of 15 percent of the combined total previous California model-year sales of these vehicles. For manufacturers certifying for the first time in California, "previous California model-year sales" shall mean projected California model-year sales. (b) Testing of vehicles certified under this section shall be conducted in accordance with the California Exhaust Emission Test Procedures applicable to either 1981 through 1987 or 1988 and subsequent model passenger cars, light-duty trucks, and medium-duty vehicles certified to the primary California standards for 50,000 miles. (c)(1) If, based on a review of information derived from a statistically valid and representative sample of vehicles, the Executive Officer determines that a substantial percentage of any class or category of vehicles certified under this section exhibits, prior to 75,000 miles or 7 years, whichever occurs first, an identifiable, systematic defect in a component listed in subsection (2) which causes a significant increase in emissions above those exhibited by vehicles free of such defects and of the same class or category and having the same period of use and mileage, then the Executive Officer may invoke the enforcement authority under Section 2109 to require remedial action by the vehicle manufacturer. Such remedial action shall be limited to owner notification and repair or replacement of the defective component. As used in this section, the term "defect" shall not include failures which are the result of abuse, neglect, or improper maintenance. (2) Subsection (c)(1) shall apply to the following components unless subject to allowable scheduled maintenance prior to 75,000 miles or 7 years, whichever occurs first: I. Air and Fuel Metering System A. Cold start enrichment B. Heat riser valve and assembly C. Controlled hot air intake II. Exhaust Gas Recirculation (EGR) System A. EGR valve and control components, and carburetor spacer if applicable III. Air Injection System A. Air pump B. Valves affecting distribution of flow C. Distribution manifold including connection to exhaust manifold IV. Catalyst or Thermal Reactor System A. Catalytic converter and associated mounting hardware and constricted fuel filler neck B. Thermal reactor and lined or coated exhaust manifolds C. Exhaust portliner and/or double walled exhaust pipe V. Evaporative Emission Control System A. Vapor storage canister B. Vapor-liquid separator VI. Miscellaneous Items Used in Above Systems A. Vacuum, temperature, and time sensitive valves and switches B. Electronic controls including computer or microprocessor and all input sensors except for the exhaust gas oxygen sensor (d) Nothing in this section shall be construed as affecting in any way the manufacturer's 5 year/50,000 mile emission control systems defect warranty obligations existing under present statutes and regulations. Note: Authority cited: Sections 39600, 39601, 43013 and 43101, Health and Safety Code. Reference: Sections 39002, 39003, 43000(d), 43013, 43100, 43101, 43101.5, 43104 and 43106, Health and Safety Code. s 1960.2. Special Standards for 1980 and 1981 Model Passenger Cars. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101, 43104 and 43106, Health and Safety Code. s 1960.3. Special Standards for 1981 and 1982 Model Light-Duty Trucks and Medium-Duty Vehicles, 0-3999 Pound Equivalent Inertia Weight. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43101, 43104 and 43106, Health and Safety Code. s 1960.4. Special Standards for 1982 and Subsequent Model Passenger Cars, and 1983 and Subsequent Model Light-Duty Trucks and Medium-Duty Vehicles, 0- 3999 Pound Equivalent Inertia Weight. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43101, 43104 and 43106, Health and Safety Code. s 1960.5. Certification of 1983 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehicles for Sale in California. (a) The exhaust emissions from new 1983 and subsequent model year federally certified passenger cars and light-duty trucks, subject to registration and sold and registered in this state pursuant to section 43102(b) of the California Health and Safety Code, shall not exceed the applicable federal emission standards as determined under applicable federal test procedures. (b) With respect to any new vehicle required to comply with the standards set forth in paragraph (a), the manufacturer's written maintenance instructions for in-use vehicles shall not require scheduled maintenance more frequently than or beyond the scope of maintenance permitted under the test procedures referenced in paragraph (a). Any failure to perform scheduled maintenance shall not excuse an emissions violation unless the failure is related to or causes the violation. (c) The standards and procedures for certifying in California 1983 through 2002 model-year federally-certified light-duty motor vehicles are set forth in "Guidelines for Certification of 1983 through 2002 Model-Year Federally Certified Light-Duty Motor Vehicles for Sale in California," adopted July 20, 1982, as last amended July 30, 2002, which is incorporated herein by reference. The standards and procedures for certifying in California 2003 and subsequent model-year federally-certified light-duty motor vehicles are set forth in "Guidelines for Certification of 2003 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehicles for Sale in California," adopted July 30, 2002, which is incorporated herein by reference. Note: Authority cited: Sections 39601, 43100 and 43102, Health and Safety Code. Reference: Section 43102, Health and Safety Code. s 1960.15. Reference to Section 1960.1.5. Any reference in any statute or regulation to this section shall be considered as a reference to Section 1960.1.5. s 1961. Exhaust Emission Standards and Test Procedures - 2004 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. Introduction. This section 1961 contains the California "LEV II" exhaust emission standards for 2004 and subsequent model passenger cars, light-duty trucks and medium-duty vehicles. A manufacturer must demonstrate compliance with the exhaust standards in section 1961(a) applicable to specific test groups, and with the composite phase-in requirements in section 1961(b) applicable to the manufacturer's entire fleet. Section 1961(b) also includes the manufacturer's fleet-wide composite phase-in requirements for the 2001 - 2003 model years. Prior to the 2004 model year, a manufacturer that produces vehicles that meet the standards in section 1961(a) has the option of certifying the vehicles to those standards, in which case the vehicles will be treated as LEV II vehicles for purposes of the fleet-wide phase-in requirements. Similarly, 2004 - 2006 model-year vehicles may be certified to the "LEV I" exhaust emission standards in section 1960.1(g)(1) and (h)(2), in which case the vehicles will be treated as LEV I vehicles for purposes of the fleet-wide phase-in requirements. A manufacturer has the option of certifying engines used in incomplete and diesel medium-duty vehicles with a gross vehicle weight rating of greater than 8,500 lbs. to the heavy-duty engine standards and test procedures set forth in title 13, CCR, sections 1956.8(c), (g) and (h). (a)Exhaust Emission Standards. (1) "LEV II" Exhaust Standards.The following standards represent the maximum exhaust emissions for the intermediate and full useful life from new 2004 and subsequent model-year "LEV II" LEVs, ULEVs, and SULEVs, including fuel-flexible, bi-fuel and dual fuel vehicles when operating on the gaseous or alcohol fuel they are designed to use: LEV II Exhaust Mass Emission Standards for New 2004 and Subsequent Model LEVs, ULEVs, and SULEVs in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes [Note: The following TABLE/FORM is too wide to be displayed on one screen. You must print it for a meaningful review of its contents. The table has been divided into multiple pieces with each piece containing information to help you assemble a printout of the table. The information for each piece includes: (1) a three line message preceding the tabular data showing by line # and character # the position of the upper left-hand corner of the piece and the position of the piece within the entire table; and (2) a numeric scale following the tabular data displaying the character positions.] ******************************************************************************* ******** This is piece 1. -- It begins at character 1 of table line 1. ******** ******************************************************************************* Durability Vehicle Carbon Oxides of Vehicle Basis Emission NMOG Monoxide Nitrogen Formald- ehyde Vehicle Type (mi) Category (g/mi) (g/mi) (g/mi) All PCs; 50,000 LEV 0.075 3.4 0.05 15 LDTs 8500 lbs. GVW or less LEV, 0.075 3.4 0.07 15 Option 1 Vehicles in this category are tested at ULEV 0.040 1.7 0.05 8 their loaded vehicle weight 120,000 LEV 0.090 4.2 0.07 18 LEV, 0.090 4.2 0.10 18 Option 1 ULEV 0.055 2.1 0.07 11 SULEV 0.010 1.0 0.02 4 150,000 LEV 0.090 4.2 0.07 18 (Optional) LEV, 0.090 4.2 0.10 18 Option 1 ULEV 0.055 2.1 0.07 11 SULEV 0.010 1.0 0.02 4 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+ ******************************************************************************* ******* This is piece 2. -- It begins at character 76 of table line 1. ******** ******************************************************************************* Particulates (g/mi) (mg/mi) n/a n/a n/a 0.01 0.01 0.01 0.01 0.01 0.01 0.01 0.01 76.......+... ******************************************************************************* ******* This is piece 3. -- It begins at character 1 of table line 29. ******** ******************************************************************************* _______________________________________________________________________________ 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+.... ******************************************************************************* ******* This is piece 4. -- It begins at character 1 of table line 30. ******** ******************************************************************************* MDVs 8501 - 120,000 LEV 0.195 6.4 0.2 32 10,000 lbs. GVW ULEV 0.143 6.4 0.2 16 Vehicles in SULEV 0.100 3.2 0.1 8 this category are tested at their adjusted loaded vehicle 150,000 LEV 0.195 6.4 0.2 32 weight (Optional) ULEV 0.143 6.4 0.2 16 SULEV 0.100 3.2 0.1 8 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+ ******************************************************************************* ******* This is piece 5. -- It begins at character 76 of table line 30. ******* ******************************************************************************* 0.12 0.06 0.06 0.12 0.06 0.06 76.......+... ******************************************************************************* ******* This is piece 6. -- It begins at character 1 of table line 42. ******** ******************************************************************************* _______________________________________________________________________________ 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+.... ******************************************************************************* ******* This is piece 7. -- It begins at character 1 of table line 43. ******** ******************************************************************************* MDVs 120,000 LEV 0.230 7.3 0.4 40 10,001-14,000 lbs. GVW ULEV 0.167 7.3 0.4 21 SULEV 0.117 3.7 0.2 10 Vehicles in 150,000 LEV 0.230 7.3 0.4 40 this category are tested at (Optional) ULEV 0.167 7.3 0.4 21 their adjusted loaded vehicle SULEV 0.117 3.7 0.2 10 weight 1...+...10....+...20....+...30....+...40....+...50....+...60....+...70....+ ******************************************************************************* ******* This is piece 8. -- It begins at character 76 of table line 43. ******* ******************************************************************************* 0.12 0.06 0.06 0.12 0.06 0.06 76.......+... (2)Reactivity Adjustment in Determining Compliance with the NMOG Standard (A) The NMOG emission results from all TLEVs, LEVs, ULEVs and SULEVs certifying on a fuel other than conventional gasoline shall be numerically adjusted to establish an NMOG exhaust mass emission value equivalent. The manufacturer shall multiply measured NMOG exhaust emission results by the appropriate reactivity adjustment factor set forth in section 1961(a)(2)(B) or established in accordance with the test procedures incorporated by reference in section 1961(d). The reactivity adjustment factor represents the ratio of the NMOG specific reactivity of a low-emission vehicle designed to operate on a fuel other than conventional gasoline compared to the NMOG baseline specific reactivity of vehicles in the same vehicle emission category operated on conventional gasoline. (B) The following reactivity adjustment factors apply: Light-Duty Vehicles Medium-Duty Vehicles 0-6000 lbs. GVW 6001 lbs. - 14,000 lbs. GVW TLEV LEV ULEV LEV ULEV Fuel Baseline Specific Reactivity (grams ozone / gram NMOG) Conventional 3.42 3.13 3.13 3.13 3.13 Gasoline Reactivity Adjustment Factors RFG 0.98 0.94 0.94 0.94 0.94 (through the 2003 model year) M85 0.41 0.41 0.41 0.41 0.41 Natural Gas 1.0 0.43 0.43 0.43 0.43 LPG 1.0 0.50 0.50 0.50 0.50 Methane Reactivity Adjustment Factors Natural Gas 0.0043 0.0047 0.0047 0.0047 0.0047 (3)NMOG Standards for Bi-Fuel, Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline.For fuel-flexible, bi-fuel, and dual-fuel PCs, LDTs and MDVs, compliance with the NMOG exhaust mass emission standards shall be based on exhaust emission tests both when the vehicle is operated on the gaseous or alcohol fuel it is designed to use, and when the vehicle is operated on gasoline. A manufacturer must demonstrate compliance with the applicable exhaust mass emission standards for NMOG, CO, NOx and formaldehyde set forth in the table in section 1961(a)(1) when certifying the vehicle for operation on the gaseous or alcohol fuel. The following standards represent the maximum NMOG emissions when the vehicle is operating on gasoline. A manufacturer shall not apply a reactivity adjustment factor to the exhaust NMOG mass emission result when operating on gasoline. A manufacturer may measure NMHC in lieu of NMOG when fuel-flexible, bi-fuel and dual-fuel vehicles are operated on gasoline, in accordance with the test procedures incorporated by reference in section 1961(d). Testing at 50 << degrees>> F is not required for fuel-flexible, bi-fuel and dual-fuel vehicles when operating on gasoline. The applicable CO, NOx and formaldehyde standards are set forth in section 1961(a)(1). LEV II NMOG Standards for Bi-Fuel, Fuel-Flexible and Dual-Fuel Vehicles Operating on Gasoline (g/mi) Vehicle Durability Vehicle Basis Emission Vehicle Type Category 50,000 mi 120,000 mi All PCs; LDTs, LEV 0.125 0.156 0-8500 lbs. GVW ULEV 0.075 0.090 SULEV 0.010 0.040 MDVs, 8501-10,000 LEV n/a 0.230 lbs. GVW ULEV n/a 0.167 SULEV n/a 0.117 MDVs, 10,001- LEV n/a 0.280 14,000 lbs. GVW ULEV n/a 0.195 SULEV n/a 0.143 (4)50 <>F Exhaust Emission Standards. All light- and medium-duty LEVs, ULEVs and SULEVs must demonstrate compliance with the following exhaust emission standards for NMOG and formaldehyde (HCHO) measured on the FTP (40 CFR, Part 86, Subpart B) conducted at a nominal test temperature of 50 << degrees>> F, as modified by Part II, Section C of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" incorporated by reference in section 1961(d). The NMOG mass emission result shall be multiplied by the applicable reactivity adjustment factor, if any, prior to comparing to the applicable adjusted 50,000 mile certification standards set forth below. A manufacturer may demonstrate compliance with the NMOG and HCHO certification standards contained in this subparagraph by measuring NMHC exhaust emissions or issuing a statement of compliance for HCHO in accordance with Section D.1, subparagraph (p) and Section G.3.1.2, respectively, of the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" incorporated by reference in section 1961(d). Emissions of CO and NOx measured at 50 <> F shall not exceed the standards set forth in s1961(a)(1) applicable to vehicles of the same emission category and vehicle type subject to a cold soak and emission test at 68 <> to 86 <> F. Natural gas and diesel-fueled vehicles are exempt from the 50 <> F test requirements. Vehicle Weight Class Vehicle Emission Category (g/mi) LEV ULEV SULEV NMOG HCHO NMOG HCHO NMOG HCHO PCs; LDTs 0-8500 lbs. 0.150 0.030 0.080 0.016 0.020 0.008 GVW MDVs 8501-10,000 lbs. 0.390 0.064 0.286 0.032 0.200 0.016 GVW MDVs 10,001-14,000 0.460 0.080 0.334 0.042 0.234 0.020 lbs. GVW (5)Cold CO Standard. The following standards represent the 50,000 mile cold temperature exhaust carbon monoxide emission levels from new 2001 and subsequent model-year passenger cars, light-duty trucks, and medium-duty vehicles: 2001 AND SUBSEQUENT MODEL-YEAR COLD TEMPERATURE CARBON MONOXIDE EXHAUST EMISSIONS STANDARDS FOR PASSENGER CARS, LIGHT-DUTY TRUCKS, AND MEDIUM-DUTY VEHICLES (grams per mile) Vehicle Type Carbon Monoxide All PCs, LDTs 0-3750 lbs. LVW 10.0 LDTs, 3751 lbs. LVW - 8500 lbs. GVW; 12.5 LEV I and Tier 1 MDVs 8500 lbs. GVW and less These standards are applicable to vehicles tested at a nominal temperature of 20 <> F (-7 <> C) in accordance with 40 CFR Part 86 Subpart C, as amended by the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" incorporated by reference in section 1961(d). Natural gas, diesel-fueled and zero-emission vehicles are exempt from these standards. (6)Highway NOx Standard.The maximum emissions of oxides of nitrogen measured on the federal Highway Fuel Economy Test (HWFET; 40 CFR 600 Subpart B, which is incorporated herein by reference) shall not be greater than 1.33 times the applicable PC and LDT standards or 2.0 times the applicable MDV standards set forth in section 1961(a)(1). Both the projected emissions and the HWFET standard shall be rounded in accordance with ASTM E29-67 to the nearest 0.1 g/mi (or 0.01 g/mi for vehicles certified to the 0.05 or 0.02 g/mi NOx standards) before being compared. (7)Supplemental Federal Test Procedure (SFTP) Off-Cycle Emission Standards.The SFTP exhaust emission levels from new 2004 and subsequent model LEVs, ULEVs, and SULEVs shall not exceed the standards set forth in section 1960.1(r). (8)Requirements for Vehicles Certified to the Optional 150,000 Mile Standards. (A)Requirement to Generate Additional Fleet Average NMOG Credit.A vehicle that is certified to the 150,000 mile standards in section 1961(a) shall generate additional NMOG fleet average credit as set forth in 1961(b)(1) or additional vehicle equivalent credits as set forth in 1961(b)(2) provided that the manufacturer extends the warranty on high cost parts to 8 years or 100,000 miles, whichever occurs first, and agrees to extend the limit on high mileage in-use testing to 112,500 miles. (B)Requirement to Generate a Partial ZEV Allowance. A vehicle that is certified to the 150,000 mile SULEV standards shall also generate a partial ZEV allocation according to the criteria set forth in section C.3 of the "California Exhaust Emission Standards and Test Procedures for 2005 and Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes," incorporated by reference in section 1962. (9)Optional LEV II NOx Standard.A manufacturer may certify up to 4% of its light-duty truck fleet from 3751 lbs. LVW - 8500 lbs. GVW with a maximum base payload of 2500 lbs. or more to the LEV, option 1, standard set forth in 1961(a)(1) based on projected sales of trucks in the LDT2 category. Passenger cars and light-duty trucks 0-3750 lbs. LVW are not eligible for this option. (10)Intermediate In-Use Compliance Standards.For test groups certified prior to the 2007 model year, the following intermediate in-use compliance standards shall apply for the first two model years the test group is certified to the new standard. For SULEVs certified prior to the 2004 model year, the following intermediate in-use compliance SULEV standards shall apply through the 2006 model year. Emission Category Durability LEV II PCs LEV II MDVs Vehicle Basis and LDTs 8500 - 10,000 lbs. GVW NMOG NOx NOx LEV/ULEV 50,000 n/a 0.07 n/a 120,000 n/a 0.10 0.3 150,000 n/a 0.10 0.3 LEV, Option 1 50,000 n/a 0.10 n/a 120,000 n/a 0.14 n/a 150,000 n/a 0.14 n/a SULEV 120,000 0.020 0.03 0.15 150,000 0.020 0.03 0.15 (11)NMOG Credit for Vehicles with Zero-Evaporative Emissions.In determining compliance of a vehicle with the applicable exhaust NMOG standard, a gram per mile NMOG factor, to be determined by the Executive Officer based on available data, shall be subtracted from the reactivity-adjusted NMOG exhaust emission results for any vehicle that has been certified to the "zero" evaporative emission standard set forth in title 13, CCR, section 1976(b)(1)(E). This credit shall not apply to a SULEV that generates a partial ZEV allowance. (12)NMOG Credit for Direct Ozone Reduction Technology.A manufacturer that certifies vehicles equipped with direct ozone reduction technologies shall be eligible to receive NMOG credits that can be applied to the NMOG exhaust emissions of the vehicle when determining compliance with the standard. In order to receive credit, the manufacturer must submit the following information for each vehicle model, including, but not limited to: (A) a demonstration of the airflow rate through the direct ozone reduction device and the ozone-reducing efficiency of the device over the range of speeds encountered in the Unified Cycle Driving Schedule. (B) an evaluation of the durability of the device for the full useful life of the vehicle; and (C) a description of the on-board diagnostic strategy for monitoring the performance of the device in-use. Using the above information, the Executive Officer shall determine the value of the NMOG credit based on the calculated change in the one-hour peak ozone level using an approved airshed model. (13)NOx Credits for Pre-2004 MDVs Certified to the LEV I LEV or ULEV Standards.Prior to the 2004 model year, a manufacturer may earn a 0.02 g/mi per vehicle NOx credit for MDVs between 6,000-8500 lbs. GVW certified to the LEV I LEV or ULEV standards for PCs and LDTs set forth in section 1960.1(g)(1). The manufacturer may apply the credit on a per vehicle basis to the NOx emissions of LDTs between 6,000-8500 lbs. GVW certified to the PC/LDT LEV or ULEV standards in section 1961(a)(1) for the 2004 through 2008 model years. (14)When a Federally-Certified Vehicle Model is Required in California. (A)General Requirement.Whenever a manufacturer federally-certifies a 2004 or subsequent model-year passenger car, light-duty truck or medium-duty vehicle model to the standards for a particular emissions bin that are more stringent than the standards for an applicable California emission 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 in Tables S04-1 and S04-2 of 40 CFR s 86.1811-04(c) as adopted February 10, 2000. The criteria for applying this requirement are set forth in Part I. Section H.1 of the "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 section 1961(d). (B)Exception for clean fuel fleet vehicles.Section 1961(a)(14)(A) does not apply in the case of a federally-certified 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 from the requirement 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. (C)Opt-in for 2003 or prior model year vehicles.A manufacturer may certify a passenger car, light-duty truck or medium-duty vehicle to federal exhaust emission standards pursuant to section 1961(a)(14)(A) prior to the 2004 model year. (15)Emission Standard for a Fuel-Fired Heater. Whenever a manufacturer elects to utilize an on-board fuel-fired heater on any passenger car, light-duty truck or medium-duty vehicle, the fuel-fired heater must meet LEV II ULEV standards for passenger cars and light-duty trucks less than 8,500 pounds GVW as set forth in section 1961(a)(1). On-board fuel-fired heaters may not be operable at ambient temperatures above 40 <> F. (b)Emission Standards Phase-In Requirements for Manufacturers. (1)Fleet Average NMOG Requirements for Passenger Cars and Light-Duty Trucks. (A) The fleet average non-methane organic gas exhaust mass emission values from the passenger cars and light-duty trucks certified to the Tier 1, LEV I and LEV II standards that are produced and delivered for sale in California each model year by a manufacturer other than a small volume manufacturer or an independent low volume manufacturer shall not exceed: FLEET AVERAGE NON-METHANE ORGANIC GAS EXHAUST MASS EMISSION REQUIREMENTS FOR LIGHT-DUTY VEHICLE WEIGHT CLASSES (50,000 mile Durability Vehicle Basis) Model Year Fleet Average NMOG (grams per mile) All PCs; LDTs LDTs 0-3750 lbs. 3751 lbs. LVW - 8500 lbs. LVW GVW 2001 0.070 0.098 2002 0.068 0.095 2003 0.062 0.093 2004 0.053 0.085 2005 0.049 0.076 2006 0.046 0.062 2007 0.043 0.055 2008 0.040 0.050 2009 0.038 0.047 2010+ 0.035 0.043 (B)Calculation of Fleet Average NMOG Value. 1.Basic Calculation. a. Each manufacturer's PC and LDT1 fleet average NMOG value for the total number of PCs and LDT1s produced and delivered for sale in California shall be calculated as follows: (<> [Number of vehicles in a test group x applicable emission standard] + <> [Number of hybrid electric vehicles in a test group x HEV NMOG factor]) / Total Number of Vehicles Produced, Including ZEVs and HEVs b. Each manufacturer's LDT2 fleet average NMOG value for the total number of LDT2s produced and delivered for sale in California shall be calculated as follows: <> [Number of vehicles in a test group x applicable emission standard] + <> [Number of hybrid electric vehicles in a test group x HEV NMOG factor]) / <> Total Number of Vehicles Produced, Including ZEVs and HEVs c. The applicable emission standards to be used in the above equations are as follows: Model Year Emission Emission Standard Value Category All PCs; LDTs LDTs 0-3750 3751-5750 lbs. lbs. LVW LVW 2001 and subsequent (s1960.5 "AB All Federal Federal 965" Emission Emission Standard vehicles only) to which Standard to Vehicle is which Certified Vehicle is Certified 2001 - 2003 (s1960.1(f)(2)) Tier 1 0.25 0.32 2001 - 2006 model year vehicles TLEVs 0.125 0.160 certified to the "LEV I" standards LEVs 0.075 0.100 in s1960.1(g)(1) (For TLEVs, 2001 - ULEVs 0.040 0.050 2003 model years only) Model Year Emission All PCs; LDTs Category LDTs 0-3750 3751 lbs. lbs. LVW LVW-8500 lbs. GVW 2004 and subsequent model year LEVs 0.075 0.075 vehicles certified to the "LEV II" ULEVs 0.040 0.040 standards in s1961(a)(1) SULEVs 0.01 0.01 2004 and subsequent model year LEVs 0.06 0.06 vehicles certified to the optional 150,000 ULEVs 0.03 0.03 mile "LEV II" standards for PCs and LDTs in SULEVs 0.0085 0.0085 1961(a)(1) 2.HEV NMOG Factor.The HEV NMOG factor for light-duty vehicles is calculated as follows: LEV HEV Contribution Factor = 0.075 - [(Zero-emission VMT Factor) x 0.035] ULEV HEV Contribution Factor = 0.040 - [(Zero-emission VMT Factor) x 0.030] where Zero-emission VMT Factor for HEVs is determined in accordance with section 1962. 3.Federally-Certified Vehicles.A vehicle certified to the federal standards for a federal exhaust emissions bin in accordance with Section H.1 of the "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 section 1961(d), shall use the corresponding intermediate useful life NMOG standard to which the vehicle is deemed certified in the fleet average calculation. (C)Requirements for Small Volume Manufacturers. 1. In 2001 through 2006 model years, a small volume manufacturer shall not exceed a fleet average NMOG value of 0.075 g/mi for PCs and LDTs from 0-3750 lbs. LVW or 0.100 g/mi for LDTs from 3751-5750 lbs. LVW calculated in accordance with section 1961(b)(1)(B). In 2007 and subsequent model years, a small volume manufacturer shall not exceed a fleet average NMOG value of 0.075 for PCs and LDTs from 0-3750 lbs. LVW or 0.075 for LDTs from 3751 lbs. LVW - 8500 lbs. GVW calculated in accordance with section 1961(b)(1)(B). 2. If a manufacturer's average California sales exceed 4500 units of new PCs, LDTs, MDVs and heavy duty engines based on the average number of vehicles sold for the three previous consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply with the fleet average requirements applicable to larger manufacturers as specified in section 1961(b)(1) beginning with the fourth model year after the last of the three consecutive model years. 3. If a manufacturer's average California sales fall below 4500 units of new PCs, LDTs, MDVs and heavy duty engines based on the average number of vehicles sold for the three previous consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to the requirements for small volume manufacturers beginning with the next model year. (D)Phase-in Requirements for Independent Low Volume Manufacturers.In 2001 through 2006 model years, an independent low volume manufacturer shall not exceed a fleet average NMOG value of 0.075 g/mi for PCs and LDTs from 0-3750 lbs. LVW or 0.100 g/mi for LDTs from 3751-5750 lbs. LVW calculated in accordance with section 1961(b)(1)(B). In 2007 and subsequent model years, an independent low volume manufacturer shall not exceed a fleet average NMOG value of 0.060 for PCs and LDTs from 0-3750 lbs. LVW or 0.065 g/mi for LDTs from 3751 lbs. LVW - 8500 lbs. GVW calculated in accordance with section 1961(b)(1)(B). (E)Treatment of ZEVs.ZEVs classified as LDTs (>3750 lbs. LVW) that have been counted toward the ZEV requirement for PCs and LDTs (0-3750 lbs. LVW) as specified in section 1962 shall be included as LDT1s in the calculation of a fleet average NMOG value. (2)LEV II Phase-In Requirement for PCs and LDTs. Beginning in the 2004 model year, a manufacturer, except a small volume manufacturer or an independent low volume manufacturer, shall certify a percentage of its PC and LDT fleet to the LEV II standards in section 1961(a) according to the following phase in schedule: Model Year PC/LDT1 (%) LDT2 (%) 2004 25 25 2005 50 50 2006 75 75 2007 100 100 In determining compliance with the phase-in schedule, the fleet shall consist of LEV I and LEV II PCs and LDT1s for the PC/LDT1 calculation, and LEV I and LEV II LDT2s for the LDT2 calculation. LEV I MDVs are not counted in the calculation until they are certified as LEV II LDT2s. A manufacturer may use an alternative phase-in schedule to comply with these phase-in requirements as long as equivalent NOx emission reductions are achieved by the 2007 model year from each of the two categories - PC/LDT1 and LDT2. Model year emission reductions shall be calculated by multiplying the percent of either PC/LDT1 or LDT2 vehicles meeting the LEV II standards in a given model year (based on a manufacturer's projected sales volume of vehicles in each category) by 4 for the 2004 model year, 3 for the 2005 model year, 2 for the 2006 model year and 1 for the 2007 model year. The yearly results for PCs/LDT1s shall be summed together to determine a separate cumulative total for PCs/LDT1s and the yearly results for LDT2s shall be summed together to determine a cumulative total for LDT2s. The cumulative total for each category must be equal to or exceed 500 to be considered equivalent. A manufacturer may add vehicles introduced before the 2004 model year (e.g., the percent of vehicles introduced in 2003 would be multiplied by 5) to the cumulative total. (3)Medium-Duty Vehicle Phase-In Requirements. (A) A manufacturer of MDVs, other than a small volume manufacturer, shall certify an equivalent percentage of its MDV fleet according to the following phase-in schedule: Vehicles Certified to Vehicles Certified to s1960.1(h)(1), Model Year (h)(2), and s1961(a)(1) (%) s1956.8(g) or (h) (%) LEV ULEV Tier 1 LEV ULEV 2001 80 20 100 0 0 2002 70 30 0 100 0 2003 60 40 0 100 0 2004 + 40 60 0 0 100 (B)Phase-In Requirements for LEV II MDVs. For the 2004 through 2006 model years, a manufacturer, other than a small volume manufacturer must phase-in at least one test group per model year to the MDV LEV II standards. All 2007 and subsequent model year MDVs, including those produced by a small volume manufacturer, are subject to the LEV II MDV standards. Beginning in the 2005 model year, all medium-duty engines certified to the optional medium-duty engine standards in title 13, CCR s1956.8(c) or (h), including those produced by a small volume manufacturer, must meet the standards set forth in title 13, CCR s1956.8(c) or (h), as applicable. A manufacturer that elects to certify to the Option 1 or Option 2 federal standards as set forth in 40 CFR s86.005-10(f) is not subject to these phase-in requirements. (C)Identifying a Manufacturer's MDV Fleet. For the 2001 and subsequent model years, each manufacturer's MDV fleet shall be defined as the total number of California-certified MDVs produced and delivered for sale in California. The percentages shall be applied to the manufacturers' total production of California-certified medium-duty vehicles delivered for sale in California. For the 2005 and subsequent model years, a manufacturer that elects to the optional medium-duty engine standards in title 13, CCR, s1956.8(c) or (h) shall not count those engines in the manufacturer's total production of California-certified medium-duty vehicles for purposes of this subsection. (D)Requirements for Small Volume Manufacturers.In 2001 through 2003 model years, a small volume manufacturer shall certify, produce, and deliver for sale in California vehicles or engines certified to the MDV Tier 1 standards in a quantity equivalent to 100% of its MDV fleet. In 2004 through 2006 model years, a small volume manufacturer shall certify, produce, and deliver for sale in California vehicles or engines certified to the MDV LEV I standard in a quantity equivalent to 100% of its MDV fleet. Engines certified to these MDV LEV I standards are not be eligible for emissions averaging. (E) For a manufacturer that elects to certify to the optional medium-duty engine standards in title 13, CCR s1956.8(c) or (h), all such 2005 and subsequent model year MDVs, including those produced by a small volume manufacturer, shall be subject to the emissions averaging provisions applicable to heavy-duty diesel or Otto-cycle engines as set forth in the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines," or the "California Exhaust Emissions Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines, incorporated by reference in s1956.8(b) or (d), as applicable. (c)Calculation of NMOG Credits/Debits (1)Calculation of NMOG Credits for Passenger Cars and Light-Duty Trucks.In 2001 and subsequent model years, a manufacturer that achieves fleet average NMOG values lower than the fleet average NMOG requirement for the corresponding model year shall receive credits in units of g/mi NMOG determined as: [(Fleet Average NMOG Requirement) - (Manufacturer's Fleet Average NMOG Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs). A manufacturer with 2001 and subsequent model year fleet average NMOG values greater than the fleet average requirement for the corresponding model year shall receive debits in units of g/mi NMOG equal to the amount of negative credits determined by the aforementioned equation. For the 2001 and subsequent model years, the total g/mi NMOG credits or debits earned for PCs and LDTs 0- 3750 lbs. LVW, for LDTs 3751-5750 lbs. LVW and for LDTs 3751 lbs. LVW - 8500 lbs. GVW shall be summed together. The resulting amount shall constitute the g/mi NMOG credits or debits accrued by the manufacturer for the model year. (2)Calculation of Vehicle Equivalent NMOG Credits for Medium-Duty Vehicles. (A) In 2001 and subsequent model years, a manufacturer that produces and delivers for sale in California MDVs in excess of the equivalent requirements for LEVs, ULEVs and/or SULEVs certified to the exhaust emission standards set forth in section 1961(a)(1) or to the exhaust emission standards set forth in Title 13, CCR, Section 1956.8(h) shall receive "Vehicle-Equivalent Credits" (or "VECs") calculated in accordance with the following equation, where the term "produced" means produced and delivered for sale in California: ([(No. of LEVs Produced excluding HEVs) + (No. of LEV HEVs x HEV VEC factor for LEVs)] + (1.20 x No. of LEVs certified to the 150,000 mile standards)) - (Equivalent No. of LEVs Required to be Produced)) + ([(1.4) x (No. of ULEVs Produced excluding HEVs) + (No. of ULEV HEVs x HEV VEC factor for ULEVs)] + (1.50 x No. of ULEVs certified to the 150,000 mile standards)) - [(1.4) x (Equivalent No. of ULEVs Required to be Produced)]) + ([(1.7) x (No. of SULEVs Produced excluding HEVs) + (No. of SULEV HEVs x HEV VEC factor for SULEVs)] + (1.75 x No. of SULEVs certified to the 150,000 mile standards)) - [(1.7) x [(Equivalent No. of SULEVs Required to be Produced)]) + [(2.0) x (No. of ZEVs Certified and Produced as MDVs)]. MDVs certified prior to the 2004 model year to the LEV I LEV or ULEV standards for PCs and LDTs 0-3750 lbs. LVW set forth in section E.1 of these test procedures shall receive VECs calculated in accordance with the following equation, where the term "produced" means produced and delivered for sale in California: [(1.6) x (No. of MDVs meeting the LEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW excluding HEVs) + (No. of HEVs meeting the LEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW x HEV VEC factor for MDVs meeting the LEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW)]+ [(1.65 x No. of MDVs certified to the 150,000 mile LEV I LEV standards for PCs and LDTs 0-3750 lbs. )] + [(1.8) x (No. of MDVs meeting the LEV I ULEV standards for PCs and LDTs 0-3750 lbs. LVW excluding HEVs) + (No. of HEVs meeting the LEV I ULEV standards for PCs and LDTs 0-3750 lbs. LVW x HEV VEC factor for MDVs meeting the LEV I ULEV standards for PCs and LDTs 0-3750 lbs. LVW)]+ [(1.85 x No. of MDVs certified to the 150,000 mile LEV I ULEV standards for PCs and LDTs 0-3750 lbs.)]. (B)MDV HEV VEC factor. The MDV HEV VEC factor is calculated as follows: 1 + [(LEV standard - ULEV standard) x (Zero-emission VMT Factor) BLEV standard] for LEVs; 1 + [(ULEV standard - SULEV standard) x (Zero-emission VMT Factor) BULEV standard] for ULEVs; 1 + [(SULEV standard - ZEV standard) x (Zero-emission VMT Factor) BSULEV standard] for SULEVs; where "Zero-emission VMT Factor" for an HEV is determined in accordance with section 1962. The HEV VEC factor for MDVs prior to model year 2004 meeting the LEV I LEV and ULEV standards for PCs and LDTs 0-3750 lbs. LVW is calculated as follows: 1 + [(MDV SULEV standard - PC LEV I LEV standard) x (Zero-emission VMT Factor) BPC LEV I LEV standard] for MDVs meeting the LEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW; 1 + [(MDV SULEV standard - PC ULEV standard) x (Zero-emission VMT Factor) BPC LEV I ULEV standard] for MDVs meeting the ULEV I LEV standards for PCs and LDTs 0-3750 lbs. LVW. (C) A manufacturer that fails to produce and deliver for sale in California the equivalent quantity of MDVs certified to LEV, ULEV and/or SULEV exhaust emission standards, shall receive "Vehicle-Equivalent Debits" (or "VEDs") equal to the amount of negative VECs determined by the equation in section 1961(c)(2)(A). (D) Only ZEVs certified as MDVs and not used to meet the ZEV requirement shall be included in the calculation of VECs. (3)Procedure for Offsetting Debits. (A) A manufacturer shall equalize emission debits by earning g/mi NMOG emission credits or VECs in an amount equal to the g/mi NMOG debits or VEDs, or by submitting a commensurate amount of g/mi NMOG credits or VECs to the Executive Officer that were earned previously or acquired from another manufacturer. For 2001 through 2003 and for 2007 and subsequent model years, manufacturers shall equalize emission debits by the end of the following model year. For 2004 through 2006 model years, a manufacturer shall equalize NMOG debits for PCs and LDTs and LEV II MDVs within three model years and prior to the end of the 2007 model year. If emission debits are not equalized within the specified time period, the manufacturer shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of passenger cars and light-duty trucks not meeting the state board's emission standards shall be determined by dividing the total amount of g/mi NMOG emission debits for the model year by the g/mi NMOG fleet average requirement for PCs and LDTs 0-3750 lbs. LVW applicable for the model year in which the debits were first incurred and the number of medium-duty vehicles not meeting the state board's emission standards shall be equal to the amount of VEDs incurred. (B) The emission credits earned in any given model year shall retain full value through the subsequent model year. The value of any credits not used to equalize the previous model-year's debit shall be discounted by 50% at the beginning of second model year after being earned, shall be discounted to 25% of its original value if not used by the beginning of the third model year after being earned, and will have no value if not used by the beginning of the fourth model year after being earned. (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 August 4, 2005, 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 Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes," incorporated by reference in section 1962. (e)Abbreviations.The following abbreviations are used in this section 1961: "ALVW" means adjusted loaded vehicle weight. "ASTM" means American Society of Testing and Materials. "CO" means carbon monoxide. "FTP" means Federal Test Procedure. "g/mi" means grams per mile. "GVW" means gross vehicle weight. "GVWR" means gross vehicle weight rating. "HEV" means hybrid-electric vehicle. "LDT" means light-duty truck. "LDT1" means a light-duty truck with a loaded vehicle weight of 0-3750 pounds. "LDT2" means a "LEV II" light-duty truck with a loaded vehicle weight of 3751 pounds to a gross vehicle weight of 8500 pounds or a "LEV I" light-duty truck with a loaded vehicle weight of 3751-5750 pounds. "LEV" means low-emission vehicle. "LPG" means liquefied petroleum gas. "LVW" means loaded vehicle weight. "MDV" means medium-duty vehicle. "mg/mi" means milligrams per mile. "NMHC" means non-methane hydrocarbons. "Non-Methane Organic Gases" or "NMOG" means the total mass of oxygenated and non-oxygenated hydrocarbon emissions. "NOx" means oxides of nitrogen. "PC" means passenger car. "SULEV" means super-ultra-low-emission vehicle. "TLEV" means transitional low-emission vehicle. "ULEV" means ultra-low-emission vehicle. "VEC" means vehicle-equivalent credits. "VED" means vehicle-equivalent debits. "VMT" means vehicle miles traveled. "ZEV" means zero-emission vehicle. 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. s 1961.1. Greenhouse Gas Exhaust Emission Standards and Test Procedures - 2009 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty 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, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. (A) 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: FLEET AVERAGE GREENHOUSE GAS EXHAUST MASS EMISSION REQUIREMENTS FOR PASSENGER CAR, LIGHT-DUTY TRUCK, AND MEDIUM-DUTY PASSENGER VEHICLE WEIGHT CLASSES [FN1] (4,000 mile Durability Vehicle Basis) Fleet Average Greenhouse Gas Emissions (grams per mile CO 2 - equivalent All PCs; LDTs LDTs 0-3750 lbs. 3751 lbs. LVW - 8500 lbs. Model Year LVW 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 [FN1]1 Each manufacturer shall demonstrate compliance with these values in accordance with section 1961.l(a)(1)(B). (B)Calculation of Fleet Average Greenhouse Gas Value. 1.Basic Calculation. a. Each manufacturer shall calculate both a "city" grams per mile average CO 2 -equivalent value for each GHG vehicle test group and a "highway" grams per mile average CO 2 -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. Greenhouse Gas emissions used for the "city" CO 2 -equivalent value calculation shall be measured using the "FTP" test cycle (40 CFR, Part 86, Subpart B). Greenhouse Gas emissions used for the "highway" CO 2 -equivalent value calculation shall be based on emissions measured using the Highway Test Procedures. CO2-Equivalent Value = CO2+ 296 x N20 + 23 x CH4- 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. 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. i. A "low-leak air conditioning system" shall be defined as one that meets all of the following criteria: A. All pipe and hose connections are equipped with multiple o-rings, seal washers, or metal gaskets only (e.g., no single o-rings); B. All hoses in contact with the refrigerant must be ultra-low permeability barrier or veneer hose on both the high-pressure and the low-pressure sides of the system (e.g., no rubber hoses); and C. Only multiple-lip compressor shaft seals shall be used (with either compressor body o-rings or gaskets). ii. For an air conditioning system that uses HFC-134a as the refrigerant: A. An A/C Direct Emissions Allowance of 3.0 CO 2 -equivalent grams per mile shall apply if the system meets the criteria for a "low-leak air conditioning system." B. An A/C Direct Emissions Allowance of 3.0 CO 2 -equivalent grams per mile shall apply if the manufacturer demonstrates alternative technology that achieves equal or lower direct emissions than a "low-leak air conditioning system." C. An A/C Direct Emissions Allowance greater than 3.0 CO 2 - equivalent grams per mile may apply for an air conditioning system that reduces refrigerant leakage further than would be obtained from a "low-leak air conditioning system." A maximum A/C Direct Emissions Allowance of 6.0 CO 2 -equivalent grams per mile may be earned for an air conditioning system that has 100 percent containment of refrigerant during "normal operation." To obtain an A/C Direct Emissions Allowance greater than 3.0 CO 2 -equivalent grams per mile, the manufacturer must provide an engineering evaluation that supports the allowance requested. iii. For an air conditioning system that uses HFC-152a, CO 2 refrigerant, or any refrigerant with a GWP of 150 or less: An A/C Direct Emissions Allowance shall be calculated using the following formula: A/C Direct Emissions Allowance = A - (B x C) where: A = 9 CO 2 -equivalent grams per mile (the lifetime vehicle emissions expected from an air conditioning system that uses refrigerant HFC-134a); B=9 CO 2 - equivalent g/mi x GWP/1300 where: B is the lifetime vehicle emissions expected from an air conditioning system that uses a refrigerant with a GWP of 150 or less, and "GWP" means the GWP of this refrigerant; and C = 1, except for an air conditioning system that meets the criteria of a "low-leak air conditioning system." For an air conditioning system that meets or exceeds the criteria of a "low-leak air conditioning system," the following formula shall apply: C =1 - (0.12 x credit) where: "credit" equals 3.0 CO 2 -equivalent grams per mile for a "low-leak air conditioning system" that meets the criteria of section 1961.1(a)(1)(B)1.b.i., or "credit" equals a value greater than 3.0 CO 2 -equivalent grams per mile for an air conditioning system that reduces refrigerant leakage further than would be obtained from a "low-leak air conditioning system." A maximum credit of 6.0 CO 2 -equivalent grams per mile may be earned for an air conditioning system that has 100 percent containment of refrigerant during normal operation. To obtain a credit greater than 3.0 CO 2 -equivalent grams per mile, the manufacturer must provide an engineering evaluation that supports the credit requested. 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 CO 2 -equivalent grams per mile emissions reductions. i. An "A/C system with reduced indirect emissions" shall be defined as one that meets all of the following criteria: A. Has managed outside and recirculated air balance to achieve comfort, demisting, and safety requirements, based on such factors as temperature, humidity, pressure, and level of fresh air in the passenger compartment to minimize compressor usage; B. Is optimized for energy efficiency by utilizing state-of-the-art high efficiency evaporators, condensors, and other components; and C. Has an externally controlled compressor (such as an externally controlled variable displacement or variable speed compressor or an externally controlled fully cycling fixed displacement compressor) that adjusts evaporative temperature to minimize the necessity of reheating cold air to satisfy occupant comfort. ii. For an A/C system that meets all of the criteria for an "A/C system with reduced indirect emissions," the allowance shall be calculated using the following emission factors, up to a maximum allowance of 9.0 CO 2 -equivalent grams per mile if the system has one evaporator and up to a maximum allowance of 11.0 CO 2 -equivalent grams per mile if the system has two evaporators: A. 5.0 CO 2 -equivalent grams per mile per 100 cc of maximum compressor displacement for a system that does not use CO 2 as the refrigerant B. 27.5 CO 2 -equivalent grams per mile per 100 cc of maximum compressor displacement for a system that uses CO 2 as the refrigerant iii. For an air conditioning system equipped with a refrigerant having a GWP of 150 or less, the allowance shall be calculated using the following emission factors, up to a maximum allowance of 0.5 CO 2 -equivalent grams per mile: A. 0.2 CO 2 -equivalent grams per mile per 100cc of maximum compressor displacement for a system that does not use CO 2 as the refrigerant and B. 1.1 CO 2 -equivalent grams per mile per 100cc of maximum compressor displacement for a system that uses CO 2 as the refrigerant. d.Upstream Greenhouse Gas Emission Adjustment Factors for Alternative Fuel Vehicles.A grams per mile average CO 2 -equivalent value for each GHG vehicle test group certifying on a fuel other than conventional gasoline, including vehicles certified in accordance with section 1960.5 and vehicles certified in accordance with section 1961(a)(14), shall be calculated as follows: (CO 2 + A/C Indirect Emissions) x (Fuel Adjustment Factor) + 296 x N 2 O + 23 x CH 4 + A/C Direct Emissions where: A/C Indirect Emissions = A - B where: "A" represents the indirect emissions associated with an A/C system that does not incorporate any of the A/C improvements described in section 1961.1(a)(1)(B)1.c. A is determined by the following emission factors, with a maximum value of 17.0 CO 2 -equivalent grams per mile for a system that has one evaporator and a maximum value of 21.0 CO 2 -equivalent grams per mile for a system that has two evaporators. A = 9.6 CO 2 -equivalent grams per mile per 100cc of maximum compressor displacement for an A/C system that does not use CO 2 as the refrigerant or A = 52.8 CO 2 -equivalent grams per mile per 100cc of maximum compressor displacement for an A/C system that uses CO 2 as the refrigerant. B = A/C Indirect Emissions Allowance as calculated per section 1961.1(a)(1)(B)1.c. A/C Direct Emissions = 9 CO 2 -equivalent grams per mile - A/C Direct Emissions Allowance as calculated per section 1961. 1(a)(1)(B)1.b. The Fuel Adjustment Factors are: Fuel Fuel Adjustment Factor Natural Gas 1.03 LPG 0.89 E85 0.74 e.Calculation of CO 2 -Equivalent Emissions for Hydrogen Internal Combustion Engine Vehicles and for Electric and Hydrogen ZEVs.The grams per mile average CO 2 -equivalent value for each GHG vehicle test group certifying to ZEV standards, including vehicles certified in accordance with section 1960.5 and vehicles certified in accordance with section 1961(a)(14), shall be: A/C Direct Emissions + Upstream Emissions Factor where: A/C Direct Emissions = 9 CO 2 -equivalent grams per mile - A/C Direct Emissions Allowance as calculated per section 1961 .1(a)(1)(B)1.b. The Upstream Emissions Factors are: Upstream Emissions Factor 1 Vehicle Type (CO 2 - equivalent g/mi) Electric ZEV 130 Hydrogen Internal Combustion Engine 290 Vehicle Hydrogen ZEV 210 1 The Executive Officer may approve use of a lower upstream emissions factor if a manufacturer demonstrates the appropriateness of the lower value by providing information that includes, but is not limited to, the percentage of hydrogen fuel or the percentage of electricity produced for sale in California using a "renewable energy resource." 2.Calculation of Greenhouse Gas Values for Bi-Fuel Vehicles, Fuel-Flexible Vehicles, Dual-Fuel Vehicles, and Grid-connected Hybrid Electric Vehicles.For bi-fuel, fuel-flexible, dual-fuel, and grid-connected hybrid, electric vehicles, a manufacturer shall calculate a grams per mile average CO 2 - equivalent value for each GHG vehicle test group, in accordance with section 1961.1(a)(1)(B)1., based on exhaust mass emission tests when the vehicle is operating on gasoline. a.Optional Alternative Compliance Mechanisms.Beginning with the 2010 model year, a manufacturer that demonstrates that a bi-fuel, fuel-flexible, dual-fuel, or grid-connected hybrid electric GHG vehicle test group will be operated in use in California on the alternative fuel shall be eligible to certify those vehicles using this optional alternative compliance procedure, upon approval of the Executive Officer. i. To demonstrate that bi-fuel, fuel-flexible, dual-fuel, or grid-connected hybrid electric vehicles within a GHG vehicle test group will be operated in use in California on the alternative fuel, the manufacturer shall provide data that shows the previous model year sales of such vehicles to fleets that provide the alternative fuel on-site or, for grid-connected hybrid electric vehicles, to end users with the capability to recharge the vehicle on-site. This data shall include both the total number of vehicles sales that were made to such fleets or end users with the capability to recharge the vehicle on-site and as the percentage of total GHG vehicle test group sales. The manufacturer shall also provide data demonstrating the percentage of total vehicle miles traveled by the bi-fuel, fuel-flexible, dual-fuel, or grid-connected hybrid electric vehicles sold to each fleet or to end users with the capability to recharge the vehicle on-site in the previous model year using the alternative fuel and using gasoline. ii. For each GHG vehicle test group that receives approval by the Executive Officer under section 1961.1(a)(1)(B)2.a.i., a grams per mile CO 2 - equivalent value shall be calculated as follows: CO 2 -equivalent value = [A x E x B x C] + [(1 - (A x E x B)) x D] where: A = the percentage of previous model year vehicles within a GHG vehicle test group that were operated in use in California on the alternative fuel during the previous calendar year; B = the percentage of miles traveled by "A" during the previous calendar year; C = the CO 2 -equivalent value for the GHG vehicle test group, as calculated in section 1961.1(a)(1)(B)1, when tested using the alternative fuel; D = the CO 2 -equivalent value for the GHG vehicle test group, as calculated in section 1961.1(a)(1)(B)1, when tested using gasoline; and E = 0.9 for grid-connected hybrid electric vehicles or E = 1 for bi-fuel, fuel-flexible, and dual-fuel vehicles. The Executive Officer may approve use of a higher value for "E" for a grid-connected hybrid electric vehicle GHG vehicle test group if a manufacturer demonstrates that the vehicles can reasonably be expected to maintain more than 90 percent of their original battery capacity over a 200,000 mile vehicle lifetime. The manufacturer may demonstrate the appropriateness of a higher value either by providing data from real world vehicle operation; or by showing that these vehicles are equipped with batteries that do not lose energy storage capacity until after 100,000 miles; or by offering 10 year/150,000 mile warranties on the batteries. iii. For the first model year in which a grid-connected hybrid electric vehicle model is certified for sale in California, the manufacturer may estimate the sales and percentage of total vehicle miles traveled information requested in section 1961.1(a)(1)(B)2.a.i. in lieu of providing actual data, and provide final sales data and data demonstrating the percentage of total vehicle miles traveled using electricity by no later than March 1 of the calendar year following the close of the model year. 3.Calculation of Fleet Average Greenhouse Gas Values. a. Each manufacturer's PC and LDT1 fleet average Greenhouse Gas value for the total number of PCs and LDT1s produced and delivered for sale in California, including vehicles certified in accordance with section 1960.5 and vehicles certified in accordance with section 1961(a)(14), shall be calculated as follows: [0.55 x (RCity Test Group Greenhouse Gas Values) + 0.45 x (RHighway Test Group Greenhouse Gas Values)] PTotal Number of PCs and LDT1s Produced, Including ZEVs and HEVs where: City Test Group Greenhouse Gas Value = [(Total Number of Vehicles in a Test Group - RNumber of Vehicles in Optional GHG Test Vehicle Configurations) x "worst-case" calculated CO 2 -equivalent value + R(Number of vehicles in Optional GHG Test Vehicle Configurations x applicable calculated CO 2 - equivalent value)] measured using the FTP test cycle; and Highway Test Group Greenhouse Gas Value = [(Total Number of Vehicles in a Test Group - R(Number of Vehicles in Optional GHG Test Vehicle Configurations) x "worst-case" calculated CO 2 -equivalent value + R(Number of vehicles in Optional GHG Test Vehicle Configurations x applicable calculated CO 2 - equivalent value)] measured using the Highway Test Procedures. b. Each manufacturer's LDT2 and MDPV fleet average Greenhouse Gas value for the total number of LDT2s and MDPVs produced and delivered for sale in California, including vehicles certified in accordance with section 1960.5 and vehicles certified in accordance with section 1961(a)(14), shall be calculated as follows: [0.55 x (RCity Test Group Greenhouse Gas Values) + 0.45 x (RHighway Test Group Greenhouse Gas Values)] PTotal Number of LDT2s and MDPVs Produced, Including ZEVs and HEVs where: City Test Group Greenhouse Gas Value = [(Total Number of Vehicles in a Test Group - RNumber of Vehicles in Optional GHG Test Vehicle Configurations) x "worst-case" calculated CO 2 -equivalent value + R(Number of vehicles in Optional GHG Test Vehicle Configurations x applicable calculated CO 2 - equivalent value)] measured using the FTP test cycle; and Highway Test Group Greenhouse Gas Value = [(Total Number of Vehicles in a Test Group - RNumber of Vehicles in Optional GHG Test Vehicle Configurations) x "worst-case" calculated CO 2 -equivalent value + R(Number of vehicles in Optional GHG Test Vehicle Configurations x applicable calculated CO 2 - equivalent value)] measured using the Highway Test Procedures. (C)Requirements for Intermediate Volume Manufacturers. 1. Before the 2016 model year, compliance with this section 1961.1 shall be waived for intermediate volume manufacturers. 2. For each intermediate volume manufacturer, the manufacturer's baseline fleet average greenhouse gas value for PCs and LDT1s and baseline fleet average greenhouse gas value for LDT2s and MDPVs shall be calculated, in accordance with section 1961.1(a)(1)(B) using its 2002 model year fleet. 3. In 2016 and subsequent model years, an intermediate volume manufacturer shall either: a. not exceed a fleet average greenhouse gas emissions value of 233 g/mi for PCs and LDT1s and 361 g/mi for LDT2s and MDPVs, or b. not exceed a fleet average greenhouse gas value of 0.75 times the baseline fleet average greenhouse gas value for PCs and LDT1s and 0.82 times the baseline fleet average greenhouse gas value for LDT2s and MDPVs, as calculated in section 1961.1(a)(1)(C)2. 4. If a manufacturer's average annual California sales exceed 60,000 units of new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years, the manufacturer shall no longer be treated as a intermediate volume manufacturer and shall comply with the fleet average requirements applicable to large volume manufacturers as specified in section 1961.1(a)(1) beginning with the fourth model year after the last of the three consecutive model years. 5. If a manufacturer's average annual California sales fall below 60,001 units of new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years, the manufacturer shall be treated as a intermediate volume manufacturer and shall be subject to the requirements for intermediate volume manufacturers beginning with the next model year. (D)Requirements for Small Volume Manufacturers and Independent Low Volume Manufacturers. 1. Before the 2016 model year, compliance with this section 1961.1 shall be waived for small volume manufacturers and independent low volume manufacturers. 2. At the beginning of the 2013 model year, each small volume manufacturer and independent low volume manufacturer shall identify all 2012 model year vehicle models, certified by a large volume manufacturer that are comparable to that small volume manufacturer or independent low volume manufacturer's 2016 model year vehicle models, based on horsepower and horsepower to weight ratio. The small volume manufacturer and independent low volume manufacturer shall demonstrate to the Executive Officer the appropriateness of each comparable vehicle model selected. Upon approval of the Executive Officer, s/he shall provide to the small volume manufacturer and to the independent low volume manufacturer the CO 2 -equivalent value for each 2012 model year vehicle model that is approved. The small volume manufacturer and independent low volume manufacturer shall calculate an average greenhouse gas emissions value for each its greenhouse gas vehicle test groups based on the CO 2 -equivalent values provided by the Executive Officer. 3. In the 2016 and subsequent model years, a small volume manufacturer and an independent low volume manufacturer shall either: a. not exceed the fleet average greenhouse gas emissions value calculated for each GHG vehicle test group for which a comparable vehicle is sold by a large volume manufacturer, in accordance with section 1961.1(a)(1)(D)2; or b. not exceed a fleet average greenhouse gas emissions value of 233 g/mi for PCs and LDT1s and 361 g/mi for LDT2s and MDPVs; or c. upon approval of the Executive Officer, if a small volume manufacturer demonstrates a vehicle model uses an engine, transmission, and emission control system that is identical to a configuration certified for sale in California by a large volume manufacturer, those small volume manufacturer vehicle models are exempt from meeting the requirements in paragraphs 3.a. and b. of this section. 4. If a manufacturer's average annual California sales exceed 4,500 units of new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply with the fleet average requirements applicable to larger volume manufacturers as specified in section 1961.1(a)(1) beginning with the fourth model year after the last of the three consecutive model years. 5. If a manufacturer's average annual California sales exceed 10,000 units of new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years, the manufacturer shall no longer be treated as an independent low volume manufacturer and shall comply with the fleet average requirements applicable to larger volume manufacturers as specified in section 1961.1(a)(1) beginning with the fourth model year after the last of the three consecutive model years. 6. If a manufacturer's average annual California sales fall below 4,501 units of new PCs, LDTs, MDVs and heavy-duty engines based on the average number of vehicles sold for the three previous consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to the requirements for small volume manufacturers beginning with the next model year. (b)Calculation of Greenhouse Gas Credits/Debits. (1)Calculation of Greenhouse Gas Credits for Passenger Cars, Light-Duty Trucks, and Medium-Duty Passenger Vehicles. (A) In the 2000 through 2008 model years, a manufacturer that achieves fleet average Greenhouse Gas values lower than the fleet average Greenhouse Gas requirement applicable to the 2012 model year shall receive credits for each model year in units of g/mi determined as: [(Fleet Average Greenhouse Gas Requirement for the 2012 model year) - (Manufacturer's Fleet Average Greenhouse Gas Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs). (B) In 2009 and subsequent model years, a manufacturer that achieves fleet average Greenhouse Gas values lower than the fleet average Greenhouse Gas requirement for the corresponding model year shall receive credits in units of g/mi Greenhouse Gas determined as: [(Fleet Average Greenhouse Gas Requirement) - (Manufacturer's Fleet Average Greenhouse Gas Value)] x (Total No. of Vehicles Produced and Delivered for Sale in California, Including ZEVs and HEVs). (2) A manufacturer with 2009 and subsequent model year fleet average Greenhouse Gas values greater than the fleet average requirement for the corresponding model year shall receive debits in units of g/mi Greenhouse Gas equal to the amount of negative credits determined by the aforementioned equation. For the 2009 and subsequent model years, the total g/mi Greenhouse Gas credits or debits earned for PCs and LDT1s and for LDT2s and MDPVs shall be summed together. The resulting amount shall constitute the g/mi Greenhouse Gas credits or debits accrued by the manufacturer for the model year. (3)Procedure for Offsetting Greenhouse Gas Debits. (A) A manufacturer shall equalize Greenhouse Gas emission debits by earning g/mi Greenhouse Gas emission credits in an amount equal to the g/mi Greenhouse Gas debits, or by submitting a commensurate amount of g/mi Greenhouse Gas credits to the Executive Officer that were earned previously or acquired from another manufacturer. A manufacturer shall equalize Greenhouse Gas debits for PCs, LDTs, and MDPVs within five model years after they are earned. If emission debits are not equalized within the specified time period, the manufacturer shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer which sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the emission debits are not equalized by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of passenger cars and LDT1s not meeting the state board's emission standards shall be determined by dividing the total amount of g/mi Greenhouse Gas emission debits for the model year by the g/mi Greenhouse Gas fleet average requirement for PCs and LDTs 0-3750 lbs. LVW applicable for the model year in which the debits were first incurred. For the purposes of Health and Safety Code section 43211, the number of LDT2s and MDPVs not meeting the state board's emission standards shall be determined by dividing the total amount of g/mi Greenhouse Gas emission debits for the model year by the g/mi Greenhouse Gas fleet average requirement for LDTs 3751 lbs. LVW - 8500 lbs. GVW and MDPVs applicable for the model year in which the debits were first incurred. (B) Greenhouse Gas emission credits earned in the 2000 through 2008 model years shall be treated as if they were earned in the 2011 model year and shall retain full value through the 2012 model year. Greenhouse Gas emission credits earned in the 2009 and subsequent model years shall retain full value through the fifth model year after they are earned. The value of any credits earned in the 2000 through 2008 model years that are not used to equalize debits accrued in the 2009 through 2012 model years shall be discounted by 50% at the beginning of the 2013 model year, shall be discounted to 25% of its original value if not used by the beginning of the 2014 model year, and will have no value if not used by the beginning of the 2015 model year. Any credits earned in the 2009 and subsequent model years that are not used by the end of the fifth model year after they are accrued shall be discounted by 50% at the beginning of the sixth model year after being earned, shall be discounted to 25% of its original value if not used by the beginning of the seventh model year after being earned, and will have no value if not used by the beginning of the eighth model year after being earned. (c)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," incorporated by reference in section 1961(d). 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 Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes," incorporated by reference in section 1962. (d)Abbreviations.The following abbreviations are used in this section 1961.1: "cc" mean cubic centimeters. "CH 4" means methane. "CO 2" means carbon dioxide. "E85" means a blend of 85 percent ethanol and 15 percent gasoline. "FTP" means Federal Test Procedure. "GHG" means greenhouse gas. "g/mi" means grams per mile. "GVW" means gross vehicle weight. "GVWR" means gross vehicle weight rating. "GWP" means the global warming potential. "HEV" means hybrid-electric vehicle. "LDT" means light-duty truck. "LDT1" means a light-duty truck with a loaded vehicle weight of 0-3750 pounds. "LDT2" means a "LEV II" light-duty truck with a loaded vehicle weight of 3751 pounds to a gross vehicle weight of 8500 pounds. "LEV" means low-emission vehicle. "LPG" means liquefied petroleum gas. "LVW" means loaded vehicle weight. "MDPV" means medium-duty passenger vehicle. "MDV" means medium-duty vehicle. "mg/mi" means milligrams per mile. "N 2 O" means nitrous oxide. "PC" means passenger car. "SULEV" means super-ultra-low-emission vehicle. "ULEV" means ultra-low-emission vehicle. "ZEV" means zero-emission vehicle. (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 CO 2 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. (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) "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. (8) "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. (9) "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. (10) "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. (11) "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. (12) "Worst-Case" means the vehicle configuration within each test group that is expected to have the highest CO 2 -equivalent value, as calculated in section 1961.1(a)(1)(B)1. (f)Severability.Each provision of this section is severable, and in the event that any provision of this section is held to be invalid, the remainder of this article remains in full force and effect. (g)Effective Date of this Section.The requirements of this section 1961.1 shall become effective on January 1, 2006. 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. s 1962. Zero-Emission Vehicle Standards for 2005 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. (a) ZEV Emission Standard.The Executive Officer shall certify new 2005 and subsequent model passenger cars, light-duty trucks and medium-duty vehicles as ZEVs if the vehicles produce zero exhaust emissions of any criteria pollutant (or precursor pollutant) under any and all possible operational modes and conditions. Incorporation of a fuel-fired heater shall not preclude a vehicle from being certified as a ZEV provided: (1) the fuel-fired heater cannot be operated at ambient temperatures above 40 ° F, (2) the heater is demonstrated to have zero fuel evaporative emissions under any and all possible operational modes and conditions, and (3) the emissions of any pollutant from the fuel-fired heater when operated at an ambient temperature between 68 ° F and 86 ° F do not exceed the emission standard for that pollutant for a ULEV under section 1961(a)(1). A vehicle that would meet the emissions standards for a ZEV except that it uses a fuel-fired heater that can be operated at ambient temperatures above 40 ° F, that cannot be demonstrated to have zero fuel evaporative emissions under any and all possible operation modes and conditions, or that has emissions of any pollutant exceeding the emission standard for that pollutant for a ULEV under section 1961(a)(1), shall be certified based on the emission level of the fuel-fired heater. (b) Percentage ZEV Requirements. (1) General Percentage ZEV Requirement. (A) Basic Requirement.The minimum percentage ZEV requirement for each manufacturer is listed in the table below as the percentage of the PCs and LDT1s, and LDT2s to the extent required by section (b)(1)(C), produced by the manufacturer and delivered for sale in California that must be ZEVs, subject to the conditions in this section 1962(b). Model Years Minimum ZEV Requirement 2005 through 2008 10 percent 2009 through 2011 11 percent 2012 through 2014 12 percent 2015 through 2017 14 percent 2018 and subsequent 16 percent (B) Calculating the Number of Vehicles to Which the Percentage ZEV Requirement is Applied.A manufacturer's volume of PCs and LDT1s produced and delivered for sale in California will be averaged for the 1997, 1998, and 1999 model years to determine the California PC and LDT1 production volume for the model year 2005 ZEV requirements. For subsequent three-year periods following model year 2005, a manufacturer's California production volume of PCs and LDT1s, and LDT2s as applicable, will be based on a three-year average of the manufacturer's volume of PCs and LDT1s, and LDT2s as applicable, produced and delivered for sale in California in the prior fourth, fifth and sixth years (e.g. 2006 to 2008 model-year ZEV requirements will be based on California production volumes of PCs and LDT1s, and LDT2s as applicable, for 2000 to 2002 model years). This production averaging is used to determine ZEV requirements only, and has no effect on a manufacturer's size determination. As an alternative to the three year averaging of prior year production described above, a manufacturer may during model year 2005 or the first model year of a subsequent three year period elect to base its ZEV obligation on the number of PCs and LDT1s, and LDT2s to the extent required by section (b)(1)(C), produced by the manufacturer and delivered for sale in California that same year. If a manufacturer elects to use this method after model year 2005 it must be used for each year of the three-year period. In applying the ZEV requirement, a PC, LDT1, or LDT2 (beginning in the 2007 model year) that is produced by a small volume manufacturer, but is marketed in California by another manufacturer under the other manufacturer's nameplate, shall be treated as having been produced by the marketing manufacturer. (C) Phase-in of ZEV Requirements for LDT2s.Beginning with the ZEV requirements for the 2007 model year, a manufacturer's LDT2 production shall be included in determining the manufacturer's overall ZEV requirement under section (b)(1)(A) in the increasing percentages shown the table below. 2007 2008 2009 2010 2011 2012+ 17% 34% 51% 68% 85% 100% (D) Exclusion of ZEVs in Determining a Manufacturer's Sales Volume.In calculating for purposes of sections 1962(b)(1)(B) and 1962(b)(1)(C) the volume of PCs, LDT1s and LDT2s a manufacturer has produced and delivered for sale in California, the manufacturer shall exclude the number of ZEVs produced by the manufacturer, or by a subsidiary in which the manufacturer has a greater than 50% ownership interest, and delivered for sale in California. (2) Requirements for Large Volume Manufacturers. (A) Primary Requirements for Large Volume Manufacturers.In the 2005 through 2008 model years, a large-volume manufacturer must meet at least 20% of its ZEV requirement with ZEVs or ZEV credits generated by such vehicles, and at least another 20% with ZEVs, advanced technology PZEVs, or credits generated by such vehicles. The remainder of the large-volume manufacturer's ZEV requirement may be met using PZEVs or credits generated by such vehicles. As the ZEV requirement increases over time from 10% in model year 2005 to 16% in model years 2018 and subsequent, the maximum portion of a large volume manufacturer's percentage ZEV requirement that may be satisfied by PZEVs that are not advanced technology PZEVs, or credits generated by such vehicles, is limited to 6% of the manufacturer's applicable California PC, LDT1, and LDT2 production volume; advanced technology PZEVs or credits generated by such vehicles may be used to meet up to one-half of the manufacturer's remaining ZEV requirement. (B) Alternative Requirements for Large Volume Manufacturers. 1. Minimum Floor for Production of Type III ZEVs. a. Requirement For the 2005-2008 Model Years. A large volume manufacturer electing to be subject to the alternative compliance requirements during model years 2005 through 2008 must produce, deliver for sale, and place in service in California enough 2001-2008 model-year Type III ZEVs to generate ZEV credits sufficient to meet a cumulative percentage ZEV requirement of 1.09 percent of the manufacturer's average annual California sales of PCs and LDT1s over the five year period from model years 1997 through 2001, or submit an equivalent number of credits generated by such vehicles. The manufacturer may meet up to one half of this requirement with [i] 2004-2008 model-year Type I or Type II ZEVs, provided that 20 Type I ZEVs or 10 Type II ZEVs will equal one Type III ZEV, and [ii] 1997-2003 model-year Type I or Type II ZEVs that qualify for an extended service multiplier under section 1962(f) for a year primarily during calendar years 2004-2008, provided that 33 years of such a multiplier will equal one Type III ZEV. b. Requirement For the 2009-2011 Model Years. A large volume manufacturer electing to be subject to the alternative compliance requirements during model years 2009 through 2011 must produce, deliver for sale, and place in service in California enough 2009-2011 model-year Type III ZEVs to generate ZEV credits sufficient to meet the 2009-2011 alternative path percentage, as calculated pursuant to section 1962(b)(2)(B)1.e., of the manufacturer's section 1962(b)(1) percentage ZEV requirement for the 2010 model year, based on the prior year method described in section 1962(b)(1)(B), or submit an equivalent number of credits generated by such vehicles. The manufacturer may meet up to one half of this requirement with [i] 2009-2011 model-year Type I or Type II ZEVs, provided that 20 Type I ZEVs or 10 Type II ZEVs will equal one Type III ZEV, and [ii] 1997-2003 model-year ZEVs that qualify for an extended service multiplier under section 1962(f) for a year primarily during calendar years 2009-2011, provided that 33 years of such a multiplier will equal one Type III ZEV. c. Requirement For the 2012-2014 Model Years. A large volume manufacturer electing to be subject to the alternative compliance requirements during model years 2012 through 2014 must produce, deliver for sale, and place in service in California enough 2012-2014 model-year Type III ZEVs to generate ZEV credits sufficient to meet the 2012-2014 alternative path percentage, as calculated pursuant to section 1962(b)(2)(B)1.e., of the manufacturer's section 1962(b)(1) percentage ZEV requirement for the 2013 model year, based on the prior year method described in section 1962(b)(1)(B), or submit an equivalent number of credits generated by such vehicles. The manufacturer may meet up to one half of this requirement with 2012-2014 model-year Type I or Type II ZEVs, provided that 10 Type I ZEVs or 5 Type II ZEVs will equal one Type III ZEV. d. Requirement For the 2015-2017 Model Years. A large volume manufacturer electing to be subject to the alternative compliance requirements during model years 2015 through 2017 must produce, deliver for sale, and place in service in California enough 2015-2017 model-year Type III ZEVs to generate ZEV credits sufficient to meet the 2015-2017 alternative path percentage, as calculated in section 1962(b)(2)(B)1.e., of the manufacturer's section 1962(b)(1) percentage ZEV requirement for the 2016 model year, based on the prior year method described in section 1962(b)(1)(B), or submit an equivalent number of credits generated by such vehicles. The manufacturer may meet up to one half of this requirement with 2015-2017 model-year Type I or Type II ZEVs, provided that 10 Type I ZEVs or 5 Type II ZEVs will equal one Type III ZEV. e. Calculation of a Manufacturer's Alternative Path Percentage. A manufacturer's alternative path percentage for a given time period is calculated as the target number of credits for each time period divided by the applicable combined model year ZEV obligation of all large volume manufacturers for that same time period, where: Time Period Target Number Credits Target Combined (MYs) of Alternative per Number of Model Year Alternative Path Path Type III Vehicle Credits ZEV Percentage Obligation ZEVS _______________________________________________________________________________ 2009 - 2011 2,500 4 10,000 A (10,000/A)x100 2012 - 2014 25,000 3 75,000 B (75,000/B)x100 2015 - 2017 50,000 3 150,000 C (150,000/C)x100 And where: A = The combined total section 1962(b)(1) percentage ZEV requirement, based on the prior year method described in section 1962(b)(1)(B), that would apply for all large manufacturers for the 2010 model year, B = The combined total section 1962(b)(1) percentage ZEV requirement, based on the prior year method described in section 1962(b)(1)(B), that would apply for all large manufacturers for the 2013 model year, and C = The combined total section 1962(b)(1) percentage ZEV requirement, based on the prior year method described in section 1962(b)(1)(B), that would apply for all large manufacturers for the 2016 model year. f. Exclusion of Additional Credits for Transportation Systems. Any additional credits for transportation systems generated in accordance with section 1962(g)(5) shall not be counted towards compliance with this section 1962(b)(2)(B)1.a.-d. g. Carry-over of Excess Credits. Where a manufacturer generates more qualifying ZEV credits than are needed to meet the minimum floor requirement for the production of Type III ZEVs in one of the periods identified in section 1962(b)(2)(B)1.a.-c., the qualifying ZEV credits may be used towards meeting the minimum floor requirement for the production of Type III ZEVs in a subsequent period, provided that the value of these carryover credits shall be based on the model year in which the credits are used. h. Failure to Meet Requirement for Production of Type III ZEVs. A manufacturer that, after electing to be subject to the alternative requirements in section 1962(b)(2)(B) for any model year from 2005 through 2017, fails to meet the requirement in section 1962(b)(2)(B)1.a..-d. by the end of the specified three or four year period in which the model year falls, shall be treated as subject to the primary requirements in section 1962(b)(2)(A) for all model years in the specified three or four year period. i. The number of Type III ZEVs needed for a manufacturer under section 1962(b)(2)(B)1. a.-d shall be rounded to the nearest whole number. 2. Compliance With Percentage ZEV Requirements. In the 2005 through 2008 model years, a large volume manufacturer electing to be subject to the alternative compliance requirements in a given model year must meet at least 40 percent of its ZEV requirement for that model year with ZEVs, advanced technology PZEVs, or credits generated from such vehicles. The remainder of the large volume manufacturer's ZEV requirement may be met using PZEVs or credits generated from such vehicles. As the ZEV requirement increases over time from 11% in model year 2009 to 16% in model years 2018 and subsequent, the maximum portion of the large volume manufacturer's percentage ZEV requirement that may be satisfied by PZEVs that are not advanced technology PZEVs, or credits generated by such vehicles, is limited to 6% of the manufacturer's applicable California PC, LDT1, and LDT2 production volume; ZEVs, AT PZEVs, or credits generated by such vehicles may be used to meet the manufacturer's remaining ZEV requirement. 3. Sunset of Alternative Requirements After the 2017 Model Year. The alternative requirements in section 1962(b)(2)(B) are not available after the 2017 model year. (C) Election of the Primary or Alternative Requirements for Large Volume Manufacturers. A large volume manufacturer shall be subject to the primary ZEV requirements for the 2005 model year unless it notifies the Executive Officer in writing prior to the start of the 2005 model year that it is electing to be subject to the alternative compliance requirements for that model year. Thereafter, a manufacturer shall be subject to the same compliance option as applied in the previous model year unless it notifies the Executive Officer in writing prior to the start of a new model year that it is electing to switch to the other compliance option for that new model year. However, a large volume manufacturer that has previously elected to be subject to the primary ZEV requirements for one or more of the model years in the three or four year periods identified in section 1961(b)(1(B)1.a.-d. may prior to the end of the three or four year period elect to become subject to the alternative compliance requirements for the full three or four year period upon a demonstration that it has complied with all of the applicable requirements for that period in section 1962(b)(2)(B)1.a.-d. (D) Use of Credits from Model Year 2003-2004 PZEVs. A large volume manufacturer may produce, and deliver for sale in California, model year 2003 or 2004 PZEVs that generate credits exceeding the number of credits equal to 6 percent of the average annual volume of 1997, 1998 and 1999 PCs and LDT1s produced and delivered for sale in California by the manufacturer. In that event, the manufacturer may use those excess credits as AT PZEV credits in the 2005 and 2006 model years. (3) Requirements for Intermediate Volume Manufacturers.In the 2005 and subsequent model years, an intermediate volume manufacturer may meet its ZEV requirement with up to 100 percent PZEVs or credits generated by such vehicles. (4) Requirements for Small Volume Manufacturers and Independent Low Volume Manufacturers.A small volume manufacturer or an independent low volume manufacturer is not required to meet the percentage ZEV requirements. However, a small volume manufacturer or an independent low volume manufacturer may earn and market credits for the ZEVs or PZEVs it produces and delivers for sale in California. (5) Counting ZEVs and PZEVs in Fleet Average NMOG Calculations. For purposes of calculating a manufacturer's fleet average NMOG value and NMOG credits under sections 1960.1(g)(2) and 1961(b) and (c), a vehicle certified as a ZEV is counted as one ZEV, and a PZEV is counted as one SULEV certified to the 150,000 mile standards regardless of any ZEV or PZEV multipliers. (6) Implementation Prior to 2005 Model Year.Prior to the 2005 model year, a manufacturer that voluntarily produces vehicles meeting the ZEV emission standards applicable to 2005 and subsequent model year vehicles may certify the vehicles to those standards and requirements for purposes of calculating fleet average NMOG exhaust emission values and NMOG credits under sections 1960.1(g)(2) and 1961(b) and (c), and for calculating ZEV credits as set forth in section 1962(g). (7) Changes in Small Volume, Independent Low Volume, and Intermediate Volume Manufacturer Status. (A) Increases in California Production Volume.In the 2003 and subsequent model years, if a small volume manufacturer's average California production volume exceeds 4,500 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, or if an independent low volume manufacturer's average California production volume exceeds 10,000 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, or if an intermediate volume manufacturer's average California production volume exceeds 60,000 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, the manufacturer shall no longer be treated as a small volume, independent low volume, or intermediate volume manufacturer, as applicable, and shall comply with the ZEV requirements for independent low volume, intermediate volume or large volume manufacturers, as applicable, beginning with the sixth model year after the last of the three consecutive model years. The lead time shall be four rather than six years where a manufacturer ceases to be a small or intermediate volume manufacturer in the 2003 or subsequent years due to the aggregation requirements in majority ownership situations, except that if the majority ownership in the manufacturer was acquired prior to the 2001 model year, the manufacturer must comply with the stepped-up ZEV requirements starting in the 2010 model year. (B) Decreases in California Production Volume.If a manufacturer's average California production volume falls below 4,500, 10,000 or 60,000 units of new PCs, LDTs, and MDVs, as applicable, based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, the manufacturer shall be treated as a small volume, independent low volume, or intermediate volume manufacturer, as applicable, and shall be subject to the requirements for a small volume, independent low volume, or intermediate volume manufacturer beginning with the next model year. (C) Calculating California Production Volume in Change of Ownership Situations.Where a manufacturer experiences a change in ownership in a particular model year, the change will affect application of the aggregation requirements on the manufacturer starting with the next model year. The manufacturer's small or intermediate volume manufacturer status for the next model year shall be based on the average California production volume in the three previous consecutive model years of those manufacturers whose production must be aggregated for that next model year. For example, where a change of ownership during the 2004 model year results in a requirement that the production volume of Manufacturer A be aggregated with the production volume of Manufacturer B, Manufacturer A's status for the 2005 model year will be based on the production volumes of Manufacturers A and B in the 2002-2004 model years. Where the production volume of Manufacturer A must be aggregated with the production volumes of Manufacturers B and C for the 2004 model year, and during that model year a change in ownership eliminates the requirement that Manufacturer B's production volume be aggregated with Manufacturer A's, Manufacturer A's status for the 2005 model year will be based on the production volumes of Manufacturers A and C in the 2002-2004 model years. In either case, the lead time provisions in section 1962(b)(5)(A) and (B) will apply. (c) Partial ZEV Allowance Vehicles (PZEVs). (1) Introduction.This section 1962(c) sets forth the criteria for identifying vehicles delivered for sale in California as PZEVs. A PZEV is a vehicle that cannot be certified as a ZEV but qualifies for a PZEV allowance of at least 0.2. (2) Baseline PZEV Allowance.In order for a vehicle to be eligible to receive a PZEV allowance, the manufacturer must demonstrate compliance with all of the following requirements. A qualifying vehicle will receive a baseline PZEV allowance of 0.2. (A) SULEV Standards.Certify the vehicle to the 150,000-mile SULEV exhaust emission standards for PCs and LDTs in section 1961(a)(1) (for model years 2003 through 2006, existing SULEV intermediate in-use compliance standards shall apply to all PZEVs). Bi-fuel, fuel-flexible and dual-fuel vehicles must certify to the applicable 150,000-mile SULEV exhaust emission standards when operating on both fuels; (B) Evaporative Emissions.Certify the vehicle to the evaporative emission standards in section 1976(b)(1)(E) ( "zero" evaporative emissions standards); (C) OBD.Certify that the vehicle will meet the applicable on-board diagnostic requirements in section 1968.1 for 150,000 miles; and (D) Extended Warranty.Extend the performance and defects warranty period set forth in sections 2037(b)(2) and 2038(b)(2) to 15 years or 150,000 miles, whichever occurs first, except that the time period is to be 10 years for a zero emission energy storage device used for traction power (such as battery, ultracapacitor, or other electric storage device). (3) Zero-Emission VMT PZEV Allowance. (A) Calculation of Zero Emission VMT Allowance.A vehicle that meets the requirements of section 1962(c)(2) and has zero-emission vehicle miles traveled ( "VMT") capability will generate an additional zero emission VMT PZEV allowance, calculated as follows: Urban All-Electric Range Zero-emission VMT Allowance < 10 miles 0.0 10 miles to 90 miles (33.8 + [0.5 x Urban AER])/35 90 miles 2.25 The urban all-electric range shall be determined in accordance with section E.3.(2)(a) of the "California Exhaust Emission Standards and Test Procedures for 2005 and Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes," incorporated by reference in section 1962(h). (B) Alternative Procedures.As an alternative to determining the zero-emission VMT allowance in accordance with the preceding section 1962(c)(3)(A), a manufacturer may submit for Executive Officer approval an alternative procedure for determining the zero-emission VMT potential of the vehicle as a percent of total VMT, along with an engineering evaluation that adequately substantiates the zero-emission VMT determination. For example, an alternative procedure may provide that a vehicle with zero-emissions of one regulated pollutant (e.g. NOx) and not another (e.g. NMOG) will qualify for a zero-emission VMT allowance of 1.5. (C) Additional Allowances for Qualifying HEVs.The Executive Officer shall approve an additional 0.1 zero-emission VMT partial ZEV allowance for an HEV with an all-electric range if the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer that the HEV is equipped with software and/or other strategies that would promote maximum use of off-vehicle charging, and that the strategies employed are reasonably reliable and tamper-proof. (4) PZEV Allowance for Advanced ZEV Componentry.A vehicle that meets the requirements of section 1962(c)(2) may qualify for an advanced componentry PZEV allowance as provided in this section 1962(c)(4). (A) Use of High Pressure Gaseous Fuel or Hydrogen Storage System.A vehicle equipped with a high pressure gaseous fuel storage system capable of refueling at 3600 pounds per square inch or more and operating exclusively on this gaseous fuel shall qualify for an advanced componentry PZEV allowance of 0.2. A vehicle capable of operating exclusively on hydrogen stored in a high pressure system capable of refueling at 3600 pounds per square inch or more, or stored in nongaseous form, shall instead qualify for an advanced componentry PZEV allowance of 0.3. (B) Use of Qualifying HEV Electric Drive System. 1. Classification of HEVs. HEVs qualifying for additional allowances or allowances that may be used in the AT PZEV category are classified in one of five types of HEVs based on the criteria in the following table. Characteristics Type A Type B Type C Type D Type E _________________________________________________________________________ Electric Drive >= 4 kW >= 4 kW >= 10 kW >= 10 kW >= 50 kW System Peak <10kw Power Output Traction Drive <60 Volts >=60 Volts <60 Volts >=60 Volts >=60 volts System Voltage Traction Drive Yes Yes Yes Yes Yes Boost Regenerative Yes Yes Yes Yes Yes Braking Idle Start/Stop Yes Yes Yes Yes Yes 2. Type A HEVs. A 2008 or earlier model-year PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type A HEV does not receive an additional allowance for meeting those criteria but generates credits that may be used in the AT PZEV category through the 2008 model year. 3. Type B HEVs. A 2008 or earlier model-year PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type B HEV qualifies for an additional advanced componentry allowance of 0.2. 4. Type C HEVs. A 2011 or earlier model-year PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type C HEV, and that is equipped with an advanced traction energy storage system - such as nickel metal-hydride batteries, ultracapacitors, or other similar systems - with a design lifetime of at least 10 years, qualifies for an additional advanced componentry allowance of 0.2. 5. Type D HEVs. A PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type D HEV qualifies for an additional advanced componentry allowance of 0.4 in the 2003 through 2011 model years, 0.35 in the 2012 through 2014 model years, and 0.25 in the 2015 and subsequent model years. 6. Type E HEVs. A PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type E HEV qualifies for an additional advanced componentry allowance of 0.5 in the 2003 through 2011 model years, 0.45 in the 2012 through 2014 model years, and 0.35 in the 2015 and subsequent model years. 7. Severability. In the event that all or part of section 1962(c)(4)(B)1.-6. is found invalid, the remainder of section 1962, including the remainder of section 1962(c)(4)(B)1.-6. if any, remains in full force and effect. (5) PZEV Allowance for Low Fuel-Cycle Emissions. A vehicle that uses fuel(s) with very low fuel-cycle emissions shall receive a PZEV allowance not to exceed 0.3 (0.15 in the case of an HEV that uses for propulsion any fuel that does not have very low fuel-cycle emissions). In order to receive the fuel-cycle PZEV allowance, a manufacturer must demonstrate to the Executive Officer, using peer-reviewed studies or other relevant information, that NMOG emissions associated with the fuel(s) used by the vehicle (on a grams/mile basis) are lower than or equal to 0.01 grams/mile. Fuel-cycle emissions must be calculated based on near-term production methods and infrastructure assumptions, and the uncertainty in the results must be quantified. The fuel-cycle PZEV allowance is calculated according to the following formula: PZEV Fuel Cycle Allowance = 0.3 x [(percent of VMT using fuel(s) meeting the requirements of the preceding paragraph) / 100] A manufacturer's demonstration to the Executive Officer that a vehicle qualifies for a fuel-cycle PZEV allowance shall include test results and/or empirical data supporting the estimate of the relative proportion of VMT while operating on fuel(s) with very low fuel-cycle emissions. (6) Calculation PZEV Allowance. (A) Calculation of Combined PZEV Allowance for a Vehicle.The combined PZEV allowance for a qualifying vehicle in a particular model year is the sum of the PZEV allowances listed in this section 1962(c)(6), multiplied by any PZEV introduction phase-in multiplier listed in section 1962(c)(7), subject to the caps in section 1962(c)(6)(B). 1. Baseline PZEV Allowance.The baseline PZEV allowance of 0.2 for vehicles meeting the criteria in section 1962(c)(2); 2. Zero Emission VMT PZEV Allowance.The zero-emission VMT PZEV allowance, if any, determined in accordance with section 1962(c)(3); 3. Advanced ZEV Componentry PZEV Allowance.The advanced ZEV componentry PZEV allowance, if any, determined in accordance with section 1962(c)(4); and 4. Fuel-cycle Emissions PZEV Allowance.The fuel-cycle emissions PZEV allowance, if any, determined in accordance with section 1962(c)(5). (B) Caps on the Value of an AT PZEV Allowance. 1. Cap for 2012 and Subsequent Model-Year Vehicles. The maximum value of AT PZEV allowances a 2012 and subsequent model-year vehicle may earn, including the baseline PZEV allowance, is 3.0. 2. Cap Based on the Credit Value of a Type III ZEV. In no case may the combined AT PZEV allowance for a qualifying vehicle in a particular model year, including the baseline PZEV allowance, exceed the ZEV credits for a Type III ZEV placed in service in the same model year. (7) PZEV Multipliers. (A) PZEV Introduction Phase-In Multiplier.Each 2000 through 2005 model-year PZEV that is produced and delivered for sale in California, other than a PZEV qualifying for a phase-in multiplier under section 1962(c)(7)(B), qualifies for a PZEV introduction phase-in multiplier as follows: MY 2000-2003 MY 2004 MY 2005 Multiplier 4.0 2.0 1.33 (B) Introduction Phase-In Multiplier for PZEVs That Earn a Zero Emission VMT Allowance.Each 2000 through 2011 model year PZEV that earns a zero emission VMT allowance under section 1962(c)(3) and is produced and delivered for sale in California qualifies for a phase-in multiplier as follows: MY 2000-2008 MY 2009-2011 Multiplier 6.0 3.0 (d) Qualification for ZEV Multipliers and Credits. (1) 1996-1998 Model-Year ZEV Multipliers. (A) 1996-1998 Model-Year ZEV Multiplier Based on Vehicle Range. 1996-1998 model-year ZEVs shall qualify for a ZEV multiplier based on vehicle range as follows: Vehicle Range (miles) ZEV Model Model Years Year Multiplier 1996 and 1998 1997 2 any w100 3 w70 w130 Range shall be determined in accordance with section 9.f.(2)(a) of the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," incorporated by reference in section 1960.1(k). (B) 1996-1998 Model-Year ZEV Multiplier Based on Specific Energy of Battery.1996-1998 model-year ZEVs shall qualify for a ZEV multiplier based on specific energy of the battery as follows: ZEV Multiplier Specific Energy of Battery (w-hr/kg) 2 any 3 w40 (C) Election of Multiplier.A 1996-1998 model-year ZEV may qualify for a ZEV multiplier according to section 1962(d)(1)(A) or section 1962(d)(1)(B), but not both. (2) 1999-2000 Model-Year ZEV Multiplier Calculation for Extended Electric Range Vehicles.Each ZEV that is produced and delivered for sale in California in the 1999 - 2000 model years and that has an extended electric range shall qualify for a ZEV multiplier as follows: All-electric range MY 1999-2000 100-175 6-10 ZEV multipliers under the above schedule will be determined by linear interpolation between the values shown in the above schedule. Range shall be determined in accordance with section E.3.(2)(a) of the "California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes," incorporated by reference in section 1962(h). ZEVs that have a refueling time of less than 10 minutes and a range of 100 miles or more shall be counted as having unlimited all-electric range, and shall consequently earn the maximum allowable ZEV multiplier for a specific model year. ZEVs that have a range of 80 to 99 miles shall qualify for ZEV multipliers in the 1999-2000 model years in accordance with the following equation: ZEV multiplier = (6) x (AER equivalent to a 10 minute recharge/100) x 0.5. As an option to the above mechanism, the manufacturer of a 1999 model-year ZEV may elect to have its multiplier based on the regulatory requirements pertaining to multipliers based on range or specific energy in section 1960.1(g)(2) and (h)(2). title 13, California Code of Regulations that were applicable to 1999 model-year ZEVs immediately before this section 1962 became operative on November 27, 1999 as a result of the "LEV II" rulemaking. (3) ZEV Multipliers for 2001-2002 Model Years. (A) ZEV Phase-In Multiplier.Each 2001 and 2002 model-year ZEV that is placed in service in California by September 30, 2003 qualifies for a ZEV phase-in multiplier of 4.0. A 2001 or 2002 model-year ZEV that is placed in service in California after September 30, 2003 earns credits in accordance with section 1962(d)(5) instead of section 1962(d)(3). (B) ZEV Extended Electric Range Multiplier. 1. Basic Multiplier Schedule.Each 2001 and 2002 model-year ZEV that is placed in service in California and that has an extended urban electric range qualifies for a ZEV extended electric range multiplier as follows: Urban All-Electric Range Multiplier < 50 miles 1 > 50 miles to < 275 miles (Urban AER-25)/25 >275 miles 10 A NEV is not eligible to earn a ZEV extended electric range multiplier. In determining ZEV range multipliers, specialty ZEVs may, upon Executive Officer approval, be tested at the parameters used to determine the ZEV multipliers for the existing ZEV. 2. Fast refueling. a. Full Fueling in 10 Minutes or Less.A 2001-2002 model-year ZEV with the demonstrated capability to accept fuel or electric charge until achieving at least 95% SOC or rated fuel capacity in 10 minutes or less when starting from all operationally allowable SOC or fuel states is counted as having unlimited zero emission range and qualifies for the maximum allowable ZEV extended electric range multiplier. b. At Least 60-Mile Range in Less Than 10 Minutes.A 2001-2002 model year ZEV with the demonstrated capacity to accept fuel or electric charge equivalent to at least 60 miles of UDDS range when starting from 20% SOC in less than 10 minutes is counted as having 60 additional miles (up to a 275 mile maximum) of UDDS range in the range multiplier determination in section 1962(d)(3)(C)1. (C) Combined ZEV Multiplier.During the 2001-2002 model years, the combined ZEV multiplier for each ZEV in a specific model year is the product of: 1. The ZEV phase-in multiplier if any as set forth in section 1962(d)(3)(A), times 2. The extended electric range multiplier if any as set forth in section 1962(d)(3)(B). (4) Effect of ZEV Multipliers in the 1996-2002 Model Years.In calculating the number of ZEVs produced and delivered for sale in California by a manufacturer in the 1996-2002 model years and the ZEV credits from such vehicles, the number of ZEVs qualifying for a particular ZEV multiplier shall be multiplied by the combined ZEV multiplier. (5) ZEV Credits for 2003 and Subsequent Model Years. (A) ZEV Tiers for Credit Calculations. Starting in the 2003 model year, ZEV credits from a particular ZEV are based on the assignment of a given ZEV into one of the following five ZEV tiers: Common UDDS ZEV ZEV Tier Description Range Fast Refueling Capability NEV NEV No minimum N/A Type 0 Utility EV <50Miles N/A Type I City EV >=50, <100 miles N/A Type II Full Function >=100 miles N/A EV Type III Fuel Cell EV >=100 miles Must be capable of replacing 95% maximum rated energy capacity in <= 10 minutes A specialty ZEV that has the same zero emission energy storage device and chassis as an existing ZEV from which it was modified may, upon Executive Officer approval, be categorized on the basis of that existing ZEV. A specialty vehicle that optimized for a particular duty cycle that conflicts with optimization for maximum vehicle range may be promoted to the next higher ZEV tier upon a determination by the Executive Officer that the specialty vehicle has ZEV componentry equivalent to the utilized by ZEVs in the next tier and would meet the requirements for the next tier if optimized for maximum range. (B) ZEV Credits for 2003 and Subsequent Model-Year ZEVs. A 2003 and subsequent model-year ZEV, other than a NEV, earns 1 ZEV credit when it is produced and delivered for sale in California. A 2003 and subsequent model-year ZEV earns additional credits based on the earliest model year in which the ZEV is placed in service (not earlier than the ZEV's model year). The following table identifies the credits that a ZEV in each of the five ZEV tiers will earn, including the credit not contingent on placement in service, if it is placed in service in the specified model year or by June 30 after the end of the specified model year. Model Year in Which ZEV is Placed in Service Tier 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012+ NEV 1.25 0.625 0.625 0.15 0.15 0.15 0.15 0.15 0.15 0.15 Type 0 1.5 1.5 1.5 1.5 1.5 1.5 1 1 1 1 (Utility) Type 1 8 8 8 7 7 7 2 2 2 2 (City) Type II 12 12 12 10 10 10 3 3 3 3 Type III 40 40 40 40 40 40 4 4 4 3 (C) Multiplier for Certain Type I and Type II ZEVs. A 2004 through 2011 model-year Type I and Type II ZEV shall qualify for a multiplier of 1.25 if it is either sold to a motorist or is leased for three or more years to a motorist who is given the option to purchase or re-lease the vehicle for two years or more at the end of the first lease term. (D) Counting a Type III ZEV Placed in a Section 177 State. Through the 2011 model year, a Type III ZEV that is certified to the California ZEV standards and is placed in service in a state that is administering the California ZEV requirements pursuant to section 177 of the federal Clean Air Act (42 U.S.C. s 7507) applicable for the ZEV's model year may be counted towards compliance with the California percentage ZEV requirements in section 1962(b), including the requirements in section 1962(b)(2)(B), as if it were delivered for sale and placed in service in California. Similarly, a 2011 and earlier model-year Type III ZEV that is certified to the California ZEV standards and is placed in service in California may be counted towards the percentage ZEV requirements of any state that is administering the California ZEV requirements pursuant to section 177 of the federal Clean Air Act, including requirements based on section 1962(b)(2)(B). (e) [Reserved] (f) Extended Service Multiplier for 1997-2003 Model-Year ZEVs and PZEVs With. 10 Mile Zero Emission Range. Except in the case of a NEV, an additional ZEV or PZEV multiplier will be earned by the manufacturer of a 1997 through 2003 model-year ZEV, or PZEV with . 10 mile zero emission range, for each full year it is registered for operation on public roads in California beyond its first three years of service, through the 2011 calendar year. For additional years of service starting earlier than April 24, 2003, the manufacturer will receive 0.1 times the ZEV credit that would be earned by the vehicle if it were leased or sold new in that year, including multipliers, on a year-by-year basis beginning in the fourth year after the vehicle is initially placed in service. For additional years of service starting April 24, 2003 or later, the manufacturer will receive 0.2 times the ZEV credit that would be earned by the vehicle if it were leased or sold new in that year, including multipliers, on a year-by-year basis beginning in the fourth year after the vehicle is initially placed in service. The extended service multiplier is reported and earned in the year following each continuous year of service. (g) Generation and Use of ZEV Credits; Calculation of Penalties (1) Introduction.A manufacturer that produces and delivers for sale in California ZEVs or PZEVs in a given model year exceeding the manufacturer's ZEV requirement set forth in section 1962(b) shall earn ZEV credits in accordance with this section 1962(g). (2) ZEV Credit Calculations. (A) Credits from ZEVs.The amount of g/mi ZEV credits earned by a manufacturer in a given model year from ZEVs shall be expressed in units of g/mi NMOG, and shall be equal to the number of credits from ZEVs produced and delivered for sale in California that the manufacturer applies towards meeting the ZEV requirements for the model year subtracted from the number of ZEVs produced and delivered for sale in California by the manufacturer in the model year and then multiplied by the NMOG fleet average requirement for PCs and LDT1s for that model year. (B) Credits from PZEVs.The amount of g/mi ZEV credits from PZEVs earned by a manufacturer in a given model year shall be expressed in units of g/mi NMOG, and shall be equal to the total number of PZEV allowances from PZEVs produced and delivered for sale in California that the manufacturer applies towards meeting its ZEV requirement for the model year subtracted from the total number of PZEV allowances from PZEVs produced and delivered for sale in California by the manufacturer in the model year and then multiplied by the NMOG fleet average requirement for PCs and LDT1s for that model year. (C) Separate Credit Accounts.The number of credits from a manufacturer's [i] ZEVs [ii] advanced technology PZEVs, and [iii] all other PZEVs shall each be maintained separately. (3) ZEV Credits for MDVs and LDTs Other Than LDT1s.ZEVs and PZEVs classified as MDVs or as LDTs other than LDT1s may be counted toward the ZEV requirement for PCs and LDT1s, and included in the calculation of ZEV credits as specified in this section 1962(g) if the manufacturer so designates. (4) ZEV Credits for Advanced Technology Demonstration Programs.A vehicle, other than a NEV, that is placed in a California advanced technology demonstration program may earn ZEV credits even if it is not "delivered for sale." To earn such credits, the manufacturer must demonstrate to the reasonable satisfaction of the Executive Officer that the vehicles will be regularly used in applications appropriate to evaluate issues related to safety, infrastructure, fuel specifications or public education, and that for more than 50 percent of the first year of placement the vehicle will be situated in California. Such a vehicle is eligible to receive the same allowances and credits that it would have earned if placed in service. To determine vehicle credit, the model-year designation for a demonstration vehicle shall be consistent with the model-year designation for conventional vehicles placed in the same timeframe. (5) ZEV Credits for Transportation Systems. (A) General.In model years 2001 through 2011, a ZEV, advanced technology PZEV or PZEV placed as part of a transportation system may earn additional ZEV credits, which may used in the same manner as other credits earned by vehicles of that category, except as provided in section (g)(5)(C) below. A NEV is not eligible to earn credit for transportation systems. To earn such credits, the manufacturer must demonstrate to the reasonable satisfaction of the Executive Officer that the vehicle will be used as a part of a project that uses an innovative transportation system as described in section (g)(5)(B) below. (B) Credits Earned.In order to earn additional credit under this section (g)(5), a project must at a minimum demonstrate [i] shared use of ZEVs, AT PZEVs or PZEVs, and [ii] the application of "intelligent" new technologies such as reservation management, card systems, depot management, location management, charge billing and real-time wireless information systems. If, in addition to factors [i] and [ii] above, a project also features linkage to transit, the project may receive further additional credit. For ZEVs only, not including NEVs, a project that features linkage to transit, such as dedicated parking and charging facilities at transit stations, but does not demonstrate shared use or the application of intelligent new technologies, may also receive additional credit for linkage to transit. The maximum credit awarded per vehicle shall be determined by the Executive Officer, based upon an application submitted by the manufacturer and, if appropriate, the project manager. The maximum credit awarded shall not exceed the following: Type of Vehicle Shared Use, Intelligence Linkage to Transit PZEV 2 1 Advanced Technology PZEV 4 2 ZEV 6 3 (C) Cap on Use of Credits. 1. ZEVs.Credits earned or allocated by ZEVs pursuant to this section (g)(5), not including all credits earned by the vehicle itself, may be used to satisfy up to one-tenth of a manufacturer's ZEV obligation in any given model year. 2. AT PZEVs. Credits earned or allocated by AT PZEVs pursuant to this section (g)(5), not including all credits earned by the vehicle itself, may be used to satisfy up to one-twentieth of a manufacturer's ZEV obligation in any given model year, but may only be used in the same manner as other credits earned by vehicles of that category. 3. PZEVs.Credits earned or allocated by PZEVs pursuant to this section (g)(5), not including all credits earned by the vehicle itself, may be used to satisfy up to one-fiftieth of the manufacturer's ZEV obligation in any given model year, but may only be used in the same manner as other credits earned by vehicles of that category. (D) Allocation of Credits.Credits shall be assigned by the Executive Officer to the project manager or, in the absence of a separate project manager, to the vehicle manufacturers upon demonstration that a vehicle has been placed in a project. Credits shall be allocated to vehicle manufacturers by the Executive Officer in accordance with a recommendation submitted in writing by the project manager and signed by all manufacturers participating in the project, and need not be allocated in direct proportion to the number of vehicles placed. (6) Submittal of ZEV Credits.A manufacturer may meet the ZEV requirements in any given model year by submitting to the Executive Officer a commensurate amount of g/mi ZEV credits, consistent with section 1962(b). These credits may be earned previously by the manufacturer or acquired from another party, except that beginning with the 2006 model year credits earned from NEVs offered for sale or placed in service in model years 2001 through 2005 cannot be used to satisfy more than the following portion of a manufacturer's percentage ZEV obligation that may only be satisfied with credits from ZEVs and, starting with the 2009 model year, the manufacturer's percentage ZEV obligation that may be satisfied by credits from AT PZEVs but not PZEVs: ZEV Category AT PZEV Category 2006 2007 and beyond 2009 2010 and beyond 75% 50% 75% 50% This limitation applies to credits earned in model years 2001 through 2005 by the same manufacturer or earned in model years 2001 through 2005 by another manufacturer and acquired. The amount of g/mi ZEV credits required to be submitted shall be calculated according to the criteria set forth in this section 1962(g). (7) Requirement to Make Up a ZEV Deficit. (A) General.A manufacturer that produces and delivers for sale in California fewer ZEVs than required in a given model year shall make up the deficit by the end of the next model year by submitting to the Executive Officer a commensurate amount of ZEV g/mi credits, except that credits generated from PZEVs may be used to offset deficits for two model years. The amount of g/mi ZEV credits required to be submitted shall be calculated by [i] adding the number of ZEVs produced and delivered for sale in California by the manufacturer for the model year to the number of ZEV allowances from partial ZEV allowance vehicles produced and delivered for sale in California by the manufacturer for the model year (for a large volume manufacturer, not to exceed that permitted under section 1962(b)(2)), [ii] subtracting that total from the number of ZEVs required to be produced and delivered for sale in California by the manufacturer for the model year, and [iii] multiplying the resulting value by the fleet average requirements for PCs and LDT1s for the model year in which the deficit is incurred. (8) Penalty for Failure to Meet ZEV Requirements.Any manufacturer that fails to produce and deliver for sale in California the required number of ZEVs or submit an appropriate amount of g/mi ZEV credits and does not make up ZEV deficits within the specified time period shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer that sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the ZEV deficits are not balanced by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board's standards shall be calculated according to the following equation, provided that the percentage of a large volume manufacturer's ZEV requirement for a given model year that may be satisfied with partial ZEV allowance vehicles or ZEV credits from such vehicles may not exceed the percentages permitted under section 1962(b)(2)(A): (No. of ZEVs required to be produced and delivered for sale in California for the model year) - (No. of ZEVs produced and delivered for sale in California for the model year) - (No. of ZEV allowances from partial ZEV allowance vehicles produced and delivered for sale in California for the model year) - [(Amount of ZEV credits submitted for the model year) / (the fleet average requirement for PCs and LDT1s for the model-year)]. (h) Test Procedures.The certification requirements and test procedures for determining compliance with this section 1962 are set forth in "California Exhaust Emission Standards and Test Procedures for 2005 and Subsequent Model Zero-Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light-Duty Truck and Medium-Duty Vehicle Classes," adopted by the state board on August 5, 1999, and last amended December 19, 2003, which is incorporated herein by reference. (i) ZEV-Specific Definitions.The following definitions apply to this section 1962. (1) "Advanced technology PZEV" or "AT PZEV" means any PZEV with an allowance greater than 0.2 before application of the PZEV early introduction phase-in multiplier. (2) "Battery electric vehicle" means any vehicle that operates solely by use of a battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation. (2.5) "Electric drive system" means an electric motor and associated power electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operation. This does not include components that could act as a motor, but are configured to act only as a generator or engine starter in a particular vehicle application. (3) "Neighborhood electric vehicle" means a motor vehicle that meets the definition of Low-Speed Vehicle either in section 385.5 of the Vehicle Code or in 49 CFR 571.500 (as it existed on July 1, 2000), and is certified to zero-emission vehicle standards. (4) "Placed in service" means having been sold or leased to an end-user and not to a dealer or other distribution chain entity, and having been individually registered for on-road use by the California Department of Motor Vehicles. (4.5) "Regenerative braking" means the partial recovery of the energy normally dissipated into friction braking that is returned as electrical current to an energy storage device. (5) "Specialty ZEV" means a ZEV that is designed for a commercial or governmental fleet application, and either [i] has the same zero emissions energy storage device and chassis as an existing ZEV from which it is modified, or [ii] in the case of a vehicle that is not based on an existing ZEV platform, is optimized for a particular duty cycle, such as urban delivery service, that conflicts with optimization for maximum vehicle range. (6) "Type 0, I, II, and III ZEV" all have the meanings set forth in section 1962(d)(5)(A). (j) Abbreviations.The following abbreviations are used in this section 1962: "AER" means all-electric range. "BEV" means battery electric vehicle. "HEV" means hybrid-electric vehicle. "LDT" means light-duty truck. "LDT1" means a light-truck with a loaded vehicle weight of 0-3750 pounds. "LDT2" means a "LEV II" light-duty truck with a loaded vehicle weight of 3751 pounds to a gross vehicle weight of 8500 pounds, or a "LEV I" light-duty truck with a loaded vehicle weight of 3751-5750 pounds. "MDV" means medium-duty vehicle. "Non-Methane Organic Gases" or "NMOG" means the total mass of oxygenated and non-oxygenated hydrocarbon emissions. "MY" means model year. "NEV" means neighborhood electric vehicle. "NOx" means oxides of nitrogen. "PC" means passenger car. "PZEV" means any vehicle that is delivered for sale in California and that qualifies for a partial ZEV allowance of at least 0.2. "SOC" means state of charge. "SULEV" means super ultra-low-emission-vehicle. "UDDS" means urban dynamometer driving cycle. "ULEV" means ultra-low emission vehicle. "VMT" means vehicle miles traveled. "ZEV" means zero-emission vehicle. (k) Severability. Each provision of this section is severable, and in the event that any provision of this section is held to be invalid, the remainder of this article remains in full force and effect. Note: Authority cited: Sections 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 43205.5, Health and Safety Code. s 1962.1. Electric Vehicle Charging Requirements. (a) Applicability.This section applies to (1) all battery electric vehicles that qualify for 1.0 or greater ZEV credit under section 1962, and (2) all hybrid electric vehicles that are capable of being recharged by a battery charger that transfers energy from the electricity grid to the vehicle for purposes of recharging the vehicle traction battery, other than battery electric vehicles and hybrid electric vehicles that are only capable of Level 1 charging. (b) Definitions. (1) The definitions in section 1962 apply to this section. (2) "Level 1 charging" means a charging method that allows an electric vehicle or hybrid electric vehicle to be charged by having its charger connected to the most common grounded receptacle (NEMA 5-15R). A vehicle that is only capable of Level 1 charging is one that is charged by an on-board or off-board charger capable of accepting energy from the existing AC supply network. The maximum power is 12 amps, with a branch circuit rating of 15 amps, and continuous power of 1.44 kilowatts. (c) Requirements.Beginning with the 2006 model year, all vehicles identified in subsection (a) must be equipped with a conductive charger inlet port which meets all the specifications contained in Society of Automotive Engineers (SAE) Surface Vehicle Recommended Practice SAE J1772 REV NOV 2001, SAE Electric Vehicle Conductive Charger Coupler, which is incorporated herein by reference. All such vehicles must be equipped with an on-board charger with a minimum output of 3.3 kilovolt amps. Note: Authority cited: Sections 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, 43107, 43204 and 43205.5, Health and Safety Code.Authority cited: Sections 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, 43107, 43204 and 43205.5, Health and Safety Code. s 1964. Special Test Procedures for Certification and Compliance -New Modifier Certified Motor Vehicles. The emission standards and test procedures for new vehicle certification, warranty, assembly-line testing, and recall for modifier certified motor vehicles are set forth in "California Certification and Compliance Test Procedures for New Modifier Certified Motor Vehicles," as adopted by the Air Resources Board on February 3, 1986, as last amended December 21, 1989. Note: Authority cited: Sections 39600, 39601, 43013, 43101, 43104, 43105, 43203.5, 43210 and 43835, Health and Safety Code. Reference: Sections 43000, 43012, 43100-43106, 43200, 43202, 43203, 43203.5, 43204, 43210-43213 and 43835 Health and Safety Code. s 1965. Emission Control and Smog Index Labels -1979 and Subsequent Model-Year Motor Vehicles. In addition to all other requirements, emission control labels are required by the California certification procedures contained in the "California Motor Vehicle Emission Control and Smog Index Label Specifications for 1978 through 2003 Model Year Motorcycles, Light-, Medium- And Heavy-Duty Engines And Vehicles," adopted March 1, 1978, as last amended September 5, 2003, which is incorporated herein by reference, the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty trucks and Medium-Duty Vehicles," incorporated by reference in s1961(d), the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel-Engines and Vehicles," incorporated by reference in s1956.8(b), the "California Interim Certification Procedures for 2004 and Subsequent Model Hybrid-Electric Vehicle Classes," incorporated by reference in s1956.8(b) and (d), and the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Otto-Cycle Engines," incorporated by reference in s1956.8(d). Smog index labels for passenger cars and light-duty trucks shall conform to the "California Smog Index Label Specifications," adopted September 5, 2003, which is incorporated herein by reference. Motorcycles shall meet the requirements of Title 40 Code of Federal Regulations section 86.413-78, as last amended October 28, 1977, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39601 and 43200, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101, 43102, 43103, 43104, 43107 and 43200, Health and Safety Code. s 1965.5. Device Identification -1978 and Prior Model Light-Duty Vehicles. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013 and 43101, Health and Safety Code. s 1966. Device Identification -1978 and Prior Model Heavy-Duty Gasoline Engines. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013 and 43101, Health and Safety Code. s 1967. Device Identification -1978 and Prior Model Heavy-Duty Diesel Engines. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013 and 43101, Health and Safety Code. s 1968. Malfunction and Diagnostic System for 1988 and Subsequent Model Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles with Three-Way Catalyst Systems and Feedback Control. (a) All 1988 and subsequent model year passenger cars, light-duty trucks, and medium-duty vehicles equipped with a three-way catalyst system and feedback control shall be equipped with a means of informing the vehicle operator of the malfunction of computer-sensed emission-related components, and of the on-board computer processor, and of the malfunction of the emission-related functioning of the fuel metering device and EGR system on vehicles so equipped, and which provides for on-board diagnosis of the likely area of the malfunction without the aid of any external device. The system shall include a means of informing the vehicle operator, upon initiation of engine starting, that it is functioning properly. No malfunction and diagnostic system shall be required for malfunctions which would significantly impair vehicle driveability or prevent engine starting. (b) This section shall be implemented as specified in this subsection or by any means determined by the executive officer to meet the requirements of this section: The vehicles shall be equipped with a malfunction indicator light and an on-board self-diagnostic system. The on-board computer processor shall interrogate input parameters from computer-sensed emission-related components and shall also interrogate the functioning of the fuel metering device and of the EGR system on vehicles so equipped. Upon detection of a malfunction of any such component, device, or system, the computer processor shall cause the malfunction indicator light to illuminate. An on-board computer processor malfunction shall also cause the malfunction indicator light to illuminate. In the case of any such component, device or system whose malfunction would significantly impair vehicle driveability or prevent engine starting, no malfunction indication or diagnostic code shall be required. The indicator light shall also illuminate in the engine-run key position before engine cranking to indicate that the malfunction indicator light is functioning. The self-diagnostic system shall provide an on-board means of identifying, without the aid of any external device, the likely area responsible for the detected malfunction when the vehicle is serviced. The malfunction indicator light shall be located on the instrument panel and shall when illuminated, display the phrase "Check Engine" or "Service Engine Soon" or may display such other phrase determined by the executive officer to be likely to cause a vehicle owner to seek corrective action. (c) For purposes of this section: (1) A "computer-sensed emissions-related component of the three-way catalyst emission control system" means a component which provides emission control system input to the on-board computer processor. (2) "Malfunction" means the partial or total failure of one or more computer-sensed emission-related components or the on-board computer processor, or of the emission-related functioning of a fuel metering device or EGR system to a degree which would likely cause the emissions of an average certification vehicle with the failure or failures, individually or in combination, to exceed the emissions standards applicable pursuant to Subchapter 1 (commencing with Section 1900), Chapter 3 of Title 13. (d) The executive officer shall grant an extension for compliance with the requirements of this section with respect to a specific vehicle model or engine family if a manufacturer demonstrates that it cannot modify a present electronic control system by the 1988 model year because major design system changes not consistent with the manufacturer's projected changeover schedule would be needed to comply with the provisions of this regulation. The period of extension shall not exceed that necessary to enable modification of the electronic system in accordance with the manufacturer's projected changeover schedule or three years, whichever first occurs. Any manufacturer requesting an extension shall, no later than July 1, 1986, submit to the executive officer of the state board an application setting forth the required demonstration and specifying the period for which the extension is requested. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101, 43102, 43104, 43105 and 43204, Health and Safety Code. s 1968.1. Malfunction and Diagnostic System Requirements -1994 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines. (a) GENERAL REQUIREMENTS (1.0) All 1994 and subsequent model-year passenger cars, light-duty trucks, and medium-duty vehicles shall be equipped with a malfunction indicator light (MIL) located on the instrument panel that will automatically inform the vehicle operator in the event of a malfunction of any powertrain components which can affect emissions and which provide input to, or receive output from, the on-board computer(s) or of the malfunction of the on-board computer(s) itself. The MIL shall not be used for any other purpose. (1.1) The MIL shall be of sufficient illumination and location to be readily visible under all lighting conditions. The MIL shall illuminate in the engine-run key position before engine cranking to indicate that the MIL is functional and shall, when illuminated, display the phrase "Check Engine" or "Service Engine Soon." The word "Powertrain" may be substituted for "Engine" in the previous phrase. Alternatively, the International Standards Organization (ISO) engine symbol may be substituted for the word "Engine," or for the entire phrase. (1.2) All 1994 and subsequent model-year passenger cars, light-duty trucks, and medium-duty vehicles required to have MIL pursuant to (1.0) above shall also be equipped with an on-board diagnostic system capable of identifying the likely area of malfunction by means of fault codes stored in computer memory. These vehicles shall be equipped with a standardized electrical connector to provide access to the stored fault codes. Specific performance requirements are listed below. A glossary of terms is contained in subsection (n). Unless otherwise noted, all section references refer to section 1968.1 of Title 13, CCR. (1.3) Any reference to vehicles in this regulation shall also include medium-duty vehicles with engines certified on an engine dynamometer. (1.4) For Low Emission Vehicles (LEV), the Executive Officer shall revise the emission threshold for a malfunction on any check if the most reliable monitoring method developed requires a higher threshold to prevent significant errors of commission in detecting a malfunction. (1.5) For every case in which a malfunction is to be noted when an emission threshold is exceeded (e.g., emissions in excess of 1.5 times the standard), the manufacturer may perform only a functional check (defined in section (n)(16.0)) of a specific component or system if deterioration or failure of such would not cause the vehicle's emissions to exceed the emission threshold. (1.6) After the 1998 model year, for Non-LEVs, fulfillment of federal On-Board Diagnostic (OBD) requirements shall be deemed to be an acceptable option for the manufacturer for the purpose of meeting these requirements. (1.7) For 1994 and 1995 model years only, illumination of the malfunction indicator light upon detection of a malfunction shall be optional for catalyst, misfire, and complete evaporative system monitoring. MIL illumination for such vehicles shall be optional for other monitoring requirements, subject to Executive Officer approval, on the basis of use of a new monitoring strategy which is significantly different than that used previously by the manufacturer and/or which entails a high degree of sophistication in its application. Irrespective of the preceeding the MIL shall illuminate on these vehicles in accordance with section 1968.1 for lack of function (see section (n)(16.0)) for electronic components/systems otherwise approved for not illuminating the MIL. Furthermore, setting fault codes for all malfunctions shall continue to conform with requirements of section 1968.1. For components/systems not requiring illumination of the MIL, manufacturers shall provide a plan for approval by the Executive Officer for reporting on the correct performance of the monitoring systems in customer use at 6 month intervals beginning from the start of production each year for at least the first three years after production. Approval of the plan shall be based on obtaining a statistically valid sample size, assuring that adequate resources are available to investigate the potential problems, and assuring that a wide variety of vehicles, operating modes, and mileage accumulation will be included in the evaluation. Should incorrect performance of the diagnostic system be determined by the Executive Officer on the basis of these reports or through other means, manufacturers shall recall the vehicles for correction of the OBD II system in accordance with Article 2.2. Title 13 CCR, or they shall submit an alternate plan for remedying the problem for approval by the Executive Officer on the basis of achieving comparable capture rates and timeliness as an official recall plan. (1.8) Manufacturers may employ alternate statistical MIL illumination and fault code storage protocols to those specified in these requirements, subject to Executive Officer approval based on comparable timeliness in detecting a malfunction and evaluating system performance. For strategies requiring on average between three and six driving cycles for MIL illumination, the manufacturer shall provide data and/or an engineering evaluation which adequately demonstrate that the monitoring system is equally effective and timely in detecting component deterioration. Strategies requiring on average more than six driving cycles for MIL illumination shall not be accepted. (1.9) Regarding diagnostic system monitoring conditions and MIL illumination requirements, manufacturers are generally required to define appropriate operating conditions for monitoring, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable Federal Test Procedure (FTP) test. Alternatively, manufacturers may request, subject to Executive Officer approval, use of monitoring conditions encountered during the Unified Cycle (see section (n)). In approval of the request, the Executive Officer shall consider the extent to which use of the cycle provides for more effective monitoring. Upon detection of a malfunction, the MIL is to be illuminated and a fault code stored no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again detected. Until the 1997 model year, diagnostic strategies that illuminate the MIL on the basis of completing a trip (trip is defined in section (n)(5.0) of these requirements) shall be accepted. The Executive Officer shall accept trip based diagnostic systems until the 1998 model year, provided the manufacturer adequately demonstrates that the diagnostic strategies run with reasonable frequency during normal driving conditions. When a trip criterion is employed, upon detection of a malfunction, the diagnostic system shall store a fault code and the MIL shall be illuminated no later than the end of the next trip if the malfunction is again present. (1.10) For other emission control devices not identified or addressed in sections (b)(1) through (b)(12) (e.g., hydrocarbon adsorbers), manufacturers shall submit a plan for Executive Officer approval of the monitoring strategy and fault thresholds prior to introduction on a production vehicle. Executive Officer approval shall be based on the effectiveness of the monitoring strategy, the malfunction criteria utilized, and the monitoring conditions required by the diagnostic. (2.0) Manufacturers may request Executive Officer approval to disable a diagnostic system designed to meet the requirements of section (b) at ambient engine starting temperatures below twenty degrees Fahrenheit (low ambient temperature conditions may be determined based on intake air or engine coolant temperature at engine starting), and at elevations above eight thousand feet above sea level provided the manufacturer submits data and/or an engineering evaluation which adequately demonstrate that monitoring would be unreliable when such conditions exist. Notwithstanding, diagnostic system disablement may be requested at other ambient engine starting temperatures if the manufacturer adequately demonstrates with data and/or an engineering evaluation that misdiagnosis would occur due to the impact of such ambient temperatures on the performance of the component itself (e.g., component freezing). (2.1) Manufacturers may disable monitoring systems that can be affected by running out of fuel (e.g., misfire detection) when the fuel level is low, provided disablement will not occur when the fuel level is above 15 percent of the nominal capacity of the fuel tank. (2.2) For vehicles designed to accommodate the installation of Power Take-Off (PTO) units (defined in section (n)(19.0)), disablement of affected monitoring systems is permitted provided disablement occurs only while the PTO unit is active, and provided the OBD II readiness code (specified in section (e)) is cleared by the on-board computer (i.e., all bits shall be set to "test not complete") while the PTO unit is activated. The code may be restored to its state prior to PTO activation upon PTO de-activation. (b) MONITORING REQUIREMENTS (1.0) CATALYST MONITORING (1.1) Requirement: (1.1.1) The diagnostic system shall monitor the catalyst system for proper performance. (1.1.2) Manufacturers are not required to implement these catalyst monitoring requirements on diesel vehicles and engines. Further, manufacturers of spark-ignited lean-burn vehicles and engines may request that the Executive Officer exempt such applications from these catalyst monitoring requirements if it can be demonstrated that a reliable monitoring technology is not available. The Executive Officer shall approve such a request upon determining that all reasonable monitoring technologies have been considered to the extent possible. (1.2) Malfunction Criteria: (1.2.1) Low Emission Vehicles (see section (n)(14.0)): The catalyst system shall be considered malfunctioning when its conversion capability decreases to the point that either of the following occurs: 1) Hydrocarbon (HC) emissions exceed the applicable emission threshold specified in section (b)(1.2.2) below, or 2) the average Federal Test Procedure (FTP) Non-Methane Hydrocarbon (NMHC) conversion efficiency of the monitored portion of the catalyst system falls below 50 percent. Regarding the first criterion, the malfunction threshold shall be based on the emission standards to which the vehicle is certified. For low emission vehicle applications, hydrocarbon emissions shall be multiplied by the certification reactivity adjustment factor for the vehicle. Regarding the second criterion, the efficiency determination shall be based on an FTP test wherein a malfunction is noted when the cumulative NMHC emissions measured at the outlet of the monitored catalyst(s) are more than 50 percent of the cumulative engine-out emissions measured at the inlet of the catalyst(s). (1.2.2) TLEV applications shall employ an emission threshold malfunction criterion of 2.0 times the applicable FTP HC standard plus the emissions from a test run with a representative 4000 mile catalyst system (125 hours of operation for medium-duty vehicles with engines certified on an engine dynamometer). The emission threshold criterion for LEV and ULEV applications shall be 2.5 and 3.0 times the applicable FTP HC standard, respectively, plus the emission level with a representative 4000 mile catalyst system. Notwithstanding, beginning with the 1998 model year, manufacturers shall phase in an emission threshold of 1.75 times the applicable FTP HC standard for all categories of low emission vehicles, which shall not include the emission level with a 4000 mile catalyst system. The phase in percentages (based on the manufacturer's projected sales volume for low emission vehicle applications) shall equal or exceed 20 percent in the 1998 model year, 40 percent in the 1999 model year, 60 percent in the 2000 model year, 80 percent in the 2001 model year, with 100 percent implementation for the 2002 model year. Alternate phase-in schedules that provide for equivalent emission reduction and timelines overall as defined in section (n)(21.0) shall be accepted. Small volume manufacturers shall not be required to meet the phase-in percentages; however, such manufacturers shall achieve 100 percent compliance by the 2002 model year. (1.2.3) Non-Low Emission Vehicles: The catalyst system shall be considered malfunctioning when its conversion capability decreases to the point that HC emissions increase by more than 1.5 times the standard over an FTP test from a test run with a representative 4000 mile catalyst system. (1.2.4) For 1994 and 1995 model year vehicles and engines, as an option to monitoring the catalyst during FTP driving conditions, manufacturers may monitor the front catalyst independently of, or in combination with, the next catalyst downstream. Each monitored catalyst or catalyst combination shall be considered malfunctioning when total HC conversion efficiency falls below 60 percent while in normal closed loop operation. As a guideline, the catalyst(s) should not be considered malfunctioning when its efficiency is greater than 80 percent. The efficiency determination shall be based on a steady state test wherein a malfunction is noted when the total HC emission concentration measured at the outlet of the monitored catalyst(s) is more than 20 to 40 percent of the cumulative total engine-out emissions measured at the inlet of the catalyst(s). Alternatively, if correlation with FTP emissions can be demonstrated, manufacturers may use the malfunction criteria specified in (b)(1.2.1) or (b)(1.2.3). 1994 and 1995 model year vehicles certified to this option shall incorporate FTP based monitoring no later than the 1997 model year (vehicles initially complying with section 1968.1 in the 1996 model year shall utilize an FTP based catalyst monitoring system). (1.3) Monitoring Conditions: (1.3.1) The manufacturer shall define appropriate operating conditions during which monitoring shall occur, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. However, vehicles utilizing steady state monitoring (as permitted by section (1.2.4) above), may alternatively comply with the monitoring conditions specified in section (1.3.2). The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (1.3.2) If steady state efficiency is being monitored (see section (b)(1.2.4)), the manufacturer shall choose a non-closed throttle, reasonably steady speed condition for monitoring the catalyst with the constraints that the check shall (i) occur between 20 mph and 50 mph, or within an engine rpm and torque range determined by the manufacturer to be representative of medium-duty vehicle operating conditions between 20 and 50 mph steady speed conditions with a load equivalent to 50 percent of the maximum load carrying capacity, (ii) take no more than a 20 second interval to determine both that the vehicle is operating in a proper window to perform the check and to actually perform the check, and (iii) be conducted at the earliest such condition encountered after the beginning of closed-loop operation for each driving cycle. Performance of the check may be delayed after engineer startup until stabilized coolant temperature is achieved and/or a suitable cumulative time interval of non-closed throttle vehicle operation has elapsed to ensure the catalyst is warmed-up for properly performing the monitoring check. The specified cumulative time interval shall begin from the first non-closed throttle operation after achieving a stabilized coolant temperature or after engine starting and shall not exceed 180 seconds. These monitoring constraints and conditions may be altered, subject to Executive Officer Approval. Such approval shall be granted if the manufacturer submits data and an engineering evaluation justifying the need for the exception and demonstrates that the requested alteration would yield improved catalyst monitoring. "Reasonably steady" speed interval in this instance means a 20 second period where all accelerations and decelerations are of an average magnitude equivalent to 0.5 mph/second or less over any two second interval during this period. The manufacturer may abort the check if engine operating conditions change during the check so that the vehicle exceeds the speed or acceleration/deceleration tolerance before the end of the checking interval. The manufacturer may base performance of the catalyst check upon engine RPM and loan conditions equivalent to the above monitoring conditions. If a manufacturer develops a means of monitoring catalyst efficiency which cannot utilize a steady state monitoring period (e.g., examining time vs. temperature during catalyst warmup), it may present a monitoring proposal to the Executive Officer for approval based on equivalent accuracy and timeliness as the steady state monitoring protocol in detecting a malfunctioning catalyst. (1.4) MIL Illumination and Fault Code Storage: (1.4.1) Except as noted below, upon detection of a catalyst malfunction, the MIL shall illuminate and a fault code stored no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. (1.4.2) For steady state catalyst efficiency checks, upon detection of catalyst efficiency below 60 percent, the diagnostic system may perform up to two successive monitoring checks prior to informing the vehicle operator of a malfunction. These monitoring checks need not occur on the same driving cycle, but shall be performed as soon as proper monitoring conditions occur. If catalyst efficiency remains below 60 percent for the three sequential checks, a fault code shall be stored and the MIL shall then be activated. (1.4.3) The diagnostic system shall temporarily disable catalyst monitoring when a malfunction exists which could affect the proper evaluation of catalyst efficiency. (1.4.4) The monitoring method for the catalyst(s) shall be capable of detecting when a catalyst trouble code has been cleared (except diagnostic system self-clearing), but the catalyst has not been replaced (e.g., catalyst over temperature approaches may not be acceptable). (2.0) HEATED CATALYST MONITORING (2.1) Requirement: (2.1.1) The diagnostic system shall monitor all heated catalyst systems for proper heating. (2.1.2) The efficiency of heated catalysts shall be monitored in conjunction with the requirements of section (b)(1). (2.2) Malfunction Criteria: (2.2.1) The catalyst heating system shall be considered malfunctioning when the catalyst does not reach its designated heating temperature within a requisite time period after engine starting. The time period is to be determined by the manufacturer subject to the requirement that the system shall detect a heating system malfunction causing emissions from a vehicle equipped with the heated catalyst system to exceed 1.5 times any of the applicable FTP standards. (2.2.2) Manufacturers using other heating or monitoring strategies may submit an alternate plan for approval by the Executive Officer to monitor heated catalyst systems based on comparable reliability and timeliness to these requirements in detecting a catalyst heating malfunction. (2.3) Monitoring Conditions: Manufacturers shall define appropriate operating conditions for monitoring of the catalyst heating system, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (2.4) MIL Illumination and Fault Code Storage: Upon detection of a catalyst heating malfunction, the MIL shall illuminate and a fault code stored no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. (3.0) MISFIRE MONITORING (3.1) Requirement: The diagnostic system shall monitor engine misfire and shall identify the specific cylinder experiencing misfire. Manufacturers may request Executive Officer approval to store a general misfire fault code instead of a cylinder specific code under certain operating conditions provided the manufacturer submits data and/or an engineering evaluation which adequately demonstrate that the misfiring cylinder cannot be reliably identified when such conditions occur. If more than one cylinder is misfiring, a separate code shall indicate that multiple cylinders are misfiring (specifying the individual misfiring cylinders under this condition is optional, however, identifying only one misfiring cylinder shall not occur when a multiple misfire code is stored). (3.2) Malfunction Criteria: The manufacturer shall specify in the documentation provided for certification (see subsection (g) and (h) infra.) a percentage of misfires out of the total number of firing events necessary for determining a malfunction for each of the conditions listed below. (A) The percent misfire evaluated in 200 revolution increments for each engine speed and load condition which would result in catalyst damage. Subject to Executive Officer approval, a longer interval may be employed (but only for determining, on a given driving cycle, the first misfire exceedance in section (3.4.1)(A) below) provided the manufacturer submits data and/or an engineering evaluation which adequately demonstrate that catalyst damage would not occur due to unacceptably high catalyst temperatures before the interval has elapsed. The manufacturer shall submit in the certification documentation catalyst temperature data versus percent misfire over the full range of engine speed and load conditions. The data shall be obtained from a representative cross section of a manufacturer's engine offerings from small to large displacements. Up to three such engine evaluations shall be documented per manufacturer, though a manufacturer may submit more data if desired. An engineering evaluation shall be provided for establishing malfunction criteria for the remainder of engine families in the manufacturer's product line. The Executive Officer shall waive the evaluation requirement each year if, in the judgment of the Executive Officer, technological changes do not affect the previously determined malfunction criteria; (B) The percent misfire evaluated in 1000 revolution increments which would cause emissions from a durability demonstration vehicle to exceed 1.5 times any of the applicable FTP standards if the degree of misfire were present from the beginning of the test. Subject to Executive Officer approval, a manufacturer may employ other revolution increments if the manufacturer adequately demonstrates that the strategy is equally effective and timely in detecting misfire. For the purpose of establishing the percent misfire, the manufacturer shall conduct the demonstration test(s) with misfire events occurring at equally spaced complete engine cycle intervals, across randomly selected cylinders throughout each 1000 revolution increment. However, the percent misfire established shall be applicable for any misfire condition (e.g. random, continuous, equally spaced, etc.) for the purpose of identifying a malfunction. This criterion may be used for all vehicles with engines containing the same number of cylinders as the demonstration vehicle. The number of misfires in 1000 revolution increments which was determined for the durability demonstration vehicle malfunction criterion may be used to establish the corresponding percent misfire malfunction criteria for engines with other numbers of cylinders. The malfunction criteria for a manufacturer's product line shall be updated when a new durability demonstration vehicle is tested which indicates more stringent criteria are necessary than previously established to remain within the above emission limit; (3.3) Monitoring Conditions: (3.3.1) Pre-1997 Model Year Vehicles: misfire shall be monitored continuously during, at a minimum, positive torque operating conditions within the range of engine speed and load condition combinations encountered during an FTP test; nonetheless, subject to Executive Officer approval, manufacturers may employ higher misfire percentage malfunction criteria under specific conditions within the range of operating conditions encountered during an FTP test if the manufacturer provides data and/or an engineering evaluation which adequately demonstrate that the detection of lower levels of misfire would not be reliable for the vehicle model in question when such conditions are encountered without making fundamental engine of control unit design modifications. If the manufacturer can so demonstrate that even the detection of a higher misfire percentages is not feasible under specific FTP operating conditions, the manufacturer may request Executive Officer approval to disable the monitoring system when such conditions are encountered. (3.3.2) 1997 and Later Model Year Vehicles: Manufacturers shall phase in expanded misfire monitoring conditions beginning with the 1997 model year. The phase in percentages (based on the manufacturer's projected sales volume for all vehicles and engines) shall equal or exceed 50 percent in the 1997 through 1999 model years, 75 percent in the 2000 model year, 90 percent in the 2001 model year, with 100 percent implementation for the 2002 model year. Alternate phase-in schedules that provide for equivalent emission reduction and timeliness overall shall be accepted. Small volume manufacturers shall not be required to meet the phase-in percentages; however, 100 percent implementation of these monitoring conditions shall be required beginning with the 2002 model year. On vehicles meeting these phase-in percentages, except as provided for in section (3.3.3) below, monitoring for misfire shall be continuous from engine starting (see section (n)) and under all positive torque engine speeds and load conditions. Vehicles not meeting the monitoring conditions of this section shall meet the monitoring conditions specified in section (b)(3.3.1) above. (3.3.3) As an exception to monitoring misfire during all positive torque operating conditions, manufacturers may disable misfire monitoring in the engine operating region bound by the positive torque line (i.e., engine load with the transmission in neutral), and the two following engine operating points: an engine speed of 3000 rpm with the engine load at the positive torque line, and the redline engine speed (defined in section (n)(18.0)) with the engine's manifold vacuum at four inches of mercury lower than that at the positive torque line. Misfire detection systems unable to detect all misfire patterns under all required conditions shall be evaluated for compliance by the Executive Officer based on, but not limited to, the following factors: the magnitude of the region(s) in which misfire detection is limited, the degree to which misfire detection is limited in the region(s) (i.e., the probability of detection of misfire events), the frequency with which said region(s) are expected to be encountered in-use, the type of misfire patterns for which misfire detection is troublesome, and demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under required conditions (i.e., compliance can be achieved on other engines). The evaluation shall be based on the following misfire patterns: equally spaced misfire occurring on randomly selected cylinders, single cylinder continuous misfire, and paired cylinder (cylinders firing at the same crank angle) continuous misfire. Further, with Executive Officer approval, the manufacturer may disable misfire monitoring or employ higher malfunction criteria when misfire cannot be distinguished from other effects (e.g., rough roads, transmission shifts, etc.) when using the best available monitoring technology. The manufacturer shall present data and/or an engineering evaluation to the Executive Officer to justify the proposed action. Executive Officer approval shall be based on the extent to which monitoring is expected to be disabled in relation to the capabilities of the best available monitoring technologies as applied to other engines. However, through the 2000 model year, any such disablement occurring within the first 5 seconds after engine starting shall not require Executive Officer approval. Additionally, for engines with greater than eight cylinders, the Executive Officer shall waive the requirements of this section provided the manufacturer submits data and/or an engineering evaluation which adequately demonstrates that misfire detection throughout the required operating region cannot be achieved when employing proven monitoring technology (i.e., a technology that provides for compliance with these requirements on other engines) and provided misfire is detected to the fullest extent permitted by the technology, but under no circumstances shall acceptance be granted for misfire detection systems not meeting the requirements of section (b)(3.3.1) above. Figure 10 (3.4) MIL Illumination with Fault Code Storage: (3.4.1) Upon detection of the level of misfire specified in subsection (3.2)(A), the following criteria shall apply for MIL illumination and fault code storage: (A) A temporary fault code shall be stored and the MIL shall blink once per second during actual misfire conditions no later than after the third exceedance of the specified misfire level when operating in the region bound by the maximum engine speed and load conditions encountered during the FTP cycle and no later than after the first exceedance of the specified misfire level when operating at any other engine speed and load condition during a single driving cycle. While a temporary fault code is stored, the MIL shall blink during every subsequent exceedance during the driving cycle but may remain extinguished when misfire is not present. If the level of misfire is exceeded again (a single exceedance) during the following driving cycle or the next driving cycle in which similar conditions are encountered (as defined in section (3.4.3) or while a temporary fault code for the level of misfire specified in subsection (3.2)(B) is present, the MIL shall blink as specified above, a fault code shall be stored, and the MIL shall remain continuously illuminated, even if the misfire ceases. The initial temporary code and stored conditions may be erased if misfire is not detected during the following driving cycle and similar conditions have been encountered without an exceedance of the specified misfire level. The code and conditions may also be erased if similar driving conditions are not encountered during 80 driving cycles subsequent to the initial detection of a malfunction. (B) Notwithstanding, in vehicles which provide fuel shutoff and default fuel control to prevent overfueling during misfire conditions, the MIL need not blink. Instead, the MIL may illuminate continuously in accordance with the requirements for continuous MIL illumination in section (3.4.1)(A) above upon detection of misfire provided that the fuel shutoff and default control shall be activated as soon as misfire is detected. Fuel shutoff and default fuel control may be deactivated only to permit fueling outside of the misfire range. (3.4.2) Upon detection of the misfire levels specified in subsection (3.2)(B), the following criteria shall apply for MIL illumination and fault code storage: (A) A temporary fault code shall be stored no later than after the fourth exceedance of the specified misfire level during a single driving cycle and the MIL shall be illuminated and a fault code stored no later than the end of the following driving cycle or the next driving cycle in which similar conditions are encountered (as defined in section (3.4.3)) if the level of misfire is again exceeded four times. The initial temporary code and stored conditions may be erased if misfire is not detected during the following driving cycle and similar conditions have been encountered without an exceedance of the specified misfire level. The code and conditions may also be erased if similar driving conditions are not encountered during 80 driving cycles subsequent to the initial detection of a malfunction. (B) Notwithstanding, a temporary fault code shall be stored no later than after the first exceedance of the specified misfire level during a single driving cycle if the exceedance occurs within the first 1000 revolutions from engine start (defined in section (n)(20.0)) during which misfire detection is active. The MIL shall be illuminated and a fault code stored no later than the end of any subsequent driving cycle if misfire is again detected in the first 1000 revolutions. If similar conditions are encountered during a subsequent driving cycle without an exceedance of the specified misfire level, the initial temporary code and stored conditions may be erased. Furthermore, if similar driving conditions are not encountered during 80 driving cycles subsequent to the initial detection of a malfunction, the initial temporary code and stored conditions may be erased. (3.4.3) Upon detection of misfire, manufacturers shall store the engine speed, load, and warm-up status (i.e., cold or warmed-up) under which the first misfire event which resulted in the storage of a temporary fault code was detected. A driving cycle shall be considered to have similar conditions if the stored engine speed conditions are encountered within 375 rpm, load conditions within 20 percent, and the same warm-up status is present. With Executive Officer approval, other strategies for determining if similar conditions have been encountered may be employed. Approval shall be based on comparable timeliness and reliability in detecting similar conditions. (3.5) MISFIRE MONITORING FOR DIESELS (3.5.1) Requirement: Beginning with the 1998 model year, the diagnostic system on a diesel engine shall be capable of detecting the lack of combustion in one or more cylinders. To the extent possible without adding hardware for this specific purpose, the diagnostic system shall also identify the specific cylinder for which combustion cannot be detected. If the lack of combustion is present in more than one cylinder, a separate code shall indicate that multiple cylinders are malfunctioning (specifying the individual malfunctioning cylinders under this condition is optional; however, identifying one malfunctioning cylinder shall not occur when a multiple cylinder code is stored). (3.5.2) Malfunction Criteria: A cylinder shall be considered malfunctioning when combustion cannot be detected. (3.5.3) Monitoring Conditions: Manufacturers shall define appropriate operating conditions for monitoring, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (3.5.4) MIL Illumination and Fault Code Storage: The MIL shall illuminate and a fault code shall be stored no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. (4.0) EVAPORATIVE SYSTEM MONITORING (4.1) Requirement: (4.1.1) The diagnostic system shall verify air flow from the complete evaporative system. In addition, the diagnostic system shall also monitor the evaporative system for the loss of HC vapor into the atmosphere by performing a pressure or vacuum check of the complete evaporative system. (4.1.2) Manufacturers may temporarily disable the evaporative purge system to perform a check. (4.1.3) Manufacturers may request Executive Officer approval to abort an evaporative system check under specific conditions (e.g., when the fuel tank level is over 85 percent of nominal tank capacity) if data and/or an engineering evaluation are provided which adequately demonstrate that a reliable check cannot be made when these conditions exist. (4.1.4) Subject to Executive Officer approval, other monitoring strategies may be used provided the manufacturer provides a description of the strategy and supporting data showing equivalent monitoring reliability and timeliness in detecting an evaporative system malfunction or leak. (4.1.5) Implementation of this requirement is mandatory only for 1996 and later model year vehicles designed to comply with the requirements of Title 13, California Code of Regulations, Section 1976, "Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions," for 1995 and subsequent model year vehicles. (4.2) Malfunction Criteria: (4.2.1) An evaporative system shall be considered malfunctioning when no air flow from the system can be detected, or when a system leak is detected that is greater than or equal in magnitude to a leak caused by a 0.040 inch diameter orifice in any portion of the evaporative system excluding the tubing and connections between the purge valve and the intake manifold. (4.2.2) Beginning with the 2000 model year, manufacturers shall phase-in diagnostic strategies to detect system leaks greater than or equal in magnitude to a leak caused by a 0.020 inch diameter orifice. The phase-in percentages (based on the manufacturer's projected sales volume for all vehicles) shall equal or exceed 20 percent for the 2000 model year, 40 percent for the 2001 model year, 70 percent for the 2002 model year, and 100 percent implementation for the 2003 model year. Alternate phase-in schedules that provide for equivalent emission reduction and timeliness overall shall be accepted. Small volume manufacturers shall not be subject to the phase-in requirements; however, 100 percent implementation shall be required for the 2003 model year. (4.2.3) On vehicles with fuel tank capacity greater than 25 gallons, the Executive Officer shall revise the size of the orifice if the most reliable monitoring method available cannot reliably detect a system leak of the magnitudes indicated above. Further, on vehicles with fuel tank capacity from 18 to 25 gallons, the Executive Officer may allow a larger size orifice (e.g., 0.050 inch diameter rather than 0.040 inch diameter) to be detected at low fuel levels (e.g., less than 50 percent of capacity) through the 1999 model year if the manufacturer demonstrates that it is necessary to avoid false MILs for a particular application due to a unique fuel tank configuration that would require hardware modifications to facilitate reliable monitoring. (4.2.4) Upon request by the manufacturer and submission of data and/or engineering evaluation which adequately support the request, the Executive Officer shall revise the orifice size upward to exclude detection of leaks that cannot cause evaporative or running loss emissions to exceed 1.5 times the applicable standards. (4.3) Monitoring Conditions: Manufacturers shall define appropriate operating conditions for monitoring, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. However, monitoring conditions may be further limited with respect to detecting leaks equivalent to a 0.020 inch diameter orifice, subject to Executive Officer approval, on the basis that the monitoring conditions will be reasonably-occurring in-use, and provided that a check for leaks equal or greater in magnitude than a 0.040 inch orifice will continue to be conducted at least once per driving cycle as indicated above. Subject to Executive Officer approval, if performance of the check causes vehicles to exceed applicable emission standards when using the best available technology, manufacturers may perform evaporative system monitoring during a steady-speed condition, as defined in section (b)(1.3.2), between 20 and 50 mph. (4.4) MIL Illumination and Fault Code Storage: (4.4.1) Upon detection of an evaporative system malfunction or a malfunction that prevents completion of an evaporative system check, the MIL shall illuminate and a fault code shall be stored no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. (4.4.2) If the diagnostic system is capable of discerning that a system leak is being caused by a missing or improperly secured fuel cap, the manufacturer may notify the vehicle operator through the use of an indicator light other than the MIL. The manufacturer is not required to store a fault code in this case. The indicator light shall conform to the requirements outlined in section (a)(1.1) for location and illumination. As another option, the manufacturer may extinguish the MIL, provided no other malfunctions have been detected, and may erase the fault code corresponding to the problem once the on-board diagnostic system has verified that the fuel cap specifically has been securely fastened. Other equivalent strategies shall be considered by the Executive Officer. (5.0) SECONDARY AIR SYSTEM MONITORING (5.1) Requirement: Any vehicle equipped with any form of secondary air delivery system shall have the diagnostic system monitor the proper functioning of (a) the secondary air delivery system and (b) any air switching valve. (5.2) Malfunction Criteria: (5.2.1) The diagnostic system shall indicate secondary air delivery system malfunction when the flow rate falls below the manufacturer's specified low flow limit such that a vehicle would exceed 1.5 times any of the applicable FTP emission standards. (5.2.2) Manufacturers adequately demonstrating that deterioration of the flow distribution system is unlikely may request Executive Officer approval to perform only a functional check of the system. As part of this demonstration, manufacturers shall demonstrate that the materials used for the secondary air system (e.g., air hoses, and tubing) are inherently resistant to corrosion or other deterioration. If a functional check is approved, the diagnostic system shall indicate a malfunction when some degree of secondary airflow is not detectable in the exhaust system during a check. (5.3) Monitoring Conditions: Manufacturers shall define appropriate operating conditions for monitoring of the secondary air system, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (5.4) MIL Illumination and Fault Code Storage: The diagnostic system shall store a fault code and the MIL shall illuminate no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. (6.0) AIR CONDITIONING SYSTEM REFRIGERANT MONITORING (6.1) Requirement: (6.1.1) The diagnostic system shall monitor air conditioning systems for loss of refrigerants which would harm the stratospheric ozone layer or are reactive in forming atmospheric ozone. Any sensor used for such monitoring shall itself be monitored for proper circuit continuity and proper range of operation. A provision for ensuring that a leak has been corrected before extinguishing the MIL shall be provided. (6.1.2) Manufacturers of a model vehicle which will phase out the use of chlorofluorocarbons in its air conditioning systems by the 1996 model-year or which will use federally-approved refrigerants with substantially less atmospheric ozone depleting potential than CFC-12 need not comply with this requirement for that model. (6.2) Malfunction Criteria: Manufacturers shall provide a monitoring strategy for approval by the Executive Officer for monitoring a refrigerant leak. The approval shall be based on timeliness and reliability in detecting a leak. (6.3) Monitoring Conditions: Manufacturers shall define appropriate operating conditions for monitoring, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (6.4) MIL Illumination and Fault Code Storage: The diagnostic system shall store a fault code and the MIL shall illuminate no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. The diagnostic system shall not clear a fault code and the MIL shall not turn off unless the leak has been corrected. (7.0) FUEL SYSTEM MONITORING (7.1) Requirement: The diagnostic system shall monitor the fuel delivery system for its ability to provide compliance with emission standards. For diesel vehicles and engines, the manufacturer shall monitor the performance of all electronic fuel system components to the extent feasible with respect to the malfunction criteria specified in section (7.2) below. (7.2) Malfunction Criteria: The manufacturer shall establish malfunction criteria to monitor the fuel delivery system such that a vehicle's emissions would not exceed 1.5 times any of the applicable FTP standards before a fault is detected. If the vehicle is equipped with fuel trim circuitry, the manufacturer shall include as one of the malfunction criteria the condition where the trim circuitry has used up all of the trim adjustment allowed within the manufacturer's selected limit(s). Manufacturers may compensate the criteria limit(s) appropriately for changes in altitude or for temporary introduction of large amounts of purge vapor or for other similar identifiable operating conditions when they occur. (7.3) Monitoring Conditions: The fuel system shall be monitored continuously for the presence of a malfunction. (7.4) MIL Illumination and Fault Code Storage: (7.4.1) For fuel systems with short-term trim only capability the diagnostic system shall store a fault code after the fuel system has attained the criteria limit for a manufacturer-defined time interval sufficient to determine a malfunction. If the malfunction criteria limit and time intervals are exceeded, the MIL shall be illuminated and a fault code stored no later than the end of the next driving cycle in which the criteria and interval are again exceeded, unless driving conditions similar to those under which the problem was originally detected have been encountered (see section (7.4.3)) without such an exceedance, in which case the initial temporary code and stored conditions may be erased. Furthermore, if similar driving conditions are not encountered during 80 driving cycles subsequent to the initial detection of a malfunction, the initial temporary code and stored conditions may be erased. (7.4.2) For fuel systems with long-term capability, upon attaining a long-term based malfunction criteria limit independent of, or in combination with, the short-term trim system status, the MIL shall be illuminated and a fault code stored no later than the end of the next driving cycle if the malfunction is again detected. If the malfunction is not detected during the second driving cycle, the MIL shall be illuminated and a fault code stored no later than the next driving cycle in which the malfunction is again detected, unless driving conditions similar to those under which the problem was originally detected have been encountered (see section (7.4.3)) without an indication of a malfunction, in which case the initial temporary code and stored conditions may be erased. Furthermore, if similar driving conditions are not encountered during 80 driving cycles subsequent to the initial detection of a malfunction, the initial temporary code and stored conditions may be erased. (7.4.3) Upon detection of a fuel system malfunction, manufacturers shall store the engine speed, load and warm-up status (i.e., cold or warmed-up) under which the malfunction was detected. A driving cycle shall be considered to have similar conditions if the stored engine speed is encountered within 375 rpm, load conditions within 20 percent, and the same warm-up status is present. With Executive Officer approval, other strategies for determining if similar conditions have been encountered may be employed. Approval shall be based on comparable timeliness and reliability in detecting similar conditions. (8.0) OXYGEN SENSOR MONITORING (8.1) Requirement: (8.1.1) The diagnostic system shall monitor the output voltage, response rate, and any other parameter which can affect emissions, of all primary (fuel control) oxygen (lambda) sensors for malfunction. It shall also monitor all secondary oxygen sensors (fuel trim control or use as a monitoring device) for proper output voltage and/or response rate. Response rate is the time required for the oxygen sensor to switch from lean-to-rich once it is exposed to a richer than stoichiometric exhaust gas or vice versa (measuring oxygen sensor switching frequency may not be an adequate indicator of an oxygen sensor response rate, particularly at low speeds). (8.1.2) Either the lean-to-rich or both the lean-to-rich and the rich-to-lean response rates shall be checked. Response rate checks shall evaluate the portions of the sensor's dynamic signal that are most affected by sensor malfunctions such as aging or poisoning. Manufacturers may observe the voltage envelope of the sensor when cycled at a frequency of 1.5 Hertz or greater, as determined by the manufacturer, to evaluate a slow response rate sensor (i.e. a slow sensor cannot achieve maximum and/or minimum voltage as will a good sensor given a properly chosen switching frequency and fuel step change for a check). With Executive Officer approval, manufacturers may use other voltage requirements/fuel-air switching frequencies or monitoring strategies based on a determination of accurate and timely evaluation of the sensor. (8.1.3) For sensors with different characteristics, the manufacturer shall submit data and an engineering evaluation to the Executive Officer for approval based on showing equivalent evaluation of the sensor. (8.1.4) For vehicles equipped with heated oxygen sensors, the heater circuit shall be monitored for proper current and voltage drop (note: a continuity check of oxygen sensors is not required). Other heater circuit monitoring strategies would require approval by the Executive Officer based on equally reliable and timely indication of malfunction as current or voltage-based monitoring. (8.2) Malfunction Criteria: (8.2.1) An oxygen sensor shall be considered malfunctioning when the voltage, response rate, or other criteria are exceeded and causes emissions from a vehicle equipped with the sensor(s) to exceed 1.5 times any of the applicable FTP standards, or when the sensor output characteristics are no longer sufficient (e.g., lack of sensor switching) for use as a diagnostic system monitoring device (e.g., for catalyst efficiency monitoring). (8.2.2) For heated oxygen sensors, the heater circuit shall be considered malfunctioning when the current or voltage drop in the circuit is no longer within the manufacturer's specified limits for normal operation (i.e., within the criteria required to be met by the component vendor for heater circuit performance at high mileage). Subject to Executive Officer approval, other monitoring strategy malfunction criteria for detection of heater circuit malfunctions may be used provided the manufacturer submits data and/or an engineering evaluation adequately showing monitoring reliability and timeliness to be equivalent to the stated criteria in this paragraph. (8.3) Monitoring Conditions: (8.3.1) For primary oxygen sensor(s) used for fuel control, the response rate and output voltage shall be monitored for malfunction before the end of the first idle period after the vehicle has commenced closed-loop operation, if the necessary checking condition for acceptable oxygen sensor(s) performance has been encountered. The performance of the sensor can only be judged acceptable by one or more of the following means: within any 20 second reasonably steady speed condition as defined in (b)(1.3.2), within any deceleration of 3 seconds or more, or during the first idle period of at least 20 seconds after closed loop operation begins (i.e., not during an acceleration condition); not withstanding, unacceptable performance can be determined at any time. Other monitoring conditions may be used provided the manufacturer provides a monitoring strategy and supporting data showing equivalent monitoring reliability and timeliness in detecting a malfunctioning sensor compared to the above monitoring conditions and the Executive Officer approves. (8.3.2) For secondary oxygen sensors used for catalyst monitoring and/or fuel system trim, the manufacturer shall define appropriate operating conditions for response rate and/or output voltage malfunction monitoring, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (8.3.3) For heated oxygen sensors, the manufacturer shall define appropriate operating conditions for malfunction monitoring of the heater circuit, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (8.4) MIL Illumination and Fault Code Storage: Upon detection of any oxygen sensor malfunction, the diagnostic system shall store a fault code and the MIL shall illuminate no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. (8.5) Other (non-lambda) Oxygen Sensors: (8.5.1) For vehicles equipped with universal exhaust gas oxygen sensors (i.e. sensors which provide an output proportional to exhaust gas oxygen concentration), the manufacturer shall define appropriate operating conditions for the diagnostic system to perform a response rate check (the time required to respond to a specific change in fuel/air ratio), subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. The diagnostic system shall also perform an out-of-range check for which monitoring shall be continuous. For malfunctions, MIL illumination and fault code storage shall be as in (8.4). (8.5.2) If a manufacturer utilizes other types of oxygen sensors, the manufacturer shall submit a monitoring plan to the Executive Officer for approval based on equivalent monitoring with conventional sensors. (9.0) EXHAUST GAS RECIRCULATION (EGR) SYSTEM MONITORING (9.1) Requirement: (9.1.1) The diagnostic system shall monitor the EGR system on vehicles so-equipped for low and high flow rate malfunctions. (9.1.2) Manufacturers may request Executive Officer approval to temporarily disable the EGR system check under specific conditions provided the manufacturer submits data and/or an engineering evaluation which adequately demonstrated that a reliable check cannot be made when these conditions exist. (9.2) Malfunction Criteria: The EGR system shall be considered malfunctioning when one or both of the following occurs: (1) any components of the system fails to perform within manufacturer specifications, or (2) the EGR flow rate exceeds the manufacturer's specified low or high flow limits such that a vehicle would exceed 1.5 times any of the applicable FTP emission standards. (9.3) Monitoring Conditions: Manufacturers shall define appropriate operating conditions for monitoring the EGR system, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (9.4) MIL Illumination and Fault Code Storage: The diagnostic system shall store a fault code and the MIL shall illuminate no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. (10.0) POSITIVE CRANKCASE VENTILATION (PCV) SYSTEM MONITORING (10.1) Requirement: Beginning with the 2002 model year, manufacturers shall phase-in diagnostic strategies to monitor the PCV system on vehicles so-equipped for system integrity. The phase-in percentages (based on the manufacturer's projected sales volume for all vehicles and engines subject to this section) shall equal or exceed 30 percent in the 2002 model year, 60 percent in the 2003 model year, with 100 percent implementation of the 2004 model year. Small volume manufacturers are not required to meet the phase-in percentages; however, 100 percent implementation of these monitoring requirements shall be required beginning with the 2004 model year. Alternate phase-in percentages that provide for equivalent emission reduction and timeliness overall in implementing these requirements shall be accepted. (10.2) Malfunction Criteria: (10.2.1) Except as provided below, the PCV system shall be considered malfunctioning when disconnection occurs between either the crankcase and the PCV valve, or between the PCV valve and the intake manifold. (10.2.2) If the PCV system is designed such that the PCV valve is fastened directly to the crankcase in a manner which makes it significantly more difficult to remove the valve from the crankcase rather than disconnect the line between the valve and the intake manifold (taking aging effects into consideration), the Executive Officer shall exempt the manufacturer from detection of disconnection between the crankcase and the PCV valve. Subject to Executive Officer approval, system designs that utilize tubing between the valve and the crankcase shall also be exempted from this portion of the monitoring requirement provided the manufacturer submits data and/or engineering which adequately demonstrate that the connections between the valve and the crankcase are resistant to deterioration or accidental disconnection, are significantly more difficult to disconnect than the line between the valve and the intake manifold, and are not subject to disconnection per manufacturer's repair procedures for non-PCV system repair work. (10.2.3) Manufacturers shall not be required to detect disconnections between the PCV valve and the intake manifold if said disconnection (1) causes the vehicle to stall immediately during idle operation; or (2) is unlikely due to a PCV system design that is integral to the induction system (e.g., machined passages rather than tubing or hoses). (10.3) Monitoring Conditions: Manufacturers shall define appropriate operating conditions for monitoring the PCV system, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. The monitoring system shall operate at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (10.4) MIL Illumination and Fault Code Storage: The diagnostic system shall tore a fault code and the MIL shall illuminate no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. The fault code need not specifically identify the PCV system (e.g., a fault code for idle speed control or fuel system monitoring can be stored) if the manufacturer demonstrates that additional monitoring hardware would be necessary to make this identification, and provided the manufacturer's diagnostic and repair procedures for the indicated fault include directions to check the integrity of the PCV system. (11.0) THERMOSTAT MONITORING (11.1) Requirement: Beginning with the 2000 model year, manufacturers shall phase-in diagnostic strategies to monitor the thermostat on vehicles so-equipped for proper operation. The phase-in percentages (based on the manufacturer's projected sales volume for all vehicles and engines) shall equal or exceed 30 percent in the 2000 model year, 60 percent in the 2001 model year, with 100 percent implementation for the 2002 model year. Small volume manufacturers are not required to meet the phase-in percentages; however, 100 percent implementation of these monitoring requirements shall be required beginning with the 2002 model year. Alternate phase-in percentages that provide for equivalent emission reduction and timeliness overall in implementing these requirements shall be accepted. (11.2) Malfunction Criteria: The thermostat shall be considered malfunctioning if within a manufacturer-specified time interval after starting the engine, (a) the coolant temperature does not reach the highest temperature required by the manufacturer to enable other diagnostics; or (b) the coolant temperature does not reach a warmed-up temperature within 20 degrees Fahrenheit of the manufacturer's thermostat regulating temperature. Manufacturers shall provide data and/or engineering evaluation to support specified times. Subject to Executive Officer approval, manufacturers any utilize lower temperatures for criterion (b) above if they adequately demonstrate that the fuel, spark timing, and/or other coolant temperature-based modifications to the engine control strategies would not cause an emission increase of 50 or more percent of any of the applicable standards (e.g., 50 degree Fahrenheit emission test, etc.). With Executive Officer approval, manufacturers may omit this monitor provided the manufacturer adequately demonstrates that a malfunctioning thermostat cannot cause a measurable increase in emissions during any reasonable driving condition nor cause any disablement of other monitors. (11.3) Monitoring Conditions: Manufacturers shall define appropriate operating conditions for monitoring the thermostat; however, manufacturers may disable monitoring at ambient engine starting temperatures below 20 degrees Fahrenheit. (11.4) MIL Illumination and Fault Code Storage: The diagnostic system shall store a fault code and the MIL shall illuminate no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again present. (12.0) COMPREHENSIVE COMPONENT MONITORING (12.1) Requirement: The diagnostic system shall monitor for malfunction any electronic powertrain component/system not otherwise described above which either provides input to (directly or indirectly), or receives commands from the on-board computer, and which: (1) can affect emissions during any reasonable in-use driving condition, or (2) is used as part of the diagnostic strategy for any other monitored system or component. (12.1.1) Input Components: (A) The monitoring system shall have the capability of detecting, at a minimum, lack of circuit continuity and out of range values to ensure proper operation of the input device. The determination of out of range values shall include logic evaluation of available information to determine if a component is operating within its normal range (e.g., a low throttle position sensor voltage would not be reasonable at a high engine speed with a high mass airflow sensor reading). To the extent feasible, said logic evaluation shall be "two-sided" (i.e., verify a sensor output is not inappropriately high or low). (B) Input components may include, but are not limited to, the vehicle speed sensor, crank angle sensor, knock sensor, throttle position sensor, coolant temperature sensor, cam position sensor, fuel composition sensor (e.g. methanol flexible fuel vehicles), transmission electronic components such as sensors, modules, and solenoids which provide signals to the powertrain control system (see section (b)(12.5)). (C) The coolant temperature sensor shall be monitored for achieving a stabilized minimum temperature level which is needed to achieve closed-loop operation (or for diesel applications, the minimum temperature needed for warmed-up fuel control to begin) within a manufacturer-specified time interval after starting the engine. The time interval shall be a function of starting engine coolant temperature and/or a function of intake air temperature and, except as noted below, shall not exceed two minutes for engine start temperatures at or above 50 degrees Fahrenheit and five minutes for engine start temperatures at or above 20 degrees and below 50 degrees Fahrenheit. Manufacturers may suspend or delay the diagnostic if the vehicle is subjected to conditions which could lead to false diagnosis (e.g., vehicle operation at idle for more than 50 to 75 percent of the warm-up time). Manufacturers shall provide data to support specified times. The Executive Officer shall allow longer time intervals provided a manufacturer submits data and/or an engineering evaluation which adequately demonstrate that the vehicle requires a longer time to warm up under normal conditions. The Executive Officer shall allow disablement of this check under extremely low ambient temperature conditions (below 20 degrees Fahrenheit) provided a manufacturer submits data and/or an engineering evaluation which adequately demonstrate non-attainment of a stabilized minimum temperature. (12.1.2) Output Components: (A) The diagnostic system shall monitor output components for proper functional response to computer commands. (B) Components for which functional monitoring is not feasible shall be monitored, at a minimum, for proper circuit continuity and out of range values, if applicable. (C) Output components may include, but are not limited to, the automatic idle speed motor, emission-related electronic only transmission controls, heated fuel preparation systems, the wait-to-start lamp on diesel applications, and a warmup catalyst bypass valve (see section (b)(12.5)). (12.2) Malfunction Criteria: (12.2.1) Input Components: Input components/systems shall be considered malfunctioning when, at a minimum, lack of circuit continuity or manufacturer-specified out-of-range values occur. (12.2.2) Output Components: (A) Output components/systems shall be considered malfunctioning when a proper functional response to computer commands does not occur. Should a functional check for malfunction not be feasible, then an output component/system shall be considered malfunctioning when, at a minimum, lack of circuit continuity or manufacturer-specified out-of-range values occur. (B) The idle speed control motor/valve shall be monitored for proper functional response to computer commands. For strategies based on deviation from target idle speed, a fault shall be indicated when the idle speed control system cannot achieve the target idle speed within a manufacturer specified time and engine speed tolerance. In general, the engine speed tolerances shall not exceed 200 revolutions per minute (rpm) above the target speed or 100 rpm below the target speed. The Executive Officer shall allow larger engine speed tolerances provided a manufacturer submits data and/or an engineering evaluation which adequately demonstrates that the tolerances can be exceeded without a malfunction present. (C) Glow plugs shall be monitored for proper functional response to computer commands. The glow plug circuit(s) shall be monitored for proper current and voltage drop. The Executive Officer shall approve other monitoring strategies based on manufacturer's data and/or engineering analysis demonstrating equally reliable and timely indication of malfunctions. Manufacturers shall indicate a malfunction when a single glow plug no longer operates within the manufacturer's specified limits for normal operation. If a manufacturer demonstrates that a single glow plug failure cannot cause a measurable increase in emissions during any reasonable driving condition, the manufacturer shall indicate a malfunction for the minimum number of glow plugs needed to cause an emission increase. Further, to the extent feasible (without adding additional hardware for this purpose), the stored fault code shall identify the specific malfunctioning glow plug(s). (12.3) Monitoring Conditions: (12.3.1) Input Components: Input components shall be monitored continuously for proper range of values and circuit continuity. For rationality monitoring (where applicable), manufacturers shall define appropriate operating conditions during which monitoring shall occur, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. Rationality monitoring shall occur at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (12.3.2) Output Components: Monitoring for circuit continuity and proper range of values (if applicable) shall be conducted continuously. For functional monitoring, manufacturers shall define appropriate operating conditions during which monitoring shall occur, subject to the limitation that the monitoring conditions shall be encountered at least once during the first engine start portion of the applicable FTP test. However, functional monitoring may be conducted during non-FTP driving conditions, subject to Executive Officer approval, if the manufacturer provides data and/or an engineering evaluation which adequately demonstrate that the component does not normally function, or monitoring is otherwise not feasible, during applicable FTP test driving conditions. Functional monitoring shall occur at least once per driving cycle during which the manufacturer-defined monitoring conditions are met. (12.4) MIL Illumination and Fault Code Storage: (12.4.1) Upon detecting a malfunction, the diagnostic system shall store a fault code no later than the end of the next driving cycle during which monitoring occurs provided the malfunction is again detected. (12.4.2) In conjunction with storing a fault code, manufacturers shall illuminate the MIL for malfunctions of components/systems for which either of the following occurs: 1) When malfunctioning, the component or system could cause vehicle emissions to increase by 15 percent or more of the FTP standard, or 2) The component/system is used as part of the diagnostic strategy for any other monitored system or component. (12.5) Component Determination: The manufacturer shall determine whether a powertrain input or output component not otherwise covered can affect emissions. If the Executive Officer reasonably believes that a manufacturer has incorrectly determined that a component cannot affect emissions, the Executive Officer shall require the manufacturer to provide emission data showing that such a component, when faulty and installed in a suitable test vehicle, does not have an emission effect. Emission data may be requested for any reasonable driving condition. (c) ADDITIONAL MIL ILLUMINATION AND FAULT CODE STORAGE PROTOCOL (1.0) MIL ILLUMINATION For all emission-related components/systems, upon final determination of malfunction, the MIL shall remain continuously illuminated (except that it shall blink as indicated previously for misfire detection). If any malfunctions are identified in addition to misfire, the misfire condition shall take precedence, and the MIL shall blink accordingly. The diagnostic system shall store a fault code for MIL illumination whenever the MIL is illuminated. The diagnostic system shall illuminate the MIL and shall store a code whenever the powertrain enters a default or "limp home" mode of operation. The diagnostic system shall illuminate the MIL and shall store a code whenever the engine control system fails to enter closed-loop operation (if employed) within a manufacturer specified minimum time interval. (2.0) EXTINGUISHING THE MIL (2.1) Misfire and Fuel System Malfunctions: For misfire or fuel system malfunction, the MIL may be extinguished if the fault does not recur when monitored during three subsequent sequential driving cycles in which conditions are similar to those under which the malfunction was first determined (see sections (b)(3.4.3) and (b)(7.4.3)). (2.2) All Other Malfunctions: Except as noted in section (b)(6.4), for all other faults, the MIL may be extinguished after three subsequent sequential driving cycles during which the monitoring system responsible for illuminating the MIL functions without detecting the malfunction and if no other malfunction has been identified that would independently illuminate the MIL according to the requirements outlined above. (3.0) ERASING A FAULT CODE The diagnostic system may erase a fault code if the same fault is not re-registered in at least 40 engine warm-up cycles, and the MIL is not illuminated for that fault code. (d) TAMPERING PROTECTION Computer-coded engine operating parameters shall not be changeable without the use of specialized tools and procedures (e.g. soldered or potted computer components or sealed (or soldered) computer enclosures). Subject to Executive Officer approval manufacturers may exempt from this requirement those precut lines which are unlikely to require protection. Criteria to be evaluated in making an exemption include, but are not limited to, current availability of performance chips, high performance capability of the vehicle, and sales volume. (e) READINESS/FUNCTION CODE The on-board computer shall store a code upon first completing a full diagnostic check (i.e., the minimum number of checks necessary for MIL illumination) of all monitored components and systems (except as noted below) since the computer memory was last cleared (i.e., through the use of a scan tool or battery disconnect). The code shall be stored in the format specified by SAE J1979 or SAE J1939, whichever applies. Both documents are incorporated by reference in sections (k)(2.0) and (k)(5.0). The diagnostic system check for comprehensive component monitoring and continuous monitoring of misfire and fuel system faults shall be considered complete for purposes of determining the readiness indication if malfunctions are not detected in those areas by the time all other diagnostic system checks are complete. Subject to Executive Officer approval, if monitoring is disabled for a multiple number of driving cycles due to the continued presence of extreme operating conditions (e.g., cold ambient temperatures, high altitudes, etc.), readiness for the subject monitoring system may be set without monitoring having been completed. Executive Officer approval shall be based on the conditions for monitoring system disablement and the number of driving cycles specified without completion of monitoring before readiness is indicated. For evaporative system monitoring, the readiness indication shall be set when a full diagnostic check has been completed with respect to the 0.040 inch orifice malfunction criteria if the monitoring conditions are constrained with respect to detection of a 0.020 inch leak (see sections (b)(4.2.2) and (4.3). (f) STORED ENGINE CONDITIONS Upon detection of the first malfunction of any component or system, "freeze frame" engine conditions present at the time shall be stored in computer memory. Should a subsequent fuel system or misfire malfunction occur, any previously stored freeze frame conditions shall be replaced by the fuel system or misfire conditions (whichever occurs first). Stored engine conditions shall include, but are not limited to, calculated load value, engine RPM, fuel trim value(s) (if available), fuel pressure (if available), vehicle speed (if available), coolant temperature, intake manifold pressure (if available), closed- or open-loop operation (if available), and the fault code which caused the data to be stored. The manufacturer shall choose the most appropriate set of conditions facilitating effective repairs for freeze frame storage. Only one frame of data is required. Manufacturers may at their discretion choose to store additional frames provided that at least the required frame can be read by a generic scan tool meeting Society of Automotive Engineers (SAE) specifications established in SAE Recommended Practices on "OBD II Scan Tool" (J1978), June, 1994, and "E/E Diagnostic Test Modes" (J1979), June, 1994, which are incorporated by reference herein. If approval is granted to use the SAE J1939 communication protocol according to section (k)(5.0), the data shall be accessible using a scan tool meeting the J1939 specifications. If the fault code causing the conditions to be stored is erased in accordance with section (c)(3.0), the stored engine conditions may be cleared as well. (g) MONITORING SYSTEM DEMONSTRATION REQUIREMENTS (1.0) REQUIREMENT Each year a manufacturer shall provide emission test data obtained from a certification durability vehicle for one engine family that has not been used previously for purposes of this section. If a manufacturer does not have a certification durability vehicle available which is suitable for the engine family designated for testing, the Executive Officer shall permit a manufacturer to satisfy this requirement with data from a representative high mileage vehicle or vehicles (or a representative high operating- hour engine or engines) acceptable to the Executive Officer to demonstrate that malfunction criteria are based on emission performance. The Air Resources Board (ARB) shall determine the engine family to be demonstrated. Each manufacturer shall notify the Executive Officer prior to applying for certification of the engine families planned for a particular model year in order to allow selection of the engine family to be demonstrated. Demonstration tests shall be conducted on the certification durability vehicle or engine at the end of the required mileage or operating-hour accumulation. For non-LEVs, until a NOx standard applicable for more than 50,000 miles is established in California, the federal 50,000 to 100,000 mile NOx standard shall be used for demonstration purposes. (1.1) Flexible fuel vehicles shall perform each demonstration test using 85 percent methanol and 15 percent gasoline, and gasoline only. For vehicles capable of operating on other fuel combinations, the manufacturer shall submit a plan for performing demonstration testing for approval by the Executive Officer on the basis of providing accurate and timely evaluation of the monitored systems. (2.0) APPLICABILITY: The manufacturer shall perform single- fault testing based on the applicable FTP test cycle with the following components/systems at their malfunction criteria limits as determined by the manufacturer. (2.1) Oxygen Sensors. The manufacturer shall conduct the following demonstration tests: The first test involves testing all primary and secondary (if equipped) oxygen sensors used for fuel control simultaneously possessing normal output voltage but response rate deteriorated to the malfunction criteria limit (secondary oxygen sensors for which response rate is not monitored shall be normal response characteristics). The second test shall include testing with all primary and secondary (if equipped) oxygen sensors used for fuel control simultaneously possessing output voltage at the malfunction criteria limit. Manufacturers shall also conduct a malfunction criteria demonstration test for any other oxygen sensor parameter that can cause vehicle emissions to exceed 1.5 times the applicable standards (e.g., shift in air/fuel ratio at which oxygen sensor switches). When performing additional test(s), all primary and secondary (if equipped) oxygen sensors used for fuel control shall be operating at the malfunction criteria limit for the applicable parameter only. All other primary and secondary oxygen sensor parameters shall be with normal characteristics. (2.2) EGR System: The manufacturer shall conduct at least one flow rate demonstration test at the low flow limit. (2.3) Fuel Metering System: (2.3.1) For vehicles with short-term or long-term fuel trim circuitry, the manufacturer shall conduct one demonstration test at the border of the rich limit and one demonstration test at the border of the lean limit established by the manufacturer for emission compliance. (2.3.2) For other systems, the manufacturer shall conduct a demonstration test at the criteria limit(s). (2.3.3) For purposes of the demonstration, the fault(s) induced may result in a uniform distribution of fuel and air among the cylinders. Non-uniform distribution of fuel and air used to induce a fault shall not cause an indication of misfire. The manufacturer shall describe the fault(s) induced in the fuel system causing it to operate at the criteria limit(s) for the demonstration test (e.g., restricted or increased flow fuel injectors, and altered output signal airflow meter etc.. Computer modifications to cause the fuel system to operate at the adaptive limit for malfunction shall be allowed for the demonstration tests if the manufacturer demonstrates that the computer modification produces equivalent test results. (2.4) Misfire: The manufacturer shall conduct one FTP demonstration test at the criteria limit specified in (b)(3.2)(B) for malfunction. This demonstration is not required for diesel applications. (2.5) Secondary Air System: The manufacturer shall conduct a flow rate demonstration test at the low flow limit, unless only a functional check is permitted according to section (b)(5.2.2). (2.6) Catalyst Efficiency: (2.6.1) Non-Low Emission Vehicles: The manufacturer shall conduct a baseline FTP test with a representative 4000 mile catalyst system followed by one FTP demonstration test using a catalyst system deteriorated to its malfunction limit. If a manufacturer is employing a steady state catalyst efficiency check in accordance with section (b)(1.2.4), demonstration of the catalyst monitoring system is not required. (2.6.2) Low Emission Vehicles: The manufacturer shall conduct a catalyst efficiency demonstration using a catalyst system deteriorated to the malfunction criteria. (2.7) Heated Catalyst Systems: The manufacturer shall conduct a demonstration test where the designated heating temperature is reached at the time limit for malfunction after engine starting. (2.8) Manufacturers may electronically simulate deteriorated components, but may not make any vehicle control unit modifications (unless otherwise excepted above) when performing demonstration tests. All equipment necessary to duplicate the demonstration test must be made available to the ARB upon request. (3.0) PRECONDITIONING The manufacturer shall use the first engine start portion of one applicable FTP cycle (or Unified Cycle, if approved) for preconditioning before each of the above emission tests. If a manufacturer provides data and/or an engineering evaluation which adequately demonstrate that additional preconditioning is necessary to stabilize the emission control system, the Executive Officer shall allow an additional identical preconditioning cycle, or a Federal Highway Fuel Economy Driving Cycle, following a ten-minute (or 20 minutes for medium duty engines certified on an engine dynamometer) hot soak after the initial preconditioning cycle. The manufacturer shall not require the demonstration vehicle to be cold soaked prior to conducting preconditioning cycles in order for the monitoring system demonstration to be successful. (4.0) EVALUATION PROTOCOL (4.1) The manufacturer shall set the system or component for which detection is to be demonstrated at the criteria limit(s) prior to conducting the applicable preconditioning cycle(s). (For misfire demonstration, misfire shall be set at its criteria limit as specified pursuant to section (b)(3.2)(B)). If a second preconditioning cycle is permitted in accordance with section (3.0) above, the manufacturer may adjust the demonstrated system or component before conducting the second preconditioning cycle; however, the demonstrated system or component shall not be replaced, modified or adjusted after preconditioning has taken place. (4.2) After preconditioning, the vehicle shall be operated over the first engine start portion of the applicable FTP test (or Unified Cycle, if approved) to allow for the initial detection of the malfunction. This driving cycle may be omitted from the evaluation protocol if it is unnecessary. If required by the demonstrated monitoring strategy, a cold soak may be performed prior to conducting this driving cycle. (4.3) The vehicle shall then be operated over a full applicable FTP test. If monitoring during the Unified Cycle is approved, a second Unified Cycle may be conducted prior to the FTP test. (4.4) For all demonstrations, the MIL shall be illuminated before the hot start portion of the full FTP test (or before the hot start portion of the last Unified Cycle, if applicable) in accordance with requirements of subsection (b): (4.4.1) If the MIL does not illuminate when the systems or components are set at their limit(s), the criteria limit or the OBD system is not acceptable. (4.4.2) Except for catalyst efficiency demonstration, if the MIL illuminates and emissions do not exceed 1.5 times any of the applicable FTP emission standards, no further demonstration shall be required. (4.4.3) Except for catalyst efficiency demonstration, if the MIL illuminates and emissions exceed 1.5 times any of the applicable FTP emission standards, the vehicle shall be retested with the component's malfunction criteria limit value reset such that vehicle emissions are reduced by no more than 30 percent. Limit value at a minimum includes, in the case of oxygen sensors, response rate and voltage; for EGR systems, EGR flow rate; for secondary air systems, air flow rate; for short-term fuel trim-only systems, time interval at the fuel system range of authority limit; for long-term fuel trim systems, shift in the base fuel calibration; for heated catalyst systems, the time limit between engine starting and attaining the designated heating temperature (if an after-start heating strategy is used); and for misfire, percent misfire. For the OBD system to be approved, the vehicle must then meet the above emission levels when tested with the faulty components. The MIL shall not illuminate during this demonstration. (4.4.4) For Non-LEV catalyst efficiency demonstration, if HC emissions do not increase by more than 1.5 times the standard from the baseline FTP test and the MIL is illuminated, no further demonstration shall be required. However, if HC emissions increase by more than 1.5 times the standard from the baseline FTP test and the MIL is illuminated, the vehicle shall be retested with the average FTP HC conversion capability of the catalyst system increased by no more than 10 percent (i.e., 10 percent more engine out hydrocarbons are converted). For the OBD system to be approved, the vehicle must then meet the above emission levels when re-tested. The MIL shall not illuminate during this demonstration. (4.4.5) For Low Emission Vehicle catalyst efficiency demonstration, if HC emissions do not exceed the applicable emission threshold specified in section (b)(1.2.2) and the MIL is illuminated, no further demonstration shall be required. However, if HC emissions exceed the threshold and the MIL is illuminated, the vehicle shall be retested with average FTP HC conversion capability of the catalyst system increased by no more than 5 percent (i.e., 5 percent more engine out hydrocarbons are converted). For the OBD II system to be approved, the vehicle must then meet the above emission levels when re-tested. The MIL shall not illuminate during this demonstration. (4.5) If an OBD system is determined unacceptable by the above criteria, the manufacturer may re-calibrate and re-test the system on the same vehicle. Any affected monitoring systems demonstrated prior to the re-calibration shall be re-verified. (4.6) The Executive Officer may approve other demonstration protocols if the manufacturer can adequately show comparable assurance that the malfunction criteria are chosen based on meeting emission requirements and that the timeliness of malfunction detections are within the constraints of the applicable monitoring requirements. (h) CERTIFICATION DOCUMENTATION: The manufacturer shall submit the following documentation for each engine family at the time of certification. With Executive Officer approval, one or more of the documentation requirements specified in this section may be waived or altered if the information required would be redundant or unnecessarily burdensome to generate: (1) A written description of the functional operation of the diagnostic system to be included in section 8 of manufacturers' certification application. (2) A table providing the following information for each monitored component or system (either computer-sensed or -controlled) of the emission control system: (A) corresponding fault code (B) monitoring method or procedure for malfunction detection (C) primary malfunction detection parameter and its type of output signal (D) fault criteria limits used to evaluate output signal of primary parameter (E) other monitored secondary parameters and conditions (in engineering units) necessary for malfunction detection (F) monitoring time length and frequency of checks (G) criteria for storing fault code (H) criteria for illuminating malfunction indicator light (I) criteria used for determining out of range values and input component rationality checks. (3) A logic flowchart describing the general method of detecting malfunctions for each monitored emission-related component or system. To the extent possible, abbreviations in Society of Automotive Engineers' (SAE) J1930 "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms", September, 1995, shall be used. J1930 is incorporated by reference herein. The information required in the chart under (2) above may instead be included in this flow chart, provided all of the information required in (2) is included. (4) A listing and block diagram of the input parameters used to calculate or determine calculated load values and the input parameters used to calculate or determine fuel trim values. (5) A scale drawing of the MIL and the fuel cap indicator light, if present, which specifies location in the instrument panel, wording, color, and intensity. (6) Emission test data specified in subsection (g). (7) Data supporting the selected degree of misfire which can be tolerated without damaging the catalyst. For vehicles designed to meet the expanded misfire monitoring conditions (section (b)(3.3.2) or (b)(3.3.3)), representative data demonstrating the capability of the misfire monitoring system (i.e., probability of detection of misfire events) to detect misfire over the full engine speed and load operating range for selected misfire patterns (i.e., random cylinders, one cylinder out, paired cylinders out). (8) Data supporting the limit for the time between engine starting and attaining the designated heating temperature for after-start heated catalyst systems. (9) For Low Emission Vehicles, data supporting the criteria used to indicate a malfunction when catalyst deterioration causes emissions to exceed the applicable threshold specified in section (b)(1.2.2). (10) For Non-Low Emission Vehicles, data supporting the criteria used to indicate a malfunction when catalyst deterioration leads to a 1.5 times the standard increase in HC emissions. If a steady state catalyst efficiency check is employed in accordance with section (b)(1.2.4), data supporting the criteria used by the diagnostic system for establishing a 60 to 80 percent catalyst efficiency level shall be provided instead. (11) Data supporting the criteria used to detect evaporative purge system leaks. (12) A description of the modified or deteriorated components used for fault simulation with respect to the demonstration tests specified in section (g). (13) A listing of all electronic powertrain input and output signals. (14) Any other information determined by the Executive Officer to be necessary to demonstrate compliance with the requirements of this section. (i) IN-USE REAL TESTING PROTOCOL The manufacturer shall adhere to the following procedures for vehicles subject to in-use recall testing required by the ARB: (1) If the MIL illuminates during a test cycle or during a preconditioning cycle, the fault causing the illumination may be identified and repaired following published procedures readily available to the public including the independent service sector. (2) The test may be rerun, and the results from the repaired vehicle may be used for emission reporting purposes. (3) If a vehicle contains a part which is operating outside of design specifications with no MIL illumination, the part shall not be replaced prior to emission testing unless it is determined that the part has been tampered with or abused in such a way that the diagnostic system cannot reasonably be expected to detect the resulting malfunction. (4) Failure of a vehicle, or vehicles on average, to meet applicable emission standards with no illumination of the MIL shall not by itself be grounds for requiring the OBD system to be recalled for recalibration or repair since the OBD system cannot predict precisely when vehicles exceed emission standards. (5) A decision to recall the OBD system for recalibration or repair will depend on factors including, but not limited to, level of emissions above applicable standards, presence of identifiable faulty or deteriorated components which affect emissions with no MIL illumination, and systematic erroneous activation of the MIL. With respect to erroneous activation of the MIL, the manufacturer may request Executive Officer approval to take action apart from a formal recall (e.g., extended warranty or a service campaign) to correct the performance of the diagnostic strategy on in-use vehicles. In considering a manufacturer's request, the Executive Officer shall consider the estimated frequency of false MIL activation in-use, and the expected effectiveness in relation to a formal recall of the manufacturer's proposed corrective action in capturing vehicles in the field. For 1994 through 1997 model years, on-board diagnostic systems recall shall not be considered for excessive emissions without MIL illumination (if required) and fault code storage until emissions exceed 2.0 times any of the applicable standards in those instances where the malfunction criterion is based on exceeding 1.5 times (or 1.75 times for LEV catalyst monitoring) any of the applicable standards. This higher emission threshold for recall shall extend through the 1998 model year for TLEV applications (except for catalyst monitoring, for which the threshold shall extend through the 2003 model year), and through the 2003 model year for all applicable monitoring requirements on LEV and ULEV applications. (6) Regarding catalyst system monitoring, unmonitored catalysts shall be normally aged. (j) CONFIRMATORY TESTING The ARB may perform confirmatory testing of manufacturer's diagnostic systems for compliance with requirements of this section in accordance with malfunction criteria submitted in the manufacturer's approved certification documentation. The ARB or its designee may install appropriately deteriorated normal functioning components in an otherwise properly functioning test vehicle of an engine family represented by the demonstration test vehicle(s) (or simulate a deteriorated or malfunctioning component response) in order to test the fuel system, misfire detection system, oxygen sensor, secondary air system, catalyst efficiency monitoring system, heated catalyst system, and EGR system malfunction criteria for compliance with the applicable emission constraints in this section. Confirmatory testing to verify that malfunction criteria are set for compliance with emission requirements of this section shall be limited to vehicles in engine families derived from the demonstration vehicle(s). Diagnostic systems of a representative sample of vehicles which uniformly fail to met the requirements of this section may be recalled for correction. (k) STANDARDIZATION Standardized access to emission-related fault codes, emission-related powertrain test information (i.e., parameter values) as outlined in subsection (l), emission related diagnostic procedures, and stored freeze frame data shall be incorporated based on the industry specifications referenced in this regulation. (1.0) Either SAE Recommended Practice J1850, "Class B Data Communication Network Interface", July, 1995, or International Standards Organization (ISO) 9141-2, "Road vehicles - Diagnostic Systems - CARB Requirements for Interchange of Digital Information," February, 1994, or ISO 14230-4, "Road vehicles - Diagnostic systems - KWP 2000 requirements for Emission-related systems," April, 1996, which are incorporated by reference, shall be used as the on-board to off-board network communications protocol. All SAE J1979 emission related messages sent to the J1978 scan tool over a J1850 data link shall use the Cyclic Redundancy Check and the three byte header, and shall not use inter-byte separation or checksums. (2.0) J1978 & J1979 Standardization of the message content (including test modes and test messages) as well as standardization of the downloading protocol for fault codes, parameter values and their units, and freeze frame data are set forth in SAE Recommended Practices on "OBD II Scan Tool" (J1978), June, 1994, and "E/E Diagnostic Test Modes" (J1979), July, 1996, which have been incorporated by reference. Fault codes, parameter values, and freeze frame data shall be capable of being downloaded to a generic scan tool meeting these SAE specifications. (2.1) Manufacturers shall make readily available at a fair and reasonable price to the automotive repair industry vehicle repair procedures which allow effective emission related diagnosis and repairs to be performed using only the J1978 generic scan tool and commonly available, non-microprocessor based tools. As an alternative to publishing repair procedures using only the J1978 generic scan tool, manufacturers may make available manufacturer-specific commands needed to perform the same emission-related diagnosis and repair procedures (excluding any reprogramming) in a comparable manner as the manufacturer-specific diagnostic scan tool. In addition to these procedures, manufacturers may publish repair procedures referencing the use of manufacturer specific or enhanced equipment. Vehicle manufacturers shall provide for same day availability (e.g., via facsimile transmission) at a fair and reasonable cost of emission-related technical service bulletins less than 20 pages in length. (2.2) The J1978 scan tool shall be capable of notifying the user when one or more of the required monitoring systems are not included as part of the OBD system. (3.0) J2012 Part C Uniform fault codes based on SAE specifications shall be employed. SAE "Recommended Format and Messages for Diagnostic Trouble Codes" (J2012), October, 1994, is incorporated by reference. (4.0) J1962 A standard data link connector in a standard location in each vehicle based on SAE specifications shall be incorporated. The location of the connector shall be easily identified by a technician entering the vehicle from the driver's side. Any pins in the standard connector that provide any electrical power shall be properly fused to protect the integrity and usefulness of the diagnostic connector for diagnostic purposes. The SAE Recommended Practice "Diagnostic Connector" (J1962), January, 1995, is incorporated by reference. (5.0) With Executive Officer approval, medium-duty vehicles may alternatively employ the communication protocols established in Draft SAE Recommended Practice J1939, "Serial Control and Communications Network", April 1994, to satisfy the standardization requirements specified in sections (k)(1) through (k)(4) above. The Executive Officer's decision shall be based on the effectiveness of the SAE J1939 protocol in satisfying the diagnostic information requirements of Section 1968.1 in comparison with the above referenced documents. (6.0) J2008 Beginning January 1, 2002, manufacturers shall make available at a fair and reasonable price, all 2002 and newer model year vehicle emission-related diagnosis and repair information provided to the manufacturer's franchised dealers (e.g., service manuals, technical service bulletins, etc.) in the electronic format specified in SAE J2008 Draft Technical Report, "Recommended Organization of Service Information", November, 1995. The information shall be made available within 30 days of its availability to franchised dealers. Small volume manufacturers shall be exempted indefinitely from the J2008 formatting requirement. ( l ) SIGNAL ACCESS (1.0) The following signals in addition to the required freeze frame information shall be made available on demand through the serial port on the standardized data link connector: calculated load value, diagnostic trouble codes, engine coolant temperature, fuel control system status (open loop, closed loop, other; if equipped with closed loop fuel control), fuel trim (if equipped), fuel pressure (if available), ignition timing advance (if equipped), intake air temperature (if equipped), manifold air pressure (if equipped), air flow rate from mass air flow meter (if equipped), engine RPM, throttle position sensor output value (if equipped), secondary air status (upstream, downstream, or atmospheric; if equipped), and vehicle speed (if equipped). The signals shall be provided in standard units based on the SAE specifications incorporated by reference in this regulation, and actual signals shall be clearly identified separately from default value or limp home signals. Additionally, beginning with a phase-in of 30 percent in the 2000 model year, 60 percent in the 2001 model year, and with full implementation by the 2002 model year, the software calibration identification number shall be made available through the serial port on the standardized data link connector. The phase-in percentages shall be based on the manufacturer's projected sales volume for all vehicles and engines. Small volume manufacturers shall not be required to meet the phase-in percentages; however, such manufacturers shall achieve 100 percent compliance by the 2002 model year. The software calibration identification number shall be provided in a standardized format. Alternate phase-in percentages that provide for equivalent timeliness overall in implementing these requirements shall be accepted. (2.0) The manufacturer shall publish in factory service manuals a normal range for the calculated load value and mass air flow rate (if available) at idle, and at 2500 RPM (no load, in neutral or park). If 2500 RPM is outside of the operating range of the engine, the corresponding data may be omitted. If the total fuel command, trim is made up by more than one source (e.g. short-term trim and long-term trim), all fuel trim signals shall be available. The signals shall be provided in standard units based on the incorporated SAE specifications, and actual signals shall be clearly identified separately from default value or limp home signals. Diesel vehicles shall be exempt from this requirement. (3.0) Oxygen sensor data (including current oxygen sensor output voltages) that will allow diagnosis of malfunctioning oxygen sensors shall be provided through serial data port on the standardized data link. In addition, beginning with the 1996 model year (with full compliance required by the 1997 model year), for all monitored components and systems, except misfire detection, fuel system monitoring, and comprehensive component monitoring, results of the most recent test performed by the vehicle, and the limits to which the system is compared shall be available through the data link. For the monitored components and systems excepted above, a pass/fail indication for the most recent test results shall be available through the data link. Such data shall be transmitted in accordance with SAE J1979 (or SAE J1939, whichever applies). Manufacturers shall report the test results such that properly functioning systems do not indicate a failure (e.g., a test value which is outside of the test limits). Alternative methods shall be approved by the Executive Officer if, in the judgment of the Executive Officer, they provide for equivalent off-board evaluation. (4.0) Beginning with a phase-in of 30 percent in the 2000 model year, 60 percent in the 2001 model year, and with full implementation by the 2002 model year, manufacturers shall provide for verification of the on-board computer software integrity in electronically reprogrammable control units through the standardized vehicle data connector in a standardized format to be adopted by SAE. The phase-in percentages shall be based on the manufacturer's projected sales volume for all vehicles and engines. Small volume manufacturers shall not be required to meet the phase-in percentages; however, such manufacturers shall achieve 100 percent compliance by the 2002 model year. Such verification shall be capable of being used to determine if the emission-related software and/or calibration data are valid and applicable for that vehicle. Alternate phase-in percentages that provide for equivalent timeliness overall in implementing these requirements shall be accepted. (m) IMPLEMENTATION SCHEDULE (1.0) These OBD II requirements, unless otherwise specified, shall be implemented beginning with the 1994 model year. (2.0) The Executive Officer shall grant an extension for compliance with the requirements of these subsections with respect to a specific vehicle model or engine family if the vehicle model or engine family meets previously applicable on-board diagnostic system requirements and a manufacturer demonstrates that it cannot modify a present electronic control system by the 1994 model-year because major design system changes not consistent with the manufacturer's projected changeover schedule should be needed to comply with provisions of these subsections. (2.1) The manufacturer which has received an extension from the Executive Officer shall comply with these regulations when modification of the electronic system occurs in accordance with the manufacturer's projected changeover schedule or in the 1996 model year, whichever first occurs. (2.2) Any manufacturer requesting an extension shall, no later than October 15, 1991, submit to the Executive Officer an application specifying the period for which the extension is required. (3.0) Small volume manufacturers as defined in (n)(13.0) shall meet these requirements by the 1996 model year. (4.0) Manufacturers may at their discretion implement a portion of these regulations prior to the required implementation date provided that the system complies with previously applicable on-board diagnostic system requirements. (5.0) Diesel vehicles shall meet these requirements by the 1996 model year. Manufacturers may request a delay in the implementation of these requirements for diesel vehicles until 1997, subject to Executive Officer approval, if it is adequately demonstrated that the delay will allow for the development of significantly more effective monitoring systems. (5.1) Vehicles and engines certified to run on alternate fuels shall meet these requirements by the 1996 model year. However, manufacturers may request the Executive Officer to waive specific monitoring requirements for which monitoring may not be reliable with respect to the use of alternate fuels until the 2005 model year. (5.2) Medium-duty vehicles with engines certified on an engine dynamometer may comply with these requirements on an engine model year certification basis rather than on a vehicle model basis. (6.0) The Executive Officer may waive one or more of the requirements of these subsections with respect to a specific vehicle or engine family for which production commences prior to April 1, 1994, and which is not otherwise exempted from compliance in accordance with sections (2.0) and (2.1) above. In granting a waiver, the Executive Officer shall consider the following factors: the extent to which these requirements are satisfied overall on the vehicle applications in question, the extent to which the resultant diagnostic system design will be more effective than systems developed according to section 1968, Title 13, and a demonstrated good-faith effort to meet these requirements in full by evaluating and considering the best available monitoring technology. (6.1) For 1995 and 1996 model year vehicles for which production is to commence subsequent to March 31, 1994, and which are not exempted from compliance in accordance with section (2.0) and (2.1) above, the Executive Officer, upon receipt of an application from the manufacturer, may certify the vehicles in questions even though said vehicles may not comply with one or more of the requirements of these subsections. Such certification is contingent upon the manufacturer meeting the criteria set forth in section (6.0) above. Manufacturers of non-complying systems shall be subject to fines pursuant to section 43016 of the California Health and Safety Code for each deficiency identified, after the second, in a vehicle model. For the third deficiency and every deficiency thereafter identified in a vehicle model, the fines shall be in the amount of $50 per deficiency per vehicle for non-compliance with any of the monitoring requirements specified in subsections (b)(1) through (b)(11), and $25 per deficiency per vehicle for non-compliance with any other requirement of section 1968.1. In determining the identified order of deficiencies, deficiencies of subsections (b)(1) through (b)(11) shall be identified first. Total fines per vehicle under this section shall not exceed $500 per vehicle and shall be payable to the State Treasurer for deposit in the Air Pollution Control Fund. Engine families in receipt of a waiver granted under section (6.0) above shall be exempt from these fines. Further, small volume manufacturers choosing to comply with these requirements in the 1995 model year shall also be exempt from these fines. For 1996 model year vehicles and engines only, failure to properly monitor multiple electronic transmission components shall be considered a single monitoring system deficiency. (6.2) Beginning with the 1997 model year and through the 2003 model year, the certification provisions set forth in section (m)(6.1) above shall continue to apply subject to the following limitations: 1) The specified fines shall apply to the third and subsequently identified deficiencies, with the exception that fines shall apply to all monitoring system deficiencies wherein a required monitoring strategy is completely absent from the OBD system, and 2) Manufacturers may not carry over monitoring system deficiencies for more than two model years unless it can be adequately demonstrated that substantial vehicle hardware modifications and additional lead time beyond two years would be necessary to correct the deficiency, in which case the deficiency may be carried over for three model years. (6.3) Beginning with the 2004 model year, the certification provisions set forth in section (m)(6.1) and (m)(6.2) above shall continue to apply subject to the following limitations: 1) The specified fines shall apply to the second and subsequently identified deficiencies, and 2) Manufacturers may not carry over monitoring system deficiencies to future model years. (n) GLOSSARY For purposes of this section: (1.0) "Malfunction" means the inability of an emission- related component or system to remain within design specifications. Further, malfunction refers to the deterioration of any of the above components or systems to a degree that would likely cause the emissions of an average certification durability vehicle with the deteriorated components or systems present at the beginning of the applicable certification emission test to exceed by more than 1.5 times any of the emission standards (both with respect to the certification and useful life standards), unless otherwise specified, applicable pursuant to Subchapter 1 (commencing with Section 1900), Chapter 3 of Title 13. Notwithstanding, for catalyst monitoring (section (b)(1.0)), applicable HC emission standard shall refer only to the useful life standards. (2.0) "Secondary air" refers to air introduced into the exhaust system by means of a pump or aspirator valve or other means that is intended to aid in the oxidation of HC and CO contained in the exhaust gas stream. (3.0) "Engine misfire" means lack of combustion in the cylinder due to absence of spark, poor fuel metering, poor compression, or any other cause. (4.0) Oxygen sensor "response rate" refers to the delay (measured in milliseconds) between a switch of the sensor from lean to rich or vice versa in response to a change in fuel/air ratio above and below stoichiometric. (5.0) A "trip" means vehicle operation (following an engine-off period) of duration and driving mode such that all components and systems are monitored at least once by the diagnostic system except catalyst efficiency or evaporative system monitoring when a steady-speed check is used, subject to the limitation that the manufacturer-defined trip monitoring conditions shall all be encountered at least once during the first engine start portion of the applicable FTP cycle. (6.0) A "warm-up cycle" means sufficient vehicle operation such that the coolant temperature has risen by at least 40 degrees Fahrenheit from engine starting and reaches a minimum temperature of at least 160 degrees Fahrenheit (140 degrees Fahrenfeit for diesel applications). (7.0) A "driving cycle" consists of engine startup, and engine shutoff. (8.0) "Continuous monitoring" means sampling at a rate no less than two samples per second. If for engine control purposes, a computer input component is sampled less frequently, the value of the component may instead be evaluated each time sampling occurs. (9.0) "Fuel trim" refers to feedback adjustments to the base fuel schedule. Short-term fuel trim refers to dynamic or instantaneous adjustments. Long-term fuel trim refers to much more gradual adjustments to the fuel calibration schedule than short-term trim adjustments. These long term adjustments compensate for vehicle differences and gradual changes that occur over time. (10.0) "Base Fuel Schedule" refers to the fuel calibration schedule programmed into the Powertrain Control Module or PROM when manufactured or when updated by some off-board source, prior to any learned on-board correction. (11.0) "Calculated load value" refers to an indication of the current airflow divided by peak airflow, where peak airflow is corrected for altitude, if available. This definition provides a unitless number that is not engine specific, and provides the service technician with an indication of the percent engine capacity that is being used (with wide open throttle as 100%). For diesel applications, the calculated load value shall be determined by the ratio of current output torque to maximum output torque at current engine speed. (12.0) "Medium-duty vehicle" is defined in title 13, section 1900(b)(9). (13.0) "Small volume manufacturer" shall mean any vehicle manufacturer with sales less than or equal to 3000 new light-duty vehicles and medium-duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1991, except as noted below. For manufacturers certifying for the first time in California, model year sales shall be based on projected California sales. If a manufacturer's average California sales exceeds 3000 units of new light-duty and medium-duty vehicles based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall no longer be treated as a small volume manufacturer and shall comply with the requirements applicable for larger manufacturers beginning with the fourth model year after the last of the three consecutive model years. If a manufacturer's average California sales falls below 3000 units of new light-duty and medium-duty vehicles based on the average number of vehicles sold for any three consecutive model years, the manufacturer shall be treated as a small volume manufacturer and shall be subject to the requirements for small volume manufacturers beginning with the next model year. (14.0) "Low Emission Vehicle" refers to a vehicle certified in California as a Transitional Low Emission Vehicle, a Low Emission Vehicle, or an Ultra Low Emission Vehicle. These vehicle categories are further defined in Title 13, sections 1956.8 and 1960.1. (15.0) "Diesel engines" refers to engines using a compression ignition thermodynamic cycle. (16.0) "Functional check" for an output component means verification of proper response to a computer command. For an input component, functional check means verification of the input signal being in the range of normal operation, including evaluation of the signal's rationality in comparison to all available information. (17.0) "Federal Test Procedure" (FTP) cycle or test refers to, for passenger vehicles, light-duty trucks, and medium-duty vehicles certified on a chassis dynamometer, the driving schedule in Code of Federal Regulations (CFR) 40, Appendix 1, Part 86, section (a) entitled, "EPA Urban Dynamometer Driving Schedule for Light-Duty Vehicles and Light-Duty Trucks." For medium-duty engines certified on an engine dynamometer, FTP cycle or test refers to the engine dynamometer schedule in CFR 40, Appendix 1, Part 86, section (f)(1), entitled, "EPA Engine Dynamometer Schedule for Heavy-Duty Otto-Cycle Engines," or section (f)(2), entitled, "EPA Engine Dynamometer Schedule for Heavy-Duty Diesel Engines." (18.0) "Redline engine speed" means the manufacturer recommended maximum engine speed as normally displayed on instrument panel tachometers, or the engine speed at which fuel shutoff occurs. (19.0) "Power Take-Off unit" refers to an engine driven output provision for the purposes of powering auxiliary equipment (e.g., a dump-truck bed, aerial bucket, or tow-truck winch). (20.0) "Engine Start" is defined as the point at which normal, synchronized spark and fuel control is obtained or when the engine reaches a speed 150 rpm below the normal, warmed-up idle speed (as determined in the drive position for vehicles equipped with an automatic transmission). (21.0) An "Alternate or Equivalent Phase-in" is one that achieves equivalent emission reductions by the end of the last year of the scheduled phase-in. The emission reductions shall be calculated by multiplying the percent of vehicles (based on the manufacturer's projected sales volume of all vehicles and engines) meeting the new requirements per year by the number of years implemented prior to and including the last year of the scheduled phase-in and then summing these yearly results to determine a cumulative total (e.g., a three year, 30/60/100 percent scheduled phase-in would be calculated as (30%*3 years) + (60%*2 years) + (100%*1 year) = 310). Manufacturers shall be allowed to include vehicles introduced before the first year of the scheduled phase-in (e.g., in the previous example, 10 percent introduced one year before the scheduled phase-in begins would be calculated as (10%*4 years) and added to the cumulative total). Any alternate phase-in which results in an equal or larger cumulative total by the end of the last year of the scheduled phase-in shall be considered acceptable by the Executive Officer; however, all vehicles shall comply with the respective requirements subject to the phase-in within one model year following the last year of the phase-in schedule. (22.0) "Unified Cycle" is defined in "Speed Versus Time Data for California's Unified Driving Cycle", dated December 12, 1996, incorporated by reference. Note: Authority cited: Sections 39515, 39600, 39601, 43006, 43013, 43018, 43104 and 44036.2, Health and Safety Code; and Sections 27156 and 38395, Vehicle Code. Reference: Sections 39002, 39003, 39667, 43000, 43004, 43006, 43008.6, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204 and 44036.2, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 1968.2. Malfunction and Diagnostic System Requirements--2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines. (a) Purpose The purpose of this regulation is to establish emission standards and other requirements for onboard diagnostic systems (OBD II systems) that are installed on 2004 and subsequent model-year passenger cars, light-duty trucks, and medium-duty vehicles and engines certified for sale in California. The OBD II systems, through the use of an onboard computer(s), shall monitor emission systems in-use for the actual life of the vehicle and shall be capable of detecting malfunctions of the monitored emission systems, illuminating a malfunction indicator light (MIL) to notify the vehicle operator of detected malfunctions, and storing fault codes identifying the detected malfunctions. (b) Applicability Except as specified elsewhere in this regulation (title 13, CCR section 1968.2), all 2004 and subsequent model-year vehicles, defined as passenger cars, light-duty trucks, and medium-duty vehicles, including medium-duty vehicles with engines certified on an engine dynamometer and medium-duty passenger vehicles, shall be equipped with an OBD II system and shall meet all applicable requirements of this regulation (title 13, CCR section 1968.2). (c) Definitions (1) "Actual life" refers to the entire period that a vehicle is operated on public roads in California up to the time a vehicle is retired from use. (2) "Alternate phase-in" is a phase-in schedule that achieves equivalent compliance volume by the end of the last year of a scheduled phase-in provided in this regulation. The compliance volume is the number calculated by multiplying the percent of vehicles (based on the manufacturer's projected sales volume of all vehicles) meeting the new requirements per year by the number of years implemented prior to and including the last year of the scheduled phase-in and then summing these yearly results to determine a cumulative total (e.g., a three year, 30/60/100 percent scheduled phase-in would be calculated as (30%*3 years) + (60%*2 years) + (100%*1 year) = 310). On phase-ins scheduled to begin prior to the 2004 model year, manufacturers are allowed to include vehicles introduced before the first year of the scheduled phase-in (e.g., in the previous example, 10 percent introduced one year before the scheduled phase-in begins would be calculated as (10%*4 years) and added to the cumulative total). However, on phase-ins scheduled to begin in 2004 or subsequent model years, manufacturers are only allowed to include vehicles introduced up to one model year before the first year of the scheduled phase-in. The Executive Officer shall consider acceptable any alternate phase-in which results in an equal or larger cumulative total by the end of the last year of the scheduled phase-in; however, all vehicles shall comply with the respective requirements subject to the phase-in within one model year following the last year of the scheduled phase-in. (3) "Base fuel schedule" refers to the fuel calibration schedule programmed into the Powertrain Control Module or PROM when manufactured or when updated by some off-board source, prior to any learned on-board correction. (4) "Calculated load value" refers to an indication of the percent engine capacity that is being used and is defined in Society of Automotive Engineers (SAE) J1979 "E/E Diagnostic Test Modes - Equivalent to ISO/DIS 15031-5:April 30, 2002", April 2002 (SAE J1979), incorporated by reference (section (f)(1.9) [FN1]). For diesel applications, the calculated load value is determined by the ratio of current output torque to maximum output torque at current engine speed. (5) "Confirmed fault code" is defined as the diagnostic trouble code stored when an OBD II system has confirmed that a malfunction exists (e.g., typically on the second driving cycle that the malfunction is detected) in accordance with the requirements of sections (e) and (f)(4.4). (6) "Continuously," if used in the context of monitoring conditions for circuit continuity, lack of circuit continuity, circuit faults, and out-of-range values, means sampling at a rate no less than two samples per second. If for engine control purposes, a computer input component is sampled less frequently, the signal of the component may instead be evaluated each time sampling occurs. (7) "Deactivate" means to turn-off, shutdown, desensitize, or otherwise make inoperable through software programming or other means during the actual life of the vehicle. (8) "Diagnostic or emission critical" electronic powertrain control unit refers to the engine and transmission control unit(s). For the 2005 and subsequent model years, it also includes any other on-board electronic powertrain control unit containing software that has primary control over any of the monitors required by sections (e)(1.0) through (e)(15.0) and (e)(17.0) or has primary control over the diagnostics for more than two of the components required to be monitored by section (e)(16.0). (9) "Diesel engines" refers to engines using a compression ignition thermodynamic cycle. (10) "Driving cycle" consists of engine startup and engine shutoff and includes the period of engine off time up to the next engine startup. For vehicles that employ engine shutoff strategies (e.g., engine shutoff at idle), the manufacturer may request Executive Officer approval to use an alternate definition for driving cycle (e.g., key on and key off). Executive Officer approval of the alternate definition shall be based on equivalence to engine startup and engine shutoff signaling the beginning and ending of a single driving event for a conventional vehicle. Engine restarts following an engine shut-off that has been neither commanded by the vehicle operator nor by the engine control strategy but caused by an event such as an engine stall may be considered a new driving cycle or a continuation of the existing driving cycle. (11) "Engine misfire" means lack of combustion in the cylinder due to absence of spark, poor fuel metering, poor compression, or any other cause. This does not include lack of combustion events in non-active cylinders due to default fuel shut-off or cylinder deactivation strategies. (12) "Engine start" is defined as the point when the engine reaches a speed 150 rpm below the normal, warmed-up idle speed (as determined in the drive position for vehicles equipped with an automatic transmission). For hybrid vehicles or for engines employing alternate engine start hardware or strategies (e.g., integrated starter and generators, etc.), the manufacturer may request Executive Officer approval to use an alternate definition for engine start (e.g., ignition key "on"). Executive Officer approval of the alternate definition shall be based on equivalence to an engine start for a conventional vehicle. (13) "Fault memory" means information pertaining to malfunctions stored in the onboard computer, including fault codes, stored engine conditions, and MIL status. (14) "Federal Test Procedure (FTP) test" refers to an exhaust emission test conducted according to the test procedures incorporated by reference in title 13, CCR section 1961(d) that is used to determine compliance with the FTP standard to which a vehicle is certified. (14.1) "FTP cycle". For passenger vehicles, light-duty trucks, and medium-duty vehicles certified on a chassis dynamometer, FTP cycle refers to the driving schedule in Code of Federal Regulations (CFR) 40, Appendix 1, Part 86, section (a) entitled, "EPA Urban Dynamometer Driving Schedule for Light-Duty Vehicles and Light-Duty Trucks." For medium-duty engines certified on an engine dynamometer, FTP cycle refers to the engine dynamometer schedule in CFR 40, Appendix 1, Part 86, section (f)(1), entitled, "EPA Engine Dynamometer Schedule for Heavy-Duty Otto-Cycle Engines," or section (f)(2), entitled, "EPA Engine Dynamometer Schedule for Heavy-Duty Diesel Engines." (14.2) "FTP standard" refers to the certification tailpipe exhaust emission standards (both 50,000 mile and FTP full useful life standards) and test procedures applicable to the class to which the vehicle is certified. (14.3) "FTP full useful life standard" refers to the FTP standard applicable when the vehicle reaches the end of its full useful life as defined in the certification requirements and test procedures incorporated by reference in title 13, CCR section 1961(d). (15) "Fuel trim" refers to feedback adjustments to the base fuel schedule. Short-term fuel trim refers to dynamic or instantaneous adjustments. Long-term fuel trim refers to much more gradual adjustments to the fuel calibration schedule than short-term trim adjustments. (16) "Functional check" for an output component or system means verification of proper response of the component and system to a computer command. (17) "Key on, engine off position" refers to a vehicle with the ignition key in the engine run position (not engine crank or accessory position) but with the engine not running. (18) "Light-duty truck" is defined in title 13, CCR section 1900 (b). (19) "Low Emission Vehicle I application" refers to a vehicle or engine certified in California to the exhaust emission standards defined in title 13, CCR sections 1956.8(g), 1960.1(g)(1), and 1960.1(h)(1) for any of the following vehicle emission categories: Transitional Low Emission Vehicle (TLEV), Low Emission Vehicle (LEV), Ultra Low Emission Vehicle (ULEV), or Super Ultra Low Emission Vehicle (SULEV). Additionally, vehicles certified to Federal emission standards (bins) in California but categorized in a Low Emission Vehicle I vehicle emission category for purposes of calculating NMOG fleet average in accordance with the certification requirements and test procedures incorporated by reference in title 13, CCR section 1961 (d) are subject to all monitoring requirements applicable to Low Emission Vehicle I applications but shall use the Federal tailpipe emission standard (i.e., the Federal bin) for purposes of determining the malfunction thresholds in section (e). (19.1) "MDV SULEV vehicles" refer only to medium-duty Low Emission Vehicle I applications certified to the SULEV vehicle emission category. (19.2) "TLEV vehicles" refer only to Low Emission Vehicle I applications certified to the TLEV vehicle emission category. (19.3) "LEV vehicles" refer only to Low Emission Vehicle I applications certified to the LEV vehicle emission category. (19.4) "ULEV vehicles" refer only to Low Emission Vehicle I applications certified to the ULEV vehicle emission category. (20) "Low Emission Vehicle II application" refers to a vehicle or engine certified in California to the exhaust emission standards defined in title 13, CCR section 1961 for any of the following vehicle emission categories: LEV, ULEV, or SULEV. Additionally, except as provided for in section (e)(18.1.3), vehicles certified to Federal emission standards (bins) in California but categorized in a Low Emission Vehicle II vehicle emission category for purposes of calculating NMOG fleet average in accordance with the certification requirements and test procedures incorporated by reference in title 13, CCR section 1961 (d) are subject to all monitoring requirements applicable to Low Emission Vehicle II applications but shall use the Federal tailpipe emission standard (i.e., the Federal bin) for purposes of determining the malfunction thresholds in section (e). (20.1) "PC/LDT SULEV II vehicles" refer only to passenger car and light-duty truck Low Emission Vehicle II applications certified to the SULEV vehicle emission category. (20.2) "MDV SULEV II vehicles" refer only to medium-duty Low Emission Vehicle II applications certified to the SULEV vehicle emission category. (20.3) "LEV II vehicles" refer only to Low Emission Vehicle II applications certified to the LEV vehicle emission category. (20.4) "ULEV II vehicles" refer only to Low Emission Vehicle II applications certified to the ULEV vehicle emission category. (21) "Malfunction" means any deterioration or failure of a component that causes the performance to be outside of the applicable limits in section (e). (22) "Medium-duty vehicle" is defined in title 13, CCR section 1900 (b). (22.1) "Medium-duty passenger vehicle" is defined in Title 40, Section 86.1803-01, Code of Federal Regulations. (23) "Normal production" is the time after the start of production when the manufacturer has produced 2% of the projected volume for the test group or calibration, whichever is being evaluated in accordance with section (j). (24) "Passenger car" is defined in title 13, CCR section 1900 (b). (25) "Pending fault code" is defined as the diagnostic trouble code stored upon the initial detection of a malfunction (e.g., typically on a single driving cycle) prior to illumination of the MIL in accordance with the requirements of section (e) and (f)(4.4). (26) "Percentage of misfire" as used in (e)(3.2) means the percentage of misfires out of the total number of firing events for the specified interval. (27) "Power Take-Off (PTO) unit" refers to an engine driven output provision for the purposes of powering auxiliary equipment (e.g., a dump-truck bed, aerial bucket, or tow-truck winch). (28) "Rationality fault diagnostic" for an input component means verification of the accuracy of the input signal while in the range of normal operation and when compared to all other available information. (29) "Redline engine speed" shall be defined by the manufacturer as either the recommended maximum engine speed as normally displayed on instrument panel tachometers or the engine speed at which fuel shutoff occurs. (30) "Response rate" for oxygen sensors refers to the delay between a switch of the sensor from lean to rich or vice versa in response to a commanded change in air/fuel ratio. Specifically, the response rate is the delay from the time when the oxygen sensor is exposed to a change in exhaust gas from richer/leaner than stoichiometric to leaner/richer than stoichiometric to the time when the oxygen sensor indicates the lean/rich condition. (31) "SC03 emission standards" refers to the certification tailpipe exhaust emission standards for the air conditioning (A/C) test of the Supplemental Federal Test Procedure Off-Cycle Emission Standards specified in title 13, CCR section 1961(a) applicable to the class to which the vehicle is certified. (32) "Secondary air" refers to air introduced into the exhaust system by means of a pump or aspirator valve or other means that is intended to aid in the oxidation of HC and CO contained in the exhaust gas stream. (33) "Similar conditions" as used in sections (e)(3) and (e)(6) means engine conditions having an engine speed within 375 rpm, load conditions within 20 percent, and the same warm-up status (i.e., cold or hot) as the engine conditions stored pursuant to (e)(3.4.4) and (e)(6.4.5). The Executive Officer may approve other definitions of similar conditions based on comparable timeliness and reliability in detecting similar engine operation. (34) "Small volume manufacturer" is defined in title 13, CCR section 1900(b). However, for a manufacturer that transitions from a small volume manufacturer to a non-small volume manufacturer, the manufacturer is still considered a small volume manufacturer for the first three model years that it no longer meets the definition in title 13, CCR section 1900(b). (35) "Unified cycle" is defined in "Speed Versus Time Data for California's Unified Driving Cycle", dated December 12, 1996, incorporated by reference. (36) "US06 cycle" refers to the driving schedule in CFR 40, Appendix 1, Part 86, section (g) entitled, "EPA US06 Driving Schedule for Light-Duty Vehicles and Light-Duty Trucks." (37) "Warm-up cycle" means sufficient vehicle operation such that the coolant temperature has risen by at least 40 degrees Fahrenheit from engine starting and reaches a minimum temperature of at least 160 degrees Fahrenheit (140 degrees Fahrenheit for applications with diesel engines). (d) General Requirements Section (d) sets forth the general requirements of the OBD II system. Specific performance requirements for components and systems that shall be monitored are set forth in section (e) below. (1) The OBD II System. (1.1) If a malfunction is present as specified in section (e), the OBD II system shall detect the malfunction, store a pending or confirmed fault code in the onboard computer's memory, and illuminate the MIL as required. (1.2) The OBD II system shall be equipped with a standardized data link connector to provide access to the stored fault codes as specified in section (f). (1.3) The OBD II system shall be designed to operate, without any required scheduled maintenance, for the actual life of the vehicle in which it is installed and may not be programmed or otherwise designed to deactivate based on age and/or mileage of the vehicle during the actual life of the vehicle. This section is not intended to alter existing law and enforcement practice regarding a manufacturer's liability for a vehicle beyond its useful life, except where a vehicle has been programmed or otherwise designed so that an OBD II system deactivates based on age and/or mileage of the vehicle. (1.4) Computer-coded engine operating parameters may not be changeable without the use of specialized tools and procedures (e.g. soldered or potted computer components or sealed (or soldered) computer enclosures). Subject to Executive Officer approval, manufacturers may exempt from this requirement those product lines that are unlikely to require protection. Criteria to be evaluated in making an exemption include current availability of performance chips, high performance capability of the vehicle, and sales volume. (2) MIL and Fault Code Requirements. (2.1) MIL Specifications. (2.1.1) The MIL shall be located on the driver's side instrument panel and be of sufficient illumination and location to be readily visible under all lighting conditions and shall be amber in color when illuminated. The MIL, when illuminated, shall display the phrase "Check Engine" or "Service Engine Soon". The word "Powertrain" may be substituted for "Engine" in the previous phrases. Alternatively, the International Standards Organization (ISO) engine symbol may be substituted for the word "Engine" or for the entire phrase. (2.1.2) The MIL shall illuminate in the key on, engine off position before engine cranking to indicate that the MIL is functional. For all 2005 and subsequent model year vehicles, the MIL shall continuously illuminate during this functional check for a minimum of 15-20 seconds. During this functional check of the MIL, the data stream value for MIL status shall indicate commanded off (see section (f)(4.2)) unless the MIL has also been commanded on for a detected malfunction. This functional check of the MIL is not required during vehicle operation in the key on, engine off position subsequent to the initial engine cranking of each driving cycle (e.g., due to an engine stall or other non-commanded engine shutoff). (2.1.3) The MIL shall also illuminate within 10 seconds to inform the vehicle operator whenever the powertrain enters a default or "limp home" mode of operation that can affect emissions or the performance of the OBD II system or in the event of a malfunction of an on-board computer(s) itself that can affect the performance of the OBD II system. If the default or "limp home" mode of operation is recoverable (i.e., operation automatically returns to normal at the beginning of the following driving cycle), the OBD II system may wait and illuminate the MIL only if the default or "limp home" mode of operation is again entered before the end of the next driving cycle in lieu of illuminating the MIL within 10 seconds on the first driving cycle where the default or "limp home" mode of operation is entered. (2.1.4) At the manufacturer's option, the MIL may be used to indicate readiness status in a standardized format (see section (f)(4.1.3)) in the key on, engine off position. (2.1.5) A manufacturer may request Executive Officer approval to also use the MIL to indicate which, if any, fault codes are currently stored (e.g., to "blink" the stored codes). The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated that the method used to indicate the fault codes will not be activated during a California Inspection and Maintenance test or during routine driver operation. (2.1.6) The MIL may not be used for any purpose other than specified in this regulation. (2.2) MIL Illumination and Fault Code Storage Protocol. (2.2.1) Upon detection of a malfunction, the OBD system shall store a pending fault code within ten seconds indicating the likely area of the malfunction. (2.2.2) After storage of a pending fault code, if the identified malfunction is again detected before the end of the next driving cycle in which monitoring occurs, the MIL shall illuminate continuously and a confirmed fault code shall be stored within 10 seconds. If a malfunction is not detected before the end of the next driving cycle in which monitoring occurs (i.e., there is no indication of the malfunction at any time during the driving cycle), the corresponding pending fault code set according to section (d)(2.2.1) shall be erased at the end of the driving cycle. (2.2.3) A manufacturer may request Executive Officer approval to employ alternate statistical MIL illumination and fault code storage protocols to those specified in these requirements. The Executive Officer shall grant approval upon determining that the manufacturer has provided data and/or engineering evaluation that demonstrate that the alternative protocols can evaluate system performance and detect malfunctions in a manner that is equally effective and timely. Except as otherwise provided in section (e) for evaporative system malfunctions, strategies requiring on average more than six driving cycles for MIL illumination may not be accepted. (2.2.4) A manufacturer shall store and erase "freeze frame" conditions (as defined in section (f)(4.3)) present at the time a malfunction is detected. A manufacturer shall store and erase freeze frame conditions in conjunction with storage and erasure of either pending or confirmed fault codes as required elsewhere in section (d)(2.2). (2.3) Extinguishing the MIL. Except as otherwise provided in sections (e)(3.4.5), (e)(4.4.2), and (e)(6.4.6) for misfire, evaporative system, and fuel system malfunctions, once the MIL has been illuminated it may be extinguished after three subsequent sequential driving cycles during which the monitoring system responsible for illuminating the MIL functions and the previously detected malfunction is no longer present provided no other malfunction has been detected that would independently illuminate the MIL according to the requirements outlined above. (2.4) Erasing a confirmed fault code. The OBD II system may erase a confirmed fault code if the identified malfunction has not been again detected in at least 40 engine warm-up cycles, and the MIL is presently not illuminated for that malfunction. (2.5) Exceptions to MIL and Fault Code Requirements. For 2004 model year vehicles only, wherever the requirements of section (d)(2) reflect a substantive change from the MIL and fault code requirements of title 13, CCR section 1968.1 for 2003 model year vehicles, the manufacturer may request Executive Officer approval to continue to use the requirements of section 1968.1 in lieu of the requirements of section (d)(2). The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or engineering evaluation which demonstrate that software or hardware changes would be required to comply with the requirements of section (d)(2) and that the system complies with the MIL and fault code requirements of title 13, CCR section 1968.1. (3) Monitoring Conditions. Section (d)(3) sets forth the general monitoring requirements while section (e) sets forth the specific monitoring requirements as well as identifies which of the following general monitoring requirements in section (d)(3) are applicable for each monitored component or system identified in section (e). (3.1) For all 2004 and subsequent model year vehicles: (3.1.1) As specifically provided for in section (e), manufacturers shall define monitoring conditions, subject to Executive Officer approval, for detecting malfunctions identified in section (e). The Executive Officer shall approve manufacturer defined monitoring conditions that are determined (based on manufacturer submitted data and/or other engineering documentation) to be: technically necessary to ensure robust detection of malfunctions (e.g., avoid false passes and false indications of malfunctions), designed to ensure monitoring will occur under conditions which may reasonably be expected to be encountered in normal urban vehicle operation and use, and designed to ensure monitoring will occur during the FTP cycle or Unified cycle. (3.1.2) Monitoring shall occur at least once per driving cycle in which the monitoring conditions are met. (3.1.3) Manufacturers may request Executive Officer approval to define monitoring conditions that are not encountered during the FTP cycle or Unified cycle as required in section (d)(3.1.1). In evaluating the manufacturer's request, the Executive Officer shall consider the degree to which the requirement to run during the FTP or Unified cycle restricts in-use monitoring, the technical necessity for defining monitoring conditions that are not encountered during the FTP or Unified cycle, data and/or an engineering evaluation submitted by the manufacturer which demonstrate that the component/system does not normally function, or monitoring is otherwise not feasible, during the FTP or Unified cycle, and, where applicable in section (d)(3.2), the ability of the manufacturer to demonstrate the monitoring conditions will satisfy the minimum acceptable in-use monitor performance ratio requirement as defined in section (d)(3.2). (3.2) As specifically provided for in section (e), manufacturers shall define monitoring conditions in accordance with the criteria in sections (d)(3.2.1) through (3.2.3). The requirements of section (d)(3.2) shall be phased in as follows: 30 percent of all 2005 model year vehicles, 60 percent of all 2006 model year vehicles, and 100 percent of all 2007 and subsequent model year vehicles. Manufacturers may use an alternate phase-in schedule in lieu of the required phase-in schedule if the alternate phase-in schedule provides for equivalent compliance volume as defined in section (c) with the exception that 100 percent of 2007 and subsequent model year vehicles shall comply with the requirements. Small volume manufacturers shall meet the requirements on 100 percent of 2007 and subsequent model year vehicles but shall not be required to meet the specific phase-in requirements for the 2005 and 2006 model years. (3.2.1) Manufacturers shall define monitoring conditions that, in addition to meeting the criteria in section (d)(3.1), ensure that the monitor yields an in-use performance ratio (as defined in section (d)(4)) that meets or exceeds the minimum acceptable in-use monitor performance ratio on in-use vehicles. For purposes of this regulation, except as provided below in section (d)(3.2.1)(D), the minimum acceptable in-use monitor performance ratio is: (A) 0.260 for secondary air system monitors and other cold start related monitors utilizing a denominator incremented in accordance with section (d)(4.3.2)(E); (B) For evaporative system monitors: (i) 0.260 for monitors designed to detect malfunctions identified in section (e)(4.2.2)(C) (i.e., 0.020 inch leak detection); and (ii) 0.520 for monitors designed to detect malfunctions identified in section (e)(4.2.2)(A) and (B) (i.e., purge flow and 0.040 inch leak detection); (C) 0.336 for catalyst, oxygen sensor, EGR, VVT system, and all other monitors specifically required in section (e) to meet the monitoring condition requirements of section (d)(3.2); and (D) through the 2007 model year, for the first two years a vehicle is certified to the in-use performance ratio monitoring requirements of section (d)(3.2), 0.100 for all monitors specified in section (d)(3.2.1)(A) through (C) above. For example, the 0.100 ratio shall apply to the 2004 and 2005 model years for vehicles first certified in the 2004 model year and to the 2007 and 2008 model years for vehicles first certified in the 2007 model year. (3.2.2) In addition to meeting the requirements of section (d)(3.2.1), manufacturers shall implement software algorithms in the OBD II system to individually track and report in-use performance of the following monitors in the standardized format specified in section (d)(5): a. Catalyst (section (e)(1.3) or, where applicable, (e)(1.5.3)); b. Oxygen sensor (section (e)(7.3.1)(A)); c. Evaporative system (section (e)(4.3.2)); d. EGR system (section (e)(8.3.1)) and VVT system (section (e)(13.3)); and e. Secondary air system (section (e)(5.3.2)(B)). The OBD II system is not required to track and report in-use performance for monitors other than those specifically identified above. (3.2.3) Manufacturers may not use the calculated ratio (or any element thereof) or any other indication of monitor frequency as a monitoring condition for any monitor (e.g., using a low ratio to enable more frequent monitoring through diagnostic executive priority or modification of other monitoring conditions, or using a high ratio to enable less frequent monitoring). (4) In-Use Monitor Performance Ratio Definition. (4.1) For monitors required to meet the minimum in-use monitor performance ratio in section (d)(3.2.1), the ratio shall be calculated in accordance with the following specifications for the numerator, denominator, and ratio. (4.2) Numerator Specifications (4.2.1) Definition: The numerator is defined as a measure of the number of times a vehicle has been operated such that all monitoring conditions necessary for a specific monitor to detect a malfunction have been encountered. (4.2.2) Specifications for incrementing: (A) Except as provided for in section (d)(4.2.2)(E), the numerator, when incremented, shall be incremented by an integer of one. The numerator may not be incremented more than once per driving cycle. (B) The numerator for a specific monitor shall be incremented within ten seconds if and only if the following criteria are satisfied on a single driving cycle: (i) Every monitoring condition necessary for the monitor of the specific component to detect a malfunction and store a pending fault code has been satisfied, including enable criteria, presence or absence of related fault codes, sufficient length of monitoring time, and diagnostic executive priority assignments (e.g., diagnostic "A" must execute prior to diagnostic "B", etc.). For the purpose of incrementing the numerator, satisfying all the monitoring conditions necessary for a monitor to determine the component is passing may not, by itself, be sufficient to meet this criteria; (ii) For monitors that require multiple stages or events in a single driving cycle to detect a malfunction, every monitoring condition necessary for all events to have completed must be satisfied; (iii) For monitors that require intrusive operation of components to detect a malfunction, a manufacturer shall request Executive Officer approval of the strategy used to determine that, had a malfunction been present, the monitor would have detected the malfunction. Executive Officer approval of the request shall be based on the equivalence of the strategy to actual intrusive operation and the ability of the strategy to accurately determine if every monitoring condition necessary for the intrusive event to occur was satisfied. (iv) In addition to the requirements of section (d)(4.2.2)(B)(i) through (iii) above, the secondary air system monitor numerator(s) shall be incremented if and only if the criteria in section (B) above have been satisfied during normal operation of the secondary air system for vehicles that require monitoring during normal operation (sections (e)(5.2.2) through (5.2.4)). Monitoring during intrusive operation of the secondary air system later in the same driving cycle solely for the purpose of monitoring may not, by itself, be sufficient to meet this criteria. (C) For monitors that can generate results in a "gray zone" or "non-detection zone" (i.e., results that indicate neither a passing system nor a malfunctioning system) or in a "non-decision zone" (e.g., monitors that increment and decrement counters until a pass or fail threshold is reached), the manufacturer shall submit a plan for appropriate incrementing of the numerator to the Executive Officer for review and approval. In general, the Executive Officer shall not approve plans that allow the numerator to be incremented when the monitor indicates a result in the "non-detection zone" or prior to the monitor reaching a decision. In reviewing the plan for approval, the Executive Officer shall consider data and/or engineering evaluation submitted by the manufacturer demonstrating the expected frequency of results in the "non-detection zone" and the ability of the monitor to accurately determine if a monitor would have detected a malfunction instead of a result in the "non-detection zone" had an actual malfunction been present. (D) For monitors that run or complete during engine off operation, the numerator shall be incremented within 10 seconds after the monitor has completed during engine off operation or during the first 10 seconds of engine start on the subsequent driving cycle. (E) Manufacturers utilizing alternate statistical MIL illumination protocols as allowed in section (d)(2.2.3) for any of the monitors requiring a numerator shall submit a plan for appropriate incrementing of the numerator to the Executive Officer for review and approval. Executive Officer approval of the plan shall be conditioned upon the manufacturer providing supporting data and/or engineering evaluation for the proposed plan, the equivalence of the incrementing in the manufacturer's plan to the incrementing specified in section (d)(4.2.2) for monitors using the standard MIL illumination protocol, and the overall equivalence of the manufacturer's plan in determining that the minimum acceptable in-use performance ratio in section (d)(3.2.1) is satisfied. (4.3) Denominator Specifications (4.3.1) Definition: The denominator is defined as a measure of the number of times a vehicle has been operated as defined in (d)(4.3.2). (4.3.2) Specifications for incrementing: (A) The denominator, when incremented, shall be incremented by an integer of one. The denominator may not be incremented more than once per driving cycle. (B) The denominator for each monitor shall be incremented within ten seconds if and only if the following criteria are satisfied on a single driving cycle: (i) Cumulative time since engine start is greater than or equal to 600 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; (ii) Cumulative vehicle operation at or above 25 miles per hour occurs for greater than or equal to 300 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; (iii) Continuous vehicle operation at idle (i.e., accelerator pedal released by driver and vehicle speed less than or equal to one mile per hour) for greater than or equal to 30 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; (C) In addition to the requirements of section (d)(4.3.2)(B) above, the secondary air system monitor denominator(s) shall be incremented if and only if commanded "on" operation of the secondary air system occurs for a time greater than or equal to ten seconds. For purposes of determining this commanded "on" time, the OBD II system may not include time during intrusive operation of the secondary air system solely for the purposes of monitoring; (D) In addition to the requirements of section (d)(4.3.2)(B) above, the evaporative system monitor denominator(s) shall be incremented if and only if: (i) Cumulative time since engine start is greater than or equal to 600 seconds while at an ambient temperature of greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit; (ii) Engine cold start occurs with engine coolant temperature at engine start greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit and less than or equal to 12 degrees Fahrenheit higher than ambient temperature at engine start. (E) In addition to the requirements of section (d)(4.3.2)(B) above, the denominator(s) for the following monitors shall be incremented if and only if the component or strategy is commanded "on" for a time greater than or equal to ten seconds: (i) Heated catalyst (section (e)(2)) (ii) Cold Start Emission Reduction Strategy (section (e)(11)) (iii) Components or systems that operate only at engine start-up (e.g., glow plugs, intake air heaters, etc.) and are subject to monitoring under "other emission control or source devices" (section (e)(17)) or comprehensive component output components (section (e)(16)) For purposes of determining this commanded "on" time, the OBD II system may not include time during intrusive operation of any of the components or strategies later in the same driving cycle solely for the purposes of monitoring. (F) In addition to the requirements of section (d)(4.3.2)(B) above, the denominator(s) for the following monitors of output components (except those operated only at engine start-up and subject to the requirements of the previous section (d)(4.3.2)(E)) shall be incremented if and only if the component is commanded to function (e.g., commanded "on", "open", "closed", "locked", etc.) on two or more occasions during the driving cycle or for a time greater than or equal to ten seconds, whichever occurs first: (i) Air conditioning system (section (e)(12)) (ii) Variable valve timing and/or control system (section (e)(13)) (iii) "Other emission control or source device" (section (e)(17)) (iv) Comprehensive component output component (section (e)(16)) (e.g., turbocharger waste-gates, variable length manifold runners, torque converter clutch lock-up solenoids, etc.) (G) For monitors of the following components, the manufacturer may request Executive Officer approval to use alternate or additional criteria to that set forth in section (d)(4.3.2)(B) above for incrementing the denominator. Executive Officer approval of the proposed criteria shall be based on the equivalence of the proposed criteria in measuring the frequency of monitor operation relative to the amount of vehicle operation in accordance with the criteria in section (d)(4.3.2)(B) above: (i) Engine cooling system input components (section (e)(10)) (ii) Air conditioning system input components (section (e)(12)) (iii) Direct ozone reduction systems (section (e)(14)) (iv) Particulate matter traps (section (e)(15)) (v) "Other emission control or source devices" (section (e)(17)) (vi) Comprehensive component input components that require extended monitoring evaluation (section (e)(16)) (e.g., stuck fuel level sensor rationality) (H) For hybrid vehicles, vehicles that employ alternate engine start hardware or strategies (e.g., integrated starter and generators), or alternate fuel vehicles (e.g., dedicated, bi-fuel, or dual-fuel applications), the manufacturer may request Executive Officer approval to use alternate criteria to that set forth in section (d)(4.3.2)(B) above for incrementing the denominator. In general, the Executive Officer shall not approve alternate criteria for vehicles that only employ engine shut off at or near idle/vehicle stop conditions. Executive Officer approval of the alternate criteria shall be based on the equivalence of the alternate criteria to determine the amount of vehicle operation relative to the measure of conventional vehicle operation in accordance with the criteria in section (d)(4.3.2)(B) above. (4.4) Ratio Specifications (4.4.1) Definition: The ratio is defined as the numerator divided by the denominator. (4.5) Disablement of Numerators and Denominators (4.5.1) Within ten seconds of a malfunction that disables a monitor required to meet the monitoring conditions in section (d)(3.2.1) being detected (i.e., a pending or confirmed code is stored), the OBD II system shall disable further incrementing of the corresponding numerator and denominator for each monitor that is disabled. When the malfunction is no longer detected (i.e., the pending code is erased through self-clearing or through a scan tool command), incrementing of all corresponding numerators and denominators shall resume within ten seconds. (4.5.2) Within ten seconds of the start of a PTO (see section (c)) operation that disables a monitor required to meet the monitoring conditions in section (d)(3.2.1), the OBD II system shall disable further incrementing of the corresponding numerator and denominator for each monitor that is disabled. When the PTO operation ends, incrementing of all corresponding numerators and denominators shall resume within ten seconds. (4.5.3) The OBD II system shall disable further incrementing of all numerators and denominators within ten seconds if a malfunction of any component used to determine if the criteria in sections (d)(4.3.2)(B) through (D) are satisfied (i.e., vehicle speed, ambient temperature, elevation, idle operation, engine cold start, or time of operation) has been detected and the corresponding pending fault code has been stored. Incrementing of all numerators and denominators shall resume within ten seconds when the malfunction is no longer present (e.g., pending code erased through self-clearing or by a scan tool command). (5) Standardized tracking and reporting of monitor performance. (5.1) For monitors required to track and report in-use monitor performance in section (d)(3.2.2), the performance data shall be tracked and reported in accordance with the specifications in sections (d)(4), (d)(5), and (f)(5). The OBD II system shall separately report an in-use monitor performance numerator and denominator for each of the following components: catalyst bank 1, catalyst bank 2, primary oxygen sensor bank 1, primary oxygen sensor bank 2, evaporative 0.020 inch leak detection system, EGR/VVT system, and secondary air system. The OBD II system shall also report a general denominator and an ignition cycle counter in the standardized format specified in sections (d)(5.5), (d)(5.6) and (f)(5). (5.2) Numerator (5.2.1) The OBD II system shall report a separate numerator for each of the components listed in section (d)(5.1). (5.2.2) For specific components or systems that have multiple monitors that are required to be reported under section (e) (e.g., oxygen sensor bank 1 may have multiple monitors for sensor response or other sensor characteristics), the OBD II system shall separately track numerators and denominators for each of the specific monitors and report only the corresponding numerator and denominator for the specific monitor that has the lowest numerical ratio. If two or more specific monitors have identical ratios, the corresponding numerator and denominator for the specific monitor that has the highest denominator shall be reported for the specific component. (5.2.3) The numerator(s) shall be reported in accordance with the specifications in section (f)(5.2.1). (5.3) Denominator (5.3.1) The OBD II system shall report a separate denominator for each of the components listed in section (d)(5.1). (5.3.2) The denominator(s) shall be reported in accordance with the specifications in section (f)(5.2.1). (5.4) Ratio (5.4.1) For purposes of determining which corresponding numerator and denominator to report as required in section (d)(5.2.2), the ratio shall be calculated in accordance with the specifications in section (f)(5.2.2). (5.5) Ignition cycle counter (5.5.1) Definition: (A) The ignition cycle counter is defined as a counter that indicates the number of ignition cycles a vehicle has experienced as defined in section (d)(5.5.2)(B). (B) The ignition cycle counter shall be reported in accordance with the specifications in section (f)(5.2.1). (5.5.2) Specifications for incrementing: (A) The ignition cycle counter, when incremented, shall be incremented by an integer of one. The ignition cycle counter may not be incremented more than once per driving cycle. (B) The ignition cycle counter shall be incremented within ten seconds if and only if the vehicle meets the engine start definition (see section (c)) for at least two seconds plus or minus one second. (C) The OBD II system shall disable further incrementing of the ignition cycle counter within ten seconds if a malfunction of any component used to determine if the criteria in section (d)(5.5.2)(B) are satisfied (i.e., engine speed or time of operation) has been detected and the corresponding pending fault code has been stored. The ignition cycle counter may not be disabled from incrementing for any other condition. Incrementing of the ignition cycle counter shall resume within ten seconds when the malfunction is no longer present (e.g., pending code erased through self-clearing or by a scan tool command). (5.6) General Denominator (5.6.1) Definition: (A) The general denominator is defined as a measure of the number of times a vehicle has been operated as defined in section (d)(5.6.2)(B). (B) The general denominator shall be reported in accordance with the specifications in section (f)(5.2.1). (5.6.2) Specifications for incrementing: (A) The general denominator, when incremented, shall be incremented by an integer of one. The general denominator may not be incremented more than once per driving cycle. (B) The general denominator shall be incremented within ten seconds if and only if the criteria identified in section (d)(4.3.2)(B) are satisfied on a single driving cycle. (C) The OBD II system shall disable further incrementing of the general denominator within ten seconds if a malfunction of any component used to determine if the criteria in section (d)(4.3.2)(B) are satisfied (i.e., vehicle speed, ambient temperature, elevation, idle operation, or time of operation) has been detected and the corresponding pending fault code has been stored. The general denominator may not be disabled from incrementing for any other condition (e.g., the disablement criteria in sections (d)(4.5.1) and (d)(4.5.2) may not disable the general denominator). Incrementing of the general denominator shall resume within ten seconds when the malfunction is no longer present (e.g., pending code erased through self-clearing or by a scan tool command). (6) Enforcement Testing. (6.1) The procedures used to assure compliance with the requirements of title 13, CCR section 1968.2 are set forth in title 13, CCR section 1968.5. (6.2) Consistent with the requirements of title 13, CCR section 1968.5(b)(4)(A) for enforcement OBD II emission testing, the manufacturer shall make available upon request by the Executive Officer all test equipment (e.g., malfunction simulators, deteriorated "threshold" components, etc.) necessary to determine the malfunction criteria in section (e) for major monitors subject to OBD II emission testing as defined in title 13, CCR section 1968.5. To meet the requirements of this section, the manufacturers shall only be required to make available test equipment necessary to duplicate "threshold" testing performed by the manufacturer. This test equipment shall include, but is not limited to, aged "threshold" catalyst systems and computer equipment used to simulate misfire, oxygen sensor, fuel system, VVT system, and cold start reduction strategy system faults. The manufacturer is not required to make available test equipment for vehicles that exceed the applicable full useful life age (e.g., 10 years for vehicles certified to a full useful life of 10 years and 100,000 miles). (e) Monitoring Requirements (1) Catalyst Monitoring (1.1) Requirement: The OBD II system shall monitor the catalyst system for proper conversion capability. (1.2) Malfunction Criteria: (1.2.1) Low Emission Vehicle I applications: The OBD II system shall detect a catalyst system malfunction when the catalyst system's conversion capability decreases to the point that either of the following occurs: (A) Non-Methane Organic Gas (NMOG) emissions exceed 1.75 times the FTP full useful life standards to which the vehicle has been certified with NMOG emissions multiplied by the certification reactivity adjustment factor for the vehicle; (B) The average FTP test Non-Methane Hydrocarbon (NMHC) conversion efficiency of the monitored portion of the catalyst system falls below 50 percent (i.e., the cumulative NMHC emissions measured at the outlet of the monitored catalyst(s) are more than 50 percent of the cumulative engine-out emissions measured at the inlet of the catalyst(s)). With Executive Officer approval, manufacturers may use a conversion efficiency malfunction criteria of less than 50 percent if the catalyst system is designed such that the monitored portion of the catalyst system must be replaced along with an adjacent portion of the catalyst system sufficient to ensure that the total portion replaced will meet the 50 percent conversion efficiency criteria. Executive Officer approval shall be based on data and/or engineering evaluation demonstrating the conversion efficiency of the monitored portion and the total portion designed to be replaced, and the likelihood of the catalyst system design to ensure replacement of the monitored and adjacent portions of the catalyst system. (1.2.2) Low Emission Vehicle II applications: (A) 2004 model year vehicles. (i) All LEV II, ULEV II, and MDV SULEV II vehicles shall use the malfunction criteria specified for Low Emission Vehicle I applications in section (e)(1.2.1). (ii) All PC/LDT SULEV II vehicles shall use the malfunction criteria specified for Low Emission Vehicle I applications in section (e)(1.2.1) except the malfunction criterion in paragraph (e)(1.2.1)(A) shall be 2.5 times the applicable FTP full useful life NMOG standard. (B) Except as provided below in section (e)(1.2.4), for 2005 and 2006 model years, the OBD II system shall detect a catalyst system malfunction when the catalyst system's conversion capability decreases to the point that any of the following occurs: (i) For LEV II, ULEV II, and MDV SULEV II vehicles. a. NMOG emissions exceed the criteria specified for Low Emission Vehicle I applications in section (e)(1.2.1)(A). b. The average FTP test NMHC conversion efficiency is below the criteria specified for Low Emission Vehicle I applications in section (e)(1.2.1)(B). c. Oxides of nitrogen (NOx) emissions exceed 3.5 times the FTP full useful life NOx standard to which the vehicle has been certified. (ii) PC/LDT SULEV II vehicles shall use the same malfunction criteria as 2005 and 2006 model year LEV II, ULEV II, and MDV SULEV II vehicles (section (e)(1.2.2)(B)(i)) except the malfunction criteria in paragraph a. shall be 2.5 times the applicable FTP full useful life NMOG standard. (C) Except as provided below in section (e)(1.2.5), for 2007 and subsequent model years, the OBD II system shall detect a catalyst system malfunction when the catalyst system's conversion capability decreases to the point that any of the following occurs. (i) For LEV II, ULEV II, and MDV SULEV II vehicles. a. NMOG emissions exceed the criteria specified for Low Emission Vehicle I applications in section (e)(1.2.1)(A). b. The average FTP test NMHC conversion efficiency is below the criteria specified for Low Emission Vehicle I applications in section (e)(1.2.1)(B). c. NOx emissions exceed 1.75 times the FTP full useful life NOx standard to which the vehicle has been certified. (ii) For PC/LDT SULEV II vehicles. a. NMOG emissions exceed 2.5 times the applicable FTP full useful life NMOG standard to which the vehicle has been certified. b. The average FTP test NMHC conversion efficiency is below the criteria specified for Low Emission Vehicle I applications in section (e)(1.2.1)(B). c. NOx emissions exceed 2.5 times the applicable FTP full useful life NOx standard to which the vehicle has been certified. (1.2.3) Non-Low Emission Vehicle I or II applications: The OBD II system shall detect a catalyst system malfunction when the catalyst system's conversion capability decreases to the point that NMHC emissions increase by more than 1.5 times the applicable FTP full useful life standards over an FTP test performed with a representative 4000 mile catalyst system. (1.2.4) In lieu of using the malfunction criteria in section (e)(1.2.2)(B) for all 2005 and 2006 model year Low Emission Vehicle II applications, a manufacturer may phase-in the malfunction criteria on a portion of its Low Emission Vehicle II applications as long as that portion of Low Emission Vehicle II applications comprises at least 30% of all 2005 model year vehicles and 60% of all 2006 model year vehicles. For 2005 and 2006 model year Low Emission Vehicle II applications not included in the phase-in, the malfunction criteria in section (e)(1.2.2)(A) shall be used. (1.2.5) In lieu of using the malfunction criteria in section (e)(1.2.2)(C) for all 2007 model year Low Emission Vehicle II applications, for the 2007 model year only, a manufacturer may continue to use the malfunction criteria in section (e)(1.2.2)(B) for any Low Emission Vehicle II applications previously certified in the 2005 or 2006 model year to the malfunction criteria in section (e)(1.2.2.)(B) and carried over to the 2007 model year. (1.2.6) For purposes of determining the catalyst system malfunction criteria in sections (e)(1.2.1), (1.2.2)(A), and (1.2.3), the malfunction criteria shall be established by using a catalyst system with all monitored catalysts simultaneously deteriorated to the malfunction criteria while unmonitored catalysts shall be deteriorated to the end of the vehicle's full useful life. (1.2.7) For purposes of determining the catalyst system malfunction criteria in sections (e)(1.2.2)(B) and (C): (A) The manufacturer shall use a catalyst system deteriorated to the malfunction criteria using methods established by the manufacturer to represent real world catalyst deterioration under normal and malfunctioning operating conditions. (B) Except as provided below in section (e)(1.2.7)(C), the malfunction criteria shall be established by using a catalyst system with all monitored and unmonitored (downstream of the sensor utilized for catalyst monitoring) catalysts simultaneously deteriorated to the malfunction criteria. (C) For vehicles using fuel shutoff to prevent over-fueling during misfire conditions (see section (e)(3.4.1)(D)), the malfunction criteria shall be established by using a catalyst system with all monitored catalysts simultaneously deteriorated to the malfunction criteria while unmonitored catalysts shall be deteriorated to the end of the vehicle's full useful life. (1.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(1.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.2), all monitors used to detect malfunctions identified in section (e)(1.2) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (1.4) MIL Illumination and Fault Code Storage: (1.4.1) General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (1.4.2) The monitoring method for the catalyst(s) shall be capable of detecting when a catalyst fault code has been cleared (except OBD II system self-clearing), but the catalyst has not been replaced (e.g., catalyst overtemperature approaches may not be acceptable). (1.5) Catalyst Monitoring for Diesels (1.5.1) Requirement: On all 2004 and subsequent model year diesel passenger cars, light-duty trucks, and medium-duty passenger vehicles (see section (c)) and all 2005 and subsequent model year diesel medium-duty vehicles, the OBD II system shall monitor the catalyst system for proper conversion capability. (1.5.2) Malfunction Criteria: (A) For 2004 and subsequent model year diesel passenger cars, light-duty trucks, and medium-duty passenger vehicles certified to a chassis dynamometer tailpipe emission standard: (i) The OBD II system shall detect a catalyst system malfunction when the catalyst system's conversion capability decreases to the point that emissions exceed 1.75 times the applicable FTP full useful life NMHC, NOx, or PM standard (or, if applicable, NMHC+NOx standard). (ii) Except as provided below in section (e)(1.5.2)(A)(iv), if no failure or deterioration of the catalyst system NMHC conversion capability could result in a vehicle's emissions exceeding 1.75 times any of the applicable standards, the OBD II system shall detect a malfunction when the system has no detectable amount of NMHC conversion capability. (iii) Except as provided below in section (e)(1.5.2)(A)(v), if no failure or deterioration of the catalyst system NOx conversion capability could result in a vehicle's emissions exceeding 1.75 times any of the applicable standards, the OBD II system shall detect a malfunction when the system has no detectable amount of NOx conversion capability. (iv) For the 2004 through 2009 model year, a manufacturer may request to be exempted from the requirements for NMHC conversion catalyst system monitoring. The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated, through data and/or engineering evaluation, that the average FTP test NMHC conversion efficiency of the system is less than 30 percent (i.e., the cumulative NMHC emissions measured at the outlet of the catalyst are more than 70 percent of the cumulative engine-out NMHC emissions measured at the inlet of the catalyst(s)). (v) For the 2004 through 2009 model year, a manufacturer may request to be exempted from the requirements for NOx conversion catalyst system monitoring. The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated, through data and/or engineering evaluation, that the average FTP test NOx conversion efficiency of the system is less than 30 percent (i.e., the cumulative NOx emissions measured at the outlet of the catalyst are more than 70 percent of the cumulative engine-out NOx emissions measured at the inlet of the catalyst(s)). (B) For 2005 and 2006 model year diesel medium-duty vehicles (including medium-duty passenger vehicles certified to an engine dynamometer tailpipe standard): (i) Except as provided below, the OBD II system shall detect a NOx conversion catalyst system malfunction when the catalyst system's conversion capability decreases to the point that emissions exceed 1.75 times the applicable FTP full useful life NOx or PM standard (or, if applicable, NMHC+NOx standard). (ii) A manufacturer may request to be exempted from the requirements for NOx conversion catalyst system monitoring. The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated, through data and/or engineering evaluation, that no failure or deterioration of the system will cause emissions to exceed the emission threshold specified in section (e)(1.5.2)(B)(i). (iii) Monitoring of the NMHC conversion catalyst system performance is not required. (C) For 2007 and subsequent model year diesel medium-duty vehicles (including medium-duty passenger vehicles certified to an engine dynamometer tailpipe standard): (i) The OBD II system shall detect a catalyst system malfunction when the catalyst system's conversion capability decreases to the point that emissions exceed 1.75 times the applicable FTP full useful life NMHC, NOx, or PM standard (or, if applicable, NMHC+NOx standard). (ii) Except as provided below in section (e)(1.5.2)(C)(iv), if no failure or deterioration of the catalyst system NMHC conversion capability could result in a vehicle's emissions exceeding 1.75 times any of the applicable standards, the OBD II system shall detect a malfunction when the system has no detectable amount of NMHC conversion capability. (iii) Except as provided below in section (e)(1.5.2)(C)(v), if no failure or deterioration of the catalyst system NOx conversion capability could result in a vehicle's emissions exceeding 1.75 times any of the applicable standards, the OBD II system shall detect a malfunction when the system has no detectable amount of NOx conversion capability. (iv) For the 2007 through 2009 model year, a manufacturer may request to be exempted from the requirements for NMHC conversion catalyst system monitoring. The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated, through data and/or engineering evaluation, that the average FTP test NMHC conversion efficiency of the system is less than 30 percent (i.e., the cumulative NMHC emissions measured at the outlet of the catalyst are more than 70 percent of the cumulative engine-out NMHC emissions measured at the inlet of the catalyst(s)). (v) For the 2007 through 2009 model year, a manufacturer may request to be exempted from the requirements for NOx conversion catalyst system monitoring. The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated, through data and/or engineering evaluation, that the average FTP test NOx conversion efficiency of the system is less than 30 percent (i.e., the cumulative NOx emissions measured at the outlet of the catalyst are more than 70 percent of the cumulative engine-out NOx emissions measured at the inlet of the catalyst(s)). (1.5.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(1.5.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.2), all monitors used to detect malfunctions identified in section (e)(1.5.2) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (1.5.4) MIL Illumination and Fault Code Storage: (A) General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (B) The monitoring method for the catalyst(s) shall be capable of detecting all instances, except diagnostic self-clearing, when a catalyst fault code has been cleared but the catalyst has not been replaced (e.g., catalyst overtemperature approaches may not be acceptable). (2) Heated Catalyst Monitoring (2.1) Requirement: (2.1.1) The OBD II system shall monitor all heated catalyst systems for proper heating. (2.1.2) The efficiency of heated catalysts shall be monitored in conjunction with the requirements of section (e)(1). (2.2) Malfunction Criteria: (2.2.1) The OBD II system shall detect a catalyst heating system malfunction when the catalyst does not reach its designated heating temperature within a requisite time period after engine starting. The manufacturer shall determine the requisite time period, but the time period may not exceed the time that would cause emissions from a vehicle equipped with the heated catalyst system to exceed 1.75 times any of the applicable FTP full useful life standards. (2.2.2) Manufacturers may use other monitoring strategies for the heated catalyst but must submit the alternate plan to the Executive Officer for approval. The Executive Officer shall approve alternate strategies for monitoring heated catalyst systems based on comparable reliability and timeliness to these requirements in detecting a catalyst heating malfunction. (2.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(2.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (2.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (3) Misfire Monitoring (3.1) Requirement: (3.1.1) The OBD II system shall monitor the engine for misfire causing catalyst damage and misfire causing excess emissions. (3.1.2) The OBD II system shall identify the specific cylinder that is experiencing misfire. Manufacturers may request Executive Officer approval to store a general misfire fault code instead of a cylinder specific fault code under certain operating conditions. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that the misfiring cylinder cannot be reliably identified when the conditions occur. (3.1.3) If more than one cylinder is misfiring, a separate fault code shall be stored indicating that multiple cylinders are misfiring except as allowed below. When identifying multiple cylinder misfire, the manufacturer is not required to also identify each of the misfiring cylinders individually through separate fault codes. For 2005 and subsequent model year vehicles, if more than 90 percent of the detected misfires occur in a single cylinder, the manufacturer may elect to store the appropriate fault code indicating the specific misfiring cylinder in lieu of the multiple cylinder misfire fault code. If, however, two or more cylinders individually have more than 10 percent of the total number of detected misfires, a multiple cylinder fault code must be stored. (3.2) Malfunction Criteria: The OBD II system shall detect a misfire malfunction pursuant to the following: (3.2.1) Misfire causing catalyst damage: (A) Manufacturers shall determine the percentage of misfire evaluated in 200 revolution increments for each engine speed and load condition that would result in a temperature that causes catalyst damage. The manufacturer shall submit documentation to support this percentage of misfire as required in section (h)(2.5). For every engine speed and load condition that this percentage of misfire is determined to be lower than five percent, the manufacturer may set the malfunction criteria at five percent. (B) Subject to Executive Officer approval, a manufacturer may employ a longer interval than 200 revolutions but only for determining, on a given driving cycle, the first misfire exceedance as provided in section (e)(3.4.1)(A) below. Executive Officer approval shall be granted upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that catalyst damage would not occur due to unacceptably high catalyst temperatures before the interval has elapsed. (C) A misfire malfunction shall be detected if the percentage of misfire established in section (e)(3.2.1)(A) is exceeded. (D) For purposes of establishing the temperature at which catalyst damage occurs as required in section (e)(3.2.1)(A), on 2005 and subsequent model year vehicles, manufacturers may not define catalyst damage at a temperature more severe than what the catalyst system could be operated at for ten consecutive hours and still meet the applicable FTP full useful life standards. (3.2.2) Misfire causing emissions to exceed 1.5 times the FTP standards: (A) Manufacturers shall determine the percentage of misfire evaluated in 1000 revolution increments that would cause emissions from an emission durability demonstration vehicle to exceed 1.5 times any of the applicable FTP standards if the percentage of misfire were present from the beginning of the test. To establish this percentage of misfire, the manufacturer shall utilize misfire events occurring at equally spaced, complete engine cycle intervals, across randomly selected cylinders throughout each 1000-revolution increment. If this percentage of misfire is determined to be lower than one percent, the manufacturer may set the malfunction criteria at one percent. (B) Subject to Executive Officer approval, a manufacturer may employ other revolution increments. The Executive Officer shall grant approval upon determining that the manufacturer has demonstrated that the strategy would be equally effective and timely in detecting misfire. (C) A malfunction shall be detected if the percentage of misfire established in section (3.2.2)(A) is exceeded regardless of the pattern of misfire events (e.g., random, equally spaced, continuous, etc.). (3.3) Monitoring Conditions: (3.3.1) Manufacturers shall continuously monitor for misfire under the following conditions: (A) From no later than the end of the second crankshaft revolution after engine start, (B) During the rise time and settling time for engine speed to reach the desired idle engine speed at engine start-up (i.e., "flare-up" and "flare-down"), and (C) Under all positive torque engine speeds and load conditions except within the following range: the engine operating region bound by the positive torque line (i.e., engine load with the transmission in neutral), and the two following engine operating points: an engine speed of 3000 rpm with the engine load at the positive torque line, and the redline engine speed (defined in section (c)) with the engine's manifold vacuum at four inches of mercury lower than that at the positive torque line. (3.3.2) If a monitoring system cannot detect all misfire patterns under all required engine speed and load conditions as required in section (e)(3.3.1) above, the manufacturer may request Executive Officer approval to accept the monitoring system. In evaluating the manufacturer's request, the Executive Officer shall consider the following factors: the magnitude of the region(s) in which misfire detection is limited, the degree to which misfire detection is limited in the region(s) (i.e., the probability of detection of misfire events), the frequency with which said region(s) are expected to be encountered in-use, the type of misfire patterns for which misfire detection is troublesome, and demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under required conditions (i.e., compliance can be achieved on other engines). The evaluation shall be based on the following misfire patterns: equally spaced misfire occurring on randomly selected cylinders, single cylinder continuous misfire, and paired cylinder (cylinders firing at the same crank angle) continuous misfire. (3.3.3) A manufacturer may request Executive Officer approval of a monitoring system that has reduced misfire detection capability during the portion of the first 1000 revolutions after engine start that a cold start emission reduction strategy that reduces engine torque (e.g., spark retard strategies) is active. The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated that the probability of detection is greater than or equal to 75 percent during the worst case condition (i.e., lowest generated torque) for a vehicle operated continuously at idle (park/neutral idle) on a cold start between 50-86 degrees Fahrenheit and that the technology cannot reliably detect a higher percentage of the misfire events during the conditions. (3.3.4) A manufacturer may request Executive Officer approval to disable misfire monitoring or employ an alternate malfunction criterion when misfire cannot be distinguished from other effects. (A) Upon determining that the manufacturer has presented documentation that demonstrates the disablement interval or period of use of an alternate malfunction criterion is limited only to that necessary for avoiding false detection, the Executive Officer shall approve the disablement or use of the alternate malfunction criterion for conditions involving: (i) rough road, (ii) fuel cut, (iii) gear changes for manual transmission vehicles, (iv) traction control or other vehicle stability control activation such as anti-lock braking or other engine torque modifications to enhance vehicle stability, (v) off-board control or intrusive activation of vehicle components or diagnostics during service or assembly plant testing, (vi) portions of intrusive evaporative system or EGR diagnostics that can significantly affect engine stability (i.e., while the purge valve is open during the vacuum pull-down of a evaporative system leak check but not while the purge valve is closed and the evaporative system is sealed or while an EGR diagnostic causes the EGR valve to be intrusively cycled on and off during positive torque conditions), or (vii) engine speed, load, or torque transients due to throttle movements more rapid than occurs over the US06 cycle for the worst case vehicle within each test group. (B) Additionally, the Executive Officer will approve a manufacturer's request in accordance with sections (e)(18.3) through (18.5) to disable misfire monitoring when fuel level is 15 percent or less of the nominal capacity of the fuel tank, when PTO units are active, or while engine coolant temperature is below 20 degrees Fahrenheit. The Executive Officer will approve a request to continue disablement on engine starts when engine coolant temperature is below 20 degrees Fahrenheit at engine start until engine coolant temperature exceeds 70 degrees Fahrenheit. (C) In general, for 2005 and subsequent model year vehicles, the Executive Officer shall not approve disablement for conditions involving normal air conditioning compressor cycling from on-to-off or off-to-on, automatic transmission gear shifts (except for shifts occurring during wide open throttle operation), transitions from idle to off-idle, normal engine speed or load changes that occur during the engine speed rise time and settling time (i.e., "flare-up" and "flare-down") immediately after engine starting without any vehicle operator-induced actions (e.g., throttle stabs), or excess acceleration (except for acceleration rates that exceed the maximum acceleration rate obtainable at wide open throttle while the vehicle is in gear due to abnormal conditions such as slipping of a clutch). (D) The Executive Officer may approve misfire monitoring disablement or use of an alternate malfunction criterion for any other condition on a case by case basis upon determining that the manufacturer has demonstrated that the request is based on an unusual or unforeseen circumstance and that it is applying the best available computer and monitoring technology. (3.3.5) For engines with more than eight cylinders that cannot meet the requirements of section (e)(3.3.1), a manufacturer may request Executive Officer approval to use alternative misfire monitoring conditions. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation which demonstrate that misfire detection throughout the required operating region cannot be achieved when employing proven monitoring technology (i.e., a technology that provides for compliance with these requirements on other engines) and provided misfire is detected to the fullest extent permitted by the technology. However, the Executive Officer may not grant the request if the misfire detection system is unable to monitor during all positive torque operating conditions encountered during an FTP cycle. (3.4) MIL Illumination and Fault Code Storage: (3.4.1) Misfire causing catalyst damage. Upon detection of the level of misfire specified in section (e)(3.2.1) above, the following criteria shall apply for MIL illumination and fault code storage: (A) Pending fault codes (i) A pending fault code shall be stored immediately if, during a single driving cycle, the specified misfire level is exceeded three times when operating in the positive torque region encountered during an FTP cycle or is exceeded on a single occasion when operating at any other engine speed and load condition in the positive torque region defined in section (e)(3.3.1). (ii) Immediately after a pending fault code is stored as specified in section (e)(3.4.1)(A)(i) above, the MIL shall blink once per second at all times while misfire is occurring during the driving cycle. a. The MIL may be extinguished during those times when misfire is not occurring during the driving cycle. b. If, at the time a misfire malfunction occurs, the MIL is already illuminated for a malfunction other than misfire, the MIL shall blink as previously specified in section (e)(3.4.1)(A)(ii) while misfire is occurring. If misfiring ceases, the MIL shall stop blinking but remain illuminated as required by the other malfunction. (B) Confirmed fault codes (i) If a pending fault code for exceeding the misfire level set forth in section (e)(3.2.1) is stored, the OBD II system shall immediately store a confirmed fault code if the percentage of misfire specified in section (e)(3.2.1) is again exceeded one or more times during either: (a) the driving cycle immediately following the storage of the pending fault code, regardless of the conditions encountered during the driving cycle; or (b) on the next driving cycle in which similar conditions (see section (c)) to the engine conditions that occurred when the pending fault code was stored are encountered. (ii) If a pending fault code for exceeding the misfire level set forth in section (e)(3.2.2) is stored from a previous drive cycle, the OBD II system shall immediately store a confirmed fault code if the percentage of misfire specified in section (e)(3.2.1) is exceeded one or more times regardless of the conditions encountered. (iii) Upon storage of a confirmed fault code, the MIL shall blink as specified in subparagraph (e)(3.4.1)(A)(ii) above as long as misfire is occurring and the MIL shall remain continuously illuminated if the misfiring ceases. (C) Erasure of pending fault codes Pending fault codes shall be erased at the end of the next driving cycle in which similar conditions to the engine conditions that occurred when the pending fault code was stored have been encountered without any exceedance of the specified misfire levels. The pending code may also be erased if similar driving conditions are not encountered during the next 80 driving cycles subsequent to the initial detection of a malfunction. (D) Exemptions for vehicles with fuel shutoff and default fuel control. Notwithstanding sections (e)(3.4.1)(A) and (B) above, in vehicles that provide for fuel shutoff and default fuel control to prevent over fueling during catalyst damage misfire conditions, the MIL need not blink. Instead, the MIL may illuminate continuously in accordance with the requirements for continuous MIL illumination in sections (e)(3.4.1)(B)(iii) above upon detection of misfire, provided that the fuel shutoff and default control are activated as soon as misfire is detected. Fuel shutoff and default fuel control may be deactivated only to permit fueling outside of the misfire range. Manufacturers may also periodically, but not more than once every 30 seconds, deactivate fuel shutoff and default fuel control to determine if the specified catalyst damage misfire level is still being exceeded. Normal fueling and fuel control may be resumed if the specified catalyst damage misfire level is no longer being exceeded. (E) Manufacturers may request Executive Officer approval of strategies that continuously illuminate the MIL in lieu of blinking the MIL during extreme catalyst damage misfire conditions (i.e., catalyst damage misfire occurring at all engine speeds and loads). Executive Officer approval shall be granted upon determining that the manufacturer employs the strategy only when catalyst damage misfire levels cannot be avoided during reasonable driving conditions and the manufacturer has demonstrated that the strategy will encourage operation of the vehicle in conditions that will minimize catalyst damage (e.g., at low engine speeds and loads). (3.4.2) Misfire causing emissions to exceed 1.5 times the FTP standards. Upon detection of the misfire level specified in section (e)(3.2.2), the following criteria shall apply for MIL illumination and fault code storage: (A) Misfire within the first 1000 revolutions after engine start. (i) A pending fault code shall be stored no later than after the first exceedance of the specified misfire level during a single driving cycle if the exceedance occurs within the first 1000 revolutions after engine start (defined in section (c)) during which misfire detection is active. (ii) If a pending fault code is stored, the OBD II system shall illuminate the MIL and store a confirmed fault code within ten seconds if an exceedance of the specified misfire level is again detected in the first 1000 revolutions during any subsequent driving cycle, regardless of the conditions encountered during the driving cycle. (iii) The pending fault code shall be erased at the end of the next driving cycle in which similar conditions to the engine conditions that occurred when the pending fault code was stored have been encountered without an exceedance of the specified percentage of misfire. The pending code may also be erased if similar conditions are not encountered during the next 80 driving cycles immediately following the initial detection of the malfunction. (B) Exceedances after the first 1000 revolutions after engine start. (i) A pending fault code shall be stored no later than after the fourth exceedance of the percentage of misfire specified in section (e)(3.2.2) during a single driving cycle. (ii) If a pending fault code is stored, the OBD II system shall illuminate the MIL and store a confirmed fault code within ten seconds if the percentage of misfire specified in section (e)(3.2.2) is again exceeded four times during: (a) the driving cycle immediately following the storage of the pending fault code, regardless of the conditions encountered during the driving cycle; or (b) on the next driving cycle in which similar conditions (see section (c)) to the engine conditions that occurred when the pending fault code was stored are encountered. (iii) The pending fault code may be erased at the end of the next driving cycle in which similar conditions to the engine conditions that occurred when the pending fault code was stored have been encountered without an exceedance of the specified percentage of misfire. The pending code may also be erased if similar conditions are not encountered during the next 80 driving cycles immediately following initial detection of the malfunction. (3.4.3) Storage of freeze frame conditions. (A) A manufacturer shall store and erase freeze frame conditions either in conjunction with storing and erasing a pending fault code or in conjunction with storing and erasing a confirmed fault code. (B) If freeze frame conditions are stored for a malfunction other than misfire or fuel system malfunction (see section (e)(6)) when a fault code is stored as specified in section (e)(3.4) above, the stored freeze frame information shall be replaced with freeze frame information regarding the misfire malfunction. (3.4.4) Storage of misfire conditions for similar conditions determination. Upon detection of misfire under sections (e)(3.4.1) or (3.4.2), manufacturers shall store the following engine conditions: engine speed, load, and warm-up status of the first misfire event that resulted in the storage of the pending fault code. (3.4.5) Extinguishing the MIL. The MIL may be extinguished after three sequential driving cycles in which similar conditions have been encountered without an exceedance of the specified percentage of misfire. (3.5) Misfire Monitoring for Diesels (3.5.1) Requirement: (A) The OBD II system on a diesel engine shall be capable of detecting misfire occurring continuously in one or more cylinders. To the extent possible without adding hardware for this specific purpose, the OBD II system shall also identify the specific continuously misfiring cylinder. (B) If more than one cylinder is continuously misfiring, a separate fault code shall be stored indicating that multiple cylinders are misfiring. When identifying multiple cylinder misfire, the manufacturer is not required to also identify each of the continuously misfiring cylinders individually through separate fault codes. (3.5.2) Malfunction Criteria: The OBD II system shall detect a misfire malfunction when one or more cylinders are continuously misfiring. (3.5.3) Monitoring Conditions: The OBD II system shall monitor for misfire during engine idle conditions at least once per driving cycle in which the monitoring conditions for misfire are met. A manufacturer shall submit monitoring conditions to the Executive Officer for approval. The Executive Officer shall approve manufacturer defined monitoring conditions that are determined (based on manufacturer submitted data and/or other engineering documentation) to: (i) be technically necessary to ensure robust detection of malfunctions (e.g., avoid false passes and false detection of malfunctions), (ii) require no more than 1000 cumulative engine revolutions, and (iii) do not require any single continuous idle operation of more than 15 seconds to make a determination that a malfunction is present (e.g., a decision can be made with data gathered during several idle operations of 15 seconds or less). For 2004 model year vehicles only, a manufacturer may comply with the monitoring conditions for diesel misfire monitoring in title 13, CCR section 1968.1 in lieu of meeting the monitoring conditions in section (e)(3.5.3). (3.5.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (4) Evaporative System Monitoring (4.1) Requirement: The OBD II system shall verify purge flow from the evaporative system and shall monitor the complete evaporative system, excluding the tubing and connections between the purge valve and the intake manifold, for vapor leaks to the atmosphere. Individual components of the evaporative system (e.g. valves, sensors, etc.) shall be monitored in accordance with the comprehensive components requirements in section (e)(16) (e.g., for circuit continuity, out of range values, rationality, proper functional response, etc.). (4.2) Malfunction Criteria: (4.2.1) For purposes of section (e)(4), an orifice shall be defined as an O'Keefe Controls Co. precision metal "Type B" orifice with NPT connections with a diameter of the specified dimension (e.g., part number B-20-SS for a stainless steel 0.020 inch diameter orifice). (4.2.2) The OBD II system shall detect an evaporative system malfunction when any of the following conditions exist: (A) No purge flow from the evaporative system to the engine can be detected by the OBD II system; (B) The complete evaporative system contains a leak or leaks that cumulatively are greater than or equal to a leak caused by a 0.040 inch diameter orifice; and (C) The complete evaporative system contains a leak or leaks that cumulatively are greater than or equal to a leak caused by a 0.020 inch diameter orifice. (4.2.3) On vehicles with fuel tank capacity greater than 25.0 gallons, a manufacturer may request the Executive Officer to revise the orifice size in sections (e)(4.2.2)(B) and/or (C) if the most reliable monitoring method available cannot reliably detect a system leak of the magnitudes specified. The Executive Officer shall approve the request upon determining that the manufacturer has provided data and/or engineering analysis that demonstrate the need for the request. (4.2.4) Upon request by the manufacturer and upon determining that the manufacturer has submitted data and/or engineering evaluation which support the request, the Executive Officer shall revise the orifice size in sections (e)(4.2.2)(B) and/or (C) upward to exclude detection of leaks that cannot cause evaporative or running loss emissions to exceed 1.5 times the applicable standards. (4.2.5) A manufacturer may request Executive Officer approval to revise the orifice size in section (e)(4.2.2)(B) to a 0.090 inch diameter orifice. The Executive Officer shall approve the request upon the manufacturer submitting data and/or engineering analysis and the Executive Officer finding that: (A) the monitoring strategy for detecting orifices specified in section (e)(4.2.2)(C) meets the monitoring conditions requirements of section (e)(4.3.2); and (B) the monitoring strategy for detecting 0.090 inch diameter orifices substantially exceeds the monitoring conditions requirements of section (e)(4.3.1) for monitoring strategies designed to detect orifices specified in section (e)(4.2.2)(B). (4.2.6) For the 2004 and 2005 model years only, manufacturers that use separate monitors to identify leaks (as specified in (e)(4.2.2.)(B) or (C)) in different portions of the complete evaporative system (e.g., separate monitors for the fuel tank to canister portion and for the canister to purge valve portion of the system) may request Executive Officer approval to revise the malfunction criteria in sections (e)(4.2.2)(B) and (C) to identify a malfunction when the separately monitored portion of the evaporative system (e.g., the fuel tank to canister portion) has a leak (or leaks) that is greater than or equal to the specified size in lieu of when the complete evaporative system has a leak (or leaks) that is greater than or equal to the specified size. The Executive Officer shall approve the request upon determining that the manufacturer utilized the same monitoring strategy (e.g., monitoring portions of the complete system with separate monitors) on vehicles prior to the 2004 model year and that the monitoring strategy provides further isolation of the malfunction for repair technicians by utilizing separate fault codes for each monitored portion of the evaporative system. (4.3) Monitoring Conditions: (4.3.1) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (e)(4.2.2)(A) and (B) (i.e., purge flow and 0.040 inch leak detection) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (4.3.2) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(4.2.2)(C) (i.e., 0.020 inch leak detection) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.2), all monitors used to detect malfunctions identified in section (e)(4.2.2)(C) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (4.3.3) Manufacturers may disable or abort an evaporative system monitor when the fuel tank level is over 85 percent of nominal tank capacity or during a refueling event. (4.3.4) Manufacturers may request Executive Officer approval to execute the evaporative system monitor only on driving cycles determined by the manufacturer to be cold starts if the condition is needed to ensure reliable monitoring. The Executive Officer may not approve criteria that exclude engine starts from being considered as cold starts solely on the basis that ambient temperature exceeds (i.e., indicates a higher temperature than) engine coolant temperature at engine start. The Executive Officer shall approve the request upon determining that data and/or an engineering evaluation submitted by the manufacturer demonstrate that a reliable check can only be made on driving cycles when the cold start criteria are satisfied. (4.3.5) Manufacturers may temporarily disable the evaporative purge system to perform an evaporative system leak check. (4.4) MIL Illumination and Fault Code Storage: (4.4.1) Except as provided below for fuel cap leaks and alternate statistical MIL illumination protocols, general requirements for MIL illumination and fault code storage are set forth in section (d)(2). (4.4.2) If the OBD II system is capable of discerning that a system leak is being caused by a missing or improperly secured fuel cap: (A) The manufacturer is not required to illuminate the MIL or store a fault code if the vehicle is equipped with an alternative indicator for notifying the vehicle operator of the malfunction. The alternative indicator shall be of sufficient illumination and location to be readily visible under all lighting conditions. (B) If the vehicle is not equipped with an alternative indicator and the MIL illuminates, the MIL may be extinguished and the corresponding fault codes erased once the OBD II system has verified that the fuel cap has been securely fastened and the MIL has not been illuminated for any other type of malfunction. (C) The Executive Officer may approve other strategies that provide equivalent assurance that a vehicle operator will be promptly notified of a missing or improperly secured fuel cap and that corrective action will be undertaken. (4.4.3) Notwithstanding section (d)(2.2.3), manufacturers may request Executive Officer approval to use alternative statistical MIL illumination and fault code storage protocols that require up to twelve driving cycles on average for monitoring strategies designed to detect malfunctions specified by section (e)(4.2.2)(C). Executive Officer approval shall be granted in accordance with the bases identified in section (d)(2.2.3) and upon determination that the manufacturer has submitted data and/or an engineering analysis demonstrating that the most reliable monitoring method available cannot reliably detect a malfunction of the specified size without the additional driving cycles and that the monitoring system will still meet the monitoring conditions requirements specified in sections (d)(3.1) and (3.2). (5) Secondary Air System Monitoring (5.1) Requirement: The OBD II system on vehicles equipped with any form of secondary air delivery system shall monitor the proper functioning of the secondary air delivery system including all air switching valve(s). The individual electronic components (e.g., actuators, valves, sensors, etc.) in the secondary air system shall be monitored in accordance with the comprehensive component requirements in section (e)(16). (5.2) Malfunction Criteria: (5.2.1) For purposes of section (e)(5), "air flow" is defined as the air flow delivered by the secondary air system to the exhaust system. For vehicles using secondary air systems with multiple air flow paths/distribution points, the air flow to each bank (i.e., a group of cylinders that share a common exhaust manifold, catalyst, and control sensor) shall be monitored in accordance with the malfunction criteria in sections (e)(5.2.3) and (5.2.4). (5.2.2) For all Low Emission Vehicle I applications: (A) Except as provided in sections (e)(5.2.2)(B) and (e)(5.2.4), the OBD II system shall detect a secondary air system malfunction prior to a decrease from the manufacturer's specified air flow that would cause a vehicle's emissions to exceed 1.5 times any of the applicable FTP standards. (B) Manufacturers may request Executive Officer approval to detect a malfunction when no detectable amount of air flow is delivered in lieu of the malfunction criteria in section (e)(5.2.2)(A). The Executive Office shall grant approval upon determining that deterioration of the secondary air system is unlikely based on data and/or engineering evaluation submitted by the manufacturer demonstrating that the materials used for the secondary air system (e.g., air hoses, tubing, valves, connectors, etc.) are inherently resistant to disconnection, corrosion, or other deterioration. (5.2.3) For all Low Emission Vehicle II applications: (A) For 2004 and 2005 model year vehicles, manufacturers shall use the malfunction criteria specified for Low Emission Vehicle I applications in section (e)(5.2.2). (B) For 2006 and subsequent model year vehicles, except as provided in sections (e)(5.2.3)(C) and (e)(5.2.4), the OBD II system shall detect a secondary air system malfunction prior to a decrease from the manufacturer's specified air flow during normal operation that would cause a vehicle's emissions to exceed 1.5 times any of the applicable FTP standards. For purposes of sections (e)(5.2) and (5.3), "normal operation" shall be defined as the condition when the secondary air system is activated during catalyst and/or engine warm-up following engine start and may not include the condition when the secondary air system is intrusively turned on solely for the purpose of monitoring. (C) For 2006 and 2007 model year vehicles only, a manufacturer may request Executive Officer approval to detect a malfunction when no detectable amount of air flow is delivered during normal operation in lieu of the malfunction criteria in section (e)(5.2.3)(B) (e.g., 1.5 times the standard) during normal operation. Executive Officer approval shall be granted upon determining that the manufacturer has submitted data and/or engineering analysis that demonstrate that the monitoring system is capable of detecting malfunctions prior to a decrease from the manufacturer's specified air flow that would cause a vehicle's emissions to exceed 1.5 times any of the applicable FTP standards during an intrusive operation of the secondary air system later in the same driving cycle. (5.2.4) For vehicles in which no deterioration or failure of the secondary air system would result in a vehicle's emissions exceeding 1.5 times any of the applicable standards, the OBD II system shall detect a malfunction when no detectable amount of air flow is delivered. For vehicles subject to the malfunction criteria in section (e)(5.2.3)(B), this monitoring for no detectable amount of air flow shall occur during normal operation of the secondary air system. (5.3) Monitoring Conditions: (5.3.1) For all Low Emission Vehicle I applications: Manufacturers shall define the monitoring conditions in accordance with section (d)(3.1). (5.3.2) For all Low Emission Vehicle II applications: (A) For 2004 and 2005 model year vehicles, manufacturers shall define the monitoring conditions in accordance with section (d)(3.1). (B) For 2006 and subsequent model year vehicles, manufacturers shall define the monitoring conditions in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.2), all monitors used to detect malfunctions identified in section (e)(5.2) during normal operation of the secondary air system shall be tracked separately but reported as a single set of values as specified in sections (d)(4.2.2)(C) and (d)(5.2.2). (5.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (6) Fuel System Monitoring (6.1) Requirement: (6.1.1) For all vehicles except vehicles with diesel engines, the OBD II system shall monitor the fuel delivery system to determine its ability to provide compliance with emission standards. (6.1.2) For vehicles with diesel engines, the manufacturer shall monitor the performance of all electronic fuel system components to the extent feasible with respect to the malfunction criteria specified in section (e)(6.2) below. (6.2) Malfunction Criteria: (6.2.1) The OBD II system shall detect a malfunction of the fuel delivery system (including feedback control based on a secondary oxygen sensor) when the fuel delivery system is unable to maintain a vehicle's emissions at or below 1.5 times any of the applicable FTP standards. (6.2.2) Except as provided for in section (e)(6.2.3) below, if the vehicle is equipped with adaptive feedback control, the OBD II system shall detect a malfunction when the adaptive feedback control has used up all of the adjustment allowed by the manufacturer. (6.2.3) If the vehicle is equipped with feedback control that is based on a secondary oxygen (or equivalent) sensor, the OBD II system is not required to detect a malfunction of the fuel system solely when the feedback control based on a secondary oxygen sensor has used up all of the adjustment allowed by the manufacturer. However, if a failure or deterioration results in vehicle emissions that exceed the malfunction criteria in section (e)(6.2.1), the OBD II system is required to detect a malfunction. (6.2.4) The OBD II system shall detect a malfunction whenever the fuel control system fails to enter closed-loop operation (if employed) within a manufacturer specified time interval. (6.2.5) Manufacturers may adjust the criteria and/or limit(s) to compensate for changes in altitude, for temporary introduction of large amounts of purge vapor, or for other similar identifiable operating conditions when they occur. (6.3) Monitoring Conditions: The fuel system shall be monitored continuously for the presence of a malfunction. (6.4) MIL Illumination and Fault Code Storage: (6.4.1) A pending fault code shall be stored immediately upon the fuel system exceeding the malfunction criteria established pursuant to section (e)(6.2). (6.4.2) Except as provided below, if a pending fault code is stored, the OBD II system shall immediately illuminate the MIL and store a confirmed fault code if a malfunction is again detected during either of the following two events: (a) the driving cycle immediately following the storage of the pending fault code, regardless of the conditions encountered during the driving cycle; or (b) on the next driving cycle in which similar conditions (see section (c)) to those that occurred when the pending fault code was stored are encountered. (6.4.3) The pending fault code may be erased at the end of the next driving cycle in which similar conditions have been encountered without an exceedance of the specified fuel system malfunction criteria. The pending code may also be erased if similar conditions are not encountered during the 80 driving cycles immediately after the initial detection of a malfunction for which the pending code was set. (6.4.4) Storage of freeze frame conditions. (A) A manufacturer shall store and erase freeze frame conditions either in conjunction with storing and erasing a pending fault code or in conjunction with storing and erasing a confirmed fault code. (B) If freeze frame conditions are stored for a malfunction other than misfire (see section (e)(3)) or fuel system malfunction when a fault code is stored as specified in section (e)(6.4) above, the stored freeze frame information shall be replaced with freeze frame information regarding the fuel system malfunction. (6.4.5) Storage of fuel system conditions for determining similar conditions of operation. Upon detection of a fuel system malfunction under section (e)(6.2), manufacturers shall store the engine speed, load, and warm-up status of the first fuel system malfunction that resulted in the storage of the pending fault code. (6.4.6) Extinguishing the MIL. The MIL may be extinguished after three sequential driving cycles in which similar conditions have been encountered without a malfunction of the fuel system. (7) Oxygen Sensor Monitoring (7.1) Requirement: (7.1.1) The OBD II system shall monitor the output voltage, response rate, and any other parameter which can affect emissions of all primary (fuel control) oxygen (lambda) sensors for malfunction. Both the lean-to-rich and rich-to-lean response rates shall be monitored. (7.1.2) The OBD II system shall also monitor all secondary oxygen sensors (those used for fuel trim control or as a monitoring device) for proper output voltage, activity, and/or response rate. (7.1.3) For vehicles equipped with heated oxygen sensors, the OBD II system shall monitor the heater for proper performance. (7.1.4) For other types of sensors (e.g., wide range or universal lambda sensors, etc.), the manufacturer shall submit a monitoring plan to the Executive Officer for approval. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and an engineering evaluation that demonstrate that the monitoring plan is as reliable and effective as the monitoring plan required for conventional sensors under section (e)(7). (7.2) Malfunction Criteria: (7.2.1) Primary Sensors: (A) The OBD II system shall detect a malfunction prior to any failure or deterioration of the oxygen sensor voltage, response rate, amplitude, or other characteristic(s) (including drift or bias corrected for by secondary sensors) that would cause a vehicle's emissions to exceed 1.5 times any of the applicable FTP standards. (B) The OBD II system shall detect malfunctions of the oxygen sensor caused by either a lack of circuit continuity or out of range values. (C) The OBD II system shall detect a malfunction of the oxygen sensor when a sensor failure or deterioration causes the fuel system to stop using that sensor as a feedback input (e.g., causes default or open loop operation). (D) The OBD II system shall detect a malfunction of the oxygen sensor when the sensor output voltage, amplitude, activity, or other characteristics are no longer sufficient for use as an OBD II system monitoring device (e.g., for catalyst monitoring). (7.2.2) Secondary Sensors: (A) The OBD II system shall detect a malfunction prior to any failure or deterioration of the oxygen sensor voltage, response rate, amplitude, or other characteristic(s) that would cause a vehicle's emissions to exceed 1.5 times any of the applicable FTP standards. (B) The OBD II system shall detect malfunctions of the oxygen sensor caused by a lack of circuit continuity. (C) To the extent feasible, the OBD II system shall detect a malfunction of the oxygen sensor when the sensor output voltage, amplitude, activity, or other characteristics are no longer sufficient for use as an OBD II system monitoring device (e.g., for catalyst monitoring). (D) The OBD II system shall detect malfunctions of the oxygen sensor caused by out of range values. (7.2.3) Sensor Heaters: (A) The OBD II system shall detect a malfunction of the heater performance when the current or voltage drop in the heater circuit is no longer within the manufacturer's specified limits for normal operation (i.e., within the criteria required to be met by the component vendor for heater circuit performance at high mileage). Subject to Executive Officer approval, other malfunction criteria for heater performance malfunctions may be used upon the Executive Officer determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate the monitoring reliability and timeliness to be equivalent to the stated criteria in section (e)(7.2.3)(A). (B) The OBD II system shall detect malfunctions of the heater circuit including open or short circuits that conflict with the commanded state of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground), etc.). (7.3) Monitoring Conditions: (7.3.1) Primary Sensors (A) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (e)(7.2.1)(A) and (D) (e.g., proper response rate) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.2), all monitors used to detect malfunctions identified in sections (e)(7.2.1)(A) and (D) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (B) Except as provided in section (e)(7.3.1)(C), monitoring for malfunctions identified in sections (e)(7.2.1)(B) and (C) (i.e., circuit continuity, out-of-range, and open-loop malfunctions) shall be: (i) Conducted in accordance with title 13, CCR section 1968.1 for Low Emission Vehicle I applications and 2004 and 2005 model year Low Emission Vehicle II applications; (ii) Conducted continuously for all 2006 and subsequent model year Low Emission Vehicle II applications. (C) A manufacturer may request Executive Officer approval to disable continuous oxygen sensor monitoring when an oxygen sensor malfunction cannot be distinguished from other effects (e.g., disable out-of-range low monitoring during fuel cut conditions). The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection. (7.3.2) Secondary Sensors (A) Manufacturers shall define monitoring conditions for malfunctions identified in sections (e)(7.2.2)(A), (B), and (C) (e.g., proper sensor activity) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (B) Except as provided in section (e)(7.3.2)(C), monitoring for malfunctions identified in section (e)(7.2.2)(D) (i.e., out-of-range malfunctions) shall be: (i) Conducted in accordance with title 13, CCR section 1968.1 for Low Emission Vehicle I applications and 2004 and 2005 model year Low Emission Vehicle II applications; (ii) Conducted continuously for all 2006 and subsequent model year Low Emission Vehicle II applications. (C) A manufacturer may request Executive Officer approval to disable continuous oxygen sensor monitoring when an oxygen sensor malfunction cannot be distinguished from other effects (e.g., disable out-of-range low monitoring during fuel cut conditions). The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection. (7.3.3) Sensor Heaters (A) Manufacturers shall define monitoring conditions for malfunctions identified in section (e) (7.2.3)(A) (e.g., sensor heater performance) in accordance sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (B) Monitoring for malfunctions identified in section (e)(7.2.3)(B) (e.g., circuit malfunctions) shall be: (i) Conducted in accordance with title 13, CCR section 1968.1 for 2004 and 2005 model year vehicles; (ii) Conducted continuously for all 2006 and subsequent model year vehicles. (7.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (8) Exhaust Gas Recirculation (EGR) System Monitoring (8.1) Requirement: The OBD II system shall monitor the EGR system on vehicles so-equipped for low and high flow rate malfunctions. The individual electronic components (e.g., actuators, valves, sensors, etc.) that are used in the EGR system shall be monitored in accordance with the comprehensive component requirements in section (e)(16). (8.2) Malfunction Criteria: (8.2.1) The OBD II system shall detect a malfunction of the EGR system prior to an increase or decrease from the manufacturer's specified EGR flow rate that would cause a vehicle's emissions to exceed 1.5 times any of the applicable FTP standards. (8.2.2) For vehicles in which no failure or deterioration of the EGR system could result in a vehicle's emissions exceeding 1.5 times any of the applicable standards, the OBD II system shall detect a malfunction when the system has no detectable amount of EGR flow. (8.3) Monitoring Conditions: (8.3.1) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(8.2) (e.g., flow rate) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.2), all monitors used to detect malfunctions identified in section (e)(8.2) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (8.3.2) Manufacturers may request Executive Officer approval to temporarily disable the EGR system check under specific conditions (e.g., when freezing may affect performance of the system). The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation which demonstrate that a reliable check cannot be made when these conditions exist. (8.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (9) Positive Crankcase Ventilation (PCV) System Monitoring (9.1) Requirement: (9.1.1) On all 2004 and subsequent model year vehicles, manufacturers shall monitor the PCV system on vehicles so-equipped for system integrity. A manufacturer may use an alternate phase-in schedule in lieu of meeting the requirements of section (e)(9) on all 2004 model year vehicles if the alternate phase-in schedule provides for equivalent compliance volume (as defined in section (c)) to the phase-in schedule specified in title 13, CCR section 1968.1(b)(10.1). Vehicles not required to be equipped with PCV systems shall be exempt from monitoring of the PCV system. (9.1.2) For vehicles with diesel engines, the manufacturer shall submit a plan for Executive Officer approval of the monitoring strategy, malfunction criteria, and monitoring conditions prior to introduction on a production vehicle. Executive Officer approval shall be based on the effectiveness of the monitoring strategy to monitor the performance of the PCV system to the extent feasible with respect to the malfunction criteria in section (e)(9.2) below and the monitoring conditions required by the diagnostic. (9.2) Malfunction Criteria: (9.2.1) For the purposes of section (e)(9), "PCV system" is defined as any form of crankcase ventilation system, regardless of whether it utilizes positive pressure. "PCV valve" is defined as any form of valve or orifice used to restrict or control crankcase vapor flow. Further, any additional external PCV system tubing or hoses used to equalize crankcase pressure or to provide a ventilation path between various areas of the engine (e.g., crankcase and valve cover) are considered part of the PCV system "between the crankcase and the PCV valve" and subject to the malfunction criteria in section (e)(9.2.2) below. (9.2.2) Except as provided below, the OBD II system shall detect a malfunction of the PCV system when a disconnection of the system occurs between either the crankcase and the PCV valve, or between the PCV valve and the intake manifold. (9.2.3) If the PCV system is designed such that the PCV valve is fastened directly to the crankcase in a manner which makes it significantly more difficult to remove the valve from the crankcase rather than disconnect the line between the valve and the intake manifold (taking aging effects into consideration), the Executive Officer shall exempt the manufacturer from detection of disconnection between the crankcase and the PCV valve. (9.2.4) Subject to Executive Officer approval, system designs that utilize tubing between the valve and the crankcase shall also be exempted from the portion of the monitoring requirement for detection of disconnection between the crankcase and the PCV valve. The manufacturer shall file a request and submit data and/or engineering evaluation in support of the request. The Executive Officer shall approve the request upon determining that the connections between the valve and the crankcase are: (i) resistant to deterioration or accidental disconnection, (ii) significantly more difficult to disconnect than the line between the valve and the intake manifold, and (iii) not subject to disconnection per manufacturer's repair procedures for non-PCV system repair work. (9.2.5) Manufacturers are not required to detect disconnections between the PCV valve and the intake manifold if said disconnection (1) causes the vehicle to stall immediately during idle operation; or (2) is unlikely to occur due to a PCV system design that is integral to the induction system (e.g., machined passages rather than tubing or hoses). (9.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(9.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (9.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). The stored fault code need not specifically identify the PCV system (e.g., a fault code for idle speed control or fuel system monitoring can be stored) if the manufacturer demonstrates that additional monitoring hardware would be necessary to make this identification, and provided the manufacturer's diagnostic and repair procedures for the detected malfunction include directions to check the integrity of the PCV system. (10) Engine Cooling System Monitoring (10.1) Requirement: (10.1.1) The OBD II system shall monitor the thermostat on vehicles so-equipped for proper operation. (10.1.2) The OBD II system shall monitor the engine coolant temperature (ECT) sensor for circuit continuity, out-of-range values, and rationality faults. (10.2) Malfunction Criteria: (10.2.1) Thermostat (A) The OBD II system shall detect a thermostat malfunction if, within an Executive Officer approved time interval after starting the engine, either of the following two conditions occur: (i) The coolant temperature does not reach the highest temperature required by the OBD II system to enable other diagnostics; (ii) The coolant temperature does not reach a warmed-up temperature within 20 degrees Fahrenheit of the manufacturer's nominal thermostat regulating temperature. Subject to Executive Officer approval, a manufacturer may utilize lower temperatures for this criterion upon the Executive Officer determining that the manufacturer has demonstrated that the fuel, spark timing, and/or other coolant temperature-based modifications to the engine control strategies would not cause an emission increase of 50 or more percent of any of the applicable standards (e.g., 50 degree Fahrenheit emission test, etc.). (B) Executive Officer approval of the time interval after engine start shall be granted upon determining that the data and/or engineering evaluation submitted by the manufacturer supports the specified times. (C) With Executive Officer approval, a manufacturer may use alternate malfunction criteria and/or monitoring conditions (see section (e)(10.3)) that are a function of temperature at engine start on vehicles that do not reach the temperatures specified in the malfunction criteria when the thermostat is functioning properly. Executive Officer approval shall be granted upon determining that the manufacturer has submitted data that demonstrate that a properly operating system does not reach the specified temperatures, that the monitor is capable of meeting the specified malfunction criteria at engine start temperatures greater than 50 <> F, and that the overall effectiveness of the monitor is comparable to a monitor meeting these thermostat monitoring requirements at lower temperatures. (D) With Executive Officer approval, manufacturers may omit this monitor. Executive Officer approval shall be granted upon determining that the manufacturer has demonstrated that a malfunctioning thermostat cannot cause a measurable increase in emissions during any reasonable driving condition nor cause any disablement of other monitors. (10.2.2) ECT Sensor (A) Circuit Continuity. The OBD II system shall detect a malfunction when a lack of circuit continuity or out-of-range values occur. (B) Time to Reach Closed-Loop Enable Temperature. (i) The OBD II system shall detect a malfunction if the ECT sensor does not achieve the stabilized minimum temperature which is needed for the fuel control system to begin closed-loop operation (closed-loop enable temperature) within an Executive Officer approved time interval after starting the engine. For diesel applications, the minimum temperature needed for warmed-up fuel control to begin shall be used instead of the closed-loop enable temperature. (ii) The time interval shall be a function of starting ECT and/or a function of intake air temperature and, except as provided below in section (e)(10.2.2)(B)(iii), may not exceed: a. two minutes for engine start temperatures at or above 50 degrees Fahrenheit and five minutes for engine start temperatures at or above 20 degrees Fahrenheit and below 50 degrees Fahrenheit for Low Emission Vehicle I applications and 2004 and 2005 model year Low Emission Vehicle II applications; b. two minutes for engine start temperatures up to 15 degrees Fahrenheit below the closed-loop enable temperature and five minutes for engine start temperatures between 15 and 35 degrees Fahrenheit below the closed-loop enable temperature for all 2006 and subsequent model year Low Emission Vehicle II applications. (iii) Executive Officer approval of the time interval shall be granted upon determining that the data and/or engineering evaluation submitted by the manufacturer supports the specified times. The Executive Officer shall allow longer time intervals upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that the vehicle requires a longer time to warm up under normal conditions. (iv) The Executive Officer shall exempt manufacturers from the requirement of section (e)(10.2.2)(B) if the manufacturer does not utilize ECT to enable closed loop fuel control. (C) Stuck in Range Below the Highest Minimum Enable Temperature. To the extent feasible when using all available information, the OBD II system shall detect a malfunction if the ECT sensor inappropriately indicates a temperature below the highest minimum enable temperature required by the OBD II system to enable other diagnostics (e.g., an OBD II system that requires ECT to be greater than 140 degrees Fahrenheit to enable a diagnostic must detect malfunctions that cause the ECT sensor to inappropriately indicate a temperature below 140 degrees Fahrenheit). Manufacturers are exempted from this requirement for temperature regions in which the monitors required under sections (e)(10.2.1) or (e)(10.2.2)(B) will detect ECT sensor malfunctions as defined in section (e)(10.2.2)(C). (D) Stuck in Range Above the Lowest Maximum Enable Temperature. (i) To the extent feasible when using all available information, the OBD II system shall detect a malfunction if the ECT sensor inappropriately indicates a temperature above the lowest maximum enable temperature required by the OBD II system to enable other diagnostics (e.g., an OBD II system that requires ECT to be less than 90 degrees Fahrenheit at engine start to enable a diagnostic must detect malfunctions that cause the ECT sensor to inappropriately indicate a temperature above 90 degrees Fahrenheit). (ii) Manufacturers are exempted from this requirement for temperature regions in which the monitors required under sections (e)(10.2.1), (e)(10.2.2)(B), or (e)(10.2.2)(C) (i.e., ECT sensor or thermostat malfunctions) will detect ECT sensor malfunctions as defined in section (e)(10.2.2)(D) or in which the MIL will be illuminated under the requirements of section (d)(2.1.3) for default mode operation (e.g., overtemperature protection strategies). (iii) For Low Emission Vehicle I applications and 2004 and 2005 model year Low Emission Vehicle II applications only, manufacturers are also exempted from the requirements of section (e)(10.2.2)(D) for vehicles that have a temperature gauge (not a warning light) on the instrument panel and utilize the same ECT sensor for input to the OBD II system and the temperature gauge. (iv) For 2006 and subsequent model year Low Emission Vehicle II applications, manufacturers are also exempted from the requirements of section (e)(10.2.2)(D) for temperature regions where the temperature gauge indicates a temperature in the red zone (engine overheating zone) for vehicles that have a temperature gauge (not a warning light) on the instrument panel and utilize the same ECT sensor for input to the OBD II system and the temperature gauge. (10.3) Monitoring Conditions: (10.3.1) Thermostat (A) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(10.2.1)(A) in accordance with section (d)(3.1). Additionally, except as provided for in sections (e)(10.3.1)(B) and (C), monitoring for malfunctions identified in section (e)(10.2.1)(A) shall be conducted once per driving cycle on every driving cycle in which the ECT sensor indicates, at engine start, a temperature lower than the temperature established as the malfunction criteria in section (e)(10.2.1)(A). (B) Manufacturers may disable thermostat monitoring at ambient starting temperatures below 20 degrees Fahrenheit. (C) Manufacturers may request Executive Officer approval to suspend or disable thermostat monitoring if the vehicle is subjected to conditions which could lead to false diagnosis (e.g., vehicle operation at idle for more than 50 percent of the warm-up time, hot restart conditions, etc.). In general, the Executive Officer shall not approve disablement of the monitor on engine starts where the ECT at engine start is more than 35 degrees Fahrenheit lower than the thermostat malfunction threshold temperature determined under section (e)(10.2.1)(A). The Executive Officer shall approve the request upon determining that the manufacturer has provided data and/or engineering analysis that demonstrate the need for the request. (10.3.2) ECT Sensor (A) Except as provided below in section (e)(10.3.2)(E), monitoring for malfunctions identified in section (e)(10.2.2)(A) (i.e., circuit continuity and out of range) shall be conducted continuously. (B) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(10.2.2)(B) in accordance with section (d)(3.1). Additionally, except as provided for in section (e)(10.3.2)(D), monitoring for malfunctions identified in section (e)(10.2.2)(B) shall be conducted once per driving cycle on every driving cycle in which the ECT sensor indicates a temperature lower than the closed loop enable temperature at engine start (i.e., all engine start temperatures greater than the ECT sensor out of range low temperature and less than the closed loop enable temperature). (C) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (e)(10.2.2)(C) and (D) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (D) Manufacturers may suspend or delay the time to reach closed loop enable temperature diagnostic if the vehicle is subjected to conditions which could lead to false diagnosis (e.g., vehicle operation at idle for more than 50 to 75 percent of the warm-up time). (E) A manufacturer may request Executive Officer approval to disable continuous ECT sensor monitoring when an ECT sensor malfunction cannot be distinguished from other effects. The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or engineering evaluation that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection. (10.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (11) Cold Start Emission Reduction Strategy Monitoring (11.1) Requirement: (11.1.1) For all 2006 and subsequent model year Low Emission Vehicle II applications, if a vehicle incorporates a specific engine control strategy to reduce cold start emissions, the OBD II system shall monitor the key control or feedback parameters (e.g., engine speed, mass air flow, ignition timing, etc.), other than secondary air, while the control strategy is active to ensure proper operation of the control strategy. Secondary air systems shall be monitored under the provisions of section (e)(5). (11.1.2) In lieu of meeting the requirements of section (e)(11) on all 2006 and subsequent model year Low Emission Vehicle II applications, a manufacturer may phase in the requirements on a portion of its Low Emission Vehicle II applications as long as that portion of Low Emission Vehicle II applications comprises at least 30 percent of all 2006 model year vehicles, 60 percent of all 2007 model year vehicles, and 100 percent of all 2008 and subsequent model year vehicles. (11.2) Malfunction Criteria: (11.2.1) The OBD II system shall detect a malfunction prior to any failure or deterioration of the individual components associated with the cold start emission reduction control strategy that would cause a vehicle's emissions to exceed 1.5 times the applicable FTP standards. Manufacturers shall: (A) Establish the malfunction criteria based on data from one or more representative vehicle(s). (B) Provide an engineering evaluation for establishing the malfunction criteria for the remainder of the manufacturer's product line. The Executive Officer shall waive the evaluation requirement each year if, in the judgement of the Executive Officer, technological changes do not affect the previously determined malfunction criteria. (11.2.2) For components where no failure or deterioration of the component used for the cold start emission reduction strategy could result in a vehicle's emissions exceeding 1.5 times the applicable standards, the individual component shall be monitored for proper functional response in accordance with the malfunction criteria in section (e)(16.2) while the control strategy is active. (11.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(11.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (11.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (12) Air Conditioning (A/C) System Component Monitoring (12.1) Requirement: If a vehicle incorporates an engine control strategy that alters off-idle fuel and/or spark control when the A/C system is on, the OBD II system shall monitor all electronic air conditioning system components for malfunctions that cause the system to fail to invoke the alternate control while the A/C system is on or cause the system to invoke the alternate control while the A/C system is off. Additionally, the OBD II system shall monitor for malfunction all electronic air conditioning system components that are used as part of the diagnostic strategy for any other monitored system or component. The requirements of section (e)(12) shall be phased in as follows: 30 percent of all 2006 model year vehicles, 60 percent of all 2007 model year vehicles, and 100 percent of all 2008 and subsequent model year vehicles. (12.2) Malfunction Criteria: (12.2.1) The OBD II system shall detect a malfunction prior to any failure or deterioration of an electronic component of the air conditioning system that would cause a vehicle's emissions to exceed 1.5 times any of the appropriate applicable emission standards or would, through software, effectively disable any other monitored system or component covered by this regulation. For malfunctions that result in the alternate control being erroneously invoked while the A/C system is off, the appropriate emission standards shall be the FTP standards. For malfunctions that result in the alternate control failing to be invoked while the A/C system is on, the appropriate emission standards shall be the SC03 emission standards. (12.2.2) If no single electronic component failure or deterioration causes emissions to exceed 1.5 times any of the appropriate applicable emission standards as defined above in section (e)(12.2.1) nor is used as part of the diagnostic strategy for any other monitored system or component, manufacturers are not required to monitor any air conditioning system component for purposes of section (e)(12). (12.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(12.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (12.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (13) Variable Valve Timing and/or Control (VVT) System Monitoring (13.1) Requirement: On all 2006 and subsequent model year Low Emission Vehicle II applications, the OBD II system shall monitor the VVT system on vehicles so-equipped for target error and slow response malfunctions. The individual electronic components (e.g., actuators, valves, sensors, etc.) that are used in the VVT system shall be monitored in accordance with the comprehensive components requirements in section (e)(16). VVT systems on Low Emission Vehicle I applications and 2004 and 2005 model year Low Emission Vehicle II applications shall be monitored in accordance with the comprehensive components requirements in section (e)(16). (13.2) Malfunction Criteria: (13.2.1) Target Error. The OBD II system shall detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a crank angle and/or lift tolerance that would cause a vehicle's emissions to exceed 1.5 times any of the applicable FTP standards. (13.2.2) Slow Response. The OBD II system shall detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a time that would cause a vehicle's emissions to exceed 1.5 times any of the applicable FTP standards. (13.2.3) For vehicles in which no failure or deterioration of the VVT system could result in a vehicle's emissions exceeding 1.5 times any of the applicable standards, the VVT system shall be monitored for proper functional response in accordance with the malfunction criteria in section (e)(16.2). (13.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for VVT system malfunctions identified in section (e)(13.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). Additionally, manufacturers shall track and report VVT system monitor performance under section (d)(3.2.2). For purposes of tracking and reporting as required in section (d)(3.2.2), all monitors used to detect malfunctions identified in section (e)(13.2) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (13.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (14) Direct Ozone Reduction (DOR) System Monitoring (14.1) Requirement: (14.1.1) The OBD II system shall monitor the DOR system on vehicles so-equipped for malfunctions that reduce the ozone reduction performance of the system. (14.1.2) For 2003, 2004, and 2005 model year vehicles subject to the malfunction criteria of section (e)(14.2.1) below, manufacturers may request to be exempted from DOR system monitoring. The Executive Officer shall approve the exemption upon the manufacturer: (A) Agreeing that the DOR system receive only 50 percent of the NMOG credit assigned to the DOR system as calculated under Air Resources Board (ARB) Manufacturers Advisory Correspondence (MAC) No. 99-06, December 20, 1999, which is hereby incorporated by reference herein. (B) Identifying the DOR system component(s) as an emission control device on both the underhood emission control label and a separate label as specified below. The DOR system shall be included in the list of emission control devices on the underhood emission control label and be identified as a "DOR system" or other equivalent term from SAE J1930 "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms - Equivalent to ISO/TR 15031- 2:April 30, 2002 (SAE 1930)", incorporated by reference. A separate label shall be located on or near the DOR system component(s) in a location that is visible to repair technicians prior to the removal of any parts necessary to replace the DOR system component(s) and shall identify the components as a "DOR system" or other equivalent SAE J1930 term. (14.2) Malfunction Criteria: (14.2.1) For vehicles in which the NMOG credit assigned to the DOR system, as calculated in accordance with ARB MAC No. 99-06, is less than or equal to 50 percent of the applicable FTP NMOG standard, the OBD II system shall detect a malfunction when the DOR system has no detectable amount of ozone reduction. (14.2.2) For vehicles in which the NMOG credit assigned to the DOR system, as calculated in accordance with ARB MAC No. 99-06, is greater than 50 percent of the applicable FTP NMOG standard, the OBD II system shall detect a malfunction when the ozone reduction performance of the DOR system deteriorates to a point where the difference between the NMOG credit assigned to the properly operating DOR system and the NMOG credit calculated for a DOR system performing at the level of the malfunctioning system exceeds 50 percent of the applicable FTP NMOG standard. (14.2.3) For vehicles equipped with a DOR system, the manufacturer may modify any of the applicable NMOG malfunction criteria in sections (e)(1)-(3), (e)(5)- (8), (e)(11)-(e)(13), and (e)(17) by adding the NMOG credit received by the DOR system to the required NMOG malfunction criteria (e.g., a malfunction criteria of 1.5 x NMOG standard would be modified to (1.5 x NMOG standard) + DOR system NMOG credit). (14.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(14.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (14.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (15) Particulate Matter (PM) Trap Monitoring (15.1) Requirement: On all 2004 and subsequent model year diesel passenger cars, light-duty trucks, and medium-duty passenger vehicles (see section (c)) and all 2005 and subsequent model year diesel medium-duty vehicles, manufacturers shall monitor the PM trap on vehicles so-equipped for proper performance. (15.2) Malfunction Criteria: (15.2.1) For 2004 and subsequent model year diesel passenger cars, light-duty trucks, and medium-duty passenger vehicles certified to a chassis dynamometer tailpipe standard, the OBD II system shall detect a malfunction prior to a decrease in the capability of the PM trap that would cause a vehicle's emissions to exceed 1.5 times the applicable standards. (15.2.2) For 2005 and 2006 model year diesel medium-duty vehicles (including medium-duty passenger vehicles certified to an engine dynamometer tailpipe standard), the OBD II system shall detect a malfunction of the PM trap when catastrophic failure occurs. The Executive Officer shall exempt vehicles from this PM trap monitoring requirement upon determining that the manufacturer has demonstrated with data and/or engineering evaluation that catastrophic failure of the PM trap will not cause emissions to exceed 1.5 times the applicable standards. (15.2.3) For 2007 and subsequent model year diesel medium-duty vehicles, the OBD II system shall detect a malfunction prior to a decrease in the capability of the PM trap that would cause a vehicle's emissions to exceed 1.5 times the applicable standards. (15.2.4) For vehicles subject to the malfunction criteria in sections (e)(15.2.1) or (15.2.3) above, if no failure or deterioration of the PM trap could result in a vehicle's emissions exceeding 1.5 times any of the applicable standards, the OBD II system shall detect a malfunction when catastrophic failure of the PM trap occurs. (15.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(15.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (15.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (16) Comprehensive Component Monitoring (16.1) Requirement: (16.1.1) Except as provided in section (e)(16.1.3) and (e)(17), the OBD II system shall monitor for malfunction any electronic powertrain component/system not otherwise described in sections (e)(1) through (e)(15) that either provides input to (directly or indirectly) or receives commands from the on-board computer(s), and: (1) can affect emissions during any reasonable in-use driving condition, or (2) is used as part of the diagnostic strategy for any other monitored system or component. (A) Input Components: Input components required to be monitored may include the vehicle speed sensor, crank angle sensor, knock sensor, throttle position sensor, cam position sensor, fuel composition sensor (e.g. flexible fuel vehicles), and transmission electronic components such as sensors, modules, and solenoids which provide signals to the powertrain control system. (B) Output Components/Systems: Output components/systems required to be monitored may include the idle speed control system, automatic transmission solenoids or controls, variable length intake manifold runner systems, supercharger or turbocharger electronic components, heated fuel preparation systems, the wait-to-start lamp on diesel applications, and a warm-up catalyst bypass valve. (16.1.2) For purposes of criteria (1) in section (e)(16.1.1) above, the manufacturer shall determine whether a powertrain input or output component/system can affect emissions. If the Executive Officer reasonably believes that a manufacturer has incorrectly determined that a component/system cannot affect emissions, the Executive Officer shall require the manufacturer to provide emission data showing that the component/system, when malfunctioning and installed in a suitable test vehicle, does not have an emission effect. Emission data may be requested for any reasonable driving condition. (16.1.3) Manufacturers shall monitor for malfunction electronic powertrain input or output components/systems associated with an electronic transfer case only if the transfer case component or system is used as part of the diagnostic strategy for any other monitored system or component. (16.2) Malfunction Criteria: (16.2.1) Input Components: (A) The OBD II system shall detect malfunctions of input components caused by a lack of circuit continuity, out of range values, and, where feasible, rationality faults. To the extent feasible, the rationality fault diagnostics shall verify that a sensor output is neither inappropriately high nor inappropriately low (e.g., "two-sided" diagnostics). (B) To the extent feasible on all 2005 and subsequent model year vehicles, rationality faults shall be separately detected and store different fault codes than the respective lack of circuit continuity and out of range diagnostics. Additionally, input component lack of circuit continuity and out of range faults shall be separately detected and store different fault codes for each distinct malfunction (e.g., out-of-range low, out-of-range high, open circuit, etc.). Manufacturers are not required to store separate fault codes for lack of circuit continuity faults that cannot be distinguished from other out-of-range circuit faults. (C) For vehicles that require precise alignment between the camshaft and the crankshaft, the OBD II system shall monitor the crankshaft position sensor(s) and camshaft position sensor(s) to verify proper alignment between the camshaft and crankshaft in addition to monitoring the sensors for circuit continuity and rationality malfunctions. Proper alignment monitoring between a camshaft and a crankshaft shall only be required in cases where both are equipped with position sensors. For 2006 and subsequent model year Low Emission Vehicle II applications equipped with VVT systems and a timing belt or chain, the OBD II system shall detect a malfunction if the alignment between the camshaft and crankshaft is off by one or more cam/crank sprocket cogs (e.g., the timing belt/chain has slipped by one or more teeth/cogs). If a manufacturer demonstrates that a single tooth/cog misalignment cannot cause a measurable increase in emissions during any reasonable driving condition, the manufacturer shall detect a malfunction when the minimum number of teeth/cogs misalignment needed to cause a measurable emission increase has occurred. For the 2006 through 2008 model years only, a manufacturer may also request Executive Officer approval to use a larger threshold than one tooth/cog. The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated that hardware modifications are necessary to meet the one tooth/cog threshold and that further software modifications are not able to reduce the larger threshold. (16.2.2) Output Components/Systems: (A) The OBD II system shall detect a malfunction of an output component/system when proper functional response of the component and system to computer commands does not occur. If a functional check is not feasible, the OBD II system shall detect malfunctions of output components/systems caused by a lack of circuit continuity or circuit fault (e.g., short to ground or high voltage). For output component lack of circuit continuity faults and circuit faults, manufacturers are not required to store different fault codes for each distinct malfunction (e.g., open circuit, shorted low, etc.). Manufacturers are not required to activate an output component/system when it would not normally be active exclusively for the purposes of performing functional monitoring of output components/systems as required in section (e)(16). (B) The idle speed control system shall be monitored for proper functional response to computer commands. For strategies based on deviation from target idle speed, a malfunction shall be detected when either of the following conditions occur: (i) The idle speed control system cannot achieve the target idle speed within 200 revolutions per minute (rpm) above the target speed or 100 rpm below the target speed. The Executive Officer shall allow larger engine speed tolerances upon determining that a manufacturer has submitted data and/or an engineering evaluation which demonstrate that the tolerances can be exceeded without a malfunction being present. (ii) The idle speed control system cannot achieve the target idle speed within the smallest engine speed tolerance range required by the OBD II system to enable any other monitors. (C) Glow plugs shall be monitored for proper functional response to computer commands. The glow plug circuit(s) shall be monitored for proper current and voltage drop. The Executive Officer shall approve other monitoring strategies based on manufacturer's data and/or engineering analysis demonstrating equally reliable and timely detection of malfunctions. Manufacturers shall detect a malfunction when a single glow plug no longer operates within the manufacturer's specified limits for normal operation. If a manufacturer demonstrates that a single glow plug failure cannot cause a measurable increase in emissions during any reasonable driving condition, the manufacturer shall detect a malfunction for the minimum number of glow plugs needed to cause an emission increase. Further, to the extent feasible on existing engine designs (without adding additional hardware for this purpose) and on all new design engines, the stored fault code shall identify the specific malfunctioning glow plug(s). (16.3) Monitoring Conditions: (16.3.1) Input Components: (A) Except as provided in section (e)(16.3.1)(C), input components shall be monitored continuously for proper range of values and circuit continuity. (B) For rationality monitoring (where applicable): (i) For 2004 model year vehicles, manufacturers shall define the monitoring conditions for detecting malfunctions in accordance with section (d)(3.1). (ii) For 2005 and subsequent model year vehicles, manufacturers shall define the monitoring conditions for detecting malfunctions in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that rationality monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). (C) A manufacturer may request Executive Officer approval to disable continuous input component proper range of values or circuit continuity monitoring when a malfunction cannot be distinguished from other effects. The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning input component cannot be distinguished from a malfunctioning input component and that the disablement interval is limited only to that necessary for avoiding false detection. (16.3.2) Output Components/Systems: (A) Except as provided in section (e)(16.3.2)(D), monitoring for circuit continuity and circuit faults shall be conducted continuously. (B) Except as provided in section (e)(16.3.2)(C), for functional monitoring, manufacturers shall define the monitoring conditions for detecting malfunctions in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (C) For the idle speed control system on all 2005 and subsequent model year vehicles, manufacturers shall define the monitoring conditions for functional monitoring in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that functional monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). (D) A manufacturer may request Executive Officer approval to disable continuous output component circuit continuity or circuit fault monitoring when a malfunction cannot be distinguished from other effects. The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning output component cannot be distinguished from a malfunctioning output component and that the disablement interval is limited only to that necessary for avoiding false detection. (16.4) MIL Illumination and Fault Code Storage: (16.4.1) Except as provided in section (e)(16.4.2) below, general requirements for MIL illumination and fault code storage are set forth in section (d)(2). (16.4.2) Exceptions to general requirements for MIL illumination. MIL illumination is not required in conjunction with storing a confirmed fault code for any comprehensive component if: (A) the component or system, when malfunctioning, could not cause vehicle emissions to increase by: (i) 25 percent or more of the FTP standard for PC/LDT SULEV II vehicles, or (ii) 15 percent or more of the FTP standard for all other vehicles, and (B) the component or system is not used as part of the diagnostic strategy for any other monitored system or component. (17) Other Emission Control or Source System Monitoring (17.1) Requirement: For other emission control or source systems that are: (1) not identified or addressed in sections (e)(1) through (e)(16) (e.g., hydrocarbon traps, NOx storage devices, fuel-fired passenger compartment heaters, etc.), or (2) identified or addressed in section (e)(16) but not corrected or compensated for by the adaptive fuel control system (e.g., swirl control valves), manufacturers shall submit a plan for Executive Officer approval of the monitoring strategy, malfunction criteria, and monitoring conditions prior to introduction on a production vehicle. Executive Officer approval shall be based on the effectiveness of the monitoring strategy, the malfunction criteria utilized, the monitoring conditions required by the diagnostic, and, if applicable, the determination that the requirements of section (e)(17.3) below are satisfied. (17.2) For purposes of section (e)(17), emission source systems are components or devices that emit pollutants subject to vehicle evaporative and exhaust emission standards (e.g., NMOG, CO, NOx, PM, etc.) and include non-electronic components and non-powertrain components (e.g., fuel-fired passenger compartment heaters, on-board reformers, etc.). (17.3) Except as provided below in this paragraph, for 2005 and subsequent model year vehicles that utilize emission control systems that alter intake air flow or cylinder charge characteristics by actuating valve(s), flap(s), etc. in the intake air delivery system (e.g., swirl control valve systems), the manufacturers, in addition to meeting the requirements of section (e)(17.1) above, may elect to have the OBD II system monitor the shaft to which all valves in one intake bank are physically attached in lieu of monitoring the intake air flow, cylinder charge, or individual valve(s)/flap(s) for proper functional response. For non-metal shafts or segmented shafts, the monitor shall verify all shaft segments for proper functional response (e.g., by verifying the segment or portion of the shaft furthest from the actuator properly functions). For systems that have more than one shaft to operate valves in multiple intake banks, manufacturers are not required to add more than one set of detection hardware (e.g., sensor, switch, etc.) per intake bank to meet this requirement. Vehicles utilizing these emission control systems designed and certified for 2004 or earlier model year vehicles and carried over to the 2005 through 2008 model year shall be not be required to meet the provisions of section (e)(17.3) until the engine or intake air delivery system is redesigned. (18) Exceptions to Monitoring Requirements (18.1) Except as provided in sections (e)(18.1.1) through (18.1.3) below, upon request of a manufacturer or upon the best engineering judgment of the ARB, the Executive Officer may revise the emission threshold for a malfunction on any check on a Low Emission Vehicle I application or Low Emission Vehicle II application if the most reliable monitoring method developed requires a higher threshold to prevent significant errors of commission in detecting a malfunction. (18.1.1) For PC/LDT SULEV II vehicles, the Executive Officer shall approve a malfunction criteria of 2.5 times the applicable FTP standards in lieu of 1.5 wherever required in section (e). (18.1.2) For 2004 model year PC/LDT SULEV II vehicles only, the Executive Officer shall approve monitors with thresholds that exceed 2.5 times the applicable FTP standard if the manufacturer demonstrates that a higher threshold is needed given the state of development of the vehicle and that the malfunction criteria and monitoring approach and technology (e.g., fuel system limits, percent misfire, monitored catalyst volume, etc.) are at least as stringent as comparable ULEV (not ULEV II) vehicles. (18.1.3) For vehicles certified to Federal Bin 3 or Bin 4 emission standards, manufacturers shall utilize the ULEV II vehicle NMOG and CO malfunction criteria (e.g., 1.5 times the Bin 3 or Bin 4 NMOG and CO standards) and the PC/LDT SULEV II vehicle NOx malfunction criteria (e.g., 2.5 times the Bin 3 or Bin 4 NOx standards). (18.2) Whenever the requirements in section (e) of this regulation require a manufacturer to meet a specific phase-in schedule (e.g., (e)(11) cold start emission reduction strategy monitoring requires 30 percent in 2006 model year, 60 percent in 2007 model year, and 100 percent in 2008 model year): (18.2.1) The phase-in percentages shall be based on the manufacturer's projected sales volume for all vehicles subject to the requirements of title 13, CCR section 1968.2 unless specifically stated otherwise in section (e). (18.2.2) Manufacturers may use an alternate phase-in schedule in lieu of the required phase-in schedule if the alternate phase-in schedule provides for equivalent compliance volume as defined in section (c) except as specifically noted for the phase in of in-use monitor performance ratio monitoring conditions in section (d)(3.2). (18.2.3) Small volume manufacturers may use an alternate phase-in schedule in accordance with section (e)(18.2.2) in lieu of the required phase-in schedule or may meet the requirement on all vehicles by the final year of the phase-in in lieu of meeting the specific phase-in requirements for each model year (e.g., in the example in section (e)(18.2), small volume manufacturers are required to meet 100% in the 2008 model year for cold start emission reduction strategy monitoring, but not 30% in the 2006 model year or 60% in the 2007 model year). (18.3) Manufacturers may request Executive Officer approval to disable an OBD II system monitor at ambient engine starting temperatures below twenty degrees Fahrenheit (20 <> F) (low ambient temperature conditions may be determined based on intake air or engine coolant temperature at engine starting) or at elevations above 8000 feet above sea level. The Executive Officer shall approve the request upon determining that the manufacturer has provided data and/or an engineering evaluation that demonstrate that monitoring during the conditions would be unreliable. A manufacturer may further request, and the Executive Officer shall approve, that an OBD II system monitor be disabled at other ambient engine starting temperatures upon determining that the manufacturer has demonstrated with data and/or an engineering evaluation that misdiagnosis would occur at the ambient temperatures because of its effect on the component itself (e.g., component freezing). (18.4) Manufacturers may request Executive Officer approval to disable monitoring systems that can be affected by low fuel level or running out of fuel (e.g., misfire detection) when the fuel level is 15 percent or less of the nominal capacity of the fuel tank. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that monitoring at the fuel levels would be unreliable. (18.5) Manufacturers may disable monitoring systems that can be affected by vehicle battery or system voltage levels. (18.5.1) For monitoring systems affected by low vehicle battery or system voltages, manufacturers may disable monitoring systems when the battery or system voltage is below 11.0 Volts. Manufacturers may request Executive Officer approval to utilize a voltage threshold higher than 11.0 Volts to disable system monitoring. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that monitoring at the voltages would be unreliable and that either operation of a vehicle below the disablement criteria for extended periods of time is unlikely or the OBD II system monitors the battery or system voltage and will detect a malfunction at the voltage used to disable other monitors. (18.5.2) For monitoring systems affected by high vehicle battery or system voltages, manufacturers may request Executive Officer approval to disable monitoring systems when the battery or system voltage exceeds a manufacturer-defined voltage. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that monitoring above the manufacturer-defined voltage would be unreliable and that either the electrical charging system/alternator warning light is illuminated (or voltage gauge is in the "red zone") or that the OBD II system monitors the battery or system voltage and will detect a malfunction at the voltage used to disable other monitors. (18.6) A manufacturer may disable affected monitoring systems in vehicles designed to accommodate the installation of Power Take-Off (PTO) units (as defined in section (c)), provided disablement occurs only while the PTO unit is active, and the OBD II readiness status is cleared by the on-board computer (i.e., all monitors set to indicate "not complete") while the PTO unit is activated (see section (f)(4.1) below). If the disablement occurs, the readiness status may be restored to its state prior to PTO activation when the disablement ends. (18.7) A manufacturer may request Executive Officer approval to disable affected monitoring systems in vehicles equipped with tire pressure monitoring systems that cause a vehicle to enter a default mode of operation (e.g., reduced top speed) when a tire pressure problem is detected. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that the default mode can affect monitoring system performance, that the tire pressure monitoring system will likely result in action by the consumer to correct the problem, and that the disablement will not prevent or hinder effective testing in an Inspection and Maintenance program. (18.8) For 2004 model year vehicles certified to run on alternate fuels, manufacturers may request the Executive Officer to waive specific monitoring requirements in section (e) for which monitoring may not be reliable with respect to the use of alternate fuels. The Executive Officer shall grant the request upon determining that the manufacturer has demonstrated that the use of the alternate fuel could cause false illumination of the MIL even when using the best available monitoring technologies. (18.9) For 2004 model year vehicles only, wherever the requirements of section (e) (except for diesel catalyst (section (e)(1.5)) and particulate matter trap (section (e)(15)) monitoring) reflect a substantive change from the requirements of title 13, CCR section 1968.1(b) for 2003 model year vehicles, the manufacturer may request Executive Officer approval to continue to use the requirements of section 1968.1 in lieu of the requirements of section (e). The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or engineering evaluation that demonstrate that software or hardware changes would be required to comply with the requirements of section (e) and that the system complies with the requirements of section 1968.1(b). (f) Standardization Requirements (1) Reference Documents: The following Society of Automotive Engineers (SAE) and International Organization of Standards (ISO) documents are incorporated by reference into this regulation: (1.1) SAE J1930 "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms - Equivalent to ISO/TR 15031-2:April 30, 2002", April 2002 (SAE J1930). (1.2) SAE J1962 "Diagnostic Connector - Equivalent to ISO/DIS 15031-3:December 14, 2001", April 2002 (SAE J1962). (1.3) SAE J1978 "OBD II Scan Tool - Equivalent to ISO/DIS 15031-4:December 14, 2001", April 2002 (SAE J1978). (1.4) SAE J1979 "E/E Diagnostic Test Modes - Equivalent to ISO/DIS 15031- 5:April 30, 2002", April 2002 (SAE J1979). (1.5) SAE J1850 "Class B Data Communications Network Interface", May 2001 (SAE 1850). (1.6) SAE J2012 "Diagnostic Trouble Code Definitions - Equivalent to ISO/DIS 15031-6:April 30, 2002", April 2002 (SAE J2012). (1.7) ISO 9141-2:1994 "Road Vehicles-Diagnostic Systems-CARB Requirements for Interchange of Digital Information", February 1994 (ISO 9141-2). (1.8) ISO 14230-4:2000 "Road Vehicles-Diagnostic Systems-KWP 2000 Requirements for Emission-related Systems", June 2000 (ISO 14230-4). (1.9) ISO 15765-4:2001 "Road Vehicles-Diagnostics on Controller Area Network (CAN) - Part 4: Requirements for emission-related systems", December 2001 (ISO 15765-4). (1.10) SAE J1939 APR00-"Recommended Practice for a Serial Control and Communications Vehicle Network" and the associated subparts included in SAE HS-1939, "Truck and Bus Control and Communications Network Standards Manual", 2001 Edition (SAE J1939). (2) Diagnostic Connector: A standard data link connector conforming to SAE J1962 specifications (except as specified in section (f)(2.3)) shall be incorporated in each vehicle. (2.1) The connector shall be located in the driver's side foot-well region of the vehicle interior in the area bound by the driver's side of the vehicle and the driver's side edge of the center console (or the vehicle centerline if the vehicle does not have a center console) and at a location no higher than the bottom of the steering wheel when in the lowest adjustable position. The connector may not be located on or in the center console (i.e., neither on the horizontal faces near the floor-mounted gear selector, parking brake lever, or cup-holders nor on the vertical faces near the car stereo, climate system, or navigation system controls). The location of the connector shall be capable of being easily identified by a "crouched" technician entering the vehicle from the driver's side. (2.2) If the connector is covered, the cover must be removable by hand without the use of any tools and be labeled to aid technicians in identifying the location of the connector. Access to the diagnostic connector may not require opening or the removal of any storage accessory (e.g., ashtray, coinbox, etc.). The label shall be submitted to the Executive Officer for review and approval, at or before the time the manufacturer submits its certification application. The Executive Officer shall approve the label upon determining that it clearly identifies that the connector is located behind the cover and is consistent with language and/or symbols commonly used in the automotive industry. (2.3) Any pins in the connector that provide electrical power shall be properly fused to protect the integrity and usefulness of the connector for diagnostic purposes and may not exceed 20.0 Volts DC regardless of the nominal vehicle system or battery voltage (e.g., 12V, 24V, 42V, etc.). (3) Communications to a Scan Tool: Manufacturers shall use one of the following standardized protocols for communication of all required emission related messages from on-board to off-board network communications to a scan tool meeting SAE J1978 specifications: (3.1) SAE J1850. All required emission related messages using this protocol shall use the Cyclic Redundancy Check and the three byte header, may not use inter-byte separation or checksums, and may not require a minimum delay of 100 ms between SAE J1978 scan tool requests. This protocol may not be used on any 2008 or subsequent model year vehicle. (3.2) ISO 9141-2. This protocol may not be used on any 2008 or subsequent model year vehicle. (3.3) ISO 14230-4. This protocol may not be used on any 2008 or subsequent model year vehicle. (3.4) ISO 15765-4. This protocol shall be allowed on any 2003 and subsequent model year vehicle and required on all 2008 and subsequent model year vehicles. All required emission-related messages using this protocol shall use a 500 kbps baud rate. (4) Required Emission Related Functions: The following standardized functions shall be implemented in accordance with the specifications in SAE J1979 to allow for access to the required information by a scan tool meeting SAE J1978 specifications: (4.1) Readiness Status: In accordance with SAE J1979 specifications, the OBD II system shall indicate "complete" or "not complete" for each of the installed monitored components and systems identified in section (e)(1) through (e)(8) since the fault memory was last cleared. All components or systems that are monitored continuously shall always indicate "complete". Those components or systems that are not subject to continuous monitoring shall immediately indicate "complete" upon the respective diagnostic(s) being fully executed and determining that the component or system is not malfunctioning. A component or system shall also indicate "complete" if after the requisite number of decisions necessary for determining MIL status have been fully executed, the monitor indicates a malfunction for the component or system. The status for each of the monitored components or systems shall indicate "not complete" whenever fault memory has been cleared or erased by a means other than that allowed in section (d)(2). Normal vehicle shut down (i.e., key off, engine off) may not cause the status to indicate "not complete". (4.1.1) Subject to Executive Officer approval, if monitoring is disabled for a multiple number of driving cycles due to the continued presence of extreme operating conditions (e.g., cold ambient temperatures, high altitudes, etc), readiness status for the subject monitoring system may be set to indicate "complete" without monitoring having been completed. Executive Officer approval shall be based on the conditions for monitoring system disablement and the number of driving cycles specified without completion of monitoring before readiness is indicated as "complete". (4.1.2) For the evaporative system monitor: (A) Except as provided below in section (f)(4.1.2)(B), the readiness status shall be set in accordance with section (f)(4.1) when both the functional check of the purge valve and the leak detection monitor of the orifice size specified in either section (e)(4.2.2)(B) or (C) (e.g., 0.040 inch or 0.020 inch) indicate that they are complete. (B) For vehicles that utilize a 0.090 inch (in lieu of 0.040 inch) leak detection monitor in accordance with section (e)(4.2.5), the readiness status shall be set in accordance with section (f)(4.1) when both the functional check of the purge valve and the leak detection monitor of the orifice size specified in section (e)(4.2.2)(C) (e.g., 0.020 inch) indicate that they are complete. (4.1.3) If the manufacturer elects to additionally indicate readiness status through the MIL in the key on, engine off position as provided for in section (d)(2.1.4), the readiness status shall be indicated in the following manner: If the readiness status for all monitored components or systems is "complete", the MIL shall remain continuously illuminated in the key on, engine off position for at least 15-20 seconds. If the readiness status for one or more of the monitored components or systems is "not complete", after 15-20 seconds of operation in the key on, engine off position with the MIL illuminated continuously, the MIL shall blink once per second for 5-10 seconds. The data stream value for MIL status (section (f)(4.2)) shall indicate "commanded off" during this sequence unless the MIL has also been "commanded on" for a detected fault. (4.2) Data Stream: The following signals shall be made available on demand through the standardized data link connector in accordance with SAE J1979 specifications. The actual signal value shall always be used instead of a default or limp home value. (4.2.1) For all vehicles: calculated load value, number of stored confirmed fault codes, engine coolant temperature, engine speed, absolute throttle position (if equipped with a throttle), vehicle speed, and MIL status (i.e., commanded-on or commanded-off). (4.2.2) For all vehicles so equipped: fuel control system status (e.g., open loop, closed loop, etc.), fuel trim, fuel pressure, ignition timing advance, intake air temperature, manifold absolute pressure, air flow rate from mass air flow sensor, secondary air status (upstream, downstream, or atmosphere), oxygen sensor output, air/fuel ratio sensor output. (4.2.3) For all 2005 and subsequent model year vehicles using the ISO 15765-4 protocol for the standardized functions required in section (f), the following signals shall also be made available: absolute load, fuel level (if used to enable or disable any other diagnostics), relative throttle position (if equipped with a throttle), barometric pressure (directly measured or estimated), engine control module system voltage, commanded equivalence ratio, catalyst temperature (if directly measured or estimated for purposes of enabling the catalyst monitor(s)), monitor status (i.e., disabled for the rest of this driving cycle, complete this driving cycle, or not complete this driving cycle) since last engine shut-off for each monitor used for readiness status, time elapsed since engine start, distance traveled while MIL activated, distance traveled since fault memory last cleared, and number of warm-up cycles since fault memory last cleared. (4.2.4) For all 2005 and subsequent model year vehicles so equipped and using the ISO 15765-4 protocol for the standardized functions required in section (f): ambient air temperature, evaporative system vapor pressure, commanded purge valve duty cycle/position, commanded EGR valve duty cycle/position, EGR error between actual and commanded, PTO status (active or not active), redundant absolute throttle position (for electronic throttle or other systems that utilize two or more sensors), absolute pedal position, redundant absolute pedal position, and commanded throttle motor position. (4.3) Freeze Frame. (4.3.1) "Freeze frame" information required to be stored pursuant to sections (d)(2.2.4), (e)(3.4.3), and (e)(6.4.4) shall be made available on demand through the standardized data link connector in accordance with SAE J1979 specifications. (4.3.2) "Freeze frame" conditions must include the fault code which caused the data to be stored and all of the signals required in section (f)(4.2.1) except number of stored confirmed fault codes and MIL status. Freeze frame conditions shall also include all of the signals required on the vehicle in sections (f)(4.2.2) through (4.2.4) that are used for diagnostic or control purposes in the specific diagnostic or emission-critical powertrain control unit that stored the fault code except: oxygen sensor output, air/fuel ratio sensor output, catalyst temperature, evaporative system vapor pressure, monitor status since last engine shut off, distance traveled while MIL activated, distance traveled since fault memory last cleared, and number of warm-up cycles since fault memory last cleared. (4.3.3) Only one frame of data is required to be recorded. Manufacturers may choose to store additional frames provided that at least the required frame can be read by a scan tool meeting SAE J1978 specifications. (4.4) Fault Codes (4.4.1) For all monitored components and systems, stored pending and confirmed fault codes shall be made available through the diagnostic connector in accordance with SAE J1979 specifications. Standardized fault codes conforming to SAE J2012 shall be employed. (4.4.2) The stored fault code shall, to the fullest extent possible, pinpoint the likely cause of the malfunction. To the extent feasible on all 2005 and subsequent model year vehicles, manufacturers shall use separate fault codes for every diagnostic where the diagnostic and repair procedure or likely cause of the failure is different. In general, rationality and functional diagnostics shall use different fault codes than the respective circuit continuity diagnostics. Additionally, input component circuit continuity diagnostics shall use different fault codes for distinct malfunctions (e.g., out-of-range low, out-of-range high, open circuit, etc.). (4.4.3) Manufacturers shall use appropriate SAE-defined fault codes of SAE J2012 (e.g., P0xxx, P2xxx) whenever possible. With Executive Officer approval, manufacturers may use manufacturer-defined fault codes in accordance with SAE J2012 specifications (e.g., P1xxx). Factors to be considered by the Executive Officer for approval shall include the lack of available SAE-defined fault codes, uniqueness of the diagnostic or monitored component, expected future usage of the diagnostic or component, and estimated usefulness in providing additional diagnostic and repair information to service technicians. Manufacturer-defined fault codes shall be used consistently (i.e., the same fault code may not be used to represent two different failure modes) across a manufacturer's entire product line. (4.4.4) A fault code (pending and/or confirmed, as required in sections (d) and (e)) shall be stored and available to an SAE J1978 scan tool within 10 seconds after a diagnostic has determined that a malfunction has occurred. (4.4.5) Pending fault codes: (A) On all 2005 and subsequent model year vehicles, pending fault codes for all components and systems (including continuously and non-continuously monitored components) shall be made available through the diagnostic connector in accordance with SAE J1979 specifications (e.g., Mode/Service $07). (B) On all 2005 and subsequent model year vehicles, a pending fault code(s) shall be stored and available through the diagnostic connector for all currently malfunctioning monitored component(s) or system(s), regardless of the MIL illumination status or confirmed fault code status (e.g., even after a pending fault has matured to a confirmed fault code and the MIL is illuminated, a pending fault code shall be stored and available if the most recent monitoring event indicates the component is malfunctioning). (C) Manufacturers using alternate statistical protocols for MIL illumination as allowed in section (d)(2.2.3) shall submit to the Executive Officer a protocol for setting pending fault codes. The Executive Officer shall approve the proposed protocol upon determining that, overall, it is equivalent to the requirements in sections (f)(4.4.5)(A) and (B) and that it effectively provides service technicians with a quick and accurate indication of a pending failure. (4.5) Test Results (4.5.1) For all monitored components and systems identified in section (e)(1) through (e)(8) except misfire detection and fuel system monitoring, results of the most recent monitoring of the components and systems and the test limits established for monitoring the respective components and systems shall be stored and available through the data link in accordance with SAE J1979 specifications. (4.5.2) The test results shall be reported such that properly functioning components and systems (e.g., "passing" systems) do not store test values outside of the established test limits. (4.5.3) The test results shall be stored until updated by a more recent valid test result or the fault memory of the OBD II system computer is cleared. Upon fault memory being cleared, test results reported for monitors that have not yet completed since the last time the fault memory was cleared shall report values that do not indicate a failure (i.e., a test value which is outside of the test limits). (4.5.4) Additionally, for vehicles using ISO 15765-4 (see section (f)(3.4)) as the communication protocol: (A) The test results and limits shall be made available in the standardized format specified in SAE J1979 for the ISO 15765-4 protocol. (B) Test limits shall include both minimum and maximum acceptable values and shall be reported for all monitored components and systems identified in sections (e)(1) through (e)(8), except fuel system monitoring. The test limits shall be defined so that a test result equal to either test limit is a "passing" value, not a "failing" value. (C) For 2005 and subsequent model year vehicles, misfire monitoring test results shall be calculated and reported in the standardized format specified in SAE J1979. (D) Monitors that have not yet completed since the last time the fault memory was cleared shall report values of zero for the test result and test limits. (E) All test results and test limits shall always be reported and the test results shall be stored until updated by a more recent valid test result or the fault memory of the OBD II system computer is cleared. (F) The OBD II system shall store and report unique test results for each separate diagnostic (e.g., an OBD II system with individual evaporative system diagnostics for 0.040 inch and 0.020 inch leaks shall separately report 0.040 inch and 0.020 inch test results). (4.6) Software Calibration Identification: On all vehicles, a software calibration identification number (CAL ID) for the diagnostic or emission critical powertrain control unit(s) shall be made available through the standardized data link connector in accordance with the SAE J1979 specifications. A unique CAL ID shall be used for every emission-related calibration and/or software set having at least one bit of different data from any other emission-related calibration and/or software set. Control units coded with multiple emission or diagnostic calibrations and/or software sets shall indicate a unique CAL ID for each variant in a manner that enables an off-board device to determine which variant is being used by the vehicle. Control units that utilize a strategy that will result in MIL illumination if the incorrect variant is used (e.g., control units that contain variants for manual and automatic transmissions but will illuminate the MIL if the variant selected does not match the type of transmission on the vehicle) are not required to use unique CAL IDs. (4.7) Software Calibration Verification Number (4.7.1) All 2005 [FN2] and subsequent model year vehicles shall use an algorithm to calculate a calibration verification number (CVN) that verifies the on-board computer software integrity in diagnostic or emission critical electronically reprogrammable powertrain control units. The CVN shall be made available through the standardized data link connector in accordance with the SAE J1979 specifications. The CVN shall be capable of being used to determine if the emission-related software and/or calibration data are valid and applicable for that vehicle and CAL ID. (4.7.2) Manufacturers shall request Executive Officer approval of the algorithm used to calculate the CVN. Executive Officer approval of the algorithm shall be based on the complexity of the algorithm and the difficulty in achieving the same CVN with modified calibration values. (4.7.3) The CVN shall be calculated at least once per driving cycle and stored until the CVN is subsequently updated. Except for immediately after a reprogramming event or a non-volatile memory clear or for the first 30 seconds of engine operation after a volatile memory clear or battery disconnect, the stored value shall be made available through the data link connector to a generic scan tool in accordance with SAE J1979 specifications. The stored CVN value may not be erased when fault memory is erased by a generic scan tool in accordance with SAE J1979 specifications or during normal vehicle shut down (i.e., key off, engine off). (4.7.4) For purposes of Inspection and Maintenance (I/M) testing, manufacturers shall make the CVN and CAL ID combination information available for all 2005 and subsequent model year vehicles in a standardized electronic format that allows for off-board verification that the CVN is valid and appropriate for a specific vehicle and CAL ID. (4.8) Vehicle Identification Number: All 2005 and subsequent model year vehicles shall have the vehicle identification number (VIN) available in a standardized format through the standardized data link connector in accordance with SAE J1979 specifications. Only one electronic control unit per vehicle shall report the VIN to an SAE J1978 scan tool. (5) In-use Performance Ratio Tracking Requirements: (5.1) For each monitor required in section (e) to separately report an in-use performance ratio, manufacturers shall implement software algorithms to report a numerator and denominator in the standardized format specified below and in accordance with the SAE J1979 specifications. (5.2) Numerical Value Specifications: (5.2.1) For the numerator, denominator, general denominator, and ignition cycle counter: (A) Each number shall have a minimum value of zero and a maximum value of 65,535 with a resolution of one. (B) Each number shall be reset to zero only when a non-volatile memory reset occurs (e.g., reprogramming event, etc.) or, if the numbers are stored in keep-alive memory (KAM), when KAM is lost due to an interruption in electrical power to the control module (e.g., battery disconnect, etc.). Numbers may not be reset to zero under any other circumstances including when a scan tool command to clear fault codes or reset KAM is received. (C) If either the numerator or denominator for a specific component reaches the maximum value of 65,535 +2, both numbers shall be divided by two before either is incremented again to avoid overflow problems. (D) If the ignition cycle counter reaches the maximum value of 65,535 +2, the ignition cycle counter shall rollover and increment to zero on the next ignition cycle to avoid overflow problems. (E) If the general denominator reaches the maximum value of 65,535 +2, the general denominator shall rollover and increment to zero on the next driving cycle that meets the general denominator definition to avoid overflow problems. (F) If a vehicle is not equipped with a component (e.g., oxygen sensor bank 2, secondary air system), the corresponding numerator and denominator for that specific component shall always be reported as zero. (5.2.2) For the ratio: (A) The ratio shall have a minimum value of zero and a maximum value of 7.99527 with a resolution of 0.000122. (B) A ratio for a specific component shall be considered to be zero whenever the corresponding numerator is equal to zero and the corresponding denominator is not zero. (C) A ratio for a specific component shall be considered to be the maximum value of 7.99527 if the corresponding denominator is zero or if the actual value of the numerator divided by the denominator exceeds the maximum value of 7.99527. (6) Service Information: (6.1) Motor vehicle manufacturers shall provide the aftermarket service and repair industry emission-related service information for all 1994 and subsequent model year vehicles equipped with OBD II systems as set forth in sections (f)(6.3) through (6.5). The requirements of section (f)(6) shall supersede the service information requirements set forth in title 13, CCR section 1968.1. (6.2) The Executive Officer shall waive the requirements of sections (f)(6.3) through (6.5) upon determining that the ARB or U.S. EPA has adopted a service information regulation or rule that is in effect and operative and requires motor vehicle manufacturers to provide emission-related service information: (A) of comparable or greater scope than required under these provisions; (B) in an easily accessible format and in a timeframe that is equivalent to or exceeds the timeframes set forth below; and (C) at fair and reasonable cost. (6.3) For all 1994 and subsequent model year vehicles equipped with an OBD II system, manufacturers shall make readily available, at a fair and reasonable price to the automotive repair industry, vehicle repair procedures which allow effective emission-related diagnosis and repairs to be performed using only the SAE J1978 generic scan tool and commonly available, non-microprocessor based tools. (6.4) As an alternative to publishing repair procedures required under section (f)(6.3), a manufacturer may publish repair procedures referencing the use of manufacturer-specific or enhanced equipment provided the manufacturer makes available to the aftermarket scan tool industry the information needed to manufacture scan tools to perform the same emission-related diagnosis and repair procedures (excluding any reprogramming) in a comparable manner as the manufacturer-specific diagnostic scan tool. (6.5) For all 1996 and subsequent model year vehicles, manufacturers shall make available: (A) Information to utilize the test results reported as required in section (f)(4.5) (or title 13, CCR section 1968.1 (l)(3.0) for 1996 through 2002 model year vehicles). The information must include a description of the test and test result, associated fault codes with the test result, and scaling, units, and conversion factors necessary to convert the results to engineering units. (B) A generic description of each of the diagnostics used to meet the requirements of this regulation. The generic description must include a text description of how the diagnostic is performed, typical enable conditions, typical malfunction thresholds, typical monitoring time, fault codes associated with the diagnostic, and test results (section (f)(4.5)) associated with the diagnostic. Vehicles that have diagnostics not adequately represented by the typical values identified above shall be specifically identified along with the appropriate typical values. (C) Information necessary to execute each of the diagnostics used to meet the requirements of sections (e)(1) through (e)(8). The information must include either a description of sample driving patterns designed to be operated in-use or a written description of the conditions the vehicle needs to operate in to execute each of the diagnostics necessary to change the readiness status from "not complete" to "complete" for all monitors. The information shall be able to be used to exercise all necessary monitors in a single driving cycle as well as be able to be used to exercise the monitors to individually change the readiness status for each specific monitor from "not complete" to "complete". (7) Exceptions to Standardization Requirements. (7.1) For medium-duty vehicles equipped with engines certified on an engine dynamometer, a manufacturer may request Executive Officer approval to use both: (1) an alternate diagnostic connector, and emission-related message structure and format in lieu of the standardization requirements in sections (f)(2) and (4) that refer to SAE J1962, SAE J1978, and SAE J1979, and (2) an alternate communication protocol in lieu of the identified protocols in section (f)(3). The Executive Officer shall approve the request if: (A) The ARB has adopted an on-board diagnostic regulation for heavy-duty vehicles and the alternate diagnostic connector, communication protocol, and emission-related message format and structure requested by the manufacturer meets the standardization requirements in the on-board diagnostic regulation for heavy-duty vehicles; or (B) For 2004 and 2005 model year vehicles only, the alternate diagnostic connector, communication protocol, and emission-related message format and structure requested by the manufacturer meet the standardization requirements of SAE J1939 and the manufacturer has implemented features (e.g., readiness code indication via the MIL pursuant to section (f)(4.1.3)) that will allow the vehicle to be tested in a California Inspection and Maintenance test facility. If the ARB has not adopted a heavy-duty vehicle on-board diagnostic regulation by July 1, 2004, the Executive Officer shall extend the provisions of this section through the 2006 model year. The Executive Officer shall extend the provisions of this section one additional model year on each subsequent July 1 if the ARB has not adopted a heavy-duty vehicle on-board diagnostic regulation by that date. (7.2) For 2004 model year vehicles only, wherever the requirements of sections (f)(2) and (f)(4) reflect a substantive change from the requirements of title 13, CCR sections 1968.1(e), (f), (k), or (l) for the 2003 model year vehicles, the manufacturer may request Executive Officer approval to continue to use the requirements of section 1968.1 in lieu of the requirements of sections (f)(2) and (f)(4). The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or engineering evaluation that demonstrate that software or hardware changes would be required to comply with the requirements of sections (f)(2) and (f)(4) and that the system complies with the requirements of sections 1968.1(e), (f), (k), and (l). (g) Monitoring System Demonstration Requirements for Certification (1) General. (1.1) Certification requires that manufacturers submit emission test data from one or more durability demonstration test vehicles (test vehicles). For applications certified on engine dynamometers, engines may be used instead of vehicles. (1.2) The Executive Officer may approve other demonstration protocols if the manufacturer can provide comparable assurance that the malfunction criteria are chosen based on meeting emission requirements and that the timeliness of malfunction detection is within the constraints of the applicable monitoring requirements. (1.3) For flexible fuel vehicles capable of operating on more than one fuel or fuel combinations, the manufacturer shall submit a plan for providing emission test data to the Executive Officer for approval. The Executive Officer shall approve the plan if it is determined to be representative of expected in-use fuel or fuel combinations and provides accurate and timely evaluation of the monitored systems. (2) Selection of Test Vehicles: (2.1.1) Prior to submitting any applications for certification for a model year, a manufacturer shall notify the Executive Officer of the test groups planned for that model year. The Executive Officer will then select the test group(s) that the manufacturer shall use as demonstration test vehicles to provide emission test data. The selection of test vehicles for production vehicle evaluation, as specified in section (j), may take place during this selection process. (2.1.2) A manufacturer certifying one to five test groups in a model year shall provide emission test data from a test vehicle from one test group. A manufacturer certifying six to ten test groups in a model year shall provide emission test data from test vehicles from two test groups. A manufacturer certifying eleven or more test groups in a model year shall provide emission test data from test vehicles from three test groups. The Executive Officer may waive the requirement for submittal of data from one or more of the test groups if data have been previously submitted for all of the test groups. (2.1.3) For the test vehicle(s), a manufacturer shall use a certification emission durability test vehicle(s), a representative high mileage vehicle(s), or a vehicle(s) aged to the end of the full useful life using an ARB-approved alternative durability procedure (ADP). (3) Required Testing: Except as provided below, the manufacturer shall perform single-fault testing based on the applicable FTP test with the following components/systems set at their malfunction criteria limits as determined by the manufacturer for meeting the requirements of section (e): (3.1) Oxygen Sensors: (3.1.1) The manufacturer shall perform a test with all primary oxygen sensors used for fuel control simultaneously possessing a response rate deteriorated to the malfunction criteria limit. Manufacturers shall also perform a test for any other oxygen sensor parameter that can cause vehicle emissions to exceed 1.5 times the applicable standards (e.g., shift in air/fuel ratio at which oxygen sensor switches, decreased amplitude, etc.). When performing additional test(s), all primary and secondary (if applicable) oxygen sensors used for fuel control shall be operating at the malfunction criteria limit for the applicable parameter only. All other primary and secondary oxygen sensor parameters shall be with normal characteristics. (3.1.2) For vehicles utilizing sensors other than oxygen sensors for primary fuel control (e.g., linear air-fuel ratio sensors, universal sensors, etc.), the manufacturer shall submit, for Executive Officer approval, a demonstration test plan for performing testing of all of the sensor parameters that can cause vehicle emissions to exceed 1.5 times the applicable standards. The Executive Officer shall approve the plan if it is determined that it will provide data that will assure proper performance of the diagnostics of the sensors, consistent with the intent of section (g). (3.2) EGR System: The manufacturer shall perform a test at the low flow limit. (3.3) VVT System: For 2006 and subsequent model year Low Emission II applications, the manufacturer shall perform a test at each target error limit and slow response limit calibrated to the malfunction criteria (e.g., 1.5 times the FTP standard) in sections (e)(13.2.1) and (13.2.2). In conducting the VVT system demonstration tests, the manufacturer may use computer modifications to cause the VVT system to operate at the malfunction limit if the manufacturer can demonstrate that the computer modifications produce test results equivalent to an induced hardware malfunction. (3.4) Fuel System: (3.4.1) For vehicles with adaptive feedback based on the primary fuel control sensor(s), the manufacturer shall perform a test with the adaptive feedback based on the primary fuel control sensor(s) at the rich limit(s) and a test at the lean limit(s) established by the manufacturer in section (e)(6.2.1) to detect a malfunction before emissions exceed 1.5 times the applicable standards. (3.4.2) For vehicles with feedback based on a secondary fuel control sensor(s) and subject to the malfunction criteria in section (e)(6.2.1), the manufacturer shall perform a test with the feedback based on the secondary fuel control sensor(s) at the rich limit(s) and a test at the lean limit(s) established by the manufacturer in section (e)(6.2.1) to detect a malfunction before emissions exceed 1.5 times the applicable standards. (3.4.3) For other fuel metering or control systems, the manufacturer shall perform a test at the criteria limit(s). (3.4.4) For purposes of fuel system testing, the fault(s) induced may result in a uniform distribution of fuel and air among the cylinders. Non-uniform distribution of fuel and air used to induce a fault may not cause misfire. In conducting the fuel system demonstration tests, the manufacturer may use computer modifications to cause the fuel system to operate at the malfunction limit if the manufacturer can demonstrate that the computer modifications produce test results equivalent to an induced hardware malfunction. (3.5) Misfire: The manufacturer shall perform a test at the malfunction criteria limit specified in section (e)(3.2.2). The testing is not required for diesel applications. (3.6) Secondary Air System: The manufacturer shall perform a test at the low flow limit. Manufacturers performing only a functional check in accordance with the provisions of section (e)(5.2.2)(B) or (e)(5.2.4) shall perform a test at the functional check flow malfunction criteria. (3.7) Catalyst System: The manufacturer shall perform a test using a catalyst system deteriorated to the malfunction criteria using methods established by the manufacturer in accordance with section (e)(1.2.6). For diesel vehicles, the manufacturer shall perform a test using a catalyst system deteriorated to the malfunction criteria in sections (e)(1.5.2)(A)(i), (B)(i), or (C)(i). For diesel vehicles with catalyst systems not subject to the malfunction criteria in section (e)(1.5.2)(A)(i), (B)(i), or (C)(i), manufacturers are not required to perform a catalyst demonstration test. (3.8) Heated Catalyst Systems: The manufacturer shall perform a test at the malfunction criteria limit established by the manufacturer in section (e)(2.2). (3.9) PM Trap: The manufacturer shall perform a test using a PM trap(s) deteriorated to the malfunction criteria in sections (e)(15.2.1) or (15.2.3). For diesel vehicles with a PM trap(s) not subject to the malfunction criteria in section (e)(15.2.1) or (15.2.3), manufacturers are not required to perform a PM trap(s) demonstration test. (3.10) Other systems: The manufacturer shall conduct demonstration tests for all other emission control components designed and calibrated to a malfunction criteria of 1.5 times any of the applicable emission standards (e.g., hydrocarbon traps, adsorbers, etc.) under the provisions of section (e)(17). (3.11) The manufacturer may electronically simulate deteriorated components but may not make any vehicle control unit modifications (unless otherwise excepted above) when performing demonstration tests. All equipment necessary to duplicate the demonstration test must be made available to the ARB upon request. (4) Testing Protocol: (4.1) Preconditioning: The manufacturer shall use an applicable FTP cycle (or Unified Cycle, if approved) for preconditioning test vehicles prior to conducting each of the above emission tests. Upon determining that a manufacturer has provided data and/or an engineering evaluation that demonstrate that additional preconditioning is necessary to stabilize the emission control system, the Executive Officer shall allow the manufacturer to perform a single additional preconditioning cycle, identical to the initial preconditioning cycle, or a Federal Highway Fuel Economy Driving Cycle, following a ten minute (20 minutes for medium duty engines certified on an engine dynamometer) hot soak after the initial preconditioning cycle. The manufacturer may not require the test vehicle to be cold soaked prior to conducting preconditioning cycles in order for the monitoring system testing to be successful. (4.2) Test Sequence: (4.2.1) The manufacturer shall set the system or component on the test vehicle for which detection is to be tested at the criteria limit(s) prior to conducting the applicable preconditioning cycle(s). If a second preconditioning cycle is permitted in accordance with section (g)(4.1) above, the manufacturer may adjust the system or component to be tested before conducting the second preconditioning cycle. The manufacturer may not replace, modify, or adjust the system or component after the last preconditioning cycle has taken place. (4.2.2) After preconditioning, the test vehicle shall be operated over the applicable FTP cycle (or Unified Cycle, if approved) to allow for the initial detection of the tested system or component malfunction. This driving cycle may be omitted from the testing protocol if it is unnecessary. If required by the designated monitoring strategy, a cold soak may be performed prior to conducting this driving cycle. (4.2.3) The test vehicle shall then be operated over the cold start and hot start exhaust tests of the applicable FTP test. If monitoring during the Unified Cycle is approved, a second Unified Cycle may be conducted prior to the FTP test. (4.3) A manufacturer required to test more than one test vehicle (section (g)(2.1.2)) may utilize internal calibration sign-off test procedures (e.g., forced cool downs, less frequently calibrated emission analyzers, etc.) instead of official FTP test procedures to obtain the emission test data required in section (g) for all but one of the required test vehicles. The manufacturer may elect this option if the data from the alternative test procedure are representative of official FTP emission test results. Manufacturers using this option are still responsible for meeting the malfunction criteria specified in section (e) when emission tests are performed in accordance with official FTP test procedures. (5) Evaluation Protocol: (5.1.1) For all tests conducted under section (g), the MIL shall be illuminated upon detection of the tested system or component malfunction before the hot start exhaust test of the complete FTP test (or before the hot start portion of the last Unified Cycle, if applicable) in accordance with requirements of section (e). (5.1.2) For all tests conducted under section (g), manufacturers may use Non-Methane Hydrocarbon (NMHC) emission results in lieu of Non-Methane Organic Gas (NMOG) emission results for comparison to the applicable FTP standards or malfunction criteria (e.g., 1.5 times the FTP standards). If NMHC emission results are used in lieu of NMOG, the emission result shall be multiplied by 1.04 to generate an equivalent NMOG result before comparison to the applicable FTP standards. (5.1.3) If the MIL illuminates prior to emissions exceeding the applicable malfunction criteria specified in section (e), no further demonstration is required. With respect to the misfire monitor demonstration test, if a manufacturer has elected to use the minimum misfire malfunction criteria of one percent as allowed in section (e)(3.2.2)(A), no further demonstration is required if the MIL illuminates with misfire implanted at the malfunction criteria limit. (5.1.4) If the MIL does not illuminate when the systems or components are set at their limit(s), the criteria limit or the OBD II system is not acceptable. (A) Except for testing of the catalyst system, if the MIL first illuminates after emissions exceed the applicable malfunction criteria specified in section (e), the test vehicle shall be retested with the tested system or component adjusted so that the MIL will illuminate before emissions exceed the applicable malfunction criteria specified in section (e). If the component cannot be adjusted to meet this criterion because a default fuel or emission control strategy is used when a malfunction is detected (e.g., open loop fuel control used after an O2 sensor malfunction is determined, etc.), the test vehicle shall be retested with the component adjusted to the worst acceptable limit (i.e., the applicable monitor indicates the component is performing at or slightly better than the malfunction criteria). For the OBD II system to be approved, the MIL must not illuminate during this test and the vehicle emissions must be below the applicable malfunction criteria specified in section (e). (B) In testing the catalyst system, if the MIL first illuminates after emissions exceed the applicable emission threshold(s) specified in section (e), the tested vehicle shall be retested with a less deteriorated catalyst system (i.e., more of the applicable engine out pollutants are converted). For the OBD II system to be approved, testing shall be continued until either of the following conditions are satisfied: (i) The MIL is illuminated and emissions do not exceed the thresholds specified in section (e); or (ii) The manufacturer demonstrates that the MIL illuminates within acceptable upper and lower limits of the threshold specified in section (e) for MIL illumination. The manufacturer shall demonstrate acceptable limits by continuing testing until the test results show: a. The MIL is illuminated and emissions exceed the thresholds specified in section (e) by 10 percent or less of the applicable standard (e.g., emissions are less than 1.85 times the applicable standard for a malfunction criterion of 1.75 times the standard); and b. The MIL is not illuminated and emissions are below the thresholds specified in section (e) by no more than 20 percent of the standard (e.g., emissions are between 1.55 and 1.75 times the applicable standard for a malfunction criterion of 1.75 times the standard). (5.1.5) If an OBD II system is determined unacceptable by the above criteria, the manufacturer may recalibrate and retest the system on the same test vehicle. In such a case, the manufacturer must confirm, by retesting, that all systems and components that were tested prior to recalibration and are affected by the recalibration function properly under the OBD II system as recalibrated. (6) Confirmatory Testing: (6.1) The ARB may perform confirmatory testing to verify the emission test data submitted by the manufacturer under the requirements of section (g) comply with the requirements of section (g) and the malfunction criteria identified in section (e). This confirmatory testing is limited to the vehicle configuration represented by the demonstration vehicle(s). For purposes of section (g)(6), vehicle configuration shall have the same meaning as the term used in 40 CFR 86.082-2. (6.2) The ARB or its designee may install appropriately deteriorated or malfunctioning components in an otherwise properly functioning test vehicle of a test group represented by the demonstration test vehicle(s) (or simulate a deteriorated or malfunctioning component) in order to test any of the components or systems required to be tested in section (g). Upon request by the Executive Officer, the manufacturer shall make available a vehicle and all test equipment (e.g., malfunction simulators, deteriorated components, etc.) necessary to duplicate the manufacturer's testing. The Executive Officer shall make the request within six months of reviewing and approving the demonstration test vehicle data submitted by the manufacturer for the specific test group. (6.3) Vehicles with OBD II systems represented by the demonstration vehicle(s) may be recalled for corrective action if a representative sample of vehicles uniformly fails to meet the requirements of section (g). (h) Certification Documentation (1) When submitting an application for certification of a test group, the manufacturer shall submit the following documentation. If any of the items listed below are standardized for all of a manufacturer's test groups, the manufacturer may, for each model year, submit one set of documents covering the standardized items for all of its test groups. (1.1) For the required documentation not standardized across all test groups, the manufacturer may propose to the Executive Officer that documentation covering a specified combination of test groups be used. These combinations shall be known as "OBD II groups". Executive Officer approval shall be granted for those groupings that include test groups using the same OBD II strategies and similar calibrations. If approved by the Executive Officer, the manufacturer may submit one set of documentation from one or more representative test group(s) that are a part of the OBD II group. The Executive Officer shall determine whether a selected test group(s) is representative of the OBD II group as a whole. To be approved as representative, the test group(s) must possess the most stringent emission standards and OBD II monitoring requirements and cover all of the emission control devices within the OBD II group. (1.2) With Executive Officer approval, one or more of the documentation requirements of section (h) may be waived or modified if the information required would be redundant or unnecessarily burdensome to generate. (1.3) To the extent possible, the certification documentation shall use SAE J1930 terms, abbreviations, and acronyms. (2) The following information shall be submitted as "Part 1" of the certification application. Except as provided below for demonstration data, the Executive Officer will not issue an Executive Order certifying the covered vehicles without the information having been provided. The information must include: (2.1) A description of the functional operation of the OBD II system including a complete written description for each monitoring strategy that outlines every step in the decision making process of the monitor. Algorithms, diagrams, samples of data, and/or other graphical representations of the monitoring strategy shall be included where necessary to adequately describe the information. (2.2) A table, in the standardized format detailed in Attachment A of ARB Mail-Out #95-20, May 22, 1995, incorporated by reference. (2.2.1) The table must include the following information for each monitored component or system (either computer-sensed or -controlled) of the emission control system: (A) corresponding fault code (B) monitoring method or procedure for malfunction detection (C) primary malfunction detection parameter and its type of output signal (D) fault criteria limits used to evaluate output signal of primary parameter (E) other monitored secondary parameters and conditions (in engineering units) necessary for malfunction detection (F) monitoring time length and frequency of checks (G) criteria for storing fault code (H) criteria for illuminating malfunction indicator light (I) criteria used for determining out of range values and input component rationality checks (2.2.2) Wherever possible, the table shall use the following engineering units: (A) Degrees Celsius (<> C) for all temperature criteria (B) KiloPascals (KPa) for all pressure criteria related to manifold or atmospheric pressure (C) Grams (g) for all intake air mass criteria (D) Pascals (Pa) for all pressure criteria related to evaporative system vapor pressure (E) Miles per hour (mph) for all vehicle speed criteria (F) Relative percent (%) for all relative throttle position criteria (as defined in SAE J1979) (G) Voltage (V) for all absolute throttle position criteria (as defined in SAE J1979) (H) Per crankshaft revolution (/rev) for all changes per ignition event based criteria (e.g., g/rev instead of g/stroke or g/firing) (I) Per second (/sec) for all changes per time based criteria (e.g., g/sec) (J) Percent of nominal tank volume (%) for all fuel tank level criteria (2.3) A logic flowchart describing the step by step evaluation of the enable criteria and malfunction criteria for each monitored emission-related component or system. (2.4) Emission test data, a description of the testing sequence (e.g., the number and types of preconditioning cycles), approximate time (in seconds) of MIL illumination during the test, fault code(s) and freeze frame information stored at the time of detection, corresponding SAE J1979 test results (e.g. Mode/Service $06) stored during the test, and a description of the modified or deteriorated components used for fault simulation with respect to the demonstration tests specified in section (g). The Executive Officer may approve conditional certification of a test group prior to the submittal of this data for ARB review and approval. Factors to be considered by the Executive Officer in approving the late submission of information identified in section (h)(2.4) shall include the reason for the delay in the data collection, the length of time until data will be available, and the demonstrated previous success of the manufacturer in submitting the data prior to certification. (2.5) Data supporting the misfire monitor, including: (2.5.1) The established percentage of misfire that can be tolerated without damaging the catalyst over the full range of engine speed and load conditions. (2.5.2) Data demonstrating the probability of detection of misfire events of the misfire monitoring system over the full engine speed and load operating range for the following misfire patterns: random cylinders misfiring at the malfunction criteria established in section (e)(3.2.2), one cylinder continuously misfiring, and paired cylinders continuously misfiring. (2.5.3) Data identifying all disablement of misfire monitoring that occurs during the FTP and US06 cycles. For every disablement that occurs during the cycles, the data should identify: when the disablement occurred relative to the driver's trace, the number of engine revolutions that each disablement was present for, and which disable condition documented in the certification application caused the disablement. (2.5.4) Manufacturers are not required to use the durability demonstration vehicle to collect the misfire data for sections (h)(2.5.1) though (2.5.3). (2.6) Data supporting the limit for the time between engine starting and attaining the designated heating temperature for after-start heated catalyst systems. (2.7) A listing of all electronic powertrain input and output signals (including those not monitored by the OBD II system) that identifies which signals are monitored by the OBD II system. (2.8) A written description of all parameters and conditions necessary to begin closed loop operation. (2.9) A summary table identifying every test group and each of the OBD II phase-in requirements that apply to each test group. (2.10) A written identification of the communication protocol utilized by each test group for communication with an SAE J1978 scan tool. (2.11) A pictorial representation or written description of the diagnostic connector location including any covers or labels. (2.12) A written description of the method used by the manufacturer to meet the requirements of section (e)(9) for PCV system monitoring including diagrams or pictures of valve and/or hose connections. (2.13) Any other information determined by the Executive Officer to be necessary to demonstrate compliance with the requirements of this regulation. (3) "Part 2". The following information shall be submitted by January 1st of the applicable model year: (3.1) A listing and block diagram of the input parameters used to calculate or determine calculated load values and the input parameters used to calculate or determine fuel trim values. (3.2) A scale drawing of the MIL and the fuel cap indicator light, if present, which specifies location in the instrument panel, wording, color, and intensity. (4) "Part 3". The following information shall be submitted upon request of the Executive Officer: (4.1) Data supporting the criteria used to detect a malfunction when catalyst deterioration causes emissions to exceed the applicable malfunction criteria specified in section (e). (4.2) Data supporting the criteria used to detect evaporative system leaks. (4.3) Any other information determined by the Executive Officer to be necessary to demonstrate compliance with the requirements of this regulation. (i) Deficiencies (1) For 2004 and subsequent model year vehicles, the Executive Officer, upon receipt of an application from the manufacturer, may certify vehicles even though said vehicles may not comply with one or more of the requirements of title 13, CCR section 1968.2. In granting the certification, the Executive Officer shall consider the following factors: the extent to which the requirements of section 1968.2 are satisfied overall based on a review of the vehicle applications in question, the relative performance of the resultant OBD II system compared to systems fully compliant with the requirements of title 13, CCR section 1968.2, and a demonstrated good-faith effort on the part of the manufacturer to: (1) meet the requirements in full by evaluating and considering the best available monitoring technology; and (2) come into compliance as expeditiously as possible. The Executive Officer may not grant certification to a vehicle in which the reported noncompliance for which a deficiency is sought would be subject to ordered recall pursuant to section 1968.5 (c)(3)(A). (2) Manufacturers of non-complying systems are subject to fines pursuant to section 43016 of the California Health and Safety Code. The specified fines apply to the third and subsequently identified deficiencies, with the exception that fines shall apply to all monitoring system deficiencies wherein a required monitoring strategy is completely absent from the OBD system. (3) The fines are in the amount of $50 per deficiency per vehicle for non-compliance with any of the monitoring requirements specified in sections (e)(1) through (e)(8), (e)(11), (e)(13) through (e)(15), and (e)(17), and $25 per deficiency per vehicle for non-compliance with any other requirement of section 1968.2. In determining the identified order of deficiencies, deficiencies subject to a $50 fine are identified first. Total fines per vehicle under section (i) may not exceed $500 per vehicle and are payable to the State Treasurer for deposit in the Air Pollution Control Fund. (4) Manufacturers must re-apply for Executive Officer approval of a deficiency each model year. In considering the request to carry-over a deficiency, the Executive Officer shall consider the factors identified in section (i)(1) including the manufacturer's progress towards correcting the deficiency. The Executive Officer may not allow manufacturers to carry over monitoring system deficiencies for more than two model years unless it can be demonstrated that substantial vehicle hardware modifications and additional lead time beyond two years would be necessary to correct the deficiency, in which case the Executive Officer shall allow the deficiency to be carried over for three model years. (5) Except as allowed in section (i)(6), deficiencies may not be retroactively granted after certification. (6) Request for retroactive deficiencies (6.1) Manufacturers may request that the Executive Officer grant a deficiency and amend a vehicle's certification to conform to the granting of the deficiencies during the first 6 months after commencement of normal production for each aspect of the monitoring system: (a) identified by the manufacturer (during testing required by section (j)(2) or any other testing) to be functioning different than the certified system or otherwise not meeting the requirements of any aspect of section 1968.2; and (b) reported to the Executive Officer. If the Executive Officer grants the deficiencies and amended certification, their approval would be retroactive to the start of production. (6.2) Executive Officer approval of the request for a retroactive deficiency shall be granted provided that the conditions necessary for a pre-certification deficiency determination are satisfied (see section (i)(1)) and the manufacturer could not have reasonably anticipated the identified problem before commencement of production. (6.3) In granting the amended certification, the Executive Officer shall include any approved post-production deficiencies together with all previously approved deficiencies in computing fines in accordance with section (i)(2). (7) Any OBD II system installed on a production vehicle that fails to conform with the certified OBD II system for that vehicle or otherwise fails to meet the requirements of section 1968.2 and has not been granted a deficiency pursuant to the provisions of section (i)(1) through (i)(6) are considered non-compliant. The vehicles are subject to enforcement pursuant to applicable provisions of the Health and Safety Code and title 13, CCR section 1968.5. (j) Production Vehicle Evaluation Testing (1) Verification of Standardized Requirements. (1.1) Requirement: For 2005 and subsequent model year vehicles, manufacturers shall perform testing to verify that all vehicles meet the requirements of section (f)(3) and (f)(4) relevant to proper communication of required emission-related messages to an SAE J1978 scan tool. (1.2) Selection of Test Vehicles: Manufacturers shall perform this testing every model year on one production vehicle from every unique calibration within one month of the start of normal production for that calibration. Manufacturers may request Executive Officer approval to group multiple calibrations together and test one representative calibration per group. The Executive Officer shall approve the request upon finding that the software designed to comply with the standardization requirements of section (f) in the representative calibration vehicle is identical (e.g., communication protocol message timing, number of supported data stream parameters, etc.) to all others in the group and that any differences in the calibrations are not relevant with respect to meeting the criteria in section (j)(1.4). (1.3) Test Equipment: For the testing required in section (j)(1), manufacturers shall utilize an off-board device to conduct the testing. Prior to conducting testing, manufacturers are required to request and receive Executive Officer approval of the off-board device that the manufacturer will use to perform the testing. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data, specifications, and/or engineering analysis that demonstrate that the off-board device will verify vehicles will be able to perform all of the required functions in section (j)(1.4) with any other off-board device designed and built in accordance with the SAE J1978 generic scan tool specifications. (1.4) Required Testing: (1.4.1) The testing shall verify that the vehicle can properly establish communications between all emission-related on-board computers and any SAE J1978 scan tool designed to adhere strictly to the communication protocols allowed in section (f)(3); (1.4.2) The testing shall further verify that the vehicle can properly communicate to any SAE J1978 scan tool: (A) The current readiness status from all on-board computers required to support readiness status in accordance with SAE J1979 and section (f)(4.1) while the engine is running; (B) The MIL command status while the MIL is commanded off and while the MIL is commanded on in accordance with SAE J1979 and section (f)(4.2) while the engine is running, and in accordance with SAE J1979 and sections (d)(2.1.2) during the MIL functional check and, if applicable, (f)(4.1.3) during the MIL readiness status check while the engine is off; (C) All data stream parameters required in section (f)(4.2) in accordance with SAE J1979 including the identification of each data stream parameter as supported in SAE J1979 (e.g., Mode/Service $01, PID $00); (D) The CAL ID, CVN, and VIN (if applicable) in accordance with SAE J1979 and sections (f)(4.6) through (4.8); (E) An emission-related fault code (both confirmed and pending) in accordance with SAE J1979 (including correctly indicating the number of stored fault codes (e.g., Mode/Service $01, PID $01, Data A)) and section (f)(4.4); (1.4.3) The testing shall also verify that the vehicle can properly respond to any SAE J1978 scan tool request to clear emission-related fault codes and reset readiness status. (1.5) Reporting of Results: (1.5.1) The manufacturer shall notify the Executive Officer within one month of identifying any vehicle that does not meet the requirements of section (j)(1.4). The manufacturer shall submit a written report of the problem(s) identified and propose corrective action (if any) to remedy the problem(s) to the Executive Officer for approval. Factors to be considered by the Executive Officer in approving the proposed corrective action shall include the severity of the problem(s), the ability of the vehicle to be tested in an I/M program, the ability of service technicians to access the required diagnostic information, the impact on equipment and tool manufacturers, and the amount of time prior to implementation of the proposed corrective action. (1.5.2) Upon request of the Executive Officer, a manufacturer shall submit a report of the results of any testing conducted pursuant to section (j)(1) to the Executive Officer for review. (1.5.3) In accordance with section (i)(6), manufacturers may request Executive Officer approval for a retroactive deficiency to be granted for items identified during this testing. (2) Verification of Monitoring Requirements. (2.1) For 2004 and subsequent model year vehicles, within the first six months after normal production begins, manufacturers shall conduct a complete evaluation of the OBD II system of one or more production vehicles (test vehicles) and submit the results of the evaluation to the Executive Officer. (2.2) Selection of test vehicles: (2.2.1) Prior to submitting any applications for certification for a model year, a manufacturer shall notify the Executive Officer of the test groups planned for that model year. The Executive Officer will then select the test group(s), in accordance with sections (j)(2.2.2) and (j)(2.2.3) below, that the manufacturer shall use as test vehicles to provide evaluation test results. This selection process may take place during durability demonstration test vehicle selection specified in section (g). (2.2.2) A manufacturer shall evaluate one production vehicle per test group selected for monitoring system demonstration in section (g). (2.2.3) In addition to the vehicles selected in section (j)(2.2.2) above, a manufacturer shall evaluate vehicles chosen from test groups that are not selected for monitoring system demonstration testing under section (g). The number of additional vehicles to be tested shall be equal to the number of vehicles selected for monitoring system demonstration in section (g). (2.2.4) The Executive Officer may waive the requirements for submittal of evaluation results from one or more of the test groups if data has been previously submitted for all of the test groups. (2.3) Evaluation requirements: (2.3.1) The evaluation shall demonstrate the ability of the OBD II system on the selected production vehicle to detect a malfunction, illuminate the MIL, and store a confirmed fault code when a malfunction is present and the monitoring conditions have been satisfied for each individual diagnostic required by title 13, CCR section 1968.2. (2.3.2) The evaluation shall verify that malfunctions detected by non-MIL illuminating diagnostics of components used to enable any other OBD II system diagnostic (e.g., fuel level sensor) will not inhibit the ability of other OBD II system diagnostics to properly detect malfunctions. (2.3.3) On vehicles so equipped, the evaluation shall verify that the software used to track the numerator and denominator for purposes of determining in-use monitoring frequency correctly increments as required in section (d)(4). (2.3.4) Malfunctions may be mechanically implanted or electronically simulated but internal on-board computer hardware or software changes may not be used to simulate malfunctions. Emission testing to confirm that the malfunction is detected before the appropriate emission standards are exceeded is not required. (2.3.5) Manufacturers shall submit a proposed test plan for Executive Officer approval prior to evaluation testing being performed. The test plan shall identify the method used to induce a malfunction in each diagnostic. If the Executive Officer determines that the requirements of section (j)(2) are satisfied, the proposed test plan shall be approved. (2.3.6) Subject to Executive Officer approval, manufacturers may omit demonstration of specific diagnostics. The Executive Officer shall approve a manufacturer's request if the demonstration cannot be reasonably performed without causing physical damage to the vehicle (e.g., on-board computer internal circuit faults). (2.3.7) For evaluation of test vehicles selected in accordance with section (j)(2.2.2), manufacturers are not required to demonstrate diagnostics that were previously demonstrated prior to certification as required in section (g). (2.4) Manufacturers shall submit a report of the results of all testing conducted pursuant to section (j)(2) to the Executive Officer for review. This report shall identify the method used to induce a malfunction in each diagnostic, the MIL illumination status, and the confirmed fault code(s) stored. (2.5) In accordance with section (i)(6), manufacturers may request Executive Officer approval for a retroactive deficiency to be granted for items identified during this testing. (3) Verification and Reporting of In-use Monitoring Performance. (3.1) Manufacturers are required to collect and report in-use monitoring performance data representative of every test group certified by the manufacturer and equipped with in-use monitoring performance tracking software in accordance with section (d)(4) to the ARB within six months from either the time vehicles in the test group were first introduced into commerce or the start of normal production for such vehicles, whichever is later. The manufacturer may propose to the Executive Officer that multiple test groups be combined to collect representative data. Executive Officer approval shall be granted upon determining that the proposed groupings include test groups using the same OBD II strategies and similar calibrations and that are expected to have similar in-use monitoring performance. If approved by the Executive Officer, the manufacturer may submit one set of data for each of the approved groupings. (3.2) For each test group or combination of test groups, the data must include all of the in-use performance tracking data reported through SAE J1979 (i.e., all numerators, denominators, and the ignition cycle counter), the date the data was collected, the vehicle VIN, and the ECM software calibration identification number. (3.3) Manufacturers shall submit a plan to the Executive Officer for review and approval of the sampling method, number of vehicles to be sampled, time line to collect the data, and reporting format. The Executive Officer shall approve the plan upon determining that it provides for effective collection of data from a representative sample of vehicles that, at a minimum, is fifteen vehicles, will likely result in the collection and submittal of data within the required six month time frame, will generate data that are representative of California drivers and temperatures, and does not, by design, exclude or include specific vehicles in an attempt to collect data only from vehicles with the highest in-use performance ratios. (3.4) Upon request of the manufacturer, the Executive Officer may for good cause extend the six month time requirement set forth in section (j)(3.1) up to a maximum of twelve months. In granting additional time, the Executive Officer shall consider, among other things, information submitted by the manufacturer to justify the delay, sales volume of the test group(s), and the sampling mechanism utilized by the manufacturer to procure vehicles. If an extension beyond six months is granted, the manufacturer shall additionally be required to submit an interim report within six months for data collected up to the time of the interim report. (3.5) Upon request of the manufacturer, the Executive Officer may reduce the minimum sample size of fifteen vehicles set forth in section (j)(3.3) for test groups with low sales volume. In granting approval of a sampling plan with a reduced minimum sample size, the Executive Officer shall consider, among other things, information submitted by the manufacturer to justify the smaller sample size, sales volume of the test group(s), and the sampling mechanism utilized by the manufacturer to procure vehicles. _________ [FN1] Unless otherwise noted, all section references refer to section 1968.2 of title 13, CCR. [FN2] The requirements of section (f)(4.7) shall supercede the requirements set forth in title 13, CCR section 1968.1(l)(4.0). Note: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43018, 43100, 43101, 43104, 43105, 43105.5 and 43106, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 39037.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600-39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204, 43211 and 43212, Health and Safety Code. s 1968.5. Enforcement of Malfunction and Diagnostic System Requirements for 2004 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles and Engines. (a) General (1) Applicability. (A) These procedures shall be used to assure compliance with the requirements of title 13, California Code of Regulations (CCR) section 1968.2 for all 2004 and subsequent model year vehicles equipped with OBD II systems that have been certified for sale in California. (B) Vehicles manufactured prior to the 2004 model year are covered by the general enforcement and penalty provisions of the Health and Safety Code, and the specific provisions of title 13, CCR sections 1968.1 and 2111 through 2149. (2) Purpose. The purpose of this section is to establish the enforcement protocol that shall be used by the ARB to assure that vehicles certified for sale in California are equipped with OBD II systems that properly function and meet the purposes and requirements of title 13, CCR section 1968.2. (3) Definitions. The definitions applicable to these rules include those set forth in Health and Safety Code section 39010 et seq. and in title 13, CCR sections 1900(b) and 1968.2(b), which are incorporated by reference herein. The following definitions are specifically applicable to section 1968.5 and take precedence over any contrary definitions. (A) "Days", when computing any period of time, unless otherwise noted, means normal working days that a manufacturer is open for business. (B) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her authorized representative. (C) "Influenced OBD II-Related Recall" means an inspection, repair, adjustment, or modification program initiated and conducted by a manufacturer as a result of enforcement testing conducted by the ARB or any other information for the purpose of correcting any nonconforming OBD II system for which direct notification of vehicle or engine owners is necessary. (D) "Major Monitor" means those monitors covered by the requirements set forth in title 13, CCR section 1968.2(e)(1.0) through (e)(8.0), (e)(11.0) through (e)(15.0), and (e)(17.0). (E) "Motor Vehicle Class" means a group or set of vehicles or engines subject to enforcement testing that have been determined by the Executive Officer to share common or similar hardware, software, OBD II monitoring strategy, or emission control strategy. (F) "Motor Vehicle Manufacturer" means the manufacturer granted certification to sell motor vehicles in the State of California. (G) "Nonconforming OBD II System" means an OBD II system on a production vehicle that has been determined not to comply with the requirements of title 13, CCR section 1968.2. For purposes of section 1968.5, a motor vehicle class shall be considered nonconforming irrespective of whether vehicles in the motor vehicle class, on average, meet applicable tailpipe or evaporative emission standards. (H) "OBD II Emission Testing" refers to testing conducted to determine compliance with the malfunction criteria in title 13, CCR section 1968.2(e) that are based on a multiple of a tailpipe emission standard (e.g., 1.5 times the applicable FTP emission standards). (I) "OBD II Ratio Testing" refers to testing conducted to determine compliance with the required in-use monitor performance ratio in title 13, CCR section 1968.2(d)(3.2.1). (J) "Ordered OBD II-Related Recall" means an inspection, repair, adjustment, or modification program required by the ARB to be conducted by the manufacturer to correct any nonconforming OBD II system for which direct notification of vehicle or engine owners is necessary. (K) "Quarterly Reports" refer to the following calendar periods: January 1 - March 31; April 1 - June 30; July 1 - September 30; October 1 - December 31. (L) "Test Sample Group" means a group of production vehicles in a designated motor vehicle class that are equipped with OBD II systems and are selected and tested as part of the ARB enforcement testing program set forth in section (b). (M) "Voluntary OBD II-Related Recall" means an inspection, repair, adjustment, or modification program voluntarily initiated and conducted by a manufacturer to correct any nonconforming OBD II system for which direct notification of vehicle or engine owners is necessary. (b) Testing Procedures (1) Purpose. To assure that OBD II systems on production motor vehicles and engines comply with the requirements of title 13, CCR section 1968.2, the ARB may periodically evaluate vehicles and engines from a motor vehicle class. (2) Preliminary Testing and Evaluation. (A) As part of his or her evaluation of vehicles to determine compliance with the requirements of title 13, CCR section 1968.2, the Executive Officer may routinely conduct testing on any production vehicles that have been certified for sale in California. (B) Based upon such testing or any other information, including data from California or other State Inspection and Maintenance (I&M) stations, warranty information reports, and field information reports, the Executive Officer may conduct enforcement testing pursuant to sections (b)(3) through (5) below. (3) Vehicle Selection for Enforcement Testing. (A) Determining the Motor Vehicle Class. (i) Upon deciding to conduct enforcement testing, the Executive Officer shall determine the motor vehicle class to be tested. In determining the scope of the motor vehicle class to be tested, the Executive Officer shall consider the similarities and differences in the OBD II systems of potentially affected vehicles. Among other things, the Executive Officer shall consider whether vehicles share similar computer hardware and software, calibrations, or OBD II monitoring and emission control strategies. (ii) The default motor vehicle class is the test group or OBD II group used by the manufacturer to certify the vehicles to be tested. However, upon concluding that a subgroup of vehicles differs from other vehicles in the identified test group or OBD II group and that a reasonable basis exists to believe that the differences may directly impact the type of testing that will be performed, the Executive Officer may determine that a subgroup of the test group or OBD II group is the appropriate motor vehicle class for testing. (iii) Similarly, upon concluding that vehicles from several OBD II groups (which may include OBD II groups from different model years) share such common characteristics that a reasonable basis exists to believe that results of enforcement testing may be applicable to a motor vehicle class larger than a specific test group or OBD II group, the Executive Officer may determine that the appropriate motor vehicle class includes more than one test group or OBD II group. (iv) Except for testing to determine if an OBD II system has been designed to deactivate based on age and/or mileage (title 13, CCR section 1968.2 (d)(1.3)), the Executive Officer may not conduct testing of a motor vehicle class whose vehicles, on average, exceed the defined full useful life of the motor vehicle class. For purposes of the determination of this average, the Executive Officer shall use the accrual rates appropriate for vehicles in the motor vehicle class as defined in EMFAC2000 "Public Meeting to Consider Approval of Revisions to the State's On-Road Motor Vehicle Emissions Inventory: Technical Support Document, Section 7.1, 'Estimation of Average Mileage Accrual Rates from Smog Check Data,"' May 2000, incorporated by reference. (B) Size of Test Sample Group. After determining the motor vehicle class to be tested, the Executive Officer shall determine the appropriate number of vehicles to include in the test sample group for enforcement testing in accordance with the following guidelines: (i) For OBD II emission testing, the Executive Officer shall follow the provisions of title 13, CCR section 2137 regarding test sample size. In accordance with section 2137, the Executive Officer shall test 10 vehicles that have been procured following the protocol of section (b)(3)(C) below and meet the selection criteria of section (b)(3)(D)(i) below to determine the emissions characteristics of the motor vehicle class being tested. (ii) For OBD II ratio testing, the Executive Officer shall collect data from a test sample group of 30 vehicles that have been procured following the protocol of section (b)(3)(C) below and meet the selection criteria of section (b)(3)(D)(ii) below to determine the in-use OBD II monitoring performance of the motor vehicle class being tested. (iii) In determining compliance with any other requirements of title 13, CCR section 1968.2 (e.g., diagnostic connector location, communication protocol standards, MIL illumination protocol, evaporative system diagnostics, etc.), the Executive Officer shall determine, on a case by case basis, the number of vehicles meeting the selection criteria of section (b)(3)(D)(iii) needed to assure that the results of such testing may be reasonably inferred to the motor vehicle class. The Executive Officer's determination shall be based upon the nature of the noncompliance and the scope of the motor vehicle class. The test sample group could be as few as two test vehicles. (C) Protocol for Procuring Vehicles for Test Sample Group. (i) For OBD II emission and ratio testing, the Executive Officer shall procure vehicles consistent with the procurement process followed by the Executive Officer under title 13, CCR section 2137 (e.g., obtaining lists of all vehicles in the motor vehicle class within a specified geographical area, mailing postcards soliciting participation of vehicles within the specified area, selecting vehicles from those that responded to the solicitation, inspecting selected vehicles to determine whether appropriate to include in sample group, etc.). In selecting vehicles for OBD II emission testing, the Executive Officer shall include only vehicles meeting the criteria set forth in section (b)(3)(D)(i) below. For OBD II ratio testing, the Executive Officer shall include only vehicles meeting the criteria set forth in section (b)(3)(D)(ii) below. (ii) For all other testing, the Executive Officer shall, on a case by case basis, determine the appropriate manner for procuring vehicles. In making his or her determination, the Executive Officer shall consider the nature of the noncompliance and the scope of the motor vehicle class. If the Executive Officer concludes that a reasonable basis exists to believe that a vehicle operator's driving or maintenance habits would not substantially impact test results to determine noncompliance, he or she may procure vehicle(s) by any means that assures effective collection and testing of vehicles (e.g., rental car agencies, fleet vehicles, etc.). In all cases, however, the selection process must ensure proper selection of vehicles in accord with section (b)(3)(D)(iii) below. (D) Vehicles to be included in a Test Sample Group. (i) In selecting vehicles to be included in a test sample group for enforcement OBD II emission testing, the Executive Officer shall include only vehicles that: a. Are certified to the requirements of title 13, CCR section 1968.2 and California exhaust emission standards. b. Are registered for operation in California. c. Have mileage that is equal to or less than 75 percent of the certified full useful life mileage and have an age of less than the certified full useful life age for the subject vehicles. d. Have not been tampered with or equipped with add-on or modified parts that would cause the OBD II system not to comply with the requirements of title 13, CCR section 1968.2 or would have a permanent effect on exhaust emission performance. e. Have not been subjected to abuse (e.g., racing, overloading, misfueling) neglect, improper maintenance, or other factors that would cause the OBD II system not to comply with the requirements of title 13, CCR section 1968.2 or would have a permanent effect on exhaust emission performance. f. Have no detected or known malfunction(s) that would affect the performance of the OBD II system and are unrelated to the monitor or system being evaluated. At its discretion, the ARB may elect to repair a vehicle with a detected or known malfunction and then include the vehicle in the test sample group. g. Have had no major repair to the engine or major repair of the vehicle resulting from a collision. h. Have no problem that might jeopardize the safety of laboratory personnel. (ii) In selecting vehicles to be included in a test sample group for enforcement OBD II ratio testing, the Executive Officer shall include only vehicles that: a. Are certified to the requirements of title 13, CCR section 1968.2. b. Have collected sufficient vehicle operation data for the monitor to be tested. For monitors required to meet the in-use monitor performance ratio and to track and report ratio data pursuant to title 13, CCR section 1968.2(d)(3.2), sufficient vehicle operation data shall mean the denominator meets the criteria set forth in paragraphs 1. and 2. below. For monitors required to meet the in-use monitor performance ratio but not required to track and report ratio data pursuant to title 13, CCR section 1968.2(d)(3.2), sufficient vehicle operation data shall mean that vehicles that have a denominator that meets the criteria set forth in paragraphs 1. and 2. below after undergoing testing as set forth in section (b)(4)(C)(ii) below. Specifically, the denominator, as defined in title 13, CCR section 1968.2(d)(4.3), for the monitor to be tested must have a value equal to or greater than: 1. 150 for evaporative system monitors, secondary air system monitors, and monitors utilizing a denominator incremented in accordance with title 13, CCR sections 1968.2(d)(4.3.2)(E) or (F) (e.g., cold start monitors, air conditioning system monitors, etc.), or 2. 300 for catalyst, oxygen sensor, EGR, VVT, and all other component monitors. c. Have not been tampered with or equipped with add-on or modified parts that would cause the OBD II system not to comply with the requirements of title 13, CCR section 1968.2. d. Have mileage and age that are less than or equal to the certified full useful life mileage and age for the subject vehicles. (iii) In selecting vehicles to be included in a test sample group for enforcement testing of any other requirement of title 13, CCR section 1968.2 (not covered by sections (b)(3)(D)(i) or (ii) above), the Executive Officer shall include only vehicles that: a. Are certified to the requirements of title 13, CCR section 1968.2. b. Have not been tampered with or equipped with add-on or modified parts that would cause the OBD II system not to comply with the requirements of title 13, CCR section 1968.2. c. Have no detected or known malfunction(s) that would affect the performance of the OBD II system and are unrelated to the monitor or system being evaluated. At its discretion, the ARB may elect to repair a vehicle with a detected or known malfunction and then include the vehicle in the test sample group. d. Have mileage and age that are less than or equal to the certified full useful life mileage and age for the subject vehicles. (iv) If the Executive Officer discovers, by either evidence presented by the manufacturer as provided in section (b)(7) or on his or her own, that a vehicle fails to meet one or more of the applicable criteria of section (b)(3)(D)(i) through (iii), the Executive Officer shall remove the vehicle from the test sample group. The Executive Officer may replace any vehicle removed with an additional vehicle selected in accordance with sections (b)(3)(C) and (D) above. Test results relying on data from the removed vehicle shall be recalculated without using the data from the removed vehicle. (4) Enforcement Testing Procedures. (A) Prior to conducting any testing under section (b)(4), the Executive Officer may replace components monitored by the OBD II system with components that are sufficiently deteriorated or simulated to cause malfunctions that exceed the malfunction criteria established pursuant to title 13, CCR section 1968.2(e) in a properly operating system. The Executive Officer may not use components deteriorated or simulated to represent failure modes that could not have been foreseen to occur by the manufacturer (e.g., the use of leaded gasoline in an unleaded vehicle, etc.). Upon request by the Executive Officer, the manufacturer shall make available all test equipment (e.g., malfunction simulators, deteriorated "threshold" components, etc.) necessary to duplicate testing done by the manufacturer to determine the malfunction criteria used for major monitors subject to OBD II emission testing. (B) OBD II Emission Testing. After the test sample group has been selected and procured, the Executive Officer may perform one or more of the following tests: (i) Emission testing with the test procedures used by the Executive Officer for in-use testing of compliance with exhaust emission standards in accordance with title 13, CCR sections 2138 and 2139. (ii) On-road or dynamometer testing with the vehicle being driven in a manner that reasonably ensures that all of the monitoring conditions disclosed in the manufacturer's certification application for the tested monitor are encountered. (C) OBD II Ratio Testing. (i) For OBD II ratio testing of monitors required to meet the in-use monitor performance ratio and to track and report ratio data pursuant to title 13, CCR section 1968.2(d)(3.2), after the test sample group has been selected and procured, the Executive Officer shall download the data from monitors required to track and report such data. (ii) For OBD II ratio testing of monitors required to meet the in-use monitor performance ratio but not required to track and report ratio data pursuant to title 13, CCR section 1968.2(d)(3.2), after the test sample group has been selected and procured, the Executive Officer shall collect data by installing instrumentation or data-logging equipment on the vehicles. After installation of the equipment, the vehicles shall be returned to the vehicle owner/operator to continue to operate the vehicle until the minimum denominator criteria (see section (b)(3)(D)(ii)b.) are satisfied. The Executive Officer shall then calculate the ratio from the data collected in a manner that will allow the Executive Officer to effectively determine the in-use monitor performance ratio in accordance with the requirements of title 13, CCR section 1968.2(d)(3.2). (D) Testing for compliance with any other requirement of title 13, CCR section 1968.2. After the test sample group has been selected and procured, the Executive Officer may perform one or more of the following tests: (i) Emission testing on the applicable FTP cycle or other applicable emission test cycle used for measuring exhaust or evaporative emissions. (ii) On-road or dynamometer testing with the vehicle being driven in a manner that reasonably ensures that all of the monitoring conditions disclosed in the manufacturer's certification application for the tested monitor are encountered. (iii) Any other testing determined to be necessary by the Executive Officer. This may include, but is not limited to, the use of special test equipment to verify compliance with standardization requirements. (5) Additional Testing. (A) Based upon testing of the motor vehicle class in section (b)(4) above and after review of all evidence available at the conclusion of such testing, the Executive Officer may elect to conduct further testing of a subgroup of vehicles from the motor vehicle class if the Executive Officer has determined that: (i) a subgroup of tested vehicles differs sufficiently enough from other vehicles in the tested motor vehicle class, and (ii) a reasonable basis exists to believe that the identified differences may indicate that the subgroup may be nonconforming whereas the tested motor vehicle class as a whole is not. (B) Hereinafter all references to motor vehicle class shall be applicable to the subgroup meeting the conditions of section (b)(5)(A) above. (C) In any testing of a subgroup of vehicles under section (b)(5), the Executive Officer shall follow the vehicle selection and testing procedures set forth in sections (b)(3) and (4) above. (6) Finding of Nonconformance after Enforcement Testing. After conducting enforcement testing pursuant to section (b)(4) above, the Executive Officer shall make a finding of nonconformance of the OBD II system in the identified motor vehicle class if: (A) OBD II Emission Testing. (i) Intermediate In-Use Thresholds. For 2004 through 2008 model year vehicles, the results of the OBD II emission tests indicate that 50 percent or more of the vehicles in the test sample do not properly illuminate the MIL when emissions exceed: a. 2.0 times the FTP standards for malfunction criteria defined in title 13, CCR section 1968.2(e) that require MIL illumination at 1.5 or 1.75 times the FTP standards; b. 3.5 times the FTP standards for malfunction criteria defined in title 13, CCR section 1968.2(e) that require MIL illumination at 2.5 times the FTP standards; or c. 4.5 times the FTP standards for malfunction criteria defined in title 13, CCR section 1968.2(e) that require MIL illumination at 3.5 times the FTP standards. (ii) For 2009 and subsequent model year vehicles, the results of the OBD II emission tests indicate that 50 percent or more of the vehicles in the test sample do not properly illuminate the MIL when the emission malfunction criteria defined in title 13, CCR section 1968.2(e) are exceeded. (B) OBD II Ratio Testing. (i) For 2004 through 2008 model year vehicles certified to a ratio of 0.100 in accordance with title 13, CCR section 1968.2(d)(3.2.1)(D), the data collected from the vehicles in the test sample indicate either that the average in-use monitor performance ratio for one or more of the monitors in the test sample group is less than 0.100 or that 66.0 percent or more of the vehicles in the test sample group have an in-use monitor performance ratio of less than 0.100 for the same monitor. (ii) For 2006 and subsequent model year vehicles certified to the ratios in title 13, CCR sections 1968.2(d)(3.2.1)(A) through (C), the data collected from the vehicles in the test sample indicate either that 66.0 percent or more of the vehicles in the test sample group have an in-use monitor performance ratio of less than the required minimum ratio defined in title 13, CCR section 1968.2(d)(3.2.1) for the same monitor or that the average in-use monitor performance ratio for one or more of the monitors in the motor vehicle class is less than the required minimum ratio defined in title 13, CCR section 1968.2(d)(3.2.1) as defined by determining the average in-use monitor performance ratio for one or more of the monitors in the test sample group is less than: a. 0.230 for secondary air system monitors and other cold start related monitors utilizing a denominator incremented in accordance with title 13, CCR section 1968.2(d)(4.3.2)(E) (e.g., cold start strategy monitors, etc.); b. For evaporative system monitors: 1. 0.230 for monitors designed to detect malfunctions identified in title 13, CCR section 1968.2(e)(4.2.2)(C) (i.e., 0.020 inch leak detection); 2. 0.460 for monitors designed to detect malfunctions identified in title 13, CCR section 1968.2(e)(4.2.2)(A) and (B) (i.e., purge flow and 0.040 inch leak detection); c. 0.297 for catalyst, oxygen sensor, EGR, VVT system, and all other monitors specifically required in section title 13, CCR section 1968.2(e) to meet the monitoring condition requirements of title 13, CCR section 1968.2(d)(3.2). (C) All Other OBD II Testing. (i) The results of the testing indicate that at least 30 percent of the vehicles in the test sample do not comply with the same requirement of title 13, CCR section 1968.2. (ii) If the finding of nonconformance under section (b)(6)(C)(i) above concerns vehicles that do not comply with the requirements of title 13, CCR section 1968.2(d)(4) or (5) (e.g., numerators or denominators are not properly being incremented), it shall be presumed that the nonconformance would result in an OBD II ratio enforcement test result that would be subject to an ordered OBD II-related recall in accord with the criterion in section (c)(3)(A)(i). The manufacturer may rebut such a presumption by presenting evidence in accord with section (b)(7)(C)(iii) below that demonstrates to the satisfaction of the Executive Officer that the identified nonconformance would not result in an ordered OBD II-related recall under section (c)(3)(A)(i). (7) Executive Officer Notification to the Manufacturer Regarding Determination of Nonconformance. (A) Upon making the determination of nonconformance in section (b)(6) above, the Executive Officer shall notify the manufacturer in writing. (B) The Executive Officer shall include in the notice: (i) a description of each group or set of vehicles or engines in the motor vehicle class covered by the determination; (ii) the factual basis for the determination, including a summary of the test results relied upon for the determination; (iii) a statement that the Executive Officer shall provide to the manufacturer, upon request and consistent with the California Public Records Act, Government Code section 6250 et seq., all records material to the Executive Officer's determination; (iv) a provision allowing the manufacturer no less than 90 days from the date of issuance of the notice to provide the Executive Officer with any information contesting the findings set forth in the notice; and (v) a statement that if a final determination is made that the motor vehicle class is equipped with a nonconforming OBD II system, the manufacturer may be subject to appropriate remedial action, including recall and monetary penalties. (C) Within the time period set by the Executive Officer in section (b)(7)(B)(iv) and any extensions of time granted under section (b)(7)(H), the manufacturer shall provide the Executive Officer, consistent with paragraphs (i) through (iii) below, with any test results, data, or other information derived from vehicle testing that may rebut or mitigate the results of the ARB testing, including any evidence that a motor vehicle class, if determined to be nonconforming, should be exempted from mandatory recall. (See section (c)(3)(B) below.). (i) For OBD II emission testing and OBD II ratio testing: a. The manufacturer may submit evidence to demonstrate that vehicles in the test sample group used by the Executive Officer were inappropriately selected, procured, or tested in support of a request to have vehicles excluded from the test sample group in accordance with section (b)(3)(D)(iv). b. If the manufacturer elects to conduct additional testing of vehicles or engines in the motor vehicle class and submit the results of such testing to the Executive Officer, the manufacturer shall: 1. Present evidence that it has followed the vehicle procurement and test procedures set forth in sections (b)(3) and (4) above, or 2. If the manufacturer elects to use different procurement and testing procedures, submit a detailed description of the procedures used and evidence that such procedures provide an equivalent level of assurance that the results are representative of the motor vehicle class. (ii) If the manufacturer objects to the size of the test sample group or the method used to procure vehicles in the test sample group used by the Executive Officer pursuant to section (b)(3)(B)(iii) or (b)(3)(C)(ii), the manufacturer shall set forth what it considers to be the appropriate size and procurement method, the reasons therefore, and test data from vehicles that confirm the manufacturer's position. (iii) If the manufacturer elects to present evidence to overcome the presumption of nonconformance in section (b)(6)(C)(ii) above, the manufacturer shall demonstrate that the vehicles in the motor vehicle class comply with in-use monitor performance ratio requirements of title 13, CCR section 1968.2(d)(3.2) by presenting: a. Evidence in accord with the procurement and testing requirements of sections (b)(3) and (4). b. Any other evidence that provides an equivalent level of proof that vehicles operated in California comply with the in-use monitor performance ratio requirements. (D) The Executive Officer may, but is not required to, accept any information submitted by a manufacturer pursuant to section (b)(7)(C) above after the time established for submission of such information has passed unless the manufacturer could not have reasonably foreseen the need for providing the information within the time period provided. In determining whether to accept late information, the Executive Officer will consider the lateness of the submission, the manufacturer's reasons for why such information was not timely presented, the materiality of the information to the Executive Officer's final determination, and what effect any delay may have on effective enforcement and the health and welfare of the State. (E) The requirements of section (b)(7) shall not be construed to abridge the manufacturer's right to assert any privilege or right provided under California law. (F) After receipt of any information submitted by the manufacturer pursuant to section (b)(7)(C) above, the Executive Officer shall consider all information submitted by the manufacturer and may conduct any additional testing that he or she believes is necessary. (G) Final Determination. (i) Within 60 days after completing any additional testing that the Executive Officer deemed necessary under section (b)(7)(F) above, the Executive Officer shall notify the manufacturer of his or her final determination regarding the finding of nonconformity of the OBD II system in the motor vehicle class. The determination shall be made after considering all of the information collected and received, including all information that has been received from the manufacturer. (ii) The notice must include a description of each test group(s), OBD II group(s), or subgroups thereof, that has been determined to have a nonconforming OBD II system and set forth the factual bases for the determination. (H) Extensions. The Executive Officer may for good cause extend the time requirements set forth in section (b)(7). In granting additional time to a manufacturer, the Executive Officer shall consider, among other things, any documentation submitted by the manufacturer regarding the time that it reasonably believes is necessary to conduct its own testing, why such information could not have been more expeditiously presented, and what effect any delay caused by granting the extension may have on effective enforcement and the health and welfare of the State. The Executive Officer shall grant a manufacturer a reasonable extension of time upon the manufacturer demonstrating that despite the exercise of reasonable diligence, the manufacturer has been unable to produce relevant evidence in the time initially provided. (c) Remedial Action (1) Voluntary OBD II-Related Recalls. If a manufacturer initiates a voluntary OBD II-related recall campaign, the manufacturer shall notify the Executive Officer of the recall at least 45 days before owner notification is to begin. The manufacturer shall also submit a voluntary OBD II-related recall plan for approval, as prescribed under section (d)(1) below. A voluntary recall plan shall be deemed approved unless disapproved by the Executive Officer within 30 days after receipt of the recall plan. (2) Influenced OBD II-Related Recalls. (A) Upon being notified by the Executive Officer, pursuant to section (b)(7)(G), that a motor vehicle class is equipped with a nonconforming OBD II system, the manufacturer may, within 45 days from the date of service of such notification, elect to conduct an influenced OBD II-related recall of all vehicles within the motor vehicle class for the purpose of correcting the nonconforming OBD II systems. Upon such an election, the manufacturer shall submit an influenced OBD II-related recall plan for approval, as prescribed under section (d)(1) below. (B) If a manufacturer does not elect to conduct an influenced OBD II-related recall under section (c)(2)(A) above, the Executive Officer may order the manufacturer to undertake appropriate remedial action, up to and including the recall and repair of the nonconforming OBD II systems. (3) Ordered Remedial Action-Mandatory Recall. (A) Except as provided in sections (c)(3)(B) below, the Executive Officer shall order the recall and repair of all vehicles and engines in a motor vehicle class that have been determined to be equipped with a nonconforming OBD II system if enforcement testing conducted pursuant to section (b) above or information received from the manufacturer indicates that: (i) For 2006 and subsequent model year vehicles certified to the ratios in title 13, CCR sections 1968.2 (d)(3.2.1)(A) through (C), the average in-use monitor performance ratio for one or more of the major monitors in the test sample group is less than or equal to 33.0 percent of the applicable required minimum ratio established in title 13, CCR section 1968.2(d)(3.2.1) (e.g., if the required ratio is 0.336, less than or equal to a ratio of 0.111) or 66.0 percent or more of the vehicles in the test sample group have an in-use monitor performance ratio of less than or equal to 33.0 percent of the applicable required minimum ratio established in title 13, CCR section 1968.2(d)(3.2.1) for the same major monitor. For 2004 through 2008 model year vehicles certified to the 0.100 ratio in title 13, CCR section 1968.2 (d)(3.2.1)(D), the Executive Officer shall determine the remedial action for nonconformances regarding the in-use monitor performance ratio in accordance with section (c)(4) below. (ii) When the vehicle is tested on-road and driven so as to reasonably encounter all monitoring conditions disclosed in the manufacturer's certification application, the OBD II system is unable to detect and illuminate the MIL for a malfunction of a component/system monitored by a major monitor (other than the monitors for misfire causing catalyst damage and the evaporative system) prior to emissions exceeding two times the malfunction criteria of title 13, CCR section 1968.2(e) (e.g., if the malfunction criteria is 1.75 times the applicable FTP standard, recall would be required when emissions exceed 3.5 times the applicable FTP standard). Additionally, for the first two years that a new major monitor is required (e.g., 2006 and 2007 model year for cold start strategy monitoring in title 13, CCR section (e)(11)), the Executive Officer shall use three times the malfunction criteria in lieu of two times the malfunction criteria (e.g., if the malfunction criterion is 1.5 times the applicable FTP standard, recall would be required when emissions exceed 4.5 times the applicable FTP standard). For purposes of the emission exceedance determination, carbon monoxide (CO) emissions are not considered. (iii) The monitor for misfire causing catalyst damage is unable to properly detect and illuminate the MIL for misfire rates that are more than 20 percentage points greater than the misfire rates disclosed by the manufacturer in its certification application as causing catalyst damage (e.g., if the disclosed misfire rate is 12 percent, recall would be required if the misfire rate is greater than 32 percent without proper detection). (iv) When the vehicle is tested on-road and driven so as to reasonably encounter all monitoring conditions disclosed in the manufacturer's certification application, the evaporative system monitor is unable to detect and illuminate the MIL for a cumulative leak or leaks in the evaporative system equivalent to that caused by an orifice with a diameter of at least 1.5 times the diameter of the required orifice in title 13, CCR section 1968.2(e)(4.2.2)(C). (v) When the vehicle is tested on-road and driven so as to reasonably encounter all monitoring conditions disclosed in the manufacturer's certification application, the OBD II system cannot detect and illuminate the MIL for a malfunction of a non-major monitor component that effectively disables a major monitor and the major monitor, by being disabled, meets the criteria for recall identified in sections (c)(3)(A)(ii) or (iv) above (e.g. is unable to detect and illuminate the MIL for malfunctions that cause FTP emissions to exceed two times the malfunction criteria). (vi) The motor vehicle class cannot be tested so as to obtain valid test results in accordance with the procedures of the California Inspection & Maintenance (I/M) program applicable at the time of vehicle certification due to the nonconforming OBD II system. If the I/M test procedures have been amended within two years prior to the time of certification, the motor vehicle manufacturer may elect to use the preceding procedures. (B) A motor vehicle class shall not be subject to mandatory recall if the Executive Officer determines that, even though a monitor meets a criterion set forth in section (c)(3)(A)(i)-(vi) for mandatory recall: (i) The OBD II system can still detect and illuminate the MIL for all malfunctions monitored by the nonconforming monitor (e.g., monitor "A" is non-functional but monitor "B" is able to detect all malfunctions of the component(s) monitored by monitor "A"). (ii) The monitor meets the criterion solely due to a failure or deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer. (iii) The failure or deterioration of the monitored component or system that cannot be properly detected causes the vehicle to be undriveable (e.g., vehicle stalls continuously or the transmission will not shift out of first gear, etc.) or causes an overt indication such that the driver is certain to respond and have the problem corrected (e.g., illumination of an over-temperature warning light or charging system light that uncorrected will result in an undriveable vehicle, etc.). (C) A motor vehicle class that is not subject to mandatory recall pursuant to paragraph (B) above may still be subject to remedial action pursuant to section (c)(4) below. (4) Other Ordered Remedial Action. (A) If the Executive Officer has determined based upon enforcement testing conducted pursuant to section (b) above or information received from the manufacturer that a motor vehicle class is equipped with a nonconforming OBD II system and the nonconformance does not fall within the provisions of section (c)(3)(A) above, he or she may require the manufacturer to undertake remedial action up to and including recall of the affected motor vehicle class. (B) In making his or her findings regarding remedial action, the Executive Officer shall consider the capability of the OBD II system to properly function. This determination shall be based upon consideration of all relevant circumstances including, but not limited to, those set forth below. (i) Whether the manufacturer identified and informed the ARB about the nonconformance(s) or whether the ARB identified the nonconformance(s) prior to being informed by the manufacturer. (ii) The number of nonconformances. (iii) If the identified nonconformance(s) is with a major monitor(s), the nature and extent of the nonconformance(s), including: a. the degree to which the in-use monitor performance ratio(s) is below the required ratio(s) specified in title 13, CCR section 1968.2(d)(3.2.1), and b. the amount of the emission exceedance(s) over the established malfunction criteria set forth in title 13, CCR section 1968.2(e) before a malfunction is detected and the MIL is illuminated. (iv) If the identified nonconformance(s) is with a non-major monitor the nature and extent of the nonconformance(s), including: a. the degree to which the in-use monitor performance ratio(s) (where applicable) is below the required ratio(s) specified in title 13, CCR section 1968.2(d)(3.2.1), b. the degree to which the monitored component must be malfunctioning or exceed the established malfunction criteria set forth in title 13, CCR section 1968.2(e) before a malfunction is detected and the MIL is illuminated, and c. the effect that the nonconformance(s) has on the operation of a major monitor(s). (v) The impact of the nonconformance on vehicle owners (e.g., cost of future repairs, driveability, etc.) and the ability of the service and repair industry to make effective repairs (e.g., difficulty in accessing fault information, diagnosing the root cause of a failure, etc.). (vi) The degree to which the identified nonconformance(s) complicates, interferes with, disrupts, or hampers a service technician's ability to follow California I/M testing protocol when performing a California I/M inspection. (vii) The failure of the data link connector of the motor vehicle class to meet the requirements of title 13, CCR section 1968.2(f)(2). (viii) The failure of the PCV system in a motor vehicle class to comply with the requirements of title 13, CCR section 1968.2(e)(9). (ix) The failure of the cooling system monitor in a motor vehicle class to properly verify that the cooling system reaches the highest enable temperature used for any other monitor when the vehicle is operated in the monitoring conditions disclosed in the manufacturer's certification application, or failure to comply with any requirement in title 13, CCR section 1968.2(e)(10). (x) The estimated frequency that a monitor detects a malfunction and illuminates the MIL when no component malfunction is present (i.e., false MILs). (xi) The estimated frequency that a monitor fails to detect a malfunction and illuminate the MIL when the monitoring conditions, as set forth in the manufacturer's approved certification application, have been satisfied and a faulty or deteriorated monitored component is present (i.e., false passes). (xii) Whether the manufacturer submitted false, inaccurate, or incomplete documentation regarding the identified nonconformance at the time of certification pursuant to title 13, CCR section 1968.2(h) and the extent to which the false, inaccurate, or incomplete documentation was material to the granting of certification. (C) In making the determination, the average tailpipe and evaporative emissions of vehicles within the affected motor vehicle class shall not be considered. (5) Assessment of Monetary Penalties. The Executive Officer may seek penalties pursuant to the applicable provisions of the Health and Safety Code for violations of the requirements of title 13, CCR section 1968.2 or for production vehicles otherwise failing to be equipped with OBD II systems that have been certified by the ARB. In determining the penalty amounts that the ARB may seek, the Executive Officer shall consider all relevant circumstances including the factors set forth below: (A) Whether the manufacturer self-reported the nonconformity or the ARB discovered the nonconformity independent of the manufacturer. (B) The nature and degree of the nonconformity and whether the manufacturer should reasonably have discovered the nonconformity and taken corrective action by voluntary OBD II-related recall or running changes during the production year. (C) The economic benefits, if any, gained by the manufacturer from not complying with the provisions of title 13, CCR section 1968.2. (D) The manufacturer's history of compliance with the OBD II requirements. (E) The preventative efforts taken by the manufacturer to avoid noncompliance, including any programs followed by the manufacturer to ensure compliance. (F) The manufacturer's efforts to correct the nonconformity once it was identified. (G) The innovative nature and magnitude of effort, including the cost of any other proposed remedial action, necessary to correct the nonconformity. (H) The deterrent effect of the penalty. (I) Whether the manufacturer has failed to provide complete and accurate information required to be submitted at the time of certification pursuant to title 13, CCR section 1968.2(h). (J) The nature and degree that OBD II systems on production vehicles differ from the systems that have been certified by the ARB. (6) Notice to Manufacturer for an Ordered Remedial Action. (A) The Executive Officer shall immediately notify the manufacturer upon the Executive Officer determining the type of remedial action to be taken. (B) For remedial actions other than the assessment of monetary penalties, the notice must: (i) specifically set forth the remedial action that is being ordered, (ii) include a description of the test group(s), OBD II group(s), or subgroup(s) thereof, that has been determined to have a nonconforming OBD II system, (iii) set forth the factual bases for the determination, and (iv) designate a date at least 45 days from the date of receipt of such notice by which the manufacturer shall submit a plan, pursuant to section (d)(1) below, outlining the remedial action to be undertaken consistent with the Executive Officer's order. Except as provided in section (c)(7)(C) below, all plans shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, California 91731, within the time limit specified in the notice. The Executive Officer may grant the manufacturer an extension of time for good cause. (C) For cases in which the ARB elects to seek monetary penalties pursuant to authority granted under the Health and Safety Code, the Executive Officer shall issue a notice to the manufacturer that he or she will be filing a complaint in the appropriate administrative or civil court forum seeking penalties against the manufacturer for violations of title 13, CCR section 1968.2. The notice must include a description of the test group(s), OBD II group(s), or subgroup(s) thereof, that have been determined to have a nonconforming OBD II system and set forth the factual bases for the determination. (7) Availability of Public Hearing to Contest Remedial Actions Other than Determination to Seek Monetary Penalties. (A) Within 45 days from the date of receipt of the notice that is required under section (c)(6) above, the manufacturer may request a public hearing pursuant to the procedures set forth in title 17, CCR section 60055.1, et seq., to contest the findings of nonconformity, the necessity for, or the scope of any ordered remedial action. Pursuant to those procedures, the Executive Officer has the initial burden of presenting evidence that those parts of the Executive Officer's determination specifically challenged are supported by the facts and applicable law. (Title 17, CCR section 60055.32(d)(1).) Each issue of controversy shall be decided based upon the preponderance of the evidence presented at the hearing. (Title 17, CCR section 60055.32(h).) (B) Notwithstanding the provisions of title 17, CCR section 60055.17(a)(1), administrative hearings conducted pursuant to a request filed under section (c)(7)(A) above shall be referred to the Office of Administrative Hearings, which shall otherwise follow the procedures established in title 17, CCR section 60055.1 et seq. (C) If a manufacturer requests a public hearing pursuant to section (c)(7)(A) above and if the Executive Officer's determination of nonconformity is confirmed at the hearing, the manufacturer shall submit the required remedial action plan in accordance with section (d)(1) below within 30 days after receipt of the Board's decision. (d) Requirements for Implementing Remedial Actions (1) Remedial Action Plans. (A) A manufacturer initiating a remedial action (voluntary, influenced, or ordered), other than payment of monetary penalties, shall develop a remedial action plan that contains the following information, unless otherwise specified: (i) A description of each test group, OBD II group, or subgroup thereof covered by the remedial action, including the number of vehicles or engines, the engine families, test groups, or subgroups within the identified class(es), the make(s), model(s), and model years of the covered vehicles and engines, and such other information as may be required to identify the covered vehicles or engines. (ii) A description of the nonconforming OBD II system and, in the case of a recall (whether voluntary, influenced, or ordered), the specific modifications, alterations, repairs, adjustments, or other changes to correct the nonconforming OBD II system, including data and/or engineering evaluation supporting the specific corrections. (iii) A description of the method that the manufacturer will use to determine the names and addresses of vehicle or engine owners and the manufacturer's method and schedule for notifying the service facilities and vehicle or engine owners of the remedial action. (iv) A copy of all instructions that the manufacturer will use to notify service facilities about the required remedial action and the specific corrections, if any, that will be required to be made to the nonconforming OBD II systems. (v) A description of the procedure to be followed by vehicle or engine owners to obtain remedial action for the nonconforming OBD II system. This must include the date, on or after which the owner can have required remedial action performed, the time reasonably necessary to perform the labor to remedy the nonconformity, and the designation of facilities at which the nonconformity can be remedied. (vi) If some or all of the nonconforming OBD II systems are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of such class of service agents and what steps, including a copy of all instructions mailed to such service agents, the manufacturer will take to assure that such agents are prepared and equipped to perform the proposed remedial action. (vii) A copy of the letter of notification to be sent to vehicle or engine owners. (viii) A proposed schedule for implementing the remedial action, including identified increments of progress towards full implementation. (ix) A description of the method that the manufacturer will use to assure that an adequate supply of parts will be available to initiate the remedial action campaign on the date set by the manufacturer and that an adequate supply of parts will continue to be available throughout the campaign. (x) A description and test data of the emission impact, if any, that the proposed remedial action may cause to a representative vehicle or engine from the motor vehicle class to be remedied. (xi) A description of the impact, if any, and supporting data and/or engineering evaluation, that the proposed remedial action will have on fuel economy, driveability, performance, and safety of the motor vehicle class covered by the remedial action. (xii) Any other information, reports, or data which the Executive Officer may reasonably determine to be necessary to evaluate the remedial action plan. (B) Approval and Implementation of Remedial Action Plans. (i) If the Executive Officer finds that the remedial action plan is designed effectively to address the required remedial action and complies with the provisions in section (d)(1)(A) above, he or she shall notify the manufacturer in writing within 30 days of receipt of the plan that the plan has been approved. (ii) The Executive Officer shall approve a voluntary, influenced, or ordered remedial action plan if the plan contains the information specified in section (d)(1)(A) above and is designed to notify the vehicle or engine owner and implement the remedial action in an expeditious manner. (iii) In disapproving an ordered remedial action plan, the Executive Officer shall notify the manufacturer in writing of the disapproval and the reasons for the determination. The manufacturer shall resubmit a revised remedial action plan that fully addresses the reasons for the Executive Officer's disapproval within 10 days of receipt of the disapproval notice. (iv) Upon receipt of the approval notice of the ordered remedial action plan from the Executive Officer, the manufacturer shall, within 45 days of receipt of the notice, begin to notify vehicle or engine owners and implement the remedial action campaign. (v) If the Executive Officer disapproves a voluntary or influenced remedial action plan, the manufacturer shall either accept the proposed modifications to the plan as suggested by the Executive Officer, resubmit a revised remedial action plan that fully addresses the reasons for the Executive Officer's disapproval within 30 days, or be subject to an Executive Officer order that the manufacturer undertake appropriate remedial action pursuant to section (c)(2)(B) above. (vi) Upon receipt of the voluntary or influenced remedial action approval notice from the Executive Officer, the manufacturer shall begin to notify vehicle or engine owners and implement the remedial action campaign according to the schedule indicated in the remedial action plan. (2) Eligibility for Remedial Action. (A) The manufacturer may not condition a vehicle or engine owner's eligibility for remedial action required under section 1968.5 on the proper maintenance or use of the vehicle or engine. (B) The manufacturer shall not be obligated to repair a component which has been modified or altered such that the remedial action cannot be performed without additional cost. (3) Notice to Owners. (A) The manufacturer shall notify owners of vehicles or engines in the motor vehicle class covered by the remedial order. The notice must be made by first-class mail or by such other means as approved by the Executive Officer. When necessary, the Executive Officer may require the use of certified mail for ordered remedial actions to assure effective notification. (B) The manufacturer shall use all reasonable means necessary to locate vehicle or engine owners, including motor vehicle registration lists available from the California Department of Motor Vehicles and commercial sources such as R.L. Polk & Co. (C) The notice must contain the following: (i) For ordered remedial actions, a statement: "The California Air Resources Board has determined that your (vehicle or engine) (is or may be) equipped with an improperly functioning on-board emission-related diagnostic system that violates established standards and regulations that were adopted to protect your health and welfare from the dangers of air pollution." (ii) For voluntary and influenced remedial actions, a statement: "Your (vehicle or engine) (is or may be) equipped with an improperly functioning on-board emission-related diagnostic system that violates (California or California and Federal) standards and regulations" if applicable as determined by the Executive Officer. (iii) A statement that the nonconformity of any such vehicles or engines will be remedied at the expense of the manufacturer. (iv) A statement that eligibility for remedial action may not be denied solely on the basis that the vehicle or engine owner used parts not manufactured by the original equipment vehicle manufacturer, or had repairs performed by outlets other than the vehicle or engine manufacturer's franchised dealers. (v) Instructions to the vehicle or engine owners on how to obtain remedial action, including instructions on whom to contact (i.e., a description of the facilities where the vehicles or engines should be taken for the remedial action), the first date that a vehicle or engine may be brought in for remedial action, and the time that it will reasonably take to correct the nonconformity. (vi) The statement: "In order to assure your full protection under the emission warranty provisions, it is recommended that you have your (vehicle or engine) serviced as soon as possible. Failure to do so could be determined as lack of proper maintenance of your (vehicle or engine)." (vii) A telephone number for vehicle and engine owners to call to report difficulty in obtaining remedial action. (viii) A card to be used by a vehicle or engine owner in the event the vehicle or engine to be recalled has been sold. Such card should be addressed to the manufacturer, have postage paid, and shall provide a space in which the owner may indicate the name and address of the person to whom the vehicle or engine was sold or transferred. (ix) If the remedial action involves recall, the notice must also provide: a. A clear description of the components that will be affected by the remedial action and a general statement of the measures to be taken to correct the nonconformity. b. A statement that such nonconformity, if not corrected, may cause the vehicle or engine to fail an emission inspection or I/M smog check test. c. A statement describing the adverse effects, if any, of an uncorrected nonconforming OBD II system on the performance, fuel economy, or durability of the vehicle or engine. d. A statement that after remedial action has been taken, the manufacturer will have the service facility issue a certificate showing that a vehicle has been corrected under the recall program, and that such a certificate will be required to be provided to the Department of Motor Vehicles as a condition for vehicle registration. (D) A notice sent pursuant to this section or any other communication sent to vehicle or engine owners or dealers may not contain any statement, expressed or implied, that the OBD II system is compliant or that the OBD II system will not degrade air quality. (E) The Executive Officer shall inform the manufacturer of any other requirements pertaining to the notification under section (d)(3) which the Executive Officer has determined as reasonable and necessary to assure the effectiveness of the recall campaign. (4) Label Indicating that Recall Repairs Have Been Performed. (A) If the required remedial action involves recall of a test group(s), OBD II group(s), or subgroup(s) thereof, the manufacturer shall require those who perform inspections and/or recall repairs to affix a label to each vehicle or engine that has been inspected and/or repaired. (B) The label must be placed in a location approved by the Executive Officer and must be fabricated of a material suitable for such location in which it is installed and which is not readily removable. (C) The label must contain the remedial action campaign number and a code designating the facility at which the remedial action or inspection to determine the need for remedial action was performed. (5) Proof of Performance of Remedial Action Certificate. If the required remedial action involves a recall, the manufacturer shall provide, through its service agents, to owners of vehicles or engines that have had the remedial action performed a certificate that confirms that the vehicle has been recalled and that required inspection and/or repairs have been performed. The certificate must be in a format prescribed by the Executive Officer, however, the Executive Officer may not require a format different in any way from the format of the certificate required in title 13, CCR sections 2117 and 2129. (6) Record Keeping and Reporting Requirements. (A) The manufacturer shall maintain sufficient records to enable the Executive Officer to conduct an analysis of the adequacy of the remedial action. (B) Unless otherwise specified by the Executive Officer, the manufacturer shall report on the progress of the remedial action campaign by submitting reports for eight consecutive quarters commencing with the quarter immediately after the recall campaign begins. The reports shall be submitted no later than 25 days after the close of each calendar quarter to: Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, California 91731. For each recall campaign, the quarterly report must contain the following: (i) The test group and the remedial action campaign number designated by the manufacturer and a brief description of the nature of the campaign. (ii) The date owner notifications began and date completed. (iii) The number of vehicles or engines involved in the remedial action campaign. (iv) The number of vehicles or engines known or estimated to be equipped with the nonconforming OBD II system and an explanation of the means by which this number was determined. (v) The number of vehicles or engines inspected during the campaign since its inception. (vi) The number of vehicles or engines found to be affected by the nonconformity during the campaign since its inception. (vii) The number of vehicles or engines receiving remedial action during the campaign since its inception. (viii) The number of vehicles or engines determined to be unavailable for inspection or remedial action, during the campaign since its inception, due to exportation, theft, scrapping, or other reasons (specify). (ix) The number of vehicles or engines, during the campaign since its inception, determined to be ineligible for remedial action under section (d)(2)(B). (x) An initial list, using the following data elements and designated positions, indicating all vehicles or engines subject to recall that the manufacturer has not been invoiced for, or a subsequent list indicating all vehicles subject to the recall that the manufacturer has been invoiced for since the previous report. The list must be supplied in a standardized computer format to be specified by the Executive Officer. The date elements must be written in "ASCII" code without a comma separating each element. For example: XTY32A71234E-9456123408-25-91A. The add flag (see below) should reflect the vehicles or engines for which the manufacturer has not been invoiced and the delete flag should reflect changes since the previous report. The Executive Officer may change the frequency of this submittal depending on the needs of enforcement. The Executive Officer may not, however, require a frequency or format for this submittal that is different in any way from the frequency or format determined by the Executive Officer as required for reporting of data in title 13, CCR sections 2119(a)(10) and 2133(a)(10). Data Elements Positions 1 2-8 Last three VIN positions 9-11 12-17 18-22 (Mfg. Occupational License Number) 23-30 31 32-48 (File Code "L" or "S") (xi) A copy of any service bulletins issued during the reporting period by the manufacturer to franchised dealerships or other service agents that relate to the nonconforming OBD II system and the remedial action and have not previously been reported to the Executive Officer. (xii) A copy of all communications transmitted to vehicle or engine owners that relate to the nonconforming OBD II systems and the required remedial action and have not been previously reported to the Executive Officer. (C) If the manufacturer determines that any of the information submitted to the Executive Officer pursuant to section (d) has changed or is incorrect, the manufacturer shall submit the revised information, with an explanation. (D) The manufacturer shall maintain in a form suitable for inspection, such as computer information, storage devices, or card files, and shall make available to the Executive Officer or his or her authorized representative upon request, the names and addresses of vehicle or engine owners: (i) To whom notification was sent; (ii) Whose vehicles or engines were repaired or inspected under the recall campaign; (iii) Whose vehicles or engines were determined not to be eligible for remedial action because the vehicles or engines were modified, altered, or unavailable due to exportation, theft, scrapping, or other reason specified in the answer to sections (d)(6)(B)(viii) and (ix). (E) The information gathered by the manufacturer to compile the reports required by these procedures must be retained for no less than one year beyond the useful life of the vehicles or engines and must be made available to authorized personnel of the ARB upon request. (F) The filing of any report under the provisions of these procedures must not affect the manufacturer's responsibility to file reports or applications, obtain approval, or give notice under any other provisions of law. (7) Extension of Time. Upon request of the manufacturer, the Executive Officer may extend any deadline set forth in section 1968.5(d) upon finding that the manufacturer has demonstrated good cause for the requested extension. (e) Penalties for Failing to Comply with the Requirements of Section (d) (1) In addition to the penalties that may be assessed by the Executive Officer pursuant to section (c) because of a manufacturer's failure to comply with the requirements of title 13, CCR section 1968.2, a manufacturer may be subject to penalties pursuant to section 43016, Health and Safety Code for failing to comply with the requirements of section (d). (2) If a manufacturer fails to comply with a voluntary or influenced remedial action plan, the Executive Officer may order remedial action pursuant to section (c) above. Note: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43016, 43018, 43100, 43101, 43104, 43105, 43105.5, 43106, 43154, 43211 and 43212, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 39037.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600-39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204, 43211 and 43212, Health and Safety Code. s 1969. Motor Vehicle Service Information - 1994 and Subsequent Model Passenger Cars, Light-Duty, Medium-Duty Vehicles, and Heavy-Duty Vehicles. (a) Applicability. (1) This section shall apply to: (1) all California-certified 1994 and subsequent model-year passenger cars, light-duty trucks and medium-duty vehicles equipped with on-board diagnostic (OBD) systems pursuant to title 13, California Code of Regulations, section 1968.1 or 1968.2: and (2) all 2007 and subsequent model year California-certified heavy-duty engines and transmissions equipped with diagnostic systems pursuant to title 13, California Code of Regulations, section 1971. This section shall supersede the provisions of section 1968.1(k)(2.1) at all times that this section is effective and operative. These regulations shall also apply to any passenger cars, light-duty trucks, medium-duty vehicles, and heavy-duty vehicles certified to future on-board diagnostic requirements adopted by the Air Resources Board. (2) Motor vehicle manufacturers shall comply with amendments made to this section no later than 90 days after such amendments are made effective by the Secretary of State, except for paragraph (f)(3)(A) for which compliance is required no later than 180 days after such amendments are made effective by the Secretary of State. Copies of any amendments to this section may be obtained upon request to the Chief of the Mobile Source Operations Division at 9528 Telstar Avenue, El Monte, California 91731. (b) Severability of Provisions. If any provision of this section or its application is held invalid, the remainder of the section and the application of such provision to other persons or circumstances shall not be affected. (c) Definitions. The definitions in section 1900(b), Division 3, Chapter 9, Title 13 of the California Code of Regulations, apply with the following additions: (1) "Access codes, recognition codes and encryption" mean any type, strategy, or means of encoding software, information, devices, or equipment that would prevent the access to, use of, or proper function of any emission-related part. (2) "Authorized service network" means a group of independent service and repair facilities that are recognized by motor vehicle manufacturers as being capable of performing repairs to factory specifications, including warranty repair work. (3) "Bi-directional control" means the capability of a diagnostic tool to send messages on the data bus (if applicable) that temporarily override a module's control over a sensor or actuator and give control to the diagnostic tool operator. Bi-directional controls do not create permanent changes to engine or component calibrations. (4) "Covered person" means: (1) any person or entity engaged in the business of service or repair of light- and medium-duty motor vehicles, engines, or transmissions who is licensed or registered with the Bureau of Automotive Repair, pursuant to Section 9884.6 of the Business and Professions Code, to conduct that business in California; (2) any person or entity engaged in the business of service or repair of heavy-duty motor vehicles, engines, or transmissions; (3) any commercial business or government entity that repairs or services its own California motor vehicle fleet(s); (4) tool and equipment companies; or (5) any person or entity engaged in the manufacture or remanufacturer of emission-related motor vehicle parts for California motor vehicles and motor vehicle engines. (5) "Data stream information" means information that originates within the vehicle by a module or intelligent sensor (including, but not limited to, a sensor that contains and is controlled by its own module) and is transmitted between a network of modules and intelligent sensors connected in parallel with either one or two communications wires. The information is broadcast over communication wires for use by other modules such as chassis or transmission modules to conduct normal vehicle operation or for use by diagnostic tools. Data stream information does not include engine calibration-related information. (6) "Days" means calendar days (unless otherwise specified in this section); in computing the time within which a right may be exercised or an act is to be performed, the day of the event from which the designated period runs shall not be included and the last day shall be included, unless the last day falls on a Saturday, Sunday, or a California-recognized holiday observed by the subject motor vehicle manufacturer, in which case the last day shall be the following day. (7) "Emission-related motor vehicle information" means information regarding any of the following: (A) Any original equipment system, component, or part that controls emissions. (B) Any original equipment system, component, or part associated with the powertrain system including, but not limited to, the fuel system and ignition system. (C) Any original equipment system or component that is likely to impact emissions, including, but not limited to, the transmission system. (8) "Emission-related motor vehicle part" means any direct replacement automotive part or any automotive part certified by Executive Order that may affect emissions from a motor vehicle or engine, including replacement parts, consolidated parts, rebuilt parts, remanufactured parts, add-on parts, modified parts and specialty parts. (9) "Enhanced data stream information" means data stream information that is specific for a motor vehicle manufacturer's brand of tools and equipment. (10) "Enhanced diagnostic tool" means a diagnostic tool that is specific to the motor vehicle manufacturer's vehicles. (11) "Fair, reasonable, and nondiscriminatory price", for the purposes of section 1969, means a price that allows motor vehicle manufacturers to be compensated for the cost of providing required emission-related motor vehicle information and diagnostic tools considering the following: (A) The net cost to the motor vehicle manufacturers' franchised dealerships or authorized service networks for similar information obtained from motor vehicle manufacturers, less any discounts, rebates or other incentive programs; (B) The cost to the motor vehicle manufacturer for preparing and distributing the information, excluding any research and development costs incurred in designing and implementing, upgrading or altering the onboard computer and its software or any other vehicle part or component. Amortized capital costs for the preparation and distribution of the information may be included; (C) The price charged by other motor vehicle manufacturers for similar information; (D) The price charged by the motor vehicle manufacturer for similar information immediately prior to the applicability of this section; (E) The ability of an average covered person to afford the information. (F) The means by which the information is distributed; (G) The extent to which the information is used, which includes the number of users, and frequency, duration, and volume of use; and (H) Inflation. (12) "Initialization" or "reinitialization" means the process of resetting a vehicle security system by means of an ignition key or access code(s). (13) "Intermediary information repository" means any individual or entity, other than a motor vehicle manufacturer, which collects and makes available to covered persons service information and/or information related to the development of emission-related diagnostic tools. (14) "Motor vehicle manufacturer," for the purpose of section 1969, means: (A) Any manufacturer of 1994 and subsequent model year passenger cars, light-duty trucks, and medium-duty vehicles equipped with OBD systems pursuant to title 13, California Code of Regulations, sections 1968.1 and 1968.2, or; (B) Any manufacturer that has certified in California a 2007 and subsequent model year heavy-duty engine or transmission equipped with an on-board diagnostic system. (15) "Nondiscriminatory" as used in the phrase "fair, reasonable, and nondiscriminatory price" means that motor vehicle manufacturers shall not set a price for emission-related motor vehicle information or tools that provides franchised dealerships or authorized service networks with an unfair economic advantage over covered persons. (16) "On-board diagnostic system" or "OBD system" for purposes of this section means any system certified to meet the requirements of title 13, California Code of Regulations, Section 1968.1, 1968.2, 1971, or future OBD requirements adopted by the Air Resources Board. (17) A "Reasonable business means" is a method or mode of distribution or delivery of information that is commonly used by businesses or government to distribute or deliver and receive information at a fair, reasonable, and nondiscriminatory price. A reasonable business mean includes, but is not limited to, the Internet, first-class mail, courier services, intermediary information repositories, and fax services. (d)(1) Service Information. Except as expressly specified below, motor vehicle manufacturers shall make available for purchase to all covered persons all emission-related motor vehicle information that is provided to the motor vehicle manufacturer's franchised dealerships or authorized service networks for the engine, transmission, or vehicle models they have certified in California. The information shall include, but is not limited to, diagnosis, service, and repair information and procedures, technical service bulletins, troubleshooting guides, wiring diagrams, and training materials useful for self-study outside a motor vehicle manufacturer's training classroom. Any motor vehicle manufacturer choosing to withhold training materials because it has determined they are not useful for self-study as indicated above shall identify and describe the materials on its website. The motor vehicle manufacturer's determination is subject to Executive Officer review and approval. (2) On-Board Diagnostic System (OBD) Information. Motor vehicle manufacturers shall make available for purchase to all covered persons, a general description of each OBD system used in 1996 and subsequent model-year vehicles, which shall include the following: (A) A general description of the operation of each monitor, including a description of the parameter that is being monitored. (B) A listing of all typical OBD diagnostic trouble codes associated with each monitor. (C) A description of the typical enabling conditions for each monitor to execute during vehicle operation, including, but not limited to, minimum and maximum intake air and engine coolant temperature, vehicle speed range, and time after engine startup. Motor vehicle manufacturers must also make available all existing monitor-specific OBD drive cycle information for all major OBD monitors as equipped including, but not limited to, catalyst, catalyst heater, oxygen sensor, oxygen sensor heater, evaporative system, exhaust gas recirculation, secondary air, and air conditioning system. As applicable, manufacturers of diesel vehicles, engines , or transmissions must also make available all existing monitor-specific drive cycle information for those vehicles that perform misfire, fuel system, and comprehensive monitoring under specific driving conditions (i.e., non-continuous monitoring). (D) A listing of each monitor sequence, execution frequency and typical duration. (E) A listing of typical malfunction thresholds for each monitor. (F) For OBD parameters for specific vehicles that deviate from the typical parameters, the OBD description shall indicate the deviation and provide a separate listing of the typical values for those vehicles. Subject to Executive Officer approval, manufacturers may consolidate typical value lisitngs into a range of values or another acceptable format if the number of typical parameters is unduly burdensome to list. (G) Identification and scaling information necessary to interpret and understand data available to a generic scan tool through "mode 6," pursuant to Society of Automotive Engineers (SAE) J1979, which is incorporated by reference in title 13, CCR, sections 1968.1 and 1968.2. (H) Except as provided below, the information required by this subsection does not include specific algorithms, specific software code or specific calibration data beyond those required to be made available through the generic scan tool pursuant to the requirements of sections 1968.1, 1968.2, 1971, and all future adopted OBD regulations for passenger cars, light-duty trucks, and medium- and heavy-duty vehicles. Algorithms, software codes, or calibration data that are made available to franchised dealerships or authorized service networks shall be made available for purchase to covered persons. To the extent possible, motor vehicle manufacturers shall organize and format the information so that it will not be necessary to divulge specific algorithms, codes, or calibration data considered to be a trade secret by the motor vehicle manufacturer. (3) On-Board Computer Initialization Procedures. (A) Consistent with the requirements of subsection (h) below, motor vehicle manufacturers shall make available for purchase to all covered persons computer or anti-theft system initialization information for vehicles or engines so equipped necessary for: (i) The proper installation of on-board computers on motor vehicles that employ integral vehicle security systems; or (ii) The repair or replacement of any other emission-related part. (B) Motor vehicle manufacturers must make this information available for purchase in a manner that will not require a covered person to purchase enhanced diagnostic tools to perform the initialization. Motor vehicle manufacturers may make such information available through, for example, generic aftermarket tools, a pass-through device, or inexpensive manufacturer-specific cables. (C) A motor vehicle manufacturer may request Executive Officer approval to be excused from the requirements above for some or all model year vehicles through the 2009 model year. The Executive Officer shall approve the request upon finding that the motor vehicle manufacturer has demonstrated that: (i) The availability of such information to covered persons would significantly increase the risk of vehicle theft; (ii) A technical and economic need for such a request exists; and (iii) It will make available to covered persons reasonable alternative means to install computers, or to otherwise repair or replace an emission-related part, at a fair, reasonable, and nondiscriminatory price and that such alternative means do not place covered persons, as a class, at a competitive disadvantage to either franchised dealerships or authorized service networks in their ability to service and repair vehicles. (a) Any alternative means shall be available to covered persons within 24 hours of the initial request and shall not require the purchase of enhanced diagnostic tools to perform an initialization. Alternatives may include lease of such tools, but only at a fair, reasonable and nondiscriminatory price. (b) In lieu of leasing its enhanced diagnostic tools, a manufacturer may alternatively make available for purchase to independent equipment and tool companies all data stream information needed to make their diagnostic tools fully functional for initialization purposes. Any manufacturer choosing this option must release the information to equipment and tool companies within 60 days of Executive Officer approval. (D) All approvals are conditional and subject to audit under paragraph (j) below and possible rescission if the conditions set forth in paragraph (d)(3)(C) fail to be satisfied. (4) The information required by this subsection shall be made available for purchase no later than 180 days after the start of engine or vehicle introduction into commerce or concurrently with its availability to franchised dealerships or authorized service networks, whichever occurs first. (e)(1) Information required to be made available for purchase under subsection (d), excluding paragraph (d)(3), shall be directly accessible via the Internet. As an exception, motor vehicle manufacturers with annual California sales of less than 300 engines, transmissions, or vehicles (based on the average number of California-certified engines, transmissions, or vehicles sold by the motor vehicle manufacturer in the three previous consecutive model years) have the option not to provide required materials directly over the Internet. Such motor vehicle manufacturers may instead propose an alternative reasonable business means for providing the information required by this section to the Executive Officer for review and approval. The alternate method shall include an Internet website that adequately specifies that the required service information is readily available through other reasonable business means at fair, reasonable, and nondiscriminatory prices. If a manufacturer later exceeds the three-year sales average, it would be required to begin complying with all Internet availability requirements the next model year. In such cases, the requirements would apply only to those engine, transmission, and vehicle models certified in that and subsequent model years and would not apply to any models that were within carry-over test groups that were initially certified before the sales average was exceeded. (2) For purposes of making the information available for purchase via the Internet, motor vehicle manufacturers, or their designees, shall establish and maintain an Internet website(s) that: (A) Is accessible at all times, except during times required for routine and emergency maintenance. Routine maintenance shall be scheduled after normal business hours. If the motor vehicle manufacturer's service information website(s) is not available for more than 24 hours for other than routine maintenance, the motor vehicle manufacturer shall notify the Executive Officer by either phone or email within one business day. (B) Houses all of the required information such that it is available for direct online access (i.e., for online viewing and/or file downloading), except as provided in subsections (d)(3), (e)(2)(G) and (e)(2)(J). In addition to direct online access, motor vehicle manufacturers may concurrently offer the information by means of electronic mail, fax transmission, or other reasonable business means. (C) Is written in English with all text using readable font sizes. (D) Has clearly labeled and descriptive headings or sections, has an online index connected to a search engine and/or hyperlinks that directly take the user to the information, and has a comprehensive search engine that permits users to obtain information by various query terms including, but not limited to, engine, transmission, or vehicle model (as applicable), model year, bulletin number, diagnostic procedure, and trouble code. (E) Provides, at a minimum, e-mail access for communication with a designated contact person(s). The contact person(s) shall respond to any inquiries within 2 days of receipt, Monday through Friday. The website shall also provide a business address for the purposes of receiving mail, including overnight or certified mail. (F) Lists the most recent updates to the website. Updates must occur concurrently with the availability of new or revised information to franchised dealerships or authorized service networks, whichever occurs first. (G) Provides all training materials offered by the motor vehicle manufacturer as required under paragraph (d)(1). For obtaining any training materials that are not in a format that can be readily downloaded directly from the Internet (e.g., instructional tapes, full-text information associated with bundled software, CD-ROMs, or other media), the website must include information on the type of materials that are available, and how such materials can be purchased. (H) Offers media files (if any) and other service information documents in formats that can be viewed with commonly available software programs (e.g., Adobe Acrobat, Microsoft Word, RealPlayer, etc.). (I) Provides secure Internet connections (i.e., certificate-based) for transfer of payment and personal information. (J) Provides ordering information and instructions for the purchase of motor vehicle manufacturer emission-related enhanced diagnostic tools and reprogramming information pursuant to subsection (f). (K) Complies with the SAE Recommended Practice J1930, "Electrical/Electronic Systems, Diagnostic Terms, Definitions, Abbreviations, and Acronyms," May 1998, incorporated by reference herein, for all emission-related motor vehicle information. This subsection only applies to passenger cars, light-duty trucks, and medium-duty vehicles beginning with the 2003 model year. (L) Complies with the following website performance criteria: (i) Possesses sufficient server capacity to allow ready access by all users and has sufficient downloading capacity to assure that all users may obtain needed information without undue delay. (ii) Broken weblinks shall be corrected or deleted weekly. (iii) Website navigation does not require a user to return to the motor vehicle manufacturer's home page or a search engine in order to access a different portion of the site. The use of "one-up" links (i.e., links that connect to related webpages that preceded the one being viewed) is recommended at the bottom of subordinate webpages in order to allow a user to stay within the desired subject matter. (iv) Any manufacturer-specific acronym or abbreviation shall be defined in a glossary webpage which, at a minimum, is hyperlinked by each webpage that uses such acronyms and abbreviations. Motor vehicle manufacturers may request Executive Officer approval to use alternate methods to define such acronyms and abbreviations. The Executive Officer shall approve such methods if the motor vehicle manufacturer adequately demonstrates that the method provides equivalent or better ease-of-use to the website user. (M) Indicates the minimum hardware and software specifications required for satisfactory access to the website(s). (3) All information must be maintained by the motor vehicle manufacturer for a minimum of fifteen years. After such time, the information may be retained in an off-line electronic format (e.g., CD-ROM) and made available for purchase in that format at fair, reasonable, and nondiscriminatory prices upon request. Motor vehicle manufacturers shall index their available archived information with a title that adequately describes the contents of the document to which it refers. Motor vehicle manufacturers may allow for the ordering of information directly from the website, or from a website hyperlinked to the manufacturer website. In the alternative, manufacturers shall list a phone number and address where covered persons can call or write to obtain requested information through reasonable business means. (4) Motor vehicle manufacturers must implement fair, reasonable, and nondiscriminatory pricing structures relative to a range of time periods for online access (e.g., in cases where information can be viewed online) and/or the amount of information purchased (e.g., in cases where information becomes viewable after downloading). These pricing structures shall be submitted to the Executive Officer for review concurrently with being posted on the motor vehicle manufacturer's service information website(s). (5) Motor vehicle manufacturers must provide the Executive Officer with free, unrestricted access to their Internet websites. Access shall include the ability to view and download posted service information. The information necessary to access the websites (e.g., user name, password, contact person(s)) must be submitted to the Executive Officer once the websites are operational. (6) Reporting Requirements. Motor vehicle manufacturers shall provide the Executive Officer with reports that adequately demonstrate their individual Internet websites meets the requirements of subsection (e)(2). The reports shall also indicate the performance and effectiveness of the websites by using commonly used Internet statistics (e.g., successful requests, frequency of use, etc.). Motor vehicle manufacturers shall submit such reports annually within 30 days of the end of the calendar year. The Executive Officer may also require motor vehicle manufacturers to submit additional reports upon request, including any information required by the United States Environmental Protection Agency under the federal service information regulation. These reports shall be submitted in a format prescribed by the Executive Officer. (f) Diagnostic and Reprogramming Tools and Information. (1) Diagnostic and Reprogramming Tools. Manufacturers of passenger cars, light-duty trucks, and medium-duty vehicles shall make available for purchase through reasonable business means, including ordering over the Internet, to all covered persons, all emissions-related enhanced diagnostic tools, and reprogramming tools available to franchised dealers, including software and data files used in such equipment. The motor vehicle manufacturer shall ship purchased tools to a requesting covered person as expeditiously as possible after a request has been made. (2) Data Stream and Bi-Directional Control Information. Motor vehicle manufacturers shall make available for purchase through reasonable business means, to all equipment and tool companies, all information necessary to read and format all emission-related data stream information, including enhanced data stream information, that is used in diagnostic tools available to franchised dealerships or authorized service networks, and all information that is needed to activate all emission-related bi-directional controls that can be activated by franchised dealership or authorized service network tools. Heavy-duty engine and transmission manufacturers are exempt from these requirements as they apply to enhanced data stream information and bi-directional control information. The motor vehicle manufacturer shall make all required information available through the Internet or other reasonable business means to the requesting equipment and tool company within 14 days after the request to purchase has been made, unless the motor vehicle manufacturer petitions the Executive Officer for approval to refuse to disclose such information to the requesting company. After receipt of a petition and consultation with the affected parties, the Executive Officer shall either grant or refuse the petition based on the evidence submitted during the consultation process: (A) If the evidence demonstrates that the motor vehicle manufacturer has a reasonably-based belief that the requesting equipment and tool company could not produce safe and functionally accurate tools, the petition will be granted. (B) If the evidence does not demonstrate that the motor vehicle manufacturer has a reasonably-based belief that the requesting equipment and tool company could not produce safe and functionally accurate tools, the petition will be denied and the motor vehicle manufacturer shall make the requested information available to the requesting equipment and tool company within 2 days of the denial. (3) Reprogramming Information. (A) Beginning with the 2004 model year, reprogramming methods used for passenger cars, light-duty trucks, and medium-duty vehicles shall be compatible with SAE J2534 Paper, "Recommended Practice for Pass-Thru Vehicle Programming, December 2004, which is incorporated by reference herein, for all vehicle models that can be reprogrammed by franchised dealerships or authorized service networks. (B) Manufacturers of passenger cars, light-duty trucks, and medium-duty vehicles shall make available for purchase through reasonable business means to covered persons for vehicle models meeting the requirements of subsection (f)(3)(A) all vehicle reprogramming information and materials necessary to install motor vehicle manufacturers' software and calibration data to the extent that it is provided to franchised dealerships. The motor vehicle manufacturer shall, within 2 days of receipt of a covered person's request, provide purchased reprogramming information via an Internet download or, if available in a different electronic format, via postal mail or package delivery service. (4) The information and tools required by this subsection shall be made available for purchase no later than 180 days after the start of vehicle introduction into commerce or concurrently with its availability to franchised dealerships or authorized service networks, whichever occurs first. (g) Costs: All information and diagnostic and reprogramming tools required to be provided to covered persons by these regulations shall be made available for purchase at a fair, reasonable, and nondiscriminatory price. (h) Motor vehicle manufacturers shall not utilize any access code, recognition code or encryption for the purpose of preventing a vehicle owner from using an emission-related motor vehicle part (with the exception of the powertrain control module, engine control modules and transmission control modules), that has not been manufactured by that motor vehicle manufacturer or any of its original equipment suppliers. (i) Trade Secrets: Motor vehicle manufacturers may withhold trade secret information (as defined in the Uniform Trade Secret Act contained in Title 5 of the California Civil Code) which otherwise must be made available for purchase, subject to the following: (1) At the time of initial posting of all information required to be provided under sections (d) through (f) above, the motor vehicle manufacturer shall identify, by brief description, any information that it believes to be a trade secret and not subject to disclosure. (2) A covered person, believing that a motor vehicle manufacturer has not fully provided all information that is required to be provided under subsections (d) through (f) above shall submit a request in writing by certified mail to the motor vehicle manufacturer for release of the information. (3) Upon receipt of the request for information, a motor vehicle manufacturer shall do the following: (A) If it had not previously made the information available for purchase because of an oversight, it shall make the information available within 2 days from receipt of the request directly to the requesting covered person at a fair, reasonable, and nondiscriminatory price and by reasonable business means. Additionally, the motor vehicle manufacturer shall, within 7 days, make such information available for purchase to other covered persons consistent with the requirements of these regulations. (B) If it has not made the requested information available for purchase because it believes the information to be a trade secret, it shall within 14 days, notify the requesting covered person that it considers the information to be a trade secret, provide justification in support of its position, and make reasonable efforts to see if the matter can be resolved informally. (C) If during this 14 day period set forth in paragraph (B), the motor vehicle manufacturer determines that the information is, in fact, not a trade secret, it shall immediately notify the requesting covered person of its determination and make the information available within the timeframes and means set forth in paragraph (A) (D) If the parties can informally resolve the matter, the motor vehicle manufacturer shall within 2 days provide the requesting covered person with all of the information that is subject to disclosure consistent with that agreement. The motor vehicle manufacturer shall also, within 7 days, make such information available for purchase to other covered persons consistent with the requirements of these regulations. (E) If the matter cannot be informally resolved, the motor vehicle manufacturer shall, within 30 days from the date that it initially received the request for information, or such longer period the parties may mutually agree upon petition the California superior court for declaratory relief to make a finding that the information is exempt from disclosure because it is a trade secret. The petition shall be filed in accordance with the California Code of Civil Procedure section 395 et seq. The petition shall be accompanied with a declaration stating facts that show that the motor vehicle manufacturer has made a reasonable and good faith attempt to informally resolve the matter. (j) Executive Officer Review of Compliance. (1) The Executive Officer shall monitor compliance with the requirements of Health and Safety Code section 43105.5 and this regulation. (2) The Executive Officer, through the Chief of the Mobile Source Operations Division (Division Chief), shall periodically audit a motor vehicle manufacturer's Internet website(s) and other distribution sources to determine whether the information requirements of Health and Safety Code section 43105.5 and this regulation are being fulfilled. Motor vehicle manufacturers must provide the Executive Officer with free unrestricted access to the sites and other sources for the purposes of an audit. (3) The Division Chief shall also commence an audit upon receipt of a request from a covered person that provides reasonable cause to believe that a motor vehicle manufacturer is not in compliance. (A) Such a request shall be in the form of a written declaration setting forth specific details of the alleged noncompliance of the motor vehicle manufacturer. The declaration shall also set forth facts that demonstrate that the requesting covered person has undertaken efforts to resolve the matter informally with the named motor vehicle manufacturer. (B) The covered person shall concurrently provide a copy of the audit request on the motor vehicle manufacturer against whom the request has been filed. (C) The Division Chief shall determine if the request, on its face, sets forth facts establishing reasonable cause to believe that that motor vehicle manufacturer is in noncompliance with Health and Safety Code section 43105.5 or these regulations and that the covered person has undertaken reasonable efforts to informally resolve the alleged noncompliance with the motor vehicle manufacturer directly. If the Division Chief determines that the request satisfies these conditions, he or she shall conduct an audit of the designated motor vehicle manufacturer's site. Otherwise, the Division Chief shall dismiss the request and notify the requesting covered person and the affected motor vehicle manufacturer of his or her determination. (4) In conducting any audit, the Division Chief may require the motor vehicle manufacturer to provide the ARB with all information and materials related to compliance with the requirements of Health and Safety Code section 43105.5 and this regulation, including but not limited to: (A) Copies of all books, records, correspondence or documents in its possession or under its control that the motor vehicle manufacturer is required to provide to persons engaged in the service and repair industries and to equipment and tool companies under paragraphs (c) through (f) of this regulation, and (B) Any and all reports or records developed or compiled either for or by the motor vehicle manufacturer to monitor performance of its Internet site(s). (5) In conducting the audit, the Division Chief may order or subpoena the motor vehicle manufacturer, the party filing the request for inspection, or any other person with possible knowledge of the issue of noncompliance to appear in person and testify under oath. The Division Chief may also request or subpoena such persons to provide any additional information that the Division Chief deems necessary to determine any issue of noncompliance. (6) Except for good cause, the audit shall be completed within 60 days from the date that the Division Chief notifies the motor vehicle manufacturer about the audit. At the conclusion of the audit, the Division Chief shall issue a written determination, with supporting findings, regarding compliance by the motor vehicle manufacturer. (7) If the Division Chief finds sufficient credible evidence that the motor vehicle manufacturer is not in compliance with any requirements of Health and Safety Code section 43105.5 or this regulation, the determination shall be in the form of a notice to comply against the motor vehicle manufacturer. (8) The Division Chief's determination not to issue a notice to comply against a motor vehicle is subject to limited review by the Executive Officer. (A) A covered person may only request that the Executive Officer review a determination that it specifically requested pursuant to paragraph (3) above. (B) The covered person shall file the request for Executive Officer review within 10 days from the date of issuance of the Division Chief's determination. 1. The request shall be filed to the attention of the Executive Officer c/o Clerk of the Board, Air Resources Board, P.O. Box 2815, Sacramento, CA 95812- 2815. A copy of the request shall be concurrently served on the motor vehicle manufacturer that was the subject of the audit and determination. 2. The request shall set forth specific facts and reasons why the determination should be reviewed and supporting legal authority for why a notice to comply should have been issued. (C) The motor vehicle manufacturer may file an opposition to the request for review within 10 days from the date of service of the request for review. (D) The Executive Officer shall issue a determination within 30 days from the last day that the motor vehicle manufacturer had to file an opposition. The Executive Officer may affirm the decision of the Division Chief; remand the matter back to the Division Chief for further consideration or evidence; or issue a notice to comply against the motor vehicle manufacturer. (9) Within 30 days from the date of issuance of a notice to comply, the motor vehicle manufacturer shall either: (A) Submit to the Executive Officer a compliance plan that adequately demonstrates that the motor vehicle manufacturer will come into compliance with this section within 45 days from the date of submission of the plan, or such longer period that the Executive Officer deems appropriate to allow the motor vehicle manufacturer to properly remedy the noncompliance; or (B) Request an administrative hearing to consider the basis or scope of the notice to comply. (10) If the motor vehicle manufacturer elects to submit a compliance plan, the Executive Officer shall review the plan and issue a written determination, within 30 days, either accepting or rejecting the plan. The Executive Officer shall reject the compliance plan if the Executive Officer finds that it will not bring the motor vehicle manufacturer into compliance within 45 days from the date that the plan would have been approved, or such longer period that the Executive Officer deemed appropriate to allow the motor vehicle manufacturer to properly remedy the noncompliance. The Executive Officer shall notify the motor vehicle manufacturer in writing of his or her determination, and that the Executive Officer will be seeking administrative review pursuant to subsection (k) below. (11) After approving a proposed compliance plan, if the Executive Officer determines that the motor vehicle manufacturer has failed to comply with the terms of the plan, the Executive Officer shall notify the motor vehicle manufacturer of his or her determination and that he or she will be seeking administrative review pursuant to subsection (k) below. (k) Administrative Hearing Review. (1) A motor vehicle manufacturer may request that a hearing officer review the basis and scope of the notice to comply. Failure by the motor vehicle manufacturer to request such a review and failing, in the alternative, to submit a compliance plan as required by paragraph (j)(9)(A) shall result in the Executive Officer's determination becoming final and may subject the motor vehicle manufacturer to penalties pursuant to Health and Safety Code section 43105.5(f) and paragraph (l). (2) The Executive Officer shall forward the following matters to a hearing officer for appropriate administrative review, including, if warranted, consideration of penalties: (A) A compliance plan that it has rejected pursuant to paragraph (j)(10). (B) A notice to comply that has been issued against a motor vehicle manufacturer who has failed to either request administrative review of the Executive Officer determination, or, in the alternative, to submit a compliance plan. (C) An Executive Officer determination that a motor vehicle manufacturer has failed to satisfy the terms of a compliance plan it has submitted in response to a notice to comply. (3) Administrative hearings under this regulation shall be conducted pursuant to the procedures set forth in title 17, California Code of Regulations, section 60060.1 et seq. (l) Penalties. (1) If after an administrative hearing, the hearing officer finds that the motor vehicle manufacturer has failed to comply with any of the requirements of this section, and the motor vehicle manufacturer fails to correct the violation within 30 days from the date of his finding, the hearing officer may impose a civil penalty upon the motor vehicle manufacturer in an amount not to exceed $25,000 per day (including Saturdays, Sundays, and observed holidays) per violation until the violation is corrected. The hearing officer may immediately impose a civil penalty in cases where a motor vehicle manufacturer has failed to act in accordance with a compliance plan it has previously submitted. (2) For purposes of this section, a finding by a hearing officer that a motor vehicle manufacturer has failed to comply with the requirements of Health and Safety Code section 43105.5 and title 13, CCR, section 1969 et seq., including the failure to submit a timely compliance plan, shall be considered a single violation. Note: Authority cited: Sections 39600, 39601, 43000.5, 43018, 43105.5 and 43700, Health and Safety Code. Reference: Section 39027.3, 43104 and 43105.5, Health and Safety Code. s 1970. Fuel Evaporative Emissions -1973 Through 1977 Model-Year Heavy-Duty Gasoline-Powered Vehicles. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100 and 43101, Health and Safety Code. s 1971. Engine Manufacturer Diagnostic System Requirements -2007 and Subsequent Model-Year Heavy-Duty Engines. (a) Purpose. The purpose of this regulation is to establish requirements for engine manufacturer diagnostic systems (EMD systems) that are designed and installed by engine manufacturers on 2007 and subsequent model-year engines certified for sale in heavy-duty vehicles in California. The EMD systems, through the use of a computer(s), shall monitor emission systems in-use for the actual life of the engine and shall be capable of detecting malfunctions of the monitored emission systems, illuminating a malfunction indicator light (MIL) to notify the vehicle operator of detected malfunctions, and storing diagnosis information regarding the detected malfunctions. (b) Applicability. Except as specified elsewhere in this regulation (title 13, CCR section 1971), all 2007 and subsequent model-year gasoline-fueled and diesel-fueled on-road heavy-duty engines shall be equipped with an EMD system and shall meet all applicable requirements of this regulation. [FN1] (c) Definitions. (1) "Actual life" refers to the entire period that an engine is operated on public roads in California up to the time an engine is retired from use. (2) "Deactivate" means to turn-off, shutdown, desensitize, or otherwise make inoperable through software programming or other means during the actual life of the engine. (3) "Engine" for the purpose of this regulation means on-road heavy-duty engine. (4) "Engine manufacturer" is the holder of the Executive Order for the engine family. (5) "Functional check" for an output component or system means verification of proper response of the component and system to a computer command. (6) "Heavy-duty vehicle" means any motor vehicle having a gross vehicle weight rating greater than 14,000 pounds. (7) "Key on, engine off position" refers to a vehicle with the ignition key in the engine run position (not engine crank or accessory position) but with the engine not running. (8) "Malfunction" means any deterioration or failure of a component that causes the performance to be outside of the applicable limits in section (e). (9) "On-road heavy-duty engine" means an engine and related aftertreatment components certified to the requirements of title 13, CCR sections 1956.1 or 1956.8. (10) "Rationality fault diagnostic" for an input component means verification of the accuracy of the input signal while in the range of normal operation and when compared to all other available information. (d) General Requirements. (1) The EMD System. (A) If a malfunction is present as specified in section (e), the EMD system shall detect the malfunction. (B) The EMD system shall provide diagnostic information to service and repair technicians to identify detected malfunctions. (C) The EMD system shall be designed to operate, without any required scheduled maintenance, for the actual life of the engine in which it is installed and may not be programmed or otherwise designed to deactivate based on age and/or mileage of the vehicle during the actual life of the engine. This section is not intended to alter existing law and enforcement practice regarding an engine manufacturer's liability for an engine beyond its useful life, except where an engine has been programmed or otherwise designed so that an EMD system deactivates based on age and/or mileage of the engine. (2) MIL Requirements. (A) MIL Specifications. 1. The MIL shall be of sufficient illumination and location to be readily visible under all lighting conditions. The MIL, when illuminated, shall display a phrase or icon determined by the engine manufacturer to be likely to cause the vehicle operator to seek corrective action. In lieu of a dedicated MIL, engine manufacturers may utilize an existing warning light(s) to also satisfy the requirements of the MIL. 2. The MIL shall illuminate in the key on, engine off position before engine cranking to indicate that the MIL is functional. This functional check of the MIL is not required during vehicle operation in the key on, engine off position subsequent to the initial engine cranking of an ignition cycle (e.g., due to an engine stall or other non-commanded engine shutoff). (B) Illuminating the MIL. Once a malfunction has been detected, the EMD system shall illuminate the MIL in accordance with the engine manufacturer's existing practices for notifying vehicle operators and service technicians. (C) Extinguishing the MIL. Once the MIL has been illuminated, it may be extinguished upon the EMD system determining that the malfunction is no longer present provided no other malfunction has been detected that would independently illuminate the MIL according to the requirements outlined above. (3) Monitoring Conditions. Engine manufacturers shall define monitoring conditions for detecting malfunctions identified in section (e) and for determining if malfunctions no longer exist. (e) Monitoring Requirements. (1) Fuel System Monitoring. (A) Requirement: The EMD system shall monitor the fuel delivery system. (B) Malfunction Criteria: If the engine is equipped with feedback control of the fuel pressure, the EMD system shall detect a malfunction of the fuel system when the feedback control system has used up all of the adjustment allowed by the engine manufacturer and cannot achieve the desired fuel pressure. (2) Exhaust Gas Recirculation (EGR) System Monitoring. (A) Requirement: The EMD system shall monitor the EGR system on engines so-equipped. (B) Malfunction Criteria: 1. Low Flow: The EMD system shall detect a malfunction of the EGR system when the system has reached its control limits such that it cannot increase EGR flow to achieve the commanded flow rate. 2. High Flow: The EMD system shall detect a malfunction of the EGR system when the system has reached its control limits such that it cannot reduce EGR flow to achieve the commanded flow rate. (3) Particulate Matter (PM) Trap Monitoring. (A) Requirement: The EMD system shall monitor the PM trap on engines so-equipped. (B) Malfunction Criteria: 1. Excessive Backpressure: The EMD system shall detect a malfunction when the PM trap fails to regenerate, clogs, or otherwise malfunctions such that it causes the backpressure in the exhaust system to exceed the engine manufacturer's specified limits for operation. 2. Missing substrate: The EMD system shall detect a malfunction if either the PM trap substrate is completely destroyed, removed, or missing, or if the PM trap assembly is replaced with a straight pipe. (4) Emission-Related Electronic Component Monitoring. (A) Requirement: The EMD system shall monitor for malfunction of any electronic component/system that either provides input to (directly or indirectly) or receives commands from the on-board computer(s), and: (1) is defined by the engine manufacturer as emission-related, or (2) is used as part of the diagnostic strategy for any other emission-related monitored system or component. (B) Malfunction Criteria: 1. Input Components: Where determined by the engine manufacturer to be feasible given existing hardware and software, the EMD system shall detect malfunctions of input components caused by a lack of circuit continuity, out-of-range values, and rationality faults. 2. Output Components/Systems: Where determined by the engine manufacturer to be feasible given existing hardware and software, the EMD system shall detect a malfunction of an output component/system when proper functional response of the component and system to computer commands does not occur or when a lack of circuit continuity or circuit fault occurs (e.g., short to ground or high voltage). (f) Certification. The Executive Officer shall grant certification for the EMD system upon the engine manufacturer submitting the following certification information: (1) A description of the functional operation of the EMD system. (2) A listing of all electronic engine input and output signals (including those not monitored by the EMD system) that identifies which signals are monitored by the EMD system. (g) Deficiencies. The Executive Officer may certify EMD systems installed on engines even though the systems do not comply with one or more of the requirements of title 13, CCR section 1971. In granting the certification, the Executive Officer shall consider the following factors: the extent to which the requirements of section 1971 are satisfied overall based on a review of the engine applications in question, the relative performance of the resultant EMD system compared to systems fully compliant with the requirements of section 1971, and a demonstrated good-faith effort on the part of the engine manufacturer to: (1) meet the requirements in full by evaluating and considering the best available monitoring technology; and (2) come into compliance as expeditiously as possible. Engine manufacturers shall not be subject to limitations on the number of granted deficiencies nor subject to fines for granted deficiencies. _________ [FN1] Unless otherwise noted, all section references refer to section 1971 of title 13, CCR. Note: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43018, 43100, 43101 and 43104, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39018, 39021.5, 39024, 39024.5, 39027, 39027.3, 39028, 39029, 39031, 39032, 39032.5, 39033, 39035, 39037.05, 39037.5, 39038, 39039, 39040, 39042, 39042.5, 39046, 39047, 39053, 39054, 39058, 39059, 39060, 39515, 39600, 39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150, 43151, 43152, 43153, 43154, 43155, 43156, 43204, 43211 and 43212, Health and Safety Code. s 1971.1. On-Board Diagnostic System Requirements -2010 and Subsequent Model-Year Heavy-Duty Engines. (a) Purpose. The purpose of this regulation is to establish emission standards and other requirements for onboard diagnostic systems (OBD systems) that are installed on 2010 and subsequent model-year engines certified for sale in heavy-duty applications in California. The OBD systems, through the use of an onboard computer(s), shall monitor emission systems in-use for the actual life of the engine and shall be capable of detecting malfunctions of the monitored emission systems, illuminating a malfunction indicator light (MIL) to notify the vehicle operator of detected malfunctions, and storing fault codes identifying the detected malfunctions. (b) Applicability. Except as specified in section (d)(7) and elsewhere in this regulation (title 13, CCR section 1971.1), all 2010 and subsequent model-year heavy-duty engines shall be equipped with an OBD-system and shall meet all applicable requirements of this regulation (title 13, CCR section 1971.1). [FN1] (c) Definitions. "Actual life" refers to the entire period that an engine is operated on public roads in California up to the time an engine is retired from use. "Applicable standards" refers to the specific exhaust emission standards or family emission limits (FEL), including the Federal Test Procedure (FTP) and Supplemental Emission Test (SET) standards, to which the engine is certified. "Base fuel schedule" refers to the fuel calibration schedule programmed into the Powertrain Control Module or programmable read-only memory (PROM) when manufactured or when updated by some off-board source, prior to any learned on-board correction. "Auxiliary Emission Control Device (AECD)" refers to any approved AECD (as defined by 40 Code of Federal Regulations (CFR) 86.082-2). "Calculated load value" refers to the percent of engine capacity being used and is defined in Society of Automotive Engineers (SAE) J1979 "E/E Diagnostic Test Modes - Equivalent to ISO/DIS 15031-5:April 30, 2002," April 2002 (SAE J1979), incorporated by reference (section (h)(1.4)). For diesel applications, the calculated load value is determined by the ratio of current engine output torque to maximum engine output torque at current engine speed as defined by parameter definition 5.2.1.7 of SAE J1939-71. "Confirmed fault code," for purposes of engines using International Standards Organization (ISO) 15765-4, is defined as the diagnostic trouble code stored when an OBD system has confirmed that a malfunction exists (e.g., typically on the second driving cycle that the malfunction is detected) in accordance with the requirements of sections (d)(2), (f),(g), and (h)(4.4). "Continuously," if used in the context of monitoring conditions for circuit continuity, lack of circuit continuity, circuit faults, and out-of-range values, means sampling at a rate no less than two samples per second. If a computer input component is sampled less frequently for engine control purposes, the signal of the component may instead be evaluated each time sampling occurs. "Deactivate" means to turn-off, shutdown, desensitize, or otherwise make inoperable through software programming or other means during the actual life of the engine. "Diagnostic or emission critical" electronic control unit refers to the engine and any other on-board electronic powertrain control unit containing software that has primary control over any of the monitors required by sections (e)(1) through (f)(9), (g)(1) through (g)(2), and (g)(4) or has primary control over the diagnostics for more than two of the components required to be monitored by section (g)(3). "Diesel engine" refers to an engine using a compression ignition thermodynamic cycle. "Driving cycle" is defined as a trip that meets any of the four conditions below: (a) Begins with engine start and ends with engine shutoff; (b) Begins with engine start and ends after four hours of continuous engine-on operation; (c) Begins at the end of the previous four hours of continuous engine-on operation and ends after four hours of continuous engine-on operation; or (d) Begins at the end of the previous four hours of continuous engine-on operation and ends with engine shutoff. For monitors that run during engine-off conditions, the period of engine-off time following engine shutoff and up to the next engine start may be considered part of the driving cycle for conditions (a) and (d). For vehicles that employ engine shutoff strategies that do not require the vehicle operator to restart the engine to continue driving (e.g., hybrid bus with engine shutoff at idle), the manufacturer may request Executive Officer approval to use an alternate definition for driving cycle (e.g., key on and key off). Executive Officer approval of the alternate definition shall be based on equivalence to engine startup and engine shutoff signaling the beginning and ending of a single driving event for a conventional vehicle. Engine restarts following an engine shut-off that has been neither commanded by the vehicle operator nor by the engine control strategy but caused by an event such as an engine stall may be considered a new driving cycle or a continuation of the existing driving cycle. For engines that are not likely to be routinely operated for long continuous periods of time, a manufacturer may also request Executive Officer approval to use an alternate definition for driving cycle (e.g., solely based on engine start and engine shutoff without regard to four hours of continuous engine-on time). Executive Officer approval of the alternate definition shall be based on manufacturer-submitted data and/or information demonstrating the typical usage, operating habits, and/or driving patterns of these vehicles. "Engine family" means a grouping of vehicles or engines in a manufacturer's product line determined in accordance with 40 CFR 86.098-24. "Engine rating" means a unique combination of displacement, rated power, calibration (fuel, emission, and engine control), AECDs, and other engine and emission control components within an engine family. "OBD parent rating" means the specific engine rating selected according to section (d)(7.1.1) or (d)(7.2.2)(B) for compliance with section 1971.1. "OBD child rating" means an engine rating (other than the OBD parent rating) within the engine family containing the OBD parent rating selected according to section (d)(7.1.1) or an engine rating within the OBD group(s) defined according to section (d)(7.2.1) and subject to section (d)(7.2.3). "Engine misfire" means lack of combustion in the cylinder due to absence of spark, poor fuel metering, poor compression, or any other cause. This does not include lack of combustion events in non-active cylinders due to default fuel shut-off or cylinder deactivation strategies. "Engine start" is defined as the point when the engine reaches a speed 150 rpm below the normal, warmed-up idle speed (as determined in the drive position for vehicles equipped with an automatic transmission). For hybrid vehicles or for engines employing alternate engine start hardware or strategies (e.g., integrated starter and generators.), the manufacturer may request Executive Officer approval to use an alternate definition for engine start (e.g., ignition key "on"). Executive Officer approval of the alternate definition shall be based on equivalence to an engine start for a conventional vehicle. "Family Emission Limit (FEL)" refers to the exhaust emission levels to which an engine family is certified under the averaging, banking, and trading program incorporated by reference in title 13, CCR section 1956.8. "Fault memory" means information pertaining to malfunctions stored in the onboard computer, including fault codes, stored engine conditions, and MIL status. "Federal Test Procedure (FTP) test" refers to an exhaust emission test conducted according to the test procedures incorporated by reference in title 13, CCR section 1956.8(b) and (d) that is used to determine compliance with the FTP standard to which an engine is certified. "FTP cycle". For engines certified on an engine dynamometer, FTP cycle refers to the engine dynamometer schedule in 40 CFR appendix 1 of part 86, section (f)(1), entitled, "EPA Engine Dynamometer Schedule for Heavy-Duty Otto-Cycle Engines," or section (f)(2), entitled, "EPA Engine Dynamometer Schedule for Heavy-Duty Diesel Engines." "FTP standard" refers to the certification exhaust emission standards and test procedures applicable to the FTP cycle incorporated by reference in title 13, CCR sections 1956.8(b) and (d) to which the engine is certified. "Fuel trim" refers to feedback adjustments to the base fuel schedule. Short-term fuel trim refers to dynamic or instantaneous adjustments. Long-term fuel trim refers to much more gradual adjustments to the fuel calibration schedule than short-term trim adjustments. "Functional check" for an output component or system means verification of proper response of the component and system to a computer command. "Gasoline engine" refers to an Otto-cycle engine or an alternate-fueled engine. "Heavy-duty engine" means an engine that is used to propel a heavy-duty vehicle. "Heavy-duty vehicle" means any motor vehicle having a manufacturer's gross vehicle weight rating (GVWR) greater than 14,000 pounds. "Ignition Cycle" means a driving cycle that begins with engine start, meets the engine start definition for at least two seconds plus or minus one second, and ends with engine shutoff. "Keep-alive memory (KAM)," for the purposes of this regulation, is defined as a type of memory that retains its contents as long as power is provided to the on-board control unit. KAM is not erased upon shutting off the engine but may be erased if power to the on-board control unit is interrupted (e.g., vehicle battery disconnected, fuse to control unit removed). In some cases, portions of KAM may be erased with a scan tool command to reset KAM. "Key on, engine off position" refers to a vehicle with the ignition key in the engine run position (not engine crank or accessory position) but with the engine not running. "Malfunction" means any deterioration or failure of a component that causes the performance to be outside of the applicable limits in sections (e) through (g). "Manufacturer" for the purpose of this regulation means the holder of the Executive Order for the engine family. "MIL-on fault code," for purposes of engines using Society of Automotive Engineers (SAE) J1939, refers to the diagnostic trouble code stored when an OBD system has confirmed that a malfunction exists (e.g., typically on the second driving cycle that the malfunction is detected) and has commanded the MIL on in accordance with the requirements of sections (d)(2), (e), (g), and (h)(4.4). "Not-To-Exceed (NTE) control area" refers to the bounded region of the engine's torque and speed map, as defined in 40 CFR 86.1370-2007, where emissions must not exceed a specific emission cap for a given pollutant under the NTE requirement. "Manufacturer-specific NOx NTE carve-out area" refers to regions within the NTE control area for NOx where the manufacturer has limited NTE testing as allowed by 40 CFR 86.1370-2001(b)(7). "Manufacturer-specific PM NTE carve-out area" refers to regions within the NTE control area for PM where the manufacturer has limited NTE testing as allowed by 40 CFR 86.1370-2001(b)(7). "NTE deficiency" refers to regions or conditions within the NTE control area for NOx or PM where the manufacturer has received a deficiency as allowed by 40 CFR 86.007-11(a)(4)(iv). "Non-volatile random access memory (NVRAM)," for the purposes of this regulation, is defined as a type of memory that retains its contents even when power to the on-board control unit is interrupted (e.g., vehicle battery disconnected, fuse to control unit removed). NVRAM is typically made non-volatile either by use of a back-up battery within the control unit or through the use of an electrically erasable and programmable read-only memory (EEPROM) chip. "OBD group" refers to a combination of engines, engine families, or engine ratings that use the same OBD strategies and similar calibrations. A manufacturer is required to submit a grouping plan for Executive Officer review and approval detailing the OBD groups and the engine families and engine ratings within each group for a model year. "Pending fault code" is defined as the diagnostic trouble code stored upon the initial detection of a malfunction (e.g., typically on a single driving cycle) prior to illumination of the MIL in accordance with the requirements of sections (d)(2), (e) through (g), and (h)(4.4). "Permanent fault code" is defined as a confirmed or MIL-on fault code that is currently commanding the MIL on and is stored in NVRAM as specified in sections (d)(2) and (h)(4.4). "Percentage of misfire" as used in sections (e)(2) and (f)(2) means the percentage of misfires out of the total number of firing events for the specified interval. "Power Take-Off (PTO) unit" refers to an engine driven output provision for the purposes of powering auxiliary equipment (e.g., a dump-truck bed, aerial bucket, or tow-truck winch). "Previously MIL-on fault code," for purposes of engines using SAE J1939, is defined as the diagnostic trouble code stored when an OBD system has confirmed that a malfunction no longer exists (e.g., after the third consecutive driving cycle in which the corresponding monitor runs and the malfunction is not detected), extinguishes the MIL, and erases the corresponding MIL-on fault code in accordance with the requirements of sections (d)(2), (e), (g), and (h)(4.4). "Rationality fault diagnostic" for an input component means verification of the accuracy of the input signal while in the range of normal operation and when compared to all other available information. "Redline engine speed" shall be defined by the manufacturer as either the recommended maximum engine speed as normally displayed on instrument panel tachometers or the engine speed at which fuel shutoff occurs. "Response rate" for exhaust gas sensors refers to the delay between a change in sensor output in response to a commanded change in the sensed exhaust gas parameter. Specifically, the response rate is the delay from the time when the exhaust gas sensor is exposed to an increase/decrease of the exhaust gas parameter to the time when the exhaust gas sensor indicates the increase/decrease of the sensed parameter (e.g., for an oxygen sensor, response rate is the delay from the time when the sensor is exposed to a change in exhaust gas from richer/leaner than stoichiometric to leaner/richer than stoichiometric to the time when the sensor indicates the lean/rich condition; for a NOx sensor, response rate is the delay from the time when the sensor is exposed to an increase/decrease in NOx concentration to the time when the sensor indicates the increased/decreased NOx concentration). "Secondary air" refers to air introduced into the exhaust system by means of a pump or aspirator valve or other means that is intended to aid in the oxidation of HC and CO contained in the exhaust gas stream. "Similar conditions" as used in sections (e)(2), (f)(1), and (f)(2) means engine conditions having an engine speed within 375 rpm, load conditions within 20 percent, and the same warm-up status (i.e., cold or hot) as the engine conditions stored pursuant to (e)(2.4.2)(C), (f)(1.4.5), and (f)(2.4.4). The Executive Officer may approve other definitions of similar conditions based on comparable timeliness and reliability in detecting similar engine operation. "Start of production" is the time when the manufacturer has produced two percent of the projected volume for the engine or vehicle, whichever is being evaluated in accordance with section (l). "Supplemental Emission Test (SET) cycle" refers to the driving schedule defined as the "supplemental steady state emission test" in 40 CFR 86.1360- 2007. "SET standard" refers to the certification exhaust emission standards and test procedures applicable to the SET cycle incorporated by reference in title 13, CCR sections 1956.8(b) and (d) to which the engine is certified. "Warm-up cycle" means sufficient vehicle operation such that the coolant temperature has risen by at least 40 degrees Fahrenheit from engine start and reaches a minimum temperature of at least 160 degrees Fahrenheit (140 degrees Fahrenheit for applications with diesel engines). "Weighted sales number" means a manufacturer's projected sales number for engines to be used in California heavy-duty vehicles multiplied by a weight class factor. Sales numbers for engines for heavy-duty vehicles less than 19,499 pounds GVWR shall be multiplied by 1.0. Sales numbers for engines for heavy-duty vehicles from 19,500 to 33,000 pounds shall be multiplied by 1.68. Sales numbers for engines for heavy-duty vehicles greater than 33,000 pounds and urban buses shall be multiplied by 3.95. (d) General Requirements Section (d) sets forth the general requirements of the OBD system. Specific performance requirements for components and systems that shall be monitored are set forth in sections (e) through (g) below. The OBD system is required to detect all malfunctions specified in sections (e) through (g). However, except as specified elsewhere, the OBD system is not required to use a unique monitor to detect each malfunction specified. (1) The OBD System. (1.1) If a malfunction is present as specified in sections (e) through (g), the OBD system shall detect the malfunction, store a pending, confirmed, MIL-on, or previously MIL-on fault code in the onboard computer's memory, and illuminate the MIL as required. (1.2) The OBD system shall be equipped with a standardized data link connector to provide access to the stored fault codes as specified in section (h). (1.3) The OBD system shall be designed to operate, without any required scheduled maintenance, for the actual life of the engine in which it is installed and may not be programmed or otherwise designed to deactivate based on age and/or mileage of the vehicle during the actual life of the engine. This section is not intended to alter existing law and enforcement practice regarding a manufacturer's liability for an engine beyond its useful life, except where an engine has been programmed or otherwise designed so that an OBD system deactivates based on age and/or mileage of the engine. (1.4) Computer-coded engine operating parameters may not be changeable without the use of specialized tools and procedures (e.g. soldered or potted computer components or sealed (or soldered) computer enclosures). Subject to Executive Officer approval, manufacturers may exempt from this requirement those product lines that are unlikely to require protection. Criteria to be evaluated in making an exemption include current availability of performance chips, performance capability of the engine, and sales volume. (2) MIL and Fault Code Requirements. (2.1) MIL Specifications. (2.1.1) The MIL shall be located on the driver's side instrument panel and be of sufficient illumination and location to be readily visible under all lighting conditions and shall be amber in color when illuminated. The MIL, when illuminated, shall display the International Standards Organization (ISO) engine symbol. There shall be only one MIL used to indicate all faults detected by the OBD system on a single vehicle. (2.1.2) The MIL shall illuminate in the key on, engine off position before engine cranking to indicate that the MIL is functional. The MIL shall continuously illuminate during this functional check for a minimum of 15-20 seconds. During this functional check of the MIL, the data stream value for MIL status shall indicate commanded off (see section (h)(4.2)) unless the MIL has also been commanded on for a detected malfunction. This functional check of the MIL is not required during vehicle operation in the key on, engine off position subsequent to the initial engine cranking of an ignition cycle (e.g., due to an engine stall or other non-commanded engine shutoff). (2.1.3) At the manufacturer's option, the MIL may be used to indicate readiness status in a standardized format (see section (h)(4.1.3)) in the key on, engine off position. (2.1.4) A manufacturer may request Executive Officer approval to also use the MIL to indicate which, if any, fault codes are currently stored (e.g., to "blink" the stored codes). The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated that the method used to indicate the fault codes will not be unintentionally activated during a California inspection test or during routine driver operation. (2.1.5) The MIL may not be used for any purpose other than specified in this regulation. (2.2) MIL Illumination and Fault Code Storage Protocol. (2.2.1) For vehicles using the ISO 15765-4 protocol for the standardized functions required in section (h): (A) Upon detection of a malfunction, the OBD system shall store a pending fault code within 10 seconds indicating the likely area of the malfunction. (B) After storage of a pending fault code, if the identified malfunction is again detected before the end of the next driving cycle in which monitoring occurs, the OBD system shall illuminate the MIL continuously, keep the pending fault code stored, and store a confirmed fault code within 10 seconds. If a malfunction is not detected before the end of the next driving cycle in which monitoring occurs (i.e., there is no indication of the malfunction at any time during the driving cycle), the corresponding pending fault code set according to section (d)(2.2.1)(A) shall be erased at the end of the driving cycle. (C) A manufacturer may request Executive Officer approval to employ alternate statistical MIL illumination and fault code storage protocols to those specified in these requirements. The Executive Officer shall grant approval upon determining that the manufacturer has provided data and/or engineering evaluation that demonstrate that the alternative protocols can evaluate system performance and detect malfunctions in a manner that is equally effective and timely. Strategies requiring on average more than six driving cycles for MIL illumination may not be accepted. (D) The OBD system shall store and erase "freeze frame" conditions (as defined in section (h)(4.3)) present at the time a malfunction is detected. The storage and erasure of freeze frame conditions shall be done in conjunction with the storage and erasure of either pending or confirmed fault codes as required elsewhere in section (d)(2.2). (E) The OBD system shall illuminate the MIL and store a confirmed fault code within 10 seconds to inform the vehicle operator whenever the engine enters a default or "limp home" mode of operation that can affect emissions or the performance of the OBD system or in the event of a malfunction of an on-board computer(s) itself that can affect the performance of the OBD system. If the default or "limp home" mode of operation is recoverable (i.e., operation automatically returns to normal at the beginning of the following ignition cycle), the OBD system may wait and illuminate the MIL and store the confirmed fault code only if the default or "limp home" mode of operation is again entered before the end of the next ignition cycle in lieu of illuminating the MIL within 10 seconds on the first driving cycle where the default or "limp home" mode of operation is entered. (F) Before the end of an ignition cycle, the OBD system shall store confirmed fault codes that are currently causing the MIL to be illuminated in NVRAM as permanent fault codes (as defined in section (h)(4.4.1)(F)). (2.2.2) For vehicles using the SAE J1939 protocol for the standardized functions required in section (h): (A) Upon detection of a malfunction, the OBD system shall store a pending fault code within 10 seconds indicating the likely area of the malfunction. (B) After storage of a pending fault code, if the identified malfunction is again detected before the end of the next driving cycle in which monitoring occurs, the OBD system shall illuminate the MIL continuously, erase the pending fault code, and store a MIL-on fault code within 10 seconds. If a malfunction is not detected before the end of the next driving cycle in which monitoring occurs (i.e., there is no indication of the malfunction at any time during the driving cycle), the corresponding pending fault code set according to section (d)(2.2.2)(A) shall be erased at the end of the driving cycle. (C) A manufacturer may request Executive Officer approval to employ alternate statistical MIL illumination and fault code storage protocols to those specified in these requirements. The Executive Officer shall grant approval upon determining that the manufacturer has provided data and/or engineering evaluation that demonstrate that the alternative protocols can evaluate system performance and detect malfunctions in a manner that is equally effective and timely. Strategies requiring on average more than six driving cycles for MIL illumination may not be accepted. (D) Storage and erasure of freeze frame conditions. (i) The OBD system shall store and erase "freeze frame" conditions (as defined in section (h)(4.3)) present at the time a malfunction is detected. (ii) The OBD system shall store freeze frame conditions in conjunction with the storage of a pending fault code. (iii) If the pending fault code is erased in the next driving cycle in which monitoring occurs and a malfunction is not detected (as described under section (d)(2.2.2)(B)), the OBD system may erase the corresponding freeze frame conditions. (iv) If the pending fault code matures to a MIL-on fault code (as described under section (d)(2.2.2)(B)), the OBD system shall either retain the currently stored freeze frame conditions or replace the stored freeze frame conditions with freeze frame conditions regarding the MIL-on fault code. The OBD system shall erase the freeze frame information in conjunction with the erasure of the previously MIL-on fault code (as described under section (d)(2.3.2)(C)). (E) The OBD system shall illuminate the MIL and store a MIL-on fault code within 10 seconds to inform the vehicle operator whenever the engine enters a default or "limp home" mode of operation that can affect emissions or the performance of the OBD system or in the event of a malfunction of an on-board computer(s) itself that can affect the performance of the OBD system. If the default or "limp home" mode of operation is recoverable (i.e., operation automatically returns to normal at the beginning of the following ignition cycle), the OBD system may wait and illuminate the MIL only if the default or "limp home" mode of operation is again entered before the end of the next ignition cycle in lieu of illuminating the MIL within 10 seconds on the first driving cycle where the default or "limp home" mode of operation is entered. (F) Before the end of an ignition cycle, the OBD system shall store MIL-on fault codes that are currently causing the MIL to be illuminated in NVRAM as permanent fault codes (as defined in section (h)(4.4.2)(F)). (2.3) MIL Extinguishing and Fault Code Erasure Protocol. (2.3.1) For vehicles using the ISO 15765-4 protocol for the standardized functions required in section (h): (A) Extinguishing the MIL. Except as otherwise provided in sections (f)(1.4.6), (f)(2.4.5), and (f)(7.4.2) for fuel system, misfire, and evaporative system malfunctions, once the MIL has been illuminated, it may be extinguished after three subsequent sequential driving cycles during which the monitoring system responsible for illuminating the MIL functions and the previously detected malfunction is no longer present provided no other malfunction has been detected that would independently illuminate the MIL according to the requirements outlined above. (B) Erasing a confirmed fault code. The OBD system may erase a confirmed fault code if the identified malfunction has not been again detected in at least 40 engine warm-up cycles and the MIL is presently not illuminated for that malfunction. (C) Erasing a permanent fault code. The OBD system shall erase a permanent fault code only if either of the following conditions occur: (i) The OBD system itself determines that the malfunction that caused the confirmed fault code to be stored is no longer present and is not commanding the MIL on, concurrent with the requirements of section (d)(2.3.1)(A), or (ii) Subsequent to a clearing of the fault information in the on-board computer (i.e., through the use of a scan tool or battery disconnect), the diagnostic for the malfunction that caused the permanent fault code to be stored has fully executed (i.e., has executed the minimum number of checks necessary for MIL illumination) and determined the malfunction is no longer present. (2.3.2) For vehicles using the SAE J1939 protocol for the standardized functions required in section (h): (A) Extinguishing the MIL. Except as otherwise provided in sections (e)(2.4.2)(D) and (e)(6.4.2) for misfire malfunctions and empty reductant tanks, once the MIL has been illuminated, it may be extinguished after three subsequent sequential driving cycles during which the monitoring system responsible for illuminating the MIL functions and the previously detected malfunction is no longer present provided no other malfunction has been detected that would independently illuminate the MIL according to the requirements outlined above. (B) Erasing a MIL-on fault code. The OBD system may erase a MIL-on fault code in conjunction with extinguishing the MIL as described under section (d)(2.3.2)(A). In addition to the erasure of the MIL-on fault code, the OBD system shall store a previously MIL-on fault code for that failure. (C) Erasing a previously MIL-on fault code. The OBD system may erase a previously MIL-on fault code if the identified malfunction has not been again detected in at least 40 engine warm-up cycles and the MIL is presently not illuminated for that malfunction. (D) Erasing a permanent fault code. The OBD system shall erase a permanent fault code only if either of the following conditions occur: (i) The OBD system itself determines that the malfunction that caused the MIL-on fault code to be stored is no longer present and is not commanding the MIL on, concurrent with the requirements of section (d)(2.3.2)(A), or (ii) Subsequent to a clearing of the fault information in the on-board computer (i.e., through the use of a scan tool or battery disconnect), the diagnostic for the malfunction that caused the permanent fault code to be stored has fully executed (i.e., has executed the minimum number of checks necessary for MIL illumination) and determined the malfunction is no longer present. (2.4) Exceptions to MIL and Fault Code Requirements. (2.4.1) If the engine enters a default mode of operation, a manufacturer may request Executive Officer approval to be exempt from illuminating the MIL if any of the following conditions listed below occurs. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or engineering evaluation that verify the conditions below: (A) The default strategy causes an overt indication (e.g., illumination of a red engine shut-down warning light) such that the driver is certain to respond and have the problem corrected; or (B) The default strategy is an AECD that is properly activated due to the occurrence of conditions that have been approved by the Executive Officer. (2.4.2) For gasoline engines, a manufacturer may elect to meet the MIL and fault code requirements in title 13, CCR section 1968.2(d)(2) in lieu of meeting the requirements of (d)(2). (3) Monitoring Conditions. Section (d)(3) sets forth the general monitoring requirements while sections (e) through (g) sets forth the specific monitoring requirements as well as identifies which of the following general monitoring requirements in section (d)(3) are applicable for each monitored component or system identified in sections (e) through (g). (3.1) For all engines: (3.1.1) As specifically provided for in sections (e) through (g), manufacturers shall define monitoring conditions, subject to Executive Officer approval, for detecting malfunctions identified in sections (e) through (g). The Executive Officer shall approve manufacturer-defined monitoring conditions that are determined (based on manufacturer-submitted data and/or other engineering documentation) to be: technically necessary to ensure robust detection of malfunctions (e.g., avoid false passes and false indications of malfunctions); designed to ensure monitoring will occur under conditions that may reasonably be expected to be encountered in normal vehicle operation and use; and designed to ensure monitoring will occur during the FTP cycle. (3.1.2) Monitoring shall occur at least once per driving cycle in which the monitoring conditions are met. (3.1.3) Manufacturers may request Executive Officer approval to define monitoring conditions that are not encountered during the FTP cycle as required in section (d)(3.1.1). In evaluating the manufacturer's request, the Executive Officer shall consider the degree to which the requirement to run during the FTP cycle restricts in-use monitoring, the technical necessity for defining monitoring conditions that are not encountered during the FTP cycle, data and/or an engineering evaluation submitted by the manufacturer which demonstrate that the component/system does not normally function, or monitoring is otherwise not feasible, during the FTP cycle, and, where applicable in section (d)(3.2), the ability of the manufacturer to demonstrate the monitoring conditions will satisfy the minimum acceptable in-use monitor performance ratio requirement as defined in section (d)(3.2). (3.2) As specifically provided for in sections (e) through (g), manufacturers shall define monitoring conditions in accordance with the criteria in sections (d)(3.2.1) through (3.2.3). (3.2.1) Manufacturers shall implement software algorithms in the OBD system to individually track and report in-use performance of the following monitors in the standardized format specified in section (d)(5): (A) NMHC converting catalyst (section (e)(5.3.1)) (B) NOx converting catalyst (section (e)(6.3.1)) (C) Catalyst (section (f)(6.3)); (D) Exhaust gas sensor (sections (e)(9.3.1)(A) or (f)(8.3.1)(A)); (E) Evaporative system (section (f)(7.3.2)); (F) EGR system (sections (e)(3.3.2) and (3.3.3) or (f)(3.3.1)) and VVT system (sections (e)(10.3) or (f)(9.3)); (G) Secondary air system (section (f)(5.3.1)); (H) PM filter (section (e)(8.3)); (I) Boost pressure control system (sections (e)(4.3.2) and (e)(4.3.3)); and (J) NOx adsorber (section (e)(7.3.1)). The OBD system is not required to track and report in-use performance for monitors other than those specifically identified above. (3.2.2) For all 2013 and subsequent model year engines, manufacturers shall define monitoring conditions that, in addition to meeting the criteria in sections (d)(3.1) and (d)(3.2.1), ensure that the monitor yields an in-use performance ratio (as defined in section (d)(4)) that meets or exceeds the minimum acceptable in-use monitor performance ratio for in-use vehicles. For purposes of this regulation, the minimum acceptable in-use monitor performance ratio is 0.100 for all monitors specifically required in sections (e) through (g) to meet the monitoring condition requirements of section (d)(3.2). (3.2.3) Manufacturers may not use the calculated ratio (or any element thereof) or any other indication of monitor frequency as a monitoring condition for a monitor (e.g., using a low ratio to enable more frequent monitoring through diagnostic executive priority or modification of other monitoring conditions, or using a high ratio to enable less frequent monitoring). (3.2.4) Upon request of a manufacturer or upon the best engineering judgment of the ARB, the Executive Officer may revise the minimum acceptable in-use monitoring performance ratio specified in section (d)(3.2.2) for a specific monitor if the most reliable monitoring method developed requires a lower ratio. (4) In-Use Monitor Performance Ratio Definition. (4.1) For monitors required to meet the requirements in section (d)(3.2), the ratio shall be calculated in accordance with the following specifications for the numerator, denominator, and ratio. (4.2) Numerator Specifications (4.2.1) Definition: The numerator is defined as a measure of the number of times a vehicle has been operated such that all monitoring conditions necessary for a specific monitor to detect a malfunction have been encountered. (4.2.2) Specifications for incrementing: (A) Except as provided for in section (d)(4.2.2)(E), the numerator, when incremented, shall be incremented by an integer of one. The numerator may not be incremented more than once per driving cycle. (B) The numerator for a specific monitor shall be incremented within 10 seconds if and only if the following criteria are satisfied on a single driving cycle: (i) Every monitoring condition necessary for the monitor of the specific component to detect a malfunction and store a pending fault code has been satisfied, including enable criteria, presence or absence of related fault codes, sufficient length of monitoring time, and diagnostic executive priority assignments (e.g., diagnostic "A" must execute prior to diagnostic "B"). For the purpose of incrementing the numerator, satisfying all the monitoring conditions necessary for a monitor to determine the component is passing may not, by itself, be sufficient to meet this criteria. (ii) For monitors that require multiple stages or events in a single driving cycle to detect a malfunction, every monitoring condition necessary for all events to have completed must be satisfied. (iii) For monitors that require intrusive operation of components to detect a malfunction, a manufacturer shall request Executive Officer approval of the strategy used to determine that, had a malfunction been present, the monitor would have detected the malfunction. Executive Officer approval of the request shall be based on the equivalence of the strategy to actual intrusive operation and the ability of the strategy to accurately determine if every monitoring condition necessary for the intrusive event to occur was satisfied. (iv) For the secondary air system monitor, the criteria in sections (d)(4.2.2)(B)(i) through (iii) above are satisfied during normal operation of the secondary air system. Monitoring during intrusive operation of the secondary air system later in the same driving cycle solely for the purpose of monitoring may not, by itself, be sufficient to meet this criteria. (C) For monitors that can generate results in a "gray zone" or "non-detection zone" (i.e., results that indicate neither a passing system nor a malfunctioning system) or in a "non-decision zone" (e.g., monitors that increment and decrement counters until a pass or fail threshold is reached), the manufacturer shall submit a plan for appropriate incrementing of the numerator to the Executive Officer for review and approval. In general, the Executive Officer shall not approve plans that allow the numerator to be incremented when the monitor indicates a result in the "non-detection zone" or prior to the monitor reaching a decision. In reviewing the plan for approval, the Executive Officer shall consider data and/or engineering evaluation submitted by the manufacturer demonstrating the expected frequency of results in the "non-detection zone" and the ability of the monitor to accurately determine if a monitor would have detected a malfunction instead of a result in the "non-detection zone" had an actual malfunction been present. (D) For monitors that run or complete during engine-off operation, the numerator shall be incremented within 10 seconds after the monitor has completed during engine-off operation or during the first 10 seconds of engine start on the subsequent driving cycle. (E) Manufacturers utilizing alternate statistical MIL illumination protocols as allowed in sections (d)(2.2.1)(C) and (d)(2.2.2)(C) for any of the monitors requiring a numerator shall submit a plan for appropriate incrementing of the numerator to the Executive Officer for review and approval. Executive Officer approval of the plan shall be conditioned upon the manufacturer providing supporting data and/or engineering evaluation demonstrating the equivalence of the incrementing in the manufacturer's plan to the incrementing specified in section (d)(4.2.2) for monitors using the standard MIL illumination protocol and the overall equivalence of the manufacturer's plan in determining that the minimum acceptable in-use performance ratio in section (d)(3.2) is satisfied. (4.3) Denominator Specifications (4.3.1) Definition: The denominator is defined as a measure of the number of times a vehicle has been operated as defined in (d)(4.3.2). (4.3.2) Specifications for incrementing: (A) The denominator, when incremented, shall be incremented by an integer of one. The denominator may not be incremented more than once per driving cycle. (B) The denominator for each monitor shall be incremented within 10 seconds if and only if the following criteria are satisfied on a single driving cycle: (i) Cumulative time since start of driving cycle is greater than or equal to 600 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; (ii) Cumulative gasoline engine operation at or above 25 miles per hour or diesel engine operation at or above 15% calculated load, either of which occurs for greater than or equal to 300 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit; and (iii) Continuous vehicle operation at idle (e.g., accelerator pedal released by driver and vehicle speed less than or equal to one mile per hour) for greater than or equal to 30 seconds while at an elevation of less than 8,000 feet above sea level and at an ambient temperature of greater than or equal to 20 degrees Fahrenheit. (C) In addition to the requirements of section (d)(4.3.2)(B) above, the evaporative system monitor denominator(s) shall be incremented if and only if: (i) Cumulative time since start of driving cycle is greater than or equal to 600 seconds while at an ambient temperature of greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit; and (ii) Engine cold start occurs with engine coolant temperature at engine start greater than or equal to 40 degrees Fahrenheit but less than or equal to 95 degrees Fahrenheit and less than or equal to 12 degrees Fahrenheit higher than ambient temperature at engine start. (D) In addition to the requirements of section (d)(4.3.2)(B) above, the denominator(s) for the following monitors shall be incremented if and only if the component or strategy is commanded "on" for a time greater than or equal to 10 seconds: (i) Secondary Air System (section (f)(5)) (ii) Cold Start Emission Reduction Strategy (section (f)(4)) (iii) Components or systems that operate only at engine start-up (e.g., glow plugs, intake air heaters) and are subject to monitoring under "other emission control systems" (section (g)(4)) or comprehensive component output components (section (g)(3)) For purposes of determining this commanded "on" time, the OBD system may not include time during intrusive operation of any of the components or strategies later in the same driving cycle solely for the purposes of monitoring. (E) In addition to the requirements of section (d)(4.3.2)(B) above, the denominator(s) for the following monitors of output components (except those operated only at engine start-up and subject to the requirements of the previous section (d)(4.3.2)(D)) shall be incremented if and only if the component is commanded to function (e.g., commanded "on", "open", "closed", "locked") on two or more occasions during the driving cycle or for a time greater than or equal to 10 seconds, whichever occurs first: (i) Variable valve timing and/or control system (sections (e)(10) or (f)(9)) (ii) "Other emission control systems" (section (g)(4)) (iii) Comprehensive component output component (section (g)(3)) (e.g., turbocharger waste-gates, variable length manifold runners) (F) For monitors of the following components, the manufacturer may request Executive Officer approval to use alternate or additional criteria to that set forth in section (d)(4.3.2)(B) above for incrementing the denominator. Executive Officer approval of the proposed criteria shall be based on the equivalence of the proposed criteria in measuring the frequency of monitor operation relative to the amount of vehicle operation in accordance with the criteria in section (d)(4.3.2)(B) above: (i) Engine cooling system input components (section (g)(1)) (ii) "Other emission control systems" (section (g)(4)) (iii) Comprehensive component input components that require extended monitoring evaluation (section (g)(3)) (e.g., stuck fuel level sensor rationality) (G) For monitors of the following components or other emission controls that experience infrequent regeneration events, the manufacturer may request Executive Officer approval to use alternate or additional criteria to that set forth in section (d)(4.3.2)(B) above for incrementing the denominator. Executive Officer approval of the proposed criteria shall be based on the effectiveness of the proposed criteria in measuring the frequency of monitor operation relative to the amount of vehicle operation: (i) Oxidation catalyst (section (e)(5)) (ii) Particulate matter filters (section (e)(8)) (H) For hybrid vehicles, vehicles that employ alternate engine start hardware or strategies (e.g., integrated starter and generators), or alternate fuel vehicles (e.g., dedicated, bi-fuel, or dual-fuel applications), the manufacturer may request Executive Officer approval to use alternate criteria to that set forth in section (d)(4.3.2)(B) above for incrementing the denominator. In general, the Executive Officer shall not approve alternate criteria for vehicles that only employ engine shut off at or near idle/vehicle stop conditions. Executive Officer approval of the alternate criteria shall be based on the equivalence of the alternate criteria to determine the amount of vehicle operation relative to the measure of conventional vehicle operation in accordance with the criteria in section (d)(4.3.2)(B) above. (4.4) Ratio Specifications (4.4.1) Definition: The ratio is defined as the numerator divided by the denominator. (4.5) Disablement of Numerators and Denominators (4.5.1) Within 10 seconds of a malfunction being detected (i.e., a pending, confirmed, or MIL-on fault code being stored) that disables a monitor required to meet the monitoring conditions in section (d)(3.2), the OBD system shall disable further incrementing of the corresponding numerator and denominator for each monitor that is disabled. When the malfunction is no longer detected (e.g., the pending code is erased through self-clearing or through a scan tool command), incrementing of all corresponding numerators and denominators shall resume within 10 seconds. (4.5.2) Within 10 seconds of the start of a PTO (see section (c)) operation that disables a monitor required to meet the monitoring conditions in section (d)(3.2), the OBD system shall disable further incrementing of the corresponding numerator and denominator for each monitor that is disabled. When the PTO operation ends, incrementing of all corresponding numerators and denominators shall resume within 10 seconds. (4.5.3) The OBD system shall disable further incrementing of all numerators and denominators within 10 seconds if a malfunction of any component used to determine if the criteria in sections (d)(4.3.2)(B) through (C) are satisfied (i.e., vehicle speed/calculated load, ambient temperature, elevation, idle operation, engine cold start, or time of operation) has been detected and the corresponding pending fault code has been stored. Incrementing of all numerators and denominators shall resume within 10 seconds when the malfunction is no longer present (e.g., pending code erased through self-clearing or by a scan tool command). (5) Standardized tracking and reporting of monitor performance. (5.1) For monitors required to track and report in-use monitor performance in section (d)(3.2), the performance data shall be tracked and reported in accordance with the specifications in sections (d)(4), (d)(5), and (h)(5.1). The OBD system shall separately report an in-use monitor performance numerator and denominator for each of the following components: (5.1.1) For diesel engines, NMHC catalyst bank 1, NMHC catalyst bank 2, NOx catalyst bank 1, NOx catalyst bank 2, exhaust gas sensor bank 1, exhaust gas sensor bank 2, EGR/VVT system, PM filter, boost pressure control system, and NOx adsorber. The OBD system shall also report a general denominator and an ignition cycle counter in the standardized format specified in sections (d)(5.5), (d)(5.6), and (h)(5.1). (5.1.2) For gasoline engines, catalyst bank 1, catalyst bank 2, oxygen sensor bank 1, oxygen sensor bank 2, evaporative leak detection system, EGR/VVT system, and secondary air system. The OBD system shall also report a general denominator and an ignition cycle counter in the standardized format specified in sections (d)(5.5), (d)(5.6), and (h)(5.1). (5.2) Numerator (5.2.1) The OBD system shall report a separate numerator for each of the components listed in section (d)(5.1). (5.2.2) For specific components or systems that have multiple monitors that are required to be reported under section (e) (e.g., exhaust gas sensor bank 1 may have multiple monitors for sensor response or other sensor characteristics), the OBD system shall separately track numerators and denominators for each of the specific monitors and report only the corresponding numerator and denominator for the specific monitor that has the lowest numerical ratio. If two or more specific monitors have identical ratios, the corresponding numerator and denominator for the specific monitor that has the highest denominator shall be reported for the specific component. (5.2.3) The numerator(s) shall be reported in accordance with the specifications in section (h)(5.1.2)(A). (5.3) Denominator (5.3.1) The OBD system shall report a separate denominator for each of the components listed in section (d)(5.1). (5.3.2) The denominator(s) shall be reported in accordance with the specifications in section (h)(5.1.2)(A). (5.4) Ratio (5.4.1) For purposes of determining which corresponding numerator and denominator to report as required in section (d)(5.2.2), the ratio shall be calculated in accordance with the specifications in section (h)(5.1.2)(B). (5.5) Ignition cycle counter (5.5.1) Definition: (A) The ignition cycle counter is defined as a counter that indicates the number of ignition cycles a vehicle has experienced as defined in section (d)(5.5.2)(B). (B) The ignition cycle counter shall be reported in accordance with the specifications in section (h)(5.1.2)(A). (5.5.2) Specifications for incrementing: (A) The ignition cycle counter, when incremented, shall be incremented by an integer of one. The ignition cycle counter may not be incremented more than once per ignition cycle. (B) The ignition cycle counter shall be incremented within 10 seconds if and only if the engine exceeds an engine speed of 50 to 150 rpm below the normal, warmed-up idle speed (as determined in the drive position for vehicles equipped with an automatic transmission) for at least two seconds plus or minus one second. (C) The OBD system shall disable further incrementing of the ignition cycle counter within 10 seconds if a malfunction of any component used to determine if the criteria in section (d)(5.5.2)(B) are satisfied (i.e., engine speed or time of operation) has been detected and the corresponding pending fault code has been stored. The ignition cycle counter may not be disabled from incrementing for any other condition. Incrementing of the ignition cycle counter shall resume within 10 seconds when the malfunction is no longer present (e.g., pending code erased through self-clearing or by a scan tool command). (5.6) General Denominator (5.6.1) Definition: (A) The general denominator is defined as a measure of the number of times a vehicle has been operated as defined in section (d)(5.6.2)(B). (B) The general denominator shall be reported in accordance with the specifications in section (h)(5.1.2)(A). (5.6.2) Specifications for incrementing: (A) The general denominator, when incremented, shall be incremented by an integer of one. The general denominator may not be incremented more than once per driving cycle. (B) The general denominator shall be incremented within 10 seconds if and only if the criteria identified in section (d)(4.3.2)(B) are satisfied on a single driving cycle. (C) The OBD system shall disable further incrementing of the general denominator within 10 seconds if a malfunction of any component used to determine if the criteria in section (d)(4.3.2)(B) are satisfied (i.e., vehicle speed/load, ambient temperature, elevation, idle operation, or time of operation) has been detected and the corresponding pending fault code has been stored. The general denominator may not be disabled from incrementing for any other condition (e.g., the disablement criteria in sections (d)(4.5.1) and (d)(4.5.2) may not disable the general denominator). Incrementing of the general denominator shall resume within 10 seconds when the malfunction is no longer present (e.g., pending code erased through self-clearing or by a scan tool command). (6) Malfunction Criteria Determination. (6.1) In determining the malfunction criteria for diesel engine monitors in sections (e) and (g) that are required to indicate a malfunction before emissions exceed an emission threshold based on any applicable standard (e.g., 2.0 times any of the applicable standards), the manufacturer shall: (6.1.1) Use the emission test cycle and standard (i.e., FTP or SET) determined by the manufacturer to be more stringent (i.e., to result in higher emissions with the same level of monitored component malfunction). The manufacturer shall use data and/or engineering analysis to determine the test cycle and standard that is more stringent. (6.1.2) Identify in the certification documentation required under section (j), the test cycle and standard determined by the manufacturer to be the most stringent for each applicable monitor. (6.1.3) If the Executive Officer reasonably believes that a manufacturer has incorrectly determined the test cycle and standard that is most stringent, the Executive Officer shall require the manufacturer to provide emission data and/or engineering analysis showing that the other test cycle and standard are less stringent. (6.2) On engines equipped with emission controls that experience infrequent regeneration events, a manufacturer shall adjust the emission test results that are used to determine the malfunction criterion for monitors that are required to indicate a malfunction before emissions exceed a certain emission threshold (e.g., 2.0 times any of the applicable standards). For each monitor, the manufacturer shall adjust the emission result using the procedure described in CFR title 40, part 86.004-28(i) with the component for which the malfunction criteria is being established deteriorated to the malfunction threshold. The adjusted emission value shall be used for purposes of determining whether or not the specified emission threshold is exceeded (e.g., a malfunction must be detected before the adjusted emission value exceeds 2.0 times any applicable standard). (6.2.1) For purposes of section (d)(6.2), "regeneration" means an event during which emissions levels change while the emission control performance is being restored by design. (6.2.2) For purposes of section (d)(6.2), "infrequent" means having an expected frequency of less than once per FTP cycle. (6.3) In lieu of meeting the malfunction criteria for gasoline engine monitors in sections (f) and (g), the manufacturer may request Executive Officer approval to utilize OBD systems certified to the requirements of title 13, CCR section 1968.2 on medium-duty engines or vehicles. The Executive Officer shall approve the request upon finding that the manufacturer has used good engineering judgment in determining equivalent malfunction detection criteria on the heavy-duty engine. (7) Implementation Schedule (7.1) Except as specified in sections (d)(7.4) and (d)(7.5) for small volume manufacturers and alternate-fueled engines, for the 2010 through 2012 model year engines: (7.1.1) Full OBD. Except as specified in section (d)(7.1.3) below, a manufacturer shall implement an OBD system meeting the requirements of section 1971.1 on one engine rating (i.e., the OBD parent rating) within one of the manufacturer's engine families. The OBD parent rating shall be from the manufacturer's heavy-duty engine family with the highest weighted sales number for the 2010 model year and shall be the engine rating with the highest weighted sales number within that engine family. (7.1.2) Extrapolated OBD. For all other engine ratings within the engine family selected according to section (d)(7.1.1) (i.e., the OBD child ratings), except as specified in section (d)(7.1.3) below), a manufacturer shall implement an OBD system meeting the requirements of section 1971.1 with the exception that the OBD system is not required to detect a malfunction prior to exceeding the emission thresholds specified in the malfunction criteria in sections (e) through (g). In lieu of detecting a malfunction prior to exceeding the emission thresholds, a manufacturer shall submit a plan for Executive Officer review and approval detailing the engineering evaluation the manufacturer will use to establish the malfunction criteria for the OBD child ratings. The Executive Officer shall approve the plan upon determining that the manufacturer is using good engineering judgment to establish the malfunction criteria for robust detection of malfunctions, including consideration of differences of base engine, calibration, emission control components, and emission control strategies. (7.1.3) For all engine ratings (i.e., OBD parent and OBD child ratings) within the engine family selected according to (d)(7.1.1): (A) The OBD system is exempt from having to comply with the standardization requirements set forth in the incorporated documents to this regulation (e.g., SAE J1939 defined format) within the following sections: (i) (d)(1.2) and (h)(2) (standardized connector) (ii) (d)(2.1.1) and (2.1.5) (dedicated standardized MIL) (iii) (h)(3) (communication protocol) (iv) (h)(4) (standardized communication functions with respect to the requirements to make the data available in a standardized format or in accordance with SAE J1979/1939 specifications) (v) (h)(5.1.1) and (h)(5.2.1) with respect to the requirements to make the data available in a standardized format or in accordance with SAE J1979/1939 specifications. (B) The OBD system shall meet the requirements of either sections (d)(2.2.1) and (2.3.1) or (d)(2.2.2) and (2.3.2) regardless of the communication protocol (e.g., standardized, proprietary) used by the OBD system. (7.1.4) Engine Manufacturer Diagnostic (EMD) Systems. For all engine ratings in the manufacturer's engine families not selected according to section (d)(7.1.1), a manufacturer shall: (A) Implement an EMD system meeting the requirements of title 13, CCR section 1971 in lieu of meeting the requirements of section 1971.1; and (B) Monitor the NOx aftertreatment (i.e., catalyst, adsorber) on engines so-equipped. A malfunction shall be detected if: (i) The NOx aftertreatment system has no detectable amount of NOx aftertreatment capability (i.e., NOx catalyst conversion or NOx adsorption); (ii) The NOx aftertreatment substrate is completely destroyed, removed, or missing; or (iii) The NOx aftertreatment assembly is replaced with a straight pipe. (7.2) Except as specified in section (d)(7.5) for alternate-fueled engines, for the 2013 through 2015 model year engines: (7.2.1) A manufacturer shall be required to define one or more OBD groups to cover all engine ratings in all engine families. (7.2.2) Full OBD. A manufacturer shall implement an OBD system meeting the requirements of section 1971.1: (A) On all engine ratings (i.e., OBD parent and OBD child ratings) within the engine family selected according to section (d)(7.1.1); and (B) On one engine rating (i.e., OBD parent rating) within each of the manufacturer's OBD groups. The OBD parent rating shall be the engine rating with the highest weighted sales number for the 2013 model year within each OBD group. (7.2.3) Extrapolated OBD. For all engine ratings not subject to section (d)(7.2.2) (i.e., OBD child ratings), a manufacturer shall implement an OBD system meeting the requirements of section 1971.1 with the exception that the OBD system is not required to detect a malfunction prior to exceeding the emission thresholds specified in the malfunction criteria in sections (e) through (g). In lieu of detecting a malfunction prior to exceeding the emission thresholds, a manufacturer shall submit a plan for Executive Officer review and approval detailing the engineering evaluation the manufacturer will use to establish the malfunction criteria for the OBD child ratings. The Executive Officer shall approve the plan upon determining that the manufacturer is using good engineering judgment to establish the malfunction criteria for robust detection of malfunctions, including consideration of differences of base engine, calibration, emission control components, and emission control strategies. (7.3) Except as specified in section (d)(7.5) for alternate-fueled engines, for the 2016 and subsequent model year engines: (7.3.1) A manufacturer shall implement an OBD system meeting the requirements of section 1971.1 on all engine ratings in all engine families. (7.4) Small volume manufacturers shall be exempt from the requirements of section 1971.1 for 2010 through 2012 model year engines. For purposes of this requirement, a small volume manufacturer is defined as a manufacturer with projected engine sales for California heavy-duty vehicles of less than 1200 engines per year for the 2010 model year. (7.5) For alternate-fueled engines: (7.5.1) For 2010 through 2012 model year engines, a manufacturer shall be exempt from the requirements of section 1971.1. (7.5.2) For 2013 through 2019 model year engines, the manufacturer shall: (A) Implement an EMD system meeting the requirements of title 13, CCR section 1971 in lieu of meeting the requirements of section 1971.1; and (B) Monitor the NOx aftertreatment (i.e., catalyst, adsorber) on engines so-equipped. A malfunction shall be detected if: (i) The NOx aftertreatment system has no detectable amount of NOx aftertreatment capability (i.e., NOx catalyst conversion or NOx adsorption); (ii) The NOx aftertreatment substrate is completely destroyed, removed, or missing; or (iii) The NOx aftertreatment assembly is replaced with a straight pipe. (7.5.3) For 2020 and subsequent model year engines, a manufacturer shall implement an OBD system meeting the requirements of section 1971.1. (e) Monitoring Requirements For Diesel/Compression-Ignition Engines (1) Fuel System Monitoring (1.1) Requirement: The OBD system shall monitor the fuel delivery system to determine its ability to comply with emission standards. The individual electronic components (e.g., actuators, valves, sensors, pumps) that are used in the fuel system and not specifically addressed in this section shall be monitored in accordance with the comprehensive component requirements in section (g)(3). (1.2) Malfunction Criteria: (1.2.1) Fuel system pressure control: The OBD system shall detect a malfunction of the fuel system pressure control system (e.g., fuel, hydraulic fluid) when the fuel system pressure control system is unable to maintain an engine's NMHC, NOx, or CO emissions at or below 2.0 times the applicable standards or the engine's PM emissions at or below the applicable standard plus 0.02 grams per brake horsepower-hour (g/bhp-hr). For engines in which no failure or deterioration of the fuel system pressure control could result in an engine's emissions exceeding these emission levels, the OBD system shall detect a malfunction when the system has reached its control limits such that the commanded fuel system pressure cannot be delivered. (1.2.2) Injection quantity: The OBD system shall detect a malfunction of the fuel injection system when the system is unable to deliver the commanded quantity of fuel necessary to maintain an engine's NMHC, CO, and NOx emissions at or below 2.0 times the applicable standards or the engine's PM emissions at or below the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the fuel injection quantity could result in an engine's emissions exceeding these emission levels, the OBD system shall detect a malfunction when the system has reached its control limits such that the commanded fuel quantity cannot be delivered. (1.2.3) Injection Timing: The OBD system shall detect a malfunction of the fuel injection system when the system is unable to deliver fuel at the proper crank angle/timing (e.g., injection timing too advanced or too retarded) necessary to maintain an engine's NMHC, CO, and NOx emissions at or below 2.0 times the applicable standards or the engine's PM emissions at or below the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the fuel injection timing could result in an engine's emissions exceeding these emission levels, the OBD system shall detect a malfunction when the system has reached its control limits such that the commanded fuel injection timing cannot be achieved. (1.2.4) Feedback control: Except as provided for in section (e)(1.2.5), if the engine is equipped with feedback control of the fuel system (e.g., feedback control of pressure or pilot injection quantity), the OBD system shall detect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback control has used up all of the adjustment allowed by the manufacturer. (1.2.5) A manufacturer may request Executive Officer approval to temporarily disable monitoring for the malfunction criteria specified in section (e)(1.2.4)(C) during conditions that a manufacturer cannot robustly distinguish between a malfunctioning system and a properly operating system. The Executive Officer shall approve the disablement upon the manufacturer submitting data and/or analysis demonstrating that the control system, when operating as designed on an engine with all emission controls working properly, routinely operates during these conditions with all of the adjustment allowed by the manufacturer used up. (1.2.6) In lieu of detecting the malfunctions specified in sections (e)(1.2.4)(A) and (B) with a fuel system-specific monitor, the OBD system may monitor the individual parameters or components that are used as inputs for fuel system feedback control provided that the monitors detect all malfunctions that meet the criteria in sections (e)(1.2.4)(A) and (B). (1.3) Monitoring Conditions: (1.3.1) The OBD system shall monitor continuously for malfunctions identified in sections (e)(1.2.1) and (e)(1.2.4) (i.e., fuel pressure control and feedback operation). (1.3.2) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (e)(1.2.2) and (e)(1.2.3) (i.e., injection quantity and timing) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (1.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (2) Misfire Monitoring (2.1) Requirement: (2.1.1) The OBD system shall monitor the engine for misfire causing excess emissions. The OBD system shall be capable of detecting misfire occurring in one or more cylinders. To the extent possible without adding hardware for this specific purpose, the OBD system shall also identify the specific misfiring cylinder. (2.1.2) If more than one cylinder is continuously misfiring, a separate fault code shall be stored indicating that multiple cylinders are misfiring. When identifying multiple cylinder misfire, the manufacturer OBD system is not required to also identify each of the continuously misfiring cylinders individually through separate fault codes. (2.2) Malfunction Criteria: (2.2.1) The OBD system shall detect a misfire malfunction when one or more cylinders are continuously misfiring. (2.2.2) Additionally, for 2013 and subsequent model year engines equipped with sensors that can detect combustion or combustion quality (e.g., for use in homogeneous charge compression ignition (HCCI) control systems), the OBD system shall detect a misfire malfunction causing the engine's NMHC, CO, or NOx emissions to exceed 2.0 times the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. (A) Manufacturers shall determine the percentage of misfire evaluated in 1000 revolution increments that would cause NMHC, CO, or NOx emissions from an emission durability demonstration engine to exceed 2.0 times any of the applicable standards or PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr if the percentage of misfire were present from the beginning of the test. To establish this percentage of misfire, the manufacturer shall utilize misfire events occurring at equally spaced, complete engine cycle intervals, across randomly selected cylinders throughout each 1000-revolution increment. If this percentage of misfire is determined to be lower than one percent, the manufacturer may set the malfunction criteria at one percent. (B) Subject to Executive Officer approval, a manufacturer may employ other revolution increments. The Executive Officer shall grant approval upon determining that the manufacturer has demonstrated that the strategy would be equally effective and timely in detecting misfire. (2.2.3) A malfunction shall be detected if the percentage of misfire established in section (e)(2.2.2)(A) is exceeded regardless of the pattern of misfire events (e.g., random, equally spaced, continuous). (2.3) Monitoring Conditions: (2.3.1) The OBD system shall monitor for misfire during engine idle conditions at least once per driving cycle in which the monitoring conditions for misfire are met. A manufacturer shall submit monitoring conditions to the Executive Officer for approval. The Executive Officer shall approve manufacturer-defined monitoring conditions that are determined (based on manufacturer-submitted data and/or other engineering documentation) to: (i) be technically necessary to ensure robust detection of malfunctions (e.g., avoid false passes and false detection of malfunctions), (ii) require no more than 1000 cumulative engine revolutions, and (iii) do not require any single continuous idle operation of more than 15 seconds to make a determination that a malfunction is present (e.g., a decision can be made with data gathered during several idle operations of 15 seconds or less); or satisfy the requirements of (d)(3.1) with alternative engine operating conditions. (2.3.2) Manufacturers may request Executive Officer approval to use alternate monitoring conditions (e.g., off-idle). The Executive Officer shall approve alternate monitoring conditions that are determined (based on manufacturer-submitted data and/or other engineering documentation) to ensure equivalent robust detection of malfunctions and equivalent timeliness in detection of malfunctions. (2.3.3) Additionally, for 2013 and subsequent model year engines equipped with sensors that can detect combustion or combustion quality: (A) The OBD system shall continuously monitor for misfire under all positive torque engine speeds and load conditions. (B) If a monitoring system cannot detect all misfire patterns under all required engine speed and load conditions as required in section (e)(2.3.2)(A), the manufacturer may request Executive Officer approval to accept the monitoring system. In evaluating the manufacturer's request, the Executive Officer shall consider the following factors: the magnitude of the region(s) in which misfire detection is limited, the degree to which misfire detection is limited in the region(s) (i.e., the probability of detection of misfire events), the frequency with which said region(s) are expected to be encountered in-use, the type of misfire patterns for which misfire detection is troublesome, and demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under required conditions (i.e., compliance can be achieved on other engines). The evaluation shall be based on the following misfire patterns: equally spaced misfire occurring on randomly selected cylinders, single cylinder continuous misfire, and paired cylinder (cylinders firing at the same crank angle) continuous misfire. (2.4) MIL Illumination and Fault Code Storage: (2.4.1) General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (2.4.2) Additionally, for 2013 and subsequent model year engines equipped with sensors that can detect combustion or combustion quality: (A) Upon detection of the percentage of misfire specified in section (e)(2.2.2)(A), the following criteria shall apply for MIL illumination and fault code storage: (i) A pending fault code shall be stored no later than after the fourth exceedance of the percentage of misfire specified in section (e)(2.2.2) during a single driving cycle. (ii) If a pending fault code is stored, the OBD system shall illuminate the MIL and store a confirmed/MIL-on fault code within 10 seconds if the percentage of misfire specified in section (e)(2.2.2) is again exceeded four times during: (a) the driving cycle immediately following the storage of the pending fault code, regardless of the conditions encountered during the driving cycle; or (b) on the next driving cycle in which similar conditions (see section (c)) to the engine conditions that occurred when the pending fault code was stored are encountered. (iii) The pending fault code may be erased at the end of the next driving cycle in which similar conditions to the engine conditions that occurred when the pending fault code was stored have been encountered without an exceedance of the specified percentage of misfire. The pending code may also be erased if similar conditions are not encountered during the next 80 driving cycles immediately following initial detection of the malfunction. (B) Storage of freeze frame conditions. (i) The OBD system shall store and erase freeze frame conditions either in conjunction with storing and erasing a pending fault code or in conjunction with storing a confirmed/MIL-on fault code and erasing a confirmed/previously MIL-on fault code. (ii) If freeze frame conditions are stored for a malfunction other than a misfire malfunction when a fault code is stored as specified in section (e)(2.4.2), the stored freeze frame information shall be replaced with freeze frame information regarding the misfire malfunction. (C) Storage of misfire conditions for similar conditions determination. Upon detection of misfire under section (e)(2.4.2), the OBD system shall store the following engine conditions: engine speed, load, and warm-up status of the first misfire event that resulted in the storage of the pending fault code. (D) Extinguishing the MIL. The MIL may be extinguished after three sequential driving cycles in which similar conditions have been encountered without an exceedance of the specified percentage of misfire. (3) Exhaust Gas Recirculation (EGR) System Monitoring (3.1) Requirement: The OBD system shall monitor the EGR system on engines so-equipped for low flow rate, high flow rate, and slow response malfunctions. For engines equipped with EGR coolers (e.g., heat exchangers), the OBD system shall monitor the cooler for insufficient cooling malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the EGR system shall be monitored in accordance with the comprehensive component requirements in section (g)(3). (3.2) Malfunction Criteria: (3.2.1) Low Flow: The OBD system shall detect a malfunction of the EGR system prior to a decrease from the manufacturer's specified EGR flow rate that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the EGR system that causes a decrease in flow could result in an engine's emissions exceeding these levels, the OBD system shall detect a malfunction when the system has reached its control limits such that it cannot increase EGR flow to achieve the commanded flow rate. (3.2.2) High Flow: The OBD system shall detect a malfunction of the EGR system, including a leaking EGR valve (i.e., exhaust gas flowing through the valve when the valve is commanded closed), prior to an increase from the manufacturer's specified EGR flow rate that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the EGR system that causes an increase in flow could result in an engine's emissions exceeding these levels, the OBD system shall detect a malfunction when the system has reached its control limits such that it cannot reduce EGR flow to achieve the commanded flow rate. (3.2.3) Slow Response: The OBD system shall detect a malfunction of the EGR system prior to any failure or deterioration in the capability of the EGR system to achieve the commanded flow rate within a manufacturer-specified time that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. The OBD system shall monitor both the capability of the EGR system to respond to a commanded increase in flow and the capability of the EGR system to respond to a commanded decrease in flow. (3.2.4) Feedback control: Except as provided for in section (e)(3.2.6), if the engine is equipped with feedback control of the EGR system (e.g., feedback control of flow, valve position, pressure differential across the valve via intake throttle or exhaust backpressure), the OBD system shall detect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback control has used up all of the adjustment allowed by the manufacturer. (3.2.5) EGR Cooler Performance: The OBD system shall detect a malfunction of the EGR system cooler prior to a reduction from the manufacturer's specified cooling performance that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the EGR system cooler could result in an engine's emissions exceeding these levels, the OBD system shall detect a malfunction when the system has no detectable amount of EGR cooling. (3.2.6) A manufacturer may request Executive Officer approval to temporarily disable monitoring for the malfunction criteria specified in section (e)(3.2.4)(C) during conditions that a manufacturer cannot robustly distinguish between a malfunctioning system and a properly operating system. The Executive Officer shall approve the disablement upon the manufacturer submitting data and/or analysis demonstrating that the control system, when operating as designed on an engine with all emission controls working properly, routinely operates during these conditions with all of the adjustment allowed by the manufacturer used up. (3.2.7) In lieu of detecting the malfunctions specified in sections (e)(3.2.4)(A) and (B) with an EGR system-specific monitor, the OBD system may monitor the individual parameters or components that are used as inputs for EGR system feedback control provided that the monitors detect all malfunctions that meet the criteria in sections (e)(3.2.4)(A) and (B). (3.3) Monitoring Conditions: (3.3.1) The OBD system shall monitor continuously for malfunctions identified in sections (e)(3.2.1), (3.2.2), and (e)(3.2.4) (i.e., EGR low and high flow, feedback control). (3.3.2) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(3.2.3) (i.e., slow response) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (e)(3.2.3) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (3.3.3) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(3.2.5) (i.e., cooler performance) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (e)(3.2.5) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (3.3.4) Manufacturers may request Executive Officer approval to temporarily disable the EGR system check under specific conditions (e.g., when freezing may affect performance of the system). The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation which demonstrate that a reliable check cannot be made when these conditions exist. (3.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (4) Boost Pressure Control System Monitoring (4.1) Requirement: The OBD system shall monitor the boost pressure control system (e.g., turbocharger) on engines so-equipped for under and over boost malfunctions. For engines equipped with variable geometry turbochargers (VGT), the OBD system shall monitor the VGT system for slow response malfunctions. For engines equipped with charge air cooler systems, the OBD system shall monitor the charge air cooler system for cooling system performance malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the boost pressure control system shall be monitored in accordance with the comprehensive component requirements in section (g)(3). (4.2) Malfunction Criteria: (4.2.1) Underboost: The OBD system shall detect a malfunction of the boost pressure control system prior to a decrease from the manufacturer's commanded boost pressure that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the boost pressure control system that causes a decrease in boost could result in an engine's emissions exceeding these levels, the OBD system shall detect a malfunction when the system has reached its control limits such that it cannot increase boost to achieve the commanded boost pressure. (4.2.2) Overboost: The OBD system shall detect a malfunction of the boost pressure control system prior to an increase from the manufacturer's commanded boost pressure that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the boost pressure control system that causes an increase in boost could result in an engine's emissions exceeding these levels, the OBD system shall detect a malfunction when the system has reached its control limits such that it cannot decrease boost to achieve the commanded boost pressure. (4.2.3) VGT slow response: The OBD system shall detect a malfunction prior to any failure or deterioration in the capability of the VGT system to achieve the commanded turbocharger geometry within a manufacturer-specified time that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the VGT system response could result in an engine's emissions exceeding these levels, the OBD system shall detect a malfunction of the VGT system when proper functional response of the system to computer commands does not occur. (4.2.4) Charge Air Undercooling: The OBD system shall detect a malfunction of the charge air cooling system prior to a decrease from the manufacturer's specified cooling rate that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed the applicable standard plus 0.02 g/bhp-hr. For engines in which no failure or deterioration of the charge air cooling system that causes a decrease in cooling performance could result in an engine's emissions exceeding these levels, the OBD system shall detect a malfunction when the system has no detectable amount of charge air cooling. (4.2.5) Feedback control: Except as provided for in section (e)(4.2.6), if the engine is equipped with feedback control of the boost pressure system (e.g., control of VGT position, turbine speed, manifold pressure) the OBD system shall detect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback control has used up all of the adjustment allowed by the manufacturer. (4.2.6) A manufacturer may request Executive Officer approval to temporarily disable monitoring for the malfunction criteria specified in section (e)(4.2.5)(C) during conditions that a manufacturer cannot robustly distinguish between a malfunctioning system and a properly operating system. The Executive Officer shall approve the disablement upon the manufacturer submitting data and/or analysis demonstrating that the control system, when operating as designed on an engine with all emission controls working properly, routinely operates during these conditions with all of the adjustment allowed by the manufacturer used up. (4.2.7) In lieu of detecting the malfunctions specified in sections (e)(4.2.5)(A) and (B) with a boost pressure system-specific monitor, the OBD system may monitor the individual parameters or components that are used as inputs for boost pressure system feedback control provided that the monitors detect all malfunctions that meet the criteria in sections (e)(4.2.5)(A) and (B). (4.3) Monitoring Conditions: (4.3.1) The OBD system shall monitor continuously for malfunctions identified in sections (e)(4.2.1), (4.2.2), and (4.2.5) (i.e., over and under boost, feedback control). (4.3.2) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(4.2.3) (i.e., VGT slow response) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (e)(4.2.3) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (4.3.3) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(4.2.4) (i.e., charge air cooler performance) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (e)(4.2.4) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (4.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (5) Non-Methane Hydrocarbon (NMHC) Converting Catalyst Monitoring (5.1) Requirement: The OBD system shall monitor the NMHC converting catalyst(s) for proper NMHC conversion capability. For engines equipped with catalyzed PM filters that convert NMHC emissions, the catalyst function of the PM filter shall be monitored in accordance with the PM filter requirements in section (e)(8). (5.2) Malfunction Criteria: (5.2.1) For purposes of section (e)(5), each catalyst that converts NMHC shall be monitored either individually or in combination with others. (5.2.2) Conversion Efficiency: (A) The OBD system shall detect an NMHC catalyst malfunction when the catalyst conversion capability decreases to the point that NMHC emissions exceed 2.0 times any of the applicable standards. (B) If no failure or deterioration of the catalyst NMHC conversion capability could result in an engine's NMHC emissions exceeding 2.0 times any of the applicable standards, the OBD system shall detect a malfunction when the catalyst has no detectable amount of NMHC conversion capability. (5.2.3) Other Aftertreatment Assistance Functions: (A) For catalysts used to generate an exotherm to assist PM filter regeneration, the OBD system shall detect a malfunction when the catalyst is unable to generate a sufficient exotherm to achieve regeneration of the PM filter. (B) For catalysts used to generate a feedgas constituency to assist SCR systems (e.g., to increase NO2 concentration upstream of an SCR system), the OBD system shall detect a malfunction when the catalyst is unable to generate the necessary feedgas constituents for proper SCR system operation. (C) For catalysts located downstream of a PM filter and used to convert NMHC emissions during PM filter regeneration, the OBD system shall detect a malfunction when the catalyst has no detectable amount of NMHC conversion capability. (5.2.4) Catalyst System Aging and Monitoring (A) For purposes of determining the catalyst malfunction criteria in sections (e)(5.2.2) and (5.2.3) for individually monitored catalysts, the manufacturer shall use a catalyst deteriorated to the malfunction criteria using methods established by the manufacturer to represent real world catalyst deterioration under normal and malfunctioning engine operating conditions. (B) For purposes of determining the catalyst malfunction criteria in sections (e)(5.2.2) and (5.2.3) for catalysts monitored in combination with others, the manufacturer shall submit a catalyst system aging and monitoring plan to the Executive Officer for review and approval. The plan shall include the description, emission control purpose, and location of each component, the monitoring strategy for each component and/or combination of components, and the method for determining the malfunction criteria of sections (e)(5.2.2) and (5.2.3) including the deterioration/aging process. Executive Officer approval of the plan shall be based on the representativeness of the aging to real world catalyst system component deterioration under normal and malfunctioning engine operating conditions, the effectiveness of the method used to determine the malfunction criteria of section (e)(5.2), the ability of the component monitor(s) to pinpoint the likely area of malfunction and ensure the correct components are repaired/replaced in-use, and the ability of the component monitor(s) to accurately verify that each catalyst component is functioning as designed and as required in sections (e)(5.2.2) and (5.2.3). (5.3) Monitoring Conditions: (5.3.1) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (e)(5.2.2) and (5.2.3) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in sections (e)(5.2.2) and (5.2.3) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (5.4) MIL Illumination and Fault Code Storage: (5.4.1) General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (5.4.2) The monitoring method for the catalyst(s) shall be capable of detecting all instances, except diagnostic self-clearing, when a catalyst fault code has been cleared but the catalyst has not been replaced (e.g., catalyst overtemperature histogram approaches are not acceptable). (6) Oxides of Nitrogen (NOx) Converting Catalyst Monitoring (6.1) Requirement: The OBD system shall monitor the NOx converting catalyst(s) for proper conversion capability. For engines equipped with selective catalytic reduction (SCR) systems or other catalyst systems that utilize an active/intrusive reductant injection (e.g., active lean NOx catalysts utilizing diesel fuel injection), the OBD system shall monitor the SCR or active/intrusive reductant injection system for proper performance. The individual electronic components (e.g., actuators, valves, sensors, heaters, pumps) in the SCR or active/intrusive reductant injection system shall be monitored in accordance with the comprehensive component requirements in section (g)(3). (6.2) Malfunction Criteria: For purposes of section (e)(6), each catalyst that converts NOx shall be monitored either individually or in combination with others. (6.2.1) Conversion Efficiency: (A) For 2010 through 2012 model year engines: (i) The OBD system shall detect a catalyst malfunction when the catalyst conversion capability decreases to the point that would cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.3 g/bhp-hr (e.g., cause emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP or SET). (ii) If no failure or deterioration of the catalyst NOx conversion capability could result in an engine's NOx emissions exceeding any of the applicable standards by more than 0.3 g/bhp-hr, the OBD system shall detect a malfunction when the catalyst has no detectable amount of NOx conversion capability. (B) For 2013 and subsequent model year engines: (i) The OBD system shall detect a catalyst malfunction when the catalyst conversion capability decreases to the point that would cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.2 g/bhp-hr (e.g., cause emissions to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr). (ii) If no failure or deterioration of the catalyst system NOx conversion capability could result in an engine's NOx emissions exceeding any of the applicable standards by more than 0.2 g/bhp-hr, the OBD system shall detect a malfunction when the catalyst has no detectable amount of NOx conversion capability. (6.2.2) Selective Catalytic Reduction (SCR) or Other Active/Intrusive Reductant Injection System Performance: (A) Reductant Delivery Performance: (i) For 2010 through 2012 model year engines, the OBD system shall detect a malfunction prior to any failure or deterioration of the system to properly regulate reductant delivery (e.g., urea injection, separate injector fuel injection, post injection of fuel, air assisted injection/mixing) that would cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.3 g/bhp-hr (e.g., cause emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP or SET). If no failure or deterioration of the SCR system could result in an engine's NOx emissions exceeding any of the applicable standards by more than 0.3 g/bhp-hr, the OBD system shall detect a malfunction when the system has reached its control limits such that it is no longer able to deliver the desired quantity of reductant. (ii) For 2013 and subsequent model year engines, the OBD system shall detect a system malfunction prior to any failure or deterioration of the system to properly regulate reductant delivery (e.g., urea injection, separate injector fuel injection, post injection of fuel, air assisted injection/mixing) that would cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.2 g/bhp-hr (e.g., cause emissions to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr). If no failure or deterioration of the SCR system could result in an engine's NOx emissions exceeding the applicable standards by more than 0.2 g/bhp-hr, the OBD system shall detect a malfunction when the system has reached its control limits such that it is no longer able to deliver the desired quantity of reductant. (B) If the catalyst system uses a reductant other than the fuel used for the engine or uses a reservoir/tank for the reductant that is separate from the fuel tank used for the engine, the OBD system shall detect a malfunction when there is no longer sufficient reductant available (e.g., the reductant tank is empty). (C) If the catalyst system uses a reservoir/tank for the reductant that is separate from the fuel tank used for the engine, the OBD system shall detect a malfunction when an improper reductant is used in the reductant reservoir/tank (e.g., the reductant tank is filled with something other than the reductant). (D) Feedback control: Except as provided for in section (e)(6.2.2)(E), if the engine is equipped with feedback control of the reductant injection, the OBD system shall detect a malfunction: (i) If the system fails to begin feedback control within a manufacturer specified time interval; (ii) If a failure or deterioration causes open loop or default operation; or (iii) If feedback control has used up all of the adjustment allowed by the manufacturer. (E) A manufacturer may request Executive Officer approval to temporarily disable monitoring for the malfunction criteria specified in section (e)(6.2.2)(D)(iii) during conditions that a manufacturer cannot robustly distinguish between a malfunctioning system and a properly operating system. The Executive Officer shall approve the disablement upon the manufacturer submitting data and/or analysis demonstrating that the control system, when operating as designed on an engine with all emission controls working properly, routinely operates during these conditions with all of the adjustment allowed by the manufacturer used up. (F) In lieu of detecting the malfunctions specified in sections (e)(6.2.2)(D)(i) and (ii) with a reductant injection system-specific monitor, the OBD system may monitor the individual parameters or components that are used as inputs for reductant injection feedback control provided that the monitors detect all malfunctions that meet the criteria in sections (e)(6.2.2)(D)(i) and (ii). (6.2.3) Catalyst System Aging and Monitoring (A) For purposes of determining the catalyst malfunction criteria in section (e)(6.2.1) for individually monitored catalysts, the manufacturer shall use a catalyst deteriorated to the malfunction criteria using methods established by the manufacturer to represent real world catalyst deterioration under normal and malfunctioning engine operating conditions. (B) For purposes of determining the catalyst malfunction criteria in section (e)(6.2.1) for catalysts monitored in combination with others, the manufacturer shall submit a catalyst system aging and monitoring plan to the Executive Officer for review and approval. The plan shall include the description, emission control purpose, and location of each component, the monitoring strategy for each component and/or combination of components, and the method for determining the malfunction criteria of section (e)(6.2.1) including the deterioration/aging process. Executive Officer approval of the plan shall be based on the representativeness of the aging to real world catalyst system component deterioration under normal and malfunctioning engine operating conditions, the effectiveness of the method used to determine the malfunction criteria of section (e)(6.2.1), the ability of the component monitor(s) to pinpoint the likely area of malfunction and ensure the correct components are repaired/replaced in-use, and the ability of the component monitor(s) to accurately verify that each catalyst component is functioning as designed and as required in section (e)(6.2.1). (6.3) Monitoring Conditions: (6.3.1) Manufacturers shall define the monitoring conditions for malfunctions identified in section (e)(6.2.1) (i.e., catalyst efficiency) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (e)(6.2.1) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (6.3.2) The OBD system shall monitor continuously for malfunctions identified in section (e)(6.2.2) (e.g., SCR performance). (6.4) MIL Illumination and Fault Code Storage: (6.4.1) Except as provided below for reductant faults, general requirements for MIL illumination and fault code storage are set forth in section (d)(2). (6.4.2) If the OBD system is capable of discerning that a system fault is being caused by a empty reductant tank: (A) The manufacturer may request Executive Officer approval to delay illumination of the MIL if the vehicle is equipped with an alternative indicator for notifying the vehicle operator of the malfunction. The Executive Officer shall approve the request upon determining the alternative indicator is of sufficient illumination and location to be readily visible under all lighting conditions and provides equivalent assurance that a vehicle operator will be promptly notified and that corrective action will be undertaken. (B) If the vehicle is not equipped with an alternative indicator and the MIL illuminates, the MIL may be immediately extinguished and the corresponding fault codes erased once the OBD system has verified that the reductant tank has been properly refilled and the MIL has not been illuminated for any other type of malfunction. (C) The Executive Officer may approve other strategies that provide equivalent assurance that a vehicle operator will be promptly notified and that corrective action will be undertaken. (6.4.3) The monitoring method for the catalyst(s) shall be capable of detecting all instances, except diagnostic self-clearing, when a catalyst fault code has been cleared but the catalyst has not been replaced (e.g., catalyst overtemperature histogram approaches are not acceptable). (7) NOx Adsorber Monitoring (7.1) Requirement: The OBD system shall monitor the NOx adsorber on engines so-equipped for proper performance. For engines equipped with active/intrusive injection (e.g., in-exhaust fuel and/or air injection) to achieve desorption of the NOx adsorber, the OBD system shall monitor the active/intrusive injection system for proper performance. The individual electronic components (e.g., injectors, valves, sensors) that are used in the active/intrusive injection system shall be monitored in accordance with the comprehensive component requirements in section (g)(3). (7.2) Malfunction Criteria: (7.2.1) NOx adsorber capability: (A) For 2010 through 2012 model year engines, the OBD system shall detect a NOx adsorber system malfunction when the NOx adsorber capability decreases to the point that would cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.3 g/bhp-hr (e.g., cause emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP or SET). If no failure or deterioration of the NOx adsorber capability could result in an engine's NOx emissions exceeding any of the applicable standards by more than 0.3 g/bhp-hr, the OBD system shall detect a malfunction when the system has no detectable amount of NOx adsorber capability. (B) For 2013 and subsequent model year engines, the OBD system shall detect a NOx adsorber system malfunction when the NOx adsorber capability decreases to the point that would cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.2 g/bhp-hr (e.g., cause emissions to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP or SET). If no failure or deterioration of the NOx adsorber capability could result in an engine's NOx emissions exceeding any of the applicable standards by more than 0.2 g/bhp-hr, the OBD system shall detect a malfunction when the system has no detectable amount of NOx adsorber capability. (7.2.2) For systems that utilize active/intrusive injection (e.g., in-cylinder post fuel injection, in-exhaust air-assisted fuel injection) to achieve desorption of the NOx adsorber, the OBD system shall detect a malfunction if any failure or deterioration of the injection system's ability to properly regulate injection causes the system to be unable to achieve desorption of the NOx adsorber. (7.2.3) Feedback control: Except as provided for in section (e)(7.2.4), if the engine is equipped with feedback control of the NOx adsorber or active/intrusive injection system (e.g., feedback control of injection quantity, time), the OBD system shall detect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback control has used up all of the adjustment allowed by the manufacturer. (7.2.4) A manufacturer may request Executive Officer approval to temporarily disable monitoring for the malfunction criteria specified in section (e)(7.2.3)(C) during conditions that a manufacturer cannot robustly distinguish between a malfunctioning system and a properly operating system. The Executive Officer shall approve the disablement upon the manufacturer submitting data and/or analysis demonstrating that the control system, when operating as designed on an engine with all emission controls working properly, routinely operates during these conditions with all of the adjustment allowed by the manufacturer used up. (7.2.5) In lieu of detecting the malfunctions specified in sections (e)(7.2.3)(A) and (B) with a NOx adsorber-specific monitor, the OBD system may monitor the individual parameters or components that are used as inputs for NOx adsorber or active/intrusive injection system feedback control provided that the monitors detect all malfunctions that meet the criteria in sections (e)(7.2.3)(A) and (B). (7.3) Monitoring Conditions: (7.3.1) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (e)(7.2.1) (i.e., adsorber capability) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in sections (e)(7.2.1) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (7.3.2) The OBD system shall monitor continuously for malfunctions identified in sections (e)(7.2.2) and (7.2.3) (e.g., injection function, feedback control). (7.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (8) Particulate Matter (PM) Filter Monitoring (8.1) Requirement: The OBD system shall monitor the PM filter on engines so-equipped for proper performance. For engines equipped with active regeneration systems that utilize an active/intrusive injection (e.g., in-exhaust fuel injection, in-exhaust fuel/air burner), the OBD system shall monitor the active/intrusive injection system for proper performance. The individual electronic components (e.g., injectors, valves, sensors) that are used in the active/intrusive injection system shall be monitored in accordance with the comprehensive component requirements in section (g)(3). (8.2) Malfunction Criteria: (8.2.1) Filtering Performance: (A) Except as specified in section (e)(8.2.1.)(B) below, for 2010 through 2015 model year engines, the OBD system shall detect a malfunction prior to a decrease in the filtering capability of the PM filter (e.g., cracking) that would cause an engine's PM emissions to exceed either of the following thresholds, whichever is higher: 0.05 g/bhp-hr as measured from an applicable emission test cycle (i.e., FTP or SET); or the applicable standard plus 0.04 g/bhp-hr (e.g., 0.05 g/bhp-hr if the emission standard is 0.01 g/bhp-hr). If no failure or deterioration of the PM filtering performance could result in an engine's PM emissions exceeding these levels, the OBD system shall detect a malfunction when no detectable amount of PM filtering occurs. (B) For 2013 through 2015 model year engines subject to (d)(7.2.2)(A) and for all 2016 and subsequent model year engines, the OBD system shall detect a malfunction prior to a decrease in the filtering capability of the PM filter that would cause an engine's PM emissions to exceed either of the following thresholds, whichever is higher: 0.03 g/bhp-hr as measured from an applicable emission test cycle (i.e., FTP or SET); or the applicable standard plus 0.02 g/bhp-hr (e.g., 0.03 g/bhp-hr if the emission standard is 0.01 g/bhp-hr). If no failure or deterioration of the PM filtering performance could result in an engine's PM emissions exceeding these levels, the OBD system shall detect a malfunction when no detectable amount of PM filtering occurs. (8.2.2) Frequent Regeneration: The OBD system shall detect a malfunction when the PM filter regeneration frequency increases from (i.e., occurs more often than) the manufacturer's specified regeneration frequency to a level such that it would cause an engine's NMHC emissions to exceed 2.0 times the applicable standards. If no failure or deterioration causes an increase in the PM filter regeneration frequency that could result in an engine's NMHC emissions exceeding 2.0 times the applicable standards, the OBD system shall detect a malfunction when the PM filter regeneration frequency exceeds the manufacturer's specified design limits for allowable regeneration frequency. (8.2.3) Incomplete regeneration: The OBD system shall detect a regeneration malfunction when the PM filter does not properly regenerate under manufacturer-defined conditions where regeneration is designed to occur. (8.2.4) NMHC conversion: For catalyzed PM filters that convert NMHC emissions, the OBD system shall monitor the catalyst function of the PM filter and detect a malfunction when the NMHC conversion capability decreases to the point that NMHC emissions exceed 2.0 times the applicable standards. If no failure or deterioration of the NMHC conversion capability could result in an engine's NMHC emissions exceeding 2.0 times the applicable standards, the OBD system shall detect a malfunction when the system has no detectable amount of NMHC conversion capability. (8.2.5) Missing substrate: The OBD system shall detect a malfunction if either the PM filter substrate is completely destroyed, removed, or missing, or if the PM filter assembly is replaced with a muffler or straight pipe. (8.2.6) Active/Intrusive Injection: For systems that utilize active/intrusive injection (e.g., in-cylinder post fuel injection, in-exhaust air-assisted fuel injection) to achieve regeneration of the PM filter, the OBD system shall detect a malfunction if any failure or deterioration of the injection system's ability to properly regulate injection causes the system to be unable to achieve regeneration of the PM filter. (8.2.7) Feedback Control: Except as provided for in section (e)(8.2.8), if the engine is equipped with feedback control of the PM filter regeneration (e.g., feedback control of oxidation catalyst inlet temperature, PM filter inlet or outlet temperature, in-cylinder or in-exhaust fuel injection), the OBD system shall detect a malfunction: (A) If the system fails to begin feedback control within a manufacturer specified time interval; (B) If a failure or deterioration causes open loop or default operation; or (C) If feedback control has used up all of the adjustment allowed by the manufacturer. (8.2.8) A manufacturer may request Executive Officer approval to temporarily disable monitoring for the malfunction criteria specified in section (e)(8.2.7)(C) during conditions that a manufacturer cannot robustly distinguish between a malfunctioning system and a properly operating system. The Executive Officer shall approve the disablement upon the manufacturer submitting data and/or analysis demonstrating that the control system, when operating as designed on an engine with all emission controls working properly, routinely operates during these conditions with all of the adjustment allowed by the manufacturer used up. (8.2.9) In lieu of detecting the malfunctions specified in sections (e)(8.2.7)(A) and (B) with a PM filter-specific monitor, the OBD system may monitor the individual parameters or components that are used as inputs for PM filter regeneration feedback control provided that the monitors detect all malfunctions that meet the criteria in sections (e)(8.2.7)(A) and (B). (8.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in sections (e)(8.2.1) through (8.2.7) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in sections (e)(8.2.1) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (8.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (9) Exhaust Gas Sensor Monitoring (9.1) Requirement: (9.1.1) The OBD system shall monitor all exhaust gas sensors (e.g., oxygen, air-fuel ratio, NOx) used for emission control system feedback (e.g., EGR control/feedback, SCR control/feedback, NOx adsorber control/feedback) or as a monitoring device for proper output signal, activity, response rate, and any other parameter that can affect emissions. (9.1.2) For engines equipped with heated exhaust gas sensors, the OBD system shall monitor the heater for proper performance. (9.2) Malfunction Criteria: (9.2.1) Air-Fuel Ratio Sensors: (A) For sensors located upstream of the aftertreatment: (i) Sensor performance faults: The OBD system shall detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine's NMHC, CO, or NOx emissions to exceed 2.0 times any of the applicable standards or the engine's PM emissions to exceed any of the applicable standards plus 0.02 g/bhp-hr. (ii) Circuit faults: The OBD system shall detect malfunctions of the sensor caused by either a lack of circuit continuity or out-of-range values. (iii) Feedback faults: The OBD system shall detect a malfunction of the sensor when a sensor failure or deterioration causes an emission control system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor as a feedback input (e.g., causes default or open-loop operation). (iv) Monitoring capability: To the extent feasible, the OBD system shall detect a malfunction of the sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or NOx adsorber monitoring). (B) For sensors located downstream of the aftertreatment: (i) Sensor performance faults: a. For 2010 through 2012 model year engines, the OBD system shall detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine's NMHC emissions to exceed 2.5 times any of the applicable standards, cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.3 g/bhp-hr (e.g., cause emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP or SET), or cause an engine's PM emissions to exceed (whichever is higher): 0.05 g/bhp-hr as measured from an applicable cycle emission test (i.e., FTP or SET); or any of the applicable standards by more than 0.04 g/bhp-hr (e.g., cause emissions to exceed 0.05 g/bhp-hr if the emission standard is 0.01 g/bhp-hr). b. For 2013 and subsequent model year engines, the OBD system shall detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine's NMHC emissions to exceed 2.0 times any of the applicable standards, cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.2 g/bhp-hr (e.g., cause emissions to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP or SET), or cause an engine's PM emissions to exceed (whichever is higher): 0.03 g/bhp-hr as measured from an applicable cycle emission test (i.e., FTP or SET); or any of the applicable standards by more than 0.02 g/bhp-hr (e.g., cause emissions to exceed 0.03 g/bhp-hr if the emission standard is 0.01 g/bhp-hr). (ii) Circuit faults: The OBD system shall detect malfunctions of the sensor caused by either a lack of circuit continuity or out-of-range values. (iii) Feedback faults: The OBD system shall detect a malfunction of the sensor when a sensor failure or deterioration causes an emission control system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor as a feedback input (e.g., causes default or open-loop operation). (iv) Monitoring capability: To the extent feasible, the OBD system shall detect a malfunction of the sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or NOx adsorber monitoring). (9.2.2) NOx sensors: (A) Sensor performance faults: (i) For 2010 through 2012 model year engines, the OBD system shall detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.3 g/bhp-hr (e.g., cause emissions to exceed 0.5 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP or SET), or cause an engine's PM emissions to exceed (whichever is higher): 0.05 g/bhp-hr as measured from an applicable cycle emission test (i.e., FTP or SET); or any of the applicable standards by more than 0.04 g/bhp-hr (e.g., cause emissions to exceed 0.05 g/bhp-hr if the emission standard is 0.01 g/bhp-hr). (ii) For 2013 and subsequent model year engines, the OBD system shall detect a malfunction prior to any failure or deterioration of the sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine's NOx emissions to exceed any of the applicable standards by more than 0.2 g/bhp-hr (e.g., cause emissions to exceed 0.4 g/bhp-hr if the emission standard is 0.2 g/bhp-hr) as measured from an applicable cycle emission test (i.e., FTP or SET), or cause an engine's PM emissions to exceed (whichever is higher): 0.03 g/bhp-hr as measured from an applicable cycle emission test (i.e., FTP or SET); or any of the applicable standards by more than 0.02 g/bhp-hr (e.g., cause emissions to exceed 0.03 g/bhp-hr if the emission standard is 0.01 g/bhp-hr). (B) Circuit faults: The OBD system shall detect malfunctions of the sensor caused by either a lack of circuit continuity or out-of-range values. (C) Feedback faults: The OBD system shall detect a malfunction of the sensor when a sensor failure or deterioration causes an emission control system (e.g., EGR, SCR, or NOx adsorber) to stop using that sensor as a feedback input (e.g., causes default or open-loop operation). (D) Monitoring capability: To the extent feasible, the OBD system shall detect a malfunction of the sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst, EGR, SCR, or NOx adsorber monitoring). (9.2.3) Other exhaust gas sensors: (A) For other exhaust gas sensors, the manufacturer shall submit a monitoring plan to the Executive Officer for approval. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and an engineering evaluation that demonstrate that the monitoring plan is as reliable and effective as the monitoring plan required for air-fuel ratio sensors and NOx sensors under sections (e)(9.2.1) and (e)(9.2.2). (9.2.4) Sensor Heaters: (A) The OBD system shall detect a malfunction of the heater performance when the current or voltage drop in the heater circuit is no longer within the manufacturer's specified limits for normal operation (i.e., within the criteria required to be met by the component vendor for heater circuit performance at high mileage). Subject to Executive Officer approval, other malfunction criteria for heater performance malfunctions may be used upon the Executive Officer determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate the monitoring reliability and timeliness to be equivalent to the stated criteria in section (e)(9.2.4)(A). (B) The OBD system shall detect malfunctions of the heater circuit including open or short circuits that conflict with the commanded state of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground)). (9.3) Monitoring Conditions: (9.3.1) Exhaust Gas Sensors (A) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (e)(9.2.1)(A)(i), (9.2.1)(B)(i), and (9.2.2)(A) (e.g., sensor performance faults) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in sections (e)(9.2.1)(A)(i), (9.2.1)(B)(i), and (9.2.2)(A) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (B) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (9.2.1)(A)(iv), (9.2.1)(B)(iv), and (9.2.2)(D) (e.g., monitoring capability) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements) with the exception that monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). (C) Except as provided in section (e)(9.3.1)(D), monitoring for malfunctions identified in sections (e)(9.2.1)(A)(ii), (9.2.1)(A)(iii), (9.2.1)(B)(ii), (9.2.1)(B)(iii), (9.2.2)(B), and (9.2.2)(C) (i.e., circuit continuity, and open-loop malfunctions) shall be conducted continuously. (D) A manufacturer may request Executive Officer approval to disable continuous exhaust gas sensor monitoring when an exhaust gas sensor malfunction cannot be distinguished from other effects (e.g., disable out-of-range low monitoring during fuel cut conditions). The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection. (9.3.2) Sensor Heaters (A) Manufacturers shall define monitoring conditions for malfunctions identified in section (e)(9.2.4)(A) (i.e., sensor heater performance) in accordance sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (B) Monitoring for malfunctions identified in section (e)(9.2.4)(B) (i.e., circuit malfunctions) shall be conducted continuously. (9.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (10) Variable Valve Timing and/or Control (VVT) System Monitoring (10.1) Requirement: The OBD system shall monitor the VVT system on engines so-equipped for target error and slow response malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the VVT system shall be monitored in accordance with the comprehensive components requirements in section (g)(3). (10.2) Malfunction Criteria: (10.2.1) Target Error: The OBD system shall detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a crank angle and/or lift tolerance that would cause an engine's NHMC, NOx, or CO emissions to exceed 2.0 times any of the applicable standards or an engine's PM emissions to exceed a threshold of the applicable standard plus 0.02 g/bhp-hr. (10.2.2) Slow Response: The OBD system shall detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a manufacturer-specified time that would cause an engine's NHMC, NOx, or CO emissions to exceed 2.0 times any of the applicable standards or an engine's PM emissions to exceed a threshold of the applicable standard plus 0.02 g/bhp-hr. (10.2.3) For engines in which no failure or deterioration of the VVT system could result in an engine's emissions exceeding the thresholds of sections (e)(10.2.1) or (10.2.2), the OBD system shall detect a malfunction of the VVT system when proper functional response of the system to computer commands does not occur. (10.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for VVT system malfunctions identified in section (e)(10.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (e)(10.2) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (10.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (f) Monitoring Requirements for Gasoline/Spark-Ignited Engines (1) Fuel System Monitoring (1.1) Requirement: The OBD system shall monitor the fuel delivery system to determine its ability to provide compliance with emission standards. (1.2) Malfunction Criteria: (1.2.1) The OBD system shall detect a malfunction of the fuel delivery system (including feedback control based on a secondary oxygen sensor) when the fuel delivery system is unable to maintain an engine's emissions at or below 1.5 times the applicable standards. (1.2.2) Except as provided for in section (f)(1.2.3) below, if the engine is equipped with adaptive feedback control, the OBD system shall detect a malfunction when the adaptive feedback control has used up all of the adjustment allowed by the manufacturer. (1.2.3) If the engine is equipped with feedback control that is based on a secondary oxygen (or equivalent) sensor, the OBD system is not required to detect a malfunction of the fuel system solely when the feedback control based on a secondary oxygen sensor has used up all of the adjustment allowed by the manufacturer. However, if a failure or deterioration results in engine emissions that exceed the malfunction criteria in section (f)(1.2.1), the OBD system is required to detect a malfunction. (1.2.4) The OBD system shall detect a malfunction whenever the fuel control system fails to enter closed-loop operation within an Executive Officer-approved time interval after engine start. Executive Officer approval of the time interval shall be granted upon determining that the data and/or engineering evaluation submitted by the manufacturer supports the specified times. (1.2.5) Manufacturers may adjust the malfunction criteria and/or monitoring conditions to compensate for changes in altitude, for temporary introduction of large amounts of purge vapor, or for other similar identifiable operating conditions when they occur. (1.3) Monitoring Conditions: The fuel system shall be monitored continuously for the presence of a malfunction. (1.4) MIL Illumination and Fault Code Storage: (1.4.1) A pending fault code shall be stored immediately upon the fuel system exceeding the malfunction criteria established pursuant to section (f)(1.2). (1.4.2) Except as provided below, if a pending fault code is stored, the OBD system shall immediately illuminate the MIL and store a confirmed fault code if a malfunction is again detected during either of the following two events: (a) the driving cycle immediately following the storage of the pending fault code, regardless of the conditions encountered during the driving cycle; or (b) on the next driving cycle in which similar conditions (see section (c)) to those that occurred when the pending fault code was stored are encountered. (1.4.3) The pending fault code may be erased at the end of the next driving cycle in which similar conditions have been encountered without an exceedance of the specified fuel system malfunction criteria. The pending code may also be erased if similar conditions are not encountered during the 80 driving cycles immediately after the initial detection of a malfunction for which the pending code was set. (1.4.4) Storage of freeze frame conditions. (A) The OBD system shall store and erase freeze frame conditions either in conjunction with storing and erasing a pending fault code or in conjunction with storing and erasing a confirmed fault code. (B) If freeze frame conditions are stored for a malfunction other than a misfire (see section (f)(2)) or fuel system malfunction when a fault code is stored as specified in section (f)(1.4) above, the stored freeze frame information shall be replaced with freeze frame information regarding the fuel system malfunction. (1.4.5) Storage of fuel system conditions for determining similar conditions of operation. Upon detection of a fuel system malfunction under section (f)(1.2), the OBD system shall store the engine speed, load, and warm-up status of the first fuel system malfunction that resulted in the storage of the pending fault code. (1.4.6) Extinguishing the MIL. The MIL may be extinguished after three sequential driving cycles in which similar conditions have been encountered without a malfunction of the fuel system. (2) Misfire Monitoring (2.1) Requirement: (2.1.1) The OBD system shall monitor the engine for misfire causing catalyst damage and misfire causing excess emissions. (2.1.2) The OBD system shall identify the specific cylinder that is experiencing misfire. Manufacturers may request Executive Officer approval to store a general misfire fault code instead of a cylinder specific fault code under certain operating conditions. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that the misfiring cylinder cannot be reliably identified when the conditions occur. (2.1.3) If more than one cylinder is misfiring, a separate fault code shall be stored indicating that multiple cylinders are misfiring except as allowed below. When identifying multiple cylinder misfire, the OBD system is not required to also identify each of the misfiring cylinders individually through separate fault codes. If more than 90 percent of the detected misfires occur in a single cylinder, the OBD system may elect to store the appropriate fault code indicating the specific misfiring cylinder in lieu of the multiple cylinder misfire fault code. If, however, two or more cylinders individually have more than 10 percent of the total number of detected misfires, a multiple cylinder fault code must be stored. (2.2) Malfunction Criteria: The OBD system shall detect a misfire malfunction pursuant to the following: (2.2.1) Misfire causing catalyst damage: (A) Manufacturers shall determine the percentage of misfire evaluated in 200 revolution increments for each engine speed and load condition that would result in a temperature that causes catalyst damage. The manufacturer shall submit documentation to support this percentage of misfire as required in section (j)(2.5). For every engine speed and load condition that this percentage of misfire is determined to be lower than five percent, the manufacturer may set the malfunction criteria at five percent. (B) Subject to Executive Officer approval, a manufacturer may employ a longer interval than 200 revolutions but only for determining, on a given driving cycle, the first misfire exceedance as provided in section (f)(2.4.1)(A) below. Executive Officer approval shall be granted upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that catalyst damage would not occur due to unacceptably high catalyst temperatures before the interval has elapsed. (C) A misfire malfunction shall be detected if the percentage of misfire established in section (f)(2.2.1)(A) is exceeded. (D) For purposes of establishing the temperature at which catalyst damage occurs as required in section (f)(2.2.1)(A), manufacturers may not define catalyst damage at a temperature more severe than what the catalyst system could be operated at for 10 consecutive hours and still meet the applicable standards. (2.2.2) Misfire causing emissions to exceed 1.5 times the applicable standards: (A) Manufacturers shall determine the percentage of misfire evaluated in 1000 revolution increments that would cause emissions from an emission durability demonstration engine to exceed 1.5 times any of the applicable standards if the percentage of misfire were present from the beginning of the test. To establish this percentage of misfire, the manufacturer shall utilize misfire events occurring at equally spaced, complete engine cycle intervals, across randomly selected cylinders throughout each 1000-revolution increment. If this percentage of misfire is determined to be lower than one percent, the manufacturer may set the malfunction criteria at one percent. (B) Subject to Executive Officer approval, a manufacturer may employ other revolution increments. The Executive Officer shall grant approval upon determining that the manufacturer has demonstrated that the strategy would be equally effective and timely in detecting misfire. (C) A malfunction shall be detected if the percentage of misfire established in section (f)(2.2.2)(A) is exceeded regardless of the pattern of misfire events (e.g., random, equally spaced, continuous). (2.3) Monitoring Conditions: (2.3.1) The OBD system shall continuously monitor for misfire under the following conditions: (A) From no later than the end of the second crankshaft revolution after engine start, (B) During the rise time and settling time for engine speed to reach the desired idle engine speed at engine start-up (i.e., "flare-up" and "flare-down"), and (C) Under all positive torque engine speeds and load conditions except within the following range: the engine operating region bound by the positive torque line (i.e., engine load with the transmission in neutral), and the two following engine operating points: an engine speed of 3000 rpm with the engine load at the positive torque line, and the redline engine speed (defined in section (c)) with the engine's manifold vacuum at four inches of mercury lower than that at the positive torque line. (2.3.2) If a monitoring system cannot detect all misfire patterns under all required engine speed and load conditions as required in section (f)(2.3.1) above, the manufacturer may request Executive Officer approval to accept the monitoring system. In evaluating the manufacturer's request, the Executive Officer shall consider the following factors: the magnitude of the region(s) in which misfire detection is limited, the degree to which misfire detection is limited in the region(s) (i.e., the probability of detection of misfire events), the frequency with which said region(s) are expected to be encountered in-use, the type of misfire patterns for which misfire detection is troublesome, and demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under required conditions (i.e., compliance can be achieved on other engines). The evaluation shall be based on the following misfire patterns: equally spaced misfire occurring on randomly selected cylinders, single cylinder continuous misfire, and paired cylinder (cylinders firing at the same crank angle) continuous misfire. (2.3.3) A manufacturer may request Executive Officer approval of a monitoring system that has reduced misfire detection capability during the portion of the first 1000 revolutions after engine start that a cold start emission reduction strategy that reduces engine torque (e.g., spark retard strategies) is active. The Executive Officer shall approve the request upon determining that the manufacturer has demonstrated that the probability of detection is greater than or equal to 75 percent during the worst case condition (i.e., lowest generated torque) for a vehicle operated continuously at idle (park/neutral idle) on a cold start between 50 and 86 degrees Fahrenheit and that the technology cannot reliably detect a higher percentage of the misfire events during the conditions. (2.3.4) A manufacturer may request Executive Officer approval to disable misfire monitoring or employ an alternate malfunction criterion when misfire cannot be distinguished from other effects. (A) Upon determining that the manufacturer has presented documentation that demonstrates the disablement interval or period of use of an alternate malfunction criterion is limited only to that necessary for avoiding false detection, the Executive Officer shall approve the disablement or use of the alternate malfunction criterion for conditions involving: (i) rough road, (ii) fuel cut, (iii) gear changes for manual transmission vehicles, (iv) traction control or other vehicle stability control activation such as anti-lock braking or other engine torque modifications to enhance vehicle stability, (v) off-board control or intrusive activation of vehicle components or diagnostics during service or assembly plant testing, (vi) portions of intrusive evaporative system or EGR diagnostics that can significantly affect engine stability (i.e., while the purge valve is open during the vacuum pull-down of a evaporative system leak check but not while the purge valve is closed and the evaporative system is sealed or while an EGR diagnostic causes the EGR valve to be intrusively cycled on and off during positive torque conditions), or (vii) engine speed, load, or torque transients due to throttle movements more rapid than occurs over the FTP cycle for the worst case engine within each engine family. (B) Additionally, the Executive Officer will approve a manufacturer's request in accordance with sections (g)(5.3), (g)(5.4), and (g)(5.6) to disable misfire monitoring when the fuel level is 15 percent or less of the nominal capacity of the fuel tank, when PTO units are active, or while engine coolant temperature is below 20 degrees Fahrenheit. The Executive Officer will approve a request to continue disablement on engine starts when engine coolant temperature is below 20 degrees Fahrenheit at engine start until engine coolant temperature exceeds 70 degrees Fahrenheit. (C) In general, the Executive Officer shall not approve disablement for conditions involving normal air conditioning compressor cycling from on-to-off or off-to-on, automatic transmission gear shifts (except for shifts occurring during wide open throttle operation), transitions from idle to off-idle, normal engine speed or load changes that occur during the engine speed rise time and settling time (i.e., "flare-up" and "flare-down") immediately after engine starting without any vehicle operator-induced actions (e.g., throttle stabs), or excess acceleration (except for acceleration rates that exceed the maximum acceleration rate obtainable at wide open throttle while the vehicle is in gear due to abnormal conditions such as slipping of a clutch). (D) The Executive Officer may approve misfire monitoring disablement or use of an alternate malfunction criterion for any other condition on a case by case basis upon determining that the manufacturer has demonstrated that the request is based on an unusual or unforeseen circumstance and that it is applying the best available computer and monitoring technology. (2.3.5) For engines with more than eight cylinders that cannot meet the requirements of section (f)(2.3.1), a manufacturer may request Executive Officer approval to use alternative misfire monitoring conditions. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that misfire detection throughout the required operating region cannot be achieved when employing proven monitoring technology (i.e., a technology that provides for compliance with these requirements on other engines) and provided misfire is detected to the fullest extent permitted by the technology. However, the Executive Officer may not grant the request if the misfire detection system is unable to monitor during all positive torque operating conditions encountered during an FTP cycle. (2.4) MIL Illumination and Fault Code Storage: (2.4.1) Misfire causing catalyst damage. Upon detection of the percentage of misfire specified in section (f)(2.2.1) above, the following criteria shall apply for MIL illumination and fault code storage: (A) Pending fault codes (i) A pending fault code shall be stored immediately if, during a single driving cycle, the specified percentage of misfire is exceeded three times when operating in the positive torque region encountered during an FTP cycle or is exceeded on a single occasion when operating at any other engine speed and load condition in the positive torque region defined in section (f)(2.3.1). (ii) Immediately after a pending fault code is stored as specified in section (f)(2.4.1)(A)(i) above, the MIL shall blink once per second at all times while misfire is occurring during the driving cycle. a. The MIL may be extinguished during those times when misfire is not occurring during the driving cycle. b. If, at the time a misfire malfunction occurs, the MIL is already illuminated for a malfunction other than misfire, the MIL shall blink as previously specified in section (f)(2.4.1)(A)(ii) while misfire is occurring. If misfiring ceases, the MIL shall stop blinking but remain illuminated as required by the other malfunction. (B) Confirmed fault codes (i) If a pending fault code for exceeding the percentage of misfire set forth in section (f)(2.2.1) is stored, the OBD system shall immediately store a confirmed fault code if the percentage of misfire specified in section (f)(2.2.1) is again exceeded one or more times during either: (a) the driving cycle immediately following the storage of the pending fault code, regardless of the conditions encountered during the driving cycle; or (b) on the next driving cycle in which similar conditions (see section (c)) to the engine conditions that occurred when the pending fault code was stored are encountered. (ii) If a pending fault code for exceeding the percentage of misfire set forth in section (f)(2.2.2) is stored from a previous driving cycle, the OBD system shall immediately store a confirmed fault code if the percentage of misfire specified in section (f)(2.2.1) is exceeded one or more times regardless of the conditions encountered. (iii) Upon storage of a confirmed fault code, the MIL shall blink as specified in subparagraph (f)(2.4.1)(A)(ii) above as long as misfire is occurring and the MIL shall remain continuously illuminated if the misfiring ceases. (C) Erasure of pending fault codes Pending fault codes shall be erased at the end of the next driving cycle in which similar conditions to the engine conditions that occurred when the pending fault code was stored have been encountered without any exceedance of the specified percentage of misfire. The pending code may also be erased if similar driving conditions are not encountered during the next 80 driving cycles subsequent to the initial detection of a malfunction. (D) Exemptions for engines with fuel shutoff and default fuel control. Notwithstanding sections (f)(2.4.1)(A) and (B) above, in engines that provide for fuel shutoff and default fuel control to prevent over fueling during catalyst damage misfire conditions, the MIL is not required to blink. Instead, the MIL may illuminate continuously in accordance with the requirements for continuous MIL illumination in sections (f)(2.4.1)(B)(iii) above upon detection of misfire, provided that the fuel shutoff and default control are activated as soon as misfire is detected. Fuel shutoff and default fuel control may be deactivated only to permit fueling outside of the misfire range. Manufacturers may also periodically, but not more than once every 30 seconds, deactivate fuel shutoff and default fuel control to determine if the specified catalyst damage percentage of misfire is still being exceeded. Normal fueling and fuel control may be resumed if the specified catalyst damage percentage of misfire is no longer being exceeded. (E) Manufacturers may request Executive Officer approval of strategies that continuously illuminate the MIL in lieu of blinking the MIL during extreme catalyst damage misfire conditions (i.e., catalyst damage misfire occurring at all engine speeds and loads). Executive Officer approval shall be granted upon determining that the manufacturer employs the strategy only when catalyst damage misfire levels cannot be avoided during reasonable driving conditions and the manufacturer has demonstrated that the strategy will encourage operation of the vehicle in conditions that will minimize catalyst damage (e.g., at low engine speeds and loads). (2.4.2) Misfire causing emissions to exceed 1.5 times the FTP standards. Upon detection of the percentage of misfire specified in section (f)(2.2.2), the following criteria shall apply for MIL illumination and fault code storage: (A) Misfire within the first 1000 revolutions after engine start. (i) A pending fault code shall be stored no later than after the first exceedance of the specified percentage of misfire during a single driving cycle if the exceedance occurs within the first 1000 revolutions after engine start (defined in section (c)) during which misfire detection is active. (ii) If a pending fault code is stored, the OBD system shall illuminate the MIL and store a confirmed fault code within 10 seconds if an exceedance of the specified percentage of misfire is again detected in the first 1000 revolutions during any subsequent driving cycle, regardless of the conditions encountered during the driving cycle. (iii) The pending fault code shall be erased at the end of the next driving cycle in which similar conditions to the engine conditions that occurred when the pending fault code was stored have been encountered without an exceedance of the specified percentage of misfire. The pending code may also be erased if similar conditions are not encountered during the next 80 driving cycles immediately following the initial detection of the malfunction. (B) Exceedances after the first 1000 revolutions after engine start. (i) A pending fault code shall be stored no later than after the fourth exceedance of the percentage of misfire specified in section (f)(2.2.2) during a single driving cycle. (ii) If a pending fault code is stored, the OBD system shall illuminate the MIL and store a confirmed fault code within 10 seconds if the percentage of misfire specified in section (f)(2.2.2) is again exceeded four times during: (a) the driving cycle immediately following the storage of the pending fault code, regardless of the conditions encountered during the driving cycle; or (b) on the next driving cycle in which similar conditions (see section (c)) to the engine conditions that occurred when the pending fault code was stored are encountered. (iii) The pending fault code may be erased at the end of the next driving cycle in which similar conditions to the engine conditions that occurred when the pending fault code was stored have been encountered without an exceedance of the specified percentage of misfire. The pending code may also be erased if similar conditions are not encountered during the next 80 driving cycles immediately following initial detection of the malfunction. (2.4.3) Storage of freeze frame conditions. (A) The OBD system shall store and erase freeze frame conditions either in conjunction with storing and erasing a pending fault code or in conjunction with storing and erasing a confirmed fault code. (B) If freeze frame conditions are stored for a malfunction other than a misfire or fuel system malfunction (see section (f)(1)) when a fault code is stored as specified in section (f)(2.4) above, the stored freeze frame information shall be replaced with freeze frame information regarding the misfire malfunction. (2.4.4) Storage of misfire conditions for similar conditions determination. Upon detection of misfire under sections (f)(2.4.1) or (2.4.2), the OBD system shall store the following engine conditions: engine speed, load, and warm-up status of the first misfire event that resulted in the storage of the pending fault code. (2.4.5) Extinguishing the MIL. The MIL may be extinguished after three sequential driving cycles in which similar conditions have been encountered without an exceedance of the specified percentage of misfire. (3) Exhaust Gas Recirculation (EGR) System Monitoring (3.1) Requirement: The OBD system shall monitor the EGR system on engines so-equipped for low and high flow rate malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the EGR system shall be monitored in accordance with the comprehensive component requirements in section (g)(3). (3.2) Malfunction Criteria: (3.2.1) The OBD system shall detect a malfunction of the EGR system prior to a decrease from the manufacturer's specified EGR flow rate that would cause an engine's emissions to exceed 1.5 times any of the applicable standards. For engines in which no failure or deterioration of the EGR system that causes a decrease in flow could result in an engine's emissions exceeding 1.5 times any of the applicable standards, the OBD system shall detect a malfunction when the system has no detectable amount of EGR flow. (3.2.2) The OBD system shall detect a malfunction of the EGR system prior to an increase from the manufacturer's specified EGR flow rate that would cause an engine's emissions to exceed 1.5 times any of the applicable standards. For engines in which no failure or deterioration of the EGR system that causes an increase in flow could result in an engine's emissions exceeding 1.5 times any of the applicable standards, the OBD system shall detect a malfunction when the system has reached its control limits such that it cannot reduce EGR flow. (3.3) Monitoring Conditions: (3.3.1) Manufacturers shall define the monitoring conditions for malfunctions identified in section (f)(3.2) (i.e., flow rate) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (f)(3.2) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (3.3.2) Manufacturers may request Executive Officer approval to temporarily disable the EGR system check under conditions when monitoring may not be reliable (e.g., when freezing may affect performance of the system). The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation which demonstrate that a reliable check cannot be made when these conditions exist. (3.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (4) Cold Start Emission Reduction Strategy Monitoring (4.1) Requirement: If an engine incorporates a specific engine control strategy to reduce cold start emissions, the OBD system shall monitor the key components (e.g., idle air control valve), other than secondary air, while the control strategy is active to ensure proper operation of the control strategy. Secondary air systems shall be monitored under the provisions of section (f)(5). (4.2) Malfunction Criteria: (4.2.1) The OBD system shall detect a malfunction prior to any failure or deterioration of the individual components associated with the cold start emission reduction control strategy that would cause an engine's emissions to exceed 1.5 times the applicable standards. Manufacturers shall: (A) Establish the malfunction criteria based on data from one or more representative engine(s). (B) Provide an engineering evaluation for establishing the malfunction criteria for the remainder of the manufacturer's product line. The Executive Officer shall waive the evaluation requirement each year if, in the judgment of the Executive Officer, technological changes do not affect the previously determined malfunction criteria. (4.2.2) For components where no failure or deterioration of the component used for the cold start emission reduction strategy could result in an engine's emissions exceeding 1.5 times the applicable standards, the individual component shall be monitored for proper functional response in accordance with the malfunction criteria in section (g)(3.2) while the control strategy is active. (4.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (f)(4.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (4.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (5) Secondary Air System Monitoring (5.1) Requirement: (5.1.1) The OBD system on engines equipped with any form of secondary air delivery system shall monitor the proper functioning of the secondary air delivery system including all air switching valve(s). The individual electronic components (e.g., actuators, valves, sensors) in the secondary air system shall be monitored in accordance with the comprehensive component requirements in section (g)(3). (5.1.2) For purposes of section (f)(5), "air flow" is defined as the air flow delivered by the secondary air system to the exhaust system. For engines using secondary air systems with multiple air flow paths/distribution points, the air flow to each bank (i.e., a group of cylinders that share a common exhaust manifold, catalyst, and control sensor) shall be monitored in accordance with the malfunction criteria in section (f)(5.2). (5.1.3) For purposes of section (f)(5), "normal operation" is defined as the condition when the secondary air system is activated during catalyst and/or engine warm-up following engine start. "Normal operation" does not include the condition when the secondary air system is intrusively turned on solely for the purpose of monitoring. (5.2) Malfunction Criteria: (5.2.1) Except as provided in section (f)(5.2.3), the OBD system shall detect a secondary air system malfunction prior to a decrease from the manufacturer's specified air flow during normal operation that would cause an engine's emissions to exceed 1.5 times any of the applicable standards. (5.2.2) Except as provided in section (f)(5.2.3), the OBD system shall detect a secondary air system malfunction prior to an increase from the manufacturer's specified air flow during normal operation that would cause an engine's emissions to exceed 1.5 times any of the applicable standards. (5.2.3) For engines in which no deterioration or failure of the secondary air system would result in an engine's emissions exceeding 1.5 times any of the applicable standards, the OBD system shall detect a malfunction when no detectable amount of air flow is delivered during normal operation of the secondary air system. (5.3) Monitoring Conditions: (5.3.1) Manufacturers shall define the monitoring conditions in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (f)(5.2) during normal operation of the secondary air system shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (5.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (6) Catalyst Monitoring (6.1) Requirement: The OBD system shall monitor the catalyst system for proper conversion capability. (6.2) Malfunction Criteria: (6.2.1) The OBD system shall detect a catalyst system malfunction when the catalyst system's conversion capability decreases to the point that any of the following occurs: (A) Non-Methane Hydrocarbon (NMHC) emissions exceed 1.75 times the applicable standards to which the engine has been certified. (B) The average FTP test NMHC conversion efficiency of the monitored portion of the catalyst system falls below 50 percent (i.e., the cumulative NMHC emissions measured at the outlet of the monitored catalyst(s) are more than 50 percent of the cumulative engine-out emissions measured at the inlet of the catalyst(s)). With Executive Officer approval, manufacturers may use a conversion efficiency malfunction criteria of less than 50 percent if the catalyst system is designed such that the monitored portion of the catalyst system must be replaced along with an adjacent portion of the catalyst system sufficient to ensure that the total portion replaced will meet the 50 percent conversion efficiency criteria. Executive Officer approval shall be based on data and/or engineering evaluation demonstrating the conversion efficiency of the monitored portion and the total portion designed to be replaced, and the likelihood of the catalyst system design to ensure replacement of the monitored and adjacent portions of the catalyst system. (C) Oxides of nitrogen (NOx) emissions exceed 1.75 times the applicable NOx standard to which the engine has been certified. (6.2.2) For purposes of determining the catalyst system malfunction criteria in section (f)(6.2.1): (A) The manufacturer shall use a catalyst system deteriorated to the malfunction criteria using methods established by the manufacturer to represent real world catalyst deterioration under normal and malfunctioning operating conditions. (B) Except as provided below in section (f)(6.2.2)(C), the malfunction criteria shall be established by using a catalyst system with all monitored and unmonitored (downstream of the sensor utilized for catalyst monitoring) catalysts simultaneously deteriorated to the malfunction criteria. (C) For engines using fuel shutoff to prevent over-fueling during misfire conditions (see section (f)(2.4.1)(D)), the malfunction criteria shall be established by using a catalyst system with all monitored catalysts simultaneously deteriorated to the malfunction criteria while unmonitored catalysts shall be deteriorated to the end of the engine's useful life. (6.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (f)(6.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (f)(6.2) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (6.4) MIL Illumination and Fault Code Storage: (6.4.1) General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (6.4.2) The monitoring method for the catalyst(s) shall be capable of detecting when a catalyst fault code has been cleared (except OBD system self-clearing), but the catalyst has not been replaced (e.g., catalyst overtemperature histogram approaches are not acceptable). (7) Evaporative System Monitoring (7.1) Requirement: The OBD system shall verify purge flow from the evaporative system and shall monitor the complete evaporative system, excluding the tubing and connections between the purge valve and the intake manifold, for vapor leaks to the atmosphere. Individual components of the evaporative system (e.g. valves, sensors) shall be monitored in accordance with the comprehensive components requirements in section (g)(3) (e.g., for circuit continuity, out of range values, rationality, proper functional response). (7.2) Malfunction Criteria: (7.2.1) For purposes of section (f)(7), an "orifice" is defined as an O'Keefe Controls Co. precision metal "Type B" orifice with NPT connections with a diameter of the specified dimension (e.g., part number B-31-SS for a stainless steel 0.031 inch diameter orifice). (7.2.2) The OBD system shall detect an evaporative system malfunction when any of the following conditions exist: (A) No purge flow from the evaporative system to the engine can be detected by the OBD system; or (B) The complete evaporative system contains a leak or leaks that cumulatively are greater than or equal to a leak caused by a 0.150 inch diameter orifice. (7.2.3) A manufacturer may request the Executive Officer to revise the orifice size in section (f)(7.2.2)(B) if the most reliable monitoring method available cannot reliably detect a system leak of the magnitudes specified. The Executive Officer shall approve the request upon determining that the manufacturer has provided data and/or engineering analysis that demonstrate the need for the request. (7.2.4) Upon request by the manufacturer and upon determining that the manufacturer has submitted data and/or engineering evaluation which support the request, the Executive Officer shall revise the orifice size in section (f)(7.2.2)(B) upward to exclude detection of leaks that cannot cause evaporative or running loss emissions to exceed 1.5 times the applicable evaporative emission standards. (7.3) Monitoring Conditions: (7.3.1) Manufacturers shall define the monitoring conditions for malfunctions identified in section (f)(7.2.2)(A) (i.e., purge flow) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (7.3.2) Manufacturers shall define the monitoring conditions for malfunctions identified in section (f)(7.2.2)(B) (i.e., 0.150 inch leak detection) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (f)(7.2.2)(B) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (7.3.3) Manufacturers may disable or abort an evaporative system monitor when the fuel tank level is over 85 percent of nominal tank capacity or during a refueling event. (7.3.4) Manufacturers may request Executive Officer approval to execute the evaporative system monitor only on driving cycles determined by the manufacturer to be cold starts if the condition is needed to ensure reliable monitoring. The Executive Officer shall approve the request upon determining that data and/or an engineering evaluation submitted by the manufacturer demonstrate that a reliable check can only be made on driving cycles when the cold start criteria are satisfied. However, in making a decision, the Executive Officer will not approve conditions that exclude engine starts from being considered as cold starts solely on the basis that ambient temperature exceeds (i.e., indicates a higher temperature than) engine coolant temperature at engine start. (7.3.5) Manufacturers may temporarily disable the evaporative purge system to perform an evaporative system leak check. (7.4) MIL Illumination and Fault Code Storage: (7.4.1) Except as provided below for fuel cap leaks, general requirements for MIL illumination and fault code storage are set forth in section (d)(2). (7.4.2) If the OBD system is capable of discerning that a system leak is being caused by a missing or improperly secured fuel cap: (A) The manufacturer is not required to illuminate the MIL or store a fault code if the vehicle is equipped with an alternative indicator for notifying the vehicle operator of the malfunction. The alternative indicator shall be of sufficient illumination and location to be readily visible under all lighting conditions. (B) If the vehicle is not equipped with an alternative indicator and the MIL illuminates, the MIL may be extinguished and the corresponding fault codes erased once the OBD system has verified that the fuel cap has been securely fastened and the MIL has not been illuminated for any other type of malfunction. (C) The Executive Officer may approve other strategies that provide equivalent assurance that a vehicle operator will be promptly notified of a missing or improperly secured fuel cap and that corrective action will be undertaken. (8) Exhaust Gas Sensor Monitoring (8.1) Requirement: (8.1.1) The OBD system shall monitor the output signal, response rate, and any other parameter which can affect emissions of all primary (fuel control) exhaust gas sensors (e.g., oxygen, wide-range air/fuel) for malfunction. Both the lean-to-rich and rich-to-lean response rates shall be monitored. (8.1.2) The OBD system shall also monitor all secondary exhaust gas sensors (those used for secondary fuel trim control or as a monitoring device) for proper output signal, activity, and response rate. (8.1.3) For engines equipped with heated exhaust gas sensors, the OBD system shall monitor the heater for proper performance. (8.2) Malfunction Criteria: (8.2.1) Primary Sensors: (A) The OBD system shall detect a malfunction prior to any failure or deterioration of the exhaust gas sensor output voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) (including drift or bias corrected for by secondary sensors) that would cause an engine's emissions to exceed 1.5 times any of the applicable standards. (B) The OBD system shall detect malfunctions of the exhaust gas sensor caused by either a lack of circuit continuity or out-of-range values. (C) The OBD system shall detect a malfunction of the exhaust gas sensor when a sensor failure or deterioration causes the fuel system to stop using that sensor as a feedback input (e.g., causes default or open-loop operation). (D) The OBD system shall detect a malfunction of the exhaust gas sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst monitoring). (8.2.2) Secondary Sensors: (A) The OBD system shall detect a malfunction prior to any failure or deterioration of the exhaust gas sensor voltage, resistance, impedance, current, response rate, amplitude, offset, or other characteristic(s) that would cause an engine's emissions to exceed 1.5 times any of the applicable standards. (B) The OBD system shall detect malfunctions of the exhaust gas sensor caused by a lack of circuit continuity. (C) To the extent feasible, the OBD system shall detect a malfunction of the exhaust gas sensor when the sensor output voltage, resistance, impedance, current, amplitude, activity, offset, or other characteristics are no longer sufficient for use as an OBD system monitoring device (e.g., for catalyst monitoring). (D) The OBD system shall detect malfunctions of the exhaust gas sensor caused by out-of-range values. (E) The OBD system shall detect a malfunction of the exhaust gas sensor when a sensor failure or deterioration causes the fuel system (e.g., fuel control) to stop using that sensor as a feedback input (e.g., causes default or open-loop operation). (8.2.3) Sensor Heaters: (A) The OBD system shall detect a malfunction of the heater performance when the current or voltage drop in the heater circuit is no longer within the manufacturer's specified limits for normal operation (i.e., within the criteria required to be met by the component vendor for heater circuit performance at high mileage). Subject to Executive Officer approval, other malfunction criteria for heater performance malfunctions may be used upon the Executive Officer determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate the monitoring reliability and timeliness to be equivalent to the stated criteria in section (f)(8.2.3)(A). (B) The OBD system shall detect malfunctions of the heater circuit including open or short circuits that conflict with the commanded state of the heater (e.g., shorted to 12 Volts when commanded to 0 Volts (ground)). (8.3) Monitoring Conditions: (8.3.1) Primary Sensors (A) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (f)(8.2.1)(A) and (D) (e.g., proper response rate) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in sections (f)(8.2.1)(A) and (D) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (B) Except as provided in section (f)(8.3.1)(C), monitoring for malfunctions identified in sections (f)(8.2.1)(B) and (C) (i.e., circuit continuity, out-of-range, and open-loop malfunctions) shall be conducted continuously. (C) A manufacturer may request Executive Officer approval to disable continuous exhaust gas sensor monitoring when an exhaust gas sensor malfunction cannot be distinguished from other effects (e.g., disable out-of-range low monitoring during fuel cut conditions). The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection. (8.3.2) Secondary Sensors (A) Manufacturers shall define monitoring conditions for malfunctions identified in sections (f)(8.2.2)(A), (B), and (C) (e.g., proper sensor activity) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (B) Except as provided in section (f)(8.3.2)(C), monitoring for malfunctions identified in sections (f)(8.2.2)(D) and (E) (i.e., out-of-range malfunctions) shall be conducted continuously. (C) A manufacturer may request Executive Officer approval to disable continuous exhaust gas sensor monitoring when an exhaust gas sensor malfunction cannot be distinguished from other effects (e.g., disable out-of-range low monitoring during fuel cut conditions). The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection. (8.3.3) Sensor Heaters (A) Manufacturers shall define monitoring conditions for malfunctions identified in section (f)(8.2.3)(A) (i.e., sensor heater performance) in accordance sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (B) Monitoring for malfunctions identified in section (f)(8.2.3)(B) (i.e., circuit malfunctions) shall be conducted continuously. (8.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (9) Variable Valve Timing and/or Control (VVT) System Monitoring (9.1) Requirement: The OBD system shall monitor the VVT system on engines so-equipped for target error and slow response malfunctions. The individual electronic components (e.g., actuators, valves, sensors) that are used in the VVT system shall be monitored in accordance with the comprehensive components requirements in section (g)(3). (9.2) Malfunction Criteria: (9.2.1) Target Error: The OBD system shall detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a crank angle and/or lift tolerance that would cause an engine's emissions to exceed 1.5 times any of the applicable standards. (9.2.2) Slow Response: The OBD system shall detect a malfunction prior to any failure or deterioration in the capability of the VVT system to achieve the commanded valve timing and/or control within a manufacturer-specified time that would cause an engine's emissions to exceed 1.5 times any of the applicable standards for gasoline engines. (9.2.3) For engines in which no failure or deterioration of the VVT system could result in an engine's emissions exceeding 1.5 times any of the applicable standards, the OBD system shall detect a malfunction of the VVT system when proper functional response of the system to computer commands does not occur. (9.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for VVT system malfunctions identified in section (f)(9.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). For purposes of tracking and reporting as required in section (d)(3.2.1), all monitors used to detect malfunctions identified in section (f)(9.2) shall be tracked separately but reported as a single set of values as specified in section (d)(5.2.2). (9.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (g) Monitoring Requirements For All Engines (1) Engine Cooling System Monitoring (1.1) Requirement: (1.1.1) The OBD system shall monitor the thermostat on engines so-equipped for proper operation. (1.1.2) The OBD system shall monitor the engine coolant temperature (ECT) sensor for circuit continuity, out-of-range values, and rationality faults. (1.1.3) For engines that use a system other than the cooling system and ECT sensor (e.g., oil temperature, cylinder head temperature) for an indication of engine operating temperature for emission control purposes (e.g., to modify spark or fuel injection timing or quantity), the manufacturer shall submit a monitoring plan to the Executive Officer for approval. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and an engineering evaluation that demonstrate that the monitoring plan is as reliable and effective as the monitoring required for the engine cooling system under section (g)(1). (1.2) Malfunction Criteria: (1.2.1) Thermostat (A) The OBD system shall detect a thermostat malfunction if, within an Executive Officer-approved time interval after engine start, any of the following conditions occur: (i) The coolant temperature does not reach the highest temperature required by the OBD system to enable other diagnostics; (ii) The coolant temperature does not reach a warmed-up temperature within 20 degrees Fahrenheit of the manufacturer's nominal thermostat regulating temperature. Subject to Executive Officer approval, a manufacturer may utilize lower temperatures for this criterion upon the Executive Officer determining that the manufacturer has demonstrated that the fuel, spark timing, and/or other coolant temperature-based modifications to the engine control strategies would not cause an emission increase of 50 or more percent of any of the applicable standards (e.g., 50 degree Fahrenheit emission test). (B) Executive Officer approval of the time interval after engine start shall be granted upon determining that the data and/or engineering evaluation submitted by the manufacturer supports the specified times. (C) With Executive Officer approval, a manufacturer may use alternate malfunction criteria and/or monitoring conditions (see section (g)(1.3)) that are a function of temperature at engine start on engines that do not reach the temperatures specified in the malfunction criteria when the thermostat is functioning properly. Executive Officer approval shall be granted upon determining that the manufacturer has submitted data that demonstrate that a properly operating system does not reach the specified temperatures and that the possibility for cooling system malfunctions to go undetected and disable other OBD monitors is minimized to the extent technically feasible. (D) A manufacturer may request Executive Officer approval to be exempted from the requirements of thermostat monitoring. Executive Officer approval shall be granted upon determining that the manufacturer has demonstrated that a malfunctioning thermostat cannot cause a measurable increase in emissions during any reasonable driving condition nor cause any disablement of other monitors. (1.2.2) ECT Sensor (A) Circuit Continuity. The OBD system shall detect a malfunction when a lack of circuit continuity or out-of-range values occur. (B) Time to Reach Closed-Loop/Feedback Enable Temperature. (i) The OBD system shall detect a malfunction if the ECT sensor does not achieve the highest stabilized minimum temperature which is needed for closed-loop/feedback control of all emission control systems (e.g., fuel system, EGR system) within an Executive Officer-approved time interval after engine start. (ii) The time interval shall be a function of starting ECT and/or a function of intake air temperature. Executive Officer approval of the time interval shall be granted upon determining that the data and/or engineering evaluation submitted by the manufacturer supports the specified times. (iii) Manufacturers are exempted from the requirements of section (g)(1.2.2)(B) if the manufacturer does not utilize ECT to enable closed-loop/feedback control of any emission control system. (C) Stuck in Range Below the Highest Minimum Enable Temperature. To the extent feasible when using all available information, the OBD system shall detect a malfunction if the ECT sensor inappropriately indicates a temperature below the highest minimum enable temperature required by the OBD system to enable other diagnostics (e.g., an OBD system that requires ECT to be greater than 140 degrees Fahrenheit to enable a diagnostic must detect malfunctions that cause the ECT sensor to inappropriately indicate a temperature below 140 degrees Fahrenheit). Manufacturers are exempted from this requirement for temperature regions in which the monitors required under sections (g)(1.2.1) or (g)(1.2.2)(B) will detect ECT sensor malfunctions as defined in section (g)(1.2.2)(C). (D) Stuck in Range Above the Lowest Maximum Enable Temperature. (i) To the extent feasible when using all available information, the OBD system shall detect a malfunction if the ECT sensor inappropriately indicates a temperature above the lowest maximum enable temperature required by the OBD system to enable other diagnostics (e.g., an OBD system that requires ECT to be less than 90 degrees Fahrenheit at engine start to enable a diagnostic must detect malfunctions that cause the ECT sensor to inappropriately indicate a temperature above 90 degrees Fahrenheit). (ii) Manufacturers are exempted from this requirement for temperature regions in which the monitors required under sections (g)(1.2.1), (g)(1.2.2)(B), or (g)(1.2.2)(C) (i.e., ECT sensor or thermostat malfunctions) will detect ECT sensor malfunctions as defined in section (g)(1.2.2)(D) or in which the MIL will be illuminated under the requirements of sections (d)(2.2.1)(E) or (d)(2.2.2)(E) for default mode operation (e.g., overtemperature protection strategies). (iii) Manufacturers are exempted from the requirements of section (g)(1.2.2)(D) for temperature regions where the temperature gauge indicates a temperature in the red zone (engine overheating zone) for vehicles that have a temperature gauge (not a warning light) on the instrument panel and utilize the same ECT sensor for input to the OBD system and the temperature gauge. (1.3) Monitoring Conditions: (1.3.1) Thermostat (A) Manufacturers shall define the monitoring conditions for malfunctions identified in section (g)(1.2.1)(A) in accordance with section (d)(3.1). Additionally, except as provided for in sections (g)(1.3.1)(B) and (C), monitoring for malfunctions identified in section (g)(1.2.1)(A) shall be conducted once per driving cycle on every driving cycle in which the ECT sensor indicates, at engine start, a temperature lower than the temperature established as the malfunction criteria in section (g)(1.2.1)(A). (B) Manufacturers may disable thermostat monitoring at ambient engine start temperatures below 20 degrees Fahrenheit. (C) Manufacturers may request Executive Officer approval to suspend or disable thermostat monitoring if the vehicle is subjected to conditions which could lead to false diagnosis (e.g., vehicle operation at idle for more than 50 percent of the warm-up time, hot restart conditions). In general, the Executive Officer shall not approve disablement of the monitor on engine starts where the ECT at engine start is more than 35 degrees Fahrenheit lower than the thermostat malfunction threshold temperature determined under section (g)(1.2.1)(A). The Executive Officer shall approve the request upon determining that the manufacturer has provided data and/or engineering analysis that demonstrate the need for the request. (1.3.2) ECT Sensor (A) Except as provided below in section (g)(1.3.2)(E), monitoring for malfunctions identified in section (g)(1.2.2)(A) (i.e., circuit continuity and out-of-range) shall be conducted continuously. (B) Manufacturers shall define the monitoring conditions for malfunctions identified in section (g)(1.2.2)(B) in accordance with section (d)(3.1). Additionally, except as provided for in section (g)(1.3.2)(D), monitoring for malfunctions identified in section (g)(1.2.2)(B) shall be conducted once per driving cycle on every driving cycle in which the ECT sensor indicates a temperature lower than the closed-loop enable temperature at engine start (i.e., all engine start temperatures greater than the ECT sensor out-of-range low temperature and less than the closed-loop enable temperature). (C) Manufacturers shall define the monitoring conditions for malfunctions identified in sections (g)(1.2.2)(C) and (D) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (D) Manufacturers may suspend or delay the time to reach closed-loop enable temperature diagnostic if the vehicle is subjected to conditions which could lead to false diagnosis (e.g., vehicle operation at idle for more than 50 to 75 percent of the warm-up time). (E) A manufacturer may request Executive Officer approval to disable continuous ECT sensor monitoring when an ECT sensor malfunction cannot be distinguished from other effects. The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or engineering evaluation that demonstrate a properly functioning sensor cannot be distinguished from a malfunctioning sensor and that the disablement interval is limited only to that necessary for avoiding false detection. (1.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). (2) Crankcase Ventilation (CV) System Monitoring (2.1) Requirement: (2.1.1) The OBD system shall monitor the CV system on engines so-equipped for system integrity. Engines not required to be equipped with CV systems shall be exempt from monitoring of the CV system. (2.1.2) For diesel engines, the manufacturer shall submit a plan for Executive Officer approval of the monitoring strategy, malfunction criteria, and monitoring conditions prior to OBD certification. Executive Officer approval shall be based on the effectiveness of the monitoring strategy to monitor the performance of the CV system to the extent feasible with respect to the malfunction criteria in section (g)(2.2) below and the monitoring conditions required by the diagnostic. (2.2) Malfunction Criteria: (2.2.1) For the purposes of section (g)(2), "CV system" is defined as any form of crankcase ventilation system, regardless of whether it utilizes positive pressure. "CV valve" is defined as any form of valve or orifice used to restrict or control crankcase vapor flow. Further, any additional external CV system tubing or hoses used to equalize crankcase pressure or to provide a ventilation path between various areas of the engine (e.g., crankcase and valve cover) are considered part of the CV system "between the crankcase and the CV valve" and subject to the malfunction criteria in section (g)(2.2.2) below. (2.2.2) Except as provided below, the OBD system shall detect a malfunction of the CV system when a disconnection of the system occurs between either the crankcase and the CV valve, or between the CV valve and the intake manifold. (2.2.3) The Executive Officer shall exempt a manufacturer from detecting a disconnection between the crankcase and the CV valve upon determining that the CV system is designed such that the CV valve is fastened directly to the crankcase in a manner which makes it significantly more difficult to remove the valve from the crankcase rather than disconnect the line between the valve and the intake manifold (taking aging effects into consideration). The manufacturer shall file a request and submit data and/or engineering evaluation in support of the exemption. (2.2.4) The Executive Officer shall exempt a manufacturer from detecting a disconnection between the crankcase and the CV valve for system designs that utilize tubing between the valve and the crankcase upon determining that the connections between the valve and the crankcase are: (1) resistant to deterioration or accidental disconnection, (2) significantly more difficult to disconnect than the line between the valve and the intake manifold, and (3) not subject to disconnection per manufacturer's repair procedures for non-CV system repair work. The manufacturer shall file a request and submit data and/or engineering evaluation in support of the exemption. (2.2.5) The Executive Officer shall exempt a manufacturer from detecting a disconnection between the CV valve and the intake manifold upon determining that the disconnection (1) causes the vehicle to stall immediately during idle operation; or (2) is unlikely to occur due to a CV system design that is integral to the induction system (e.g., machined passages rather than tubing or hoses). The manufacturer shall file a request and submit data and/or engineering evaluation in support of the exemption. (2.3) Monitoring Conditions: Manufacturers shall define the monitoring conditions for malfunctions identified in section (g)(2.2) in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (2.4) MIL Illumination and Fault Code Storage: General requirements for MIL illumination and fault code storage are set forth in section (d)(2). The stored fault code need not specifically identify the CV system (e.g., a fault code for idle speed control or fuel system monitoring can be stored) if the manufacturer demonstrates that additional monitoring hardware would be necessary to make this identification, and provided the manufacturer's diagnostic and repair procedures for the detected malfunction include directions to check the integrity of the CV system. (3) Comprehensive Component Monitoring (3.1) Requirement: (3.1.1) Except as provided in section (g)(4), the OBD system shall monitor for malfunction any electronic engine component/system not otherwise described in sections (e)(1) through (g)(2) that either provides input to (directly or indirectly) or receives commands from the on-board computer(s), and: (1) can affect emissions during any reasonable in-use driving condition, or (2) is used as part of the diagnostic strategy for any other monitored system or component. (A) Input Components: Input components required to be monitored may include the crank angle sensor, knock sensor, throttle position sensor, cam position sensor, intake air temperature sensor, boost pressure sensor, manifold pressure sensor, mass air flow sensor, exhaust temperature sensor, exhaust pressure sensor, fuel pressure sensor, fuel composition sensor (e.g. flexible fuel vehicles), and electronic components used to comply with any applicable engine idling requirements of title 13, CCR section 1956.8. (B) Output Components/Systems: Output components/systems required to be monitored may include the idle speed control system, glow plug system, variable length intake manifold runner systems, supercharger or turbocharger electronic components, heated fuel preparation systems, the wait-to-start lamp on diesel applications, and the MIL. (3.1.2) For purposes of criteria (1) in section (g)(3.1.1) above, the manufacturer shall determine whether an engine input or output component/system can affect emissions. If the Executive Officer reasonably believes that a manufacturer has incorrectly determined that a component/system cannot affect emissions, the Executive Officer shall require the manufacturer to provide emission data showing that the component/system, when malfunctioning and installed in a suitable test vehicle, does not have an emission effect. Emission data may be requested for any reasonable driving condition. (3.1.3) For purposes of section (g)(3), "electronic engine components/systems" does not include components that are driven by the engine and are not related to the control of the fueling, air handling, or emissions of the engine (e.g., PTO components, air conditioning system components, and power steering components). (3.2) Malfunction Criteria: (3.2.1) Input Components: (A) The OBD system shall detect malfunctions of input components caused by a lack of circuit continuity, out-of-range values, and, where feasible, rationality faults. To the extent feasible, the rationality fault diagnostics shall verify that a sensor output is neither inappropriately high nor inappropriately low (i.e., shall be "two-sided" diagnostics). (B) To the extent feasible, the OBD system shall separately detect and store different fault codes that distinguish rationality faults from lack of circuit continuity and out-of-range faults. For input component lack of circuit continuity and out-of-range faults, the OBD system shall, to the extent feasible, separately detect and store different fault codes for each distinct malfunction (e.g., out-of-range low, out-of-range high, open circuit). The OBD system is not required to store separate fault codes for lack of circuit continuity faults that cannot be distinguished from other out-of-range circuit faults. (C) For input components that are used to activate alternate strategies that can affect emissions (e.g., AECDs, engine shutdown systems or strategies to meet NOx idling standards required by title 13, CCR section 1956.8), the OBD system shall detect rationality malfunctions that cause the system to erroneously activate or deactivate the alternate strategy. To the extent feasible when using all available information, the rationality fault diagnostics shall detect a malfunction if the input component inappropriately indicates a value that activates or deactivates the alternate strategy. For example, if an alternate strategy requires the intake air temperature to be greater than 120 degrees Fahrenheit to activate, the OBD system shall detect malfunctions that cause the intake air temperature sensor to inappropriately indicate a temperature above 120 degrees Fahrenheit. (D) For engines that require precise alignment between the camshaft and the crankshaft, the OBD system shall monitor the crankshaft position sensor(s) and camshaft position sensor(s) to verify proper alignment between the camshaft and crankshaft in addition to monitoring the sensors for circuit continuity and rationality malfunctions. Proper alignment monitoring between a camshaft and a crankshaft shall only be required in cases where both are equipped with position sensors. For engines equipped with VVT systems and a timing belt or chain, the OBD system shall detect a malfunction if the alignment between the camshaft and crankshaft is off by one or more cam/crank sprocket cogs (e.g., the timing belt/chain has slipped by one or more teeth/cogs). If a manufacturer demonstrates that a single tooth/cog misalignment cannot cause a measurable increase in emissions during any reasonable driving condition, the OBD system shall detect a malfunction when the minimum number of teeth/cogs misalignment needed to cause a measurable emission increase has occurred. (3.2.2) Output Components/Systems: (A) The OBD system shall detect a malfunction of an output component/system when proper functional response of the component and system to computer commands does not occur. If a functional check is not feasible, the OBD system shall detect malfunctions of output components/systems caused by a lack of circuit continuity or circuit fault (e.g., short to ground or high voltage). For output component lack of circuit continuity faults and circuit faults, the OBD system is not required to store different fault codes for each distinct malfunction (e.g., open circuit, shorted low). Manufacturers are not required to activate an output component/system when it would not normally be active exclusively for the purposes of performing functional monitoring of output components/systems as required in section (g)(3). (B) The idle control system shall be monitored for proper functional response to computer commands. (i) For gasoline engines using monitoring strategies based on deviation from target idle speed, a malfunction shall be detected when either of the following conditions occur: a. The idle speed control system cannot achieve the target idle speed within 200 revolutions per minute (rpm) above the target speed or 100 rpm below the target speed. The Executive Officer shall allow larger engine speed tolerances upon determining that a manufacturer has submitted data and/or an engineering evaluation which demonstrate that the tolerances can be exceeded without a malfunction being present. b. The idle speed control system cannot achieve the target idle speed within the smallest engine speed tolerance range required by the OBD system to enable any other monitors. (ii) For diesel engines, a malfunction shall be detected when either of the following conditions occur: a. The idle fuel control system cannot achieve the target idle speed or fuel injection quantity within +/-50 percent of the manufacturer-specified fuel quantity and engine speed tolerances. b. The idle fuel control system cannot achieve the target idle speed or fueling quantity within the smallest engine speed or fueling quantity tolerance range required by the OBD system to enable any other monitors. (C) Glow plugs/intake air heater systems shall be monitored for proper functional response to computer commands and for circuit continuity faults. The glow plug/intake air heater circuit(s) shall be monitored for proper current and voltage drop. The Executive Officer shall approve other monitoring strategies based on manufacturer's data and/or engineering analysis demonstrating equally reliable and timely detection of malfunctions. Except as provided below, the OBD system shall detect a malfunction when a single glow plug no longer operates within the manufacturer's specified limits for normal operation. If a manufacturer demonstrates that a single glow plug failure cannot cause a measurable increase in emissions during any reasonable driving condition, the OBD system shall detect a malfunction for the minimum number of glow plugs needed to cause an emission increase. Further, to the extent feasible on existing engine designs (without adding additional hardware for this purpose) and on all new design engines, the stored fault code shall identify the specific malfunctioning glow plug(s). (D) The wait-to-start lamp circuit and the MIL circuit shall be monitored for malfunctions that cause either lamp to fail to illuminate when commanded on (e.g., burned out bulb). (3.3) Monitoring Conditions: (3.3.1) Input Components: (A) Except as provided in section (g)(3.3.1)(C), input components shall be monitored continuously for proper range of values and circuit continuity. (B) For rationality monitoring (where applicable) manufacturers shall define the monitoring conditions for detecting malfunctions in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that rationality monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). (C) A manufacturer may request Executive Officer approval to disable continuous input component proper range of values or circuit continuity monitoring when a malfunction cannot be distinguished from other effects. The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning input component cannot be distinguished from a malfunctioning input component and that the disablement interval is limited only to that necessary for avoiding false detection. (3.3.2) Output Components/Systems: (A) Except as provided in section (g)(3.3.2)(D), monitoring for circuit continuity and circuit faults shall be conducted continuously. (B) Except as provided in section (g)(3.3.2)(C), for functional monitoring, manufacturers shall define the monitoring conditions for detecting malfunctions in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements). (C) For the idle control system, manufacturers shall define the monitoring conditions for functional monitoring in accordance with sections (d)(3.1) and (d)(3.2) (i.e., minimum ratio requirements), with the exception that functional monitoring shall occur every time the monitoring conditions are met during the driving cycle in lieu of once per driving cycle as required in section (d)(3.1.2). (D) A manufacturer may request Executive Officer approval to disable continuous output component circuit continuity or circuit fault monitoring when a malfunction cannot be distinguished from other effects. The Executive Officer shall approve the disablement upon determining that the manufacturer has submitted test data and/or documentation that demonstrate a properly functioning output component cannot be distinguished from a malfunctioning output component and that the disablement interval is limited only to that necessary for avoiding false detection. (3.4) MIL Illumination and Fault Code Storage: (3.4.1) Except as provided in sections (g)(3.4.2) and (3.4.3) below, general requirements for MIL illumination and fault code storage are set forth in section (d)(2). (3.4.2) Exceptions to general requirements for MIL illumination. MIL illumination is not required in conjunction with storing a confirmed or MIL-on fault code for any comprehensive component if: (A) the component or system, when malfunctioning, could not cause engine emissions to increase by 15 percent or more of the FTP standard during any reasonable driving condition; and (B) the component or system is not used as part of the diagnostic strategy for any other monitored system or component. (3.4.3) Exceptions for MIL circuit faults. MIL illumination is not required if a malfunction in the MIL circuit that prevents the MIL from illuminating (e.g., burned out bulb or LED) has been detected. However, the electronic MIL status (see section (h)(4.2)) shall be reported as MIL commanded-on and a confirmed or MIL-on fault code (see section (h)(4.4)) shall be stored. (4) Other Emission Control System Monitoring (4.1) Requirement: For other emission control systems that are: (1) not identified or addressed in sections (e)(1) through (g)(3) (e.g., hydrocarbon traps, HCCI control systems), or (2) identified or addressed in section (g)(3) but not corrected or compensated for by an adaptive control system (e.g., swirl control valves), manufacturers shall submit a plan for Executive Officer approval of the monitoring strategy, malfunction criteria, and monitoring conditions prior to introduction on a production engine. Executive Officer approval shall be based on the effectiveness of the monitoring strategy, the malfunction criteria utilized, the monitoring conditions required by the diagnostic, and, if applicable, the determination that the requirements of section (g)(4.2) below are satisfied. (4.2) For engines that utilize emission control systems that alter intake air flow or cylinder charge characteristics by actuating valve(s), flap(s), etc. in the intake air delivery system (e.g., swirl control valve systems), the manufacturers, in addition to meeting the requirements of section (g)(4.1) above, may elect to have the OBD system monitor the shaft to which all valves in one intake bank are physically attached in lieu of monitoring the intake air flow, cylinder charge, or individual valve(s)/flap(s) for proper functional response. For non-metal shafts or segmented shafts, the monitor shall verify all shaft segments for proper functional response (e.g., by verifying the segment or portion of the shaft furthest from the actuator properly functions). For systems that have more than one shaft to operate valves in multiple intake banks, manufacturers are not required to add more than one set of detection hardware (e.g., sensor, switch) per intake bank to meet this requirement. (5) Exceptions To Monitoring Requirements (5.1) Upon request of a manufacturer or upon the best engineering judgment of the ARB, the Executive Officer may revise the emission threshold for any monitor in sections (e) through (g) or revise the PM filter malfunction criteria of section (e)(8.2.1) to exclude detection of specific failure modes (e.g., partially melted substrates) if the most reliable monitoring method developed requires a higher threshold (or, in the case of section (e)(8.2.1), the exclusion of specific failure modes) to prevent significant errors of commission in detecting a malfunction. (5.2) For 2010 through 2012 model year diesel engines, in determining the malfunction criteria for diesel engine monitors in sections (e)(1), (3), (4), (5), (8.2.2), (8.2.4), (9.2.1)(A), and (e)(10), the manufacturer shall use a threshold of 2.5 times any of the applicable NMHC, CO, or NOx standards in lieu of 2.0 times any of the applicable standards. (5.3) Manufacturers may request Executive Officer approval to disable an OBD system monitor at ambient engine start temperatures below 20 degrees Fahrenheit (low ambient temperature conditions may be determined based on intake air or engine coolant temperature at engine start) or at elevations above 8000 feet above sea level. The Executive Officer shall approve the request upon determining that the manufacturer has provided data and/or an engineering evaluation that demonstrate that monitoring during the conditions would be unreliable. A manufacturer may further request, and the Executive Officer shall approve, that an OBD system monitor be disabled at other ambient engine start temperatures upon determining that the manufacturer has demonstrated with data and/or an engineering evaluation that misdiagnosis would occur at the ambient temperatures because of its effect on the component itself (e.g., component freezing). (5.4) Manufacturers may request Executive Officer approval to disable monitoring systems that can be affected by low fuel level or running out of fuel (e.g., misfire detection) when the fuel level is 15 percent or less of the nominal capacity of the fuel tank. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that monitoring at the fuel levels would be unreliable and the OBD system is able to detect a malfunction if the component(s) used to determine fuel level erroneously indicates a fuel level that causes the disablement. (5.5) Manufacturers may disable monitoring systems that can be affected by vehicle battery or system voltage levels. (5.5.1) For monitoring systems affected by low vehicle battery or system voltages, manufacturers may disable monitoring systems when the battery or system voltage is below 11.0 Volts. Manufacturers may request Executive Officer approval to utilize a voltage threshold higher than 11.0 Volts to disable system monitoring. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that monitoring at the voltages would be unreliable and that either operation of a vehicle below the disablement criteria for extended periods of time is unlikely or the OBD system monitors the battery or system voltage and will detect a malfunction at the voltage used to disable other monitors. (5.5.2) For monitoring systems affected by high vehicle battery or system voltages, manufacturers may request Executive Officer approval to disable monitoring systems when the battery or system voltage exceeds a manufacturer-defined voltage. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data and/or an engineering evaluation that demonstrate that monitoring above the manufacturer-defined voltage would be unreliable and that either the electrical charging system/alternator warning light is illuminated (or voltage gauge is in the "red zone") or the OBD system monitors the battery or system voltage and will detect a malfunction at the voltage used to disable other monitors. (5.6) A manufacturer may disable affected monitoring systems in vehicles designed to accommodate the installation of PTO units (as defined in section (c)), provided disablement occurs only while the PTO unit is active, and the OBD readiness status is cleared by the on-board computer (i.e., all monitors set to indicate "not complete") while the PTO unit is activated (see section (h)(4.1) below). If the disablement occurs, the readiness status may be restored to its state prior to PTO activation when the disablement ends. (h) Standardization Requirements (1) Reference Documents: The following Society of Automotive Engineers (SAE) and International Organization of Standards (ISO) documents are incorporated by reference into this regulation: (1.1) SAE J1930 "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms - Equivalent to ISO/TR 15031-2:April 30, 2002", April 2002 (SAE J1930). (1.2) SAE J1962 "Diagnostic Connector - Equivalent to ISO/DIS 15031-3: December 14, 2001", April 2002 (SAE J1962). (1.3) SAE J1978 "OBD II Scan Tool - Equivalent to ISO/DIS 15031-4: December 14, 2001", April 2002 (SAE J1978). (1.4) SAE J1979 "E/E Diagnostic Test Modes - Equivalent to ISO/DIS 15031- 5:April 30, 2002", April 2002 (SAE J1979). (1.5) SAE J2012 "Diagnostic Trouble Code Definitions - Equivalent to ISO/DIS 15031-6:April 30, 2002", April 2002 (SAE J2012). (1.6) ISO 15765-4:2001 "Road Vehicles-Diagnostics on Controller Area Network (CAN) - Part 4: Requirements for emission-related systems", December 2001 (ISO 15765-4). (1.7) SAE J1939 March 2005 - "Recommended Practice for a Serial Control and Communications Vehicle Network" and the associated subparts included in SAE HS-1939, "Truck and Bus Control and Communications Network Standards Manual", 2005 Edition (SAE J1939). (1.8) SAE J2403 "Medium/Heavy-Duty E/E Systems Diagnosis Nomenclature," August 2004 (SAE J2403). (2) Diagnostic Connector: A standard data link connector conforming to SAE J1962 or SAE J1939-13 specifications (except as specified in section (h)(2.3)) shall be incorporated in each vehicle. (2.1) The connector shall be located in the driver's side foot-well region of the vehicle interior in the area bound by the driver's side of the vehicle and the driver's side edge of the center console (or the vehicle centerline if the vehicle does not have a center console) and at a location no higher than the bottom of the steering wheel when in the lowest adjustable position. The connector may not be located on or in the center console (i.e., neither on the horizontal faces near the floor-mounted gear selector, parking brake lever, or cup-holders nor on the vertical faces near the car stereo, climate system, or navigation system controls). The location of the connector shall be capable of being easily identified and accessed (e.g., to connect an off-board tool). For vehicles equipped with a driver's side door, the connector shall be capable of being easily identified and accessed by a technician standing (or "crouched") on the ground outside the driver's side of the vehicle with the driver's side door open. (2.2) If the connector is covered, the cover must be removable by hand without the use of any tools and be labeled "OBD" to aid technicians in identifying the location of the connector. Access to the diagnostic connector may not require opening or the removal of any storage accessory (e.g., ashtray, coinbox). The label shall be submitted to the Executive Officer for review and approval, at or before the time the manufacturer submits its certification application. The Executive Officer shall approve the label upon determining that it clearly identifies that the connector is located behind the cover and is consistent with language and/or symbols commonly used in the automotive industry. (2.3) If the ISO 15765-4 protocol (see section (h)(3)) is used for the required OBD standardized functions, the connector shall meet the "Type A" specifications of SAE J1962. Any pins in the connector that provide electrical power shall be properly fused to protect the integrity and usefulness of the connector for diagnostic purposes and may not exceed 20.0 Volts DC regardless of the nominal vehicle system or battery voltage (e.g., 12V, 24V, 42V). (2.4) If the SAE J1939 protocol (see section (h)(3)) is used for the required OBD standardized functions, the connector shall meet the specifications of SAE J1939-13. Any pins in the connector that provide electrical power shall be properly fused to protect the integrity and usefulness of the connector for diagnostic purposes. (2.5) Manufacturers may equip vehicles with additional diagnostic connectors for manufacturer-specific purposes (i.e., purposes other than the required OBD functions). However, if the additional connector conforms to the "Type A" specifications of SAE J1962 or the specifications of SAE J1939-13 and is located in the vehicle interior near the required connector of section (h)(2.3) or (2.4), the connector(s) must be clearly labeled to identify which connector is used to access the standardized OBD information required in section (h). (3) Communications to a Scan Tool: All OBD control modules (e.g., engine, auxiliary emission control module) on a single vehicle shall use the same protocol for communication of required emission-related messages from on-board to off-board network communications to a scan tool meeting SAE J1978 specifications or designed to communicate with an SAE J1939 network. Engine manufacturers shall not alter normal operation of the engine emission control system due to the presence of off-board test equipment accessing information required by section (h). The OBD system shall use one of the following standardized protocols: (3.1) ISO 15765-4. All required emission-related messages using this protocol shall use a 500 kbps baud rate. (3.2) SAE J1939. This protocol may only be used on vehicles with diesel engines. (4) Required Emission Related Functions: The following standardized functions shall be implemented in accordance with the specifications in SAE J1979 or SAE J1939 to allow for access to the required information by a scan tool meeting SAE J1978 specifications or designed to communicate with an SAE J1939 network: (4.1) Readiness Status: In accordance with SAE J1979/J1939-73 specifications, the OBD system shall indicate "complete" or "not complete" for each of the installed monitored components and systems identified in sections (e)(1) through (f)(9), and (g)(3) except (f)(4). All components or systems identified in (f)(1), (f)(2), or (g)(3) that are monitored continuously shall always indicate "complete". Components or systems that are not subject to continuous monitoring shall immediately indicate "complete" upon the respective diagnostic(s) being fully executed and determining that the component or system is not malfunctioning. A component or system shall also indicate "complete" if after the requisite number of decisions necessary for determining MIL status has been fully executed, the monitor indicates a malfunction for the component or system. The status for each of the monitored components or systems shall indicate "not complete" whenever fault memory has been cleared or erased by a means other than that allowed in section (d)(2). Normal vehicle shut down (i.e., key off, engine off) may not cause the status to indicate "not complete". (4.1.1) Subject to Executive Officer approval, a manufacturer may request that the readiness status for a monitor be set to indicate "complete" without monitoring having been completed if monitoring is disabled for a multiple number of driving cycles due to the continued presence of extreme operating conditions (e.g., cold ambient temperatures, high altitudes). Executive Officer approval shall be based on the conditions for monitoring system disablement and the number of driving cycles specified without completion of monitoring before readiness is indicated as "complete". (4.1.2) For the evaporative system monitor, the readiness status shall be set in accordance with section (h)(4.1) when both the functional check of the purge valve and, if applicable, the leak detection monitor of the orifice size specified in section (f)(7.2.2)(B) (e.g., 0.150 inch) indicate that they are complete. (4.1.3) If the manufacturer elects to additionally indicate readiness status through the MIL in the key on, engine off position as provided for in section (d)(2.1.3), the readiness status shall be indicated in the following manner: If the readiness status for all monitored components or systems is "complete", the MIL shall remain continuously illuminated in the key on, engine off position for at least 15-20 seconds. If the readiness status for one or more of the monitored components or systems is "not complete", after 15-20 seconds of operation in the key on, engine off position with the MIL illuminated continuously, the MIL shall blink once per second for 5-10 seconds. The data stream value for MIL status (section (h)(4.2)) shall indicate "commanded off" during this sequence unless the MIL has also been "commanded on" for a detected fault. (4.2) Data Stream: The following signals shall be made available on demand through the standardized data link connector in accordance with SAE J1979/J1939 specifications. The actual signal value shall always be used instead of a default or limp home value. (4.2.1) For all gasoline engines: (A) Calculated load value, engine coolant temperature, engine speed, vehicle speed, time elapsed since engine start; and (B) Absolute load, fuel level (if used to enable or disable any other diagnostics), barometric pressure (directly measured or estimated), engine control module system voltage, commanded equivalence ratio; and (C) Number of stored confirmed fault codes, catalyst temperature (if directly measured or estimated for purposes of enabling the catalyst monitor(s)), monitor status (i.e., disabled for the rest of this driving cycle, complete this driving cycle, or not complete this driving cycle) since last engine shut-off for each monitor used for readiness status, distance traveled (or engine run time for engines not utilizing vehicle speed information) while MIL activated, distance traveled (or engine run time for engines not utilizing vehicle speed information) since fault memory last cleared, and number of warm-up cycles since fault memory last cleared, OBD requirements to which the engine is certified (e.g., California OBD, EPA OBD, European OBD, non-OBD) and MIL status (i.e., commanded-on or commanded-off). (4.2.2) For all diesel engines: (A) Calculated load (engine torque as a percentage of maximum torque available at the current engine speed), driver's demand engine torque (as a percentage of maximum engine torque), actual engine torque (as a percentage of maximum engine torque), reference engine maximum torque, reference maximum engine torque as a function of engine speed (suspect parameter numbers (SPN) 539 through 543 defined by SAE J1939 within parameter group number (PGN) 65251 for engine configuration), engine coolant temperature, engine oil temperature (if used for emission control or any OBD diagnostics), engine speed, time elapsed since engine start; and (B) Fuel level (if used to enable or disable any other diagnostics), vehicle speed (if used for emission control or any OBD diagnostics), barometric pressure (directly measured or estimated), engine control module system voltage; and (C) Number of stored confirmed/MIL-on fault codes, monitor status (i.e., disabled for the rest of this driving cycle, complete this driving cycle, or not complete this driving cycle) since last engine shut-off for each monitor used for readiness status, distance traveled (or engine run time for engines not utilizing vehicle speed information) while MIL activated, distance traveled (or engine run time for engines not utilizing vehicle speed information) since fault memory last cleared, number of warm-up cycles since fault memory last cleared, OBD requirements to which the engine is certified (e.g., California OBD, California OBD-child rating (i.e., for engines subject to (d)(7.1.2) or (d)(7.2.3)) EPA OBD, European OBD, non-OBD), and MIL status (i.e., commanded-on or commanded-off); (D) NOx NTE control area status (i.e., inside control area, outside control area, inside manufacturer-specific NOx NTE carve-out area, or deficiency active area) and PM NTE control area status (i.e., inside control area, outside control area, inside manufacturer-specific PM NTE carve-out area, or deficiency active area). (E) For purposes of the calculated load and torque parameters in section (h)(4.2.2)(A), manufacturers shall report the most accurate values that are calculated within the applicable electronic control unit (e.g., the engine control module). "Most accurate values", in this context, shall be of sufficient accuracy, resolution, and filtering to be used for the purposes of in-use emission testing with the engine still in a vehicle (e.g., using portable emission measurement equipment). (4.2.3) For all engines so equipped: (A) Absolute throttle position, relative throttle position, fuel control system status (e.g., open loop, closed loop), fuel trim, fuel pressure, ignition timing advance, fuel injection timing, intake air/manifold temperature, engine intercooler temperature, manifold absolute pressure, air flow rate from mass air flow sensor, secondary air status (upstream, downstream, or atmosphere), ambient air temperature, commanded purge valve duty cycle/position, commanded EGR valve duty cycle/position, actual EGR valve duty cycle/position, EGR error between actual and commanded, PTO status (active or not active), redundant absolute throttle position (for electronic throttle or other systems that utilize two or more sensors), absolute pedal position, redundant absolute pedal position, commanded throttle motor position, fuel rate, boost pressure, commanded/target boost pressure, turbo inlet air temperature, fuel rail pressure, commanded fuel rail pressure, PM filter inlet pressure, PM filter inlet temperature, PM filter outlet pressure, PM filter outlet temperature, PM filter delta pressure, exhaust pressure sensor output, exhaust gas temperature sensor output, injection control pressure, commanded injection control pressure, turbocharger/turbine speed, variable geometry turbo position, commanded variable geometry turbo position, turbocharger compressor inlet temperature, turbocharger compressor inlet pressure, turbocharger turbine inlet temperature, turbocharger turbine outlet temperature, wastegate valve position, glow plug lamp status; and (B) Oxygen sensor output, air/fuel ratio sensor output, NOx sensor output, and evaporative system vapor pressure. (4.3) Freeze Frame. (4.3.1) "Freeze frame" information required to be stored pursuant to sections (d)(2.2.1)(D), (d)(2.2.2)(D), (f)(1.4.4), and (f)(2.4.3) shall be made available on demand through the standardized data link connector in accordance with SAE J1979/J1939-73 specifications. (4.3.2) "Freeze frame" conditions must include the fault code which caused the data to be stored and all of the signals required in sections (h)(4.2.1)(A) and (4.2.2)(A). Freeze frame conditions shall also include all of the signals required on the engine in sections (h)(4.2.1)(B), (4.2.2)(B), and (4.2.3)(A) that are used for diagnostic or control purposes in the specific diagnostic or emission-critical powertrain control unit that stored the fault code. (4.3.3) Only one frame of data is required to be recorded. Manufacturers may choose to store additional frames provided that at least the required frame can be read by a scan tool meeting SAE J1978 specifications or designed to communicate with an SAE J1939 network. (4.4) Fault Codes (4.4.1) For vehicles using the ISO 15765-4 protocol for the standardized functions required in section (h): (A) For all monitored components and systems, stored pending, confirmed, and permanent fault codes shall be made available through the diagnostic connector in a standardized format in accordance with SAE J1979 specifications. Standardized fault codes conforming to SAE J2012 shall be employed. (B) The stored fault code shall, to the fullest extent possible, pinpoint the likely cause of the malfunction. To the extent feasible, manufacturers shall use separate fault codes for every diagnostic where the diagnostic and repair procedure or likely cause of the failure is different. In general, rationality and functional diagnostics shall use different fault codes than the respective circuit continuity diagnostics. Additionally, input component circuit continuity diagnostics shall use different fault codes for distinct malfunctions (e.g., out-of-range low, out-of-range high, open circuit). (C) Manufacturers shall use appropriate SAE-defined fault codes of SAE J2012 (e.g., P0xxx, P2xxx) whenever possible. With Executive Officer approval, manufacturers may use manufacturer-defined fault codes in accordance with SAE J2012 specifications (e.g., P1xxx). Factors to be considered by the Executive Officer for approval shall include the lack of available SAE-defined fault codes, uniqueness of the diagnostic or monitored component, expected future usage of the diagnostic or component, and estimated usefulness in providing additional diagnostic and repair information to service technicians. Manufacturer-defined fault codes shall be used consistently (i.e., the same fault code may not be used to represent two different failure modes) across a manufacturer's entire product line. (D) A pending or confirmed fault code (as required in sections (d) and (e) through (g)) shall be stored and available to an SAE J1978 scan tool within 10 seconds after a diagnostic has determined that a malfunction has occurred. A permanent fault code shall be stored and available to an SAE J1978 scan tool no later than the end of an ignition cycle in which the corresponding confirmed fault code causing the MIL to be illuminated has been stored. (E) Pending fault codes: (i) Pending fault codes for all components and systems (including continuously and non-continuously monitored components) shall be made available through the diagnostic connector in accordance with SAE J1979 specifications (e.g., Mode/Service $07). (ii) A pending fault code(s) shall be stored and available through the diagnostic connector for all currently malfunctioning monitored component(s) or system(s), regardless of the MIL illumination status or confirmed fault code status (e.g., even after a pending fault has matured to a confirmed fault code and the MIL is illuminated, a pending fault code shall be stored and available if the most recent monitoring event indicates the component is malfunctioning). (iii) Manufacturers using alternate statistical protocols for MIL illumination as allowed in section (d)(2.2.1)(C) shall submit to the Executive Officer a protocol for setting pending fault codes. The Executive Officer shall approve the proposed protocol upon determining that, overall, it is equivalent to the requirements in sections (h)(4.4.1)(E)(i) and (ii) and that it effectively provides service technicians with a quick and accurate indication of a pending failure. (F) Permanent fault codes: (i) Permanent fault codes for all components and systems shall be made available through the diagnostic connector in a standardized format that distinguishes permanent fault codes from both pending fault codes and confirmed fault codes. (ii) A confirmed fault code shall be stored as a permanent fault code no later than the end of the ignition cycle and subsequently at all times that the confirmed fault code is commanding the MIL on (e.g., for currently failing systems but not during the 40 warm-up cycle self-healing process described in section (d)(2.3.1)(B)). (iii) Permanent fault codes shall be stored in NVRAM and may not be erasable by any scan tool command (generic or enhanced) or by disconnecting power to the on-board computer. (iv) Permanent fault codes shall be erasable if the engine control module is reprogrammed and the readiness status (refer to section (h)(4.1)) for all monitored components and systems are set to "not complete." (v) The OBD system shall have the ability to store a minimum of four current confirmed fault codes as permanent fault codes in NVRAM. If the number of confirmed fault codes currently commanding the MIL on exceeds the maximum number of permanent fault codes that can be stored, the OBD system shall store the earliest detected confirmed fault codes as permanent fault codes. If additional confirmed fault codes are stored when the maximum number of permanent fault codes is already stored in NVRAM, the OBD system may not replace any existing permanent fault code with the additional confirmed fault codes. (4.4.2) For vehicles using the SAE J1939 protocol for the standardized functions required in section (h): (A) For all monitored components and systems, stored pending, MIL-on, and previously MIL-on fault codes shall be made available through the diagnostic connector in a standardized format in accordance with SAE J1939 specifications (i.e., Diagnostic Message (DM) 6, DM12, and DM23). Standardized fault codes conforming to SAE J1939 shall be employed. (B) The stored fault code shall, to the fullest extent possible, pinpoint the likely cause of the malfunction. To the extent feasible, manufacturers shall use separate fault codes for every diagnostic where the diagnostic and repair procedure or likely cause of the failure is different. In general, rationality and functional diagnostics shall use different fault codes than the respective circuit continuity diagnostics. Additionally, input component circuit continuity diagnostics shall use different fault codes for distinct malfunctions (e.g., out-of-range low, out-of-range high, open circuit). (C) Manufacturers shall use appropriate SAE-defined fault codes of SAE J939 whenever possible. With Executive Officer approval, manufacturers may use manufacturer-defined fault codes in accordance with SAE J1939 specifications. Factors to be considered by the Executive Officer for approval shall include the lack of available SAE-defined fault codes, uniqueness of the diagnostic or monitored component, expected future usage of the diagnostic or component, and estimated usefulness in providing additional diagnostic and repair information to service technicians. Manufacturer-defined fault codes shall be used consistently (i.e., the same fault code may not be used to represent two different failure modes) across a manufacturer's entire product line. (D) A pending or MIL-on fault code (as required in sections (d), (e), and (g)) shall be stored and available to an SAE J1939 scan tool within 10 seconds after a diagnostic has determined that a malfunction has occurred. A permanent fault code shall be stored and available to an SAE J1939 scan tool no later than the end of an ignition cycle in which the corresponding MIL-on fault code causing the MIL to be illuminated has been stored. (E) Pending fault codes: (i) Pending fault codes for all components and systems (including continuously and non-continuously monitored components) shall be made available through the diagnostic connector in accordance with SAE J1939 specifications (i.e., DM6). (ii) Manufacturers using alternate statistical protocols for MIL illumination as allowed in section (d)(2.2.2)(C) shall submit to the Executive Officer a protocol for setting pending fault codes. The Executive Officer shall approve the proposed protocol upon determining that, overall, it is equivalent to the requirements in sections (h)(4.4.2)(E)(i) and that it effectively provides service technicians with a quick and accurate indication of a pending failure. (F) Permanent fault codes: (i) Permanent fault codes for all components and systems shall be made available through the diagnostic connector in a standardized format that distinguishes permanent fault codes from pending fault codes, MIL-on fault codes, and previously MIL-on fault codes. (ii) A MIL-on fault code shall be stored as a permanent fault code no later than the end of the ignition cycle and subsequently at all times that the MIL-on fault code is commanding the MIL on (e.g., for currently failing systems). (iii) Permanent fault codes shall be stored in NVRAM and may not be erasable by any scan tool command (generic or enhanced) or by disconnecting power to the on-board computer. (iv) Permanent fault codes shall be erasable if the engine control module is reprogrammed and the readiness status (refer to section (h)(4.1)) for all monitored components and systems are set to "not complete." (v) The OBD system shall have the ability to store a minimum of four current MIL-on fault codes as permanent fault codes in NVRAM. If the number of MIL-on fault codes currently commanding the MIL on exceeds the maximum number of permanent fault codes that can be stored, the OBD system shall store the earliest detected MIL-on fault codes as permanent fault codes. If additional MIL-on fault codes are stored when the maximum number of permanent fault codes is already stored in NVRAM, the OBD system may not replace any existing permanent fault code with the additional MIL-on fault codes. (4.5) Test Results (4.5.1) Except as provided in section (h)(4.5.7), for all monitored components and systems identified in sections (e)(1) through (f)(9), results of the most recent monitoring of the components and systems and the test limits established for monitoring the respective components and systems shall be stored and available through the data link in accordance with the standardized format specified in SAE J1979 for the ISO 15765-4 protocol or SAE J1939. (4.5.2) The test results shall be reported such that properly functioning components and systems (e.g., "passing" systems) do not store test values outside of the established test limits. Test limits shall include both minimum and maximum acceptable values and shall be defined so that a test result equal to either test limit is a "passing" value, not a "failing" value. (4.5.3) The test results shall be standardized such that the name of the monitored component (e.g., catalyst bank 1) can be identified by a generic scan tool and the test results and limits can be scaled and reported with the appropriate engineering units by a generic scan tool. (4.5.4) The test results shall be stored until updated by a more recent valid test result or the fault memory of the OBD system computer is cleared. Upon fault memory being cleared, test results reported for monitors that have not yet completed with valid test results since the last time the fault memory was cleared shall report values of zero for the test result and test limits. (4.5.5) All test results and test limits shall always be reported and the test results shall be stored until updated by a more recent valid test result or the fault memory of the OBD system computer is cleared. (4.5.6) The OBD system shall store and report unique test results for each separate diagnostic. (4.5.7) The requirements of section (h)(4.5) do not apply to continuous fuel system monitoring, cold start emission reduction strategy monitoring, and continuous circuit monitoring. (4.6) Software Calibration Identification: On all vehicles, a single software calibration identification number (CAL ID) for each diagnostic or emission critical control unit(s) shall be made available through the standardized data link connector in accordance with the SAE J1979/J1939 specifications. A unique CAL ID shall be used for every emission-related calibration and/or software set having at least one bit of different data from any other emission-related calibration and/or software set. Control units coded with multiple emission or diagnostic calibrations and/or software sets shall indicate a unique CAL ID for each variant in a manner that enables an off-board device to determine which variant is being used by the vehicle. Control units that utilize a strategy that will result in MIL illumination if the incorrect variant is used (e.g., control units that contain variants for manual and automatic transmissions but will illuminate the MIL if the variant selected does not match the type of transmission on the vehicle) are not required to use unique CAL IDs. (4.7) Software Calibration Verification Number (4.7.1) All vehicles shall use an algorithm to calculate a single calibration verification number (CVN) that verifies the on-board computer software integrity for each diagnostic or emission critical electronically reprogrammable control unit. The CVN shall be made available through the standardized data link connector in accordance with the SAE J1979/J1939 specifications. The CVN shall be capable of being used to determine if the emission-related software and/or calibration data are valid and applicable for that vehicle and CAL ID. (4.7.2) Manufacturers shall submit information for Executive Officer approval of the algorithm used to calculate the CVN. Executive Officer approval of the algorithm shall be based on the complexity of the algorithm and the determination that the same CVN is difficult to achieve with modified calibration values. (4.7.3) The CVN shall be calculated at least once per driving cycle and stored until the CVN is subsequently updated. Except for immediately after a reprogramming event or a non-volatile memory clear or for the first 30 seconds of engine operation after a volatile memory clear or battery disconnect, the stored value shall be made available through the data link connector to a generic scan tool in accordance with SAE J1979/J1939 specifications. The stored CVN value may not be erased when fault memory is erased by a generic scan tool in accordance with SAE J1979/J1939 specifications or during normal vehicle shut down (i.e., key off, engine off). (4.7.4) For purposes of Inspection and Maintenance (I/M) testing, manufacturers shall make the CVN and CAL ID combination information available for all vehicles in a standardized electronic format that allows for off-board verification that the CVN is valid and appropriate for a specific vehicle and CAL ID. (4.8) Vehicle Identification Number: (4.8.1) All vehicles shall have the vehicle identification number (VIN) available in a standardized format through the standardized data link connector in accordance with SAE J1979/J1939 specifications. Only one electronic control unit per vehicle shall report the VIN to an SAE J1978/J1939 scan tool. (4.8.2) If the VIN is reprogrammable, all emission-related diagnostic information identified in section (h)(4.9.1) shall be erased in conjunction with reprogramming of the VIN. (4.9) Erasure of Emission-Related Diagnostic Information: (4.9.1) For purposes of section (h)(4.9), "emission-related diagnostic information" includes all the following: (A) Readiness status (section (h)(4.1)) (B) Data stream information (section (h)(4.2)) including number of stored confirmed/MIL-on fault codes, distance traveled while MIL activated, number of warm-up cycles since fault memory last cleared, and distance traveled since fault memory last cleared. (C) Freeze frame information (section (h)(4.3)) (D) Pending, confirmed, MIL-on, and previously MIL-on fault codes (section (h)(4.4.)) (E) Test results (section (h)(4.5)) (4.9.2) For all vehicles, the emission-related diagnostic information shall be erased if commanded by a scan tool (generic or enhanced) and may be erased if the power to the on-board computer is disconnected. If any of the emission-related diagnostic information is commanded to be erased by a scan tool (generic or enhanced), all emission-related diagnostic information from all diagnostic or emission critical control units shall be erased. The OBD system may not allow a scan tool to erase a subset of the emission-related diagnostic information (e.g., the OBD system may not allow a scan tool to erase only one of three stored fault codes or only information from one control unit without erasing information from the other control unit(s)). (5) Tracking Requirements: (5.1) In-use Performance Ratio Tracking Requirements: (5.1.1) For each monitor required in sections (e) through (g) to separately report an in-use performance ratio, manufacturers shall implement software algorithms to report a numerator and denominator in the standardized format specified below and in accordance with the SAE J1979/J1939 specifications. (5.1.2) Numerical Value Specifications: (A) For the numerator, denominator, general denominator, and ignition cycle counter: (i) Each number shall have a minimum value of zero and a maximum value of 65,535 with a resolution of one. (ii) Each number shall be reset to zero only when a non-volatile random access memory (NVRAM) reset occurs (e.g., reprogramming event) or, if the numbers are stored in keep-alive memory (KAM), when KAM is lost due to an interruption in electrical power to the control module (e.g., battery disconnect). Numbers may not be reset to zero under any other circumstances including when a scan tool command to clear fault codes or reset KAM is received. (iii) If either the numerator or denominator for a specific component reaches the maximum value of 65,535+2, both numbers shall be divided by two before either is incremented again to avoid overflow problems. (iv) If the ignition cycle counter reaches the maximum value of 65,535+2, the ignition cycle counter shall rollover and increment to zero on the next ignition cycle to avoid overflow problems. (v) If the general denominator reaches the maximum value of 65,535+2, the general denominator shall rollover and increment to zero on the next driving cycle that meets the general denominator definition to avoid overflow problems. (vi) If a vehicle is not equipped with a component (e.g., oxygen sensor bank 2, secondary air system), the corresponding numerator and denominator for that specific component shall always be reported as zero. (B) For the ratio: (i) The ratio shall have a minimum value of zero and a maximum value of 7.99527 with a resolution of 0.000122. (ii) A ratio for a specific component shall be considered to be zero whenever the corresponding numerator is equal to zero and the corresponding denominator is not zero. (iii) A ratio for a specific component shall be considered to be the maximum value of 7.99527 if the corresponding denominator is zero or if the actual value of the numerator divided by the denominator exceeds the maximum value of 7.99527. (5.2) Engine Run Time Tracking Requirements: (5.2.1) For all gasoline and diesel engines, manufacturers shall implement software algorithms to individually track and report in a standardized format the engine run time while being operated in the following conditions: (A) Total engine run time; (B) Total idle run time (with "idle" defined as accelerator pedal released by driver, vehicle speed less than or equal to one mile per hour, engine speed greater than or equal to 50 to 150 rpm below the normal, warmed-up idle speed (as determined in the drive position for vehicles equipped with an automatic transmission), and PTO not active); (C) Total run time with PTO active. (5.2.2) Numerical Value Specifications: (A) For each counter specified in section (h)(5.2.1): (i) Each number shall be a four-byte value with a minimum value of zero, a resolution of one second per bit, and an accuracy of +/- ten seconds per driving cycle. (ii) Each number shall be reset to zero only when a non-volatile memory reset occurs (e.g., reprogramming event). Numbers may not be reset to zero under any other circumstances including when a scan tool (generic or enhanced) command to clear fault codes or reset KAM is received. (iii) If any of the individual counters reach the maximum value, all counters shall be divided by two before any are incremented again to avoid overflow problems. (iv) The counters shall be made available to a generic scan tool in accordance with the SAE J1979/J1939 specifications and may be rescaled when transmitted, if required by the SAE specifications, from a resolution of one second per bit to no more than three minutes per bit. (6) Service Information: (6.1) Engine manufacturers shall provide the aftermarket service and repair industry emission-related service information as set forth in sections (h)(6.3) through (6.5). (6.2) The Executive Officer shall waive the requirements of sections (h)(6.3) through (6.5) upon determining that the ARB or U.S. EPA has adopted a service information regulation or rule that is in effect and operative and requires engine manufacturers to provide emission-related service information: (A) of comparable or greater scope than required under these provisions; (B) in an easily accessible format and in a timeframe that is equivalent to or exceeds the timeframes set forth below; and (C) at fair and reasonable cost. (6.3) Manufacturers shall make readily available, at a fair and reasonable price to the automotive repair industry, vehicle repair procedures which allow effective emission-related diagnosis and repairs to be performed using only the SAE J1978/J1939 generic scan tool and commonly available, non-microprocessor based tools. (6.4) As an alternative to publishing repair procedures required under section (h)(6.3), a manufacturer may publish repair procedures referencing the use of manufacturer-specific or enhanced equipment provided the manufacturer makes available to the aftermarket scan tool industry the information needed to manufacture scan tools to perform the same emission-related diagnosis and repair procedures (excluding any reprogramming) in a comparable manner as the manufacturer-specific diagnostic scan tool. (6.5) Manufacturers shall make available: (6.5.1) Information to utilize the test results reported as required in section (h)(4.5). The information must include a description of the test and test result, typical passing and failing values, associated fault codes with the test result, and scaling, units, and conversion factors necessary to convert the results to engineering units. (6.5.2) A generic description of each of the diagnostics used to meet the requirements of this regulation. The generic description must include a text description of how the diagnostic is performed, typical enable conditions, typical malfunction thresholds, typical monitoring time, fault codes associated with the diagnostic, and test results (section (h)(4.5)) associated with the diagnostic. Vehicles that have diagnostics not adequately represented by the typical values identified above shall be specifically identified along with the appropriate typical values. (6.5.3) Information necessary to execute each of the diagnostics used to meet the requirements of sections (e)(1) through (f)(9). The information must include either a description of sample driving patterns designed to be operated in-use or a written description of the conditions the vehicle needs to operate in to execute each of the diagnostics necessary to change the readiness status from "not complete" to "complete" for all monitors. The information shall be able to be used to exercise all necessary monitors in a single driving cycle as well as be able to be used to exercise the monitors to individually change the readiness status for each specific monitor from "not complete" to "complete". (7) Exceptions to Standardization Requirements. (7.1) For 2020 and subsequent model year alternate-fueled engines derived from a diesel-cycle engine, a manufacturer may meet the standardized requirements of section (h) that are applicable to diesel engines in lieu of the requirements applicable to gasoline engines. (i) Monitoring System Demonstration Requirements for Certification (1) General. (1.1) Certification requires that manufacturers submit emission test data from one or more durability demonstration test engines (test engines). (1.2) The Executive Officer may approve other demonstration protocols if the manufacturer can provide comparable assurance that the malfunction criteria are chosen based on meeting the malfunction criteria requirements and that the timeliness of malfunction detection is within the constraints of the applicable monitoring requirements. (1.3) For flexible fuel engines capable of operating on more than one fuel or fuel combinations, the manufacturer shall submit a plan for providing emission test data to the Executive Officer for approval. The Executive Officer shall approve the plan if it is determined to be representative of expected in-use fuel or fuel combinations and provides accurate and timely evaluation of the monitored systems. (2) Selection of Test Engines: (2.1) Prior to submitting any applications for certification for a model year, a manufacturer shall notify the Executive Officer of the engine families and engine ratings within each family planned for that model year. The Executive Officer will then select the engine family(ies) and the specific engine rating within the engine family(ies) that the manufacturer shall use as demonstration test engines to provide emission test data. The selection of test vehicles for production vehicle evaluation, as specified in section (l)(2), may take place during this selection process. (2.2) Number of test engines: (2.2.1) For the 2010 model year, a manufacturer shall provide emission test data of a test engine from the OBD parent rating. (2.2.2) For the 2011 and 2012 model years, a manufacturer certifying one to seven engine families in a model year shall provide emission test data of a test engine from one OBD child rating. A manufacturer certifying eight or more engine families in a model year shall provide emission test data of test engines from two OBD child ratings. The Executive Officer may waive the requirement for submittal of data of one or more of the test engines if data have been previously submitted for all of the OBD parent and OBD child ratings. (2.2.3) For the 2013 and subsequent model years, a manufacturer certifying one to five engine families in a model year shall provide emission test data of a test engine from one engine rating. A manufacturer certifying six to ten engine families in a model year shall provide emission test data from test engines from two engine ratings. A manufacturer certifying eleven or more engine families in a model year shall provide emission test data of test engines from three engine ratings. The Executive Officer may waive the requirement for submittal of data of one or more of the test engines if data have been previously submitted for all of the engine ratings. (2.2.4) For a given model year, a manufacturer may elect to provide emission data of test engines from more engine ratings than required by section (i)(2.2.1) through (2.2.3). For each additional engine rating tested in that given model year, the Executive Officer shall reduce the number of engine ratings required for testing in one future model year under sections (i)(2.2.2) through (2.2.3) by one. (2.3) For the test engine(s), a manufacturer shall use an engine(s) aged for a minimum of 125 hours plus exhaust aftertreatment emission controls aged to be representative of useful life. Manufacturers are required to submit for Executive Officer approval a description of the accelerated aging process and/or supporting data. The Executive Officer shall approve the process upon determining that the submitted description and/or data demonstrate that the process ensures that deterioration of the exhaust aftertreatment emission controls is stabilized sufficiently such that it is representative of the performance of the emission control at the end of the useful life. (3) Required Testing: Except as provided below, the manufacturer shall perform single-fault testing based on the applicable test with the following components/systems set at their malfunction criteria limits as determined by the manufacturer for meeting the requirements of sections (e), (f), and (g) or sections (d)(7.1.2) and (d)(7.2.3) for extrapolated OBD systems. (3.1) Required testing for Diesel/Compression Ignition Engines: (3.1.1) Fuel System: The manufacturer shall perform a separate test for each malfunction limit established by the manufacturer for the fuel system parameters (e.g., fuel pressure, injection timing) specified in sections (e)(1.2.1) through (e)(1.2.3). When performing a test for a specific parameter, the fuel system shall be operating at the malfunction criteria limit for the applicable parameter only. All other parameters shall be with normal characteristics. In conducting the fuel system demonstration tests, the manufacturer may use computer modifications to cause the fuel system to operate at the malfunction limit if the manufacturer can demonstrate to the Executive Officer that the computer modifications produce test results equivalent to an induced hardware malfunction. (3.1.2) Misfire Monitoring: For 2010 through 2012 model year engines, a misfire demonstration test is not required for diesel engines. For 2013 and subsequent model year engines, the manufacturer shall perform a test at the malfunction criteria limit specified in section (e)(2.2.2). (3.1.3) EGR System: The manufacturer shall perform a test at each flow, slow response, and cooling limit calibrated to the malfunction criteria (e.g., 2.0 times the standard) in sections (e)(3.2.1) through (3.2.3) and (e)(3.2.5). In conducting the EGR system slow response demonstration tests, the manufacturer may use computer modifications to cause the EGR system to operate at the malfunction limit if the manufacturer can demonstrate to the Executive Officer that the computer modifications produce test results equivalent to an induced hardware malfunction. (3.1.4) Boost Pressure Control System: The manufacturer shall perform a test at each boost, response, and cooling limit calibrated to the malfunction criteria (e.g., 2.0 times the FTP standard) in sections (e)(4.2.1) through (4.2.3) and (e)(4.2.4). (3.1.5) NMHC Catalyst: The manufacturer shall perform a separate test for each monitored NMHC catalyst(s) (e.g., oxidation catalyst). The catalyst(s) being evaluated shall be deteriorated to the applicable malfunction criteria established by the manufacturer in section (e)(5.2.2) using methods established by the manufacturer in accordance with section (e)(5.2.4). For each monitored NMHC catalyst(s), the manufacturer shall also demonstrate that the OBD system will detect a catalyst malfunction with the catalyst at its maximum level of deterioration (i.e., the substrate(s) completely removed from the catalyst container or "empty" can). Emission data are not required for the empty can demonstration. (3.1.6) NOx Catalyst: The manufacturer shall perform a separate test for each monitored NOx catalyst(s) (e.g., SCR catalyst). The catalyst(s) being evaluated shall be deteriorated to the applicable malfunction criteria established by the manufacturer in sections (e)(6.2.1)(A)(i), (e)(6.2.1)(B)(i), and (e)(6.2.2)(A) using methods established by the manufacturer in accordance with section (e)(6.2.3). For each monitored NOx catalyst(s), the manufacturer shall also demonstrate that the OBD system will detect a catalyst malfunction with the catalyst at its maximum level of deterioration (i.e., the substrate(s) completely removed from the catalyst container or "empty" can). Emission data are not required for the empty can demonstration. (3.1.7) NOx Adsorber: The manufacturer shall perform a test using a NOx adsorber(s) deteriorated to the malfunction criteria in section (e)(7.2.1). The manufacturer shall also demonstrate that the OBD system will detect a NOx adsorber malfunction with the NOx adsorber at its maximum level of deterioration (i.e., the substrate(s) completely removed from the container or "empty" can). Emission data are not required for the empty can demonstration. (3.1.8) PM Filter: The manufacturer shall perform a test using a PM filter(s) deteriorated to each applicable malfunction criteria in sections (e)(8.2.1), (e)(8.2.2), and (e)(8.2.4). The manufacturer shall also demonstrate that the OBD system will detect a PM filter malfunction with the filter at its maximum level of deterioration (i.e., the filter(s) completely removed from the filter container or "empty" can). Emission data are not required for the empty can demonstration. (3.1.9) Exhaust Gas Sensor: The manufacturer shall perform a test for each exhaust gas sensor parameter calibrated to the malfunction criteria (e.g., 2.0 times the FTP standard) in sections (e)(9.2.1)(A)(i), (e)(9.2.1)(B)(i)a. through b., and (e)(9.2.2)(A)(i) through (ii). When performing a test, all exhaust gas sensors used for the same purpose (e.g., for the same feedback control loop, for the same control feature on parallel exhaust banks) shall be operating at the malfunction criteria limit for the applicable parameter only. All other exhaust gas sensor parameters shall be with normal characteristics. (3.1.10) VVT System: The manufacturer shall perform a test at each target error limit and slow response limit calibrated to the malfunction criteria (e.g., 2.0 times the FTP standard) in sections (e)(10.2.1) and (e)(10.2.2). In conducting the VVT system demonstration tests, the manufacturer may use computer modifications to cause the VVT system to operate at the malfunction limit if the manufacturer can demonstrate to the Executive Officer that the computer modifications produce test results equivalent to an induced hardware malfunction. (3.1.11) For each of the testing requirements of section (i)(3.1), if the manufacturer has established that only a functional check is required because no failure or deterioration of the specific tested system could result in an engine's emissions exceeding the emission malfunction criteria (e.g., 2.0 times any of the applicable standards), the manufacturer is not required to perform a demonstration test; however the manufacturer is required to provide the data and/or engineering analysis used to determine that only a functional test of the system(s) is required. (3.2) Required testing for Gasoline/Spark-Ignited Engines: (3.2.1) Fuel System: (A) For engines with adaptive feedback based on the primary fuel control sensor(s), the manufacturer shall perform a test with the adaptive feedback based on the primary fuel control sensor(s) at the rich limit(s) and a test at the lean limit(s) established by the manufacturer in section (f)(1.2.1) to detect a malfunction before emissions exceed 1.5 times the applicable standards. (B) For engines with feedback based on a secondary fuel control sensor(s) and subject to the malfunction criteria in section (f)(1.2.1), the manufacturer shall perform a test with the feedback based on the secondary fuel control sensor(s) at the rich limit(s) and a test at the lean limit(s) established by the manufacturer in section (f)(1.2.1) to detect a malfunction before emissions exceed 1.5 times the applicable standards. (C) For other fuel metering or control systems, the manufacturer shall perform a test at the criteria limit(s). (D) For purposes of fuel system testing, the fault(s) induced may result in a uniform distribution of fuel and air among the cylinders. Non-uniform distribution of fuel and air used to induce a fault may not cause misfire. In conducting the fuel system demonstration tests, the manufacturer may use computer modifications to cause the fuel system to operate at the malfunction limit if the manufacturer can demonstrate to the Executive Officer that the computer modifications produce test results equivalent to an induced hardware malfunction. (3.2.2) Misfire: The manufacturer shall perform a test at the malfunction criteria limit specified in section (f)(2.2.2). (3.2.3) EGR System: The manufacturer shall perform a test at each flow limit calibrated to the malfunction criteria (e.g., 1.5 times the standard) in sections (f)(3.2.1) and (f)(3.2.2). (3.2.4) Cold Start Emission Reduction Strategy: The manufacturer shall perform a test at the malfunction criteria for each component monitored according to section (f)(4.2.1). (3.2.5) Secondary Air System: The manufacturer shall perform a test at each flow limit calibrated to the malfunction criteria in sections (f)(5.2.1) and (f)(5.2.2). (3.2.6) Catalyst: The manufacturer shall perform a test using a catalyst system deteriorated to the malfunction criteria in section (f)(6.2.1) using methods established by the manufacturer in accordance with section (f)(6.2.2). The manufacturer shall also demonstrate that the OBD system will detect a catalyst system malfunction with the catalyst system at its maximum level of deterioration (i.e., the substrate(s) completely removed from the catalyst container or "empty" can). Emission data are not required for the empty can demonstration. (3.2.7) Exhaust Gas Sensor: The manufacturer shall perform a test with all primary exhaust gas sensors used for fuel control simultaneously possessing a response rate deteriorated to the malfunction criteria limit in section (f)(8.2.1)(A). Manufacturers shall also perform a test for any other primary or secondary exhaust gas sensor parameter under sections (f)(8.2.1)(A) and (f)(8.2.2)(A) that can cause engine emissions to exceed 1.5 times the applicable standards (e.g., shift in air/fuel ratio at which oxygen sensor switches, decreased amplitude). When performing additional test(s), all primary and secondary (if applicable) exhaust gas sensors used for emission control shall be operating at the malfunction criteria limit for the applicable parameter only. All other primary and secondary exhaust gas sensor parameters shall be with normal characteristics. (3.2.8) VVT System: The manufacturer shall perform a test at each target error limit and slow response limit calibrated to the malfunction criteria (e.g., 1.5 times the FTP standard) in sections (f)(9.2.1) and (f)(9.2.2). In conducting the VVT system demonstration tests, the manufacturer may use computer modifications to cause the VVT system to operate at the malfunction limit if the manufacturer can demonstrate to the Executive Officer that the computer modifications produce test results equivalent to an induced hardware malfunction. (3.2.9) For each of the testing requirements of section (i)(3.2), if the manufacturer has established that only a functional check is required because no failure or deterioration of the specific tested system could result in an engine's emissions exceeding the emission malfunction criteria (e.g., 1.5 times any of the applicable standards), the manufacturer is not required to perform a demonstration test; however the manufacturer is required to provide the data and/or engineering analysis used to determine that only a functional test of the system(s) is required. (3.3) Required Testing for All Engines: (3.3.1) Other Emission Control Systems: The manufacturer shall conduct demonstration tests for all other emission control components (e.g., hydrocarbon traps, adsorbers) designed and calibrated to an emission threshold malfunction criteria (e.g., 1.5 times the applicable emission standards) under the provisions of section (g)(4). (3.3.2) For each of the testing requirements of section (i)(3.3), if the manufacturer has established that only a functional check is required because no failure or deterioration of the specific tested system could result in an engine's emissions exceeding the emission malfunction criteria (e.g., 1.5 times any of the applicable standards), the manufacturer is not required to perform a demonstration test; however the manufacturer is required to provide the data and/or engineering analysis used to determine that only a functional test of the system(s) is required. (3.4) The manufacturer may electronically simulate deteriorated components but may not make any engine control unit modifications (unless otherwise provided above) when performing demonstration tests. All equipment necessary to duplicate the demonstration test must be made available to the ARB upon request. (4) Testing Protocol: (4.1) Preconditioning: The manufacturer shall use an applicable cycle for preconditioning test engines prior to conducting each of the above emission tests. Upon determining that a manufacturer has provided data and/or engineering evaluation that demonstrate that additional preconditioning is necessary to stabilize the emission control system, the Executive Officer shall allow the manufacturer to perform a single additional preconditioning cycle, identical to the initial preconditioning cycle following a 20 minute hot soak after the initial preconditioning cycle. The manufacturer may not require the test engine to be cold soaked prior to conducting preconditioning cycles in order for the monitoring system testing to be successful. (4.2) Test Sequence: (4.2.1) The manufacturer shall set the system or component on the test engine for which detection is to be tested at the criteria limit(s) prior to conducting the applicable preconditioning cycle(s). If a second preconditioning cycle is permitted in accordance with section (i)(4.1) above, the manufacturer may adjust the system or component to be tested before conducting the second preconditioning cycle. The manufacturer may not replace, modify, or adjust the system or component after the last preconditioning cycle has taken place. (4.2.2) After preconditioning, the test engine shall be operated over the applicable cycle to allow for the initial detection of the tested system or component malfunction. This test cycle may be omitted from the testing protocol if it is unnecessary. If required by the designated monitoring strategy, a cold soak may be performed prior to conducting this test cycle. (4.2.3) The test engine shall then be operated over the applicable exhaust emission test. (4.3) A manufacturer required to test more than one test engine (section (i)(2.2)) may utilize internal calibration sign-off test procedures (e.g., forced cool downs, less frequently calibrated emission analyzers) instead of official test procedures to obtain the emission test data required in section (i) for all but one of the required test engines. The manufacturer may elect this option if the data from the alternative test procedure are representative of official emission test results. Manufacturers using this option are still responsible for meeting the malfunction criteria specified in sections (e) through (g) when emission tests are performed in accordance with official test procedures. (4.4) A manufacturer may request Executive Officer approval to utilize an alternate testing protocol for demonstration of MIL illumination if the engine dynamometer emission test cycle does not allow all of a monitor's enable conditions to be satisfied. A manufacturer may request the use of an alternate engine dynamometer test cycle or the use of chassis testing to demonstrate proper MIL illumination. In evaluating the manufacturer's request, the Executive Officer shall consider the technical necessity for using an alternate test cycle and the degree to which the alternate test cycle demonstrates that in-use operation with the malfunctioning component will properly result in MIL illumination. (5) Evaluation Protocol: (5.1) Full OBD engine ratings subject to sections (d)(7.1.1), (d)(7.2.2), or (d)(7.3) shall be evaluated according to the following protocol. (5.1.1) For all tests conducted under section (i), the MIL shall be illuminated upon detection of the tested system or component malfunction before the end of the first engine start portion of the exhaust test of the complete applicable test in accordance with requirements of sections (e) through (g). (5.1.2) If the MIL illuminates prior to emissions exceeding the applicable malfunction criteria specified in sections (e) through (g), no further demonstration is required. With respect to the misfire monitor demonstration test, if a manufacturer has elected to use the minimum misfire malfunction criteria of one percent as allowed in sections (e)(2.2.2)(A) and (f)(2.2.2)(A), no further demonstration is required if the MIL illuminates with misfire implanted at the malfunction criteria limit. (5.1.3) If the MIL does not illuminate when the system or component is set at its limit(s), the criteria limit or the OBD system is not acceptable. (A) Except for testing of the catalyst or PM filter system, if the MIL first illuminates after emissions exceed the applicable malfunction criteria specified in sections (e) through (g), the test engine shall be retested with the tested system or component adjusted so that the MIL will illuminate before emissions exceed the applicable malfunction criteria specified in sections (e) through (g). If the component cannot be adjusted to meet this criterion because a default fuel or emission control strategy is used when a malfunction is detected (e.g., open loop fuel control used after an oxygen sensor malfunction is determined), the test engine shall be retested with the component adjusted to the worst acceptable limit (i.e., the applicable monitor indicates the component is performing at or slightly better than the malfunction criteria). When tested with the component adjusted to the worst acceptable limit, the MIL must not illuminate during the test and the engine emissions must be below the applicable malfunction criteria specified in sections (e) through (g). (B) In testing the catalyst or PM filter system, if the MIL first illuminates after emissions exceed the applicable emission threshold(s) specified in sections (e) and (f), the tested engine shall be retested with a less deteriorated catalyst/PM filter system (i.e., more of the applicable engine out pollutants are converted or trapped). For the OBD system to be approved, testing shall be continued until either of the following conditions are satisfied: (i) The MIL is illuminated and emissions do not exceed the thresholds specified in sections (e) or (f); or (ii) The manufacturer demonstrates that the MIL illuminates within the upper and lower limits of the threshold identified below. The manufacturer shall demonstrate acceptable limits by continuing testing until the test results show: a. The MIL is illuminated and emissions exceed the thresholds specified in sections (e) or (f) by 10 percent or less of the applicable standard (e.g., emissions are less than 1.85 times the applicable standard for a malfunction criterion of 1.75 times the standard); and b. The MIL is not illuminated and emissions are below the thresholds specified in sections (e) or (f) by no more than 20 percent of the standard (e.g., emissions are between 1.55 and 1.75 times the applicable standard for a malfunction criterion of 1.75 times the standard). (5.1.4) If an OBD system is determined unacceptable by the above criteria, the manufacturer may recalibrate and retest the system on the same test engine. In such a case, the manufacturer must confirm, by retesting, that all systems and components that were tested prior to recalibration and are affected by the recalibration function properly under the OBD system as recalibrated. (5.2) OBD child ratings subject to sections (d)(7.1.2) or (d)(7.2.3) (i.e., extrapolated OBD) shall be evaluated according to the following protocol. (5.2.1) For all tests conducted under section (i), the MIL shall be illuminated upon detection of the tested system or component malfunction before the end of the first engine start portion of the exhaust test of the complete applicable test in accordance with the malfunction criteria established by the manufacturer under sections (d)(7.1.2) and (d)(7.2.3). (5.2.2) Except for testing of the catalyst or PM filter system, if the MIL first illuminates after the tested component or system significantly exceeds the applicable malfunction criteria established by the manufacturer, the test engine shall be retested with the tested system or component adjusted so that the MIL will illuminate at the applicable malfunction criteria established by the manufacturer. (5.2.3) In testing the catalyst or PM filter system, if the MIL first illuminates after the tested component or system significantly exceeds the applicable malfunction criteria established by the manufacturer, the tested engine shall be retested with a less deteriorated catalyst/PM filter system (i.e., more of the applicable engine out pollutants are converted or trapped). For the OBD system to be approved, testing shall be continued until either of the following conditions are satisfied: (A) The MIL is illuminated and the tested component or system is at the applicable malfunction criteria established by the manufacturer; or (B) The manufacturer demonstrates that the MIL illuminates within the upper and lower limits of the threshold identified below. The manufacturer shall demonstrate acceptable limits by continuing testing until the test results show: (i) The MIL is illuminated and monitoring results indicate the tested component or system exceeds the malfunction criteria established by the manufacturer by 10 percent or less of the monitored parameter; and (ii) The MIL is not illuminated and monitoring results indicate the tested component or system is below the malfunction criteria established by the manufacturer by 10 percent or less of the monitored parameter. (6) Confirmatory Testing: (6.1) The ARB may perform confirmatory testing to verify the emission test data submitted by the manufacturer under the requirements of section (i) comply with the requirements of section (i) and the malfunction criteria identified in sections (e) through (g). This confirmatory testing is limited to the engine rating represented by the demonstration engine(s). (6.2) The ARB or its designee may install appropriately deteriorated or malfunctioning components (or simulate a deteriorated or malfunctioning component) in an otherwise properly functioning test engine of an engine rating represented by the demonstration test engine(s) in order to test any of the components or systems required to be tested in section (i). Upon request by the Executive Officer, the manufacturer shall make available an engine and all test equipment (e.g., malfunction simulators, deteriorated components) necessary to duplicate the manufacturer's testing. The Executive Officer shall make the request within six months of reviewing and approving the demonstration test engine data submitted by the manufacturer for the specific engine rating. (j) Certification Documentation (1) When submitting an application for certification of an engine, the manufacturer shall submit the following documentation. If any of the items listed below are standardized for all of a manufacturer's engines, the manufacturer may, for each model year, submit one set of documents covering the standardized items for all of its engines. (1.1) For the required documentation not standardized across all engines, the manufacturer may propose to the Executive Officer that it be allowed to submit documentation for certification from one engine that is representative of other engines. The Executive Officer shall approve the engine as representative if the engine possesses the most stringent emission standards and OBD monitoring requirements and covers all of the emission control devices for the engines covered by the submitted documentation. Upon approval, this grouping shall be known as an "OBD certification documentation group". (1.2) With Executive Officer approval, one or more of the documentation requirements of section (j) may be waived or modified if the information required would be redundant or unnecessarily burdensome to generate. (1.3) To the extent possible, the certification documentation shall use SAE J1930 or J2403 terms, abbreviations, and acronyms. (2) The following information shall be submitted as part of the certification application. Except as provided below for demonstration data, the Executive Officer will not issue an Executive Order certifying the covered engines without the information having been provided. The information must include: (2.1) A description of the functional operation of the OBD system including a complete written description for each monitoring strategy that outlines every step in the decision-making process of the monitor. Algorithms, diagrams, samples of data, and/or other graphical representations of the monitoring strategy shall be included where necessary to adequately describe the information. (2.2) A table, in the standardized format detailed in Attachment A of ARB Mail-Out #95-20, May 22, 1995, incorporated by reference. (2.2.1) The table must include the following information for each monitored component or system (either computer-sensed or -controlled) of the emission control system: (A) Corresponding fault code (B) Monitoring method or procedure for malfunction detection (C) Primary malfunction detection parameter and its type of output signal (D) Fault criteria limits used to evaluate output signal of primary parameter (E) Other monitored secondary parameters and conditions (in engineering units) necessary for malfunction detection (F) Monitoring time length and frequency of checks (G) Criteria for storing fault code (H) Criteria for illuminating malfunction indicator light (I) Criteria used for determining out-of-range values and input component rationality checks (2.2.2) Wherever possible, the table shall use the following engineering units: (A) Degrees Celsius ( [FNo] C) for all temperature criteria (B) KiloPascals (KPa) for all pressure criteria related to manifold or atmospheric pressure (C) Grams (g) for all intake air mass criteria (D) Pascals (Pa) for all pressure criteria related to evaporative system vapor pressure (E) Miles per hour (mph) for all vehicle speed criteria (F) Relative percent (%) for all relative throttle position criteria (as defined in SAE J1979/J1939) (G) Voltage (V) for all absolute throttle position criteria (as defined in SAE J1979/J1939) (H) Per crankshaft revolution (/rev) for all changes per ignition event based criteria (e.g., g/rev instead of g/stroke or g/firing) (I) Per second (/sec) for all changes per time based criteria (e.g., g/sec) (J) Percent of nominal tank volume (%) for all fuel tank level criteria (2.3) A logic flowchart describing the step-by-step evaluation of the enable criteria and malfunction criteria for each monitored emission-related component or system. (2.4) Emission test data, a description of the testing sequence (e.g., the number and types of preconditioning cycles), approximate time (in seconds) of MIL illumination during the test, fault code(s) and freeze frame information stored at the time of detection, corresponding test results (e.g. SAE J1979 Mode/Service $06, SAE J1939 Diagnostic Message 8 (DM8)) stored during the test, and a description of the modified or deteriorated components used for fault simulation with respect to the demonstration tests specified in section (i). The freeze frame data are not required for engines subject to sections (d)(7.1.2) or (d)(7.2.3). The Executive Officer may approve conditional certification of an engine prior to the submittal of this data for ARB review and approval. Factors to be considered by the Executive Officer in approving the late submission of information identified in section (j)(2.4) shall include the reason for the delay in the data collection, the length of time until data will be available, and the demonstrated previous success of the manufacturer in submitting the data prior to certification. (2.5) For gasoline engines, data supporting the misfire monitor, including: (2.5.1) The established percentage of misfire that can be tolerated without damaging the catalyst over the full range of engine speed and load conditions. (2.5.2) Data demonstrating the probability of detection of misfire events of the misfire monitoring system over the full engine speed and load operating range for the following misfire patterns: random cylinders misfiring at the malfunction criteria established in section (f)(2.2.2), one cylinder continuously misfiring, and paired cylinders continuously misfiring. (2.5.3) Data identifying all disablement of misfire monitoring that occurs during the FTP. For every disablement that occurs during the cycles, the data should identify: when the disablement occurred relative to the driver's trace, the number of engine revolutions that each disablement was present for, and which disable condition documented in the certification application caused the disablement. (2.5.4) Manufacturers are not required to use the durability demonstration engine to collect the misfire data for sections (j)(2.5.1) through (2.5.3). (2.6) Data supporting the limit for the time between engine starting and attaining the designated heating temperature for after-start heated catalyst systems. (2.7) Data supporting the criteria used to detect a malfunction of the fuel system, EGR system, boost pressure control system, catalyst, NOx adsorber, PM filter, cold start emission reduction strategy, secondary air, evaporative system, VVT system, exhaust gas sensors, and other emission controls which causes emissions to exceed the applicable malfunction criteria specified in sections (e), (f), and (g). For diesel engine monitors in sections (e) and (g) that are required to indicate a malfunction before emissions exceed an emission threshold based on any applicable standard (e.g., 1.5 times any of the applicable standards), the test cycle and standard determined by the manufacturer to be the most stringent for each applicable monitor in accordance with section (d)(6.1). (2.8) A listing of all electronic powertrain input and output signals (including those not monitored by the OBD system) that identifies which signals are monitored by the OBD system. For input and output signals that are monitored as comprehensive components, the listing shall also identify the specific fault code for each malfunction criteria (e.g., out of range low, out of range high, open circuit, rationality low, rationality high). (2.9) A written description of all parameters and conditions necessary to begin closed-loop/feedback control of emission control systems (e.g., fuel system, boost pressure, EGR flow, SCR reductant delivery, PM filter regeneration, fuel system pressure). (2.10) A written identification of the communication protocol utilized by each engine for communication with an SAE J1978/J1939 scan tool. (2.11) A pictorial representation or written description of the diagnostic connector location including any covers or labels. (2.12) A written description of the method used by the manufacturer to meet the requirements of section (g)(2) for CV system monitoring including diagrams or pictures of valve and/or hose connections. (2.13) A written description of each AECD utilized by the manufacturer including the sensor signals and/or calculated values used to invoke each AECD, the engineering data and/or analysis demonstrating the need for such an AECD, the actions taken when each AECD is activated, the expected in-use frequency of operation of each AECD, and the expected emission impact from each AECD activation. (2.14) A written description of each NOx and PM NTE deficiency and emission carve-out utilized by the manufacturer including the sensor signals and/or calculated values used to invoke each NTE deficiency or carve-out, the engineering data and/or analysis demonstrating the need for such an NTE deficiency or carve-out, the actions taken when each NTE deficiency or carve-out is activated, the expected in-use frequency of operation of each NTE deficiency or carve-out, and the expected emission impact from each NTE deficiency or carve-out activation. (2.15) Build specifications provided to engine purchasers or chassis manufacturers detailing all specifications or limitations imposed on the engine purchaser relevant to OBD requirements or emission compliance (e.g., allowable MIL locations, connector location specifications, cooling system heat rejection rates). A description of the method or copies of agreements used to ensure engine purchasers or chassis manufacturers will comply with the OBD and emission relevant build specifications (e.g., signed agreements, required audit/evaluation procedures). (2.16) Any other information determined by the Executive Officer to be necessary to demonstrate compliance with the requirements of this regulation. (k) Deficiencies (1) The Executive Officer, upon receipt of an application from the manufacturer, may certify OBD systems installed on engines even though the systems do not comply with one or more of the requirements of title 13, CCR section 1971.1. In granting the certification, the Executive Officer shall consider the following factors: the extent to which the requirements of section 1971.1 are satisfied overall based on a review of the engine applications in question, the relative performance of the resultant OBD system compared to systems fully compliant with the requirements of section 1971.1, and a demonstrated good-faith effort on the part of the manufacturer to: (1) meet the requirements in full by evaluating and considering the best available monitoring technology; and (2) come into compliance as expeditiously as possible. (2) For 2013 and subsequent model year engines, manufacturers of OBD systems for which deficiencies have been granted are subject to fines pursuant to section 43016 of the California Health and Safety Code. The specified fines apply to: (1) the third and subsequently identified deficiency(ies), ordered according to section (k)(3), and (2) a monitoring system deficiency where a required monitoring strategy is completely absent from the OBD system. (3) The fines for engines specified in section (k)(2) above are in the amount of $50 per deficiency per engine for non-compliance with any of the monitoring requirements specified in sections (e), (f), and (g)(4), and $25 per deficiency per engine for non-compliance with any other requirement of section 1971, 1. In determining the identified order of deficiencies, deficiencies subject to a $50 fine are identified first. Total fines per engine under section (k) may not exceed $500 per engine and are payable to the State Treasurer for deposit in the Air Pollution Control Fund. (4) Manufacturers must re-apply for Executive Officer approval of a deficiency each model year. In considering the request to carry-over a deficiency, the Executive Officer shall consider the factors identified in section (k)(1) including the manufacturer's progress towards correcting the deficiency. The Executive Officer may not allow manufacturers to carry over monitoring system deficiencies for more than two model years unless it can be demonstrated that substantial engine hardware modifications and additional lead time beyond two years would be necessary to correct the deficiency, in which case the Executive Officer shall allow the deficiency to be carried over for three model years. (5) Except as allowed in section (k)(6), deficiencies may not be retroactively granted after certification. (6) Request for retroactive deficiencies (6.1) During the first 6 months after commencement of normal production, manufacturers may request that the Executive Officer grant a deficiency and amend an engine's certification to conform to the granting of the deficiencies for each aspect of the monitoring system: (a) identified by the manufacturer (during testing required by section (l)(2) or any other testing) to be functioning different than the certified system or otherwise not meeting the requirements of any aspect of section 1971.1; and (b) reported to the Executive Officer. If the Executive Officer grants the deficiencies and amended certification, their approval would be retroactive to the start of production. (6.2) Executive Officer approval of the request for a retroactive deficiency shall be granted provided that the conditions necessary for a pre-certification deficiency determination are satisfied (see section (k)(1)) and the manufacturer could not have reasonably anticipated the identified problem before commencement of production. (6.3) In granting the amended certification, the Executive Officer shall include any approved post-production deficiencies together with all previously approved deficiencies in computing fines in accordance with section (k)(2). (l) Production Engine/Vehicle Evaluation Testing (1) Verification of Standardized Requirements. (1.1) Requirement: Manufacturers shall perform testing to verify that 2013 and subsequent model year production vehicles meet the requirements of section (h)(3) and (h)(4) relevant to proper communication of required emission-related messages to an SAE J1978/J1939 scan tool. (1.2) Selection of Test Vehicles: (1.2.1) Engine manufacturers shall perform this testing every model year on ten unique production vehicles (i.e., engine rating and chassis application combination) per engine family. If there are less than ten unique production vehicles for a certain engine family, the manufacturer shall test each unique production vehicle in that engine family. Manufacturers shall perform this testing within either three months of the start of engine production or one month of the start of vehicle production, whichever is later. Manufacturers may request Executive Officer approval to group multiple production vehicles together and test one representative vehicle per group. The Executive Officer shall approve the request upon finding that the software and hardware designed to comply with the standardization requirements of section (h) (e.g., communication protocol message timing, number of supported data stream parameters, engine and vehicle communication network architecture) in the representative vehicle are identical to all others in the group and that any differences in the production vehicles are not relevant with respect to meeting the criteria in section (l)(1.4). (1.2.2) For 2016 and subsequent model year engines, the Executive Officer shall reduce the maximum required number of vehicles to be tested from ten per engine family to five per engine family for a manufacturer based on the demonstrated previous success of the manufacturer to meet the requirements of section (l)(1). For purposes of this requirement, a manufacturer shall be determined to be successful in meeting the requirements of section (l)(1) if zero vehicles fail the testing required by section (l)(1) for two consecutive years. (1.2.3) For 2019 and subsequent model year engines, the Executive Officer shall further reduce the maximum required number of vehicles to be tested to three per engine family for a manufacturer based on the demonstrated previous success of the manufacturer to meet the requirements of section (l)(1). For purposes of this requirement, a manufacturer shall be determined to be successful in meeting the requirements of section (l)(1) if zero vehicles fail the testing required by section (l)(1) for three consecutive years. (1.2.4) The Executive Officer may waive the requirement for submittal of data from one or more of the production vehicles if data have been previously submitted for all of the production vehicles. Manufacturers may request Executive Officer approval to carry over data collected in previous model years. The Executive Officer shall approve the request upon finding that the software and hardware designed to comply with the standardization requirements of section (h) are identical to the previous model year and no other hardware or software changes that affect compliance with the standardization requirements have been made. (1.3) Test Equipment: For the testing required in section (l)(1), manufacturers shall utilize an off-board device to conduct the testing. Prior to conducting testing, manufacturers are required to request and receive Executive Officer approval of the off-board device that the manufacturer will use to perform the testing. The Executive Officer shall approve the request upon determining that the manufacturer has submitted data, specifications, and/or engineering analysis that demonstrate that the off-board device is able to verify that vehicles tested are able to perform all of the required functions in section (l)(1.4) with any other off-board device designed and built in accordance with the SAE J1978/J1939 generic scan tool specifications. (1.4) Required Testing: (1.4.1) The testing shall verify that communication can be properly established between all emission-related on-board computers and any SAE J1978/J1939 scan tool designed to adhere strictly to the communication protocols allowed in section (h)(3); (1.4.2) The testing shall verify that all emission-related information is properly communicated between all emission-related on-board computers and any SAE J1978/J1939 scan tool in accordance with the requirements of section (h) and the applicable ISO and SAE specifications including specifications for physical layer, network layer, message structure, and message content. (1.4.3) The testing shall further verify that the following information can be properly communicated to any SAE J1978/J1939 scan tool: (A) The current readiness status from all on-board computers required to support readiness status in accordance with SAE J1979/J1939-73 and section (h)(4.1) in the key on, engine off position and while the engine is running; (B) The MIL command status while the MIL is commanded off and while the MIL is commanded on in accordance with SAE J1979/J1939 and section (h)(4.2) in the key on, engine off position and while the engine is running, and in accordance with SAE J1979/J1939 and sections (d)(2.1.2) during the MIL functional check and, if applicable, (h)(4.1.3) during the MIL readiness status check while the engine is off; (C) All data stream parameters required in section (h)(4.2) in accordance with SAE J1979/J1939 including, if applicable, the proper identification of each data stream parameter as supported in SAE J1979 (e.g., Mode/Service $01, PID $00); (D) The CAL ID, CVN, and VIN in accordance with SAE J1979/J1939 and sections (h)(4.6) through (4.8); (E) An emission-related fault code (permanent, confirmed, pending, MIL-on, and previously MIL-on) in accordance with SAE J1979/J1939-73 (including correctly indicating the number of stored fault codes (e.g., Mode/Service $01, PID $01, Data A for SAE J1979)) and section (h)(4.4); (1.4.4) The testing shall also verify that the on-board computer(s) can properly respond to any SAE J1978/J1939 scan tool request to clear emission-related fault codes and reset readiness status in accordance with section (h)(4.9). (1.5) Reporting of Results: (1.5.1) The manufacturer shall submit to the Executive Officer the following, based on the results of testing: (A) If a variant meets all the requirements of section (l)(1.4), a statement specifying that the variant passed all the tests, or (B) If any variant does not meet the requirements of section (l)(1.4), a written report to the Executive Officer for approval within one month of testing the specific variant. The written report shall include the problem(s) identified and the manufacturer's proposed corrective action (if any) to remedy the problem(s). Factors to be considered by the Executive Officer in approving the proposed corrective action shall include the severity of the problem(s), the ability of the vehicle to be tested in a California inspection program (e.g., roadside inspection, fleet self-inspection program), the ability of service technicians to access the required diagnostic information, the impact on equipment and tool manufacturers, and the amount of time prior to implementation of the proposed corrective action. (1.5.2) Upon request of the Executive Officer, a manufacturer shall submit a report of the results of any testing conducted pursuant to section (l)(1) to the Executive Officer for review. (1.5.3) In accordance with section (k)(6), manufacturers may request Executive Officer approval for a retroactive deficiency to be granted for items identified during this testing. (1.6) Alternative Testing Protocols. Manufacturers may request Executive Officer approval to use other testing protocols. The Executive Officer shall approve the protocol if the manufacturer can demonstrate that the alternate testing methods and equipment provide an equivalent level of verification of compliance with the standardized requirements to the requirements of section (l)(1). (2) Verification of Monitoring Requirements. (2.1) Within either the first six months of the start of engine production or the first three months of the start of vehicle production, whichever is later, manufacturers shall conduct a complete evaluation of the OBD system of one or more production vehicles (test vehicles) and submit the results of the evaluation to the Executive Officer. (2.2) Selection of test vehicles: (2.2.1) For each engine selected for monitoring system demonstration in section (j), the manufacturer shall evaluate one production vehicle equipped with an engine from the same engine family and rating as the demonstration engine. The Executive Officer shall select the specific production vehicle(s) to be tested. (2.2.2) A manufacturer required to test more than one test vehicle may test an engine in lieu of a vehicle for all but one of the required test vehicles. (2.2.3) The Executive Officer may waive the requirements for submittal of evaluation results from one or more of the test vehicles if data have been previously submitted for all of the engine ratings and variants. (2.3) Evaluation requirements: (2.3.1) The evaluation shall demonstrate the ability of the OBD system on the selected production vehicle to detect a malfunction, illuminate the MIL, and, where applicable, store an appropriate fault code readable by a scan tool conforming to SAE J1978/J1939 when a malfunction is present and the monitoring conditions have been satisfied for each individual diagnostic required by title 13, CCR section 1971.1. (2.3.2) The evaluation shall verify that malfunctions detected by non-MIL illuminating diagnostics of components used to enable any other OBD system diagnostic (e.g., fuel level sensor) will not inhibit the ability of other OBD system diagnostics to properly detect malfunctions. (2.3.3) The evaluation shall verify that the software used to track the numerator and denominator for purposes of determining in-use monitoring frequency correctly increments as required in section (d)(4). (2.3.4) Malfunctions may be mechanically implanted or electronically simulated but internal on-board computer hardware or software changes may not be used to simulate malfunctions. For monitors that are required to indicate a malfunction before emissions exceed an emission threshold based on any applicable standard (e.g., 2.0 times any of the applicable standards), manufacturers are not required to use malfunctioning components/systems set exactly at their malfunction criteria limits. Emission testing to confirm that the malfunction is detected before the appropriate emission standards are exceeded is not required. (2.3.5) Manufacturers shall submit a proposed test plan for Executive Officer approval prior to evaluation testing being performed. The test plan shall identify the method used to induce a malfunction for each diagnostic. If the Executive Officer determines that the requirements of section (l)(2) are satisfied, the proposed test plan shall be approved. (2.3.6) Subject to Executive Officer approval, manufacturers may omit demonstration of specific diagnostics. The Executive Officer shall approve a manufacturer's request if the demonstration cannot be reasonably performed without causing physical damage to the vehicle (e.g., on-board computer internal circuit faults). (2.3.7) For evaluation of test vehicles selected in accordance with section (l)(2.2), manufacturers are not required to demonstrate diagnostics that were previously demonstrated prior to certification as required in section (i). (2.4) Manufacturers shall submit a report of the results of all testing conducted pursuant to section (l)(2) to the Executive Officer for review. This report shall identify the method used to induce a malfunction in each diagnostic, the MIL illumination status, and the fault code(s) stored. (2.5) In accordance with section (k)(6), manufacturers may request Executive Officer approval for a retroactive deficiency to be granted for items identified during this testing. (3) Verification and Reporting of In-use Monitoring Performance. (3.1) Manufacturers are required to collect and report in-use monitoring performance data representative of production vehicles (i.e., engine rating and chassis application combination). Manufacturers shall collect and report the data to the ARB within twelve months after the production vehicles were first introduced into commerce. (3.2) Manufacturers shall separate production vehicles into monitoring performance groups, as defined by sections (l)(3.2.1) and (3.2.2) below, and submit data representative of each group: (3.2.1) Emission architecture. Engines shall be separated by emission architecture. All engines that use the same or similar emission control architecture and monitoring system shall be in the same emission architecture category. (3.2.2) Monitoring performance group. Within an emission architecture category, engines shall be separated by vehicle application. The separate monitoring performance groups shall be based on three classifications: engines intended primarily for line-haul chassis applications, engines intended primarily for urban delivery chassis applications, and all other engines. (3.3) Manufacturers may request Executive Officer approval to use an alternate grouping method to collect representative data. Executive Officer approval shall be granted upon determining that the proposed groupings include production vehicles using similar emission controls, OBD strategies, monitoring condition calibrations, and vehicle application driving/usage patterns such that they are expected to have similar in-use monitoring performance. If approved by the Executive Officer, the manufacturer may submit one set of data for each of the approved groupings. (3.4) For each group, the data must include all of the in-use performance tracking data reported through SAE J1979/J1939 (i.e., all numerators, denominators, the general denominator, and the ignition cycle counter), the date the data were collected, the odometer reading, the VIN, and the ECM software calibration identification number. (3.5) Manufacturers shall submit a plan to the Executive Officer for review and approval that details the types of production vehicles in each group, the number of vehicles per group to be sampled, the sampling method, the time line to collect the data, and the reporting format. The Executive Officer shall approve the plan upon determining that it provides for effective collection of data from a sample of vehicles that, at a minimum, is fifteen vehicles per group, will likely result in the collection and submittal of data within the required time frame, will generate data that are representative of California drivers and temperatures, and does not, by design, exclude or include specific vehicles in an attempt to collect data only from vehicles with the highest in-use performance ratios. (3.6) Upon request of the manufacturer, the Executive Officer may for good cause extend the twelve month time requirement set forth in section (l)(3.1) up to a maximum of eighteen months. In granting additional time, the Executive Officer shall consider, among other things, information submitted by the manufacturer to justify the delay, sales volume of the group(s), and the sampling mechanism utilized by the manufacturer to procure vehicles for data collection. If an extension beyond twelve months is granted, the manufacturer shall additionally be required to submit an interim report within twelve months for data collected up to the time of the interim report. (m) Intermediate In-Use Compliance Standards (1) For 2010 through 2012 model year engines: (1.1) For monitors that are required to indicate a malfunction before emissions exceed a certain emission threshold (e.g., 2.5 times any of the applicable standards): (1.1.1) On the OBD parent rating (i.e., the engine rating subject to the "full OBD" requirement under section (d)(7.1.1)), the Executive Officer may not consider an OBD system noncompliant unless a representative sample indicates emissions exceed 2.0 times the malfunction criteria (e.g., 5.0 times the standard if the malfunction criterion is 2.5 times the standard) without MIL illumination on either of the applicable standards (i.e., FTP or SET). (1.1.2) On the OBD child ratings (i.e., the engine ratings subject to the "extrapolated OBD" requirement under section (d)(7.1.2)), the Executive Officer may not consider an OBD system noncompliant based on emission levels. (1.2) The Executive Officer shall use only the test cycle and standard determined and identified by the manufacturer at the time of certification in accordance with section (d)(6.1) as the most stringent for purposes of determining OBD system noncompliance in section (m)(1.1.1). (2) For 2013 through 2015 model year engines: (2.1) For monitors that are required to indicate a malfunction before emissions exceed a certain emission threshold (e.g., 2.0 times any of the applicable standards): (2.1.1) On all OBD parent ratings and OBD child ratings subject to section (d)(7.2.2), the Executive Officer may not consider an OBD system noncompliant unless a representative sample indicates emissions exceed 2.0 times the malfunction criteria (e.g., 4.0 times the standard if the malfunction criterion is 2.0 times the standard) without MIL illumination on either of the applicable standards (i.e., FTP or SET). (2.1.2) On all other engine ratings, the Executive Officer may not consider an OBD system noncompliant based on emission levels. (2.2) The Executive Officer shall use only the test cycle and standard determined and identified by the manufacturer at the time of certification in accordance with section (d)(6.1) as the most stringent for purposes of determining OBD system noncompliance in section (m)(2.1.1). (2.3) For monitors subject to meeting the minimum in-use monitor performance ratio of 0.100 in section (d)(3.2.2), the Executive Officer may not consider an OBD system noncompliant unless a representative sample indicates the in-use ratio is below 0.050. (3) For 2016 through 2019 model year engines: (3.1) For monitors of the PM filter subject to the malfunction criteria of section (e)(8.2.1)(B), the Executive Officer may not consider the PM filter monitor noncompliant with the malfunction threshold of section (e)(8.2.1)(B) unless a representative sample indicates emissions exceed 2.0 times the malfunction criteria (e.g., PM emission level of 0.06 g/bhp-hr if the malfunction criterion is 0.03 g/bhp-hr) without MIL illumination on either of the applicable standards (i.e., FTP or SET). (3.2) For all engine ratings subject to section (d)(7.2.3) for extrapolated OBD in 2013 through 2015, the Executive Officer may not consider an OBD system noncompliant unless a representative sample indicates emissions exceed 2.0 times the malfunction criteria (e.g., 4.0 times the standard if the malfunction criterion is 2.0 times the standard) without MIL illumination on either of the applicable standards (i.e., FTP or SET), (4) For 2010 and subsequent model year engines, the Executive Officer may not consider an OBD system noncompliant solely due to a failure or deterioration mode of a monitored component or system that could not have been reasonably foreseen to occur by the manufacturer. _________ [FN1] Unless otherwise noted, all section references refer to section 1971.1 of title 13, CCR. Note: Authority cited: Sections 39600, 39601, 43000.5, 43013, 43018, 43100, 43101, 43104, 43105, 43105.5 and 43106, Health and Safety Code. Reference: Sections 39002, 39003, 39010-39060, 39515, 39600-39601, 43000, 43000.5, 43004, 43006, 43013, 43016, 43018, 43100, 43101, 43102, 43104, 43105, 43105.5, 43106, 43150-43156, 43204, 43211 and 43212, Health and Safety Code. s 1975. Standards and Test Procedures for Crankcase Emissions. Standards for crankcase emissions are those set forth in 40 Code of Federal Regulations, Part 85, Subparts A, C, and H, as it existed on June 20, 1973. These standards are enforced in California pursuant to Section 43008 of the Health and Safety Code. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43008, 43013, 43600 and 43651, Health and Safety Code. s 1976. Standards and Test Procedures for Motor Vehicle Fuel Evaporative Emissions. (a) Fuel evaporative emissions from 1970 through 1977 model passenger cars and light-duty trucks are set forth in Title 40, Code of Federal Regulations, Part 86, Subparts A and C, as it existed on June 20, 1973. These standards are enforced in California pursuant to section 43008 of the Health and Safety Code. (b)(1) Evaporative emissions for 1978 and subsequent model gasoline-fueled, 1983 and subsequent model liquified petroleum gas-fueled, and 1993 and subsequent model alcohol-fueled motor vehicles and hybrid electric vehicles subject to exhaust emission standards under this article, except petroleum-fueled diesel vehicles, compressed natural gas-fueled vehicles, hybrid electric vehicles that have sealed fuel systems which can be demonstrated to have no evaporative emissions, and motorcycles, shall not exceed the following standards. (A) For vehicles identified below, tested in accordance with the test procedure based on the Sealed Housing for Evaporative Determination as set forth in Title 40, Code of Federal Regulations, sections 86.130-78 through 86.143- 90 as they existed July 1, 1989, the evaporative emission standards are: Hydrocarbons [FN1] Diurnal + Hot Soak (grams/test) Vehicle Type Model Year 50K miles Passenger cars 1978 and 1979 6.0 Light-duty trucks 6.0 Medium-duty vehicles 6.0 Heavy-duty vehicles 6.0 Passenger cars 1980-1994 [FN2] 2.0 Light-duty trucks 2.0 Medium-duty vehicles 2.0 Heavy-duty vehicles 2.0 [FN1] Organic Material Hydrocarbon Equivalent, for alcohol-fueled vehicles. [FN2] Other than hybrid electric vehicles. (B) For the vehicles identified below, tested in accordance with the test procedure which includes the running loss test, the hot soak test, and the 72 hour diurnal test, the evaporative emission standards are: Hydrocarbons [FN1] Three-Day Running Loss Diurnal + Hot Soak (grams/mile) (grams/test) Vehicle Type Model Useful Life Useful Life Year [FN2] [FN2] Passenger cars 1995 2.0 0.05 through 2005 [FN3] Light-duty trucks 2.0 0.05 Medium-duty vehicles (6,001-8,500 lbs. GVWR) with fuel tanks < 30 gallons 2.0 0.05 with fuel tanks> 30 gallons 2.5 0.05 (8,501-14,000 lbs. GVWR)<>4 3.0 0.05 Heavy-duty vehicles 2.0 0.05 (over 14,000 lbs. GVWR) Hybrid electric passenger cars 1993 2.0 0.05 through 2005 [FN5] Hybrid electric light-duty trucks 2.0 0.05 Hybrid electric medium-duty vehicles 2.0 0.05 [FN1] Organic Material Hydrocarbon Equivalent, for alcohol-fueled vehicles. [FN2] For purposes of this paragraph, "useful life" shall have the same meaning as provided in section 2112, Title 13, California Code of Regulations. Approval of vehicles which are not exhaust emission tested using a chassis dynamometer pursuant to section 1960.1 or 1961, Title 13, California Code of Regulations shall be based on an engineering evaluation of the system and data submitted by the applicant. [FN3] The running loss and useful life three-day diurnal plus hot soak evaporative emission standards (hereinafter "running loss and useful life standards") shall be phased in beginning with the 1995 model year. Each manufacturer, except ultra-small volume and small volume manufacturers, shall certify the specified percent (a) of passenger cars and (b) of light-duty trucks, medium-duty vehicles and heavy-duty vehicles to the running loss and useful life standards according to the following schedule: Minimum Percentage of Vehicles Model Certified to Running Loss and Year Useful Life Standards [FNa1] ----- ------------------------------ 1995 10 percent 1996 30 percent 1997 50 percent --------- [FNa1] The minimum percentage of motor vehicles of each vehicle type required to be certified to the running loss and useful life standards shall be based on the manufacturer's projected California model-year sales (a) of passenger cars and (b) of light-duty trucks, medium-duty vehicles and heavy-duty vehicles. Optionally, the percentage of motor vehicles can also be based on the manufacturer's projected California model-year sales (a) of passenger cars and light-duty trucks and (b) of medium-duty vehicles and heavy-duty vehicles. [FNbeginning] with the 1998 model year, all motor vehicles subject to the running loss and useful life standards, except those produced by ultra-small volume manufacturers, shall be certified to the specified standards. In the 1999 through 2005 model years, all motor vehicles subject to the running loss and useful life standards, including those produced by ultra-small volume manufacturers, shall be certified to the specified standards. [FNall] 1995 through 1998 model-year motor vehicles which are not subject to running loss and useful life standards pursuant to the phase-in schedule shall comply with the 50,000-mile standards in effect for 1980 through 1994 model-year vehicles. [FN4] For the 1995 model year only, the evaporative emission standards for complete vehicles in this weight range shall be 2.0 grams/test and compliance with the evaporative emission standards shall be based on the SHED conducted in accordance with the procedures set forth in Title 40, Code of Federal Regulations, sections 86.130-78 through 86.143-90 as they existed July 1, 1989. For the 1995 through 2005 model years, the evaporative emission standards for incomplete vehicles in this weight range shall be 2.0 grams/test and compliance with the evaporative emission standards shall be based on the test procedures specified in paragraph 4.g. of the "California Evaporative Emission Standards and Test Procedures for 1978 and Subsequent Model Motor Vehicles." [FN5] The running loss and useful life standards for all hybrid electric vehicles shall be effective beginning in the 1993 model year. (C) For vehicles identified below, tested in accordance with the test procedure which includes the hot soak test and the 48 hour diurnal test, the evaporative emission standards are: Hydrocarbons [FN1] Two-Day Diurnal + Hot Soak (grams/test) Vehicle Type Model Year Useful Life [FN2] Passenger cars 1996 through 2.5 Light-duty trucks 2005 [FN3] 2.5 Medium-duty vehicles (6.001 - 8,500 lbs. GVWR) with fuel tanks < 30 gallons 2.5 with fuel tanks> 30 gallons 3.0 (8,501 - 14,000 lbs. GVWR) 3.5 Heavy-duty vehicles 4.5 (over 14,000 lbs. GVWR) Hybrid electric passenger cars 1996 through 2.5 Hybrid electric light-duty trucks 2005 [FN3] 2.5 Hybrid electric medium-duty vehicles 2.5 [FN1] Organic Material Hydrocarbon Equivalent for alcohol-fueled vehicles. [FN2] For purposes of this paragraph, "useful life" shall have the same meaning as provided in section 2112, Title 13, California Code of Regulations. Approval of vehicles which are not exhaust emission tested using a chassis dynamometer pursuant to section 1960.1 or 1961, Title 13, California Code of Regulations shall be based on an engineering evaluation of the system and data submitted by the applicant. [FN3] The two-day diurnal plus hot soak evaporative emission standards (hereinafter "supplemental standards") shall be phased-in beginning with the 1996 model year. Those vehicles certified under the running loss and useful life standards for the 1996 through 2005 model years must also be certified under the supplemental standards. (D) Zero-emission vehicles shall produce zero fuel evaporative emissions under any and all possible operational modes and conditions. (E) The optional zero-fuel evaporative emission standards for the three-day and two-day diurnal-plus-hot-soak tests are 0.35 grams per test for passenger cars, 0.50 grams per test for light-duty trucks 6,000 lbs. GVWR and under, and 0.75 grams per test for light-duty trucks from 6,001 to 8,500 lbs. GVWR, to account for vehicle non-fuel evaporative emissions (resulting from paints, upholstery, tires, and other vehicle sources). Vehicles demonstrating compliance with these evaporative emission standards shall also have zero (0.0) grams of fuel evaporative emissions per test for the three-day and two-day diurnal-plus-hot-soak tests. The "useful life" shall be 15 years or 150,000 miles, whichever occurs first. In lieu of demonstrating compliance with the zero (0.0) grams of fuel evaporative emissions per test over the three-day and two-day diurnal-plus-hot-soak tests, the manufacturer may submit for advance Executive Officer approval a test plan to demonstrate that the vehicle has zero (0.0) grams of fuel evaporative emissions throughout its useful life. Additionally, in the case of a SULEV vehicle for which a manufacturer is seeking a partial ZEV credit, the manufacturer may prior to certification elect to have measured fuel evaporative emissions reduced by a specified value in all certification and in-use testing of the vehicle as long as measured mass exhaust emissions of NMOG for the vehicle are increased in all certification and in-use testing. The measured fuel evaporative emissions shall be reduced in increments of 0.1 gram per test, and the measured mass exhaust emissions of NMOG from the vehicle shall be increased by a gram per mile factor, to be determined by the Executive Officer, for every 0.1 gram per test by which the measured fuel evaporative emissions are reduced. For the purpose of this calculation, the evaporative emissions shall be measured, in grams per test, to a minimum of three significant figures. (F) For the 2004 and subsequent model motor vehicles identified below, tested in accordance with the test procedures described in Title 40, Code of Federal Regulations, sections 86.130-78 through 86.143-90 as they existed July 1, 1989 and as modified by the "California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles" incorporated by reference in section 1976(c), the evaporative emission standards are: Vehicle Type Hydrocarbon [FN1] Standards [FN2 3 4] Running Loss Three Day Diurnal Two-Day Diurnal (grams per + Hot Soak + Hot Soak mile) (grams per test) (grams per test) Passenger cars 0.05 0.50 0.65 Light-duty trucks (under 8,501 lbs. GVWR) 6,000 lbs. GVWR 0.05 0.65 0.85 and under 6,001 - 8,500 0.05 0.90 1.15 lbs. GVWR Medium-duty vehicles 0.05 1.00 1.25 (8,501 - 14,000 lbs. GVWR) Heavy-duty vehicles 0.05 1.00 1.25 (over 14,000 lbs. GVWR) [FN1] Organic Material Hydrocarbon Equivalent for alcohol-fueled vehicles. [FN2] For all vehicles certified to these standards, the "useful life" shall be 15 years or 150,000 miles, whichever first occurs. Approval of vehicles which are not exhaust emission tested using a chassis dynamometer pursuant to section 1960.1 or 1961, title 13, California Code of Regulations shall be based on an engineering evaluation of the system and data submitted by the applicant. [FN3] (a) These evaporative emission standards shall be phased-in beginning with the 2004 model year. Each manufacturer, except small volume manufacturers, shall certify at a minimum the specified percentage of its vehicle fleet to the evaporative emission standards in this table or the optional zero-evaporative emission standards in section 1976(b)(1)(E) according to the schedule set forth below. For purposes of this paragraph (a), each manufacturer's vehicle fleet consists of the total projected California sales of the manufacturer's gasoline-fueled, liquefied petroleum-fueled and alcohol-fueled passenger cars, light-duty trucks, medium-duty vehicles, and heavy-duty vehicles. Minimum Percentage of Vehicles Certified to the Standards in Model Year ss 1976(b)(1)(F) and (b)(1)(E) 2004 40 2005 80 2006 and subsequent 100 [FNa] small volume manufacturer shall certify 100 percent of its 2006 and subsequent model vehicle fleet to the evaporative emission standards in the table or the optional zero-evaporative emission standards in section 1976(b)(1)(E). [FNa] ll 2004 through 2005 model-year motor vehicles which are not subject to these standards or the standards in section 1976(b)(1)(E) pursuant to the phase-in schedule shall comply with the requirements of sections 1976(b)(1)(B) and (C). [FNb] A manufacturer may use an "Alternative or Equivalent Phase-in Schedule" to comply with the phase-in requirements. An "Alternative Phase-in" is one that achieves at least equivalent emission reductions by the end of the last model year of the scheduled phase-in. Model-year emission reductions shall be calculated by multiplying the percent of vehicles (based on the manufacturer's projected California sales volume of the applicable vehicle fleet) meeting the new requirements per model year by the number of model years implemented prior to and including the last model year of the scheduled phase-in. The "cumulative total" is the summation of the model-year emission reductions (e.g., the three model-year 40/80/100 percent phase-in schedule would be calculated as: (40%*3 years) + (80%*2 years) + (100%*1 year) =380). The required cumulative total for the phase-in of these standards is 380 emission reductions. Any alternative phase-in that results in an equal or larger cumulative total than the required cumulative total by the end of the last model year of the scheduled phase-in shall be considered acceptable by the Executive Officer only if all vehicles subject to the phase-in comply with the respective requirements in the last model year of the required phase-in schedule. A manufacturer shall be allowed to include vehicles introduced before the first model year of the scheduled phase-in (e.g., in the previous example, 10 percent introduced one year before the scheduled phase-in begins would be calculated as: (10%*4 years)=40) and added to the cumulative total. [FNc] These evaporative emission standards do not apply to zero-emission vehicles. [FN4] In-use compliance whole vehicle testing shall not begin until the motor vehicle is at least one year from the production date and has accumulated a minimum of 10,000 miles. For vehicles introduced prior to the 2007 model year, in-use compliance standards of 1.75 times the "Three-Day Diurnal + Hot-Soak" and "Two-Day Diurnal + Hot-Soak" gram per test standards shall apply for only the first three model years of an evaporative family certified to a new standard. (b)(2) Evaporative emissions for gasoline-fueled motorcycles subject to exhaust emission standards under this article shall not exceed: Hydrocarbons Motorcycle Class Model Year (grams per test) Class I and II (50-279cc) 1983 and 1984 6.0 1985 and subsequent 2.0 Class III (280cc and larger) 1984 and 1985 6.0 1986 and subsequent 2.0 Class III (280cc and larger) (Optional Standard for Small- Volume Motorcycle 1986-1988 6.0 Manufacturers) (c) The test procedures for determining compliance with the standards in subsection (b) above applicable to 1978 through 2000 model year vehicles are set forth in "California Evaporative Emission Standards and Test Procedures for 1978-2000 Model Motor Vehicles," adopted by the state board on April 16, 1975, as last amended August 5, 1999, which is incorporated herein by reference. The test procedures for determining compliance with standards applicable to 2001 and subsequent model year vehicles are set forth in the "California Evaporative Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles," adopted by the state board on August 5, 1999, which is incorporated herein by reference. (d) Motorcycle engine families certified to 0.2 grams per test or more below the applicable standards shall be exempted from the state board's "Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks" pursuant to section 2235, Title 13, California Code of Regulations. (e) Small volume motorcycle manufacturers electing to certify 1986, 1987, or 1988 model-year Class III motorcycles in accordance with the optional 6.0 grams per test evaporative emission standard shall submit, with the certification application, a list of the motorcycle models for which it intends to seek California certification and estimated sales data for such models. In addition, each such manufacturer shall, on or before July 1 of each year in which it certifies motorcycles under the optional standard, submit a report describing its efforts and progress toward meeting the more stringent evaporative emission standards. The report shall also contain a description of the manufacturer's current hydrocarbon evaporative emission control development status, along with supporting test data, and shall summarize future planned development work. (f)(1) For purposes of this section, "small volume motorcycle manufacturer" means a manufacturer which sells less than 5,000 new motorcycles per year in California. (2) For the purposes of this section, "ultra-small volume manufacturer" means any vehicle manufacturer with California sales less than or equal to 300 new vehicles per model year based on the average number of vehicles sold by the manufacturer in the previous three consecutive model years, and "small volume manufacturer" means, for 1978 through 2000 model years, any vehicle manufacturer with California sales less than or equal to 3000 new vehicles per model year based on the average number of vehicles sold by the manufacturer in the previous three consecutive model years. For 2001 and subsequent model motor vehicles, "small volume manufacturer" has the meaning set forth in section 1900(a). Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018, 43101, 43104 and 43107, Health and Safety Code. Reference: Sections 39003, 39500, 39667, 43000, 43013, 43018, 43100, 43101, 43102, 43104 and 43107, Health and Safety Code. s 1977. Certification and Service Documents -1993 and Subsequent Model Motor Vehicles. (a) In addition to all other requirements, all documents required by California certification procedures including emission-related vehicles and engine service procedures shall conform to the emission related nomenclature and abbreviations provided in the Society of Automotive Engineers' procedure J1930, "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations and Acronyms", September 1991, which is incorporated herein by reference. (b) Subsection (a) shall apply to all new documents printed or updated by a manufacturer starting with the 1993 model year. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 43100, 43101, 43102, 43104, 43107, and 43200, Health and Safety Code. s 1978. Standards and Test Procedures for Vehicle Refueling Emissions. (a)(1) Vehicle refueling emissions for 1998 and subsequent model gasoline-fueled, alcohol-fueled, diesel-fueled, liquefied petroleum gas-fueled, fuel-flexible, and hybrid electric passenger cars, light-duty trucks, and medium-duty vehicles with a gross vehicle weight rating less than 8501 pounds, shall not exceed the following standards. Natural gas-fueled vehicles are exempt from meeting these refueling standards, but the refueling receptacles on natural gas-fueled vehicles must comply with the receptacle provisions of the American National Standards Institute/American Gas Association Standard for Compressed Natural Gas Vehicle Fueling Connection Devices, ANSI/AGA NGV1 standard-1994, which is incorporated herein by reference. The standards apply equally to certification and in-use vehicles. Hydrocarbons (for gasoline-fueled, diesel-fueled, and hybrid electric vehicles): 0.20 grams per gallon of fuel dispensed. Organic Material Hydrocarbon Equivalent (for alcohol-fueled, fuel-flexible, and hybrid electric vehicles): 0.20 grams per gallon of fuel dispensed. Hydrocarbons (for liquefied petroleum gas-fueled vehicles): 0.15 gram per gallon of fuel dispensed. (2) Vehicles powered by diesel fuel are not required to conduct testing to demonstrate compliance with the refueling emission standards set forth above, provided that all of the following provisions are met: (A) The manufacturer can attest to the following evaluation: "Due to the low vapor pressure of diesel fuel and the vehicle tank temperatures, hydrocarbon vapor concentrations are low and the vehicle meets the 0.20 grams/gallon refueling emission standard without a control system." (B) The certification requirement described in paragraph (A) is provided in writing and applies for the full useful life of the vehicle, as defined in section 2112. In addition to the above provisions, the ARB reserves the authority to require testing to enforce compliance and to prevent noncompliance with the refueling emission standard. Vehicles certified to the refueling emission standard under this provision shall not be counted in the phase-in sales percentage compliance determinations. (3) The manufacturer shall adhere to the following phase-in schedule, as determined by projected vehicle sales throughout the United States, with the exception of small volume manufacturers. ORVR Model Year Phase-In Schedule Class of Vehicle 40% Fleet 80% Fleet 100% Fleet Passenger Cars 1998 1999 2000 Light-Duty Trucks 2001 2002 2003 0-6,000 lbs. GVWR Light-Duty Trucks/ 2004 2005 2006 Medium-Duty Vehicles (6,001-8,500 lbs. GVWR) (A) Prior to the 2001 model year, small volume manufacturers are defined for purposes of this section as any vehicle manufacturer with California actual sales less than or equal to 3000 new vehicles per model year based on the average number of vehicles sold by the manufacturer in the previous three consecutive years. (B) Small volume manufacturers of passenger cars, as defined in subsection (a)(3)(A), are exempt from the implementation schedule in subsection (a)(3) for model year 1998 and 1999. For small volume manufacturers of passenger cars, the standards of subsection (a)(1), and the associated test procedures, shall not apply until model year 2000, when 100 percent compliance with the standards of this section is required. Small volume manufacturers of light-duty trucks and medium-duty vehicles are not exempt from the implementation schedule in subsection (a)(3). (b) The test procedures for determining compliance with standards applicable to 1998 through 2000 gasoline, alcohol, diesel, and hybrid electric passenger cars, light-duty trucks, and medium-duty vehicles are set forth in the "California Refueling Emission Standards and Test Procedures for 1998-2000 Model Year Motor Vehicles," as amended August 5, 1999, which is incorporated herein by reference. The test procedures for determining compliance with standards applicable to 2001 and subsequent gasoline, alcohol, diesel, and hybrid electric passenger cars, light-duty trucks, and medium-duty vehicles are set forth in the "California Refueling Emission Standards and Test Procedures for 2001 and Subsequent Model Motor Vehicles," adopted August 5, 1999, and last amended September 5, 2003, which is incorporated herein by reference. Note: Authority cited: Sections 39600, 39667, 43013, 43018, 43101 and 43104, Health and Safety Code. Reference: Sections 39003, 39500, 39667, 43000, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. s 1990. Applicability. The Executive Officer shall collect annual fees from each manufacturer or modifier of motor vehicles and engines certified pursuant to Articles 2 and 7 of this subchapter, including manufacturers of federally certified vehicles which are sold in California pursuant to Health and Safety Code Section 43102. The Executive Officer shall calculate the amount of these fees as specified in Sections 1991-1993. Note: Authority cited: Sections 39600, 39601 and 43019, Health and Safety Code. Reference: Section 43000.5, 43013, 43018 and 43019, Health and Safety Code. s 1991. Calculation of Total Revenues to be Assessed for Each Fiscal Year. (a) Total revenues of four million five hundred thousand dollars ($4,500,000) shall be assessed in Fiscal Year 1989-90. (b) In subsequent fiscal years, total revenues to be assessed shall be calculated using the following equation: REV n = REV n-1 [1 + ANN] where: REV n means the total revenues to be assessed for the current fiscal year REV n-1 means the total revenues assessed in the previous fiscal year. ANN = (CPI n - CPI n-1) / CPI n-1, where CPI n is the California Consumer Price Index in April prior to the current fiscal year, as determined pursuant to Section 2212 of the Revenue and Taxation Code, and CPI n-1 is the California Consumer Price Index in April of the previous year, as determined pursuant to Section 2212 of the Revenue and Taxation Code. Note: Authority cited: Sections 39600, 39601 and 43019, Health and Safety Code. Reference: Sections 43000.5, 43013, 43018 and 43019, Health and Safety Code. s 1992. Calculation of Per-Vehicle or Per-Engine Certification Fees. (a) For fiscal year 1989-90, the Executive Officer shall calculate a per-vehicle or per-engine certification fee, using the equation in subsection (b), within 60 days of the effective date of this article. (b) Prior to July 31 of each subsequent year, the Executive Officer shall calculate a per-vehicle or per-engine certification fee using the following equation: REVn Fee per vehicle or engine = ------------------------- Total vehicles or engines where: REVn means the total revenues to be collected for the current fiscal year as specified under Section 1991. "Total vehicles or engines" means the total number of all vehicles and engines produced for California sale in the previous calendar year, as determined by totaling the vehicle and engines as reported in the manufacturers' assembly-line reports or production reports specified in Section 1993 (a)-(f) of this article. Note: Authority cited: Sections 39600, 39601 and 43019, Health and Safety Code. Reference: Sections 43000.5, 43013, 43018 and 43019, Health and Safety Code. s 1993. Calculation of Fees to be Collected from Each Manufacturer. The annual fees to be collected from each manufacturer subject to this article shall be calculated by multiplying the per-vehicle fee or per-engine fee, as determined by the Executive Officer pursuant to Section 1992, by the total number of vehicles or engines produced for California sale in the previous calendar year by that manufacturer. The total number of vehicles or engines produced for California sale shall be the number that each manufacturer is required to report under the following: (a) For passenger cars, light-duty trucks and medium1-duty vehicles, Section D.6.(a), "California Assembly-Line Test Procedures for 1983 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles," incorporated by reference in Section 2061, Title 13, California Code of Regulations. (b) For heavy-duty engines and vehicles, Section 86.085-37, "Production Vehicles and Engines," last amended January 12, 1983, 40 Code of Federal Regulations as incorporated by reference in "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" and "California Exhaust Emission Standard and Test Procedures for 1987 and Subsequent Model Heavy-Duty Otto-Cycle Engines and Vehicles." (c) For motorcycles, Section 1958(b)(1)(b), Title 13, California Code of Regulations. (d) For new modifier-certified vehicles, Section V.C.4., "California Certification and Compliance Test Procedures for New Modifier-Certified Motor Vehicles" as incorporated by reference in Section 1964, Title 13, California Code of Regulations. (e) For used modifier-certified vehicles, Section IV.C.2.a, "Licensing Requirements for Vehicle Emission Test Laboratories" as incorporated by reference in Section 2048, Title 13, California Code of Regulations. (f) For vehicle or engines whose production numbers for California distribution are not reported in assembly-line reports or whose production numbers in assembly-line reports do not segregate production specifically for California: (1) For the 1989-90 fiscal year, the manufacturer shall report California production numbers for the 1988 calendar year within 30 days of the Executive Officer's request. A manufacturer may adjust production numbers to account for those vehicles or engines which are actually sold outside of California. (2) For subsequent fiscal years, the manufacturer shall report California production numbers for the previous calendar year not later than May 1 of the current year. A manufacturer may adjust production numbers to account for those vehicles or engines which are actually sold outside of California. (3) For any manufacturer who fails to submit any report required under paragraphs (1) and (2) by the specified date, the processing of certification applications for that manufacturer's vehicles and engines shall be suspended until such time as the manufacturer submits the report. Note: Authority cited: Sections 39600, 39601 and 43019, Health and Safety Code. Reference: Sections 43000.5, 43013, 43018 and 43019, Health and Safety Code. s 1994. Fee Payment and Collection. (a) Between July 1 and July 31 of each year, the Executive Officer shall assess and notify in writing each manufacturer subject to this article of the amount to be collected for the fiscal year, except for Fiscal Year 1989-90 when each manufacturer shall be notified within 60 dys of the effective date of this article. (b) For Fiscal Year 1989-90, each manufacturer shall remit the fee to the state board within 30 days after receipt of the fee assessment notice. For subsequent fiscal years, each manufacturer shall have the option to either pay the entire fee to the state board within 30 days after receipt of the fee assessment notice, or to pay the fee in four equal quarterly installments with the first installment due within 30 days after receipt of the fee assessment notice, and subsequent installments due on or before November 1, February 1, and May 1 of each fiscal year. Payment shall be made payable to the State Air Resources Board. The Executive Officer shall forward the revenues to the State Controller for deposit in the Air Pollution Control Fund. (c) Certification of vehicles or engines for the following model year shall not be granted to any manufacturer who has failed to pay the fees required under this article. Note: Authority cited: Sections 39600, 39601 and 43019, Health and Safety Code. Reference: Sections 43000.5, 43013, 43018 and 43109, Health and Safety Code. s 2001. Requirements No emission control device shall be accredited unless such device meets the standards set forth in this article and all other applicable criteria established in Chapter 3 of Part 5 of Division 26 of the Health and Safety Code, commencing with Section 43600, and in Subchapter 1 of this Code. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43011 and 43600, Health and Safety Code. s 2002. Additional Criteria for Used Vehicle Devices. No exhaust emission control or fuel system evaporative control device intended for installation on used motor vehicles shall receive accreditation from the State Board unless it meets the following criteria: (a) Such device shall be designed so as to have no adverse effect on engine operation or vehicle performance, unless a test procedure otherwise specifies. (b) The adequacy of methods of distribution, the financial responsibility of the applicant, and other factors affecting the economic interests of the motoring public shall be evaluated and a determination shall be made as to whether they are satisfactory to protect the motorist. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 40000, 43000, 43011, 43600, 43601 and 43610, Health and Safety Code. s 2003. Exhaust Emission Standards and Test Procedures -Used 1955-1965 Light-Duty Vehicles. s 2004. Fuel Evaporative Emissions Standards and Test Procedures. s 2005. Exhaust Emissions and Test Procedures -Control of Oxides of Nitrogen Emitted from 1966-1970 Light-Duty Vehicles. The State Board finds compliance with the oxides of nitrogen control device standards set forth below to be necessary and technologically feasible for 1966 through 1970 model-year gasoline-powered motor vehicles under 6,001 pounds gross vehicle weight. In accordance with this finding, the device standards for oxides of nitrogen are: Class (a) Vehicles (50 to 140 C.I.D.) -20 percent oxides of nitrogen reduction. Classes (b) through (f) Vehicles (greater than 140 C.I.D.) -30 percent oxides of nitrogen reduction. However, pursuant to Section 43614 of the Health and Safety Code, "after one or more devices are initially certified pursuant to Section 43610, no device shall be accredited under that section which is less effective than the one or ones initially certified." As a result of this provision and certification of devices, as of July 18, 1973, the standard for all classes is 42%. The test procedures for determining compliance with these standards are set forth in "California Oxides of Nitrogen Control Device Test Procedures for Used 1966 Through 1970 Model-Year Motor Vehicles Under 6,001 Pounds Gross Vehicle Weight," adopted by the State Board on November 17, 1971, as last amended July 18, 1973. Note: Authority cited: Section 43600, Health and Safety Code. Reference: Sections 43610 and 43611, Health and Safety Code. s 2006. Deferral of Installation of Oxides of Nitrogen Devices upon Renewal of Registration for the Year 1973. s 2007. 1955-1965 Light-Duty Exhaust Emission Control Device Installation Schedule. Note: Authority cited: Section 39600, Health and Safety Code. Reference: Section 43655, Health and Safety Code. s 2007.5. Termination of the 1955 Through 1965 Model Year Light-Duty Motor Vehicle Exhaust Emission Control Device Requirements. Commencing January 1, 1981, the requirement for new installations of 1955 through 1965 model year light-duty exhaust retrofit devices is terminated. All 1955 through 1965 model year light-duty motor vehicles with exhaust retrofit devices which were installed prior to the January 1, 1981 termination date shall continue to be so equipped. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43600, 43650 and 43659, Health and Safety Code. s 2008. 1966-1970 Light Duty NOx Exhaust Emission Control Device Installation Requirements. (a) Emission control devices, accredited pursuant to Sections 43610 and 43614 of the Health and Safety Code for 1966 through 1970 model-year vehicles under 6,001 pounds gross vehicle weight, shall be installed commencing October 1, 1973 upon initial registration and upon transfer of ownership and registration, pursuant to Section 4000.1 of the Vehicle Code, and upon registration of a vehicle previously registered outside this state, pursuant to Section 4000.2 of the Vehicle Code, in the following counties: Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Solano, Sonoma, Los Angeles, Orange, Riverside, San Bernardino, Santa Barbara, Ventura and San Diego. Commencing April 1, 1974, installation under this subdivision shall be statewide. (b) Certificates of compliance shall be issued and affixed by motor vehicle pollution control device installation and inspection stations licensed by the Bureau of Automotive Repair at the time of any installation made pursuant to subdivision (a) above to indicate that an accredited device has been installed, or that the vehicle is exempt from mandatory installation. (c) A window sticker, designed and sold by the Bureau of Automotive Repair and approved by the California Highway Patrol and the State Board, shall be issued and affixed by the motor vehicle pollution control device installation and inspection stations with the certificate of compliance. (d) Whenever a vehicle is declared by a motor vehicle pollution control device installation and inspection station to be exempt from installation pursuant to the exemption list adopted by the State Board, a window sticker, designed by the Bureau of Automotive Repair and approved by the California Highway Patrol and the State Board, indicating such exemption shall be issued and affixed by such station. (e) Pursuant to the provisions of Section 4000.1(b) of the Vehicle Code, and other provisions of law, it is unlawful for the operator or owner of any vehicle which has had a window sticker affixed pursuant to subdivisions (c) and (d) above, to remove or deface said window sticker or to request, cause or permit such removal or defacement. If any such window sticker has been removed, defaced or lost, the owner or operator of the vehicle shall immediately obtain a replacement window sticker from a motor vehicle pollution control device installation and inspection station. (f) Vehicles with accredited or exempt devices installed pursuant to the installation schedule established in former subdivision (b) of this section on July 19, 1974 (statewide license plate installation schedule) or pursuant to the installation schedule established in former subdivision (b) of this section on September 13, 1974 (license plate installation schedule applicable to six counties in whole or in part in the South Coast Air Basin) may be removed or rendered inoperative without penalty so long as the emission control devices and other emission-related parameters of the subject vehicle are restored to manufacturer's specifications. This subdivision shall not be applicable to any vehicle for which an accredited or exempt device has been or will be installed pursuant to any change of ownership or initial registration requirement. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 40000, 43000, 43600, 43650 and 43654, Health and Safety Code. s 2009. Auxiliary Gasoline Fuel Tank Criteria and Test Procedures . In order for an auxiliary gasoline fuel tank to be certified by the State Board, the fuel evaporative emission control system for the auxiliary tank fuel system shall provide substantially the same degree of control as the originally approved or certified evaporative emission control system provides for the original fuel system, and the fill pipe and opening shall be compatible with vapor control systems. The test procedures for determining compliance with this standard are set forth in "California Criteria and Test Procedures for Accrediting Auxiliary Gasoline Fuel Tanks," dated December 19, 1973, as last amended July 27, 1976. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 40000, 43000, 43820 and 43834, Health and Safety Code. s 2010. Exhaust Emission Standards and Test Procedures -Non-Mandatory Devices for Used 1955 and Subsequent Model-Year Vehicles. To accredit an exhaust emission control device whose installation costs exceed the statutory limits for mandatory devices it must be shown that such a device can reduce the emissions of each of at least two of the three pollutants, hydrocarbons, carbon monoxide, and oxides of nitrogen, without increasing the third pollutant, by a minimum of twenty percent below the emission levels obtained with the mandatory accredited or approved device. The State Board may permit the installation of a device in lieu of an approved, certified, or accredited device. The test procedures for determining compliance with these standards are set forth in "California Exhaust Emission Criteria and Test Procedures for Accrediting Emission Control Devices Sold on a Non-Mandatory Basis," dated February 13, 1974. Note: Authority cited: Sections 39600, 39601 and 39607, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 40000, 43000, 43602 and 43630, Health and Safety Code. s 2011. Software Upgrade for 1993 through 1998 Model Year Heavy-Duty Trucks. (a) Applicability. This section 2011 applies to Low NOx Rebuild Engines, as defined, operating in the State of California that are either: (1) registered in California; or (2) registered outside of California, as defined. (b) Definitions. The definitions in section 1900(b), Chapter 1, title 13 of the California Code of Regulations apply, with the following additions: (1) "Driver" has the same meaning as title 13, California Code of Regulations, section 2180.1(a)(7). (2) "HHDDE" means a heavy-duty diesel engine certified as a motor vehicle heavy heavy-duty engine in accordance with title 13, California Code of Regulations, section 1956.8. (3) "Incentive project" means a project conducted under applicable provisions in part IX.C of the Heavy Duty Diesel Engine Settlement Agreements with California and Consent Decrees with the United States Environmental Protection Agency. The California Settlement Agreements and federal Consent Decrees are identified in title 13, California Code of Regulations, section 1956.8(a)(2)(A), footnote 1. (4) "Low NOx Rebuild Kit" means an engine manufacturer's software and/or minor hardware upgrade that results in lower emissions of oxides of nitrogen (NOx) when installed on the engine control module of heavy-duty diesel engines requiring such kits. Such engines are identified in plans implementing a Low NOx Rebuild Program under both Heavy Duty Diesel Engine Settlement Agreements with California and Consent Decrees with the United States Environmental Protection Agency, and are listed in (b)(5). The California Settlement Agreements and federal Consent Decrees are identified in title 13, California Code of Regulations, section 1956.8(a)(2)(A), footnote 1. (5) "Low NOx Rebuild Engine" means a 1993 through 1998 model year heavy-duty diesel engine for which a Low NOx Rebuild Kit must be available for installation. The complete list of Low NOx Rebuild Engines is: Low NOx Rebuild Engines Make and Year Engine Notes Model Caterpillar 1994 - 1998 3406E Engine Serial Number (ESN) 5EK05767 through 5EK99381 Caterpillar 1994 - 1998 3406E ESN: 6TS00097 through 6TS27803 Caterpillar 1994 - 1998 3406E ESN: 1LW00001 through 1LW33262 Caterpillar 1994 - 1998 3406E ESN: Reman 4AS00001 through 4AS00385 Caterpillar 1995 - 1998 3126 ESN: 1WM00210 through 1WM26819 Caterpillar 1995 - 1998 3126 ESN: 4ES000226 through 4ES00454 Caterpillar 1995 - 1998 3126 ESN: Reman 6RW00001 and up Caterpillar 1993 - 1998 3126B ESN: 7AS00001 through 7AS32636 Caterpillar 1995 - 1997 3116 ESN: 8WL00297 through 8WL07351 Caterpillar 1993 - 1998 3176B ESN: 9CK00647 through 9CK32795 Caterpillar 1993 - 1998 3176B ESN: Reman 3LZ00001 and up Caterpillar 1993 - 1998 C-10 ESN: 2PN01000 through 2PN07278 Caterpillar 1993 - 1998 C-10 ESN: 8YS00449 through 8YS07060 Caterpillar 1993 - 1998 C-10 ESN: Reman AKB00001 and up Caterpillar 1993 - 1998 C-12 ESN: 1YN01200 through 1YN12844 Caterpillar 1993 - 1998 C-12 ESN: 9NS00372 through 9NS19786 Caterpillar 1993 - 1998 C-12 ESN: Reman ALS00001 and up Original Software Calibration (SC) Options Low NOx Horsepower Torque Governed and SC Make and Engine (HP) (lb-ft) Speed Supercessions Opti- Year Model on Cummins ISB Cri- 175 420 2500 9819 9819 1993 - tical 1998 Parts List 175 420 2500 9845 9845 Number (CPL) 2446 Cummins ISB CPL 190 520 2500 9818 9818 1993 - 2447 1998 190 520 2500 9846 9846 195 520 2600 9817 9817 195 520 2600 9838 9838 Cummins ISB CPL 210 520 2600 9816 9816 1993 - 2448 1998 210 520 2600 9852 9852 215 520 2500 9815 9815 215 520 2500 9847 9847 215 605 2500 9821 9821 215 605 2500 9850 9850 Cummins ISB CPL 230 605 2500 9814 9814 1993 - 2449 1998 230 605 2500 9848 9848 230 660 2500 9820 9820 230 660 2500 9851 9851 Cummins ISB CPL 250 660 2500 9813 9813 1993 - 2450 1998 250 660 2500 9849 9849 Cummins ISB CPL 275 660 2500 9812 9812 1993 2451 -1998 275 660 2500 9875 9875 Cummins M11 CPL 330 1250 2000 2798, 2818, 20234 1993 - 1855 2834, 1998 2889, 2950, 2124, 2285, 2474, 2542 330 1250 1800 2935, 2949, 20235 2125, 2286, 2475, 2543 310 1150 2000 2923, 2954, 20236 2129, 2287, 2476, 2544 310 1150 1800 2922, 2936, 20237 2953, 2130, 2288, 2477, 2545 280 1050 2000 2784, 2794, 20238 2814, 2830, 2885, 2921, 2958, 2133, 2292, 2480, 2548 280 1050 1800 2829, 2884, 20239 2920, 2957, 2134, 2293, 2481, 2550 280 ESP 1050 1800 2792, 2883, 2928, 2961, 2181, 20241 2298, 2391, 2485, 2556 Cummins M11 CPL 370 1350 2000 2791, 2804, 20228 1993 - 1856 2825, 1998 2841, 2896, 2943, 2117, 2278, 2465, 2529 370 1350 1800 2932, 2942, 20229 2118, 2279, 2466, 2532 350 1350 2000 2802, 2823, 20230 2839, 2894, 2945, 2119, 2280, 2469, 2535 350 1350 1800 2933, 2944, 20231 2120, 2281, 2470, 2537 330 1350 2000 2800, 2821, 20232 2837, 2892, 2947, 2122, 2283, 2472, 2539 330 1350 1800 2934, 2946, 20233 2123, 2284, 2473, 2541 Cummins M11 CPL 310 ESP 1150 1800 2960, 2180, 20240 1993 - 1857 2297, 1998 2390, 2484, 2553 Cummins M11 CPL 330 1250 1800 2601 20304 1993 - 2370 1998 330 1250 1800 2598 20305 310 1150 2100 2603 20306 280 1050 1800 2605 20307 330 1250 2100 2599 20308 310 1150 1800 2602 20309 280 1050 1800 2604 20310 305 1150 2100 2698 20311 Cummins M11 CPL 370 1350 1800 2588 20312 1993 - 2371 1998 350 1350 1800 2591 20313 350 1350 1800 2594 20314 330 1350 1800 2595 20315 370 1450 1800 2587 20316 330 1350 2100 2589 20317 330 1350 2100 2596 20318 420 1450 2100 2620 20319 370 1350 1800 2621 20320 370 1350 1800 2627 20321 335 1350 2100 2631 20322 Cummins M11 CPL 330 1250 1800 2264 20289 1993 - 2036 1998 330 1250 1800 2261 20290 310 1150 2100 2266 20291 280 1050 2100 2268 20292 330 1250 2100 2262 20293 310 1150 1800 2265 20294 280 1050 1800 2267 20295 Cummins M11 CPL 400 1450 1800 2189 20296 1993 - 2037 1998 370 1350 1800 2191 20297 350 1350 1800 2194 20298 350 1350 1800 2197 20299 330 1350 1800 2198 20300 370 1450 2100 2190 20301 370 1350 2100 2192 20302 370 1350 1800 2440 20303 Cummins N14 CPL 370 1400 1800 1215, 1510, 10469 1993 - 1573 1590, 1998 10017 370/460 ESP 1400/15- 2100 1216, 1306, 10470 50 1512, 1569, 1592, 10019 410 1450 2100 1218, 1514, 10471 1594, 10021 430 1450 1800 1220, 1515, 10472 1595, 10022 430 1450 2100 1219, 1516, 10473 1596, 10023 Cummins N14 CPL 310 1250 1800 1204, 1501, 10463 1993 - 1574 1581, 1998 10008 310/430 ESP 1250/14- 1800 1206, 1304, 10464 50 1502, 1567, 1582, 10009 330 1350 1800 1207, 1503, 10465 1583, 10010 330 1350 1800 1125, 1208, 10466 1504, 1584, 10011 350 1350 1800 1211, 1507, 10467 1587, 10014 350 1400 1800 1212, 1508, 10468 1588, 10015 Cummins N14 CPL 310 1250 1800 1141, 1242, 10480 1993 - 1807 1360, 1998 1632, 10076 310/390 ESP 1250/14- 1800 1142, 1243, 10481 50 1300, 1409, 1570, 1633, 10077 330 1350 1800 1143, 1244, 10482 1361, 1634, 10078 330 1350 1800 1551, 1635, 10483 10079 330 1350 1800 1602, 1636, 10484 10080 330 1350 2100 1144, 1245, 10485 1362, 1637, 10081 350 1350 1800 1145, 1246, 10486 1363, 1638, 10082 350 1350 1800 1552, 1639, 10487 10083 350 1400 1800 1147, 1248, 10488 1365, 1641, 10085 350 1400 2100 1148, 1249, 10489 1366, 1642, 10086 350/390 ESP 1350/15- 1800 1149, 1185, 10490 00 1250, 1251, 1367, 1571, 1643, 10087 370 1400 1800 1150, 1253, 10491 1368, 1646, 10090 370 1400 1800 1553, 1647, 10492 10091 370 1450 1800 1152, 1255, 10493 1370, 1649, 10093 370 1450 2100 1153, 1256, 10494 1371, 1650, 10094 Cummins N14 CPL 410 1450 1800 1163, 1258, 10496 1993 - 1809 1373, 1998 1655, 10099 410 1450 1800 1555, 1656, 10497 10100 410 1450 2100 1164, 1259, 10498 1374, 1657, 10101 410 1450 2100 1556, 1658, 10499 10102 435 1450 1800 1165, 1260, 10500 1375, 1659, 10103 435 1450 2100 1100, 1166, 10501 1261, 1376, 1661, 10105 435 1450 2100 1578, 10045, 10502 10106 435 1550 1800 1101, 1167, 10503 1262, 1377, 1662, 10107 435 1550 2100 1102, 1168, 10504 1263, 1378, 1663, 10108 Cummins N14 CPL 400/460 ESP 1450/16- 1800 1103 ,1161, 10505 1993 - 1844 50 1170, 1998 1265, 1266, 1267, 1380, 1381, 1575, 1665, 10110 435 1650 2100 1104, 1171, 10506 1269, 1383, 1667, 10113 460 1650 2100 1106, 1173, 10507 1272, 1386, 1670, 10116 500 1650 2100 1107, 1135, 10508 1274, 1388, 1672, 10118 Cummins N14 CPL 350/435 1350/15- 1800 1184, 12 10495 1993 - 1987 50 57,1372, 1998 1546, 1574, 1603, 1654, 10098 Cummins N14 CPL 435 1450 1800 1437 10616 1993 - 2025 1998 435 1450 2100 1438 10617 435 1550 1800 1439 10618 435 1550 2100 1440 10619 435 1650 1900 1542 10620 435 1650 2100 1442 10621 435/500 ESP 1550/16- 2100 1455 10622 50 460 1550 2100 1444 10623 460 1650 1900 1538 10624 460 1650 2100 1446 10625 500 1650 2100 1447 10626 500 1750 2100 1448 10627 525 1850 2100 1454 10628 435 TOP2 1650 2100 10068 10629 435 ESP TOP2 1550/16- 2100 10069 10630 50 Cummins N14 CPL 370/435 ESP 1450/15- 1800 1433 10510 1993 - 2026 50 1998 410 1450 1800 1430 10509 Cummins N14 CPL 330 1350 1800 1415 10606 1993 - 2027 1998 330/410 ESP 1350/14- 1800 1427 10607 50 350 1350 1800 1417 10608 350 1350 2100 1418 10609 350 11400 1800 1420 10610 370 1400 1800 1422 10611 370 1450 1800 1425 10612 370 1450 2100 1426 10613 370 1450 2100 1561 10614 330 ESP TOP2 1350/14- 1800 10061 10615 50 Cummins N14 CPL 330 1350 1800 10149 10631 1993 - 2389 1998 370 1450 1800 10156 10632 370 1450 2100 10157 10633 370 1450 2100 10342 10634 Cummins N14 CPL 370/435 ESP 1450/15- 1800 10161 10635 1993 - 2390 50 1998 370 ESP TOP2 1450/15- 1800 10242 10636 50 Cummins N14 CPL 435 1450 1800 10170 10637 1993 - 2391 1998 435 1450 2100 10172 10638 435 1550 1800 10173 10639 435 1650 2100 10176 10640 435/500 ESP 1550/16- 2100 1018 010641 50 460 ST2 1650/18- 1800 10261 10642 50 460 1650 2100 10184 10643 500 1650 2100 10186 10644 525 1850 2100 10191 10645 435 TOP2 1650 2100 10246 10646 435 ESP TOP2 1550/16- 2100 10248 10647 50 Make and Year Engine Model Notes Detroit Diesel Corp. 1994 - 1997 S60 6067-GK60 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1994 - 1997 S60 6067-GK28 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1998 S60 6067-TK60 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1998 S60 6067-TK28 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1998 S60 6067-PK60 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1998 S60 6067-PK28 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1994 - 1995 S60 6067-WK60 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1994 - 1995 S60 6067-WK28 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1996 - 1997 S60 6067-SK60 ESN 6R157655 through 6R472018 Detroit Diesel Corp. 1996 - 1997 S60 6067-SK28 ESN 6R157655 through 6R472018 _____ Make and Year Engine ESN EPA Family Name (FN) or Mode V-MAC Data File Part No. (DF) Mack Trucks 1997 - 1998 EM7-275 7A through 8R FN: VMK728EJDAZW and WMKXH11.9E53 Mack Trucks 1994 - 1998 EM7-300 4B through 8R All Mack Trucks 1997 E7-300 7A through 7Y FN: VMK728EJDAZW Mack Trucks 1998 8A through 8R FN: WMKXH11.9E53 Mack Trucks 1997 E7-310/3- 7A through 7Y FN: VMK728EJDAZW 30 Mack Trucks 1998 8A through 8R All Mack Trucks 1996 E7-330/3- 6A through 6Y DF: 1MS548P11, 1MS559P 11 50 Mack Trucks 1997 - 1998 7A through 8R All Mack Trucks 1994 - 1998 E7-350 4B through 8R All Mack Trucks 1996 - 1998 E7-355/3- 6A through 8R All 80 Mack Trucks 1994 - 1995 E7-400 4B through 5Y DF: 1MS536P7, 1MS541P7, 1MS543P7 Mack Trucks 1996 - 1998 6A through 8R All Mack Trucks 1994 E7-427 4B through 4Z All Mack Trucks 1995 - 1996 5A through 6Y DF: 1MS536P8, 1MS543P8, 1MS548P8, 1MS549P8, 1MS559P8 Mack Trucks 1997 - 1998 7A through 8R All Mack Trucks 1994 - 1995 E7-454 4B through 5Y All Mack Trucks 1996 6A through 6Y DF: 1MS548P9, 1MS559P9 Mack Trucks 1997 - 1998 7A through 8R All Mack Trucks 1997 - 1998 E7-460 7A through 8R All _____ Make and Year Engine Model Notes Renault VI 1993 - 1998 MIDR060226M/2 Engine Family Name (EFNa) PRE0377FAC9 Renault VI 1993 - 1998 MIDR060226L511 EFNa: SR3377D8DAAW, TR3377D8DAAW, and VR3377D8DAAW Renault VI 1993 - 1998 MIDR060226M511 EFNa: SR3377D8DABW, TR3377D8DABW, and VR3377D8DABW Navistar/International DT 466E Engine Family Number (EFN) 1998 WNVXH0466FNA Navistar/International DT 466E EFN: WNVXH0466CCB, WNVXH0466FNC 1998 Navistar/International DT 466E EFN: WNVXH0466CCD 1998 Navistar/International 530E EFN: WNVXH0530FNA, WNVXH0530CCB 1998 Navistar/International 530E EFN: WNVXH0530FNC, WNVXH0530CCD 1998 Volvo 1994 - 1998 VE D12 EFNa RVT12.EJDBRA Volvo 1994 - 1998 VE D12 EFNa: SVT12.EJDBRA, TVT12.EJDBRA Volvo 1994 - 1998 VE D12A EFNa: VVT12.EJDBRA Volvo 1994 - 1998 VE D12B-345 EPG EFNa: WVTXH12.150S Volvo 1994 - 1998 VE D12B-385 EPG EFNa: WVTXH12.150S Volvo 1994 - 1998 VE D12B-425 EPG EFNa: WVTXH12.150S Volvo 1994 - 1998 VE D12B-345 VEB EFNa: WVTXH12.150S Volvo 1994 - 1998 VE D12B-385 VEB EFNa: WVTXH12.150S Volvo 1994 - 1998 VE D12B-425 VEB EFNa: WVTXH12.150S Volvo 1998 VE D7C-275 EFNa: WVTXH07.350S Volvo 1998 VE D7C-300 EFNa: WVTXH07.350S (6) "Low NOx Rebuild Engine Manufacturer" means an engine manufacturer that was required to develop Low NOx Rebuild Kits under (b)(4). (7) "MHDDE" means a heavy-duty diesel engine certified as a motor vehicle medium heavy-duty engine in accordance with title 13, California Code of Regulations, section 1956.8. (8) "Offset project" means a project conducted under applicable provisions in part IX.C of the Heavy Duty Diesel Engine Settlement Agreements with California and Consent Decrees with the United States Environmental Protection Agency. The California Settlement Agreements and federal Consent Decrees are identified in title 13, California Code of Regulations, section 1956.8(a)(2)(A), footnote 1. (9) "Owner" has the same meaning as title 13, California Code of Regulations, section 2180.1(a)(21). (10) "Registered outside of California" means any of the following: (A) A heavy-duty diesel-powered vehicle operating in California under the terms of Interstate Reciprocity Agreements as authorized by Article 3 (commencing with section 8000), Chapter 4, Division 3 of the Vehicle Code and which belongs to a fleet that is not based in California; (B) A heavy-duty diesel-powered vehicle operating in California under the terms of any other apportioned registration, reciprocity, or bilateral prorate registration agreement between California and other jurisdictions and which belongs to a fleet that is not based in California; or (C) A heavy-duty diesel-powered vehicle operating in California under a short-term vehicle registration or permit of 90 days or less (including but not limited to 90-day temporary registrations and 4-day permits under Vehicle Code section 4004). (c) Standards. (1) On and after the applicable implementation date in subsection (d), and, except as provided in (e)(2), a vehicle propelled by a Low NOx Rebuild Engine must not operate on highways within the State of California without a Low NOx Rebuild Kit installed that meets the following emission requirements: Software Upgrade Requirements Option A Option B (1994-1998) (1993-1998) MHDDE HHDDE MHDDE HHDDE Euro III 6.0 7.0 Euro 6.5 7.5 g/bhp-hr g/bhp-hr g/bhp-hr III g/bhp-hr NTE 7.5 8.75 NTE 8.1 9.38 g/bhp-hr g/bhp-hr g/bhp-hr g/bhp-hr Manufacturer Option for Software Upgrade Company Option MY Year Caterpillar B 1993-1998 Cummins B 1993-1998 Detroit Diesel Corporation A 1994-1998 Mack A 1994-1998 Navistar not applicable 1998 (only) Volvo A 1994-1998 Renault B 1993-1998 (2) A Low NOx Rebuild Engine Manufacturer's authorized dealers, distributors, repair facilities, and rebuild facilities, except as provided in (e)(2), must: (A) provide upon request and at no added cost a Low NOx Rebuild Kit to the owner or driver of a vehicle with a Low NOx Rebuild Engine, and to any non-affiliated rebuilder or other person; and (B) install the Low NOx Rebuild Kit within a reasonable amount of time. (3) Except as provided in (e)(2), Low NOx Rebuild Engine Manufacturers must reimburse authorized dealers, distributors, repair facilities, and rebuild facilities for their costs to install Low NOx Rebuild Kits on Low NOx Rebuild Engines, at the reimbursement cost level paid under the Consent Decrees and Settlement Agreements. Low NOx Rebuild Engine Manufacturers may choose to reimburse at a rate above the reimbursement cost level paid under the Consent Decrees and Settlement Agreements. (4) No person may install on a Low NOx Rebuild Engine any engine software containing electronic control strategies, other than a Low NOx Rebuild Kit. (5) Any person installing a Low NOx Rebuild Kit must affix a label to each engine at time of installation. The label must do all of the following: (A) The label must contain an identifiable characteristic allowing the ARB to determine whether a Low NOx Rebuild Engine has had the appropriate Low NOx Rebuild Kit installed. This identifiable characteristic may be a unique part number or other marking on the engine control module; (B) The label must contain a statement with appropriate blank spaces for the individual performing the installation to indicate when and by whom the Low NOx Rebuild Kit was installed on the engine; (C) The label must be readily visible upon opening the engine compartment; (D) The label must be fabricated of a material suitable for the location in which it is installed; and (E) The label must not be readily removable intact. (6) The owner of a vehicle cited for violating (c)(1) of this section must submit proof of Low NOx Rebuild Kit installation, as identified in title 13, CCR, section 2186, within 45 days of personal or certified receipt of the citation. (7) Any Low NOx Rebuild Engine Manufacturers' authorized dealers, distributors, repair facilities, or rebuild facilities, except as provided in (e)(2), refusing to install a Low NOx Rebuild Kit upon request, or failing to install a Low NOx Rebuild Kit within a reasonable amount of time from that request, shall be subject to a civil penalty of $500 per incident. (d) Implementation Dates. (1) 1993 and 1994 model year Low NOx Rebuild Engines, except as provided in (e)(2), must have a Low NOx Rebuild Kit installed by April 30, 2005. (2) 1995 and 1996 model year Low NOx Rebuild Engines, except as provided in (e)(2), must have a Low NOx Rebuild Kit installed by August 31, 2005. (3) 1997 and 1998 model year Low NOx Rebuild Engines other than MHDDE, except as provided in (e)(2), must have a Low NOx Rebuild Kit installed by December 31, 2005. (4) 1997 and 1998 model year MHDDE Low NOx Rebuild Engines, except as provided in (e)(2), must have a Low NOx Rebuild Kit installed by December 31, 2006. (e) Exemptions. (1) A Low NOx Rebuild Engine receiving a software upgrade performed as part of an approved incentive or offset project prior to the adoption of Section 2011 is exempt from the requirements in (c). (2) Low NOx Rebuild Engines identified in (b)(5) as a make and year of Detroit Diesel Corp. (DDC) are exempt from the requirements of this regulation, as the Board has found that DDC has met the first voluntary program target and is on track to meet future targets under the voluntary program. Owners, authorized dealers, and distributors of these engines, and repair and rebuild facilities for these engines, are likewise exempt from the provisions of this regulation with respect to these engines. (f) Severability. If any provision of this section or the application thereof to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the section that can be given effect without the invalid provision or application, and to this end the provisions of this section are severable. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43701, Health and Safety Code. Reference: Sections 39001, 39003, 43000, 43013, 43016 and 43018, Health and Safety Code. s 2020. Purpose and Definitions of Diesel Particulate Matter Control Measures. (a) Purpose. Diesel particulate matter was identified in 1998 as a toxic air contaminant. According to California law, an airborne toxic control measure using the best available control technology shall, therefore, be employed to reduce the public's exposure to diesel particulate matter. (b) Definitions. For the purposes of the rules specified in article 4, the following definitions apply: "Alternative fuel" means natural gas, propane, ethanol, methanol, gasoline (when used in hybrid electric buses only), hydrogen, electricity, fuel cells, or advanced technologies that do not rely on diesel fuel. "Alternative fuel" also means any of these fuels used in combination with each other or in combination with other non-diesel fuels. "Commercially available" means available for purchase and installation at a reasonable cost. "Heavy-duty pilot ignition engine" means an engine designed to operate using an alternative fuel, except that diesel fuel is used for pilot ignition at an average ratio of no more than one part diesel fuel to ten parts total fuel on an energy equivalent basis. An engine that can operate or idle solely on diesel fuel at any time does not meet this definition. "Level" means one of three categories of Air Resources Board-verified diesel emission control strategies: Level 1 means the strategy reduces engine diesel particulate matter emissions by between 25 and 49 percent, Level 2 means the strategy reduces engine diesel particulate matter emissions by between 50 and 84 percent, and Level 3 means the strategy reduces engine diesel particulate matter emissions by 85 percent or greater, or reduces engine emissions to less than or equal to 0.01 grams diesel particulate matter per brake horsepower-hour. "Municipality" means a city, county, city and county, special district, or a public agency of the United States of America or the State of California, and any department, division, public corporation, or public agency of this State or of the United States, or two or more entities acting jointly, or the duly constituted body of an Indian reservation or rancheria. "Owner" means the same as in title 13, California Code of Regulations, section 2180.1(a)(21). "Transit agency" means a public entity responsible for administering and managing transit services. Public transit agencies can directly operate transit service or contract out for all or part of the total transit service provided. "Terminal" means any place or places where a vehicle is regularly garaged or maintained, or from which it is operated or dispatched, which may include a private business or residence. "Verified" means that a diesel emission control strategy or system has received approval from the Executive Officer according to the "Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines" in title 13, California Code of Regulations, commencing with section 2700, and incorporated by reference. "Warranty Period" means the same as in title 13, California Code of Regulations, section 2707. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety Code. s 2021. Solid Waste Collection Vehicles. (a) Scope and Applicability. Sections 2021 and 2021.1 shall apply to municipalities that have a contract with owners for residential and commercial solid waste collection service. Sections 2021 and 2021.2 shall apply to solid waste collection vehicle owners, both private and government entities. These regulations mandate the reduction of diesel particulate matter emissions from 1960 to 2006 model year engines in on-road diesel-fueled heavy-duty residential and commercial solid waste collection vehicles with a manufacturer's gross vehicle weight rating greater than 14,000 pounds. (b) Definitions. The definitions in Section 2020 shall apply to sections 2021, 2021.1, and 2021.2. In addition, the following definitions apply only to sections 2021, 2021.1, and 2021.2. "Active fleet" means the total, by terminal, of an owner's collection vehicles, excluding backup vehicles. "Backup vehicle" means a collection vehicle that is driven fewer than 1000 miles annually. "Contract" means an agreement between an owner and a municipality to perform residential or commercial solid waste collection services, in which the contractor's compensation for providing services, or a formula for determining compensation, is specified. "Contractor" means an owner with a contract as defined in this section. "Residential and commercial solid waste" means all putrescible and nonputrescible solid, and semisolid wastes, including garbage, trash, refuse, rubbish, ashes, yard waste, recyclable materials, industrial wastes, demolition and construction wastes, abandoned vehicles and parts thereof, discarded home and industrial appliances, manure, vegetable or animal solid and semisolid wastes, and other discarded solid and semisolid wastes originating from single-family or multiple family dwellings, stores, offices, and other commercial sources, and construction and demolition projects in residential and commercial zones, not including hazardous, radioactive, or medical waste. "Retirement" or "Retire" means an engine or vehicle will be withdrawn from an active fleet in California. The engine may be sold outside of California, scrapped, or used in a backup vehicle. "Roll off vehicle" means any heavy-duty vehicle used for transporting waste containers such as open boxes or compactors that may be removed from the tractor. "Solid waste collection vehicle or collection vehicle" means an on-road heavy-duty vehicle with a manufacturer's gross vehicle weight rating of greater than 14,000 pounds used for the purpose of collecting residential and commercial solid waste for a fee, including roll off vehicles. "Total Fleet" means the total of an owner's collection vehicles, excluding backup vehicles. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety Code. s 2021.1. Methods for Determining Compliance for a Municipality That Contracts with Owners for Solid Waste Collection. (a) Compliance Requirement. A municipality shall include language requiring the contractor be in compliance with all applicable air pollution control laws in any new contract that has an effective date of December 31, 2004 or later. (b) Reporting Requirement. A municipality shall submit an annual report to the Executive Officer by January 31, 2005, and by each January 31 through 2013, as described below: (1) A listing of its contractor(s) as of January 1 of each applicable year, and including the following information: (A) Municipality name, address, telephone number, fax number, contact name and electronic mail address; (B) For each contract, the contractor name, owner name, contact name, if different from owner name, business address, business telephone number, business fax number, contact electronic mail address, and the address of each terminal in the jurisdiction that houses collection vehicles, serving the municipality. (c) Non-Compliance. Any violations of this section may carry civil penalties as specified in state law and regulations. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety Code. s 2021.2. Methods for Determining Compliance for an Owner of Solid Waste Collection Vehicles. (a) Compliance Requirements. Beginning with the applicable effective dates, an owner who operates an active fleet of one or more collection vehicles is required to comply with this diesel particulate matter control measure. Compliance requires all of the following: (1) Use of a best available control technology for each collection vehicle in the active fleet as specified in subsection (b), (2) Implementation for collection vehicles in the active fleet as specified in subsection (c), and (3) If a compliance deadline extension is granted by the Executive Officer per subsection (d), the owner shall be deemed to be in compliance as specified by the Executive Officer's authorization; and (4) Special circumstances that may apply when a diesel emission control strategy is used as a best available control technology as specified in subsection (e); and (5) Records must be kept as specified in subsection (f). (6) Continuous Compliance. An owner is required to keep his collection vehicle in compliance with this regulation, once it is in compliance, so long as the owner is operating the collection vehicle in California. (b) Best Available Control Technology. Each owner shall use one of the following best available control technologies on each engine or collection vehicle in his fleet as required by the implementation schedule in subsection (c): (1) An engine or power system certified to the optional 0.01 g/bhp-hr particulate emission standard as specified in title 13, California Code of Regulations, section 1956.8(a)(2), or the 0.01 g/bhp-hr particulate emission standard as specified in title 13, California Code of Regulations, section 1956.8(a), when effective; or (2) An engine or power system certified to the 0.1 g/bhp-hr particulate emission standard, as specified in title 13, California Code of Regulations, section 1956.8, used in conjunction with the highest level diesel emission control strategy as defined in subsection (b)(4) applied by the implementation schedule in subsection (c); or (3) An alternative fuel or heavy-duty pilot ignition engine; model year 2004- 2006 alternative fuel engines must be certified to the optional, reduced emission standards as specified in title 13, California Code of Regulations, section 1956.8(a)(2)(A); or (4) The highest level diesel emission control strategy per title 13, California Code of Regulations, section 2702(f), Table 1, that is verified for a specific engine to reduce diesel particulate matter and which the diesel emission control strategy manufacturer or authorized dealer agrees can be used on a specific engine and collection vehicle combination, without jeopardizing the original engine warranty in effect at the time of application. (c) Implementation Schedule. The owner shall comply with the schedule in Table 1 - Implementation Schedule for Solid Waste Collection Vehicles, Model Years 1960 to 2006, for the specified percentage of collection vehicles by each applicable compliance deadline. Table 1 - Implementation Schedule for Solid Waste Collection Vehicles, Model Years 1960 to 2006. Percentage of Group to Use Best Engine Available Control Group Model Years Technology Compliance Deadline 1 1988-2002 10 December 31, 2004 25 December 31, 2005 50 December 31, 2006 100 December 31, 2007 ______________________________________________________________________ 2a [FNa] 1960-1987 15 December 31, 2005 (Total fleet < 15 40 December 31, 2006 collection vehicles) 60 December 31, 2007 80 December 31, 2008 100 December 31, 2009 ______________________________________________________________________ 2b 1960-1987 25 December 31, 2007 (Total fleet < 15 50 December 31, 2008 collection vehicles) 75 December 31, 2009 100 December 31, 2010 ______________________________________________________________________ 3 2003-2006 50 December 31, 2009 (Includes dual-fuel 100 December 31, 2010 and bi-fuel engines) ______________________________________________________________________ [FNa] Group 2a: An owner may not use Level 1 technology as best available control technology on Group 2a engines or collection vehicles. (1) Calculating Number of Collection Vehicles Required for Implementation based on Active Fleet Size. The owner shall calculate the size of his active fleet as of January 1 of each year (#SWCV) based on the model year of each engine (#Engines) plus the number of engines removed from the model year group by retirement in prior years (TotRetire) and determine the number of collection vehicles required for implementation as follows. #SWCV = #Engines + TotRetire (A) The owner shall determine the total number of collection vehicles required to be in compliance by the compliance deadline in Table 1 (TotVeh) by multiplying "Percentage of Group to Use Best Available Control Technology" (Group¿CT) for that year by the sum of the number of collection vehicles in an engine model year group (#SWCV) as in this following expression: TotVeh = (Group¿CT) x (#SWCV) (B) After the first compliance deadline for each group, the owner shall determine the additional number of collection vehicles to be brought into compliance each subsequent year (TotAddComp) by subtracting the number of engines or collection vehicles brought into compliance the previous years using the method listed in subsection (b)(4) (TotRetrofit) or by retirement (TotRetire) from the total number of collection vehicles required to be in compliance (TotVeh), as in the following expression: TotAddComp = TotVeh - TotRetrofit - TotRetire (C) Notwithstanding subsection (B) above, in the 100 percent compliance deadline year for each engine model year group the owner shall bring the remaining engines and collection vehicles into compliance. (D) If the TotVeh or TotAddComp is not equal to a whole number of collection vehicles, the owner shall round up to the nearest collection vehicle when the fractional part of TotAddComp is greater than or equal to one-half of a collection vehicle, and round down to the nearest collection vehicle when the fractional part of TotAddComp is less than one-half of a collection vehicle. (d) Compliance Extensions. An owner may be granted an extension to a compliance deadline specified in subsection (c) for one of the following reasons: (1) Compliance Extension based on Early Implementation. An owner will be granted an extension based on compliance with one or more of the following early implementation schedules, provided the Executive Officer has received a letter by the applicable early compliance deadline stating the owner's intent to comply with one of the following conditions: (A) If an owner has implemented best available control technology on fifty percent or more of his Group 1 total fleet of collection vehicles, at least fifty percent of which are the owner's oldest collection vehicles in Group 1, by July 1, 2005, then the owner may delay the final compliance deadline for Group 1 to December 31, 2009. (B) If an owner has implemented best available control technology on fifty percent or more of his Group 2a total fleet of collection vehicles by December 31, 2005, then the owner may delay the intermediate and final compliance deadlines for Group 2a to December 31, 2010. (C) If an owner has implemented best available control technology on fifty percent or more of his Group 2b total fleet of collection vehicles by December 31, 2006, then the owner may delay the intermediate and final compliance deadlines for Group 2b to December 31, 2011. (2) Compliance Extension based on No Verified Diesel Emission Control Strategy. If the Executive Officer has not verified a diesel emission control strategy, or one is not commercially available, for a particular engine and vehicle combination, an annual extension in compliance may be granted by the Executive Officer under one of the conditions specified below: (A) Executive Officer Compliance Extension. The Executive Officer shall grant a blanket one-year compliance extension if a diesel emission control strategy is not verified for an engine ten months prior to each compliance deadline specified in subsection (c). (i) For a Group 1 collection vehicle engines, the Executive Officer shall grant an annual extension through 2007, after which the owner shall comply with subsection (b) by December 31, 2008. (ii) For a Group 2a collection vehicle engine, the Executive Officer shall grant an annual extension through 2008, after which the owner shall comply with subsection (b) by December 31, 2009. (iii) For a Group 2b or 3 collection vehicle engines, the Executive Officer shall grant an annual extension through 2010, after which the owner shall comply with subsection (b) by December 31, 2011. (B) Owner Application Compliance Extension. An owner may apply to the Executive Officer for a compliance extension for an engine six months prior to each compliance deadline specified in subsection (c). The owner must first apply best available control technology to all applicable engines as required before requesting an extension. The owner shall meet the following application conditions and documentation requirements by providing the following to the Executive Officer: (i) Identification of each engine, by vehicle identification number; engine manufacturer, model year, family, and series; and type of collection vehicle, for which no diesel emission control strategy has been verified, or (ii) Identification of each engine, by vehicle identification number; engine manufacturer, model year, family, and series; and type of collection vehicle, for which a specific diesel emission control strategy would jeopardize the original engine warranty and a statement from the engine manufacturer or authorized dealer stating the original engine warranty would be jeopardized, or (iii) Identification of each engine and vehicle combination, by vehicle identification number; engine manufacturer, model year, family, and series; and type of collection vehicle, for which no diesel emission control strategy is commercially available and a list of manufacturers that have been contacted with their responses to a request to purchase, and (iv) A description of the reason for the request for a compliance extension for each engine or engine and collection vehicle combination, and (v) A copy of the statement of compliance as required in subsection (f)(1)(H) for all applicable collection vehicles, and (vi) Submission of the application for compliance extension to the Executive Officer no later than July 31 annually beginning 2004. For a Group 1 collection vehicle engine, the Executive Officer will accept an annual compliance extension application until July 31, 2007, after which the owner shall comply with subsection (b) by December 31, 2008. For a Group 2a collection vehicle engine, the Executive Officer will accept an annual compliance extension application until July 31, 2008, after which the owner shall comply with subsection (b) by December 31, 2009. For a Groups 2b or 3 collection vehicle engine, the Executive Officer will accept an annual compliance extension application until July 31, 2010, after which the owner shall comply with subsection (b) by December 31, 2011. The Executive Officer will grant a compliance extension for only one year for an engine in Group 2a or 2b. (3) Compliance Extension for an Owner with a Total Fleet of Fewer than Four Solid Waste Collection Vehicles. An owner with three or fewer collection vehicles in his total fleet may delay the intermediate compliance deadline of any engine to its applicable final compliance deadline. (4) Compliance Extension for an Owner of a Dual-Fuel or Bi-Fuel Engine. An owner may delay implementation of a Group 1 dual-fuel or bi-fuel engine to the Group 3 compliance deadlines. (5) Compliance Extension for an Engine near Retirement. If an owner has applied best available control technology to all applicable engines as required, and the next applicable engine is scheduled to be retired from the active fleet within one year of the applicable compliance deadline, then the owner is exempt from applying the best available control technology as defined in subsection (b) to that engine for a maximum of one year, provided documentation of expected retirement date is kept in records as specified in subparagraph (f) and the engine is retired as of the stated expected date. (6) Use of Experimental Diesel Particulate Matter Emission Control Strategies. An owner may use an experimental diesel particulate matter emission control strategy provided by or operated by the manufacturer in no more than 20 collection vehicles, or ten percent, of his total fleet, whichever is less, for testing and evaluation purposes. The owner shall keep documentation of this use in records as specified in subsection (f). Each collection vehicle will be considered to be in compliance for the duration of the experiment, or a maximum of two years. The owner must bring the collection vehicle into compliance within six months of the end of the testing and evaluation period. No experimental diesel particulate matter emission control strategy may be used on a collection vehicle after December 31, 2010. (e) Diesel Emission Control Strategy Special Circumstances. An owner shall maintain the original level of best available control technology on each engine once that engine is in compliance, and is not required to upgrade to a higher level of best available control technology, except under specified special circumstances, as follows: (1) Diesel Emission Control Strategy Failure or Damage. In the event of a failure or damage of a diesel emission control strategy, the following conditions apply: (A) Failure or Damage during the Warranty Period. If a diesel emission control strategy fails or is damaged within its warranty period and the diesel emission control strategy manufacturer or authorized dealer determines it can not be repaired, the owner shall replace the diesel emission control strategy with either the same level diesel emission control strategy or another best available control technology as defined in subsection (b). (B) Failure or Damage Outside of Warranty Period. If a diesel emission control strategy fails or is damaged outside of its warranty period, and it cannot be repaired, the owner shall apply the best available control technology at the time of replacement, as defined in subsection (b). (2) Discontinuation of Fuel Verified as a Diesel Emission Control Strategy. If an owner discontinues use of a fuel verified as a diesel emission control strategy, the owner shall apply best available control technology within 30 days of the date of discontinuation or submit a compliance plan to the Executive Officer no later than 30 days after discontinuation that demonstrates how the owner will bring his collection vehicles into compliance within six months of the date of discontinuation. (3) Limited Use of Level 1 Diesel Emission Control Strategy. If a Level 1 diesel emission control strategy is identified as the best available control technology pursuant to subsection (b), an owner is subject to the following limitations: (A) Group 1. An owner may use a Level 1 diesel emission control strategy in a Group 1 engine for up to ten years, after which the owner shall replace the Level 1 diesel emission control strategy with the best available control technology from subsection (b), except that a Level 1 diesel emission control strategy cannot be installed. (B) Group 2a. An owner with 15 or more collection vehicles in his total fleet may not use a Level 1 diesel emission control strategy on any Group 2a engine. (C) Group 2b. An owner with fewer than 15 collection vehicles in his total fleet may use a Level 1 diesel emission control strategy in a Group 2b engine for up to ten years, after which the owner shall replace the Level 1 diesel emission control strategy with the best available control technology from subsection (b), except that a Level 1 diesel emission control strategy cannot be installed. (D) Group 3. An owner may use a Level 1 diesel emission control strategy in a Group 3 engine for up to five years, after which the owner shall replace the Level 1 diesel emission control strategy with the best available control technology from subsection (b), except that a Level 1 diesel emission control strategy cannot be installed. (f) Record Keeping Requirement. Beginning December 31, 2004, an owner shall maintain the following records. The owner shall provide the following records to an agent or employee of the Air Resources Board upon request for all collection vehicles in his total fleet subject to compliance with this regulation. (1) Records Accessible at Terminal. The owner shall keep the following records accessible either in hard copy format or computer records at the terminal where a collection vehicle normally resides: (A) A list by vehicle identification number of collection vehicles identifying each vehicle type; engine manufacturer, model year, family, and series; and status as active fleet or back-up vehicle, and (B) Correlated to each collection vehicle, the installed diesel emission control strategy, its serial number, manufacturer, model, level, installation date, and if using a Level 1 or Level 2 verified diesel emission control strategy, the reason for the choice, and (C) Records of maintenance for each installed diesel emission control strategy, and (D) For fuel or fuel additives used as a diesel emission control strategy, the most recent two years worth of records of purchase that demonstrate usage, and (E) For each backup vehicle, its mileage as of January 1 of each year beginning January 1, 2005 correlated to the information in paragraph (1)(A) above, and (F) For each engine for which an owner is claiming an exemption pursuant to paragraph (d)(5), the retirement date correlated to the information in paragraph (1)(A) above, and (G) For each engine for which an owner is claiming an extension pursuant to paragraph (d)(6), the records of the test plan, including start and end dates of the experiment; diesel particulate matter emission control strategy manufacturer name and contact information (representative, address, and phone number); name and type of experimental diesel particulate matter emission control strategy; and targeted data to be generated by experiment, correlated to the information in paragraph (1)(A) above, and (H) A statement of compliance, prepared beginning January 1, 2005, and renewed each January 1 thereafter until January 1, 2013, certifying that the owner's engines are in compliance as required, including the following: (i) "The solid waste collection vehicles at terminal (insert terminal identification number) are in compliance with title 13, California Code of Regulations, section 2021.2;" and (ii) The owner's name, business address, business telephone; and (iii) The signature of the owner or owner's agent and date signed. (2) Records Kept in the Solid Waste Collection Vehicle. For each collection vehicle, the owner shall keep the following information affixed to the driver's side door jamb, or another readily accessible location known by the driver of each collection vehicle, in the form of a legible and durable label: (A) For a collection vehicle operated under contract to a municipality, the name of the municipality or municipalities, and (B) For each installed diesel emission control strategy, label information as specified in title 13, California Code of Regulations, section 2706 (g), and the installation date, or (C) Engine model year and planned compliance date, or (D) Designation as a backup vehicle and its mileage as of January 1 of each year beginning January 1, 2005, or (E) Engine model year and retirement date for an engine for which an owner is claiming an exemption pursuant to paragraph (d)(5), or (F) Engine model year and beginning and ending date of the test plan for an engine for which an owner is claiming an extension pursuant to paragraph (d)(6). (3) Each owner shall maintain these records for each collection vehicle until it is sold outside of the State of California or is no longer used as a collection vehicle for the purpose of residential or commercial solid waste collection in the State of California. If ownership is transferred, the seller shall convey the records to the buyer. (g) Non-Compliance. Any violations of this section may carry civil penalties as specified in state law and regulations, including, but not limited to, Health and Safety Code Section 39674. Note: Authority cited: Sections 39600, 39601 and 39658, Health and Safety Code. Reference: Sections 39002, 39003, 39650-39675, 43000, 43013, 43018, 43101, 43102, 43104, 43105 and 43700, Health and Safety Code. s 2023. Fleet Rule for Transit Agencies. (a) The definitions in section 2020 shall apply to sections 2023, 2023.1, 2023.2, 2023.3 and 2023.4. In addition, the following definitions apply only to sections 2023, 2023.1, 2023.2, 2023.3 and 2023.4. (1) "Active fleet" means the total number of urban buses operated by a transit agency or under contract to a transit agency, including spare buses, but not emergency contingency vehicles or non-revenue producing vehicles. (2) "Commuter Service Bus" means a passenger-carrying vehicle powered by a heavy heavy-duty diesel engine or of a type normally powered by a heavy heavy-duty diesel engine that is not otherwise an urban bus and which operates on a fixed route primarily during peak commute hours and that has no more than ten scheduled stops per day, excluding park-and-ride lots. A commuter service bus is a transit fleet vehicle. (3) "Diesel PM emission total," for the purposes of sections 2023.1 and 2023.2, means the sum of the particulate matter (PM) value, based on the engine certification standard, of each diesel fuel, dual-fuel, bi-fuel (except for heavy-duty pilot ignition engines), and diesel hybrid-electric engine in a transit agency's active fleet or transit fleet vehicle fleet in g/bhp-hr. For 1987 and earlier engines, the PM exhaust emission value shall be presumed to be 1.0 g/bhp-hr. (4) "Emergency contingency vehicle" means an urban bus placed in an inactive contingency fleet for energy or other local emergencies, after the urban bus has reached the end of its normal minimum useful life. (5) "Hybrid-electric bus" (HEB) means an urban bus equipped with at least two sources of energy on board; this energy is converted to motive power using electric drive motors and an auxiliary power unit, which converts consumable fuel energy into mechanical or electrical energy. The electric drive motors must be used partially or fully to drive the vehicle's wheels. (6) "Low Usage Vehicle" means a non-revenue-generating transit fleet vehicle that operates for no more than 1000 miles per year. (7) "New Transit Agency" means (A) for the purposes of section 2023.1, a transit agency formed after January 1, 2002; (B) for the purposes of section 2023.2, a transit agency formed after January 1, 2005. (8) "NOx Fleet Average" for the purposes of sections 2023.1 and 2023.2 means the average of the oxides of nitrogen (NOx) emissions for all transit fleet vehicles or urban buses, owned, operated, or leased by a transit agency, based on the engine certification standard of each engine. The NOx fleet average is calculated by summing the NOx engine certification standards in g/bhp-hr, of each engine in an active fleet or transit fleet vehicle fleet, and dividing by the total number of vehicles in that fleet. (9) "Retirement" or "Retire" means an engine will be withdrawn from a transit vehicle fleet in California. The engine may be sold outside of California, scrapped or used in an emergency contingency vehicle or low usage vehicle. (10) "Spare bus" means an urban bus that is used to accommodate routine maintenance and repair operations, and to replace a bus in scheduled service that breaks down or is involved in an accident. (11) "Transit Fleet" means a transit agency's urban buses and transit fleet vehicles, excluding emergency contingency vehicles and low usage vehicles. (12) "Transit Fleet Vehicle" means an on-road vehicle greater than 8,500 pounds gross vehicle weight rating (GVWR) powered by a heavy-duty engine fueled by diesel or alternative fuel, owned or operated by a transit agency, and which is not an urban bus. (13) "Urban bus" means a passenger-carrying vehicle powered by a heavy heavy-duty diesel engine, or of a type normally powered by a heavy heavy-duty diesel engine, with a load capacity of fifteen (15) or more passengers and intended primarily for intra-city operation, i.e., within the confines of a city or greater metropolitan area. Urban bus operation is characterized by short rides and frequent stops. To facilitate this type of operation, more than one set of quick-operating entrance and exit doors would normally be installed. Since fares are usually paid in cash or token, rather than purchased in advance in the form of tickets, urban buses would normally have equipment installed for the collection of fares. Urban buses are also typically characterized by the absence of equipment and facilities for long distance travel, e.g., restrooms, large luggage compartments, and facilities for stowing carry-on luggage. (b) A new transit agency shall: (1) notify the Executive Officer in writing of its existence and submit reports to the Executive Officer as required in section 2023.4(j); (2) choose a compliance path for its active fleet and notify the Executive Officer within 120 days of formation of its intent to follow either the diesel path or alternative path, as described in section 2023.1(a), except that a new transit agency that is a successor to an existing transit agency shall follow the compliance path of the transit agency out of which it has been formed; (3) meet the NOx fleet average and the diesel PM total of the urban buses or transit fleet vehicles (A) used in the transit operations of the existing transit agency out of which the new transit agency is formed or, (B) if not formed from an existing transit agency, meet the requirements set forth in 2023.1(d)(4), 2023.1(e)(5) for urban buses and 2023.2(a)(1)(B), 2023.2(a)(2)(B) 2023.2(b)(3) for transit fleet vehicles; and, (4) comply with all applicable requirements of section 2023, section 2023.1, 2023.2 and 2023.4. (c) A transit agency that installs a diesel emission control strategy to reduce diesel PM shall use a diesel emission control strategy that is verified by the Executive Officer in accordance with section 2700 et seq., title 13, CCR, or an urban bus retrofit device that has been exempted under Vehicle Code section 27156 as an engine rebuild kit and that reduces PM to 0.10 g/bhp-hr when used on an engine model 6V92TA DDEC for the model years specified for that engine. (d) A transit agency that installs a diesel emission control strategy on an engine shall use the following percentage reductions from the engine certification standard value when calculating its total diesel PM emissions: 25 percent for a Level 1, 50 percent for a Level 2, and 85 percent for a Level 3 diesel emission control strategy. (e) A transit agency with fewer than 30 buses in its transit fleet may apply for an extension to comply with the provisions of section 2023.1 and section 2023.2 by submitting documentation of financial hardship to the Executive Officer, in writing, at least thirty (30) days before the requirement becomes applicable for approval by the Executive Officer. Documentation of financial hardship shall include, but is not limited to, an analysis of the cost of compliance, the sources of available funds, and the shortfall between funds available and the cost of compliance. The transit agency must also specify the date and means by which compliance will be achieved in the request for a delay. (f) A transit agency that is unable to comply with an implementation deadline specified in section 2023.1 paragraph (e)(1), (2), (3), or (4) or section 2023.2(b)(1) or (2) because of the unavailability of technology may apply in writing to the Executive Officer for an extension of the compliance deadline. The application to the Executive Officer must be made in writing and at least ninety (90) days before the applicable implementation deadline. The Executive Officer may grant an extension of up to one year, provided that the applicant: (1) demonstrates that the technology is unavailable; (2) explains why the transit agency cannot comply by retiring older buses; and (3) provides a schedule for compliance. (g) A transit agency that owns, operates, or leases fewer than 20 diesel-fueled, dual-fuel, bi-fuel, or diesel hybrid-electric buses in its transit fleet and that operates in a federal one-hour ozone attainment area may delay implementation of the intermediate total diesel PM emission reduction requirements provided the transit agency complies with the implementation deadlines set forth in Section 2023.1 paragraphs (e)(3)(A) or (e)(4) and section 2023.2 paragraph (b)(2). (h) Non-Compliance. Any violations of sections 2023, 2023.1, 2023.2, 2023.3, or 2023.4 may be subject to civil penalties as specified in state law and regulations. 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. s 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) Transit agencies must choose their compliance path, and shall notify ARB of their intent to follow either the diesel or the alternative-fuel path, by January 31, 2001. Reporting requirements for that notification are set forth in subdivisions (a) and (b) of section 2023.4, title 13, CCR. (2) A transit agency within the jurisdiction of the South Coast Air Quality Management District may elect to change its compliance path from the diesel path to the alternative-fuel path, provided that the transit agency notifies the Executive Officer of the change by January 31, 2004, and provided that the transit agency is in compliance with all requirements of section 2023.1, including specific requirements of the diesel path, on or before January 1, 2004. Reporting requirements for this notification are set forth in paragraph (b)(3) of section 2023.4, title 13, CCR. (3) A new transit agency that is a successor to an existing transit agency or that has been created from a merger of two or more transit agencies or parts of two or more transit agencies must have the same compliance path as the transit agency or agencies out of which it is formed. (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 October 7, 2006. (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. (C) Submit annual reports that meet the requirements in section 2023.4(b)(4). (b) Transit agencies on the alternative-fuel path shall meet the following requirements: (1) Upon approval of the regulation, and through Model Year 2015, at least 85 percent of all urban buses purchased or leased each year must be alternative-fuel buses or buses with engines purchased under paragraph (b)(9). (2) NOx fleet average requirements as set forth in subdivision (d), below. (3) Beginning October 1, 2002, only engines certified to an optional PM standard of 0.03 g/bhp-hr or lower shall be purchased when making new bus purchases. (4) Total diesel PM emission reduction requirements and use of low-sulfur or other allowed fuel as set forth in subdivision (e), below. (5) Transit agencies on the alternative-fuel path shall not purchase any diesel-fueled, dual-fuel, or bi-fuel buses with 2004-2006 model year engines certified to emissions levels in excess of those specified in paragraph (a)(11) of section 1956.1, title 13, CCR, except as provided in paragraph (b)(8) or (b)(9) of this section. (6) Zero-emission bus purchase requirements beginning in model year 2010, in accordance with the requirements set forth in subdivision (c) of section 2023.3, title 13, CCR. (7) Reporting requirements as set forth in section 2023.4, title 13, CCR. (8) The Executive Officer may exempt transit agencies on the alternative-fuel path from the requirements of paragraph (b)(5) of section 2023.1, title 13, CCR, provided that: (A) A transit agency applies to the Executive Officer for such exemption by June 30, 2001; (B) A transit agency demonstrates to the Executive Officer that it will achieve NOx emissions benefits through 2015 greater than what would have been achieved through compliance with paragraph (b)(5); and (C) The Executive Officer finds that transit agencies, after consulting with the Engine Manufacturers Association, have demonstrated, or are contractually committed to demonstrate, advanced NOx aftertreatment technology. (9) A transit agency on the alternative-fuel path may purchase a bus operated with a heavy-duty pilot ignition engine provided the engine meets the standards set forth in subdivision (b) of section 1956.1, title 13, CCR. (c) Transit agencies on the diesel path shall meet the following requirements: (1) NOx fleet average requirements as set forth in subdivision (d), below. (2) Total diesel PM emission reduction requirements and use of low-sulfur or other allowed fuel as set forth in subdivision (e), below. (3) Zero-emission bus demonstration as required in subdivision (b) of section 2023.3, title 13, CCR. (4) Transit agencies on the diesel path shall not purchase any diesel-fueled, dual-fuel, or bi-fuel buses with 2004-2006 model year engines certified to emissions levels in excess of those specified in paragraph (a)(11) of section 1956.1, title 13, CCR, except as provided in paragraph (c)(7) or (c)(8) of this section. Beginning July 1, 2003, a transit agency may not purchase alternative fuel buses certified to a PM emission level in excess of the optional standard of 0.03 g/bhp-hr when making new bus purchases. (5) Zero-emission bus purchase requirements beginning in model year 2008, in accordance with the requirements set forth in subdivision (c) of section 2023.3, title 13, CCR. (6) Reporting requirements as set forth in section 2023.4, title 13, CCR. (7) The Executive Officer may exempt transit agencies on the diesel path from the requirements of paragraph (c)(4) of section 2023.1, title 13, CCR, provided that: (A) A transit agency applies to the Executive Officer for such exemption by June 30, 2001; (B) A transit agency demonstrates to the Executive Officer that it will achieve NOx emissions benefits through 2015 greater than what would have been achieved through compliance with paragraph (c)(4); and (C) The Executive Officer finds that transit agencies, after consulting with the Engine Manufacturers Association, have demonstrated, or are contractually committed to demonstrate, advanced NOx aftertreatment technology. (8) A transit agency on the diesel-fuel path may purchase a bus operated with a heavy-duty pilot ignition engine provided the engine meets the standards set forth in subdivision (b) of section 1956.1. (9) The Executive Officer shall authorize, in writing, a transit agency on the diesel path to purchase one or more diesel-fueled hybrid-electric bus certified under title 13, CCR, section 1956.1(a)(11)(B) provided that: (A) The transit agency shall submit a mitigation plan and letter requesting approval by January 31, 2005, to the Executive Officer that demonstrates that the transit agency will provide surplus emission reductions from urban buses in its fleet that will offset the NOx emission difference between the certified NOx emission standard of the hybrid-electric bus and 0.5 g/bhp-hr. The transit agency may not use NOx emission reductions that are otherwise required by any statute, regulation, or order or the emission reductions that will accrue from the retirement of an urban bus to be replaced by a hybrid-electric bus for the offset; (B) The transit agency shall complete implementation of all mitigation measures set forth in the approved plan to offset NOx emissions prior to the receipt of the last diesel-fueled hybrid-electric bus; and (C) The transit agency shall submit the reports required by section 2023.4(g). (d) Beginning October 1, 2002, no transit agency shall own, operate, or lease an active fleet of urban buses with average NOx emissions in excess of 4.8 g/bhp-hr, based on the engine certification standards of the engines in the active fleet. (1) This active fleet average requirement shall be based on urban buses owned, operated, or leased by the transit agency, including diesel buses, alternative-fuel buses, all heavy-duty zero-emission buses, electric trolley buses, and articulated buses, in each transit agency's active fleet. The Executive Officer may allow zero-emission buses that do not meet the definition of an urban bus to be included in the calculation of the fleet average standard upon written request to the ARB by January 31, 2002, and upon approval by the Executive Officer. The request shall include a description of the zero-emission buses, the zero-emission technology utilized, and the number of zero-emission buses to be used in calculating the NOx fleet average standard. Zero-emission buses not meeting the definition of an urban bus may not be used to satisfy the requirements of the Zero-emission Bus Demonstration Project set forth in subdivision (b) of section 2023.3, title 13, CCR. (2) Transit agencies may use ARB-certified NOx retrofit systems to comply with the fleet average requirement (in addition to bus purchases, repowerings, and retirements). (3) Transit agencies have the option of retiring all 1987 and earlier model year diesel urban buses by October 1, 2002, to comply with the fleet average standard requirement. (4) A transit agency established after January 1, 2005, shall not operate an active fleet of urban buses with an average NOx emission in excess of: (A) 4.0 g/bhp-hr, or (B) the NOx average of the active fleet of the transit agency from which it was formed, whichever is lower, or (C) in the case of a merger of two or more transit agencies or parts of two or more transit agencies, the average of the NOx fleet averages, whichever is lower. (e) To reduce public exposure to diesel particulate matter, each transit agency shall reduce the diesel PM emissions total of the diesel buses in its active fleet relative to its diesel PM emission total as of January 1, 2002, according to the schedule below, and shall operate its diesel buses on diesel fuel with a maximum sulfur content of 15 parts per million by weight. Documentation of compliance with these requirements must be provided in accordance with the provisions of subdivision (d) of section 2023.4, title 13, CCR. (1) No later than January 1, 2004: (A) The diesel PM emission total for a transit agency on the diesel path shall be no more than 60 percent of its diesel PM emission total on January 1, 2002. (B) The diesel PM emission total for a transit agency on the alternative fuel path shall be no more than 80 percent of its diesel PM emission total on January 1, 2002. (2) No later than January 1, 2005: (A) The diesel PM emission total for a transit agency on the diesel path shall be no more than 40 percent of its diesel PM emission total on January 1, 2002. (B) The diesel PM emission total for a transit agency on the alternative fuel path shall be no more than 60 percent of its diesel PM emission total on January 1, 2002. (3) No later than January 1, 2007: (A) The diesel PM emission total for a transit agency on the diesel path shall be no more than 15 percent of its diesel PM emission total on January 1, 2002 or equal to 0.01 g/bhp-hr times the total number of current diesel-fueled active fleet buses, whichever is greater. (B) The diesel PM emission total for a transit agency on the alternative fuel path shall be no more than 40 percent of its diesel PM fleet average on January 1, 2002. (4) No later than January 1, 2009, the diesel PM emission total for a transit agency on the alternative fuel path shall be no more than 15 percent of its diesel PM emission total on January 1, 2002 or equal to 0.01 g/bhp-hr times the total number of current diesel-fueled active fleet buses, whichever is greater. (5) Beginning on January 1, 2005, a new transit agency may not have a diesel PM emission total exceeding the following values: (A) As of January 1, 2005 through December 31, 2009, 0.05 g/bhp-hr (exhaust emission value) times the total number of diesel-fueled buses in the active fleet; (B) As of January 1, 2010, 0.01 g/bhp-hr (exhaust emission value) times the total number of diesel-fueled buses in the active fleet. (6) Beginning July 1, 2002, a transit agency shall not operate its diesel urban buses on diesel fuel with a sulfur content in excess of 15 parts per million by weight, except that a transit agency may operate its diesel buses on a fuel that is verified by the Executive Officer as a diesel emission control strategy that reduces PM in accordance with section 2700 et seq., title 13, CCR. A transit agency with fewer than 20 buses in its active fleet, and that operates in a federal one-hour ozone attainment area, is not subject to this low-sulfur fuel requirement until July 1, 2006. In areas redesignated as one-hour ozone non-attainment areas prior to July 1, 2006, a transit agency initially exempt from the low-sulfur fuel requirement shall submit a plan to the Executive Officer within 30 days of redesignation for achieving compliance with this requirement. 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. s 2023.2. Fleet Rule for Transit Agencies - Transit Fleet Vehicle Requirements. (a) A transit agency shall not operate transit fleet vehicles with a NOx fleet average exceeding the following values as of the specified dates. A transit agency shall provide documentation of compliance with the requirements in accordance with the provisions of subdivision (e)(2) of section 2023.4, title 13, CCR. (1) Beginning December 31, 2007 through December 30, 2010, 3.2 g/bhp-hr; (A) A transit agency may retire all 1997 and earlier model year engines in transit fleet vehicles by December 31, 2007, to comply with the NOx fleet average requirement. (B) For a new transit agency established after December 31, 2007 and through December 31, 2009, either 3.2 g/bhp-hr or no higher than the NOx average of the transit fleet vehicles of the transit agency from which the new transit agency has been formed, whichever is lower. (2) Beginning December 31, 2010, 2.4 g/bhp-hr; (A) A transit agency may retire all 2001 and earlier model year engines in transit fleet vehicles by December 31, 2010, to comply with the NOx fleet average requirement. (B) For a new transit agency established after December 31, 2010, either 2.4 g/bhp-hr or no higher than the NOx average of the transit fleet vehicles of the transit agency from which the new transit agency has been formed, whichever is lower. (3) Zero-emission buses used to satisfy the requirements set forth in subdivision (d) of section 2023.1 may not be used to meet the requirements of this subdivision. (4) A transit agency may claim NOx reductions by application of a system that has been verified by the Executive Officer in accordance with section 2700 et seq., title 13, CCR to comply with the fleet average requirement, in addition to transit fleet vehicle purchases, retirements, or engine Repowering. (b) A transit agency shall reduce the total diesel particulate matter (PM) emissions of its diesel transit fleet vehicles relative to its total diesel PM emissions from diesel transit fleet vehicles as of January 1, 2005, according to the schedule below. "Diesel PM emission total" and how it is calculated are defined in 2023(a)(3). A transit agency shall provide documentation of compliance with these requirements in accordance with the provisions of subdivision (e)(3) of section 2023.4, title 13, CCR. (1) (No later than December 31, 2007, the diesel PM emission total for a transit agency's transit fleet vehicle fleet shall be no more than 60 percent of its diesel PM emission total on January 1, 2005. (2) No later than December 31, 2010, the diesel PM emission total for a transit agency's transit fleet vehicle fleet shall be no more than 20 percent of its diesel PM emission total on January 1, 2005, or equal to 0.01 g/bhp-hr times the total number of transit fleet vehicles in the current fleet, whichever is greater. (3) A new transit agency established after January 1, 2005, may not have a diesel PM emission total exceeding the following values: (A) For a new transit agency established January 1, 2005 through December 31, 2006, 0.1 g/bhp/hr (exhaust emission value) times the number of diesel-fueled transit fleet vehicles in its fleet. This value will serve as the transit agency's PM baseline. The transit agency must meet the requirements set forth in section 2023.2(b)(1) and (2). (B) For a new transit agency established January 1, 2007 through December 31, 2009, 0.1 g/bhp/hr (exhaust emission value) times the number of diesel-fueled transit fleet vehicles in its fleet. This value will serve as the transit agency's PM baseline and shall be reduced by 50 percent of its PM baseline value by December 31, 2010, and 80 percent by December 31, 2012. (C) For a new transit agency established January 1, 2010 or later, 0.01 g/bhp-hr (exhaust emission value) times the total number of diesel transit fleet vehicles in its fleet. (c) A transit agency may apply to the Executive Officer for a delay in meeting the provisions of section 2023.2(a) and 2023.2(b) for up to one year to allow for the termination of a vehicle lease, maintenance/lease, turnkey or vehicle/service contract as defined by the Federal Transit Administration (FTA). The transit agency shall apply to the Executive Officer no later than 90 days prior to the applicable deadlines and shall include a description of the reason the delay is required, the reason the contractor cannot provide a newer vehicle to replace an existing vehicle within the terms of the contract, and provide a schedule for compliance by the end of the compliance extension. Note: Authority cited: Sections 39600, 39601, 39659, 39667 and 43018, Health and Safety Code. Reference: Sections 39667, 39700, 39701, 43000, 43000.5, 43013, 43018, 43801 and 43806, Health and Safety Code. s 2023.3. Zero-Emission Bus Requirements. (a) "Zero-emission bus" means an Executive Officer certified urban bus that produces zero exhaust emissions of any criteria pollutant (or precursor pollutant) under any and all possible operational modes and conditions. (1) A hydrogen-fuel cell bus shall qualify as a zero-emission bus. (2) An electric trolley bus with overhead twin-wire power supply shall qualify as a zero-emission bus. (3) A battery electric bus shall qualify as a zero-emission bus. (4) Incorporation of a fuel-fired heater shall not preclude an urban bus from being certified as a zero-emission bus, provided the fuel-fired heater cannot be operated at ambient temperatures above 40(F and the heater is demonstrated to have zero evaporative emissions under any and all possible operational modes and conditions. (b) Zero-emission Bus Demonstration Project - except as provided in (3) below, the owner or operator of an urban bus fleet on the diesel path in accordance with the provisions of section 2023.1, with more than 200 urban transit buses in its active fleet on January 31, 2001, shall implement a demonstration project. The owner or operator shall evaluate the operation of zero-emission buses in revenue service, and prepare and submit a report on the demonstration project to the Executive Officer for inclusion in a future review of zero-emission technology. (1) This demonstration project shall meet all of the following specifications and requirements: (A) utilize a minimum of three zero-emission buses, (B) include any necessary site improvements, (C) locate fueling infrastructure onsite, (D) provide appropriate maintenance and storage facilities, (E) train bus operators and maintenance personnel, (F) place the buses in revenue service for a minimum duration of 12 calendar months, (G) retain operation and maintenance records, and (H) report on the demonstration program as set forth in subdivision (f) of section 2023.4, title 13, CCR. (2) When planning and implementing the demonstration project, the operator or owner shall meet the following milestones: (A) no later than January 1, 2002, prepare and solicit bid proposals for materials and services necessary to implement the demonstration project, including but not limited to the zero-emission buses and the associated infrastructure (B) no later than February 28, 2006, place at least three zero-emission buses in operation, and (C) no later than July 31, 2005, submit a preliminary report on the demonstration project to the Executive Officer, in accordance with paragraph (f)(3) of section 2023.4, title 13, CCR and, (D) no later than July 31, 2007, submit a report on the demonstration project to the Executive Officer, in accordance with paragraph (f)(4) of section 2023.4, Title 13, CCR. (3) Multiple transit agencies within the same air basin may, on a case-by-case basis, petition the Executive Officer to implement a joint zero-emission bus demonstration project. Electric trolley buses shall not qualify as zero-emission buses for purposes of this joint demonstration project. No more than three transit agencies can participate in any one joint project. Transit agencies that are participating in a joint demonstration project shall: (A) designate the agency hosting the onsite demonstration, (B) jointly fund the demonstration project, and (C) place a minimum of three zero-emission buses per demonstration project in revenue service. (c) Purchase Requirement for Zero-emission Buses - The owner or operator of a transit agency with more than 200 urban buses in active service on January 1, 2007, for transit agencies on the diesel path, and January 1, 2009, for transit agencies on the alternative-fuel path, shall purchase and/or lease zero-emission buses, in accordance with the following: (1) For transit agencies on the diesel path, in accordance with the requirements in section 2023.1, a minimum 15 percent of purchase and lease agreements, when aggregated annually, for model year 2008 through model year 2015 urban buses shall be zero-emission buses. (2) For transit agencies on the alternative-fuel path, in accordance with the requirements in section 2023.1, a minimum 15 percent of purchase and lease agreements, when aggregated annually, for model year 2010 through model year 2015 urban buses shall be zero-emission buses. (3) The provisions of paragraphs (1) and (2) shall not apply if the operator's urban bus fleet is composed of 15 percent or more zero-emission buses on January 1, 2008, for transit agencies on the diesel path, and on January 1, 2010, for transit agencies on the alternative-fuel path, or at any time thereafter. (4)(A) Transit agencies on either the diesel path or alternative-fuel path may earn credits for use in meeting the purchase requirements for zero-emission buses specified in paragraphs (c)(1) and (c)(2) by placing zero-emission buses in service prior to the dates specified in paragraphs (c)(1) and (c)(2). For each zero-emission bus placed into early service, credits shall be accrued according to the following table. Each earned credit is equivalent to one zero-emission bus. Credits per Year Place Path 2000-2003 2004-2005 2006 2007 2008 2009 Diesel 3 2.5 2 1.5 - - Alternative- fuel 3 2.5 2 1.5 1.5 1 (B) Zero-emission buses placed in service to meet the zero-emission bus demonstration projects as specified in subdivision (b) are not permitted to accrue credits towards the zero-emission bus purchase requirements. (d) The Air Resources Board shall review zero-emission bus technology and the feasibility of implementing the requirements of subdivision (c) above no later than January 2006. Based on that assessment, the Board shall decide whether to proceed with the implementation of subdivision (c) requirements. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43100, 43101, 43104 and 43806, Health and Safety Code. Reference: Sections 39002, 39003, 39017, 39018, 39500, 40000, 43000, 43000.5, 43009, 43013, 43018, 43102, 43801 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. s 2023.4. Reporting Requirements for Transit Agencies. (a) The following reports on new urban bus purchases and/or leases by transit agencies on the alternative-fuel path shall be submitted as described below: (1) The initial report shall be submitted by January 31, 2001, and shall state the transit agency's intent to follow the alternative-fuel path. (2) Any requests for deviation from the requirement that 85 percent of buses purchased per year must be alternative-fuel buses must be submitted in writing and approved by the Executive Officer of the Air Resources Board 90 days prior to purchase. The written request must include the reason for requesting the deviation from the 85 percent annual purchase requirement and the transit agency's future planned alternative-fuel bus purchases. (3) Each transit agency shall submit an annual report containing: the number, manufacturer, make, and model year of engines, and fuel used for each urban bus it currently owns or operates, urban bus purchases and/or leases beginning January 1, 2000, and annual average percentage of total urban bus purchases and/or leases that were alternative-fuel buses. The first report shall be submitted by January 31, 2001. Subsequent reports shall be submitted annually by January 31 through the year 2016. (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) The initial report shall be submitted by January 31, 2001, and shall state the transit agency's intent to follow the diesel path. (2) Each transit agency shall submit an annual report containing the number, manufacturer, make, and model year of engines, and fuel used for each urban bus it currently owns or operates, and urban bus purchases and/or leases beginning January 1, 2000. The first report shall be submitted by January 31, 2001. Subsequent reports shall be submitted annually by January 31 through the year 2016. (3) A transit agency within the jurisdiction of the South Coast Air Quality Management District that chooses to change from the diesel path to the alternative fuel path in accordance with paragraph (a)(2) of section 2023.1, title 13, CCR, must submit to the Executive Officer a letter of intent to follow the alternative fuel path no later than January 31, 2004. The letter of intent shall contain a statement certifying that the transit agency is in compliance with all provisions of the fleet rule for transit agencies on or before January 1, 2004. (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, 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 2706(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. (c) Each transit agency shall submit the following reports on the urban bus NOx fleet average requirement: (1) Initial documentation shall be submitted by January 31, 2001, and contain, at a minimum, the active urban bus fleet NOx emission average, and if that number exceeds the average required in subdivision (d), section 2023.1, title 13, CCR, a schedule of actions planned to achieve that average by October 1, 2002, including numbers and model years of bus purchases, retirements, retrofits, and/or repowerings, or shall indicate the intent of the transit agency to retire all model year 1987 and earlier buses in its active fleet by October 1, 2002. (2) A final report shall be submitted by January 31, 2003, detailing the active urban bus fleet NOx emission average as of October 1, 2002, and actions, if any were needed, taken to achieve that standard, including numbers and model years of bus purchases, retirements, retrofits, and/or repowerings, or documenting the retirement of all model year 1987 and earlier buses. (d) Each transit agency shall submit the following reports on the total diesel PM emission reduction requirements for urban buses: (1) An initial annual report shall be submitted by January 31, 2003, and shall contain, at a minimum, the following information: (A) number, manufacturer, make, and model year of diesel-fueled, dual-fuel, bi-fuel (except for heavy-duty pilot ignition engines), and diesel hybrid-electric engines in urban buses in the active fleet; the PM engine certification value of each of those bus engines; the diesel PM emission total for the diesel buses in the active fleet; and the diesel PM emission total for the baseline date of January 1, 2002. (B) For each urban bus for which a diesel emission control strategy has been applied, the device's product serial number; its Diesel Emission Control Strategy Family Name in accordance with the requirements of section 2706(g)(2), title 13, CCR; and the date of installation. (2) Annual reports shall be submitted each year beginning January 31, 2004 and each January 31 thereafter, through 2009, and shall contain the information required in paragraphs (d)(1)(A) and (B) above plus the total percentage reduction of PM achieved from the baseline diesel PM emission total as of January 1 of each applicable year. (e) Each transit agency shall submit the following reports for its transit fleet vehicles: (1) An annual report of the number, manufacturer, make, and model year of engines and fuel used for each transit fleet vehicle it currently owns, leases, or operates as of January 1st of each year, beginning in 2006. The first report shall be submitted by January 31, 2006, and subsequent reports shall be submitted annually by January 31st through the year 2016. (2) For the NOx fleet average reduction requirements set forth in section 2023.2(a): (A) A report submitted by January 31, 2006, must contain at a minimum, the transit vehicle fleet NOx emission average. If that number exceeds the average required in section 2023.2(a)(1), the report must include a schedule of actions planned to achieve compliance by December 31, 2007. 1. If a change to the compliance schedule occurs that results in noncompliance, the transit agency must notify the Executive Officer within 30 days. 2. Notification to the Executive Officer must include a revised schedule showing how the agency will be in compliance within 90 days of the schedule change that caused noncompliance. (B) A report submitted by January 31, 2008, must contain, details of the transit fleet vehicle fleet NOx emission average as of December 31, 2007, or must document the retirement of all model year 1997 and earlier transit fleet vehicle engines by December 31, 2007. (C) A report submitted by January 31, 2009, must contain at a minimum, the transit vehicle fleet NOx emission average. If that number exceeds the average required in section 2023.2(a)(1), the report must include a schedule of actions planned to achieve compliance by December 31, 2010. 1. If a change to the compliance schedule occurs that results in noncompliance, the transit agency must notify the Executive Officer within 30 days. 2. Notification to the Executive Officer must include a revised schedule showing how the agency will be in compliance within 90 days of the schedule change that caused noncompliance. (D) A final report submitted by January 31, 2011 must contain details the transit fleet vehicle fleet NOx emission average as of December 31, 2010, or must document the retirement of all model year 2001 and earlier transit fleet vehicle engines by December 31, 2010. (3) For the total diesel PM reduction requirements set forth in section 2023.2(b): (A) An initial report submitted by January 31, 2006, must contain the PM engine certification value of each transit fleet vehicle engine and the transit fleet vehicle diesel PM total as of January 1, 2005. (B) A report submitted by January 31, 2008, must contain the transit fleet vehicle diesel PM total as of December 31, 2007, and the percentage diesel PM reduced, documenting compliance with the requirement in section 2023.2(b)(1). (C) A final report submitted by January 31, 2011, of the transit fleet vehicle diesel PM total as of December 31, 2010, and the percentage diesel PM reduced, documenting compliance with the requirement in section 2023.2(b)(2). (D) For each transit fleet vehicle for which a diesel emission control strategy has been applied, each report specified above must include the strategy's product serial number; its Diesel Emission Control Strategy Family Name in accordance with the requirements of section 2705(g)(2), title 13, CCR; and the date of installation correlated to a specific transit fleet vehicle engine. (f) The following reports on the zero-emission bus demonstration program shall be submitted by those transit agencies required to conduct such demonstrations, as described below: (1) Initial documentation shall be submitted by January 31, 2003, and contain, at a minimum, the bus order and delivery schedule, fuel type, type of refueling station, any planned facility modifications, and a revenue service demonstration plan; (2) A financial plan shall be submitted by January 31, 2003, and contain, at a minimum, projected expenditures for capital costs for purchasing and/or leasing buses, refueling stations, any facility modifications, and projected annual operating costs; (3) A preliminary report shall be submitted by July 31, 2005 and contain, at a minimum, the following information: (A) a brief description of the zero-emission technology utilized, identification of the bus manufacturer, and the product specifications; (B) miles driven per bus in revenue and non-revenue service, safety incidents, and maintenance (both scheduled and unscheduled); (C) qualitative transit personnel and passenger experience; and (D) a financial summary of the capital costs of bus purchases and/or leases and fueling infrastructure. (4) A final report shall be submitted by July 31, 2007, and contain, at a minimum, the following information: (A) a brief description of the zero-emission technology utilized, identification of bus manufacturer and product specifications, (B) miles driven per bus in revenue service, bus down time (scheduled and unscheduled), safety incidents, driver and mechanic training conducted, and maintenance (both scheduled and unscheduled), (C) qualitative transit personnel and passenger experience, and (D) a financial summary of capital costs of demonstration program, including bus purchases and/or leases, fueling infrastructure, any new facilities or modifications, and annual operating costs. (g) The following reports on new zero-emission bus purchases and/or leases shall be submitted by transit agencies required to purchase zero-emission buses as described below: (1) Initial report shall be submitted by January 1, 2007 for transit agencies on the diesel path, and by January 1, 2009, for transit agencies on the alternative-fuel path. The initial report shall contain, at a minimum, the following information: (A) a brief description of the zero-emission technology to be utilized and a plan for the implementation of the requirement, (B) for an exemption from the purchase requirement, documentation that 15 percent or more of the transit agency's active urban bus fleet is composed of zero-emission buses. (2) Any requests for deviation from the requirement that 15 percent of buses purchased per year must be zero-emission buses must be submitted in writing and approved by the Executive Officer of the Air Resources Board 90 days prior to a transit agency submitting a purchase order(s) reflecting the purchase deviation. The written request shall include the reason for requesting the deviation and the transit agency's future planned zero-emission bus purchases. (3) Transit agencies on the diesel path shall include in the annual reports required in paragraph (b)(2): zero-emission bus purchases and/or leases beginning with model year 2008 and through model year 2015, and the annual average percentage of total bus purchases and/or leases that were zero-emission buses. (4) Transit agencies on the alternative-fuel path shall include in the annual reports required in paragraph (a)(3): zero-emission bus purchases and/or leases beginning with model year 2010 and through model year 2015, and the annual average percentage of total bus purchases and/or leases that were zero-emission buses. (h) Transit agencies exempted from the requirements of paragraphs (b)(5) and (c)(4), section 2023.1, title 13, CCR, shall submit annual reports demonstrating that they are achieving NOx emission benefits required in paragraphs (b)(8)(B) and (c)(7)(B), section 2023.1, title 13, CCR. The first report shall be submitted by January 31, 2005. Subsequent reports shall be submitted annually by January 31 through the year 2016. (i) A transit agency requesting approval for the purchase of diesel-fueled hybrid-electric buses pursuant to paragraph (c)(9), section 2023.1, title 13, CCR, shall: (1) submit an application for approval that meets the requirements of paragraphs (c)(9)(A) and (c)(9)(B), section 2023.1, title 13, CCR; (2) include in the application all of the following: the number, manufacturer, make and model year of diesel-fueled hybrid-electric buses to be purchased; the schedule for the purchase and delivery of the buses; a detailed description of all measures that will be used to offset the excess NOx emissions including identification of the specific buses to which the measures will be applied, and the schedule for implementing those measures; and (3) submit a final report to the Executive Officer within 30 days of receipt of the last diesel-fueled hybrid-electric bus that documents the schedule of delivery of the diesel-fueled hybrid-electric buses, timing, and completion of all measures to achieve the NOx offset. (j) A new transit agency shall submit the following information to the Executive Officer: (1) within 60 days of formation, the name of the new transit agency, its mailing address, name of a contact person and that person's e-mail address and phone number; a description of the service area and proposed routes; and the planned number of urban buses and transit fleet vehicles, including model years of engines; (2) within 120 days of formation, its NOx fleet average for its active fleet and, separately, its transit fleet vehicles, and its diesel PM emission total for its active fleet and, separately, its diesel PM emission total for its transit fleet vehicles. (k)(1) A transit agency that fails to submit a complete report in accordance with this section is subject to civil penalties of not less than $100 per day for every day past January 31 of each reporting year through 2016. (2) A new transit agency that fails to submit its report or required information in accordance with this section is subject to civil penalties of not less than $100 per day for every day past the required reporting dates in section 2023.4(j). (3) A report that does not contain all required information will not be considered complete. A report will be considered to be complete as of the date that all required information is submitted. 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. s 2030. Liquefied Petroleum Gas or Natural Gas Retrofit Systems. (a) Applicable Standards and Test Procedures. The standards and test procedures for approval of systems designed to convert 1993 and earlier model year motor vehicles to use liquefied petroleum gas or natural gas fuels are contained in "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Liquefied Petroleum Gas or Natural Gas Fuels" adopted by the state board on April 16, 1975, as amended November 21, 1995. The standards and test procedures for approval of systems designed to convert 1994 and subsequent model year motor vehicles to use liquefied petroleum gas or natural gas fuels are contained in "California Certification and Installation Procedures for Alternative Fuel Retrofit Systems for Motor Vehicles Certified for 1994 and Subsequent Model Years and for all Model Year Motor Vehicle Retrofit Systems Certified for Emission Reduction Credit," adopted by the State Board March 11, 1993, as amended September 25, 1997. At the option of the retrofit system manufacturer, the standards and test procedures for approval of systems designed to convert 1994 and subsequent model year vehicles to use liquefied petroleum gas or natural gas fuels may be used for approval of systems designed to convert 1993 and earlier model year motor vehicles to use liquefied petroleum gas or natural gas fuels in lieu of the "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Liquefied Petroleum Gas or Natural Gas Fuels." (b) Implementation Phase-In Schedule. Notwithstanding subsection (a), a retrofit system manufacturer may apply "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Liquefied Petroleum Gas or Natural Gas Fuels" to certify retrofit systems for 1994 and 1995 model-year vehicles in accordance with the following implementation phase-in schedule. Each manufacturer may certify a maximum of 85 percent of its total 1994 model-year engine family retrofit systems, 45 percent of its total 1995 model-year systems, and 45 percent of its total 1996 model-year systems, according to the requirements of these test procedures and "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Alcohol or Alcohol/Gasoline Fuels", adopted by the State Board on April 28, 1983, as amended November 21, 1995. The remaining percentage of each manufacturer's certified 1994, 1995, and 1996 model-year engine family retrofit systems and all of 1997 and subsequent model-year engine family retrofit systems shall be certified according to "California Certification and Installation Procedures for Alternative Fuel Retrofit Systems For Motor Vehicles Certified For 1994 and Subsequent Model Years and for all Model Year Motor Vehicle Retrofit Systems Certified for Emission Reduction Credit." The percentages shall be determined from the total number of retrofit systems certified and shall be met prior to the end of the next respective calendar year. "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Liquefied Petroleum Gas or Natural Gas Fuels" shall not be applied to certify a retrofit system for installation on a transitional low-emission vehicle ( "TLEV)", low-emission vehicle ( "LEV)", or ultra-low-emission vehicle ( "ULEV)" or to certify a retrofit system designed to convert a vehicle to TLEV, LEV, or ULEV emission standards (as defined in Section 1960.1, Title 13, California Code of Regulations), or to certify a retrofit system for emission reduction credits. Note: Authority cited: Sections 39515, 39600, 39601 and 43006, Health and Safety Code. Reference: Sections 43000, 43004, 43006, 43008.6, 43013 and 43108, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 2031. Alcohol or Alcohol/Gasoline Fuels Retrofit Systems. (a) Applicable Standards and Test Procedures. The standards and test procedures for approval of systems designed to convert 1993 and earlier model year motor vehicles to use alcohol or alcohol/gasoline fuels in lieu of the original certification fuel system are contained in "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Alcohol or Alcohol/Gasoline Fuels," adopted by the State Board April 28, 1983 as amended November 21, 1995. The standards and test procedures for approval of systems designed to convert 1994 and subsequent model year motor vehicles to use alcohol or alcohol/gasoline fuels are contained in "California Certification and Installation Procedures for Alternative Fuel Retrofit Systems for Motor Vehicles Certified for 1994 and Subsequent Model Years and for all Model Year Motor Vehicle Retrofit Systems Certified for Emission Reduction Credit," adopted by the State Board March 11, 1993, as amended September 25, 1997. At the option of the retrofit system manufacturer, the standards and test procedures for approval of systems designed to convert 1994 and subsequent model year motor vehicles to use alcohol or alcohol/gasoline fuels may be used for approval of systems designed to convert 1993 and earlier model year motor vehicles to use alcohol or alcohol/gasoline fuels in lieu of the "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Alcohol or Alcohol/Gasoline Fuels." (b) Implementation Phase-In Schedule. Notwithstanding subsection (a), a retrofit system manufacturer may apply "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Alcohol or Alcohol/Gasoline Fuels" to certify retrofit systems for 1994 and 1995 model-year vehicles in accordance with the following implementation phase-in schedule. Each manufacturer may certify a maximum of 85 percent of its total 1994 model-year engine family retrofit systems, 45 percent of its total 1995 model-year systems, and 45 percent of its total 1996 model-year systems, according to the requirements of these test procedures and the "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Liquefied Petroleum Gas or Natural Gas Fuels," adopted by the State Board on April 16, 1975, as amended November 21, 1995. The remaining percentage of each manufacturer's certified 1994, 1995, and 1996 model-year engine family retrofit systems and all of 1997 and subsequent model-year engine family retrofit systems shall be certified according to "California Certification and Installation Procedures for Alternative Fuel Retrofit Systems For Motor Vehicles Certified For 1994 and Subsequent Model Years and for all Model Year Motor Vehicle Retrofit Systems Certified for Emission Reduction Credit." The percentages shall be determined from the total number of retrofit systems certified and shall be met prior to the end of the next respective calendar year. "California Exhaust Emission Standards and Test Procedures for Systems Designed to Convert Motor Vehicles Certified for 1993 and Earlier Model Years to Use Alcohol or Alcohol/Gasoline Fuels" shall not be applied to certify a retrofit system for installation on a transitional low-emission vehicle ( "TLEV"), low-emission vehicle ( "LEV"), or ultra-low-emission vehicle ( "ULEV") or to certify a retrofit system designed to convert a vehicle to TLEV, LEV, or ULEV emission standards (as defined in Section 1960.1, Title 13, California Code of Regulations), or to certify a retrofit system for emission reduction credits. Note: Authority cited: Sections 39515, 39600, 39601 and 43006, Health and Safety Code. Reference: Sections 43000, 43004, 43006, 43008.6, 43013 and 43108, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 2035. Purpose, Applicability, and Definitions. (a) Purpose. The purpose of this article is to interpret and make specific the statutory emissions warranty set forth in Health and Safety Code sections 43205, and 43205.5 by clarifying the rights and responsibilities of individual motor vehicle and motor vehicle engine owners, motor vehicle and motor vehicle engine manufacturers, and the service industry. (b) Applicability. This article shall apply to: (a) California-certified 1979 and subsequent model motorcycles, passenger cars, light-duty trucks, medium-duty vehicles, and heavy-duty vehicles, registered in California, regardless of their original point of registration; and (2) California certified motor vehicle engines used in such vehicles. (c) Definitions. For the purposes of this article, the following definitions shall apply: (1) "Warrantable condition" means any condition of a vehicle or engine which triggers the responsibility of the manufacturer to take corrective action pursuant to sections 2036, 2037, or 2038. (2) "Warranted Part" means (a) in the case of 1. 1979 through 1989 model passenger cars, light-duty trucks, and medium-duty vehicles, and 2. 1979 and later model motorcycles and heavy-duty vehicles, and 3. 1990 and subsequent model passenger cars, light-duty trucks, and medium duty vehicles produced before January 24, 1991, any emissions-related part installed on a motor vehicle or motor vehicle engine by the vehicle or engine manufacturer, or installed in a warranty repair, which is included on the "Emissions Warranty Parts List" required by section 2036(f) and approved for the vehicle or engine by the executive officer; and (b) in the case of 1990 and subsequent model passenger cars, light- duty trucks, and medium-duty vehicles, other than those identified in subparagraph (a) of this definition, any part installed on a motor vehicle or motor vehicle engine by the vehicle or engine manufacturer, or installed in a warranty repair, which affects any regulated emission from a motor vehicle or engine which is subject to California emission standards. (3) "Warranty period" means the period of time and mileage that the vehicle, engine, or part are covered by the warranty provisions. (4) "Warranty station" means a service facility authorized by the vehicle or engine manufacturer to perform warranty repairs. This shall include all of the manufacturer's dealerships which are franchised to service the subject vehicles or engines. (5) "Vehicle or engine manufacturer" means the manufacturer granted certification for a motor vehicle or motor vehicle engine. In the case of motor vehicles for which certification of the exhaust and evaporative emissions control systems is granted to different manufacturers, the warranty responsibility shall be assigned accordingly. Note: Authority cited: Sections 39600 and 39601 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, and 43205.5, Health and Safety Code. s 2036. Defects Warranty Requirements for 1979 Through 1989 Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles; 1979 and Subsequent Model Motorcycles and Heavy-Duty Vehicles; and Motor Vehicle Engines Used in Such Vehicles. (a) Applicability. This section shall apply to 1979 through 1989 model passenger cars, light-duty trucks, and medium-duty vehicles; 1979 and subsequent model motorcycles and heavy-duty vehicles; and motor vehicle engines used in such vehicles. The warranty period shall begin on the date the vehicle is delivered to an ultimate purchaser, or if the vehicle is first placed in service as a "demonstrator" or "company" car prior to delivery, on the date it is first placed in service. (b) General Emissions Warranty Coverage. The manufacturer of each motor vehicle or motor vehicle engine shall warrant to the ultimate purchaser and each subsequent purchaser that the vehicle or engine is: (1) Designed, built, and equipped so as to conform, at the time of sale, with all applicable regulations adopted by the Air Resources Board pursuant to its authority in chapters 1 and 2, part 5, division 26 of the Health and Safety Code; and (2) Free from defects in materials and workmanship which cause the failure of a warranted part to be identical in all material respects to that part as described in the vehicle or engine manufacturer's application for certification. (c) Warranty Period. The warranty period applicable to this section shall be: (1) In the case of Class I motorcycles and motorcycle engines (50 to 169 cc or 3.1 to 10.4 cu. in.), a period of use of five years or 12,000 kilometers (7,456 miles), whichever first occurs. (2) In the case of Class II motorcycles and motorcycle engines (170 to 279 cc or 10.4 to 17.1 cu. in.), a period of use of five years or 18,000 kilometers (11,185 miles), whichever first occurs. (3) In the case of Class III motorcycles and motorcycle engines (280 cc and larger or 17.1 cu. in. and larger), a period of use of five years or 30,000 kilometers (18,641 miles), whichever first occurs. (4) In the case of diesel-powered heavy-duty vehicles (except medium-duty vehicles), and motor vehicle engines used in such vehicles, a period of use of five years, 100,000 miles, or 3000 hours of operations, whichever first occurs. However, in no case may this period be less than the basic mechanical warranty that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the emissions warranty shall also be shared in the same manner as specified in the warranty agreement. (5) In the case of passenger cars, light-duty trucks, and medium-duty vehicles certified under the optional 100,000-mile certification procedure, and motor vehicle engines used in such vehicles, a period of use of ten years or 100,000 miles, whichever first occurs, except as otherwise provided in this paragraph. In the case of diesel particulate control system components on the 1985 and subsequent model passenger cars, light- duty trucks, and medium-duty vehicles certified under the optional 100,000-mile certification procedure, the warranty period means five years or 50,000 miles, whichever first occurs, for failures of such components which do not result in the failure of any other warranted part to perform as designed during the warranty period of the vehicle, and ten years or 100,000 miles, whichever first occurs, for all other failures. (6) In the case of vehicles certified to the optional emission standards pursuant to Health and Safety Code section 43101.5(a), which are sold on or after January 1, 1983, for fuel metering and ignition components contained in the state board's "Emissions Warranty Parts List", dated December 14, 1978, as amended February 22, 1985, a period of use of two years or 24,000 miles, whichever first occurs, and for all other warranted parts, a period of use of five years or 50,000 miles, whichever first occurs. (7) In the case of all other passenger cars, light-duty trucks, and medium-duty vehicles, a period of use of five years or 50,000 miles, whichever first occurs. (8) In the case of heavy-duty vehicles and motor vehicle engines used in such vehicles, (except for diesel-powered heavy-duty vehicles or all medium-duty vehicles, and motor vehicle engines used in such vehicles,) a period of use of five years or 50,000 miles, whichever first occurs. However, in no case may this period be less than the basic mechanical warranty period that the manufacturer provides (with or without additional charge) to the purchaser of the engine. Extended warranties on select parts do not extend the emissions warranty requirements for the entire engine but only for those parts. In cases where responsibility for an extended warranty is shared between the owner and the manufacturer, the emissions warranty shall also be shared in the same manner as specified in the warranty agreement. (d) Subject to the conditions and exclusions of subsection (j), the warranty on emissions-related parts shall function as follows: (1) Any warranted part which is not scheduled for replacement as required maintenance in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (c). If any such part fails during the warranty period, it shall be repaired or replaced by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period. (2) Any warranted part which is scheduled only for regular inspection in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (c). A statement in such written instructions to the effect of "repair or replace as necessary" shall not reduce the period of warranty coverage. Any such part repaired or replaced under warranty shall be warranted for the remaining warranty period. (3) Any warranted part which is scheduled for replacement as required maintenance in the written instructions required by subsection (e) shall be warranted for the period of time or mileage, whichever first occurs, prior to the first scheduled replacement point for that part. If the part fails before the first scheduled replacement point, the part shall be repaired or replaced by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty shall be warranted for the remainder of the period prior to the first scheduled replacement point for the part. (4) Repair or replacement of any warranted part under the warranty provisions of this article shall be performed at no charge to the vehicle or engine owner, at a warranty station, except in the case of an emergency when a warranted part or a warranty station is not reasonably available to the vehicle or engine owner. In an emergency, repairs may be performed at any available service establishment, or by the owner, using any replacement part. The manufacturer shall reimburse the owner for his or her expenses including diagnostic charges for such emergency repair or replacement, not to exceed the manufacturer's suggested retail price for all warranted parts replaced and labor charges based on the manufacturer's recommended time allowance for the warranty repair and the geographically appropriate hourly labor rate. Heavy-duty vehicle and engine manufacturers shall establish reasonable emergency repair procedures which may differ from those specified in this subsection. A vehicle or engine owner may reasonably be required to keep receipts and failed parts in order to receive compensation for warranted repairs reimbursable due to an emergency, provided the manufacturer's written instructions advise the owner of his obligation. (5) Notwithstanding the provisions of subsection (4), warranty services or repairs shall be provided at all of a manufacturer's dealership which are franchised to service the subject vehicles or engines. (6) The vehicle or engine owner shall not be charged for diagnostic labor which leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station. (7) The vehicle or engine manufacturer shall be liable for damages to other vehicle components proximately caused by a failure under warranty any warranted part. (8) Throughout the vehicle or engine's warranty period defined in subsection (b), the vehicle or engine manufacturer shall maintain a supply of warranted parts sufficient to meet the expected demand for such parts. The lack of availability of such parts or the incompleteness of repairs within a reasonable time period, not to exceed 30 days from the time the vehicle or engine is initially p resented to the warranty station for repair, shall constitute an emergency for purposes of subsection (4). (9) Any replacement part may be used in the performance of any maintenance or repairs. Any replacement part designated by a manufacturer may be used in warranty repairs provided without charge to the vehicle owner. Such use shall not reduce the warranty obligations of the vehicle or engine manufacturer, except that the vehicle or engine manufacturer shall not be liable under this article for repair or replacement of any replacement part which is not a warranted part (except as provided under subsection (7)). (10) Any add-on or modified part exempted by the Air Resources Board from the prohibitions of Vehicle Code section 27156 may be used on a vehicle or engine. Such use, in and of itself, shall not be grounds for disallowing a warranty claim made in accordance with this article. The vehicle or engine manufacturer shall not be liable under this article to warrant failures of warranted parts caused by the use of an add-on or modified part. (11) The Executive Officer may request and, in such case, the vehicle or engine manufacturer shall provide, any documents which describe that manufacturer's warranty procedures or policies. (e) Commencing with 1980 models sold on or after September 1, 1979, each manufacturer shall furnish with each new vehicle or engine written instructions for the maintenance and use of the vehicle or engine by the owner, which instructions shall be consistent with this article and applicable regulations in article 2 of this subchapter. (f) Commencing with 1980 models sold on or after September 1, 1979, each manufacturer shall furnish with each new vehicle or engine a list of the warranted parts installed on that vehicle or engine. The list shall include those parts included on the Air Resources Board "Emissions Warranty Parts List," dated December 14, 1978, as amended on February 22, 1985, and incorporated herein by reference. (g) Except for 1980 and 1981 model motorcycles, each manufacturer shall submit the documents required by sections (e) and (f), with the manufacturer's preliminary application for new vehicle or engine certification for approval by the Executive Officer. The Executive Officer may reject or require modification of the manufacturer's list of warranted parts to ensure that each such list is of proper scope and also may reject or require modification of any of the documents required by subsection (e). Approval by the Executive Officer of the documents required by subsections (e) and (f), shall be a condition of certification. The Executive Officer shall approve or disapprove the documents required by subsections (e) and (f), within 90 days of the date such documents are received from the manufacturer. Any disapproval shall be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer. (h) Notwithstanding subsection (f), the Executive Officer may delete any part from a manufacturer's list of warranted parts provided in the manufacturer demonstrates to the Executive Officer's satisfaction that: (1) Failure of such part will not increase the emissions of any vehicle or engine on which it is installed, and (2) Any deterioration of driveability or performance which results from failure of the part could not be corrected by adjustments or modifications to other vehicle components. (i) Vehicle Inspection Program. This subsection shall apply to passenger cars, light-duty trucks, medium-duty and heavy-duty vehicles and motorcycles required to be inspected pursuant to any California statutorily authorized motor vehicle emissions inspection and maintenance program. The provisions of this section shall be contained in the warranty statement required pursuant to section 2039. (1) The owner of a vehicle which fails the inspection during its warranty period may choose to have the vehicle repaired at a warranty station. (A) If the warranty station identifies that the inspection failure was caused by the failure or malfunction of a warranted part, than the vehicle manufacturer shall be liable for expenses involved in detecting and correcting the part failure or malfunction, unless the warranty station demonstrates that the part failure or malfunction was caused by abuse, neglect, or improper maintenance as specified in subsection (j)(1), or was caused by an adjustment not covered by warranty as specified in subsection (j)(2). (B) If the warranty station demonstrates that the inspection failure was caused by one or more conditions executed from warranty coverage pursuant to subsection (j), the vehicle owner shall be liable for all diagnostic and repair expenses. Such expenses shall not exceed the maximum repair costs permissible under the inspection program. (C) If the warranty station identifies that the inspection failure was caused by one or more defects covered under warranty pursuant to these regulations and in combination with one or more conditions excluded from warranty coverage pursuant to subsection (j), than the vehicle owner shall not be charged for the diagnostic and repair costs related to detecting and repairing the warrantable defects. (2) In the alternative, the owner of a vehicle which fails an inspection may choose to have the vehicle repaired at other than a warranty station. If a warrantable defect is found, the vehicle owner may deliver the vehicle to a warranty station and have the defect corrected free of charge. The vehicle manufacturer shall not be liable for any expenses incurred at a service establishment not authorized to perform warranty repairs, except in the case of an emergency as specified in subsection (d)(4). If the vehicle owner chooses to have the warrantable defect repaired at other than a warranty station, the upper cost limit pursuant to Health and Safety Code section 44017 shall not apply to the repair. (j) Exclusions. (1) The repair or replacement of any warranted part otherwise eligible for warranty coverage under subsection (d) or (i), shall be excluded for such warranty coverage if the vehicle or engine manufacturer demonstrates that the vehicle or engine has been abused, neglected, or improperly maintained, and that such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part. (2) The following adjustments to warranted parts are excluded from warranty coverage under subsection (d) or (i); the idle air/fuel mixture ratio (for 1979 model passenger cars, and 1979 and 1980 model light-duty trucks and medium-duty vehicles), curb or high idle speed, ignition timing, valve lash, injection timing for diesel-powered vehicles, or any combination thereof. (3) Except as provided in subsection (1) above, any adjustment of a component which as a factory installed, and properly operating, adjustment limiting device (such as an idle limiter cap) is eligible for warranty coverage under subsection (d) or (i). Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205.5, 44004, 44010, 44011, 44012, 44015, and 44017, Health and Safety Code. s 2037. Defects Warranty Requirements for 1990 and Subsequent Model Passenger Cars. Light-Duty Trucks, Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles. (a) Applicability. This section shall apply to 1990 and subsequent model passenger cars, light-duty trucks, medium-duty vehicles, and motor vehicle engines used in such vehicles. The warranty period shall begin on the date the vehicle is delivered to an ultimate purchaser, or if the vehicle is first placed in service as a "demonstrator" or "company" car prior to delivery, on the date it is first placed in service. (b) General Emissions Warranty Coverage. The manufacturer of each motor vehicle or motor vehicle engine shall warrant to the ultimate purchaser and each subsequent purchaser that the vehicle or engine is: (1) Designed, built, and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in chapters 1 and 2, part 5, division 26 of the Health and Safety Code; and (2) Free from defects in materials and workmanship which cause the failure of a warranted part to be identical in all material respects to the part as described in the vehicle or engine manufacturer's application for certification, including any defect in materials or workmanship which would cause the vehicle's on-board diagnostic malfunction indicator to illumate, for a period of three years or 50,000 miles, whichever first occurs; and (3) Free from defects in materials and workmanship which cause the failure of a warranted part described in subsection (c) below for seven years or 70,000 miles, whichever first occurs. (c) Each manufacturer shall identify in its application for certification the "high-priced" warranted parts which [i] are included on the Board's "Emissions Warranty Parts List" as last amended February 22, 1985, incorporated herein by reference, and [ii] have an individual replacement cost, at the time of certification, exceeding the cost limit defined in subsection (1). The replacement cost shall include the cost of the pat, labor, and standard diagnosis. The costs shall be those of the highest-cost metropolitan area of California. (1) The cost limit shall be calculated using the following equation: Cost limitn = $300 x (CPIn-2 / 118.3) where: Cost limitn is the cost limit for the applicable model year of the vehicle rounded to the nearest ten dollars. n is the model year of the new vehicles. n-2 is the calendar year two years prior to the model year of the new vehicles. CPI is the annual average nationwide urban consumer price index published by the United States Bureau of Labor Statistics. (2) The cost limit shall be revised annually by the Executive Officer. The highest-cost metropolitan area in California shall be identified by the Executive Officer for use in this subsection. If a manufacturer seeks certification of a vehicle before the applicable annual average CPI is available, the cost limit shall be calculated using the average of the monthly nationwide urban CPI figures for the most recent twelve month period for which figures have been published by the United States Bureau of Labor Statistics. (3) Each manufacturer shall submit to the Executive Officer the documentation used to identify the "high-priced" warranted parts required in this subsection. The documentation shall include the estimated retail parts costs, labor rates in dollars per hour, and the labor hours necessary to replace the parts. The documentation is not required for vehicles certified before January 24, 1991. (d) Subject to the condition sand exclusions of subsection (i), the warranty on emissions-related parts shall be interpreted as follows: (1) Any warranted part which is not scheduled for replacement as required maintenance in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (b)(2) or (3). If any such part fails during the period of warranty coverage, it shall be repaired or replaced by the vehicle or engine manufacturer according to subsection (4) below. Any such part repaired or replaced under the warranty shall be warranted for the remaining warranty period. (2) Any warranted part which is scheduled only for regular inspection in the written instructions required by subsection (e) shall be warranted for the warranty period defined in subsection (b)(2) or (3). A statement in such written instructions to the effect of "repair or replace as necessary" shall not reduce the period of warranty coverage. Any such part required or replaced under warranty shall be warranted for the remaining warranty period. (3) Any warranted part which is scheduled for replacement as required maintenance in the written instructions required by subsection (3) shall be warranted for the period of time or mileage, whichever first occurs, prior to the first scheduled replacement point for that part. If the part fails prior to the first scheduled replacement, the part shall be repaired or replaced by the vehicle or engine manufacturer according to subsection (4) below. Any such part required or replaced under warranty shall be warranted for the remainder of the period prior to the first scheduled replacement point for the part. (4) Repair or replacement of any warranted part under the warranty provisions of this article shall be performed at no charge to the vehicleor engine owner at a warranty station, except in the case of an emergency when a warranted part or a warranty station is not reasonably available to the vehicle or engine owner. In an emergency, repairs may be performed at any available service establishment, or by the owner, using any replacement part. The manufacturer shall reimburse the owner for his or her expenses including diagnostic charges for such emergency repair or replacement, not to exceed the manufacturer's suggested retail price for all warranted parts replaced and labor charges based on the manufacturer's recommended time allowance for the warranty repair and the geographically appropriate hourly labor rate. A vehicle or engine owner may reasonably be required to keep receipts and failed parts in order to receive compensation for warranted repairs reimbursable due to an emergency, provided the manufacturer's written instructions advise the owner of this obligation. (5) Notwithstanding the provisions of subsection (4) above, warranty services or repairs shall be provided at all of a manufacturer's dealerships which are franchised to service the subject vehicles or engines. (6) The vehicle or engine owner shall not be charged for diagnostic labor which leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station. (7) The vehicle or engine manufacturer shall be liable for damages to other vehicle components proximately caused by a failure under warranty of any warranted part. (8) Throughout the vehicle or engine's warranty period defined in subsection (b)(2) or (b)(3), the vehicle or engine manufacturer shall maintain a supply of warranted parts sufficient to meet the expected demand for such parts. The lack of availability of such parts or the incompleteness of repairs within a reasonable time period, not to exceed 30 days from the time the vehicle or engine is initially presented to the warranty station for repair, shall constitute an emergency for purposes of subsection (4) above. (9) Any replacement part may be used in the performance of any maintenance or repairs. Any replacement part designated by a manufacturer may be used in warranty repairs provided without charge to the vehicle owner. Such use shall not reduce the warranty obligations of the vehicle or engine manufacturer, except that the vehicle or engine manufacturer shall not be liable under this article for repair or replacement of any replacement part which is not a warranted part (except as provided under subsection (7) above). (10) Any add-on or modified part exempted by the Air Resources Board from the prohibitions of Vehicle Code section 27156 may be used on a vehicle or engine. Such use, in and of itself, shall not be grounds for disallowing a warranty claim made in accordance with this article. The vehicle or engine manufacturer shall not be liable under this article to warrant failures of warranted parts caused by the use of such an add-on or modified part. (11) The Executive Officer may request and, in such case, the vehicle or engine manufacture shall provide, any documents which describe that manufacturer's warranty procedures or policies. (e) Each manufacturer shall furnish with each new vehicle or engine written instructions for the maintenance and use of the vehicle or engine by the owner, which instructions shall be consistent with this article and applicable regulations in article 2 of this subchapter. (f) Each manufacturer shall furnish with each new vehicle or engine a list of the "high-priced" warranted parts established by subsection (c). (g) Prior to the 2001 model year, each manufacturer shall submit the documents required by subsections (c)(3), (e), and (f) with the manufacturer's preliminary application for new-vehicle or engine certification for approval by the Executive Officer. For 2001 and subsequent model years, each manufacturer shall submit the documents required by subsection 2037(c)(3), (e), and (f) with the Part 2 Application for Certification pursuant to the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," incorporated by reference in subsection 1961(d). The Executive Officer may reject or require modification of the manufacturer's list of "high-priced" warranted parts to ensure that each such list includes all emission-related parts whose replacement cost exceeds the cost limit defined in subsection (c)(1) and also may reject or require modification of any of the documents required by subsections (e) and (f). Approval by the Executive Officer of the documents required by subsections (c), (e), and (f) shall be condition of certification. The Executive Officer shall approve or disapprove the documents required by subsections (c), (e), and (f) within 90 days of the date such documents are received from the manufacturer. Any disapproval shall be accompanied by a statement of the reasons thereof. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer. (h) Vehicle Inspection Program. (1) This subsection applies to 1990 and subsequent model passenger cars, light-duty trucks, and medium-duty vehicles which fail to pass a smog check test pursuant to Health and Safety Code section 44012 after a period of use of three years of 50,000 miles, but before a period of use of seven years or 70,000 miles. The provisions of this section shall be contained in the warranty statement required pursuant to section 2039. (2) The owner of a vehicle which fails in the inspection during the period described in subsection (h)(1) may choose to have the vehicle repaired at a warranty station. (A) If the warranty station identifies that the smog check failure was caused by the failure or malfunction of a part defined in subsection (c), then the vehicle manufacturer shall be liable for expenses involved in detecting and correcting the part failure or malfunction, unless the warranty station demonstrates that the part failure or malfunction was caused by abuse, neglect, or improper maintenance as specified in subsection (i). (B) If the warranty station demonstrates that the smog check failure was caused by one or more conditions excluded from warranty coverage pursuant to subsection (i), the vehicle owner shall be liable for all diagnostic and repair expenses. Such expenses shall not exceed the maximum repair costs permissible under the inspection program. (C) If the warranty station determines that the smog check failure was caused by one or more defects covered under warranty pursuant to these regulations and in combination with one or more conditions excluded from warranty coverage pursuant to subsection (i), then the vehicle owner shall not be charged for the diagnostic and repair costs related to detecting and repairing the warrantable defects. (3) In the alternative, the owner of a vehicle which fails the smog check may choose to have the vehicle repaired at other than a warranty station. If a warrantable defect is found, the vehicle owner may deliver the vehicle to a warranty station and have the defect corrected free of charge. The vehicle manufacturer shall not be liable for any expenses incurred at a service establishment not authorized to perform warranty repairs, except in the case of an emergency as specified in subsection (d)(4). If the vehicle owner chooses to have the warrantable defect repaired at other than a warranty station, the upper cost limit pursuant to Health and Safety Code section 44017 shall not apply to the repair. (i) Exclusions. The repair or replacement of any warranted part otherwise eligible for warranty coverage under subsection (d) and (h), shall be excluded from such warranty coverage if the vehicle or engine manufacturer demonstrates that the vehicle or engine has been abused, neglected, or improperly maintained, and that such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, 44004, 44010, 44011, 44012, 44015, and 44017, Health and Safety Code. s 2038. Performance Warranty Requirements for 1990 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles, and Motor Vehicle Engines Used in Such Vehicles. (a) Applicability. This section shall apply to 1990 and subsequent model passenger cars, light-duty trucks, and medium-duty vehicles, and motor vehicle engines used in such vehicles required to be inspected under any California statutorily authorized motor vehicle emissions inspection and maintenance program. The warranty period shall begin on the date the vehicle is delivered to an ultimate purchaser, or if the vehicle is first placed in service as a "demonstrator" or "company" car prior to delivery, on the date it is first placed in service. (b) General Emissions Warranty Coverage. The manufacturer of each passenger car, light-duty truck, and medium-duty vehicle shall warrant to the ultimate purchaser and each subsequent purchaser that the vehicle or engine: (1) Is designed, built, and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in chapters 1 and 2, part 5, division 26 of the Health and Safety Code; and (2) Will, for a period of three years or 50,000 miles, whichever first occurs, pass a test established under section 44012 of the Health and Safety Code. (c) Proper Use and Maintenance. (1) Each manufacturer shall furnish with each new vehicle or engine written instructions for the maintenance and use of this vehicle or engine by the owner, which instructions shall be consistent with this article and applicable regulations in article 2 of this subchapter. (2) An emission performance warranty claim may be denied if the manufacturer demonstrates that the vehicle or engine's failure of the test established under 44012 of the Health and Safety Code was directly caused by abuse, neglect, or improper maintenance as reflected by a failure to maintain or use the vehicle or engine in accordance with the written instructions for the required maintenance and use of the vehicle or engine furnished in conformance with subsection (1) above. (3) Except as provided in subsection (6), a manufacturer may deny an emission performance warranty claim on the basis of noncompliance with the written instructions for required maintenance and use only if: (A) An owner is not able to comply with a request by a manufacturer for evidence pursuant to subsection (5); or (B) Notwithstanding the evidence presented pursuant to subsection (5), the manufacturer is able to prove that the vehicle failed an emission test established under section 44012 of the Health and Safety Code because the vehicle was abused, or the required maintenance and use was performed in a manner resulting in a component's being improperly installed or a component or related parameter's being adjusted substantially outside of the manufacturer's specifications, or maintenance was performed on a vehicle which resulted in the removing or rendering inoperative of any component affecting the vehicle's emissions. (4) When determining whether an owner has complied with the written instructions for required maintenance and use, a manufacturer may require a owner to submit evidence of compliance only with those written instructions for which the manufacturer has an objective reason for believing: (A) Were not performed, and (B) If not performed could be the cause of the particular vehicle's exceeding applicable emission standards. (5) Evidence of compliance with a maintenance instruction may consist of: (A) A maintenance log book which has been validated at the approximate time or mileage intervals specified in for service by someone who regularly engages in the business of servicing automobiles for the relevant maintenance instruction(s); or (B) A repair order, sales receipt or similar evidence showing that the vehicle has been submitted for scheduled maintenance servicing at the approximate time or mileage intervals specified for service to someone who regularly engages in the business of servicing automobiles for the purpose of performing the relevant maintenance; or (C) A statement by the vehicle owner that the maintenance was performed at the approximate time or mileage interval specified using proper replacement parts. (6) In no case may a manufacturer deny an emission performance warranty claim on the basis of: (A) Warranty work or predelivery service performed by any facility authorized by the manufacturer to perform such work or service; or (B) Work performed in an emergency situation to rectify an unsafe condition, including an unsafe driveability condition, attributable to the manufacturer, provided the vehicle owner has taken steps to put the vehicle back in a conforming condition in a timely manner; or (C) Any cause attributable to the vehicle manufacturer; or (D) The use of any fuel which is commonly available in the geographical area in which the vehicle or engine is located, unless the written instructions for required maintenance and use specify that the use of that fuel would adversely affect the emission control devices and systems of the vehicle, and there is commonly available information for the owner to identify the proper fuel to be used. (7) The owner may perform maintenance or have maintenance performed more frequently than required in the maintenance instructions. (8) Except as specified in subsection (3)(B) above, failure of the vehicle or engine owner to ensure the performance of such scheduled maintenance or to keep maintenance records shall not, per se, be grounds for disallowing a warranty claim. (d) Repair, adjustment, or replacement of any part under the warranty provisions of this article shall be performed at no charge to the vehicle or engine owner at a warranty station, except where a warranted part is not available to the vehicle or engine owner within a reasonable time (in no case more than 30 days) after the vehicle or engine is initially presented to the warranty station for repair. In case of such unavailability, repairs may be performed at any available service establishment, or by the owner, using any replacement part. The manufacturer shall reimburse the owner for his or her expenses including diagnostic charges for such repair or replacement, not to exceed the manufacturer's suggested retail price for all warranted parts replaced and labor charges based on the manufacturer's recommended time allowance for the warranty repair and the geographically appropriate hourly labor rate. A vehicle or engine owner may reasonably be required to keep receipts and failed parts in order to receive compensation for warranted reprise reimbursable due to such unavailability, provided the manufacturer's written instructions advise the owner of this obligation. (e) The vehicle or engine manufacturer shall be liable for damages to other vehicle components proximately caused by a failure under warranty of any warranted part. (f) Any replacement part may be used in the performance of any maintenance or repairs. Any replacement part designated by a manufacturer may be used in warranty repairs provided without charge to the vehicle owner. Such use shall not reduce the warranty obligations of the vehicle or engine manufacturer, except that the vehicle or engine manufacturer shall not be liable under this article for repair or replacement of any replacement part which is not a warranted part (except as provided under subsection (e) above). (g) Any add-on or modified part exempted by the Air Resources Board from the prohibitions of Vehicle Code section 27156 may be used on a vehicle or engine. Such use, in an of itself, shall not be grounds for disallowing a warranty claim made in accordance with this article. The vehicle or engine manufacturer shall not be liable under this article to warrant failures of warranted parts caused by the use of such an add-on or modified part. (h) Warranty Claim Procedures. (1) A warranty claim may be submitted by bringing a vehicle to any repair facility authorized by the vehicle manufacturer to service that model vehicle. (2) The manufacturer of each vehicle to which the warranty is applicable shall establish procedures as to the manner in which a claim under the emission performance warranty is to be processed. The procedures shall provide for a final decision and repair of a warrantable condition by the vehicle manufacturer within a reasonable time, not to exceed 30 days from the time at which the vehicle is initially presented for repair, or unless a delay: (A) is requested by the vehicle owner, or (B) is caused by an event not attributable to the vehicle manufacturer or the warranty station. (3) Within the time period specified in subsection (2), the manufacturer shall: (A) Notify the owner, in writing, an explanation why the claim is being denied. (4) Failure to notify an owner that a warrantable condition does not exist within the required time period (under subsection (2) above), for reasons that are not attributable to the vehicle owner or events which are not beyond the control of the vehicle manufacturer or the warranty station, shall result in the vehicle manufacturer being responsible for repairing the vehicle free of charge to the vehicle owner. (5) The vehicle manufacturer shall incur all costs associated with a determination that an emission performance warranty claim is valid. (i) Warranty services or repairs shall be provided at all of a manufacturer's dealerships which are franchised to service the subject vehicles or engines. (j) The vehicle or engine owner shall not be charged for diagnostic labor which leads to the determination of a warrantable condition provided that such diagnostic work is performed at a warranty station. (k) Throughout the vehicle or engine's warranty period defined in subsection (b), the vehicle or engine manufacturer shall maintain a supply of warranted parts sufficient to meet the expected demand for such parts. The lack of availability of such parts or the incompleteness of the repairs within a reasonable time period, not to exceed 30 days from the time the vehicle or engine is initially presented to the warranty station for repair, shall constitute an unavailability of parts for purposes of subsection (d). ( l ) The Executive Officer may request and, in such case, the vehicle or engine manufacturer shall provide, any documents which describe that manufacturer's warranty procedures or policies. (m) Prior to the 2001 model year, each manufacturer shall submit the documents required by subsection (c)(1) with the manufacturer's preliminary application for new vehicle or engine certification for approval by the Executive Officer. For 2001 and subsequent model years, each manufacturer shall submit the documents required by subsection (c)(1) with the Part 2 Application for Certification pursuant to the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles," incorporated by reference in section 1961(d). The Executive Officer may reject or require modification of the documents required by subsection (c)(1). Approval by the Executive Officer of the documents required by subsection (c)(1) shall be a condition of certification. The Executive Officer shall approve or disapprove the documents required by subsection (c)(1) within 90 days of the date such documents are received from the manufacturer. Any disapproval shall be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, 44004, 44010, 44011, 44012, 44014, and 44015, Health and Safety Code. s 2039. Emissions Control System Warranty Statement. (a) Each manufacturer shall furnish a copy of the following statement with each new 1991 and subsequent model vehicle or engine produced after January 24, 1991, using those portions of the statement applicable to the vehicle or engine. This statement shall be included with and preceded the manufacturer's warranty statement required in subsection (b), unless otherwise authorized by the Executive Officer. CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT YOUR WARRANTY RIGHTS AND OBLIGATIONS The California Air Resources Board (and manufacturer's name, optional) is pleased to explain the emission control system warranty on your (year) (vehicle, truck, or motorcycle). In California, new motor vehicles must be designated, built and equipped to meet the State's stringent anti-smog standards. (Manufacturer's name) must warrant the emission control system on your (vehicle, truck, or motorcycle) for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of your (vehicle, truck, or motorcycle). Your emission control system may include parts such as the carburetor or fuel-injection system, the ignition system, catalytic converter, and engine computer. Also included may be hoses, belts, connectors and other emission-related assemblies. Where a warrantable condition exists, (manufacturer's name) will repair your (vehicle, truck, or motorcycle) at no cost to you including diagnosis, parts and labor. MANUFACTURER'S WARRANTY COVERAGE: [For 1990 and subsequent model passenger cars, light-duty trucks, and medium-duty vehicles.] - For 3 years or 50,000 miles (or a longer period of time or mileage, optional) (whichever first occurs); 1) If your (vehicle or truck) fails a Smog Check inspection, all necessary repairs and adjustments will be made by (manufacturer's name) to ensure that your emission control system PERFORMANCE WARRANTY. 2) If any emission-related part on your (vehicle or truck) is defective, the part will be repaired or replaced by (manufacturer's name). This is your short-term emission control system DEFECTS WARRANTY. - For 7 years or 70,000 miles (or a longer period of time or mileage, optional) (Whichever first occurs); 1) If an emission-related part listed in this warranty booklet specially noted with coverage for 7 years or 70,000 miles is defective, the part will be repaired or replaced by (manufacturer's name). This is your long-term emission control system DEFECTS WARRANTY. OWNER'S WARRANTY RESPONSIBILITIES: - As the (vehicle, truck, or motorcycle) owner, you are responsible for the performance of the required maintenance listed in your owner's manual. (manufacturer's name) recommends that you retain all receipts covering maintenance on your (car, truck, or motorcycle), but (manufacturer's name) cannot deny warranty solely for the lack of receipts or for your failure to ensure the performance of all scheduled maintenance. - You are responsible for presenting your (vehicle, truck, or motorcycle) to a (manufacturer's name) dealer as soon as a problem exists. The warranty repairs should be completed in a reasonable amount of time, not to exceed 30 days. - As the (vehicle, truck, or motorcycle) owner, you should also be aware that (manufacturer's name) may deny you warranty coverage if your (vehicle, truck, or motorcycle) or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications. If you have any questions regarding your warranty rights and responsibilities, you should contact (Insert chosen manufacturer's contact) at 1-XXX-XXXX or the California Air Resource Board at 9528 Telstar Avenue, El Monte, CA 91731. (b) Commencing with 1980 models sold on or after September 1, 1979, each manufacturer shall furnish with each new vehicle or engine a warranty statement which generally describes the obligations and rights of vehicle or engine manufacturers and owners under this article. (c) Each manufacturer shall submit the documents required by subsections (a) and (b) with the manufacturer's preliminary application for new vehicle or engine certification for approval by the Executive Officer. The Executive Officer may reject or require modification of the documents to the extent the submitted documents do not satisfy the requirements of subsections (a) and (b). Approval by the Executive Officer of the documents required by subsections (a) and (b) shall be a condition of certification. The Executive Officer shall approve or disapprove the documents required by subsections (a) and (b) within 90 days of the date such documents are received from the manufacturer. Any disapproval shall be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, 44004, 44010, 44011, 44012, 44014, and 44015, Health and Safety Code. s 2040. Vehicle Owner Obligations. (a) The owner of any vehicle or engine warranted pursuant to this article shall be responsible for the performance of all required scheduled maintenance specified in the written instructions furnished to the owner pursuant to subsections 2036 (e), 2037(e), and 2038(c)(1). Such maintenance may be performed by the owner, at a service establishment of the owner's choosing, or by a person or persons of the owner's choosing. (b) Except as specified in subsections 2036(j)(1), 2037(i), and 2038(c), failure of the vehicle or engine owner to ensure the performance of such scheduled maintenance or to keep maintenance records shall not, per se, be grounds for disallowing a warranty claim. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, and 43205.5, Health and Safety Code. s 2041. Mediation; Finding of Warrantable Condition. (a) This section is intended to provide a mechanism for mediating unresolved emissions warranty disputes between vehicle or engine owners and manufacturers or their agents. (b) A vehicle or engine owner may request that the Executive Officer mediate a warranty claim. (1) Upon receipt of such a claim the Executive Officer, or the Executives Officers's representative, may make a determination regarding whether the claim is meritorious on its face and, if meritorious, shall notify the appropriate dealer, or vehicle or engine manufacturer of the claim. The party against whom a complaint is made shall be given a reasonable time in which to respond. The Executive Officer may conduct an informal conference, and may request additional information and evidence. (2) Upon examination of the facts submitted by the parties concerned, the Executive Officer, or the Executive Officers's representative, may find that a warranted part, or a vehicle's nonconformity with any California statutorily authorized motor vehicle emissions inspection and maintenance program, is eligible for warranty coverage pursuant to this article. If such a finding is made, the Executive Officer shall issue a Finding of Warrantable Condition. (3) The Finding of Warrantable Condition shall include the name of the vehicle owner, vehicle manufacturer and model (including model year, make, car line and body type), vehicle identification number, engine family, odometer reading, date of inspection, identification of the defective part or other warrantable condition and the signature of the person issuing the Finding. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106, 43204, 43205, and 43205.5, Health and Safety Code. s 2042. Severability. Each part of this article shall be deemed severable, and in the event that any part of this article is held to be invalid, the remainder of this article shall continue in full force and effect. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106 and 43204, Health and Safety Code. s 2045. Catalyst Change Requirements. Note: Authority cited: Section 39600 and 39601, Health and Safety Code. Reference: Sections 43106 and 43204, Health and Safety Code. s 2046. Defective Catalyst. Any oxidation catalyst for which service or replacement is scheduled or recommended by the vehicle manufacturer prior to the accumulation of 5 years or 50,000 miles, whichever occurs first, is defective in design, materials, and workmanship within the meaning of Health and Safety Code Sections 39156 and 39157. Any such service or replacement shall be performed free of charge to the vehicle owner. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43106 and 43204, Health and Safety Code. s 2047. Certification Procedures for Used Modifier-Certified Motor Vehicles. The emission standards and procedures for the certification of used modifier-certified motor vehicles in California are set forth in the "California Certification Procedures for 1975 and Later Model-Year Used Modifier-Certified Motor Vehicles," adopted by the state board January 8, 1988. Note: Authority cited: Sections 39600, 39601, 44203, 44205, and 44207-44209, Health and Safety Code. Reference: Sections 44200, 44201, 44203-44205, and 44207-44209, Health and Safety Code. s 2048. Licensing Requirements for Vehicle Emission Test Laboratories. The licensing requirements for vehicle emission test laboratories pursuant to the provisions of Health and Safety Code Sections 44203 and 44205 are set forth in the "Licensing Requirements for Vehicle Emission Test Laboratories," amended by the state board June 2, 1989. Note: Authority Cited: Sections 39600, 39601, 44203, 44205 and 44207-44209, Health and Safety Code. Reference: Sections 44200, 44201, 44203-44205 and 44207-44209, Health and Safety Code. s 2050. Assembly-Line or Pre-Delivery Test Procedures -1972 Light-Duty Vehicles. s 2051. Assembly-Line or Pre-Delivery Test Procedures -1973 Light-Duty Vehicles. s 2052. Assembly-Line or Pre-Delivery Test Procedures -1974 Light-Duty Vehicles. Note: Authority cited: Sections 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code. s 2053. Assembly-Line or Pre-Delivery Test Procedures -1975 Model-Year Gasoline-Powered Passenger Cars and Light-Duty Trucks. Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code. s 2054. Assembly-Line or Pre-Delivery Test Procedures -1976 Model-Year Gasoline-Powered Passenger Cars and Light-Duty Trucks. Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code. s 2055. Assembly-Line or Pre-Delivery Test Procedure -1977 Model-Year Gasoline-Powered Passenger Cars and Light-Duty Trucks. Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code. s 2056. Assembly-Line or Pre-Delivery Test Procedure -1978 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Section 43210, Health and Safety Code. s 2057. Assembly-Line or Pre-Delivery Test Procedure -1979 Model Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43105, 43210, 43211 and 43212, Health and Safety Code. s 2058. Assembly-Line Test Procedures -1980 Model Year. Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43101, 43105, 43210, 43211 and 43212, Health and Safety Code. s 2059. Assembly-Line Test Procedures -1981 Model Year. Note: Authority cited: Sections 39600, 39601 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43101, 43105, 43210, 43211 and 43212, Health and Safety Code. s 2060. Assembly-Line Test Procedures -1982 Model Year. Note: Authority cited: Sections 39515, 39600, 39601 and 43210(a), Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000(c), 43000(e), 43101, 43105, 43210, 43211 and 43212, Health and Safety Code. s 2061. Assembly-Line Test Procedures -1983 and Subsequent Model-Years. New 1983 through 1997 model-year passenger cars, light-duty trucks, and medium-duty vehicles, excluding zero-emission vehicles and medium-duty vehicles certified according to the optional standards and test procedures of section 1956.8, Title 13, California Code of Regulations, subject to certification and manufactured for sale in California shall be tested in accordance with the "California Assembly-Line Test Procedures for 1983 Through 1997 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles," adopted November 24, 1981, as last amended June 24, 1996, which is incorporated herein by reference, including federally certified light-duty motor vehicles, except as provided in "Guidelines for Certification of 1983 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehicles for Sale in California," adopted July 20, 1982, as last amended July 12, 1991, which is incorporated herein by reference. For vehicles certified to NMOG standards, any reference to NMHC standards in "California Assembly-Line Test Procedures for 1983 Through 1997 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" shall imply NMOG standards. Note: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43101, 43104 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43204, 43210, 43211 and 43212, Health and Safety Code. s 2062. Assembly-Line Test Procedures -1998 and Subsequent Model Years. New 1998 through 2000 model-year passenger cars, light-duty trucks, and medium-duty vehicles, subject to certification and manufactured for sale in California, except for zero-emission vehicles and medium-duty vehicles certified according to the optional standards and test procedures of section 1956.8, Title 13, California Code of Regulations, shall be tested in accordance with the "California Assembly-Line Test Procedures for 1998 Through 2000 Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles," adopted June 24, 1996, as last amended August 5, 1999, which is incorporated herein by reference. New 2001 and subsequent model-year passenger cars, light-duty trucks, and medium-duty vehicles, subject to certification and manufactured for sale in California, except for zero-emission vehicles and medium-duty vehicles certified according to the optional standards and test procedures of Section 1956.8, Title 13, California Code of Regulations, shall be tested in accordance with the "California Assembly-Line Test Procedures for 2001 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles." adopted August 5, 1999, which is incorporated herein by reference. These test procedures shall also apply to federally certified light-duty motor vehicles, except as provided in "Guidelines for Certification of 1983 and Subsequent Model-Year Federally Certified Light-Duty Motor Vehicles for sale in California," adopted July 20, 1982, as last amended July 21, 1991, which is incorporated herein by reference Note: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43101, 43104 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, 43210, 43211 and 43212, Health and Safety Code. s 2065. Applicability of Chapter 2 to 2005 and Subsequent Model Year Heavy-Duty Engines and Vehicles. The requirements of chapter 2, division 3, title 13, California Code of Regulations apply to 2005 and subsequent model year heavy-duty engines and vehicles except as specifically modified by the provisions of the "California Exhaust Emission Standards and Test Procedures for 2004 and Subsequent Model Heavy-Duty Diesel Engines and Vehicles" adopted December 12, 2002, which are incorporated herein by reference. Note: Authority cited: Sections 39600, 39601, 43013, 43101, 43104, 43105, 43210 and 43806, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43012, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43106, 43202, 43203, 43204, 43210-43213 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. s 2100. Purpose. (a) It is the purpose of this article to implement authority granted the state board in Part 5, Division 26 of the Health and Safety Code in order to monitor motor vehicles from manufacture through distribution, to and in the hands of consumers, to determine compliance with applicable laws. (b) This section shall apply to 1977 and subsequent model-year vehicles. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43202, 43210, 43211 and 43212, Health and Safety Code. s 2100.5. Purpose. Notwithstanding the repeal or expiration of this regulation on May 12, 1983, the provisions of the regulation as they existed prior to such repeal or expiration shall continue to be operative and effective for those events occurring prior to the repeal or expiration. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Section 43210, Health and Safety Code. s 2100.6. Purpose. (a) It is the purpose of this article to implement authority granted the Board in Part 5, Division 26 of the Health and Safety Code in order to monitor motor vehicles that, although properly maintained and used, are not in compliance with applicable laws and regulations. (b) This section shall apply to 1978 and subsequent model-year passenger cars, light-duty trucks, medium and heavy-duty vehicles, and motorcycles. Note: Authority cited: Sections 39601, 43105 and 43213, Health and Safety Code. Reference: Sections 43000, 43105, 43106 and 43211-43213, Health and Safety Code. s 2101. Compliance Testing and Inspection -New Vehicle Selection, Evaluation, and Enforcement Action. (a) The executive officer may, with respect to any new vehicle engine family, test group or subgroup being sold, offered for sale, or manufactured for sale in California, order a vehicle manufacturer to make available for compliance testing and/or inspection a reasonable number of vehicles, and may direct that the vehicles be delivered to the state board at the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California. Vehicles shall be selected at random from sources specified by the executive officer according to a method approved by him/her, which insofar as practical shall exclude (1) vehicles manufactured pursuant to the specific order of an ultimate purchaser or (2) vehicles the selection of which, if not excluded, would result in an unreasonable disruption of the manufacturer's distribution system. A subgroup may be selected for compliance testing only if the executive officer has reason to believe that the emissions characteristics of that subgroup are substantially in excess of the emissions of the engine family or test group as a whole. (b) If the vehicles are selected for compliance testing, the selection and testing of vehicles and the evaluation of data shall be made in accordance with the "California New Vehicle Compliance Test Procedures," adopted by the state board on June 24, 1976 and last amended August 5, 1999. Testing of passenger cars and light-duty-trucks certified to the low-emission and ultra-low-emission exhaust standards to determine compliance with the Supplemental Federal Test Procedure emission standards shall commence in the 2002 model year. Motorcycles scheduled for compliance testing shall be selected, tested, and evaluated in accordance with the "California New Motorcycle Compliance Test Procedures," adopted by the state board on June 30, 1977, and amended November 24, 1981. (c) If the executive officer determines, in accordance with the "California New Vehicle Compliance Test Procedures," or the "California New Motorcycle Compliance Test Procedures" that an engine family, test group, or any subgroup within an engine family or test group, exceeds the emission standards for one or more pollutants, the executive officer shall notify the manufacturer and may invoke Section 2109. Prior to invoking Section 2109, the executive officer shall consider quality audit test results, if any, and any additional test data or other information provided by the manufacturer. (d) Vehicles selected for inspection shall be checked to verify the presence of those emissions-related components specified in the manufacturer's application for certification, and for the accuracy of any adjustments, part numbers and labels specified in that application. If any vehicle selected for inspection fails to conform to any applicable law in Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, or any regulation adopted by the state board pursuant thereto, other than an emissions standard applied to new vehicles to determine "certification" as specified in Subchapter 1, Article 2 of this Chapter and an assembly-line test procedure specified in Subchapter 2, Article 1 of this Chapter, the executive officer shall notify the manufacturer and may invoke Section 2109. Prior to invoking Section 2109, the executive officer shall consider any information provided by the manufacturer. Note: Authority cited: Sections 39600, 39601 and 43104, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106, 43202, 43210, 43211 and 43212, Health and Safety Code. s 2102. Selection of Vehicles. Note: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and 43210, Health and Safety Code. s 2103. Evaluation. Note: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and 43210, Health and Safety Code. s 2104. Action 2103. Note: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and 43210, Health and Safety Code. s 2105. Compliance with Applicable Laws. Note: Authority cited: Sections 39600, 39601, 43104, 43106 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43106 and 43210, Health and Safety Code. s 2106. New Vehicle Assembly-Line Inspection Testing. If reports required by an assembly-line test procedure under Article 1 of Subchapter 2 are not in accordance with reporting requirements or if surveillance under Article 2 or Article 3 of Subchapter 2 indicates that assembly-line inspection testing is being improperly performed, or that vehicles are being manufactured which do not comply with the functional test requirements or, prior to the 2001 model year with the assembly-line emission standards, the executive officer may order corrections of reporting or test procedures, and may, in accordance with Section 2109 or 2110, as applicable, order correction of vehicles not in compliance with applicable laws, emission standards, or test procedures. Note: Authority cited: Sections 39600, 39601, 43105 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43104, 43105 and 43210, Health and Safety Code. s 2107. Assembly-Line Quality-Audit Testing. Prior to the 2001 model year, if any official test procedure adopted by the state board specifies that the state board may find a violation of Section 43105 or 43106 of the Health and Safety Code or of this article when a specified percentage of assembly-line vehicles exceeds a standard and when data submitted by the manufacturer indicates such percentage is being exceeded or if surveillance under Article 2 or Article 3 of Subchapter 2 indicates that assembly-line quality audit testing is being improperly performed, the executive officer may invoke the provisions of Section 2109 or 2110, as applicable. Quality audit testing is not required for the 2001 and subsequent model years. Note: Authority cited: Sections 39600, 39601, 43105 and 43210, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43102, 43105, 43106 and 43210, Health and Safety Code. s 2108. Order of Executive Officer. Failure to comply with any order of the executive officer issued pursuant to this article may result in the revocation or conditioning of certification in the manner specified in Section 2109 or 2110, as applicable. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 43100, 43105, 43106 and 43210, Health and Safety Code. s 2109. New Vehicle Recall Provisions. (a) When this section is invoked pursuant to other sections of this article or Health and Safety Code Section 43105, the executive officer shall require the manufacturer to submit a plan within 30 calendar days of receipt of the invocation order to bring all vehicles into compliance. The executive officer shall order execution of the plan with such changes and additions as he/she determines to be necessary. The plan may include measures to identify the cause of vehicle noncompliance and to correct noncomplying conditions, correction of vehicles under manufacture, correction of vehicles in the possession or control of the manufacturer and dealers, and correction of vehicles in the possession of consumers (by correction upon service whether or not by warranty, by correction following notification of recall by mail, or by correction following efforts actively to locate and correct all such vehicles). The plan may include the temporary cessation of sales to dealers by the manufacturer and efforts by the manufacturer to prevent the sale of vehicles in possession or control of dealers, until the vehicles are corrected. The executive officer may order any one or more of the foregoing actions, or any other action reasonably necessary to bring all vehicles into compliance. (b) The plan shall specify the percentage of vehicles subject to recall which must actually be corrected. If, after good faith efforts, the manufacturer cannot correct the percentage of vehicles specified in the plan by the applicable deadlines, the manufacturer may request the executive officer to modify the percentage of vehicles specified in the plan, setting out in full the good faith efforts of the manufacturer to comply with the original plan, and the reasons it has been unable to comply. The executive officer shall, on the basis of this request, modify the percentage of vehicles which must actually be corrected if he/she finds in writing that the manufacturer has made a good faith effort and has shown good cause for the modification. If the manufacturer so requests, the plan shall specify the maximum incentives (such as a tune-up or specified quantity of gasoline), if any, the manufacturer must offer to vehicle owners to induce them to present their vehicles for repair, as a condition of showing that the manufacturer has made a good faith effort to repair the percentage of vehicles specified in the plan. The plan shall also include a schedule for implementing actions to be taken, including identified increments of progress towards implementation and deadlines for completing each such increment. (c) If a vehicle is recalled pursuant to this section, the manufacturer shall make all necessary corrections specified in the plan without charge to the registered owner of the vehicle or, at the manufacturer's election, shall reimburse the registered owner for all costs (except incidental and consequential damages) of making such necessary corrections. The term "all costs" shall not include incidental or consequential damages, except that the manufacturer shall reimburse the registered owner for any damage to the vehicle's emissions control system proximately caused by a defect subject to a recall action under this subsection or an action by a manufacturer taken pursuant to a plan under this subsection. (d) If the plan ordered by the executive officer pursuant to this subsection includes a recall, the manufacturer may, within 20 calendar days of its receipt of the plan ordered by the executive officer, notify the executive officer of its desire to contest the necessity for or scope of that order. Any such notification shall specify the basis of the manufacturer's objections. Upon receipt of such notification, the executive officer shall stay the recall until the state board affords the manufacturer the opportunity, at a public hearing to be scheduled no less than 30 calendar days and no more than 60 calendar days after receipt of such notification, to present evidence in support of its objections. A stay of a recall shall not, unless otherwise ordered, stay any other portion of a plan required herein or any other order issued pursuant to this article. The manufacturer may, within 20 calendar days of its receipt of the plan ordered by the executive officer, request a public hearing of the state board on the necessity for or scope of any other corrective action ordered by the executive officer. Such a hearing shall be held by the state board not less than 30 and no more than 60 calendar days after receipt of the manufacturer's request for such a hearing. The plan ordered by the executive officer shall remain in effect pending such hearing, unless otherwise ordered by the executive officer. (e) Failure by a manufacturer to carry out all corrective actions or recall actions ordered by the executive officer pursuant to Section 2106 or to subsection (a) of this section according to the schedule included in the plan ordered by the executive officer shall constitute a violation of that order and of Health and Safety Code Section 43105. The executive officer shall extend any deadline in the plan if he/she finds in writing that a manufacturer has shown good cause for such extension. If the manufacturer fails to correct the percentage of vehicles subject to recall specified in the recall plan issued by the executive officer (including any modifications made by him/her), by the deadline(s) included in that plan, each vehicle included in the number of vehicles by which the manufacturer falls short of such percentage shall constitute a separate violation of the order and of Health and Safety Code Section 43016. The state board may hold a public hearing to consider whether approval of such vehicles shall be suspended or conditioned. The state board shall hold such a hearing if requested to do so by either the affected manufacturer or the executive officer. After the hearing, the state board may suspend or condition approval if it finds that the corrective action ordered by the executive officer was reasonable and that the manufacturer failed to comply or to comply within the specified time period. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43016, 43100-43102, 43104 and 43106, Health and Safety Code. s 2110. Remedial Action for Assembly-Line Quality Audit Testing of Less Than a Full Calendar Quarter of Production Prior to the 2001 Model Year. (a) When this section is invoked prior to the 2001 model year pursuant to other sections of this article or Health and Safety Code Section 43105, the executive officer shall order the manufacturer to submit a remedial action plan to bring all vehicles in possession of the manufacturer into compliance. The manufacturer shall submit the plan within 30 calendar days after it receives the order. The executive officer may order execution of the plan with such changes and additions as he/she determines are necessary, including additional testing and reporting, consistent with the applicable assembly-line test procedures, to verify acceptability of the plan. The plan shall include a schedule for implementing actions to be taken, including identified increments of progress towards implementation, and deadlines for completing each such increment. The executive officer may not order a recall pursuant to this section. (b) The manufacturer may, within 20 calendar days of its receipt of order for remedial action, request a public hearing of the state board on the necessity for or scope of any corrective action ordered by the executive officer. Such a hearing shall be held by the state board not less than 30 nor more than 60 calendar days after receipt of the manufacturer's request for such a hearing. The plan ordered by the executive officer shall remain in effect pending such hearing, unless otherwise ordered by the executive officer. (c) Failure by a manufacturer to carry out all corrective actions ordered by the executive officer shall constitute a violation of that order and of Health and Safety Code Section 43105. The executive officer shall extend any deadline in the plan if he/she finds in writing that a manufacturer has shown good cause for such extension. Each vehicle required by the plan issued by the executive officer (including any modifications made by him/her) to receive remedial action which does not receive such action by the deadline(s) included in the plan shall constitute a separate violation of the order and of Health and Safety Code Section 43106. The state board may hold a public hearing to consider whether approval of such vehicles shall be suspended or conditioned. The state board shall hold such a hearing if requested to do so by either the affected manufacturer or the executive officer. After such hearing, the state board may suspend or condition approval if it finds that the corrective action ordered by the executive officer was reasonable and that the manufacturer failed to comply or to comply within the specified time period. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43016, 43100-43102, 43104 and 43106, Health and Safety Code. s 2111. Applicability. (a) These procedures shall apply to: (1) California-certified 1982 and subsequent model-year passenger cars, light-duty trucks, medium-duty vehicles, heavy-duty vehicles, motorcycles, and California-certified 1997 and subsequent model-year off-road motorcycles and all-terrain vehicles, including those federally certified vehicles which are sold in California pursuant to Health and Safety Code section 43102, (2) California-certified motor vehicle engines used in such vehicles, (3) California-certified 2000 and subsequent model-year off-road compression-ignition engines, and (4) California-certified 2009 and subsequent model-year spark-ignition inboard and sterndrive marine engines. (b) These procedures shall not apply to zero emission vehicles and those vehicles certified under Health and Safety Code section 44201. (c) The Executive Officer may waive any or all of the requirements of these procedures if he or she determines that the requirement constitutes an unwarranted burden on the manufacturer without a corresponding emission reduction. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2112. Definitions. (a) "Capture rate" means the percentage of in-use vehicles subject to recall which must be corrected to bring the class or category of vehicles into compliance. The number of vehicles subject to recall shall be based on the actual number of vehicles in use as verified by the Department of Motor Vehicles registration records, or vehicle or engine registration records compiled and prepared by R. L. Polk and Company or a comparable source at the time a recall is initiated. (b) "Correlation factor" means a pollutant-specific multiplicative factor calculated by a manufacturer for an engine family or test group which establishes a relationship between chassis exhaust emission data, as determined from the test procedures specified in section 1960.1 or 1961, Title 13, California Code of Regulations, and engine exhaust emission data, as determined from the test procedures specified in section 1956.8, Title 13, California Code of Regulations. (c) "Days", when computing any period of time, means normal working days on which a manufacturer is open for business, unless otherwise noted. (d) "Emission-Related Failure" means a failure of a device, system, or assembly described in the approved application for certification which affects any parameter, specification, or component enumerated in Appendix A to this subchapter 2.5 or listed in the Emission Warranty Parts List pursuant to section 2036, Title 13, California Code of Regulations, except for failures of devices, systems and assemblies which the Executive Officer has deleted from the manufacturer's list of warranted parts pursuant to section 2036 (f), Title 13, California Code of Regulations. (e) "Emission Warranty Claim" means an adjustment, inspection, repair or replacement of a specific emission-related component for which the vehicle or engine manufacturer is invoiced or solicited by a repairing agent for compensation pursuant to warranty provisions, regardless of whether compensation is actually provided. (f) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her authorized representative. (g) "Influenced Emission Recall" means an inspection, repair, adjustment, or modification program initiated and conducted by a manufacturer or its agent or representative as a result of in-use enforcement testing or other evidence of noncompliance provided or required by the Board, to remedy any nonconformity for which direct notification of vehicle or engine owners is necessary. (h) "Nonconformity" or "noncompliance" exists whenever: (1) a substantial number of a class or category of vehicles or engines, although properly maintained and used, experience a failure of the same emission-related component within their useful lives which, if uncorrected, results in the vehicles' or engines' failure to meet the applicable standards; or (2) a class or category of vehicles or engines within their useful lives, although properly maintained and used, on average does not comply with the emission standards prescribed under section 43101 of the Health and Safety Code which are applicable to the model-year of such vehicles or engines. (i) "Ordered Emission Recall" means an inspection, repair, adjustment, or modification program required by the Board and conducted by the manufacturer or its agent or representative to remedy any nonconformity for which direct notification of vehicle or engine owners is necessary. (j) "Quarterly reports" refer to the following calendar periods: January 1- March 31, April 1-June 30, July 1-September 30, October 1-December 31. (k) "Ultimate purchaser" has the same meaning as defined in section 39055.5 of the Health and Safety Code. (l) "Useful life" means, for the purposes of this article: (1) For Class I motorcycles and motorcycle engines (50 to 169 cc or 3.1 to 10.4 cu. in.), a period of use of five years or 12,000 kilometers (7,456 miles), whichever first occurs. (2) For Class II motorcycles and motorcycle engines (170 to 279 cc or 10.4 to 17.1 cu. in.), a period of use of five years or 18,000 kilometers (11,185 miles), whichever first occurs. (3) For Class III motorcycles and motorcycle engines (280 cc and larger or 17.1 cu. in. and larger), a period of use of five years or 30,000 kilometers (18,641 miles), whichever first occurs. (4) For 1982 through 1984 model-year diesel heavy-duty vehicles (except medium-duty vehicles), and 1982 through 1984 model-year motor vehicle engines used in such vehicles, a period of use of five years, 100,000 miles, or 3000 hours of operation, whichever first occurs. (5) For 1982 through 1987 model-year gasoline heavy-duty vehicles (except medium-duty vehicles) certified using the steady-state emission standards and test procedures, and 1982 through 1987 model-year gasoline heavy-duty motor vehicle engines certified using the steady-state emission standards and test procedures, a period of use of five years or 50,000 miles, whichever first occurs. (6) For 1987 through 2003 model-year gasoline heavy-duty vehicles (except medium-duty vehicles) certified to the transient emission standards and test procedures, and 1987 and subsequent model-year gasoline heavy-duty motor vehicle engines certified using the transient emission standards and test procedures, a period of use of eight years or 110,000 miles, whichever first occurs, except as noted in paragraph (13). (7) For 1985 through 2003 model-year heavy-duty diesel urban buses, and 1985 through 2003 model-year heavy-duty diesel engines to be used in urban buses, and for 1985 through 2003 model-year diesel heavy-duty vehicles (except medium-duty vehicles), and 1985 through 2003 model-year motor vehicle engines used in such vehicles, a period of use of eight years or 110,000 miles, whichever first occurs, for diesel light, heavy-duty vehicles; eight years or 185,000 miles, whichever first occurs, for diesel medium, heavy-duty vehicles; and eight years or 290,000 miles, whichever first occurs, for diesel heavy, heavy-duty vehicles, except as provided in paragraphs (11), (14), (15) and (16); or any alternative useful life period approved by the Executive Officer. (The classes of diesel light, medium, and heavy, heavy-duty vehicles are defined in 40 CFR section 86.085-2, as amended November 16, 1983.) (8) For light-duty and medium-duty vehicles certified under the Optional 100,000 Mile Certification Procedure, and motor vehicle engines used in such vehicles, a period of use of ten years or 100,000 miles, whichever first occurs. (9) For 2001 and subsequent-model year medium-duty low-emission, ultra-low-emission and super-ultra-low-emission vehicles certified to the primary standards in section 1961(a)(1), and motor vehicle engines used in such vehicles, a period of use of ten years or 120,000 miles, whichever occurs first. For 2001 and subsequent medium-duty low-emission, ultra-low-emission and super-ultra-low-emission vehicles certified to the optional 150,000 mile standards in section 1961(a)(1), and motor vehicle engines used in such vehicles, a period of use of fifteen years or 150,000 miles, whichever occurs first. For all other 1995 and subsequent model-year medium-duty vehicles and motor vehicle engines used in such vehicles, and 1992 through 1994 model-year medium-duty low-emission and ultra-low-emission vehicles certified to the standards in Section 1960.1(h)(2), and motor vehicle engines used in such vehicles, a period of use of eleven years or 120,000 miles, whichever occurs first. (10) For all other light-duty and medium-duty vehicles, and motor vehicle engines used in such vehicles, a period of use of five years or 50,000 miles, whichever first occurs. For those passenger cars, light-duty trucks and medium-duty vehicles certified pursuant to section 1960.1.5, Title 13, California Code of Regulations, the useful life shall be seven years, or 75,000 miles, whichever first occurs; however, the manufacturer's reporting and recall responsibility beyond 5 years or 50,000 miles shall be limited, as provided in section 1960.1.5. For those passenger cars and light-duty trucks certified pursuant to Title 13, California Code of Regulations, section 1960.1 (f) and section 1960.1(g), the useful life shall be ten years or 100,000 miles, whichever first occurs; however, for those vehicles certified under section 1960.1(f), the manufacturer's warranty failure and defects reporting and recall responsibility shall be subject to the conditions and standards specified in section 1960.1 (f). (11) For 1994 through 2003 model-year heavy heavy-duty diesel urban buses, and 1994 through 2003 model-year heavy heavy-duty diesel engines to be used in urban buses, for the particulate standard, a period of use of ten years or 290,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer. (12) For 1997 and subsequent model year off-road motorcycles, all-terrain vehicles, and engines used in such vehicles, a period of use of five years or 10,000 kilometers (6,250 miles), whichever first occurs. (13) For 1998 through 2003 model-year gasoline heavy-duty engines, for the NO x standard, a period of use of ten years or 110,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer. (14) For 1998 through 2003 model-year light heavy-duty diesel engines, for the NO x standard, a period of use of ten years or 110,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer. (15) For 1998 through 2003 model-year medium heavy-duty diesel engines, for the NO x standard, a period of use of ten years or 185,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer. (16) For 1998 through 2003 model-year heavy heavy-duty diesel engines, for the NO x standard, a period of use of ten years or 290,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer. (17) For those passenger cars and light-duty trucks certified to the primary standards in section 1961(a)(1), the useful life shall be ten years or 120,000 miles, whichever occurs first. For 2001 and subsequent passenger car and light-duty truck low-emission, ultra-low-emission and super-ultra-low-emission vehicles certified to the optional 150,000 mile standards in section 1961(a)(1), and motor vehicle engines used in such vehicles, a period of use of fifteen years or 150,000 miles, whichever occurs first. (18) For 2004 and subsequent model-year light heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emissions standards, a period of use of 10 years or 110,000 miles, whichever first occurs, or any alternative useful life period approved by the Executive Officer. (19) For 2004 and subsequent model-year medium heavy-duty diesel engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbons emissions standards, a period of use of ten years or 185,000 miles, whichever first occurs; or any alternative useful life period approved by the Executive Officer. (20) For 2004 and subsequent model-year heavy heavy-duty diesel engines, 2004 and subsequent model-year heavy-duty diesel urban buses, 2004 and subsequent model-year heavy-duty diesel engines to be used in urban buses, and 2004 and subsequent model year hybrid-electric urban buses for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbon emissions standards, a period of use of 10 years or 435,000 miles, or 22,000 hours, whichever first occurs, or any alternative useful life period approved by the Executive Officer, except as provided in paragraphs (19)(i) and (19)(ii). (i) The useful life limit of 22,000 hours in paragraph (19) of this definition is effective as a limit to the useful life only when an accurate hours meter is provided by the manufacturer with the engine and only when such hours meter can reasonably be expected to operate properly over the useful life of the engine. (ii) For an individual engine, if the useful life hours limit of 22,000 hours is reached before the engine reaches 10 years or 100,000 miles, the useful life shall become 10 years or 100,000 miles, whichever occurs first, as required under Clean Air Act section 202(d) (42 U.S.C. 7521(d)). (21) For 2004 and subsequent model-year heavy-duty Otto-cycle engines, for carbon monoxide, particulate, and oxides of nitrogen plus non-methane hydrocarbon emissions standards, a period of use of 10 years or 110,000 miles, whichever first occurs. (22) For 2000 and later model year off-road compression-ignition engines, for oxides of nitrogen, hydrocarbon, oxides of nitrogen plus hydrocarbon (when applicable), carbon monoxide, particulate emission standards, and for smoke opacity: (A) For all engines rated under 19 kilowatts, and for constant-speed engines rated under 37 kilowatts with rated speeds greater than or equal to 3,000 revolutions per minute, a period of use of five years or 3,000 hours of operation, whichever first occurs. (B) For all other engines rated above 19 kilowatts and under 37 kilowatts, a period of use of seven years or 5,000 hours of operation, whichever first occurs. (C) For engines rated at or above 37 kilowatts, a period of use of ten years or 8,000 hours of operation, whichever first occurs. (23) For 2009 and subsequent model year spark-ignition inboard and sterndrive marine engines, a period of ten years or 480 hours, whichever first occurs. (m) "Vehicle or engine manufacturer" means the manufacturer granted certification for a motor vehicle or motor vehicle engine. (n) "Voluntary Emission Recall" means an inspection, repair, adjustment, or modification program voluntarily initiated and conducted by a manufacturer or its agent or representative to remedy any nonconformity for which direct notification of vehicle or engine owners is necessary. Appendix A to Article 2.1 California In-Use Vehicle Emission-Related Recall Procedures, Enforcement Test Procedures, and Failure Reporting Procedures for 1982 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and Engines, Motorcycles, 1997 and Subsequent Model-Year Off-Road Motorcycles and All-Terrain Vehicles, 2000 and Subsequent Model-Year Off-Road Compression-Ignition Engines, and 2009 and Subsequent Model-Year Spark-Ignition Inboard and Sterndrive Marine Engines. Vehicle and Engine Parameters, Components, and Specifications I. Passenger Car, Light-Duty Truck, Medium-Duty Vehicle, Motorcycle, and Inboard and Sterndrive Parameters and Specifications. A. Basic Engine Parameters -Reciprocating Engines. 1. Compression ratio. 2. Cranking compression pressure. 3. Valves (intake and exhaust). a. Head diameter dimension. b. Valve lifter or actuator type and valve lash dimension. 4. Turbocharger calibrations. 5. Camshaft timing. a. Valve opening (degrees BTDC). b. Valve closing (degrees ATDC). c. Valve overlap (inch-degrees). B. Basic Engine Parameters -Rotary Engines. 1. Intake port(s): Timing and overlap if exposed to the combustion chamber. 2. Exhaust port(s): Timing and overlap if exposed to the combustion chamber. 3. Cranking compression pressure. 4. Compression ratio. C. Air Inlet System: Temperature control system calibration. D. Fuel System. 1. General a. Engine idle speed. b. Engine idle mixture. 2. Carburetion. a. Air-fuel flow calibration. b. Transient enrichment system calibration. c. Starting enrichment system calibration. d. Altitude compensation system calibration. e. Hot idle compensation system calibration. 3. Fuel injection. a. Control parameters and calibrations. b. Fuel shutoff system calibration. c. Starting enrichment system calibration. d. Transient enrichment system calibration. e. Air-fuel flow calibration. f. Altitude compensation system calibration. g. Operating pressure(s). h. Injector timing calibrations. E. Ignition System. 1. Control parameters and calibrations. 2. Initial timing setting. 3. Dwell setting. 4. Altitude compensation system calibration. 5. Spark plug voltage. F. Engine Cooling System: Thermostat calibration. 456G. Exhaust Emission Control system. 1. Air injection system. a. Control parameters and calibrations. b. EGR valve flow calibration. 2. EGR system. a. Control parameters and calibrations. b. EGR valve flow calibration. 3. Catalytic converter system. a. Active surface area. b. Volume of catalyst. c. Conversion efficiency. d. Leaded fuel restrictor or constricted fuel filler neck. 4. Backpressure. H. Evaporative Emission Control System. 1. Control parameters and calibrations. 2. Fuel tank. a. Pressure and vacuum relief settings. b. Fuel fill pipe and opening specifications (Reference section 2290, Title 13, C.C.R.). I. Crankcase Emission Control System. 1. Control parameters and calibrations. 2. Valve calibration(s). J. Auxiliary Emission Control Devices (AECD). 1. Control parameters and calibrations. 2. Component calibration(s). K. Emission Control Related Malfunction and Diagnostic Systems. 1. On-Board Malfunction and Diagnostic Systems a. Control parameters and calibrations. b. Component calibration(s). 2. Emission Control Related Warning Systems a. Control parameters and calibrations. b. Component calibration(s). L. Driveline Parameters. 1. Axle ratio(s). II. Heavy-Duty Gasoline Engine Parameters and Specifications. A. Basic Engine Parameters. 1. Compression ratio. 2. Cranking compression pressure. 3. Supercharger/turbocharger calibration. 4. Valves (intake and exhaust). a. Head diameter dimension. b. Valve lifter or actuator type and valve lash dimension. 5. Camshaft timing. a. Valve opening (degrees BTDC). b. Valve closing (degrees ATDC). c. Valve overlap (inch-degrees). B. Air Inlet System: Temperature control system calibration. C. Fuel System. 1. General. a. Engine idle speed. b. Engine idle mixture. 2. Carburetion. a. Air-fuel flow calibration. b. Transient enrichment system calibration. c. Starting enrichment system calibration. d. Altitude compensation system calibration. e. Hot idle compensation system calibration. 3. Fuel injection. a. Control parameters and calibrations. b. Fuel shutoff system calibration. c. Starting enrichment system calibration. d. Transient enrichment system calibration. e. Air-fuel flow calibration. f. Altitude compensation system calibration. g. Operating pressure(s). h. Injector timing calibrations. D. Ignition System. 1. Control parameters and calibrations. 2. Initial timing setting. 3. Dwell setting. 4. Altitude compensation system calibration. 5. Spark plug voltage. E. Engine Cooling System: Thermostat calibration. F. Exhaust Emission Control system. 1. Air injection system. a. Control parameters and calibrations. b. Pump flow rate. 2. EGR system. a. Control parameters and calibrations. b. EGR valve flow calibration. 3. Catalytic converter system. a. Active surface area. b. Volume of catalyst. c. Conversion efficiency. d. Leaded fuel restrictor or constricted fuel filler neck. 4. Backpressure. G. Evaporative Emission Control System. 1. Control parameters and calibrations. 2. Fuel tank. a. Pressure and vacuum relief settings. b. Fuel fill pipe and opening specifications (Reference section 2290, Title 13, C.C.R.). H. Crankcase Emission Control System. 1. Control parameters and calibrations. 2. Valve calibration(s). I. Auxiliary Emission Control Devices (AECD). 1. Control parameters and calibrations. 2. Component calibration(s). J. Emission Control Related Warning Systems. 1. Control parameters and calibrations. 2. Component calibration(s). III. Heavy-Duty Diesel Engine and Off-Road Compression-Ignition Engine Parameters and Specifications. A. Basic Engine Parameters -Four Stroke Cycle Reciprocating Engines. 1. Compression ratio. 2. Cranking compression pressure. 3. Supercharger/turbocharger calibration. 4. Valves (intake and exhaust). a. Head diameter dimension. b. Valve lifter or actuator type and valve lash dimension. 5. Camshaft timing. a. Valve opening (degrees BTDC). b. Valve closing (degrees ATDC). c. Valve overlap (inch-degrees). B. Basic Engine Parameters -Two Stoke Cycle Reciprocating Engine. 1-5. Same as section III.A. 6. Intake port(s): Timing in combustion cycle. 7. Exhaust port(s): Timing in combustion cycle. C. Air Inlet System: Temperature control system calibration. 1. Temperature control system calibration. 2. Maximum allowable air inlet restriction. D. Fuel System. 1. Fuel injection. a. Control parameters and calibrations. b. Transient enrichment system calibration. c. Air-fuel flow calibration. d. Altitude compensation system calibration. e. Operating pressure(s). f. Injector timing calibration. E. Exhaust Emission Control System: Maximum allowable backpressure. F. Crankcase Emission Control System. 1. Control parameters and calibrations. 2. Valve calibration(s). G. Auxiliary Emission Control Device (AECD). 1. Control parameters and calibrations. 2. Component calibration(s). Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, 43105 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43107, 43202, 43204-43205.5 43206, 43210, 43211, 43212, 43213 and 43806, Health and Safety Code; and Section 28114, Vehicle Code. s 2113. Initiation and Approval of Voluntary and Influenced Emission-Related Recalls. (a) When any manufacturer initiates a voluntary emission recall campaign, the manufacturer shall notify the Executive Officer of the recall at least 30 days before owner notification is to begin. The manufacturer shall also submit a voluntary recall plan for approval, as prescribed under Section 2114 of these procedures. A voluntary recall plan shall be deemed approved unless disapproved by the Executive Officer within 20 days after receipt of the recall plan. (b) When any manufacturer, based on enforcement test results or any other information provided or required by the ARB, proposes to initiate an influenced emission recall campaign, the manufacturer shall submit for approval by the Executive Officer an influenced emission recall plan as prescribed by Section 2114 of these procedures. The plan shall be submitted within 45 days following the receipt of a notification from the ARB that enforcement test results or other information demonstrate a vehicle or an engine noncompliance. (c) The Executive Officer shall approve the recall plan if the plan contains the information specified in Section 2114 and is designed to notify the vehicle owner and correct the nonconformity in an expeditious manner. Notification of vehicle or engine owners and the implementation of recall repairs shall commence no later than the schedule specified under Section 2114(a)(3) and (4), unless the manufacturer can show good cause for the Executive Officer to extend the deadline. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2114. Voluntary and Influenced Recall Plans. (a) The recall plan for both voluntary and influenced recalls shall contain the following information unless otherwise specified: (1) A description of each class or category of vehicle or engine subject to recall including the number of vehicles or engines to be recalled, the engine family, test group or a subgroup thereof, the model year, the make, the model, and such other information as may be required to identify the vehicles or engines to be recalled. (2) A description of the nonconformity and the specific modifications, alterations, repairs, adjustments, or other changes to be made to correct the vehicles or engines. (3) A description of the method by which the manufacturer will determine the names and addresses of vehicle or engine owners and the manufacturer's method and schedule for notifying the service facilities and vehicle or engine owners of the recall. (4) A description of the procedure to be followed by vehicle or engine owners to obtain correction of the nonconformity. This shall include the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the nonconformity, and the designation of facilities at which the nonconformity can be remedied. (5) If some or all of the nonconforming vehicles or engines are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of such class of persons. (6) A copy of the letter of notification to be sent to vehicle or engine owners. (7) A description of the system by which the manufacturer will assure that an adequate supply of parts will be available to perform the repair under the recall plan, including the date by which an adequate supply of parts will be available to initiate the repair campaign, and the method to be used to assure the supply remains both adequate and responsive to owner demand. (8) A copy of all necessary instructions to be sent to those persons who are to perform the repair. (9) A description of the impact of the proposed repairs or adjustments on fuel economy, driveability, performance and safety of each class or category of vehicles or engines to be recalled and a brief summary of the data, technical studies, or engineering evaluations which support these descriptions. (10) Under an influenced recall, an estimate of the capture rate from the proposed recall derived from actual data and/or manufacturer experience. A 60 percent capture rate shall be assigned for recalls based exclusively on noncompliance as defined in Section 2112(h)(1), above. (11) Under an influenced recall based on noncompliance as defined in Section 2112(h)(2), above, a description of the impact of the proposed changes on the average emissions from the vehicles or engines to be recalled. The description shall contain the following: (A) Average noncompliance emission levels. (B) Average emission reduction per pollutant resulting from the recall repair. These averages shall be verified by the manufacturer by applying the proposed recall repairs to two or more in-use vehicles or engines representing the average noncompliance emission levels. Only those vehicles or engines with baseline-emission levels within 25 percent of the average emission levels of noncomplying pollutant(s) established under the in-use enforcement test program may be used by manufacturers to verify proposed recall repairs. The Executive Officer may allow the use of vehicles or engines exceeding these limits if none which meet the limits can be reasonably procured. In the case of heavy-duty engines, the average emission levels may be verified using laboratory engines, subject to approval by the Executive Officer. (C) An estimate of the average emission level per pollutant for the class or category of vehicles or engines after repair as corrected by the estimated capture rate. The estimated average emission level shall comply with the applicable emission standard. The Executive Officer may waive the requirement for average emission compliance with the standards provided the emission level per vehicle repaired is reduced to its new-vehicle certification emission level at a minimum capture rate of 60 percent. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2115. Eligibility for Repair. The manufacturer shall not condition eligibility for repair on the proper maintenance or use of the vehicle except for strong and compelling reasons and with the approval of the Executive Officer; however, the manufacturer shall not be obligated to repair a component which has been removed or altered so that the remedial action cannot be performed without additional cost. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2116. Repair Label. (a) The manufacturer shall require those who perform the repair to affix a label to each vehicle or engine repaired, or, when required, inspected, under the voluntary or influenced recall plan. (b) The label shall be placed in a location approved by the Executive Officer and shall be fabricated of a material suitable for such location in which it is installed and which is not readily removable. (c) The label shall contain the recall campaign number and a code designating the campaign facility at which the repair, or inspection for repair, was performed. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2117. Proof of Correction Certificate. The manufacturer shall require those who perform the repair to provide the owner for each vehicle or engine repaired with a certificate, in a format prescribed by the Executive Officer, which indicates that the noncomplying vehicle or engine has been corrected under the recall program. This requirement shall become effective and applicable upon the effective date of a recall enforcement program adopted by the Department of Motor Vehicles or another state agency which requires presentation of proof of correction of a recalled vehicle prior to issuance of a smog certificate, registration renewal, or other entitlement to use. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2118. Notification. The notification of vehicle or engine owners shall contain the following: (a) The statement: "Your (vehicle or engine) (is or may be) releasing air pollutants which exceed (California or California and federal) standards," if applicable as determined by the Executive Officer. (b) A statement that the nonconformity of any such vehicles or engines will be remedied at the expense of the manufacturer. (c) A statement that such nonconformity if not repaired may cause the vehicle or engine to fail a vehicle inspection or Smog Check test when such tests are required under state law. (d) A statement describing the adverse effect, if any, of the uncorrected nonconformity on the performance, fuel economy, or durability of the vehicle or engine. (e) After the effective date of the recall enforcement program referred to in Section 2117, a statement that a certificate showing that the vehicle has been repaired under the recall program shall be issued by the service facilities, and that such a certificate will be required as a condition of vehicle registration or operation, as appropriate. (f) A card to be used by a vehicle or engine owner in the event the vehicle or engine to be recalled has been sold. Such card should be addressed to the manufacturer, have postage paid, and shall provide a space in which the owner may indicate the name and address of the person to whom the vehicle or engine was sold or transferred. (g) The statement: "In order to ensure your full protection under the emission warranty provisions, it is recommended that you have your (vehicle or engine) serviced as soon as possible. Failure to do so could be determined as lack of proper maintenance of your (vehicle or engine)." This statement is not required for off-road motorcycles or all-terrain vehicles. (h) A telephone number provided by the manufacturer, which may be used to report difficulty in obtaining recall repairs. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2119. Recordkeeping and Reporting Requirements. (a) Unless otherwise specified by the Executive Officer, the manufacturer shall report on the progress of the recall campaign by submitting subsequent reports for six consecutive quarters commencing with the quarter after the recall campaign begins. Such reports shall be submitted no later than 25 days after the close of each calendar quarter to: Chief, Mobile Source Operations Division, 9528 Telestar, El Monte, CA 91731. For each class or category of vehicle or engine subject to the emission recall campaign, the quarterly report shall contain the following: (1) Engine family or test group and emission recall campaign number designated by the manufacturer. (2) Date owner notification was begun, and date completed. (3) Number of vehicles or engines involved in the voluntary or influenced emission recall campaign. (4) Number of vehicles or engines known or estimated to be affected by the nonconformity and an explanation of the means by which this number was determined. (5) Number of vehicles or engines inspected pursuant to the voluntary or influenced emission recall plan. (6) Number of inspected vehicles or engines found to be affected by the nonconformity. (7) Number of vehicles or engines receiving repair under the recall plan. (8) Number of vehicles or engines determined to be unavailable for inspection or repair under the recall plan due to exportation, theft, scrapping, or for other reasons (specify). (9) Number of vehicles or engines determined to be ineligible for recall action due to removed or altered components. (10) A listing of the identification numbers of vehicles or engines subject to recall but for whose repair the manufacturer has not been invoiced. This listing shall be supplied in a standardized computer data storage device to be specified by the Executive Officer. The frequency of this submittal may be changed by the Executive Officer depending on the needs of recall enforcement. (11) A copy of any service bulletins transmitted to dealers or other authorized repair facilities which relate to the nonconformity to be corrected and which have not previously been reported. (12) A copy of all communications transmitted to vehicle or engine owners which relate to the nonconformity and which have not previously been submitted. (b) If the manufacturer determines that any of the information submitted to the Executive Officer pursuant to (a) above has changed or was incorrect, revised information and an explanatory note shall be submitted. Responses to subsections (a)(5), (6), (7), (8), and (9) above shall be cumulative totals. (c) The manufacturer shall maintain in a form suitable for inspection, such as computer information storage devices or card files, and shall make available to the Executive Officer or his or her authorized representative upon request, the names and addresses of vehicle or engine owners: (1) To whom notification was given; (2) Whose vehicles were repaired or inspected under the recall plan; and (3) Who were determined not to qualify for such recall action due to removed or altered components. (d) The information gathered by the manufacturer to compile the reports required by these procedures shall be retained for not less than one year beyond the useful life of the vehicles or engines and shall be made available to authorized personnel of the Air Resources Board upon request. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2120. Other Requirements Not Waived. The filing of any report under the provisions of these procedures shall not affect a manufacturer's responsibility to file reports or applications, obtain approval, or give notice under any other provisions of law. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2121. Penalties. Under the influenced recall, failure by a manufacturer to notify the vehicle or engine owners and repair the vehicles or engines in the manner specified in the plan shall constitute a violation of the Executive Officer's order approving the plan and a violation of Health and Safety Code Section 43105. Notwithstanding the above, no penalty shall be imposed for a manufacturer's failure to meet the estimated capture rate except for an influenced recall when the 60-percent capture rate is required pursuant to Section 2114(a)(10) above, in which case a recall pursuant to Section 2123 below may be ordered if the Executive Officer determines that the manufacturer did not show a good faith effort to achieve the capture rate set forth in the recall plan. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2122. General Provisions. The provisions regarding applicability of the ordered recall procedures and the definitions shall be the same as those set forth in Title 13, California Code of Regulations, Sections 2111 and 2112. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2123. Initiation and Notification of Ordered Emission-Related Recalls. (a) A manufacturer shall be notified whenever the Executive Officer has determined, based on warranty information reports, field information reports, enforcement testing results, or any other information, that a substantial number of a class or category of vehicles or engines produced by that manufacturer, although properly maintained and used, contain a failure in an emission-related component which, if uncorrected, may result in the vehicles' or engines' failure to meet applicable standards over their useful lives; or whenever a class or category of vehicles or engines within their useful lives, on average, do not conform to the standards prescribed pursuant to Section 43101 of the Health and Safety Code as applicable to the model year of such vehicles. (b) It shall be presumed for purposes of this section that an emission-related failure will result in the exceedance of emission standards unless the manufacturer presents evidence in accordance with the procedures set forth in Title 13, California Code of Regulations, Section 2147 which demonstrates to the satisfaction of the Executive Officer that the failure will not result in exceedance of emission standards over the useful life of the vehicle or engine. (c) The notification shall include a description of each class or category of vehicles or engines encompassed by the determination of nonconformity, shall set forth the factual basis for the determination and shall designate a date at least 45 days from the date of receipt of such notification by which the manufacturer shall submit a plan to remedy the nonconformity. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2124. Availability of Public Hearing. (a) The manufacturer may request a public hearing pursuant to the procedures set forth in Sections 60040 to 60053, Title 17, California Code of Regulations to contest the finding of nonconformity and the necessity for or the scope of any ordered corrective action. (b) If a manufacturer requests a public hearing pursuant to subsection (a) above, and if the Executive Officer's determination of nonconformity is confirmed at the hearing, the manufacturer shall submit the recall plan required by Section 2125 within 30 days after receipt of the Board's decision. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2125. Ordered Recall Plan. (a) Unless a public hearing is requested by the manufacturer, a recall plan shall be submitted to the Chief, Mobile Source Division, 9528 Telstar Avenue, El Monte, CA 91731, within the time limit specified in the notification. The Executive Officer may grant the manufacturer an extension upon good cause shown. (b) The recall plan shall contain the following: (1) A description of each class or category of vehicle or engine to be recalled, including the engine family or sub-group thereof, the model-year, the make, the model, and such other information as may be required to identify the vehicles or engines to be recalled. (2) A description of the nonconformity and the specific modifications, alterations, repairs, corrections, adjustments or other changes to be made to bring the vehicles or engines into conformity including a brief summary of the data and technical studies which support the manufacturer's decision regarding the specific corrections to be made. (3) A description of the method by which the manufacturer will determine the names and addresses of vehicle or engine owners and the method by which they will be notified. (4) A description of the procedure to be followed by vehicle or engine owners to obtain correction of the nonconformity including the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor required to correct the nonconformity, and the designation of facilities at which the nonconformity can be remedied. The repair shall be completed within a reasonable time designated by the Executive Officer from the date the owner delivers the vehicle or engine for repair. This requirement becomes applicable on the date designated by the manufacturer as the date on or after which the owner can have the nonconformity remedied. (5) If some or all of the nonconforming vehicles or engines are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of such class of persons and a statement indicating that the participating members of the class will be properly equipped to perform such remedial action. (6) The capture rate required for each class or category of vehicle or engine to be recalled. Under recalls based on exceedance of emission standards, the capture rate shall be calculated using the following formula: where: R = capture rate (see section 2112(a), above, for definition). <> = average reduction per vehicle resulting from the recall repair (see subsection (b)(12)(B), below, for determination). Ef = average noncompliance emission level determined from in-use enforcement testing and other sources. Es = emission standard for a particular pollutant. An 80 percent capture rate shall be required for recalls based exclusively on noncompliance as defined in section 2112(h)(1), above. (7) The plan may specify the maximum incentives (such as a tune-up or specified quantity of gasoline), if any, the manufacturer will offer to induce vehicle or engine owners to present their vehicles for repair, as evidence that the manufacturer has made a good faith effort to repair the percentage of vehicles or engines specified in the plan. The plan shall include a schedule for implementing actions to be taken including identified increments of progress towards implementation and deadlines for completing each such increment. (8) A copy of the letter of notification to be sent to vehicle or engine owners. (9) A description of the system by which the manufacturer will assure that an adequate supply of parts will be available to perform the repair under the recall plan including the date by which an adequate supply of parts will be available to initiate the repair campaign, and the method to be used to assure the supply remains both adequate and responsive to owner demand. (10) A copy of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan. (11) A description of the impact of the proposed changes on fuel economy, driveability, performance and safety of each class or category of vehicles or engines to be recalled and a brief summary of the data, technical studies, or engineering evaluations which support these descriptions. (12) A description of the impact of the proposed changes on the average emissions of the vehicles or engines to be recalled based on noncompliance as defined in section 2112(h)(2), above. The description shall contain the following: (A) Average noncompliance emission levels. (B) Average emission reduction or increase per pollutant resulting from the recall repair. These averages shall be verified by the manufacturer by applying the proposed recall repairs to two or more in-use vehicles or engines representing the average noncompliance emission levels. Only those vehicles or engines with baseline emission levels within 25 percent of the average emission levels of noncomplying pollutant(s) established under the in-use enforcement test program may be used by manufacturers to verify proposed recall repairs. The Executive Officer may allow the use of vehicles or engines exceeding these limits if none which meet the limits can be reasonably procured. In the case of heavy-duty engines, the average emission levels may be verified by using laboratory engines, subject to approval by the Executive Officer. (C) An estimate of the average emission level per pollutant for a class or category of vehicles or engines after repair as corrected by the required capture rate. The estimated average emission level shall comply with the applicable emission standards. If the average emissions levels achieved by applying the average emission reduction per vehicle or engine after repair and the estimated capture rate, do not achieve compliance with the emissions standards, a manufacturer shall propose other measures to achieve average emissions compliance. (13) Any other information, reports, or data which the Executive Officer may reasonably determine to be necessary to evaluate the recall plan. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2126. Approval and Implementation of Recall Plan. (a) If the Executive Officer finds that the recall plan is designed effectively to correct the nonconformity and complies with the provisions of Section 2125, he or she will so notify the manufacturer in writing. Upon receipt of the approval notice from the Executive Officer, the manufacturer shall commence implementation of the approved plan. Notification of vehicle or engine owners and the implementation of recall repairs shall commence within 45 days of the receipt of notice unless the manufacturer can show good cause for the Executive Officer to extend the deadline. (b) If the Executive Officer does not approve the recall plan or the mitigation measures provided in Section 2130 as submitted, the Executive Officer shall order modification of the plan or mitigation measures with such changes and additions as he or she determines to be necessary. The Executive Officer shall notify the manufacturer in writing of the disapproval and the reasons for the disapproval. (c) The manufacturer may contest the Executive Officer's disapproval by requesting a public hearing pursuant to the procedures set forth in Sections 60040 to 60053, Title 17, California Code of Regulations. As a result of the hearing, the Board may affirm, overturn or modify the Executive Officer's action. In its decision, affirming or modifying, the Board shall specify the date by which the manufacturer shall commence notifying vehicle or engine owners and implementing the required recall repairs. (d) If no public hearing is requested in accordance with (c) above, the manufacturer shall incorporate the changes and additions required by the Executive Officer and shall commence notifying vehicle or engine owners and implementing the required recall repairs within 60 days of the manufacturer's receipt of the Executive Officer's disapproval. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2127. Notification of Owners. (a) Notification to vehicle or engine owners shall be made by first class mail or by such other means as approved by the Executive Officer provided, that for good cause, the Executive Officer may require the use of certified mail to ensure an effective notification. (b) The manufacturer shall use all reasonable means necessary to locate vehicle or engine owners provided, that for good cause, the Executive Officer may require the manufacturer to use motor vehicle registration lists available from State or commercial sources to obtain the names and addresses of vehicle or engine owners to ensure effective notification. (c) The Executive Officer may require subsequent notification by the manufacturer to vehicle or engine owners by first class mail or other reasonable means provided, that for good cause, the Executive Officer may require the use of certified mail to ensure effective notification. (d) The notification of vehicle or engine owners shall contain the following: (1) The statement: "the California Air Resources Board has determined that your (vehicle or engine) (is or may be) releasing air pollutants which exceed (California or California and Federal) standards. These standards were established to protect your health and welfare from the dangers of air pollution." (2) A statement that the nonconformity of any such vehicles or engines will be remedied at the expense of the manufacturer. (3) A statement that eligibility may not be denied solely on the basis that the vehicle or engine owner used parts not manufactured by the original equipment vehicle manufacturer, or had repairs performed by outlets other than the vehicle or engine manufacturer's franchised dealers. (4) A clear description of the components which will be affected by the recall action and a general statement of the measures to be taken to correct the nonconformity. (5) A statement that such nonconformity, if not repaired, may cause the vehicle or engine to fail an emission inspection or Smog Check test when such tests are required under State law. (6) A description of the adverse effects, if any, that an uncorrected nonconformity would have on the performance, fuel economy, or driveability of the vehicle or engine or to the function of other engine components. (7) A description of the procedure which the vehicle or engine owner should follow to obtain correction of the nonconformity including the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to correct the nonconformity, and a designation of the facilities at which the nonconformity can be remedied. (8) After the effective date of the recall enforcement program referred to in Section 2117, above, a statement that a certificate showing that the vehicle has been repaired under the recall program shall be issued by the service facilities and that such a certificate may be required as a condition of vehicle registration or operation, as applicable. (9) A card to be used by a vehicle or engine owner in the event the vehicle or engine to be recalled has been sold. Such card should be addressed to the manufacturer, have postage paid, and shall provide a space in which the owner may indicate the name and address of the person to whom the vehicle or engine was sold. (10) The statement: "In order to ensure your full protection under the emission warranty made applicable to your (vehicle or engine) by State or Federal law, and your right to participate in future recalls, it is recommended that you have your (vehicle or engine) serviced as soon as possible. Failure to do so could be determined to be a lack of proper maintenance of your (vehicle or engine)." This statement is not required for off-road motorcycles or all-terrain vehicles. (11) A telephone number provided by the manufacturer, which may be used to report difficulty in obtaining recall repairs. (e) The manufacturer shall not condition eligibility for repair on the proper maintenance or use of the vehicle except for strong or compelling reasons and with approval of the Executive Officer; however, the manufacturer shall not be obligated to repair a component which has been removed or altered so that the recall action cannot be performed without additional cost. (f) No notice sent pursuant to Section 2125(b)(8), above, nor any other communication sent to vehicle or engine owners or dealers shall contain any statement, express or implied, that the nonconformity does not exist or will not degrade air quality. (g) The manufacturer shall be informed of any other requirements pertaining to the notification under this section which the Executive Officer has determined are reasonable and necessary to ensure the effectiveness of the recall campaign. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2128. Repair Label. (a) The manufacturer shall require those who perform the repair under the recall plan to affix a label to each vehicle or engine repaired or, when required, inspected under the recall plan. (b) The label shall be placed in a location as approved by the Executive Officer and shall be fabricated of a material suitable for such location and which is not readily removable. (c) The label shall contain the recall campaign number and a code designating the facility at which the repair, inspection for repair, was performed. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2129. Proof of Correction Certificate. The manufacturer shall require those who perform the recall repair to provide the owner of each vehicle or engine repaired with a certificate, through a protocol and in a format prescribed by the Executive Officer, which indicates that the noncomplying vehicle or engine has been corrected under the recall program. This requirement shall become effective and applicable upon the effective date of the recall enforcement program referred to in Section 2117, above. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2130. Capture Rates and Alternative Measures. The manufacturer shall comply with the capture rate specified in the recall plan as determined pursuant to Section 2125(b)(6), above, within six consecutive quarters beginning with the quarter in which the notification of vehicle or engine owners was initiated. If, after good faith efforts, the manufacturer cannot correct the percentage of vehicles specified in the plan by the applicable deadlines and cannot take other measures to bring the engine family or test group into compliance with the standards, the manufacturer shall propose mitigation measures to offset the emissions of the unrepaired vehicles within 45 days from the last report filed pursuant to Section 2133(c), below. The Executive Officer shall approve such measures provided that: (a) the emission reductions from the recalled and repaired vehicles or engines and the mitigation measures are equivalent to achieving the capture rate; and (b) the emission reductions from the mitigation measures are real and verifiable; and (c) the mitigation measures are implemented in a timely manner. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2131. Preliminary Tests. The Executive Officer may require the manufacturer to conduct tests on components and vehicles or engines incorporating a proposed correction, repair, or modification reasonably designed and necessary to demonstrate the effectiveness of the correction, repair, or modification. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2132. Communication with Repair Personnel. The manufacturer shall provide to the Executive Officer a copy of all communications which relate to the recall plan directed to dealers and other persons who are to perform the repair. Such copies shall be mailed to the Executive Officer contemporaneously with their transmission to dealers and other persons who are to perform the repair under the recall plan. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2133. Recordkeeping and Reporting Requirements. (a) The manufacturer shall maintain sufficient records to enable the Executive Officer to conduct an analysis of the adequacy of the recall campaign. The records shall include, for each class or category of vehicle or engine, but need not be limited to, the following: (1) Engine family involved and recall campaign number as designated by the manufacturer. (2) Date owner notification was begun, and date completed. (3) Number of vehicles or engines involved in the recall campaign. (4) Number of vehicles or engines known or estimated to be affected by the nonconformity. (5) Number of vehicles or engines inspected pursuant to the recall plan and found to be affected by the nonconformity. (6) Number of inspected vehicles or engines. (7) Number of vehicles or engines receiving repair under the recall plan. (8) Number of vehicles or engines determined to be unavailable for inspection or repair under the recall plan due to exportation, theft, scrapping, or for other reasons (specify). (9) Number of vehicles or engines determined to be ineligible for recall action due to removed or altered components. (10) A listing of the identification numbers of vehicles or engines subject to recall but for whose repair the manufacturer has not been invoiced. This listing shall be supplied in a standardized computer data storage device to be specified by the Executive Officer. The frequency of this submittal, as specified in subsection (c) below, may be changed by the Executive Officer depending on the needs of recall enforcement. (11) Any service bulletins transmitted to dealers which relate to the nonconformity and which have not previously been submitted. (12) All communications transmitted to vehicle or engine owners which relate to the nonconformity and which have not previously been submitted. (b) If the manufacturer determines that the original responses to subsections (a)(3) and (4) of these procedures are incorrect, revised figures and an explanatory note shall be submitted. Responses to subsections (a)(5), (6), (7), (8), and (9) shall be cumulative totals. (c) Unless otherwise directed by the Executive Officer, the information specified in subsection (a) of these procedures shall be included in six quarterly reports, beginning with the quarter in which the notification of owners was initiated, or until all nonconforming vehicles or engines involved in the campaign have been remedied, whichever occurs sooner. Such reports shall be submitted no later than 25 days after the close of each calendar quarter. (d) The manufacturer shall maintain in a form suitable for inspection, such as computer information storage devices or card files, and shall make available to the Executive Officer or his or her authorized representative upon request, lists of the names and addresses of vehicle or engine owners: (1) To whom notification was given; (2) Who received remedial repair or inspection under the recall plan; and (3) Who were denied eligibility for repair due to removed or altered components. (e) The records and reports required by these procedures shall be retained for not less than one year beyond the useful life of the vehicles or engines involved, or one year beyond the reporting time frame specified in subsection (c) above, whichever is later. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2134. Penalties. Failure by a manufacturer to carry out all recall actions ordered by the Executive Officer pursuant to Sections 2123 through 2133 of these procedures shall constitute a violation of Health and Safety Code Section 43105. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2135. Extension of Time. The Executive Officer may extend any deadline in the plan if he or she finds in writing that a manufacturer has shown good cause for such extension. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2136. General Provisions. The provisions regarding applicability of the enforcement test procedures and the definitions shall be the same as those set forth in Title 13, California Code of Regulations, Sections 2111 and 2112. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2137. Vehicle and Engine Selection. (a) Any vehicle of an engine family, test group, any vehicle of a subgroup of an engine family or test group, or any engine used in a piece of equipment, manufactured for sale in California, shall be subject to these test procedures during its useful life. A minimum of ten (10) in-use vehicles or engines determined by the ARB to be properly maintained and used will be procured and tested by the ARB or its designated laboratory to represent the emission characteristics of the engine family, test group or subgroup. The ARB may test less than ten (10) in-use vehicles or engines if the manufacturer notifies the ARB in writing that the manufacturer will accept the results from less than ten (10) vehicles or engines as being representative of the engine family, test group or subgroup. (b) No vehicle or engine shall be accepted by the ARB as a representative vehicle or engine for enforcement testing unless the following criteria are met: (1) California certified and registered. (2) Odometer indication of less than certified useful-life mileage and vehicle age within useful-life time period. (3) No indication of abuse (e.g., racing, overloading, misfueling, or other misuse), neglect, improper maintenance or other factors that would have a permanent effect on emission performance. (4) No major repair to engine or major repair of vehicle resulting from collision. (5) No indication of any problem that might jeopardize the safety of laboratory personnel. (6) For off-road compression-ignition engines subject to recall testing, engines shall have an hour meter indication and engine age not exceeding the following periods: (A) For all engines rated under 19 kilowatts, and for constant-speed engines rated under 37 kilowatts with rated speeds greater than or equal to 3,000 revolutions per minute, four years or 2.250 hours of operation, whichever first occurs. (B) For all other engines rated above 19 kilowatts and under 37 kilowatts, five years or 3,750 hours of operation, whichever first occurs. (C) For all engines rated at or above 37 kilowatts, seven years or 6,000 hours of operation, whichever first occurs. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2138. Restorative Maintenance. (a) Upon accepting a vehicle for testing, the ARB or its designated laboratory will replace the fuel with Indolene Clear or appropriate certification test fuel. (b) The ARB or its designated laboratory shall perform the following diagnosis or restorative maintenance prior to enforcement testing: (1) Identify part numbers of all essential emission control system components. (2) Check air filter, all drive belts, all fluid levels, radiator cap, all vacuum hoses and electrical wiring related to emission control for integrity; check fuel metering and emission control system components for maladjustments and/or tampering. Record all discrepancies. (3) Check ignition system with oscilloscope and replace any defective components; i.e., spark plugs, wires, etc. (4) Check compression. (5) Check and adjust engine parameters to manufacturer's specifications. (6) Check the OBD system for proper operation. (7) If the vehicle is within 500 miles of a scheduled maintenance service, that maintenance shall be performed except in the case of off-road motorcycles and all-terrain vehicles. For off-road motorcycles and all-terrain vehicles, all required maintenance shall be performed. (c) For any enforcement testing conducted by the manufacturer pursuant to title 13, section 2139 (c)(1), California Code of Regulations, the "ARB or its designated laboratory", as stated in subsections (a) and (b), shall refer to the manufacturer or its designated laboratory. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Health and Safety Code Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2139. Testing. After the vehicles have been accepted and restorative maintenance, if any, has been performed, the ARB or its designated laboratory shall perform the applicable emission tests pursuant to the following: (a) For passenger cars and light-duty trucks, in-use compliance emission tests shall be performed pursuant to section 1960.1 or 1961, Title 13, California Code of Regulations, as applicable. (b) For medium-duty vehicles certified according to the chassis standards and test procedures specified in section 1960.1 or 1961, Title 13, California Code of Regulations and the documents incorporated by reference therein, in-use compliance emission tests shall be performed pursuant to section 1960.1 or 1961, Title 13, California Code of Regulations, as applicable. (c) For medium-duty engines and vehicles certified according to the optional engine test procedures specified in section 1956.8, Title 13, California Code of Regulations and the documents incorporated by reference therein, in-use compliance emission tests shall be performed pursuant to one of the following procedures: (1) The engines of medium-duty vehicles may be tested pursuant to the engine test procedures specified in section 1956.8, provided that the manufacturer or its designated laboratory conduct procurement and enforcement testing pursuant to Sections 2136 through 2140, Title 13, California Code of Regulation, at the manufacturer's expense. For manufacturers that have only one engine family or test group, the manufacturer or its designated laboratory that have more than one engine family or test group, the manufacturer or its designated laboratory shall procure no more than fifteen vehicles per engine family or test group. For manufacturers that have more than one engine family or test group, the manufacturer or its designated laboratory shall procure and test at the manufacturer's expense no more than one-third of its engine families or test groups and no more than fifteen vehicles from each engine family or test group. For the purposes of this section, "one-third" of a manufacturer's engine families or test groups shall be determined by dividing the number of distinct engine families or test groups by three, adding 0.5, and truncating the result to the nearest whole number. The specific engine families or test groups subject to enforcement testing shall be selected by the ARB. The manufacturer or its designated laboratory shall begin the engine procurement process within 10 working days of notification by the ARB and shall complete testing within 100 working days of notification by the ARB. The Executive Officer shall approve the manufacturer's procurement procedures in advance of their use by the manufacturer. The Executive Officer shall approve a manufacturer's procurement procedures if engines are screened according to the criteria specified in section 2137, Title 13, California Code of Regulations and selected randomly from registration records compiled and prepared by R. L. Polk and Company or a comparable source. In addition, no vehicle shall be selected for enforcement testing with mileage less than 60 percent of the useful-life mileage without prior approval from the Executive Officer. The manufacturer shall permit an ARB representative to witness procurement, restorative maintenance, and enforcement testing. The Executive Officer shall have the authority to accept or reject a test engine based upon criteria specified in section 2137. Once an engine has been tested and determined to be in compliance with the current in-use emission standards, no further testing will be performed on subsequent engine families or test groups that carry-over the durability data of the tested engine family or test group. Notwithstanding the above, if a manufacturer fails to demonstrate compliance with the emission standards after one-third of its engine families or test groups have been tested, additional engine families or test groups shall be tested, by the manufacturer or its designated laboratory, at the manufacturer's expense, until compliance is demonstrated on one-third of the engine families or test groups or all of a manufacturer's engine families or test groups have been tested. In addition, any engine family or test group which has been tested and determined to be in noncompliance shall be retested by the manufacturer each subsequent year until compliance with the applicable emission standards has been demonstrated. Notwithstanding the above, the ARB may conduct engine enforcement testing pursuant to the engine test procedures specified in section 1956.8, at their own expense. (2) Medium-duty vehicles may be tested according to the chassis test procedures specified in section 1960.1(k) or 1961, as applicable, if a manufacturer develops correlation factors which establish the relationship between engine and chassis testing for each engine family or test group and submits these correlation factors within one year after the beginning of production. The correlation factors shall be applied to the measured in-use engine exhaust emission data to determine the in-use engine exhaust emission levels. All correlation factors and supporting data included in a manufacturer's application must be submitted to and approved by the Executive Officer in advance of their use by a manufacturer. Correlation factors intended to apply to a specific engine family or test group shall be applicable for each vehicle model incorporating that specific engine. Manufacturers shall submit test data demonstrating the applicability of the correlation factors for vehicle models comprising a minimum of 80 percent of their engine sales for that specific engine family or test group. The correlation factors for the remaining fleet may be determined through an engineering evaluation based upon a comparison with similar vehicle models. The Executive Officer shall approve a submitted correlation factor if it accurately corresponds to other established empirical and theoretical correlation factors and to emission test data available to the Executive Officer. A manufacturer may choose to use the results from the chassis in-use testing as a screening test. If an engine family or test group does not demonstrate compliance with any of the applicable in-use engine standards, as determined from the chassis test data and the applied correlation factors, the manufacturer shall be subject to the requirements and cost of in-use compliance engine testing, as specified in section 2139(c)(1). The manufacturer shall be subject to engine testing for any non-complying engine family or test group for each subsequent year until compliance with the engine emission standards is demonstrated. Subsequent to approval of the correlation factors, the Executive Officer may make a determination that the original correlation factors are not valid. Such a determination may be based upon in-use emission data, including chassis and engine testing. Upon determination that the correlation factors for a specific engine family or test group are not valid, the manufacturer of the engine family or test group shall be subject to the enforcement testing requirements and costs of in-use compliance engine testing, as specified in section 2139(c)(1). (3) The manufacturer shall choose one of the procedures specified in subsections (c)(1) through (c)(2). The Executive Officer shall permit the use of alternative test procedures if the Executive Officer determines the alternative test procedure adequately predicts the exhaust emissions from the engine test procedure specified in section 1956.8, Title 13, California Code of Regulations. Such a determination may be based upon correlation with test data from the engine test procedures. (4) The time limits specified in subsections (c)(1) and (c)(2) may be extended by the Executive Officer if the manufacturer demonstrates that the time limits specified could not be achieved due to reasons beyond the reasonable control of the manufacturer. (d) For heavy-duty engines and vehicles, in-use compliance emission tests shall be performed pursuant to section 1956.8, Title 13, California Code of Regulations. (e) For motorcycles, in-use compliance emission tests shall be performed pursuant to section 1958, Title 13, California Code of Regulations. (f) For off-road motorcycles and all-terrain vehicles, in-use compliance tests shall be performed pursuant to section 2412, Title 13, California Code of Regulations. The in-use compliance testing shall use the same test procedure utilized for the specific vehicle's original certification testing. (g) For off-road compression-ignition engines, in-use compliance tests shall be performed pursuant to Section 2423, Title 13, California Code of Regulations. The in-use compliance testing shall use the same test procedure utilized for the specific engine's original certification testing. (h) For spark-ignition inboard and sterndrive marine engines, in-use compliance tests shall be performed pursuant to section 2442, Title 13, California Code of Regulations. The in-use compliance testing shall use the same test procedure utilized for the specific engine's original certification testing. (i) For any emission in-use compliance test performed pursuant to subsections (a) through (h), the ARB may waive a specific test for subsequent vehicle samples if results from vehicle samples already tested are deemed sufficient to establish complying emission levels. The ARB shall inform the manufacturer at least 30 days prior to enforcement testing of its vehicles or engines and shall permit a manufacturer representative to observe the enforcement testing. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43107, 43204-43205.5 and 43211-43213, Health and Safety Code. s 2140. Notification and Use of Test Results. (a) The Executive Officer shall notify the manufacturer in writing if the in-use vehicle enforcement test results indicate that the test fleet contains three or more failures of the same emission-related component. Upon receipt of the notification, the manufacturer shall submit an emissions information report in accordance with Title 13, California Code of Regulations, Sections 2146 and 2147. The engine family, test group or sub-group manufacturer shall be subject to recall when a specific emission-related failure occurred in three or more test vehicles, unless the Executive Officer determines from the emissions information report that a recall is unnecessary. (b) If the results of the in-use vehicle emission tests conducted pursuant to Section 2139 indicate that the average emissions of the test vehicles for any pollutant exceed the applicable emission standards specified in Title 13, California Code of Regulations, Sections 1960.1, 1961, 1956.8, 1958, 2412, 2423 or 2442, the entire vehicle population so represented shall be deemed to exceed such standards. The Executive Officer shall notify the manufacturer of the test results and upon receipt of the notification, the manufacturer shall have 45 days to submit an influenced recall plan in accordance with Sections 2113 through 2121, Title 13, California Code of Regulations. If no such recall plan is submitted, the Executive Officer may order corrective action including recall of the affected vehicles in accordance with Sections 2122 through 2135, Title 13, California Code of Regulations. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107, 43204-43205.5 and 43211-43213, Health and Safety Code. s 2141. General Provisions. (a) The provisions regarding applicability of the failure reporting procedures and the definitions shall be the same as those set forth in Title 13, California Code of Regulations, Sections 2111 and 2112, except that this Section 2141 does not apply to off-road compression-ignition engines, as defined in Section 2421. (b) The requirement to file emission warranty information reports and field information reports for a given class or category of vehicles or engines shall be applicable for the warranty period but not to exceed the useful-life period of the vehicles or engines beginning with the 1990 model-year vehicles or engines. (c) The requirement to file an emissions information report for a given class or category of vehicles or engines shall be applicable for the useful-life period of the vehicles or engines. (d) In the case of motor vehicles or engines for which certification of the exhaust and evaporative emission control systems is granted to different manufacturers, the information reporting responsibility in subsections (b) and (c) above shall be assigned to the certifying manufacturer. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2142. Alternative Procedures. (a) A vehicle manufacturer may use an alternative procedure to those specified in Sections 2144(a) and 2145(a), provided the Executive Officer has determined that the alternative procedure will produce substantially equivalent results. In making such a determination, the Executive Officer shall consider the capacity of the alternative procedure to: (1) ensure early detection of failing components within the useful life of the vehicles or engines; (2) track failing components by engine family; (3) assure prompt notification of the Executive Officer when a systematically failing component is indicated; (4) provide objective, complete and easily monitored data; and (5) be audited by the Executive Officer. (b) If, in order to comply with the requirements of Section 2142(a), 2144(a) or 2145(a), a manufacturer elects to develop a system based upon a sampling of representative California dealerships, such plan must be reviewed and approved by the Executive Officer prior to its implementation. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2143. Failure Levels Triggering Recall. An engine family, test group or a subgroup shall be subject to a recall when the number of failures of a specific emission-related component exceeds the failure level set forth below, unless the Executive Officer determines from the emission information report that a recall is unnecessary pursuant to the criteria set forth in Section 2148(a) and (b). Vehicles or engines in an engine family or test group are subject to recall at the following failure levels: 4 percent or 50 (whichever is greater) for 1990 through 1991 model year vehicles or engines; 3 percent or 50 (whichever is greater) for 1992 through 1993 model-year vehicles or engines; and 2 percent or 50 (whichever is greater) for 1994 and subsequent model-year vehicles or engines. The Executive Officer may extend the applicability of the 4 or 3 percent failure levels if he/she determines that proceeding to the next lower level will create an excessive administrative burden on the ARB or the vehicle manufacturers without a corresponding benefit in the reduction of emissions. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2144. Emission Warranty Information Report. (a) A manufacturer shall: (1) Review warranty claim records for each engine family or test group on a quarterly basis to determine and compile by cumulative total the number of claims made for emission-related components. The data compiled shall be based on all warranty claims, without any prescreening of data as to the validity of the claims. In the case of heavy-duty vehicles or engines, a manufacturer may use nationwide data for monitoring warranty claims of a California-certified engine family or test group which is also certified by the United States Environmental Protection Agency. (2) Categorize warranty claims for each engine family or test group by the specific emission control component replaced or repaired. (3) On the basis of data obtained subsequent to the effective date of these regulations, file an emission warranty information report for each quarter when the cumulative number of unscreened warranty claims for a specific emission-related component or repair represent at least one percent or twenty five (whichever is greater) of the vehicles or engines of a California-certified engine family or test group. (b) The emission warranty information report shall contain the following information in substantially the format outlined below: (1) The manufacturer's corporate name. (2) A description of each class or category of California-certified vehicles or engines affected by a warranty replacement or warranty repair of a specific emission-related component, including model year and engine family or test group. (3) The number and percentage of vehicles or engines in each engine family or test group for which a warranty replacement or warranty repair of a specific emission-related component was identified. (4) A short description of the specific emission-related component that was replaced or repaired under warranty. (c) Emission warranty information reports shall be submitted not more than 25 days after the close of a calendar quarter. Subsequent to the filing of an emission warranty information report, a manufacturer shall submit quarterly reports updating the number and percentage of emission-related warranty claims with the most recent information, unless a recall has been implemented. Emission warranty information reports and updates shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731. (d) The records described in Section 2144(a)(1) of these procedures and the records used under the alternative procedure described in Section 2142(a) of these procedures shall be made available to the Executive Officer upon request. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2145. Field Information Report. (a) On the basis of data obtained and reported pursuant to Section 2144 of these procedures, a manufacturer shall file a field information report not more than 45 days after an emission warranty information report indicates that a cumulative total of unscreened warranty claims for a specific emission-related component is found to exist in excess of the percentage of vehicles specified in Section 2143, unless the manufacturer has committed to perform a recall by notifying the ARB of its intent in writing within the 45-day period. A recall plan must be submitted within 45 days of that notice. (b) All field information reports shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731, and shall contain the following information in substantially the format outlined below: (1) The manufacturer's corporate name. (2) A field information report number assigned by the manufacturer which shall be used in all related correspondence. (3) A description of each class or category of California-certified vehicles or engines affected including make, model, model-year, engine family or test group and such other information as may be required to identify the vehicles or engines affected. The description shall include those engine families or test groups related to the affected engine family or test group through common certification test data allowed under Title 40, Code of Federal Regulations, Section 86.085-24(f), as amended December 10, 1984 or Title 40 Code of Federal Regulations, Section 86.1839-01, as adopted May 4, 1999 ( "carry-over" and "carry-across" engine families). (4) A description of the emission-related component that failed or was replaced or repaired under warranty, the failure and the probable cause of the failure. (5) The number and percentage of vehicles or engines in each engine family or test group for which a failure of a specific emission-related component was identified. (6) The total number and percentage of unscreened warranty claims and failures of a specific emission-related component projected to occur during the engine family's or test group's useful life and a description of the method used to project this number. (7) An estimated date when the failure of a specific emission-related component will reach the levels specified in Section 2143 of these procedures. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2146. Emissions Information Report. (a) A manufacturer shall file an emissions information report: (1) For 1990 and subsequent model-year vehicles or engines, when the failure of a specific emission-related component exceeds the percentages specified in Section 2143 of these procedures. An emissions information report shall not be required sooner than 45 days after the field information report has been submitted to the Executive Officer. (2) Not more than 45 days after the Executive Officer, with cause, requires such a report. For purposes of this section, "cause" shall be based upon any information in ARB possession which indicates that a failure of significant scope is occurring which might necessitate a recall, including but not limited to the in-use enforcement test results specified in Section 2140(a) above, and information gathered from ARB in-use surveillance activities, Smog Check inspections, and consumer complaints. (3) For 1982 through 1989 model-year vehicles or engines, not more than 15 days after a specific emission-related defect is determined to exist in twenty-five or more vehicles or engines of the same model year. A defect shall be determined in accordance with procedures established by a manufacturer to identify safety-related defects. (b) No emissions information report shall be required if a manufacturer has committed to perform a recall by notifying the ARB of its intent in writing after the failure of a specific emission-related component exceeds the percentages specified in Section 2143 of these procedures. A recall plan shall be submitted within 45 days of the manufacturer's notification of intent to perform a recall. (c) All emissions information reports shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731, and shall contain the following information in substantially the format outlined below. For purposes of this section, the term "failure" shall be considered synonymous with the term "defect" for those emissions information reports filed pursuant to subsection (a)(3), above. (1) The manufacturer's corporate name. (2) The field information report number from which the failure was first reported, if applicable. (3) A description of each class or category of California-certified vehicles or engines affected by the failure including make, model, model-year, engine family or test group, and such other information as may be required to identify the vehicles or engines affected. (4) A description of the emission-related component that failed, the failure and the probable cause of failure. (5) A description of any driveability problems or impact on other vehicle or engine performance factors such as fuel economy and cold starting likely to result from the failure. (6) For emissions information reports filed pursuant to Section 2146(a)(1) and (2), a description of how emissions will be affected over the useful life of the vehicles or engines due to the failure. (7) For emissions information reports filed pursuant to Section 2146(a)(3), an evaluation of the emission impact of the failure and any available emission data which relate to the failure. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2147. Demonstration of Compliance with Emission Standards. (a) In order to overcome the presumption of noncompliance set forth in Title 13, California Code of Regulations, Section2123(b), the average emissions of the vehicles and engines with the failed emission-related component must comply with applicable emission standards. A manufacturer may demonstrate compliance with the emission standards by following the procedures set forth in either subsection (b) or subsection (c) of this section. (b) A manufacturer may test properly maintained in-use vehicles with the failed emission-related component pursuant to the applicable certification emission tests specified in Title 13, California Code of Regulations, Section 1960.1 or 1961, as applicable, for passenger cars, light-duty trucks and medium-duty vehicles, Section 1956.8 for heavy-duty engines and vehicles, Section 1958 for motorcycles, and Section 2442 for inboard and sterndrive marine engines. The emissions shall be projected to the end of the vehicle's or engine's useful life using in-use deterioration factors. The in-use deterioration factors shall be chosen by the manufacturer from among the following: (1) "Assigned" in-use deterioration factors provided by the ARB on a manufacturer's request and based on ARB in-use testing; or, (2) deterioration factors generated during certification, provided adjustments are made to account for vehicle aging, customer mileage-accumulation practices, type of failed component, component failure mode, effect of the failure on other emission-control components, commercial fuel and lubricant quality, and any other factor which may affect the vehicle's or engine's operating conditions; or, (3) subject to approval by the Executive Officer, a manufacturer-generated deterioration factor. The Executive Officer shall approve such deterioration factor if it is based on in-use data generated from certification emission tests performed on properly maintained and used vehicles in accordance with the procedures set forth in Section 1960.1 or 1961 of Title 13 of the California Code of Regulations as applicable for passenger cars, light-duty trucks, and medium-duty vehicles; Section1956.8 of Title 13 of the California Code of Regulations for heavy duty vehicles and engines; and Section 1958 of Title 13 of the California Code of Regulations for motorcycles, and if the vehicles from which it was derived are representative of the in-use fleet with regard to emissions performance and are equipped with similar emission control technology as vehicles with the failed component. (c) In lieu of the vehicle or engine emission testing described in subsection (b) above and subject to approval by the Executive Officer, a manufacturer may perform an engineering analysis, laboratory testing or bench testing, when appropriate, to demonstrate the effect of the failure. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2148. Evaluation of Need for Recall. (a) Once the emission information report is filed, the Executive Officer shall evaluate the failure to determine whether a recall is necessary. Factors to be considered shall include but are not limited to the following: (1) the validity of the data; (2) the emission impact of the failure on individual vehicles or engines; (3) the possibility of induced tampering due to driveability problems resulting from the failure; (4) the effects of the failure on performance, fuel economy, and safety; (5) the failure rates and the timing and extent of a remedy if no recall is required; and (6) other factors specific to the failure. (b) Notwithstanding subsection (a) above, a recall shall not be required if the manufacturer submits information with the emissions information report which demonstrates to the satisfaction of the Executive Officer that the failure: (1) is limited to an emission-related component on a <-substantial percentage of vehicles and does not represent a pervasive defect in design, application, or execution which is likely to affect a substantial number of such emission-related components during the useful life of the vehicle or engines, and (2) is likely to be corrected under the warranty program or other in-use maintenance procedure shortly after the inception of the problem. (c) If a manufacturer can identify a subgroup of an engine family or test group which is subject to a failure, a recall may be limited to that subgroup with Executive Officer approval. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code. s 2149. Notification and Subsequent Action. (a) The Executive Officer shall notify the manufacturer of the evaluation results. If the Executive Officer deems a noncompliance exists, a manufacturer shall have 15 days upon receipt of ARB notification to notify the ARB in writing of its intent to perform a recall. A manufacturer may initiate one of the following recalls: (1) A voluntary recall if the emissions information report submitted was required pursuant to Section 2146(a)(1) or (a)(3) of these procedures; (2) An influenced recall if the emissions information report submitted was required pursuant to Section 2146(a)(2) of these procedures. (b) If no notification to perform a voluntary or influenced recall is submitted by the manufacturer within the 15-day period specified in subsection (a) above, the ARB may initiate further investigation which could lead, respectively, to an influenced or ordered recall of the subject vehicles or engines. (c) Following notification of noncompliance by the ARB, a manufacturer shall submit within 45 days a recall plan in accordance with Section 2113(a) or (b), Title 13, California Code of Regulations. Note: Authority cited: Sections 39600, 39601 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43018, 43101, 43104, 43105, 43106, 43107, 43204-43205.5, 43211-43213 and 43107, Health and Safety Code. s 2150. Assembly-Line Surveillance. (a) Each manufacturer offering new vehicles for sale in California shall make available to the state board at reasonable times and upon reasonable written notice its facilities for the purpose of observing assembly-line testing conducted pursuant to Article 1. (b) Upon request, facilities at the assembly-line shall be made available for the state board to conduct its own assembly-line tests with the manufacturer's or the state board's own equipment. In lieu of the state board's surveillance testing at assembly-lines, a manufacturer and the executive officer of the state board may agree (1) to the state board's surveillance testing in California at a point or points mutually satisfactory to both, or (2) to surveillance being conducted by an independent laboratory pursuant to instructions of the executive officer. The executive officer shall endeavor to conduct assembly-line surveillance testing under this subdivision with respect to manufacturers whose assembly-lines are outside the continental United States. Note: Authority cited: Sections 39600, 39601 and 43202, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43100, 4302 and 43210, Health and Safety Code. s 2151. New Motor Vehicle Dealer Surveillance. (a) No dealer shall sell, or offer or deliver for sale a new passenger car, light-duty truck, or medium-duty vehicle which is required to meet emission standards adopted pursuant to Chapter 2 (commencing with Section 43100) of Part 5 of Division 26 of the Health and Safety Code, unless such vehicle conforms to the following requirements: (1) Ignition timing set to manufacturer's specification with an allowable tolerance of +- 3 degrees (2) Idle speed is set to manufacturer's specification with an allowable tolerance of +- 100 rpm; (3) Required exhaust and evaporative emission controls, such as EGR valves, are operating properly; (4) Vacuum hoses and electrical wiring for emission controls are correctly routed; and (5) Idle mixture is set to manufacturer's specification or according to manufacturer's recommended service procedure. (b) The executive officer or his/her authorized representative shall, pursuant to Health and Safety Code Section 43012, conduct inspection and surveillance of new motor vehicles at dealerships to verify conformity with the requirements set forth in paragraph (a). Functional tests, steady-state inspection tests, and other tests as reasonably necessary shall be performed. The California Motor Vehicle Inspection Program emission test standards in Section 2176 applicable to the appropriate model year may be used by the executive officer or his/her authorized representative to verify the compliance of new motor vehicles with the requirements of subparagraph (a). Exceeding the limits specified in Section 2176 shall be deemed a violation of the requirements of subparagraph (a). Costs such as those enumerated in Section 2153 shall be borne by the manufacturers. (c) Violation of the requirements set forth in paragraph (a) may result in one or more of the following sanctions: (1) Dealer liability for a civil penalty pursuant to Health and Safety Code Section 43212; for the purpose of this section, the word "distributor" in Section 43212 includes dealers; (2) Dealer infraction liability for violation of Vehicle Code Section 24007(b) or 27156; or (3) Any other remedy against a manufacturer or dealer provided for by law. Note: Authority cited: Sections 39600, 39601 and 43211, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43009, 43012, 43210, 43211, 43212 and 43600, Health and Safety Code; and Sections 24007(b), 27156 and 27157, Vehicle Code. s 2152. Surveillance of Used Cars at Dealerships. (a) No dealer shall sell, or offer or deliver for sale a used passenger car, light-duty truck, or medium-duty vehicle which is required to meet emission standards adopted pursuant to Chapter 1 (commencing with Section 43000) of Part 5 of Division 26 of the Health and Safety Code, unless such vehicle conforms to the following requirements: (1) Ignition timing set to retrofit device or vehicle manufacturer's specification with an allowable tolerance +- 3 degrees; (2) Idle speed set to retrofit device or vehicle manufacturer's specification with an allowable tolerance of +- 100 rpm; (3) Required exhaust and evaporative emission controls, such as EGR valves, are operating properly; (4) Vacuum hoses and electrical wiring for emission controls are correctly routed and connected; and (5) Idle mixture set to retrofit device or vehicle manufacturer's specification or according to manufacturer's recommended service procedure. (b) The requirements set forth in subparagraphs (a)(1) through (a)(5) shall also apply to a dealer when servicing emission related components. However, only that requirement(s) appropriate to the service performed shall apply. (c) The executive officer or his/her authorized representative shall, pursuant to Health and Safety Code Section 43012, conduct inspection and surveillance of used motor vehicles at dealerships to verify conformity with the requirements set forth in paragraphs (a) and (b). Functional tests, steady-state inspection tests, and other tests as reasonably necessary, shall be performed. In addition, the California Motor Vehicle Inspection Program emission test standards in Section 2176 applicable to the appropriate model year may be used by the executive officer or his/her authorized representative to verify compliance with the requirements of subparagraph (a). Exceeding the limits specified in Section 2176 shall be deemed a violation of the requirements of subparagraph (a). (d) Violation of the requirements set forth in paragraphs (a) and (b) may result in one or more of the following sanctions: (1) Dealer infraction liability for violation of Vehicle Code Section 24007(b) or 27156; (2) Action against the dealer's license pursuant to Vehicle Code Section 11713; or (3) Any other remedy against a manufacturer or dealer provided for by law. Note: Authority cited: Sections 39600, 39601 and 43211, Health and Safety Code. Reference: Sections 39002, 39003, 43009, 43012, 43100 and 43600, Health and Safety Code; and Sections 11713, 24007(b), 27156, 27157 and 27157.5, Vehicle Code. s 2153. Reimbursement of Costs. In connection with surveillance of emissions from new vehicles prior to their retail sale, the manufacturers of such vehicles shall pay fees to permit the state board to recover the state board's direct and indirect costs in conducting such surveillance. These costs will be computed on a person-hour basis according to time spent on each manufacturer, and shall include personnel salaries, administrative overhead, travel time and expenses. With respect to surveillance conducted away from the state board's Vehicle Testing Laboratory, if more than one manufacturer is involved in a particular trip, travel time and expenses shall be apportioned among them according to time spent in surveillance of each manufacturer's vehicles. The computations used in establishing fees will periodically be revised and shall be available upon request. Note: Authority cited: Sections 39600, 39601 and 43203, Health and Safety Code. Reference: Section 43210, Health and Safety Code. s 2160. Certificates of Compliance Exemptions -New and Used Diesel Vehicles over 6,000 Pounds Gross Weight Rating. Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Section 4000.1(e), Vehicle Code; and Sections 43150-43156, Health and Safety Code. s 2161. Certificates of Compliance Exemptions -New and Used Diesel Vehicles, 6,000 Pounds or Less Gross Weight Rating. Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Section 4000.1(e), Vehicle Code; and Sections 43150-43156, Health and Safety Code. s 2162. Certificates of Compliance Exemptions -New and Used Motorcycles. Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Section 4000.1(e), Vehicle Code; and Sections 43150-43156, Health and Safety Code. s 2163. Certificates of Compliance Exemptions for Used Motorcycles. Certificates of Compliance are not required upon transfer of ownership and registration of motorcycles, nor upon initial registration of motorcycles with odometer readings of over 7,500 miles. This section shall become effective on September 1, 1984, and shall supersede the provisions of Section 2162 on that date. Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Vehicle Code; and Sections 43150-43156, Health and Safety Code. s 2164. Certificates of Compliance Exemptions for Used Diesel-Powered Passenger Cars, Light-Duty Trucks, and Medium-Duty Vehicles. Certificates of Compliance are not required upon transfer of ownership and registration of diesel-powered passenger cars, light-duty trucks, and medium-duty vehicles, nor upon initial registration of diesel-powered passenger cars, light-duty trucks, and medium-duty vehicles with odometer readings of over 7,500 miles. This section shall become effective on September 1, 1984, and shall supersede the provisions of Sections 2160 and 2161 on that date. Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Vehicle Code; and Sections 43150-43156, Health and Safety Code. s 2165. Certificates of Compliance Exemptions for Used Heavy-Duty Diesel Vehicles. Certificates of Compliance are not required upon transfer of ownership and registration of heavy-duty diesel vehicles, nor upon initial registration of heavy-duty diesel vehicles with an odometer reading of over 7,500 miles. This section shall become effective on September 1, 1984, and shall supersede the provisions of Sections 2160 and 2161 on that date. Note: Authority cited: Section 4000.1(e), Vehicle Code; and Sections 39600 and 39601, Health and Safety Code. Reference: Sections 4000.1(e) and 4000.2, Vehicle Code; and Sections 43150-43156, Health and Safety Code. s 2175. Highway Exhaust Emissions -Light-Duty Vehicles. (a) The state board finds the standards for exhaust emissions set forth in Table 1 to be the maximum allowable emissions of pollutants from light-duty (6,000 pounds or less gross vehicle weight) and medium-duty (8,500 pounds or less gross vehicle weight) gasoline-powered vehicles when inspected at California Highway Patrol roadside inspection lanes. (b) The inspection shall consist of exhaust emission measurements from the vehicle with the air injection system (if any) connected. Hydrocarbon and carbon monoxide concentrations shall be determined by nondispersive infrared instrumentation. The idle mode test shall be performed with the transmission set in neutral gear with the engine at its normal operating temperature. Table 1 Highway Inspection Standards _______________________________________________________________________________ Emission Idle Standards [FNa1] Category Model Control No. of HC CO Number Year System Cylinder PPM % _______________________________________________________________________________ 1 1955-1965 5 or more 800 8.50 2 1966-1970 with air injection 5 or more 450 5.00 3 1966-1970 without air injection 5 or more 550 7.00 4 1971-1972 with air injection 5 or more 300 4.00 5 1971-1972 without air injection 5 or more 450 6.50 6 1973-1974 with air injection 5 or more 200 3.50 7 1973-1974 without air injection 5 or more 450 6.50 8 1955-1967 4 or less 1200 8.00 9 1968-1970 with air injection 4 or less 400 5.50 10 1968-1970 without air injection 4 or less 900 7.50 11 1971-1972 with air injection 4 or less 400 5.50 12 1971-1972 without air injection 4 or less 400 6.50 13 1973-1974 with air injection 4 or less 300 4.50 14 1973-1974 without air injection 4 or less 350 6.50 15 1975+ no catalyst ALL 150 3.00 16 1975+ catalyst without air ALL 200 4.00 injection 17 1975+ catalyst with air injection ALL 100 1.00 18 1975+ three-way catalyst ALL 80 1.00 [FNa1] HC (ppm) is defined as hydrocarbons in parts per millions of hexane by volume and CO (%) is defined as carbon monoxide in percent by volume. Note: Authority cited: Sections 39600, 39601 and 43101, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43101, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code. s 2175.5. Exemption of Vehicles. In cases of conflict with manufacturer's specifications, the executive officer may by Executive Order exempt certain vehicles from a standard set forth in Section 2175 above or set appropriate separate standards. A list of such vehicle(s) or class(es) of vehicles shall be distributed to the California Highway Patrol and the Bureau of Automotive Repair. Note: Authority cited: Sections 39600, 39601 and 43101, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43101, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code. s 2176. Mandatory Inspection Exhaust Emissions -Light-Duty and Medium-Duty Vehicles. (a) Pursuant to Section 43010, Chapter 1, Part 5, Division 26 of the Health and Safety Code, exhaust emissions from light-duty (6,000 pounds or less gross vehicle weight) and medium-duty (8,500 pounds or less gross vehicle weight) gasoline-powered vehicles subject to inspection pursuant to Chapter 20.4 (commencing with Section 9889.50) of Division 3 of the Business and Professions Code shall not exceed the standards set forth in this section by vehicle class as shown in Table 1. (b) The inspection shall consist of exhaust emission measurements from the vehicle with the air injection system (if any) connected. Hydrocarbon, carbon monoxide, and oxides of nitrogen concentrations shall be determined by non-dispersive infrared instrumentation. The cruise mode test shall be performed first on a chassis dynamometer at the speeds and loads shown in the following table: Number of Vehicle Shipping Speed Loading Loading Class Cylinders Weight (mph) (Hp) 1 4 or less --- 4 +- 1 10 +- 1 2 5 or 6 --- 40 +- 1 15 +- 1.5 3 7 or more less than 3,250 lbs. 40 +- 1 17.5 +- 1.5 4 7 or more 3,250 lbs. or more 40 +- 1 20 +- 1.5 A vehicle which cannot reach the speed and load specified in the table above, or which by its original design cannot be tested at cruise on an inspection center dynamometer, may be exempted from the cruise mode of the test. Vehicles owned by licensed fleet operators may be exempted from cruise mode test, provided an underhood functional inspection is performed on these vehicles, in addition to idle mode test. An idle mode test may be performed on vehicles at one lane inspection centers wherever dynamometers are inoperative. The idle mode test shall be performed with the transmission set in neutral gear with the engine at its normal operating temperature. The cruise mode test shall be performed with automatic transmission in drive and with manual transmission set in high gear but overdrive will be disengaged. (c) In the event of a conflict between the emission standards set forth in subdivision (a) and a manufacturer's specifications for a particular engine family or group of vehicles (defined by make, model year, and emission control system), as demonstrated by an excessive failure rate, by valid assembly-line data of the vehicle manufacturer, or by other data available to the executive officer, the executive officer may by Executive Order exempt such engine families or groups of vehicles from the standards set forth in subdivision (a) and set appropriate separate emission standards. Table 1 Two Mode MVIP Standards _______________________________________________________________________________ 40 MPH Cruise Standards [FNa1] Emission Idle Standards [FNa1] Category Model Control No. of HC CO HC CO NOx [FNa1] Number Year System Cylin- PPM % PPM % PPM ders 1 1955-1965 5 or 800 8.50 400 6.50 NO STD more 2 1966-1970 with air 5 or 450 5.00 350 4.00 2400 injection more 3 1966-1970 without air 5 or 550 7.00 350 4.50 3000 injection more 4 1971-1972 with air 5 or 300 4.00 200 2.00 2200 injection more 5 1971-1972 without air 5 or 450 6.50 250 3.00 3200 injection more 6 1973-1974 with air 5 or 200 3.50 150 2.00 1700 injection more 7 1973-1974 without air 5 or 400 6.50 250 2.50 2600 injection more 8 1955-1967 4 or 1200 8.00 400 6.50 NO STD less 9 1968-1970 with air 4 or 400 5.50 300 4.50 3200 injection less 10 1968-1970 without air 4 or 900 7.50 300 6.00 3000 injection less 11 1971-1972 with air 4 or 400 5.50 300 4.00 3000 injection less 12 1971-1972 without air 4 or 400 6.50 300 5.00 3400 injection less 13 1973-1974 with air 4 or 300 4.50 250 4.00 1700 injection less 14 1973-1974 without air 4 or 350 6.50 250 4.00 2600 injection less 15 1975 + no catalyst ALL 150 3.00 150 1.50 2100 16 1975 + catalyst ALL 200 4.00 150 1.50 2200 without air injection 17 1975 + catalyst with ALL 100 1.00 100 1.00 1500 air injection 18 1975 + three-way ALL 80 1.00 80 1.00 1000 catalyst [FNa1] HC (ppm) is defined as hydrocarbons in parts per million of hexane by volume, CO (%) is defined as carbon monoxide in percent by volume, and NO x (ppm) is defined as oxides of nitrogen in parts per million in nitric oxide by volume. Note: Authority cited: Sections 39600, 39601 and 43010, Health and Safety Code; and Sections 9889.50 and 9889.51, Business and Professions Code. Reference: Sections 39002, 39003, 39500, 43000, 43013 and 43600, Health and Safety Code; and Section 9889.50, Business and Professions Code. s 2177. Guidelines for Issuance of Certificate of Compliance. For participants in the Methanol Fuel Experimental Program, the emission control systems listed below, as originally installed on the vehicle, are to be inspected annually. The original equipment systems shall be functioning properly in order to obtain a valid Certificate of Compliance. In addition, each vehicle's ignition system shall be inspected and exhaust carbon monoxide emissions shall be measured. No vehicle which has an ignition misfire or carbon monoxide emissions in excess of the idle emission standards contained in Section 2176 shall receive a Certificate of Compliance. 1. Exhaust Gas Recirculation (EGR) System a. EGR valve and control components, and carburetor spacer if applicable. 2. Air Injection System a. Air Pump. b. Valves affecting distribution of flow. c. Distribution manifold including connection to exhaust manifold. 3. Catalyst or Thermal Reactor System a. Catalytic converter and associated mounting hardware. b. Thermal reactor and lined or coated exhaust manifolds. c. Exhaust port liner and/or double walled exhaust pipe. 4. Evaporative Emission Control System a. Vapor storage canister. b. Vapor-liquid separator. c. Canister Purge system. 5. Positive Crankcase Ventilation (PCV) System a. PCV valve. b. Oil filler cap. 6. Miscellaneous Items Used in Above Systems a. Vacuum and time sensitive valves and switches. b. Electronic controls including computer or microprocessor and all input sensors including the exhaust gas oxygen sensor. Note: Authority cited: Sections 39515, 39600 and 39601, Health and Safety Code; and Sections 27157 and 27157.5, Vehicle Code. Reference: Sections 39003, 39500, 43000, 43004, 43006, 43009 and 43013, Health and Safety Code; and Sections 5115, 5117, 27157 and 27157.5, Vehicle Code. s 2180. Applicability. This chapter applies to all diesel-powered and gasoline-powered heavy-duty vehicles, including pre-1974 model-year vehicles, operating in the State of California. Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code. s 2180.1. Definitions. (a) The definitions of this section supplement and are governed by the definitions set forth in Chapter 2 (commencing with section 39010), Part 1, Division 26 of the Health and Safety Code. The following definitions shall govern the provisions of this chapter. (1) "ARB post-repair inspection" means a repeat emission control system inspection, conducted by the Air Resources Board at an Air Resources Board-specified site, for the purpose of clearing a citation issued under section 2185(a)(2)(C). (2) "ARB post-repair test" means a repeat test, conducted by the Air Resources Board at an Air Resources Board-specified site, for the purpose of clearing a citation issued under section 2185(a)(2)(C). (3) "Basic penalty" means the civil penalty of ($500) for a test procedure or emission control system inspection violation that is to be deposited in the Vehicle Inspection and Repair Fund. (4) "Citation" means a legal notice issued by the Air Resources Board to the owner of a heavy-duty vehicle requiring the owner to repair the vehicle and to pay a civil penalty. (5) "Defective" means a condition in which an emission control system or an emission control system component is malfunctioning due to age, wear, malmaintenance, or design defects. (6) "Demonstration of correction" means the documents identified in section 2186. (7) "Driver" has the same meaning as defined in California Vehicle Code section 305. (8) "Emission control label" means the label required by the "California Motor Vehicle Emission Control Label Specifications", incorporated by reference in 13 CCR, section 1965, or Title 40, Code of Federal Regulations (40 CFR), section 86.085-35 or 40 CFR Part 86, Subpart A. (9) "Emission control system" means the pollution control components on an engine at the time its engine family is certified, including, but not limited to, the emission control label. (10) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her designee. (11) "Fleet" means two (2) or more heavy-duty vehicles. (12) "Heavy-duty vehicle" means a motor vehicle having a manufacturer's maximum gross vehicle weight rating (GVWR) greater than 6,000 pounds, except passenger cars. (13) "Inspection procedure" means the test procedure specified in section 2182 and the emission control system inspection specified in section 2183. (14) "Inspection site" means an area including a random roadside location, a weigh station, or a fleet facility used for conducting the heavy-duty vehicle test procedure, emission control system inspection, or both. (15) "Inspector" means an Air Resources Board employee with the duty of enforcing Health and Safety Code sections 43701(a) and 44011.6 and Title 13, CCR sections 2180 through 2194. (16) "Issuance" means the act of mailing or personally delivering a citation to the owner. (17) "Minimum penalty" means the ($300) penalty that is to be deposited in the Diesel Emission Reduction Fund pursuant to Health and Safety Code section 44011.6(l). (18) "Notice of Violation" means a legal notice issued to the owner of a heavy-duty vehicle powered by a pre-1991 model-year diesel engine with a measured smoke opacity exceeding 55 percent but not exceeding 69 percent, requiring the owner to repair the vehicle and submit a demonstration of correction. (19) "Officer" means a uniformed member of the Department of the California Highway Patrol. (20) "Opacity" means the percentage of light obstructed from passage through an exhaust smoke plume. (21) "Owner" means either (A) the person registered as the owner of a vehicle by the California Department of Motor Vehicles (DMV), or its equivalent in another state, province, or country; or (B) a person shown by the registered owner to be legally responsible for the vehicle's maintenance. The person identified as the owner on the registration document carried on the vehicle at the time a citation is issued shall be deemed the owner unless that person demonstrates that another person is the owner of the vehicle. (22) "Removal from service" means the towing and storage of a vehicle under the auspices of the Department of the California Highway Patrol. (23) "Repair facility" means any place where heavy-duty vehicles are repaired, rebuilt, reconditioned, or in any way maintained for the public at a charge, and fleet maintenance facilities. (24) "SAE J1667" means Society of Automotive Engineers (SAE) Recommended Practice SAE J1667 "Snap-Acceleration Smoke Test Procedure for Heavy-Duty Diesel Powered Vehicles," as issued February 1996 ( "1996-02"), which is incorporated herein by reference. (25) "Scan tool evaluation" means using an electronic device to determine if a Low NOx Rebuild Kit, as defined in section 2011(b)(4), is installed. (26) "Schoolbus" means the same as defined in California Vehicle Code section 545. (27) "Smokemeter" means a detection device used to measure the opacity of smoke in percent opacity. (28) "Tampered" means missing, modified, or disconnected. (29) "Uncleared citation" means a citation for which demonstration of correction and, if required, payment of any civil penalty, has not been made. Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Section 505, Vehicle Code. s 2181. Responsibilities of the Driver and Inspector During the Inspection Procedure. (a) Driver of heavy-duty diesel-powered vehicle. The driver of a heavy-duty diesel-powered vehicle selected to undergo the inspection procedure shall do all of the following: (1) Drive the vehicle to the inspection site upon direction of an officer. (2) Show proof of driver's license and vehicle registration to the inspector or officer upon request. (3) Perform the test procedure upon request by an inspector. (4) Open the vehicle door so that the inspector can observe the driver depress the accelerator pedal. (5) Permit an emission control system inspection and open the hood of the vehicle upon the request of the inspector. (6) Permit a scan tool evaluation upon request of the inspector. (7) Sign the citation or notice of violation to acknowledge its receipt and the smoke test report to acknowledge performance of the test procedure. (b) Driver of heavy-duty gasoline-powered vehicle. The driver of a heavy-duty gasoline-powered vehicle selected to undergo the inspection shall: (1) Drive the vehicle to the inspection site upon direction of an officer. (2) Show proof of driver's license and vehicle registration to the inspector or officer upon request. (3) Permit an emission control system inspection and open the hood of the vehicle upon request of the inspector. (4) Sign the citation to acknowledge its receipt. (c) Inspector. The inspector in performing the inspection procedure shall do all of the following: (1) Advise the driver that refusal to submit to the inspection procedure is a violation of these regulations. (2) Obtain engine identification information from the vehicle when tested pursuant to section 2182 to determine which opacity standard specified in section 2182 applies. (3) Except as otherwise provided in section 2181(c)(4), issue a copy of the citation to the driver of a vehicle that fails the test procedure or the emission control system inspection. (4) Issue a copy of the notice of violation to the driver of a vehicle powered by a pre-1991 model-year diesel engine with a measured smoke opacity exceeding 55 percent but not exceeding 69 percent, except where a notice of violation or citation has been issued for the vehicle in the preceding 12 months. (5) Issue a warning to the owner of a heavy-duty diesel-powered vehicle missing its emission control label that the label must be replaced and the engine number identification must be provided to the ARB within 30 days of written notification by the ARB, or it will be conclusively presumed in any subsequent smoke opacity test where the emission control label remains missing that the vehicle is subject to the 40 percent smoke opacity standard in section 2182(a)(1), unless at the time of the subsequent test it is plainly evident from a visual inspection that the vehicle is powered by a pre-1991 model-year engine. (6) Issue a copy of the citation to the driver of a 1993-1998 heavy-duty diesel-powered vehicle with a Low NOx Rebuild Engine upon determining by scan tool evaluation a violation of section 2011(c)(1), title 13, California Code of Regulations. Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Section 305, Vehicle Code. s 2182. Heavy-Duty Diesel Vehicle Smoke Opacity Standards and Test Procedures; Excessive Smoke. (a) Standards (1) No heavy-duty vehicle powered by a 1991 or subsequent model-year diesel engine operating on the highways within the State of California shall exceed 40 percent smoke opacity when tested in accordance with this section unless its engine is exempted under subsection (c) or (d) below. (2) No heavy-duty vehicle powered by a pre-1991 model-year diesel engine, operating on the highways within the State of California, shall exceed 55 percent smoke opacity when tested in accordance with this section unless its engine is exempted under subsection (c) or (d) below. (b) Exemptions (1) The Executive Officer shall exempt from subsections (a)(1) and (2) any engine family that is shown by the engine manufacturer to the satisfaction of the Executive Officer to exhibit smoke opacity greater than 40 percent or 55 percent respectively when in good operating condition and adjusted to the manufacturer's specifications. Such engine family(s) must comply with any technologically appropriate less stringent opacity standard identified by the Executive Officer based on a review of the data obtained from engines in good operating condition and adjusted to manufacturer's specifications. (2) The Executive Officer shall exempt from subsections (a)(1) and (2) any 1991 and earlier model-year heavy-duty diesel engines that are equipped with carryover add-on aftermarket turbocharger kits approved by the ARB, and are shown by the kit or engine manufacturer to the satisfaction of the Executive Officer to exhibit smoke opacity greater than 40 percent or 55 percent respectively when in good operating condition and adjusted to manufacturer's specifications. Such engines must comply with any technologically appropriate less stringent opacity standard identified by the Executive Officer based on a review of the data obtained from engines in good operating condition and adjusted to manufacturer's specifications. (3) Exemptions previously issued and in effect on January 1, 1996 shall remain in effect under the amendments to this section adopted on March 2, 1998 and effective on May 4, 1998. (4) A manufacturer seeking an exemption under subsection (b) shall provide the ARB with the engine emissions data needed to exempt the engine family and determine technologically appropriate less stringent opacity standards. (c) Effect of missing emission control label on applicable standard. When the owner of a heavy-duty diesel-powered vehicle receives written notification from the ARB that the emission control label was missing during an inspection, the owner must replace the emission control label and provide the engine number identification to the ARB within 30 days of receipt of the notification. If the owner fails to comply with this requirement, it will be conclusively presumed in any subsequent smoke opacity test where the emission control label remains missing that the vehicle is subject to the 40 percent smoke opacity standard in section 2182(a)(1), unless at the time of the subsequent test it is plainly evident from a visual inspection that the vehicle is powered by a pre-1991 model-year engine. (d) Excessive Smoke. A heavy-duty vehicle has excessive smoke if it fails to comply with the smoke opacity standard applicable under this section 2182. (e) Test Procedures. For purposes of this chapter 3.5, smoke opacity shall be determined in accordance with SAE J1667. Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code. s 2183. Inspection of the Emission Control System on a Heavy-Duty Vehicle. (a) Heavy-duty diesel-powered vehicles. The heavy-duty diesel-powered vehicle emission control components subject to inspection for tampered or defective conditions include, but are not limited to, the following: (1) The engine governor. (2) Any seals and/or covers protecting the air-fuel ratio adjustments. (3) Any fuel injection pump seals and covers. (4) The air cleaner and flow restriction indicator. (5) The exhaust gas recirculation valve. (6) The particulate matter trap system or catalytic converter system, including pipes and valves. (7) Related hoses, connectors, brackets, and hardware for these components. (8) Engine computer controls, related sensors, and actuators. (9) Emission control label. (10) Any other emissions-related components for a particular vehicle/engine as determined from the manufacturer's specifications, emission control label, certification data, or published vehicle parts manuals. (b) Heavy-duty gasoline-powered vehicles. The heavy-duty gasoline-powered vehicle emission control components subject to inspection for tampered or defective conditions, include, but are not limited to, the following: (1) The air injection system. (2) The positive crankcase ventilation system. (3) The exhaust gas recirculation system. (4) The catalytic converter, including pipes and valves. (5) The evaporative emission control system. (6) Related hoses, connectors, brackets, and hardware for these components. (7) Engine computer controls, related sensors, and actuators. (8) On-Board Diagnostic (OBD) systems for 1994 and subsequent model year vehicles, if so equipped. (9) Emission control label. (10) Any other emissions-related component for a particular vehicle/engine as determined from the manufacturer's specifications, emission control label, certification data, or published vehicle parts manuals. Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code. s 2184. Refusal to Submit to Inspection Procedure. The refusal by an owner or driver of a vehicle to submit to the scan tool evaluation defined in section 2180.1, the test procedure in section 2182, or to the emission control system inspection in section 2183 constitutes a failure of the evaluation, test procedure, or inspection, respectively, unless the driver is cited by the California Highway Patrol for a violation of California Vehicle Code section 2813. Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Sections 305, 505 and 2813, Vehicle Code. s 2185. Civil Penalty Schedule. (a) The owner of a heavy-duty vehicle that fails the scan tool evaluation, the test procedure, or the emission controls system inspection, including by refusal to submit, is subject to the following penalty schedule: (1) Scan Tool Evaluation Violation Penalties (A) The owner of a vehicle that is cited for a violation of section 2011(c)(1), and for which demonstration of correction is provided and payment is made within 45 days from personal or certified mail receipt of the citation, shall pay a civil penalty of $300. Schoolbuses registered in California are exempt from the $300 civil penalty for the first violation only. (B) The owner of a vehicle who violates section 2011(c)(6) shall pay a civil penalty of $500 in addition to the civil penalty for the violation of section 2011(c)(1). (C) The owner of a vehicle cited for a violation of section 2184 for refusing to submit to a scan tool evaluation shall be subject to a civil penalty of $500. (2) Heavy-Duty Vehicle Tampering and Opacity Violation Penalties (A) The owner of a vehicle, other than a schoolbus, that is cited for the first time pursuant to section 2182 or 2183 and for which demonstration of correction is provided and payment is made within 45 days from personal or certified mail receipt of the citation, shall pay the minimum penalty of $300. (B) The owner of a vehicle that is cited for the first time pursuant to section 2184 for a refusal not pertaining to a scan tool evaluation, or that is cited for the first time pursuant to sections 2182 or 2183 and for which demonstration of correction is not provided within 45 days from personal mail or certified mail receipt of the citation shall provide demonstration of correction and pay the minimum penalty of $300 and the basic penalty of $500 for a total of $800. Schoolbuses are exempt from the $300 minimum penalty for the first violation only. (C) The owner of a vehicle that is cited pursuant to section 2182 or 2183 within 12 months from the issuance of the most recent citation for that vehicle shall within 45 days from personal or certified mail receipt of the current citation provide demonstration of correction and pay the penalty of $1,500 and the minimum penalty of $300 for a total of $1,800. (b)(1) No citation shall be issued to the owner of a heavy-duty vehicle powered by a pre-1991 model-year diesel engine on the basis of a measured smoke opacity exceeding 55 percent but not exceeding 69 percent, unless: (A) the owner fails to provide a demonstration of correction within 45 days from personal or certified mail receipt of the notice of violation, or (B) a notice of violation or citation has been issued for the vehicle in the preceding 12 months. (2) The owner of a vehicle that is the subject of a notice of violation and for which demonstration of correction is provided within 45 days from personal or certified mail receipt of the notice of violation shall not be subject to a penalty for the violation. (3) The owner of a vehicle that is initially subject to a notice of violation, but is cited after a demonstration of correction is not provided within 45 days from personal or certified mail receipt of a notice of violation, shall be subject to the penalty in section 2185(a)(2)(B). (4)(A) Where a heavy-duty vehicle with a pre-1991 engine inspected in accordance with section 2181 has a measured opacity exceeding 55 percent but not exceeding 69 percent within 12 months of issuance of a notice of violation for which a demonstration of correction was timely provided within the applicable 45-day period, a citation shall be issued and the owner shall be subject to the penalty in section 2185(a)(2)(B). (B) Where a heavy-duty vehicle with a pre-1991 engine inspected in accordance with section 2181 has a measured opacity exceeding 55 percent but not exceeding 69 percent within 12 months of issuance of a notice of violation for which a demonstration of correction was not timely provided within the applicable 45- day period, a citation shall be issued and the owner shall be subject to the penalty in section 2185(a)(2)(C). (c) If a vehicle fails the test procedure or an emission control system inspection one year or more after the date of its most recent failure, the owner of that vehicle shall be subject to the penalty schedule in section 2185(a)(2)(A) and (a)(2)(B). (d) When a vehicle is cited after a bona fide change of ownership between non-related persons or entities, the new owner shall be subject to the penalty schedule in section 2185(a)(2)(A) and (B) if the only citations issued for the vehicle within the previous 12 months were issued prior to the change of ownership to the new owner. (e) An owner who has been cited twice or more for tampered emission controls on the same vehicle shall be subject to the penalty in section (a)(2)(C), notwithstanding section 2185(c). Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code. Sections 305, 505 and 545, Vehicle Code. s 2186. Demonstration of Correction and Post-Repair Test or Inspection. (a) Demonstration of Correction. The owner must demonstrate correction of the vehicle by submitting to the Air Resources Board documents demonstrating compliance with (1) or (2): (1) Where repairs are made at a repair facility, a repair receipt or a completed work order which contains the following information: (A) Name, address, and phone number of the facility; (B) Name of mechanic; (C) Date of the repair; (D) Description of component replacement(s), repair(s), and/or adjustment(s); and (E) Itemized list of replaced component(s), including description of part, part number, and cost; (2) Where the owner makes his or her own repairs outside of a repair facility, (A) An itemized receipt for the parts used in the repair, and (B) A statement identifying that date and nature of the repairs made; (b) Statement of Correction. The owner must also submit to the Air Resources Board documents demonstrating compliance with (1) or (2) or (3): (1) Where the citation or notice of violation was based on a failure to meet the opacity standard applicable under section 2182, a smoke test report from a subsequent test showing that the repaired vehicle passed the applicable section 2182 standard along with a statement to that effect made under penalty of perjury by the person who conducted the subsequent test; (2) Where the citation was based on a failure to pass an emission control system inspection as specified in section 2183, a statement by a person, under penalty of perjury, that the person has reinspected any components identified in the citation as defective or tampered and has determined that these components are in good working order; or (3) Where the citation was based on a violation of the Low NOx Rebuild Kit installation requirement as specified in section 2011(c), a statement by a person, under penalty of perjury, that the person has conducted a scan tool evaluation and has determined that the Low NOx Rebuild Kit has been installed. (c) The Air Resources Board shall require an ARB post-repair test or an ARB post-repair inspection whenever: (1) a submitted repair receipt or work order does not comply with (a) above; (2) a repair receipt or work order appears to be falsified; or (3) A second and subsequent failures of the test procedure or an emission control system inspection on the vehicle occur within a one year period. Note: Authority cited: Sections 39600, 39601, 43013, 43701 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018, 43701 and 44011.6, Health and Safety Code. Section 505, Vehicle Code. s 2187. Vehicles Removed from Service. (a) Vehicles are subject to removal from service by the Department of the California Highway Patrol if requested by the Air Resources Board inspector, and if one or more uncleared citations exist at the time of inspection. (b) Upon payment by cashier's check or money order of all unpaid penalties for a vehicle that has been removed from service, the Air Resources Board shall provide the owner, or designee, a release form for presentation to the Department of the California Highway Patrol. (c) The release of the vehicle shall be subject to the condition that it be repaired and post-repair tested or inspected within 15 days. Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code. Section 505, Vehicle Code. s 2188. Contesting a Citation. The owner of a vehicle cited under these regulations may request a hearing pursuant to section 60075.1 et seq., Title 17, California Code of Regulations. Note: Authority cited: Sections 39600, 39601, 43013 and 44011.6, Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43013, 43018 and 44011.6, Health and Safety Code. s 2190. Vehicles Subject to the Periodic Smoke Inspection Requirements. These regulations shall be applicable, operative July 1, 1998, as follows: (a) Except as provided in subsections (b), (c), (d), (e) and (f), the requirements of this chapter apply to all heavy-duty diesel-powered vehicles with gross vehicle weight ratings greater than 6,000 pounds which operate on the streets or highways within the State of California. (b) Heavy-duty diesel-powered vehicles which are not part of a fleet or are employed exclusively for personal use are excluded from the requirements of this chapter. (c) Heavy-duty diesel-powered vehicles which are registered under the International Registration Plan as authorized by Article 4 (commencing with section 8050), Chapter 4, Division 3 of the Vehicle Code and which have established a base state other than California (non-California based vehicles) are excluded from the requirements of this chapter. (d) Heavy-duty diesel-powered vehicles which operate in California under the terms of Interstate Reciprocity Agreements as authorized by Article 3 (commencing with section 8000), Chapter 4, Division 3 of the Vehicle Code and which belong to fleets that are not based in California are excluded from the requirements of this chapter. (e) Heavy-duty diesel-powered vehicles operating in California under the terms of any other apportioned registration, reciprocity, or bilateral prorate registration agreement between California and other jurisdictions and which belong to fleets that are not based in California are excluded from the requirements of this chapter. (f) Heavy-duty diesel-powered vehicles operating in California under short-term vehicle registrations or permits of 90 days or less (including but not limited to 90-day temporary registrations and 4-day permits under Vehicle Code section 4004) are excluded from the requirements of this chapter. Note: Authority cited: Sections 39600, 39601 and 43701(a), Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43018, 43701(a), and 44011.6, Health and Safety Code. s 2191. Definitions. (a) The definitions of this section supplement and are governed by the definitions set forth in Chapter 2 (commencing with Section 39010), Part 1, Division 26 of the Health and Safety Code. The provisions of this chapter shall also be governed by the definitions set forth in section 2180.1, Title 13, California Code of Regulations including the following modifications: (1) "Fleet" means any group of 2 or more heavy-duty diesel-powered vehicles which are owned or operated by the same agency or entity. (2) "Test opacity" means the opacity of smoke from a vehicle when measured in accordance section 2193(e). Note: Authority cited: Section 39600, 39601 and 43701(a), Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39033, 43000, 43018, 43701(a) and 44011.6, Health and Safety Code. s 2192. Vehicle Inspection Responsibilities. (a) The owner of a heavy-duty diesel-powered vehicle subject to the requirements of this chapter shall do all of the following: (1) Test the vehicle for excessive smoke emissions periodically according to the inspection intervals specified in section 2193(a), (b), and (c). (2) Measure the smoke emissions for each test using the test procedure specified in section 2193(e). (3) Record the smoke test opacity levels and other required test information as specified in section 2194. (4) Have the vehicle repaired if it exceeds the applicable smoke opacity standard specified in section 2193(e). (5) Record the vehicle repair information as specified in section 2194. (6) Conduct a post-repair smoke test to determine if the vehicle complies with the applicable smoke opacity standard. (7) Record the post-repair smoke test results as specified in section 2194. (8) If the vehicle does not comply with the applicable smoke opacity standard after the test required by section 2192(a)(7), make additional repairs to achieve compliance, and record the smoke test results as specified in section 2194. (9) Ensure that Low NOx Rebuild Kits are installed in 1993 - 1998 heavy-duty diesel-powered vehicles with Low NOx Rebuild Engines as required by section 2011. (10) Keep the records specified in section 2194 for two years after the date of inspection. (11) Permit an Air Resources Board inspector to review the inspection records specified in section 2194 at owner/operator designated fleet locations by appointment. Note: Authority cited: Sections 39600, 39601 and 43701(a), Health and Safety Code. Reference: Sections 39002, 39003, 39033, 43000, 43016, 43018, 43701(a) and 44011.6, Health and Safety Code. s 2193. Smoke Opacity Inspection Intervals, Standards, and Test Procedures. (a) Initial phase-in. Vehicles which are subject to the requirements of this chapter on the operative date of these regulations shall be tested for smoke opacity (and repaired if the applicable smoke opacity standard is exceeded) in accordance with the requirements of section 2192 pursuant to the applicable following schedule: (1) Fleets of five or more vehicles subject to this chapter: (A) At least 25 percent of the fleet's vehicles within 180 calendar days of the effective date of these regulations; (B) At least 50 percent of the fleet's vehicles within 270 calendar days of the effective date of these regulations; (C) At least 75 percent of the fleet's vehicles within 365 calendar days of the effective date of these regulations; and (D) The fleet's remaining vehicles no later than 455 calendar days after the effective date of these regulations. (2) For fleets of 2 to 4 vehicles, at least one vehicle must be tested in the initial 180 day period, and in each subsequent 90 calendar day period, until all vehicles in the fleet have been tested. (b) New fleets. Fleets which first become subject to the requirements of this chapter subsequent to the effective date of these regulations must be tested in accordance with section 2192 within the applicable time intervals reflected in subsection (a) above, beginning on the date the fleet becomes subject to these regulations. (c) Annual testing. Once a vehicle subject to the requirements of this chapter has been tested in accordance with subsection (a) or (b), or has been acquired by a fleet owner after the effective date of these regulations, the vehicle must periodically be tested for smoke opacity (and repaired if the applicable smoke opacity standard is exceeded) in accordance with the requirements of section 2192 within 12 months of the previous test conducted under this section 2193. (d) Exemption for vehicles powered by 1994 or subsequent model-year engines. Any heavy-duty vehicle powered by a 1994 or subsequent model-year engine is exempt from the testing requirements of this section until January 1 of the calendar year that is four years after the model year of the engine, and is to be treated as having been acquired by the owner on that January 1. For example, 1995 model-year engine will be exempt until January 1, 1999. (e) Smoke opacity standards and test procedures. (1) Except as otherwise provided in subsection (e)(2) below, the smoke opacity standards and test procedures are those specified in section 2182, Titled 13, California Code of Regulations. (2) Prior to July 1, 1999, if a repair facility is not equipped with an operable SAE J1667 smokemeter, vehicles may be tested at the repair facility in accordance with the smoke opacity test procedures and opacity standards set forth in section (e)(3). These are the test procedures and opacity standards originally established for the heavy-duty diesel vehicle roadside inspection program in 1991. (3) Optional smoke opacity test procedures and standards prior to July 1, 1999. (A) Standards. 1. The maximum smoke opacity standard for a 1991 or subsequent model-year heavy-duty diesel-powered vehicle with a Federal peak smoke engine certification level of 35 percent peak opacity or less is 40 percent when tested in accordance with section 2193(e)(3)(B) and (C). 2. The maximum smoke opacity standard for any other heavy-duty diesel-powered vehicle is 55 percent when tested in accordance with section 2193(e)(3)(B) and (C). 3. The above standards do not apply to an engine exempted under section 2182(b). (B) Equipment. The smoke opacity measurement equipment shall consist of a light extinction type smokemeter which includes an optical detection unit, a control/indicator unit, and a strip chart recorder. 1. The smokemeter shall comply with the specifications provided in the Society of Automotive Engineers (SAE) procedure J1243, "Diesel Emission Production Audit Test Procedure," May 1988, which is incorporated herein by reference, section 7.4 and shall be calibrated according to specifications in SAE procedure J1243, section 8.2. 2. The strip chart recorder shall comply with specifications in SAE procedure J1243, section 7.5, subsections 1-4 (May 1988). (C) Procedure. The test procedure shall consist of preparation, preconditioning, and test phases: 1. In the preparation phase, the vehicle shall be placed at rest, the transmission shall be placed in neutral, and the vehicle wheels shall be properly restrained to prevent any rolling motion. 2. In the preconditioning phase, the vehicle shall be put through a snap-idle cycle two or more times until two successive measured smoke levels are within ten (10) opacity percent of each other. The smokemeter shall be rechecked prior to the preconditioning sequence to determine that its zero and span setting are adjusted according to specifications in SAE procedure J1243, section 8.1 (May 1988). 3. In the test procedure phase, the vehicle shall be put through the snap-idle cycle three times. 4. The opacity shall be measured during the preconditioning and test phases with a smokemeter and shall be recorded continuously on the chart recorder during each snap-idle cycle. The maximum instantaneous value recorded by the chart recorder shall be the opacity reading. 5. The test opacity to determine the compliance with (A)1. and (A)2. above shall be the average of the two meter readings with the least difference in opacity values. If all three readings have successive equivalent differences between them, the test opacity shall be the average of the three readings. Note: Authority cited: Sections 39600, 39601, 43013, 43701(a), Health and Safety Code. Reference: Sections 39002, 39003, 39033, 43000, 43013, 43018, 43701(a) and 44011.6, Health and Safety Code. s 2194. Record Keeping Requirements. (a) The owner of a vehicle subject to the requirements of this chapter shall record the following information when performing the smoke opacity testing: (1) The brand name and model of the opacity meter. (2) The dates of last calibration of the opacity meter and chart recorder. (3) The name of the smoke meter operator who conducted the test. (4) The name and address of the contracted smoke test facility or vehicle repair facility that conducted the test (if applicable). (5) The applicable smoke opacity standard for the tested vehicle. (6) Vehicle identification number, vehicle's engine year, engine make, and engine model, and test date. Fleet designated vehicle identification numbers are also acceptable. (7) The initial smoke test opacity levels (for three successive test readings). (8) An indication of whether the vehicle passed or failed the initial smoke test. (9) The post-repair test date. (10) The post-repair smoke test opacity levels (for three successive test readings). (11) An indication of whether the vehicle passed or failed the post-repair smoke test. (12) For vehicles that have failed the smoke test and have been repaired, the vehicle repair information specified in section 2186(a), Title 13, California Code of Regulations. (b) The owner of a vehicle subject to the requirements of this chapter shall record or retain the following information to demonstrate installation of Low NOx Rebuild Kits: (1) A repair receipt or completed work order which contains the following information: (A) Name, address, and phone number of the facility performing the installation; (B) Name of the person performing the installation; (C) Date of the installation; (D) Description of Low NOx Rebuild Engine, including engine model and engine family number, and Low NOx Rebuild Kit installed. Note: Authority cited: Sections 39600, 39601 and 43701, Health and Safety Code. Reference: Sections 39002, 39003, 39033, 43000, 43018, 43701 and 44011.6, Health and Safety Code. s 2200. Applicability. This article shall apply to all motor vehicle fuel additives and to all prototype motor vehicle pollution control devices proposed for sale in California. Note: Authority cited: Sections 39600, 39601, 43014 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39040, 39500, 43000 and 43204, Health and Safety Code; and Section 27156, Vehicle Code. s 2201. General Policy. Note: Authority cited: Sections 39600, 39601, 43011, 43014 and 43833, Health and Safety Code. Reference: Sections 39002, 39003 and 43000, Health and Safety Code; and Section 27156, Vehicle Code. s 2202. Performance Requirements. Note: Authority cited: Sections 39600, 3601, 43011 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43013, Health and Safety Code; and Section 27156, Vehicle Code. s 2203. Submission Requirements. Proposals submitted for evaluation must be accompanied by an executed copy of the state board's hold harmless agreement, which is available upon request from any state board office. Persons submitting a control device or fuel additive for evaluation shall set forth, in writing, a description of the device or additive and its application to the control of motor vehicle emissions in sufficient detail, including drawings and schematic diagrams, so that its operation and principles can be understood by reviewers. Performance claims shall be supported by test data. The test procedure and instrumentation used to obtain the data shall be described. Note: Authority cited: Sections 39600, 39601, 43014 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39500 and 43000, Health and Safety Code; and Section 27156, Vehicle Code. s 2204. Initial Evaluation. The information submitted shall be reviewed by the state board's staff in an initial evaluation to decide if the device or additive has the potential for reducing vehicular emissions or the method is sufficiently unique in its application to warrant laboratory tests by the state board. The results of the initial evaluation will be reported in writing and/or by personal conference with the person submitting the information. Note: Authority cited: Sections 39600, 39601 and 43014, Health and Safety Code. Reference: Sections 39002, 39003, 39500 and 43000, Health and Safety Code; and Section 27156, Vehicle Code. s 2205. Laboratory Tests. (a) Device. When the initial evaluation indicates that the control approach warrants a laboratory test, the submitter must provide a working system which is to be subjected to the appropriate laboratory test. The basis for the evaluation of the results of the laboratory tests will be a comparison of the test data with applicable reference standards. Each component of a multi-component system may be examined and tested to determine its relative contribution in the overall reduction in emissions by the system. Upon completion of the above tests, the submitter will be notified in writing of the test results. If the results show the device does not have the potential to meet applicable emission standards, the evaluation procedure will be terminated. If the test shows promising results, a secondary stage evaluation may be undertaken. This may include, but not be limited to, replicating the tests previously performed and the testing of emissions from several vehicles with the device. If the tests from the second stage of evaluation show promising results, a final stage of testing may be undertaken. This may involve the use of fleet vehicles. (b) Fuel Additive. In accordance with the general policy stated in Section 2200, an application for testing of a motor vehicle fuel additive may be made to the state board by an additive manufacturer. The "Test Procedures for Gasoline and Diesel Vehicle Fuel Additives," adopted by the state board on July 10, 1974, shall be followed in the testing of fuel additives. The state board may charge an application fee, not to exceed the cost of the tests, for any testing conducted pursuant to this section. Note: Authority cited: Sections 39600, 39601, 43014 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code; and Section 27156, Vehicle Code. s 2206. Fee Schedule. (a) General Provisions. (1) Purpose: The following fee schedule is adopted pursuant to Section 43833 of the California Health and Safety Code and the "Test Procedures for Gasoline and Diesel Vehicle Fuel Additives," adopted by the state board on July 10, 1974. The fees are designed to cover the cost of the tests actually conducted under the test program on additives for which the manufacturer has requested testing. Individual test programs will be as agreed upon by the applicant and the state board. (2) Applicability: These provisions are applicable to tests conducted under the state board's "Test Procedures for Gasoline and Diesel Vehicle Fuel Additives," dated July 10, 1974. (b) Collection of Fees. All fee remittances are to be made payable to State of California, Air Resources Board, 9528 Telstar Avenue, El Monte, CA 91731. (c) Fee Schedule. The state board's fuel additive test procedure specifies different phases of testing. Depending on the extent of the test activity, each applicant will be charged according to the following fee schedule: (1) Gasoline Fuel Additive. (A) Chemical Analysis. 1. Initial evaluation -$400.00. 2. Required chemical analysis and toxicological evaluation at cost (subdivision (e)). (B) Preliminary Test. 1. Engine test (consisting of 32 data points under steady state engine operating conditions) -$650.00. 2. Vehicle test (two cold start CVS-1975 comparative tests) -$1,500.00. The manufacturer will be charged at cost for vehicle rental fee incurred by the state board to obtain the required vehicle for testing. (C) Fleet Test. At Cost (subdivision (e)). (2) Diesel Fuel Additive. (A) Chemical Analysis. 1. Initial evaluation -$400.00. 2. Required chemical analysis and toxicological evaluation at cost (subdivision (e)). (B) Engine Tests. 1. Engine Test (two comparative tests, each consisting of a 13-mode emission test and an exhaust smoke test) -$1,200.00. 2. Vehicle Test. per 13-mode emission test -$500.00 per exhaust smoke test -$250.00 per two cold-start CVS-1975 comparative tests -$1,500.00 The manufacturer will be charged at cost for vehicle rental fee incurred by the state board to obtain the required vehicle for testing. (d) Payment of Fees. Each applicant requesting evaluation of an additive shall remit with the application the fee specified in Subsection (c)(1)(A)1. or (c)(2)(A)1. above for the initial evaluation. At the conclusion of this evaluation, the applicant will, where appropriate, be notified of suggested additional testing, if any, to be conducted by the state board staff on the applicant's product. The applicable fee shall be paid to the state board prior to the commencement of any further testing. Failure to pay the fee will result in termination of the test evaluation by the state board. (e) Contract Provisions. The state board may engage independent laboratories to conduct evaluation tests in accordance with the test procedures specified by the state board. The actual cost for such tests will be charged to the applicant. Note: Authority cited: Sections 39600, 39601 and 43833, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code; and Section 27156, Vehicle Code. s 2207. Observation of Laboratory Tests. The submitter may observe laboratory tests of his/her device or additive. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code; and Section 27156, Vehicle Code. s 2220. Applicability. This article shall apply to all aftermarket parts which are sold, offered for sale, or advertised for sale for use on motor vehicles which are subject to California or federal emissions standards. To the extent applicable, the results of any tests conducted pursuant to Article 1 may be used in total or partial fulfillment of the requirements of this article. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; and Sections 27156, 38390 and 38391, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code. s 2221. Replacement Parts. (a) Any replacement part subject to the provisions of this article shall be presumed to be in compliance with this article unless the executive officer makes a finding to the contrary pursuant to Section 2224(a). (b) The manufacturer of any replacement part subject to the provisions of this article shall maintain sufficient records, such as performance specifications, test data, or other information, to substantiate that such a replacement part is in compliance with this article. Such records shall be open for reasonable inspection by the executive officer or his/her representative. All such records shall be maintained for four years from the year of manufacture of the replacement part. Note: Authority cited: Sections 39000, 39002, 39003, 39500, 39600, 39601 and 43150, Health and Safety Code. Reference: Sections 27156, 38391 and 38395, Vehicle Code; and Sections 43000 and 43644, Health and Safety Code. s 2222. Add-on Parts and Modified Parts. (a) As used in this section, the terms "advertise" and "advertisement" include, but are not limited to, any notice, announcement, information, publication, catalog, listing for sale, or other statement concerning a product or service communicated to the public for the purpose of furthering the sale of the product or service. (b)(1) Except for publishers as provided in subsection 3, no person or company doing business solely in California or advertising only in California shall advertise any device, apparatus, or mechanism which alters or modifies the original design or performance of any required motor vehicle pollution control device or system unless such part, apparatus, or mechanism has been exempted from Vehicle Code section 27156, and the limitations of the exemption, if any, are contained within the advertisement in type size to give reasonable notice of such limitations. (2) Except for publishers as provided in subsection 3, no person or company doing business in interstate commerce shall advertise in California any device, apparatus, or mechanism which alters or modifies the original design or performance of any required motor vehicle pollution control device or system and not exempted from Vehicle Code section 27156 unless each advertisement contains a legally adequate disclaimer in type size adequate to give reasonable notice of any limitation on the sale or use of the device, apparatus, or mechanism. (3) No publisher, after receipt of notice from the state board or after otherwise being placed on notice that the advertised part is subject to and has not been exempted from the provisions of Vehicle Code section 27156, shall make or disseminate or cause to be made or disseminated before the public in this state any advertisement for add-on or modified parts subject to the provisions of this article, which have not been exempted from Vehicle Code section 27156, unless such advertisement clearly and accurately states the legal conditions, if any, on sale and use of the parts in California. (4) The staff of the state board shall provide, upon request, model language which satisfies these requirements. (c) No person shall advertise, offer for sale, or install a part as a motor vehicle pollution control device or as an approved or certified device, when in fact such part is not a motor vehicle pollution control device or is not approved or certified by the state board. (d) No person shall advertise, offer for sale, sell, or install an add-on or modified part as a replacement part. (e) The executive officer may exempt add-on and modified parts based on an evaluation conducted in accordance with the "Procedures for Exemption of Add-on and Modified Parts," adopted by the state board on November 4, 1977, as amended June 1, 1990. (f) Each person engaged in the business of retail sale or installation of an add-on or modified part which has not been exempted from Vehicle Code section 27156 shall maintain records of such activity which indicate date of sale, purchaser name and address, vehicle model and work performed if applicable. Such records shall be open for reasonable inspection by the executive officer or his/her representative. All such records shall be maintained for four years from the date of sale or installation. (g) A violation of any of the prohibitions set forth in this section shall be grounds for the executive officer to invoke the provisions of section 2225. (h)(1) The Executive Officer shall exempt new aftermarket non-original equipment catalytic converters from the prohibitions of California Vehicle Code sections 27156 and 38391 based on an evaluation conducted in accordance with the "California Evaluation Procedures for New Aftermarket Non-Original Equipment Catalytic Converters" as adopted by the state board on August 19, 1988. (2) No person shall install, sell, offer for sale or advertise, any new non-original equipment aftermarket catalytic converter in California after 180 days from the date of filing of this subsection with the Secretary of State unless they have been exempted pursuant to the procedures as provided in this subsection. (3) For the purposes of this regulation, a new aftermarket non-original equipment catalytic converter is a catalytic converter which is constructed of all new materials and is not a replacement part as defined in Title 13, California Code of Regulations, section 1900, or which includes any new material or construction which is not equivalent to the materials or construction of the original equipment converter. (i)(1) Except as provided in Subsection (i)(2) below, no person shall install, sell, offer for sale or advertise, any used catalytic converter in California unless the catalytic converter has been exempted pursuant to the "Criteria for Evaluation of Add-On Parts and Modified Parts," adopted by the state board on November 4, 1977, as amended May 19, 1981. (2) The Executive Officer shall exempt used original equipment oxidation catalytic converters which comply with the U.S. Environmental Protection Agency interim enforcement policy for used converters (published at 51 Federal Register (FR) 28114 (August 5, 1986) and 51 FR 28132 (August 5, 1986)) from the prohibitions of California Vehicle Code sections 27156 and 38391 for the vehicle applications indicated by the federal label and installation instructions. (3) No person shall install, sell, offer for sale or advertise, any recycled or salvaged used catalytic converter in California more than 30 days after the date of filing of this subsection with the Secretary of State unless they have been exempted from the prohibitions of California Vehicle Code sections 27156 and 38391 pursuant to the procedures provided in this subsection. (4) For the purposes of this regulation, a "used catalytic converter" is a catalytic converter which is not a new aftermarket non-original equipment catalytic converter as defined in Subsection (h)(3), or a replacement part as defined in section 1900; and "oxidation catalytic converter" is a catalytic converter designed for the control of only hydrocarbon and carbon monoxide emissions. Note: Authority cited: Sections 39600, 39601, 43000 and 43011, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43011 and 43644, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 2223. Specific Criteria. Note: Authority cited: Section 39601, Health and Safety Code; and Section 27156, Vehicle Code. Reference: Sections 39002, 39003, 39500, and 43000, Health and Safety Code. s 2224. Surveillance. (a) Replacement parts. The executive officer may order, for cause, the manufacturer of any replacement part subject to the provisions of this article to submit any records relating to such part which are maintained pursuant to section 2221(b) above. The executive officer may order, for cause, the manufacturer of any replacement part subject to the provisions of this article to submit a reasonable number of parts typical of the manufacturer's production for testing and evaluation. If, after a review of all records submitted by the manufacturer and of the results of any tests conducted by the state board's staff, the executive officer finds that such part is not in fact a replacement part, the executive officer may invoke section 2225. Replacement parts evaluated pursuant to this section shall be compared with the specifications contained in the applicable vehicle manufacturer's application for certification. (b) Add-on parts and modified parts. The executive officer may order, for cause, the manufacturer of any add-on part or modified part subject to the provisions of this article to submit a reasonable number of parts typical of the manufacturer's production for testing and evaluation. In-use performance will also be evaluated. This will include Inspection and Maintenance requirements and compliance with onboard diagnostic system regulations. If, after a review of the results of any tests or evaluations conducted by the state board's staff and of any information submitted by the manufacturer, the executive officer finds that an add-on part or a modified part does not conform to the "Procedures for Exemption of Add-on and Modified Parts," the executive officer may invoke section 2225. Note: Authority cited: Sections 39600, 39601 and 43011, Health and Safety Code; and Section 27156, Vehicle Code. Reference: Sections 39002, 39003, 39500, 43000 and 43204, Health and Safety Code. s 2225. Enforcement Action. (a) When this section is invoked pursuant to other sections of this article, the executive officer may issue a cease and desist order and may require the person to submit a plan for correcting any deficiencies found by the state board. The executive officer may order any of the actions contained in the plan, and/or may declare a part to be not in compliance with Vehicle Code Section 27156 unless he/she finds the plan adequate to correct the deficiencies found by the state board. The plan may be required to include such corrective actions as the cessation of sale of non-complying parts, the recall of any non-complying parts already sold, and corrective advertising to correct misleading information regarding the emission control capabilities of the device and to ensure compliance with California's laws. The executive officer may also seek fines for violations of Vehicle Code Section 27156, or other laws or regulations, as applicable. (b) When this section is invoked by the executive officer on either his/her own initiative or in response to complaints received, an investigation may be made by the executive officer or his/her representative to gather evidence regarding continuing violations of this article by any person engaged in the business of advertising, offering for sale, selling, or installing an add-on or modified part. (c) Any person against whom enforcement action (other than the filing of an action in court) is initiated pursuant to this section may request a public hearing to review the enforcement action. (d) Nothing in this article shall prohibit the executive officer from taking any other action provided for by law, including the prosecution of an action in court. Note: Authority cited: Sections 39515, 39516, 39600 and 39601, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43600, 43641 and 43644, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 2230. Requirements. No exhaust emission control device for controlling carbon monoxide from portable and from mobile internal combustion engines used in enclosed structures shall be certified by the Air Resources Board unless such devices operate within the standards for said pollutant set by the Occupational Safety and Health Standards Board pursuant to Section 6701 of the Labor Code, and meet the criteria set forth in this Chapter. The standards for carbon monoxide set by the Occupational Safety and Health Standards Board for such devices appear in Title 8, California Code of Regulations, Section 5146. The test procedures for determining compliance with these standards are set forth in "Test Procedures for Portable and Mobile Internal Combustion Engines Used Inside Buildings" dated September 13, 1967. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 6702 and 6703, Labor Code. Reference: Sections 6701, 6702 and 6703, Labor Code. s 2231. Other Criteria. No device controlling exhaust emissions from portable and from mobile internal combustion engines used in enclosed structures shall be certified by the Air Resources Board unless it meets the following criteria: (a) Such device shall operate so that, with engine maintenance which is characteristic of general usage by the users thereof, its emissions are within the limits established by the State Standards. (b) Function or malfunction of the device shall not create a hazardous condition. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code; Sections 6702 and 6703, Labor Code. Reference: Sections 6701, 6702 and 6703, Labor Code. s 2235. Requirements. New 1977 and subsequent model-year gasoline-fueled motor vehicles and 1993 and subsequent model-year methanol-fueled passenger cars, light-duty trucks, medium-duty vehicles and heavy-duty vehicles shall not be sold, offered for sale or registered in California unless such vehicles comply with the Air Resources Board's "Specifications for Fill Pipes and Openings of Motor Vehicle Fuel Tanks," dated March 19, 1976 as last amended January 22, 1990 or, in the case of motorcycles, are exempted pursuant to Chapter 1, Article 2, Section 1976(b). Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, 43107 and 43835, Health and Safety Code. Reference: Sections 39003, 43000, 43013, 43018, 43101, 43104, 43106, 43204 and 43835, Health and Safety Code; and Sections 28111 and 28112, Vehicle Code. s 2250. Degree of Unsaturation for Gasolines Sold Before April 1, 1996. (a) No person shall sell or supply within the South Coast Basin (as defined on January 1, 1976) as a fuel for motor vehicles as defined by the Vehicle Code of the State of California, a gasoline having a degree of unsaturation greater than that indicated by a Bromine Number of 30 as determined according to the "Test Method for Determining Bromine Number of Gasoline," as adopted by the Air Resources Board on August 13, 1987 and incorporated herein by reference. (b) For the purpose of this rule, the term "gasoline" means any fuel which is commonly or commercially known or sold as gasoline, or any fuel sold to power a vehicle certified by the state board as a gasoline-powered vehicle without modifying the vehicle. (c) This section shall not apply to gasoline sold or supplied on or after April 1, 1996, except for gasoline that is supplied from a small refiner's California refinery prior to March 1, 1998, and that qualifies for treatment under section 2272(a). Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43831, Health and Safety Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000-39003, 39010, 39500, 39515, 39516, 39606, 41511, 43000, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2251. Reid Vapor Pressure for Gasoline. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39606, 43000, 43013, 43016, 43018, 43101 and 43830, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2251.1. Waiver of Reid Vapor Pressure Standard for Gasoline Produced in California. Note: Authority cited: Sections 39600, 39601, Health and Safety Code. Reference: Sections 41511, 43101, Health and Safety Code. s 2251.2. Waiver of Reid Vapor Pressure Standard for Gasoline Imported into California. Note: Authority cited: Sections 39600, 39601, Health and Safety Code. Reference: Sections 41511, 43101, Health and Safety Code. s 2251.5. Reid Vapor Pressure of Gasoline Sold After January 1, 1992, and Before March 1, 1996. (a) Regulatory Standards. (1) Basic Regulatory Standard. (A) Starting January 1, 1992, within each of the air basins during the regulatory period set forth in section (a)(1)(B), no person shall sell, offer for sale, dispense, supply, offer for supply, or transport California gasoline which has a Reid vapor pressure exceeding 7.80 pounds per square inch. (B) Basic Regulatory Control Periods. 1. April 1 through October 31: South Coast Air Basin and Ventura County San Diego Air Basin Southeast Desert Air Basin 2. May 1 through September 30: Great Basin Valley Air Basin 3. May 1 through October 31: San Francisco Bay Area Air Basin San Joaquin Valley Air Basin Sacramento Valley Air Basin Mountain Counties Air Basin Lake Tahoe Air Basin 4. June 1 through September 30: North Coast Air Basin Lake County Air Basin Northeast Plateau Air Basin 5. June 1 through October 31: North Central Coast Air Basin South Central Coast Air Basin (Excluding Ventura County) (2) Additional Regulatory Standards for Gasoline Sold, Supplied or Transferred from a Production or Import Facility. (A) Starting January 1, 1992, no producer or importer shall sell, offer for sale, supply, or offer to supply from its California production facility or California import facility in an air basin during the regulatory period specified in section (a)(2)(B), California gasoline which has a Reid vapor pressure exceeding 7.80 pounds per square inch. Starting January 1, 1992, no person shall transport directly from a California production facility or California import facility in an air basin during the regulatory period set forth in section (a)(2)(B), California gasoline which has a Reid vapor pressure exceeding 7.80 pounds per square inch. (B) Additional Regulatory Control Periods. 1. March 1 through March 31: South Coast Air Basin and Ventura County San Diego Air Basin Southeast Desert Air Basin 2. April 1 through April 30: San Francisco Bay Area Air Basin San Joaquin Valley Air Basin Sacramento Valley Air Basin Great Basin Valley Air Basin Mountain Counties Air Basin Lake Tahoe Air Basin 3. May 1 through May 31: North Central Coast Air Basin South Central Coast Air Basin (Excluding Ventura County) North Coast Air Basin Lake County Air Basin Northeast Plateau Air Basin (3) Special Provisions for Blends of Gasoline Containing Ethanol. (A) Any blend of gasoline containing at least 10 percent ethanol by volume shall not result in a violation of this section (a) unless the gasoline used in the blend exceeds the standards set forth in this section (a). (B) Section (a)(3)(A) shall be effective only so long as Health and Safety Code section 43830 establishes special provisions for the volatility of gasoline blends containing at least 10 percent ethanol by volume. (C) Any sale, offer for sale, supply, or transport of gasoline containing at least 4.9 percent ethanol by volume, which occurs in October 1993, October 1994, or October 1995, shall not constitute a violation of section (a)(1) unless the gasoline has a Reid vapor pressure exceeding 8.80 pounds per square inch. (D)1. Any sale, offer for sale, or supply of gasoline containing at least 4.9 percent ethanol by volume from a final distribution facility during the 15 days preceding a transition period shall not constitute a violation of section (a)(1) as long as: a. The gasoline has a Reid vapor pressure not exceeding 8.80 pounds per square inch, and b. The person selling or supplying the gasoline demonstrates to the satisfaction of the executive officer, prior to the sale or supply, that it is reasonably necessary to add ethanol to the gasoline to enable the calibration of metered ethanol blending equipment prior to the start of the regulatory control period. 2. Any transaction involving gasoline after it has been transferred from a final distribution facility shall not constitute a violation of section (a)(1) if the person engaged in the transaction demonstrates by affirmative defense that the sale, offer for sale or supply of the gasoline from the final distribution facility met the criteria set forth in section (a)(3)(D)(1). 3. For the purposes of this section (a)(3)(D), "final distribution facility," "transition period," and "regulatory control period" shall have the same meaning set forth in Title 13, California Code of Regulations, sections 2258(b) and 2258(a)(2). (4)(A) Section (a)(1) shall not apply to a transaction occurring in an air basin during the basic regulatory control period where the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that, prior to the transaction, he or she has taken reasonably prudent precautions to assure that the gasoline will be delivered to a retail service station or bulk purchaser-consumer's fueling facility when the station or facility is not subject to a basic regulatory control period. (B) Section (a)(2) shall not apply to a transaction occurring in an air basin during the additional regulatory control period for producers and importers where the person selling, supplying, offering or transporting the gasoline demonstrates as an affirmative defense that, prior to the transaction, he or she has taken reasonably prudent precautions to assure that the gasoline will be delivered to a retail service station or bulk purchaser-consumer's fueling facility located in an air basin not then subject to the basic regulatory control period or the additional control period for producers and importers. (C) Section (a)(1) shall not apply to a transaction occurring in an air basin during the basic regulatory control period where the transaction involves the transfer of gasoline from a stationary storage tank to a motor vehicle fuel tank and the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that the last delivery of gasoline to the stationary storage tank occurred more than fourteen days before the start of the basic regulatory control period. (5) For the purposes of section (a)(1), each sale of California gasoline at retail, and each dispensing of California gasoline into a motor vehicle fuel tank, shall also be deemed a sale or supply by any person who previously sold or supplied such gasoline in violation of section (a)(1). (b) Definitions. For the purposes of this section: (1) "Bulk purchaser-consumer" means a person that purchases or otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks or motor vehicles owned or operated by the person. (2) "California gasoline" means gasoline sold or intended for sale as a motor vehicle fuel in California. (3) "California production facility" means a facility in California at which gasoline is produced; it does not include a facility whose sole operation is to transfer gasoline or to blend additives into gasoline. (4) "Ethanol" means ethyl alcohol which meets any additional requirements for ethanol or ethyl alcohol in Health and Safety Code section 43830. (5) "Gasoline" means any fuel which is commonly or commercially known or sold as gasoline, or which is a mixture of more than 50 percent fuel commonly known or sold as gasoline and alcohol. (6) "Importer" means any person who first accepts delivery in California of California gasoline. (7) "Import facility" means the facility at which imported California gasoline is first received in California, including, in the case of California gasoline imported by cargo tank and delivered directly to a facility for dispensing gasoline into motor vehicles, the cargo tank in which the gasoline is imported. (8) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code. (9) "Produce" means to convert liquid compounds which are not gasoline into gasoline. (10) "Producer" means any person who owns, leases, operates, controls or supervises a California production facility. (11) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. (c) Sampling and Test Methods. (1) Compliance with the standards set forth in section (a)(1) and (2) shall be determined by use of an applicable sampling methodology set forth in 13 CCR section 2296, and by use of either (A) the American Society for Testing and Materials Method ASTM D 328-58 (which is incorporated by reference herein), deleting paragraph 4(b) concerning sampling or (B) the test method set forth in Section 2297. (2) For purposes of section (a)(3), the ethanol content of gasoline shall be determined by: (A) use of American Society of Testing and Materials Test Method D 4815-94 (which is incorporated by reference herein) to determine the mass percent of ethanol in the gasoline, and (B) conversion of the concentration of ethanol from percent by mass to percent by volume according to Section 14.3 of ASTM D 4815-94. The volume of ethanol shall include the volume of any denaturant approved for that purpose by the United States Bureau of Alcohol, Tobacco and Firearms, provided those denaturants do not exceed 5 percent of the volume of alcohol (including denaturants). (d) Variances. (1) Any person who cannot comply with the requirements set forth in section (a)(1) or (2) before January 1, 1994 because of reasons beyond the person's reasonable control may apply to the executive officer for a variance. The application shall set forth: (A) the specific grounds upon which the variance is sought; (B) the proposed date(s) by which compliance with the provisions of section (a)(1) or (2) will be achieved; and (C) a plan reasonably detailing the method by which compliance will be achieved. (2) Upon receipt of an application for a variance containing the information required in section (d)(1), the executive officer shall hold a hearing to determine whether, or under what conditions and to what extent, a variance from the requirements in section (a)(1) or (2) is necessary and will be permitted. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 20 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 20 days prior to the hearing. (3) At least 20 days prior to the hearing, the application for the variance shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered. (4) No variance shall be granted unless all of the following findings are made: (A) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with section (a)(1) or (2) would result in an extraordinary economic hardship; (B) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance; and (C) that the compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible. (5) No variance may be effective after December 31, 1993. Any variance order shall impose a substitute gasoline Reid vapor pressure limit as stringent as feasible under the circumstances, in no case to exceed 9.0 pounds per square inch. Any variance order shall specify a final compliance date by which the requirements in section (a)(1) or (2) will be achieved. Any variance order shall also contain a condition that specified increments of progress necessary to assure timely compliance be achieved, and such other conditions that the executive officer, as a result of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (6) The executive officer may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. Such bond may provide that, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the state board, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the state board an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance. (7) No variance which is issued due to conditions of breakdown, repair, or malfunction of equipment shall have a duration, including extensions, of more than six months. (8) The executive officer may, after holding a hearing without complying with the provisions of sections (d)(2) and (d)(3), issue an emergency variance to a person from the requirements of sections (a)(1) upon a showing of reasonably unforeseeable extraordinary hardship and good cause that a variance is necessary. In connection with the issuance of an emergency variance, the executive officer may waive the requirements of section (d)(6). No emergency variance may extend for a period of more than 45 days. If the applicant for an emergency variance does not demonstrate that he or she can comply with the provisions of section (a)(1) or (2) within such 45-day period, an emergency variance shall not be granted unless the applicant makes a prima facie demonstration that the findings set forth in section (d)(4) should be made. The executive officer shall maintain a list of persons who have informed the executive officer in writing of their desire to be notified by telephone in advance of any hearing held pursuant to this section (d)(8), and shall provide advance telephone notice to any such person. (9) A variance shall cease to be effective upon failure of the party to whom the variance was granted substantially to comply with any condition. (10) Upon the application of any person, the executive officer may review and for good cause modify or revoke a variance from the requirements of section (a)(1) or (2) after holding a hearing in accordance with the provisions of sections (d)(2) and (d)(3). (e) Sunset This section shall not apply to gasoline sold or supplied on or after March 1, 1996. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39606, 41511, 43000, 43016, 43018, 43101 and 43830, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2252. Sulfur Content of Gasoline Represented as Unleaded Sold Before April 1, 1996. (a) No person shall sell, offer for sale, or supply in California, as a fuel for motor vehicles, any gasoline represented as unleaded which has a sulfur content greater than 300 parts per million by weight. (b) The maximum sulfur content limitations specified in subsection (a) shall be determined by ASTM Test Method 2622-87, or any other test method determined by the executive officer to give equivalent results. (c) For the purpose of this section, "Motor Vehicle" has the same meaning as defined in Section 415 of the Vehicle Code. (d)(1) Any person who cannot comply with the requirements set forth in subsection (a) because of extraordinary reasons beyond the person's reasonable control may apply to the executive officer for a variance. The application shall set forth: (A) the specific grounds upon which the variance is sought; (B) the proposed date(s) by which compliance with the provisions of subsection (a) will be achieved; and (C) a plan reasonably detailing the method by which compliance will be achieved. (2) Upon receipt of an application for a variance containing the information required in subsection (d)(1), the executive officer shall hold a hearing to determine whether, and under what conditions and to what extent, a variance from the requirements established by subsection (a) is necessary and will be permitted. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 20 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 20 days prior to the hearing. (3) At least 20 days prior to the hearing, the application for the variance shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered. (4) No variance shall be granted unless all of the following findings are made: (A) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with subsections (a) would result in an extraordinary economic hardship; (B) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance. (C) that the compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible. (5) Any variance order shall specify final compliance date by which the requirements in subsection (a) will be achieved. Any variance order shall also contain a condition that specified increments of progress necessary to assure timely compliance be achieved, and such other conditions, including limitations on the sulfur content of unleaded gasoline or diesel fuel produced for use in motor vehicles, that the executive officer, as a result of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (6) The executive officer may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. Such bond may provide that, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the state board, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the state board an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance. (7) No variance from the requirements set forth in subsection (a) based on a plan for compliance which includes the installation of major additional equipment shall have a duration of more than three years. (8) No variance which is issued due to conditions of breakdown, repair, or malfunction of equipment shall have a duration, including extensions, of more than six months. (9) The executive officer may, after holding a hearing without complying with the provisions of subsections (d)(2) and (3), issue an emergency variance to a person from the requirements of subsection (a) upon a showing or reasonably unforeseeable extraordinary hardship and good cause that a variance is necessary. In connection with the issuance of an emergency variance, the executive officer may waive the requirements of subsection (d)(6). No emergency variance may extend for a period of more than 45 days. If the applicant for an emergency variance does not demonstrate that he or she can comply with the provisions of subsection (a) within such 45-day period, an emergency variance shall not be granted unless the applicant makes a prima facie demonstration that the findings set forth in subsection (d)(4) should be made. The executive officer shall maintain a list of persons who have informed the executive officer in writing of their desire to be notified by telephone in advance of any hearing held pursuant to this paragraph (d)(9), and shall provide advance telephone notice to any such person. (10) A variance shall cease to be effective upon failure of the party to whom the variance was granted substantially to comply with any condition. (11) Upon the application of any person, the executive officer may review and for good cause modify or revoke a variance from the requirements of subsection (a) after holding a hearing in accordance with the provisions of subsections (d)(2) and (3). (e) This section shall not apply to gasoline sold or supplied after April 1, 1996, except for gasoline that is supplied from a small refiner's California refinery prior to March 1, 1998, and that qualifies for treatment under section 2272(a). Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39606, 41511, 43000, 43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v . Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2253. Average Lead Content of Gasoline Manufactured Before July 1, 1983. Note: Authority cited: Sections 39600, 39601, 43013 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000-39003, 39500, 39515, 39516, 41511, 43000, 43103 and 43011, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2253.1. Exclusion of Gasoline Imported into California from Lead Requirements. Note: Authority cited: Sections 39600 and 39601, Health and Safety Code. Reference: Sections 41511, 43013, and 43101, Health and Safety Code. s 2253.2. Lead in Gasoline Sold Before January 1, 1992. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil & Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000-39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil & Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr.249 (1975). s 2253.4. Lead in Gasoline. (a) Regulatory Standard. (1) [Reserved] (2) [Reserved] (3) Starting January 1, 1994, no person shall sell, offer for sale, supply, or offer for supply any California gasoline: (A) which is not represented as unleaded, or (B) which has been produced with the use of any lead additive, or (C) which contains more than 0.050 gram of lead per gallon or more than 0.005 gram of phosphorus per gallon, except as provided in subsection (d). (4) Starting January 1, 1992, no person shall transfer a consumer gasoline additive containing lead into the fuel tank of a motor vehicle, other than an exempt off-road motor vehicle. (5) Starting January 1, 1992, no person shall sell or offer for sale a consumer gasoline additive containing lead unless the additive container bears a conspicuous legend that use of the additive in passenger cars and other on-road vehicles is unlawful and can result in substantial penalties, and unless the marketing of the additive is directed exclusively towards use in exempt off-road motor vehicles and nonvehicular sources. (b) Definitions. For the purposes of this section: (1) "California gasoline" means gasoline sold or intended for sale as a motor vehicle fuel in California. (2) "Consumer gasoline additive" means any gasoline additive which is designed or marketed to be dispensed into the gasoline tank used to fuel a gasoline engine. (3) "Exempt off-road vehicle" means any special construction equipment as defined in sections 565 and 570 of the Vehicle Code, and any implement of husbandry as defined in sections 36000 et seq. of the Vehicle Code. (4) "Gasoline" means any fuel which is commonly or commercially known or sold as gasoline, or which is a mixture of any fuel commonly known or sold as gasoline and alcohol. (5) "Lead additive" means any substance containing lead or leadcompounds. (6) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code. (7) "Retail outlet" means any establishment at which gasoline is sold or offered for sale to the general public for use in motor vehicles other than exempt off-road vehicles. (8) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. (c) Test Methods. The lead content of gasoline shall be determined in accordance with American Society of Testing and Materials (ASTM) Method D3237-79, which is incorporated herein by reference. The phosphorous content of gasoline shall be determined in accordance with ASTM Method D3231-73, which is incorporated herein by reference. (d) Exemptions. Subsections (a)(1) and (3) shall not apply to California gasoline sold, offered from sale, supplied, or offered for supply by a person who demonstrates that: (i) The gasoline is conspicuously identified as a fuel which may notlawfully be dispensed to motor vehicles other than exempt off-road vehicles; and (ii) He or she has taken reasonable precautions to assure that the gasoline will not be sold or offered for sale at a retail outlet; and (iii) Either the gasoline is being directly dispensed into the fuel tank of an exempt off-road vehicle, or the gasoline is the subject of a declaration under penalty of perjury by the purchaser, offeree or recipient stating that he or she will not sell, offer for sale, supply, or offer for supply the gasoline for use in motor vehicles other than exempt off-road vehicles. Note: Authority cited: Sections 39600, 39601, 43013, 430181 and 43101, Health and Safety Code; and Western Oil & Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 43000, 43013, 43016, 43018, and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2254. Manganese Additive Content. (a) Except as provided in subparagraph (b), no person shall add manganese or any manganese compound, including the compound methylcyclopentadienyl manganese tricarbonyl (MMT), to gasoline represented as unleaded intended to be sold, offered for sale, or delivered for sale at retail in the State of California. (b) The prohibitions set forth in subparagraph (a) shall not apply to any person who has applied for and received from the Executive Officer written approval to add manganese or any manganese compound, including MMT, to gasoline represented as unleaded for the purpose of conducting tests or research into the effect thereof on vehicle emissions, fuel economy, performance, or for other related research objectives. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal Rptr. 249 (1975). Reference: Sections 39000-39003, 39500, 39515, 39516, 43000, 43013 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n v. Orange County APCD, 14 Cal3d. 411, 121 Cal. Rptr 249 (1975). s 2255. Sulfur Content of Diesel Fuel. Note: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101 of the Health and Safety Code, and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43016, 43018, and 43101, Health and Safety Code, and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2256. Aromatic Hydrocarbon Content of Diesel Fuel. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101 of the Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2257. Required Additives in Gasoline. (a) Regulatory Standard. (1) On or after January 1, 1992, no person shall sell, offer for sale, supply, or offer for supply any California gasoline unless at the time of the transaction: [i] the producer, importer, or distributor of the gasoline has been issued a currently effective certification for California gasoline pursuant to subsection (c), originally dated no earlier than July 1, 1996. Existing certifications dated between July 1, 1996 and July 16, 1999 that meet the standards described in subsection (c)(1)(A)(i) and (c)(1)(A)(ii) [including those which used test method ASTM D 5500-94] are exempted from subsection (c)(1)(A)(iii), and [ii] the gasoline contains at least the minimum concentration of the additive or additives identified in the final application for certification. (2) Subsection (a)(1) shall not apply to transactions where the person selling, supplying, or offering the gasoline demonstrates that: [i] the gasoline has not yet been sold, offered, or supplied from the final distribution facility, and either [ii] the person has taken reasonably prudent precautions to assure that he or she will bring the gasoline into satisfaction with the requirements of subsection (a)(1) before it is sold, supplied or offered from the final distribution facility, or [iii] at or before the time of the transaction the person has obtained a written statement from the purchaser, recipient, or offeree of the gasoline stating that he or she is a distributor who has been issued a currently effective certification pursuant to subsection (c), and will cause the gasoline to satisfy the requirements of subsection (a)(1) before it is sold, supplied or offered from the final distribution facility. (3) Subsection (a)(1)[ii] shall not apply to the sale, supply, or offer of gasoline from a final distribution facility where the person selling, supplying, or offering the gasoline demonstrates that the gasoline will be corrected to comply with section (a)(1)[ii] prior to the sale of gasoline from the retail outlet to be dispensed into motor vehicles. If such corrective action is taken, the producer, importer, or distributor of the gasoline must notify the Compliance Division of the Air Resources Board by telephone or in writing within 2 business days of the correction and must maintain records to document each occurrence in accordance with subsection (d). (4) For the purposes of subsection (a)(1), each sale of gasoline at retail for use in a motor vehicle, and each supply of gasoline into a motor vehicle fuel tank, shall also be deemed a sale or supply by any person who previously sold or supplied such gasoline in violation of subsection (a)(1). (b) Definitions. For the purposes of this section: (1) "Additive" means any substance or mixture of substances that is intentionally added to gasoline for the purpose of reducing or preventing fuel injection system or intake valve deposits, and that is not intentionally removed prior to the gasoline's sale or use. (2) "Bulk purchaser-consumer" means a person who purchases or otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks of motor vehicles owned or operated by the person. (3) "California gasoline" means gasoline sold or intended for sale as a motor vehicle fuel in California. (4) "Chemical composition" means the name, percentage by weight, and chemical identification of each compound in an additive. (5) "Distributor" means any person who transports or stores or causes the transportation or storage of gasoline, produced or imported by another person, at any point between any producer's or importer's facility and any retail outlet or wholesale purchaser-consumer's facility. (6) "Final distribution facility" means the stationary gasoline transfer point from which gasoline is transferred into the cargo tank truck, pipeline, or other delivery vessel from which the gasoline will be delivered to the facility at which the gasoline will be dispensed into motor vehicles. (7) "Gasoline" means any fuel which is sold or intended for sale as a California motor vehicle fuel and is either: (a) commonly or commercially known or sold as gasoline, or (b) any fuel blend of gasoline as defined in (a) and alcohol in which the portion of gasoline is more than 50 percent of the total blend. (8) "Gasoline production facility" means a facility in California at which gasoline is produced; it does not include a facility whose sole operation is to transfer gasoline or to blend additives into gasoline. (9) "Importer" means any person who first accepts delivery of gasoline in California. (10) "Import facility" means the facility at which imported gasoline is first received in California, including, in the case of gasoline imported by cargo tank and delivered directly to a facility for dispensing gasoline into motor vehicles, the cargo tank in which the gasoline is imported. (11) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code. (12) "Produce" means to convert liquid compounds which are not gasoline into gasoline. (13) "Producer" means any person who produces California gasoline in California. (14) "Retail outlet" means any establishment at which gasoline is sold or offered for sale for use in motor vehicles. (15) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. (c) Certification Requirements. (1)(A) No gasoline formulation shall be certified under this subsection (c) unless the applicant for certification demonstrates each of the following to the executive officer's satisfaction: (i) The gasoline formulation meets a maximum of 50 milligrams averaged over all intake valves when tested in accordance with ASTM D 5500-98, which is incorporated herein by reference. As an alternative, intake valve deposits may be tested in accordance with subsection (c)(1)(A)(iii). (ii) The gasoline formulation does not result in a flow loss of more than five percent for any fuel injector when tested in accordance with ASTM D 5598-95a, which is incorporated herein by reference. (iii) The gasoline formulation meeting the requirements of (c)(1)(A)(i), does not result in more than 1300 milligrams total deposit weight, averaged over all four combustion chambers, or, does not result in more than 140 percent total deposit weight from all four combustion chambers, relative to the gasoline formulation containing no additive, when tested in accordance with the Stationary Source Division's Test Method for Evaluating Intake Valve and Combustion Chamber Deposits in Vehicle Engines, dated March 12, 1999, which is incorporated herein by reference. (B) The executive officer may approve alternative test procedures for demonstrating satisfaction with any of the performance criteria set forth in subsection (c)(1)(A) if an applicant or potential applicant demonstrates to the executive officer's satisfaction that a gasoline formulation which meets the performance criteria of the alternative test procedure would also meet the performance criteria specified in subsection (c)(1)(A). (2) Any producer, importer, or distributor may apply to the executive officer for certification of a gasoline formulation in accordance with this subsection (c). The application shall be in writing and shall include, at a minimum, the following: (A) The name and chemical composition of the additive or additives in the gasoline formulation, except that if the chemical composition is not known to either the applicant or to the manufacturer of the additive (if other than the applicant), the applicant may provide a full disclosure of the chemical process of manufacture of the additive in lieu of its chemical composition. (B) The minimum concentration of each additive in the gasoline formulation in terms of gallons of additive per thousand gallons of gasoline. (C) The results of tests conducted on the gasoline formulation pursuant to the test procedures set forth in subsection (c)(1), all data generated by the tests, the identity of the entity which conducted each test, and a description of the quality assurance and quality control procedures used during the testing. (D) Data demonstrating that the fuel used for certification testing ( "certification test fuel") is representative of the gasoline formulation for which certification is requested. Properties of the certification test fuel must be at least 80 percent of the maximum properties of the gasoline formulation to be certified for the following: aromatic hydrocarbon content, olefin content, sulfur content, and oxygen content. The T90 distillation temperature of the certification test fuel cannot be less than 40° F below the gasoline formulation for which certification is requested. All other certification test fuel properties must be representative of typical commercial gasoline. (E) Data demonstrating how the certification test fuel was produced including a list of blend stocks, such as reformate, oxygenates, cracked stocks, alkylate, isomerate, straight run stocks and any other blend stocks, along with the percentage of the total which each blend stock comprises. Data may also be requested which demonstrates that the certification test fuel blend stocks are representative of typical California refinery blend stocks used for the production of California gasoline. (F) The theoretical mechanism of action (if known) of the additive in meeting any of the performance criteria set forth in subsection (c)(1)(A). (G) Copies of all material pertaining to the additive or additives in the gasoline formulation, submitted by the applicant to the U.S. Environmental Protection Agency pursuant to 40 CFR sections 79.6, 79.10 and 79.11. If the applicant has submitted no such material, copies of all material pertaining to the additive or additives in the gasoline formulation, submitted by the additive manufacturer to the U. S. Environmental Protection Agency pursuant to 40 CFR sections 79.6, 79.20 and 79.21. (H) A test method reasonably adequate for determining the presence and concentration of each additive in the gasoline, including test method reproducibility. The test method may involve identification of the presence of a surrogate marker substance if the applicant demonstrates that such test method will adequately demonstrate the presence and concentration of the additive. (3) Within 30 days of receipt of an application, the executive officer shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. Within 30 days of submittal of additional information, the executive officer shall advise the applicant in writing either that the application is complete, or that specified additional information or testing is still required before it can be deemed complete. (4) If the executive officer finds that an application meets the requirements of this section and determines that the applicant has satisfactorily made the demonstrations identified in subsection (c)(1), then he or she shall issue an Executive Order certifying the gasoline fuel formulation. The executive officer shall act on a complete application within 30 days after the application is deemed complete. (5) If the executive officer determines that the gasoline sold by a producer, importer or distributor contains the minimum concentration of additives identified in an applicable certification, but substantially fails to meet the performance criteria set forth in subsection (c)(1), the executive officer shall revoke or modify the prior certification as is necessary to assure that gasoline sold by the producer, importer or distributor meets the performance criteria set forth in subsection (c)(1). The executive officer shall not revoke or modify a prior certification order without first affording the applicant for the certification an opportunity for a hearing in accordance with title 17, California Code of Regulations, part III, chapter 1, subchapter 1, article 4 (commencing with section 60040). If the executive officer determines that a producer, importer or distributor would be unable to comply with this regulation as a direct result of a certification revocation or modification pursuant to this subsection, the executive officer may delay the effective date of such revocation or modification for such period of time as is necessary to permit the person to come into compliance in the exercise of all reasonable diligence. (d) Recordkeeping. (1) Each producer, importer, and distributor who has been issued a certification pursuant to subsection (c) must maintain records identifying each facility at which he or she adds an additive to California gasoline in order to comply with subsection (a)(1). For each such facility, the producer, importer or distributor must compile records showing on a monthly basis for each grade of gasoline: [i] the volume of California gasoline supplied from the facility by the producer, importer or distributor, [ii] the volume of California gasoline to which the producer, importer or distributor added the additive to comply with subsection (a)(1), and [iii] the name and volume of each additive (or additive package) added to the California gasoline fuel. Records covering a month must be compiled no later than 30 days after the end of the month, and must be retained for at least two years after the end of the month. (2) Any person required by subsection (d)(1) to compile and retain records must provide to the executive officer any such records within 20 days of a written request received from the executive officer or his/her designee before expiration of the period during which the records are required to be retained. Whenever such a person fails to provide records regarding a volume of California gasoline in accordance with this subsection (d)(2), the volume of California gasoline will be presumed to have been sold by the person in violation of subsection (a)(1). Note: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101 of the Health and Safety Code, and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43016, 43018, and 43101, Health and Safety Code, and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2258. Oxygen Content of Gasoline in the Wintertime. (a) Regulatory Standard. (1) Starting November 1, 1992, within each of the air basins during the regulatory control period set forth in section (a)(2), no person shall sell, offer for sale, supply, offer for supply, or transport California gasoline unless the gasoline has an oxygen content of not less than 1.8 percent by weight and not more than 2.2 percent by weight. (2) Regulatory Control Periods. (A) October 1 through February 29 South Coast Air Basin and Ventura County (B) October 1 through January 31 Sacramento Valley Air Basin San Joaquin Valley Air Basin San Francisco Bay Area Air Basin Lake Tahoe Air Basin Great Basin Valley Air Basin Mountain Counties Air Basin North Coast Air Basin Lake County Air Basin Northeast Plateau Air Basin North Central Coast Air Basin San Luis Obispo County (C) November 1 through February 29 San Diego Air Basin Southeast Desert Air Basin Santa Barbara County (3) Section (a)(1) shall not apply to transactions involving gasoline not meeting the minimum oxygen content standard where the person selling, supplying, or offering the gasoline demonstrates by affirmative defense that: [i] the gasoline has not yet been supplied from the final distribution facility, and [ii] the documents accompanying such gasoline clearly state that it does not comply with the minimum oxygen content standard in section (a)(1), and either [iii] the person has taken reasonably prudent precautions to assure that he or she will bring the gasoline within the standards in section (a)(1) before it is supplied from the final distribution facility, or [iv] at or before the time of the transaction the person has obtained a written statement from the purchaser, recipient, or offeree of the gasoline stating that he or she will take reasonably prudent precautions to assure that the gasoline is brought within the standards of section (a)(1) before it is supplied from the final distribution facility. (4) Section (a)(1) shall not apply to a transaction occurring in an air basin during the regulatory control period where the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that, prior to the transaction, he or she has taken reasonably prudent precautions to assure that the gasoline will be delivered to a retail service station or bulk purchaser-consumer's fueling facility when the station or facility is not subject to a basic regulatory control period. (5) Section (a)(1) shall not apply to a transaction occurring in an air basin during the regulatory control period where the transaction involves the transfer of gasoline from a stationary storage tank to a motor vehicle fuel tank and the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that the last delivery of gasoline to the stationary storage tank occurred more than fourteen days before the start of the regulatory control period. (6)(A) The regulatory standards in section (a)(1) shall not apply to a transaction occurring in the air basin during a transition period, where the transaction involves the transfer of gasoline from a stationary storage tank to a motor vehicle fuel tank and the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that he or she has made, prior to the transaction, specific arrangements with a gasoline distributor for the delivery of an oxygenated or nonoxygenated gasoline blend containing oxygenates in quantities that will result in gasoline in the stationary storage tanks at the facility having an oxygen content of from 1.8 percent to 2.2 percent by weight by the end of the transition period. (B) The regulatory standards in section (a)(1) shall not apply to a transaction occurring in an air basin during a transition period, where the transaction involves the sale, offer for sale, supply, offer for supply, or transport of gasoline to a retail gasoline outlet or bulk purchaser-consumer's facility and the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that the gasoline is being distributed pursuant to a prior arrangement to deliver oxygenated or nonoxygenated gasoline to bring the retail gasoline outlet or bulk purchaser-consumer's facility into compliance with the regulatory standards in section (a)(1) by the end of the transition period. (7) Section (a)(1) shall not apply to a transaction involving the sale, offer for sale, supply, or offer for supply of gasoline to a stationary storage tank at a retail gasoline outlet, or the transfer of gasoline from a stationary storage tank at a retail gasoline outlet to a motor vehicle fuel tank, if the person selling, offering, or supplying the gasoline demonstrates by affirmative defense all of the following: (A) The retail gasoline outlet is within Modoc, Lassen, Sierra, Nevada, Placer, El Dorado, Alpine, Mono, Inyo, or San Bernardino counties, and is not within the Lake Tahoe or Sacramento Valley Air Basins. (B) The final distribution facility from which the gasoline is being or has been delivered is outside California. (C) The gasoline is being or has been delivered to the stationary storage tank by a tank truck having a total capacity not exceeding 4500 gallons. (D) The stationary storage tank at the retail gasoline outlet has a total capacity not exceeding 2500 gallons, and (E) The retail gasoline outlet has a monthly throughput not exceeding 10,000 gallons. (8) For the purposes of section (a)(1), each sale of California gasoline at retail, and each dispensing of California gasoline into a motor vehicle fuel tank, shall also be deemed a sale or supply by any person who previously sold or supplied such gasoline in violation of section (a)(1). (b) Definitions. For the purposes of this section: (1) "Bulk purchaser-consumer" means a person who purchases or otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks of motor vehicles owned or operated by the person. (2) "California gasoline" means gasoline sold or intended for sale as a motor vehicle fuel in California. (3) "Distributor" means any person engaged in the business of transporting and delivering gasoline to a retail gasoline outlet or bulk purchaser-consumer's facility. (4) "Final distribution facility" means the stationary gasoline transfer point from which gasoline is transferred into the cargo tank truck, pipeline, or other delivery vessel from which the gasoline will be delivered to the facility at which the gasoline will be dispensed into motor vehicles; except that a cargo tank truck is the final distribution facility where the cargo tank truck is used to transport gasoline and carries written documentation demonstrating that oxygenates, in quantities that will bring the gasoline into compliance with section 2258(a)(1), will be or have been blended directly into the cargo tank truck prior to delivery of the gasoline from the cargo tank truck to the facility at which the gasoline will be dispensed into motor vehicles. (5) "Gasoline means any fuel which is commonly or commercially known or sold as gasoline. (6) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code. (7) "Northern California" means the area of California not contained within the South Central Coast, South Coast, Southeast Desert and San Diego Air Basins. (8) "Southern California" means the area of California contained within the South Central Coast, South Coast, Southeast Desert and San Diego Air Basins. (9) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. (10) "Transition period" means: a. the first 15 days of any October regulatory control period. b. November 1 to November 15, 1992, and c. November 1 through November 15 of 1993, 1994, or 1995 in the San Diego Air Basin, the Southeast Desert Air Basin, and Santa Barbara County. (c) Sampling Procedures and Test Methods. Compliance with the oxygen content standards in this regulation shall be determined by use of an applicable sampling methodology set forth in Title 13, California Code of Regulations, section 2296, and use of American Society for Testing and Materials Test Method ASTM D 4815-94, which is incorporated herein by reference. Another test method may be used following a determination by the executive officer that the other method produces results equivalent to the results obtained with ASTM D 4815-94. (d) Inability to Produce Conforming Gasoline in Extraordinary Circumstances. In appropriate extreme and unusual circumstances (e.g., natural disaster or Act of God) which are clearly outside the control of the refiner, importer, or oxygenate blender and which could not have been avoided by the exercise of prudence, diligence, and due care, the executive officer may permit a refiner, importer, or oxygenate blender, for a brief period, to distribute gasoline which does not meet the requirements in section (a)(1) if: (1) It is in the public interest to do so (e.g., distribution of the nonconforming gasoline is necessary to meet projected shortfalls which cannot otherwise be compensated for); (2) The refiner, importer, or oxygenate blender exercised prudent planning and was not able to avoid the violation and has taken all reasonable steps to minimize the extent of the nonconformity; (3) The refiner, importer, or oxygenate blender can show how the requirements for oxygenated gasoline will be expeditiously achieved; (4) The refiner, importer, or oxygenate blender agrees to make up air quality detriment associated with the nonconforming gasoline, where practical; and (5) The refiner, importer, or oxygenate blender pays to the Air Pollution Control Fund an amount equal to the economic benefit of the nonconformity minus the amount expended, pursuant to section (d)(4), in making up the air quality detriment. (e) Effect of Supply Waiver Under Federal Clean Air Act. (1) If the Administrator of the U.S. Environmental Protection Agency issues, pursuant to 42 U.S.C. section 7545(m)(3)(C), a waiver of the requirements of 42 U.S.C. section 7545(m)(2) applicable to a geographic area or areas of California, the requirements of section (a)(1) shall not apply in any air basin containing an area covered by the waiver, during the effective period of the waiver. (2) If the Administrator of the U.S. Environmental Protection Agency issues, pursuant to 42 U.S.C. section 7545(m)(3)(C), a waiver of the requirements of 42 U.S.C. section 7545(m)(2) applicable to a geographic area or areas within Southern California, section (a)(1) shall not apply, during the effective period of the waiver, in any air basin in Southern California not containing any area required under 42 U.S.C. section 7545(m) to have a wintertime oxygenates program. (3) If the Administrator of the U.S. Environmental Protection Agency issues, pursuant to 42 U.S.C. section 7545(m)(3)(C), a waiver of the requirements of 42 U.S.C. section 7545(m)(2) applicable to a geographic area or areas within Northern California, section (a)(1) shall not apply, during the effective period of the waiver, in any air basin in Northern California not containing any area required under 42 U.S.C. section 7545(m) to have a wintertime oxygenates program. (f) Sunset. This section shall not apply to gasoline sold or supplied after February 29, 1996. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2259. Exemptions for Motor Vehicle Fuels Used in Test Programs. (a)(1) Any person may request an exemption for fuel used in a test program by submitting an application to the executive officer that includes all the information listed in paragraphs (c), (d), (e), and (f) of this section. (2) For the purpose of this section, "fuel requirement" means any requirement for a motor vehicle fuel established in Chapter 5 (Standards for Motor Vehicle Fuels) of Division 3, Title 13, California Code of Regulations. (3) For the purpose of this section, "exemption" means an exemption from one or more fuel requirements that is granted by the executive officer for the purpose of research, motor vehicle or engine emissions certification, fuel certification or registration, or fuel additive certification or registration. (4) For the purpose of this section, "test track" means a roadway that is closed to the general public, is used to test motor vehicles or motor vehicle fuels, and is not used to transport persons or property. (b)(1) In order for an exemption to be granted, the applicant must demonstrate the following: (A) The proposed test program has a purpose that constitutes an appropriate basis for exemption; (B) The proposed test program necessitates the granting of an exemption; (C) The proposed test program exhibits reasonableness in scope; and (D) The proposed test program exhibits a degree of control consistent with the purpose of the program and the state board's monitoring requirements. (2) Paragraphs (c), (d), (e), and (f) of this section describe what constitutes a sufficient demonstration for each of the four elements in paragraphs (b)(1)(A) through (D) of this section. (3) Within 20 days of receipt of an application for an exemption, the executive officer shall advise the applicant in writing either that the application is complete or that specified additional information is required to make it complete. Within 15 days of submittal of additional information, the executive officer shall advise the applicant in writing either that the information submitted makes the application complete or that specified additional information is still required to make it complete. Within 20 days after the application is deemed complete, the executive officer shall grant or deny the application. Any denial shall be accompanied by a written statement of the reasons for denial. (c) An appropriate purpose is limited to research, motor vehicle or engine emissions certification, fuel certification or registration, or fuel additive certification or registration. The exemption application must include a concise statement of the purpose(s) of the proposed test program. (d) With respect to the necessity for an exemption, the applicant must identify each specific fuel requirement that would be violated by the test program, and demonstrate an inability to achieve the stated purpose in a practical manner without violating the identified fuel requirement(s). If any site of the proposed test program is located in an area that is classified as a nonattainment area for purposes of a state or federal ambient air quality standard, and the fuel requirement that would be violated is designed to reduce emissions of the pollutant, or a precursor of the pollutant, for which the area is classified as a nonattainment area, the applicant must also demonstrate a practical inability to perform the test program in an area that is in attainment with respect to that pollutant. (e) With respect to reasonableness, a test program must exhibit a duration of reasonable length, affect a reasonable number of vehicles or engines, and utilize a reasonable amount of noncomplying fuel. In this regard, the application for exemption must include: (1) An estimate of the program's duration; (2) An estimate of the maximum number of vehicles or engines involved in the program; (3) The time or mileage duration of the test program; (4) The range of the noncomplying properties of the fuel expected to be used in the program, and (5) The quantity of fuel which exceeds the applicable standard that is expected to be used in the program. (f)With respect to control, a program must be capable of affording the executive officer a monitoring capability. At a minimum, the application for exemption must also include: (1) The technical nature of the test program; (2) The site(s) of the program (including the street address, city, county, and zip code); (3) The manner in which information on vehicles and engines used in the program will be recorded and made available to the executive officer; (4) The manner in which results of the program will be recorded and made available to the executive officer; (5) The manner in which information on the fuel used in the test program (including noncomplying properties, name, address, telephone number, and contact person of supplier, quantity, date received from the supplier) will be recorded and made available to the executive officer; (6) The manner in which the distribution pumps will be labeled to insure proper use of the test fuel; (7) The name, address, telephone number and title of the person(s) in the organization requesting an exemption from whom further information on the request may be obtained; and (8) The name, address, telephone number and title of the person(s) in the organization requesting an exemption who will be responsible for recording and making the information specified in paragraphs (f)(3), (4), and (5) of this section available to the executive officer and the location in which such information will be maintained. (g) An exemption shall be granted by the executive officer upon a demonstration that the requirements of paragraphs (b), (c), (d), (e) and (f) of this section have been met. The exemption will be granted in the form of memorandum of exemption signed by the applicant and the executive officer (or his delegate), which shall include such terms and conditions as the executive officer determines necessary to monitor the exemption and to carry out the purpose of this section. Any violation of such term or condition shall cause the exemption to be void. (h) No fuel requirement shall apply to fuel used for an engine or vehicle dynamometer test, or to fuel used in the testing of motor vehicles or motor vehicle fuels on a test track. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2260. Definitions. (a) For the purposes of this subarticle, the following definitions apply: (1) "Alternative gasoline formulation" means a final blend of gasoline that is either a PM alternative gasoline formulation or a test-certified alternative gasoline formulation. (2) "Averaging compliance option" means, with respect to a specific gasoline property, the compliance option set forth in section 2262.3(c). (3) "ASTM" means the American Society of Testing and Materials. (4) "Bulk purchaser-consumer" means a person that purchases or otherwise obtains gasoline in bulk and then dispenses it into the fuel tanks or motor vehicles owned or operated by the person. (5) "Bulk plant" means an intermediate gasoline distribution facility where delivery of gasoline to and from the facility is solely by truck. (6) "California gasoline" means: (A) Gasoline sold, intended for sale, or made available for sale as a motor vehicle fuel in California; and (B) Gasoline that is produced in California, and that the producer knows or reasonably should know will be offered for sale or supply at an out-of-state terminal or bulk plant at which it will be identified as gasoline produced in California and suitable for sale as a motor vehicle fuel in California. (6.5) "California reformulated gasoline blendstock for oxygenate blending, or 'CARBOB,"' means a petroleum-derived liquid which is intended to be, or is represented as, a product that will constitute Califoria gasoline upon the addition of a specified type and percentage (or range of percentages) of oxygenate to the product after the product has been supplied from the production or import facility at which it was produced or imported. (6.6) "CaRFG Phase 2" means California Phase 2 reformulated gasoline. (6.7) "CaRFG Phase 3" means California Phase 3 reformulated gasoline. (6.8) "CARBOB limits" means, for a final blend of CARBOB, CARBOB specifications for maximum Reid vapor pressure, sulfur content, benzene content, olefin content, aromatic hydrocarbon content, T50 and T90, and maximum and minimum oxygen content, expressed to the number of significant figures identified for each property in the section 2262 standards table, and for any other property identified in a certification order issued by the Executive Officer pursuant to the "California Procedures for Evaluating Alternative Specifications for Gasoline Using Vehicle Emissions Testing," incorporated by reference in section 2266(a), if applicable. (7) "Designated alternative limit" means an alternative gasoline specification limit, expressed in the nearest part per million by weight for sulfur content, nearest hundredth percent by volume for benzene content, nearest tenth percent by volume for aromatic hydrocarbon content, nearest tenth percent for olefin content, and nearest degree Fahrenheit for T90 and T50, which is assigned by a producer or importer to a final blend of California gasoline pursuant to section 2264. (8) "Ethanol" means ethyl alcohol which meets any additional requirements for ethanol or ethyl alcohol in Health and Safety Code section 43830. (9) "Executive Officer" means the executive officer of the Air Resources Board, or his or her designee. (10) "Final blend" means a distinct quantity of gasoline or CARBOB which is introduced into commerce in California without further alteration which would tend to affect a regulated gasoline specification of the fuel. (11) "Final distribution facility" means the stationary gasoline transfer point from which gasoline or CARBOB is transferred into the cargo tank truck, pipeline, or other delivery vessel from which the gasoline will be delivered to the facility at which the gasoline will be dispensed into motor vehicles; except that a cargo tank truck is the final distribution facility where the cargo tank truck is used to transport CARBOB and gasoline and carries written documentation demonstrating that the designated type and amount or range of amounts of oxygenates designated by the producer or importer will be or have been blended directly into the cargo tank truck prior to delivery of the resulting gasoline from the cargo tank truck to the facility at which the gasoline will be dispensed into motor vehicles. (12) "Flat limit compliance option" means, with respect to a specific gasoline property, the compliance option set forth in section 2262.3(b), section 2262.4(b)(1), or section 2262.5(c). (13) "Further process" means to perform any activity on gasoline, including distillation, treating with hydrogen, or blending, for the purpose of bringing the gasoline into compliance with the standards in this subarticle. (14) "Gasoline" means any fuel that is commonly or commercially known, sold or represented as gasoline, including any volatile mixture of predominantly liquid hydrocarbons that is sold or represented as suitable for use in an automotive spark-ignition engine. (15) "Imported California gasoline" means California gasoline which is transported into California and does not meet the definition in section 2260(a)(6)(B). (16) "Import facility" means the storage tank to which imported California gasoline or CARBOB is first delivered in California, including, in the case of gasoline or CARBOB imported by cargo tank and delivered directly to a facility for dispensing gasoline into motor vehicles, the cargo tank in which the gasoline or CARBOB is imported. (17) "Importer" means any person who first accepts delivery in California of imported California gasoline. (18) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code. (19) "Oxygenate" is any oxygen-containing, ashless, organic compound, such as an alcohol or ether, which, when added to gasoline increases the amount of oxygen in gasoline. (19.3) "Oxygenate blending facility" means any facility (including a truck) at which oxygenate is added to gasoline or blendstock, and at which the quality or quantity of gasoline is not altered in any other manner except for the addition of deposit control additives or other similar additives. (19.6) "Oxygenate blender" means any person who owns, leases, operates, controls, or supervises an oxygenate blending facility, or who owns or controls the blendstock or gasoline used or the gasoline produced at an oxygenate blending facility. (20) "PM alternative gasoline formulation" means a final blend of gasoline that is subject to a set of PM alternative specifications assigned pursuant to section 2265(a). (21) "PM alternative specifications" means the specifications for the following gasoline properties, as determined in accordance with section 2263 and expressed to the number of significant figures identified for each property in the section 2262 standards table: maximum Reid vapor pressure, maximum sulfur content, maximum benzene content, maximum olefin content, minimum and maximum oxygen content, maximum T50, maximum T90, and maximum aromatic hydrocarbon content. (22) "PM averaging compliance option" means, with reference to a specific gasoline property, the compliance option for PM alternative gasoline formulations under which final blends of gasoline are assigned designated alternative limits in accordance with section 2264. (23) "PM averaging limit" means a PM alternative specification that is subject to the PM averaging compliance option. (24) "PM flat limit" means a PM alternative specification that is subject to the PM flat limit compliance option. (25) "PM flat limit compliance option" means, with reference to a specific gasoline property, the compliance option under which each gallon of gasoline must meet the specification for the property contained in the PM alternative specifications. (26)(A) "Produce" means, except as otherwise provided in section (a)(26)(B) or (a)(26)(C), to convert liquid compounds which are not gasoline into gasoline or CARBOB. When a person blends volumes of blendstocks which are not gasoline with volumes of gasoline acquired from another person, and the resulting blend is gasoline, the person conducting such blending has produced only the portion of the blend which was not previously gasoline. When a person blends gasoline with other volumes of gasoline, without the addition of blendstocks which are not gasoline, the person does not produce gasoline. (B) Where a person supplies gasoline to a refiner who agrees in writing to further process the gasoline at the refiner's refinery and to be treated as the producer of the gasoline, the refiner shall be deemed for all purposes under this article to be the producer of the gasoline. (C) Where an oxygenate blender blends oxygenates into CARBOB which has already been supplied from a gasoline production facility or import facility, and does not alter the quality or quantity of the CARBOB or the resulting gasoline in any other manner except for the addition of deposit control additives or other similar additives, the oxygenate blender is not producing any portion of the resulting gasoline, and the producer or importer of the CARBOB is treated as the producer or importer of the full volume of the resulting gasoline. (26.5) "Produced at a California production facility with the use of any oxygenate other than ethanol or MTBE" means produced at a California production facility in part by either (i) adding at the California production facility any oxygenate, other than ethanol or MTBE, in neat form to the California gasoline or to a blending component used in the gasoline; or (ii) using a blending component that contained greater than 0.10 weight percent total oxygen from oxygenates other than ethanol or MTBE when it was supplied to the California production facility. (27) "Producer" means any person who owns, leases, operates, controls or supervises a California production facility. (28) "Production facility" means a facility in California at which gasoline or CARBOB is produced. Upon request of a producer, the executive officer may designate, as part of the producer's production facility, a physically separate bulk storage facility which (A) is owned or leased by the producer, and (B) is operated by or at the direction of the producer, and (C) is not used to store or distribute gasoline or CARBOB that is not supplied from the production facility. (28.5) "Qualifying small refiner" means a small refiner whose California refinery was used in 1998 and 1999 to produce and supply California gasoline meeting the CaRFG Phase 2 standards. (29) "Qualifying volume" means, for each small refiner, a volume of gasoline determined in accordance with the following four steps, provided that the qualifying volume for Kern Oil & Refining Co.'s Bakersfield refinery shall not exceed 2,920,000 barrels per year (equal to 8000 barrels per day; 2,928,000 barrels per year in leap years): (A) First, the barrel per calendar day "operating crude oil capacity" of the small refiner's refinery in March 1999 is identified, based on data which are reported to the executive officer from the California Energy Commission (CEC) and are derived from "Monthly Refinery Reports" (EIA 810) submitted to the CEC no later than June 30, 1999. If the CEC is unable to derive such data from the Monthly Refinery Reports for a particular small refiner, the executive officer shall determine the small refiner's operating crude oil capacity in March 1999 based on other publicly available and generally recognized sources. (B) Second, this operating crude oil capacity is multiplied by 0.9794, representing the highest monthly refinery operating utilization rate in the California refining industry for January 1998 through March 1999, as compiled in the "Monthly Refinery Capacity Data Statewide" report of the CEC. (C) Third, the resulting crude throughput volume is multiplied by the refinery's highest monthly ratio of gasoline produced to crude oil distilled in January 1998 through March 1999, based on data derived by the CEC from the Monthly Refinery Reports submitted to the CEC no later than June 30, 1999. (D) Fourth, the resulting gasoline volume is multiplied by 365 to identify an annualized value. In the case of leap years, the gasoline volume is multiplied by 366 to identify the annualized value. (29.5) "Racing vehicle" means a competition vehicle not used on public highways. (30) "Refiner" means any person who owns, leases, operates, controls or supervises a refinery. (31) "Refinery" means a facility that produces liquid fuels by distilling petroleum. (32) "Small refiner" means any refiner who owns or operates a refinery in California that: (A) Has and at all times had since January 1, 1978, a crude oil capacity of not more than 55,000 barrels per stream day; (B) Has not been at any time since September 1, 1988, owned or controlled by any refiner that at the same time owned or controlled refineries in California with a total combined crude oil capacity of more than 55,000 barrels per stream day; and (C) Has not been at any time since September 1, 1988, owned or controlled by any refiner that at the same time owned or controlled refineries in the United States with a total combined crude oil capacity of more than 137,500 barrels per stream day. (32.5) "South Coast Area" means the counties of Los Angeles, Orange, Riverside, San Bernardino, and Ventura. (33) "Stream day" means 24 consecutive hours of actual operation of a refinery. (34) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. (35) "TC limits" means the set of specifications identified in a certification issued by the Executive Officer pursuant to the "California Procedures for Evaluating Alternative Specifications for Gasoline Using Vehicle Emissions Testing," incorporated by reference in section 2266(a). (36) "Test-certified alternative gasoline formulation" means a final blend of gasoline that is subject to a set of specifications identified in a certification issued by the Executive Officer pursuant to the "California Procedures for Evaluating Alternative Specifications for Gasoline Using Vehicle Emissions Testing," incorporated by reference in section 2266(a). Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2261. Applicability of Standards; Additional Standards. (a)Applicability of the CaRFG Phase 2 Standards. (1)(A) Unless otherwise specifically provided, the CaRFG Phase 2 cap limit standards set forth in section 2262, and the CaRFG Phase 2 cap limit compliance requirements in sections 2262.3(a), 2262.4(a), and 2262.5(a) and (b), shall apply: 1. starting April 15, 1996 to all sales, supplies, offers or movements of California gasoline except for transactions directly involving: a. the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, or b. the delivery of gasoline from a bulk plant to a retail outlet or bulk purchaser-consumer facility, and 2. starting June 1, 1996 to all sales, supplies, offers or movements of California gasoline, including transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility. (B) The remaining CaRFG Phase 2 standards and requirements contained in this subarticle shall apply to all sales, supplies, or offers of California gasoline occurring on or after March 1, 1996. (2) The CaRFG Phase 2 cap limit standards in section 2262 shall not apply to transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, where the person selling, offering, or supplying the gasoline demonstrates as an affirmative defense that the exceedance of the pertinent standard was caused by gasoline delivered to the retail outlet or bulk purchaser-consumer facility prior to April 15, 1996, or delivered to the retail outlet or bulk purchaser-consumer facility directly from a bulk plant prior to June 1, 1996. (b)Applicability of the CaRFG Phase 3 Standards. (1)(A) Unless otherwise specifically provided, the CaRFG Phase 3 cap limit standards set forth in section 2262, and the CaRFG Phase 3 cap limit compliance requirements in 2262.3(a), 2262.4(a), and 2262.5(a) and (b), shall apply starting December 31, 2003. The CaRFG Phase 3 benzene and sulfur content cap limit standards in section 2262, and the CaRFG Phase 3 benzene and sulfur content cap limit compliance requirements in 2262.3(a), shall apply: 1. starting December 31, 2003 (for the benzene content cap limit and the 60 parts per million sulfur content cap limit) and December 31, 2005 (for the 30 parts per million sulfur content cap limit), to all sales, supplies or offers of California gasoline from the production facility or import facility at which it was produced or imported. 2. starting February 14, 2004 (for the benzene content cap limit and the 60 parts per million sulfur content cap limit) and February 14, 2006 (for the 30 parts per million sulfur content cap limit) to all sales, supplies, offers or movements of California gasoline except for transactions directly involving: a. the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, or b. the delivery of gasoline from a bulk plant to a retail outlet or bulk purchaser-consumer facility, and 3. starting March 31, 2004 (for the benzene content cap limit and the 60 parts per million sulfur content cap limit) and March 31, 2006 (for the 30 parts per million sulfur content cap limit) to all sales, supplies, offers or movements of California gasoline, including transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility. (B) The remaining CaRFG Phase 3 standards and compliance requirements contained in this subarticle shall apply to all sales, supplies, or offers of California gasoline occurring on or after December 31, 2003. (2) The CaRFG Phase 3 benzene and sulfur content cap limit standards in section 2262 shall not apply to transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, where the person selling, offering, or supplying the gasoline demonstrates as an affirmative defense that the exceedance of the pertinent standard was caused by gasoline delivered to the retail outlet or bulk purchaser-consumer facility prior to February 14, 2004 (for the benzene content limit and the 60 parts per million sulfur content limit) or February 14, 2006 (for the 30 parts per million sulfur content limit) or delivered to the retail outlet or bulk purchaser-consumer facility directly from a bulk plant prior to March 31, 2004 (for the benzene content limit and the 60 parts per million sulfur content limit) or March 31, 2006 (for the 30 parts per million sulfur content limit). (3)Early Compliance with the CaRFG Phase 3 Standards Before December 31, 2003. (A) Any producer or importer wishing to supply from its production or import facility, before December 31, 2003, any final blends of gasoline subject to the CaRFG Phase 3 standards instead of the CaRFG Phase 2 standards may notify the executive officer of its wish to do so. The notification shall include all of the following: 1. The approximate date by which it intends to begin supplying from its production or import facility gasoline complying with the CaRFG Phase 3 standards if permitted to do so; 2. A reasonably detailed demonstration of the producer's or importer's ability and plans to begin supplying from its production or import facility substantial quantities of one or more grades of gasoline meeting the CaRFG Phase 3 standards on or after the date specified; (B)1. Within 15 days of receipt of a request under section 2261(b)(3)(A), the executive officer shall notify the producer or importer making the request either that the request is complete, or specifying what additional information is necessary to make the request complete. 2. Within 15 days of notifying the producer or importer that the request is complete, the executive officer shall either grant or deny the request. If the request is granted the executive officer shall specify the date on which producers and importers may start to supply from their production or import facilities final blends that comply with the CaRFG Phase 3 standards. The executive officer shall grant the request if he or she determines it is reasonably likely that the producer or importer making the request will start supplying substantial quantities of one or more grades of gasoline complying with the CaRFG Phase 3 standards reasonably soon after the date specified. If the executive officer denies the request, he or she shall provide the producer or importer with a written statement explaining the reason for denial. 3. Upon granting a request made under section 2261(b(3)(A), the executive officer shall notify interested parties of the date on which (i) producers and importers will be permitted to start supplying final blends of gasoline complying with the CaRFG Phase 3 standards, and (ii) the CaRFG Phase 2 cap limits for RVP and aromatics will become 7.20 psi and 35.0 volume percent respectively for gasoline downstream of the production or import facility. This notification shall be made by posting the pertinent information on the state board's Internet site, providing electronic mail notification to all persons subscribing to the state board's Fuels-General Internet electronic mail list, and mailing notice to all persons registered as motor vehicle fuel distributors under Health and Safety Code section 43026. 4. With respect to all final blends supplied from a production or import facility from the day specified by the executive officer in granting a request made under section 2261(b)(3)(A) through December 30, 2003, any producer or importer may comply with the CaRFG Phase 3 standards that apply starting December 31, 2003 as an alternative to the CaRFG Phase 2 standards. Whenever a producer or importer is supplying a final blend subject to the CaRFG Phase 3 standards pursuant to this section 2261(b)(3)(B)4., any notification required by sections 2264.2 or 2265(a) shall indicate that the final blend is subject to the CaRFG Phase 3 standards. When it is sold or supplied from the production or import facility, no such final blend may contain MTBE in concentrations greater than 0.60 volume percent, or contain a total of more than 0.10 weight percent oxygen collectively from all of the oxygenates identified in section 2262.6(c)(4) that have not received a determination by the California Environmental Council as described in section 2262.6(c)(1). (c) California gasoline sold or supplied on or after March 1, 1996, is also subject to section 2253.4 (Lead/Phosphorus in Gasoline), section 2254 (Manganese Additive Content), and section 2257 (Required Additives in Gasoline). California gasoline that is supplied from a small refiner's California refinery prior to March 1, 1998, and that qualifies for treatment under section 2272(a), shall also be subject to section 2250 (Degree of Unsaturation of Gasoline) and section 2252 (Sulfur Content of Gasoline). (d) The standards contained in this subarticle shall not apply to a sale, offer for sale, or supply of California gasoline to a refiner if: (1) the refiner further processes the gasoline at the refiner's refinery prior to any subsequent sale, offer for sale, or supply of the gasoline, and (2) in the case of standards applicable only to producers or importers, the refiner to whom the gasoline is sold or supplied is the producer of the gasoline pursuant to section 2260(a)(26)(B). (e) The prohibitions in sections 2262.3(b) and (c), 2262.4(b), and 2262.5(c) shall not apply to gasoline which a producer or importer demonstrates was neither produced nor imported by the producer or importer. (f) This subarticle 2, section 2253.4 (Lead/Phosphorus in Gasoline), section 2254 (Manganese Additive Content), and section 2257 (Required Additives in Gasoline) shall not apply to gasoline where the person selling, offering or supplying the gasoline demonstrates as an affirmative defense that the person has taken reasonably prudent precautions to assure that the gasoline is used only in racing vehicles. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2262. The California Reformulated Gasoline Phase 2 and Phase 3 Standards. The CaRFG Phase 2 and CaRFG Phase 3 standards are set forth in the following table. For all properties but Reid vapor pressure (cap limit only) and oxygen content, the value of the regulated property must be less than or equal to the specified limit. With respect to the Reid vapor pressure cap limit and the oxygen content flat and cap limit, the limits are expressed as a range, and the Reid vapor pressure and oxygen content must be less than or equal to the upper limit, and more than or equal to the lower limit. A qualifying small refiner may comply with the small refiner CaRFG Phase 3 standards, in place of the CaRFG Phase 3 standards in this section, in accordance with section 2272. The California Reformulated Gasoline Phase 2 and Phase 3 Standards Property Flat Limits Averaging Limits Cap Limits CaRFG CaRFG CaRFG CaRFG CaRFG CaRFG Phase 2 Phase 3 Phase 2 Phase 3 Phase 2 Phase 3 Reid Vapor 7.00 7.00 or Not Not 7.00 6.40- Pressure [FN1] [FN3] (pounds per 6.90 Applic- Applicab- 7.20 square inch) [FN2] able le Sulfur Content 40 20 30 15 80 60 [FN4] (parts 30 [FN4] per million by weight) Benzene Content 1.00 0.80 0.80 0.70 1.20 1.10 (percent by volume) Aromatics 25.0 25.0 22.0 22.0 30.0 35.0 Content [FN3] (percent by volume) Olefins Content 6.0 6.0 4.0 4.0 10.0 10.0 (percent by volume) T50 210 213 200 203 220 220 (degrees Fahrenheit) T90 300 305 290 295 330 330 [FN5] (degrees Fahrenheit) Oxygen Content 1.8 - 2.2 1.8 - 2.2 Not Not 1.8 [FN6] 1.8 - 3.5 [FN6] -3.5 [FN7] (percent Applic- Applic- 0 [FN6] - 0 [FN6] by able able 3.5 - 3.5 weight) [FN7] Methyl Not Prohibit- Not Not Not Prohibi- tertiary-butyl ed as ted as ether (MTBE) and Applicable provided Applic- Applic- Applicab- provided in able able le in oxygenates s 2262.6 s 2262.6 other than ethanol [FN1] The Reid vapor pressure (RVP) standards apply only during the warmer weather months identified in section 2262.4. [FN2] The 6.90 pounds per square inch (psi) flat limit applies only when a producer or importer is using the evaporative emissions model element of the CaRFG Phase 3 Predictive Model, in which case all predictions for evaporative emissions increases or decreases made using the evaporative emissions model are made relative to 6.90 psi and the gasoline may not exceed the maximum RVP cap limit of 7.20 psi. Where the evaporative emissions model element of the CaRFG Phase 3 Predictive Model is not used, the RVP of gasoline sold or supplied from the production or import facility may not exceed 7.00 psi. [FN3] For sales, supplies, or offers of California gasoline downstream of the production or import facility starting on the date on which early compliance with the CaRFG Phase 3 standards is permitted by the executive officer under section 2261(b)(3), the CaRFG Phase 2 cap limits for Reid vapor pressure and aromatics content shall be 7.20 psi and 35.0 percent by volume respectively. [FN4] The CaRFG Phase 3 sulfur content cap limits of 60 and 30 parts per million are phased in starting December 31, 2003, and December 31, 2005, respectively, in accordance with section 2261(b)(1)(A). [FN5] Designated alternative limit may not exceed 310. [FN6] The 1.8 percent by weight minimum oxygen content cap only applies during specified winter months in the areas identified in section 2262.5(a). [FN7] If the gasoline contains more than 3.5 percent by weight oxygen from ethanol but no more than 10.0 volume percent ethanol, the maximum oxygen content cap is 3.7 percent by weight. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018, 43101 and 43830, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018, 43101, 43830 and 43830.8, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2262.1. Standards for Reid Vapor Pressure. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2262.2. Standards for Sulfur Content. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2262.3. Compliance With the CaRFG Phase 2 and CaRFG Phase 3 Standards for Sulfur, Benzene, Aromatic Hydrocarbons, Olefins, T50 and T90. (a) Compliance with cap limits. No person shall sell, offer for sale, supply, offer for supply, or transport California gasoline which exceeds an applicable cap limit for sulfur, benzene, aromatic hydrocarbons, olefins, T50 or T90 set forth in section 2262. (b) Compliance by producers and importers with the flat limits. No producer or importer shall sell, offer for sale, supply, or offer for supply from its production facility or import facility California gasoline which exceeds an applicable flat limit for the properties of sulfur, benzene, aromatic hydrocarbons, olefins, T50, or T90 set forth in section 2262, unless the gasoline (1) is subject to the averaging compliance option for the property in accordance with section 2264.2(a), (2) has been reported as a PM alternative gasoline formulation pursuant to section 2265(a), or (3) has been reported as a test-certified alternative gasoline formulation pursuant to section 2266(c). (c) Optional compliance by producers and importers with the averaging limits. No producer or importer shall sell, offer for sale, supply, or offer for supply from its production facility or import facility California gasoline which is subject to the averaging compliance option for the properties of sulfur, benzene, aromatic hydrocarbons, olefins, T50 or T90 in accordance with section 2264.2(a) if any of the following occurs: (1) The gasoline exceeds the applicable averaging limit for the property set forth in section 2262 and no designated alternative limit for the property has been established for the gasoline in accordance with the requirements of section 2264(a); or (2) A designated alternative limit for the property has been established for the gasoline in accordance with the requirements of section 2264(a), and the gasoline exceeds the designated alternative limit for that property; or (3) Where the designated alternative limit exceeds the averaging limit for the property, the exceedance is not fully offset in accordance with section 2264(c). Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2262.4. Compliance With the CaRFG Phase 2 and CaRFG Phase 3 Standards for Reid Vapor Pressure. (a)Compliance with the cap limits for Reid vapor pressure. (1) No person shall sell, offer for sale, supply, offer for supply, or transport California gasoline which exceeds the applicable cap limit for Reid vapor pressure within each of the air basins during the regulatory period set forth in section (a)(2). (2)Regulatory Control Periods. (A)April 1 through October 31 (May 1 through October 31 in 2003 and 2004): South Coast Air Basin and Ventura County San Diego Air Basin Mojave Desert Air Basin Salton Sea Air Basin (B)May 1 through September 30: Great Basin Valley Air Basin (C)May 1 through October 31: San Francisco Bay Area Air Basin San Joaquin Valley Air Basin Sacramento Valley Air Basin Mountain Counties Air Basin Lake Tahoe Air Basin (D)June 1 through September 30: North Coast Air Basin Lake County Air Basin Northeast Plateau Air Basin (E)June 1 through October 31: North Central Coast Air Basin South Central Coast Air Basin (Excluding Ventura County) (b)Compliance by producers and importers with the flat limit for Reid vapor pressure. (1)Reid vapor pressure standard for producers and importers. (A) In an air basin during the regulatory control periods specified in section (b)(2), no producer or importer shall sell, offer for sale, supply, or offer for supply from its production facility or import facility California gasoline which has a Reid vapor pressure exceeding the applicable flat limit set forth in section 2262 unless the gasoline has been reported as a PM alternative gasoline formulation pursuant to section 2265(a) using the evaporative emissions model element of the CaRFG Phase 3 Predictive Model. (B) In an air basin during the regulatory control periods specified in section (b)(2), no producer or importer shall sell, offer for sale, supply, or offer for supply from its production facility or import facility California gasoline which has been reported as a PM alternative gasoline formulation pursuant to section 2265(a) using the evaporative emissions model element of the CaRFG Phase 3 Predictive Model if the gasoline has a Reid vapor pressure exceeding the PM flat limit for Reid vapor pressure in the identified PM alternative specifications. (2)Regulatory control periods for production and import facilities. (A) 1.March 1 through October 31 (Except as otherwise provided in (A)2. and (A)3. below): South Coast Air Basin and Ventura County San Diego Air Basin Mojave Desert Air Basin Salton Sea Air Basin 2. In the areas identified in section 2262.4(b)(2)(A)1., California gasoline that is supplied March 1 through March 31, 2003 from a production or import facility that is qualified under this subsection is not subject to the prohibitions of section 2262.4(b)(1), as long as the gasoline either is designated as subject to the CaRFG Phase 3 standards, or is subject to the CaRFG Phase 2 standards and also meets the prohibitions in sections 2262.6(a)(1) and 2262.6(c) regarding the use of oxygenates. In order for a production or import facility to be qualified, the producer or importer must notify the Executive Officer in writing by February 14, 2003 that it has elected to have the facility be subject to this subsection during March 2003. 3. In the areas identified in section 2262.4(b)(2)(A)1., California gasoline that is supplied March 1 through March 31, 2004 from a production or import facility that was not qualified under section 2262.4(b)(2)(A)2. is not subject to the prohibitions of section 2262.4(b)(1). (B)April 1 through September 30: Great Basin Valley Air Basin (C)April 1 through October 31: San Francisco Bay Area Air Basin San Joaquin Valley Air Basin Sacramento Valley Air Basin Mountain Counties Air Basin Lake Tahoe Air Basin (D)May 1 through September 30: North Coast Air Basin Lake County Air Basin Northeast Plateau Air Basin (E)May 1 through October 31: North Central Coast Air Basin South Central Coast Air Basin (Excluding Ventura County) (c) Applicability. (1) Section (a)(1) shall not apply to a transaction occurring in an air basin during a regulatory control period in section (a)(2) where the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that, prior to the transaction, he or she has taken reasonably prudent precautions to assure that the gasoline will be delivered to a retail service station or bulk purchaser-consumer's fueling facility when the station or facility is not subject to a regulatory control period in section (a)(2). (2) Section (b) shall not apply to a transaction occurring in an air basin during the applicable regulatory control period for producers and importers where the person selling, supplying, offering or transporting the gasoline demonstrates as an affirmative defense that, prior to the transaction, he or she has taken reasonably prudent precautions to assure that the gasoline will be delivered to a retail service station or bulk purchaser-consumer's fueling facility located in an air basin not then subject to the regulatory control period for producers and importers set forth in section (b)(2). (3) Section (a)(1) shall not apply to a transaction occurring in an air basin during the regulatory control period where the transaction involves the transfer of gasoline from a stationary storage tank to a motor vehicle fuel tank and the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that the last delivery of gasoline to the stationary storage tank occurred more than fourteen days before the start of the regulatory control period. (4) Gasoline that is produced in California, and is then transported to the South Coast Air Basin, Ventura County, or the San Diego Air Basin by marine vessel shall be subject to the regulatory control periods for production and import facilities identified in section 2262.4(b)(2)(A). Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; andWestern Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018, 43101, 43830 and 43830.8, Health and Safety Code; andWestern Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2262.5. Compliance With the Standards for Oxygen Content. (a)Compliance with the minimum oxygen content cap limit standard in specified areas in the wintertime. (1) Within the areas and periods set forth in section (a)(2), no person shall sell, offer for sale, supply, offer for supply, or transport California gasoline unless it has an oxygen content of not less than the minimum oxygen content cap limit in section 2262. (2)(A) November 1 through February 29: South Coast Area Imperial County (B) October 1 through October 31, (1996 through 2002 only): South Coast Area (b)Compliance with the maximum oxygen content cap limit standard.No person shall sell, offer for sale, supply, or transport California gasoline which has an oxygen content exceeding the maximum oxygen content cap limit in section 2262, or which has an ethanol content exceeding 10.0 percent by volume. (c)Compliance by producers and importers with the flat limits for oxygen content. No producer or importer shall sell, offer for sale, supply, or offer for supply from its production or import facility California gasoline which has an oxygen content less than flat limit for minimum oxygen content, or more than flat limit for maximum oxygen content, unless the gasoline has been reported as a PM alternative gasoline formulation pursuant to section 2265(a) or as an alternative gasoline formulation pursuant to section 2266(c), and complies with the standards contained in sections (a) and (b). (d)Restrictions on adding oxygenates to California gasoline after it has been supplied from the production or import facility. (1)Basic Restriction. No person may add oxygenates to California gasoline after it has been supplied from the production or import facility at which it was produced or imported, except where the person adding the oxygenates demonstrates that: [i] the gasoline to which the oxygenates are added has been reported as a PM alternative gasoline formulation pursuant to section 2265(a), or as an alternative gasoline formulation pursuant to section 2266(c), and has not been commingled with other gasoline, and [ii] both before and after the person adds the oxygenate to the gasoline, the gasoline has an oxygen content within the oxygen content specifications of the applicable PM alternative gasoline formulation or alternative gasoline formulation. Nothing in this section (d) prohibits adding oxygenates to CARBOB. (2)Bringing gasoline into compliance with the minimum oxygen content cap limit. Notwithstanding section (d)(1), a person may add an oxygenate that is not prohibited under section 2262.6 to California gasoline that does not comply with an applicable minimum oxygen content cap limit under sections 2262 and 2262.5(a), where the person obtains the prior approval of the executive officer based on a demonstration that adding the oxygenate is necessary to bring the gasoline into compliance with the minimum oxygen content cap limit. (e)Application of prohibitions. (1) Section (a) shall not apply to a transaction occurring in the areas and periods shown in (a)(2) where the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that, prior to the transaction, he or she has taken reasonably prudent precautions to assure that the gasoline will not be delivered to a retail service station or bulk purchaser-consumer's fueling facility in the areas and periods shown in (a)(2). (2)(A) Section (a) shall not apply to a transaction occurring in the South Coast Area in October 2000, 2001, 2002, or 2003, where the transaction involves the transfer of gasoline from a stationary storage tank to a motor vehicle fuel tank and the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that the last delivery of gasoline to the stationary storage tank occurred no later than September 16 of that year. (B) Section (a) shall not apply to a transaction occurring in November either in Imperial County or, starting in 2004, in the South Coast Area, where the transaction involves the transfer of gasoline from a stationary storage tank to a motor vehicle fuel tank and the person selling, supplying, or offering the gasoline demonstrates as an affirmative defense that the last delivery of gasoline to the stationary storage tank occurred no later than October 17 of that year. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2262.6. Prohibition of MTBE and Oxygenates Other Than Ethanol in California Gasoline Starting December 31, 2003. (a)Basic MTBE prohibitions. (1) Starting December 31, 2003, no person shall sell, offer for sale, supply or offer for supply California gasoline which has been produced at a California production facility in part by either (i) adding at the California production facility any methyl tertiary-butyl ether (MTBE) in neat form to the California gasoline or to a blending component used in the gasoline; or (ii) using a blending component that contained greater than 0.60 volume percent MTBE when it was supplied to the California production facility. (2) No person shall sell, offer for sale, supply or offer for supply California gasoline which contains MTBE in concentrations greater than: 0.60 volume percent starting December 31, 2003, 0.30 volume percent starting July 1, 2004, 0.15 volume percent starting December 31, 2005, and 0.05 volume percent starting July 1, 2007. (b)Phase-in of MTBE prohibitions. (1)Phase-in of MTBE prohibitions starting December 31, 2003, and 2005.In the first year in which a prohibition applies under section 2262.6(a) starting on December 31, the prohibition shall be phased in as follows: (A) Starting December 31, for all sales, supplies, or offers of California gasoline by a producer or importer from its production facility or import facility. (B) Starting the following February 14, for all other sales, supplies, offers or movements of California gasoline except for transactions directly involving: 1. the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, or 2. the delivery of gasoline from a bulk plant to a retail outlet or bulk purchaser-consumer facility. (C) Starting the following March 31, for all remaining sales, supplies, offers or movements of California gasoline, including transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility. (2)Phase-in of MTBE prohibitions starting July 1, 2004 and 2007. In the first year in which a prohibition applies under section 2262.6(a) starting on July 1, the prohibition shall be phased in as follows (A) Starting July 1, for all sales, supplies, or offers of California gasoline by a producer or importer from its production facility or import facility. (B) Starting the following August 15, for all other sales, supplies, offers or movements of California gasoline except for transactions directly involving: 1. the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, or 2. the delivery of gasoline from a bulk plant to a retail outlet or bulk purchaser-consumer facility. (C) Starting the following October 1, for all remaining sales, supplies, offers or movements of California gasoline, including transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility. (3)Phase-in for low-throughput fueling facilities. The prohibitions in section (a) starting respectively on December 31, 2003, July 1, 2004, December 31, 2005, and July 1, 2007, shall not apply to transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, where the person selling, offering, or supplying the gasoline demonstrates as an affirmative defense that the exceedance of the standard was caused by gasoline delivered to the retail outlet or bulk purchaser-consumer facility prior to the date on which the delivery became subject to the prohibition pursuant to the phase-in provisions in section (b). (c)Use of oxygenates other than ethanol or MTBE in California gasoline on or after December 31, 2003. (1) Starting December 31, 2003, no person shall sell, offer for sale, supply or offer for supply California gasoline which has been produced at a California production facility with the use of any oxygenate other than ethanol or MTBE unless a multimedia evaluation of use of the oxygenate in California gasoline has been conducted and the California Environmental Policy Council established by Public Resources Code section 71017 has determined that such use will not cause a significant adverse impact on the public health or the environment. (2) Starting December 31, 2003, no person shall sell, offer for sale, supply or offer for supply California gasoline which contains a total of more than 0.10 weight percent oxygen collectively from all of the oxygenates identified in section (c)(4), other than oxygenates not prohibited by section (c)(1). (3) Starting July 1, 2004, no person shall sell, offer for sale, supply or offer for supply California gasoline which contains a total of more than 0.06 weight percent oxygen collectively from all of the oxygenates identified in section (c)(4), other than oxygenates not prohibited by section (c)(1). (4)Covered oxygenates. Oxygen from the following oxygenates is covered by the prohibitions in section 2262.6(c)(1), (2) and (3): Methanol Isopropanol n-Propanol n-Butanol iso-Butanol sec-Butanol tert-Butanol Tert-pentanol (tert-amylalcohol) Ethyltert-butylether (ETBE) Diisopropylether (DIPE) Tert-amylmethylether (TAME) (5) The prohibitions in section 2262.6(c)(1) and (2), and in section 2262.6(c)(3), shall be phased in respectively as follows: (A) Starting December 31, 2003 and July 1, 2004 respectively for all sales, supplies, or offers of California gasoline by a producer or importer from its production facility or import facility. (B) Starting February 14, 2004 and August 15, 2004 respectively for all other sales, supplies, offers or movements of California gasoline except for transactions directly involving: 1. the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, or 2. the delivery of gasoline from a bulk plant to a retail outlet or bulk purchaser-consumer facility. (C) Starting March 31, 2004 and September 30, 2004 respectively for all remaining sales, supplies, offers or movements of California gasoline, including transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility. (6)Phase-in for low-throughput fueling facilities. The prohibitions in section 2262.6(c)(1) and (2), and in section 2262.6(c)(3), starting respectively on December 31, 2003 and July 1, 2004, shall not apply to transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, where the person selling, offering, or supplying the gasoline demonstrates as an affirmative defense that the exceedance of the standard was caused by gasoline delivered to the retail outlet or bulk purchaser-consumer facility prior to the date on which the delivery became subject to the prohibition pursuant to the phase-in provisions in section 2262.6(c)(5). Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2262.7. Standards for Aromatic Hydrocarbon Content. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2262.9. Requirements Regarding Denatured Ethanol Intended For Use as a Blend Component in California Gasoline. (a) Standards. (1) Standards for denatured ethanol.Starting December 31, 2003, no person shall sell, offer for sale, supply or offer for supply denatured ethanol intended for blending with CARBOB or California gasoline that fails to comply with any of the following standards: (A) Standards for properties regulated by the CaRFG Phase 3 standards. 1. A sulfur content not exceeding 10 parts per million; 2. A benzene content not exceeding 0.06 percent by volume; and 3. An olefins content not exceeding 0.5 percent by volume; and 4. An aromatic hydrocarbon content not exceeding 1.7 percent by volume. (B) Standards based on ASTM D 4806-99.All test methods and standards identified in the title and the table below are incorporated herein by reference. Specification Value Test method Ethanol, vol.%, min. 92.1 ASTM D 5501-94(1998) Methanol, vol.%, max. 0.5 Solvent-washed gum, mg/100 5.0 ASTM D 381-00, air jet ml, max. apparatus Water content, vol.%, max. 1 ASTM E 203-96 or E 1064-00 Denaturant content, vol.%, min. 1.96 vol.% max. 4.76 The only denaturants shall be natural gasoline, gasoline components, or unleaded gasoline. Inorganic Chloride content, 40 (32) Modification of ASTM mass ppm (mg/l), max. D512-89(1999), Procedure C 1 Copper content, mg/kg, max. 0.1 Modification of ASTM D1688-95, Test Method A 2 Acidity (as acetic acid), mass 0.007 (56) ASTM D 1613-96 (1999) % (mg/l), max. pHe 6.5 - 9.0 ASTM D 6423-99 Appearance Visibly free of Determined at indoor suspended or precipitated ambient temperature contaminants unless otherwise agreed (clean and upon between the bright) supplier and purchaser ____________ Note 1: The modification of ASTM D 512-89(1999), Procedure C consists of using 5 ml of sample diluted with 20 ml of water in place of the 25 ml sample specified in the standard procedure. The water shall meet ASTM D 1193-99, Type II. The volume of the sample prepared by this modification will be slightly larger than 25 ml. To allow for the dilution factor, report the chloride ion present in the fuel ethanol sample as the chloride ion present in the diluted sample multiplied by five. Note 2: The modification of ASTM D 1688-95, Test Method A (atomic absorption) consists of mixing reagent grade ethanol (which may be denatured according to the U.S. Bureau of Alcohol, Tobacco, and Firearms (BATF) of the U.S. Treasury Department Formula 3A or 30, as set forth in 27 CFR sections 21.35 and 21.57, as in effect April 1, 2001) in place of water as the solvent or diluent for the preparation of reagents and standard solutions. However, this must not be done to prepare the stock copper solution described in 11.1 of ASTM D 1688-95. Because a violent reaction may occur between the acid and the ethanol, use water, as specified, in the acid solution part of the procedure to prepare the stock copper solution. Use ethanol for the rinse and dilution only. (2) Exemption. (A) Inapplicability of basic standards.The standards in section (a)(1)(A) do not apply to a quantity of denatured ethanol sold, offered for sale, supplied, or offered for supply by a person who demonstrates as an affirmative defense that: 1. The person has complied with section (c)(1)(B); and 2. He or she has taken reasonably prudent precautions to assure that the denatured ethanol will only be added to CARBOB which has been designed to be lawfully oxygenated with denatured ethanol having the properties identified in the document provided pursuant to section (c)(1)(B). (B) Substitute standards.Starting December 31, 2003, no person shall sell, offer for sale, supply or offer for supply denatured ethanol that is intended for blending with CARBOB or California gasoline and is exempt pursuant to section (a)(2)(A), if the denatured ethanol fails to comply with any of the properties identified in the document provided pursuant to section (c)(1)(B). (3)Standards for products represented as appropriate for use as a denaturant in ethanol. (A) Except as otherwise provided in section (a)(3)(B), starting December 31, 2003, no person shall sell, offer for sale, supply or offer for supply a product represented as appropriate for use as a denaturant in ethanol intended for blending with CARBOB or California gasoline, if the denaturant has: 1. A benzene content exceeding 1.10 percent by volume; or 2. An olefins content exceeding 10.0 percent by volume; or 3. An aromatic hydrocarbon content exceeding 35.0 percent by volume. (B) A person may sell, offer for sale, supply or offer for supply a product that is represented as only suitable for use as an ethanol denaturant in ethanol intended for blending with CARBOB or California gasoline if the denatured ethanol contains no more than a specified percentage of the denaturant that is less than 4.76 percent. In this case, the product must be prominently labeled as only lawful for use as a denaturant where the denatured ethanol contains no more than the specified percentage of the denaturant, and the seller, supplier or offeror must take reasonably prudent precautions to assure that the denaturant will not be used in concentrations greater than the specified percentage in ethanol intended for blending with CARBOB or California gasoline. If these conditions are met, the standards in section (a)(3)(A) for the denaturant will be adjusted by multiplying the stated values by (4.76 / max.%), where "max.%" is the maximum percentage of denaturant specified for the denatured ethanol. (b)Test Methods. (1) In determining compliance with the denatured ethanol standards in section (a)(1)(A): (A) The sulfur content of denatured ethanol shall be determined by ASTM D 5453- 93, which is incorporated herein by reference. (B) The aromatic hydrocarbon, benzene and olefins content of denatured ethanol shall be determined by sampling the denaturant and using the methods specified in section 2263 to determine the content of those compounds in the denaturant. The result will then be multiplied by 0.0476, except that where it is demonstrated that the denatured ethanol contains less than 4.76 percent denaturant, the result will be multiplied by the decimal fraction representing the percent denaturant. (2) In determining compliance with the denaturant standards in section (a)(3), the aromatic hydrocarbon, benzene and olefins content of the denaturant shall be determined by the methods specified in section 2263 for determining the content of those compounds in gasoline. (c)Documentation required for the transfer of denatured ethanol intended for use as a blend component in California gasoline. (1)(A) Starting December 31, 2003, and except as provided in section (c)(1)(B), on each occasion that any person transfers custody or title of denatured ethanol intended for use as a blend component in California gasoline, the transferor shall provide the transferee a document that prominently states that the denatured ethanol complies with the standards for denatured ethanol intended for use as a blend component in California gasoline. (B) Starting December 31, 2003, on each occasion that any person transfers custody or title of denatured ethanol that is intended to be added to CARBOB designated for blending with denatured ethanol exceeding any of the standards in section (a)(1)(A), the transferor shall provide the transferee a document that prominently identifies the maximum sulfur, benzene, olefin and aromatic hydrocarbon content of the denatured ethanol, and states that the denatured ethanol may only be lawfully added to CARBOB that is designated for blending with denatured ethanol having such properties. (2) Starting December 31, 2003, any person who sells or supplies denatured ethanol intended for use as a blend component in California gasoline from the California facility at which it was imported or produced shall provide the purchaser or recipient a document that identifies: (A) The name and address of the person selling or supplying the denatured ethanol, and identification of the person as the producer or importer of the denatured ethanol; and (B) With respect to imported denatured ethanol, the name, location and operator of the facility(ies) at which the ethanol was produced and at which the denaturant was added to the ethanol. As an alternative, the document provided to the purchaser or recipient may identify the date and time the ethanol was supplied from its import or production facility, and state that the person selling or supplying the denatured ethanol from the California facility at which it was imported or produced maintains at the facility a list of the name, location, and operator of all of the facilit(ies) at which the ethanol was produced and at which the denaturant was added to the ethanol. In this case, the person shall for at least two years maintain such information, and records identifying the entities that produced the ethanol and added the denaturant in each batch of denatured ethanol imported to the facility; during that two year period, the person shall make the information and records, available to the Executive Officer within five days after a request for the material. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018, 43101 and 43830.8, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2263. Sampling Procedures and Test Methods. (a)Sampling Procedures. In determining compliance with the standards set forth in this subarticle 2, an applicable sampling methodology set forth in 13 C.C.R. section 2296 shall be used. (b)Test Methods. (1) In determining compliance with the gasoline standards set forth in this subarticle 2, including those in the sections identified in Table 1, the test methods presented in Table 1 shall be used. All identified test methods are incorporated herein by reference. Table 1 Section Gasoline Specification Test Method [FNa] 2262 Reid Vapor Pressure ASTM D 323-58 [FNb] or or 13 C.C.R. Section 2297 2262 Sulfur Content ASTM D 2622-94 [FNc, d] or ASTM D 5453-93 2262 Benzene Content ASTM D 5580-00 [FNe] 2262 Olefin Content ASTM D 1319-95a [FNf] (Through December 31, 2001) ASTM D 6550-00 [FNg,h,i] (Starting January 1, 2002) 2262 Oxygen Content ASTM D 4815-99 2262 T90 and T50 ASTM D 86-99ae1 2262 Aromatic Hydrocarbon ASTM D 5580-00 [FNj] Content 2262.5(b) Ethanol Content ASTM D 4815-99 2262.6 MTBE Content ASTM D 4815-99 2262.6(c) Oxygen from oxygenates ASTM D 4815-99 identified in section 2262.6(c)(4) --------- [FNa] Do not report values below the limit of detection (LOD) specified in the test method. Where a test method does not specify a LOD, do not report values below the lower limit of the scope of the test method. [FNb] Delete paragraph 4(b) concerning sampling. [FNc] Make the following modifications to paragraph 9.1: Low Level Sulfur Calibration Procedure Reagents Thiophene, at least 99% purity 2-Methylthiophene, at least 98% purity Toluene, reagent grade 2,2,4-Trimethylpentane, reagent grade Preparation of Stock Standard Weigh standard materials thiophene (° 0.7290 gm) and 2-methylthiophene (° 0.7031 gm) separately into a tared volumetric flask and record the individual mass to 0.1 mg. Add "mixed solvent" containing 25% toluene and 75% iso-octane (by volume) into the flask to a net weight of approximately 50 gm and record the weight. This "Stock Standard" contains approximately 10 mg/gm sulfur. The actual sulfer concentration can be calculated as follows: Sulfur from thiophene (gm) = Weight of thiophene *32.06* purity/84.14 Sulfur from 2-methylthiophene (gm) = Weight of 2-methylthiophene *32.06* purity/98.17 Sulfur concentration of Stock Standard (gm/gm) = (sulfur from thiophene + sulfur from 2-methylthiophene)/net weight of the stock standard Multiply the sulfur concentration by 1000 to convert the unit to mg/gm. Preparation of Calibration Standards Pipet 2.5 ml of the Stock Standard to 250 ml flask and dilute with the "mixed solvent" to the mark. The "Diluted Standard" contains approximately 100 mg/kg sulfur. Prepare 5, 10, 20, 30, 50, 75 ppm calibration standards by pipetting 5, 10, 20, 30, 50, 75 ml of the Diluted Standard into a 100 ml flask, respectively, and diluting with the "mixed solvent" to the mark. The actual concentration of the calibration standard should be determined from the stock standard. The standards with concentration ranging from 5 to 100 ppm and the "mixed solvent" are to be used for calibrating the instrument. [FNd] Replace ASTM D 2622-94 reproducibility values with the following: Sulfur Content, ppm Reproducibility 10 to 30 40.5xSulfur Content (ppm)Sulfur Content (ppm) >30 19.2x Sulfur Content (ppm) [FNe] The reproducibility of benzene is as follows: Reproducibility = 0.1409 (x 1.133), where X = vol %) [FNf] Add the following reproducibility statement for oxygenate-containing samples: Range Reproducibility Olefins 0.3 - 33 0.819(X) 0.6 X = Volume % [FNg]g Replace ASTM D6550-00 reproducibility equation with the following: Reproducibility = 0.32 X0.5 where X is between 0.3 and 25 mass % olefin [FNh]h The conversion from mass % olefin to volume % olefin is defined as follows: volume % olefin = 0.857 * mass % olefin [FNi]i Replace the last sentence in ASTM D6550-00 section 1.1 with the following: The application range is from 0.3 to 25 mass % total olefins. [FNj]j The reproducibility of total aromatic hydrocarbon is as follows: Reproducibility = 1.4 volume% (c)Equivalent Test Methods. Whenever this section provides for the use of a specified test method, another test method may be used following a determination by the executive officer that the other method produces results equivalent to the results with the specified method. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2263.7. Multiple Notification Requirements. Where a producer or importer is subject to multiple notification requirements pursuant to sections 2264(a)(2)(A), 2264.2(a)(2), 2264.2(b)(2), 2265(a)(2), 2266(c) or 2266.5(b), the producer shall combine the notifications to the extent practicable. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2264. Designated Alternative Limits. (a) Assignment of a designated alternative limit. (1) A producer or importer that has elected to be subject to an averaging limit specified in section 2262 may assign a designated alternative limit to a final blend of California gasoline produced or imported by the producer or importer by satisfying the notification requirements in this section (a). In no case shall a designated alternative limit be less than the sulfur, benzene, olefin or aromatic hydrocarbon content, or T90 or T50, of the final blend shown by the sample and test conducted pursuant to section 2270, or section 2266.5(a), as applicable. If a producer or importer intends to assign designated alternative limits for more than one gasoline specification to a given quantity of gasoline, the party shall identify the same final blend for all designated alternative limits for the gasoline. (2)(A) The producer or importer shall notify the executive officer of the estimated volume (in gallons), the designated alternative limit, the blend identity, and the location of each final blend receiving a designated alternative limit. This notification shall be received by the executive officer before the start of physical transfer of the gasoline from the production or import facility, and in no case less than 12 hours before the producer or importer either completes physical transfer or commingles the final blend. A producer or importer may revise the reported estimated volume, as long as notification of the revised volume is received by the executive officer no later than 48 hours after completion of the physical transfer of the final blend from the production or import facility. If notification of the revised volume is not timely received by the executive officer, the reported estimated volume shall be deemed the reported actual volume. (B) For each final blend receiving a designated alternative limit exceeding an applicable averaging limit in section 2262, the producer or importer shall notify the executive officer of the date and time of the start of physical transfer from the production or import facility, within 24 hours after the start of such physical transfer. For each final blend receiving a designated alternative limit less than an applicable averaging limit in section 2262, the producer or importer shall notify the executive officer of the date and time of the completion of physical transfer from the production or import facility, within 24 hours after the completion of such physical transfer. (3) If, through no intentional or negligent conduct, a producer or importer cannot report within the time period specified in (a)(2) above, the producer or importer may notify the executive officer of the required data as soon as reasonably possible and may provide a written explanation of the cause of the delay in reporting. If, based on the written explanation and the surrounding circumstances, the executive officer determines that the conditions of this section (a)(3) have been met, timely notification shall be deemed to have occurred. (4) The executive officer may enter into a written protocol with any individual producer or importer for the purposes of specifying how the requirements in section (a)(2) and (c) shall be applied to the producer's or importer's particular operations, as long as the executive officer reasonably determines that application of the regulatory requirements under the protocol is not less stringent or enforceable than application of the express terms of section (a)(2) and (c). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol. (5) Whenever the final blend of a producer or importer includes volumes of gasoline the party has produced or imported and volumes the party has neither produced nor imported, the producer's or importer's designated alternative limit shall be assigned and applied only to the volume of gasoline the party has produced or imported. In such a case, the producer or importer shall report to the executive officer in accordance with section (a) both the volume of gasoline produced and imported by the party, and the total volume of the final blend. The party shall also additionally report the sulfur content, benzene content, olefin content, aromatic hydrocarbon content, T90, and T50, as applicable, of the portion of the final blend neither produced nor imported by the party, determined as set forth in section 2270(b), or section 2266.5(a)(2), as applicable. (b) Additional prohibitions regarding gasoline to which a designated alternative limit has been assigned. (1) No producer or importer shall sell, offer for sale, or supply California gasoline in a final blend to which the producer or importer has assigned a designated alternative limit exceeding an applicable averaging limit in section 2262, where the total volume of the final blend sold, offered for sale, or supplied exceeds the volume reported to the executive officer pursuant to section (a). (2) No producer or importer shall sell, offer for sale or supply California gasoline in a final blend to which the producer or importer has assigned a designated alternative limit less than an applicable averaging limit in section 2262, where the total volume of the final blend sold, offered for sale, or supplied is less than the volume reported to the executive officer pursuant to section (a). (c) Offsetting exceedances of an applicable averaging limit. (1) With respect to each property for which a producer or importer has elected to be subject to the averaging limit in section 2262, within 90 days before or after the start of physical transfer from a production or import facility of any final blend of California gasoline to which a producer has assigned a designated alternative limit for the property exceeding the applicable averaging limit in section 2262, the producer or importer shall complete physical transfer from the same production or import facility of California gasoline in sufficient quantity and with a designated alternative limit sufficiently below the applicable averaging limit in section 2262 to fully offset the extent to which the gasoline exceeded the applicable averaging limit in section 2262. In the case of benzene, olefins, or aromatic hydrocarbons, the total volume of benzene, olefins, or aromatic hydrocarbons in excess of the averaging limit must be offset within the specified time period; the total mass of sulfur and the degree gallons of T50 and T90 in excess of the averaging limit must be similarly offset. For example, within 90 days before or after the start of physical transfer from a production or import facility of any final blend of California gasoline to which a producer has assigned a designated alternative limit for olefin exceeding 4.0 percent by volume, the producer or importer shall complete physical transfer from the same production or import facility of California gasoline in sufficient quantity and with a designated alternative limit sufficiently below 4.0 percent by volume to offset the volume of the olefins in excess of a limit of 4.0 percent by volume. (2) A producer or importer may enter into a protocol with the Executive Officer under which the producer or importer is allowed to have up to six separate averaging banks at a single production or import facility, applicable to operationally distinct products (e.g. different grades of gasoline or oxygenated and nonoxygenated). The offset requirements will apply independently for each separate averaging bank. Once averaging is selected for a particular product, the compliance scheme for that product may only be changed if the change meets the applicable criteria and conditions in sections 2264.2 and 2265(c) with respect to that product. The protocol shall specify how the requirements in section (a)(2) and (c)(1) will be applied to the producer's or importer's particular operations and the separate averaging banks. In order to enter into the protocol, the Executive Officer must determine that application of the requirements under the protocol will not be less stringent or enforceable than application of the express terms of sections (a)(2) and (c). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol. (d) Designated alternative limits for PM alternative gasoline formulations. The producer or importer of a final blend of California gasoline that is subject to the PM averaging compliance option for one or more properties may assign a designated alternative limit to the final blend by satisfying the notification requirements of section 2264(a). The producer or importer of such a final blend shall be subject to all of the provisions of this section 2264, except that, with respect to that final blend, the PM averaging limit (if any) for for each property subject to the PM averaging compliance option shall replace any reference in this section 2264 to the averaging limit specified in section 2262. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2264.2. Election of Applicable Limit for Gasoline Supplied From a Production or Import Facility. (a) Election of the averaging compliance option. (1) A producer or importer selling or supplying a final blend of gasoline from its production or import facility may elect pursuant to this section 2264.2(a) to have the final blend subject to the averaging compliance option for one or more of the following properties: sulfur, benzene, olefins, aromatic hydrocarbons, T90 or T50. Once a producer or importer has made such an election for a gasoline property, all final blends subsequently sold or supplied from the production or import facility shall be subject to the averaging compliance option for that property until the producer or importer either (A) elects in accordance with section 2264.2(b) to have a final blend at the facility subject to the flat limit compliance option for that property, or (B) elects in accordance with section 2265(a) to sell or supply a final blend at the facility as a PM alternative gasoline formulation, or (C) elects in accordance with section 2266(c) to sell or supply a final blend at the facility as an alternative gasoline formulation. (2) In order to elect to have a final blend subject to the averaging option for a gasoline property, the producer or importer shall notify the executive officer of such election and of the information identified in section 2264(a)(2)(A), within the time limits set forth in section 2264(a)(2)(A) and subject to section 2264(a)(3) and (4). (b) Election of flat limit compliance option. (1) A producer or importer selling or supplying a final blend of gasoline from its production or import facility may elect to have the final blend subject to the flat limit compliance option in accordance with this section 2264.2(b). No such election may be made if there are outstanding requirements to provide offsets for the gasoline property at the facility pursuant to section 2264(c). (2) In order to elect to have a final blend subject to the flat limit compliance option for a gasoline property, the producer or importer shall notify the executive officer of such election and of the blend identity and the location of the final blend, within the time limits set forth in section 2264(a)(2)(A) and subject to section 2264(a)(3) and (4). (3) Once a producer or importer has made an election under this section 2264.2(b) with respect to a gasoline property, all final blends subsequently sold or supplied from the production or import facility shall be subject to the flat limit compliance option for that property until the producer or importer either (A) elects in accordance with section 2264.2(a) to have a final blend at the facility subject to the averaging compliance option for that property, or (B) elects in accordance with section 2265(a) to sell or supply a final blend at the facility as a PM alternative gasoline formulation, or (C) elects in accordance with section 2266(c) to sell or supply a final blend at the facility as an alternative gasoline formulation. (4) Once a producer or importer has made an election under this section 2264.2(b) with respect to a gasoline property of a final blend at a production or import facility, the producer or importer may not use any previously assigned designated alternative limit for that property to provide offsets pursuant to section 2264(c) for any final blend sold or supplied from the production or import facility subsequently to the election. (c) Inapplicability to elections for PM alternative gasoline formulations. Any election for a final blend to be subject to a PM averaging compliance option or a PM flat limit compliance option shall be made in accordance with section 2265 rather than this section 2264.2. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2264.4. Extensions of the 90-Day Offset Period Under the Averaging or PM Averaging Compliance Options in 1996 and 1997. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2265. Gasoline Subject to PM Alternative Specifications Based on the California Predictive Model. (a) Election to sell or supply a final blend as a PM alternative gasoline formulation. (1) In order to sell or supply from its production facility or import facility a final blend of California gasoline as a PM alternative gasoline formulation subject to PM alternative specifications, a producer or importer shall satisfy the requirements of this section (a). (2) The producer or importer shall evaluate the candidate PM alternative specifications for gasoline subject to the CaRFG Phase 2 standards in accordance with the Air Resources Board's "California Procedures for Evaluating Alternative Specifications for Phase 2 Reformulated Gasoline Using the California Predictive Model," as adopted April 20, 1995 and last amended December 11, 1998, which is incorporated herein by reference. The producer or importer shall evaluate the candidate PM alternative specifications for gasoline subject to the CaRFG Phase 3 standards in accordance with the Air Resources Board's "California Procedures for Evaluating Alternative Specifications for Phase 3 Reformulated Gasoline Using the California Predictive Model," as corrected November 18, 2004, which is incorporated herein by reference (the two documents incorporated by reference in this section 2265(a)(2) are collectively referred to as the "Predictive Model Procedures"). If the PM alternative specifications meet the criteria for approval in the applicable Predictive Model Procedures, the producer shall notify the executive officer of: (A) The identity and location of the final blend; (B) the PM alternative specifications that will apply to the final blend, including for each specification whether it applies as a PM flat limit or a PM averaging limit; and (C) the numerical values for percent change in emissions for oxides of nitrogen, hydrocarbons, and potency-weighted toxic air contaminants as determined in accordance with the applicable Predictive Model Procedures. The notification shall be received by the executive officer before the start of physical transfer of the gasoline from the production or import facility, and in no case less than 12 hours before the producer or importer either completes physical transfer or commingles the final blend. (3) Once a producer or importer has notified the executive officer pursuant to this section 2265(a) that a final blend of California gasoline is being sold or supplied from a production or import facility as a PM alternative gasoline formulation, all final blends of California gasoline subsequently sold or supplied from that production or import facility shall be subject to the same PM alternative specifications until the producer or importer either (A) designates a final blend at that facility as a PM alternative gasoline formulation subject to different PM alternative specifications, (B) elects in accordance with section 2264.2 to have a final blend at that facility subject to flat limit compliance options and/or averaging compliance options, or (C) elects in accordance with section 2266(c) to sell a final blend at that facility as an alternative gasoline formulation. (4) The executive officer may enter into a written protocol with any individual producer or importer for the purposes of specifying how the requirements in section (a)(2) shall be applied to the producer's or importer's particular operations, as long as the executive officer reasonably determines that application of the regulatory requirements under the protocol is not less stringent or enforceable than application of the express terms of section (a)(2). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol. (5) If, through no intentional or negligent conduct, a producer or importer cannot report within the time period specified in section (a)(2) above, the producer or importer may notify the executive officer of the required data as soon as reasonably possible and may provide a written explanation of the cause of the delay in reporting. If, based on the written explanation and the surrounding circumstances, the executive officer determines that the conditions of this section (a)(5) have been met, timely notification shall be deemed to have occurred. (b)Prohibited activities regarding PM alternative gasoline formulations. (1) No producer or importer shall sell, offer for sale, supply, or offer for supply from its production or import facility California gasoline which is reported pursuant to section 2265(a) as a PM alternative gasoline formulation subject to PM alternative specifications if any of the following occur: (A) The identified PM alternative specifications do not meet the criteria for approval in the applicable Predictive Model Procedures; or (B) The producer was prohibited by section 2265(c) from electing to sell or supply the gasoline as a PM alternative gasoline formulation; or (C) The gasoline fails to conform with any PM flat limit in the identified PM alternative specifications (see section 2262.4(b) in the case of specifications for Reid vapor pressure); or (D) With respect to any property for which the producer or importer has identified a PM averaging limit. 1. the gasoline exceeds the applicable PM average limit, and no designated alternative limit for the property has been established for the gasoline in accordance with section 2264(a); or 2. a designated alternative limit for the property has been established for the gasoline in accordance with section 2264(a), and either of the following occur: a. The gasoline exceeds the designated alternative limit for the property, or b. Where the designated alternative limit for the property exceeds the PM averaging limit, the exceedance is not fully offset in accordance with the applicable provisions in section 2264(c). (2) Where a producer or importer has elected to sell or supply a final blend of California gasoline as a PM alternative gasoline formulation in accordance with this section 2265, the final blend shall not be subject to section 2262.3(b) and (c), section 2262.4(b), and section 2262.5(c). (c) Restrictions associated with elections to sell or supply final blends as PM alternative gasoline formulations. (1) A producer or importer may not elect to sell or supply from its production or import facility a final blend of California gasoline as a PM alternative gasoline formulation if the producer or importer is subject to any outstanding requirements to provide offsets at the same production or import facility pursuant to section 2264(c). (2) Once a producer or importer has elected to sell or supply from its production or import facility a final blend of California gasoline as a PM alternative gasoline formulation subject to a PM averaging compliance option for one or more properties, the producer or importer may not elect any other compliance option, including another PM alternative gasoline formulation, if there are outstanding requirements to provide offsets for such property or properties pursuant to section 2264(c). However, this section (c)(2) shall not preclude a producer or importer under the circumstances described above from electing another PM alternative gasoline formulation where: (A) the only changes are that either: 1. PM flat limits for one or more properties are changed to PM averaging limits, or 2. a single PM averaging limit for which there are no outstanding requirements to provide offsets is changed to a PM flat limit, and (B) there are no changes to the PM alternative specifications for the remaining properties, and (C) the new PM alternative formulation meets the criteria for approval in the applicable Predictive Model Procedures. (3) Once a producer or importer has elected to sell or supply from its production or import facility a final blend of California gasoline as a PM alternative gasoline formulation, the producer or importer may not use any previously assigned designated alternative limit for a property to provide offsets pursuant to section 2264(c) for any final blend sold or supplied from the production or import facility subsequent to the election. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2266. Certified Gasoline Formulations Resulting in Equivalent Emission Reductions Based on Motor Vehicle Emissions Testing. (a) Certification of test-certified alternative gasoline formulations. Following application by a producer or importer, the executive officer may certify, and identify alternative specifications for, a test-certified alternative gasoline formulation pursuant to the Air Resources Board's "California Procedures for Evaluating Alternative Specifications for Gasoline Using Vehicle Emissions Testing," as last amended April 25, 2001, which is incorporated herein by reference. (b) Prohibited activities regarding test-certified alternative gasoline formulations. (1) No producer or importer shall sell, offer for sale, supply, or offer for supply from its production facility or import facility California gasoline which has been reported pursuant to section (c) as a test-certified alternative gasoline formulation, if it fails to conform with any of the alternative specifications identified in the certification order for the formulation, as determined in accordance with the test methods identified in the certification order. (2) A producer or importer who has reported a final blend of gasoline as a test-certified alternative gasoline formulation shall not be subject to section 2262.3(b) or (c), section 2262.4(b), and section 2262.5(c). (c) Notification regarding sales and supplies of a test-certified alternative gasoline formulation. A producer or importer intending to sell or supply a final blend of California gasoline from its production facility or import facility as a test-certified alternative gasoline formulation shall notify the executive officer in accordance with this section (c). The notification shall identify the final blend and the identification name of the test-certified alternative gasoline formulation. The notification shall be received by the executive officer at least 12 hours before start of physical transfer of the final blend from the production or import facility. A producer or importer intending to have a series of its final blends be a specific test-certified alternative gasoline formulation may enter into a protocol with the executive officer for reporting such blends as long as the executive officer reasonably determines the reporting under the protocol would provide at least as much notice to the executive officer as notification pursuant to the express terms of this section (c). Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2266.5. Requirements Pertaining to California Reformulated Gasoline Blendstock for Oxygen Blending (CARBOB) and Downstream Blending. (a)Application of the California gasoline standards to CARBOB. (1)Applicability of standards and requirements to CARBOB. All of the standards and requirements in sections 2261, 2262, 2262.3, 2262.4, 2262.5(a), (b), (c) and (e), 2262.6, 2264, 2264.2, 2265, 2266, 2267, 2268, 2270, 2271 and 2272 pertaining to California gasoline or transactions involving California gasoline also apply to CARBOB or transactions involving CARBOB. Whenever the term "California gasoline" is used in the sections identified in the preceding sentence, the term means "California gasoline or CARBOB." Whenever the term "gasoline" is used in section 2265(b)(1), the term means "California gasoline or CARBOB." (2)Determining whether a final blend of CARBOB complies with the standards for California gasoline. (A)General. 1. Applicability. This section (a)(2) governs the determination of whether a final blend of CARBOB complies with the standards for California gasoline that apply when the gasoline is sold or supplied from the production or import facility at which it was produced or imported. Section (a)(6) governs the determination of whether downstream CARBOB that has already been supplied from its production or import facility complies with the applicable cap limits for California gasoline. 2. Where a producer or importer has designated a final blend as CARBOB and has complied with all applicable provisions of this section 2266.5, the properties of the final blend for purposes of compliance with sections 2262, 2262.3, 2262.4, 2262.5, 2262.6, 2265 and 2266 shall be determined in accordance with section (a)(2)(B) or (a)(2)(C) as applicable. 3. If the producer or importer has not complied with all applicable provisions of this section 2266.5, the properties of the final blend for purposes of the producer's or importer's compliance with the limits for sulfur, benzene, aromatic hydrocarbons, olefins, T50, T90, and oxygen required by sections 2262.3, 2262.5, 2265 and 2266 shall be determined without using the CARBOB Model or adding oxygenate to the gasoline, and compliance with the flat limits for Reid vapor pressure and oxygenates required by sections 2262.4, 2262.6, 2265 and 2266 shall be determined in accordance with section (a)(2)(B) or (a)(2)(C) as applicable. (B)Determining whether a final blend of CARBOB complies with the standards for California gasoline by use of the CARBOB Model. 1. A producer or importer may elect to have the CARBOB model used in determining whether a final blend designated as CARBOB complies with the standards applicable to California gasoline, by providing the notice in section (b)(1)(C). In this case, the CARBOB limits for the final blend shall be determined in accordance with the "Procedures for Using the California Model for California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB)," as adopted April 25, 2001. The CARBOB's compliance with the assigned CARBOB limit for a property shall constitute compliance with the corresponding finished gasoline limit - be it a section 2262 flat limit, PM flat limit, TC limit, or (if no designated alternative limit has been established) section 2262 or PM averaging limit. In addition, where the producer or importer has elected to use the CARBOB model for a given final blend that is not being transferred from its production or import facility during the Reid vapor pressure control period for that facility set forth in section 2262.4(a), the final blend must have a Reid vapor pressure no lower than the value used in the T50 CARBOB model. 2. Notwithstanding section (a)(2)(B)1., where a final blend of CARBOB is sampled and analyzed by a state board inspector in accordance with section 2263 using the methodology in (a)(2)(C), the results may be used to establish a violation of applicable standards for California gasoline. (C)Determining whether a final blend of CARBOB complies with the standards for California gasoline by oxygenate blending and testing. Except as otherwise provided in section (a)(2)(B), the properties of a final blend of CARBOB shall be determined for purposes of compliance with sections 2262, 2262.3, 2262.4, 2262.5 2262.6, 2265 and 2266 by adding the specified type and amount of oxygenate to a representative sample of the CARBOB and determining the properties and characteristics of the resulting gasoline in accordance with an applicable test method identified in section 2263(b) or permitted under section 2263(c). Where the producer or importer has in accordance with section (b)(1)(E) designated a range for oxygen from denatured ethanol of 1.8 wt.% to 2.2 wt.% (or a range that is within 1.8 wt.% and 2.2 wt.% and includes 2.0 wt.%), denatured ethanol equal to 5.7 vol. % of the blended volume shall be added; where the designated range for oxygen from denatured ethanol is 2.5 wt.% to 2.9 wt.% (or is within 2.5 wt.% and 2.9% and includes 2.7 wt.%), denatured ethanol equal to 7.7 vol.% of the blended volume shall be added; and where the designated range for oxygen from denatured ethanol is 3.3 wt.% to 3.7 wt.% (or is within 3.3 wt.% and 3.7 wt.% and includes 3.5 wt.%), denatured ethanol equal to 10.0 vol.% of the blended volume shall be added. In all other cases where the designated range for oxygen from denatured ethanol is no greater than 0.4 wt.%, the amount of denatured ethanol added shall be the volume percent that results in an oxygen content at the midpoint of the range of oxygen, based on the following equation: Vol.% Denatured Ethanol = 620 / [(218.8 / wt.% oxygen) - 0.40] Where the producer or importer has in accordance with section (b)(1)(E) designated a range of amounts of oxygen that is greater than 0.4 wt.%, or an oxygenate other than denatured ethanol, the oxygenate shall be added in an amount that results in an oxygen content within 0.2 wt.% of the designated minimum oxygen level. (D)Characteristics of denatured ethanol used in determining whether a final blend of CARBOB complies with the standards for California gasoline. 1.Default denatured ethanol characteristics on or after December 31, 2003 when the CARBOB Model is used. Except as provided in section (a)(2)(D)3., where a producer or importer has elected to use the CARBOB Model for a final blend of CARBOB supplied from its production or import facility on or after December 31, 2003, the following default denatured ethanol specifications shall be specified for the CARBOB Model: Sulfur content: 10 parts per million Benzene content: 0.06 volume percent Olefin content: 0.5 volume percent Aromatic hydrocarbon content: 1.7 volume percent 2.Default denatured ethanol characteristics on or after December 31, 2003 when the CARBOB Model is not used. Except as provided in section (a)(2)(D)3., where a producer or importer has not elected to use the CARBOB Model, denatured ethanol used as the oxygenate must have the following properties in determining whether CARBOB complies with the standards applicable to California gasoline when it is supplied from the production facility or import facility on or after December 31, 2003: Sulfur content: 3-10 parts per million Benzene content: 0-0.06 volume percent Olefin content: 0-0.5 volume percent Aromatic hydrocarbon content: 0-1.7 volume percent 3.Producer- or importer-specified characteristics of denatured ethanol used in determining whether a final blend of CARBOB complies with the standards for California gasoline. a. With respect to a final blend of CARBOB supplied from its production or import facility prior to December 31, 2003, the producer or importer must specify the properties of the oxygenate used in determining whether the final blend of CARBOB complies with the applicable California gasoline standards, by providing the notice in section (b)(1)(D). With respect to a final blend of CARBOB supplied from its production or import facility on or after December 31, 2003, the producer or importer may elect to specify the properties of the oxygenate in accordance with the preceding sentence. Where the producer or importer has elected to use the CARBOB model in connection with the final blend, the maximum value for each property identified in the section (b)(1)(D) notification shall be used for the CARBOB Model. Where the producer or importer has not elected to use the CARBOB model in connection with the final blend, the oxygenate used in oxygenate blending and testing in accordance with section (a)(2)(C)1. must not exceed the maximum value for each property identified in the section (b)(1)(D) notification; that oxygenate's specifications for each property may be under the maximum value for each property identified in the section (b)(1)(D) notification by no more than the following: Sulfur content: 5 parts per million Benzene content: 0.06 volume percent Olefin content: 0.1 volume percent Aromatic hydrocarbon content: 1.0 volume percent b.Maintaining oxygenate samples for use in compliance testing. A producer or importer who is specifying the properties of the oxygenate used in a final blend of CARBOB in accordance with the preceding section (a)(2)(D)3.a. must maintain at the production or import facility, while the final blend is at the facility, oxygenate meeting the required specifications in quantities that are sufficient to enable state board inspectors to use the oxygenate in compliance determinations. (E)Protocol for determining whether a final blend of CARBOB complies with the standards for California gasoline. The executive officer may enter into a written protocol with any individual producer or importer for the purpose of specifying a alternative method for determining whether a final blend of CARBOB complies with the standards for California gasoline, as long as the executive officer reasonably determines that application of the protocol is not less stringent or enforceable than application of the express terms of section (a)(2)(A)-(D). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol. (3)Calculating the volume of a final blend of CARBOB.Where a producer or importer has designated a final blend as CARBOB and has complied with all applicable provisions of this section 2266.5, the volume of the final blend shall be calculated for all purposes under section 2264 by adding the minimum designated amount of the oxygenate having the smallest volume designated by the producer or importer. If the producer or importer has not complied with any applicable provisions of this section 2266.5, the volume of the final blend for purposes of the refiner or producer's compliance with sections 2262, 2262.3, 2262.4, 2262.5, 2262.6, 2265 and 2266 shall be calculated without adding the amount of oxygenate to the CARBOB. (4)Specifications for a final blend of CARBOB when the CARBOB model is not being used. A producer or importer who has not elected to use the CARBOB model pursuant to section (a)(2)(B) with regard to a final blend of CARBOB may not sell, offer for sale, supply or offer for sale that final blend of CARBOB from its production facility or import facility where the sulfur, benzene, olefin or aromatic hydrocarbon content of the CARBOB, when multiplied by (1 minus the designated maximum volume percent, expressed as a decimal fraction, that the oxygenate will represent after it is added to the CARBOB), results in a sulfur, benzene, olefin or aromatic hydrocarbon content value exceeding the applicable limit for that property. (5)Assignment of designated alternative limits for CARBOB and for the oxygenated California gasoline where the producer or importer has elected to use the CARBOB model. (A)Applicability. This section (a)(5) applies where a producer or importer has elected to have the CARBOB model apply in connection with a final blend of CARBOB which is also subject to an averaging compliance option or a PM averaging compliance option for one or more properties. (B)Assignment of CARBOB designated alternative limit. The producer or importer may assign a CARBOB designated alternative limit for the final blend of CARBOB by satisfying the notification requirements of section (a)(5)(D). In no case shall a CARBOB designated alternative limit be less than the sulfur, benzene, olefin or aromatic hydrocarbon content, or T90 or T50, of the final blend shown by the sample and test of the CARBOB conducted pursuant to section 2270. The CARBOB designated alternative limit shall be treated as the designated alternative limit under section 2262.3(c)(2), and a violation of section 2262.3(c)(2) will exist when the CARBOB exceeds the CARBOB designated alternative limit. (C)Determining the designated alternative limit for the final blend after the CARBOB is oxygenated. Whenever a producer or importer has assigned a designated alternative limit for a final blend of CARBOB, the designated alternative limit for the final blend after the CARBOB is oxygenated shall be determined in accordance with the "Procedures for Using the California Model for California Reformulated Gasoline Blendstocks for Oxygenate Blending (CARBOB)," as adopted April 25, 2001. This will be the final blend's designated alternative limit for purposes of compliance with sections 2262.3(c)(3) and 2264(b) and (c). (D)Notification. The producer or importer shall notify the executive officer of the CARBOB designated alternative limit, the designated alternative limit for the final blend after it is oxygenated, and all other information identified in section 2264(a)(2)(A), within the time limits set forth in section 2264(a)(2)(A) and subject to section 2264(a)(3) and (4). (6)Determining whether downstream CARBOB complies with the cap limits for California gasoline. (A)Determining whether downstream CARBOB complies with the cap limits for California gasoline through the use of CARBOB cap limits derived from the CARBOB Model. Whenever downstream CARBOB designated for ethanol blending has already been supplied from its production or import facility, the CARBOB's compliance with the cap limits for California gasoline may be determined by applying the CARBOB cap limits in the following table: Property CARBOB Cap Limits CaRFG2 CaRFG3 Reid Vapor Pressure [FN1] 5.78 5.99 (pounds per square inch) Sulfur Content 89 66 [FN2] (parts per million by weight) 32 [FN2] Benzine Content 1.33 1.22 (percent by volume) Aromatics Content 33.1 38.7 (percent by volume) Olefins Content 11.1 11.1 (percent by volume) T50 232 [FN3] 232 [FN3] (degrees Fahrenheit) 237 [FN3] 237 [FN3] T90 335 335 (degrees Fahrenheit) ---------- [FN1] The Reid vapor pressure standards apply only during the warmer weather months identified in section 2262.4. [FN2] The CaRFG Phase 3 CARBOB cap limits for sulfur are phased in starting December 31, 2003, and December 31, 2005, in accordance with section 2261(b)(1)(A). [FN3] The first number applies to CARBOB that is subject to the Reid vapor pressure standard pursuant to section 2262.4, and the second number applies to CARBOB that is not subject to the Reid vapor pressure standard. (B)Determining whether downstream CARBOB complies with the cap limits for California gasoline by oxygenate blending and testing. Whenever downstream CARBOB designated for oxygenate blending has already been supplied from its production or import facility, the CARBOB's compliance with the cap limits for California gasoline may be determined by adding the specified type and amount of oxygenate to a representative sample of the CARBOB and determining the properties and characteristics of the resulting gasoline in accordance with an applicable test method identified in section 2263(b) or permitted under section 2263(c). Denatured ethanol used as the oxygenate must have the properties set forth in section (a)(2)(D)2. Where the designated range for oxygen from denatured ethanol is 1.8 wt.% and 2.2 wt.% (or is within 1.8 wt.% and 2.2 wt.% and includes 2.0 wt.%), denatured ethanol equal to 5.7 vol.% of the blended volume shall be added; where the designated range for oxygen from denatured ethanol is 2.5 wt.% and 2.9 wt.% (or is within 2.5 wt.% and 2.9 wt.% and includes 2.7 wt.%), denatured ethanol equal to 7.7 vol.% of the blended volume shall be added; and where the designated range for oxygen from denatured ethanol is 3.3 wt.% to 3.7 wt.% (or is within 3.3 wt.% and 3.7 wt.% and includes 3/5 wt.%), denatured ethanol equal to 10.0 vol.% of the blended volume shall be added. In all other cases where the designated range for oxygen from denatured ethanol is no greater than 0.4 wt.%, the amount of denatured ethanol added shall be the volume percent that results in an oxygen content at the midpoint of the range of oxygen, based on the following equation: Vol.% Denatured Ethanol = 620 / [(218.8 / wt.% oxygen) - 0.40] Where the designated a range of amounts of oxygen is greater than 0.4 wt.%, or an oxygenate other than denatured ethanol is designated, the oxygenate shall be added in an amount that results in an oxygen content within 0.2 wt.% of the designated minimum oxygen level. (C)Protocols. A person may enter into a protocol with the executive officer for the purpose of identifying more stringent specifications for the denatured ethanol used pursuant to section (a)(6)(B), or different CARBOB cap limits under section (a)(6)(A), if the executive officer reasonably determines that the specifications or cap limits are reasonably premised on the person's program to assure that the denatured ethanol added to the CARBOB by oxygenate blenders will meet the more stringent specifications. (b)Notification to ARB regarding the supply of CARBOB from the facility at which it was produced or imported. (1) A producer or importer supplying a final blend of CARBOB from the facility at which the producer or importer produced or imported the CARBOB must notify the executive officer of the information set forth below, along with any information required under section 2265(a)(2) (for a PM alternative gasoline formulation) or 2266(c) (for a test-certified alternative gasoline formulation). The notification must be received by the executive officer before the start of physical transfer of the final blend of CARBOB from the production or import facility, and in no case less than 12 hours before the producer or importer either completes physical transfer or commingles the final blend. (A) The identity and location of the final blend; (B) The designation of the final blend as CARBOB; (C) If the producer or importer is electing to use the CARBOB model to determine whether the final blend complies with the standards applicable to California gasoline when it is supplied from the production facility or import facility, a statement of that election and 1. Each of the CARBOB limits that will apply to the final blend for properties not subject to the averaging compliance option or the PM averaging compliance option; and 2. For any property subject to the averaging compliance option or the PM averaging compliance option, the averaging or PM averaging limit for the CARBOB (the CARBOB is subject to this limit only if no designated alternative limit is assigned to the CARBOB pursuant to section 2266.5(a)(5)(B)); (D) If the producer or importer is specifying, pursuant to section (a)(2)(D)3., the properties of the oxygenate to be added downstream by the oxygenate blender, a statement of that election, the type of oxygenate, and the oxygenate's specifications for the following properties: Maximum sulfur content (nearest part per million by weight) Maximum benzene content (nearest hundredth of a percent by volume) Maximum olefin content (nearest tenth of a percent by volume) Maximum aromatic hydrocarbon content (nearest tenth of a percent by volume) (E) The designation of each oxygenate type or types and amount or range of amounts to be added to the CARBOB, and the applicable flat limit, PM alternative specification, or TC alternative specification for oxygen. The amount or range of amounts of oxygenate to be added shall be expressed as a volume percent of the gasoline after the oxygenate is added, in the nearest tenth of a percent. For any final blend of CARBOB except one that is subject to PM alternative specifications or TC alternative specifications, the amount of oxygenate to be added must be such that the resulting California gasoline will have a minimum oxygen content no lower than 1.8 percent by weight and a maximum oxygen content no greater than 2.2 percent by weight. For a final blend of CARBOB that is subject to PM alternative specifications, the amount or range of amounts of oxygenate to be added must be such that the resulting California gasoline has an oxygen content that meets the oxygen content PM alternative specification for the final blend. For a final blend of CARBOB that is subject to TC alternative specifications, the amount or range of amounts of oxygenate to be added must be such that the resulting California gasoline has an oxygen content that meets the oxygen content alternative specification for the final blend. (2)Applicability of notification to subsequent final blends. The notification a producer or importer provides pursuant to section (b)(1)(B), (C), (D) and (E) for a final blend of CARBOB shall apply to all subsequent final blends of CARBOB or California gasoline supplied by the producer or importer from the same production or import facility until the producer or importer designates a final blend at that facility as either (i) California gasoline rather than CARBOB, or (ii) CARBOB subject to a new notification made pursuant to section (b)(1). (3)Allowance of late notifications. If, through no intentional or negligent conduct, a producer or importer cannot report within the time period specified in (b)(1) above, the producer or importer may notify the executive officer of the required data as soon as reasonably possible and may provide a written explanation of the cause of the delay in reporting. If, based on the written explanation and the surrounding circumstances, the executive officer determines that the conditions of this section (b)(3) have been met, timely notification shall be deemed to have occurred. (4)Protocols. The executive officer may enter into a written protocol with any individual producer or importer for the purpose of specifying how the requirements in section (b)(1) shall be applied to the producer's or importer's particular operations, as long as the executive officer reasonably determines that application of the regulatory requirements under the protocol is not less stringent or enforceable than application of the express terms of section (b)(1). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol. (c) [Reserved] (d)Documentation required when CARBOB is transferred. (1)Required Documentation. On each occasion when any person transfers custody or title of CARBOB, the transferor shall provide the transferee a document that prominently: (A) States that the CARBOB does not comply with the standards for California gasoline without the addition of oxygenate, (B) Identifies the applicable flat limit, PM alternative specification, or TC alternative specification for oxygen, and (C) Identifies, consistent with the notification made pursuant to section (b), the oxygenate type or types and amount or range of amounts that must be added to the CARBOB to make it comply with the standards for California gasoline. Where the producer or importer of the CARBOB has elected to specify the properties of the oxygenate pursuant to section (b)(1)(D), the document must also prominently identify the maximum permitted sulfur, benzene, olefin and aromatic hydrocarbon contents - not to exceed the maximum levels in the section (b)(1)(D) notification - of the oxygenate to be added to the CARBOB. (2)Compliance by pipeline operator. A pipeline operator may comply with this requirement by the use of standardized product codes on pipeline tickets, where the code(s) specified for the CARBOB is identified in a manual that is distributed to transferees of the CARBOB and that sets forth all of the required information for the CARBOB. (e)Restrictions on transferring CARBOB. (1)Required agreement by transferee. No person may transfer ownership or custody of CARBOB to any other person unless the transferee has agreed in writing with the transferor that either: (A) The transferee is a registered oxygenate blender and will add oxygenate of the type(s) and amount (or within the range of amounts) designated in accordance with section (b) before the CARBOB is transferred from a final distribution facility, or (B) The transferee will take all reasonably prudent steps necessary to assure that the CARBOB is transferred to a registered oxygen blender who adds the type and amount (or within the range of amounts) of oxygenate designated in accordance with section (b) to the CARBOB before the CARBOB is transfered from a final distribution facility. (2)Prohibited sales of CARBOB from a final distribution facility. No person may sell or supply CARBOB from a final distribition facility where the type and amount or range of amounts of oxygenate designated in accordance with section (b) has not been added to the CARBOB. (f)Restrictions on blending CARBOB with other products. (1)Basic prohibition. No person may combine any CARBOB that has been supplied from the facility at which it was produced or imported with any other CARBOB, gasoline, blendstock or oxygenate, except: (A)The specified oxygenate. 1. The CARBOB may be blended with oxygenate of the type and amount (or within the range of amounts) specified by the producer or importer at the time the CARBOB was supplied from the production or import facility. 2. Where ethanol is the specified oxygenate and specifications for the ethanol are identified in the product transfer document for the CARBOB pursuant to section 2266.5(d)(1)(C), only ethanol meeting those specifications may be combined with the CARBOB. 3. Where ethanol is the specified oxygenate and specifications for the ethanol are not identified, only ethanol meeting the standards in section 2262.9(a) may be combined with the CARBOB. (B)Identically-specified CARBOB. The CARBOB may be blended with other CARBOB for which the same oxygenate type, and the same amount (or range of amounts) of oxygen, was specified by the producer or importer at the time the CARBOB was supplied from the production or import facility. However, where specifications for the denatured ethanol to be added to the CARBOB have been established pursuant to section 2266.5(a)(2)(D)3, it may only be blended with other CARBOB for which the same denatured ethanol specifications have been set. (C)CARBOB specified for different oxygen level. Where a person is changing from an initial to a new type of CARBOB stored in a storage tank at a terminal or bulk plant, and the conditions below are met; in this case, the CARBOB in the tank after the new type of CARBOB is added will be treated as that new type of CARBOB. 1. The change in service is for legitimate operational reasons and is not for the purpose of combining the different types of CARBOB; 2. The initial and new CARBOBs are designated for blending with different amounts (or ranges of amounts) of oxygen, and the change in oxygen content will not exceed 1.1 weight percent of the oxygenated gasoline blend; 3. The volume of the new CARBOB that is added to the tank is at least four times as large as the volume of the initial CARBOB in the tank, and 4. The sulfur content of the new CARBOB added to the tank is no more than 12 parts per million. (D)California gasoline not subject to RVP standard. Where a person is changing from California gasoline to CARBOB as the product stored in a storage tank at a terminal or bulk plant and the conditions below are met; in this case the product in the tank, pipe or manifold after the new product is added will be treated as the new type of product. 1. The change in service is for legitimate operational reasons and is not for the purpose of combining the California gasoline and CARBOB and 2. The resulting blend of product in the tank is supplied from the terminal or bulk plant during a time that it is not subject to the standards for Reid vapor pressure under section 2262.4. (E)Limited amounts of California gasoline containing ethanol. A person may add California gasoline containing ethanol to CARBOB at a terminal or bulk plant if all of the following conditions are met, in which case the resulting mixture will continue to be treated as CARBOB. 1. The gasoline is added to the CARBOB for one of the following operational reasons: a. The gasoline resulted from oxygenating CARBOB at the terminal or bulk plant during calibration of oxygenate blending equipment; or b. The gasoline resulted from the unintentional over- or under-oxygenation of CARBOB during the loading of a cargo tank truck at the terminal or bulk plant; or c. The gasoline was pumped out of a gasoline storage tank at a motor vehicle fueling facility for legitimate operational reasons. 2. The non-oxygenate portion of the gasoline complies with the applicable cap limits for CARBOB in section 2266.5(a)(6). 3. The resulting mixture of CARBOB has an oxygen content not exceeding 0.1 percent by weight. a. The oxygen content of the mixture may be determined arithmetically by [i] using the volume of the CARBOB prior to mixing based on calibrated tank readings, [ii] using the volume of the gasoline added based on calibrated meter readings, [iii] using the volume of the denatured ethanol in the gasoline being added based on direct calibrated meter readings of the denatured ethanol if available, [iv] calculating weight percent oxygen of the gasoline being added from volume percent denatured ethanol based on the following formula: (wt.% oxygen) <> 218.8/([620/(vol.% deEtOH)] + 0.40), and [v] accounting for any oxygen in the CARBOB tank due to previous additions of gasoline to the tank. b. If the meter readings described in section 2266.5(f)(1)(E)3.a.[iii] are not available, the oxygen content of the mixture may be determined arithmetically by [i] using the volume of the CARBOB prior to mixing based on calibrated tank readings, [ii] using the volume of the gasoline added based on calibrated meter readings, [iii] using the oxygen content of the gasoline in weight percent based on sampling and testing of the gasoline for denatured ethanol content in accordance with methods specified in section 2263, and [iv] accounting for any oxygen in the CARBOB tank due to previous additions of gasoline to the tank. c. In making the determination described in section 2266.5(f)(1)(E)3.a. or b., the oxygen content of the mixture shall be calculated based on the following formula: (wt.% oxygen) <> [(volume CARBOB)*(wt.% oxygen in CARBOB) + (volume gasoline)*(wt.% oxygen in gasoline] / [(volume CARBOB) + (volume gasoline)]. 4. Prior to the mixing, the operator of the terminal or bulk plant notifies the executive officer of the following: a. The identity and location of the facility at which the mixing will take place; b. The operational reason for adding the gasoline into the CARBOB; c. The projected percentage oxygen content of the mixture. 5. The terminal or bulk plant operator maintains for two years records documenting the information identified in section 2266.5(f)(1)(E)4, and makes them available to the executive officer upon request. (2)Protocols. (A)Protocols covering the changeover in service of a storage tank. Notwithstanding section (f)(1), the executive officer may enter into a written protocol with any person to identify conditions under which the person may lawfully combine CARBOB with California gasoline or other CARBOB during a changeover in service of a storage tank for a legitimate operational business reason. The executive officer may only enter into such a protocol if he or she reasonably determines that commingling of the two products will be minimized as much as is reasonably practical. Any such protocol shall include the person's agreement to be bound by the terms of the protocol. (B)Protocols for blending transmix into CARBOB. Notwithstanding section (f)(1), the executive officer may enter into a written protocol with any person to identify conditions under which the person may lawfully blend transmix into CARBOB which has been supplied from its production or import facility. The executive officer may enter into such a protocol only if he or she reasonably determines that alternatives to the blending are not practical and the blending will not significantly affect the properties of the CARBOB gasoline into which the transmix is added. Any such protocol shall include the person's agreement to be bound by the terms of the protocol. (C)Protocols In Other Situations.Notwithstanding section (f)(1), the executive officer may enter into a written protocol with any person to identify conditions under which the person may lawfully add California gasoline or other CARBOB to CARBOB in a storage tank at a terminal or bulk plant in situations other than those identified in sections 2266.5(f)(1)(C), (D), or (E), or (f)(2)(A) or (B). The executive officer may enter into such a protocol only if he or she reasonably determines that alternatives to the activity are not practical and the blending will not significantly affect the properties of the CARBOB into which the gasoline or CARBOB is added. The protocol shall include any of the conditions in section 2266.5(f)(1)(E) that the executive officer determines are necessary and appropriate. Any such protocol shall include the person's agreement to be bound by the terms of the protocol. (g)Requirements for oxygenate blenders. (1)Registration and Certification. (A)Registration. Any oxygen blender must register with the executive officer by March 1, 1996, or at least 20 days before blending oxygenates with CARBOB, whichever occurs later. Thereafter, an oxygenate blender must register with the executive officer annually by January 1. The registration must be addressed to he attention of the Chief, Compliance Division, California Air Resources Board, P.O. Box 2815, Sacramento, CA, 95812. (B)Required contents of registration. The registration must include the following: 1. The oxygen blender's contact name, telephone number, principal place of business which shall be a physical address and not a post office box, and any other place of business at which company records are maintained. 2. For each of the oxygen blender's oxygenate blending facilities, the facility name, physical location, contact name, and telephone number. (C)Issuance of certificate. The executive officer shall provide each complying oxygen blender with a certificate of registration compliance no later than June 30. The certification shall be effective from no later than July 1, through June 30 of the following year. The certification shall constitute the oxygen blender's certification pursuant to Health and Safety Code section 43026. (D)Submittal of updated information. Any oxygen blender must submit updated registration information to the executive officer at the address identified in section (g)(1)(A) within 30 days of any occasion when the registration information previously supplied becomes incomplete or inaccurate. (2)Requirement to add oxygenate to CARBOB. Whenever an oxygenate blender receives CARBOB from a transferor to whom the oxygenate blender has represented that he/she will add oxygenate to the CARBOB, the oxygenate blender must add to the CARBOB oxygenate of the type(s) and amount (or within the range of amounts) identified in the documentation accompanying the CARBOB. If the documentation identifies the permitted maximum sulfur, benzene, olefin and aromatic hydrocarbon contents of the oxygenate, the oxygenate blender must add an oxygenate that does not exceed the maximum permitted levels. (3)Additional requirements for terminal blending. Any oxygenate blender who makes a final blend of California reformulated gasoline by blending any oxygenate with any CARBOB in any gasoline storage tank, other than a truck used for delivering gasoline to retail outlets or bulk purchaser-consumer facilities, shall, for each such final blend, determine the oxygen content and volume of the final blend prior to its leaving the oxygen blending facility, by collecting and analyzing a representative sample of gasoline taken from the final blend, using methodology set forth in section 2263. (h)Downstream blending of California gasoline with nonoxygenate blendstocks. (1)Basic prohibition. No person may combine California gasoline which has been supplied from a production or import facility with any nonoxygenate blendstock, other than vapor recovery condensate, unless the person can affirmatively demonstrate that (1) the blendstock that is added to the California gasoline meets all of the California gasoline standards without regard to the properties of the gasoline to which the blendstock is added, and (2) the person meets with regard to the blendstock all requirements in this subarticle applicable to producers of California gasoline. (2)Exceptions. (A)Protocols. Notwithstanding section (h)(1), the executive officer may enter into a written protocol with any person to identify conditions under which the person may lawfully blend transmix into California gasoline which has been supplied from its production or import facility. The executive officer may only enter into such a protocol if he or she reasonably determines that alternatives to the blending are not practical and the blending will not significantly affect the properties of the California gasoline into which the transmix is added. Any such protocol shall include the person's agreement to be bound by the terms of the protocol. (B)Blending to meet a cap limit. Notwithstanding, section (h)(1) or 2262.5(d), a person may add nonoxygenate or oxygenated blendstock to California gasoline that does not comply with one or more of the applicable cap limits contained in section 2262, where the person obtains the prior approval of the executive officer based on a demonstration that adding the blendstock is a reasonable means of bringing the gasoline into compliance with the cap limits. (i)Restrictions during the RVP season on blending gasoline containing ethanol with California gasoline not containing ethanol. (1)Basic prohibition.Within each air basin during the Reid vapor pressure cap limit periods specified in section 2262.4(a)(2), no person may combine California gasoline produced using ethanol with California gasoline produced without using ethanol, unless the person can affirmatively demonstrate that: (A) the resulting blend complies with the cap limit for Reid vapor pressure set forth in section 2262, or (B) the person has taken reasonably prudent precautions to assure that the gasoline is not subject to the Reid vapor pressure cap limit either because of sections 2261(d) or (f) or 2262.4(c)(1) or (c)(3), or because the gasoline is no longer California gasoline. (2)Exception.Section 2266.5(i)(1) does not apply to combining California gasolines that are in a motor vehicle's fuel tank. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018, 43021 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2267. Exemptions for Gasoline Used in Test Programs. The executive officer shall consider and grant test program exemptions from the requirements of this subarticle in accordance with section 2259. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018, 43101 and 43831, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2268. Liability of Persons Who Commit Violations Involving Gasoline That Has Not Yet Been Sold or Supplied to a Motor Vehicle. (a) For the purposes of this subarticle, each sale of California gasoline at retail, and each dispensing of California gasoline into a motor vehicle fuel tank, shall also be deemed a sale or supply by any person who previously sold or supplied such gasoline in violation of any applicable section of this subarticle. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2269. Submittal of Compliance Plans. (a) Each producer shall, by September 1, 2000, submit to the executive officer a plan showing the producer's schedule for achieving compliance with the CaRFG Phase 3 standards set forth in this subarticle. Each producer shall, by September 1, 2001, September 1, 2002, and September 1, 2003 submit an update of the plan. Each compliance plan and update shall include the projected sequence and dates of all key events pertaining to planning, financing, and construction of necessary refinery modifications. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2270. Testing and Recordkeeping. (a)(1) The requirements of this section (a) shall apply to each producer and importer that has elected to be subject to an averaging limit in section 2262, or to a PM averaging limit. The references to sulfur content shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for sulfur, or to a PM averaging limit for sulfur. The references to benzene content shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for benzene, or to a PM averaging limit for benzene. The references to olefin content shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for olefin content, or to a PM averaging limit for olefin content. The reference to T90 shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for T90, or to a PM averaging limit for T90. The references to T50 shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for T50, or to a PM averaging limit for T50. The references to aromatic hydrocarbon content shall apply to each producer or importer that has elected to be subject to the section 2262 averaging limit for aromatic hydrocarbon content, or to a PM averaging limit for aromatic hydrocarbon content. (2) Each producer shall sample and test for the sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 in each final blend of California gasoline which the producer has produced, by collecting and analyzing a representative sample of gasoline taken from the final blend, using the methodologies specified in section 2263. If a producer blends gasoline components directly to pipelines, tankships, railway tankcars or trucks and trailers, the loading(s) shall be sampled and tested for the sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 by the producer or authorized contractor. The producer shall maintain, for two years from the date of each sampling, records showing the sample date, identity of blend sampled, container or other vessel sampled, final blend volume, sulfur, aromatic hydrocarbon olefin and benzene content, T50 and T90. All gasoline produced by the producer and not tested as California gasoline by the producer as required by this section shall be deemed to have a sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 exceeding the applicable averaging limit standards specified in section 2262, or exceeding the comparable PM averaging limits if applicable, unless the importer demonstrates that the gasoline meets those standards and limits. (3) Each importer shall sample and test for the sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 in each final blend of California gasoline which the importer has imported by tankship, pipeline, railway tankcars, trucks and trailers, or other means, by collecting and analyzing a representative sample of the gasoline, using the methodologies specified in section 2263. The importer shall maintain, for two years from the date of each sampling, records showing the sample date, product sampled, container or other vessel sampled, the volume of the final blend, sulfur content, aromatic hydrocarbon, olefin and benzene content, T50 and T90. All gasoline imported by the importer and not tested as California gasoline by the importer as required by this section shall be deemed to have a sulfur, aromatic hydrocarbon, olefin and benzene content, T50 and T90 exceeding the applicable averaging limits standards specified in section 2262, or exceeding the comparable PM averaging limit(s) if applicable, unless the importer demonstrates that the gasoline meets those standards and limit(s). (4) A producer or importer shall provide to the executive officer any records required to be maintained by the producer or importer pursuant to this section within 20 days of a written request from the executive officer if the request is received before expiration of the period during which the records are required to be maintained. Whenever a producer or importer fails to provide records regarding a final blend of California gasoline in accordance with the requirements of this section, the final blend of gasoline shall be presumed to have been sold by the producer or importer in violation of the applicable averaging limit standards in section 2262, or the PM averaging limit(s), to which the producer or importer has elected to be subject. (5) The executive officer may enter into a protocol with any producer or importer for the purpose of specifying alternative sampling, testing, recordkeeping, or reporting requirements which shall satisfy the provisions of sections (a)(2) or (a)(3). The executive officer may only enter into such a protocol if s/he reasonably determines that application of the regulatory requirements under the protocol will be consistent with the state board's ability effectively to enforce the averaging limit standards in section 2262, the averaging limit compliance requirements in section 2262.3(c), and the PM averaging limit(s). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol. (b)(1) For each final blend which is sold or supplied by a producer or importer from the party's production facility or import facility, and which contains volumes of gasoline that party has produced and imported and volumes that the party neither produced nor imported, the producer or importer shall establish, maintain and retain adequately organized records containing the following information: (A) The volume of gasoline in the final blend that was not produced or imported by the producer or importer, the identity of the person(s) from whom such gasoline was acquired, the date(s) on which it was acquired, and the invoice representing the acquisition(s). (B) The sulfur, benzene, aromatic hydrocarbon, olefin and benzene content, T50 and T90 of the volume of gasoline in the final blend that was not produced or imported by the producer or importer, determined either by (A) sampling and testing, by the producer or importer, of the acquired gasoline represented in the final blend, or (B) written results of sampling and test of the gasoline supplied by the person(s) from whom the gasoline was acquired. (2) A producer or importer subject to this section (b) shall establish such records by the time the final blend triggering the requirements is sold or supplied from the production or import facility, and shall retain such records for two years from such date. During the period of required retention, the producer or importer shall make any of the records available to the executive officer upon request. (c) In the event a producer or importer sells, offers for sale, or supplies, in California, gasoline which the producer claims is not California gasoline, such gasoline shall be presumed to exceed the standards that would be applicable pursuant to this subarticle if it was California gasoline. The producer or importer shall maintain, for two years from the date of any sale or supply of such gasoline, records demonstrating that the gasoline was not California gasoline, or that it complied with all of the standards of this subarticle 2, when it was sold or supplied by the producer. Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43013.1, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2271. Variances. (a) Applications for variances. Any person who cannot comply with the standards or compliance requirements set forth in sections 2262, 2262.3, 2262.4, 2262.5 or 2262.6 because of reasons beyond the person's reasonable control may apply to the executive officer for a variance. Except for emergency variances as provided in section (h), the application shall be accompanied by a fee of $6700.00 to cover the costs of processing the variance. If the applicant withdraws the application before the variance hearing is held, $4100.00 of the fee shall be refunded. The application shall set forth: (1) The applicable section(s) from which the variance is sought; (2) The specific grounds upon which the variance is sought; (3) The proposed date(s) by which compliance with the provisions of the applicable section(s) will be achieved; and (4) A compliance plan reasonably detailing the method by which compliance will be achieved. That proposed compliance plan shall include increments of progress (i.e., specific events and dates) that describe periodic, measurable steps toward compliance during the proposed term of the variance. (b)(1) Notices and public hearings for variances. Upon receipt of an application for a variance containing the information required in section (a), the executive officer shall hold a hearing to determine whether, or under what conditions and to what extent, a variance from the requirements of the applicable section(s) is necessary and will be permitted. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 20 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 20 days prior to the hearing. (2) Treatment of confidential information.Information submitted to the executive officer by a variance applicant may be claimed as confidential. Information claimed as confidential shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations (CCR), sections 91000 to 91022 except that: (A) at the time the information is submitted, the submitter must provide accompanying documentation in support of the claim of confidentiality, including the documentation identified in section 91022(c), and (B) for the purposes of this section 2271, the time period specified in section 91022(e)(2) is 10 days instead of 21 days. The executive officer may consider such confidential information in reaching a decision to grant or deny a variance. (c) Public participation in the variance process.At least 20 days prior to the hearing, the application for the variance shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to submit written and oral testimony at the hearing and their testimony shall be considered. (d) Necessary findings for granting variances. The decision to grant or deny a variance shall be based solely upon substantial evidence in the record of the variance proceeding. No variance shall be granted unless the executive officer makes all of the following findings: (1) That, because of reasons beyond the reasonable control of the applicant, requiring compliance with the applicable section(s) would result in an extraordinary economic hardship; (2) That the public interest in mitigating the extraordinary hardship by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance; and (3) That the compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible. (e) Factors to be considered in making the necessary findings for granting variances. In making the findings specified in section (d), the factors set forth below shall be considered. It is the responsibility of the applicant to provide the information necessary to adequately evaluate these factors. (1) Regarding the finding specified in section (d)(1): (A) To demonstrate that noncompliance is "beyond the reasonable control of the applicant," the applicant must demonstrate that reasonably diligent and timely efforts to achieve compliance have been made. Where a variance is sought from initial compliance with the CaRFG Phase 3 requirements, the applicant shall show that timely capital expenditures and efforts to obtain the permits for necessary refinery modifications have been made, and that the applicant has been reasonably diligent in attempting to follow the periodic compliance plans required by section 2269, "Submittal of Compliance Plans." Where a variance is sought due to a breakdown, the applicant shall demonstrate that the breakdown could not have been prevented or mitigated by the application of standard industrial practices. "Standard industrial practices" means elements of design, methods of operation, and levels of oversight and maintenance that are regarded as generally accepted practice in the applicant's type of business. (B) To demonstrate that requiring compliance would result in an "extraordinary economic hardship," the applicant must make a substantial showing that no alternative to a variance would eliminate or mitigate the need for a variance. Potential alternatives that the applicant shall address include the following: 1. obtaining complying gasoline from outside sources, or obtaining blending materials that would allow production of complying gasoline, and 2. using the applicable California Predictive Model (as specified in Title 13, CCR, section 2265) to maximize the production of complying gasoline, or to minimize the degree of noncompliance, through the use of a PM alternative gasoline formulation. The applicant shall compare the economics of operations without a variance, for the period over which the variance is proposed, with the economics of operations after the variance compliance plan has been implemented (e.g., the economic hardship during the term of the variance shall be measured against the eventual cost of long-term compliance.) The operations may include facets of the applicant's business other than gasoline operations, if those facets are directly affected by the ability to conduct the gasoline business. An applicant may also address any supply shortages that could result from the failure to grant a variance and the economic affects of such shortages on the persons who do, or could, receive gasoline from the applicant. (2) Regarding the finding specified in section (d)(2): (A) The executive officer shall consider the potential effects of issuing or denying the variance on the applicant's customers, the producers of complying fuel, the general public, and upon air quality. The executive officer shall also consider whether granting the variance will place the applicant at a cost advantage over other persons, including those persons who produce complying gasoline. (B) To evaluate the potential effect upon air quality, the excess emissions from granting the variance shall be estimated as follows: 1. Exhaust emissions:The fractional change in emissions from using the variance gasoline shall be estimated with the California Predictive Model (model). Inputs to the model shall be the limits to be placed on the regulated properties of the variance gasoline by the variance conditions and the limits set forth in section 2262 that correspond in form (flat or averaging) to the variance limits. For each air basin in which the variance gasoline will be sold, the estimate of excess exhaust emissions shall be the fractional change in emissions (output by the model), times the estimated fraction of gasoline use in the air basin represented by the variance gasoline, times the inventory of exhaust emissions from gasoline-powered vehicles in the air basin. 2. Evaporative hydrocarbon emissions:Excess evaporative emissions shall be estimated for a limit greater than 7.0 pounds per square inch (psi) on the Reid vapor pressure (RVP) of variance gasoline. This estimate shall apply only for the period when RVP is limited to 7.0 psi. The true vapor pressure corresponding to the RVP limit for variance gasoline shall be divided by the true vapor pressure corresponding to RVP at 7.0 pounds per square inch. For each air basin in which the variance gasoline will be sold, the estimate of excess evaporative emissions shall be that ratio, minus 1.0, times the estimated fraction of gasoline use in the air basin represented by the variance gasoline, times the inventory of emissions due to the evaporation of gasoline from all sources in the air basin. (3) Regarding the finding specified in section (d)(3): The applicant shall demonstrate why the proposed compliance plan is the most expeditious way to achieve compliance, and the applicant shall demonstrate sufficient control over the implementation of the plan to make the plan practical. In the case of a proposed variance that would begin on December 31, 2003, the compliance plan shall identify and provide a date for each key step that remains to be accomplished for attaining compliance. As applicable, these steps shall include financing, engineering plans, ordering and contracts, receipt of major equipment, commencement and completion of construction, and testing. (f) Conditions and fees in variance orders.In imposing fees and conditions in variance orders, the executive officer shall take into account the potential for such fees and conditions to place the applicant at a cost advantage over other persons, including those persons who produce complying gasoline. (1) Conditions. (A) Any variance order shall specify a final compliance date by which the requirements of the applicable section(s) will be achieved. Any variance order shall also contain a condition that specified increments of progress necessary to assure timely compliance be achieved, and such other conditions that the executive officer, as a result of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. Such conditions may include, but are not limited to, reporting requirements, limitations on the gasoline specifications, and the elements of the variance compliance plan as proposed by the applicant, with any modifications made by the executive officer. (B) Any variance order granting a variance from 2262.4 shall impose a substitute gasoline Reid vapor pressure limit as stringent as feasible under the circumstances, in no case to exceed 9.0 pounds per square inch. For areas where, and in seasons when, federal regulations require a lesser maximum Reid vapor pressure limit, a variance order shall not impose a Reid vapor pressure limit that is less stringent than the federal limit. (C) The executive officer may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. Such bond may provide that, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the state board, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the state board an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance. (D) The variance order shall limit the amount of variance gasoline sold or supplied from the applicant's production or import facility during each 30-day period of the variance, or during such other time period as the executive officer may specify. In determining the limit on the amount of variance gasoline, the Executive Officer shall consider available data on the applicant's production of complying gasoline. The limit shall not exceed the applicant's capacity to produce complying gasoline. (E) The variance order shall specify that once a quantity of variance gasoline has been sold or supplied by the applicant in accordance with the variance, subsequent transactions involving that variance gasoline by another producer, distributor, retailer, end user, or other person shall also be exempt from the applicable requirements. (2) Fees. A fee of $0.15 shall be levied on the applicant for each gallon of gasoline sold or released for sale under variance during the term of the variance. The fee shall be paid by the applicant periodically, in advance of the sale or release of variance gasoline in each period. The executive director shall specify the payment schedule in the variance order. (g) Duration of variances. (1) A variance shall be granted only for the minimum period necessary for the applicant to attain compliance with the applicable regulations. Except for a variance related to a physical catastrophe, no variance shall have a duration of more than 120 days; however, a variance may be extended for up to 90 additional days if the applicant demonstrates that the requirements of sections (d) and (e) are met. In order to receive an extension of a variance, the applicant must submit an application as specified in section (a), and a hearing must be held as specified in sections (b) and (c). (2) Variances related to a physical catastrophe.Notwithstanding the provisions of section (g)(1), a refiner may be granted a variance with a duration of more than 120 days, or a variance extension of more than 90 days, if the applicant demonstrates that the additional time is necessary due to a physical catastrophe, and the requirements of sections (d) and (e) are met. In order to receive a variance or variance extension, the applicant must submit an application as specified in section (a) and a hearing must be held as specified in sections (b) and (c). As used in this section, "physical catastrophe" means a sudden unforseen emergency beyond the reasonable control of the refiner, causing the severe reduction or total loss of one or more critical refinery units that materially impact the refiner's ability to produce complying gasoline. "Physical catastrophe" does not include events which are not physical in nature such as design errors or omissions, financial or economic burdens, or any reduction in production that is not the direct result of qualifying physical damage. (h) Emergency variances. (1) The executive officer may, after holding a hearing without complying with the provisions of sections (b) and (c), issue an emergency variance to a person from the requirements of the applicable section(s) upon a showing of reasonably unforeseeable extraordinary hardship and good cause that a variance is necessary. The applicant for an emergency variance shall pay a fee of $2500.00. Section (f) shall apply to emergency variances, except that a variance order is not required to specify a final compliance date by which the requirements of the applicable sections(s) will be achieved. (2) No emergency variance may have a duration of more than 45 days. If the applicant for an emergency variance does not demonstrate that he or she can comply with the provisions of the applicable section(s) within such 45-day period, an emergency variance shall not be granted unless the applicant makes a prima facie demonstration that the findings set forth in section (d) should be made. The executive officer shall maintain a list of persons who have informed the executive officer in writing of their desire to be notified by telephone in advance of any hearing held pursuant to section (h), and shall provide advance telephone notice to any such person as soon as practicable, considering the nature of the emergency. (i) Situations in which variances shall cease to be effective. A variance shall cease to be effective upon failure of the party to whom the variance was granted substantially to comply with any condition of the variance. (j) Modification and revocation of variances.Upon the application of any person, the executive officer may review and for good cause modify or revoke a variance from the requirements the applicable section(s) after holding a hearing in accordance with the provisions of sections (b) and (c). Note: Authority cited: Sections 39600, 39601, 43013, 43013.1, 43013.2, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 40000, 41511, 43000, 43013, 43013.1, 43013.2, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v.Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2272. CaRFG Phase 3 Standards for Qualifying Small Refiners. (a)CaRFG Phase 3 standards for qualifying small refiners.In place of the CaRFG Phase 3 standards set forth in section 2262, a qualifying small refiner may elect to have a final blend of California gasoline supplied from the small refiner's refinery subject to the "small refiner CaRFG Phase 3 standards," which are identical to the CaRFG Phase 3 standards in section 2262 except that: (i) the flat limit for benzene content is 1.00 percent by volume (vol.%) instead of 0.80 vol.%, (ii) the flat limit for .aromatics content is 35.0 vol.% instead of 25.0 vol.%, (iii) the flat limit for T50 is 220 ° F. instead of 213 ° F, and (iv) the flat limit for T90 is 312 ° F. instead of 305 ° F. This election may only be made if the small refiner has been issued a currently effective certification pursuant to section (b) and the gasoline qualifies for treatment under section (c). (b)Certification of small refiners. (1) A small refiner wishing to produce gasoline subject to this section shall submit to the executive officer an application for certification on the Air Resources Board's ARB/SSD/CPB Form 00-3-1, for each of the small refiner's California refineries. The application shall be executed by a responsible corporate officer under penalty of perjury. (2) The small refiner's application shall set forth: [A] the crude oil capacity of the refinery since January 1, 1978; [B] the crude oil capacities of all the refineries in California and the United States which are owned or controlled by, or under common ownership or control with, the small refiner since September 1, 1988; [C] data demonstrating that the refinery has the capacity to produce liquid fuels by distilling petroleum; and [D] a demonstration that the small refiner's California refinery was used in 1998 and 1999 to produce and supply California gasoline meeting the CaRFG Phase 2 standards. (3) Within 30 days of receipt of the application, the executive officer shall grant or deny it in writing. The executive officer shall grant the application if he or she determines that: [A] the application contains all of the information identified in sections (b)(1) and (2) above, and [B] the applicant meets the definition of small refiner. Any denial of an application shall include a statement of the reasons for denial. (c)Criteria for qualifying gasoline.Gasoline shall only be subject to treatment under this section if the small refiner demonstrates all of the following: (1) The gasoline was produced by the small refiner at the small refiner's California refinery. (2) The gasoline was supplied from the small refiner's California refinery in a calendar quarter in which 25 percent or more of the gasoline that was produced by the small refiner and that was supplied from the refinery in the calendar quarter was refined at the small refinery from crude oil. The volume of oxygenates in the gasoline shall not be counted in making this calculation. The period from December 31, 2003 through March 31, 2004 shall be treated as a calendar quarter under this section (c)(2). (3) For the period December 31, 2003, through December 31, 2004, and for each subsequent calendar year, the gasoline was supplied from the small refiner's California refinery before the full qualifying volume of gasoline produced by the small refiner had been supplied from the refinery during that period or year. In calculating the volume of gasoline supplied from the refinery, the volume of oxygenates in the gasoline shall not be counted. Gasoline that is designated by the small refiner as subject to all of the CaRFG Phase 3 standards in section 2262, and is reported to the executive officer pursuant to a protocol entered into by the small refiner and the executive officer, shall not be counted against the qualifying volume. (4) At the time the gasoline was supplied from the small refiner's refinery, the small refiner met the definition of a small refiner. (5) The excess emissions of hydrocarbons, oxides of nitrogen, and potency-weighted toxics are offset pursuant to section 2282, title 13, California Code of Regulations. The excess emissions from gasoline subject to the small refiner CaRFG Phase 3 standards are: 0.0206 pounds of exhaust hydrocarbons per barrel, 0.0322 pounds of oxides of nitrogen per barrel, and the potency-weighted toxic emissions equivalent of 0.0105 pounds of benzene per barrel. (d)Compliance with applicable federal RFG requirements.Any small refiner subject to this section shall comply with all applicable requirements of the federal reformulated gasoline regulations in 40 CFR Part 80 Subpart D, commencing with s 80.40. (e)Additional reporting requirements for small refiners. (1) In addition to the requirements of section 2270, each small refiner who qualifies for treatment under this section shall submit to the executive officer reports containing the information set forth below for each of the small refiner's California refineries, starting on the date on which a qualifying small refiner supplies from its refinery gasoline subject to the small refiner CaRFG Phase 3 standards. The reports shall be executed in California under penalty of perjury, and must be received within the time indicated below. December 31, 2003 through January 31, 2004 shall be treated as a month. (A) The quantity of all gasoline, produced by the small refiner, that is supplied from the small refinery in each month, within 15 days after the end of the month, the quantity of all such gasoline that is California gasoline subject to the small refiner CaRFG3 standards, and the quantity of all such gasoline that is California gasoline not subject to the small refiner CaRFG3 standards; (B) The identity and volume of each oxygenate contained in the gasoline described in section (e)(1)(A) above, within 15 days after the end of the month; (C) For each calendar quarter, a statement whether 25 percent or more of the gasoline that was produced by the small refinery and that was supplied from the refinery in the calendar quarter was refined at the small refinery from crude oil, within 15 days after the close of such quarter; (D) The date, if any, on which the small refiner completes transfer from its small refinery in the period December 31, 2003 through December 31, 2004, and in each subsequent calendar year, of the small refiner's qualifying volume of gasoline produced by the small refiner, calculated as described in section (c)(3), within 5 days after such date; (E) Within 10 days after project completion, any refinery addition or modification which would affect the qualification of the refiner as a small refiner pursuant to the definition in section 2260(a)(22); and (F) Any change of ownership of the small refiner or the small refiner's refinery, within 10 days after such change of ownership. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 40000, 41511, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2273. Labeling of Equipment Dispensing Gasoline Containing MTBE. (a) MTBE labeling requirement.All devices dispensing gasoline containing methyl tertiary butyl ether (MTBE) at filling stations, garages or other outlets where petroleum products are sold or offered for retail shall be marked with a conspicuous label at all times the product is offered for retail sale. (1) The label shall state that the gasoline being dispensed "Contains MTBE. The State of California has determined that the use of this chemical presents a significant risk to the environment." (2) The label shall be contrasting in color to the gasoline dispensing equipment and have capitalized lettering using not less than one-eighth inch high letters, except that "MTBE" shall have lettering using not less than five-eighth inch high letters with a stroke of not less than one-eighth in width and "Contains" shall have lettering using not less than one-quarter inch high letters. (3) The label shall be placed on the gasoline dispensing equipment's vertical surface, on each side with gallonage and price meters. (4) The label shall be conspicuous and legible to a customer when viewed from the driver's position inside the car. (5) The label shall be capable of withstanding extremes of weather conditions for at least one year and shall be resistant to gasoline, oil, grease, solvents, detergents, and water. Damaged labels that are not legible shall be replaced. (b)Residual levels of MTBE. (1) The labeling requirements in section 2273(a) do not apply to equipment dispensing gasoline from a storage tank containing gasoline having an MTBE content of less than 0.6 percent by volume, as determined by American Society of Testing and Materials (ASTM) Test Method D 4815-99, which is incorporated herein by reference, or any other test method determined by the executive officer to give equivalent results. (2) The labeling requirements in section 2273(a) do not apply where the equipment is dispensing gasoline from a storage tank containing gasoline having an MTBE content of less than 3.0 percent by volume, as determined by a test method identified in section 2273(b)(1), and the operator of the retail outlet demonstrates that the conditions in either section 2273(b)(2)(A), (B), (C) or (D) have occurred. (A) The gasoline storage tank has been consecutively drained and refilled to at least 95 percent of capacity with gasoline containing less than 0.6 volume percent MTBE as specified in the following table. The percent of the total gasoline The consecutive number of times the storage tank capacity that gasoline storage tank must is emptied prior to refilling be drained and refilled 90% 2 80% 3 70% 3 60% 4 50% 6 40% 8 30% 11 20% 19 10% 60 (B) The gasoline storage tank has been consecutively drained and refilled to at least 95 percent of capacity with gasoline containing less than 0.6 volume percent MTBE according to the following equation. N = -(0.222)+ log CO)/log (VL/VT Where: N = The number of times the gasoline storage tank must be drained and refilled. If the resultant number is not an integer, it shall be rounded up to the nearest integer. CO = The initial concentration, in volume percent, of MTBE in the gasoline storage tank. VL = The volume of gasoline (in gallons) left in the gasoline storage tank after each draining. VT = 95% of the capacity (in gallons) of the gasoline storage tank. (C) The following equation has been applied to consecutive drainings and fillings of the gasoline in the storage tank, and the equation shows an MTBE content of less than 0.6 percent by volume. The initial MTBE concentration (CO) of the gasoline in the storage tank when the equation is first applied shall be deemed to be 15 volume percent unless the MTBE content is determined in accordance with a testing methodology identified in section 2273(b)(1). For purposes of the equation, [i] the MTBE concentration of gasoline containing less than 0.6 volume percent MTBE shall be deemed to be zero, and [ii] the MTBE concentration of gasoline delivered with an invoice or other documentation stating that the gasoline contains MTBE shall be deemed to be 15 volume percent or, if the concentration of MTBE is stated on the documentation, that stated concentration. The executive officer shall make available upon request a computer program that may be used in applying the equation. C = CO(VL/(VL+VD)) + CD(VD/(VL +VD)) Where: C = The final concentration, in volume percent, of MTBE in the gasoline storage tank after the fuel delivery. CO = The initial concentration, in volume percent, of MTBE in the gasoline storage tank before the fuel delivery. CD = The concentration, in volume percent, of MTBE in the fuel being delivered to the gasoline storage tank. VL = The volume of gasoline (in gallons) left in the gasoline storage tank prior to fuel delivery. VD = The volume of gasoline (in gallons) delivered to the gasoline storage tank. (D) The gasoline has been consecutively drained and refilled in accordance with an alternative protocol which the executive officer has previously found in writing provides assurances of MTBE removal equivalent to the conditions in section 2273(b)(2)(A), (B), and (C). (c) Responsibility for compliance. The operator of the retail gasoline outlet shall be responsible for compliance with the labeling requirements in section 2273(a). (d) Deliveries of gasoline to retail outlets. (1) Any person delivering gasoline to a retail gasoline outlet from December 16, 1999 through December 30, 2003 shall provide to the outlet operator or responsible employee, at the time of delivery of the fuel, an invoice, bill of lading, shipping paper, or other documentation which states whether the gasoline does or does not contain 0.6 percent by volume or more MTBE, and which may identify the volumetric amount of MTBE in the gasoline. For purposes of determining compliance with this section 2273(d), the volumetric MTBE content of gasoline shall be determined by ASTM Test Method D 4815-99, which is incorporated herein by reference, or any other test method determined by the executive officer to give equivalent results. (2) No person shall deliver gasoline containing 0.6 percent by volume or more MTBE to a storage tank at a retail gasoline outlet unless at the time of the delivery either: (A) All pumps dispensing gasoline from the storage tank are labeled as containing MTBE, or (B) The party delivering the gasoline, or on whose behalf the delivery is being made, can demonstrate that it has received and is maintaining a nonsuperceded written notification from the operator of the retail gasoline outlet that all of the outlet's gasoline dispensing equipment, or all of the outlet's dispensing equipment dispensing gasoline of the grade being delivered, is labeled as containing MTBE. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; andWestern Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; andWestern Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2273.5. Documentation Provided with Delivery of Gasoline to Retail Outlets. Any person delivering gasoline to a retail gasoline outlet shall provide to the outlet operator or responsible employee, at the time of delivery of the fuel, an invoice, bill of lading, shipping paper, or other documentation which states whether the gasoline does or does not contain ethanol, and which may identify the volumetric amount of ethanol in the gasoline. If neither the outlet operator nor a responsible employee is at the outlet at the time of delivery, the documentation may be left at a reasonably secure location at the outlet. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; andWestern Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; andWestern Oil and Gas Ass'n v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2275. Requirements. s 2276. Other Criteria. s 2280. Sulfur Content of Motor Vehicle Diesel Fuel Sold in the South Coast Air Basin or Ventura County Before October 1, 1993. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39606, 41511, 43000, 43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2281. Sulfur Content of Diesel Fuel. (a) Regulatory Standard. (1)500 parts per million sulfur standard.On or after October 1, 1993, no person shall sell, offer for sale, or supply any vehicular diesel fuel which has a sulfur content exceeding 500 parts per million by weight. Once the 15 parts per million sulfur content standard becomes applicable to an activity in accordance with the phase-in schedule in subsection (a)(3), the 500 parts per million sulfur content standard shall no longer apply to that activity. (2)15 parts per million sulfur standard. Starting June 2006 in accordance with the phase-in schedule in subsection (a)(3), no person shall sell, offer for sale, supply or offer for supply any vehicular diesel fuel having a sulfur content exceeding 15 parts per million by weight. (3)2006 phase-in schedule.The 15 parts per million sulfur standard in section (a)(2) shall apply in place of the 500 parts per million sulfur standard in section (a)(1): (A) Starting June 1, 2006 to all sales, supplies or offers of vehicular diesel fuel from the production facility or import facility at which it was produced or imported. (B) Starting July 15, 2006 to all sales, supplies, or offers of vehicular diesel fuel except for transactions directly involving: 1. The fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, or 2. The delivery of vehicular diesel fuel from a bulk plant to a retail outlet or purchaser-consumer facility. (C) Starting September 1, 2006 to all sales, supplies, offers or movements of vehicular diesel, including transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility. (4)Phase-in of 2006 standard at low-throughput facilities.The 15 parts per million sulfur standard in section (a)(2) shall not apply to transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, where the person selling, offering, or supplying the diesel fuel demonstrates as an affirmative defense that the exceedance of the pertinent standard was caused by diesel fuel delivered to the retail outlet or bulk purchaser-consumer facility prior to July 15, 2006, or delivered to the retail outlet or bulk purchaser-consumer facility directly from a bulk plant prior to September 1, 2006. (5)Applicability of standards to California nonvehicular diesel fuel. (A) Activities involving California nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied solely for use in locomotives or marine vessels) are also subject to this section to the extent required by section 93114, title 17, California Code of Regulations. As adopted, section 93114 requires each air pollution control or air quality management district by December 12, 2004 to treat this section 2281 as applying to California nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied solely for use in locomotives or marine vessels) as if it were vehicular diesel fuel, and to enforce those requirements regarding California nonvehicular diesel fuel, unless the district has proposed its own airborne toxic control measure to reduce particulate emissions from diesel-fueled engines through standards for nonvehicular diesel fuel. (B) Activities involving California nonvehicular diesel fuel used in harborcraft and most diesel-electric intrastate locomotives are also subject to this section 2281 as if the fuel were vehicular diesel fuel, to the extent required by section 2299, title 13, California Code of Regulations, and section 93117, title 17, California Code of Regulations. As adopted, these regulations make nonvehicular diesel fuel used in most harborcraft in the South Coast Air Quality Management District subject to the requirements of this section 2281 starting January 1, 2006, and make all California nonvehicular diesel fuel used in most harborcraft and diesel-electric intrastate locomotives subject to this section 2281 starting January 1, 2007. (6) Subsections (a)(1) and (2) shall not apply to a sale, offer for sale, or supply of diesel fuel to a refiner where the refiner further processes the diesel fuel at the refiner's refinery, prior to any subsequent sale, offer for sale, or supply of the diesel fuel. (b) Definitions. For the purposes of this section: (0.2) "Bulk purchaser-consumer" means a person that purchases or otherwise obtains diesel fuel in bulk and then dispenses it into the fuel tanks of motor vehicles owned or operated by the person. (0.5) "Bulk plant" means an intermediate diesel fuel distribution facility where delivery of diesel fuel to and from the facility is solely by truck. (0.8) "California nonvehicular diesel fuel" means any diesel fuel that is not vehicular diesel fuel and that is sold or made available for use in engines in California. (1) "Diesel fuel" means any fuel that is commonly or commercially known, sold or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons - organic compounds consisting exclusively of the elements carbon and hydrogen - that is sold or represented as suitable for use in an internal combustion, compression-ignition engine. (2) "Executive Officer" means the executive officer of the Air Resources Board, or his or her designee. (3) "Further process" means to perform any activity on diesel fuel, including distillation, desulfurization, or blending, for the purpose of bringing the diesel fuel into compliance with the standard in subsection (a)(1). (3.5) "Marine vessel" has the meaning set forth in section 39037.1 of the Health and Safety Code. (4) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code. (5) "Produce" means to convert liquid compounds which are not diesel fuel into diesel fuel. (6) "Producer" means any person who produces vehicular diesel fuel in California. (7) "Refiner" means any person who owns, leases, operates, controls or supervises a refinery. (8) "Refinery" means a facility that produces liquid fuels by distilling petroleum. (9) "Small refiner" means any refiner who owns or operates a refinery in California that: (A) Has and at all times had since January 1, 1978, a crude oil capacity of not more than 50,000 barrels per stream day; (B) Has not been at any time since September 1, 1988, owned or controlled by any refiner that at the same time owned or controlled refineries in California with a total combined crude oil capacity of more than 50,000 barrels per stream day; and (C) Has not been at any time since September 1, 1988, owned or controlled by any refiner that at the same time owned or controlled refineries in the United States with a total combined crude oil capacity of more than 137,500 barrels per stream day. (10) "Stream day" means 24 consecutive hours of actual operation of a refinery. (11) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. (12) "Vehicular diesel fuel" means any diesel fuel (A) which is not conspicuously identified as a fuel which may not lawfully be dispensed into motor vehicle fuel tanks in California; or (B) which the person selling, offering for sale, or supplying the diesel fuel knows will be dispensed into motor vehicle fuel tanks in California; or (C) which the person selling, offering for sale, or supplying the diesel fuel in the exercise of reasonable prudence should know will be dispensed into motor vehicle fuel tanks in California, and that is not the subject of a declaration under penalty of perjury by the purchaser, offeree or recipient stating that s/he will not sell, offer for sale, or transfer the fuel for dispensing, or dispense the fuel, into motor vehicle fuel tanks in California. (c) Test Method. (1)Test Method for 500 ppm sulfur standard.The sulfur content of diesel fuel limitation of 500 parts per million specified in subsection (a)(1) shall be determined by ASTM Test Method D 2622-94, which is incorporated herein by reference, or any other test method determined by the executive officer to give equivalent results. (2)Test Method for 15 ppm sulfur standard.The sulfur content of diesel fuel limitation of 15 parts per million specified in subsection (a)(2) shall be determined by ASTM Test Method D 5453-93, which is incorporated herein by reference, or any other test method determined by the executive officer to give equivalent results. (d)Presumed Sulfur Content of Diesel Fuel Represented As Being for Nonvehicular Use. (1) All diesel fuel which has been identified or represented as a fuel which may not be dispensed into motor vehicles in California, and which would otherwise be subject to the 500 parts per million by weight sulfur content standard in subsection (a)(1), shall be deemed to have a sulfur content exceeding 500 parts per million by weight, as determined by a test method identified in subsection (c)(1), unless the fuel is tested in accordance with a method identified in subsection (c)(1) and is shown to have a sulfur content of 500 parts per million by weight or less. (2) All diesel fuel which has been identified or represented as a fuel which may not be dispensed into motor vehicles in California, and which would otherwise be subject to the 15 parts per million by weight sulfur content standard in subsection (a)(2), shall be deemed to have a sulfur content exceeding 15 parts per million by weight, as determined by a test method identified in subsection (c)(2), unless the fuel is tested in accordance with a method identified in subsection (c)(2) and is shown to have a sulfur content of 15 parts per million by weight or less. (e) Variances. (1) Any person who cannot comply with the requirements set forth in subsection (a)(1) or (a)(2) as applicable because of reasons beyond the person's reasonable control may apply to the executive officer for a variance. The application shall set forth: (A) the specific grounds upon which the variance is sought; (B) the proposed date(s) by which compliance with the provisions of subsection (a)(1) or (a)(2) will be achieved; and (C) a plan reasonably detailing the method by which compliance will be achieved. (2) Upon receipt of an application for a variance containing the information required in subsection (e)(1), the executive officer shall hold a hearing to determine whether, or under what conditions and to what extent, a variance from the requirements in subsection (a)(1) or (a)(2) as applicable is necessary and will be permitted. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 20 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 20 days prior to the hearing. (3) At least 20 days prior to the hearing, the application for the variance shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify at the hearing and their testimony shall be considered. (4) No variance shall be granted unless all of the following findings are made: (A) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with subsection (a)(1) or (a)(2) as applicable would result in an extraordinary economic hardship; (B) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance. (C) that the compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible. (5) Any variance order shall specify a final compliance date by which the requirements in subsection (a)(1) or (a)(2) as applicable will be achieved. Any variance order shall also contain a condition that specified increments of progress necessary to assure timely compliance be achieved, and such other conditions, including limitations on the sulfur content of diesel fuel produced for use in motor vehicles, that the executive officer, as a result of the testimony received at the hearing, finds necessary to carry out the purposes of division 26 of the Health and Safety Code. (6) The executive officer may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms and conditions of the variance. Such bond may providethat, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the state board, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the state board an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance. (7) No variance from the requirements set forth in subsection (a)(1) or (a)(2) as applicable based on a plan for compliance which includes the installation of major additional equipment shall be issued to a producer where installation of the equipment was not included in a compliance plan or first update submitted pursuant to subsection (f). No such variance shall have a duration of more than three years. (8) No variance which is issued due to conditions of breakdown, repair, or malfunction of equipment shall have a duration, including extensions, of more than six months. (9) The executive officer may, after holding a hearing without complying with the provisions of subsections (e)(2) and (e)(3), issue an emergency variance to a person from the requirements of subsections (a)(1) or (a)(2) as applicable upon a showing of reasonably unforeseeable extraordinary hardship and good cause that a variance is necessary. In connection with the issuance of an emergency variance, the executive officer may waive the requirements of subsection (e)(6). No emergency variance may extend for a period of more than 45 days. If the applicant for an emergency variance does not demonstrate that he or she can comply with the provisions of subsection (a)(1) or (a)(2) as applicable within such 45-day period, an emergency variance shall not be granted unless the applicant makes a prima facie demonstration that the findings set forth in subsection (e)(4) should be made. The executive officer shall maintain a list of persons who have informed the executive officer in writing of their desire to be notified by telephone in advance of any hearing held pursuant to this paragraph (e)(9), and shall provide advance telephone notice to any such person. (10) A variance shall cease to be effective upon failure of the party to whom the variance was granted substantially to comply with any condition. (11) Upon the application of any person, the executive officer may review and for good cause modify or revoke a variance from the requirements of subsection (a)(1) or (a)(2) as applicable after holding a hearing in accordance with the provisions of subsections (e)(2) and (e)(3). (g) Submittal of Compliance Plan.Each producer shall, by September 1, 2004, submit to the executive officer a plan showing the producer's schedule for achieving compliance with subsection (a)(2). Each producer shall, by July 1, 2005, submit an update of the plan. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018, and 43101 of the Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 39667, 41511, 43000, 43016, 43018, and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2282. Aromatic Hydrocarbon Content of Diesel Fuel. (a) Regulatory Standard. (1) On or after October 1, 1993, except as otherwise provided in this subsection (a), no person shall sell, offer for sale, or supply any vehicular diesel fuel unless: (A) The aromatic hydrocarbon content does not exceed 10 percent by volume; or (B) The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection (d), and: 1. The aromatic hydrocarbon content does not exceed the designated alternative aromatic hydrocarbon limit, and 2. Where the designated alternative aromatic hydrocarbon limit exceeds 10 percent by volume, the excess aromatic hydrocarbon content is fully offset in accordance with subsection (d); or (C) The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection (g)(7), and meets all of the specifications for a certified diesel fuel formulation identified in an applicable Executive Order issued pursuant to subsection (g)(6); or (D) The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection (h)(2), and meets all of the designated equivalent limits set forth in subsection (h)(1); or (E) The vehicular diesel fuel is exempt under subsection (e) and: 1. The aromatic hydrocarbon content does not exceed 20 percent by volume; or 2. The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection (d) and a. The aromatic hydrocarbon content does not exceed the designated alternative limit, and b. Where the designated alternative limit exceeds 20 percent by volume, the excess aromatic hydrocarbon content is fully offset in accordance with subsection (d), treating all references in subsection (d) to 10 percent by volume as references to 20 percent by volume; or 3. The vehicular diesel fuel has been reported in accordance with all of the requirements of subsection (g)(7), and meets all of the specifications for a certified diesel fuel formulation identified in an applicable Executive Order issued pursuant to subsections (g)(6) and (g)(8). (2)Applicability of standards to California nonvehicular diesel fuel. (A) Activities involving California nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied solely for use in locomotives or marine vessels) are also subject to this section to the extent required by section 93114, title 17, California Code of Regulations. As adopted, section 93114 requires each air pollution control or air quality management district by December 12, 2004 to treat this section 2282 as applying to California nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied solely for use in locomotives or marine vessels) as if it were vehicular diesel fuel, and to enforce those requirements regarding California nonvehicular diesel fuel, unless the district has proposed its own airborne toxic control measure to reduce particulate emissions from diesel-fueled engines through standards for nonvehicular diesel fuel. (B) Activities involving California nonvehicular diesel fuel used in harborcraft and most diesel-electric intrastate locomotives are also subject to this section 2282 as if the fuel were vehicular diesel fuel, to the extent required by section 2299, title 13, California Code of Regulations, and section 93117, title 17, California Code of Regulations. As adopted, these regulations make nonvehicular diesel fuel used in most harborcraft in the South Coast Air Quality Management District subject to the requirements of this section 2282 starting January 1, 2006, and make all California nonvehicular diesel fuel used in most harborcraft and diesel-electric intrastate locomotives subject to this section 2282 starting January 1, 2007. (3) Subsection (a)(1) shall not apply to a sale, offer for sale, or supply of vehicular diesel fuel to a refiner where the refiner further processes the diesel fuel at the refiner's refinery prior to any subsequent sale, offer for sale, or supply of the diesel fuel. (b) Definitions. For the purposes of this section: (0.5) "Aromatic hydrocarbon" has the same meaning as "total aromatic hydrocarbons." (0.7) "California nonvehicular diesel fuel" means any diesel fuel that is not vehicular diesel fuel and that is sold or made available for use in engines in California. (1) "Chemical composition" means the name and percentage by weight of each compound in an additive and the name and percentage by weight of each element in an additive. (2) "Designated alternative limit" means an alternative aromatic hydrocarbon limit, expressed in percent aromatic hydrocarbon content by volume, which is assigned by a producer or importer to a final blend of vehicular diesel fuel pursuant to subsection (d). (3) "Diesel fuel" means any fuel that is commonly or commercially known, sold or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons - organic compounds consisting exclusively of the elements carbon and hydrogen - that is sold or represented as suitable for use in an internal combustion, compression-ignition engine. (4) "Exempt volume" means: (A) Except as otherwise provided in subsection (b)(4)(B), 65 percent of the average of the three highest annual production volumes of distillate fuel reported for a small refiner's California refinery in the period 1983 to 1987, inclusive, to the California Energy Commission (CEC) as required by the Petroleum Industry Information Reporting Act of 1980 (Public Resources Code Sections 25350 et seq.); provided that for any small refiner that reported no distillate fuel production for two or more years in the 1983-1987 period and that has installed hydrotreating processes which allow the production of diesel fuel with a sulfur content of 500 parts per million or less, exempt volume may be calculated as 65 percent of the average annual production volumes of distillate fuel reported for the small refiner's California refinery for 1989 and 1990. (B) In the case of a small refiner who, in an application or amended application submitted pursuant to subsection (e)(2), notifies the executive officer of its election to be subject to this subsection (b)(4)(B), a volume determined in accordance with the following four steps: 1. First, the barrel per calendar day "operable crude oil capacity" of the small refiner's refinery for 1991 and 1992 is identified, based on data which are reported to the Executive Officer from the CEC and are derived from "Monthly Refining Reports" (EIA 810, Revised 1/89) submitted to the CEC no later than June 20, 1994. If the CEC is unable to derive such data from the "Monthly Refining Reports" for a particular small refiner, the executive officer shall determine the small refiner's operable crude oil capacity for 1991 and 1992 based on other publicly available and generally recognized sources. 2. Second, this operable crude oil capacity is multiplied by 0.9011, representing the overall refinery utilization rate (crude oil run divided by operable crude oil capacity) in the California refining industry for 1991 and 1992, as derived from reports of crude oil run and operable capacity in the "Quarterly Oil Reports" issued by the CEC. 3. Third, the resulting crude throughput volume is multiplied by the average of the refinery's two highest ratios of distillate produced to crude oil distilled in the period 1988 through 1992, based on distillate production data recorded by the CEC from MO-7 reporting forms (Revised 11-87) submitted to the CEC no later than June 30, 1994 and from crude oil run data derived by the CEC from "Monthly Refining Reports" submitted to the CEC no later than June 30, 1994, and is further multiplied by 365 to identify an annualized value. 4. Fourth, the resulting annual volume of distillate production is multiplied by a fraction determined in accordance with this subsection (b)(4)(B)4., which represents the average proportion of small refiners' distillate production that has been sold as diesel fuel for use in motor vehicles in California from 1988 through 1992. The fraction shall be based on the activities of all small refiners who during October 1, 1993 through June 30, 1994 lawfully produced and supplied vehicular diesel fuel. With respect to each such small refiner, the executive officer shall calculate a single fraction representing the average of the refiner's two highest annual ratios of [a] diesel fuel produced by the small refiner and sold for use in California motor vehicles to [b] distillate produced, over the period 1988 through 1992. In calculating these ratios, distillate production shall be based on distillate production data recorded by the CEC from MO-7 reporting forms (Revised 11-87) submitted to the CEC no later than June 30, 1994, and the volume of diesel fuel produced by the small refiner and sold for use in California motor vehicles shall be derived from sales data certified by authorized representatives of the small refiners and such other information from the small refiners deemed necessary by the executive officer. The executive officer shall then combine the single fractions for each such small refiner. The annual distillate production volume identified pursuant to subsection (b)(4)(B)3. shall be multiplied by the fraction that represents the average of the single fractions for each small refiner. (5) "Executive Officer" means the executive officer of the Air Resources Board, or his or her designee. (6) "Final blend" means a distinct quantity of diesel fuel which is introduced into commerce in California without further alteration which would tend to affect the fuel's aromatic hydrocarbon content. (7) "Formulation" means the composition of a diesel fuel represented by a test fuel submitted pursuant to subsection (g). (8) "Further process" means to perform any activity on diesel fuel, including distillation, treating with hydrogen, or blending, for the purpose of bringing the diesel fuel into compliance with the standards in subsection (a)(1). (9) "Hydrodearomatization process" means a type of hydrotreating process in which hydrogen is used in the presence of heat, pressure, and catalysts to saturate aromatic hydrocarbons in order to produce low-aromatic hydrocarbon content diesel fuel. (10) "Importer" means any person who first accepts delivery in California of vehicular diesel fuel. (11) "Import facility" means the facility at which imported diesel fuel is first received in California, including, in the case of diesel fuel imported by cargo tank and delivered directly to a facility for dispensing diesel fuel into motor vehicles, the cargo tank in which the diesel fuel is imported. (12) "Marine vessel" has the meaning set forth in section 39037.1 of the Health and Safety Code. (13) "Motor vehicle" has the same meaning as defined in Section 415 of the Vehicle Code. (14) "Polycyclic aromatic" (also referred to as "polynuclear aromatic hydrocarbons" or "PAH") means an organic compound containing two or more aromatic rings. (15)(A) "Produce" means to convert liquid compounds which are not diesel fuel into diesel fuel. When a person blends volumes of blendstocks which are not diesel fuel with volumes of diesel fuel acquired from another person, and the resulting blend is diesel fuel, the person conduction such blending has produced only the portion of the blend which was not previously diesel fuel. When a person blends diesel fuel with other volumes of diesel fuel, without the addition of blendstocks which are not diesel fuel, the person does not produce diesel fuel. (B) Subsection (b)(15)(A) notwithstanding, for the purposes of subsection (e) only, a small refiner who blends volumes of blendstocks which are not diesel fuel, or volumes of diesel fuel having an aromatic hydrocarbon content exceeding 20 percent by volume, with diesel fuel acquired from another person, in order to make diesel fuel having an aromatic hydrocarbon content not exceeding 20 percent by volume, shall be deemed to have produced the entire volume of the resulting blend and the person who initially converted non-diesel compounds into the acquired iesel fuel has also produced the volume of acquired diesel fuel. (16) "Producer" means any person who produces vehicular diesel fuel in California. (17) "Refiner" means any person who owns, leases, operates, controls or supervises a refinery. (18) "Refinery" means a facility that produces liquid fuels by distilling petroleum. A small refiner's refinery includes all bulk storage and bulk distribution facilities jointly owned or leased with the facility that produces liquid fuels by distilling petroleum. (19) "Small refiner" means any refiner who owns or operates a refinery in California that: (A) Has and at all times had since January 1, 1978, a crude oil capacity of not more than 55,000 barrels per stream day; (B) Has not been at any time since September 1, 1988, owned or controlled by any refiner that at the same time owned or controlled refineries in California with a total combined crude oil capacity of more than 55,000 barrels per stream day; and (C) Has not been at any time since September 1, 1988, owned or controlled by any refiner that at the same time owned or controlled refineries in the United States with a total combined crude oil capacity of more than 137,500 barrels per stream day. (20) "Straight-run California diesel fuel" means diesel fuel produced from crude oil which is commercially available in California by distillation, without the use of cracking or other chemical conversion processes. (21) "Stream day" means 24 consecutive hours of actual operation of a refinery. (22) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. (23) "Vehicular diesel fuel" means any diesel fuel (A) which is not conspicuously identified as a fuel which may not lawfully be dispensed into motor vehicle fuel tanks in California; or (B) which the person selling, offering for sale, or supplying the diesel fuel knows will be dispensed into motor vehicle fuel tanks in California; or (C) which the person selling, offering for sale, or supplying the diesel fuel in the exercise of reasonable prudence should know will be dispensed into motor vehicle fuel tanks in California, and that is not the subject of a declaration under penalty of perjury by the purchaser, offeree or recipient stating that s/he will not sell, offer for sale, or transfer the fuel for dispensing, or dispense the fuel, into motor vehicle fuel tanks in California. (c) Test Method. Compliance with the aromatic hydrocarbon content limitations specified in this section 2282 shall be determined by ASTM Test Method D 5186- 96, which is incorporated herein by reference. The following correlation equation shall be used to convert the SFC results in mass percent to volume percent. Correlation Equation: Aromatic Hydrocarbons expressed in % by volume = 0.916x (Aromatic Hydrocarbons expressed in % by weight) + 1.33 (d) Designated Alternative Limit Designated Alternative Aromatic Hydrocarbon Limit. (1) A producer or importer may assign a designated alternative limit in accordance with this subsection (d) to a final blend of vehicular diesel fuel produced or imported by the producer or importer. In no case may the designated alternative limit be less than the aromatic hydrocarbon content of the final blend shown by the sample and test conducted pursuant to subsection (f). (2) The producer or importer shall notify the executive officer of the volume (in gallons) and the designated alternative limit of the final blend. This notification shall be received by the executive officer before the start of physical transfer of the diesel fuel from the production or import facility, and in no case less than 12 hours before the producer either completes physical transfer or comingles the final blend. (3) Within 90 days before or after the start of physical transfer of any final blend of vehicular diesel fuel to which a producer or importer has assigned a designated alternative limit exceeding 10 percent, the producer or importer shall complete physical transfer from the production or import facility of vehicular diesel fuel in sufficient quantity and with a designated alternative limit sufficiently below the limit specified in subsection (a)(1)(A) to offset the volume of aromatic hydrocarbons in the diesel fuel reported in excess of the limit. (4) If, through no intentional or negligent conduct, a producer or importer cannot report within the time period specified in subsection (d)(2), then the producer or importer shall notify the executive officer of the required data as soon as reasonably possible and shall provide a written explanation of the cause of the delay in reporting. If, based on the written explanation and the surrounding circumstances, the executive officer determines that the conditions of this subsection (d)(4) are met, timely notification shall be deemed to have occurred. (5) The executive officer may enter into a protocol with any individual producer or importer for the purposes of specifying how the requirements in subsections (d)(2) and (3) shall be applied to the producer's or importer's particular operations, as long as the executive officer reasonably determines that application of the regulatory requirements under the protocol is not less stringent or enforceable than application of the express terms of subsections (d)(2) and (3). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol. (6) No person shall sell, offer for sale, or supply vehicular diesel fuel, in a final blend to which a producer or importer has assigned a designated alternative limit exceeding 10 percent aromatics content, where the total volume of the final blend sold, offered for sale, or supplied exceeds the volume reported to the executive officer pursuant to subsection (d)(2) or (5). (7) No person shall sell, offer for sale or supply vehicular diesel fuel, in a final blend to which a producer or importer has assigned a designated alternative limit less than 10 percent aromatics content, where the total volume of the final blend sold, offered for sale, or supplied is less than the volume reported to the executive officer pursuant to subsection (d)(2) or (5). (8) Whenever the final blend of a producer includes volumes of diesel fuel the producer has produced and volumes it has no produced, the producer's designated alternative limit shall apply only to the volume of diesel fuel the producer has produced. In such a case, the producer shall report to the ARB in accordance with subsection (d)(2) both the volume of diesel fuel produced and the total volume of the final blend. (e) Small Refiner Diesel Fuel. (1) The provisions of subsection (a)(1)(A), (B), and (C) shall not apply to the diesel fuel that is produced by a small refiner at the small refiner's California refinery and that is first consecutively supplied from the refinery as vehicular diesel fuel in each calendar year, up to the small refiner's exempt volume (up to one quarter of the small refiner's exempt volume for the period from October 1, 1993-December 31, 1993). Diesel fuel which is designated by the small refiner as not exempt under this section (e), and which is reported to the executive officer pursuant to a protocol entered into between the small refiner and the executive officer, shall not be counted against the exempt volume and shall not be exempt under this subsection (e). This exemption shall not apply to any diesel fuel supplied from a small refiner's refinery in any calendar quarter in which less than 25 percent of the diesel fuel supplied from the refinery was produced from the distillation of crude oil at the refinery. The foregoing notwithstanding in the case of any small refiner that pursuant to subsection (a)(4) has not been subject to subsection (a)(1) until October 1, 1994, all vehicular diesel fuel produced by the small refiner at the small refiner's California refinery and supplied from the refinery from October 1, 1994 through December 31, 1994, shall be exempt from the provisions of subsection (a)(1)(A), (B) and (C), up to the quarterly volume limits imposed by the executive officer in connection with issuance of suspension orders pursuant to section 2281(g). These quarterly volume limits are as follows: Kern Oil & Refining, 714,100 barrels; Paramount Petroleum, 1,064,700 barrels; and Powerine Oil Company, 1,419,600 barrels. (2) To qualify for an exemption under this subsection (e), a refiner shall submit to the executive officer an application for exemption executed in California under penalty of perjury, on the Air Resources Board's ARB/SSD/CPB Form 89-9-1, for each of the small refiner's California refineries. The application shall specify the crude oil capacity of the refinery at all times since January 1, 1978, the crude oil capacities of all the refineries in California and the United States which are owned or controlled by, or under common ownership or control with, the small refiner since September 1, 1988, data demonstrating that the refinery has the capacity to produce liquid fuels by distilling petroleum, and copies of the reports made to the California Energy Commission as required by the Petroleum Industry Reporting Act of 1980 (Public Resources Code sections 25350 et seq.) showing the annual production volumes of distillate fuel at the small refiner's California refinery for 1983 through 1987. Within 90 days of receipt of the application, the executive officer shall grant or deny the exemption in writing. The exemption shall be granted if the executive officer determines that the applicant has demonstrated that s/he meets the provisions of subsection (b)(19), and shall identify the small refiner's exempt volume. The exemption shall immediately cease to apply at any time the refiner ceases to meet the definition of small refiner in subsection (b)(19). (3) In addition to the requirements of subsection (f) below, each small refiner who is covered by an exemption shall submit to the executive officer reports containing the information set forth below for each of the small refiner's California refineries. The reports shall be executed in California under penalty of perjury, and must be received within the time indicated below: (A) The quantity, ASTM grade, aromatic hydrocarbon content, and batch identification of all diesel fuel, produced by the small refiner, that is supplied from the small refinery in each month as vehicular diesel fuel, within 15 days after the end of the month; (B) For each calendar quarter, a statement whether 25 percent or more of the diesel fuel transferred from the small refiner's refinery was produced by the distillation of crude oil at the small refiner's refinery, within 15 days after the close of such quarter; (C) The date, if any, on which the small refiner completes transfer from its small refinery in a calendar year of the maximum amount of vehicular diesel fuel which is exempt from subsection (a)(1)(A) and (B) pursuant to subsection (e), within 5 days after such date; (D) Within 10 days after project completion, any refinery addition or modification which would affect the qualification of the refiner as a small refiner pursuant to subsection (b)(19); and (E) Any change of ownership of the small refiner or small refiner's refinery, within 10 days after such change of ownership. (4) Whenever a small refiner fails to provide records identified in subsection (e)(3)(A) or (B) in accordance with the requirements of those subsections, the vehicular diesel fuel supplied by the small refiner from the small refiner's refinery in the time period of the required records shall be presumed to have been sold or supplied by the small refiner in violation of section (a)(1)(A). (5) Offsetting Excess Emissions From Gasoline Subject to the Small Refiner CaRFG Phase 3 Standards. (A) Annual elections. No later than December 22 of each calendar year starting with 2002, a small refiner who is also a qualifying small refiner as defined in the CaRFG regulations (section 2260(a)(28.5)) may by notification to the executive officer make the following elections: 1. Whether the small refiner elects to produce gasoline subject to the small refiner CaRFG Phase 3 standards in section 2272(a) in the coming year; 2. If electing to produce small refiner CaRFG Phase 3, whether the refiner elects the option of accepting a reduced exempt volume in the coming year to offset the excess emissions; 3. If electing to produce small refiner CaRFG Phase 3 but not to accept a reduced exempt volume, the refiner must elect for the coming year either (i) to produce offset small refiner diesel fuel with an exempt volume determined in accordance with section (b)(4), or (ii) to produce cleaner offset small refiner diesel fuel with an exempt volume expanded by 25 percent and restrictions on sales of high-aromatics California nonvehicular diesel fuel. (B) Effect of election. 1. Election not to produce small refiner CaRFG Phase 3. If a small refiner does not elect to produce gasoline subject to the small refiner CaRFG Phase 3 standards for a particular year, no gasoline sold or supplied from the small refiner's refinery in that year will qualify for the small refiner CaRFG Phase 3 standards in section 2272(a). 2. Election to accept a reduced exempt volume for small refiner diesel fuel. If a small refiner elects to accept a reduced exempt volume under section (f)(5)(A), the executive officer shall assign a substitute exempt volume for the year that is reduced sufficiently to offset the excess emissions of hydrocarbons, oxides of nitrogen, and potency-weighted toxics that would result from production of the small refiner's full qualifying volume of gasoline subject to the CaRFG Phase 3 standards. In the case of Kern Oil and Refining Co., its reduced exempt volume of small refiner diesel fuel would be 825,995 barrels per year (equal to 2263 bpd; 828,258 barrels per year in leap years) in place of 2,337,825 barrels per year (equal to 6405 bpd; 2,344,230 in leap years). 3. Election to retain the preexisting exempt volume and produce offset small refiner diesel fuel. If the small refiner elects to be subject to the exempt volume determined in accordance with section (b)(4), the executive officer shall adjust the aromatics and cetane number of the standards applicable to the small refiner sufficient to offset the potential increased emissions identified pursuant to section 2272(c)(5). In the case of Kern Oil and Refining Co., its exempt volume for the year would be 2,337,825 barrels per year (equal to 6405 bpd; 2,344,230 barrels per year in leap years). Any small refiner diesel fuel it sells or supplies as a certified alternative formulation equivalent to a 20 percent aromatics reference fuel must have an aromatic hydrocarbon content that is 2 percentage points lower, and a cetane number that is 0.5 higher, than is specified for the alternative formulation. Any small refiner diesel fuel it sells or supplies which is not designated as a certified alternative formulation must have an aromatic hydrocarbon content not exceeding 18 percent, or be subject to the designated alternative limit provisions in subsection (d) with all designated alternative limits above 18 percent by volume fully offset in accordance with subsection (d). 4. Election of expanded exempt volume with requirement for cleaner offset small refiner diesel fuel. If the small refiner elects to produce offset small refiner diesel fuel with an expanded exempt volume, its exempt volume for the year will be 125 percent of its exempt volume determined in accordance with section (b)(4). The executive officer shall adjust the aromatics and cetane number of the standards applicable to the potential volume of small refiner sufficient to offset the potential increased emissions identified pursuant to section 2272(c)(5). The small refiner will be prohibited during the year from selling or supplying diesel fuel that it has produced and is intended for nonvehicular applications in California unless the fuel meets the U.S. EPA's standards for diesel fuel for use in motor vehicles in 40 CFR sec. 80.29 as it existed July 1, 2000. In the case of Kern Oil and Refining Co., its exempt volume for the year would be 2,922,190 barrels per year (equivalent to 8006 bpd; 2,930,196 in leap years). Any small refiner diesel fuel it sells or supplies in the year as a certified alternative formulation equivalent to a 20 percent aromatics reference fuel must have an aromatic hydrocarbon content that is 3.5 percentage points lower, and a cetane number that is 0.5 higher, and an additive content that is 0.02 percentage points higher, than is specified for the alternative formulation. Any small refiner diesel fuel it sells or supplies which is not designated as a certified alternative formulation shall have an aromatic hydrocarbon content not exceeding 14 percent. 5. Additional requirement to sell or supply ultra-low sulfur diesel fuel. In addition to the requirements in section (f)(5)(B)1. through (f)(5)(B)4., a small refiner that elects to produce gasoline subject to the CaRFG Phase 3 standards for a year must sell or supply in that year up to 100 bpd of diesel fuel having a sulfur content not exceeding 30 ppm and an aromatic hydrocarbon content not exceeding 20 percent, to the extent there are buyers wishing to acquire that diesel fuel on commercially reasonable terms. (C) Early opt-in to produce small refiner CaRFG Phase 3. To the extent that the sale or supply of gasoline subject to the CaRFG Phase 3 standards before December 31, 2002 is permitted by section 2261(b)(3), a qualifying small refiner may elect to have to option of producing gasoline subject to the small refiner CaRFG Phase 3 standards for a full year or the remainder of a year prior to December 31, 2002. In that case, section (e)(5)(B)2.-5. would apply on a pro rata basis to the portion of the year on and after the effective date of the election, and the preexisting requirements would apply on a pro rata basis to the portion of the year prior to the effective date of the election. (f) Testing and Recordkeeping. (1) Each producer shall sample and test for aromatic hydrocarbon content each final blend of vehicular diesel fuel which the producer has produced, in accordance with an applicable test method identified in subsection (c). If a producer blends diesel fuel components directly to pipelines, tankships, railway tankcars, or trucks and trailers, the loading(s) shall be sampled and tested for aromatic hydrocarbon content by the producer or authorized contractor. The producer shall maintain, for two years from the date of each sampling, records showing the sample date, product sampled, container or other vessel sampled, final blend volume, and the aromatic hydrocarbon content. In the event a producer sells, offers for sale, or supplies diesel fuel which the producer claims is not vehicular diesel fuel and which has an aromatic hydrocarbon content exceeding the standard set forth in subsection (a)(1), such producer shall maintain, for two years from the date of any sale or supply of the fuel, records demonstrating that the diesel fuel was not vehicular diesel fuel when it was sold or supplied by the producer. All diesel fuel produced by the producer and not tested as vehicular diesel fuel by the producer pursuant to this subsection shall be deemed to have an aromatic hydrocarbon content exceeding 10 percent, unless the producer demonstrates that the diesel fuel meets the requirements of subsection (a)(1). (2) Each importer shall sample and test for aromatic hydrocarbon content each shipment of vehicular diesel fuel which the importer has imported by tankship, pipeline, railway tankcars, trucks and trailers, or other means, in accordance with an applicable test method identified in subsection (c). The importer shall maintain, for two years from the date of each sampling, records showing the sample date, product sampled, container or other vessel sampled, the volume of the shipment, and the aromatic hydrocarbon content. All diesel fuel imported by the importer and not tested as vehicular diesel fuel by the importer pursuant to this subsection shall be deemed to have an aromatic hydrocarbon content exceeding 10 percent, unless the importer demonstrates that the diesel fuel meets the requirements of subsection (a)(1). (3) A producer or importer shall provide to the executive officer any records required to be maintained by the producer or importer pursuant to this subsection (d) within 20 days of a written request from the executive officer if the request is received before expiration of the period during which the records are required to be maintained. Whenever a producer or importer fails to provide records regarding a final blend of vehicular diesel fuel in accordance with the requirements of this subsection, the final blend of diesel fuel shall be presumed to have been sold by the producer in violation of subsection (a)(1). (4) The executive officer may perform any sampling and testing deemed necessary to determine compliance by any person with the requirements of subsection (a) and may require that special samples be drawn and tested at any time. (5) The executive officer may enter into a protocol with any producer, importer, or person who sells, offers for sale, or transfers diesel fuel to a producer for the purpose of specifying alternative sampling, testing, recordkeeping, or reporting requirements which shall satisfy the provisions of subsections (f)(1), (f)(2), or (e)(3). The executive officer may only enter into such a protocol if s/he reasonably determines that application of the regulatory requirements under the protocol will be consistent with the state board's ability effectively to enforce the provisions of subsection (a). Any such protocol shall include the producer's or importer's agreement to be bound by the terms of the protocol. (g) Certified Diesel Fuel Formulations Resulting in Equivalent Emissions Reductions. (1) The executive officer, upon application of any producer or importer, may certify diesel fuel formulations in accordance with this subsection (g). The applicant shall initially submit a proposed test protocol to the executive officer. The proposed test protocol shall include: (A) the identify of the entity proposed to conduct the tests described in subsection (g)(4); (B) test procedures consistent with the requirements of this subsection (g); (C) test data showing that the candidate fuel meets the specifications for No. 2-D diesel fuel set forth in ASTM D975-81 (which is incorporated herein by reference), and identifying the characteristics of the candidate fuel set forth in subsection (g)(2); (D) test data showing that the fuel to be used as the reference fuel satisfies the specifications identified in subsection (g)(3); (E) reasonably adequate quality assurance and quality control procedures; and (F) notification of any outlier identification and exclusion procedure that will be used, and a demonstration that any such procedure meets generally accepted statistical principles. Within 20 days of receipt of a proposed test protocol, the executive officer shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. Within 15 days of submittal of additional information, the executive officer shall advise the applicant in writing either that the information submitted makes the proposed test protocol complete or that specified additional information is still required to make it complete. Within 20 days after the proposed test protocol is deemed complete, the executive officer shall either approve the test protocol as consistent with this subsection (g) or advise the applicant in writing of the changes necessary to make the test protocol consistent with this subsection (g). Any notification of approval of the test protocol shall include the name, telephone number, and address of the executive officer's designee to receive notifications pursuant to subsection (g)(4)(C)(ii). The tests shall not be conducted until the protocol is approved by the executive officer. Upon completion of the tests, the applicant may submit an application for certification to the executive officer. The application shall include the approved test protocol, all of the test data, a copy of the complete test log prepared in accordance with subsection (g)(4)(C)(ii), a demonstration that the candidate fuel meets the requirements for certification set forth in this subsection (g), and such other information as the executive officer may reasonably require. Within 20 days of receipt of an application, the executive officer shall advise the applicant in writing either that it is complete or that specified additional information is required to make it complete. Within 15 days of submittal of additional information, the executive officer shall advise the applicant in writing either that the information submitted makes the application complete or that specified additional information is still required to make it complete. Within 30 days after the application is deemed complete, the executive officer shall grant or deny the application. Any denial shall be accompanied by a written statement of the reasons for denial. (2)The candidate fuel. (A)1. The applicant shall supply the candidate fuel to be used in the comparative testing pursuant to subsection (g)(4). 2. The candidate fuel shall meet the specifications for No. 2-D diesel fuel set forth in ASTM D975-81, which is incorporated herein by reference, and shall also meet the requirements in subsections (g)(2)(A)3. and 4. 3.a. Except as otherwise provided in subsection (g)(2)(A)3.b., the candidate fuel shall meet the following specifications, which are identical to the comparable specifications for the reference fuel identified in subsection (g)(3): ASTM Candidate Fuel Property Test Method Specifications Gravity, API D287-82 33-39 Viscosity at 40<>C D455-83 2.0-4.1 Flash point,<>F D93-80 130 Distillation,<>F IBP D86-96 340-420 10% REC. 400-490 50% REC. 470-560 90% REC. 550-610 EP 580-660 b. The candidate fuel's value for one or more of the properties listed in the subsection (g)(2)(A)3.a. table may be outside the specification in the table if the applicant is specifying the property and candidate fuel's value pursuant to subsection (g)(2)(C). 4.a. Except for a property to which subsection (g)(2)(A)3.b applies, the gravity, viscosity, flash point and distillation values of the candidate fuel may not differ from the corresponding values of the reference fuel used in the engine emissions testing by more than one-half of the permitted range for the property. For example, if the API gravity of the reference fuel is 33, then the API gravity of the candidate fuel may not exceed 36. b. The candidate fuel's value for one or more of the properties listed in the subsection (g)(2)(A)3.a. table may differ from the corresponding value of the reference fuel used in the engine emissions testing by more than one-half of the permitted range for the property if the applicant is specifying the property and candidate fuel's value pursuant to subsection (g)(2)(C). (B) The following characteristics of the candidate fuel shall be determined as the average of three tests conducted in accordance with the referenced test method (the ASTM methods are incorporated herein by reference): 1.a. For formulations certified prior to August 14, 2004, sulfur content (not to exceed 500 ppm) by ASTM D2622-94; b. For formulations certified on or after August 14, 2004, sulfur content (not to exceed 15 ppm) by ASTM D5453-93; 2. Total aromatic hydrocarbon content, by ASTM D5186-96; 3. Polycyclic aromatic hydrocarbon content, by ASTM D5186-96; 4. Nitrogen content, by ASTM D4629-96; 5. Cetane number, by ASTM D613-84; 6. Identity and concentration of each additive, by a test method specified by the applicant and determined by the executive officer to adequately determine the presence and concentration of the additive. (C) The applicant may also specify any other parameters for the candidate fuel in addition to those listed in subsection (g)(2)(B), along with the test method for determining the parameters. The applicant shall provide the chemical composition of each additive in the candidate fuel, except that if the chemical composition of an additive is not known to either the applicant or to the manufacturer of the additive (if other), the applicant may provide a full disclosure of the chemical process of manufacture of the additive in lieu of its chemical composition. (3)The reference fuel. (A) The reference fuel used in the comparative testing described in subsection (g)(4) shall be produced from straight-run California diesel fuel by a hydrodearomatization process and shall have the characteristics set forth below under "General Reference Fuel Specifications" (the listed ASTM methods are incorporated herein by reference): Reference Fuel Specifications General Small Refiner ASTM Reference Fuel Reference Fuel Property Test Method Specifications Specifications Sulfur Content........... D2622-94 500 ppm max. 500 ppm max. [FN1]....... [FN1]............ [FN1] D5453-93 15 ppm max. 15 ppm max. [FN2]....... [FN2]............ [FN2] Aromatic Hydrocarbon Content, Vol. W4B D5186-96...... 10% max............ 20% max. Polycyclic Aromatic Hydrocarbon Content, WT. W4B D5186-96...... 1.4% max........... 4% max. Nitrogen Content......... D4629-96...... 10 ppm max......... 90 ppm max. Natural Cetane Number.... D613-84....... 48 minimum......... 47 minimum Gravity, API............. D287-82....... 33-39.............. 33-39 Viscosity at 40.......... D445-83....... 2.0-4.1............ 2.0-4.1 Flash point,............. D93-80........ 130................ 130 Distillation,............ D86-96........ IBP..................... .............. 340-420............ 340-420 10 % REC................ .............. 400-490............ 400-490 50 % REC................ .............. 470-560............ 470-560 90 % REC................ .............. 550-610............ 550-610 EP...................... .............. 580-660............ 580-660 [FN1] This test method and sulfur content maximum applies to all reference fuels used for formulations certified prior to August 14, 2004. [FN2] This test method and sulfur content maximum applies to all reference fuels used for formulations certified on or after August 1, 2004. (B) Where the candidate fuel's value for one or more properties is outside the specification in the table in subsection (g)(2)(A)3.a as permitted by subsection (g)(2)(A)3.b., the reference fuel's value for that property may not be on the opposite side of the mid-point of the range shown in the table. (4)(A) Exhaust emission tests using the candidate fuel and the reference fuel shall be conducted in accordance with the "California Exhaust Emission Standards and Test Procedures for 1985 and Subsequent Model Heavy-Duty Diesel-Powered Engines and Vehicles," as incorporated by reference in Title 13, California Code of Regulations, Section 1956.8(b). The tests shall be performed using a Detroit Diesel Corporation Series-60 engine, or, if the executive officer determines that the Series-60 is no longer representative of the post-1990 model year heavy-duty diesel engine fleet, another engine found by the executive office to be representative of such engines. A determination by the executive officer that an engine is no longer representative shall not affect the certification of a diesel fuel formulation based on prior tests using that engine pursuant to a protocol approved by the executive officer. (B) The comparative testing shall be conducted by a party or parties that are mutually agreed upon by the executive officer and the applicant. The applicant shall be responsible for all costs of the comparative testing. (C)1. The applicant shall use one of the following test sequences: a. If both cold start and hot start exhaust emission tests are conducted, a minimum of five exhaust emission tests shall be performed on the engine with each fuel, using either of the following sequences, where "R" is the reference fuel and "C" is the candidate fuel: RC RC RC RC RC and (continuing in the same order), or RC CR RC CR RC (and continuing in the same order). The engine mapping procedures and a conditioning transient cycle shall be conducted with the reference fuel before each cold start procedure using the reference fuel. The reference cycle used for the candidate shall be the same cycle as that used for the fuel preceding it. b. If only hot start exhaust emission tests are conducted, one of the following test sequences shall be used throughout the testing, where "R" is the reference fuel and "C" is the candidate fuel: Alternative 1: RC CR RC CR (continuing in the same order for a given calendar day; a minimum of twenty individual exhaust emission tests must be completed with each fuel) Alternative 2: RR CC RR CC (continuing in the same order for a given calendar day; a minimum of twenty individual exhaust emission tests must be completed with each fuel) Alternative 3: RRR CCC RRR CCC (continuing in the same order for a given calendar day; a minimum of twenty-one individual exhaust emission tests must be completed with each fuel) For all alternatives, an equal number of tests shall be conducted using the reference fuel and the candidate fuel on any given calendar day. At the beginning of each calendar day, the sequence of testing shall begin with the fuel that was tested at the end of the preceding day. The engine mapping procedures and a conditioning transient cycle shall be conducted after every fuel change and/or at the beginning of each day. The reference cycle generated from the reference fuel for the first test shall be used for all subsequent tests. For alternatives 2 and 3, each paired or triplicate series of individual tests shall be averaged to obtain a single value which would be used in the calculations conducted pursuant to section (g)(5)(C). 2. The applicant shall submit a test schedule to the executive officer at least one week prior to commencement of the tests. The test schedule shall identify the days on which the tests will be conducted, and shall provide for conducting the test consecutively without substantial interruptions other than those resulting from the normal hours of operations at the test facility. The executive officer shall be permitted to observe any tests. The party conducting the testing shall maintain a test log which identifies all tests conducted, all engine mapping procedures, all physical modifications to or operational tests of the engine, all recalibrations or other changes to the test instruments, and all interruptions between tests and the reason for each such interruption. The party conducting the tests or the applicant shall notify the executive officer by telephone and in writing of any unscheduled interruption resulting in a test delay of 48 hours or more, and of the reason for such delay. Prior to restarting the test, the applicant or person conducting the tests shall provide the executive officer with a revised schedule for the remaining tests. All tests conducted in accordance with the test schedule, other than any tests rejected in accordance with an outlier identification and exclusion procedure included in the approved test protocol, shall be included in the comparison of emissions pursuant to subsection (g)(5). (D) In each test of a fuel, exhaust emissions of oxides of nitrogen (NOx) and particulate matter (PM) shall be measured. In addition, for each test the soluble organic fraction (SOF) of the particle matter in the exhaust emissions shall be determined in accordance with the Air Resources Board's "Test Method for Soluble Organic Fraction (SOF) Extraction" dated April 1989, which is incorporated herein by reference. (5) The average emissions during testing with the candidate fuel shall be compared to the average emissions during testing with the reference fuel , applying one-sided Student's t statistics as set forth in Snedecar and Cochran, Statistical Methods (7th ed.), page 91, Iowa State University Press, 1980, which is incorporated herein by reference. The executive officer shall issue a certification pursuant to this paragraph only if he or she makes all of the determinations set forth in subsections (g)(5)(A) and (B) below, after applying the criteria in subsection (g)(5)(C). (A) The average individual emissions of NOx, PM, and SOF, respectively, during testing with the candidate fuel do not exceed the average individual emissions of NOx, PM, and SOF, respectively, during testing with the reference fuel. (B) Use of any additive identified pursuant to subsection (g)(2)(B)6. in heavy-duty engines will not increase emissions of noxious or toxic substances which would not be emitted by such engines operating without the additive. (C) In order for the determinations in subsection (g)(5)(A) to be made, for each referenced pollutant the candidate fuel shall satisfy the following relationship: Where: X c = Average emissions during testing with the candidate fuel X R = Average emissions during testing with the reference fuel d = tolerance level equal to 1 percent of X R for NOx, 2 percent of X R for PM, and 1 percent of X R for SOF. S p = Pooled standard deviation t (a, 2n-2) = The one-sided upper percentage point of t distribution with a = 0.15 and 2n-2 degrees of freedom n = Number of tests of candidate and reference fuel (6) If the executive officer finds that a candidate fuel has been properly tested in accordance with this subsection (g), and makes the determinations specified in subsection (g)(5), then he or she shall issue an Executive Order certifying the diesel fuel formulation represented by the candidate fuel. The Executive order shall identify all of the characteristics of the candidate fuel determined pursuant to subsection (g)(2). The Executive Order shall provide that the certified diesel fuel formulation has the following specifications: (1) a sulfur content, total aromatic hydrocarbon content, polycyclic aromatic hydrocarbon content, and nitrogen content not exceeding that of the candidate fuel, (2) a cetane number not less than that of the test fuel, (3) any additional fuel specification required under subsection (g)(2)(A)3.b, and (4) presence of all additives that were contained in the candidate fuel, in a concentration not less than in the test fuel, except for an additive demonstrated by the applicant to have the sole effect of increasing cetane number. All such characteristics shall be determined in accordance with the test methods identified in subsection (g)(2). The Executive Order shall assign an identification name to the specific certified diesel fuel formulation. (7) In order for a producer or importer of a final blend to comply with subsection (a) through the sale, offer for sale or supply of a certified diesel fuel formulation, the producer or importer shall notify the executive officer in accordance with this subsection (g)(7). The notification shall identify the final blend and the identification name of the certified diesel fuel formulation. The notification shall be received by the executive officer at least 12 hours before start of physical transfer of the final blend from the production or import facility. A producer or importer intending to have a series of its final blends be a specific certified formulation may enter into a protocol with the executive officer for reporting such blends as long as the executive officer reasonably determines the reporting under the protocol would provide at least as much notice to the executive officer as notification pursuant to the express terms of this subsection (g)(7). (8) A small refiner may apply for certification of a diesel fuel formulation to be sold pursuant to subsection (a)(1)(C). All of the provisions of this subsection (g) shall apply to certification of such a diesel fuel formulation, except the reference fuel in the comparative testing described in subsection (g)(4) shall have the characteristics set forth under "Small Refiner Reference Fuel Specifications" in the table in subsection (g)(3). (9) (A) If the executive officer determines that a commercially available diesel fuel blend meets all of the specifications of a certified diesel fuel formulation set forth in an Executive Order issued pursuant to subsection (g)(6), but does not meet the criteria in subsection (g)(5) when tested in accordance with subsection (g)(4), the executive officer shall modify the certification order as is necessary to assure that diesel fuel blends sold commercially pursuant to the certification will meet the criteria set forth in subsection (g)(5). The modifications to the order may include additional specifications or conditions, or a producer of the commercially available diesel fuel blend found not to meet the criteria. (B) The executive officer shall not modify a prior certification order without the consent of the applicant and of the producer of the commercially available diesel fuel blend found not to meet the criteria, unless the applicant and producer are first afforded an opportunity for a hearing in accordance with Title 17, California Code of Regulations, Part III, Chapter 1, Subchapter 1, Article 4 (commencing with Section 60040). If the executive officer determines that a producer would be unable to comply with this regulation as a direct result of an order modification pursuant to this subsection, the executive officer may delay the effective date of such modification for such period of time as is necessary to permit the producer to come into compliance in the exercise of all reasonable diligence. (10) Any diesel fuel formulation certified in accordance with this subsection (g) as it existed before the amendments effective 12/26/91 shall no longer be considered certified after 12/26/91 unless the executive officer determines that the test data submitted with the application demonstrates that the diesel fuel formulation satisfies the criteria for certification in subsection (g) as amended effective 12/26/91. (h) Designated Equivalent Limits. (1)Designated equivalent limits.The designated equivalent limits under this section 2282 are set forth in the following table. Compliance with the limits for the properties shall be determined by the specified ASTM methods, which are incorporated herein by reference. Property Equivalent Limit Test Method Aromatic Hydrocarbon <=21.0 ASTM D5186-96 Content (% by wt.) PAH Content (% by wt.) <=3.5 ASTM D5186-96 API Gravity <=36.9 ASTM D287-82 Cetane Number <=53 ASTM D613-84 Nitrogen Content (ppmw) <=500 ASTM D4629-96 Sulfur Content (ppmw) <= 160 before 6/1/06 ASTM D2262-94 before 6/1/06 <= 15 starting 6/1/06 ASTM D5453-93 starting 6/1/06 (2)Notification requirements.In order for a producer or importer of a final blend to comply with subsection (a) through the sale, offer for sale or supply of diesel fuel subject to all of the designated equivalent limits in subsection (h)(1), the producer or importer shall notify the executive officer in accordance with this subsection (h)(2). The notification shall identify the final blend subject to the designated equivalent limits and must be received by the executive officer at least 12 hours before start of physical transfer of the final blend from the production or import facility. A producer or importer intending to have a series of its final blends be subject to the designated equivalent limits may enter into a protocol with the executive officer for reporting such blends as long as the executive officer reasonably determines the reporting under the protocol would provide at least as much notice to the executive officer as notification pursuant to the express terms of this subsection (h)(2). (i) Variances. (1) Any person who cannot comply with the requirements set forth in subsection (a)(1) because of reasons beyond the person's reasonable control may apply to the executive officer for a variance. The application shall set forth: (A) the specific grounds upon which the variance is sought; (B) the proposed date(s) by which compliance with the provisions of subsection (a)(1) will be achieved; and (C) a plan reasonably detailing the method by which compliance will be achieved. (2) Upon receipt of an application for a variance containing the information required in subsection (i)(1), the executive officer shall hold a hearing to determine whether, or under what conditions and to what extent, a variance from the requirements in subsection (a)(1) is necessary and will be permitted. Notice of the time and place of the hearing shall be sent to the applicant by certified mail not less than 20 days prior to the hearing. Notice of the hearing shall also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such notice, not less than 20 days prior to the hearing. (3) At least 20 days prior to the hearing, the application for the variance shall be made available to the public for inspection. Interested members of the public shall be allowed a reasonable opportunity to testify the hearing and their testimony shall be considered. (4) No variance shall be granted unless all of the following findings are made: (A) that, because of reasons beyond the reasonable control of the applicant, requiring compliance with subsection (a)(1) would result in an extraordinary economic hardship; (B) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants which would result from issuing the variance. (C) that the compliance plan proposed by the applicant can reasonably be implemented and will achieve compliance as expeditiously as possible. (5) Any variance order shall specify a final compliance date by which the requirements in subsection (a)(1) will be achieved. Any variance order shall also contain a condition that specified increments of progress necessary to assure timely compliance be achieved, and such other conditions, including limitations on the aromatic hydrocarbon content of diesel fuel produced for use in motor vehicles, that the executive officer, as a result of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (6) The executive officer may require, as a condition of granting a variance, that a cash bond, or a bond executed by two or more good and sufficient sureties or by a corporate surety, be posted by the party to whom the variance was granted to assure performance of any construction, alteration, repair, or other work required by the terms of conditions of the variance. Such bond may provide that, if the party granted the variance fails to perform such work by the agreed date, the cash bond shall be forfeited to the state board, or the corporate surety or sureties shall have the option of promptly remedying the variance default or paying to the state board an amount, up to the amount specified in the bond, that is necessary to accomplish the work specified as a condition of the variance. (7) [Reserved] (8) No variance which is issued due to conditions of breakdown, repair, or malfunction of equipment shall have a duration, including extensions, of more than six months. (9) The executive officer may, after holding a hearing without complying with the provisions of subsections (i)(2) and (i)(3), issue an emergency variance to a person from the requirements of subsections (a)(1) upon a showing of reasonably unforeseeable extraordinary hardship and good cause that a variance is necessary. In connection with the issuance of an emergency variance, the executive officer may waive the requirements of subsection (i)(6). No emergency variance may extend for a period of more than 45 days. If the applicant for an emergency variance does not demonstrate that he or she can comply with the provisions of subsection (a)(1) within such 45-day period, an emergency variance shall not be granted unless the applicant makes a prima facie demonstration that the findings set forth in subsection (i)(4) should be made. The executive officer shall maintain a list of persons who have informed the executive officer in writing of their desire to be notified by telephone in advance of any hearing held pursuant to this subsection (i)(9), and shall provide advance telephone notice to any such person. (10) A variance shall cease to be effective upon failure of the party to whom the variance was granted substantially to comply with any condition. (11) Upon the application of any person, the executive officer may review and for good cause modify or revoke a variance from the requirements of subsection (a)(1) after holding a hearing in accordance with the provisions of subsections (i)(2) and (i)(3). (j) Whenever this section provides for the use of a specified test method, another test method may be used following a determination by the executive officer that the other method produces results equivalent to the results with the specified method. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2283. Exemptions for Diesel Fuel Used in Test Programs. The executive officer shall consider and grant test program exemptions from the requirements of this Article in accordance with section 2259. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39606, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2284. Lubricity of Diesel Fuel. (a) Regulatory Standard. (1)Standard starting in 2005 (A)Basic standard. Starting in January 1, 2005 in accordance with the phase-in schedule in section (a)(2), no person shall sell, offer for sale, supply, or offer for supply any vehicular diesel fuel unless at the time of the transaction the diesel fuel meets a minimum lubricity level of a maximum wear scar diameter of 520 microns based on American Society for Testing and Materials (ASTM) test method D6079-02, Standard Test Method for Evaluating Lubricity of Diesel Fuels by the High Frequency Reciprocating Rig (HFRR), which is incorporated herein by reference. (B)Sunset. The standard in section 2284(a)(1)(A) does not apply at any time that California diesel fuel must meet a minimum lubricity level of a maximum wear scar diameter of 520 microns based on ASTM test method D6079, Standard Test Method for Evaluating Lubricity of Diesel Fuels by the High Frequency Reciprocating Rig (HFRR), pursuant to section 4143, title 4, California Code of Regulations. (2)2005 phase-in schedule. The lubricity standard in section (a)(1) shall apply: (A) Starting January 1, 2005 to all sales, supplies, or offers of vehicular diesel fuel from the production facility or import facility at which it was produced or imported. (B) Starting February 15, 2005 to all sales, supplies, or offers of vehicular diesel fuel except for transactions directly involving: 1. The fueling of motor vehicles at a retail outlet or bulk purchaser-consumer facility, or 2. The delivery of vehicular diesel fuel from a bulk plant to a retail outlet or purchaser-consumer facility. (C) Starting April 1, 2005 to all sales, supplies, offers or movements of vehicular diesel, including transactions directly involving the fueling of motor vehicles at a retail outlet or bulk purchase-consumer facility. (3)Standard starting in 2006. [Reserved] (4)2006 phase-in schedule. [Reserved] (5)Exception for upstream activities. Subsection (a)(1) shall not apply to transactions where the person selling, supplying, or offering the motor vehicle diesel fuel demonstrates that: (i) the diesel fuel has not yet been sold, offered, or supplied from the final distribution facility, (ii) the diesel fuel is identified as fuel to which a lubricity additive must be added before the diesel fuel is supplied from the final distribution facility; and either (iii) the person has taken reasonably prudent precautions to assure that he or she will bring the diesel fuel into satisfaction with the requirements of subsection (a)(1) before it is sold, supplied or offered from the final distribution facility, or (iv) at or before the time of the transaction the person has obtained a written statement from the purchaser, recipient, or offeree of the diesel fuel stating that he or she will take reasonably prudent precautions to assure that the diesel fuel will be brought into compliance with the requirements of subsection (a)(1) before it is sold, supplied or offered from the final distribution facility. (6)Correction of diesel fuel downstream of the final distribution facility.Subsection (a)(1) shall not apply to the sale, supply, or offer of vehicular diesel fuel from a final distribution facility where the person selling, supplying, or offering the diesel fuel demonstrates that the diesel fuel will be corrected to comply with subsection (a)(1) as applicable prior to the sale of diesel fuel from the retail outlet. If such corrective action is taken, the producer, importer, or distributor of the diesel fuel must notify the Enforcement Division of the Air Resources Board by telephone or in writing within 2 business days of the correction. The person must also maintain records to document each occurrence for at least one year, and make the records available to the Executive Officer or his/her designee within 20 days of a written request. This subsection (a)(6) exception does not apply to vehicular diesel fuel found by an enforcement inspector to be in noncompliance, unless the person selling, supplying, or offering the diesel fuel affirmatively demonstrates that he or she would have corrected the diesel fuel independent of the inspection. (7)Applicability of standards to California nonvehicular diesel fuel. (A) Activities involving California nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied solely for use in locomotives or marine vessels) are also subject to this section to the extent required by section 93114, title 17, California Code of Regulations. As adopted, section 93114 requires each air pollution control or air quality management district by December 12, 2004 to treat this section 2284 as applying to California nonvehicular diesel fuel (other than diesel fuel offered, sold or supplied solely for use in locomotives or marine vessels) as if it were vehicular diesel fuel, and to enforce those requirements regarding California nonvehicular diesel fuel, unless the district has proposed its own airborne toxic control measure to reduce particulate emissions from diesel-fueled engines through standards for nonvehicular diesel fuel. (B) Activities involving California nonvehicular diesel fuel used in harborcraft and most diesel-electric intrastate locomotives are also subject to this section 2284 as if the fuel were vehicular diesel fuel, to the extent required by section 2299, title 13, California Code of Regulations, and section 93117, title 17, California Code of Regulations. As adopted, these regulations make nonvehicular diesel fuel used in most harborcraft in the South Coast Air Quality Management District subject to the requirements of this section 2284 starting January 1, 2006, and make all California nonvehicular diesel fuel used in most harborcraft and diesel-electric intrastate locomotives subject to this section 2284 starting January 1, 2007. (b) Definitions. For the purposes of this section: (1) "Bulk purchaser-consumer" means a person that purchases or otherwise obtains diesel fuel in bulk and then dispenses it into the fuel tanks of motor vehicles owned or operated by the person. (2) "Bulk plant" means an intermediate diesel fuel distribution facility where delivery of diesel fuel to and from the facility is solely by truck. (3) "California nonvehicular diesel fuel" means any diesel fuel that is not vehicular diesel fuel and that is sold or made available for use in engines in California. (4) "Diesel fuel" means any fuel that is commonly or commercially known, sold or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons that is sold or represented as suitable for use in an internal combustion, compression-ignition engine. (5) "Executive Officer" means the executive officer of the Air Resources Board, or his or her designee. (6) "Marine vessel" has the meaning set forth in section 39037.1 of the Health and Safety Code. (7) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code. (8) "Produce" means to convert liquid compounds which are not diesel fuel into diesel fuel. (9) "Producer" means any person who produces vehicular diesel fuel in California. (10) "Refiner" means any person who owns, leases, operates, controls or supervises a refinery. (11) "Refinery" means a facility that produces liquid fuels by distilling petroleum. (12) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. (13) "Vehicular diesel fuel" means any diesel fuel (A) which is not conspicuously identified as a fuel which may not lawfully be dispensed into motor vehicle fuel tanks in California; or (B) which the person selling, offering for sale, or supplying the diesel fuel knows will be dispensed into motor vehicle fuel tanks in California; or (C) which the person selling, offering for sale, or supplying the diesel fuel in the exercise of reasonable prudence should know will be dispensed into motor vehicle fuel tanks in California, and that is not the subject of a declaration under penalty of perjury by the purchaser, offeree or recipient stating that s/he will not sell, offer for sale, or transfer the fuel for dispensing, or dispense the fuel, into motor vehicle fuel tanks in California. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; andWestern Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; andWestern Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2285. Exemption from Diesel Fuel Requirements for Military-Specification Fuels Used in Qualifying Military Vehicles. (a) Exemption for military-specification fuel used in qualifying military vehicles. The vehicular diesel fuel standards in sections 2281, 2282, and 2284 do not apply to military specification fuel that is sold, offered for sale, supplied, offered for supply, stored, dispensed, or transported for use in: (1) Vehicles for which the U.S. Environmental Protection Agency has granted a national security exemption under 40 CFR s 85.1708 from motor vehicle emissions standards under 40 CFR Part 86, or which are exempted from regulation under 40 CFR s 85.1703(a)(3) because of features ordinarily associated with military combat or tactical vehicles such as armor and/or weaponry, or military tactical vehicles that are exempt from the California motor vehicle emission standards pursuant to section 1905, title 13, California Code of Regulations; or (2) Tactical military motor vehicles that are not subject to a national security exemption from motor vehicle emission standards but for national security purposes (for purposes of readiness for deployment overseas) need to be fueled with the same fuel as motor vehicles for which EPA has granted a national security exemption, provided that such fuel is: (A) Used only in vehicles identified in section (a)(1) or this section (a)(2); (B) Segregated from non-exempt vehicle diesel fuel at all points in the distribution system; and (C) Dispensed from a fuel pump stand or tank that is prominently labeled as containing fuel that is not lawful for use in diesel vehicles other than excluded military vehicles, or from a fueling truck. Any such fuel pump stand or tank may also be labeled with the appropriate designation of the fuel, such as "JP-8." Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2290. Definitions. (a) For the purposes of this article, the following definitions apply: (1) "Alternative fuel" means any fuel which is commonly or commercially known or sold as one of the following: M-100 fuel methanol, M-85 fuel methanol, E-100 fuel ethanol, E-85 fuel ethanol, compressed natural gas, liquefied petroleum gas, or hydrogen. (2) "ASTM" means the American Society for Testing Materials. (3) "Motor vehicle" has the same meaning as defined in section 415 of the Vehicle Code. (4) "Supply" means to provide or transfer a product to a physically separate facility, vehicle, or transportation system. Note: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and 43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2291. Basic Prohibitions. (a) Starting January 1, 1993, no person shall sell, offer for sale or supply an alternative fuel intended for use in motor vehicles in California unless it conforms with the applicable specifications set forth in this article 3. (b) An alternative fuel shall be deemed to be intended for use in motor vehicles in California if it is: (1) stored at a facility which is equipped and used to dispense that type of alternative fuel to motor vehicles, or (2) delivered or intended for delivery to a facility which is equipped and used to dispense that type of alternative fuel to motor vehicles, or (3) sold, offered for sale or supplied to a person engaged in the distribution of motor vehicle fuels to motor vehicle fueling facilities, unless the person selling, offering or supplying the fuel demonstrates that he or she has taken reasonably prudent precautions to assure that the fuel will not be used as a motor vehicle fuel in California. (c) For the purposes of this section, each retail sale of alternative fuel for use in a motor vehicle, and each supply of alternative fuel into a motor vehicle fuel tank, shall also be deemed a sale or supply by any person who previously sold or supplied such alternative fuel in violation of this section. Note: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and 43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2292.1. Fuels Specifications for M100 Fuel Methanol. The following standards apply to M-100 fuel methanol (The identified test methods are incorporated herein by reference): Specifications for M-100 Fuel Methanol Specification Value Test Method Methanol 96 vol. % (min.) As determined by the distillation range below Distillation 4.0 ° C (range) ASTM D 1078-86. At 95% by volume distilled. Must include 64.6 + 0.1 ° C Other alcohols and ethers 2 mass % (max.) ASTM D 4815-89 Hydrocarbons, gasoline or diesel fuel derived 2 mass % (max.) ASTM D 4815-89, and then subtract concentration of alcohols, ethers and water from 100 to obtain percent hydrocarbons Specific gravity 0.792 + 0.002 ASTM D 891-89 @ 20 ° C Acidity as acetic acid 0.01 mass % (max.) ASTM D 1613-85 Total chlorine as chloride 0.0002 mass % ASTM D 2988-86 (max.) Lead 2 mg/1 (max.) [FNa] ASTM D 3229-88 Phosphorus 0.2 mg/1 (max.) [FNb] ASTM D 3231-89 Sulphur 0.002 mass % ASTM D 2622-87 (max.) Gum, heptane washed 5 mg/1 (max.) ASTM D 381-86 Total particulates 5 mg/1 (max.) ASTM D 2276-89, modified to replace cellulose acetate filter with a 0.8 micron pore size membrane filter Water 0.3 mass % (max.) ASTM E 203-75 Appearance Free of turbidity, Visually determined at suspended matter 25 ° C by proc. A of and sediment ASTM D 4176-86 Bitterant [FNc] Odorant [FNd] [FNa] No added lead. [FNb] No added phosphorous. [FNc] The M-100 fuel methanol at ambient conditions must have a a distinctive and noxious taste, for purposes of preventing purposeful or inadvertent human consumption. Applicable 1/1/95. [FNd] The M-100 fuel methanol upon vaporization at ambient conditionions must have a distinctive odor potent enough for its presence to be detected down to a concentration in air of not over 1/5 (one-fifth) of the lower limit of flammability. Applicable 1/1/95. Note: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and 43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2292.2. Specifications for M-85 Fuel Methanol. The following standards apply to M-85 fuel methanol (The identified test methods are incorporated herein by reference): Specifications for M-85 Fuel Methanol Specification Value Test Method Methanol plus higher alcohols 84 vol. % (min.) Annex A1 to the ASTM-D-2 Proposal P-232, Draft 8-9-91 Higher alcohols (C2-C8) 2 vol. % (max.) ASTM D 4815-89 Hydrocarbons + ASTM D 4815-89, and aliphatic ethers [FNa] 13-16 vol. % then subtract concentration of alcohols, ethers and water from 100 to obtain percent hydrocarbons Vapor pressure, dry Methods contained in Title [FNb] 13, Section 2262 are pre- ferred. ASTM D 4953-90 is an alternative method, however, in case of dispute about the vapor pressure, the value determined by the methods contained in Title 13, Section 2262 shall pre- vail over the value calculated by ASTM D 4953-90, including its pre- cision statement Luminosity Shall produce a luminous flame, which is visible un- der maximum daylight conditions, throughout the entire burn duration Acidity as acetic acid 0.005 mass % ASTM D 1613-85 (max.) Total chlorine 0.0002 mass % ASTM D 3120-87 as chloride (max.) modified for the det. of organic chlorides, and ASTM D 2988-86 Lead 2 mg/1 (max.) [FNc] ASTM D 3229-88 Phosphorous 0.2 mg/1 (max.) [FNd] ASTM D 3231-89 Sulfur 0.004 mass % ASTM D 2622-87 (max.) Gum, heptane washed 5 mg/100 ml (max.) ASTM D 381-86 Total particulates 0.6 mg/1 (max.) ASTM D 2276-89, modified to replace cellu- lose acetate filter with a 0.8 micron pore size mem- brane filter Water 0.5 mass % (max.) ASTM E 203-75 Appearance Free of turbidity, Visually determined suspended matter at 25 degrees C by Proc. A of and sediment ASTM D 4176-86 _________ [FNa] Hydrocarbon fraction shall have a final maximum boiling point of 225 degrees C by ASTM method D 86-90, oxidation stability of 240 minutes by ASTM test method D 525-88 and No. 1 maximum copper strip corrosion by ASTM method D 130-88. Ethers must be aliphatic. No manganese added. Adjustment of RVP must be performed using common blending components from the gasoline stream. Starting on 4/1/96, the hydrocarbon fraction must also meet specifications for benzene, olefin content, aromatic hydrocarbon content, maximum T90 and maximum T50 found in California Code of Regulations, Title 13 sections 2262.3, 2262.4, 2262.7 and 2262.6 (T90 & T50), respectively. [FNb] RVP range of 7.0 to 9.0 psi for those geographical areas and times indicated for A, A/B, B/A and B volatility class fuels in Table 2 of ASTM D 4814-91b. RVP range of 9.0 to 13.1 psi for those geographical areas and times indicated for B/C, C/B, C, C/D and D/C volatility fuels. RVP range of 10.9 to 13.1 psi for those geographical areas and times indicated for D, D/E, E/D and E volatility fuels. Geographical areas referenced in this note shall be adjusted to reflect the air basin boundaries set forth in Title 17, California Code of Regulations, sections 60100 through 60113. [FNc] No added lead. [FNd] No added phosphorus. Note: Authority cited: Sections 39600, 39601, 43013, 43018, and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and 43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2292.3. Specifications for E-100 Fuel Ethanol. The following standards apply to E-100 fuel ethanol (The identification test methods are incorporated herein by reference): Specifications for E-100 Fuel Ethanol Specification Value Test Method Ethanol 92 vol. % (min.) ASTM D 3545-90 [FNa] Other alcohols and ethers 2 mass % (max.) ASTM D 4815-89 Hydrocarbons, gasoline 5 mass % (max.) ASTM D 4815-89, and then or diesel fuel derived subtract concentration of alcohols, ethers and water from 100 to obtain percent hydrocarbons Acidity as acetic acid 0.007 mass % ASTM D 1613-85 (max.) Total chlorine as 0.0004 mass % ASTM D 3120-87 chloride (max.) modified for the determi- nation of organic chlorides, and ASTM D 2988-86 Copper 0.07 mg/1 (max.) ASTM D 1688-90 as modi- fied in ASTM D 4806-88 Lead 2 mg/1 (max.) [FNb] ASTM D 3229-88 Phosphorus 0.2 mg/1 (max.) [FNc] ASTM D 3231-89 Sulfur 0.002 mass % (max.) ASTM D 2622-87 Gum, heptane washed 5 mg/1 (max.) ASTM D 381-86 Total particulates 5 mg/1 (max.) ASTM D 2276-89, modified to replace cellulose acetate filter with a 0.8 micron pore size membrane filter Water 1.25 mass % (max.) ASTM E 203-75 Appearance Free of turbidity, Visually determined suspended matter at 25 degrees C by Proc. A of and sediment ASTM D 4176-86 [FNa] The denaturant must meet the ASTM D 4806-88 specification for denatured fuel ethanol, except the denaturant cannot be rubber hydrocarbon solvent. The final blend specifications for E-100 take precedence over the ASTM D 4806-88 specifications. [FNb] No added lead. [FNc] No added phosphorus. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and 43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2292.4. Specifications for E-85 Fuel Ethanol. The following standards apply to E-85 fuel ethanol (The identified test methods are incorporated herein by reference): Specifications for E-85 Fuel Ethanol Specification Value Test Method Ethanol 79 vol. % (min.) ASTM D 3545-90 [FNa] Other alcohols 2 vol. % (max.) ASTM D 4815-89 Hydrocarbons + 15-21 vol. % ASTM D 4815-89, and then aliphatic ethers [FNb] subtract concentration of alcohols, ethers and water from 100 to obtain percent hydrocarbons. The denatu- rant is included in this per- centage. Vapor pressure, dry Methods contained in Title [FNc] 13, Section 2262 must be used. ASTM D 4953-90 is an alternative method, however, in case of dispute about the vapor pressure, the value determined by the methods contained in Title 13, Section 2262 shall pre- vail over the value calcu- lated by ASTM D 4953-90, including its pre- cision statement Acidity as acetic acid 0.007 mass % ASTM D 1613-85 (max.) Total chlorine as 0.0004 mass % ASTM D 3120-87 modified chloride (max.) for the det. of organic chlo- rides, and ASTM D 2988-86 Copper 0.07 mg/1 (max.) ASTM D 1688-90 as modi- fied in ASTM D 4806-88 Lead 2 mg/1 (max.) [FNd] ASTM D 3229-88 Phosphorus 0.2 mg/1 (max.) [FNe] ASTM D 3231-89 Sulfur 0.004 mass % ASTM D 2622-87 (max.) Specification Value Test Method Gum, heptane washed 5 mg/100 ml (max.) ASTM D 381-86 Total particulates 5 mg/1 (max.) ASTM D 2276-89, modified to replace cellulose acetate filter with a 0.8 micron pore size membrane filter Water 1.25 mass % (max.) ASTM E 203-75 Appearance Free of turbidity, Visually determined suspended matter at 25 degrees C by Proc. A of and sediment ASTM D 4176-86 _________ [FNa] The denaturant must meet the ASTM D 4806-88 specification for denatured fuel ethanol, except the denaturant cannot be rubber hydrocarbon solvent. The final blend specifications for E-85 take precedence over the ASTM D 4806-88 specifications. [FNb] Hydrocarbon fraction shall have a final maximum boiling point of 225 degrees C by ASTM method D 86-90, oxidation stability of 240 minutes by ASTM test method D 525-88 and No. 1 maximum copper strip corrosion by ASTM method D 130-88. Ethers must be aliphatic. No manganese added. Adjustment of RVP must be performed using common blending components from the gasoline stream. Starting 4/1/96, the hydrocarbon fraction must also meet specification for benzene, olefin content, aromatic hydrocarbon content, maximum T90 and maximum T50 found in California Code of Regulations, Title 13 sections 2262.3, 2262.4, 2262.7 and 2262.6 (T90 & T50), respectively. [FNc] RVP range of 6.5 to 8.7 for those geographical areas and times indicated for A, A/B, B/A and B volatility class fuels in Table 2 of ASTM D 4814-91b. RVP range of 7.3 to 9.4 for those geographical areas and times indicated for B/C, C/B, C, C/D and D/C volatility fuels. RVP range of 8.7 to 10.2 for those geographical areas and times indicated for D, D/E, E/D and E volatility fuels. Geographical areas referenced in this note shall be adjusted to reflect the air basin boundaries set forth in Title 17, California Code of Regulations, section 60100 through 60113. [FNd] No added lead. [FNe] No added phosphorus. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and 43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2292.5. Specifications for Compressed Natural Gas. The following standards apply to compressed natural gas (The identified test methods are incorporated herein by reference): Specifications for Compressed Natural Gas Specification Value Test Method Hydrocarbons (expressed as mole percent) Methane 88.0% (min.) ASTM D 1945-81 Ethane 6.0% (max.) ASTM D 1945-81 C 3 and higher HC 3.0% (max.) ASTM D 1945-81 C 6 and higher HC 0.2% (max.) ASTM D 1945-81 Other Species (expressed as mole percent unless otherwise indicated) Hydrogen 0.1% (max.) ASTM D 2650-88 Carbon monoxide 0.1% (max.) ASTM D 2650-88 Oxygen 1.0% (max.) ASTM D 1945-81 Inert gases Sum of CO 2 and N 2 1.5-4.5 % ASTM D 1945-81 (range) Water [FNa] Particulate matter [FNb] Odorant [FNc] Sulfur 16 ppm by Title 17 CCR Section 94112 vol. (max.) _________ [FNa] The dewpoint at vehicle fuel storage container pressure shall be at least 10 degrees F below the 99.0% winter design temperature listed in Chapter 24, Table 1, Climatic Conditions for the United States, in the American Society of Heating, Refrigerating and Air Conditioning Engineer's (ASHRAE) Handbook, 1989 fundamentals volume. Testing for water vapor shall be in accordance with ASTM D 1142-90, utilizing the Bureau of Mines apparatus. [FNb] The compressed natural gas shall not contain dust, sand, dirt, gums, oils, or other substances in an amount sufficient to be injurious to the fueling station equipment or the vehicle being fueled. [FNc] The natural gas at ambient conditions must have a distinctive odor potent enough for its presence to be detected down to a concentration in air of not over 1/5 (one-fifth) of the lower limit of flammability. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and 43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2292.6. Specifications for Liquefied Petroleum Gas. The following standards apply to liquefied petroleum gas (The identified test methods are incorporated herein by reference): Specifications for Liquefied Petroleum Gas Specification Value Test Method Propane 85.0 vol. % ASTM D 2163-87 (min.) [FNa] Vapor pressure at 100<>o F 208 psig (max.) ASTM D 1267-89 ASTM D 2598-88 [FNb] Volatility residue: evaporated temp., 95% -37<>o F (max.) ASTM D 1837-86 or butanes 5.0 vol. % (max.) ASTM D 2163-87 Butenes 2.0% (max.) ASTM D 2163-87 Pentenes and heavier 0.5 vol. % (max.) ASTM D 2163-87 Propene 10.0 vol. % (max.) ASTM D 2163-87 Residual matter: residue on evap. of 100 ml 0.05 ml (max.) ASTM D 2158-89 oil stain observ. pass [FNc] ASTM D 2158-89 Corrosion, copper strip No. 1 (max.) ASTM D 1838-89 Sulfur 80 ppmw (max.) ASTM D 2784-89 Moisture content pass ASTM D 2713-86 Odorant [FNd] [FNa] Propane shall be required to be a minimum of 80.0 volume percent starting on January 1, 1993. Starting on January 1, 1999, the minimum propane content shall be 85.0 volume percent. [FNb] In case of dispute about the vapor pressure of a product, the value actually determined by Test Method ASTM D 1267-89 shall prevail over the value calculated by Practice ASTM D 2598-88. [FNc] An acceptable product shall not yield a persistent oil ring when 0.3 ml of solvent residue mixture is added to a filter paper, in 0.1 ml increments and examined in daylight after 2 min. as described in Test Method ASTM 2158-89. [FNd] The liquefied petroleum gas upon vaporization at ambient conditions must have a distinctive odor potent enough for its presence to be detected down to a concentration in air of not over 1/5 (one-fifth) of the lower limit of flammability. Within five years from the effective date of adoption or implementation, whichever comes later, of the amendments approved December 11, 1998, the Air Resources Board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this chapter to determine whether it should be retained, revised or repealed. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2292.7. Specifications for Hydrogen. The following standards apply for hydrogen (The identified test methods are incorporated herein by reference): Specifications for Hydrogen Specification Value Test Method Hydrogen 98.0 mole % ASTM D 1946-90 (min.) Combined hydrogen, 99.9 mole % ASTM D 1946-90 water, oxygen and (min.) for hydrogen, nitrogen nitrogen and nitrogen oxygen; ASTM D 1142-90 for wa- ter using the Bureau of Mines apparatus Total hydrocarbons 0.01 mole % ASTM D 1946-90 (max.) Particulate matter [FNa] Odorant [FNb] _________ [FNa] The hydrogen shall not contain dust, sand, dirt, gums, oils, or other substances in an amount sufficient to be injurious to the fueling station equipment or the vehicle being fueled. [FNb] Starting 1/1/95, the hydrogen fuel at ambient conditions must have a distinctive odor potent enough for its presence to be detected down to a concentration in air of not over 1/5 (one-fifth) of the lower limit of flammability. This requirement applies only to hydrogen which is introduced into the vehicle fuel storage system in gaseous form. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39010, 39500, 40000, 43000, 43016, 43018 and 43101, Health and Safety Code: and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2293. Equivalent Test Methods. (a) Whenever sections 2292.1 thru 2292.7 provide for the use of a specified test method, another test method may be used following a determination by the Executive Officer that the other test method produces results equivalent to the results obtained with the specified method. s 2293.5. Exemptions for Alternative Motor Vehicle Fuel Used in Test Programs. The executive officer shall consider and grant test program exemptions from the requirements of this Article in accordance with section 2259. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39606, 41511, 43000, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2296. Motor Fuel Sampling Procedures. (a) "Scope." This method covers procedures for obtaining representative samples of motor fuel and blending components used to make motor fuel. (b) "Summary of method." It is necessary that the samples be truly representative of the product in question. The precautions required to ensure the representative character of the samples are numerous and depend upon the tank, carrier, container or line from which the sample is being obtained, the type and cleanliness of the sample container, and the sampling procedure that is to be used. A summary of the sampling procedures and their application is presented in Table 1. Each procedure is suitable for sampling a material under definite storage, transportation, or container conditions. The basic principle of each procedure is to obtain a sample in such manner and from such locations in the tank or other container that the sample will be truly representative of the product. (c) "Description of terms." (1) "Average sample" is one that consists of proportionate parts from all sections of the container. (2) "All-levels sample" is one obtained by submerging a stoppered beaker or bottle to a point as near as possible to the draw-off level, then opening the sampler and raising it at a rate such that it is about3/4 full (maximum 85 percent) as it emerges from the liquid. An all-levels sample is not necessarily an average sample because the tank volume may not be proportional to the depth and because the operator may not be able to raise the sampler at the variable rate required for proportionate filling. The rate of filling is proportional to the square root of the depth of immersion. (3) "Running sample" is one obtained by lowering an unstoppered beaker or bottle from the top of the liquid to the level of the bottom of the outlet connection or swing line, and returning it to the top of the liquid at a uniform rate of speed such that the beaker or bottle is about3/4 full when withdrawn from the liquid. (4) "Spot sample" is one obtained at some specific location in the tank by means of a thief bottle, or beaker. (5) "Top sample" is a spot sample obtained 6 inches (150 mm) below the top surface of the liquid (Figure 1). (6) "Upper sample" is a spot sample taken at the mid-point of the upper third of the tank contents (Figure 1). (7) "Middle sample" is a spot sample obtained from the middle of the tank contents (Figure 1). (8) "Lower sample" is a spot sample obtained at the level of the fixed tank outlet or the swing line outlet (Figure 1). (9) "Clearance sample" is a spot sample taken 4 inches (100 mm) below the level of the tank outlet (Figure 1). (10) "Bottom sample" is one obtained from the material on the bottom surface of the tank, container, or line at its lowest point. (11) "Drain sample" is one obtained from the draw-off or discharge valve. Occasionally, a drain sample may be the same as a bottom sample, as in the case of a tank car. (12) "Continuous sample" is one obtained from a pipeline in such manner as to give a representative average of a moving stream. (13) "Mixed sample" is one obtained after mixing or vigorously stirring the contents of the original container, and then pouring out or drawing off the quantity desired. (14) "Nozzle sample" is one obtained from a motor fuel service station pump nozzle which dispenses motor fuel from a underground storage tank. (15) "Motor fuel" shall mean, for the purpose of this sampling procedure, gasoline (including gasoline containing oxygenates), diesel fuel, or any blending components that are used to make such fuel. (d) "Sample containers." (1) Sample containers may be clear or brown glass bottles, or cans. The clear glass bottle is advantageous because it may be examined visually for cleanliness, and also allows visual inspection of the sample for free water or solid impurities. The brown glass bottle affords some protection from light. The only cans permissible are those with the seams soldered on the exterior surface with a flux of rosin in a suitable solvent. Such a flux is easily removed with gasoline, whereas many others are very difficult to remove. (2) "Container closure." Cork or glass stoppers, or screw caps of plastic or metal, may be used for glass bottles; screw caps only shall be used for cans to provide a vapor-tight closure seal. Corks must be of good quality, clean and free from holes and loose bits of cork. Never use rubber stoppers. Contact of the sample with the cork may be prevented by wrapping tin or aluminum foil around the cork before forcing it into the bottle. Glass stoppers must be a perfect fit. Screw caps must be protected by a disk faced with tin or aluminum foil, or other material that will not affect petroleum or petroleum products. (3) "Cleaning procedure." All sample containers must be absolutely clean and free of water, dirt, lint, washing compounds, naphtha, or other solvents, soldering fluxes or acids, corrosion, rust, and oil. Before using a container, rinse it with Stoddard solvent or other naphtha of similar volatility. (It may be necessary to use sludge solvents to remove all traces of sediment and sludge from containers previously used.) Then wash the container with strong soap solution, rinse it thoroughly with tap water, and finally with distilled water. Dry either by passing a current of clean, warm air through the container or by placing it in a hot dust-free cabinet at 104 degrees Fahrenheit (40 degrees centigrade) or higher. When dry, stopper or cap the container immediately. (e) "Sampling apparatus." The sampling apparatus is described in detail under each of the specific sampling procedures. Clean, dry, and free all sampling apparatus from any substance that might contaminate the material, using the procedure described in (d)(3). (f) "Time and place of sampling." When loading or discharging product, take samples from both shipping and receiving tanks, and from the pipeline if required. (1) "Ship or barge tanks." Sample each product after the vessel is loaded or just before unloading. (2) "Tank cars." Sample the product after the car is loaded or just before unloading. Note:When taking samples from tanks suspected of containing flammable atmospheres, precautions should be taken to guard against ignitions due to static electricity. Metal or conductive objects, such as gage tapes, sample containers, and thermometers, should not be lowered into or suspended in a compartment or tank which is being filled or immediately after cessation of pumping. A waiting period of approximately one minute will generally permit a substantial relaxation of the electrostatic charge; under certain conditions a longer period may be deemed advisable. (g) "Obtaining samples." (1) Directions for sampling cannot be made explicit enough to cover all cases. Extreme care and good judgment are necessary to ensure samples that represent the general character and average condition of the material. Clean hands are important. Clean gloves may be worn but only when absolutely necessary, such as in cold weather, or when handling materials at high temperature, or for reasons of safety. Select wiping cloths so that lint is not introduced, contaminating samples. (2) As many petroleum vapors are toxic and flammable, avoid breathing them or igniting them from an open flame or a spark produced by static. (3) When sampling relatively volatile products (more than 2 pounds (0.14 kgf/cm 2) RVP), the sampling apparatus shall be rinsed and allowed to drain before drawing the sample. If the sample is to be transferred to another container, this container shall also be rinsed with some of the volatile product and then drained. When the actual sample is emptied into this container, the sampling apparatus should be upended into the opening of the sample container and remain in this position until the contents have been transferred so that no unsaturated air will be entrained in the transfer of the sample. (h) "Handling samples." (1) "Volatile samples." It is necessary to protect all volatile samples of product from evaporation. Transfer the product from the sampling apparatus to the sample container immediately Keep the container closed except when the material is being transferred. When samples of more than 16 pounds (1.12 kgf/cm 2) RVP are being obtained, be sure to use containers strong enough to meet local safety regulations. After delivery to the laboratory, volatile samples should be cooled before the container is opened. (2) "Container outage." Never completely fill a sample container, but allow adequate room for expansion, taking into consideration the temperature of the liquid at the time of filling and the probable maximum temperature to which the filled container may be subjected. (i) "Shipping samples." To prevent loss of liquid and vapors during shipment, and to protect against moisture and dust, cover the stoppers of glass bottles with plastic caps that have been swelled in water, wiped dry, placed over the tops of the stoppered bottles, and allowed to shrink tightly in place. The caps of metal containers must be screwed down tightly and checked for leakage. Postal and express office regulations applying to the shipment of flammable liquids must be observed. (j) "Labeling sample containers." (1) Label the container immediately after a sample is obtained. Use waterproof and oilproof ink or a pencil hard enough to dent the tag, since soft pencil and ordinary ink markings are subject to obliteration from moisture, oil smearing, and handling. Include the following information: (A) Date and time (the period elapsed during continuous sampling), (B) Name of the sample, (C) Name or number and owner of the vessel, car, or container, (D) Brand and grade of material, and (E) Reference symbol or identification number. (k) "Sampling procedures." The standard sampling procedures described in this method are summarized in Table 1. Alternative sampling procedures may be used if a mutually satisfactory agreement has been reached by the parties involved and such agreement was put in writing and signed by authorized officials. (1) "Bottle or beaker sampling." The bottle or beaker sampling procedure is applicable for sampling liquids of 16 pounds (1.12 kgf/cm 2) RVP or less in tank cars, tank trucks, shore tanks, ship tanks, and barge tanks. (A) "Apparatus." A suitable sampling bottle or beaker as shown in Figure 2 is required. Recommended diameter of opening in the bottle or beaker is3/4 inch (19 mm). (B) "Procedure." 1. "All-levels sample." Lower the weighted, stoppered bottle or beaker as near as possible to the draw-off level, pull out the stopper with a sharp jerk of the cord or chain and raise the bottle at a uniform rate so that it is about 3/4 full as it emerges from the liquid. 2. "Running sample." Lower the unstoppered bottle or beaker as near as possible to the level of the bottom of the outlet connection or swing line and then raise the bottle or beaker to the top of the liquid at a uniform rate of speed such that it is about 3/4 full when withdrawn from the liquid. 3. "Upper, middle, and lower samples." Lower the weighted, stoppered bottle to the proper depths (Figure 1) as follows: Upper sample............ middle of upper third of the tank contents Middle sample........... middle of the tank contents Lower sample............ level of the fixed tank outlet or the swing-line outlet Pull out the stopper with a sharp jerk of the cord or chain and allow the bottle or beaker to fill completely at the selected level, as evidenced by the cessation of air bubbles. When full, raise the bottle or beaker, pour off a small amount, and stopper immediately. 4. "Top sample." Obtain this sample (Figure 1) in the same manner as specified in (k)(1)(B)3. but at 6 inches (150 mm) below the top surface of the tank contents. 5. "Handling." Stopper and label bottle samples immediately after taking them, and deliver to the laboratory in the original sampling bottles. (2) "Tap sampling." The tap sampling procedure is applicable for sampling liquids of 26 pounds (1.83 kgf/cm 2)RVP or less in tanks which are equipped with suitable sampling taps or lines. This procedure is recommended for volatile stocks in tanks of the breather and balloon roof type, spheroids, etc. (Samples may be taken from the drain cocks of gage glasses, if the tank is not equipped with sampling taps.) When obtaining a sample for RVP or distillation analysis, use the assembly as shown in Figure 3. When obtaining a sample for other than RVP or distillation analysis, the assembly as shown in Figure 3 need not be used. NOTE: If RVP is more than 16 pounds (1.12 kgf/cm 2) but not more than 26 pounds (1.83 kgf/cm 2) a cooling bath as shown in section (l)(6), Figure 5, shall be used between the tank tap and the sample container to cool the sample and prevent volatilization of low-boiling components. (A) "Apparatus." 1. "Tank taps." The tank should be equipped with at least three sampling taps placed equidistant throughout the tank height. On tanks that are not equipped with floating roofs, each sample tap should extend into the a minimum of 10 cm (4 in.). A standard 1/4 inch pipe with suitable valve is satisfactory. 2. "Tube." A delivery tube that will not contaminate the product being sampled and long enough to reach to the bottom of the sample container is required to allow submerged filling. When a cooling bath is used while tap sampling, a similar suitable tube should be used between the tank tap and the cooler inlet. 3. "Sample containers." Use clean, dry glass bottles of convenient size and strength to receive the samples. In some cases, metal containers may be used instead of glass bottles. (B) "Procedure." 1. Before a sample is drawn, flush the tap (or gage glass drain cock) and line until they are purged completely. Connect the clean delivery tube to the tap. Draw upper, middle, or lower samples directly from the respective taps after the flushing operation. Stopper and label the sample container immediately after filling, and deliver it to the laboratory. 2. When a sample cooler is used during the tap sampling operation, flush the tap (or gage glass drain cock). Then, using a section of clean tubing, connect the tap to the cooler inlet. Flush the cooler thoroughly, after which connect the clean delivery tube to the cooler outlet and proceed with the sampling operation. (3) "Continuous sampling." The continuous sampling procedure is applicable for sampling liquids of 16 pounds (1.12 kgf/cm 2) RVP or less and semiliquids in pipelines, filling lines, and transfer lines. The continuous sampling may be done manually or by using automatic devices. (A) "Apparatus." 1. "Sampling probe." The function of the sampling probe is to withdraw from the flow stream a portion that will be representative of the entire stream. The apparatus assembly for continuous sampling is shown in Figure 4. Probe designs that are commonly used are as follows: a. A tube extending to the center of the line and beveled at a 45 degree angle facing upstream (Figure 4(a)). b. A long-radius forged elbow or pipe bend extending to the center line of the pipe and facing upstream. The end of the probe should be reamed to give a sharp entrance edge (Figure 4(b)). c. A closed-end tube with a round orifice spaced near the closed end which should be positioned in such a way that the orifice is in the center of the pipeline and is facing the stream as shown in Figure 4(c). 2. Since the fluid pumped may not in all cases be homogeneous, the position and size of the sampling probe should be such as to minimize stratification or dropping out of heavier particles within the tube or the displacement of the product within the tube as a result of variation in gravity of the flowing stream. The sampling probe should be located preferably in a vertical run of pipe and as near as practicable to the point where the product passes to the receiver. The probe should always be in a horizontal position. a. The sampling lines should be as short as practicable and should be cleared before any samples are taken. b. A suitable device for mixing the fluid flow to ensure a homogeneous mixture at all rates of flow and to eliminate stratification should be installed upstream of the sampling tap. Some effective devices for obtaining a homogeneous mixture are as follows: Reduction in pipe size; a series of baffles; orifice or perforated plate; and a combination of any of these methods. c. The design or sizing of these devices is optional with the user, as long as the flow past the sampling point is homogeneous and stratification is eliminated. 3. To control the rate at which the sample is withdrawn, the probe or probes should be fitted with valves or plug cocks. 4. "Automatic sampling devices" that meet the standards set out in (3)(A)5. may be used in obtaining samples of gasoline. The quantity of sample collected must be of sufficient size for analysis, and its composition should be identical with the composition of the batch flowing in the line while the sample is being taken. An automatic sampler installation necessarily includes not only the automatic sampling device that extracts the samples from the line, but also a suitable probe, connecting lines, auxiliary equipment, and a container in which the sample is collected. Automatic samplers may be classified as follows: a. "Continuous sampler, time cycle (nonproportional) types." A sampler designed and operated in such a manner that it transfers equal increments of liquid from the pipeline to the sample container at a uniform rate of one or more increments per minute is a continuous sampler. b. "Continuous sampler, flow-responsive (proportional) type." A sampler that is designed and operated in such a manner that it will automatically adjust the quantity of sample in proportion to the rate of flow is a flow-responsive (proportional) sampler. Adjustment of the quantity of sample may be made either by varying the frequency of transferring equal increments of sample to the sample container, or by varying the volume of the increments while maintaining a constant frequency of transferring the increments to the sample container. The apparatus assembly for continuous sampling is shown in Figure 4. c. "Intermittent sampler." A sampler that is designed and operated in such a manner that it transfers equal increments of liquid from a pipeline to the sample container at a uniform rate of less than one increment per minute is an intermittent sampler. 5. "Standards of installation." Automatic sampler installations should meet all safety requirements in the plant or area where used, and should comply with American National Standard Code for Pressure Piping, and other applicable codes (ANSI B31.1). The sampler should be so installed as to provide ample access space for inspection and maintenance. a. Small lines connecting various elements of the installation should be so arranged that complete purging of the automatic sampler and of all lines can be accomplished effectively. All fluid remaining in the sampler and the lines from the preceding sampling cycle should be purged immediately before the start of any given sampling operation. b. In those cases where the sampler design is such that complete purging of the sampling lines and the sampler is not possible, a small pump should be installed in order to circulate a continuous stream from the sampling tube past or through the sampler and back into the line. The automatic sampler should then withdraw the sample from the sidestream through the shortest possible connection. c. Under certain conditions, there may be a tendency for water and heavy particles to drop out in the discharge line from the sampling device and appear in the sample container during some subsequent sampling period. To circumvent this possibility, the discharge pipe from the sampling device should be free of pockets or enlarged pipe areas, and preferably should be pitched downward to the sample container. d. To ensure clean, free-flowing lines, piping should be designed for periodic cleaning. 6. "Field calibration." Composite samples obtained from the automatic sampler installation should be verified for quantity performance in a manner that meets with the approval of all parties concerned, at least once a month and more often if conditions warrant. In the case of time-cycle samplers, deviations in quantity of the sample taken should not exceed+ 5 percent for any given setting. In the case of flow-responsive samplers, the deviation in quantity of sample taken per 1,000 barrels of flowing stream should not exceed+5 percent. For the purpose of field-calibrating an installation, the composite sample obtained from the automatic sampler under test should be verified for quality by comparing on the basis of physical and chemical properties, with either a properly secured continuous nonautomatic sample or tank sample. The tank sample should be taken under the following conditions: a. The batch pumped during the test interval should be diverted into a clean tank and a sample taken within one hour after cessation of pumping. b. If the sampling of the delivery tank is to be delayed beyond one hour, then the tank selected must be equipped with an adequate mixing means. For valid comparison, the sampling of the delivery tank must be completed within eight hours after cessation of pumping, even though the tank is equipped with a motor-driven mixer. c. When making a normal full-tank delivery from a tank, a properly secured sample may be used to check the results of the sampler if the parties mutually agree to this procedure. 7. "Receiver." The receiver must be a clean, dry container of convenient size to receive the sample. All connections from the sample probe to the sample container must be free of leaks. Two types of container may be used, depending upon service requirements. a. "Atmospheric container." The atmospheric container shall be constructed in such a way that it retards evaporation loss and protects the sample from extraneous material such as rain, snow, dust, and trash. The construction should allow cleaning, interior inspection, and complete mixing of the sample prior to removal. The container should be provided with a suitable vent. b. "Closed container." The closed container shall be constructed in such a manner that it prevents evaporation loss. The construction must allow cleaning, interior inspection and complete mixing of the sample prior to removal. The container should be equipped with a pressure-relief valve. (B) "Procedure." 1. "Nonautomatic sample." a. Adjust the valve or plug cock from the sampling probe so that a steady stream is drawn from the probe. Whenever possible, the rate of sample withdrawal should be such that the velocity of liquid flowing through the probe is approximately equal to the average linear velocity of the stream flowing through the pipeline. Measure and record the rate of sample withdrawal as gallons per hour. Divert the sample stream to the sampling container continuously or intermittently to provide a quantity of sample that will be of sufficient size for analysis. 2. "Automatic sampling." Purge the sampler and the sampling lines immediately before the start of a sampling operation. If the sample design is such that complete purging is not possible, circulate a continuous stream from the probe past or through the sampler and back into the line. Withdraw the sample from the side stream through the automatic sampler using the shortest possible connections. Adjust the sampler to deliver not less than 1 and not more than 40 gallons (151 liters) of sample during the desired sampling period. For time-cycle samplers, record the rate at which sample increments were taken per minute. For flow-responsive samplers, record the proportion of sample to total stream. Label the samples and deliver them to the laboratory in the containers in which they were collected. (4) "Nozzle sampling." The nozzle sampling procedure is applicable for sampling product from a service station underground storage tank. (A) "Apparatus." Sample containers conforming with (d)(1) should be used. A spacer, as shown in Figure 6, shall be used, if appropriate. When obtaining a sample for RVP or distillation analysis, an ice water bath and nozzle extension, as shown in Figure 7, shall be used. When obtaining a sample for other than RVP or distillation analysis, neither the ice water bath nor the nozzle extension need to be used. (B) "Procedure." 1. When obtaining a sample for RVP or distillation analysis, conduct the sampling in the following manner: Immediately after gasoline has been delivered from pump and pump has been reset, deliver a small amount of product into the sample container, using spacer (Figure 6), if needed, on the pump nozzle (vapor recovery type). Rinse sample container and dump product into waste container. Insert nozzle extension (Figure 7) into sample container and insert pump nozzle into extension with slot over air bleed hole (if the extension is equipped with a slot). Replace sample container in chilling medium and fill slowly through nozzle extension to 70-80 percent full (Figure 8). Remove nozzle extension. Cap container at once. Check for leaks. Discard container and resample if leak occurs. If container is leak tight, place container in a cold chest of ice water. 2. When obtaining a sample for other than RVP or distillation analysis, the following procedure may be used instead of the procedure in (k)(4)(B)1: Immediately after product has been delivered from pump and pump has been reset, deliver a small amount of product into the sample container, using spacer (Figure 6), if needed, on the pump nozzle (vapor recovery type). Rinse sample container and dump product into waste container. Fill slowly with the nozzle to 70-80 percent full. Cap container at once. Check for leaks. Discard container and resample if leak occurs. (l) "Special precautions and instructions for RVP Sampling." (1) "Precautions." Vapor pressures are extremely sensitive to evaporation losses and to slight changes in composition. When obtaining, storing, or handling samples, observe the necessary precautions to ensure samples representative of the product and satisfactory for RVP tests. Official samples should be taken by, or under the immediate supervision of a person of judgment, skill, and sampling experience. Never prepare composite samples for RVP testing. Make certain that containers which are to be shipped by common carrier conform to Interstate Commerce Commission, state, or local regulations. When flushing or purging lines or containers, observe the pertinent regulations and precautions against fire, explosion, and other hazards. (2) "Sample containers." Use containers of not less than 1 quart (1 liter) nor more than 2 gallons (7.5 liters) capacity, of sufficient strength to withstand the pressures to which they may be subjected, and of a type that will permit replacement of the cap or stopper with suitable connections for transferring the sample to the gasoline chamber (if applicable) of the vapor pressure apparatus. Open-type containers have a single opening which permits sampling by immersion. Closed-type containers have two openings, one in each end (or the equivalent thereof), fitted with valves suitable for sampling by water displacement or by purging. (3) "Transfer connections." The transfer connection for the open-type container consists of an air tube and a liquid delivery tube assembled in a cap or stopper. The air tube extends to the bottom of the container. One end of the liquid delivery tube is flush with the inside face of the cap or stopper and the tube is long enough to reach the bottom of the gasoline chamber while the sample is being transferred to the chamber. The transfer connection for the closed-type container consists of a single tube with a connection suitable for attaching it to one of the openings of the sample container. The tube is long enough to reach the bottom of the gasoline chamber while the sample is being transferred. (4) "Sampling open tanks." Use clean containers of the open type when sampling open tanks and tank cars. An all-level sample obtained by the bottle procedure, (k)(1) is recommended. Before taking the sample, flush the container by immersing it in the product to be sampled. Then obtain the sample immediately. Fill to 70-80 percent and close it promptly. Label the container and deliver it to the laboratory. (5) "Sampling closed tanks." Containers of either the open or closed type may be used to obtain samples from closed or pressure tanks. If an open type container is used, follow the cooling bath procedure described in (l)(7) or (l)(10). If the closed type is used, obtain the sample using the water displacement procedure, (l)(8), or the purging procedure, (l)(9). The water displacement procedure is preferable because the flow of product involved in the purging procedure may be hazardous. (6) "Cooling bath." A bath (Figure 5) of sufficient size to hold the sample container and a cooling coil of about 25 feet (8 m) of copper tubing (3/8 inch (9 mm) or less outside diameter) shall be required when using the procedure described in (l)(7). One end of the coil is provided with a connection for attaching it to the tank sampling tap or valve. The other end is fitted with a suitable valve (outlet) of good quality. A removable copper tube of 3/8 inch or less outside diameter and of sufficient length to reach the bottom of the sample container shall be connected to the open end of the outlet valve. (7) "Cooling bath procedure." When using a cooling bath and a container of the open type, keep it at a temperature of 32 degrees to 40 degrees Fahrenheit (0 degrees to 4.5 degrees centigrade) during the sampling operation by using the cooling bath (Figure 5). Connect the coil to the tank sampling tap or valve and flush it with a sufficient amount of product to ensure complete purging. When obtaining a sample, throttle the outlet valve so that the pressure in the coil will be approximately the same as that in the tank. Fill the container once to wash and cool it, and discard the wash product. Then draw the sample immediately. Pour off enough so that the container will be 70-80 percent full and close it promptly. Label the container and deliver it to the laboratory. (8) "Water displacement procedure." Completely fill the closed-type container with water and close the valves. The water should be at the same temperature or lower than that of the product to be sampled. While permitting a small amount of product to flow through the fittings, connect the top or inlet valve of the container to the tank sampling tap or valve. Then open all valves on the inlet side of the container. Open the bottom or outlet valve slightly to allow the water to be displaced slowly by the sample entering the container. Regulate the flow so that there is no appreciable change in pressure within the container. Close the outlet valve as soon as gasoline discharges from the outlet; then in succession close the inlet valve and the sampling valve on the tank. Disconnect the container and withdraw enough of the contents so that it will be 70-80 percent full. If the vapor pressure of the product is not high enough to force liquid from the container, open both the upper and lower valves slightly to remove the excess. Promptly seal and label the container, and deliver it to the laboratory. (9) "Purging procedure." Connect the inlet valve of the closed-type container to the tank sampling tap or valve. Throttle the outlet valve of the container so that the pressure in it will be approximately equal to that in the container being sampled. Allow a volume of product equal to at least twice that of the container to flow through the sampling system. Then close all valves, the outlet valve first, the inlet valve of the container second, and the tank sampling valve last, and disconnect the container immediately. Withdraw enough of the contents so that the sample container will be 70-80 percent full. If the vapor pressure of the product is not high enough to force liquid from the container, open both the upper and lower valves slightly to remove the excess. Promptly seal and label the container and deliver it to the laboratory. (10) "Nozzle sampling procedure." When using a container of the open type, keep it at a temperature of 32 degrees to 40 degrees Fahrenheit (0 degree to 4.5 degrees centigrade) when sampling by the nozzle sampling procedure. The container may be chilled by placing it into an ice chest containing ice (frozen water). The sampling is accomplished following the procedure in (k)(4). Figure 1. Sampling Depths Summary of Sampling Procedures and Applicability Type of container Procedure Paragraph Storage tanks, ship and Bottle sampling (k)(1) barge tanks, tank cars, tank trucks Storage tanks with taps Tap sampling (k)(2) Pipes and lines Continuous line (k)(3) sampling Service station under- Nozzle sampling (k)(4) ground storage tanks Figure 2. Assembly for Bottle Sampling Metric Equivalents in. 1/8 1 1 1/4 2 3/4 3 1/4 4 10 12 13 1/4 mm 3 25 45 70 83 102 250 300 350 Figure 3. Assembly for Tap Sampling Figure 4. Probes for Continuous Sampling Note: Probe may be pitted with valves or plug cocks. Probe should be disposed horizontally Figure 5. Cooling Bath Figure 6. Spacer for Nozzle Sampling Make from 1/4 inch flat steel All dimensions in inches Break all edges and corners Figure 7. Nozzle Extensions for Nozzle Sampling Use 3/4 in. schedule 80 Black Iron Pipe All dimensions in inches All tolerences +1/128 inch A - Recommend 30 B - Inside diameter Schedule 80 Black Iron Pipe All dimensions in inches (not to scale). All decimal dimensions represent minimum and maximum. Tolerance for all other dimensions is +1/32". Made of non-ferrous material, unaffected by gasoline. Figure 8. Assembly for Nozzle Sampling Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830, Health and Safety Code. Reference: Sections 39000, 39001, 39002, 39003, 39500, 41511, 43000, 43013, 43018, 43101 and 43830, Health and Safety Code; andWestern Oil and Gas Ass'nv.Orange County APCD, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2297. Test Method for the Determination of the Reid Vapor Pressure Equivalent Using an Automated Vapor Pressure Test Instrument. (a) Scope. (1.0) This test method covers the determination of the total pressure, exerted in vacuum, by air-containing, volatile, petroleum products. The test method is suitable for testing samples with boiling points above 0° C (32° F) that exert a vapor pressure between 7 and 130 kPa (1.0 and 19 psi) at 37.8° C (100° F) at a vapor-to-liquid ratio of 4:1. The test method is suitable for testing gasoline samples which contain oxygenates. No account is made of dissolved water in the sample. (Samples can also be tested at other vapor-to-liquid ratios, temperatures and pressures, but the Precision and Bias as described in section (k) do not necessarily apply.) (2.0) This test method covers the use of automated vapor pressure instruments that perform measurements on liquid specimen sizes in the range from 1 to 10 ml. (3.0) Standard values are specified in SI units (International System of Units). The values given in parentheses are provided for information purposes only. (4.0) This test method may involve hazardous materials, operations, and equipment. This test method does not purport to address all of the safety problems associated with its use. It is the responsibility of the user of this test method to establish appropriate safety and health practices and determine the applicability of regulatory limitations prior to use. For specific hazard statements, see section (g)(5.0). (b) Summary of Test Method. (1.0) A known volume of chilled, air-saturated sample is introduced into a thermostatically controlled test chamber, the internal volume of which is five times that of the total test specimen introduced into the chamber. A vacuum is applied to the chamber in accordance with the manufacturer's instructions. After introduction into the test chamber the test specimen is allowed to reach thermal equilibrium at the test temperature, 37.8° C (100° F). The resulting rise in pressure in the chamber is measured using a pressure transducer sensor and indicator. (2.0) Only the sum of the partial pressure of the sample and the partialpressure of the dissolved air (commonly known as the total pressure) are used in this test method. Note that some instruments may call this pressure measurement by another term. Also note that some instruments are capable of measuring the absolute pressure of the specimen as well. (3.0) The measured total vapor pressure is converted to a Reid vapor pressure equivalent (RVPE) by use of a calibration equation (section (i)(1.0)). This calculation converts the measured total pressure to the Reid vapor pressure (RVP) expected from the American Society of Testing and Materials (ASTM) Test Method D 323-58. (c) Apparatus. (1.0) Vapor Pressure Apparatus - An appropriate instrument, designed for the intended use should be selected. The minimum performance level for the automated vapor pressure test instrument is that the instrument shall perform as well as, or better than, the precision criteria set forth in the ASTM D323- 58, which is incorporated herein by reference. The ASTM D323-58 states a repeatability value of 0.2 psi and a reproducibility value of 0.3 psi. The instrument shall provide accurate results which are comparable to the RVP measured by the ASTM 323-58. Typically, the type of apparatus suitable for use in this test method employs a small volume test chamber incorporating a transducer for pressure measurements and associated equipment for thermostatically controlling the chamber temperature and for evacuating the test chamber. (1.1) The test chamber shall be designed to contain between 5 and 50 ml of liquid and vapor and be capable of maintaining a vapor-to-liquid ratio between 3.95 to 1.00 and 4.05 to 1.00. (1.2) The pressure transducer shall have a minimum operational range from 0 to 177 kPa (0 to 25.6 psi) with a minimum resolution of 0.1 kPa (0.01 psi) and a minimum accuracy of +- 0.3 kPa (+- 0.05 psi). The pressure measurement system shall include associated electronics and readout devices to display the resulting pressure reading. (1.3) The thermostatically controlled heater shall be used to maintain the test chamber at 37.8 +- 0.1° C (100 +- 0.2° F) for the duration of the test. (1.4) A platinum resistance thermometer shall be used for measuring the temperature of the test chamber. The minimum temperature range of the measuring device shall be from ambient to 60° C (140° F) with a resolution of 0.1° C (0.2° F) and accuracy of 0.1° C (0.2° F). (1.5) The vapor pressure apparatus shall have provisions for introduction of the test specimen into the test chamber and for the cleaning or purging of the chamber following the test. (2.0) A vacuum pump (if required by the manufacturer's instructions) shall be capable of reducing the pressure in the test chamber to less than 0.01 kPa (0.001 psi) absolute. (3.0) A syringe (optional, depending on sample introduction mechanism employed with each instrument) shall be gas-tight. The syringe shall be 1 to 20-ml capacity with a +- 1% or better precision. The capacity of the syringe should not exceed two times the volume of the test specimen being dispensed. (4.0) Ice Water Bath or Refrigerator (Air Bath): for chilling the samples and syringe to temperatures betweens and 1° C (32 to 34° F). (5.0) Mercury Barometer (if required by the manufacturer's instructions): in the 0 to 120 kPa (0 to 17.4 psi) range. (6.0) McLeod Vacuum Gage (if required by the manufacturer's instructions): to cover at least the range from 0 to 0.67 kPa (0 to 5mm Hg). (d) Sampling. (1.0) Obtain a sample in accordance with title 13, California Code of Regulations, section 2296. (2.0) The extreme sensitivity of vapor pressure measurements to losses through evaporation and the resulting changes in composition is such as to require the utmost precaution and most meticulous care in the handling of samples. (3.0) Protect samples from excessive high temperatures prior to testing. This can be accomplished by storage in an appropriate ice water bath or refrigerator. (4.0) Do not test samples stored in leaky containers. Discard and obtain another sample if leaks are detected. (e) Preparation of Apparatus. (1.0) Prepare the instrument for operation in accordance with the manufacturer's instructions. (2.0) Clean and prepare the test chamber as required to avoid contamination of the test specimen. (3.0) For instruments that require that the test chamber be evacuated prior to the introduction of the test specimen: Prior to specimen introduction, visually determine from the instrument display that the test chamber pressure is stable and does not exceed 0.1 kPa (0.01 psi). When the pressure is not stable or exceeds this value, check that the chamber is clean of volatile materials remaining in the chamber from a previous specimen or check the calibration of the transducer. (4.0) If a syringe is used for introduction of the specimen, chill it to between 0 and 4.5° C (32 and 40° F) in an ice water bath or a refrigerator before drawing in the specimen. Avoid water contamination of the syringe reservoir by suitably sealing the outlet of the syringe during the cooling process. (5.0) For instruments using a pre-heated test chamber: Prior to introduction of the test specimen check that the temperature of the test chamber is within the required range from 37.8 +- 0.1° C (100 +- 0.2° F). (f) Calibration. (1.0) Pressure Transducer: (1.1) Check the calibration of the pressure transducer on a monthly basisor when needed as indicated from the quality control checks (section (g)). The calibration of the pressure transducer is checked using two reference points, zero pressure (<0.1kPa) and the ambient baromtric pressure. (1.2) Connect a McLeod gage to the vacuum source in line with the test chamber. Apply a vacuum to the test chamber. When the McLeod gage registers a pressure less than 0.1 kPa (0.8mm Hg, or 0.01 psi), adjust the pressure transducer control to zero or to the actual reading on the McLeod gage as dictated by the instrument design and manufacturer's instructions. (1.3) Open the test chamber to the atmosphere and observe the pressure transducer reading. If the pressure reading is not equal to the ambient barometric pressure, then adjust the pressure transducer span control until the appropriate reading is observed. Ensure that the instrument is set to display the total pressure and not a calculated or corrected value. (1.4) Repeat steps (f)(1.2) and (f)(1.3) until the zero and barometric pressures read correctly without further adjustments. (2.0) Thermometer - Check the calibration of the platinum resistance thermometer used to monitor the temperature of the test chamber at least every six months against a National Institute on Standards and Technology (NIST) traceable thermometer. (g) Quality Control Checks. (1.0) Check the performance of the instrument each day it is in use by running a quality control sample consisting of a pure solvent of known vapor pressure similar to the vapor pressure of the samples to be tested. Treat the pure solvent quality control check sample in the same manner as a sample (section (h)). Record the total vapor pressure (do not calculate a Reid vapor pressure equivalent) in a log for the purpose of tracking the instrument's performance. If the total vapor pressure differs from the previous entry (for the same pure solvent) in the log by more than +- 1.0 kPa (0.15 psi), then check the instrument calibration (section (f)). If the trend of the log shows variations of more than +- 1.0 kPa (0.15 psi) (for the same pure solvent), also check the instrument calibration. (2.0) Some of the possible reference pure materials and their corresponding absolute vapor pressures include: cyclohexane 22.5 kPa (3.27 psi) cyclopentane 68.3 kPa (9.92 psi) 2,2-dimethylbutane 67.9 kPa (9.86 psi) 2,3-dimethylbutane 51.1 kPa (1.41 psi) 2-methylpentane 46.7 kPa (6.77 psi) toluene 7.1 kPa (1.03 psi) (The total pressure values cited were obtained from Phillips Petroleum Co., Bartlesville, OK, or the Table of Physical Constants, National Gas Producer Association.) (3.0) Purity of Reagents - Use chemicals of at least 99% purity for quality control checks. Unless otherwise indicated, it is intended that all reagents conform to the specifications of the Committee on Analytical Reagents of the American Chemical Society where such specifications are available. ( "Reagent Chemicals, American Chemical Society Specifications," Am. Chemical Soc., Washington, DC. For suggestions on the testing of reagents not listed by the American Chemical Society, see "Reagent Chemicals and Standards," by Joseph Rosin, D. Van Nostrand Co, Inc., New York, NY and the "United States Pharmacopeia.") Lower purities can be used, provided it is first ascertained that the reagent is of sufficient purity to permit its use without lessening the accuracy of the determination. (4.0) The chemicals in this section are suggested for use in quality control procedures; not for instrument calibration. (5.0) WARNING -Cyclohexane, cyclopentane, 2,2-dimethylbutane, 3,2- dimethylbutane, 2-methylpentane, and toluene are extremely flammable. They are an aspiration hazard and are harmful if inhaled. They are also a skin irritant on repeated contact. (h) Procedure. (1.0) Sample Temperature - Cool the sample container and contents in an ice water bath or refrigerator to the 0 to 1° C (32 to 34° F) range prior to opening the sample container. Allow sufficient time to reach this temperature. (2.0) Verification of Sample Container Filling - After the sample reaches thermal equilibrium at 0 to 1° C, take the container from the ice water bath or refrigerator, wipe dry with an absorbent material, unseal and examine the ullage. With a suitable gage, determine that the liquid content in the container is between 70 to 80% of the volume of the container capacity. (2.1) Discard the sample if the liquid content of the container is less than 70% of the volume of the container capacity. (2.2) If the liquid content of the container is more than 80% of the volume of the container capacity, pour out enough sample to bring the liquid contents within the 70 to 80% volume range. (3.0) Air Saturation of Sample in Sample Container (3.1) After determining that the liquid content in the sample container is between 70 to 80% full, reseal the container and shake vigorously. Return the container to the ice water bath or refrigerator for a minimum of 2 minutes. (4.0) Remove the sample from the ice water bath or refrigerator, dry the exterior of the container with absorbent material, uncap, insert a transfer tube or syringe (section (e)(4.0)). Draw a bubble-free aliquot of sample into a gas tight syringe or transfer tube and deliver this test specimen to the test chamber as rapidly as possible. The total time between opening the chilled sample container and inserting/securing the syringe into the sealed test chamber shall not exceed 1 minute. (5.0) The vapor pressure determination shall be performed on the first test specimen withdrawn from a sample container. Successive vapor pressure determinations can be made on the remaining test material in the same container if the container had been tightly sealed immediately after the previous vapor pressure determination. (6.0) Follow the manufacturer's instructions for the introduction of the test specimen into the test chamber, and for the operation of the instrument to obtain a total vapor pressure result for the test specimen. (7.0) Set the instrument to read the result in terms of total vapor pressure. If the instrument is capable of calculating a Reid vapor pressure equivalent value, ensure that only the parameters described in section (i)(2.0) are used. (8.0) Verification of Single Phase - After drawing a test specimen and introducing it into the instrument for analysis, check the remaining sample for phase separation. If the sample is contained in a glass container, this observation can be made prior to sample transfer. If the sample is contained in a non-transparent container, mix the sample thoroughly and immediately pour a portion of the remaining sample into a glass container and observe for evidence of phase separation. If the sample is not clear and bright or if a second phase is observed, discretion shall be used to determine if the sample is truly representative. (9.0) Record the total vapor pressure reading from the instrument to the nearest 0.1 kPa (0.01 psi). For instruments that do not automatically record or display a stable pressure value, manually record the pressure indicator reading every minute to the nearest 0.1 kPa; and, when three successive readings agree to within 0.1 kPa, record the result to the nearest 0.1 kPa (0.01 psi). (i) Calculation. (1.0) Calibration Equation - Calculate the Reid vapor pressure equivalent (RVPE) using the following calibration equation. Ensure that the instrument reading used in this equation corresponds to the total pressure and has not been corrected by an automatically programmed correction factor. Equation 1: RVPE = aX - b where: "RVPE" is the vapor pressure value (in psi) that would be expected from test method ASTM D323-58; "a" is the correlative relationship of test data from the specific automated vapor pressure test instrument and test data from ASTM D323-58; "X" is the total vapor pressure value (in psi) as determined by the specific automated vapor pressure test instrument; "b" is the offset of the test data between the specific automated vapor pressure test instrument and the test data from ASTM D323-58. The data used for determining the calibration equation for each instrument shall be obtained during an Air Resources Board vapor pressure test program. The data shall consist of test results obtained from the analysis of identical samples by the automated instrument and by ASTM D323-58. Vapor pressure test programs may be conducted on a periodic basis as needed. The Air Resources Board conducted such a program and determined that the following automated vapor pressure test instruments meet the requirements of section (c). The data from the test program were used to arrive at the calibration equations for these instruments. The calibration equations are as follows: 1. Grabner Instruments, Model: CCA-VP (laboratory Grabner) RVPE = (.965) x - .304 2. Grabner Instruments, Model: CCA-VPS (portable Grabner) RVPE = (.972) x - .715 3. Stanhope-Seta Limited, Model: Setavap RVPE = (.961) x - .577 (2.0) The calculation described in section (i)(1.0), above, can be accomplished automatically by the instrument, if so equipped, and in such cases the user shall not apply any further corrections. (j) Report. (1.0) Report the Reid vapor pressure equivalent to the nearest 0.1 kPa (0.01 psi). (k) Precision and Bias. (1.0) Precision - The precision of this test method as determined by the statistical examination of interlaboratory test results is as follows: (1.1) Repeatability - The difference between successive test results obtained by the same operator with the same apparatus under constant operating conditions on identical test material would, in the long run, in the correct operation of the test method exceed the following value only in one case in twenty. The repeatability values for the specific automated vapor pressure test instruments listed in section (i)(1.0) are: 1. Grabner Instruments, Model: CCA-VP (laboratory Grabner) 0.084 psi 2. Grabner Instruments, Model: CCA-VPS (portable Grabner) 0.084 psi 3. Stanhope-Seta Limited Model: Setavap 0.10 psi (1.2) Reproducibility - The difference between two single and independent test results obtained by different operators working in different laboratories using the same make and model test instrument on identical test material would, in the long run, in the correct operation of the test method exceed the following value only in one case in twenty. The reproducibility values for the specific automated vapor pressure test instruments listed in section (i)(1.0) are: 1. Grabner Instruments, Model: CCA-VP (laboratory Grabner) 0.13 psi 2. Grabner Instruments, Model: CCA-VPS (portable Grabner) 0.21 psi 3. Stanhope-Seta Limited Model: Setavap 0.32 psi (2.0) Bias - A relative bias was observed between the total pressure obtained using this test method and the Reid vapor pressure obtained using ASTM Test Method D323-58. This bias is corrected by the use of the calibration equation in section (i)(1.0) which calculates a Reid vapor pressure equivalent value from the observed total pressure. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, and 43830, Health and Safety Code; and Western Oil and Gas Ass'n . v. Orange County Air Pollution Control District , 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 43000, 43013, 43018, 43101 and 43830, Health and Safety Code; and Western Oil and Gas Ass'n . v. Orange County Air Pollution Control District , 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2298. Conversion of Volume Percent Oxygenate to Weight Percent Oxygen in Gasoline. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43830, Health and Safety Code. Reference: Sections 39000, 39001, 39002, 39003, 39500, 41511, 43000, 43013, 43018, 43101 and 43830, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal.3d 411, 121 Cal. Rptr. 249 (1975). s 2299. Standards for Nonvehicular Diesel Fuel Used in Diesel-Electric Intrastate Locomotives and Harborcraft. (a)Requirements. (1) Standards for Nonvehicular Diesel Fuel Used in Harborcraft in the South Coast Air Quality Management District (SCAQMD) Beginning January 1, 2006.Beginning January 1, 2006, California nonvehicular diesel fuel sold, offered for sale, or supplied within the SCAQMD for use in harborcraft is subject to all of the requirements of Title 13 CCR sections 2281 (sulfur content), 2282 (aromatic hydrocarbons content) and 2284 (lubricity) applicable to vehicular diesel fuel, and shall be treated under those sections as if it were vehicular diesel fuel. (2)Standards for Nonvehicular Diesel Fuel Used in Intrastate Diesel-Electric Locomotives and Harborcraft Beginning January 1, 2007. Beginning January 1, 2007, California nonvehicular diesel fuel sold, offered for sale, or supplied for use in diesel-electric intrastate locomotives or harborcraft is subject to all of the requirements of title 13 CCR sections 2281 (sulfur content), 2282 (aromatic hydrocarbons content) and 2284 (lubricity) applicable to vehicular diesel fuel, and shall be treated under those sections as if it were vehicular diesel fuel. (3)Exemption for military specification fuel used in military vessels. The requirements of this section do not apply to military specification fuel that is sold, offered for sale, or supplied for use in marine vessels owned or operated by the armed forces of the United States. (b) Definitions. (1) "California nonvehicular diesel fuel" means any diesel fuel that is not vehicular diesel fuel as defined respectively in title 13 CCR sections 2281(b), 2282(b), or 2284(b) and that is sold or made available for use in engines in California. (2) "Diesel-electric locomotive" means a locomotive using electric power provided by a diesel engine that drives a generator or alternator; the electrical power produced then drives the wheels using electric motors. (3) "Diesel fuel" means any fuel that is commonly or commercially known, sold or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons that is sold or represented as suitable for use in an internal combustion, compression-ignition engine. (4) "Harborcraft" means any marine vessel that meets all of the following criteria: (A) The vessel does not carry a "registry" (foreign trade) endorsement on its United States Coast Guard certificate of documentation, and is not registered under the flag of a country other than the United States; (B) The vessel is less than 400 feet in length overall (LOA) as defined in 50 CFR s 679.2 as adopted June 19, 1996; (C) The vessel is less than 10,000 gross tons (GT ITC) per the convention measurement (international system) as defined in 46 CFR s 69.51-.61, as adopted September 12, 1989; and (D) The vessel is propelled by a marine diesel engine with a per-cylinder displacement of less than 30 liters. (5) "Intrastate diesel-electric locomotive" means: (A) A diesel-electric locomotive that operates within California for which at least 90 percent of its annual fuel consumption, annual hours of operation, or annual rail miles traveled occur within California. This definition would typically include, but not be limited to, diesel-electric locomotives used in the following operations: passenger intercity and commuter, short haul, short line, switch, industrial, port, and terminal operations; (B) An intrastate diesel-electric locomotive does not include those diesel-electric locomotives that: 1. Meet the U.S. Environmental Protection Agency Tier II locomotive emission standards, and 2. Primarily move freight into and out of the South Coast Air Quality Management District, and 3. Have been included as a diesel-electric locomotive operating in the South Coast Nonattainment Area under paragraph IV.B. of the Memorandum of Mutual Understandings and Agreements for the South Coast Locomotive Fleet Average Emissions Program, dated July 2, 1998. (C) (This subsection reserved for consideration of diesel-electric locomotives that meet the U.S. Environmental Protection Agency Tier II locomotive emission standards and primarily move freight within California outside of the South Coast Air Quality Management District.) (6) "Locomotive" means a piece of on-track equipment designed for moving or propelling cars that are designed to carry freight, passengers or other equipment, but which itself is not designed or intended to carry freight, passengers (other than those operating the locomotive) or other equipment. (7) "Marine vessel" means any ship, boat, watercraft, or other artificial contrivance used as a means of transportation on water. (c) Alternative Emission Reduction Plan for Intrastate Diesel-Electric Locomotives. For an owner or operator of an intrastate diesel-electric locomotive who has submitted an alternative emission reduction plan (plan) that contains a substitute fuel(s) and/or emission control strategy(s) and has been approved by the Executive Officer, compliance with the alternative emission reduction plan (plan) shall constitute compliance with the requirements of subsection (a)(2). In order to be approved, the plan must do all of the following: (1) Identify or define the total fuel consumption and total emissions that would be associated with the activities of the diesel-electric locomotives were the owner or operator to comply with subsection (a)(2). (2) Define a substitute fuel(s) and/or emission control strategy(s) for the plan. (3) Identify the emission reductions that are attributable to the substitute fuel(s) and/or emission control strategy(s) relative to the emission reductions achieved through compliance with subsection (a)(2). (4) Demonstrate that the substitute fuel(s) and/or emission control strategy(s) in the plan provide equivalent or better emission benefits than would be achieved through compliance with subsection (a)(2). The emission benefits achieved under the plan shall be targeted towards residents in those parts of the state most impacted by diesel-electric locomotive emissions. (5) The plan shall contain adequate enforcement provisions. Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39515, 39516, 41511, 43013, 43016 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2300. Definitions. (a) The following definitions apply to Chapter 8. (1) "Affiliate" means any person who owns or controls, is owned or controlled by, or is under common ownership and control with, another person. (2) "CEC" means the Energy Resources, Conservation and Development Commission. (3) "Clean alternative fuel" means any fuel used as the certification fuel in a low-emission vehicle, other than the primary gasoline or diesel fuel used in exhaust emission certification testing pursuant to the ARB's "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in Title 13, California Code of Regulations, section 1960.1, or "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. (4) "CNG" means compressed natural gas. (4.3) "Compliance year" means the 12 month period running from May 1 through April 30. (4.7) "Dedicated vehicle" means a low-emission vehicle designed and engineered to be operated solely on a clean alternative fuel, and not on gasoline or any mixture of gasoline and the clean alternative fuel. (5) "Designated clean fuel" means any clean alternative fuel other than electricity. (6) "Distribute" means to physically transfer from a production or importation facility and irrevocably release into commerce for use as a motor vehicle fuel in California. (7) "Distributor" has the same meaning as defined in section 20999 of the Business and Professions Code. (8) "Dual-fuel vehicle" means any motor vehicle that is engineered and designed to be capable of operating on gasoline, and on liquified petroleum gas, CNG or liquified natural gas. (9) "Executive officer" means the executive officer of the Air Resources Board, or his or her designee. (10) "Fleet operator" means, for any given calendar year, the operator in that year of fifteen or more low-emission vehicles that are certified on a particular designated clean fuel and that are under common ownership or operation in California. (10.5) "Fleet vehicle" means one of fifteen or more low-emission vehicles that are certified on a particular designated clean fuel and that are under common ownership or operation in California. (11) "Flexible-fuel vehicle" means any alcohol-fueled motor vehicle that is engineered and designed to be operated using any gasoline-alcohol mixture or blend. (12) "Franchise," "franchisor," and "franchisee" have the same meaning as defined in section 20999 of the Business and Professions Code. (13) "Gasoline supplier" means any person, including affiliates of such person, who produces gasoline for use in California or imports gasoline into California. (14) "Import" means to bring motor vehicle fuel into California for the first time for use in motor vehicles in California. (15) "Liquid designated clean fuel" means any designated clean fuel that is dispensed into motor vehicles in liquid form. (16) "Low-emission vehicle" means any vehicle certified to the transitional low-emission vehicle, low-emission vehicle, ultra-low-emission vehicle, super ultra-low emission vehicle, or zero-emission vehicle standards established in Title 13, California Code of Regulations, sections 1960.1 or 1961. (17) "Major breakdown" means an unforeseeable mechanical or electrical failure off CNG dispensing equipment which cannot in the exercise of reasonable diligence be repaired in 72 hours or less. (19) "Minor breakdown" means an unforeseeable mechanical or electrical failure of CNG dispensing equipment which can in the exercise of reasonable diligence be repaired in 72 hours or less. (20) "Non-retail facility" means any establishment at which a designated clean fuel is supplied or offered for supply to motor vehicles, but is not supplied or offered to the general public. (21) "Owner/lessor" means: (A) In the case of a retail gasoline outlet which is owned, leased or controlled by a franchisor, and which the franchisee is authorized or permitted, under the franchise, to employ in connection with the sale of gasoline, the franchisor. (B) In the case of a retail gasoline outlet which is owned, leased or controlled by a refiner or a distributor, and is operated by the refiner or distributor or his agent, the refiner or distributor. (C) In the case of all other retail gasoline outlets, the owner of the retail gasoline outlet. (22) "Primary designated clean fuel" means a designated clean fuel for which a substitute fuel has been proposed or designated pursuant to section 2317. (23) "Produce" means, in the case of any liquid motor vehicle fuel, to convert in California liquid compounds which do not constitute the fuel into the fuel. (24) "Quarter" means the three month calendar quarters January-March, April-June, July-September, and October-December. (25) "Refiner" has the same meaning as defined in section 20999 of the Business and Professions Code. (26) "Refinery" means a facility that produces gasoline by means that include distilling petroleum. (27) "Selected retail clean fuel outlet" means a specific retail clean fuel outlet which is equipped to store and dispense a designated clean fuel in order to comply with section 2302. (28) "Retail clean fuel outlet" means an establishment which is equipped to dispense a designated clean fuel to motor vehicles and at which the designated clean fuel is sold or offered for sale to the general public for use in motor vehicles without the use of a key or card key and without the need to establish an account. (29) "Retail gasoline outlet" means any establishment at which gasoline is sold or offered for sale to the general public for use in motor vehicles. (31) "Vehicle conversion" means a modification of a gasoline or diesel fueled vehicle, not certified to a low-emission vehicle standard, to a vehicle which uses a designated clean fuel and which is capable of meeting low-emission vehicle exhaust emissions standards as demonstrated either by installation of an ARB-approved conversion system that achieves such low-emission standards or by individual vehicle testing. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2301. Equipping Retail Gasoline Outlets in the SCAQMD to Dispense Designated Clean Fuels in 1994 through 1996. s 2302. Equipping Retail Gasoline Outlets or Other Outlets to Dispense Designated Clean Fuels. (a) Any person who is the owner/lessor of an operating retail gasoline outlet shall, for each designated clean fuel, equip at least the required minimum number for each year, as determined in accordance with section 2307(d), of his or her retail gasoline outlets in the state, or of other outlets in the state, so that the outlets are retail clean fuel outlets for the designated clean fuel. The required minimum number of retail clean fuel outlets for each compliance year shall apply to the entire compliance year. The requirements of this section shall apply at all times during which a person is an owner/lessor of an operating retail gasoline outlet. The requirements of this section shall in any case be deemed satisfied with regard to a designated clean fuel if all of the owner/lessor's operating retail gasoline outlets are equipped as retail outlets for the designated clean fuel. (b) In the case of any designated clean fuel which is in gaseous form, the dispensing equipment required by this section shall be designed for a minimum of four hours of high volume operation per day. For all retail gasoline outlets or other that are claimed by the owner/lessor to be equipped in order to satisfy the requirements of this section, the owner/lessor shall notify the operator in writing that the outlet is so equipped. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2303. Determination of Total Projected Maximum Volumes of Designated Clean Fuels. The executive officer shall determine the total projected maximum volume of each designated clean fuel for each year, at least fourteen months before the start of the year, in accordance with this section. (a) Identification of designated clean fuels . The executive officer shall determine what designated clean fuels are expected to be used as the certification fuel in low- emission vehicles in the year. This determination shall be based on registration records of the Department of Motor Vehicles and projected production estimates submitted by motor vehicle manufacturers to the executive officer pursuant to the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in Title 13, California Code of Regulations, section 1960.1, and the "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. (b) Estimation of number of designated clean fuel vehicles . (1) For each designated clean fuel identified pursuant to section 2303(a), the executive officer shall make an estimate of the number of low-emission vehicles certified on the fuel for each calendar year. The estimate shall be the sum of: [i] the number of low- emission vehicles certified on the fuel that vehicle manufacturers have projected to be produced in the corresponding model year and the prior model year for sale in California; [ii] one-sixth of the number of low-emission vehicles certified on the fuel that vehicle manufacturers project to produce for the model year that is two years prior to the year for which the calculations are being made; and [iii] the number of low-emission vehicles certified on the fuel that are registered with the Department of Motor Vehicles through July 30 of the year two years prior to the year for which the estimates are being made. (2) The vehicle manufacturers' projections used for the estimates made under this section 2303(b) shall be the reports of projected production data submitted by motor vehicle manufacturers to the executive officer pursuant to the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" as incorporated by reference in Title 13, California Code of Regulations, section 1960.1, or "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. (c) Determination of total projected maximum volumes of designated clean fuel . For each designated clean fuel identified pursuant to section 2303(a), the executive officer shall estimate the total projected maximum volume (TPMV) of the designated clean fuel for the year. The total projected maximum volume for each designated clean fuel shall be the sum of the maximum demand volumes (MXDV) calculated by model-year and vehicle class (passenger car, light-duty truck, or medium-duty vehicle). The following equation shall be used to calculate total projected maximum volumes: Where: TPMV is the total projected maximum volume (gasoline equivalent gallons per year for a liquid fuel and therms per year for a gaseous fuel) for a particular clean fuel. MXDV is the maximum demand volume for a particular clean fuel within vehicle class i and model-year y as calculated in the next paragraph of text. Model-year y is, in turn, each vehicle model-year since and including 1994. Vehicle class i is, in turn, each of three classes ofvehicles: passenger cars (PC), light-duty trucks (LDT) or medium-duty vehicles (MDV). Maximum demand volume for a designated clean fuel (for a given model-year and vehicle class) shall equal the number of vehicles (as determined in section 2303(b)) in a particular vehicle class certified on a particular fuel, multiplied by the average miles travelled per year per vehicle by those vehicles, divided by the average fuel economy of those vehicles. The following equation shall be used to calculate maximum demand volumes: Where: MXDV is the maximum demand volume (gasoline equivalent gallons per year for a liquid fuel and therms per year for a gaseous fuel) for a particular clean fuel within vehicle class i and model year y. Vehicle class i is one of three possible classes of vehicles--passenger cars (PC), light-duty trucks (LDT) or medium-duty vehicles (MDV). Model-year y is, in turn, each vehicle model-year since and including 1994. Number of vehicles certified on fuel shall be determined pursuant to section 2303(b), and shall be calculated separately for vehicles of the same model year and vehicle class (PC, LDT, MDV). AMT per vehicle is the average vehicle miles traveled per year per low-emission vehicle, based on annual mileage accrual rates for motor vehicles for a specific model year and vehicle class derived from the current version of the ARB's EMFAC emission inventory model and other reasonably available relevant information. Average fuel economy represents the estimated fuel economy in miles per gasoline equivalent gallon (mpg) (or miles per therm in the case of gaseous fuels) of low-emission vehicles of the same model year and vehicle class. The average fuel economy estimates shall be determined by the executive officer based on the fuel economy estimates provided by the vehicle manufacturers pursuant to the "California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles" and the "California Exhaust Emission Standards and Test Procedures for 2001 and Subsequent Model Passenger Cars, Light-Duty Trucks and Medium-Duty Vehicles," which are incorporated by reference in Title 13, California Code of Regulations, sections 1960.1 and 1961, and on other reasonably available relevant information. (d) Characterization of certain dual-fuel or flexible-fuel vehicles . Any dual-fuel or flexible-fuel vehicle which is certified to meet, while operated on gasoline or diesel fuel, low-emission vehicle standards at least as stringent as the most stringent low-emission vehicle standards to which the vehicle is certified while operated on a fuel other than gasoline shall not be included in the determination pursuant to section 2303(b) of the number of low-emission vehicles certified on a designated clean fuel. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2303.5. Identification of Designated Clean Fuels Projected to Reach the Trigger Level in a Particular Year. (a) The trigger level requirement . (1) Number of designated clean fuel vehicles necessary to trigger a retail clean fuel outlet requirement . There shall be no retail clean fuel outlets for a designated clean fuel required in a year unless the statewide number of low-emission vehicles projected by the executive officer for that fuel in accordance with section 2303(b) is 20,000 or greater, after discounting the number of fleet vehicles by 75 percent or a smaller discount factor determined in accordance with section 2303.5(a)(2). (2) Reducing the discount factor for fleet vehicles . The discount factor for fleet vehicles is intended to reflect the approximate percentage of clean fuel that will be dispensed to the fleet vehicles from facilities other than retail clean fuel outlets in the year for which the trigger determination is being made. If the executive officer determines, based on the reports filed pursuant to section 2313 and on any other relevant reasonably available information, that a specified lower percentage of the clean fuel dispensed to the fleet vehicles will likely be dispensed from facilities other than retail clean fuel outlets, the executive officer shall discount the number of fleet vehicles by that specified lower percentage. (b) Yearly projections regarding the trigger level . For each year, the executive officer shall identify any designated clean fuels he or she projects will for the first time be the fuel for a sufficient number of low-emission vehicles to reach the trigger level set forth in section 2303.5(a). At least sixteen months before the start of the year, the executive officer shall notify interested parties of the fuel or fuels identified, and shall make available a summary of the information and analysis relied upon, including the fleet discount factor applied. The notification shall also identify any other designated clean fuel that the executive officer projects will miss the trigger level by no more than 30 percent, with the information and analysis relied upon being made available. The notice shall be provided to trade associations representing gasoline refiners, distributors and retailers, representative environmental groups, and any person who has requested in writing to receive such notices. (c) Requests to revise trigger level projections . Any interested party may request in writing that the executive officer revise the trigger determination or fleet discount factor for any designated clean fuel, and may submit any relevant information supporting a revised determination. In order to be considered by the executive officer, the written request and supporting information must be received no more than 30 days after issuance of the notice. The executive officer shall consider any requests that are timely submitted, and shall issue his or her final trigger determination and fleet discount factor no less than fourteen months before the start of the year in question. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2304. Determination of Total and Additional Number of Retail Clean Fuel Outlets Required for Each Designated Clean Fuel in Each Year. The executive officer shall, for each designated clean fuel, determine the total number of retail clean fuel outlets required for each year, and the total number of additional retail clean fuel outlets required for the first time in the year, in accordance with this section. The executive officer shall make the determination at least fourteen months before the start of the year. (a) Determination of total number of retail clean fuel outlets required for each designated clean fuel in each year . The executive officer shall determine for each designated clean fuel the total number of retail clean fuel outlets that shall be required for that designated fuel in each year, calculated as follows: (1) Formula for calculating required number of clean fuel outlets . Except as otherwise provided in this section 2304(a), the total number of clean fuel outlets that shall be required for each designated clean fuel for each year shall be calculated as follows: Required Total Discounted Total Clean Fuel = Projected - Clean Fuel + Clean Fuel Volume Outlets Maximum Clean Volume for From Vehicle Fuel Volume Fleet Vehicles Conversions _______________________________________________________________________________ Clean Fuel Throughput Volume per Station Where: Total Projected Maximum Clean Fuel Volume shall be determined in accordance with the procedures set forth in section 2303(c). Discounted Clean Fuel Volume for Fleet Vehicles means the total volume of the designated clean fuel (adjusted to gasoline volumes on an energy equivalent basis) estimated to be used in fleet vehicles during the year, multiplied by the discount factor determined pursuant to section 2303.5(a) for the designated clean fuel for the year in which the retail clean fuel outlet trigger was reached. This figure shall be determined by the executive officer using the methodology in section 2303(c), the reports filed pursuant to section 2313 and any other relevant reasonably available information. Total Clean Fuel Volume from Vehicle Conversions means the total amount of the designated clean fuel (adjusted to gasoline volumes on an energy equivalent basis) for each vehicle class from conversions. This figure shall be determined by the executive officer based on information provided by the Department of Motor Vehicles and on any other relevant reasonably available information. Clean Fuel Throughput Volume Per Station for liquid fuel shall be 300,000 gasoline equivalent gallons per year for each designated clean fuel, except that once more than five percent of all retail gasoline outlets are required to be equipped to dispense a particular liquid clean fuel, the clean fuel throughput volume per station shall be 600,000 gasoline equivalent gallons for purposes of calculating the number of required retail clean fuel outlets in excess of five percent of all retail gasoline outlets. For gaseous fuel, the clean fuel throughput volume per station shall be 400,000 therms per year. (2) Executive officer adjustments to the number of required retail clean fuel outlets. (A) Reducing projected clean fuel volume to reflect the volume of gasoline used in dual-fuel or flexible-fuel vehicles . For each year, the executive officer shall determine for each designated clean fuel the percentage of the low-emission vehicles identified for the year pursuant to section 2303(b) that will be dual-fuel or flexible-fuel vehicles. The executive officer shall further determine the approximate percentage of the fuel used during the year in these dual-fuel or flexible-fuel vehicles that will be gasoline rather than the designated clean fuel and multiply that percentage by 0.85. The executive officer shall then discount the "Total Projected Maximum Clean Fuel Volume" attributed to these vehicles in the section 2304(a)(1) equation by the adjusted percentage. The determinations are to be based on the information sources identified in section 2303(a) and on any other relevant reasonably available information. (B) Change to the discount for fleet vehicles . If the executive officer determines that the discount factor applied to the calculation of the Clean Fuel Volume for Fleet Vehicles in the equation in section 2304(a)(1) does not accurately reflect the approximate percentage of clean fuel that will be dispensed to the fleet vehicles from facilities other than retail clean fuel outlets projected 18 months from the start of the year for which the number of required clean fuel outlets is being determined, he or she shall revise the discount factor so that it is an accurate reflection of that percentage. The determination shall be based on reports filed pursuant to section 2313 and on any other relevant reasonably available information. (C) Reducing the number of required retail clean fuel outlets to reflect certain preexisting outlets . 1. For each year, the executive officer shall determine for each designated clean fuel the number of retail clean fuel outlets that [i] are owned or leased by persons who are not owners/lessors of any retail gasoline outlets, [ii] have a design capacity as set forth in section 2302(b) where applicable, [iii] satisfy the provisions of section 2309(b), and [iv] are operating as of fifteen months before the start of the year for which the determination is being made. 2. For each year, the executive officer shall reduce the total number of required clean fuel outlets required for each designated clean fuel, as determined pursuant to sections 2304(a)(1), (a)(2)(A) and (a)(2)(B) by the number of retail clean fuel outlets determined in accordance with section 2304(a)(2)1.. The executive officer shall notify the owner/lessor of each retail clean fuel outlet included in the determinations made pursuant to this section 2304(a)(2), and no such outlet may be constructively allocated pursuant to section 2308. (D) Notification regarding any adjustments . If the executive officer makes an adjustment pursuant to section 2304(a)(2)(A), (B) or (C) for a given year, he or she shall notify interested parties of the adjustment and the underlying basis for the adjustment, at least fourteen months before the start of the year. The notice shall be provided to trade associations representing gasoline refiners, distributors and retailers, representative environmental groups, and any person who has requested in writing to receive such notices. (E) Requests to revise the executive officer's adjustments . Any interested party may request in writing that the executive officer revise the adjustments, and may submit any relevant information supporting revised determinations. In order to be considered by the executive officer, the written request and supporting information must be received no more than 30 days after issuance of the notice. The executive officer shall consider any requests that are timely submitted, and shall issue his or her final determinations no less than twelve months before the start of the year in question. At the same time, the executive officer shall make any resulting modifications to the determinations and notifications made pursuant to sections 2304(b), 2306 and 2307. (b) Determination of total number of additional clean fuel outlets required each year for each designated clean fuel . For each year, the executive officer shall determine, for each designated clean fuel, the total number of additional retail clean fuel outlets required for the first time to be in place in that year. This figure shall be determined by subtracting the total number of required retail clean fuel outlets determined in accordance with section 2304 (a) for the previous year, from the total number of required clean fuel outlets determined in accordance with 2304(a) for the previous year, from the total number of required clean fuel outlets determined in accordance with 2304(a) for the year for which the calculations are being made. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District, 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2305. Allocation Among Major Gasoline Suppliers of Additional and Total Number of Retail Clean Fuel Outlets in the SCAQMD Required for Each Designated Clean Fuel in Each Year from 1994 Through 1996. s 2306. Identification of Affected Owner/Lessors Required to Equip Additional Retail Clean Fuel Outlets Each Year. For each year, at least fourteen months before the start of the year, the executive officer shall identify for each designated clean fuel the affected retail gasoline outlet owner/lessors who will be required to equip retail gasoline outlets or other retail outlets to dispense that fuel. An affected station owner/lessor is any person who is the owner/lessor of a number of retail gasoline outlets equal to or greater than the minimum ownership level (MOL) for the year, calculated as follows: Minimum Ownership Level (MOL) = Number of Non-Clean Fuel Retail Outlets _____________________________________________________________ Sum of the Numbers of Additional Retail Clean Fuel Outlets for All Designated Clean Fuels Where: Number of Non-Clean Fuel Retail Outlets is calculated by subtracting the sum of the required retail clean fuel outlets determined in accordance with section 2304(a) for all designated clean fuels for the previous year, from the total number of retail gasoline outlets statewide estimated by the executive officer based on the reports submitted pursuant to section 2312 and other reasonably available relevant information. Sum of the Numbers of Additional Retail Clean Fuel Outlets for All Designated Clean Fuels is the sum of the total additional number of clean fuel outlets calculated for the year for each designated clean fuel in accordance with section 2304(b). The executive officer shall round the result of the calculation for minimum ownership level to the nearest integer. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2307. Allocation Among Affected Owner/Lessors of the Total Number of Retail Clean Fuel Outlets. For each year, the executive officer shall, for each designated clean fuel, make the determinations set forth in this section. (a) Allocation among affected owner/lessors of the number of additional retail clean fuel outlets for each year. For each year, the executive officer shall determine the number of additional retail clean fuel outlets that each affected owner/lessor of retail gasoline outlets is required for the first time to have in place in the state. This number shall be calculated, for each designated clean fuel, by multiplying the owner/lessor's number of non-clean fuel retail gasoline outlets (determined in accordance with section 2307(b)) by the clean fuel fraction (determined in accordance with section 2307(c)), rounded to the nearest integer using conventional rounding. If the resulting number is less than zero, the number shall be adjusted to zero. (b) Determination of an owner/lessor's number of non-clean fuel retail gasoline outlets. The executive officer shall determine an owner/lessor's number of non-clean fuel retail gasoline outlets by subtracting the sum of the owner/lessor's total required minimum number of retail clean fuel outlets for all designated clean fuels in the preceding year as determined pursuant to section 2307(d), from the owner/lessor's total number of retail gasoline outlets (based on reports submitted pursuant to section 2312 and other reasonably available relevant information). (c) Determination of clean fuel fraction. For each designated clean fuel, the executive officer shall calculate the clean fuel fraction for each designated clean fuel as follows: Clean Fuel Fraction = Total Number of Retail Clean Fuel Retail Outlets _______________________________________________________________________ Number of Non-Clean Fuel Outlets Owned by All Affected Owner/Lessors Where: Total Additional Number of Retail Clean Fuel Outlets is the total number of additional retail clean fuel outlets required for the year for the particular clean fuel in accordance with section 2304(b). Number of Non-Clean Fuel Outlets Owned by All Affected Owner/Lessors is calculated by subtracting the sum of the required retail outlets determined in accordance with section 2304(a) for all clean fuels from the sum of the number of retail gasoline outlets owned or leased by all of the affected owners and lessors estimated by the executive officer based on the reports submitted pursuant to section 2312 and other reasonably available relevant information. (d) Determination of each owner/lessor's total required minimum number of retail clean fuel outlets for each clean fuel for each year. For each year, each owner/lessor's required minimum number of retail clean fuel outlets for each designated clean fuel in the state shall consist of the number of additional retail clean fuel outlets that the owner/lessor is required for the first time to have in place in the year as determined in accordance with section 2307(a), added to the sum of the numbers of additional retail clean fuel outlets required of the owner/lessor for the first time in each of the previous years as determined in accordance with section 2307(a). The required minimum number of an owner/lessor's retail clean fuel outlets for each designated clean fuel in a year shall not be less than the required minimum number of such outlets for the previous year, except that there shall be no required minimum number outlets for a designated clean fuel in any year for which the number of vehicles estimated by the executive officer pursuant to section 2303(b) is less than 20,000. (e) Notification of owner/lessors. At least fourteen months before the start of each year, the executive officer shall notify each affected owner/lessor in writing of the owner/lessor's required minimum number of clean fuel outlets for each designated clean fuel for the year. The written notification shall include a detailed analysis of how the number was derived. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2308. Constructive Allocation of Retail Clean Fuel Outlets. (a) Any owner/lessor of a retail gasoline outlet, and any person who is the owner/lessor of a retail clean fuel outlet which is not a retail gasoline outlet, may constructively allocate one or more retail clean fuel outlets to the owner/lessor of a retail gasoline outlet, for purposes of demonstrating compliance with the requirements in section 2302, as long as the requirements of this section are met. (b) Any agreement to constructively allocate a retail clean fuel outlet pursuant to this section shall be in writing. The constructive allocation shall be in calendar year increments, and shall not cover less than one calendar year. The agreement shall be executed before the start of the first year of constructive allocation covered by the agreement. (c) A retail clean fuel outlet may not be constructively allocated unless it meets any applicable dispensing capacity requirements set forth in section 2302(b). (d) If the retail clean fuel outlet being constructively allocated is not a retail gasoline outlet, the person making the constructive allocation shall obtain prior approval from the executive officer. The executive officer shall approve the constructive allocation if s/he determines that the facility is adequately accessible for fueling motor vehicles by the general public with the designated clean fuel. (e) Any person who constructively allocates a retail clean fuel outlet for a designated clean fuel shall be deemed to be the owner/lessor of that retail clean fuel outlet and shall be subject to the requirements of sections 2309(b) and (c)(1) during the period covered by the constructive allocation agreement. (f) The owner/lessor of any retail clean fuel outlet which is constructively allocated shall notify the operator in writing that it is claimed to be equipped in order to satisfy the requirements of section 2302, as applicable. (g) Any person who constructively allocates a retail clean fuel outlet to an owner/lessor shall submit a report to the executive officer by January 10 of each year covered by the constructive allocation agreement. The report shall be executed in California under penalty of perjury and shall contain the following information. (1) The name, address and telephone number of the person making the constructive allocation. (2) The street address of each retail clean fuel outlet constructively allocated, the type of designated clean fuel dispensed at the outlet, the business interest in the outlet of the person making the constructive allocation, and the brand, trade, or other name under which the business at the outlet is conducted. (3) For each constructively allocated retail clean fuel outlet, the name and address of the owner/lessor to whom the outlet was constructively allocated, and the starting and ending dates of the constructive allocation. (4) The name of the operator of the retail clean fuel outlet. (h) Any owner/lessor who receives a constructive allocation of a retail clean fuel outlet shall submit a report to the executive officer by January 10 of each year covered by the constructive allocation agreement. The report shall be executed in California under penalty of perjury and shall contain the following information. (1) The name, address and telephone number of the owner/lessor. (2) The street address of each retail clean fuel outlet constructively allocated, the type of designated clean fuel dispensed at the outlet, and the brand, trade, or other name under which the business at the outlet is conducted. (3) For each constructively allocated retail clean fuel outlet, the name and address of the person constructively allocating the outlet, and the starting and ending dates of the constructive allocation. (4) A copy of the executed constructive allocation agreement. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2309. Responsibilities of Owner/Lessors of Selected Retail Clean Fuel Outlets. (a) Locations of required clean fuel outlets. (1) For each designated clean fuel, in determining the locations of required retail clean fuel outlets, an owner/lessor shall provide a reasonable geographical dispersion of the outlets and place the outlets in locations that are reasonably near the existing and anticipated areas of operation of low-emission vehicles that operate on the designated clean fuel, and are convenient to drivers of such vehicles. Any retail clean fuel outlet that was equipped to dispense a designated clean fuel as part of the CEC's California Methanol Fuel Demonstration Program shall be deemed to satisfy these criteria. (2) At least eight months before the start of each year (by April 30 of the previous year), each owner/lessor who has received a notification pursuant to section 2307(e) indicating that s/he will be required to have in place additional retail clean fuel outlets for that year shall submit to the executive officer proposed locations for such outlets and optional locations equal to at least 20 percent off the proposed locations, identified by street address, ZIP code, and Universal Transverse Mercator (UTM) coordinates. The submittal shall include any outlets that are or may be constructively allocated to the owner/lessor pursuant to section 2308. Following submittal, the owner/lessor shall consult with designees of the executive officer, and with the CEC's executive officer or his or her designees, on the optimal locations for new retail clean fuel outlets. (3) The owner/lessor shall notify the executive officer of the final locations of all new retail clean fuel outlets for the year, no later than five months before the start of the year (by July 31). (b) Requirements regarding facilities at selected clean fuel outlets at retail gasoline outlets. Each owner/lessor of a selected retail clean fuel outlet at a retail gasoline outlet shall, with respect to each such outlet: (1) Locate the designated clean fuel dispenser(s) in a location substantially as accessible and visible to a customer entering the station as are the gasoline dispensers, and providing substantially the same convenience of ingress and egress as exists for the gasoline dispensers at the outlet; provided that any dispenser equipped prior to January 1, 1993 to dispense a designated clean fuel as part of the CEC's California Methanol Fuel Demonstration Program shall be deemed to satisfy this criterion. (2) Ensure that the designated clean fuel dispensers are substantially as well-marked and as clearly identified as the gasoline dispensers with regard to the type of fuel. (3) Maintain lighting which keeps the designated clean fuel dispenser area substantially as well-illuminated as the gasoline dispensing area when the outlet operates at night. (4) Ensure that customers using designated clean fuel dispensers will have, within the same service mode (e.g. self serve or full serve), substantially the same access to services and facilities such as canopy coverage, air and water, vending, and restrooms as do customers purchasing gasoline, unless the owner/lessor has, in the preceding 12 months, demonstrated to the satisfaction of the executive officer that providing such a service or facility is prohibited by local ordinance or applicable safety codes. (5) Prominently display directions on use of the clean fuel dispensing equipment. (6) Maintain the designated clean fuel dispensing equipment in good operating condition. (c) Requirements regarding facilities at selected clean fuel outlets at which gasoline is not offered to the public. Each owner/lessor of a selected retail clean fuel outlet at which gasoline is not offered to the public shall, with respect to each such outlet: (1) Locate the designated clean fuel dispenser(s) in a location that is readily accessible from main streets and highways. (2) Ensure that the designated clean fuel dispensers are available for public use during normal business hours without the use of a key or cardkey. (3) Ensure that a customer is able to pay for his or her fuel purchase without establishment of an account with the outlet owner or operator. (4) If the outlet is operated after dark, maintain commercially reasonable lighting levels to provide user safety. (5) Prominently display directions on use of the clean fuel dispensing equipment. (d) Requirements regarding supply of designated clean fuels to selected retail clean fuel outlets. (1) Whenever the operator of a selected retail clean fuel outlet requests that the owner/lessor of the outlet provide for the delivery, within a specified time not less than 72 hours from the request, of specified commercially reasonable quantities of the designated clean fuel to the outlet on commercially reasonable terms, the owner/lessor shall be jointly liable with the operator for any violations at the outlet of section 2310(a)(1) starting with the requested time of delivery and ending with the next delivery of commercially reasonable quantities of the clean fuel to the outlet, unless the owner/lessor does one of the following: [i] supplies the specified quantity of designated clean fuel to the outlet, within the specified time, on commercially reasonable terms, or [ii] identifies a third party willing to supply, within the specified time, the specified quantity of designated clean fuel to the outlet on commercially reasonable terms. However, an owner/lessor's failure to satisfy the conditions set forth in [i] and [ii] shall not result in liability under this section if the owner/lessor demonstrates that s/he was prevented from satisfying the conditions by a natural disaster such as an earthquake or flood, an act of war or an act by a public enemy, a civil disorder or riot, the expropriation or confiscation of facilities or property, or the operation of law. (2) Whenever an owner/lessor is required to submit a notification regarding final outlet locations to the executive officer pursuant to section 2309(a)(3), the notification shall include a description of the means by which the owner/lessor intends to comply with section 2309(c)(1). The description shall include, but need not be limited to, [i] a description of any facility that is or will be owned or leased by the owner/lessor for the production or importation of the designated clean fuel, including the throughput capacity of such facility; [ii] the identities of any third parties with whom the owner/lessor has or plans to have contracts to supply the designated clean fuel, and the minimum volumes of the designated clean fuel subject to such contracts; [iii] if the owner/lessor will not have a designated clean fuel production or import facility, or a contract for supply of the fuel, a description of the manner in which supply of the designated clean fuel will be arranged; [iv] a description, including location and capacity, of any facilities that are or will be owned or leased by the owner/lessor for the loading of the designated clean fuel into tank cars, vessels, or tank trucks; and [v] the identities of any parties with whom the owner/lessor has, or plans to have, contracts for the delivery of the designated clean fuel to the retail clean fuel outlets, and the facilities from which such parties will make such deliveries. (e) Annual reports regarding compliance with section 2302. (1) For each calendar year, each owner/lessor who is required to equip one or more retail gasoline outlets as a retail clean fuel shall submit to the executive officer by January 10 of the year a report containing the information set forth below regarding compliance with section 2302. The information shall be categorized by each designated clean fuel. The reports shall be executed in California under penalty of perjury. (A) The street address of each of the owner/lessor's retail gasoline outlets claimed to be equipped as a retail clean fuel outlet to satisfy the requirements of section 2302. (B) For each such outlet, the type of designated clean fuel dispensed at the outlet, the brand, trade, or other name under which the business at the outlet is conducted, and the name of the operator of the outlet. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2310. Responsibilities of Operators of Selected Retail Clean Fuel Outlets. (a) The operator of a selected retail clean fuel outlet equipped to dispense gasoline shall, whenever gasoline is offered for sale at the outlet, do all of the following with respect to the designated clean fuel(s) that the outlet is equipped to dispense: (1) Store a commercially reasonable quantity of the designated clean fuel at the outlet and offer the fuel for sale to the public, during the same hours that gasoline is offered for sale. However, an operator shall not be liable for failure to comply with this section 2310(a)(1) if the operator demonstrates s/he was unable to comply because of a natural disaster such as an earthquake or flood, and act of war or an act by a public enemy, a civil disorder or riot, the expropriation or confiscation of facilities or property, or the operation of law. (2) Maintain the designated clean fuel dispensing equipment in good operation conditions. (3) Keep the designated clean fuel dispenser area substantially as well-illuminated as the gasoline dispensing area during nighttime operation. (4) Keep the designated clean fuel dispenser area and pad substantially as clean as the gasoline dispenser area and pad. (b) The operator of a selected retail clean fuel outlet not equipped to dispense gasoline to the general public shall do all of the following with respect to the designated clean fuel(s) that the outlet is equipped to dispense: (1) Maintain reasonable access to the clean fuel dispensing equipment. (2) Maintain the designated clean fuel dispensing equipment in good operating condition. (3) Provide a payment option that does not require the purchaser to establish an account with the operator. (c) The operator of any selected retail clean fuel outlet shall do all of the following with respect to the designated clean fuel(s) that the outlet is equipped to dispense: (1) If the designated clean fuel dispensers are at any time in a consumer self-service mode, post at all times in a conspicuous and convenient location directions illustrating the use of the dispensing equipment. (2) Display on the premises a sign which discloses that the clean fuel outlet offers the designated clean fuel for sale, and which is clearly visible from the street or highway adjacent to the outlet, provided that the operator shall not be required to display a sign in a manner inconsistent with applicable local ordinances. (3) Conspicuously post, on the designated clean fuel dispenser, the price of the clean fuel volume that provides the energy provided by a gallon of gasoline. This price shall be calculated for liquid fuels by multiplying the price of a volumetric gallon of the fuel by the values in the table below. In the case of CNG, the price shall be posted as 1.18 multiplied by the price of one therm of compressed natural gas. Fuel Price Multiplier Gasoline 1.00 LPG 1.27 Methanol (M100) 2.08 M85 1.79 Ethanol (E100) 1.54 E85 1.43 Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2311. Relief from Liability Caused by Breakdowns of CNG Dispensing Equipment. (a) An owner/lessor or operator of a selected clean fuel outlet equipped to dispense CNG shall not be liable for violations of sections 2302, 2309(b) or 2310(a) resulting from a minor breakdown if: (1) The owner/lessor or operator reports the breakdown to the executive officer within 4 hours of the time the person knows or reasonably should know of the breakdown, including the time, location, and nature of the breakdown; (2) The equipment is repaired as quickly as possible in the exercise of reasonable diligence, in no case in more than 72 hours; (3) Within 12 hours of repair of the equipment, the owner/lessor or operator reports to the executive officer that the repairs have been completed, and describes the corrective measures, if any, taken to avoid breakdowns in the future; and (4) The owner/lessor or operator is able to demonstrate that the breakdown did not result from inadequate or improper maintenance, operator error, or other reasons within the control of the owner/lessor or operator. (b) An owner/lessor or operator of a selected clean fuel outlet equipped to dispense CNG shall not be liable for violations of sections 2302, 2309(b) or 2310(a) resulting from a major breakdown if the owner/lessor or operator: (1) Reports the breakdown to the executive officer within 4 hours of the time the person knows or reasonably should know of the breakdown, including the time, location, and nature of the breakdown; (2) Within 7 days of the breakdown, submits to the executive officer is writing a report that: (A) Demonstrates to the reasonable satisfaction of the executive officer that the breakdown did not result from inadequate or improper maintenance, operator error, or other reasons within the reasonable control of the owner/lessor or operator; and (B) Identifies a plan reasonably detailing how the CNG dispensing equipment will be repaired or replaced as soon as possible with the exercise of reasonable diligence, including a final completion date no later than six months following the date of the breakdown; and (3) Completes the repair or replacement [i] by the final completion date identified in the submitted plan, or [ii] by such earlier completion date designated by the executive officer, within 14 days of receipt of the plan, as reasonably feasible based on review of the plan. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2311.5. Notification by Executive Officer of Reporting Obligations. For each year starting with 2002, the executive officer shall determine whether there is a substantial possibility that the 20,000 vehicle trigger level in section 2304(a)(1) will for the first time be reached for one or more designated clean fuels. The executive officer shall identify any such designated clean fuel at least 22 months before the start of the year. The executive officer shall then take prompt and reasonable steps to provide notice of the identified fuel and applicable reporting obligations to: (1) all owner/lessors of retail gasoline outlets, (2) all fleet operators, and (3) all persons engaged in the business of distributing the identified fuel for use in motor vehicles. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2312. Reports by Owner/Lessors of Retail Gasoline Outlets. (a) Once the executive officer has identified a designated clean fuel under section 2311.5, by July 31 of the year the identification was made and by July 31 of every year thereafter, each owner/lessor of a retail gasoline outlet shall report to the executive officer the total number of retail gasoline outlets in the state of which the person is the owner/lessor, the street address of the retail gasoline outlet, and the owner/lessor's business interest in the outlet. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2313. Reports by Fleet Operators. Once the executive officer has identified a particular designated clean fuel under section 2311.5, every fleet operator shall, for any year in which the fleet operator reasonably expects to operate fleet vehicles certified on a designated clean fuel, supply the following information to the executive officer, at least eighteen months (by June 30) before the start of the year: (1) The expected number of low-emission vehicles in the fleet to be operated in the year that will be certified on a designated clean fuel, categorized by designated clean fuel. (2) The total volume of each designated clean fuel expected to be used by the vehicles in the year. (3) The total volume of designated clean fuel expected to be supplied to the fleet operator's low-emission vehicles during the year from the fleet operator's own dispensing facilities and from facilities that are not retail clean fuel outlets. (4) The actual vehicle miles traveled for the prior 12 month period and the estimated vehicle miles travelled for the year in question. (5) The extent to which operations using the designated clean fuel would be expanded due to increased availability of the designated clean fuel at retail clean fuel outlets. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2314. Reporting Requirements for Persons Who Distribute Designated Clean Fuels for Use in Motor Vehicles. Starting the with the beginning of the year after the Executive Officer the executive officer identifies a particular designated clean fuel under section 2311.5, each person who in a quarter distributes a designated clean fuel for use in motor vehicles shall, within 45 days after the end of the quarter, submit to the executive officer a report containing the following information for each designated clean fuel: (1) The volume of the designated clean fuel that was produced by the person and that was distributed in the quarter for use in motor vehicles. (2) The volume of the designated clean fuel that was imported by the person and that was distributed in the quarter for use in motor vehicles. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2315. Determination of Violations (a) Violations of section 2302. At any time that an owner/lessor fails to have equipped the number of retail gasoline outlets required by section 2302 to be equipped to be a retail clean fuel outlet for a designated clean fuel, the owner/lessor shall be deemed to have sold or supplied gasoline to motor vehicles in violation of these regulations. For each day that the owner/lessor violates section 2302, the first ten motor vehicles fueled at one of the owner/lessor's retail gasoline outlets shall be deemed to have been unlawfully fueled for each retail gasoline outlet not equipped as required. If an owner/lessor claims to comply with the requirements of section 2302 on the basis of retail clean fuel outlets constructively allocated pursuant to section 2308, such facilities shall not satisfy the owner/lessor's obligations if the requirements in section 2308 for constructive allocation are not met. (b) Violations of section 2309(b). Whenever the owner/lessor of a selected retail clean fuel outlet violates section 2309(b) with respect to the outlet, the gasoline sold or supplied by the owner/lessor in violation of these regulations. For each day that the owner/lessor violates section 2309(b) with respect to a selected retail clean fuel outlet, the first five motor vehicles fueled that day at the outlet with gasoline shall be deemed to have been unlawfully fueled by the owner/lessor. (c) Violations of section 2310. Whenever the operator of a selected retail clean fuel outlet violates section 2310 with respect to the outlet, the gasoline sold or supplied at the outlet shall be deemed to have been sold or supplied by the operator violates section 2310, the first five motor vehicles fueled that day with gasoline at the outlet shall be deemed to have been unlawfully fueled by the operator. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and estern Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43016, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2316. Determinations of Energy Equivalency of Fuels. Whenever implementation of this chapter requires values for the energy contents of fuels, the lower heating values in the following table shall be used. Volumetric Energy Contents Fuel BTUs per gallon ________________________________ Gasoline 116,500 LPG 91,500 Methanol (M100) 56,500 M85 65,000 Ethanol (E100) 75,700 E85 81,800 CNG 1000 BTU/scf Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; andAuthority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2317. Satisfaction of Designated Clean Fuel Requirements with a Substitute Fuel. (a) Any person may petition the state board to designate by regulation a substitute fuel which may be used instead of a primary designated clean fuel to satisfy any requirements in this chapter pertaining to a designated clean fuel. The state board shall designate such a substitute fuel if it is satisfied that the petitioner has demonstrated all of the following: (1) That use of the fuel in low-emission vehicles certified on the primary designated clean fuel will result in emissions of NMOG (on a reactivity-adjusted basis), NOx, and CO no greater than the corresponding emissions from such vehicles fueled with the primary designated clean fuel, as determined pursuant to the procedures set forth in the "California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels," as adopted November 2, 1993, which is incorporated herein by reference. (2) That use of the fuel in low-emission vehicles certified on the primary designated clean fuel will result in potential health risks from exposure to benzene, 1,3-butadiene, formaldehyde, and acetadehyde in the aggregate no greater than the corresponding potential health risks for such vehicles fueled with the primary designated clean fuel, as determined pursuant to the procedures set forth in the "California Test Procedure for Evaluating Substitute Fuels and New Clean Fuels," as adopted November 2, 1993, which is incorporated herein by reference. (3) That if the proposed substitute fuel may be used to fuel any motor vehicle other than low-emission vehicles certified on the primary designated clean fuel: (A) Use of the substitute fuel in such other motor vehicles would not increase emissions of NMOG (on a reactivity-adjusted basis), NOx, and CO as determined pursuant to the procedures set forth in the "California Test Procedure for Evaluating the Emission Impacts of Substitute Fuels or New Clean Fuels," as adopted November 2, 1993, which is incorporated herein by reference; and (B) Use of the substitute fuel in such other motor vehicles would result in potential health risks from exposure to benzene, 1,3-butadiene, formaldehyde, and acetadehyde in the aggregate no greater than the corresponding potential health risk from the emissions from such vehicles when operating on their customary fuel, as determined pursuant to the procedures set forth in the "California Test Procedure for Evaluating the Emission Impacts of Substitute Fuels or New Clean Fuels," as adopted November 2, 1993, which is incorporated herein by reference; and (C) Use of the substitute fuel in such other motor vehicles would not result in increased deterioration of the emission control system on the vehicle and would not void the warranties of any such vehicles. (b) Whenever the state board designates a substitute fuel pursuant to this section, the state board shall also establish by regulation required specifications for the substitute fuel. (c) Commencing with the effective date of a regulatory action of the state board designating a substitute fuel pursuant to this section, any person may satisfy his or her obligations under this chapter pertaining to a primary designated clean fuel, in whole or in part, by substituting the substitute fuel in place of the primary designated clean fuel. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2318. Sunset for Particular Designated Clean Fuels. This Chapter 8, shall cease to apply to a particular designated clean fuel once the number of retail clean fuel outlets offering the designated clean fuel represent at least ten percent of all retail gasoline outlets. Note: Authority cited: Sections 39600, 39601, 39667, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). Reference: Sections 39000, 39001, 39002, 39003, 39500, 39515, 39516, 39667, 43000, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Air Pollution Control District , 14 Cal. 3d 411, 121 Cal. Rptr. 249 (1975). s 2330. Applicability. This subchapter shall be applicable to any air pollution control or air quality management district which adopts or amends a rule or regulation which establishes employer-based trip reduction requirements. s 2331. Definitions. The following definitions shall apply to this subchapter: (a) "AVR Base" is the average vehicle ridership based on the most recent survey of employees at the site or an average value provided by the air district. Employers shall have the option to choose either value. (b) "AVR Goal" is the average vehicle ridership goal for a given year provided by the air district or implementing agency. (c) "Annual Commute Emission Factor" is the annual emission factor, expressed in pounds per year, for a given year and pollutant based on a typical commute vehicle fleet, peak period speed distributions and temperatures, and average commute trip lengths for a given area. s 2332. Emissions Formula. (a) Air pollution control districts and air quality management districts shall use the following emissions formula, or an algebraic expression of the formula which produces the same mathematical results, to determine employer-based emissions reduction goals equivalent to employer-based trip reduction goals: (b) The state board shall provide the districts with district-specific annual commute emission factors to be used in the emissions formula and shall periodically update these factors. The factors shall be in a format that allows for varying trip lengths. (c) Air districts shall give employers with employment sites in more than one air district the option to use the formula as set forth in subdivision (a) of this section to determine emission reduction goals for any or all of their employment sites. Note: Authority cited: Sections 39600, 39601, 40717.5(d) and 40916(c), Health and Safety Code. Reference: Sections 40717, 40717.1, 40717.5, 40916, 40918, 40919, 40920 and 40920.5, Health and Safety Code. s 2400. Applicability. (a)(1) This article applies to small off-road engines produced on or after January 1, 1995 and any equipment produced on or after January 1, 1995 that uses such engines. (2) Every new small off-road engine that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into California for introduction into commerce, and that is subject to any of the standards prescribed in this article must be covered by an Executive Order, issued pursuant to this article. (3) This article does not apply to compression-ignition engines, as defined in Section 2421, below 25 horsepower, produced during the 2000 and later model years or any equipment that uses such engines produced during the 2000 and later model years. (4) This article may apply to zero-emission small off-road equipment. (b) Each part of this article is severable, and in the event that any part of this article is held to be invalid, the remainder of this article remains in full force and effect. (c)(1) For purposes of this article, military tactical vehicles or equipment means vehicles or equipment owned by the U.S. Department of Defense and/or the U.S. military services and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. (2) This article shall not apply to engines used in off-road military tactical vehicles or equipment which have been exempted from regulations under the federal national security exemption, 40 CFR, subpart J, section 90.908. It shall also not apply to those vehicles and equipment covered by the definition of military tactical vehicle that are commercially available and for which a federal certificate of conformity has been issued under 40 CFR Part 90, subpart B. (3) On January 1, 1997, the U.S. Department of Defense shall submit to the ARB a list of all vehicle and equipment types that are exempted under the above provisions and which are located in the State of California. If any additional vehicle and equipment types are added to the list during the previous 12 months, the U.S. Department of Defense shall update the list and submit it to the ARB by January 1 of the following year. NOTE: Information regarding authorization to adopt regulations that are included in this chapter for nonpreempted nonroad vehicles or engines pursuant to section 209(e) of the federal Clean Air Act (42 U.S.C. 7543(e) may be obtained from the Air Resources Board at 9528 Telstar Avenue, El Monte, California 91731. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2401. Definitions. (a) The definitions in Section 1900 (b), Chapter 1, Title 13 of the California Code of Regulations, apply with the following additions: (1) "ARB Enforcement Officer" means any officer or employee of the Air Resources Board so designated in writing by the Executive Officer or by the Executive Officer's designee. (2) "Assembly-line tests" are those tests or inspections that are performed on or at the end of the assembly-line. (3) "Averaging" means the exchange of emission credits among engine families within a given manufacturer's product line. (4) "Banking" means the retention of small off-road engine emission credits by the manufacturer generating the emission credits for use in future model year averaging or trading as permitted by these regulations. (5) "Basic engine" means an engine manufacturer's unique combination of engine displacement, number of cylinders, fuel system, emission control system and other engine and emission control system characteristics specified by the Executive Officer. (6) "Calendar year" is the twelve month period commencing on January 1 through December 31. (7) "Certification emission reduction credits" means the amount of emission reduction or exceedance, by an engine family, below or above the applicable HC+NO x (or NMHC+NO x, as applicable) or Particulate Matter emission standard, respectively. Family emission levels (FEL) below the standard create "positive credits," while FELs above the standard create "negative credits." Some or all of these credits may be revoked if the Executive Officer's review of the end-of-year reports or any subsequent audit action(s) reveals problems or errors of any nature with credit computations. (A) "Projected credits" refer to emission credits based on the projected applicable production/sales volume of the engine family. (B) "Reserved credits" are emission credits generated within a model year available for reporting to the Executive Officer at the end of the model year. (C) "Actual credits" refer to emission credits based on California's share, determined by market analysis, of actual federal production/sales volume as contained in the end-of-year reports submitted to the Executive Officer. (8) "Certification value" means the product of the measured emissions of the prototype engine at zero hours and the (calculated or assigned) deterioration factor. (9) "Blue Sky Series engine" means a small off-road engine meeting the requirements of Section 2403(b)(2)(A). (10) "Complete engine assembly" or "Engine configuration" means an assembly of a basic engine and all of the specific applicable components (e.g., air inlet, fuel and exhaust systems, etc.) and calibrations (e.g., carburetor jet size, valve timing, etc.) required for the assembly to be installed into a new unit of equipment. (11) "Crankcase emissions" means airborne substances emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system. (12) "Deterioration factor" means the calculated or assigned number that represents the certification engine's emissions change over the durability period. It is multiplied by zero hour (new) engine test results to determine the engine family compliance level. The deterioration factor is determined as per Part II, Section 3 of the 1995-2004 Test Procedures and Subpart B, Section 90.104 of the 2005 and Later Test Procedures. See "Emissions Durability Period," below. (13) "Emission control system" includes any component, group of components, or engine modification that controls or causes the reduction of substances emitted from an engine. (14) "Emissions durability period" is the period that represents an engine's useful life. The emissions durability period is selected from the choices listed in Part II, Section 1 of the 1995-2004 Test Procedures and Subpart B, Section 90.104 of the 2005 and Later Test Procedures. The durability periods are also noted in the table in section 2403(b). The emissions durability period is used to determine an engine family's deterioration factors and in the calculation of certification and production emission reduction credits. (15) "Emissions durability values" means emissions from an engine that has accumulated service equivalent to that engine's emissions durability period, or the result of the product of the zero hour (new) engine test results and the appropriate deterioration factor (e.g., the certification values). The Executive Officer must approve the methods of service accumulation before the manufacturer begins service accumulation. (16) "Emission-related defect" means a defect in design, materials, or workmanship in a device, system, or assembly described in the approved application for certification which affects any applicable parameter, specification, or component enumerated in Appendix A to Article 2.1, Chapter 2, Division 3, Title 13, California Code of Regulations or listed in the Emission Warranty Parts List pursuant to section 2405(d). (17) "End of assembly-line" is defined as that place where the final inspection test or production line test is performed. (18) "Engine family" is a subclass of a basic engine based on similar emission characteristics. The engine family is the grouping of engines that is used for the purposes of certification. (19) "Engine family name" means a multi-character alphanumeric sequence that represents certain specific and general information about an engine family. (20) "Engine manufacturer" means the manufacturer granted certification. (21) "Exhaust emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine. (22) "Extreme nonattainment area" means any area classified as an extreme ozone nonattainment area by the U.S. Environmental Protection Agency pursuant to Section 181(a) of the Clean Air Act, as amended, including Orange County and the portions of Los Angeles, San Bernardino and Riverside Counties described as extreme ozone nonattainment areas in Title 40, section 81.305 of the Code of Federal Regulations. (23) "Family emission level" or "FEL" means an emission level that is declared by the manufacturer to serve for the averaging, banking, and trading program and in lieu of an emission standard for certification. The FEL serves as the engine family's emission standard for emissions compliance efforts. If the manufacturer does not declare an FEL for an engine family, the applicable emissions standard must be treated as that engine family's FEL for the purposes of any provision of this Article. (24) "Final calendar quarter production" is defined as the calendar quarter in which the production of an engine family ends. (25) "First calendar quarter production" is defined as the calendar quarter in which the production of an engine family begins. (26) "Fuel system" means the combination of any of the following components: fuel tank, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, or all fuel system vents. (27) "Gross engine malfunction" is defined as one yielding an emission value greater than the sum of the mean plus three (3) times the standard deviation. This definition shall apply only for determination of control limits. (28) "Horizontal-shaft engine" means any engine that is designed to operate with the axis of the crankshaft in a horizontal position. (29) "Incomplete engine assembly" means a basic engine assembly that does not include all of the components necessary for designation as a complete engine assembly, and is marketed in order to be a part of, and assembled into, a new unit of equipment that is marketed to ultimate purchasers. (30) "Model year" means the manufacturer's annual production period that includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. (31) "Off-road vehicle" or "Off-road equipment" means any non-stationary device, powered by an internal combustion engine or motor, used primarily off the highways to propel, move, or draw persons or property including any device propelled, moved, or drawn exclusively by human power, and used in, but not limited to, any of the following applications: Marine Vessels, Construction/Farm Equipment, Locomotives, Small Off-Road Engines, Off-Road Motorcycles, and Off-Highway Recreational Vehicles. (32) "Point of first retail sale" means the point that the engine is first sold directly to the ultimate purchaser. Generally, this point is the retail engine or equipment dealer. If the engine is sold first to an equipment manufacturer for installation in a piece of equipment, the equipment manufacturer is the point of first retail sale if the equipment manufacturer cannot demonstrate to a reasonable certainty that the engine will be exported or destined for retail sale outside California. (33) "Production emission reduction credits" means the amount of emission reduction or exceedance by an engine family below or above, respectively, the applicable FEL to which the engine family is certified. Emission reductions below the standard are considered "positive credits," while emission exceedances above the standard are considered "negative or required credits." (See Section 2409.) (34) "Production line test" is defined as the emissions test performed on a sample of production engines produced for sale in California and conducted according to the Emissions Standards and Test Procedures specified in Section 2403(b) and (d). (35) "Sales" or "Eligible sales" means the actual or calculated sales of an engine family in California for the purposes of averaging, banking or trading. Upon Executive Officer approval, an engine manufacturer may calculate its eligible sales through market analysis of actual federal production or sales volume. Actual sales are sales calculated at the end of a model year based on that model year's production, rather than on estimates of production. (36) "Scheduled maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the engine manufacturer that is performed on a periodic basis to prevent part failure or equipment or engine malfunction, or anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate. (37) "Small off-road engine" means any engine that produces a gross horsepower less than 25 horsepower (at or below 19 kilowatts for 2005 and later model year), or is designed (e.g., through fuel feed, valve timing, etc.) to produce less than 25 horsepower (at or below 19 kilowatts for 2005 and later model year), that is not used to propel a licensed on-road motor vehicle, an off-road motorcycle, an all-terrain vehicle, a marine vessel, a snowmobile, a model airplane, a model car, or a model boat. If an engine family has models below 25 horsepower (at or below 19 kilowatts) and models at or above 25 horsepower (above 19 kilowatts), only the models under 25 horsepower (at or below 19 kilowatts) would be considered small off-road engines. Uses for small off-road engines include, but are not limited to, applications such as lawn mowers, weed trimmers, chain saws, golf carts, specialty vehicles, generators and pumps. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category. Any compression-ignition engine, as defined in Section 2421, produced during the 2000 and later model years shall not be defined as a small off-road engine. (38) "Small off-road equipment" means any off-road equipment powered by a small off-road engine, or comparable electric motor or other power source. (39) "Third-party distributor" is a party that is not an engine or equipment manufacturer, and that engages in wholesale or retail sales of complete or incomplete small off-road engine assemblies. (40) "Trading" means the exchange of small off-road engine emission credits between manufacturers. (41) "Ultimate purchaser" means the first person who in good faith purchases a new small off-road engine or equipment using such an engine for purposes other than resale. (42) "Unscheduled maintenance" means any inspection, adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems that is performed to correct or diagnose a part failure that was not anticipated. (43) "Vertical-shaft engine" means any engine that is designed to operate with the axis of the crankshaft in a vertical position. (44) "Warrantable condition" means any condition of an engine that requires the manufacturer to take corrective action pursuant to Section 2405. (45) "Warranted part" means any emissions-related part installed on an engine by the equipment or engine manufacturer, or installed in a warranty repair, that is listed on the warranty parts list. (46) "Warranty period" means the period of time that the engine or part is covered by the warranty provisions. (47) "Warranty station" means a service facility authorized by the equipment or engine manufacturer to perform warranty repairs. This includes all manufacturer distribution centers that are franchised to service the subject equipment or engines. (48) "Zero-emission small off-road equipment" means any small off-road equipment that produces zero emissions of any criteria pollutant (or precursor pollutant) under any and all possible operational modes and conditions. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 45205.5 and 43210-43212, Health and Safety Code. s 2402. Test Procedures. Test procedures referred to in this chapter may be obtained from the California Air Resources Board at 9528 Telstar Avenue, El Monte, California 91731. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2403. Exhaust Emission Standards and Test Procedures -Small Off-Road Engines. (a) This section applies to small off-road engines produced on or after January 1, 1995. (b)(1) Exhaust emissions from small off-road engines manufactured for sale, sold, or offered for sale in California, or that are introduced, delivered or imported into California for introduction into commerce, must not exceed: Exhaust Emission Standards grams per brake horsepower-hour [grams per kilowatt- hour] Hydrocarbon plus Calendar Engine Oxides of Carbon Oxides of Year Class Nitrogen Hydrocarbon Monoxide Nitrogen Particulate [FN(1)] [FN(2)] [FN(2)] 1995 I 12.0 - 300 - 0.9 [FN(3)] II 10.0 - 300 - 0.9 [FN(3)] III - 220 600 4.0 - [FN(4)] IV - 180 600 4.0 - [FN(4)] V [FN(4)] - 120 300 4.0 - 1996 to I 12.0 [FN(5)] - 350 - 0.9 [FN(3)] 1999 II 10.0 [FN(5)] - 350 - 0.9 [FN(3)] III - 220 [FN(5)] 600 4.0 [FN- - [FN(4)] (5)] IV - 180 [FN(5)] 600 4.0 [FN- - [FN(4)] (5)] V [FN(4)] - 120 [FN(5)] 300 4.0 [FN- - (5)] Exhaust Emission Standards for Spark-Ignition Engines grams per brake horsepower-hour [grams per kilowatt-hour] Hydrocarbon Durability plus Oxides Carbon of Model Year Engine Class Periods Nitrogen Monoxide Particulate (hours) [FN(2)] 2000-2001 50/125/300 54 400 1.5 [FN(4)] [FN(5)] 0-65 cc, inclusive [72] [536] [2.0] N/A 12.0 350 >65 cc - <225 cc [16.1] [467] N/A 10.0 350 >225 cc [13.4] [467] 2002-2004 50/125/300 54 400 1.5 [FN(4)] [FN(5)] 0-65 cc, inclusive [72] [536] [2.0] >65 cc - <225 cc 125/250/500 12.0 410 Horizontal-Shaft [16.1] [549] Engine >65 cc - <225 cc NA 12.0 350 Vertical-Shaft [16.1] [467] Engine 125/250/500 9.0 410 >225 cc [12.0] [549] Exhaust Emission Standards for Spark-Ignition Engines grams per kilowatt-hour Durability Hydrocarbon Carbon Periods plus Oxides Model Year Displacement (hours) of Nitrogen Monoxide Particulate Category [FN(2)(6)] 2005 and <50cc 50/125/300 50 536 2.0 [FN(4)] subsequent 50-80 cc, 50/125/300 72 536 2.0 [FN(4)] inclusive 2005 >80 cc - <225cc 125/250/500 16.1 549 Horizontal-shaft Engine >80 cc - <225cc NA 16.1 467 Vertical-shaft Engine >225 cc 125/250/500 12.1 549 2006 >80 cc -<225 cc 125/250/500 16.1 549 >225 cc 125/250/500 12.1 549 2007 >80 cc - <225 cc 125/250/500 10.0 549 >225 cc 125/250/500 12.1 549 2008 and >80 cc - <225cc 125/250/500 10.0 549 subsequent >225 cc 125/250/500- 8.0 549 /1000 ___________ [FN1] "Class I" means small off-road engines greater than 65 cc to less than 225 cc in displacement. "Class II" means small off-road engines greater than or equal to 225 cc in displacement. "Class III" means small off-road engines less than 20 cc in displacement. "Class IV" means small off-road engines 20 cc to less than 50 cc in displacement. "Class V" means small off-road engines greater than or equal to 50 cc to 65 cc in displacement. [FN2] The Executive Officer may allow gaseous-fueled (i.e., propane, natural gas) engine families, that satisfy the requirements of the regulations, to certify to either the hydrocarbon plus oxides of nitrogen or hydrocarbon emission standard, as applicable, on the basis of the non-methane hydrocarbon (NMHC) portion of the total hydrocarbon emissions. [FN3] Applicable to all diesel-cycle engines. [FN4] Applicable to all two-stroke engines. [FN5] Engines used exclusively in snowthrowers and ice augers need not certify to or comply with the HC and NOxstandards or the crankcase requirements at the option of the manufacturer. [FN6] Engines used exclusively to power products which are used exclusively in wintertime, such as snowthrowers and ice augers, at the option of the engine manufacturer, need not certify to or comply with standards regulating emissions of HC+NOxor NMHC+NOx, as applicable. If the manufacturer exercises the option to certify to standards regulating such emissions, such engines must meet such standards. If the engine is to be used in any equipment or vehicle other than an exclusively wintertime product such as a snowthrower or ice auger, it must be certified to the applicable standard regulating emissions of HC+NOxor NMHC+NOxas applicable. (2) Low-emitting Blue Sky Series engine requirements. Voluntary standards. Engines may be designated "Blue Sky Series" engines by meeting: (A) All applicable requirements of this Article, and (B) The following voluntary exhaust emission standards, which apply to all certification and compliance testing. Blue Sky Series engines shall not be included in the averaging, banking, and trading program. Zero-emission small off-road equipment may certify to the Blue Sky Series emission standards. Manufacturers of zero-emission small off-road equipment are not required to perform emissions testing, but must file an application of certification and comply with the administrative requirements outlined in the 2005 and Later Test Procedures to certify their equipment for sale in California. Voluntary Emission Standards (grams per kilowatt-hour) Hydrocarbon plus Model Year Displacement Oxides of Carbon Particulate* Category Nitrogen Monoxide 2005 and subsequent <50 cc 25 536 2.0 50-80 cc, 36 536 2.0 inclusive 2007 and subsequent >80 cc - <225 cc 5.0 549 2008 and subsequent >225 cc 4.0 549 _____________ * Applicable to all two-stroke engines (3) Evaporative emission requirements for small off-road engines are specified in Title 13, Chapter 15, Article 1. (c)(1) For the 2000 through 2006 model years, manufacturers of small spark-ignited off-road engines between 65 and 225 cc displacement that are manufactured for sale, offered for sale, or sold in any extreme non-attainment area, or introduced, delivered or imported into any such extreme non-attainment area for sale to an ultimate purchaser in an extreme non-attainment area, and that are produced by manufacturers who produce more than 40,000 engines per year between 65 and 225 cc for sale in such areas (based on data for engines produced for sale in such areas in model year 1998), must meet the additional requirements of this subsection and achieve the additional emission reductions in subparagraph (3). (2) No later than May 1, 1999, each manufacturer subject to this subsection shall submit a plan to achieve additional emission reductions. The plan shall include the following: (A) An identification of the specific measures from subparagraph (4) that the manufacturer intends to implement in the extreme nonattainment areas, including but not limited to identification of engine families that in model years 2000 and 2001 will meet the exhaust emissions reduction requirements of subsection (b) for 2002 and subsequent model years prior to required implementation, and the projected sales volumes of such engine families in the extreme nonattainment areas; (B) Data documenting the emissions performance of engines included in the plan when operated on fuels meeting the requirements of Chapter 5, Article 1, subarticle 2 of this Title applicable in the extreme nonattainment areas; and (C) A description of the provisions made by the manufacturer to assure that all engines offered for sale or sold in the extreme nonattainment areas (or introduced, delivered or imported into the extreme nonattainment areas for sale to an ultimate purchaser in that area) will meet the requirements of the plan, including but not limited to a description of the methods to be used to determine actual sales of engines in the extreme nonattainment areas; provided, that in the case of manufacturers that maintain data on actual or projected Statewide engine sales, the Executive Officer may approve provisions that demonstrate compliance with the plan on a Statewide basis. (3) The plans submitted under this subsection shall in the aggregate provide for emissions reductions and controls by or from the group of engines produced by the submitting manufacturers that are equal to or greater than the difference between: 1) reductions that would have been achieved in the extreme nonattainment areas in calendar years 2000, 2001, 2005 and 2010 by all manufacturers of engines greater than 65 cc displacement that would have met the emissions reduction requirements proposed in the staff report contained in Mail-Out MSC-98-02 released February 6, 1998; and 2) those same engines meeting the requirements of subsection (b). The Executive Officer shall determine whether a plan meets this requirement based on the estimated model year 1998 sales in the extreme nonattainment areas available at time of plan submission by manufacturers covered by this subsection, and using a proportional allocation between such manufacturers based upon such estimated sales. (4) The manufacturer's plan shall achieve additional emission reductions or controls through one or more of the following measures: (A) The certification and introduction of engines greater than 65 cc meeting the standards in subsection (b) before the applicable model year; (B) The voluntary certification of engines not subject to emission reductions requirements of the ARB due to preemption under section 222 of U.S. Public Law No. 101-549. A manufacturer choosing voluntarily to certify an engine shall also certify that it will honor all compliance and warranty requirements set forth in the provisions of this Title for that engine; (C) The certification of engines to Family Emission Levels below the standards in subsection (b), or of engines that otherwise generate emissions credits under section 2408 of this Article and that are not used for any other purpose; (D) The certification of engines to useful life periods longer than the maximum requirements set forth in subsection (b); (E) The introduction of engines that achieve in-use reductions in engine evaporative emissions demonstrated by procedures acceptable to the Executive Officer; (F) The use of emission credits generated by the manufacturer pursuant to section 2409 of this Article and that are not used for any other purpose; and (G) Other measures approved in advance by the Executive Officer. (5) The plan shall also demonstrate that at least 60 percent of engines greater than 65 cc sold in extreme nonattainment areas comply in model years 2000 and 2001 with the standards in subsection (b) applicable to the 2006 model year. The percentage shall be calculated based on the total projected sales by all manufacturers of engines greater than 65 cc in the extreme nonattainment areas in those model years, and shall be proportionally allocated between the manufacturers subject to this subsection. (6) The provisions of this subsection are not applicable to engines offered for sale or sold outside an extreme nonattainment area, or introduced, delivered or imported into an extreme nonattainment area for sale to an ultimate purchaser outside an extreme nonattainment area. (7) The Executive Officer shall determine if a plan timely submitted under this subsection meets the requirements of this subsection no later than June 1, 1999. The Executive Officer shall not issue any executive orders for individual engine families subject to the plan until the plan is approved. The manufacturer shall submit annual reports to the Executive Officer demonstrating compliance with the plan approved by the Executive Office and may, at its discretion, propose revisions to its plan on an annual basis. If, on the basis of information contained in a manufacturer's annual report or any other information, the Executive Officer finds that the manufacturer is not in compliance with an approved plan, the Executive Officer may direct the manufacturer to submit a revised plan;provided, that no such revision shall be required solely as a result of gain or loss in market share in the extreme nonattainment areas during the period while this subsection remains in effect. The Executive Officer shall act upon any proposed revision of a plan within 30 days of receipt. Pending approval of a revised plan, the Executive Officer shall not issue any Executive Orders for individual engine families subject to the revised plan. These actions of the Executive Officer are in addition to any remedies available under this Article or Part 5 of Division 26 of the Health & Safety Code. (d) The test procedures for determining compliance with the standards for exhaust emissions from new small off-road engines are set forth in "California Exhaust Emission Standards and Test Procedures for 1995-2004 Small Off-Road Engines," adopted March 20, 1992, and last amended July 26, 2004 or "California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines," adopted July 26, 2004, as applicable, which is incorporated herein by reference. (e) Averaging. For new 2000 and subsequent model year small off-road engines, a manufacturer may comply with the standards established in paragraph (b), above, by choosing either to certify an engine family to the standards or to use the corporate average described below. (1) For each model year, the corporate average value for a pollutant is defined by the following equation: where n = the number of small off-road engine families. FEL = the Family emission level for an engine family. Sales j= eligible sales of engine family j. Power j= sales-weighted maximum modal power, in horsepower or kilowatt as applicable, of engine familyj, or an alternative approved by the Executive Officer. EDP j= Emissions durability period of engine family j. AVG = For a given pollutant (HC+NO x, CO, or Particulate Matter), a manufacturer's corporate average of the exhaust emissions from those California small off-road engines subject to the California corporate average pollutant exhaust emission standard, as established by an Executive Order certifying the California production for the model year. Engines certified to voluntary standards of 2403(b)(2) are not eligible for corporate averaging. Credits expended = HC+NO x or Particulate Matter credits, as defined in Sections 2408 and 2409, that are expended by the manufacturer to adjust the corporate average. This term has no meaning for any pollutants other than HC+NO x and Particulate Matter. Load Factor = For Test Cycle A and Test Cycle B, the Load Factor = 47% (i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i.e., 0.85). For approved alternate test procedures, the load factor must be calculated according to the Load Factor formula found in paragraph (f)(1) of section 2408. (2) The manufacturer's average pollutant exhaust emissions must meet the corporate average standard at the end of the manufacturer's production for the model year. At the end of the model year, the manufacturer must calculate a corrected corporate average using actual rather than projected sales. Any discrepancy must be made up with emission reduction credits as explained in paragraph (3). (3) All excess HC+NO x or Particulate Matter emissions resulting from final non-compliance with the California standard must be made up with emission reduction credits or through incorporation in the following model year's corporate average. (A) Emission reduction credits expended within the next model year to remedy final non-compliance will be used at a rate of 1 gram to 1 gram. (B) Emission reduction credits expended after the end of the next model year to remedy final non-compliance must be used at a rate of 1.5 grams to 1 gram. (f) In 1995 and subsequent years, fire and police departments, and other entities that specialize in emergency response may purchase emergency equipment powered by a non-California certified engine only when such equipment with a California-certified engine is not available. For purposes of this section, a request to purchase emergency equipment powered by a non-California certified engine must be submitted for approval to the Executive Officer. (g)(1) No new engines below 225 cc may be produced for sale to replace pre-1995 model equipment after January 1, 1999, unless such new engines comply with the 1995 model emission standards. (2)(A) A new small off-road engine equal to or greater than 225 cc, intended solely to replace an engine in a piece of off-road equipment that was originally produced with an engine manufactured prior to the applicable implementation date as described in paragraph (b), shall not be subject to the emissions requirements of paragraph (b) provided that: 1. The engine manufacturer has ascertained that no engine produced by itself or the manufacturer of the engine that is being replaced, if different, and certified to the requirements of this article, is available with the appropriate physical or performance characteristics to repower the equipment; and 2. Unless an alternative control mechanism is approved in advance by the Executive Officer, the engine manufacturer or its agent takes ownership and possession of the engine being replaced; and 3. The replacement engine is clearly labeled with the following language, or similar alternate language approved in advance by the Executive Officer: THIS ENGINE DOES NOT COMPLY WITH CALIFORNIA OFF-ROAD OR ON-HIGHWAY EMISSION REQUIREMENTS. SALE OR INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER THAN AS A REPLACEMENT ENGINE IN AN OFF-ROAD VEHICLE OR PIECE OF OFF-ROAD EQUIPMENT WHOSE ORIGINAL ENGINE WAS NOT CERTIFIED IS A VIOLATION OF CALIFORNIA LAW SUBJECT TO CIVIL PENALTY. (B) At the beginning of each model year, the manufacturer of replacement engines must provide, by engine model, an estimate of the number of replacement engines it expects to produce for California for that model year. (C) At the conclusion of the model year, the manufacturer must provide, by engine model, the actual number of replacement engines produced for California during the model year, and a description of the physical or performance characteristics of those models that indicate that certified replacement engine(s) were not available as per paragraph (A). (h) Any new equipment engine certified to comply with California emission standards and test procedures for on-road or other off-road applications may, upon approval by the Executive Officer, be in compliance with these regulations. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2404. Emission Control Labels and Consumer Information - 1995 and Later Small Off-Road Engines. (a) Purpose. The Air Resources Board recognizes that certain emissions-critical or emissions-related parts must be properly identified and maintained in order for engines to meet the applicable emission standards. In addition, the Board recognizes that information regarding engines' emissions levels may influence consumer choice. These specifications require engine or equipment manufacturers to affix a label (or labels) on each production engine (or equipment, as applicable) to provide the engine or equipment owner and service mechanic with information necessary for the proper maintenance of these parts in customer use. These specifications further require engine or equipment manufacturers to to make information regarding relative emissions levels available to potential ultimate purchasers. (b) Applicability. These specifications apply to (1) 1995 and later small off-road engines, that have been certified to the applicable emission standards pursuant to Health and Safety Code Section 43013. (2) Engine manufacturers and original equipment manufacturers, as applicable, that have certified such engines; and (3) Original equipment manufacturers, regardless of whether they have certified the engine, if their equipment obscures the emissions control label of such certified engines. (c) Engine Label Content and Location. (1) A plastic or metal tune-up label must be welded, riveted or otherwise permanently attached by the engine manufacturer to an area on the engine (i.e., block or crankcase) in such a way that it will be readily visible to the average person after installation of the engine in the equipment. If such an attachment is not feasible, the Executive Officer may allow the label to be attached on components of the engine or equipment assembly (as applicable) that satisfy the requirements of Subsection (c)(2). Such labels must be attached on all engine assemblies (incomplete and complete) that are produced by an engine manufacturer. (2) In selecting an acceptable location, the engine manufacturer must consider the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). Each engine label(s) must be affixed in such a manner that it cannot be removed without destroying or defacing the label, and must not be affixed to any engine (or equipment, as applicable) part that is likely to be replaced during the engine's (or equipment's, as applicable) useful life. The engine label must not be affixed to any engine (or equipment, as applicable) component that is easily detached from the engine. If the manufacturer claims there is inadequate space to affix the label, the Executive Officer will determine a suitable location. (3) The engine label information must be written in the English language and use block letters and numerals (i.e., sans serif, upper-case characters) that must be of a color that contrasts with the background of the label. (4) The engine label must contain the following information: (A) The label heading must read: "Important Engine Informationor "IMPORTANT EMISSION INFORMATION." (B) The full corporate name or trademark of the engine manufacturer. 1. An engine manufacturer may request the Executive Officer's approval to delete its name and trademark, and substitute the name and trademark of another engine manufacturer, original equipment manufacturer, or third-party distributor. 2. Such an approval does not relieve the engine manufacturer granted an engine family Executive Order of any requirements imposed on the applicable engines by this Article. (C) For alternate-fuel or dual-fuel engines, "This engine is certified to operate on(specify operating fuel(s))." (D) Identification of the Exhaust Emission Control System. The method utilized to identify the exhaust emission control systems must conform to the emission-related nomenclature and abbreviations method provided in the Society of Automotive Engineers' recommended practice J1930, "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations and Acronyms -Equivalent to ISO/TR 15031-2: April 30, 2002", April 2002; and as specified in Section 1977, Title 13, California Code of Regulations. (E) For otto-cycle engines, the maintenance specifications and adjustments recommended by the engine manufacturer, including, as applicable: valve lash, ignition timing, idle air/fuel mixture setting procedure and value (e.g., idle CO, idle speed drop), and high idle speed. For diesel-cycle engines, the specifications and adjustments recommended by the engine manufacturer, including, as applicable: initial injection timing, and fuel rate (in mm [FN3] /stroke) at rated power. These specifications must indicate the proper transmission position, (if applicable), during tune-up and what accessories, if any, should be in operation, and what systems, if any (e.g., vacuum advance, air pump), should be disconnected during the tune-up. If the engine manufacturer does not recommend adjustment of the foregoing specifications, the engine manufacturer may include in lieu of the "specifications" the single statement "No other adjustments needed." For all engines, the instructions for tune-up adjustments must be sufficiently clear on the engine label to preclude the need for a mechanic or equipment owner to refer to another document in order to correctly perform the adjustments. (F) Any specific fuel or engine lubricant requirements (e.g., lead content, research octane number, engine lubricant type). (G) The date of engine manufacture (month and year). (H) An unconditional statement of compliance with the appropriate calendar year (for 1995-1999) or model year(s) (for 2000 and later) California regulations; for example, "This engine meets 2005 California EXH EMISSION regulations for SMALL OFF-ROAD engines." For engines certified to emission standards subject to a durability period as set forth in s2403(b), the durability period must be stated in the owner's manual. (I) Engine displacement (in cubic centimeters) of the engine upon which the engine label is attached. (J) The engine family identification (i.e., engine family name). (5) If there is insufficient space on the engine to accommodate an engine label that contains all of the information required in Subsection (4) above, the Executive Officer may allow the engine manufacturer to modify the engine label as follows: (A) Exclude the information required in Subsections (4)(C), (D), (E), (F), and (I) from the engine label. The fuel or lubricant information must be specified elsewhere on the engine, or in the owner's manual. (B) Substitute the information required in Subsection (4)(E) with the statement: "Refer to owner's manual for maintenance specifications and adjustments." When such a statement is used, the information required by Subsection (4)(E) must appear in the owner's manual. (C) Exclude the information required by Subsection (4)(G) on the engine label if the date the engine was manufactured is stamped permanently on the engine, and this stamped date is readily visible. (D) Make such other reasonable modifications or abbreviations as may be approved by the Executive Officer. (d) An engine label may state that the engine conforms to any applicable federal, Canadian, or European emission standards for new equipment engines; or any other information that the engine manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the engine. (e) Supplemental Engine Label Content and Location. (1) When a final equipment assembly that is marketed to any ultimate purchaser is manufactured and the engine label attached by the engine manufacturer is obscured (i.e., not readily visible), the manufacturer of the final equipment assembly (i.e., original equipment manufacturer) must attach a supplemental engine label upon the engine or equipment. The supplemental engine label must be plastic or metal, must meet the visibility, durability and formatting requirements of paragraphs (f), (g) and (h), and must be welded, riveted or otherwise attached permanently to an area of the engine or equipment assembly so as to be readily visible to the average person. (2) The original equipment manufacturer required to attach a supplemental engine label must consider the possibility of accidental damage to the supplemental engine label in the determination of the label location. Such a label must not be attached to any engine or equipment component that is likely to be replaced during the useful life of the engine or equipment (as applicable). Such a label must not be attached to any engine or equipment component that is detached easily from the engine or equipment (as applicable). (3) The supplemental engine label information must be written in the English language and use block letters and numerals (i.e., sans serif, upper-case characters) that must be of a color that contrasts with the background of the label. (4) A supplemental engine label must contain the information as specified in Subsection (c)(4) (and (l), as applicable), except that the date of engine manufacture specified in (c)(4)(G) may be deleted from the supplemental engine label. When the date of engine manufacture does not appear on the supplemental engine label, the responsible original equipment manufacturer must display (e.g., label, stamp, etc.) the date elsewhere on the engine or equipment so as to be readily visible. (f) As used in these specifications, readily visible to the average person means that a label is readable from a distance of 46 centimeters (18 inches) without any obstructions from equipment or engine parts (including all engine manufacturer or original equipment manufacturer (as applicable) available optional equipment) except for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out of the way without disconnection. Alternatively, information required by these specifications to be printed on the engine and supplemental engine (as applicable) must be no smaller than 2 millimeters in height provided that no equipment or engine parts (including all manufacturer available optional equipment), except for flexible parts, obstruct the label(s). (g) The labels and any adhesives used must be designed to withstand, for the engine's or equipment's useful life, typical equipment environmental conditions in the area where the labels required by this section are attached. Typical equipment environmental conditions include, but are not limited to, exposure to engine fuels, lubricants and coolants (e.g., gasoline, motor oil, water, ethylene glycol). The engine manufacturer must submit, with its certification application, a statement attesting that its labels comply with these requirements. (h) The engine manufacturer must obtain approval from the Executive Officer for all label formats and locations in conjunction with the engine family certification. Approval of the specific maintenance settings is not required; however, the format for all such settings and tolerances, if any, is subject to review. If the Executive Officer finds that the information on the label is vague or subject to misinterpretation, or that the location does not comply with these specifications, the Executive Officer may require that the label or its location be modified accordingly. (i) Samples of all actual production labels used within an engine family must be submitted to the Executive Officer within thirty days after the start of production. Engine manufacturers must provide samples of their own applicable production labels, and samples of applicable production original equipment manufacturer labels that are accessible to the engine manufacturers due to the direct market arrangement between such manufacturers. (j) The Executive Officer may approve alternate label locations or may, upon request, waive or modify the label content requirements provided that the intent of these specifications is met. (k)(1) If the Executive Officer finds any engine manufacturer using labels that are different from those approved or that do not substantially comply with the readability or durability requirements set forth in these specifications, the engine manufacturer will be subject to revocation or suspension of Executive Orders for the applicable engine families, or enjoined from any further sales or distribution, of such noncompliant engine families, or subgroups within the engine families, in the State of California pursuant to Section 43017 of the Health and Safety Code. Before seeking to enjoin an engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer. (2) If the Executive Officer finds any original equipment manufacturer using labels for which it has responsibility for attaching that are different from those approved or that do not substantially comply with the readability or durability requirements set forth in these specifications, the equipment manufacturer will be subject to being enjoined from any further sales, or distribution, of the applicable equipment product line that uses such noncompliant labels in the State of California pursuant to Section 43017 of the Health and Safety Code. Before seeking to enjoin an equipment manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer. (l) Air Index Label Content and Location. For engines certified to emission standards subject to a durability period as set forth in s2403(b) and for engines used to meet the requirements of s2403(c),each engine manufacturer must make Air Index and durability period information available to potential ultimate purchasers. (1) The Air Index for each engine family is determined by the following formula: Air Index = FEL x 3, Standard rounded to the nearest whole number in accordance with ASTM E 29-93a (May 1993), where FEL= the Family Emission Limit (or standard, if averaging is not being used) for the engine; and Standard = The HC+NO x emissions standard, as applicable in s 2403 (b). (2) The emissions durability period must be indicated by the actual hours, by the descriptive terms shown in the table below, or by both. For 2000 through 2004 model year small off-road engines: Descriptive term Applicable to Emissions Durability Period Moderate 50 hours (0-65 cc, inclusive) 125 hours (greater than 65 cc) Intermediate 125 hours (0-65 cc, inclusive) 250 hours (greater than 65 cc) Extended 300 hours (0-65 cc, inclusive) 500 hours (greater than 65 cc) For 2005and subsequent model year small off-road engines: Descriptive term Applicable to Emissions Durability Period Moderate 50 hours (0-80 cc, inclusive) 125 hours (greater than 80 cc) Intermediate 125 hours (0-80 cc, inclusive) 250 hours (greater than 80 cc) Extended 300 hours (0-80 cc, inclusive) 500 hours (greater than 80 cc) 1000 hours (225 cc and greater) (3) The Air Index information must include a graphical representation of the Air Index, information regarding the significance of the Air Index, and an indication of the emissions durability period of the engine. (A) The Air Index information should be conveyed in the general the form of the following example. Note: The lower the Air Index, the less pollution. This engine is certified to be emissions compliant for the following use: Moderate [or appropriate hours, or both] X Intermediate [or appropriate hours, or both] Extended [or appropriate hours, or both] Check the owner's manual for further details. (B) The Executive Officer, upon request, may waive or modify the form of the Air Index information or may approve alternative forms, provided that the intent of providing Air Index information is met. (4) No earlier than January 1, 2003, the Executive Officer will conduct a hearing to assess consumer awareness of Air Index information in purchasing decisions. (A) At such hearing the Executive Officer will compare the degree of consumer awareness of Air Index information by purchasers of engines not meeting specifications (A)-(C) in subsection (l)(5) to the degree of consumer awareness of Air Index information by purchasers of engines substantially meeting specifications (A)-(C) of subsection (l)(5). If the Executive Officer determines that the degree of consumer awareness is statistically equivalent, the provisions of subsections (l)(1-3) shall remain in effect and the Executive Officer will not require engine manufacturers to meet the requirements of subsection (l)(5). (B) If the Executive Officer determines that there are insufficient engines meeting specifications (A)-(C) in subsection (l)(5) to make the above comparison, the Executive Officer will compare the degree of consumer awareness of Air Index information by purchasers of engines not meeting specifications (A)-(C) in subsection (l)(5) to other similar consumer information programs including, but not limited to, the passenger car Smog Index labeling program. If the Executive Officer determines that the degree of consumer awareness is statistically equivalent to other similar consumer information programs, the provisions of subsections (l) (1-3) shall remain in effect and the Executive Officer will not require engine manufacturers to meet the requirements of subsection (l)(5). (C) If the Executive Officer determines that the degree of consumer awareness is not statistically equivalent under (A) and (B), then no earlier than at the beginning of the first full model year following the Executive Officer's final determination, provided that manufacturers have no less than 9 months of lead time, the Executive Officer will require engine manufacturers to meet the requirements of subsection (l)(5). (5) If the Executive Officer has made the determination in subsection (l)(4)(C), then the following requirements apply: (A) All information required on the Air Index Label must be no smaller than 2 millimeters in height. (B) The Air Index Label must be noticeable from a distance of 150 centimeters (59 inches) without any obstructions by equipment or engine parts, including all engine manufacturer or original equipment manufacturer (as applicable) available optional equipment. For engines that are installed in an engine compartment that is easily accessible to the ultimate purchaser, this subsection (l)(5)(B) may be satisfied by a generic label or hang tag stating "LOOK INSIDE THE ENGINE COMPARTMENT FOR IMPORTANT EMISSIONS INFORMATION," or by other means, subject to the Executive Officer's approval. (C) The Air Index Label must be located in at least one of the following locations: 1. included on the engine label; 2. included as an additional engine label, designed and intended for removal only by the ultimate purchaser; or 3. included as an engine or equipment hang-tag designed or intended for removal only by the ultimate purchaser; (D) For engines 0-65 cc (up to 80 cc beginning with the 2005 model year), inclusive, the engine manufacturer must also arrange for a label with the engine family's Air Index to be attached to the equipment packaging. (E) The Executive Officer, upon request, may waive or modify the form of the Air Index Label or may approve alternative forms, sizes or locations, provided that the intent of the Air Index Label requirement is met. (6) The labeling and consumer information provisions of subsection (l) shall not apply to engines that are not the primary power source of the equipment in which they are installed or to engines that are installed in equipment that the engine or equipment manufacturer can demonstrate, to the Executive Officer's reasonable satisfaction, are used almost exclusively in commercial applications in which consumer information are not likely to affect a purchasing decision. Note: Authority cited: Sections 39600, 39601, 43013, 43017, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2405. Defects Warranty Requirements for 1995 and Later Small Off-Road Engines. (a) Applicability. This section applies to 1995 and later small off-road engines. The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser. (b) General Emissions Warranty Coverage. The manufacturer of each small off-road engine must warrant to the ultimate purchaser and each subsequent purchaser that the engine is: (1) Designed, built, and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code; and (2) Free from defects in materials and workmanship that cause the failure of a warranted part to be identical in all material respects to the part as described in the engine manufacturer's application for certification for a period of two years. (c) The warranty on emissions-related parts will be interpreted as follows: (1) Any warranted part that is not scheduled for replacement as required maintenance in the written instructions required by Subsection (d) must be warranted for the warranty period defined in Subsection (b)(2). If any such part fails during the period of warranty coverage, it must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under the warranty must be warranted for the remaining warranty period. (2) Any warranted part that is scheduled only for regular inspection in the written instructions required by Subsection (d) must be warranted for the warranty period defined in Subsection (b)(2). A statement in such written instructions to the effect of "repair or replace as necessary" will not reduce the period of warranty coverage. Any such part repaired or replaced under warranty must be warranted for the remaining warranty period. (3) Any warranted part that is scheduled for replacement as required maintenance in the written instructions required by Subsection (d) must be warranted for the period of time prior to the first scheduled replacement point for that part. If the part fails prior to the first scheduled replacement, the part must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under warranty must be warranted for the remainder of the period prior to the first scheduled replacement point for the part. (4) Repair or replacement of any warranted part under the warranty provisions of this article must be performed at no charge to the owner at a warranty station. (5) Notwithstanding the provisions of Subsection (4) above, warranty services or repairs must be provided at all manufacturer distribution centers that are franchised to service the subject engines. (6) The owner must not be charged for diagnostic labor that leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station. (7) The engine manufacturer is liable for damages to other engine components proximately caused by a failure under warranty of any warranted part. (8) Throughout the engine's warranty period defined in Subsection (b)(2), the engine manufacturer must maintain a supply of warranted parts sufficient to meet the expected demand for such parts. (9) Any replacement part may be used in the performance of any warranty maintenance or repairs and must be provided without charge to the owner. Such use will not reduce the warranty obligations of the engine manufacturer. (10) Add-on or modified parts that are not exempted by the Air Resources Board may not be used. The use of any non-exempted add-on or modified parts will be grounds for disallowing a warranty claim made in accordance with this article. The engine manufacturer will not be liable under this article to warrant failures of warranted parts caused by the use of a non-exempted add-on or modified part. (11) The Executive Officer may request and, in such case, the engine manufacturer must provide, any documents that describe that manufacturer's warranty procedures or policies. (d) Each manufacturer must include a copy of the following emission warranty parts list with each new engine, using those portions of the list applicable to the engine. (1) Fuel Metering System (A) Carburetor and internal parts (and/or pressure regulator or fuel injection system). (B) Air/fuel ratio feedback and control system. (C) Cold start enrichment system. (2) Air Induction System (A) Controlled hot air intake system. (B) Intake manifold. (C) Air filter. (3) Ignition System (A) Spark Plugs. (B) Magneto or electronic ignition system. (C) Spark advance/retard system. (4) Exhaust Gas Recirculation (EGR) System (A) EGR valve body, and carburetor spacer if applicable. (B) EGR rate feedback and control system. (5) Air injection System (A) Air pump or pulse valve. (B) Valves affecting distribution of flow. (C) Distribution manifold. (6) Catalyst or Thermal Reactor System (A) Catalytic converter. (B) Thermal reactor. (C) Exhaust manifold. (7) Particulate Controls (A) Traps, filters, precipitators, and any other device used to capture particulate emissions. (8) Miscellaneous items Used in Above Systems (A) Vacuum, temperature, and time sensitive valves and switches. (B) Electronic controls. (C) Hoses, belts, connectors, and assemblies. (e) Each manufacturer must furnish with each new engine written instructions for the maintenance and use of the engine by the owner. The instructions must be consistent with this article and applicable regulations contained herein. (f) Each engine manufacturer must submit the documents required by Subsection (d) with the engine manufacturer's application for engine certification for approval by the Executive Officer. Approval by the Executive Officer of the documents required by Subsection (d) is a condition of certification. The Executive Officer will approve or disapprove the documents required by Subsection (d) within 90 days of the date such documents are received from the engine manufacturer. Any disapproval must be accompanied by a statement of the reasons thereof. In the event of disapproval, the engine manufacturer may file for an adjudicative hearing pursuant to Title 17, California Code of Regulations, Section 60040 et seq., to review the decision of the Executive Officer. (g) In the application for engine certification, each engine manufacturer must include a statement regarding the maintenance of the engine for clean air. The statement must include, but not be limited to, information on carburetor adjustment, air filter care and replacement schedule, spark plug maintenance and inspection, proper fuel/oil ratio for low emissions, use of appropriate fuel, proper fueling and fuel mixing, proper method of disposing of oil and oil containers, engine maintenance, and a maintenance schedule to ensure that the owner returns to a servicing center to check for deposits, debris build-up, etc. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2405.1. Emission-Related Defect Reporting Requirements. (a) Applicability. This section applies to 2005 model year and later small off-road engines. The requirement to report emission-related defects affecting a given class or category of engines will remain applicable for five years from the end of the calendar year in which such engines were manufactured. (b) A manufacturer must file a defect information report whenever, on the basis of data obtained subsequent to the effective date of these regulations: (1) The manufacturer determines, in accordance with procedures established by the manufacturer to identify either safety-related or performance defects, that a specific emission-related defect exists; and (2) A specific emission-related defect exists in 25 or more engines of a given engine family manufactured in the same Executive Order or model year. (c) No report must be filed under this section for any emission-related defect corrected prior to the sale of the affected engines to ultimate purchasers. (d) The manufacturer must submit defect information reports to Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731, not more than 15 working days after an emission-related defect is found to affect 25 or more engines manufactured in the same Executive Order or model year. Information required by paragraph (e) of this section that is either not available within 15 working days or is significantly revised must be submitted the Executive Officer as it becomes available. (e) Each defect report must contain the following information in substantially the format outlined below: (1) The manufacturer's corporate name. (2) A description of the defect and part number(s). (3) A description of each class or category of engines potentially affected by the defect including make, model, model year, calendar year produced, and any other information required to identify the engines affected. (4) For each class or category of engine described in response to paragraph (e)(3) of this section, the following must also be provided: (A) The number of engines known or estimated to have the defect and an explanation of the means by which this number was determined. (B) The address of the plant(s) at which the potentially defective engines were produced. (5) An evaluation of the emissions impact of the defect and a description of any operational problems which a defective engine might exhibit. (6) Emission data which relate to the defect. (7) An indication of any anticipated manufacturer follow-up. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2405.2. Voluntary Emission Recall Program. (a) When any manufacturer initiates a voluntary emissions recall campaign involving 25 or more engines, the manufacturer must submit a report describing the manufacturer's voluntary emissions recall plan as prescribed by this section within 15 working days prior to the date owner notification was issued. The report must contain the following: (1) A description of each class or category of engines recalled including the number of engines to be recalled, the model year, the make, the model, and such other information as may be required to identify the engines recalled; (2) A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to correct the engines affected by the emission-related defect; (3) A description of the method by which the manufacturer will notify engine owners and, if applicable, the method by which the manufacturer will determine the names and addresses of engine owners; (4) A description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the recall plan, an explanation of the manufacturer's reasons for imposing any such conditions, and a description of the proof to be required of an engine owner to demonstrate compliance with any such conditions; (5) A description of the procedure to be followed by engine owners to obtain correction of the nonconformity. This may include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the defect, and the designation of facilities at which the defect can be remedied; (6) A description of the class of persons other than dealers and authorized warranty agents of the manufacturer who will remedy the defect; (7) When applicable, three copies of any letters of notification to be sent engine owners; (8) A description of the system by which the manufacturer will assure that an adequate supply of parts is available to perform the repair under the plan, and that the supply remains both adequate and responsive to owner demand; (9) Three copies of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan; (10) A description of the impact of the proposed changes on fuel consumption, performance, and safety of each class or category of engines to be recalled; (11) A sample of any label to be applied to engines which participated in the voluntary recall campaign. (b) The manufacturer must submit at least one report on the progress of the recall campaign. Such report must be submitted no later than 18 months from the date notification was begun and include the following information: (1) The methods used to notify both engine owners, dealers and other individuals involved in the recall campaign; (2) The number of engines known or estimated to be affected by the emission-related defect and an explanation of the means by which this number was determined; (3) The number of engines actually receiving repair under the plan; and (4) The number of engines determined to be ineligible for remedial action due to a failure to properly maintain or use such engines. (c) Send the defect report, voluntary recall plan, and the voluntary recall progress report to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar Avenue, El Monte, CA 91731. (d) Retain the information gathered by the manufacturer to compile the reports for not less than five years from the date of the manufacture of the engines. The manufacturer must make this information available to duly authorized officials of the ARB upon request. (e) The filing of any report under the provisions of this section does not affect a manufacturer's responsibility to file reports or applications, obtain approval, or give notice under any provision of law. (f) The act of filing an Emission Defect Information Report is inconclusive as to the existence of a defect subject to the warranty provided by section 2405. (g) A manufacturer may include on each page of its Emission Defect Information Report a disclaimer stating that the filing of a Defect Information Report pursuant to these regulations is not conclusive as to the applicability of the warranty provided by section 2405. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2405.3. Ordered Recalls. (a)(1) If the Executive Officer determines that a substantial number of any class or category of engines, although properly maintained and used, do not conform to the regulations prescribed under Section 2400-2409, Chapter 9, Title 13 of the California Code of Regulations, when in actual use throughout their durability period (as defined under section 2403), the Executive Officer shall immediately notify the manufacturer of such nonconformity and require the manufacturer to submit a plan for remedying the nonconformity of the engines with respect to which such notification is given. (A) The manufacturer's plan shall provide that the nonconformity of any such engines which are properly used and maintained will be remedied at the expense of the manufacturer. (B) If the manufacturer disagrees with such determination of nonconformity and so advises the Executive Officer, the Executive Officer shall afford the manufacturer and other interested persons an opportunity to present their views and evidence in support thereof at a public hearing pursuant to Article 1, Subchapter 1.25, Chapter 1, Division 3, Title 17, California Code of Regulations. Unless, as a result of such hearing, the Executive Officer withdraws such determination of nonconformity, the Executive Officer shall, within 60 days after the completion of such hearing, order the manufacturer to provide prompt notification of such nonconformity in accordance with paragraph (a)(2) of this section. The manufacturer shall comply in all respects with the requirements of this subpart. (2) Any notification required to be given by the manufacturer under paragraph (a)(1) of this section with respect to any class or category of engines shall be given to dealers, ultimate purchasers, and subsequent purchasers (if known) in such manner and containing such information as required in section 2405.1(d). (3)(A) Prior to an ARB ordered recall, the manufacturer may perform a voluntary emissions recall pursuant to regulations at section 2405.2. Such manufacturer is subject to the reporting and recordkeeping requirements of section 2405.2(c) and (d). (B) Once ARB determines that a substantial number of engines fail to conform with the requirements of Section 2400-2409, Chapter 9, Title 13 of the California Code of Regulations, the manufacturer will not have the option of a voluntary recall. (b) The manufacturer bears all cost obligation a dealer incurs as a result of a requirement imposed by paragraph (a) of this section. The transfer of any such cost obligation from a manufacturer to a dealer through franchise or other agreement is prohibited. (c) Any inspection of an engine for purposes of paragraph (a)(1) of this section, after its sale to the ultimate purchaser, is to be made only if the owner of such engine voluntarily permits such inspection to be made, except as may be provided by any state or local inspection program. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2406. Emission Control System Warranty Statement. (a) Each manufacturer must furnish a copy of the following statement with each new 1995 and later small off-road engine, using those portions of the statement applicable to the engine. CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT YOUR WARRANTY RIGHTS AND OBLIGATIONS The California Air Resources Board (and manufacturer's name, optional) is pleased to explain the emission control system warranty on your (year(s)) (equipment type or small off-road) engine. In California, new small off-road engines must be designed, built and equipped to meet the State's stringent anti-smog standards. (Manufacturer's name) must warrant the emission control system on your (equipment type or small off-road) engine for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of your small off-road engine. Your emission control system may include parts such as the carburetor or fuel-injection system, the ignition system, and catalytic converter. Also included may be hoses, belts, connectors and other emission-related assemblies. Where a warrantable condition exists, (manufacturer's name) will repair your (equipment type or small off-road) engine at no cost to you including diagnosis, parts and labor. MANUFACTURER'S WARRANTY COVERAGE: The 1995 and later small off-road engines are warranted for two years. If any emission-related part on your engine is defective, the part will be repaired or replaced by (manufacturer's name). OWNER'S WARRANTY RESPONSIBILITIES: - As the (equipment type or small off-road) engine owner, you are responsible for the performance of the required maintenance listed in your owner's manual. (Manufacturer's name) recommends that you retain all receipts covering maintenance on your (equipment type or small off-road) engine, but (manufacturer's name) cannot deny warranty solely for the lack of receipts or for your failure to ensure the performance of all scheduled maintenance. - As the (equipment type or small off-road) engine owner, you should however be aware that (manufacturer's name) may deny you warranty coverage if your (equipment type or small off-road) engine or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications. - You are responsible for presenting your (equipment type or small off-road) engine to a (manufacturer's name) distribution center as soon as a problem exists. The warranty repairs should be completed in a reasonable amount of time, not to exceed 30 days. If you have any questions regarding your warranty rights and responsibilities, you should contact (Insert chosen manufacturer's contact) at 1-XXX-XXX-XXXX. (b) Commencing with the 1995 calendar year, each manufacturer must furnish with each new engine a warranty statement that generally describes the obligations and rights of the manufacturer and owner under this article. Manufacturers must also include in the warranty statement a phone number the consumer may use to obtain their nearest franchised service center. (c) Each manufacturer must submit the documents required by Subsections (a) and (b) with the manufacturer's preliminary application for new engine certification for approval by the Executive Officer. The Executive Officer may reject or require modification of the documents to the extent the submitted documents do not satisfy the requirements of Subsections (a) and (b). Approval by the Executive Officer of the documents required by Subsections (a) and (b) will be a condition of certification. The Executive Officer will approve or disapprove the documents required by Subsections (a) and (b) within 90 days of the date such documents are received from the manufacturer. Any disapproval must be accompanied by a statement of the reasons therefore. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2407. New Engine Compliance and Production Line Testing -New Small Off-Road Engine Selection, Evaluation, and Enforcement Action. (a) Compliance Test Procedures. (1) The Executive Officer may, with respect to any new engine family or subgroup being sold, offered for sale, or manufactured for sale in California, order an engine manufacturer to make available for compliance testing and/or inspection a reasonable number of engines, and may direct that the engines be delivered to the state board at the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where specified by the Executive Officer. The Executive Officer may also, with respect to any new engine family or subgroup being sold, offered for sale, or manufactured for sale in California, have an engine manufacturer compliance test and/or inspect a reasonable number of engines at the engine manufacturer's facility under the supervision of an ARB Enforcement Officer. Engines must be selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer, that, insofar as practical, must exclude engines that would result in an unreasonable disruption of the engine manufacturer's distribution system. A subgroup may be selected for compliance testing only if the Executive Officer has reason to believe that the emissions characteristics of that subgroup are substantially in excess of the emissions of the engine family as a whole. (2) For all 1995 and subsequent small off-road engines selected for compliance testing, the selection and testing of engines and the evaluation of data must be made in accordance with the procedures set forth herein. (3) These procedures are applicable, commencing with the 1995 calendar year, to any engine family or any subgroup within an engine family selected for compliance testing pursuant to this section. (4) All testing must be conducted in accordance with the applicable calendar year (for 1995-1999) or model year (for 2000 and later) certification emission test procedures. Any adjustable engine parameters must be set to values or positions that are within the range available to the ultimate purchaser as determined by the ARB Enforcement Officer. For example, an engine carburetor with an adjustable idle fuel/air mixture must be compliance tested at any mixture position requested by the ARB Enforcement Officer that is within the range of adjustment available to the end-use operator. Engine service accumulation (i.e., break-in) before testing may be performed on test engines to the same extent it is performed on production line testing engines (See subsection (d)). No break-in or modifications, adjustments, or special preparation or maintenance will be allowed on engines chosen for compliance testing without the written consent of the Executive Officer. Such consent must not be unreasonably withheld where such adjustment or alteration is required to render the engine testable and reasonably operative. (5) If the engine manufacturer elects to specify a different break-in or adjustments, they will be performed by the engine manufacturer under the supervision of ARB personnel. (6) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the engine is permitted only after test of the engine, except where 100 percent of the engine manufacturer's production is given that inspection or maintenance by the engine manufacturer's own personnel. The engine manufacturer may request that the engine be repaired from shipping damage, and be retested. If the Executive Officer concurs, the engine may be retested, and the original test results may be replaced by the after-repair test results. (7) Engines must be randomly chosen from the selected engine family or subgroup. Each chosen engine must be tested according to the "California Exhaust Emission Standards and Test Procedures for 1995-2004 Small Off-Road Engines" ( "Emission Standards and Test Procedures"), adopted March 20, 1992, and last amended July 26, 2004, or "California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines," adopted July 26, 2004, as applicable, to determine its emissions. Unique specialty hardware and personnel normally necessary to prepare the engine for the performance of the test as set forth in the Procedures must be supplied by the engine manufacturer within seven days after the request for such speciality hardware or personnel. Failure to supply this unique specialty hardware or personnel may not be used by the engine manufacturer as a cause for invalidation of the subsequent tests. (8) Engines must be tested in groups of five until a "Pass" or "Fail" decision is reached for each pollutant independently for the engine family or subgroup in accordance with the following table: Decide "Fail" Decide "Pass" Number of If "U" is greater If "U" is less Engines Tested than or equal to than or equal to 5 2.18 -0.13 10 2.11 0.51 15 2.18 0.88 20 2.29 1.16 where: x i = the projected emissions of one pollutant for the ith engine tested. m o = the applicable calendar year emission standard for that pollutant. n = the number of engines tested. (9) The Executive Officer will find that a group of engines has failed the compliance testing pursuant to the above table if the Executive Officer finds that the average emissions of the engines within the selected engine family or subgroup exceed the applicable calendar year new engine emission standard for at least one pollutant. (10) If no decision can be reached after 20 engines have been tested, the Executive Officer will not make a "Fail" decision for the selected engine family or subgroup on the basis of these 20 tests alone. Under these circumstances the Executive Officer will elect to test 10 additional engines. If the average emissions from the 30 engines tested exceed any one of the exhaust emission standards for which a "Pass" decision has not been previously made, the Executive Officer will render a "Fail" decision. (11) If the Executive Officer determines, in accordance with the procedures set forth in Subsection (a) that an engine family or any subgroup within an engine family, exceeds the emission standards for one or more pollutants, the Executive Officer will: (A) Notify the engine manufacturer that the engine manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution of the noncompliant engines in the State of California, or enjoined from any further sales or distribution, of the noncompliant engines in the State of California pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an engine manufacturer, the Executive Officer will consider production line test results, if any, and any additional test data or other information provided by the engine manufacturers and other interested parties, including the availability of emission reductions credits to remedy the failure. (B) Notify the equipment manufacturer that the equipment manufacturer may be subject to being enjoined from any further sales, or distribution, of the equipment manufacturer's equipment product line(s) that are, or utilize engines that are, noncompliant with the applicable emission regulations pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an equipment manufacturer, the Executive Officer will consider production line test results, if any, and any additional test data or other information provided by the equipment manufacturer and other interested parties, including the availability of emissions reduction credits to remedy the failure. (12) Engines selected for inspection must be checked to verify the presence of those emissions-related components specified in the engine manufacturer's application for certification, and for the accuracy of any adjustments, part numbers and labels specified in that application. If any engine selected for inspection fails to conform to any applicable law in Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, or any regulation adopted by the state board pursuant thereto, other than an emissions standard applied to new engines to determine "certification" as specified in Chapter 9, the Executive Officer will: (A) Notify the engine manufacturer and may seek to revoke or suspend the Executive Order authorizing sales and distribution or enjoin the engine manufacturer from any further sales, or distribution, of the applicable noncompliant engine families or subgroups within the engine families in the State of California pursuant to Section 43017 of the Health and Safety Code. Before revoking or suspending the Executive Order authorizing sales and distribution of the applicable noncompliant engine families or subgroups within the State of California, or seeking to enjoin an engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer and other interested parties, including the availability of emissions reductions credits to remedy the failure. (B) Notify the equipment manufacturer and may seek to revoke or suspend the Executive Order authorizing sales and distribution or enjoin the equipment manufacturer from any further sales, or distribution, in the State of California of the equipment manufacturer's equipment product line(s) that are, or utilize engines that are, noncompliant with the applicable emission regulations pursuant to Section 43017 of the Health and Safety Code. Before revoking or suspending the Executive Order authorizing sales and distribution of the applicable noncompliant equipment, or seeking to enjoin an equipment manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer and other interested parties, including the availability of emissions reductions credits to remedy the failure. (b) 1996 and Subsequent Calendar (Model) Year Quality-Audit Production Line Test Procedures (1) Small off-road engines produced in the 1996 and subsequent calendar (or model) years, that have been certified for sale in California, are subject to the quality-audit requirements specified in (b) and (d). Each engine manufacturer must use the quality-audit test procedures as specified in (b) and (d) unless it can satisfactorily provide an alternate method that shows an equivalent assurance of compliance. The purpose of providing alternate sampling, testing methods, and procedures is to help reduce sample size and testing costs, while providing a reasonable assurance that production engines comply with the applicable emission standards. The engine manufacturer must submit the method of quality-audit to the Executive Officer for approval no later than 90 days prior to 1996 calendar year production, or any subsequent calendar or model year production, as applicable, if a change is proposed. (2) Engine Sample Selection (A) Except as provided in subsection (b)(3), the engine manufacturer must randomly select one percent of the California sales volume of engines from each engine family for quality-audit testing. Additional engine sample criteria appear in subsection (d)(3). (B) The Executive Officer may, upon notice to the engine manufacturer, require the sample rate to be increased to a maximum of ten percent of production (not to exceed 30 additional engines or units of equipment) of the calendar quarterly production of any engine family. (3) Alternate Quality-Audit Engine Selection Criteria For The 1996 Through 1999 Calendar Years (A) An engine manufacturer may use the alternate engine selection method outlined in this Subsection. (B) Engines or equipment must be randomly selected at a rate of 1.0 percent of engine family production at the beginning of production. When test results of the first 10 engines or units of equipment have been accumulated, an evaluation as indicated below must be made. (C) Calculate the family mean and standard deviation of each pollutant (HC, CO, NO x and PM, if applicable). Identify engines or units of equipment that have emission levels greater than three standard deviations above the mean. Eliminate these emission data points and recalculate the mean and standard deviation. Continue the calculation until there are no values greater than three standard deviations above the mean. Count the number of these data points greater than the emission standard (outliers). If the number of outliers is equal to or less than the allowable number in Table 1 for each pollutant, the engine family is eligible to continue to a second evaluation, shown in paragraph (D) below. Otherwise, sampling must continue at a rate of 1.0 percent of production for the rest of the month. (D) If the allowable outlier criterion is met, the family mean standard deviation, and sample size determined for each contaminant before excluding any outliers, are substituted in the following expression: (emission standard - mean) (N) (standard deviation) (E) If the expression is greater than C in Table 2 below, and the engine manufacturer reasonably estimates that the quarterly engine family production will exceed 5,000 engines or units of equipment, the sampling rate for the remaining portion of the calendar month following the date of selection of the last of the 10 engines or equipment is 10 per month, applied on a prorated basis. If the expression is greater than C in Table 2 below, and the engine manufacturer reasonably estimates that the quarterly engine family production will be 5,000 engines or units of equipment or less, the sampling rate for the remaining portion of the calendar month following the date of selection of the last of the 10 engines or equipment is 5 per month, applied on a prorated basis. If the expression is equal to or less than C in Table 2, the sampling rate continues to be 1.0 percent of production for the remaining portion of the month in which selection of the 10 engines or equipment is completed. The value of C is a function of the coefficient of variation (standard deviation/mean). The coefficient of variation and "C" must be rounded to the number of decimal places shown in Table 2. Table 1 Sample Size Allowable Outliers Sample Size Allowable Outliers 1-32 1 430-478 11 33-68 2 479-528 12 69-107 3 529-578 13 108-149 4 579-629 14 150-193 5 630-680 15 194-238 6 681-731 16 239-285 7 732-783 17 286-332 8 784-835 18 333-380 9 836-887 19 381-429 10 888-939 20 Table 2 Coefficient of Variation C 0.1 0.5 0.2 1.2 0.3 1.8 0.4 2.5 0.5 3.1 0.6 3.8 0.7 4.4 0.8 5.1 0.9 5.7 (F) At the conclusion of each month of quarterly engine family production, the emission test data must be evaluated in order to determine the sampling rate as set forth in Paragraphs C and D above. This evaluation must utilize all test data accumulated in the applicable quarter. The sample rate for the next month of production must be determined as follows: ten (10) engines per month when the engine manufacturer's estimated quantity of quarterly engine family production is greater than 5,000; five (5) engines per month when the engine manufacturer's estimated quantity of quarterly engine family production is equal to or less than 5,000; or, one (1) percent of the quarterly engine family production as determined by the sampling evaluation method set forth in Paragraphs D and E. (G) For each subsequent quarter, the preceding sample selection method must be followed. The sample rate determination for the first month of each subsequent quarter must be based on the accumulated data from the previous quarter. The sample rate for the succeeding months of the quarter must be determined as previously set forth. (H) If the start of production does not coincide with the first of a quarter, the sequence for sample rate determination must be followed, but references to remaining calendar months may not be appropriate. (I) Where an engine manufacturer has sampled engines or equipment at a rate of 5 per month following a reasonable estimate that the quarterly engine family production will be 5,000 engines or units of equipment or less, and subsequently determines, or reasonably should determine based on information available to the engine manufacturer, that the quarterly engine family production will exceed 5,000 engines or units of equipment, the engine manufacturer must increase the sampling rate for the quarter such that the requirements of Paragraph D applicable to families reasonably estimated to exceed a quarterly production of 5,000 engines or units of equipment are satisfied. (4) Compliance Evaluation (A) Each engine manufacturer must review the test results of the first 10 test engines or equipment of each engine family, from each calendar quarter of production or from the start of calendar year production. It must also review the quarter's cumulative test results of each engine family at the end of each month. If 10 or more engines or units of equipment have been tested, the engine manufacturer must notify the Chief of the Mobile Source Operations Division, in writing within ten working days whenever an engine family exceeds an emission standard. (B) At the end of the quarter, all of the data accumulated during the quarter are evaluated, and the compliance of the engine family with the family emission levels or emission standards, whichever is applicable, is determined. If a sample size for a particular production quarter is less than ten engines, the data from that quarter must be combined with all of the data from each successive quarter of the calendar year until data from at least ten engines that have been quality-audit tested are included in the quarterly evaluation. If the sample size for the first quarter's production for a calendar year does not contain at least ten engines, the data available for that quarter are evaluated. However, compliance of the engine family with the family emission levels or emission standards, whichever is applicable, is not determined until subsequent quarterly production data is available that includes evaluations of at least ten engines. If the sample size for the last final quarter's production for a calendar year does not contain at least ten engines, the data from the last final quarter must be combined with all the data from each preceding quarter of the calendar year until the sample size contains at least ten engines. (C) When the average value of any pollutant that is rounded off to the same number of significant digits as is the standard, in accordance with ASTM E 29- 93a (May 1993), exceeds the applicable family emission level or emission standard, whichever is applicable; or, when the engine manufacturer's submitted data reveal that the production line tests were performed improperly, the engine family may be determined to be in noncompliance. The Executive Officer will follow the manufacturer notification procedures in section (d)(5). (D) A failed engine is one whose emission test results for a regulated pollutant exceeds the emission standard or FEL, as applicable. (5) Reports (A) Each engine manufacturer shall submit a written report to the ARB within 45 calendar days of the end of each calendar quarter. (B) The quarterly report shall include the following: 1. The total production and sample size for each engine family. 2. engine identification numbers and explanation of the identification code. 3. The applicable emissions standards or Family Emission Levels for each engine family. 4. A description of each test engine or equipment (i.e., date of test, engine family, engine size, engine or equipment identification number, fuel system, dynamometer power absorber setting in horsepower or kilowatts, engine code or calibration number, and test location). 5. The exhaust emission data for PM, CO, NO x and HC for each test engine or equipment. The data reported shall provide two significant figures beyond the number of significant figures in the applicable emission standard. 6. The retest emissions data, as described in paragraph (v) above for any engine or unit of equipment failing the initial test, and description of the corrective measures taken, including specific components replaced or adjusted. 7. A statistical analysis of the quality-audit test results for each engine family stating: a. Number of engines or units of equipment tested. b. Average emissions and standard deviations of the sample for HC, CO, NO x and PM. 8. Every aborted test data and reason for the aborted test. 9. The applicable quarterly report shall include the date of the end of the engine manufacturer's calendar year (for 1995-1999) or model year (for 2000 and subsequent years) production for an engine family. 10. The required information for all engine families in production during the quarter regardless of sample size. 11. The start and stop dates of batch-produced engine family production. (C) Each engine manufacturer shall submit a copy of the report that has been stored (e.g., computer discs), or may be transmitted, in an electronically digitized manner, and in a format that is specified by the Executive Officer. This electronically based submission is in addition to the written submission of the report. (c) 2000 and Subsequent Model Cumulative Sum Production Line Test Procedures. (1) The 2000 and subsequent model year small off-road engines, that have been certified for sale in California, are subject to production line testing performed according to either the Cumulative Sum requirements specified in (c) and (d), or to the Quality-Audit requirements specified in paragraph (b) and (d). At the time of certification, the engine manufacturer must designate which production line testing procedure, either Quality-Audit or Cumulative Sum, it will use for the model year. If an engine manufacturer uses the Cumulative Sum procedures, it must use the Cumulative Sum test procedures as specified herein. (2) Engine Sample Selection (A) At the start of each model year, the small off-road engine manufacturer will begin to randomly select engines from each engine family for production line testing, according to the criteria specified herein. Additional engine sample criteria appear in subsection (d)(3). 1. For newly certified engine families: After two engines are tested, the manufacturer will calculate the required sample size for the model year according to the Sample Size Equation in paragraph (B) of this section. 2. For carry-over engine families: After one engine is tested, the manufacturer will combine the test with the last test result from the previous model year and then calculate the required sample size for the model year according to the Sample Size Equation in paragraph (B) of this section. (B)1. Manufacturers will calculate the required sample size for the model year for each engine family using the Sample Size Equation below. N is calculated from each test result. The number N indicates the number of tests required for the model year for an engine family. N, is recalculated after each test. Test results used to calculate the variables in the Sample Size Equation must be final deteriorated test results as specified in paragraph (c)(4)(C). where: N = required sample size for the model year. t 95 = 95% confidence coefficient. It is dependent on the actual number of tests completed, n, as specified in the table in paragraph (B)2 of this section. It defines one-tail, 95% confidence intervals. s= actual test sample standard deviation calculated from the following equation: [FNn] -1 X i = emission test result for an individual engine x = mean of emission test results of the actual sample FEL = Family Emission Level, or emission standard if no Family Emission level is established n = The actual number of tests completed in an engine family 2. Actual Number of Tests (n) & 1-tail Confidence Coefficients (t 95) n t 95 n t 95 n t 95 2 6.31 12 1.80 22 1.72 3 2.92 13 1.78 23 1.72 4 2.35 14 1.77 24 1.71 5 2.13 15 1.76 25 1.71 6 2.02 16 1.75 26 1.71 7 1.94 17 1.75 27 1.71 8 1.90 18 1.74 28 1.70 9 1.86 19 1.73 29 1.70 10 1.83 20 1.73 30 1.70 11 1.81 21 1.72 <> 1.645 3. A manufacturer must distribute the testing of the remaining number of engines needed to meet the required sample size N, evenly throughout the remainder of the model year. 4. After each new test, the required sample size, N, is recalculated using updated sample means, sample standard deviations and the appropriate 95% confidence coefficient. 5. A manufacturer must continue testing and updating each engine family's sample size calculations according to paragraphs (B)1 through (B)4 of this section until a decision is made to stop testing as described in paragraph (B)6 of this section or a noncompliance decision is made pursuant to paragraph (c)(3)(A)5 of this section. 6. If, at any time throughout the model year, the calculated required sample size, N, for an engine family is less than or equal to the actual sample size, n, and the sample mean, x, for each regulated pollutant is less than or equal to the emission standard (or FEL, as applicable) for that pollutant, the manufacturer may stop testing that engine family except as required by paragraph (c)(3)(A)6. 7. If, at any time throughout the model year, the sample mean, x, for any regulated pollutant is greater than the emission standard (or FEL, as applicable), the manufacturer must continue testing that engine family at the appropriate maximum sampling rate. 8. The maximum required sample size for an engine family (regardless of the required sample size, N, as calculated in paragraph (B)1 of this section) is thirty tests per model year. 9. Manufacturers may elect to test additional randomly chosen engines. All additional randomly chosen engines tested in accordance with the testing procedures specified in the Emission Standards and Test Procedures must be included in the Sample Size and Cumulative Sum equation calculations as defined in paragraphs (B)1 and (c)(3)(A)1 of this section, respectively. (C) The manufacturer must produce and assemble the test engines using its normal production and assembly process for engines to be distributed into commerce. (D) No quality control, testing, or assembly procedures will be used on any test engine or any portion thereof, including parts and subassemblies, that have not been or will not be used during the production and assembly of all other engines of that family, unless the Executive Officer approves the modification. (3) Calculation of the Cumulative Sum Statistic (A) Each engine manufacturer must review the test results using the following procedure: 1. Manufacturers must construct the following Cumulative Sum Equation for each regulated pollutant for each engine family. Test results used to calculate the variables in the Cumulative Sum Equation must be final deteriorated test results as defined in paragraph (c)(4)(C). C i = max [0 or (C i-1 + X i - (FEL + F))] where: C i = The current Cumulative Sum statistic C i-1 = The previous Cumulative Sum statistic. Prior to any testing, the Cumulative Sum statistic = 0 (i.e. C 0 = 0) X i = The current emission test result for an individual engine FEL = Family Emission Level, or emission standard if no Family Emission level is established F = 0.25 xF After each test, C i is compared to the action limit, H, the quantity that the Cumulative Sum statistic must exceed, in two consecutive tests, before the engine family may be determined to be in noncompliance for purposes of paragraphs (c)(3)(A)4 and (c)(3)(A)5. H = The Action Limit. It is 5.0 xF, and is a function of the standard deviation,F. F = is the sample standard deviation and is recalculated after each test. 2. After each engine is tested, the Cumulative Sum statistic must be promptly updated according to the Cumulative Sum Equation in paragraph 1 of this section. 3. If, at any time during the model year, a manufacturer amends the application for certification for an engine family as specified in Part I, Sections 28 and 29 of the 1995-2004 Emission Standards and Test Procedures, or Subpart B, s90.120 and s90.122 of the 2005 and Later Emission Standards and Test Procedures, as applicable, by performing an engine family modification (i.e., a change such as a running change involving a physical modification to an engine, a change in specification or setting, the addition of a new configuration, or the use of a different deterioration factor), all previous sample size and Cumulative Sum statistic calculations for the model year will remain unchanged. 4. A failed engine is one whose final deteriorated test results pursuant to paragraph (c)(4)(C), for a regulated pollutant exceeds the emission standard or the FEL, as applicable, for that pollutant. 5. An engine family may be determined to be in noncompliance, if at any time throughout the model year, the Cumulative Sum statistic, C i, for, a regulated pollutant is greater than the action limit, H, for two consecutive tests. 6. The engine manufacturer must perform a minimum of two tests per engine family per quarter, regardless of whether the conditions of paragraph (c)(2)(B)4 have been met. 7. All results from previous quarters of the same model year must be included in the on-going Cumulative Sum analysis, provided that the engine family has not failed (e.g., if three engines of a family were tested in the first quarter, the first test of the second quarter would be considered as the fourth test). 8. If the Cumulative Sum analysis indicates that an engine family has failed, the engine manufacturer must notify the Chief of the Mobile Source Operations Division, in writing and by telephone, within ten working days. Corrective action will be taken as noted in paragraph (d)(5), below. 9. If a manufacturer performs corrective action on a failed engine family and then resumes production, all previous tests will be void, and Cumulative Sum analysis will begin again with the next test. (B) At the end of the quarter, or when the Cumulative Sum analysis indicates that a decision has been made, the manufacturer must provide all the data accumulated during the quarter. (4) Calculation and Reporting of Test Results. (A) Initial test results are calculated following the applicable test procedure specified in "California Exhaust Emission Standards and Test Procedures for 1995-2004 Small Off-Road Engines" or "California Exhaust Emission Standards and Test Procedures for 2005 and Later Small Off-Road Engines," as applicable. The manufacturer rounds these results, in accordance with ASTM E29-93a, to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure. (ASTM E29-93a has been incorporated by reference.) (B) Final test results are calculated by summing the initial test results derived in paragraph (A) of this section for each test engine, dividing by the number of tests conducted on the engine, and rounding in accordance with ASTM E29-93a to the same number of decimal places contained in the applicable standard expressed to one additional significant figure. (C) The final deteriorated test results for each test engine are calculated by applying the appropriate deterioration factors, derived in the certification process for the engine family, to the final test results, and rounding in accordance with ASTM E29-93a to the same number of decimal places contained in the applicable standard expressed to one additional significant figure. (D) If, at any time during the model year, the Cumulative Sum statistic exceeds the applicable action limit, H, in two consecutive tests, the engine family may be determined to be in noncompliance and the manufacturer must notify the Chief of the Mobile Source Operations Division and the Manager of the Off-Road Certification/Audit Section, 9528 Telstar Avenue, El Monte, CA, 91731, within ten working days of such exceedance by the Cumulative Sum statistic. (E) Within 45 calendar days of the end of each quarter, each engine manufacturer must submit to the Executive Officer a report that includes the following information unless the Executive Officer has approved the omission of some of the information: 1. The location and description of the manufacturer's or other's exhaust emission test facilities that were utilized to conduct testing reported pursuant to this section; 2. Total production and sample sizes, N and n, for each engine family; 3. The applicable emissions standards or Family Emissions Levels for each engine family; 4. A description of the process to obtain engines on a random basis; 5. A description of the test engines or equipment (i.e., date of test, engine family, engine size, engine or equipment identification number, fuel system, dynamometer power absorber setting in horsepower or kilowatts, engine code or calibration number, and test location); 6. The date of the end of the engine manufacturer's model year production for each engine family; 7. For each test conducted, a. A description of the test engine, including: i. Configuration and engine family identification, ii. Year, make, and build date, iii. Engine identification number and explanation of the identification code, and iv. Number of hours of service accumulated on engine prior to testing; b. Location where service accumulation was conducted and description of accumulation procedure and schedule; c. Test number, date, test procedure used, initial test results before and after rounding, and final test results for all exhaust emission tests, whether valid or invalid, and the reason for invalidation, if applicable; d. The exhaust emission data for PM, CO, NO x and HC (or NMHC, as applicable) for each test engine or equipment. The data reported must provide two significant figures beyond the number of significant figures in the applicable emission standard; e. The retest emissions data, as described in Paragraph 4. above for any engine or unit of equipment failing the initial test, and description of the corrective measures taken, including specific components replaced or adjusted; f. A complete description of any adjustment, modification, repair, preparation, maintenance, and/or testing that was performed on the test engine, was not reported pursuant to any other part of this article, and will not be performed on all other production engines; g. A Cumulative Sum analysis, as required in paragraph (c)(3), of the production line test results for each engine family; h. Any other information the Executive Officer may request relevant to the determination whether the new engines being manufactured by the manufacturer do in fact conform with the regulations with respect to which the Executive Order was issued; 8. For each failed engine as defined in paragraph (c)(3)(A)4, a description of the remedy and test results for all retests; 9. Every aborted test data and reason for the aborted test; 10. The start and stop dates of batch-produced engine family production; 11. The required information for all engine families in production during the quarter regardless of sample size; and (F) Each manufacturer must submit a copy of the report that has been stored (e.g., computer disc), or may be transmitted, in an electronically digitized manner, and in a format that is specified by the Executive Officer. This electronically based submission is in addition to the written submission of the report. (d) Procedures Applicable to All Production Line Testing (1) Standards and Test Procedures. The emission standards, exhaust sampling and analytical procedures are those described in the Emission Standards and Test Procedures, and are applicable to engines tested only for exhaust emissions. The production line test procedures are specified in conjunction with the Emission Standards and Test Procedures. An engine is in compliance with these production line standards and test procedures only when all portions of these production line test procedures and specified requirements from the Emission Standards and Test Procedures are fulfilled, except for the provisions as follows: (A) A handheld equipment engine manufacturer, (or a manufacturer of 2000 through 2004 model year engines 65 cc or below, or a manufacturer of 2005 and subsequent model years engines 80 cc or below,) may request that the Executive Officer allow the values of rated engine power and speed determined in the engine family certification be used in lieu of the determination of the engine power and speed of a production line engine. This request must include a specification of the particular power absorption device (e.g., dynamometer, water brake, etc.) used to apply the test load to the production engines. An engine manufacturer must request and must receive approval from the Executive Officer for this allowance before the production line tests are conducted. The engine manufacturer should establish equivalent assurance of compliance by providing emission data from a statistically valid sample of engines for comparison between the proposed procedures and the required procedures. (B) Any adjustable engine parameters must be set to any value or position that is within the range available to the ultimate purchaser. (2) Air Resources Board (ARB) personnel and mobile laboratories must have access to engine or equipment assembly plants, distribution facilities, and test facilities for the purpose of engine selection, testing, and observation. Scheduling of access must be arranged with the designated engine manufacturer's representative and must not unreasonably disturb normal operations (See Section 31 of the 1995-2004 Emission Standards and Test Procedures or Section 90.126 of the 2005 and Later Emission Standards and Test Procedures, as applicable). (3) Engine Sample Selection (A) The engine manufacturer must randomly select engines according to (b)(2) or (c)(2), as applicable, from each engine family for production line testing. The engines must be representative of the engine manufacturer's California sales. Each engine will be selected from the end of the assembly line. All engine models within the engine family must be included in the sample pool. Each selected engine for quality-audit testing must pass the inspection test, by being equipped with the appropriate emission control systems certified by the ARB. The procedure for randomly selecting engines or units of equipment must be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA, 91731, prior to the start of production for the first year of production. (B)1. Prior to the beginning of the 2000 model year, if an engine manufacturer cannot provide actual California sales data, it must provide its total production and an estimate of California sales at the end of the model year. The engine manufacturer must also provide supporting material for its estimate. 2. For the 2000 and later model years, engine manufacturers must provide actual California sales, or other information acceptable to the Executive Officer, including, but not limited to, an estimate based on market analysis and federal production or sales. (4) Engine Preparation and Preconditioning (A) No emissions tests may be performed on an engine prior to the first production line test. (B) The engine or unit of equipment must be tested after the engine manufacturer's recommended break-in period. The engine manufacturer must submit to the Executive Officer the schedule for engine break-in and any changes to the schedule with each quarterly report. This schedule must be adhered to for all production line testing within an engine family and subgroup or engine family and assembly plant as appropriate. (C) If an engine or unit of equipment is shipped to a remote facility for production line testing, and adjustment or repair is necessary because of such shipment, the engine manufacturer must perform the necessary adjustments or repairs only after the initial test of the engine or equipment. Engine manufacturers must report to the Executive Officer in the quarterly report, all adjustments or repairs performed on engines or equipment prior to each test. In the event a retest is performed, a request may be made to the Executive Officer, within ten days of the production quarter, for permission to substitute the after-repair test results for the original test results. The Executive Officer will either affirm or deny the request by the engine manufacturer within ten working days from receipt of the request. (D) If an engine manufacturer determines that the emission test results of an engine or unit of equipment are invalid, the engine or equipment must be retested. Emission results from all tests must be reported. The engine manufacturer must include a detailed report on the reasons for each invalidated test in the quarterly report. (5) Manufacturer Notification of Failure (A) The Executive Officer will notify the engine manufacturer that the engine manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution of the noncompliant engines in the State of California, or being enjoined from any further sales, or distribution, of the noncompliant engines in the State of California pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an engine manufacturer, the Executive Officer will consider all information provided by the engine manufacturer, and other interested parties, including, but not limited to corrective actions applied to the noncompliant engine family, and for 2000 and subsequent model year engines, the availability of emissions reduction credits to remedy the failure. (B) The Executive Officer will notify the equipment manufacturer that the equipment manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution, or being enjoined from any further sales, or distribution, of the equipment manufacturer's equipment product line(s) that are, or utilize engines that are, noncompliant with the applicable emission regulations pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an equipment manufacturer, the Executive Officer will consider all information provided by interested parties, including, but not limited to corrective actions applied to the noncompliant engine family, and for 2000 and subsequent model year engines, the availability of emissions reduction credits to remedy the failure. (6) Suspension and Revocation of Executive Orders. (A) The Executive Order is automatically suspended with respect to any engine failing pursuant to paragraph (c)(3)(A)4 or (b)(4)(D) effective from the time that testing of that engine is completed. (B) The Executive Officer may suspend the Executive Order for an engine family that is determined to be in noncompliance pursuant to paragraph (c)(3)(A)5 or (b)(4)(C). This suspension will not occur before fifteen days after the engine family is determined to be in noncompliance. Before revoking or suspending the Executive Order authorizing sales and distribution of the applicable noncompliant engine families or subgroups within the State of California, or seeking to enjoin an engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer and other interested parties, including the availability of emissions reductions credits to remedy the failure. (C) If the results of testing pursuant to these regulations indicate that engines of a particular family produced at one plant of a manufacturer do not conform to the regulations with respect to which the Executive Order was issued, the Executive Officer may suspend the Executive Order with respect to that family for engines manufactured by the manufacturer at all other plants. (D) Notwithstanding the fact that engines described in the application for certification may be covered by an Executive Order, the Executive Officer may suspend such Executive Order immediately in whole or in part if the Executive Officer finds any one of the following infractions to be substantial: 1. The manufacturer refuses to comply with any of the requirements of this section; 2. The manufacturer submits false or incomplete information in any report or information provided to the Executive Officer under this section; 3. The manufacturer renders inaccurate any test data submitted under this section; 4. An ARB enforcement officer is denied the opportunity to conduct activities authorized in this section and a warrant or court order is presented to the manufacturer or the party in charge of the facility in question; 5. An ARB enforcement officer is unable to conduct activities authorized in paragraph (d)(2) of this section because a manufacturer has located its facility in a foreign jurisdiction where local law prohibits those activities. (E) The Executive Officer will notify the manufacturer in writing of any suspension or revocation of an Executive Order in whole or in part. A suspension or revocation is effective upon receipt of the notification or fifteen days from the time an engine family is determined to be in noncompliance pursuant to paragraph (c)(3)(A)5 or (b)(4)(C), whichever is later, except that the Executive Order is immediately suspended with respect to any failed engines as provided for in paragraph (A) of this section. (F) The Executive Officer may revoke an Executive Order for an engine family after the Executive Order has been suspended pursuant to paragraph (B) or (C) of this section if the proposed remedy for the nonconformity, as reported by the manufacturer to the Executive Officer, is one requiring a design change or changes to the engine and/or emission control system as described in the application for certification of the affected engine family. (G) Once an Executive Order has been suspended for a failed engine, as provided for in paragraph (A) of this section, the manufacturer must take the following actions before the Executive Order is reinstated for that failed engine: 1. Remedy the nonconformity; 2. Demonstrate that the engine conforms to the emission standards by retesting the engine in accordance with these regulations; and 3. Submit a written report to the Executive Officer, after successful completion of testing on the failed engine, that contains a description of the remedy and test results for each engine in addition to other information that may be required by this part. (H) Once an Executive Order for a failed engine family has been suspended pursuant to paragraph (B), (C) or (D) of this section, the manufacturer must take the following actions before the Executive Officer will consider reinstating the Executive Order: 1. Submit a written report to the Executive Officer that identifies the reason for the noncompliance of the engines, describes the proposed remedy, including a description of any proposed quality control and/or quality assurance measures to be taken by the manufacturer to prevent future occurrences of the problem, and states the date on which the remedies will be implemented; and 2. Demonstrate that the engine family for which the Executive Order has been suspended does in fact comply with the regulations of this part by testing as many engines as needed so that the Cumulative Sum statistic, as calculated in paragraph (c)(3)(A)1, falls below the action limit, or the average emissions from the Quality-Audit testing as calculated in paragraph (b)(4)(C) remains below the emission standard or FEL, as applicable. Such testing must comply with the provisions of this section. If the manufacturer elects to continue testing individual engines after suspension of an Executive Order, the Executive Order is reinstated for any engine actually determined to be in conformance with the emission standards through testing in accordance with the applicable test procedures, provided that the Executive Officer has not revoked the Executive Order pursuant to paragraph (F) of this section. (I) Once the Executive Order has been revoked for an engine family, if the manufacturer desires to continue introduction into commerce of a modified version of that family, the following actions must be taken before the Executive Officer may issue an Executive Order for that modified family: 1. If the Executive Officer determines that the proposed change(s) in engine design may have an effect on emission performance deterioration, the Executive Officer will notify the manufacturer, within five working days after receipt of the report in paragraph (H)1 of this section, whether subsequent testing under this section will be sufficient to evaluate the proposed change or changes or whether additional testing will be required; and 2. After implementing the change or changes intended to remedy the nonconformity, the manufacturer must demonstrate that the modified engine family does in fact conform with the regulations of this section by testing as many engines as needed from the modified engine family so that the Cumulative Sum statistic, as calculated in paragraph (c)(3)(A)1 falls below the action limit, or the average emissions from the Quality-Audit testing as calculated in paragraph (b)(4) remains below the emission standard or FEL, as applicable. When both of these requirements are met, the Executive Officer will reissue the Executive Order or issue a new Executive Order, as the case may be, to include that family. As long as the Cumulative Sum statistic remains above the action limit, or the average emissions from the Quality-Audit testing exceeds the emission standard or FEL, as applicable, the revocation remains in effect. (J) At any time subsequent to a suspension of an Executive Order for a test engine pursuant to paragraph (A) of this section, but not later than 15 days (or such other period as may be allowed by the Executive Officer) after notification of the Executive Officer's decision to suspend or revoke an Executive Order in whole or in part pursuant to paragraphs (B), (C), or (F) of this section, a manufacturer may request a hearing as to whether the tests have been properly conducted or any sampling methods have been properly applied. (K) Any suspension of an Executive Order under paragraph (D) of this section: 1. must be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with all applicable requirements and; 2. need not apply to engines no longer in the possession of the manufacturer. (L) After the Executive Officer suspends or revokes an Executive Order pursuant to this section and prior to the commencement of a hearing, if the manufacturer demonstrates to the Executive Officer's satisfaction that the decision to suspend or revoke the Executive Order was based on erroneous information, the Executive Officer will reinstate the Executive Order. (M) To permit a manufacturer to avoid storing non-test engines while conducting subsequent testing of the noncomplying family, a manufacturer may request that the Executive Officer conditionally reinstate the Executive Order for that family. The Executive Officer may reinstate the Executive Order subject to the following condition: the manufacturer must commit to recall all engines of that family produced from the time the Executive Order is conditionally reinstated if the Cumulative Sum statistic does not fall below the action limit, or the average emissions from the Quality-Audit testing remains above the emission standard or FEL, as applicable, and must commit to remedy any nonconformity at no expense to the owner. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2408. Emission Reduction Credits - Certification Averaging, Banking, and Trading Provisions. (a) Applicability. The requirements of this section are applicable to all small off-road engines produced in the 2000 and later model years. Engines certified to the voluntary standards in subsection 2403(b)(2) are not eligible for participation in this program. Participation in the averaging, banking and trading program is voluntary, but if a manufacturer elects to participate, it must do so in compliance with the regulations set forth in this section. The provisions of this section are limited to HC+NO x (or NMHC+NO x, as applicable) and Particulate Matter emissions. (b) General provisions. (1) The certification averaging, banking, and trading provisions for HC+NO x and Particulate Matter emissions from eligible engines are described in this section. (2) An engine family may use the averaging, banking and trading provisions for HC+NO x and NMHC+NO x and Particulate Matter emissions if it is subject to regulation under this article with certain exceptions specified in paragraph (3) of this section. HC+NO x and Particulate Matter credits are interchangeable subject to the limitations on credit generation, credit usage, cross-class averaging and other provisions described in this section. (3) A manufacturer must not include in its calculation of credit generation and may exclude from its calculation of credit usage, any new engines that are exported from California, or that are not destined for California, unless the manufacturer has reason or should have reason to believe that such engines have been or will be imported in a piece of equipment. (4) For an engine family using credits, a manufacturer may, at its option, include its entire production of that engine family in its calculation of credit usage for a given model year. (5) A manufacturer may certify engine families at Family Emission Limits (FELs) above or below the applicable emission standard subject to the limitation in paragraph (6) of this section, provided the summation of the manufacturer's projected balance of credits from all credit transactions for each engine class in a given model year is greater than or equal to zero, as determined under paragraph (f). (A) A manufacturer of an engine family with an FEL exceeding the applicable emission standard must obtain positive emission credits sufficient to address the associated credit shortfall via averaging, banking, or trading. (B) An engine family with an FEL below the applicable emission standard may generate positive emission credits for averaging, banking, or trading, or a combination thereof. (C) In the case of a production line test failure, credits may be used to cover subsequent production of engines for the family in question if the manufacturer elects to recertify to a higher FEL. Credits may be used to remedy a nonconformity determined by production line testing or new engine compliance testing, at the discretion of the Executive Officer. (D) In the case of a production line testing failure pursuant to section 2407, a manufacturer may revise the FEL based upon production line testing results obtained under section 2407 and upon Executive Officer approval. The manufacturer may use certification credits to cover both past production and subsequent production as needed. (6) No engine family may have an FEL that is greater than the emission levels in the table below. Model Year Displacement Category HC+NOx level g/kW-hr g/bhp-hr 2000-2004 0-65 cc, inclusive 180 > 65 cc - < 225 cc 24.1 >225 cc 20 2005 and < 50 cc 241.4 subsequent 50-80 cc, inclusive 186 2005-2006 > 80 cc - < 225 cc 32.3 >225 cc 26.8 2007 > 80 cc - < 225 cc 16.1 >225 cc 26.8 2008 and > 80 cc - < 225 cc 16.1 subsequent >225 cc 12.1 (7) Manufacturers must demonstrate compliance under the averaging, banking, and trading provisions for a particular model year by 270 days after the end of the model year. An engine family generating negative credits for which the manufacturer does not obtain or generate an adequate number of positive credits by that date from the same or previous model year engines will violate the conditions of the Executive Order. The Executive Order may be voidedab initio for this engine family. (c) Averaging. (1) Negative credits from engine families with FELs above the applicable emission standard must be offset by positive credits from engine families having FELs below the applicable emission standard, as allowed under the provisions of this section. Averaging of credits in this manner is used to determine compliance under paragraph (f)(2). (2) Subject to the limitations above, credits used in averaging for a given model year may be obtained from credits generated in the same model year by another engine family, credits banked in previous model years, or credits of the same or previous model year obtained through trading. The restrictions of this paragraph notwithstanding, credits from a given model year may be used to address credit needs of previous model year engines as allowed under paragraph (f)(3). (d) Banking. (1) Beginning with the 1999 model year, a manufacturer of an engine family with an FEL below the applicable emission standard for 2006 and subsequent years may bank credits in that model year for use in averaging and trading. Negative credits may be banked only according to the requirements of paragraph (f)(3) of this section. (2) A manufacturer may bank emission credits only after the end of the model year and after ARB has reviewed the manufacturer's end-of-year reports. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for trading or averaging in the end-of-year report and final report. (3) Credits declared for banking from the previous model year that have not been reviewed by ARB may be used in averaging or trading transactions. However, such credits may be revoked at a later time following ARB review of the end-of-year report or any subsequent audit actions. (e) Trading. (1) An engine manufacturer may exchange emission credits with other engine manufacturers in trading. (2) Credits for trading can be obtained from credits banked in previous model years or credits generated during the model year of the trading transaction. (3) Traded credits can be used for averaging or banking. (4) Traded credits are subject to the limitations on use for past model years, and the use of credits from early banking as set forth in paragraph (c)(2). (5) In the event of a negative credit balance resulting from a transaction, both the buyer and the seller are liable, except in cases involving fraud. The Executive Officer may void Executive Orders of all engine families participating in a negative tradeab initio. (f) Credit calculation and manufacturer compliance with emission standards. (1) For each engine family, HC+NO x and Particulate Matter certification emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the equation.and Particulate Matter certification emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the equation. Credits = (Standard - FEL) x Sales x Power x EDP x Load Factor Where: Standard = the current and applicable small off-road engine HC+NO x (NMHC+NO x) or Particulate Matter emission standard as determined in Section 2403. FEL = the family emission limit for the engine family in grams per brake-horsepower hour or g/kW-hr as applicable. Sales = eligible sales as defined in section 2401. Annual sales projections are used to project credit availability for initial certification. Actual sales volume is used in determining actual credits for end-of-year compliance determination. Power = the sales weighted maximum modal power, in horsepower or kilowatts as applicable. This is determined by multiplying the maximum modal power of each configuration within the family by its eligible sales, summing across all configurations and dividing by the eligible sales of the entire family. Manufacturers may use an alternative if approved by the Executive Officer (for example, maximum modal power of the test engine). EDP = the Emissions Durability Period for which the engine family was certified. Load Factor = For Test Cycle A and Test Cycle B, the Load Factor = 47% (i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i.e.,0.85). For approved alternate test procedures, the load factor must be calculated according to the following formula: Where: %MTT mode i = percent of the maximum torque for mode i %MTS mode i = percent of the maximum engine rotational speed for mode i WF mode i = the weighting factor for mode i (2) Manufacturer compliance with the emission standard is determined on a corporate average basis at the end of each model year. A manufacturer is in compliance when the sum of positive and negative emission credits it holds is greater than or equal to zero, except that the sum of positive and negative credits for a given class may be less than zero as allowed under paragraph (3) of this section. (3) If, as a result of production line testing as required in section 2407, an engine family is determined to be in noncompliance, the manufacturer may raise its FEL for past and future production as necessary. Further, a manufacturer may carry a negative credit balance (known also as a credit deficit) for the subject class and model year forward to the next model year. The credit deficit may be no larger than that created by the nonconforming family. If the credit deficit still exists after the model year following the model year in which the nonconformity occurred, the manufacturer must obtain and apply credits to offset the remaining credit deficit at a rate of 1.2 grams for each gram of deficit within the next model year. The provisions of this paragraph are subject to the limitations in paragraph (4) of this section. (4) Regulations elsewhere in this section notwithstanding, if an engine manufacturer experiences two or more production line testing failures pursuant to the regulations in section 2407 of this article in a given model year, the manufacturer may raise the FEL of previously produced engines only to the extent that such engines represent no more than 10% of the manufacturer's total eligible sales for that model year. For any additional engines determined to be in noncompliance, the manufacturer must conduct offsetting projects approved in advance by the Executive Officer. (5) If, as a result of production line testing under section 2407, a manufacturer desires to lower its FEL, it may do so subject to Executive Officer approval and demonstration that the family would meet the new FEL in the production line testing using the existing data. (6) Except as allowed at paragraph (c) of this section, when a manufacturer is not in compliance with the applicable emission standard by the date 270 days after the end of the model year, considering all credit calculations and transactions completed by then, the manufacturer will be in violation of these regulations and the Executive Officer may, voidab initio the Executive Orders of engine families for which the manufacturer has not obtained sufficient positive emission credits. (g) Certification Using Credits. (1) In the application for certification a manufacturer must: (A) Submit a statement that the engines for which certification is requested will not, to the best of the manufacturer's belief, cause the manufacturer to be in noncompliance under paragraph (f)(2) when all credits are calculated for all the manufacturer's engine families. (B) Declare an FEL for each engine family for HC+NOx (NMHC+NO x) and Particulate Matter, if applicable. The FEL must have the same number of significant digits as the emission standard. (C) Indicate the projected number of credits generated/needed for this family; the projected applicable eligible sales volume and the values required to calculate credits as given in paragraph (f). (D) Submit calculations in accordance with paragraph (f) of projected emission credits (positive or negative) based on production projections for each family. (E)1. If the engine family is projected to generate negative emission credits, state specifically the source (manufacturer/engine family or reserved) and quantity of the credits necessary to offset the credit deficit according to projected production. 2. If the engine family is projected to generate credits, state specifically the recipient (manufacturer/engine family or reserved) and quantity of the credits used to offset a deficit, banked, or traded, according to where the projected credits will be applied. (2) The manufacturer may supply the information required above in subparagraphs (C), (D), and (E) by use of a spreadsheet detailing the manufacturer's annual production plans and the credits generated or consumed by each engine family. (3) All Executive Orders issued are conditional upon manufacturer compliance with the provisions of this section both during and after the model year of production. (4) Failure to comply with all provisions of this section will be considered to be a failure to satisfy the conditions upon which the Executive Order was issued, and the Executive Order may be determined to be voidab initio. (5) The manufacturer bears the burden of establishing to the satisfaction of the Executive Officer that the conditions upon which the Executive Order was issued were satisfied or waived. (6) Projected credits based on information supplied in the certification application may be used to obtain an Executive Order. However, any such credits may be revoked based on review of end-of-year reports, follow-up audits, and any other verification steps considered appropriate by the Executive Officer. (h) Maintenance of records. (1) The manufacturer must establish, maintain, and retain the following adequately organized and indexed records for each engine family: (A) ARB engine family identification code, (B) Family Emission Limit (FEL) or FELs where FEL changes have been implemented during the model year, (C) Maximum modal power for each configuration sold or an alternative approved by the Executive Officer. (D) Projected sales volume for the model year, and (E) Records appropriate to establish the quantities of engines that constitute eligible sales for each power rating for each FEL. (2) Any manufacturer producing an engine family participating in trading reserved credits must maintain the following records on a quarterly basis for each such engine family: (A) The engine family, (B) The actual quarterly and cumulative applicable production/sales volume, (C) The values required to calculate credits as given in paragraph (f), (D) The resulting type and number of credits generated/required, (E) How and where credit surpluses are dispersed, and (F) How and through what means credit deficits are met. (3) The manufacturer must retain all records required to be maintained under this section for a period of eight years from the due date for the end-of-model year report. Records may be retained as hard copy or reduced to microfilm, diskettes, and so forth, depending on the manufacturer's record retention procedure; provided, that in every case all information contained in the hard copy is retained. (4) Nothing in this section limits the Executive Officer's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section. (5) Pursuant to a request made by the Executive Officer, the manufacturer must submit to the Executive Officer the information that the manufacturer is required to retain. (6) ARB may voidab initio the Executive Order for an engine family for which the manufacturer fails to retain the records required in this section or to provide such information to the Executive Officer upon request. (i) End-of-year and final reports. (1) End-of-year and final reports must indicate the engine family, the actual sales volume, the values required to calculate credits as given in paragraph (f), and the number of credits generated/required. Manufacturers must also submit how and where credit surpluses were dispersed (or are to be banked) and/or how and through what means credit deficits were met. Copies of contracts related to credit trading must be included or supplied by the broker, if applicable. The report must include a calculation of credit balances to show that the credit summation for each class of engines is equal to or greater than zero (or less than zero in cases of negative credit balances as permitted in paragraph (f)(3). (2) The calculation of eligible sales (as defined in section 2401) for end-of-year and final reports must be based on the location of the point of first retail sale (for example, retail customer or dealer) also called the final product purchase location. Upon advance written request, the Executive Officer will consider other methods to track engines for credit calculation purposes, such as shipments to distributors of products intended for sale in California, that provide high levels of confidence that eligible sales are accurately counted. (3)(A) End-of-year reports must be submitted within 90 days of the end of the model year to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731. (B) Unless otherwise approved by the Executive Officer, final reports must be submitted within 270 days of the end of the model year to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731. (4) Failure by a manufacturer to submit any end-of-year or final reports in the specified time for any engines subject to regulation under this section is a violation of Section 2403 for each engine. (5) A manufacturer generating credits for banking only who fails to submit end-of-year reports in the applicable specified time period (90 days after the end of the model year) may not use the credits until such reports are received and reviewed by ARB. Use of projected credits pending ARB review is not permitted in these circumstances. (6) Errors discovered by ARB or the manufacturer in the end-of-year report, including errors in credit calculation, may be corrected in the final report. (7) If ARB or the manufacturer determines that a reporting error occurred on an end-of-year or final report previously submitted to ARB under this section, the manufacturer's credits and credit calculations must be recalculated. Erroneous positive credits will be void except as provided in paragraph (h) of this section. Erroneous negative credit balances may be adjusted by ARB. (8) If within 270 days of the end of the model year, ARB review determines a reporting error in the manufacturer's favor (that is, resulting in an increased credit balance) or if the manufacturer discovers such an error within 270 days of the end of the model year, ARB must restore the credits for use by the manufacturer. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2409. Emission Reduction Credits - Production Credit Program for New Engines. (a) Applicability. The 1998 model year and later small off-road engines subject to the provisions of this article are eligible to participate in the production emission credit program described in this section for HC +NO x (or NMHC+NO x, as applicable) and Particulate Matter emissions. (b) General provisions. (1) The production credit program for eligible small off-road engines is described in this section. Participation in this program is voluntary. (2) Any 2000 model year or later engine family subject to the provisions of this article is eligible to participate in the production credit program described in this section. Any 1998 or 1999 model year engine family subject to the provisions of this article is eligible to participate in the production emissions credit program described in this section provided it conforms with the requirements of section 2403. (3) Credits generated and used in the certification averaging, banking, and trading program pursuant to the provisions of section 2408 may not be used in the production credit program. (4) An engine family with a compliance level, as determined by production line testing pursuant to section 2407, below the applicable FEL to which the engine family is certified may generate emission credits for averaging, banking, or trading in the production credit program. (5) Positive credits generated in a given model year may be used in that model year and/or in any subsequent model year. (c) Averaging. (1) A manufacturer may use averaging across engine families to demonstrate a zero or positive credit balance for a model year. Positive credits to be used in averaging may be obtained from credits generated by another engine family of the same model year, credits banked in previous model years, or credits obtained through trading. (2) Production emission credits used for the certification emission credit program must be discounted 1.1 grams to 1 gram. (d) Banking. (1) A manufacturer of an engine family with a production compliance level below the FEL to which the engine family is certified for a given model year may bank positive production credits for that model year for use in certification averaging, trading, or, at the Executive Officer's discretion, to remedy noncompliance of another engine family. (2) Unless otherwise approved by the Executive Officer, a manufacturer that generates positive production credits must wait 30 days after it has both completed production testing for the model year for which the credits were generated and submitted the report required by paragraph (g)(1) before it may bank credits for use in future averaging or trading. During the 30 day period, the Executive Officer will work with the manufacturer to correct any error in calculating banked credits, if necessary. (e) Trading. (1) An engine manufacturer may exchange positive production emission credits with other engine manufacturers through trading. (2) Production credits for trading can be obtained from credits banked for model years prior to the model year of the engine family requiring production credits. (3) Traded production credits can be used for certification averaging or banking. (4) Unless otherwise approved by the Executive Officer, a manufacturer that generates positive production credits must wait 30 days after it has both completed production testing for the model year for which the credits were generated and submitted the report required by paragraph (g)(1) before it may transfer credits to another manufacturer or broker. (5) In the event of a negative credit balance resulting from a transaction, both the buyer and the seller are liable, except in cases involving fraud. Engine families participating in a trade that leads to a negative credit balance may be subject to suspension or revocation of the Executive Order if the engine manufacturer having the negative credit balance is unable or unwilling to obtain sufficient credits in the time allowed. (f) Credit calculation. For each participating engine family, and for each regulated pollutant (HC+NO x (NMHC+NO x) and Particulate Matter) emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest gram. Consistent units are to be used throughout the equation: Credits = (FEL - CL) x Sales x Power x EDP x Load Factor Where: FEL = The applicable Family Emission level to which the engine family was certified. CL = compliance level of the deteriorated production line testing results for the subject pollutant in g/bhp-hr or g/kW-hr as applicable. Sales = sales or eligible sales as defined in section 2401. Power = the sales weighted maximum modal power, in horsepower or kilowatts as applicable, as calculated from the applicable test procedure as described in Section 2403. This is determined by multiplying the maximum modal power of each configuration within the family by its eligible sales, summing across all configurations and dividing by the eligible sales of the entire family. Where testing is limited to certain configurations designated by the Executive Officer, the maximum modal power for the individual configuration(s) must be used. Manufacturers may use an alternative if approved by the Executive Officer. EDP = the Emissions Durability Period for which the engine family was certified. Load Factor = For Test Cycle A and Test Cycle B, the Load Factor = 47% (i.e., 0.47). For Test Cycle C, the Load Factor = 85% (i.e.,0.85). For approved alternate test procedures, the load factor must be calculated according to the Load Factor formula found in paragraph (f)(1) of Section 2408. (g) Maintenance of records. (1) Any manufacturer that is participating in the production credit program set forth in this section must establish, maintain, and retain the records required by paragraph (h) of Section 2408 with respect to its participation in the production credit program. (2) The Executive Officer may voidab initio an Executive Order for an engine family for which the manufacturer fails to retain the records required under this section or to provide such information to the Executive Officer upon request. (h) Reporting requirements. (1) Any manufacturer who participates in the production credit program is required to submit a production credit report with the end of the model year production testing report required under Section 2407 within 90 days of the end of the production testing of a given model year's engine families. This report must show the calculation of credits from all the production testing conducted by the manufacturer for a given model year's engines. Such report must show the applications of credits, the trading of credits, the discounting of credits that are used and the final credit balance. The manufacturer may submit corrections to such end of model year reports in a final report for a period of up to 270 days after the end of the production testing of a given model year's engine families. (2) The calculation of eligible sales (as defined in section 2401) for end-of-year and final reports must be based on the location of the point of first retail sale (for example, retail customer or dealer) also called the final product purchase location. Upon advance written request, the Executive Officer will consider other methods to track engines for credit calculation purposes, such as shipments to distributors of products intended for sale in California, that provide high levels of confidence that eligible sales are accurately counted. (3) Reports must be submitted to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731. (4) A manufacturer that fails to submit a timely end of year report as required in paragraph (h )(1) of this section will be considered ineligible to have participated in the production credit program. (5) If the Executive Officer or the manufacturer determines that a reporting error occurred on an end of model year report previously submitted under this section, or an engine family production testing report submitted under section 2407, the manufacturer's credits and credit calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative credits may be adjusted by the Executive Officer. An update of previously submitted "point of first retail sale" information is not considered an error and no increase in the number of credits will be allowed unless an actual error occurred in the calculation of credits due to an error in the "point of first retail sale" information from the time of the original end of model year report. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2410. Applicability. (a)(1) This article applies to all new off-highway recreational vehicles and engines manufactured for use in such vehicles produced on or after January 1, 1997, for sale, lease, use, and introduction into commerce in California. (See Note below.) (2) New off-highway recreational vehicles and engines used in such vehicles, subject to any of the standards set forth in Article 3, shall be certified for use and sale by the Air Resources Board and covered by an Executive Order, pursuant to Section 2412 of this Article. (b) Each part of this article is severable, and in the event that any part of this chapter or article is held to be invalid, the remainder of this article continues in full force and effect. (c) This article includes provisions for certification, labeling requirements, emission standard enforcement, recall, and use restrictions. Note: Under section 209(e)(2) of the Federal Clean Air Act (42 U.S.C. s 7543(e)(2), California is required to receive authorization from the Administrator of the U.S. Environmental Protection Agency (U.S. EPA) prior to enforcing its regulations regarding new off-road vehicles and engines. Accordingly, the Air Resources Board will not seek to enforce the off-highway recreational vehicle regulations until such time as it receives authorization from the U.S. EPA. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, 43105, 43107 and 43205.5, Health and Safety Code. Reference: Sections 43013, 43018, 43101, 43104, 43105, 43107 and 43205.5, Health and Safety Code. s 2411. Definitions. (a) The definitions in Section 1900(b), Chapter 1, Division 3, Title 13 of the California Code of Regulations, apply with the following additions: (1) "All-Terrain Vehicle (ATV)" means any motorized off-highway vehicle 50 inches (1270mm) or less in overall width, designed to travel on four low pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and no passengers. The vehicle is designed to carry not more than 350 pounds (160 kg) payload, excluding the operator, and is powered by an internal combustion engine. Width shall be exclusive of accessories and optional equipment. A golf cart is not, for purposes of this regulation, to be classified as an all-terrain vehicle. (2) "ARB Enforcement Officer" means any employee of the Air Resources Board so designated in writing by the Executive Officer of the Air Resources Board or by the Executive Officer's designee. (3) "Assembly-Line Tests" are those tests or inspections which are performed on or at the end of the assembly-line. (4) "Confirmatory testing" means an ARB directed follow-up emissions test and inspection of the test engine or test vehicle that had been used by the manufacturer to obtain test data for submittal with the certification application. The emissions tests can be conducted at ARB or contracted-out facilities or at the manufacturer's facility. (5) "Crankcase Emissions" means airborne substances emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system. (6) "Emission Control System" includes any component, group of components, or engine modification which controls or causes the reduction of substances emitted from an engine. (7) "End of Assembly-Line" is defined as that place where the final inspection test or quality-audit test is performed by the manufacturer. (8) "Exhaust Emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an engine. (9) "Final Calendar Quarter Production" is defined as the calendar quarter in which the production of an engine family ends. (10) "Fuel System" means the combination of any of the following components: fuel tank, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, evaporative controls and all fuel system vents. (11) "Golf Cart" means a vehicle used to convey equipment and no more than two persons, including the driver, to play the game of golf in an area designated as a golf course. Golf carts are designed to have an unladen weight of less than 1,300 pounds and carry not more than 100 pounds, excluding passengers, accessories and optional equipment. A golf cart is not used for grounds keeping or maintenance purposes. (12) "Manufacturer" means the engine or vehicle manufacturer that applies to have the vehicle or engine certified. (13) "Off-Highway Recreational Vehicle Engines" or "Engines" are identified as: two-stroke or four-stroke, air-cooled, liquid-cooled, gasoline, diesel, or alternate fuel powered engines or electric motors that are designed for powering off-road recreational vehicles and engines included in, but not limited to use in, the following: off-road motorcycles, all-terrain vehicles, and golf carts. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category. (14) "Off-Highway Vehicle (OHV) Area" is defined as a public land area in which the riding of off-highway recreational vehicles is allowed. These areas are managed by public land agencies, such as the California Department of Parks and Recreation, the Bureau of Land Management, the United States Forest Service, cities, counties, and other jurisdictions. (15) "Off-Road Equipment and Vehicle" means any non-stationary device, powered by an internal combustion engine or electric motor, used primarily off the highways, to propel, move, or draw persons or property including any device propelled, moved, or drawn exclusively by human power, and used in, but not limited to the following applications: Marine Vessels, Construction/Farm Equipment, Locomotives, Utility engines and Lawn and Garden Equipment, Off-Road Motorcycles, and Off-Highway Vehicles. (16) "Off-Road Motorcycle" means any two- or three-wheeled vehicle equipped with an internal combustion engine and weighing less than 1,499 pounds. An off-road motorcycle is primarily designed for use off highways. These vehicles are mainly used for recreational riding on dirt trails but are not limited to this purpose. (17) "Scheduled Maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the manufacturer which is performed on a periodic basis to prevent part failure or equipment or engine malfunction, or anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate. (18) "Ultimate Purchaser" means the first person who in good faith purchases or leases a new engine, vehicle, or piece of equipment for purposes other than resale. (19) "Unscheduled Maintenance" means any inspection, adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems which is performed to correct or diagnose a part failure which was not anticipated. (20) "Vehicle Identification Number (VIN)" means an alpha numeric code which has been permanently assigned by the manufacturer to a vehicle. The VIN is unique to each vehicle and may contain information deemed necessary by governing agencies. If a manufacturer cannot obtain a federal VIN from the National Highway Traffic Safety Administration for their vehicles, an alternative VIN approved by the Executive Officer of the Air Resources Board may be used. Unless otherwise noted, the VIN and alternate VIN will follow formats specified in the Code of Federal Regulations 49, Chapter V, Parts 565, 566, and 571, which are incorporated herein by reference. (21) "Zero Emission Vehicle" means any vehicle which produces zero exhaust emissions of any criteria pollutant under any and all possible operational modes. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101 and 43107, Health and Safety Code. Reference: Sections 43013, 43018, 43101 and 43107, Health and Safety Code. s 2412. Emission Standards and Test Procedures - New Off-Highway Recreational Vehicles and Engines. (a) This section applies to all off-highway recreational vehicles and engines used in such vehicles produced on or after January 1, 1997. (b) For purposes of certification in California, manufacturers must comply with the following exhaust emissions from new off-highway recreational vehicles and engines that are sold, leased, used, or introduced into commerce in California. Exhaust emissions must not exceed: Emission Standards Vehicle & Model Hydro- Oxides of Carbon Particulate Year carbon Nitrogen Monoxide Matter [FN1] Off-Road Motorcycles 1.2 [FN2] - 15.0 - and All-Terrain Vehicles with Engines Greater Than 90 cc [FN3] 1997 and Later (g/km) [FN4] Off-Road Motorcycles and 1.2 [FN2] - 15.0 - and All-Terrain Vehicles with Engines 90 cc or Less 1999 and Later (g/km) All-Terrain Vehicle Shall comply with exhaust emission standards Option equivalent to the off-road motorcycle and all- 1997 and Later terrain vehicle standard using the utility test procedures set forth in CCR, Title 13, section 2403, and the incorporated document "California Exhaust Emission Standards and Test Procedures for 1995 and Later Small Off-Road Engines," which is hereby incorporated by reference herein. [FN5] Golf Carts in Federal Ozone Non-Attainment Areas ZERO ZERO ZERO ZERO 1997 and Later Off-Road Motorcycle Vehicles and engines that do not meet the emissions and All-Terrain standards noted above may be certified subject to the Vehicle Option: use restrictions described in subsection (f) below. 1997 and Later Vehicles with Engines Greater Than 90 cc, and 1999 and Later Vehicles with Engines 90 cc or Less ______________ [FN1] Applicable to diesel and two-stroke spark ignited engines only. [FN2] Compliance with the 1.2 grams per kilometer HC standard to be applied as a "corporate average" shall be determined as provided in subsection (d). Each engine family shall have only one applicable standard. [FN3] Cubic centimeter. [FN4] Grams per kilometer. [FN5] Compliance with the equivalent all-terrain vehicle HC standard to be applied as a "corporate average" shall be determined as provided in subsection (d). Each engine family shall have only one applicable standard. (c)(1) The test procedures for determining certification and compliance with the standards for exhaust emissions from new off-road motorcycles, all-terrain vehicles, and golf carts are set forth in "California Exhaust Emission Standards and Test Procedures for 1997 and Later Off-Highway Recreational Vehicles and Engines," adopted November 23, 1994, and last amended October 22, 1999, which are hereby incorporated by reference herein and which in turn incorporate by reference Subparts E and F, Title 40, Code of Federal Regulations. Manufacturers of the following are not required to perform emissions testing, but must file an application of certification and comply with the administrative requirements outlined in the procedures to certify their vehicles for sale in California: (A) Golf carts, (B) Off-road motorcycles and all-terrain vehicles, and engines used in such vehicles, as described in subsection (f) below. (2) The test procedures for determining certification and compliance with the standards for exhaust emissions from all-terrain vehicle engines (those engines utilizing the optional standards noted in (b) above) are set forth in "California Exhaust Emission Standards and Tests Procedures for 1995 and Later Small Off-Road Engines," adopted March 20, 1992, and last amended March 23, 1999. (d) Compliance with a standard to be applied as a "corporate average" shall be determined as follows: n = Off-road motorcycle and all-terrain vehicle engine families. PRODjx = Number of units in engine family j produced for sale in California in model year x STDjx = The manufacturer designated HC exhaust emission standard for engine family j in model year x, which shall be determined by the manufacturer subject to the following conditions: (1) no individual engine family exhaust emission standard shall exceed 2.5 g/km, and (2) no engine family designation or engine family exhaust emission standard shall be amended in a model year after the engine family is certified for the model year, and (3) prior to sale or offering for sale in California, each engine family shall be certified in accordance with "California Exhaust Emissions Standards and Test Procedures for 1997 and Later Off- Highway Recreational Vehicles and Engines" adopted November 23, 1994, and shall be required to meet the manufacturer's designated HC exhaust emission standard as a condition of the certification Executive Order. Prior to certification the manufacturer shall also submit estimated production volumes for each engine family to be offered for sale in California. STDca = A manufacturer's corporate average HC exhaust emissions from those California off-road motorcycles and all-terrain vehicles subject to the California corporate average HC exhaust emissions standard, as established by an Executive Order certifying the California production for the model year. This order must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year and shall include but not be limited to the following requirements: (1) During the manufacturer's production year, for each vehicle produced for sale in California, the manufacturer must provide the following information to the Executive Officer within 30 days after the last day in each calendar quarter: (i) vehicle identification numbers and an explanation of the identification code if applicable; (ii) model number and engine size of vehicle; (iii) the total number of vehicles marketed and produced for sale in California and their applicable designated emissions standards. (2) The manufacturer's average HC exhaust emissions shall meet the corporate average standard at the end of the manufacturer's production for the model year. (3) Production and sale of vehicles which result in non-compliance with the California standard for the model year shall cause a manufacturer to be subject to civil penalties, according to applicable provisions of the Health and Safety Code. All excess emissions resulting from non-compliance with the California standard shall be made up in the following model year. (4) For a period of up to one year following the end of the model year, for each model the manufacturer shall submit California sales and registration data as it becomes available. (e) As an option to the standards set forth in subsection (b) above, exhaust emissions from 1997 and later all-terrain vehicle engines must not exceed the equivalent to the off-road motorcycle and all-terrain vehicle standard using the test procedures set forth in "California Exhaust Emission Standards and Test Procedures for 1995 and Later Small Off-Road Engines", adopted March 20, 1992, and last amended March 23, 1999, which is hereby incorporated by reference herein. (f) Off-road motorcycles and ATVs, and engines used in such vehicles, that do not meet the emissions standards in subsection (b) above may operate only during certain periods of time at certain off-highway vehicle (OHV) riding areas. Section 2415 of this Article lists these California OHV riding areas and their associated riding seasons for off-highway recreational vehicles that are subject to use restrictions. (g)(1) On or after January 1, 1997, no new engines greater than 90 cc may be produced for sale to replace off-road motorcycles, all-terrain vehicles and engines used in such vehicles, unless those engines comply with the emission control standards in effect at the time of replacement. (2) On or after January 1, 1997, manufacturers may not produce for sale in federal ozone non-attainment areas of California new, non-zero emission engines for golf carts. (3) On or after January 1, 1999, no new engines 90 cc or less may be produced for sale to replace off-road motorcycle and all-terrain vehicle engines, unless those engines comply with the emission control standards in effect at the time of replacement. (h) The Executive Officer may find that any off-road motorcycles, all-terrain vehicles or engines used in such vehicles certified to comply with California emission standards and test procedures for on-road or other off-road applications are in compliance with these regulations. (i) No crankcase emissions shall be discharged into the ambient atmosphere from 1997 and later off-road motorcycles, all-terrain vehicles, golf carts, or engines used in such vehicles. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health and Safety Code. Reference: Sections 43013, 43018 and 43107, Health and Safety Code. s 2413. Emission Control Labels - New Off-Highway Recreational Vehicles. All off-road motorcycles, all-terrain vehicles, and engines used in such vehicles, except those certified according to section 2412(f), produced on or after January 1, 1997, for sale, lease, use or introduction into commerce in California, shall comply with the labeling requirements of Title 13, California Code of Regulations, Chapter 1, Article 2, Section 1965, and the incorporated "California Motor Vehicle Emission Control and Smog Index Label Specifications," adopted March 1, 1978, as last amended June 24, 1996 (as corrected September 20, 1996), and which are hereby incorporated by reference herein. Any reference to motorcycles in the incorporated documents applies to off-road motorcycles, all-terrain vehicles, and engines used in such vehicles. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health and Safety Code. Reference: Sections 43013, 43018 and 43107, Health and Safety Code. s 2414. New Off-Highway Recreational Vehicle Engine Emission Standards, Enforcement and Recall Provisions, Warranty, Quality Audit, and New Engine Testing. This section applies to off-road motorcycles, all-terrain vehicles, and engines used in such vehicles, except those certified according to section 2412(f), produced on or after January 1, 1997, for sale, lease, use or introduction into commerce in California. Off-road motorcycles, all-terrain vehicles, and engines used in such vehicles are subject to Title 13, California Code of Regulations, Chapter 2, Articles 2.1 through 2.3, and the incorporated Appendix A, "California In-Use Vehicle Emission-Related Recall Procedures, Enforcement Test Procedures, and Failure Reporting Procedures for 1982 and Subsequent Model-Year Passenger Cars, Light-Duty Trucks, Medium-Duty Vehicles, Heavy-Duty Vehicles and Engines, and Motorcycles", which are incorporated by reference herein. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43105, 43107, 43205.5 and 43210, Health and Safety Code. Reference: Sections 43013, 43018, 43105, 43107, 43205.5 and 43210, Health and Safety Code. s 2415. California Off-Highway Vehicle Areas and Riding Seasons for Off-Highway Recreational Vehicles with Use Restrictions. (a) The following table lists the public off-highway vehicle (OHV) areas of California designated for off-highway recreational vehicle operation, including off-highway motorcycle and ATV operation. Model year 2003 and later off-highway motorcycles and ATVs that are certified pursuant to section 2412(f) are permitted to operate in the areas noted below only during the applicable riding seasons noted. Off-highway motorcycles and ATVs that meet the emissions standards noted in section 2412(b) are not subject to riding season use restrictions. This table contains the following information: OHV area managing entities, OHV area names, and the applicable riding seasons. Table 1 OHV Areas and Their Riding Seasons for Vehicles With Use Restrictions OHV Area Managing Entity [FN1] OHV Area Name Riding Season Department of Parks and Recreation (DPR) Carnegie Nov 1 - Apr 30 Clay Pit Nov 1 - Jun 30 Hollister Hills Oct 1 - May 31 Hungry Valley Oct 1 - Apr 30 Ocotillo Wells Oct 15 - May 15 Oceano Dunes Sep 15 - May 15 Prairie City Oct 15 - Apr 15 Mammoth Bar Oct 1 - May 31 Bureau of Land Management (BLM) Bakersfield District Office Clear Creek Oct 1 - May 31 Management Area Bishop Resource Year-round Area BLM Norcal Fort Sage OHV Area Year-round Samoa Dunes Year-round Black Sands Beach Year-round Chappie-Shasta ORV Oct 1 - May 31 Area South Cow Mountain Year-round Recreational Area Knoxville Recreation Year-round Area California Desert District Office Olancha Dunes Year-round Spangler Hills Oct 1 - May 31 Jawbone Oct 1 - May 31 Canyon/Dove Springs Dumont Dunes Nov 1 - Apr 30 Stoddard Valley Oct 1 - Apr 30 Johnson Valley Oct 1 - Apr 30 Superstition Oct 1 - May 31 Mountain Imperial Sand Dunes Oct 1 - Apr 30 (Glamis/Gecko) Plaster City Oct 1 - May 31 Imperial Sand Dunes Oct 1 - Apr 30 (Buttercup Valley) Lark Canyon Dec 1 - Jan 31 (McCain Valley) Rasor Oct 1 - Apr 30 Imperial Sand Dunes Oct 1 - Apr 30 (Mammoth Wash) El Mirage/Shadow Nov 1 - Mar 15 Mountains Rice Valley Dunes Year-round Parker Strip Year-round United States Forest Service (USFS) Angeles National Forest Mt. Baldy Ranger Dec 1 - Jan 31 District Rowher Flat Nov 1 - Mar 31 Tujunga Ranger Dec 1 - Jan 31 District Littlerock Nov 1 - Mar 31 Cleveland National Forest Corral Canyon Dec 1 - Jan 31 Wildomar Dec 1 - Feb 28/29 [FNa] Eldorado National Forest Mace Mill -Rock Oct 15 - May 31 Creek Barrett Lake Year-round Inyo National Forest Poleta Year-round Lake Tahoe Basin Management Unit Kings Beach Year-round Los Padres National Forest Alamo Mountain Oct 15 - Apr 30 Ballinger Canyon Nov 1 - Mar 15 Black Mountain Oct 1 - Apr 30 (Pozo-LaPanza) Santa Barbara Nov 15 - Mar 15 Ranger District Ortega Trail Nov 15 - Mar 15 Mendocino National Forest Davis Flat Year-round Lake Pillsbury Year-round Elk Mountain Area Year-round Plumas National Forest Gold Lake Year-round Dixie Mountain Year-round Mosquito Year-round Creek/Antelope Lake/Lights Creek/ Canyon Dam Deadman Year-round Springs/Snake Lake Cleghorn Bar/Poker Year-round Flat/La Porte Big Creek/Four Year-round Tees/French Creek/Bucks Summit San Bernardino National Forest Lake Arrowead Area Nov 1 - Feb 28/29 [FNa] Big Bear Lake Area Nov 1 - Feb 28/29 [FNa] San Jacinto Area Nov 1 - Feb 28/29 [FNa] Lytle Creek Area Nov 1 - Feb 28/29 [FNa] Sequoia National Forest Tule River Ranger Nov 1 - Apr 30 District Frog Meadow Area Nov 1 - Apr 30 Kennedy Meadows Year-round Shasta-Trinity National Forest Hayfork Area Year-round McCloud Ranger Year-round District Sierra National Forest Kings River Nov 1 - May 31 Shaver Lake Area Nov 1 - May 31 Hites Cove Nov 1 - May 31 Miami Creek Nov 1 - May 31 Six Rivers National Forest Smith Rivers NRA Year-round Stanislaus National Forest Niagara Ridge Year-round Area/Herring Creek Date Flat Oct 1 - May 31 Area/Moore Creek Area Deer Creek Oct 1 - May 31 Area/Hull Creek Area Corral Hollow/Spicer Oct 1 - May 31 Tahoe National Forest Foresthill OHV Area Oct 1 - May 31 Fordyce Jeep Trail Oct 1 - May 31 Truckee Ranger Year-round District Prosser Hills Area Year-round Downieville Ranger Year-round District Cities, Counties, or other Jurisdictions Frank Raines-Deer Oct 1 - May 31 Creek OHV Park LaGrange ORV Nov 1 - Mar 31 Park Park Moabi Year-round Riverfront Park ORV Year-round Area County of Santa Nov 1 - Apr 30 Clara Motorcycle Park Black Butte Lake Year-round _________ [FN1]1 The OHV area managing entities are indicated initalics, and the managing entity regions are indicated in regular text. [FNa]a In leap years, February 29 is the last day of February. (b) The Executive Officer shall publish in the California Regulatory Notice Register and notify potentially affected OHV Area Managing Entities regarding revisions to Table 1 in subsection (a) at least 30 days before the revisions take effect, in the following situations: (1) The Executive Officer may revise Table 1 in subsection (a) where there is a change in the designation (with respect to California Ambient Air Quality Standards), from zone nonattainment to attainment, of an area in which an OHV area is located, provided that the attainment area is not identified as an upwind contributor to significant impacts to transport of ozone or ozone precursors as identified and defined in Section 70500, Title 17, California Code of Regulations. (2) The Executive Officer may revise Table 1 in subsection (a) to reflect changes in the physical characteristics or identity of OHV Areas, including but not limited to changes in ownership or control of listed areas, addition or deletion of areas, or changes in the geographic domain of listed areas. (c) Within five years from the effective date of adoption or date of implementation, whichever comes later, the Air Resources Board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this section to determine whether it should be retained, revised or repealed. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43107, Health and Safety Code; and Sections 38020 and 38390, Vehicle Code. Reference: Sections 43013, 43018 and 43107, Health and Safety Code; and Governor's Executive Order W144-97. s 2420. Applicability. (a)(1) This article shall be applicable to new heavy-duty off-road compression-ignition engines, including all heavy-duty off-road alternate-fueled compression-ignition engines, including those engines derived from existing diesel cycle engines (hereinafter all such engines shall be referred to as compression-ignition engines), produced on or after January 1, 1996, and all other new 2000 model year and later off-road compression-ignition engines, with the exception of all engines and equipment that fall within the scope of the preemption of Section 209(e)(1) of the Federal Clean Air Act (42 U.S.C. 7543(e)(1) and as defined by regulation of the U.S. Environmental Protection Agency. (2) For any engine that is not a distinctly compression-ignition engine nor derived from such, the Executive Officer shall determine whether the engine shall be subject to these regulations, taking into consideration the relative similarity of the engine's torque-speed characteristics with those of compression-ignition engines. (3) Every new off-road compression-ignition engine that is manufactured for sale, sold, offered for sale, introduced or delivered for introduction into commerce, or imported into California and that is subject to any of the standards prescribed in this article and documents incorporated by reference therein, is required to be certified for use and sale by the manufacturer through the Air Resources Board and covered by an Executive Order, issued pursuant to Chapter 9, Article 4, Section 2423. (b) Each part of this article shall be deemed severable, and in the event that any part of this chapter or article is held to be invalid, the remainder shall continue in full force and effect. (c) This article and documents incorporated by reference herein, include provisions for certification, labeling requirements, warranty, in-use compliance testing, quality-audit testing, and certification testing. (d)(1) For purposes of this article, military tactical vehicles or equipment means vehicles or equipment owned by the U.S. Department of Defense and/or the U.S. military services and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. (2) This article shall not apply to engines used in off-road military tactical vehicles or equipment which have been exempted from regulations under the federal national security exemption, 40 CFR, subpart J, section 89.908. It shall also not apply to those vehicles and equipment covered by the definition of military tactical vehicle that are commercially available and for which a federal certificate of conformity has been issued under 40 CFR Part 89, subpart B. (3) On January 1, 1997, the U.S. Department of Defense shall submit to the ARB a list of all vehicle and equipment types that are exempted under the above provisions and which are located in the State of California. If any additional vehicle and equipment types are added to the list during the previous 12 months, the U.S. Department of Defense shall update the list and submit it to the ARB by January 1 of the following year. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2421. Definitions. (a) The definitions in Section 1900 (b), Chapter 3, Title 13 of the California Code of Regulations, shall apply with the following additions: (1) "1996-1999 Heavy-Duty Test Procedures" means the document entitled "California Exhaust Emission Standards and Test Procedures for New 1996-1999 Heavy-Duty Off-Road Compression-Ignition Engines, Part I-A," which includes the standards and test procedures applicable to 1996-1999 heavy-duty off-road compression-ignition engines, as adopted May 12, 1993, and as amended January 28, 2000. This document is incorporated by reference herein. (2) "1996-1999 Smoke Test Procedures" means the document entitled "California Smoke Test Procedures for New 1996-1999 Off-Road Compression-Ignition Engines, Part III," which includes the standards and test procedures applicable to 1996- 1999 heavy-duty off-road compression-ignition engines, as adopted May 12, 1993, and as amended January 28, 2000. This document is incorporated by reference herein. (3) "2000 Plus Limited Test Procedures" means the document titled "California Exhaust Emission Standards and Test Procedures for New 2000 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part I-B," which includes the standards and test procedures applicable to 2000 and later off-road compression-ignition engines, as adopted January 28, 2000, and as amended October 20, 2005. This document is incorporated by reference herein. (4) "2008 and Later Test Procedures" means the document titled "California Exhaust Emission Standards and Test Procedures for New 2008 and Later Tier 4 Off-Road Compression-Ignition Engines," which includes the standards and test procedures applicable to 2008 and later off-road compression-ignition engines, as adopted October 20, 2005. This document is incorporated by reference herein. (5) "Adjustable parameter" means any device, system, or element of design that is capable of being adjusted manually (even if difficult to access), and which may affect emissions or engine performance during emission testing or normal in-use operation. This includes, but is not limited to, parameters related to injection timing and fueling rate. A parameter that is difficult to access may be excluded upon request to the Executive Officer if the parameter cannot be adjusted to a degree that affects emissions without significantly degrading engine performance, or if demonstrated that it will not be adjusted in a way that affects emissions during in-use operation. (6) "Alternate fuel" means any fuel that will reduce non-methane hydrocarbons (on a reactivity-adjusted basis), NOx, CO, and the potential risk associated with toxic air contaminants as compared to gasoline or diesel fuel and would not result in increased deterioration of the engine. Alternate fuels include, but are not limited to, methanol, ethanol, liquefied petroleum gas, compressed natural gas, and electricity. (7) "ARB Enforcement Officer" means any officer or employee of the Air Resources Board so designated in writing by the Executive Officer (or by his designee). (8) "Assembly-line tests" are those tests or inspections that are performed on or at the end of the assembly-line. (9) "Auxiliary emission-control device" means any element of design that senses temperature, motive speed, engine speed, transmission gear, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of any part of the emission-control system. (10) "Blue Sky Series engine" means an off-road compression-ignition engine meeting the requirements of Section 2423(b)(4). (11) "Calendar year" is defined as the twelve-month period commencing on January 1 through December 31. (12) "Certification" means, with respect to new off-road compression-ignition engines, the obtaining of an Executive Order for an engine family complying with the off-road compression-ignition engine emission standards and requirements specified in this article. (13) "Certified configuration" or "certified emissions configuration" means the assembled state of an engine that is equipped with a complete set of emission-related components and systems that are equivalent from an emissions standpoint (i.e., tolerances, calibrations, and specifications) to those components and systems that (A) were originally installed on the engine when it was issued an Executive Order, (B) have been approved by the engine manufacturer to supersede any of the original emission-related components and systems for that engine, or (C) are direct replacement parts equaling or exceeding the emissions-related performance of the original or superseded components and systems. (14) "Compression-ignition engine" means a type of engine with operating characteristics significantly similar to the theoretical Diesel combustion cycle. The non-use of a throttle to regulate intake flow for controlling power during normal operation is indicative of a compression-ignition engine. A compression-ignition engine may be petroleum-fueled (i.e., diesel-fueled) or alternate-fueled. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1) of the Federal Clean Air Act (42 U.S.C. 7543(e)(1)) and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category. (15) "Constant-speed engine" means (A) for engines subject to the 2000 and Later Plus Limited Test Procedures, an off-road compression-ignition engine that is governed to operate only at rated speed, or (B) for engines subject to the 2008 and Later Test Procedures, an off-road compression-ignition engine certified to operate only at constant speed. Constant-speed operation means engine operation with a governor that controls the operator input to maintain an engine at a reference speed, even under changing load. For example, an isochronous governor changes reference speed temporarily during a load change, then returns the engine to its original reference speed after the engine stabilizes. Isochronous governors typically allow speed changes up to 1.0 %. Another example is a speed-droop governor, which has a fixed reference speed at zero load and allows the reference speed to decrease as load increases. With speed-droop governors, speed typically decreases (3 to 10) % below the reference speed at zero load, such that the minimum reference speed occurs near the engine's point of maximum power. (16) "Crankcase emissions" means airborne substances emitted into the atmosphere from any portion of the engine crankcase ventilation or lubrication system. (17) "Compliance testing" means ARB directed emissions tests and inspections of a reasonable number of production engines and/or vehicles that are offered for sale, or manufactured for sale, in California in order to verify compliance with the applicable certification emission standards. The emissions tests may be conducted at ARB or contracted out facilities or at the manufacturer's facility. The testing will be done at the expense of the manufacturer. (18) "Confirmatory testing" means ARB directed emissions tests and inspections of the test engines and/or test vehicles used by the manufacturer to obtain test data for submittal with the certification application. The emissions tests may be conducted at ARB or contracted out facilities or at the manufacturer's facility. The testing will be done at the expense of the manufacturer. (19) "Dealer" means that person or entity engaged in the selling of new off-road compression-ignition engines, vehicles or equipment to ultimate purchasers. (20) "Deterioration factor" means the relationship between emissions at the end of useful life and emissions at the low-hour test point, expressed in one of the following ways, whichever is applicable: (A) For multiplicative deterioration factors, the ratio of emissions at the end of useful life to emissions at the low-hour test point; (B) For additive deterioration factors, the difference between emissions at the end of useful life and emissions at the low-hour test point. (21) "Diesel cycle engine" means a type of engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The primary means of controlling power output in a diesel cycle engine is by limiting the amount of fuel that is injected into the combustion chambers of the engine. A diesel cycle engine may be petroleum-fueled (i.e., diesel-fueled) or alternate-fueled. (22) "Emission control system" includes any component, group of components, or engine modification that controls or causes the reduction of substances emitted from an engine. (23) "End of assembly line" is defined as that place where the final inspection test or quality-audit test is performed. (24) "Engine manufacturer" or "manufacturer" means any person who is engaged in the manufacturing or assembling of new off-road engines or the importing of new off-road engines for resale and who has been granted certification, or any person who acts for and is under the control of a manufacturer in connection with the distribution of new off-road engines. "Engine manufacturer" or "manufacturer" does not include a dealer who receives new off-road engines for sale in commerce. (25) "Exhaust emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an off-highway engine. (26) "Family emission limit" (FEL) means an emission level that is declared by the manufacturer to serve in lieu of an emission standard for certification purposes and for the averaging, banking, and trading program, as defined in Title 13, California Code of Regulations, Section 2423. A FEL must be expressed to the same number of decimal places as the applicable emission standard. (27) "Final calendar quarter production" is defined as the calendar quarter in which the production of an engine family ends. (28) "First calendar quarter production" is defined as the calendar quarter in which the production of an engine family begins. (29) "Fuel system" means the combination of any of the following components: fuel tank, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, or all fuel system vents. (30) "Gross engine malfunction" is defined as one yielding an emission value greater than the sum of the mean plus three (3) times the standard deviation. This definition shall apply only for determination of control limits. (31) "Heavy-duty off-road compression-ignition engines" or "engines" are identified as: 1996 through 1999 model year diesel or alternate fuel powered diesel cycle internal combustion engines 175 horsepower and greater, operated on or in any device by which any person or property may be propelled, moved or drawn upon a highway, but are primarily used off a highway. The engines are designed for powering construction, farm, mining, forestry and industrial implements and equipment. They are designed to be used in, but are not limited to use in, the following applications: agricultural tractors, backhoes, excavators, dozers, log skidders, trenchers, motor graders, portable generators and compressors and other miscellaneous applications. Specifically excluded from this category are: (A) engines operated on or in any device used exclusively upon stationary rails or tracks; (B) marine diesel engines; (C) internal combustion engines attached to a foundation at a location; (D) transportable engines subject to District permitting rules which have been operated at a location for a period of one year or more on January 1, 1997; and (E) stationary or transportable gas turbines for power generation. (32) "Identification number" means a specification (for example, model, number/serial number combination) that allows a particular off-road compression-ignition to be distinguished from other similar engines. (33) "Marine diesel engine" means a compression-ignition engine that is installed or intended to be installed on a vessel. There are two types of Marine Diesel Engines: (A) Propulsion marine compression-ignition engines, which are those that move or are intended to move a vessel through water or direct the movement of a vessel, and (B) Auxiliary marine diesel engines, which are integral to the vessel, but which do not propel the vessel. This definition includes portable auxiliary marine engines or generators only if their fueling, cooling, or exhaust systems are an integral part of the vessel. (34) "Maximum Engine Power" means the maximum brake power point on the nominal power curve for a specific engine configuration, rounded to the nearest whole kilowatt. The "nominal power curve" of an engine configuration means the relationship between maximum available engine brake power and engine speed for a specific engine configuration, as determined using the mapping procedures specified in Part 1065 of the 2008 and Later Test Procedures, based on the manufacturer's design and production specifications for that engine. This relationship may also be expressed by a torque curve that relates maximum available engine torque with engine speed. The nominal power curve shall be within the normal production variability of actual power curves for production engines of the same engine configuration. This definition of Maximum Engine Power shall be applicable for all references to a specific power value or range of power values with respect to engines subject to the 2008 and Later Test Procedures, except as otherwise noted or permitted by the Executive Officer. Maximum Engine Power shall be used as the basis for categorizing engine families into appropriate Tier 4 power categories. (35) "Maximum Rated Power" means the maximum brake kilowatt output of an engine at rated speed as stated by the manufacturer in the manufacturer's sales and service literature and in the application for certification. Maximum Rated Power shall be used as the basis for categorizing engine families into appropriate Tier 1, Tier 2, and Tier 3 power categories, except as otherwise noted or permitted by the Executive Officer. (36) "Maximum Test Speed" has the same meaning as defined in Part 1065.1001 of the 2008 and Later Test Procedures. (37) "Model year" means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. (38) "Off-road compression-ignition engine": (A) Except as specified in paragraph (B) of this definition, an off-road compression-ignition engine is any internal combustion engine: 1. in or on a piece of equipment that is self-propelled or serves as a dual purpose by both propelling itself and performing another function and is primarily used off the highways (such as garden tractors, off-highway mobile cranes and bulldozers); or 2. in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or 3. that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to wheels, skids, carrying handles, dolly, trailer, or platform. (B) An internal combustion engine is not an off-road compression-ignition engine if: 1. the engine is used to propel a vehicle subject to the emission standards contained in Title 13, California Code of Regulations, Sections 1950-1978, or a vehicle used solely for competition, or is subject to standards promulgated under Section 202 of the federal Clean Air Act (42 U.S.C. 7521); or 2. the engine is regulated by a federal New Source Performance Standard promulgated under Section 111 of the federal Clean Air Act (42 U.S.C. 7511); or 3. the engine otherwise included in paragraph (A)3. of this definition remains or will remain at a location for more than 12 consecutive months or a shorter time for an engine located at a seasonal source. A location is any single site at a building, structure, facility, or installation. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (i.e., at least two years) and that operates at a single location approximately three months (or more) each year. This paragraph does not apply to an engine after the engine is removed from the location. (39) "Off-road vehicle" or "Off-road equipment" means a vehicle or equipment that is powered by an off-road compression-ignition engine. (40) "Off-road vehicle manufacturer" or "Off-road equipment manufacturer" means any person engaging in the manufacturing or assembling of new off-road vehicles or equipment, or importing of new off-road vehicles or equipment for resale, or acting for and under the control of any person in connection with distributing new off-road vehicles and equipment. An off-road vehicle manufacturer or off-road equipment manufacturer does not include a dealer, nor any person engaging in the manufacturing or assembling of new off-road engines or equipment who does not install an engine as part of that manufacturing or assembling process. All off-road vehicle or equipment manufacturing entities that are under the control of the same person are considered to be a single off-road vehicle manufacturer or off-road equipment manufacturer. (41) "Opacity" means the fraction of a beam of light, expressed in percent, which fails to penetrate a plume of smoke. (42) "Otto cycle engine" means a type of engine with operating characteristics significantly similar to the theoretical Otto combustion cycle. The primary means of controlling power output in an Otto cycle engine is by limiting the amount of air and fuel that can enter the combustion chambers of the engine. Gasoline-fueled engines are Otto cycle engines. (43) "PM and Test Cycle Limited Procedures" means the document titled "California Exhaust Emission Standards and Test Procedures for New 1996 and Later Tier 1, Tier 2, and Tier 3 Off-Road Compression-Ignition Engines, Part II," which includes the standards and test procedures applicable for 1996 and later heavy-duty off-road compression-ignition engines, as adopted May 12, 1993, and as amended October 20, 2005. This document is incorporated by reference herein. (44) "Post-manufacture marinizer" means a person who produces a marine compression-ignition engine by substantially modifying a certified or uncertified complete or partially complete engine, and is not controlled by the manufacturer of the base engine or by an entity that also controls the manufacturer of the base engine. For the purpose of this definition, "substantially modify" means changing an engine in a way that could change engine emission characteristics. (45) "Power category" means a specific range of maximum power that defines the applicability of standards. For example, references to the 56-130 kW power category and 56 <= 1.0 liter N/A 3.0 37.0 2003 [FN(2),(3)] [4.0] [49.6] 2004-2006 [FN(4)] > 1.0 liter 3500 hours 3.0 37.0 or 5 years [4.0] [49.6] 2007 and > 1.0 liter 5000 hours 3.0 37.0 subsequent or 7 years [4.0] [49.6] [FNNote:] (1) Standards in grams per kilowatt-hour are given only as a reference. Pollutant emissions reported to ARB by manufacturers must be in grams per brake horsepower-hour. [FN2] Small volume manufacturers are not required to comply with these emission standards. [FN3] Manufacturers must show that at least 25 percent of its California engine sales comply with the standards in 2001, 50 percent in 2002, and 75 percent in 2003. [FN4] The standards for in-use compliance for engine families certified to the standards in the row noted are 4.0 g/bhp-hr (5.4 g/kW-hr) hydrocarbon plus oxides of nitrogen and 50.0 g/bhp-hr (67.0 g/kW-hr) carbon monoxide, with a useful life of 5000 hours or 7 years. In-use averaging, banking, and trading credits may be generated for engines tested in compliance with these in-use compliance standards. If the in-use compliance level is above 3.0 but does not exceed 4.0 g/bhp-hr hydrocarbon plus oxides of nitrogen or is above 37.0 but does not exceed 50.0 g/bhp-hr carbon monoxide, and based on a review of information derived from a statistically valid and representative sample of engines, the Executive Officer determines that a substantial percentage of any class or category of such engines exhibits within the warranty periods noted in Section 2435, an identifiable, systematic defect in a component listed in that section, which causes a significant increase in emissions above those exhibited by engines free of such defects and of the same class or category and having the same period of use and hours, then the Executive Officer may invoke the enforcement authority under Section 2439, Title 13, California Code of regulations to require remedial action by the engine manufacturer. Such remedial action is limited to owner notification and repair or replacement of defective components, without regard to the requirements set forth in Section 2439(b)(5) or Section 2439(c)(5)(B)(vi). As used in the section, the term "defect" does not include failures that are the result of abuse, neglect, or improper maintenance. (2) No crankcase emissions shall be discharged into the ambient atmosphere from any new 2001 or later model year off-road LSI engines. (c) The test procedures for determining certification and compliance with the standards for exhaust emissions from new off-road LSI engines with engine displacement greater than 1.0 liter sold in the state are set forth in "California Exhaust Emission Standards and Test Procedures for New 2001 and Later Off-Road Large Spark-ignition Engines," adopted September 1, 1999. (d) The test procedures for determining certification and compliance with the standards for exhaust emissions from new off-road LSI engines with engine displacement equal to or less than 1.0 liter sold in the state are set forth in "California Exhaust Emission Standards and Test Procedures for 1995 and Later Small Off-Road Engines," as last amended March 23, 1999. (e) Replacement Engines. (1) Reserved (2)(A) Beginning in 2004, a new off-road large spark-ignition engine intended solely to replace an engine in a piece of off-road equipment that was originally produced with an engine manufactured prior to the applicable implementation date as described in paragraph (b), shall not be subject to the emissions requirements of paragraph (b) provided that: (i) The engine manufacturer has ascertained that no engine produced by itself or the manufacturer of the engine that is being replaced, if different, and certified to the requirements of this article, is available with the appropriate physical or performance characteristics to repower the equipment; and (ii) Unless an alternative control mechanism is approved in advance by the Executive Officer, the engine manufacturer or its agent takes ownership and possession of the engine being replaced; and (iii) The replacement engine is clearly labeled with the following language, or similar alternate language approved in advance by the Executive Officer: THIS ENGINE DOES NOT COMPLY WITH CALIFORNIA OFF-ROAD OR ON-HIGHWAY EMISSION REQUIREMENTS. SALE OR INSTALLATION OF THIS ENGINE FOR ANY PURPOSE OTHER THAN AS A REPLACEMENT ENGINE IN AN OFF-ROAD VEHICLE OR PIECE OF OFF-ROAD EQUIPMENT WHOSE ORIGINAL ENGINE WAS NOT CERTIFIED IS A VIOLATION OF CALIFORNIA LAW SUBJECT TO CIVIL PENALTY. (B) At the beginning of each model year, the manufacturer of replacement engines must provide, by engine model, an estimate of the number of replacement engines it expects to produce for California for that model year. (C) At the conclusion of the model year, the manufacturer must provide, by engine model, the actual number of replacement engines produced for California during the model year, and a description of the physical or performance characteristics of those models that indicate that certified replacement engine(s) were not available as per paragraph (A). Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2434. Emission Control Labels - 2001 and Later Off-Road Large Spark-Ignition Engines. (a) Purpose. The Air Resources Board recognizes that certain emissions-critical or emissions-related parts must be properly identified and maintained in order for engines to meet the applicable emission standards. The purpose of these specifications is to require engine manufacturers to affix a label (or labels) on each production engine (or equipment) to provide the engine or equipment owner and service mechanic with information necessary for the proper maintenance of these parts in customer use. (b) Applicability. This section applies to: (1) 2001 and later model year off-road LSI engines with engine displacement greater than 1.0 liter, that have been certified to the applicable emission standards pursuant to Section 2433(b). (2) Engine manufacturers and original equipment manufacturers, as applicable, that have certified such engines. (3) Original equipment manufacturers, regardless of whether they have certified the engine, if their equipment obscures the emission control labels of such certified engines. (4) 2002 and later model year off-road LSI engines with engine displacement less than or equal to 1.0 liter must comply with the applicable labeling specifications set forth in the California Code of Regulations, Title 13, Section 2404. (c) Label Content and Location. (1) A tune-up label made of a permanent material must be welded, riveted or otherwise permanently attached to the engine block or other major component in such a way that it will be readily visible after installation of the engine in the equipment. If the equipment obscures the label on the engine, the equipment manufacturer must attach a supplemental label such that it is readily visible. (2) In selecting an acceptable location, the manufacturer must consider the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). Each label must be affixed in such a manner that it cannot be removed without destroying or defacing the label, and must not be affixed to any part which is likely to be replaced during the equipment's useful life. The label(s) must not be affixed to any component which is easily detached from the engine. (3) In addition, an engine serial number and date of engine manufacture (month and year) must be stamped on the engine block or stamped on a metal label riveted or permanently attached to the engine block. Engine manufacturers must keep records such that the engine serial number can easily be used to determine if an engine was certified for the applicable model year. Alternative engine serial number identification methods or tracking number may be allowed with prior approval from the Executive Officer. (4) The label must be in the English language and use block letters and numerals which must be of a color that contrasts with the background of the label. (5) The label must contain the following information: (A) The label heading must read: "Important Engine Information." (B) Full corporate name and trademark of the manufacturer. (C) "THIS ENGINE IS CERTIFIED TO OPERATE ON (specify operating fuel(s))." (D) Identification of the Exhaust Emission Control System. Abbreviations may be used and must conform to the nomenclature and abbreviations found in the Society of Automotive Engineers document J1930 which is incorporated by reference in Section 1977, Title 13, CCR, entitled "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms". (E) The maintenance specifications and adjustments recommended by the engine manufacturer, including, as applicable: spark plug gap width, valve lash, ignition timing, idle air/fuel mixture setting procedure and value (e.g., idle CO, idle speed drop), and high idle speed. These specifications must indicate the proper transmission position, (if applicable), during tune-up and what accessories, if any, should be in operation, and what systems, if any (e.g., vacuum advance, air pump), should be disconnected during the tune-up. If the manufacturer does not recommend adjustment of the foregoing specifications, the manufacturer must include in lieu of the "specifications" the single statement "No other adjustments needed." For all engines, the instructions for tune-up adjustments must be sufficiently clear on the label to preclude the need for a mechanic or equipment owner to refer to another document in order to correctly perform the adjustments. (F) Any specific fuel or engine lubricant requirement (e.g., research octane number, engine lubricant type). (G) An unconditional statement of compliance with the appropriate model year (for 2001-2003) or (2004 and subsequent) California regulations; for example, "This engine conforms to 2002 California regulations for off-road large spark-ignition engines." or "This engine conforms to 2006 California regulations for off-road large spark-ignition engines." (H) Total engine displacement (in cubic inches and/or liters) of the engine upon which the engine label is attached. (I) The engine family identification (i.e., engine family name and manufacturer's own engine group/code). (6)(A) The manufacturer of any engine certified with a clean fuel (i.e. natural gas ) must at the time of engine manufacture, affix a permanent legible label specifying the appropriate operating fuel(s). (B) The label must be located immediately adjacent to each fuel tank filler inlet and outside of any filler inlet compartment. It must be located so that it is readily visible to any person introducing fuel to such filler inlet; provided, however, that the Executive Officer must upon application from an engine manufacturer, approve other label locations that achieve the purpose of this paragraph. If the engine is manufactured separately from the equipment, the label must be affixed to the engine and located so that it is readily visible. Such labels must be in English and in block letters which must be of a color that contrasts with their background. (d) An engine label may state that the engine or equipment conforms to any applicable federal emission standards for new engines, or any other information that such manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the equipment or engine. (e) Supplemental Engine Label Content and Location. (1) When a final equipment assembly that is marketed to any ultimate purchaser is manufactured and the engine label attached by the engine manufacturer is obscured (i.e., not readily visible), the manufacturer of the final equipment assembly (i.e., original equipment manufacturer) must attach a supplemental engine label upon the engine or equipment. The supplemental engine label must be plastic or metal, and must be welded, riveted or otherwise attached permanently to an area of the engine or equipment assembly so as to be readily visible to the average person. (2) The manufacturer required to attach a supplemental engine label must consider the possibility of accidental damage to the supplemental engine label in the determination of the label location. Such a label must not be attached to any engine or equipment component that is likely to be replaced during the useful life of the engine or equipment (as applicable). Such a label must not be attached to any engine or equipment component that is detached easily from the engine or equipment (as applicable). (3) The supplemental engine label information must be written in the English language and use block letters and numerals (i.e., sans serif, upper-case characters) that must be of a color that contrasts with the background of the label. (4) A supplemental engine label must contain the information as specified in Subsection (c)(4), except that the date of engine manufacture specified in (c)(3) may be deleted from the supplemental engine label. When the date of engine manufacture does not appear on the supplemental engine label, the responsible original equipment manufacturer must display (e.g., label, stamp, etc.) the date elsewhere on the engine or equipment so as to be readily visible. (f) As used in these specifications, readily visible to the average person means that the label must be readable from a distance of eighteen inches (46 centimeters) without any obstructions from equipment or engine parts (including all manufacturer available optional equipment) except for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out of the way without disconnection. Alternatively, information required by these specifications to be printed on the label must be no smaller than 8 point type size (2 millimeter in height) provided that no equipment or engine parts (including all manufacturer available optional equipment), except for flexible parts, obstruct the label. (g) The labels and any adhesives used must be designed to withstand, for the engine's or equipment's total expected life, typical equipment environmental conditions in the area where the label is attached. Typical equipment environmental conditions must include, but are not limited to, exposure to engine fuels, lubricants and coolants (e.g., gasoline, motor oil, water, ethylene glycol). The manufacturer must submit, with its certification application, a statement attesting that its labels comply with these requirements. (h) The manufacturer must obtain approval from the Executive6B Officer for all label formats and locations prior to use. Approval of the specific maintenance settings is not required; however, the format for all such settings and tolerances, if any, is subject to review. If the Executive Officer finds that the information on the label is vague or subject to misinterpretation, or that the location does not comply with these specifications, he or she may require that the label or its location be modified accordingly. (i) Samples of all actual production labels used within an engine family must be submitted to the Executive Officer within thirty days after the start of production. Engine manufacturers must provide samples of their own applicable production labels, and samples of applicable production original equipment manufacturer labels that are accessible to the engine manufacturer due to the direct market arrangement between such manufacturers. (j) The Executive Officer may approve alternate label locations or may, upon request, waive or modify the label content requirements provided that the intent of these specifications is met. (k) The manufacturer of any engine must furnish to the Executive Officer, at the beginning of the model year, any engine identification number coding system which identifies whether such engine(s) are covered by an Executive Order. ( l)(1) If the Executive Officer finds any engine manufacturer using labels that are different from those approved or that do not substantially comply with the readability or durability requirements set forth in these specifications, the engine manufacturer will be subject to revocation or suspension of Executive Orders for the applicable engine families, or enjoined from any further sales, or distribution, of such noncompliant engine families, or subgroups within the engine families, in the State of California pursuant to Section 43017 of the Health and Safety Code. Before seeking to enjoin an engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer. In addition, the engine manufacturer may be subject to, on a per engine basis, any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. (2) If the Executive Officer finds any original equipment manufacturer using labels for which it has responsibility for attaching that are different from those approved or that do not substantially comply with the readability or durability requirements set forth in these specifications, the equipment manufacturer will be subject to being enjoined from any further sales, or distribution, of the applicable equipment product line that uses such noncompliant labels in the State of California pursuant to Section 43017 of the Health and Safety Code. Before seeking to enjoin an equipment manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer. In addition, the equipment manufacturer may be subject to, on a per engine basis, any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. Note: Authority cited: Sections 39600, 39601, 43013, 43017, 43018, 43101, 43102, and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2435. Defects Warranty Requirements for 2001 and Later Off-Road Large Spark-Ignition Engines. (a) Applicability. This section applies to new 2001 and later model year off-road large spark-ignition engines with engine displacement greater than 1.0 liter that are certified to the applicable emission standards pursuant to Section 2433(b). The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser. The use of alternative fuels must not void the warranties on any engine certified to use such fuel. 2002 and later model year off-road LSI engines with engine displacement less than or equal to 1.0 liter must comply with the applicable warranty requirements set forth in the California Code of Regulations, Title 13, Section 2405. (b) General Emissions Warranty Coverage. The manufacturer of each off-road large spark-ignition engine must warrant to the ultimate purchaser and each subsequent purchaser that the engine is: (1) Designed, built, and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code; and (2) Free from defects in materials and workmanship which cause the failure of a warranted part to be identical in all material respects to the part as described in the engine manufacturer's application for certification for a period of: (A) 2 years or 1,500 hours, whichever occurs first, for 2001-2003 model year certified engines having engine displacement greater than 1.0 liter. (B) 3 years or 2,500 hours, whichever occurs first, for 2004 and later model year engines having engine displacement greater than 1.0 liter. (3) Free from defects in materials and workmanship which cause the failure of a high-cost warranted part to be identical in all material respects to the part as described in the engine manufacturer's application for certification for 2004 and later model year engines having engine displacements greater than 1.0 liter, for a period of five years or 3,500 hours of operation, whichever occurs first. (A) Each manufacturer shall identify in its application for certification the "high-priced" warranted parts which (i) are included on the Board's "Emission Warranty Parts List" as last amended February 22, 1985, incorporated herein by reference, and (ii) have an individual replacement cost, at the time of certification, exceeding the cost limit defined in subsection (B). The replacement cost shall include the cost of the part, labor and standard diagnosis. The costs shall be those of the highest-cost metropolitan area of California. (B) The dollar value of a high cost part shall be based on the following formula: Cost Limitn = $300 * ( CPI n-2 /118.3) where, Cost Limitn is the cost limit for the applicable model year of the engine rounded to the nearest ten dollars. n is the model year of the new engines. n-2 is the calendar year two years prior to the model year of the new engines. CPI= is the annual average nationwide urban consumer price index published by the United States Bureau of Labor Statistics. (C) The cost limit shall be reviewed annually by the Executive Officer. The highest-cost metropolitan area in California shall be identified by the Executive Officer for use in this subsection. If a manufacturer seeks certification of an engine before the applicable annual average CPI is available, the cost limit shall be calculated using the average of the monthly nationwide urban CPI figures for the most recent twelve month period for which figures have been published by the United States Bureau of Labor Statistics. (D) Each manufacturer shall submit to the Executive Officer the documentation used to identify the "high-priced" warranted parts required in this subsection. The documentation shall include the estimated retail parts costs, labor rates in dollars per hour, and the labor hours necessary to diagnosis and replace the parts. (4) In the absence of a device to measure hours of use, the engine must be warranted for a period of the years noted above in subsections (2) and (3). If a device to measure hours is used, the engine must be warranted for the number of hours or the number of years noted above in subsections (2) and (3), whichever occurs first. (c) The warranty on emissions-related parts must be interpreted as follows: (1) Any warranted part that is not scheduled for replacement as required maintenance in the written instructions required by Subsection (e) must be warranted for the warranty period defined in Subsection (b)(2) and (b)(3). If any such part fails during the period of warranty coverage, it must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under the warranty must be warranted for the remaining warranty period. (2) Any warranted part that is scheduled only for regular inspection in the written instructions required by Subsection (e) must be warranted for the warranty period defined in Subsection (b)(2) and (b)(3). A statement in such written instructions to the effect of "repair or replace as necessary" must not reduce the period of warranty coverage. Any such part repaired or replaced under warranty must be warranted for the remaining warranty period. (3) Any warranted part that is scheduled for replacement as required maintenance in the written instructions required by Subsection (e) must be warranted for the period of time prior to the first scheduled replacement point for that part. If the part fails prior to the first scheduled replacement, the part must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under warranty must be warranted for the remainder of the period prior to the first scheduled replacement point for the part. (4) Repair or replacement of any warranted part under the warranty provisions of this article must be performed at no charge to the owner at a warranty station. (5) Notwithstanding the provisions of Subsection (4) above, warranty services or repairs must be provided at all manufacturer distribution centers that are franchised to service the subject engines. (6) The owner must not be charged for diagnostic labor that leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station. (7) The engine manufacturer must be liable for damages to other engine components proximately caused by a failure under warranty of any warranted part. (8) Throughout the engine's warranty period defined in Subsection (b)(2) and (b)(3), the engine manufacturer must maintain a supply of warranted parts sufficient to meet the expected demand for such parts. (9) Any replacement part, as defined in Section 1900(b)(13), Title 13, may be used in the performance of any maintenance or repairs and must be provided without charge to the owner. It is not necessary for replacement parts to be the same brand or by the same manufacturer as the original part sold with the engine. Such use must not reduce the warranty obligations of the engine manufacturer. (10) Add-on or modified parts, as defined in Section 1900(b)(1) and (b)(10), Title 13, that are not exempted by the Air Resources Board may not be used. The use of any non-exempted add-on or modified parts will, at the discretion of the engine manufacturer, be grounds for disallowing a warranty claim made in accordance with this article. The engine manufacturer must not be liable under this article to warrant failures of warranted parts caused by the use of a non-exempted add-on or modified part. (11) The Executive Officer may request and, in such case, the engine manufacturer must provide, any documents that describe that manufacturer's warranty procedures or policies. (d) Each manufacturer must include a copy of the following emission warranty parts list with each new engine, using those portions of the list applicable to the engine. (1) Fuel Metering System (A) Fuel injection system. (B) Air/fuel ratio feedback and control system. (C) Carburetor system (internal parts and/or pressure regulator or fuel mixer or injection system). (D) Cold start enrichment system. (2) Air Induction System (A) Intake manifold or air intake system. (B) Air mass sensor assembly. (C) Turbocharger/supercharger systems. (3) Exhaust Gas Recirculation (EGR) System (A) EGR valve body, and carburetor spacer if applicable. (B) EGR rate feedback and control system. (4) Air injection System (A) Air pump or pulse valve. (B) Valves affecting distribution of flow. (C) Distribution manifold. (5) Catalyst or Thermal Reactor System (A) Catalytic converter. (B) Thermal reactor. (C) Exhaust manifold. (6) Positive Crankcase Ventilation (PCV) System. (A) PCV Valve. (B) Oil Filler Cap. (7) Ignition Control System (A) Engine Control Module (ECM). (B) Ignition module(s). (8) Miscellaneous items Used in Above Systems (A) Vacuum, temperature, and time sensitive valves and switches. (B) Sensors used for electronic controls. (C) Hoses, belts, connectors, assemblies, clamps, fittings, tubing, sealing gaskets or devices, and mounting hardware. (D) Pulleys, belts and idlers. (e) Each manufacturer must furnish with each new engine written instructions for the maintenance and use of the engine by the owner. The instructions must be consistent with this article and applicable regulations contained herein. (f) Each manufacturer must submit the documents required by Subsections (d) and (e) with the manufacturer's preliminary application for engine certification for approval by the Executive Officer. Approval by the Executive Officer of the documents required by Subsections (d) and (e) must be a condition of certification. The Executive Officer must approve or disapprove the documents required by Subsections (d) and (e) within 90 days of the date such documents are received from the manufacturer. Any disapproval must be accompanied by a statement of the reasons therefor. In the event of disapproval, the manufacturer may file for an adjudicative hearing under Title 17, California Code of Regulation, Division 3, Chapter 1, Subchapter 1.25 to review the decision of the Executive Officer. (g) In the application, each manufacturer must include a statement concerning proper maintenance of the engine to maximize emissions performance. The statement must include, but not be limited to, information on air filter care and replacement schedule, proper fueling and fuel mixing, engine maintenance, and a maintenance schedule to ensure that the owner returns to a servicing center to check for deposits, debris build- up, etc. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2436. Emission Control System Warranty Statement. (a) Each manufacturer must furnish a copy of the following statement with each new off-road large spark-ignition engine with engine displacement greater than 1.0 liter, that have been certified to the applicable emission standards pursuant to Section 2433(b), using those portions of the statement applicable to the engine. Each manufacturer must furnish a copy of the warranty statement as set forth in the California Code of Regulations, Title 13, Section 2406(a) with each new off-road large spark-ignition engine with engine displacement less than or equal to 1.0 liter, using those portions of the statement applicable to the engine. CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT YOUR WARRANTY RIGHTS AND OBLIGATIONS The California Air Resources Board (and manufacturer's name, optional) is pleased to explain the emission control system warranty on your (model year(s)) (equipment type or off-road large spark-ignition) engine. In California, new off-road large spark-ignition (LSI) engines must be designed, built and equipped to meet the State's stringent anti-smog standards. (Manufacturer's name) must warrant the emission control system on your engine for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of your engine. Your emission control system may include parts such as the carburetor, regulator or fuel-injection system, ignition system, engine computer unit (ECM), catalytic converter and air induction system. Also included may be sensors, hoses, belts, connectors and other emission-related assemblies. Where a warrantable condition exists, (manufacturer's name) will repair your LSI engine at no cost to you including diagnosis, parts and labor. MANUFACTURER'S WARRANTY COVERAGE: The (model year(s)) off-road large spark-ignition engines are warranted for (warranty period). If any emission-related part on your engine is defective, the part will be repaired or replaced by (manufacturer's name). OWNER'S WARRANTY RESPONSIBILITIES: - As the off-road LSI engine owner, you are responsible for the performance of the required maintenance listed in your owner's manual. (Manufacturer's name) recommends that you retain all receipts covering maintenance on your off-road engine, but (manufacturer's name) cannot deny warranty solely for the lack of receipts or for your failure to ensure the performance of all scheduled maintenance. - As the off-road large spark-ignition engine owner, you should however be aware that (manufacturer's name) may deny you warranty coverage if your off-road large spark-ignition engine or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications. - Your engine is designed to operate on (specific fuel(s)).Use of any other fuel may result in your engine no longer operating in compliance with California's emissions requirements. - You are responsible for initiating the warranty process. The ARB suggests that you present your off-road large spark-ignition engine to a (manufacturer's name) dealer as soon as a problem exists. The warranty repairs should be completed by the dealer as expeditiously as possible. If you have any questions regarding your warranty rights and responsibilities, you should contact (Insert chosen manufacturer's contact) at 1-XXX-XXX-XXXX. (b) Warranty statement furnishing requirements. (1) Commencing with the 2001 model year for large off-road large spark-ignition engines with engine displacement greater than 1.0 liter, each manufacturer must furnish with each new engine a warranty statement that generally describes the obligations and rights of the engine manufacturer and owner under this article. Engine manufacturers must also include in the warranty statement a phone number the customer may use to obtain their nearest franchised service center. (2) Commencing with the 2002 model year for large off-road large spark-ignition engines with engine displacement less than or equal to 1.0 liter, each manufacturer must furnish with each new engine a warranty statement as set forth in the California Code of Regulations, Title 13, Section 2406(b). (c) Each manufacturer must submit the documents required by Subsections (a) and (b) with the manufacturer's preliminary application for new engine certification for approval by the Executive Officer. The Executive Officer may reject or require modification of the documents to the extent the submitted documents do not satisfy the requirements of Subsections (a) and (b). Approval by the Executive Officer of the documents required by Subsections (a) and (b) must be a condition of certification. The Executive Officer must approve or disapprove the documents required by Subsections (a) and (b) within 90 days of the date such documents are received from the manufacturer. Any disapproval must be accompanied by a statement of the reasons therefor. In the event of disapproval, the manufacturer may petition the Board to review the decision of the Executive Officer. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2437. New Engine Compliance and Production Line Testing - New Off-Road Large Spark-Ignition Engines Selection, Evaluation, and Enforcement Action. (a) Compliance Test Procedures (1) These procedures apply, commencing with the 2001 model year, to any large off-road spark-ignition engine family group (as defined in Sections 2 and 11 of the "California Exhaust Emission Standards and Test Procedures for New 2001 and Later Off-Road Large Spark-ignition Engines") or any subgroup within an engine family group selected for compliance testing pursuant to this section, with an engine displacement greater than 1.0 liter, that have been certified to the applicable emission standards pursuant to Section 2433(b). 2002 and later model year large off-road spark-ignition engines with engine displacement less than or equal to 1.0 liter must comply with the new engine compliance test procedures set forth in the California Code of Regulations, Title 13, Section 2407. (2) The Executive Officer may, with respect to any new engine family group or subgroup being sold, offered for sale, or manufactured for sale in California, order an engine manufacturer to make available for compliance testing and/or inspection a reasonable number of engines, and may direct that the engines be delivered to the state board at the Haagen- Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where specified by the Executive Officer. The Executive Officer may also, with respect to any new engine family group or subgroup being sold, offered for sale, or manufactured for sale in California, have a manufacturer compliance test and/or inspect a reasonable number of engines at the manufacturer's facility under the supervision of an ARB Enforcement Officer. Engines must be representatively selected from sources specified by the Executive Officer according to a method approved by him/her, that insofar as practical must exclude engines that would result in an unreasonable disruption of the manufacturer's distribution system. To the extent practical, the Executive Officer must test a representative configuration (as defined in Section 3 of the "California Exhaust Emission Standards and Test Procedures for New 2001 and Later Off-Road Large Spark-ignition Engines") from the engine family group in order to minimize manufacturers' expense and inconvenience in testing different engine configurations. A subgroup of an engine family group may be selected for compliance testing only if the Executive Officer has reason to believe that the emissions characteristics of that subgroup are substantially in excess of the emissions of the engine family group as a whole. (3) For all 2001 and subsequent model year off-road large spark-ignition engines selected for compliance testing, the selection and testing of engines and the evaluation of data must be made in accordance with the procedures set forth herein. (4) For manufacturers that have more than one engine family group, the Air Resources Board or its designated laboratory may procure and test at the manufacturer's expense no more than one engine family group per year, if compliance testing is required. Notwithstanding the above, if a manufacturer fails to demonstrate compliance with the emission standards after one engine family group has been tested, the ARB or its designated laboratory may test additional engine family groups at the manufacturer's expense, until compliance is demonstrated on one engine family group or all of a manufacturer's engine family groups have been tested. However, the ARB may conduct engine enforcement testing pursuant to the engine test procedures specified in Section 2433, at its own expense. In such an instance, the Executive Officer must order testing only in those cases where evidence such as production line test data or in-use test data indicate that engines may not be in compliance. (5) All testing must be conducted in accordance with the applicable model year certification emission test procedures. Break-in before testing may be performed on test engines to the same extent it is performed on production-line testing engines (See subsection (b)). No break-in or modifications, adjustments, or special preparation or maintenance will be allowed on engines chosen for compliance testing without the written consent of the Executive Officer. Such consent must not be unreasonably withheld where such adjustment or alteration is required to render the engine testable and reasonably operative. (6) If the manufacturer elects to specify a different break-in or adjustments, they will be performed by the manufacturer under the supervision of ARB personnel. (7) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the engine is permitted only after testing the engine, except where 100 percent of the manufacturer's production is given that inspection or maintenance by the manufacturer's own personnel. Exceptions are allowed in the cases where the damage results in the engine being unsafe to operate, inoperable, or unable to complete the emission test. Additionally, an exception is allowed if the damage results in engine performance deficiencies that would be obvious in customer service and that would cause the customer to seek repair of the engine. The manufacturer may request that the engine be repaired from shipping damage, and be retested. If the Executive Officer concurs, the engine may be retested, and the original test results may be replaced by the after-repair test results. (8) Engines must be randomly chosen from the selected engine family group or subgroup. Prior to the start of testing, manufacturers must indicate that sampling plan (as described in paragraphs (9) and (10), below) they will use. Once testing has begun, manufacturers may not switch to the other sampling plan; the generated test results will be final. Each chosen engine must be tested according to the "California Exhaust Emission Standards and Test Procedures for New 2001 and Later Off-Road Large Spark-ignition Engines" ( "Test Procedures") to determine its emissions. Unique specialty hardware and personnel normally necessary to prepare the engine for the performance of the test as set forth in the Test Procedures must be supplied by the manufacturer within seven days after request. Failure to supply this unique specialty hardware or personnel may not be used by the manufacturer as a cause for invalidation of the subsequent tests. (9) Engines must be tested in groups of five until a "Pass" or Fail" decision is reached for each pollutant independently for the engine family or subgroup in accordance with the following table: Decide "Fail" Decide "Pass" Number of If "U" is greater If "U" is less than Engines Tested than or equal to or equal to 5 2.18 -0.13 10 2.11 0.51 15 2.18 0.88 20 2.29 1.16 xi = the projected emissions of one pollutant for the ith engine tested. <>o = the applicable calendar year emission standard for that pollutant. n = the number of engines tested. (10) The Executive Officer will find that a group of engines has failed the compliance testing pursuant to the above table if the Executive Officer finds that the average emissions of the engines within the selected engine family or subgroup exceed the applicable calendar year new engine emission standard for at least one pollutant. (11) If no decision for a pollutant or pollutants can be reached after 20 engines have been tested, the Executive Officer will not make a "Fail" decision for the selected engine family or subgroup on the basis of these 20 tests alone. Under these circumstances the Executive Officer will elect to test 10 additional engines. If the average emissions from the 30 engines tested exceed any one of the exhaust emission standards for which a "Pass" decision has not been previously made, the Executive Officer will render a "Fail" decision. (12) If the Executive Officer determines, in accordance with the procedures set forth in Subsection (a) that an engine family, or any subgroup within an engine family, exceeds the emission standards for one or more pollutants, the Executive Officer will: (A) Notify the engine manufacturer that the engine manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution of the noncompliant engines in the State of California, or enjoined from any further sales or distribution, of the noncompliant engines in the State of California pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an engine manufacturer, the Executive Officer will consider production line test results, if any, and any additional test data or other information provided by the engine manufacturer and other interested parties. In addition, the engine manufacturer may be subject to, on a per engine basis, any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. (B) Notify the equipment manufacturer that the equipment manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution of the noncompliant engines in the State of California, or being enjoined from any further sales, or distribution, of the equipment manufacturer's equipment product line(s) that are, or utilize engines that are, noncompliant with the applicable emission regulations pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an equipment manufacturer, the Executive Officer will consider production line test results, if any, and any additional test data or other information provided by the equipment manufacturer and other interested parties. In addition, the equipment manufacturer may be subject to, on a per engine basis, any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. (13) Engines selected for inspection must be checked to verify the presence of those emissions-related components specified in the engine manufacturer's application for certification, and for the accuracy of any adjustments, part numbers and labels specified in that application. If any engine selected for inspection fails to conform to any applicable law in Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, or any regulation adopted by the state board pursuant thereto, other than an emissions standard applied to new engines to determine "certification" as specified in Chapter 9, the Executive Officer will: (A) Notify the engine manufacturer and may seek to revoke or suspend the Executive Order authorizing sales and distribution or enjoin the engine manufacturer from any further sales, or distribution, of the applicable noncompliant engine families or subgroups within the engine families in the State of California pursuant to Section 43017 of the Health and Safety Code. Before revoking or suspending the Executive Order authorizing sales and distribution of the applicable noncompliant engine families or subgroups within the State of California, or seeking to enjoin an engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer and other interested parties. In addition, the engine manufacturer may be subject to, on a per engine basis, any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. (B) Notify the equipment manufacturer and may seek to revoke or suspend the Executive Order authorizing sales and distribution or enjoin the equipment manufacturer from any further sales, or distribution, in the State of California of the equipment manufacturer's equipment product line(s) that are, or utilize engines that are, noncompliant with the applicable emission regulations pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order authorizing sales and distribution of the applicable noncompliant equipment, or seeking to enjoin an equipment manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer and other interested parties. In addition, the equipment manufacturer may be subject to, on a per engine basis, any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. (b) 2001 and Subsequent Model Cumulative Sum Production Line Test Procedures (1) The 2001 and subsequent model year off-road large spark-ignition engines with an engine displacement of greater than 1.0 liter, that have been certified to the applicable emission standards pursuant to Section 2433(b), are subject to production line testing performed according to the requirements specified in this section. The 2002 and subsequent model year off-road large spark-ignition engines with an engine displacement of less than or equal to 1.0 liter, that have been certified for sale in California, must comply with production line testing performed according to the requirements set forth in the California Code of Regulations, Title 13, Section 2407. (A) Standards and Test Procedures. The emission standards, exhaust sampling and analytical procedures are those described in the Test Procedures, and are applicable to engines tested only for exhaust emissions. The production line test procedures are specified in conjunction with the Test Procedures. An engine is in compliance with these production line standards and test procedures only when all portions of these production line test procedures and specified requirements from the Test Procedures are fulfilled, except any adjustable engine parameters may be set to any value or position that is within the range available to the ultimate purchaser. (B) Air Resources Board (ARB) personnel and mobile laboratories must have access to engine or equipment assembly plants, distribution facilities, and test facilities for the purpose of engine selection, testing, and observation. Scheduling of access must be arranged with the designated engine manufacturer's representative and must not unreasonably disturb normal operations (See Test Procedures). (2) Engine Sample Selection. (A) At the start of each quarter for the model year, the engine manufacturer will begin to randomly select engines from each engine family for production line testing, according to the criteria specified herein. The engines must be representative of the engine manufacturer's California sales. Each engine will be selected from the end of the assembly line. All engine models within the engine family must be included in the sample pool. Each selected engine for production line testing must pass the inspection test, by being equipped with the appropriate emission control systems certified by the ARB. The procedure for randomly selecting engines or units of equipment must be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA, 91731, prior to the start of production for the first year of production. (i) For newly certified engine families: After two engines are tested, the manufacturer will calculate the required sample size for the model year according to the Sample Size Equation in paragraph (4) of this subsection. (ii) For carry-over engine families: After one engine is tested, the manufacturer will combine the test with the last test result from the previous model year and then calculate the required sample size for the model year according to the Sample Size Equation in paragraph (4) of this subsection. (iii) Beginning with the 2006 model year, a manufacturer may annually request of the Executive Officer a reduction in production line testing for an engine family. In making such request, the manufacturer must demonstrate that the engine family's production line test data is consistent and in-use compliance data is consistent for the previous year(s) and in compliance with the emission standards in Section 2433. If the Executive Officer determines that a reduction is warranted, the manufacturer may test as few as one production engine during the subject model year. (B) Engine manufacturers must provide actual California sales, or other information acceptable to the Executive Officer, including, but not limited to, an estimate based on market analysis and federal production or sales. (3) Engine Preparation and Preconditioning (A) No emissions tests may be performed on an engine prior to the first production line test. (B) The engine or unit of equipment must be tested after the engine manufacturer's recommended break-in period. The engine manufacturer must submit to the Executive Officer the schedule for engine break-in and any changes to the schedule with each quarterly report. This schedule must be adhered to for all production line testing within an engine family and subgroup or engine family and assembly plant as appropriate. (C) If an engine or unit of equipment is shipped to a remote facility for production line testing, and adjustment or repair is necessary because of such shipment, the engine manufacturer must perform the necessary adjustments or repairs only after the initial test of the engine or equipment. Engine manufacturers must report to the Executive Officer in the quarterly report, all adjustments or repairs performed on engines or equipment prior to each test. In the event a retest is performed, a request may be made to the Executive Officer, within ten days of the production quarter, for permission to substitute the after-repair test results for the original test results. The Executive Officer will either affirm or deny the request by the engine manufacturer within ten working days from receipt of the request. (D) If an engine manufacturer determines that the emission test results of an engine or unit of equipment are invalid, the engine or equipment must be retested. Emission results from all tests must be reported. The engine manufacturer must include a detailed report on the reasons for each invalidated test in the quarterly report. (4)(A) Manufacturers will calculate the required sample size for the model year for each engine family using the Sample Size Equation below. N is calculated from each test result. The number N indicates the number of tests required for the model year for an engine family. N, is recalculated after each test. Test results used to calculate the variables in the Sample Size Equation must be final deteriorated test results as specified in (d)(3). Where: N = required sample size for the model year. t95 = 95% confidence coefficient. It is dependent on the number of tests completed, n, as specified in the table in paragraph (C) of this section. It defines one-tail, 95% confidence intervals. <> = test sample standard deviation calculated from the following equation: Where: Xi = emission test result for an individual engine x = mean of emission test results of the sample STD = emission standard n = The number of tests completed in an engine family (B) Reserved (C) Number of Tests (n) & 1-tail Confidence Coefficients (t 95) n t95 n t95 n t95 2 6.31 12 1.80 22 1.72 3 2.92 13 1.78 23 1.72 4 2.35 14 1.77 24 1.71 5 2.13 15 1.76 25 1.71 6 2.02 16 1.75 26 1.71 7 1.94 17 1.75 27 1.71 8 1.90 18 1.74 28 1.70 9 1.86 19 1.73 29 1.70 10 1.83 20 1.73 30 1.70 11 1.81 21 1.72 <> 1.645 (D) A manufacturer must distribute the testing of the remaining number of engines needed to meet the required sample size N, evenly throughout the remainder of the model year. (E) After each new test, the required sample size, N, is recalculated using updated sample means, sample standard deviations and the appropriate 95% confidence coefficient. (F) A manufacturer must continue testing and updating each engine family's sample size calculations according to paragraphs (4)(A) through (4)(F) of this section until a decision is made to stop testing as described in paragraph (4)(G) of this section or a noncompliance decision is made pursuant to (c)(6). (G) If, at any time throughout the model year, the calculated required sample size, N, for an engine family is less than or equal to the sample size, n, and the sample mean, x, for HC + NOx is less than or equal to the emission standard, the manufacturer may stop testing that engine family. (H) If, at any time throughout the model year, the sample mean, x, for HC + NOx is greater than the emission standard, the manufacturer must continue testing that engine family at the appropriate maximum sampling rate. (I) The maximum required sample size for an engine family (regardless of the required sample size, N, as calculated in paragraph (4)(A) of this section) is thirty tests per model year. (J) Manufacturers may elect to test additional randomly chosen engines. All additional randomly chosen engines tested in accordance with the testing procedures specified in Emission Standards and Test Procedures must be included in the Sample Size and Cumulative Sum equation calculations as defined in section (b), respectively. (K) Small volume manufacturers may limit the number of engines tested to one percent of their California production. Compliance would be determined based on the available test data. (5) The manufacturer must produce and assemble the test engines using its normal production and assembly process for engines to be distributed into commerce. (6) No quality control, testing, or assembly procedures will be used on any test engine or any portion thereof, including parts and subassemblies, that have not been or will not be used during the production and assembly of all other engines of that family, unless the Executive Officer approves the modification in production or assembly procedures. (c) Calculation of Cumulative Sum (CumSum) Statistic. Each engine manufacturer must review the test results using the following procedure: (1) Manufacturers must construct the following CumSum equation for each regulated pollutant for each engine family. Test results used to calculate the variables in the CumSum Equation must be final deteriorated test results as defined in (d)(3). Ci = max[0 OR ( Ci-l + Xi -(STD + F)) ] Where: Ci = The current CumSum statistic Ci-1 = The previousCumSum statistic. Prior to any testing, the CumSum statistic = 0 (i.e. C 0 = 0) Xi = The current emission test result for an individual engine STD = Emission standard F = 0.25 x (2) After each test, Ci is compared to the action limit, H, the quantity which the CumSum statistic must exceed, in two consecutive tests, before the engine family may be determined to be in noncompliance for purposes of paragraph (c). H = The Action Limit. It is 5.0 x <>, and is a function of standard deviation, <> <> = is the sample standard deviation and is recalculated after each test. (3) After each engine is tested, the CumSum statistic shall be promptly updated according to the CumSum Equation in paragraph (1) of this subsection. (4) If, at any time during the model year, a manufacturer amends the application for certification for an engine family as specified in Sections 17 and 18 of the Test Procedures by performing an engine family modification (i.e. a change such as a running change involving a physical modification to an engine, a change in specification or setting, the addition of a new configuration, changes in calibration, or the use of a different deterioration factor), all previous sample size and CumSum statistic calculations for the model year will remain unchanged. (5) A failed engine is one whose final deteriorated test result for a regulated pollutant exceeds the emission standard for that pollutant. (6) An engine family may be determined to be in noncompliance, if at any time throughout the model year, the CUMSUM statistic, C i, for a regulated pollutant is greater than the action limit, H, for two consecutive tests. (7) The engine manufacturer must perform a minimum of two (2) tests per engine family per quarter of production, regardless of whether the conditions of sample size have been met. (8) All results from the previous quarters of the same model year must be included in the on-going Cumulative Sum analysis, provided that the engine family has not failed (e.g., if three engines of a family were tested in the first quarter, the first test of the second quarter would be considered as the fourth test). (9) If the Cumulative Sum analysis indicates that an engine family has failed, the engine manufacturer must notify the Chief of the Mobile Source Operations Division in writing and by telephone, within ten (10) working days. Corrective action will be taken as noted in paragraphs (e) and (f) below. (10) If a manufacturer performs corrective action on a failed engine family and then resumes production, all previous tests will be void, and Cumulative Sum analysis will begin again with the next test. (11) At the end of the quarter, or when the Cumulative Sum analysis indicates that a decision has been made, the manufacturer must provide all the data accumulated during the quarter. (d) Calculation and reporting of test results. (1) Initial test results are calculated following the applicable test procedure. The manufacturer rounds these results, in accordance with ASTM E29- 93a, to the number of decimal places contained in the applicable emission standard expressed to one additional significant figure. (ASTM E29-93a has been incorporated by reference.) (2) Final test results are calculated by summing the initial test results derived in paragraph (a) of this section for each test engine, dividing by the number of tests conducted on the engine, and rounding in accordance with ASTM E29-93a to the same number of decimal places contained in the applicable standard expressed to one additional significant figure. (3) The final deteriorated test results for each test engine are calculated by applying the appropriate deterioration factors, derived in the certification process for the engine family, to the final test results, and rounding in accordance with ASTM E29-93a to the same number of decimal places contained in the applicable standard expressed to one additional significant figure. (4) If, at any time during the model year, the CumSum statistic exceeds the applicable action limit, H, in two consecutive tests, the engine family may be determined to be in noncompliance and the manufacturer must notify the Chief of Mobile Sources Operations Division and the Manager of the New Vehicle Audit Section, 9528 Telstar Ave., El Monte, CA 91731, within ten (10) working days of such exceedance by the Cum Sum statistic. (5) Within 30 calendar days of the end of each quarter, each engine manufacturer must submit to the Executive Officer a report which includes the following information: (A) The location and description of the manufacturer's or other's exhaust emission test facilities which were utilized to conduct testing reported pursuant to this section; (B) Total production and sample sizes, N and n, for each engine family; (C) The applicable emissions standards for each engine family. (D) A description of the process to obtain engines on a random basis; (E) A description of the test engines. (i.e., date of test, engine family, engine size, engine or equipment identification number, fuel system, dynamometer power absorber setting in horsepower, engine code or calibration number, and test location). (F) The date of the end of the engine manufacturer's model year production for each engine family. (G) For each test conducted, (i) A description of the test engine, including: (a) Configuration and engine family identification, (b) Year, make, and build date, (c) Engine identification number, and (d) Number of hours of service accumulated on engine prior to testing; (ii) Location where service accumulation was conducted and description of accumulation procedure and schedule; (iii) Test number, date, test procedure used, initial test results before and after rounding, and final test results for all exhaust emission tests, whether valid or invalid, and the reason for invalidation, if applicable; (iv) A complete description of any adjustment, modification, repair, preparation, maintenance, and/or testing which was performed on the test engine, was not reported pursuant to any other part of this article, and will not be performed on all other production engines; (v) The exhaust emission data for HC+NOx (or NMHC+NOx, as applicable) and CO for each test engine or equipment. The data reported must provide two significant figures beyond the number of significant figures in applicable emission standards. (vi) The retest emission data, as described in paragraph (d) above for any engine or unit of equipment failing the initial test, and description of the corrective actions and measures taken, including specific component replaced or adjusted. (vii) A CumSum analysis, as required in paragraph (c), of the production line test results for each engine family; (viii) Any other information the Executive Officer may request relevant to the determination whether the new engines being manufactured by the manufacturer do in fact conform with the regulations with respect to which the Executive Order was issued; (ix) For each failed engine as defined in paragraph (c), a description of the remedy and test results for all retests. (x) Every aborted test data and reason for the aborted test. (xi) The start and stop dates of batch-produced engine family production. (xii) The required information for all engine families in production during the quarter regardless of sample size; and (xiii) The following signed statement and endorsement by an authorized representative of the manufacturer: This report is submitted pursuant to this article. This production line testing program was conducted in complete conformance with all applicable regulations under the Test Procedures. No emission-related changes to production processes or quality control procedures for the engine family tested have been made during this production line testing program that affect engines from the production line. All data and information reported herein is, to the best of (Company Name) knowledge, true and accurate. I am aware of the penalties associated with violations of the California Code of Regulations and the regulations thereunder. (Authorized Company Representative.) (H) Each manufacturer must submit a copy of the report that has been stored (e.g., computer disc), or may be transmitted, in an electronically digitized manner, and in a format that is specified by the Executive Officer. This electronically based submission is in addition to the written submission of the report. (e) Manufacturer Notification of Failure. (1) The Executive Officer will notify the engine manufacturer that the engine manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution of the noncompliant engines in the State of California, or being enjoined from any further sales, or distribution, of the noncompliant engines in the State of California pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending, or seeking to enjoin an engine manufacturer, and other interested parties, including, but not limited to corrective actions applied to the noncompliant engine family. In addition, the engine manufacturer may be subject to, on a per engine basis, any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. (2) The Executive Officer will notify the equipment manufacturer that the equipment manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution of the noncompliant equipment in the State of California, or being enjoined from any further sales, or distribution, of the noncompliant equipment product line(s) that are, or utilize engines that are, noncompliant with the applicable emission regulations in the State of California pursuant to Section 43017 of the Health and Safety Code. Prior to revoking or suspending, or seeking to enjoin an equipment manufacturer, and other interested parties, including, but not limited to corrective actions applied to the noncompliant engine family. In addition, the equipment manufacturer may be subject to, on a per engine basis, any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. (f) Suspension and revocation of Executive Order. (1) The Executive Order is automatically suspended with respect to any engine failing pursuant to paragraph (c)(5) effective from the time that testing of that engine family is completed. (2) The Executive Officer may suspend the Executive Order for an engine family which is determined to be in noncompliance pursuant to paragraph (c)(6). This suspension will not occur before fifteen days after the engine family is determined to be in noncompliance. (3) If the results of testing pursuant to these regulations indicate that engines of a particular family produced at one plant of a manufacturer do not conform to the regulations with respect to which the Executive Order was issued, the Executive Officer may suspend the Executive Order with respect to that family for engines manufactured by the manufacturer at this and all other plants. (4) Notwithstanding the fact that engines described in the application for certification may be covered by an Executive Order, the Executive Officer may suspend such certificate immediately in whole or in part if the Executive Officer finds any one of the following infractions to be substantial: (A) The manufacturer refuses to comply with any of the requirements of this subpart. (B) The manufacturer submits false or incomplete information in any report or information provided to the Executive Officer under this subpart. (C) The manufacturer renders inaccurate any test data submitted under this subpart. (D) An ARB enforcement officer is denied the opportunity to conduct activities authorized in this subpart and a warrant or court order is presented to the manufacturer or the party in charge of the facility in question. (5) The Executive Officer may suspend such certificate immediately in whole or in part if the Executive Officer finds that an ARB enforcement officer is unable to conduct activities authorized in this Section and the Test Procedures because a manufacturer has located its facility in a foreign jurisdiction where local law prohibits those activities. (6) The Executive Officer shall notify the manufacturer in writing of any suspension or revocation of an Executive Order in whole or in part. A suspension or revocation is effective upon receipt of the notification or fifteen days from the time an engine family is determined to be in noncompliance pursuant to paragraph (c)(5) or (c)(6), whichever is later, except that the certificate is immediately suspended with respect to any failed engines as provided for in paragraph (a) of this section. (7) The Executive Officer may revoke an Executive Order for an engine family after the certificate has been suspended pursuant to paragraph (b) or (c) of this section if the proposed remedy for the nonconformity, as reported by the manufacturer to the Executive Officer, is one requiring a design change or changes to the engine or emission control system as described in the application for certification of the affected engine family. (8) Once an Executive Order has been suspended for a failed engine, as provided for in paragraph (a) of this section, the manufacturer must take the following actions before the certificate is reinstated for that failed engine: (A) Remedy the nonconformity; (B) Demonstrate that the engine conforms to the emission standards by retesting the engine in accordance with these regulations; and (C) Submit a written report to the Executive Officer, after successful completion of testing on the failed engine, which contains a description of the remedy and test results for each engine in addition to other information that may be required by this part. (9) Once an Executive Order for a failed engine family has been suspended pursuant to paragraph (b), (c) or (d) of this section, the manufacturer must take the following actions before the Executive Officer will consider reinstating the certificate: (A) Submit a written report to the Executive Officer which identifies the reason for the noncompliance of the engines, describes the proposed remedy, including a description of any proposed quality control or quality assurance measures to be taken by the manufacturer to prevent future occurrences of the problem, and states the date on which the remedies will be implemented. (B) Demonstrate that the engine family for which the Executive Order has been suspended does in fact comply with the regulations of this part by testing as many engines as needed so that the CumSum statistic falls below the action limit. Such testing must comply with the provisions of this Part. If the manufacturer elects to continue testing individual engines after suspension of a certificate, the certificate is reinstated for any engine actually determined to be in conformance with the emission standards through testing in accordance with the applicable test procedures, provided that the Executive Officer has not revoked the certificate pursuant to paragraph (f) of this section. (10) Once the Executive Order has been revoked for an engine family, if the manufacturer desires to continue introduction into commerce of a modified version of that family, the following actions must be taken before the Executive Officer may issue a certificate for that modified family: (A) If the Executive Officer determines that the proposed change(s) in engine design may have an effect on emission performance deterioration, the Executive Officer shall notify the manufacturer, within five working days after receipt of the report in paragraph (9)(A) of this section, whether subsequent testing under this subpart will be sufficient to evaluate the proposed change or changes or whether additional testing will be required; and (B) After implementing the change or changes intended to remedy the nonconformity, the manufacturer must demonstrate that the modified engine family does in fact conform with the regulations of this part by testing as many engines as needed from the modified engine family so that the CumSum statistic, as calculated per aforementioned method, falls below the action limit. When both of these requirements are met, the Executive Officer shall reissue the certificate or issue a new certificate, as the case may be, to include that family. As long as the CumSum statistic remains above the action limit, the revocation remains in effect. (11) At any time subsequent to a suspension of an Executive Order for a test engine pursuant to paragraph (a) of this section, but not later than 15 days (or such other period as may be allowed by the Executive Officer) after notification of the Executive Officer's decision to suspend or revoke an Executive Order in whole or in part pursuant to paragraphs (b), (c), or (f) of this section, a manufacturer may request a hearing as to whether the tests have been properly conducted or any sampling methods have been properly applied. (12) Any suspension of an Executive Order under paragraph (f)(4) of this section: (A) must be made only after the manufacturer concerned has been offered an opportunity for a hearing conducted in accordance with all applicable requirements and; (B) need not apply to engines no longer in the possession of the manufacturer. (13) After the Executive Officer suspends or revokes an Executive Order pursuant to this section and prior to the commencement of a hearing, if the manufacturer demonstrates to the Executive Officer's satisfaction that the decision to suspend or revoke the Executive Order was based on erroneous information, the Executive Officer shall reinstate the Executive Order. (14) To permit a manufacturer to avoid storing non-test engines while conducting subsequent testing of the noncomplying family, a manufacturer may request that the Executive Officer conditionally reinstate the Executive Order for that family. The Executive Officer may reinstate the Executive Order subject to the following condition: the manufacturer must commit to recall all engines of that family produced from the time the Executive Order is conditionally reinstated if the CumSum statistic does not fall below the action limit and must commit to remedy any nonconformity at no expense to the owner. Note: Authority cited: Sections 39600, 39601, 43013, 43017, 43018, 43101, 43102, and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2438. In-Use Compliance Program. (a) This section applies to new 2004 and later model year off-road large spark-ignition engines with engine displacement greater than 1.0 liter. (b) Manufacturer In-Use Testing Program. Standards and Test Procedures. The emission standards, exhaust sampling and analytical procedures are those described in the Test Procedures, and are applicable to engines tested only for exhaust emissions. An engine is in compliance with these standards and test procedures only when all portions of these in-use test procedures and specified requirements from the Test Procedures are fulfilled, except that any adjustable engine parameters must be set to the nominal value or position as indicated on the engine label. (1) Within a manufacturer's model-year engine production period, the ARB will identify those engine families, and the specific configurations within an engine family, that the manufacturer must subject to in-use testing as described below. For each model year, ARB may identify a number of engine families that is no greater than 25 percent of the number of engine families to which this article is applicable. For those manufacturers producing three or less engine families in a model year, ARB may designate a maximum of one engine family per model year for in-use testing. (2) For each engine family identified by ARB, engine manufacturers must perform emission testing of an appropriate sample of in-use engines from each engine family. Manufacturers must submit data from this in-use testing to ARB. (3) An engine manufacturer must test in-use engines from each engine family identified by ARB. All engines selected by the manufacturer for testing must be identified by the manufacturer, and a list of the selected engines must be submitted to the Executive Officer, prior to the onset of testing. Engines to be tested must have accumulated a minimum of 0.50 (50 percent) of the family's certified useful life period. The number of engines to be tested by a manufacturer will be determined by the following method: (A) a minimum of four engines per family, provided that no engine fails any emission standard. For each exceedance, two additional engines must be tested until the total number of engines equals ten. (B) For engine families of less than 500 engines (national production) for the identified model year or for engine manufacturers who make less than or equal to 2,000 engines nationally for that model year, a minimum of two (2) engines per family provided that no engine fails any emission standard. For each failing engine, two more engines shall be tested until the total number of engines equals ten (10). (C) If an engine family was certified using carryover emission data and has been previously tested under paragraphs (b)(3)(A) or (b)(3)(B) of this section (and a recall for that family has not occurred), then only one engine for that family must be tested. If that one engine fails any emission standard, testing must be conducted as outlined in subsections (b)(3)(A) or (b)(3)(B), whichever is appropriate. (4) The Executive Officer may approve an alternative to manufacturer in-use testing, where: (A) Engine family production is less than or equal to 200 per year, nationally; (B) Engines cannot be obtained for testing because they are used substantially in vehicles or equipment that are not conducive to engine removal such as large vehicles or equipment from which the engine cannot be removed without dismantling either the engine, vehicle, or equipment; or (C) Other compelling circumstances associated with the structure of the industry and uniqueness of engine applications. Such alternatives shall be designed to determine whether the engine family is in compliance. (5) The engine manufacturer shall procure in-use engines which have been operated between 0.50 and 1.0 times the certified engine's useful life period. The engine manufacturer may test engines from more than one model year in a given year. The manufacturer shall submit a plan for testing within twelve calendar months after receiving notice that ARB has identified a particular engine family for testing and shall complete testing of such engine family within 24 calendar months from the date of approval of the plan by ARB. Test engines may be procured from sources associated with the engine manufacturer (i.e., manufacturer-established fleet engines, etc.) or from sources not associated with the manufacturer (i.e., consumer-owned engines, independently owned fleet engines, etc.). (c) Maintenance, procurement and testing of in-use engines. (1) A test engine must have a maintenance and use history representative of in-use conditions. (A) To comply with this requirement a manufacturer must obtain information from the end users regarding the accumulated usage, maintenance, repairs, operating conditions, and storage of the test engines. (B) Documents used in the procurement process must be maintained as required. (2) The manufacturer may perform minimal restorative maintenance on components of a test engine that are not subject to parameter adjustment. Maintenance may include only that which is listed in the owner's instructions for engines with the amount of service and age of the acquired test engine. Repairs may be performed on a test engine with prior Executive Officer approval. Documentation of all maintenance, repairs, defects, and adjustments shall be maintained and retained as required. (3) At least one valid emission test, according to the Test Procedure, is required for each in-use engine. (4) The Executive Officer may waive portions or requirements of the test procedure, if any, that are not necessary to determine in-use compliance. (5) If a selected in-use engine fails to comply with any applicable emission standards, the manufacturer shall determine the reason for noncompliance. The manufacturer must report within 72 hours after the completion of the test specifying the emission results and identifying the pollutant which failed to comply with the emission standard. The manufacturer must report all such reasons of noncompliance within fifteen business days of completion of testing. Additional time beyond the initial fifteen days may be granted providing that the manufacturer receives prior approval from the Executive Officer. The reports may be filed electronically or mailed to the following address: Chief of Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731. (6) At the discretion of the Executive Officer, an engine manufacturer may test more engines than the minima described in paragraph (b)(3) of this section or may concede failure before testing a total of ten engines. Upon conceding failure the manufacturer shall proceed with a voluntary recall program as specified in Section 2439. (7) The Executive Officer will consider failure rates, average emission levels and the existence of any defects, among other factors, in determining whether to pursue remedial action under this subpart. The Executive Officer may order a recall pursuant to Section 2439 before testing reaches the tenth engine whenever the Executive Officer has determined, based on production-line test results or in-use test results, enforcement testing results, or any other information, that a substantial number of a class or category of equipment or engines produced by that manufacturer, although properly maintained and used, contain a failure in an emission-related component which, if uncorrected, may result in the equipments' or engines' failure to meet applicable standards over their useful lives; or whenever a class or category of equipment or engines within their useful lives, on average, do not conform to the emission standards prescribed pursuant to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, or any regulation adopted by the state board pursuant thereto, other than an emissions standard applied to new engines to determine "certification" as specified in Chapter 9, as applicable to the model year of such equipment or engines. (8) Prior to an ARB-ordered recall, the manufacturer may perform a voluntary emissions recall pursuant to Article 4.5, Section 2439(b). Such manufacturer is subject to the reporting requirements in subsection (d) below. (9) Once ARB determines that a substantial number of engines fail to conform with the requirements, the manufacturer will not have the option of a voluntary emissions recall. (d) In-use test program reporting requirements. (1) The manufacturer shall electronically submit to the Executive Officer within three months of completion of testing all emission testing results generated from the in-use testing program. The following information must be reported for each test engine: (A) engine family, (B) model, (C) engine serial number or alternate identification, as applicable, (D) date of manufacture, (E) estimated hours of use, (F) date and time of each test attempt, (G) results (if any) of each test attempt, (H) results of all emission testing, (I) summary of all maintenance, repairs, and adjustments performed, (J) summary (if any) of all ARB pre-approved modifications and repairs, (K) determinations of noncompliance or compliance. (2) The manufacturer must electronically submit the results of its in-use testing with a pre-approved information heading. The Executive Officer may exempt manufacturers from this requirement upon written request with supporting justification. (3) All testing reports and requests for approvals made under this subpart shall be sent to the Executive Officer. (4) The Executive Officer may require modifications to a manufacturer's in-use testing programs. (e) In-use emissions credit, averaging, banking, and trading program. (1) General applicability (A) The in-use credit program for eligible engines is described in this subsection. Participation in this program is voluntary. (B) An engine family is eligible to participate in the in-use credit program if it is subject to regulation under Section 2433 of this part with certain exceptions specified in paragraph (C). (C) Engines may not participate in the in-use averaging, banking, and trading program if they are delivered to a "point of first retail sale" outside of California. (D) Reserved. (E) An engine family with a compliance level, as determined by in-use testing below, the applicable emission standards to which the engine family is certified may generate emission credits for averaging, banking, or trading in the in-use credit program. (F) Positive credits generated in a given model year may be used in that model year or in any subsequent model year. (G) A manufacturer of an engine family with a compliance level exceeding the applicable emission standards to which the engine family is certified, may, prior to the date of the report use previously banked credits, purchase credits from another manufacturer, or perform additional testing to address the associated credit deficit (negative credits or a need for credits). (H) Reserved. (I) A manufacturer must notify the Executive Officer of plans to test additional engine families beyond the maximum 25% required for the in-use testing program. Such notice must be submitted to the Executive Officer 30 days prior to initiation of testing. If the additional testing discovers an engine family to be in noncompliance with the applicable emission standards, the testing must be treated as if it were a failure of the normal in-use testing requirement of an engine family. (J) Manufacturers must demonstrate a zero or positive credit balance under the in-use credit program for a particular model year within 90 days of the end of the in-use testing of that model year's engine families. (2) Engines subject to the 2004 and later model-year emission standards are eligible to participate in the in-use credit program. (3) The definitions below shall apply to this subsection: (A) Averaging means the exchange of in-use emission credits among LSI engine families within a given manufacturer's product line. (B) Banked credits refer to positive emission credits based on applicable actual production or sales volume as contained in the end of model year in-use testing reports submitted to Executive Officer of the ARB. Some or all of these banked credits may be revoked if the Executive Officer's review of the end of model year in-use testing reports or any subsequent audit action(s) uncovers problems or errors. (C) Banking means the retention of in-use emission credits by the manufacturer generating the emission credits for use in future model year averaging or trading as permitted by these regulations. (D) Carry-over engine family means an engine family which undergoes certification using carryover test data from previous model years. (E) Compliance level for an engine family is determined by averaging the in-use test results from each engine. (F) In-use credits represent the amount of emission reduction or exceedance, for each regulated pollutant, by an engine family below or above, respectively, the applicable emission standards. Emission reductions below the emission standard are considered "positive credits," while emission exceedances above the emission standard are considered "negative or required credits." (G) Trading means the exchange of in-use emission credits between manufacturers or brokers. (4) Averaging. (A) A manufacturer may use averaging across engine families to demonstrate a zero or positive credit balance for a model year. Positive credits to be used in averaging may be obtained from credits generated by another engine family of the same model year, credits banked in previous model years, or credits obtained through trading. (B) Credits used to demonstrate a zero or positive credit balance must be used at a rate of 1.1 to 1. (5) Banking. (A) A manufacturer of an engine family with an in-use compliance level below the applicable emission standards for a given model year may bank positive in-use credits for that model year for in-use averaging and trading. (B) A manufacturer may consider credits banked 30 days after the submission of the report. During the 30 day period ARB will work with the manufacturer to correct any error in calculating banked credits, if necessary. (6) Trading. (A) An engine manufacturer may exchange positive in-use emission credits with other LSI engine manufacturers through trading. (B) In-use credits for trading can be obtained from credits banked for model years prior to the model year of the engine family requiring in-use credits. (C) Traded in-use credits can be used for averaging, banking, or further trading transactions. (D) Unless otherwise approved by the Executive Officer, a manufacturer that generates positive in-use credits must wait 30 days after it has both completed in-use testing for the model year for which the credits were generated and submitted the report before it may transfer credits to another manufacturer or broker. (E) In the event of a negative credit balance resulting from a transaction, both the buyer and the seller are liable, except in cases involving fraud. Engine families participating in a negative trade may be subject to recall under section 2439 of this article. (7) Credit Calculation. (A) For each participating engine family, emission credits (positive or negative) are to be calculated according to the following equation and rounded, in accordance with ASTM E29-93a, to the nearest gram. ASTM E29-93a has been incorporated by reference. Consistent units are to be used throughout the equation. The following equation is used to determine the credit status for an engine family whether generating positive or negative in-use emission credits: Credits (grams) = SALES<>x (STD - CL)<>x POWER<>x AF<< super>>x LF<>x UL Where: SALES = the number of eligible sales tracked to the point of first retail sale in the U.S. for the given engine family during the model year. STD = the emission standard in g/bhp-hr as noted in California Code of Regulations, Title 13, Section 2433. CL = compliance level of the in-use testing in g/bhp-hr as approved by ARB. UL = useful life in hours (5000 hours for engines with displacement) greater than 1.0 liter. Power = the average power of an engine family in bhp (sales weighted). The power of each configuration is the rated output in horsepower as determined by SAE J1349 (June 1995) or J1995 (June 1995), as applicable. These procedures have been incorporated by reference. LF = Load factor; Fraction of rated engine power utilized in-use (0.32 for engines with displacement greater than 1.0 liter. AF = adjustment factor for the number of tests conducted, as determined from the following table, except that when a manufacturer concedes failure before completion of testing, the adjustment factor shall be 1.0: Number of Adjustment Engines Tested Factor 2 [FNa1], 4 0.5 6 0.75 8 0.9 10 1.0 [FNa1] Small volume manufacturer (B) Any credits used for either averaging, banking, or trading shall be assessed a one-time discount of 10 percent. (8) Maintenance of records. (A) Any manufacturer that is participating in the in-use credit program set forth in this subsection shall establish, maintain, and retain the records with respect to its participation in the in-use credit program. (B) The Executive Officer may void an Executive Order for an engine family for which the manufacturer fails to retain the records required under this section or to provide such information to the Executive Officer or designee upon request. (9) Reporting requirements. (A) Any manufacturer who participates in the in-use credit program is required to submit an end of the model year in-use testing report either within 90 days of the end of the model year in-use testing of a given model year's engine families, or at the same time as the final certification averaging, banking, and trading report, whichever is later. The end of the model year in-use testing report must contain the required information and show the calculated credits from all the in-use testing conducted by the manufacturer for a given model year. (B) Reports shall be submitted to the Chief of the Mobile Source Operations Division. (C) A manufacturer that fails to submit a timely report as required will be considered to not have participated in the in-use credit program. (D) If the Executive Officer or the manufacturer determines that a reporting error occurred on an end of model year report previously submitted to ARB under this subsection, or an engine family in-use testing report submitted to ARB, the manufacturer's credits and credit calculations will be recalculated. Erroneous positive credits will be void. Erroneous negative credits may be adjusted by the Executive Officer. An update of previously submitted "point of first retail sale" information is not considered an error and no increase in the number of credits will be allowed unless an error occurred in the calculation of credits due to an error in the "point of first retail sale" information from the time of the original end of model year report. (10) Notice of Opportunity for Hearing. Any voiding of an engine family's Executive Order will occur only after the manufacturer concerned has been offered an opportunity for a hearing. The Executive Officer must approve or disapprove the documents required by this Section within 90 days of the date such documents are received from the manufacturer. Any disapproval must be accompanied by a statement of the reasons therefor. In the event of disapproval, the manufacturer may file for an adjudicative hearing u nder Title 17, California Code of Regulation, Division 3, Chapter 1, Subchapter 1.25 to review the decision of the Executive Officer. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2439. Procedures for In-Use Engine Recalls for Large Off-Road Spark-Ignition Engines with an Engine Displacement Greater Than 1.0 Liter. (a) The recall procedures in this section apply as set forth in Title 13, California Code of Regulations, Sections 2433 and 2438. (b) Voluntary Emissions Recall (1) When any manufacturer initiates a voluntary emission recall, the manufacturer shall notify the Executive Officer of the recall at least 30 days before owner notification is to begin. The manufacturer shall also submit to the Executive Officer a voluntary recall plan for approval, as prescribed in the following: (A)(i) a description of each class or category of engines to recall, including the number of engines to be recalled, the engine family or a sub-group thereof, the model year, and such other information as may be required to identify the engines: (ii) a description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to correct the engines affected by the nonconformity; (iii) a description of the method by which the manufacturer will notify engine owners including copies of any letters of notification to be sent to engine owners; (iv) a description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the recall plan, and a description of the proof to be required of an engine owner to demonstrate compliance with any such conditions; (v) a description of the procedure to be followed by engine owners to obtain correction of the nonconformity. This shall include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the nonconformity, and the designation of facilities at which the nonconformity can be remedied; (vi) a description of the class of persons other than dealers and authorized warranty agents of the manufacturer who will remedy the nonconformity; (vii) a description of the system by which the manufacturer will assure that an adequate supply of parts is available to perform the repair under the plan; or (B)(i) a description of each class or category of engines subject to recall, including the number of engines subject to being recalled, the engine family or a sub-group thereof, the model year, and such other information as may be required to identify the engines; (ii) a description of the method by which the manufacturer will use the in-use emissions credit, averaging, banking, and trading program, as described in Section 2438(e), to remedy the nonconformity. (2) Voluntary Recall Progress Report. A manufacturer who initiates a voluntary emission recall campaign pursuant to paragraph (b)(1)(A) of this section must submit at least one report on the progress of the recall campaign. This report shall be submitted to the Executive Officer by the end of the fifth quarter, as defined in Section 2112(j), Chapter 2, Title 13 of the California Code of Regulations, following the quarter in which the notification of equipment or engine owners was initiated, and include the following information: (A) Engine family involved and recall campaign number as designated by the manufacturer. (B) Date owner notification was begun, and date completed. (C) Number of equipment or engines involved in the recall campaign. (D) Number of equipment or engines known or estimated to be affected by the nonconformity. (E) Number of equipment or engines inspected pursuant to the recall plan and found to be affected by the nonconformity. (F) Number of inspected equipment or engines. (G) Number of equipment or engines receiving repair under the recall plan. (H) Number of equipment or engines determined to be unavailable for inspection or repair under the recall plan due to exportation, theft, scrapping, or for other reasons (specify). (I) Number of equipment or engines determined to be ineligible for recall action due to removed or altered components. (J) A listing of the identification numbers of equipment or engines subject to recall but for whose repair the manufacturer has not been invoiced. This listing shall be supplied in a standardized computer data storage device to be specified by the Executive Officer. (K) Any service bulletins transmitted to dealers which relate to the nonconformity and which have not previously been submitted. (L) All communications transmitted to equipment or engine owners which relate to the nonconformity and which have not previously been submitted. (3) The information gathered by the manufacturer to compile the reports must be retained for not less than seven years from the date of the manufacture of the engines and must be made available to the Executive Officer or designee of the Executive Officer upon request. (4) A voluntary recall plan shall be deemed approved unless disapproved by the Executive Officer within 20 business days after receipt of the recall plan. (5) Under a voluntary recall program, initiated and conducted by a manufacturer or its agent or representative as a result of in-use enforcement testing or other evidence of noncompliance provided or required by the Board to remedy any nonconformity, the capture rate shall be at a minimum 55 percent of the equipment or engine within the subject engine family or a sub-group thereof. The manufacturer shall comply with the capture rate by the end of the fifth quarter, as defined in Section 2112(j), Chapter 2, Title 13 of the California Code of Regulations, following the quarter in which the notification of equipment or engine owners was initiated. If the manufacturer cannot correct the percentage of equipment specified in the plan by the applicable deadlines, the manufacturer must use good faith efforts through other measures, subject to approval by the Executive Officer, to bring the engine family into compliance with the standards. If the Executive Officer does not approve the manufacturer's efforts, the manufacturer shall propose mitigation measures to offset the emissions of the unrepaired equipment within 45 days from the last report filed pursuant to paragraph (b)(2), above. The Executive Officer shall approve such measures provided that: (A) The emission reductions from the recalled and repaired equipment or engines and the mitigation measures are equivalent to achieving the capture rate; and (B) The emission reductions from the mitigation measures are real and verifiable; and (C) The mitigation measures are implemented in a timely manner. (c) Initiation and Notification of Ordered Emission-Related Recalls. (1) A manufacturer shall be notified whenever the Executive Officer has determined, based on production-line test results or in-use test results, enforcement testing results, or any other information, that a substantial number of a class or category of equipment or engines produced by that manufacturer, although properly maintained and used, contain a failure in an emission-related component which, if uncorrected, may result in the equipments' or engines' failure to meet applicable standards over their useful lives; or whenever a class or category of equipment or engines within their useful lives, on average, do not conform to the emission standards prescribed pursuant to Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code, or any regulation adopted by the state board pursuant thereto, other than an emissions standard applied to new engines to determine "certification" as specified in Chapter 9, as applicable to the model year of such equipment or engines. (2) It shall be presumed for purposes of this section that an emission-related failure will result in the exceedance of emission standards unless the manufacturer presents evidence in accordance with the procedures set forth in subsections (A), (B), and (C) which demonstrates to the satisfaction of the Executive Officer that the failure will not result in exceedance of emission standards within the useful life of the equipment or engine. (A) In order to overcome the presumption of noncompliance set forth in paragraph (c)(2) above, the average emissions of the equipment and engines with the failed emission-related component must comply with applicable emission standards. A manufacturer may demonstrate compliance with the emission standards by following the procedures set forth in either paragraphs (c)(2)(B) or (c)(2)(C) of this section. (B) A manufacturer may test properly maintained in-use equipment with the failed emission-related component pursuant to the applicable certification emission tests specified in Section 2433, Title 13 of the California Code of Regulations. The emissions shall be projected to the end of the equipment's or engine's useful life using in-use deterioration factors. The in-use deterioration factors shall be chosen by the manufacturer from among the following: (i) "Assigned" in-use deterioration factors provided by the ARB on a manufacturer's conditions; request and based on ARB in-use testing; or, (ii) deterioration factors generated during certification, provided adjustments are made to account for equipment aging, customer hour usage-accumulation practices, type of failed component, component failure mode, effect of the failure on other emission-control components, commercial fuel and lubricant quality, and any other factor which may affect the equipment's or engine's operating or, (iii) subject to approval by the Executive Officer, a manufacturer-generated deterioration factor. Such deterioration factor must based on in-use data generated from certification emission tests performed on properly maintained and used equipment in accordance with the procedures set forth in Section 2433 of Title 13 of the California Code of Regulations, and the equipment from which it was derived must be representative of the in-use fleet with regard to emissions performance and equipped with similar emission control technology as equipment with the failed component. (C) In lieu of the equipment or engine emission testing described in subsection (B) above and subject to approval by the Executive Officer, a manufacturer may perform an engineering analysis, laboratory testing or bench testing, when appropriate, to demonstrate the effect of the failure. (3) The notification shall include a description of each class or category of equipment or engines encompassed by the determination of nonconformity, shall set forth the factual basis for the determination and shall designate a date at least 45 business days from the date of receipt of such notification by which the manufacturer shall submit a plan to remedy the nonconformity. (4) Availability of Public Hearing. (A) The manufacturer may request a public hearing pursuant to the procedures set forth in Subchapter 1.25, Division 3, Chapter 1, Title 17, California Code of Regulations to contest the finding of nonconformity and the necessity for or the scope of any ordered corrective action. (B) If a manufacturer requests a public hearing pursuant to subsection (A) above, and if the Executive Officer's determination of nonconformity is confirmed at the hearing, the manufacturer shall submit the recall plan required by Section 2439 within 30 days after receipt of the Board's decision. (5) Ordered Recall Plan. (A) Unless a public hearing is requested by the manufacturer, a recall plan shall be submitted to the Chief, Mobile Source Operations Division, 9528 Telstar Avenue, El Monte, CA 91731, within the time limit specified in the notification. The Executive Officer may grant the manufacturer an extension upon good cause shown. (B) The recall plan shall contain the following: (i) A description of each class or category of equipment or engine to be recalled, including the engine family or sub-group thereof, the model-year, the make, the model, and such other information as may be required to identify the equipment or engines to be recalled. (ii) A description of the nonconformity and the specific modifications, alterations, repairs, corrections, adjustments or other changes to be made to bring the equipment or engines into conformity including a brief summary of the data and technical studies which support the manufacturer's decision regarding the specific corrections to be made. (iii) A description of the method by which the manufacturer will determine the names and addresses of equipment or engine owners and the method by which they will be notified. (iv) A description of the procedure to be followed by equipment or engine owners to obtain correction of the nonconformity including the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor required to correct the nonconformity, and the designation of facilities at which the nonconformity can be remedied. The repair shall be completed within a reasonable time designated by the Executive Officer from the date the owner delivers the equipment or engine for repair. This requirement becomes applicable on the date designated by the manufacturer as the date on or after which the owner can have the nonconformity remedied. (v) If some or all of the nonconforming equipment or engines are to be remedied by persons other than dealers or authorized warranty agents of the manufacturer, a description of such class of persons and a statement indicating that the participating members of the class will be properly equipped to perform such remedial action. (vi) The capture rate required for each class or category of equipment or engine to be recalled. Under recalls based on exceedance of emission standards, the capture rate shall be at a minimum 80 percent of the equipment or engine within the subject engine family. (vii) The plan may specify the maximum incentives (such as a free tune-up or specified quantity of free fuel), if any, the manufacturer will offer to induce equipment or engine owners to present their equipment for repair, as evidence that the manufacturer has made a good faith effort to repair the percentage of equipment or engines specified in the plan. The plan shall include a schedule for implementing actions to be taken including identified increments of progress towards implementation and deadlines for completing each such increment. (viii) A copy of the letter of notification to be sent to equipment or engine owners. (ix) A description of the system by which the manufacturer will assure that an adequate supply of parts will be available to perform the repair under the recall plan including the date by which an adequate supply of parts will be available to initiate the repair campaign, and the method to be used to assure the supply remains both adequate and responsive to owner demand. (x) A copy of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan. (xi) A description of the impact of the proposed changes on fuel economy, operation, performance and safety of each class or category of equipment or engines to be recalled and a brief summary of the data, technical studies, or engineering evaluations which support these descriptions. (xii) A description of the impact of the proposed changes on the average emissions of the equipment or engines to be recalled based on noncompliance described in subsection (c)(1), above. The description shall contain the following: (1.) Average noncompliance emission levels. (2.) Average emission reduction or increase per pollutant resulting from the recall repair. These averages shall be verified by the manufacturer by applying the proposed recall repairs to two or more in-use equipment or engines representing the average noncompliance emission levels. Only those equipment or engines with baseline emission levels within 25 percent of the average emission levels of noncomplying pollutant(s) established under the in-use enforcement test program may be used by manufacturers to verify proposed recall repairs. The Executive Officer may allow the use of equipment or engines exceeding these upper averaging noncompliance limits if none which meet the limits can be reasonably procured. (3.) An estimate of the average emission level per pollutant for a class or category of equipment or engines after repair as corrected by the required capture rate. The estimated average emission level shall comply with the applicable emission standards. If the average emissions levels achieved by applying the average emission reduction per equipment or engine after repair and the estimated capture rate, do not achieve compliance with the emissions standards, a manufacturer shall propose other measures to achieve average emissions compliance. (xiii) Any other information, reports, or data which the Executive Officer may reasonably determine to be necessary to evaluate the recall plan. (6) Approval and Implementation of Recall Plan. (A) If the Executive Officer finds that the recall plan is designed effectively to correct the nonconformity and complies with the provisions of this Section, he or she will so notify the manufacturer in writing. Upon receipt of the approval notice from the Executive Officer, the manufacturer shall commence implementation of the approved plan. Notification of equipment or engine owners and the implementation of recall repairs shall commence within 45 days of the receipt of notice unless the manufacturer can show good cause for the Executive Officer to extend the deadline. (B) If the Executive Officer does not approve the recall plan or the mitigation measures provided in this Section as submitted, the Executive Officer shall order modification of the plan or mitigation measures with such changes and additions as he or she determines to be necessary. The Executive Officer shall notify the manufacturer in writing of the disapproval and the reasons for the disapproval. (C) The manufacturer may contest the Executive Officer's disapproval by requesting a public hearing pursuant to the procedures set forth in Subchapter 1.25, Division 3, Chapter 1, Title 17, California Code of Regulations. As a result of the hearing, the Board may affirm, overturn or modify the Executive Officer's action. In its decision, affirming or modifying, the Board shall specify the date by which the manufacturer shall commence notifying equipment or engine owners and implementing the required recall repairs. (D) If no public hearing is requested in accordance with (C) above, the manufacturer shall incorporate the changes and additions required by the Executive Officer and shall commence notifying equipment or engine owners and implementing the required recall repairs within 60 days of the manufacturer's receipt of the Executive Officer's disapproval. (7) Notification of Owners. (A) Notification to equipment or engine owners shall be made by first class mail or by such other means as approved by the Executive Officer provided, that for good cause, the Executive Officer may require the use of certified mail to ensure an effective notification. (B) The manufacturer shall use all reasonable means necessary to locate equipment or engine owners provided, that for good cause, the Executive Officer may require the manufacturer to use motor equipment registration lists, as applicable, available from State or commercial sources to obtain the names and addresses of equipment or engine owners to ensure effective notification. (C) The Executive Officer may require subsequent notification by the manufacturer to equipment or engine owners by first class mail or other reasonable means provided, that for good cause, the Executive Officer may require the use of certified mail to ensure effective notification. (D) The notification of equipment or engine owners shall contain the following: (i) The statement: "The California Air Resources Board has determined that your (equipment or engine) (is or may be) releasing air pollutants which exceed (California or California and Federal) standards. These standards were established to protect your health and welfare from the dangers of air pollution." (ii) A statement that the nonconformity of any such equipment or engines will be remedied at the expense of the manufacturer. (iii) A statement that eligibility may not be denied solely on the basis that the equipment or engine owner used parts not manufactured by the original equipment manufacturer, or had repairs performed by outlets other than the equipment or engine manufacturer's franchised dealers. (iv) A clear description of the components which will be affected by the recall action and a general statement of the measures to be taken to correct the nonconformity. (v) [Reserved] (vi) A description of the adverse effects, if any, that an uncorrected nonconformity would have on the performance, fuel economy, or driveability of the equipment or engine or to the function of other engine components. (vii) A description of the procedure which the equipment or engine owner should follow to obtain correction of the nonconformity including the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to correct the nonconformity, and a designation of the facilities located in California at which the nonconformity can be remedied. (viii) After the effective date of the recall enforcement program referred to above, a statement that a certificate showing that the equipment has been repaired under the recall program shall be issued by the service facilities and that such a certificate may be required as a condition of equipment registration or operation, as applicable. (ix) A card to be used by a equipment or engine owner in the event the equipment or engine to be recalled has been sold. Such card should be addressed to the manufacturer, have postage paid, and shall provide a space in which the owner may indicate the name and address of the person to whom the equipment or engine was sold. (x) The statement: "In order to ensure your full protection under the emission warranty made applicable to your (equipment or engine) by State or Federal law, and your right to participate in future recalls, it is recommended that you have your (equipment or engine) serviced as soon as possible. Failure to do so could be determined to be a lack of proper maintenance of your (equipment or engine)". (xi) A telephone number provided by the manufacturer, which may be used to report difficulty in obtaining recall repairs. (xii) The manufacturer shall not condition eligibility for repair on the proper maintenance or use of the equipment except for strong or compelling reasons and with approval of the Executive Officer; however, the manufacturer shall not be obligated to repair a component which has been removed or altered so that the recall action cannot be performed without additional cost. (xiii) No notice sent pursuant to Section (D), nor any other communication sent to equipment or engine owners or dealers shall contain any statement, express or implied, that the nonconformity does not exist or will not degrade air quality. (xiv) The manufacturer shall be informed of any other requirements pertaining to the notification under this section which the Executive Officer has determined are reasonable and necessary to ensure the effectiveness of the recall campaign. (8) Repair Label. (A) The manufacturer shall require those who perform the repair under the recall plan to affix a label to each equipment or engine repaired or, when required, inspected under the recall plan. (B) The label shall be placed in a location as approved by the Executive Officer and shall be fabricated of a material suitable for such location and which is not readily removable. (C) The label shall contain the recall campaign number and a code designating the facility at which the repair, inspection for repair, was performed. (9) Proof of Correction Certificate. The manufacturer shall require those who perform the recall repair to provide the owner of each equipment or engine repaired with a certificate, through a protocol and in a format prescribed by the Executive Officer, which indicates that the noncomplying equipment or engine has been corrected under the recall program. This requirement shall become effective and applicable upon the effective date of the recall enforcement program referred to in this section, above. (10) Capture Rates and Alternative Measures. The manufacturer shall comply with the capture rate specified in the recall plan as determined pursuant to this Section, above, by the end of the fifth quarter, as defined in Section 2112(j), Chapter 2, Title 13 of the California Code of Regulations, following the quarter in which the notification of equipment or engine owners was initiated. If, after good faith efforts, the manufacturer cannot correct the percentage of equipment specified in the plan by the applicable deadlines and cannot take other measures to bring the engine family into compliance with the standards, the manufacturer shall propose mitigation measures to offset the emissions of the unrepaired equipment within 45 days from the last report filed pursuant to Section 2439(c)(13), below. The Executive Officer shall approve such measures provided that: (A) The emission reductions from the recalled and repaired equipment or engines and the mitigation measures are equivalent to achieving the capture rate; and (B) The emission reductions from the mitigation measures are real and verifiable; and (C) The mitigation measures are implemented in a timely manner. (11) Preliminary Tests. The Executive Officer may require the manufacturer to conduct tests on components and equipment or engines incorporating a proposed correction, repair, or modification reasonably designed and necessary to demonstrate the effectiveness of the correction, repair, or modification. (12) Communication with Repair Personnel. The manufacturer shall provide to the Executive Officer a copy of all communications which relate to the recall plan directed to dealers and other persons who are to perform the repair. Such copies shall be mailed to the Executive Officer contemporaneously with their transmission to dealers and other persons who are to perform the repair under the recall plan. (13) Recordkeeping and Reporting Requirements. (A) The manufacturer shall maintain sufficient records to enable the Executive Officer to conduct an analysis of the adequacy of the recall campaign. For each class or category of equipment or engine, the records shall include, but need not be limited to, the following: (i) Engine family involved and recall campaign number as designated by the manufacturer. (ii) Date owner notification was begun, and date completed. (iii) Number of equipment or engines involved in the recall campaign. (iv) Number of equipment or engines known or estimated to be affected by the nonconformity. (v) Number of equipment or engines inspected pursuant to the recall plan and found to be affected by the nonconformity. (vi) Number of inspected equipment or engines. (vii) Number of equipment or engines receiving repair under the recall plan. (viii) Number of equipment or engines determined to be unavailable for inspection or repair under the recall plan due to exportation, theft, scrapping, or for other reasons (specify). (ix) Number of equipment or engines determined to be ineligible for recall action due to removed or altered components. (x) A listing of the identification numbers of equipment or engines subject to recall but for whose repair the manufacturer has not been invoiced. This listing shall be supplied in a standardized computer data storage device to be specified by the Executive Officer. The frequency of this submittal, as specified in subsection (C) below, may be changed by the Executive Officer depending on the needs of recall enforcement. (xi) Any service bulletins transmitted to dealers which relate to the nonconformity and which have not previously been submitted. (xii) All communications transmitted to equipment or engine owners which relate to the nonconformity and which have not previously been submitted. (B) If the manufacturer determines that the original responses to subsections (A)(iii) and (iv) of these procedures are incorrect, revised figures and an explanatory note shall be submitted. Responses to subsections (A)(v), (vi), (vii), (viii), and (ix) shall be cumulative totals. (C) Unless otherwise directed by the Executive Officer, the information specified in subsection (A) of these procedures shall be included in six quarterly reports or two annual reports, beginning with the quarter in which the notification of owners was initiated, or until all nonconforming equipment or engines involved in the campaign have been remedied, whichever occurs sooner. Such reports shall be submitted no later than 25 days after the close of each calendar quarter. (D) The manufacturer shall maintain in a form suitable for inspection, such as computer information storage devices or card files, and shall make available to the Executive Officer or his or her authorized representative upon request, lists of the names and addresses of equipment or engine owners: (i) To whom notification was given; (ii) Who received remedial repair or inspection under the recall plan; and (iii) Who were denied eligibility for repair due to removed or altered components. (E) The records and reports required by these procedures shall be retained for not less than one year beyond the useful life of the equipment or engines involved, or one year beyond the reporting time frame specified in subsection (C) above, whichever is later. (14) Penalties. Failure by a manufacturer to carry out all recall actions ordered by the Executive Officer pursuant to Sections 2439(c) of these procedures is a violation of Health and Safety Code Section 43013 and 43105 and shall subject the manufacturer, on a per engine basis, to any and all remedies available under Part 5, Division 26 of the Health and Safety Code, sections 43000 et seq. (d) Extension of Time. The Executive Officer may extend any deadline in the plan if he or she finds in writing that a manufacturer has shown good cause for such extension. (e) The Executive Officer may waive any or all of the requirements of these procedures if he or she determines that the requirement constitutes an unwarranted burden on the manufacturer without a corresponding emission reduction. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102, 43104 and 43105, Health and Safety Code. Reference: Sections 43000, 43009.5, 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43106, 43107, 43150-43154, 43205-43205.5 and 43210-43212, Health and Safety Code. s 2440. Applicability. (a)(1) This article applies to model year 2001 and later spark-ignition marine engines, unless otherwise indicated. (2) Every new spark-ignition marine engine that is manufactured for sale, sold, or offered for sale in California, or that is introduced, delivered or imported into California for introduction into commerce, and which is subject to any of the standards prescribed in this article must be covered by an Executive Order, issued pursuant to this article. (3) Spark-ignition inboard and sterndrive marine engines produced by the engine manufacturer to be used solely for competition are exempt from the requirements of this article, except section 2443.1, provided that the marine watercraft in which the engine is installed is designed, built, and used solely for competition. Marine watercraft not registered with a nationally-recognized organization that sanctions professional competitive events or used for amateur or occasional competition do not meet the competition exemption criteria. (b) Each part of this article is severable, and in the event that any part of this chapter is held to be invalid, the remainder of this article remains in full force and effect. (c)(1) For purposes of this article, military tactical vehicles or equipment means vehicles or equipment owned by the U.S. Department of Defense and/or the U.S. military services and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. (2) This article shall not apply to engines used in off-road military tactical vehicles or equipment which have been exempted from regulations under the federal national security exemption, 40 CFR, subpart J, section 90.908, which is incorporated by reference herein. It shall also not apply to those vehicles and equipment covered by the definition of military tactical vehicle that are commercially available and for which a federal certificate of conformity has been issued under 40 CFR Part 91, subpart B, which is incorporated by reference herein. (3) The U.S. Department of Defense shall submit to the ARB a list of all vehicles and equipment that are exempted under the above provisions and which are located in the State of California. If any additional vehicle and equipment types are added to the list during any calendar year, the U.S. Department of Defense shall update the list and submit it to the ARB by January 1 of the following year. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2441. Definitions. (a) Definitions in section 1900(b), Division 3, Chapter 9, Title 13 of the California Code of Regulations, apply with the following additions: (1) "Abuse" means incorrect or improper operation of an engine or equipment unit that results in the failure of an emission-related part. (2) "Acceptable quality level" (AQL) means the maximum percentage of failing engines that can be considered a satisfactory process average for sampling inspections. (3) "ARB Enforcement Officer" means any officer or employee of the Air Resources Board so designated in writing by the Executive Officer or by the Executive Officer's designee. (4) "Base Fuel Schedule" refers to the fuel calibration schedule programmed into the Engine Control Module or PROM when manufactured or when updated by some off-board source, prior to any learned on-board correction. (5) "Capture rate" means the percentage of in-use engines subject to recall which must be corrected to bring the class of engines into compliance. The number of engines subject to recall shall be based on the actual number of engines in use as verified by engine registration records compiled and prepared by industry, or a comparable source as determined by the Executive Officer at the time a recall is initiated. (6) "Carryover engine family" means an engine family that undergoes certification using carryover test data from previous model years. (7) "Certification" means, with respect to new spark-ignition marine engines, obtaining an Executive Order for an engine family complying with the spark-ignition marine engine exhaust emission standards and requirements specified in Title 13, California Code of Regulations, sections 2442 and 2447. (8) "Complete engine assembly" or "complete engine configuration" means an assembly of a basic engine and all of the specific applicable components (e.g., air inlet, fuel and exhaust systems, etc.) and calibrations (e.g., carburetor jet size, valve timing, etc.) required for the assembly to be installed in a new unit of equipment. (9) "Continuous monitoring" means sampling at a rate no less than two samples per second. If for engine control purposes, a computer input component is sampled less frequently, the value of the component may instead be evaluated each time sampling occurs. (10) "Emission control system" means any device, system, or element of design that controls or reduces the emission of substances from an engine. (11) "Enforcement test results" means data or information gathered through enforcement programs conducted by the Air Resources Board. These programs include, but are not limited to, field inspections, in-use compliance testing, assembly-line testing. (12) "Engine family" means a subclass of a basic engine based on similar emission characteristics. The engine family is the grouping of engines that is used for the purposes of certification. (13) "Engine identification number" means a unique specification (for example, model number/serial number combination) that allows each spark-ignition marine engine to be distinguished from other similar engines. (14) "Engine manufacturer" means the manufacturer granted certification. (15) "Engine misfire" means lack of combustion in the cylinder due to absence of spark, poor fuel metering, poor compression, or any other cause. (16) "Engine start" is defined as the point at which normal, synchronized spark and fuel control is obtained or when the engine reaches a speed 150 revolutions per minute (rpm) below the normal, warmed-up idle speed. (17) "Exhaust emissions" means matter emitted into the environment from any opening downstream from the exhaust port of a spark-ignition marine engine. (18) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her authorized representative. (19) "Executive Order" means an order issued by the Executive Officer certifying engines for sale in California. (20) "Family Emission Limit" means an emission value assigned by a marine engine manufacturer to an engine family for the purpose of complying with a corporate average exhaust emission standard. The Family Emission Limit (FEL) must not exceed the limit specified in this Article. (21) "Fuel system" means all components involved in the transport, metering, and mixture of the fuel from the fuel tank to the combustion chamber(s) including, but not limited to the following: fuel tank, fuel tank cap, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, and all fuel system vents. (22) "Fuel trim" refers to feedback adjustments to the base fuel schedule. Short-term fuel trim refers to dynamic or instantaneous adjustments. Long-term fuel trim refers to much more gradual adjustments to the fuel calibration schedule than short-term trim adjustments. These long-term adjustments compensate for engine differences and gradual changes that occur over time. (23) "Functional check" for an output component means verification of proper response to a computer command. For an input component, functional check means verification of the input signal being in the range of normal operation, including evaluation of the signal's rationality in comparison to all available information. (24) "Inboard Engine" means a four-stroke spark-ignition marine engine not used in a personal watercraft that is designed such that the propeller shaft penetrates the hull of the marine watercraft while the engine and the remainder of the drive unit is internal to the hull of the marine watercraft. (25) "Inspection criteria" means the pass and fail numbers associated with a particular sampling plan. (26) "Malfunction" means the inability of an emission-related component or system to remain within design specifications. Further, malfunction refers to the deterioration of any of the above components or systems to a degree that would likely cause the emissions of an aged engine with the deteriorated components or systems present at the beginning of the applicable certification emission test to exceed the HC+NOx emission standard by more than 50 percent, unless otherwise specified, as applicable pursuant to Chapter 1 (commencing with Section 1900), Division 3, title 13, of the California Code of Regulations. (27) "Marine engine manufacturer" means any person engaged in the manufacturing or assembling of new spark-ignition marine engines or the importing of such engines for resale, or who acts for and is under the control of any such person in connection with the distribution of such engines. A spark-ignition marine engine manufacturer does not include any dealer with respect to new spark-ignition marine engines received by such person in commerce. (28) "Marine warm-up cycle" means sufficient engine operation such that the coolant temperature has risen by at least 40 degrees Fahrenheit from engine starting and reaches a minimum temperature of at least 140 degrees Fahrenheit. (29) "Marine watercraft" means every description of boat, ship or other artificial contrivance used, or capable of being operated on water. (30) "Model year" means the engine manufacturer's annual new model production period which includes January 1 of the calendar year for which the model year is named, ends no later than December 31 of the calendar year, and does not begin earlier than January 2 of the previous calendar year. Where an engine manufacturer has no annual new model production period, model year means the calendar year. (31) "New", for purposes of this Article, means a spark-ignition marine engine or watercraft the equitable or legal title to which has never been transferred to an ultimate purchaser. Where the equitable or legal title to the engine or watercraft is not transferred to an ultimate purchaser until after the engine or watercraft is placed into service, then the engine or watercraft will no longer be new after it is placed into service. A spark-ignition marine engine or watercraft is placed into service when it is used for its functional purposes. With respect to imported spark-ignition marine engines or watercraft, the term "new" means an engine or watercraft that is not covered by an Executive Order issued under this Article at the time of importation, and that is manufactured after the effective date of a section in this Article which is applicable to such engine or watercraft, or which would be applicable to such engine or watercraft had it been manufactured for importation into the United States. (32) "Nonconformity" or "Noncompliance", for the purposes of Title 13, California Code of Regulations, section 2444.1, means that: (A) a significant number, determined by the Executive Officer, of a class of engines, although properly maintained and used, experience a failure of the same emission-related component(s) within their useful lives which, if uncorrected, results in the engines' failure to comply with the emission standards prescribed under section 2442 which are applicable to the model year of such engines; or (B) a class of engines that at any time within their useful lives, although properly maintained and used, on average does not comply with the emission standards prescribed under section 2442 which are applicable to the model year of such engines. (33) "Operating cycle" consists of engine startup, engine run, and engine shutoff. (34) "Original equipment manufacturer" means a manufacturer who purchases engines for installation in its equipment for sale to ultimate purchasers. (35) "Outboard engine" means a spark-ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the marine watercraft. (36) "Personal watercraft engine" means a spark-ignition marine engine that does not meet the definition of outboard engine, inboard engine or sterndrive engine, except that the Executive Officer may, in his or her discretion, classify a personal watercraft engine as an inboard or sterndrive engine if it is comparable in technology and emissions to an inboard or sterndrive engine. (37) "Production-line tests" are emission tests performed on a sample of production engines produced for sale in California and conducted in accordance with Title 13, California Code of Regulations, section 2446(a). (38) "Redline engine speed" means the engine manufacturer recommended maximum engine speed as normally displayed on instrument panel tachometers, or the engine speed at which fuel shutoff occurs. (39) "Response rate," with regards to oxygen sensors, refers to the delay (measured in milliseconds) between a switch of the sensor from lean to rich or vice versa in response to a change in fuel/air ratio above and below stoichiometric. (40) "Sales" or "Eligible sales" means the actual or calculated sales of an engine family in California for the purposes of corporate averaging and production-line testing. Upon Executive Officer approval, an engine manufacturer may calculate its eligible sales through market analysis of actual federal production or sales volumes. (41) "Scheduled maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the engine manufacturer to be performed on a periodic basis to prevent part failure or marine watercraft or engine malfunction, or those actions anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate. (42) "Spark-ignition marine engine" means any engine used to propel a marine watercraft, and which utilizes the spark-ignition combustion cycle; including, but not limited to personal watercraft, outboard, inboard and sterndrive engines. (43) "Sterndrive engine" means a four-stroke spark-ignition marine engine not used in a personal watercraft that is designed such that the drive unit is external to the hull of the marine watercraft, while the engine is internal to the hull of the marine watercraft. (44) "Test engine" means the engine or group of engines that an engine manufacturer uses during certification, production line and in-use testing to determine compliance with emission standards. (45) "Test Procedures" means the document entitled "California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines," which includes the standards and test procedures applicable to 2001 and later spark-ignition personal watercraft, outboard, inboard and sterndrive marine engines, as adopted October 21, 1999 and as amended June 6, 2002. This document is incorporated by reference herein. (46) "Ultimate purchaser" means, with respect to any new spark-ignition marine engine, the first person who in good faith purchases such new spark-ignition marine engine for purposes other than resale. (47) "U.S.C." means United States Code. (48) "Used solely for competition" means exhibiting features that are not easily removed and that would render its use other than in competition unsafe, impractical, or highly unlikely. (49) "Useful life" for spark-ignition marine engines means nine years for personal watercraft engines and sixteen years for outboard, inboard and sterndrive engines. (50) "Warranty period" means the period of time the engine or part is covered by the warranty provisions. (51) "Warranty station" means any dealer, service center or other agent that is authorized by the engine manufacturer to perform diagnostic labor, repairs or replacements of warranted engine components. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2442. Emission Standards. (a) Model year 2001 and later model year spark-ignition personal watercraft and outboard marine engines: (1) Exhaust emissions from new spark-ignition marine engines manufactured for sale, sold, or offered for sale in California, or that are introduced, delivered or imported into California for introduction into commerce must not exceed the hydrocarbon plus oxides of nitrogen (HC+NOx) exhaust emission standards listed in Table 1 during its designated useful life: Table 1. Corporate Average Emission Standards by Implementation Date HC+NOx (g/kW-hr) Model Year Max. Family Emission Limit (FEL) P P 2001-2003 Not Applicable 81.00 (0.25 x (151+557/P tx 0.9))+6.0))+6.0))+6.0 2004-2007 80 64.80 (0.20 x (151+557/P tx 0.9))+4.8))+4.8 2008 and 44 30.00 (0.09 x (151+557/P tx Later 0.9))+2.1))+2.1 where: P tx is the average power in kilowatts (kW) (sales-weighted) of the total number of spark-ignition marine engines produced for sale in California in model year x. Engine power must be calculated using the Society of Automotive Engineers (SAE) standard J1228, November 1991, incorporated herein by reference. Engine manufacturers must not determine P tx by combining the power outputs of outboard engines with the power outputs of personal watercraft engines. (2) An engine manufacturer may comply with the standards directly on an individual engine family basis. Consequently in Table 1, FELs are not applicable for any model year and P tx means the average power in kW (sales-weighted) of the subject engine family produced for sale in California in model year x. Compliance with the standards on a corporate average basis is determined as follows: n R(PRODjx)(FELjx)(Pjx) j =1 =STDca n R(PRODjx)(Pjx) j=1 where: n = Total number of engine families (by category) PRODjx = Number of units of each engine family j produced for sale in California in model year x. FELjx = The Family Emission Limit (FEL) for engine family j in model year x, which must be determined by the engine manufacturer subject to the following conditions: (1) no individual engine family FEL shall exceed the maximum allowed value as specified in Table 1; (2) no engine family designation or FEL shall be amended in a model year unless the engine family is recertified; and (3) prior to sale or offering for sale in California, each engine family must be certified in accordance with the test procedures referenced in section 2447 and must meet the engine manufacturer's FEL as a condition of the Executive Order. Before certification, the engine manufacturer must also submit estimated production volumes for each engine family to be offered for sale in California. Pjx = The average power in kW (sales-weighted) of engine family j produced for sale in California in model year x. Engine power must be calculated using SAE standard J1228, November 1991, incorporated herein by reference. STDca = An engine manufacturer's calculated corporate average HC+NOx exhaust emissions from those California spark-ignition marine engines subject to the California corporate average HC+NOx exhaust emission standard determined from Table 1, as established by an Executive Order certifying the California production for the model year. This Executive Order must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year. (A) For purposes of compliance under this paragraph, engine manufacturers must not corporate average outboard engine families in combination with personal watercraft engine families. (B) During the engine manufacturer's production year, for each engine family, the engine manufacturer shall provide the Executive Officer within 45 days after the last day in each calendar quarter the total number of spark-ignition marine engines produced for sale in California and their applicable FEL(s). (C) The Executive Order certifying the California production for a model year must be obtained prior to the issuance of certification Executive Orders for individual engine families for the model year. (D) The engine manufacturer's average HC+NOx exhaust emissions must meet the corporate average standard at the end of the engine manufacturer's production for the model year. At the end of the model year, the manufacturer must calculate a corrected corporate average using sales or eligible sales rather than projected sales. (E) Production and sale of spark-ignition marine engines that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive Orders for the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies available under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer. (F) For each model, the engine manufacturer shall submit California sales data ninety (90) days after the end of the model year. (b) Exhaust emissions from new model year 2003 and later spark-ignition inboard and sterndrive marine engines must not exceed the exhaust emission standards listed in Table 2 for the designated emission durability test period. Table 2. Inboard and Sterndrive Exhaust Emission Standards (by Implementation Date) Model Year HC+NO Durability Test Period (grams per kilowatt hour) (hours) 2003-2008 1 16.0 2 - 2007 and Later 3 5.0 480 1. Engines with a maximum rated power exceeding 373 kilowatts (500 horsepower) are not required to comply with these standards. 2. Compliance with the HC+NO x standard may be averaged on a sales-weighted basis, across the engine manufacturers' California production, based on projected California sales or the projected California percentage of national sales. 3. For model year 2007, engine manufacturers shall certify a minimum of 45% of their California production (projected California sales or projected California percentage of national sales) to the standard. For model year 2008, engine manufacturers shall certify a minimum of 75% of their California production (projected California sales or projected California percentage of national sales) to the standard. (1) No crankcase emissions shall be discharged into the ambient atmosphere from 2003 and later spark-ignition inboard and sterndrive marine engines. (2) Production and sale of spark-ignition marine engines that result in noncompliance with the California standard for the model year shall cause an engine manufacturer to be subject to: revocation or suspension of Executive Orders for the applicable engine families; enjoinment from any further sales, or distribution, of such noncompliant engine families, in the State of California pursuant to section 43017 of the Health and Safety Code; and all other remedies available under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer. (3) For each engine family, the engine manufacturer shall submit the total number of engines produced for sale in California, or the total number of engines produced for sale nationally, ninety (90) days after the end of the model year. (c) The test equipment and test procedures for determining compliance with these standards are set forth in Parts III and IV, respectively, of the "Test Procedures." Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2443.1. Emission Control Labels - Model Year 2001 and Later Spark-Ignition Marine Engines. (a) Purpose. The Air Resources Board recognizes that certain emissions-critical or emissions-related parts must be properly identified and maintained to ensure that engines meet the applicable emission standards. The purpose of this section is to require engine manufacturers to affix a label (or labels) on each production engine (or watercraft, as applicable) to provide the engine owner and service mechanic with information necessary for the proper maintenance of these parts in customer use. These specifications also require the engine manufacturer to permanently identify the engine with a unique identification number that will be used for enforcement purposes, including in-use testing. (b) Applicability. This section applies to: (1) Model year 2001 and later spark-ignition personal watercraft and outboard marine engines and model year 2003 and later spark-ignition inboard and sterndrive marine engines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013; (2) Engine manufacturers and original equipment manufacturers, as applicable, that have certified such engines; and (3) Original equipment manufacturers, regardless of whether they have certified the engine, if their equipment obscures the emission control labels of such certified engines. (c) Engine Label and Location. (1) A legible label must be welded, riveted or otherwise permanently attached by the engine manufacturer to an area of the engine (e.g., block or crankcase) in such a way that it will be readily visible to the average person after installation of the engine in the watercraft. If such an attachment is not feasible, the Executive Officer may allow the label to be attached on components of the engine or watercraft assembly (as applicable) that satisfy the requirements of Subsection (c)(2)(A) or (c)(2)(B) below, as applicable. Such labels must be attached on all complete engine assemblies that are produced by an engine manufacturer. (2) (A) Personal Watercraft and Outboard Engines. In selecting an acceptable location, the engine manufacturer must consider the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). Each engine label must be affixed in such a manner that it cannot be removed without destroying or defacing the label, and must not be affixed to any engine (or watercraft, as applicable) part that is likely to be replaced during the engine's (or watercraft's, as applicable) useful life or that is not integral to the engine's operation. The engine label must not be affixed to any engine (or watercraft, as applicable) component that is easily detached from the engine. If the engine manufacturer claims there is inadequate space to attach the label, the Executive Officer will determine a suitable location. (B) Inboard and Sterndrive Engines. In selecting an acceptable location, the engine manufacturer must consider visibility and the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). The engine label must be affixed in such a manner that it cannot be removed without destroying or defacing the label. The engine label must contain the unique identification number that has been assigned to the engine, pursuant to subsection (a) of this section. If the engine manufacturer claims there is inadequate space to attach the label, the Executive Officer will determine a suitable location. (3) The engine label information must be written in the English language and use block letters (i.e., sans serif, uppercase characters) except for units of measurement, which may be sans serif, lower-case characters. The characters must be of a color that contrasts with the background of the label. (4) The engine label must contain the following information: (A) The heading "EMISSION CONTROL INFORMATION." (B) The full corporate name or trademark of the engine manufacturer. (i) An engine manufacturer may request the Executive Officer's approval to delete its name and trademark, and substitute the name and trademark of another engine manufacturer, original equipment manufacturer or third-party distributor. (ii) Approval under paragraph (4)(B)(i) above does not relieve the engine manufacturer granted an engine family Executive Order of any requirements imposed by these provisions on the applicable engines. (C) The statement, "THIS (WATERCRAFT'S ENGINE or ENGINE, as applicable) IS CERTIFIED TO OPERATE ON (specify operating fuel(s))." (D) Identification of the Exhaust Emission Control System (Abbreviations may be used and must conform to the nomenclature and abbreviations provided in the latest revision of the Society of Automotive Engineer's (SAE) procedure J1930, "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations and Acronyms", and as specified in section 1977, Title 13, California Code of Regulations. (E) Any specific fuel or engine lubricant requirements (e.g., fuel-oil ratio(s), lead content, research octane number, engine lubricant type). (F) Date of manufacture (day (optional), month and year). (G) An unconditional statement of compliance with the appropriate model year California regulations. For example, "THIS ENGINE CONFORMS TO (model year) CALIFORNIA EMISSION REGULATIONS FOR SPARK-IGNITION MARINE ENGINES." For an engine family certified in California with an FEL different from the FEL assigned federally for the engine family, the following statement shall be appended to the unconditional statement of compliance: AND IS CERTIFIED TO (specify FEL) g/kW-hr HC+NOx ENGINE FAMILY EXHAUST EMISSION STANDARD IN CALIFORNIA." (H) The engine family identification (i.e., engine family name). The engine family identification shall be in accordance with the current format used by the United States Environmental Protection Agency. (I) Engine displacement (in cubic centimeters, cubic inches, or liters) of the individual engine upon which the engine label is affixed. (J) The maintenance specifications and adjustments recommended by the engine manufacturer, including, as applicable: valve lash, ignition timing, idle air/fuel setting procedure and value (e.g., idle speed drop), high idle speed and spark plug gap. These specifications must indicate the proper transmission position, if applicable, during tune-up and what accessories, if any, should be in operation, and what systems, if any (e.g., vacuum advance, battery, air pump), should be disconnected during the tune-up. If the engine manufacturer does not recommend adjustment of the foregoing specifications, the engine manufacturer may substitute in lieu of the specifications, the single statement, "NO OTHER ADJUSTMENTS NEEDED." For all engines, the instructions for tune-up adjustments must be sufficiently clear on the engine label to preclude the need for a mechanic or equipment owner to refer to another document in order to correctly perform the adjustments. (5) If there is insufficient space on the engine to accommodate an engine label that contains all of the information required in Subsection (4) above, the Executive Officer may allow the engine manufacturer to modify the engine label in one or more of the following ways: (A) Exclude the information required in Subsections (4)(C), (D) and (E) from the engine label. This information must be specified elsewhere on the engine, or in the owner's manual. (B) Substitute the information required in Subsection (4)(J) with the statement, "REFER TO THE OWNER'S MANUAL FOR MAINTENANCE SPECIFICATIONS AND ADJUSTMENTS." When such a statement is used, the information required by Subsection (4)(J) must be specified in the owner's manual. (C) Exclude the information required by Subsection (4)(F) on the engine label if the date the engine was manufactured is stamped or labeled permanently on the engine (e.g., within the serial number), and this date is readily visible. (d) For Inboard and Sterndrive Engines used solely for Competition. Engines manufactured solely for use in sanctioned competition are not required to comply with the emission standards and other requirements. Manufacturers may incorporate the engine label to identify the engines as produced for competition according to the provisions in this subsection. (1) A legible label must be welded, riveted or otherwise permanently attached by the engine manufacturer to an area of the engine in such a way that it will be readily visible to the average person after installation of the engine in the watercraft. If such an attachment is not feasible, the Executive Officer may allow the label to be attached on components of the engine that satisfy the requirements of Subsection (d)(2). Such labels must be attached on all complete engine assemblies that are produced by an engine manufacturer. (2) In selecting an acceptable location, the engine manufacturer must consider visibility and the possibility of accidental damage (e.g., possibility of tools or sharp instruments coming in contact with the label). The engine label must be affixed in such a manner that it cannot be removed without destroying or defacing the label. The engine label must contain the unique identification number that has been assigned to the engine, pursuant to subsection (a) of this section. If the engine manufacturer claims there is inadequate space to attach the label, the Executive Officer will determine a suitable location. (3) The engine label information must be written in the English language and use block letters (i.e., sans serif, uppercase characters) except for units of measurement, which may be sans serif, lower-case characters. The characters must be of a color that contrasts with the background of the label. (4) The engine label must contain the following information: (A) The heading "EMISSION CONTROL INFORMATION." (B) The full corporate name or trademark of the engine manufacturer. (i) An engine manufacturer may request the Executive Officer's approval to delete its name and trademark, and substitute the name and trademark of another engine manufacturer, original equipment manufacturer or third-party distributor. (ii) Approval under paragraph (4)(B)(i) above does not relieve the engine manufacturer granted an engine family Executive Order of any requirements imposed by these provisions on the applicable engines. (C) Date of manufacture (day (optional), month and year). (D) An unconditional statement of noncompliance with the appropriate model year California regulations. For example, "THIS ENGINE DOES NOT CONFORM TO (model year) CALIFORNIA EMISSION REGULATIONS FOR SPARK-IGNITION MARINE ENGINES AND MAY NOT BE INSTALLED ON A BOAT FOR ANY PURPOSE OTHER THAN COMPETITION." (E) Engine displacement (in cubic centimeters, cubic inches, or liters) of the individual engine upon which the engine label is affixed. (e) An engine label may state that such engine conforms to any other applicable state or federal emission standards for new spark-ignition marine engines, or any other information that the engine manufacturer deems necessary for, or useful to, the proper operation and satisfactory performance of the engine. (f) Engine identification number. Each engine must have a legible, unique engine identification number permanently affixed to or engraved on the engine. (g) Supplemental Engine Label Content and Location for Personal Watercraft and Outboard Engines only. (1) When a final engine, equipment, or watercraft assembly that is marketed to any ultimate purchaser is manufactured and the engine label affixed by the engine manufacturer is not readily visible, the manufacturer of the final engine, equipment or watercraft assembly (i.e., original equipment manufacturer) must affix a supplemental engine label upon the engine, equipment or watercraft. The supplemental label must be made of plastic or metal, and must be welded, riveted or otherwise affixed permanently to an area of the engine, equipment or watercraft so as to be readily visible. (2) The original equipment manufacturer required to affix a supplemental label must consider the possibility of accidental damage to the supplemental engine label in the determination of the label location. Such a label must not be attached to any engine, equipment or watercraft component that is likely to be replaced during the useful life of the engine, equipment or watercraft (as applicable), and/or is not integral to the engine's operation. Such a label must not be attached to any engine or equipment component that is easily detached from the engine, equipment or watercraft (as applicable). (3) The supplemental engine label must conform to the engine label requirements in Subsections (c)(3) and (4), except that the date of manufacture specified in Subsection (c)(4)(F) may be deleted from the supplemental engine label. When the date of engine manufacture does not appear on the supplemental engine label, the responsible original equipment manufacturer must display (e.g., label, stamp, etc.) the date elsewhere on the engine, equipment or watercraft so as to be readily visible. The original equipment manufacturer must also display the engine identification number elsewhere on the engine that is readily visible if the original number is obscured by the equipment manufacturer's equipment. (h) As used in this section, readily visible means that a label is readable by an average person from a distance of 46 centimeters (18 inches) without any obstructions from equipment, watercraft or engine parts (including all engine manufacturer or original equipment manufacturer (as applicable) available optional equipment) except for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out of the way without disconnection. Alternatively, the label and engine identification information required by these specifications must be no smaller than two (2) millimeters in height (with the exception of units of measurement) provided that no equipment or engine parts (including all engine manufacturer available optional equipment), except for flexible parts, obstruct the label(s). (i) The label(s), engine identification number(s) and any adhesives used must be designed to withstand, for the engine's or watercraft's useful life, typical environmental conditions in the area where the label(s) required by this section are affixed. Typical equipment environmental conditions include, but are not limited to, exposure to extreme heat or cold, engine fuels, lubricants and coolants (e.g., gasoline, motor oil, saltwater, ethylene glycol). The engine manufacturer must submit, with its certification application, a statement attesting that its labels and engine identification numbers comply with these requirements. (j) The engine manufacturer must obtain approval from the Executive Officer for all label and engine identification number formats and locations in conjunction with the engine family certification. Approval of specific maintenance settings on labels is not required; however, the format for all such setting and tolerances, if any, is subject to review. If the Executive Officer finds that the information on the label or engine identification number is vague or subject to misinterpretation, or that the location does not comply with these specifications, the Executive Officer may require that the label(s), engine identification number(s) or location(s) be modified accordingly. (k) Samples of all actual production labels used within an engine family must be submitted to the Executive Officer within thirty days after the start of production. Engine manufacturers must provide samples of their own applicable production labels, and samples of applicable production original equipment manufacturer labels that are accessible to the engine manufacturers due to the direct market arrangement between such manufacturers. (l) The Executive Officer may approve alternate label and engine identification number locations. The Executive Officer may also, upon request, waive or modify the label content requirements provided that the intent of this section is met. (m)(1) If the Executive Officer finds any engine manufacturer using labels and engine identification numbers that are different from those approved or do not substantially comply with the readability or durability requirements set forth in these specifications, the engine manufacturer will be subject to revocation or suspension of Executive Orders for the applicable engine families and subject to being enjoined from any further sales or distribution of such noncompliant engine families in the State of California pursuant to section 43017 of the Health and Safety Code. Additional penalties may be assessed to the extent permissible under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine manufacturer, the Executive Officer will consider any information provided by the engine manufacturer. (2) If the Executive Officer finds any original equipment manufacturer using labels for which it has responsibility for attaching that are different from those approved or that do not substantially comply with the readability or durability requirements set forth in these specifications, the equipment manufacturer will be subject to being enjoined from any further sales or distribution, of applicable equipment product line that uses noncompliant labels in the State of California pursuant to section 43017 of the Health and Safety Code. Additional penalties may be assessed to the extent permissible under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the equipment manufacturer, the Executive Officer will consider any information provided by the equipment manufacturer. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2443.2. Consumer/Environmental Label Requirements. (a) Purpose. The purpose of this section is to require engine manufacturers to affix a single label on each production spark-ignition marine engine (or watercraft, as applicable) that provides potential engine owners, engine owners, and enforcement personnel with information on the relative cleanliness of the engine under the Air Resources Board's standards. (b) Applicability. This section applies to: (1) Model year 2001 and later spark-ignition personal watercraft and outboard marine engines and model year 2003 and later spark-ignition inboard and sterndrive marine engines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013; (2) Federally certified spark-ignition marine engines produced prior to model year 2001 that comply with the emission standards pursuant to section 2442; and (3) Spark-ignition personal watercraft and outboard marine engines produced prior to model year 2001 and shown by the manufacturer to comply with the emission standards pursuant to section 2442. (c) If an engine manufacturer has certified a spark-ignition marine engine family to an FEL at or below the exhaust emission standard designated in section 2442(a), Table 1, the engine manufacturer (or equipment/watercraft manufacturer who uses such engines) must label each new engine within the engine family as a compliant engine pursuant to this section. If the engine family fails in-use compliance and/or production line testing and corrective action is not taken within thirty (30) days, the engine manufacturer must cease representation of any engines within the family as compliant engines. In this case, corrective action refers only to physical changes made to bring the engine into compliance with its original FEL. Spark-ignition marine engines as described in paragraph (b)(2) may be labeled pursuant to the provisions of this section before the 2001 model year if such engines comply with Title 40, Code of Federal Regulations, Part 91 [October 4, 1996], which is incorporated herein by reference. Spark-ignition marine engines as described in paragraph (b)(3) may be labeled pursuant to the provisions of this section before the 2001 model year if such engines are tested using certification test procedures plus a thirty (30) percent deterioration factor, as applicable. Alternative demonstrations of emissions performance may be used for engines described in paragraphs (b)(2) and (b)(3) if the engine manufacturer demonstrates to the Executive Officer's satisfaction that the emissions performance is representative of actual emissions for the engine family. Any use of the label described below counter to the requirements set forth herein violates this section and may subject the engine manufacturer to penalties as permitted by Part 5, Division 26 of the Health and Safety Code. (1) Facsimiles of the label format are shown in Figure 1. Figure 1 (NOTE: Labels are not to scale.) (A) The engine manufacturer must ensure that the label has the following characteristics: (i) Oval shape; (ii) Dimensions of no less than three inches wide by two and a half inches high, except that it may be no less than two inches by one and two thirds inches high for engines that have power outputs of 11.2 kW (15 hp) or less; (iii) A watermark as shown in Figure 2 that is a clear laminate. The watermark must cover the entire label and be screened at no less than fifteen percent; and (iv) All written information required by paragraph (c)(4)(B) must be in the English language and the font must be sans serif. The characters must be a minimum of two (2) millimeters in height except as specified in paragraph (b)(1)(B)(i)(d), and of a color that contrasts with the background on which it is displayed. Figure 2 (B) Multiple levels of cleanliness. Progressively clean engines shall carry the following notations (as applicable): (i) An engine that has an FEL or that has been certified at or below the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this section for Tier 1 must include the phrase "LOW EMISSION" and a single star symbol as shown in Figure 1. (ii) An engine that has an FEL or that has been certified at or below the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this section for Tier 2 must include the phrase "VERY LOW EMISSION" and two star symbols as shown in Figure 1. (iii) An engine that has an FEL or that has been certified at or below the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this section for Tier 3 must include the phrase "ULTRA LOW EMISSION" and three star symbols as shown in Figure 1. (iv) An engine that has an FEL or that has been certified at or below the hydrocarbon plus oxides of nitrogen standard listed in Table 1 of this section for Tier 4 must include the phrase "SUPER ULTRA LOW EMISSION" and four star symbols as shown in Figure 1. Table 1. Hydrocarbon plus Oxides of Nitrogen Standards (in g/kW-hr) Tier P <4.3 P 1 81.00 (0.25 x (151+557/P 0.9))+6.0))+6.0 2 64.80 (0.20 x (151+557/P 0.9))+4.8 3 30.00 (0.09 x (151+557/P 0.9))+2.1 4 5.0 5.0 Where P means the average power in kW (sales-weighted) of the subject engine family. (iv) All phrases encircling the top portion must have block characters that are a minimum of five (5) millimeters in height except that the characters may be three (3) millimeters for labels sized as allowed pursuant to paragraph (c)(1)(A)(i) for engines that have power outputs of 11.2 kW (15 hp) or less. (C) Language other than that specified in paragraph (b)(1)(B) must not be used unless permitted by the Executive Officer. (D) The color of the outer oval and stars on the labels must contrast with the engine cover or watercraft hull. The color of the interior oval (i.e., background for the stars) must contrast with the color of the outer oval and stars. (2) Label Location. For outboard engines, a single label must be permanently affixed to the back of the engine cover or cowling. For personal watercraft, a single label must be affixed two to three inches to the right of the required location of the California Assigned Vessel Number displayed on the port side of the hull. For inboard and sterndrive engines, labels must be affixed to the engine and to the port side of the hull, either to the right or left and in close proximity to the required location of the California Assigned Vessel Number. Each label must be manufactured and permanently affixed so that it cannot be removed without destroying or defacing the label, must be readily visible and must not be affixed to any location that is likely to be replaced during the engine's useful life. For the purposes of this paragraph, readily visible means that the label's shape and number of stars are discernible from a distance of 100 feet. (3) The labels and any adhesives used must be designed to withstand, for the engine's or watercraft's useful life, typical environmental conditions in the area where the labels required by this section are affixed. Typical equipment environmental conditions include, but are not limited to, exposure to extreme heat or cold, moisture, engine fuels, lubricants and coolants (e.g., gasoline, motor oil, saltwater, ethylene glycol). The engine manufacturer must submit, with its certification application, a statement attesting that its labels and engine identification numbers comply with these requirements. (4) For Personal Watercraft and Outboard Marine Engines: (A) Labels must be affixed to new watercraft or engines by the engine manufacturer or the original equipment manufacturer. If affixed by the original equipment manufacturer, the engine manufacturer remains the ultimate party responsible for ensuring that the labels are correctly administered. Improper labeling or distribution of labels will subject the engine manufacturer to penalties as described in paragraph (h). (B) Labels on engines or watercraft described in paragraphs (b)(2) and (b)(3) may be applied by either the engine manufacturer, the original equipment manufacturer, distributors or dealers. However, the engine manufacturer remains the ultimate party responsible for ensuring that the labels are correctly administered. Improper labeling or distribution of labels will subject the engine manufacturer to penalties as described in paragraph (h). If the labels are applied by the distributor or dealer, the engine manufacturer must include its name and a serial number on the lower portion of the label as shown in Figure 1. The format of the serial number will be two alpha characters followed by five numeric characters (e.g., AA12345). The serial numbers must be recorded by the distributor or dealer and reported to the manufacturer of the engine when installed on a pre-2001 model year watercraft or engine. These numbers must be made available to the Executive Officer upon request. (5) For Inboard and Sterndrive Marine Engines: (A) Labels on Engines. Labels must be affixed to new engines by the engine manufacturer. The engine manufacturer is responsible for ensuring that appropriate environmental labels are properly applied to its engines. Improper labeling or distributing of labels will subject the engine manufacturer to penalties as described in paragraph (h) of this section. (B) Labels on Watercraft. Labels must be affixed to the port side of watercraft by the watercraft/original equipment manufacturer. The watercraft/original equipment manufacturer is responsible for ensuring that appropriate labels are properly applied to its watercraft. Improper labeling or distributing of hull environmental labels will subject the watercraft/original equipment manufacturer to penalties as described in paragraph (h). Engine manufacturers are responsible for providing labels that correspond with the engine for all engines supplied to watercraft/original equipment manufacturers. Engine manufacturers also are responsible for providing to the watercraft/original equipment manufacturers instructions regarding label selection and placement. Failure to provide appropriate labels and instructions to the watercraft/original equipment manufacturer will subject the engine manufacturer to penalties as described in paragraph (h) of this section. (d) If the engine or watercraft cannot be adequately labeled under the requirements of paragraph (c), the engine manufacturer may request modification of these requirements from the Executive Officer. (e) Replacement engines installed in hulls, cowlings or watercraft that had been previously labeled in accordance with these specifications must have identical or improved emissions to that of the original certified engine. (f) Samples of all labels produced pursuant to this section must be submitted to the Executive Officer with the applicable certification application. (g) Engines that are labeled in accordance with this section and subsequently modified with add-on or modified parts that are not exempted by the Executive Officer are subject to label removal by an ARB Enforcement Officer or other authorized party. (h) If the Executive Officer finds any engine manufacturer using labels for which it has responsibility for attaching that are different from those approved or that do not substantially comply with the discernibility or durability requirements set forth in these specifications, the engine manufacturer will be subject to being enjoined from any further sales or distribution of applicable equipment product line that uses noncompliant labels in the State of California pursuant to section 43017 of the Health and Safety Code. If the Executive Officer finds any engines or watercraft with labels that are not affixed in accordance with paragraph (c)(1)(B), the engine manufacturer or watercraft/original equipment manufacturer that was resonsible for label placement must remove the labels from all affected watercraft and engines and will be subject to being enjoined from any further sales or distribution, of applicable equipment product line that uses noncompliant labels in the State of California pursuant to section 43017 of the Health and Safety Code. Additional penalties may be assessed to the extent permissible under Part 5, Division 26 of the Health and Safety Code. Before seeking remedial action against the engine or equipment manufacturer, the Executive Officer will consider any information provided by the engine or equipment manufacturer. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2443.3. Environmental Label/Consumer Notification Requirements. (a) Applicability. This section applies to model year 2001 and later spark-ignition personal watercraft and outboard marine engines and model year 2003 and later spark-ignition inboard and sterndrive marine engines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013. (b) A nonpermanent label (i.e., hang tag) must be attached to each personal watercraft or outboard engine, as applicable, at time of sale. A nonpermanent label (i.e., hang tag) produced and supplied by the engine manufacturer must be attached, by the seller, to each inboard and sterndrive engine or watercraft, as applicable, when introduced for sale to ultimate purchasers. Environmental labels pursuant to this section shall include a copy of the following: Front of Hang Tag: Back of Hang Tag: One Star - Low-Emission The one-star label identifies engines that meet the Air Resources Board's Personal Watercraft and Outboard marine engine 2001 exhaust emission standards. Engines meeting these standards have 75% lower emissions than conventional carbureted two-stroke engines. These engines are equivalent to the U.S. EPA's 2006 standards for marine engines. Two Stars - Very Low Emission The two-star label identifies engines that meet the Air Resources Board's Personal Watercraft and Outboard marine engine 2004 exhaust emission standards. Engines meeting these standards have 20% lower emissions than One Star - Low-Emission engines. Three Stars - Ultra Low Emission The three-star label identifies engines that meet the Air Resources Board's Personal Watercraft and Outboard marine engine 2008 exhaust emission standards or the Sterndrive and Inboard marine engine 2003-2008 exhaust emission standards. Engines meeting these standards have 65% lower emissions than One Star - Low Emission engines. Four Stars - Super Ultra Low Emission The four-star label identifies engines that meet the Air Resources Board's Sterndrive and Inboard marine engine 2009 exhaust emission standards. Personal Watercraft and Outboard marine engines may also comply with these standards. Engines meeting these standards have 90% lower emissions than One Star - Low Emission engines. Cleaner Watercraft - Get the Facts 1-800-END-SMOG www.arb.ca.gov (1) Facsimiles of the four environmental labels, as described in section 2443.2(c)(1), with the appropriate label circled or otherwise identified as being applicable to the spark-ignition marine engine, must be displayed on the nonpermanent label. Each facsimile must have dimensions no less than one inch by four-fifths inch. (2) For outboard engines greater than 130 horsepower, facsimiles of only the "Low Emission Engine" and "Very Low Emission Engine" labels described in sections 2443.2(c)(1)(B)(i) and (ii) need to be displayed on the nonpermanent label until the earlier of: (A) the 2004 model year; or (B) the first model year after the date the ARB certifies the first outboard engine family greater than 130 horsepower to the 2008 model year standards. (3) For personal watercraft, facsimiles of only the "Low Emission Engine" and "Very Low Emission Engine" labels described in sections 2443.2(c)(1)(B)(i) and (ii) need to be displayed on the nonpermanent label until the earlier of: (A) the 2004 model year; or (B) the first model year after the date the ARB certifies the first personal watercraft engine family to the 2008 model year standards. (4) All textual information (i.e., characters and/or lettering) required by this section must be no smaller than two (2) millimeters in height. (c) The information required by paragraph (b) must also be provided in the owner's manual and in the engine manufacturer's application for certification. (d) Samples of all labels produced pursuant to this section must be submitted to the Executive Officer with the applicable certification application. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2444. In-Use Compliance Testing and Recall Regulations - Model Year 2001 and Later Spark-Ignition Marine Engines. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2444.1. In-Use Compliance Testing and Recall Regulations - Model Year 2001 and Later Spark-Ignition Marine Engines. (a) Applicability. This section applies to model year 2001 and later spark-ignition personal watercraft and outboard marine engines, which have been certified to the applicable emission standards pursuant to Health and Safety Code section 43013. Spark-ignition inboard and sterndrive marine engines shall comply with the in-use compliance testing and recall requirements found in Title 13, California Code of Regulations, Sections 2111 through 2140 and 2147. (b) Manufacturer In-Use Compliance Test Procedures. (1) For the purposes of this section, the Air Resources Board will accept emission data collected from the in-use testing program implemented by the United States Environmental Protection Agency as specified in Title 40, Code of Federal Regulations, section 91.803 [October 4, 1996], which is incorporated herein by reference. (2) The Executive Officer, may, upon notice to the engine manufacturer and after review of the engine families identified by the United States Environmental Protection Agency for federal in-use testing, prescribe that a California-specific in-use testing program be conducted pursuant to paragraph (b)(3) at the engine manufacturer's expense if: (A) The results obtained from the federal in-use test program pursuant to paragraphs (b)(1) of this section are determined not to be representative of engines sold and operated in California; or, (B) The necessity is supported by other data or information (e.g., California-only engine families). (3) California In-Use Testing Program. (A) The Executive Officer shall identify engine families and those configurations within families offered for sale in California that the engine manufacturer must then subject to in-use testing for the specified model year. The number of engine families identified shall not exceed 25 percent of the engine manufacturer's families offered for sale in California. The Executive Officer may allow for reduced testing upon the engine manufacturer's demonstration of consistent compliance with the applicable emission standards. (B) Number of Engines to be Tested. The number of engines to be tested by an engine manufacturer must be determined by the following method: (i) A minimum of two (2) engines per family provided that no engine fails any standard. For each failing engine, two (2) more engines must be tested until the total number equals ten. (ii) For engine families of less than 50 engines (California sales) for the identified model year or for engine manufacturers who make less than or equal to 200 engines (California sales) for that model year, a minimum of one engine per family provided that this engine does not fail any standard. If this engine fails, two (2) more engines shall be tested. For each additional engine failure, the engine manufacturer must continue testing two (2) additional engines until the total number equals eleven. (iii) If an engine family was certified using carryover emission data and has been previously tested under paragraph (b)(3)(B) without an ordered recall, then only one engine for that family must be tested. If this engine fails any standard, testing must be conducted as outlined in paragraphs (b)(3)(B), as applicable. (C) At the discretion of the Executive Officer, an engine manufacturer may test more engines than the minimums described in paragraph (b)(3)(B) or may concede failure before testing a total of ten engines. (D) The Executive Officer will consider failure rates, average emission levels and the existence of any defects among other factors in determining whether to pursue remedial action under this subsection. The Executive Officer may request an ordered recall pursuant to paragraph (e)(2) (E) The Executive Officer may approve an alternative to engine manufacturer in-use testing where: (i) engine family production in California is less than or equal to 20 per year; or (ii) engines cannot be obtained for testing because they are used substantially in watercraft that are not conducive to engine removal such as large watercraft where the engine cannot be removed without dismantling either the engine or the watercraft; or (iii) other compelling circumstances associated with the structure of the industry and uniqueness of spark-ignition marine engine applications. Such alternatives shall be designed to determine whether the engine family is in compliance in-use. (F) Collection of In-Use Engines. The engine manufacturer shall procure in-use engines that have been operated between half and three-quarters of the engine's useful life. For purposes of paragraph (b) only, "useful life" means ten (10) years or 350 hours of operation for outboard engines and five (5) years or 350 hours of operation for personal watercraft engines. The engine manufacturer may test engines from more than one model year in a given year. The engine manufacturer shall begin testing within twelve (12) months after receiving notice that the Executive Officer has identified a particular engine family for testing and shall complete testing within twelve months from the start of such testing. Test engines may be procured from sources associated with the engine manufacturer (i.e., manufacturer-established fleet engines, etc.) or from sources not associated with the engine manufacturer (i.e., consumer-owned engines, independently-owned fleet engines, etc.). (G) Maintenance, Procurement and Testing of In-Use Engines. (i) A test engine must have a maintenance and use history representative of actual in-use conditions. a. The engine manufacturer must obtain information from the end users regarding the accumulated usage, maintenance, operating conditions and storage of the test engines. b. Documents used in the procurement process must be maintained as required by section 30 of the Test Procedures. (ii) The engine manufacturer may perform minimal "set-to-specification" maintenance on components of a test engine that are not subject to parameter adjustment. Maintenance may include only that which is listed in the owner's manual for engines with the amount of service and age of the acquired test engine. Documentation shall be maintained and retained as required by section 30 of the Test Procedures. (iii) At least one valid emission test, performed according to the test procedures outlined in Part IV of the Test Procedures is required for each in-use engine. (iv) The Executive Officer may waive portions or requirements of the test procedures, if any, that are not necessary to determine in-use compliance. (v) If a selected in-use engine fails to comply with any applicable emission standard, the engine manufacturer must determine the reason for noncompliance. The engine manufacturer must report all such reasons of noncompliance within fifteen days of completion of testing. (c) Reports and Evaluation (1) The engine manufacturer must maintain and submit sufficient records to the Executive Officer within three months of completing testing from the in-use program. These records must include, but need not be limited to, the following for each test engine: (A) Engine family. (B) Engine model. (C) Engine identification (or serial) number. (D) Date of manufacture. (E) Estimated hours of use. (F) Date and time of each test attempt. (G) Results (if any) of each test attempt. (H) Results of all emission testing. (I) Summary of all maintenance and/or adjustments performed. (J) Summary of all modifications and/or repairs. (K) Determinations of noncompliance and probable causes of failure. (L) Description of operating and storage conditions. (2) If the results of the in-use emission tests indicate that the average emissions of the test engines for any regulated pollutant exceed the applicable emission standards specified in Title 13, California Code of Regulations, section 2442, the entire engine population so represented shall be deemed to exceed the standards. The Executive Officer shall notify the engine manufacturer of the test results and upon receipt of the notification, the engine manufacturer has 45 days to submit a plan to make up all excess emissions resulting from in-use testing non-compliance in accordance with paragraph (c)(3). If excess emissions cannot be made up in accordance with paragraph (c)(3), the engine manufacturer must implement a voluntary recall plan in accordance with the applicable portions of paragraphs (d) and (e). If no excess emissions cannot be made up in accordance with paragraph (c)(3) and the engine manufacturer does not implement a voluntary recall plan, the Executive Officer may prescribe the implementation of an ordered recall pursuant to the applicable portions of paragraph (e)(2). (3) All excess emissions resulting from in-use noncompliance with the California standard must be made up in the model year following the model year in which the notification of noncompliance is received. In-use noncompliance may not be remedied through implementation of the federal in-use credit program described in Title 40, Code of Federal Regulations, Part 91, Subpart N [October 4, 1996]. As an alternative to recall and with prior approval from the Executive Officer, the engine manufacturer may make up the excess emissions by any one or combination of the following options: (A) Recertification of the noncompliant engine family to a lower emission level (or higher FEL) that makes up for the noncompliance, while maintaining compliance on a corporate average basis; (B) Implementation of a running change and/or field fix on the noncompliant engine family; (C) Implementation of market-based incentives, to be approved by the Executive Officer, to make up the noncompliance; or (D) Payment of a noncompliance penalty to be determined by the Executive Officer on a per engine basis as provided by Part 5, Division 26 of the Health and Safety Code. (d) Voluntary Emission Recalls. (1) When an engine manufacturer initiates a voluntary emission recall campaign, the Executive Officer shall be notified of the recall at least thirty (30) days before owner notification is to begin. The engine manufacturer shall also submit a voluntary recall plan for approval, as described in paragraph (e) below. A voluntary recall plan shall be deemed approved by the Executive Officer within thirty (30) days after receipt of the recall plan unless objected to in the interim. (2)(A) When any engine manufacturer, based on enforcement test results or any other information provided to or required by the ARB, proposes to initiate a voluntary emission recall program, the engine manufacturer shall submit for approval by the Executive Officer an emission recall plan as described in paragraph (e) below. The plan shall be submitted within 45 days following the receipt of a notification from the ARB that enforcement test results or other information demonstrate an engine noncompliance. (B) The Executive Officer shall approve the recall plan in writing if it contains the information specified in paragraph (e) where specified and is designed to notify the engine/watercraft owner and correct the noncompliance in an expeditious manner. Notification of engine/watercraft owners and the implementation of recall repairs shall commence no later than the schedule specified under paragraph (e)(1)(C) and (e)(1)(D), respectively, unless the engine manufacturer can show good cause for the Executive Officer to extend the deadline. If the plan does not contain the provisions of paragraph (e), the Executive Officer shall disapprove the plan in writing and require revisions where deemed necessary. The engine manufacturer may contest such a disapproval by requesting a hearing pursuant to Subchapter 1.25, Title 17, California Code of Regulations. If no request for a hearing is made or the hearing upholds the disapproval, the engine manufacturer shall incorporate all requested revisions to the plan and begin implementation of the recall plan within sixty (60) days of receipt of the disapproval. (C) The engine manufacturer may also request a public hearing pursuant to the procedures set forth in Subchapter 1.25, Title 17, California Code of Regulations to contest the finding of nonconformity and the need for an ordered recall. If such a hearing occurs and the nonconformity is confirmed therefrom, the engine manufacturer shall submit the recall plan required by paragraph (e)(2) within thirty (30) days after receipt of the Board's decision unless an extension is granted by the Executive Officer. (e) Voluntary and Ordered Recall Plans. (1) The recall plan for voluntary and ordered recalls must be submitted to the Executive Officer for review and must contain the following information unless otherwise specified: (A) A description of each class or category of engines recalled, including the number of engines to be recalled, the model year, and such other information as may be required to identify the engines recalled; (B) A description of the specific modifications, alterations, repairs, corrections, adjustments or other changes to be made to correct the engines affected by the emission-related defect; (C) A description of the method by which the engine manufacturer will notify engine/watercraft owners; (D) A description of the procedure to be followed by engine/watercraft owners to obtain correction of the nonconformity. This may include the date on or after which the engine/watercraft owner can have the nonconformity corrected, the time reasonably necessary to perform the labor to correct the nonconformity and the designation of facilities at which the nonconformity can be remedied; (E) A description of the class of persons other than dealers and authorized warranty agents of the engine manufacturer who will remedy the defect; (F) A description of the system by which the engine manufacturer will assure that an adequate supply of parts is available to perform the repair under the plan, including the date by which an adequate supply of parts will be available to initiate the repair campaign, and the method to be used to assure the supply remains both adequate and responsive to engine/watercraft owner demand; (G) A copy of the letter of notification to be sent to engine/watercraft owners; and (H) A copy of all necessary instructions to be sent to those persons who are to perform the repair. (2) For an ordered recall, the recall plan shall include the information required for voluntary recall plans as specified in paragraphs (e)(1). Additionally, it shall include the following: (A) A plan describing how the maximum feasible capture rate will be achieved for recalls based on either the exceedance of emission standard or on the failure of an emission-related component. (B) The plan shall also include a schedule for implementing actions to be taken including identified increments of progress towards implementation and deadlines for completion of each increment. If, after good faith efforts, the engine manufacturer cannot reach the maximum feasible capture rate by the applicable deadline, the engine manufacturer must propose mitigation efforts to be approved by the Executive Officer that will offset the emissions of the unrepaired engines. (3) The engine manufacturer must not condition repair of the noncomplying engine/watercraft on the proper maintenance or use of the engine except for compelling reasons approved by the Executive Officer. The engine manufacturer, however, is not obligated to repair a component which has been removed or modified. (4) Record keeping and Reporting Requirements. (A) The engine manufacturer shall report on the progress of the voluntary or ordered recall program by submitting a report one year from the date owner notification begins and a final report an additional year later. Such reports shall be submitted to the Chief, Mobile Source Operations Division, P.O. Box 8001, 9528 Telstar Avenue, El Monte, CA 91734-8001. For each class of engine subject to the recall program, the yearly report shall contain: (i) Engine family and emission recall campaign number designated by the engine manufacturer. (ii) Date engine/watercraft owner notification was begun, and date completed. (iii) Number of engines involved in the voluntary or ordered recall campaign. (iv) Number of engines known or estimated to be affected by the nonconformity and an explanation of how this number was determined. (v) Number of engines inspected pursuant to the voluntary or ordered recall plan. (vi) Number of inspected engines found to be affected by the nonconformity. (vii) Number of engines receiving repair under the recall plan and a listing of these engines' engine identification numbers. (viii) Number of engines determined to be ineligible for recall action due to removed or modified parts. (ix) A copy of any service bulletins transmitted to dealers or other authorized repair facilities which pertain to the nonconformity to be corrected and that have not previously been reported. (x) A copy of all communications transmitted to engine/watercraft owners that relate to the nonconformity and that have not previously been submitted. (B) If the engine manufacturer determines that any of the information submitted pursuant to paragraph (4)(A) above has changed or was incorrect, revised information and an explanation must be submitted. Responses to subsections (4)(A)(v),(vi),(vii),(viii) and (ix) above shall be cumulative totals. (C) The engine manufacturer shall maintain the names and addresses of engine/watercraft owners: (i) To whom notification was given; (ii) Whose engines were repaired or inspected under the recall plan; and (iii) Whose engines were determined not to qualify for repair due to removed or modified components. (D) All reports shall be maintained for not less than one year beyond the useful life of the engines and shall be made available to authorized personnel of the ARB upon request. (f) Penalties. Under an ordered recall, failure of the engine manufacturer to notify the engine/watercraft owners and repair the engines in the manner specified in the recall plan constitutes a violation of Health and Safety Code section 43105 and subjects the engine manufacturer to penalties pursuant to Part 5, Division 26 of the Health and Safety Code. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2444.2. On-Board Engine Malfunction Detection System Requirements - Model Year 2007 and Later Spark-Ignition Inboard and Sterndrive Marine Engines. All 2007 and 2008 model year spark-ignition inboard and sterndrive marine engines certified to the 5.0 grams per kilowatt-hour HC+NOx standard shall comply with the requirements for subsections (a) through (h) below, except as noted. For all 2009 model year and later spark-ignition inboard and sterndrive marine engines, the requirements initalics shall also apply. This section shall be implemented according to the provisions of the following subsections or by means determined by the Executive Officer to be equivalent in meeting the requirements of this section. (a) General requirements. (1) Spark-ignition sterndrive and inboard marine engines sold as new shall be equipped with an integrated malfunction detection and notification system, hereinafter known as On-board Diagnostics-Marine (OBD-M) system, to identify emission-related malfunctions of the catalyst, fuel system, primary oxygen sensors used for feedback fuel control, secondary oxygen sensors (if equipped) used for catalyst monitoring, computer-sensed comprehensive components, and the on-board computer itself, by means of diagnostic trouble codes stored in non-volatile computer memory. For this section, a computer-sensed comprehensive component is any electronic device that: (A) provides information to the on-board computer and significantly impacts emissions when malfunctioning; or (B) is used to enable or disable any other OBD-M monitoring strategy. (2) The OBD-M system shall not be required to identify engine misfire unless such monitoring is determined necessary by the Executive Officer to preserve or protect the catalyst system. The Executive Officer shall (as part of the in-water testing and development program to be conducted in conjunction with U.S. EPA, the U.S. Coast Guard, the marine industry, and catalyst manufacturers) identify whether, and to what extent, misfire in spark-ignition inboard and sterndrive marine engines may affect catalyst durability and performance. If the Executive Officer determines that engine misfire is a significant factor in reducing the durability and/or performance of marine catalysts, engine manufacturers shall be required to incorporate appropriate misfire detection diagnostics into the OBD-M system. In that case, the provisions in subsection (b)(5) shall be considered sufficient for satisfying the obligation to monitor misfire. Alternate misfire monitoring strategies shall be considered by the Executive Officer and may be implemented in lieu of subsection (b)(5) if demonstrated by the engine manufacturer to provide an equivalent degree of catalyst protection. Otherwise the provisions of that subsection shall be voluntary. In making a determination, the Executive Officer shall consider the cost effectiveness of requiring additional monitoring to address the concerns identified by the test program in addition to the leadtime necessary to modify existing hardware and software, to add misfire detection hardware (e.g., sensors) if necessary, and to develop engine-specific calibrations to accommodate misfire monitoring. Notwithstanding, misfire monitoring shall not be required prior to the 2009 model year, and may be delayed beyond that date pending Executive Officer discretion. (3) The OBD-M system shall not be required to detect any emissions-related malfunction that prevents the engine from starting. The OBD-M system shall not be required to monitor any emissions-related component or system if the only reliable way to accomplish such monitoring would either significantly impair engine/vessel operability or decrease the safety involved with operating the engine/vessel. (4) OBD-M systems shall have the capability to activate an audio or visual alert device located on the marine vessel to inform vessel occupants in the event of a malfunction, and to transmit diagnostic information locally via a standardized data link connector. (5) Spark-ignition sterndrive and inboard marine vessels shall be equipped with an audio alert device and/or visual alert device that is compatible with the activation function of the OBD-M system on the installed engine. (A) If equipped, the audio alert device shall provide sufficient volume and intensity to be readily perceptible to vessel occupants during normal modes of vessel operation and occupant activity, but shall not exceed applicable maximum noise levels as set by authorized federal or State agencies. Further, the audio alert device shall in no way impede the function of required sound-signaling devices, or other safety-related devices, already present on the vessel. The audio alert device shall sound briefly in the engine-run key position before engine cranking to indicate that the audio alert device is functional. (B) If equipped, the visual alert device shall provide sufficient activation and be located such that it is readily visible under normal lighting conditions, but shall in no way impede the function of any visual distress-signaling device, fog signal, or navigational light. The visual alert device shall activate in the engine-run key position before engine cranking to indicate that the visual alert device is functional and shall, when activated, display the phrase "Service Required" or an equivalent standardized phrase or symbol to be determined as specified in Subsection (g). (6) Malfunction thresholds for catalyst, fuel system, oxygen sensor, and computer-sensed comprehensive component diagnostics shall be determined by the engine manufacturer. However, the engine manufacturer must demonstrate that the determination of these thresholds is sufficient for detecting emission-related malfunctions in a timely and meaningful manner subject to Executive Officer approval (see Subsection (e)(2)). (7) Regarding diagnostic system monitoring and audio/visual alert device activation requirements, engine manufacturers are required to define monitoring conditions that are representative of typical in-use operation, and which will result in the routine execution and completion of all OBD-M diagnostics in-use. (8) For model years 2007-2008, activation of the audio/visual alert device upon detection of a catalyst, fuel system, or oxygen sensor malfunction shall be optional. However, there are no exemptions from storing diagnostic trouble codes in non-volatile computer memory during these model years for any malfunction. The OBD-M must be capable of fully communicating stored information to a generic scan tool via the standardized data link connector. (9) Engine manufacturers may employ alternate statistical audio/visual alert device activation and diagnostic trouble code storage protocols to those specified in these requirements, subject to Executive Officer approval, based on comparable timeliness in detecting a malfunction and evaluating system performance. (10) Should emission control devices/strategies be introduced on the engine in addition to those identified herein as requiring monitoring (e.g., exhaust gas recirculation), the engine manufacturers shall notify the Executive Officer and submit a plan for monitoring the new device/strategy prior to its incorporation into the OBD-M system. (11) Engine manufacturers may request Executive Officer approval to disable any diagnostic strategy at ambient engine starting temperatures below forty (40) degrees Fahrenheit (low ambient temperature conditions may be determined based on intake air or engine coolant temperature at engine starting), and at elevations above six thousand five hundred (6,500) feet above sea level provided the engine manufacturer submits data and/or an engineering evaluation which adequately demonstrate that monitoring would be unreliable when such conditions exist. Notwithstanding, diagnostic system disablement may be requested at other ambient engine starting temperatures if the engine manufacturer adequately demonstrates with data and/or an engineering evaluation that misdiagnosis would occur due to the impact of such ambient temperatures on the performance of the component itself. (12) Engine manufacturers may disable individual monitors that can be affected by running out of fuel, provided disablement will not occur when the fuel level is above fifteen percent of the nominal capacity of the fuel tank. (13) The Executive Officer may grant an extension for compliance with the requirements of this section, with respect to an engine model or engine family, if the engine manufacturer demonstrates that a present electronic control system cannot be modified in time for the 2007 model year because major design changes, not consistent with the engine manufacturer's projected changeover schedule, would be needed to comply with the provisions of the regulation. The period of extension shall not exceed that period of time necessary to enable modification of the electronic control system in accordance with the engine manufacturer's projected changeover schedule, or a period of two years, whichever first occurs. Engine manufacturers requesting an extension shall, no later than six months prior to the applicable model year, submit to the Executive Officer a written request for exemption, setting forth the required demonstration and specifying the period for which the extension is requested. (b) Monitoring requirements. (1) Catalyst monitoring. (A) Purpose and scope: (i) The diagnostic system shall monitor the catalyst system on spark-ignited marine engines to ensure that the performance of the catalyst has not been compromised due to engine misfire or other factors that can decrease catalyst durability. (ii) Manufacturers of spark-ignited lean-burn marine engines may request that the Executive Officer exempt such applications from these catalyst monitoring requirements if it can be demonstrated that a reliable monitoring technology is not available. The Executive Officer shall approve such a request upon determining that all reasonable monitoring technologies have been considered to the extent possible. (B) Malfunctioning criteria: (i) The catalyst system shall be considered malfunctioning when the temperature of the measured catalyst(s) exceeds a threshold value, as determined by the engine manufacturer, indicating abnormally high operating temperature; or when the catalyst temperature fails to reach a minimum value, as determined by the engine manufacturer, indicating "light-off" of the catalyst after a manufacturer-specified time interval has elapsed. (ii) Subject to executive officer approval, alternate malfunction criteria (e.g., correlating oxygen sensor frequencies to catalyst conversion efficiency) may be employed by the engine manufacturer if the alternate criteria are appropriate and would provide for enhanced monitoring capability. (C) Monitoring conditions: (i) The engine manufacturer shall define conditions for monitoring the catalyst with the constraints that the check shall: a. be conducted at the earliest acceptable opportunity encountered after the beginning of each operating cycle; and b. the monitoring system shall operate at least once per in-use operating cycle during which the engine manufacturer-defined monitoring conditions are met. (D) Malfunctioning notification and diagnostic trouble code storage: (i) Upon detection of a catalyst malfunction, the audio/visual alert device shall be activated and a diagnostic trouble code stored no later than the end of the next operating cycle during which monitoring occurs provided the malfunction is again present. (ii) The diagnostic system shall temporarily disable catalyst monitoring when a malfunction exists that could affect the proper evaluation of catalyst efficiency. (iii) The monitoring method for the catalyst(s) shall be capable of detecting when a catalyst trouble code has been cleared (except diagnostic system self-clearing), but the catalyst has not been replaced (e.g., catalyst overtemperature approaches may not be acceptable). (2) Fuel system monitoring. (A) Purpose and scope: The diagnostic system shall monitor the fuel delivery system for its ability to dynamically adjust fuel delivery. (B) Malfunction criteria: The engine manufacturer shall establish malfunction criteria to monitor the fuel delivery system. If the engine is equipped with fuel trim circuitry, the engine manufacturer shall include as one of the malfunction criteria the condition where the trim circuitry has used up all of the trim adjustment allowed within the engine manufacturer's selected limit(s). Engine manufacturers may compensate the criteria limit(s) appropriately for changes in altitude or for other similar identifiable operating conditions when they occur. (C) Monitoring conditions: The fuel system shall be monitored continuously for the presence of a malfunction. (D) Malfunction notification and diagnostic trouble code storage: (i) For fuel systems with short-term trim only capability, the diagnostic system shall store a diagnostic trouble code after the fuel system has attained the criteria limit for an engine manufacturer-defined time interval sufficient to determine a malfunction. If the malfunction criteria limit and time interval are exceeded, the audio/visual alert device shall be activated and a diagnostic trouble code stored no later than the end of the next operating cycle in which the criteria and interval are again exceeded; unless operating conditions similar to those under which the problem was originally detected (manufacturer-defined conditions) have been encountered without such an exceedance, in which case the initial temporary code and stored conditions may be erased. Furthermore, if similar operating conditions are not encountered during forty (40) operating cycles subsequent to the initial detection of a malfunction, the initial temporary code and stored conditions may be erased. (ii) For fuel systems with long-term fuel trim capability, upon attaining a long-term based malfunction criteria limit independent of, or in combination with, the short-term trim system status, the audio/visual alert device shall be activated and a diagnostic trouble code stored no later than the end of the next operating cycle if the malfunction is again detected. If the malfunction is not detected during the second operating cycle, the audio/visual alert device shall be activated and a diagnostic trouble code stored no later than the next operating cycle in which the malfunction is again detected; unless operating conditions similar to those under which the problem was originally detected (manufacturer-defined conditions) have been encountered without an indication of a malfunction, in which case the initial temporary code and stored conditions may be erased. Furthermore, if similar operating conditions are not encountered during forty (40) operating cycles subsequent to the initial detection of a malfunction, the initial temporary code and stored conditions may be erased. (3) Oxygen sensor monitoring. (A) Purpose and scope: (i) The diagnostic system shall monitor the output voltage and response rate of all primary (fuel control) oxygen (lambda) sensors for malfunction. It shall also monitor secondary oxygen sensors when used as a monitoring device for proper output voltage and/or response rate. Response rate is the time required for the oxygen sensor to switch from lean-to-rich once it is exposed to a richer than stoichiometric exhaust gas mixture or from rich-to-lean when exposed to a leaner than stoichiometric exhaust gas mixture. As a precaution, measuring oxygen sensor switching frequency may not be an adequate indicator of oxygen sensor response rate, particularly at low speeds. (ii) Either the lean-to-rich or both the lean-to-rich and rich-to-lean response rates shall be checked. Response rate checks shall evaluate the portions of the sensor's dynamic signal that are most affected by sensor malfunctions such as aging or poisoning. Engine manufacturers may observe the voltage envelope of the sensor when cycled at a frequency of 1.5 Hertz or greater, as determined by the engine manufacturer, to evaluate a slow response rate sensor (i.e., a slow sensor cannot achieve maximum and/or minimum voltage as will a good sensor, given a properly chosen switching frequency and fuel step change for the check). With Executive Officer approval, engine manufacturers may use alternative parameters to comply with this requirement such as voltage ranges and fuel-air switching frequencies based on a determination that the modifications will result in an accurate and timely evaluation of the sensor. (iii) For sensors with different characteristics, the engine manufacturer shall submit data and an engineering evaluation to the Executive Officer for approval based on showing equivalent evaluation of the sensor. (B) Malfunction criteria: An oxygen sensor shall be considered malfunctioning when the voltage, response rate, or other criteria, as determined by the engine manufacturer, are exceeded, or when sensor output characteristics are no longer sufficient (e.g., lack of sensor switching) for use as a diagnostic system monitoring device (e.g., for catalyst efficiency monitoring). (C) Monitoring conditions: (i) The engine manufacturer shall define conditions for monitoring the oxygen sensor(s) with the constraints that the check shall: a. be conducted at the earliest acceptable opportunity encountered after the beginning of each operating cycle; and b. operate at least once per in-use operating cycle during which the engine manufacturer-defined monitoring conditions are met. (ii) For primary oxygen sensors(s) used for fuel control, the response rate and output voltage shall be monitored for malfunction after the engine has commenced closed-loop operation. If the oxygen sensor(s) is used as part of the monitoring strategy for the catalyst, the oxygen sensor(s) diagnostics should be scheduled to execute before the catalyst diagnostics begin. (D) Malfunction notification and diagnostic trouble code storage: Upon detection of any oxygen sensor malfunction, the diagnostic system shall store a diagnostic trouble code and the audio/visual alert device shall activate no later than the end of the next operating cycle during which monitoring occurs provided the malfunction is again present. (4) Computer-sensed comprehensive component monitoring. (A) Purpose and scope: The diagnostic system shall monitor for malfunction any computer-sensed electronic engine components not otherwise described in this subsection that provide input to (directly or indirectly) the on-board computer, and that: 1) can affect emissions during any reasonable in-use operating condition, or 2) are used as part of the diagnostic strategy for any other monitored system or component. (i) The monitoring system shall have the capability of detecting,at a minimum, lack of circuit continuityand out of range values to ensure proper operation of the input device. The determination of out of range values shall include logic evaluation of available information to determine if a component is operating within its normal range (e.g., a low throttle position sensor voltage would not be reasonable at a high engine speed with a high mass airflow sensor reading). To the extent feasible, said logic evaluation shall be "two-sided" (i.e., verify a sensor output is not inappropriately high or low). (ii) Computer-sensed comprehensive components may include, but are not limited to, the engine speed sensor, crank angle sensor, knock sensor, throttle position sensor, coolant temperature sensor, cam position sensor, and other electronic components such as sensors and fuel injectors. (iii)The coolant temperature sensor shall be monitored for achieving a stabilized minimum temperature level that is needed to achieve closed-loop operation within an engine manufacturer-specified time interval after starting the engine. The time interval shall be a function of starting engine coolant temperature and/or a function of intake air temperature. Engine manufacturers may suspend or delay the diagnostic if the engine is subjected to conditions which could lead to false diagnosis (e.g., engine operation at idle for more than 50 to 75 percent of the warm-up time). (B) Malfunction criteria: Computer-sensed comprehensive components shall be considered malfunctioning when,at a minimum, lack of circuit continuityor engine manufacturer-specified out-of-range values occur. (C) Monitoring conditions: Computer-sensed components shall be monitored continuously forproper range of values and circuit continuity.For rationality monitoring (where applicable), engine manufacturers shall define appropriate operating conditions that are representative of typical in-use operation and will result in the routine execution and completion of all diagnostics in-use. Rationality monitoring shall occur at least once per operating cycle during which the engine manufacturer-defined monitoring conditions are met. (D) Malfunction notification and diagnostic trouble code storage: Upon detecting a malfunction, the diagnostic system shall store a diagnostic trouble code and activate the audio/visual alert device no later than the end of the next operating cycle during which monitoring occurs provided the malfunction is again detected. (5) Misfire monitoring. The provisions in this subsection shall be considered voluntary unless otherwise determined by the Executive Officer according to subsection (a)(2) above. (A) Purpose and scope: The diagnostic system shall identify the occurrence of engine misfire that can result in damage to the catalyst system. Identification of the misfiring cylinder is not required, however all patterns of misfire must be identified regardless of whether it occurs in a single or multiple number of cylinders. (B) Malfunctioning criteria: The diagnostic system shall identify a malfunction when the total number of misfires evaluated in 200 crankshaft-revolution increments for each engine speed and load condition exceeds a percentage (determined by the engine manufacturer to cause damage to the catalyst system) of the total number of firing events in each increment. These threshold percentages shall be provided in the certification documentation. Subject to Executive Officer approval, an interval longer than 200 crankshaft-revolutions may be used. The engine manufacturer shall submit in the certification documentation catalyst temperature data versus percent misfire over the full range of engine speed and load conditions. Alternatively, catalyst temperature data may be submitted for every 500 rpm increment along the Propeller Law curve beginning at engine idle and continuing throughout the "Not to Exceed Zone" for marine propulsion engines with Fixed- and Variable-pitch propellers, as defined in 40 CFR, section 94.106, (July 1, 2001), which is incorporated by reference herein. The data shall be obtained from a representative cross section (from small to large displacements) of an engine manufacturer's production. Up to three such engine evaluations shall be documented per engine manufacturer, though an engine manufacturer may submit more data, if desired. An engineering evaluation shall be provided for establishing malfunction criteria for the remainder of engine families in the engine manufacturer's product line. The Executive Officer shall waive the evaluation requirement each year if, in the judgment of the Executive Officer, technological changes do not affect the previously determined malfunction criteria. (C) Monitoring conditions: (i) Monitoring for misfire shall be continuous from engine starting under all steady-state positive torque engine speeds and load conditions. (ii) As an exception to monitoring misfire during all positive torque operating conditions, engine manufacturers may disable misfire monitoring in the engine operating region bound by the positive torque line (i.e., engine load with the transmission in neutral), and the two following engine operating points: a. an engine speed of 3,000 rpm with the engine load at the positive torque line; and b. the redline engine speed (defined in section 2441) with the engine's manifold vacuum at four inches of mercury lower than that at the positive torque line. Misfire detection systems unable to detect all misfire patterns under all required conditions shall be evaluated for compliance by the Executive Officer based on, but not limited to, the following factors: c. the magnitude of the region(s) in which misfire detection is limited, d. the degree to which misfire detection is limited in the region(s) (i.e., the probability of detection of misfire events), e. the frequency with which said region(s) are expected to be encountered in-use, f. the type of misfire patterns for which misfire detection is troublesome, and g. demonstration that the monitoring technology employed is not inherently incapable of detecting misfire under required conditions (i.e., compliance can be achieved on other engines). The evaluation shall be based on the following misfire patterns: h. equally spaced misfire occurring on randomly selected cylinders, i. single cylinder continuous misfire; and j. paired cylinder (cylinders firing at the same crank angle) continuous misfire. Further, with Executive Officer approval, the engine manufacturer may disable misfire monitoring or employ higher malfunction criteria when misfire cannot be distinguished from other effects (e.g., turbulence causing the propeller to alternately emerge from then re-submerge into the water.) when using the best reasonably available monitoring technology. The engine manufacturer shall present data and/or an engineering evaluation to the Executive Officer to justify the proposed action. Executive Officer approval shall be based on the extent to which monitoring is expected to be disabled in relation to the capabilities of the best available monitoring technologies as applied to other engines. However, any such disablement occurring within the first 5 seconds after engine starting shall not require Executive Officer approval. Additionally, for engines with greater than eight cylinders, the Executive Officer shall waive the requirements of this section provided the engine manufacturer submits data and/or an engineering evaluation which adequately demonstrates that misfire detection throughout the required operating region cannot be achieved when employing proven monitoring technology (i.e., a technology that provides for compliance with these requirements on other engines) and provided misfire is detected to the fullest extent permitted by the technology. (D) Malfunction notification and diagnostic trouble code storage: (i) Upon detection of the level of misfire specified in subsection (b)(5)(B) above, the following criteria shall apply for audio/visual alert device activation and diagnostic trouble code storage: a. A temporary diagnostic trouble code shall be stored no later than after the third exceedance of the specified misfire level when operating in the region bound by modes 2 through 5 of the spark-ignition marine engine test cycle and no later than after the first exceedance of the specified misfire level when operating at any other engine speed and load condition during a single operating cycle. If the level of misfire is exceeded again (a single exceedance) during the following operating cycle, or the next operating cycle in which similar conditions are encountered (manufacturer defined conditions), the audio/visual alert device shall activate, a diagnostic trouble code shall be stored, and the audio/visual alert device shall remain continuously activated, even if the misfire ceases. The initial temporary code and stored conditions may be erased if misfire is not detected during the following operating cycle and similar conditions have been encountered without an exceedance of the specified misfire level. The code and conditions may also be erased if similar operating conditions are not encountered during forty operating cycles subsequent to the initial detection of a malfunction. b. Notwithstanding, in engines that provide fuel shutoff and default fuel control to prevent over fueling during misfire conditions, the audio/visual alert device need not activate provided that the fuel shutoff and default control shall be activated as soon as misfire is detected. Fuel shutoff and default fuel control may be deactivated only to permit fueling outside of the misfire range. (c) Additional audio/visual alert device activation and diagnostic trouble code storage protocol. (1) Audio/visual alert device activation: For all emission-related components/systems, upon final determination of a malfunction, the OBD-M system shall activate an audio or visual alert device. (A) If so equipped, visual alert devices shall remain activated continuously whenever a malfunction has been identified by the OBD-M system, and may be deactivated only according to the provisions in paragraph (2) below, or with a scan tool after appropriate repairs have been effected. (B) If so equipped, audio alert devices may remain activated continuously when a malfunction has been identified by the OBD-M system; however, the Executive Officer shall consider alternative strategies in which the audio alert is activated on a discontinuous, but repetitive, basis. To be acceptable, discontinuous audio alert strategies must convey a sense of urgency to vessel operators regarding the presence of OBD-M malfunctions. Upon fulfillment of the standardization processes referred to in subsection (g) below, a protocol for audio alert device activation shall be specified authorizing only discontinuous activation. A standardized notification format is necessary to facilitate consumer association of the audio alert pattern with the identification of an OBD-M malfunction independent of manufacturer or platform. OBD-M system designers are encouraged to cooperate fully with each other and the ARB early on in this endeavor to minimize the redesigning of OBD-M audio alert activation algorithms once a standardized protocol has been finalized. (C) The diagnostic system shall store a diagnostic trouble code whenever the audio/visual alert device is activated. The diagnostic system shall activate the audio/visual alert device and shall store a diagnostic trouble code whenever the engine enters a default or "limp home" mode of operation. The diagnostic system shall activate the audio/visual alert device and shall store a diagnostic trouble code whenever the engine control system fails to enter closed-loop operation (if employed) within an engine manufacturer specified minimum time interval. (2) Audio/visual alert device deactivation: (A)Misfire and Fuel System Malfunctions: Formisfire or fuel system malfunctions, the audio/visual alert device may be deactivated if the fault does not recur when monitored during three subsequent sequential operating cycles in which conditions are similar to those under which the malfunction was first determined. (B) All Other Malfunctions: For all other faults, the audio/visual alert device may be deactivated after three subsequent sequential operating cycles during which the monitoring system responsible for activating the audio/visual alert device functions without detecting the malfunction and if no other malfunction has been identified that would independently activate the audio/visual alert device according to the requirements outlined above. (3) Erasing a diagnostic trouble code: The diagnostic system may erase a diagnostic trouble code if the same fault is not re-registered in at least forty (40) engine warm-up cycles, and the audio/visual alert device is not activated for that diagnostic trouble code. (d) Tampering protection: Computer-coded engine operating parameters shall not be changeable without the use of specialized tools and procedures (e.g. soldered or potted computer components or sealed (or soldered) computer enclosures). Subject to Executive Officer approval, engine manufacturers may exempt from this requirement those product lines that are unlikely to require protection. Criteria to be evaluated in making an exemption include, but are not limited to, current availability of performance chips, high performance capability of the engine, and sales volume. (e) Certification documentation: The engine manufacturer shall submit the following documentation for each engine family at the time of certification. With Executive Officer approval, one or more of the documentation requirements specified in this section may be waived or altered if the information required would be redundant or unnecessarily burdensome to generate: (1) A written description of the functional operation of each monitoring strategy within the diagnostic system. (2) A table providing the following information for each monitored component or system (either computer-sensed or -controlled) of the emission control system: (A) corresponding diagnostic trouble code. (B) monitoring method or procedure for malfunction detection. (C) primary malfunction detection parameter and its type of output signal. (D) fault criteria limits used to evaluate output signal of primary parameter. (E) other monitored secondary parameters and conditions (in engineering units) necessary for malfunction detection. (F) monitoring time length and frequency of checks. (G) criteria for activating the audio/visual alert device. (3) A logic flowchart describing the general method of detecting malfunctions for each monitored emission-related component or system. To the extent possible, abbreviations in SAE J1930 "Electrical/Electronic Systems Diagnostic Terms, Definitions, Abbreviations, and Acronyms," May 1998, shall be used. J1930 is incorporated by reference herein. The information required in the chart under (2) above may instead be included in this flow chart, provided all of the information required in (2) is included. (4) A listing and block diagram of the input parameters used to calculate or determine calculated load values and the input parameters used to calculate or determine fuel trim values. (5) Any other information determined by the Executive Officer to be necessary to demonstrate compliance with the requirements of this section. (f) Confirmatory testing: The ARB may perform confirmatory testing of engine manufacturers' diagnostic systems for compliance with requirements of this section in accordance with malfunction criteria submitted in the engine manufacturer's approved certification documentation. The ARB or its designee may install appropriately deteriorated or malfunctioning components in an otherwise properly functioning test engine (or simulate a deteriorated or malfunctioning component response) in order to test the fuel system, oxygen sensor, catalyst system, and misfire (if applicable) monitors for compliance with the applicable constraints in this section. Diagnostic systems of a representative sample of engines that uniformly fail to meet the requirements of this section may be recalled for correction. (g) Standardization: The spark-ignition inboard and sterndrive marine industry, in cooperation with ARB, will develop and adhere to standardized specifications for the implementation of OBD-M, including diagnostics trouble code formats, communication, and scan tool protocols. (h) Implementation schedule. (1) These OBD-M requirements, unless otherwise specified, shall be implemented beginning with the 2007 model year. (2) All engine manufacturers shall meet these requirements by the 2009 model year. (3) The Executive Officer, upon receipt of an application from the engine manufacturer, may certify the engines in question even though said engines may not comply with one or more of the requirements of these subsections. Such certification is contingent upon the extent to which these requirements are satisfied overall on the engine applications in question and a demonstrated good-faith effort to meet these requirements in full by evaluating and considering the best available monitoring technology. Each incident of non-compliance will be recorded as a deficiency. (A) Engine manufacturers of non-complying systems shall be subject to fines pursuant to section 43016 of the California Health and Safety Code for each deficiency identified subject to the following limitations: (i) The specified fines shall apply to the third and subsequently identified deficiencies, with the exception that fines shall apply to all monitoring system deficiencies wherein a required monitoring strategy is completely absent from the OBD-M system; and (ii) Engine manufacturers may not carry over monitoring system deficiencies for more than two model years unless it can be adequately demonstrated that substantial engine hardware modifications and additional lead time beyond two years would be necessary to correct the deficiency, in which case the deficiency may be carried over for three model years. (B) For the third deficiency and every deficiency thereafter identified in an engine model, the fines shall be in the amount of $25 per deficiency per engine for non-compliance with any of the monitoring requirements specified in this section. Total fines per engine under this section shall not exceed $250 per engine and shall be payable to the State Treasurer for deposit in the Air Pollution Control Fund. Note: Authority cited: Sections 39515, 39600, 39601, 43013, 43018, 43104 and 44036.2, Health and Safety Code; Sections 27156 and 38395, Vehicle Code. Reference: Sections 39002, 39003, 39667, 43000, 43004, 43008.6, 43013, 43016, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204 and 44036.2, Health and Safety Code; Sections 27156, 38391 and 38395, Vehicle Code. s 2445.1. Defects Warranty Requirements for Model Year 2001 and Later Spark-Ignition Marine Engines. (a) Applicability. This section applies to model year 2001 and later spark-ignition personal watercraft and outboard marine engines, and to model year 2003 and later spark-ignition inboard and sterndrive marine engines. The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser or first placed into service (e.g., a demonstration engine or watercraft). (b) General Emissions Warranty Coverage. The manufacturer of each spark-ignition marine engine must warrant to the ultimate purchaser and each subsequent purchaser that the engine is: (1) Designed, built and equipped so as to conform with all applicable regulations adopted by the Air Resources Board pursuant to its authority in Chapters 1 and 2, Part 5, Division 26 of the Health and Safety Code; and (2) Free from defects in materials and workmanship that cause the failure of a warranted part to be identical in all material respects to that part as described in the engine manufacturer's application for certification. (c) Warranty Period. In the case of all new, spark-ignition marine engines, the warranty period will be: (1) For model year 2001 and later spark-ignition personal watercraft and outboard marine engines, a period of 4 years or 250 hours of use, whichever occurs first. (2) For model year 2003-2008 spark-ignition inboard and sterndrive marine engines, a period of 2 years. (3) For model year 2009 and later spark-ignition inboard and sterndrive marine engines, a period of 3 years. (d) Subject to the conditions and exclusions of Subsection (g), the warranty on emission-related parts is as follows: (1) Any warranted part that is not scheduled for replacement as required maintenance in the written instructions required by Subsection (f) must be warranted for the warranty period defined in Subsection (c). If the part fails during the period of warranty coverage, the part must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under warranty must be warranted for the remainder of the period. (2) Any warranted part that is scheduled only for regular inspection in the written instructions required by Subsection (f) must be warranted for the warranty period defined in Subsection (c). A statement in such written instructions to the effect of "repair and replace as necessary" will not reduce the period of warranty coverage. Any such part repaired or replaced under warranty must be warranted for the remaining warranty period. (3) Any warranted part that is scheduled for replacement as required maintenance in the written instructions required by Subsection (f) must be warranted for the period of time before the first scheduled replacement date for that part. If the part fails before the first scheduled replacement, the part must be repaired or replaced by the engine manufacturer according to Subsection (4) below. Any such part repaired or replaced under warranty must be warranted for the remainder of the period prior to the first scheduled replacement point for the part. (4) Repair or replacement of any warranted part under the warranty provisions of this article must be performed at a warranty station at no charge to the owner. (5) Notwithstanding the provisions of Subsection (4), warranty services or repairs must be provided at all engine manufacturer distribution centers that are franchised to service the subject engines. (6) The engine owner must not be charged for diagnostic labor that is directly associated with diagnosis of a defective, emission-related warranted part, provided that such diagnostic work is performed at a warranty station. (7) The engine manufacturer is liable for damages to other engine components proximately caused by a failure under warranty of any warranted part. (8) Throughout the engine's warranty period defined in Subsection (c), the engine manufacturer must maintain a supply of warranted parts sufficient to meet the expected demand for such parts. (9) Any replacement part may be used in the performance of any warranty maintenance or repairs and must be provided without charge to the owner. Such use will not reduce the warranty obligations of the engine manufacturer. (10) Add-on or modified parts, as defined in Section 1900(b)(1) and (b)(10), Title 13, that are not exempted by the Air Resources Board may not be used. The use of any non-exempted add-on or modified parts by the ultimate purchaser will be grounds for disallowing a warranty claim made in accordance with this article. The engine manufacturer will not be liable under this article to warrant failures of warranted parts caused by the use of a non-exempted add-on or modified part. (11) The Executive Officer may request and, in such case, the engine manufacturer must provide, any documents that describe that engine manufacturer's warranty procedures or policies. (e) Each engine manufacturer must provide a copy of the following emission warranty parts list with each new engine, using those portions of the list applicable to the engine. (1) Fuel Metering System (A) Carburetor and internal parts (and/or pressure regulator or fuel injection system) (B) Air/fuel ratio feedback and control system (C) Cold start enrichment system (D) Intake valve(s) (2) Air Induction System (A) Controlled hot air intake system (B) Intake manifold (C) Air Filter (D) Turbocharger systems (E) Heat riser valve and assembly (3) Ignition System (A) Spark plugs (B) Magneto or electronic ignition system (C) Spark advance/retard system (D) Ignition coil and/or control module (E) Ignition wires (4) Lubrication System (A) Oil pump and internal parts (B) Oil injector(s) (C) Oil meter (5) Positive Crankcase Ventilation (PCV) System (A) PCV valve (B) Oil filler cap (6) Exhaust Gas Recirculation (EGR) System (A) EGR valve body, and carburetor spacer if applicable (B) EGR rate feedback and control system (7) Air Injection System (A) Air pump or pulse valve (B) Valves affecting distribution of flow (C) Distribution manifold (8) Exhaust System (9) Catalyst or Thermal Reactor System (A) Catalytic converter (B) Thermal reactor (C) Exhaust manifold (D) Exhaust valve(s) (10) Miscellaneous Items Used in Above Systems (A) Hoses, clamps, fittings, tubing, sealing gaskets or devices, and mounting hardware (B) Pulleys, belts and idlers (C) Vacuum, temperature, check, and time sensitive valves and switches (D) Electronic Controls (f) Each engine manufacturer must provide with each new engine written instructions for the maintenance and use of the engine by the owner. The instructions must be consistent with this Article. A copy of the instructions for each engine family must be provided to the Executive Officer upon commencement of its production. (g) Exclusions. (1) The repair or replacement of any warranted part otherwise eligible for warranty coverage under Subsection (d) may be excluded from such warranty coverage if the engine manufacturer demonstrates that the engine has been abused, neglected, or improperly maintained, and that such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part. (2) Engine manufacturers must warrant engines for the yearly warranty period specified in paragraph (c). For Outboard and Personal Watercraft engines, manufacturers may warrant engines for the hour warranty period if the engines: (A) are equipped with hour meters; (B) are equipped with devices similar to hour meters that are approved by the Executive Officer; or (C) are or will be accompanied by other evidence or methods that the Executive Officer determines reliable for determining engine usage in hours. (3) Except as provided in Subsection (1) above, any adjustment of a component that has a factory installed, and properly operating, adjustment limiting device (such as an idle limiter cap or plug) is eligible for warranty coverage under Subsection (d). Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2445.2. Emission Control Warranty Statements. (a) Each engine manufacturer must provide a verbatim copy of the following statement with each new 2001 model year and later spark-ignition personal watercraft and outboard marine engine and with each new 2003 model year and later spark-ignition inboard and sterndrive marine engine, using those portions of the statement applicable to the engine. CALIFORNIA EMISSION CONTROL WARRANTY STATEMENT YOUR WARRANTY RIGHTS AND OBLIGATIONS The California Air Resources Board (and engine manufacturer's name, optional) is (are) pleased to explain the emission control system warranty on your (model year)(inboard, sterndrive, outboard, or personal watercraft) engine. In California, new (inboard, sterndrive, outboard, or personal watercraft) engines must be designed, built and equipped to meet the State's stringent anti-smog standards. (Engine manufacturer's name) must warrant the emission control system on your (inboard, sterndrive, outboard, or personal watercraft) engine for the periods of time listed below provided there has been no abuse, neglect or improper maintenance of your (inboard, sterndrive, outboard or personal watercraft) engine. Your emission control system may include parts such as the carburetor or fuel injection system, the ignition system, and catalytic converter. Also included may be hoses, belts, connectors and other emission-related assemblies. Where a warrantable condition exists, (engine manufacturer's name) will repair your (inboard, sterndrive, outboard or personal watercraft) engine at no cost to you, including diagnosis, parts and labor. MANUFACTURER'S WARRANTY COVERAGE: (For spark-ignition personal watercraft and outboard marine engines:) Select emission control parts from model year 2001 and later (outboard or personal watercraft) engines are warranted for 4 years, or for 250 hours of use, whichever occurs first. (For 2003-2008 spark-ignition inboard and sterndrive marine engines:) Select emission control parts from model year 2003-2008 (inboard or sterndrive) engines are warranted for 2 years. (For 2009 and later spark-ignition inboard and sterndrive marine engines:) Select emission control parts from model year 2009 and later (inboard or sterndrive) engines are warranted for 3 years. However, warranty coverage based on the hourly period is only permitted for outboard engines and personal watercraft equipped with appropriate hour meters or their equivalent. If any emission-related part on your engine is defective under warranty, the part will be repaired or replaced by (engine manufacturer's name). OWNER'S WARRANTY RESPONSIBILITIES: - As the (inboard, sterndrive, outboard or personal watercraft) engine owner, you are responsible for the performance of the required maintenance listed in your owner's manual. (Engine manufacturer's name) recommends that you retain all receipts covering maintenance on your (inboard, sterndrive, outboard or personal watercraft) engine, but (engine manufacturer's name) cannot deny warranty solely for the lack of receipts or your failure to ensure the performance of all scheduled maintenance. - As the (inboard, sterndrive, outboard or personal watercraft) engine owner, you should however be aware that (engine manufacturer's name) may deny you warranty coverage if your (inboard, sterndrive, outboard or personal watercraft) engine or a part has failed due to abuse, neglect, improper maintenance or unapproved modifications. - You are responsible for presenting your (inboard, sterndrive, outboard or personal watercraft) engine to a (engine manufacturer's name) distribution center as soon as a problem exists. The warranty repairs will be completed in a reasonable amount of time, not to exceed 30 days. If you have any questions regarding your warranty rights and responsibilities, you should contact (Insert chosen contact of engine manufacturer) at 1-XXX-XXX-XXXX. (b) Commencing with the 2001 model year, each engine manufacturer must also provide with each new engine a warranty statement in accordance with section 2445.1, Title 13, California Code of Regulations, that generally describes the obligations and rights of the engine manufacturer and engine owner under this article. Engine manufacturers must also include in the warranty statement a phone number the consumer may use to obtain their nearest franchised service center. (c) Each engine manufacturer must submit the documents required by Subsections (a) and (b) with the engine manufacturer's application for new engine certification for approval by the Executive Officer. The Executive Officer may reject or require modifications of the documents to the extent the submitted documents do not satisfy the requirements of Subsections (a) and (b). Approval by the Executive Officer of the documents required by Subsections (a) and (b) is a condition of certification. The Executive Officer will approve or disapprove the documents required by Subsections (a) and (b) within ninety (90) days of the date such documents are received from the engine manufacturer. Any disapproval must be accompanied by a statement of reasons therefore. In the event of disapproval, the engine manufacturer may petition the Board to review the decision of the Executive Officer pursuant to Subchapter 1.25 of Title 17, California Code of Regulations. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2446. 2001 and Later Model Year Production-Line Test Procedures and Selective Enforcement Auditing Regulations for Spark-Ignition Marine Engines. (a) Applicability. This section applies to 2001 and later spark-ignition personal watercraft and outboard marine engines. The allowable methods of production-line testing are specified in subsections (b) and (c), unless the engine manufacturer can satisfactorily provide an alternate method that shows an equivalent assurance of compliance to that of subsection (b). The engine manufacturer must choose only one method for each model year and submit its method of production-line testing to the Executive Officer for approval no later than 90 days prior to the start of the subject model year production. The 2003 and later spark-ignition inboard and sterndrive marine engines are only subject to the selective enforcement audit requirements specified within subsections (d) and (e) of this section. (b) 2001 and Later Model Year Quality-Audit Production Line Test Procedures (1) Engine Sample Selection. (A) Except as provided in subsection (b)(2), the engine manufacturer must randomly select one percent of the California sales volume of engines from each engine family for quality-audit testing. (B) The Executive Officer may, upon notice to the engine manufacturer, require the sample rate to be increased to a maximum of ten percent of production (not to exceed 30 additional engines or units of equipment) of the calendar quarterly production of any engine family. (2) Alternate Quality-Audit Engine Selection Criteria for 2001 and Later Model Years. (A) An engine manufacturer may use the alternate engine selection method outlined in this Subsection. (B) Engines or equipment must be randomly selected at a rate of 1.0 percent of engine family production at the beginning of production. When test results of the first 10 engines or units of equipment have been accumulated, an evaluation as indicated below must be made. (C) Calculate the family mean and standard deviation of HC+NOx. Identify engines or units of equipment that have emission levels greater than three standard deviations above the mean. Eliminate these emission data points and recalculate the mean and standard deviation. Continue the calculation until there are no values greater than three standard deviations above the mean. Count the number of these data points greater than the emission standard (outlier). If the total number of outlier is equal to or less than the allowable number in Table 1 for HC+NOx, the engine family is eligible to continue to a second evaluation, shown in paragraph (D) below. Otherwise, sampling must continue at a rate of 1.0 percent of production for the rest of the month. (D) If the allowable outlier criterion is met, the family mean standard deviation, and sample size determined for HC + Nox before excluding any outlier, are substituted in the following expression: (emission standard - mean) (N) 0.5 (standard deviation) (E) If the expression is greater than C in Table 2 below, and the engine manufacturer reasonably estimates that the quarterly engine family production will exceed 5,000 engines or units of equipment, the sampling rate for the remaining portion of the calendar month following the date of selection of the last of the 10 engines or equipment is 10 per month, applied on a prorated basis. If the expression is greater than C in Table 2 below, and the engine manufacturer reasonably estimates that the quarterly engine family production will be 5,000 engines or units of equipment or less, the sampling rate for the remaining portion of the calendar month following the date of selection of the last of the 10 engines or equipment is 5 per month, applied on a prorated basis. If the expression is equal to or less than C in Table 2, the sampling rate continues to be 1.0 percent of production for the remaining portion of the month in which selection of the 10 engines or equipment is completed. The value of C is a function of the coefficient of variation (standard deviation/mean). The coefficient of variation and C must be rounded to the number of decimal places shown in Table 2. Table 1 Sample Size Allowable Outlier Sample Size Allowable Outlier 1- 32 1 430-478 11 33- 68 2 479-528 12 69-107 3 529-578 13 108-149 4 579-629 14 150-193 5 630-680 15 194-238 6 681-731 16 239-285 7 732-783 17 286-332 8 784-835 18 333-380 9 836-887 19 381-429 10 888-939 20 Table 2 Coefficient of Variation C 0.1 0.5 0.2 1.2 0.3 1.8 0.4 2.5 0.5 3.1 0.6 3.8 0.7 4.4 0.8 5.1 0.9 5.7 (F) At the conclusion of each month of quarterly engine family production, the emission test data must be evaluated in order to determine the sampling rate as set forth in Paragraphs C and D above. This evaluation must utilize all test data accumulated in the applicable quarter. The sample rate for the next month of production must be determined as follows: ten (10) engines per month when the engine manufacturer's estimated quantity of quarterly engine family production is greater than 5,000; five (5) engines per month when the engine manufacturer's estimated quantity of quarterly engine family production is equal to or less than 5,000; or, one (1) percent of the quarterly engine family production as determined by the sampling evaluation method set forth in Paragraphs D and E. (G) For each subsequent quarter, the preceding sample selection method must be followed. The sample rate determination for the first month of each subsequent quarter must be based on the accumulated data from the previous quarter. The sample rate for the succeeding months of the quarter must be determined as previously set forth. (H) If the start of production does not coincide with the first of a quarter, the sequence for sample rate determination must be followed, but references to remaining calendar months may not be appropriate. (I) Where an engine manufacturer has sampled engines or equipment at a rate of 5 per month following a reasonable estimate that the quarterly engine family production will be 5,000 engines or units of equipment or less, and subsequently determines, or reasonably should determine based on information available to the engine manufacturer, that the quarterly engine family production will exceed 5,000 engines or units of equipment, the engine manufacturer must increase the sampling rate for the quarter such that the requirements of Paragraph D applicable to families reasonably estimated to exceed a quarterly production of 5,000 engines or units of equipment are satisfied. (3) Compliance Evaluation. (A) Each engine manufacturer must review the test results of the first 10 test engines or equipment of each engine family, from each calendar quarter of production or from the start of calendar year production. It must also review the quarter's cumulative test results of each engine family at the end of each month. If 10 or more engines or units of equipment have been tested, the engine manufacturer must notify the Chief of the Mobile Source Operations Division and the Manager of the New Vehicle Audit Section, P.O. Box 8001, 9528 Telstar Avenue, El Monte, CA, 91734-8001, in writing within ten working days whenever an engine family exceeds an emission standard. (B) At the end of the quarter, all of the data accumulated during the quarter are evaluated, and the compliance of the engine family with the family emission levels or emission standards, whichever is applicable, is determined. If a sample size for a particular production quarter is less than ten engines, the data from that quarter must be combined with all of the data from each successive quarter of the calendar year until data from at least ten engines that have been quality-audit tested are included in the quarterly evaluation. If the sample size for the first quarter's production for a calendar year does not contain at least ten engines, the data available for that quarter are evaluated. However, compliance of the engine family with the family emission levels or emission standards, whichever is applicable, is not determined until subsequent quarterly production data is available that includes evaluations of at least ten engines. If the sample size for the last final quarter's production for a calendar year does not contain at least ten engines, the data from the last final quarter must be combined with all the data from each preceding quarter of the calendar year until the sample size contains at least ten engines. (C) When the average value of any pollutant that is rounded off to the same number of significant digits as is the standard, in accordance with ASTM E 29- 93a, exceeds the applicable family emission level or emission standard, whichever is applicable; or, when the engine manufacturer's submitted data reveal that the production line tests were performed improperly, the engine family may be determined to be in noncompliance. The Executive Officer will follow the manufacturer notification procedures in section (d)(4). (D) A failed engine is one whose emission test results for a regulated pollutant exceeds the emission standard or FEL, as applicable. (4) Reports. (A) Each engine manufacturer shall submit a written report to the ARB within 45 calendar days of the end of each calendar quarter. (B) The quarterly report shall include the following: (i) The total production and sample size for each engine family. (ii) Engine identification numbers and explanation of the identification code. (iii) The applicable emissions standards or Family Emission Levels for each engine family. (iv) A description of each test engine or equipment (i.e., date of test, engine family, engine size, engine or equipment identification number, fuel system, dynamometer power absorber setting in horsepower or kilowatts, engine code or calibration number, and test location). (v) The exhaust emission data for HC+NOx for each test engine or equipment. The data reported shall provide two significant figures beyond the number of significant figures in the applicable emission standard. (vi) The retest emissions data, as described in Paragraph (v) above for any engine or unit of equipment failing the initial test, and description of the corrective measures taken, including specific components replaced or adjusted. (vii) A statistical analysis of the quality-audit test results for each engine family stating: 1. Number of engines or units of equipment tested. 2. Average emissions and standard deviations of the sample for HC+NOx. (viii) Every aborted test data and reason for the aborted test. (ix) The applicable quarterly report shall include the date of the end of the engine manufacturer's model year production for an engine family. (x) The required information for all engine families in production during the quarter regardless of sample size. (xi) The start and stop dates of batch-produced engine family production. (C) Each engine manufacturer shall submit a copy of the report that has been stored (e.g., computer disc), or may be transmitted, in an electronically digitized manner, and in a format that is specified by the Executive Officer. This electronically based submission is in addition to the written submission of the report. (c) 2001 and Later Model Year Cumulative Sum Production-Line Test Procedures. (1) Engine Sample Selection. (A) At the start of each model year, the engine manufacturer will begin to randomly select engines from each engine family with California sales greater than 20 units for production line testing, according to the criteria specified herein. (i) For newly certified engine families: After two (2) engines are tested, the engine manufacturer will calculate the required sample size for the model year according to the Sample Size Equation in paragraph (c)(1)(B) of this section. (ii) For carry-over engine families: After one engine is tested, the engine manufacturer must combine the test with the last test result from the previous model year and then calculate the required sample size for the model year according to the Sample Size Equation in paragraph (B) of this section. (iii) The engines must be representative of the engine manufacturer's California sales. Each engine will be selected from the end of the assembly line. All engine models within the engine family must be included in the sample pool. Each selected engine for quality-audit testing must pass the inspection test, by being equipped with the appropriate emission control systems certified by the ARB. The procedure for randomly selecting engines or units of equipment must be submitted to the Chief, Mobile Source Operations Division, P.O. Box 8001, 9528 Telstar Avenue, El Monte, CA, 91734-8001, before the start of production for the first year of production. (iv)a. Prior to the beginning of the 2001 model year, if an engine manufacturer cannot provide actual California sales data, it must provide its total production and an estimate of California sales at the end of the model year. The engine manufacturer must also provide supporting material for its estimate. b. For the 2001 and later model years, engine manufacturers must provide actual California sales, or other information acceptable to the Executive Officer, including, but not limited to, an estimate based on market analysis and federal production or sales. (B)(i) Engine manufacturers must calculate the required sample size for the model year for each engine family using the Sample Size Equation below. N is calculated from each test result. The number N indicates the number of tests required for the model year for an engine family. N is recalculated after each test. Test results used to calculate the variables in the Sample Size Equation must be final deteriorated test results as specified in paragraph (c)(3)(C). (t 95 ** 2 ------------------------------ N = [ ] + 1 (x - FELjx) where: N = Required sample size for the model year. t 95%g = 95% confidence coefficient. It is dependent on the actual number of tests completed, n, as specified in the table in paragraph (c)(1)(B)(ii) of this section. It defines one-tail, 95% confidence intervals. FELjx = Family Emission Limit s = Actual test sample standard deviation calculated from the following equation: R (X i- x) %g2 s%g = n - 1 where: X i = Emission test result for an individual engine x = Mean of emission test results of the actual sample n = The actual number of tests completed in an engine family (ii) Actual Number of Tests (n) and 1-tail Confidence Coefficients (t 95) are listed in Table 3 below: Table 3 Actual Number of Tests (n) and 1-tail Confidence Coefficients (t 95) n t n t n t 2 6.31 12 1.80 22 1.72 3 2.92 13 1.78 23 1.72 4 2.35 14 1.77 24 1.71 5 2.13 15 1.76 25 1.71 6 2.02 16 1.75 26 1.71 7 1.94 17 1.75 27 1.71 8 1.90 18 1.74 28 1.70 9 1.86 19 1.73 29 1.70 10 1.83 20 1.73 30 1.70 11 1.81 21 1.72 1.645 (iii) An engine manufacturer must distribute the testing of the remaining number of engines needed to meet the required sample size N, evenly throughout the remainder of the model year. (iv) After each new test, the required sample size, N, is recalculated using updated sample means, sample standard deviations and the appropriate 95% confidence coefficient. (v) An engine manufacturer must continue testing and updating each engine family's sample size calculations according to paragraphs (c)(1)(B)(i) through (c)(1)(B)(iv) of this section until a decision is made to stop testing as described in paragraph (c)(1)(B)(vi) of this section or a noncompliance decision is made pursuant to paragraph (c)(2)(A)(v) of this section. (vi) If, at any time throughout the model year, the calculated required sample size, N, for an engine family is less than or equal to the actual sample size, n, and the sample mean, x, for each regulated pollutant is less than or equal to the FEL for that pollutant, the engine manufacturer may stop testing that engine family except as required by paragraph (c)(2)(A)(vi). (vii) If, at any time throughout the model year, the sample mean, x, for any regulated pollutant is greater than the FEL, the engine manufacturer must continue testing that engine family at the appropriate maximum sampling rate. (viii) The maximum required sample size for an engine family (regardless of the required sample size, N, as calculated in paragraph (c)(1)(B)(i) of this section) is thirty (30) tests per model year. (ix) Engine manufacturers may elect to test additional randomly chosen engines. All additional randomly chosen engines tested in accordance with the testing procedures specified in the Test Procedures must be included in the Sample Size and Cumulative Sum equation calculations as defined in paragraphs (c)(1)(B)(i) and (c)(2)(A)(i) of this section, respectively. (C) The engine manufacturer must produce and assemble the test engines using its normal production and assembly process for engines to be distributed into commerce. (D) No quality control, testing, or assembly procedures may be used on any test engine or any portion thereof, including parts and subassemblies, that have not been or will not be used during the production and assembly of all other engines of that family, unless the Executive Officer approves the modification. (2) Calculation of the Cumulative Sum Statistic. (A) Each engine manufacturer must review the test results obtained in paragraph (c)(1) using the following procedure: (i) Engine manufacturers must construct the following Cumulative Sum Equation for each regulated pollutant for each engine family. Test results used to calculate the variables in the Cumulative Sum Equation must be final deteriorated test results as defined in paragraph (c)(3)(C). C > i = max[0 or (C i -1 +X i- (FELjx = F))] where: C i = The current Cumulative Sum statistic C i-1 = The previous Cumulative Sum statistic. Prior to any testing, the Cumulative Sum statistic = 0 (i.e., C 0 = 0) X i = The current emission test result for an individual engine FELjx = Family Emission Limit F = 0.25 x s After each test, C i is compared to the action limit, H, the quantity that the Cumulative Sum statistic must exceed, in two (2) consecutive tests, before the engine family may be determined to be in noncompliance for purposes of paragraphs (a)(2)(A)(iv) and (a)(2)(A)(v). H = The Action Limit. It is 5.0 x s, and is a function of the standard deviation, s. s = The sample standard deviation and is iation and is recalculated after each test. (ii) After each engine is tested, the Cumulative Sum statistic must be promptly updated according to the Cumulative Sum Equation in paragraph (c)(2)(A)(i) of this section. (iii) If, at any time during the model year, an engine manufacturer amends the application for certification for an engine family as specified in Part I, section 28 or 29 of the Test Procedures by performing an engine family modification (i.e., a change such as a running change involving a physical modification to an engine, a change in specification or setting, the addition of a new configuration, or the use of a different deterioration factor), all previous sample size and Cumulative Sum statistic calculations for the model year will remain unchanged. (iv) A failed engine is one whose final deteriorated test results pursuant to paragraph (c)(3)(C), for a regulated pollutant exceeds the FEL for that pollutant. (v) An engine family may be determined to be in noncompliance if, at any time throughout the model year, the Cumulative Sum statistic, C i, for a regulated pollutant is greater than the action limit, H, for two (2) consecutive tests. (vi) The engine manufacturer must perform a minimum of two tests per engine family per quarter, regardless of whether the conditions of paragraph (c)(1)(B)(vi) have been met. The Executive Officer may waive the requirement of this paragraph if the engine manufacturer does not have a failing engine family in the prior two model years of testing. (vii) All results from previous quarters of the same model year must be included in the on-going Cumulative Sum analysis, provided that the engine family has not failed (e.g., if three engines of a family were tested in the first quarter, the first test of the second quarter would be considered as the fourth test). (viii) If the Cumulative Sum analysis indicates that an engine family has failed, the engine manufacturer must notify the Chief of the Mobile Source Operations Division, in writing and by telephone, within ten working days. Corrective action will be taken as noted in paragraph (c)(4)(E). (ix) If an engine manufacturer performs corrective action on a failed engine family and then resumes production, all previous tests will be void, and Cumulative Sum analysis will begin again with the next test. (B) Within 45 days after the end of the quarter, or when the Cumulative Sum analysis indicates that a decision has been made, the engine manufacturer must provide all the data accumulated during the quarter. (3) Calculation and Reporting of Test Results. (A) Initial test results are calculated following the applicable test procedure specified in the Test Procedures. (B) Final test results are calculated by summing the initial test results derived in paragraph (A) for each test engine and dividing by the number of tests conducted on the engine. (C) The final deteriorated test results for each test engine are calculated by applying the appropriate deterioration factors, derived in the certification process for the engine family, to the final test results, and rounding in accordance with ASTM E29-93a, incorporated by reference herein, to the same number of decimal places contained in the applicable standard expressed to one additional significant figure. (D) If, at any time during the model year, the Cumulative Sum statistic exceeds the applicable action limit, H, in two (2) consecutive tests, the engine family may be determined to be in noncompliance and the engine manufacturer must notify the Chief of the Mobile Source Operations Division and the Manager of the New Vehicle Audit Section, P.O. Box 8001, 9528 Telstar Avenue, El Monte, CA, 91734-8001, within ten working days of such exceedance by the Cumulative Sum statistic. (E) Within 45 calendar days of the end of each quarter, each engine manufacturer must submit to the Executive Officer a report that includes the following information: (i) The location and description of the engine manufacturer's or other's exhaust emission test facilities that were utilized to conduct testing reported pursuant to this section; (ii) Total production and sample sizes, N and n, for each engine family; (iii) The applicable emissions standards for each engine family; (iv) A description of the process to obtain engines on a random basis; (v) A description of the test engines or equipment (i.e., date of test, engine family, engine size, engine or equipment identification number, fuel system, dynamometer power absorber setting in horsepower or kilowatts, engine code or calibration number, and test location); (vi) The date of the end of the engine manufacturer's model year production for each engine family; (vii) For each test conducted, a. A description of the test engine, including: 1. Configuration and engine family identification, 2. Year, make, and build date, 3. Engine identification number and explanation of the identification code, and 4. Number of hours of service accumulated on engine prior to testing; b. Location where service accumulation was conducted and description of accumulation procedure and schedule; c. Test number, date, test procedure used, initial test results before and after rounding, and final test results for all exhaust emission tests, whether valid or invalid, and the reason for invalidation, if applicable; d. The exhaust emission data for CO, NOx and HC for each test engine or watercraft. The data reported must provide two (2) significant figures beyond the number of significant figures in the applicable emission standard. e. The retest emissions data, as described in paragraph (b)(4)(B)(vi) of this section, for any engine or watercraft failing the initial test, and description of the corrective measures taken, including specific components replaced or adjusted. f. A complete description of any adjustment, modification, repair, preparation, maintenance, and/or testing that was performed on the test engine, was not reported pursuant to any other part of this article, and will not be performed on all other production engines; g. A Cumulative Sum analysis, as required in paragraph (c)(2)(A)(i) of this section, of the production line test results for each engine family; h. Any other information the Executive Officer may request relevant to the determination whether the new engines being manufactured by the engine manufacturer do in fact conform with the regulations with respect to which the Executive Order was issued; (viii) For each failed engine as defined in paragraph (vii)d., above, a description of the remedy and test results for all retests; (ix) Every aborted test data and reason for the aborted test; (x) The start and stop dates of batch-produced engine family production; and (xi) The required information for all engine families in production during the quarter regardless of sample size. (F) Each engine manufacturer must submit a copy of the report that has been stored (e.g., computer disc), or may be transmitted, in an electronically digitized manner, and in a format that is specified by the Executive Officer. This electronically based submission is in addition to the written submission of the report. (d) Test Procedures Applicable to All Production-Line and Selective Enforcement Audit Testing. (1) Standards and Test Procedures. The emission standards are those specified in Section 2442. The exhaust sampling and analytical procedures are those described in the Test Procedures. An engine is in compliance with the production-line or selective enformement audit standards and test procedures only when all portions of the production-line or selective enforcement audit test procedures and requirements specified in Part IV of the Test Procedures are fulfilled, except that any adjustable engine parameters must be set to any value or position that is within the range available to the ultimate purchaser. (2) Air Resources Board (ARB) personnel and mobile laboratories must have access to engine or equipment assembly plants, distribution facilities, and test facilities for the purpose of engine selection, testing, and observation. Scheduling of access must be arranged with the designated engine manufacturer's representative and must not unreasonably disturb normal operations (See section 31 of the Test Procedures). (3) Engine Preparation and Preconditioning. (A) No emissions tests may be performed on an engine before the first production-line test or selective enforcement audit test on that engine. (B) The engine or watercraft must be tested after the engine manufacturer's recommended break-in period. The engine manufacturer must submit to the Executive Officer the schedule for engine break-in and any changes to the schedule with each quarterly report. This schedule must be adhered to for all production-line testing, or as required by the Executive Officer for selective enforcement audit testing, within an engine family and subgroup or engine family and assembly plant as appropriate. (C) If an engine or watercraft is shipped to a remote facility for production-line or selective enforcement audit testing, and adjustment or repair is necessary because of such shipment, the engine manufacturer must perform the necessary adjustments or repairs only after the initial test of the engine or watercraft. Engine manufacturers must report to the Executive Officer in the quarterly report for all production-line testing, or as required by the Executive Officer for selective enforcement audit testing, all adjustments or repairs performed on engines or watercraft prior to each test. In the event a retest is performed, a request may be made to the Executive Officer, within ten days of the production quarter, for permission to substitute the after-repair test results for the original test results. The Executive Officer will either affirm or deny the request by the engine manufacturer within ten working days from receipt of the request. (D) If an engine manufacturer determines that the emission test results of an engine or watercraft are invalid, the engine or equipment must be retested. Emission results from all tests must be reported. The engine manufacturer must include a detailed report on the reasons for each invalidated test in the quarterly report for all production-line testing, or as required by the Execurive Officer for selective enforcement audit testing. (4) Manufacturer Notification of Failure. (A) The Executive Officer will notify the engine manufacturer that the engine manufacturer may be subject to revocation or suspension of the Executive Order authorizing sales and distribution of the noncompliant engines in the State of California of the noncompliant engines in the State of California pursuant to section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or seeking to enjoin an engine manufacturer, the Executive Officer will consider all information provided by the engine manufacturer, and other interested parties, including, but not limited to corrective actions applied to the noncompliant engine family. (B) The Executive Officer will notify the equipment manufacturer that the equipment manufacturer may be subject to revocation or suspension of the Executive Order or penalized pursuant to section 43017 of the Health and Safety Code. Prior to revoking or suspending the Executive Order, or penalizing an equipment manufacturer, the Executive Officer will consider all information provided by interested parties, including, but not limited to corrective actions applied to the noncompliant engine family. (5) Suspension and Revocation of Executive Orders. (A) The Executive Order is automatically suspended with respect to any engine failing pursuant to paragraph (b)(3)(D) or (c)(2)(A)(iv) or whose test results for a regulated pollutant exceed the emission standards effective from the time that testing of that engine is completed. (B) The Executive Officer may suspend the Executive Order for an engine family that is determined to be in noncompliance pursuant to paragraphs (b)(3)(C) or (c)(2)(A)(v). This suspension will not occur before fifteen (15) days after the engine family is determined to be in noncompliance. (C) If the results of testing pursuant to these regulations indicate that engines of a particular family produced at one plant of an engine manufacturer do not conform to the regulations with respect to which the Executive Order was issued, the Executive Officer may suspend the Executive Order with respect to that family for engines manufactured by the engine manufacturer at all other plants. (D) Notwithstanding the fact that engines described in the application for certification may be covered by an Executive Order, the Executive Officer may suspend such Executive Order immediately in whole or in part if the Executive Officer finds any one of the following infractions to be substantial: (i) The engine manufacturer refuses to comply with any of the requirements of this section. (ii) The engine manufacturer submits false or incomplete information in any report or information provided to the Executive Officer under this section. (iii) The engine manufacturer renders inaccurate any test data submitted under this section. (iv) An ARB enforcement officer is denied the opportunity to conduct activities authorized in this section. (v) An ARB enforcement officer is unable to conduct activities authorized in paragraph (d)(2) of this section because an engine manufacturer has located its facility in a foreign jurisdiction where local law prohibits those activities. (E) The Executive Officer will notify the engine manufacturer in writing of any suspension or revocation of an Executive Order in whole or in part. A suspension or revocation is effective upon receipt of the notification or fifteen (15) days from the time an engine family is determined to be in noncompliance pursuant to paragraph (d)(1), except that the Executive Order is immediately suspended with respect to any failed engines as provided for in paragraph (b)(3)(D) or (c)(2)(iv) of this section. (F) The Executive Officer may revoke an Executive Order for an engine family after the Executive Order has been suspended pursuant to paragraphs (d)(5)(B) or (C) of this section if the proposed remedy for the nonconformity, as reported by the engine manufacturer to the Executive Officer, is one requiring a design change or changes to the engine and/or emission control system as described in the application for certification of the affected engine family. (G) Once an Executive Order has been suspended for a failed engine, as provided for in paragraph (d)(5)(A) of this section, the engine manufacturer must take the following actions before the Executive Order is reinstated for that failed engine: (i) Remedy the nonconformity; (ii) Demonstrate that the engine conforms to its applicable FEL by retesting the engine in accordance with these regulations; and (iii) Submit a written report to the Executive Officer, after successful completion of testing on the failed engine, that contains a description of the remedy and test results for each engine in addition to other information that may be required by this part. (H) Once an Executive Order for a failed engine family has been suspended pursuant to paragraphs (d)(5)(B), (C) or (D) of this section, the engine manufacturer must take the following actions before the Executive Officer will consider reinstating the Executive Order: (i) Submit a written report to the Executive Officer that identifies the reason for the noncompliance of the engines, describes the proposed remedy, including a description of any proposed quality control and/or quality assurance measures to be taken by the engine manufacturer to prevent future occurrences of the problem, and states the date on which the remedies will be implemented. (ii) Demonstrate that the engine family for which the Executive Order has been suspended does in fact comply with the regulations of paragraphs (b) or (c), as applicable, by testing as many engines as needed so that the Cumulative Sum statistic, as calculated in paragraph (c)(2)(A)(i), falls below the action limit, or the average emissions from the Quality-Audit testing as calculated in paragraph (b)(3)(A) remains below the FEL, as applicable. Such testing must comply with the provisions of paragraphs (b) or (c), as applicable. If the engine manufacturer elects to continue testing individual engines after suspension of an Executive Order, the Executive Order is reinstated for any engine actually determined to be in conformance with the emission standards through testing in accordance with the applicable test procedures, provided that the Executive Officer has not revoked the Executive Order pursuant to paragraph (d)(5)(F) of this section. (I) Once the Executive Order has been revoked for an engine family, if the engine manufacturer wants to introduce into commerce a modified version of that family, the following actions must be taken before the Executive Officer may issue an Executive Order for that modified family: (i) If the Executive Officer determines that the proposed change(s) in engine design may have an effect on emission performance deterioration, the Executive Officer will notify the engine manufacturer, within five (5) working days after receipt of the report in paragraph (d)(5)(H)(i) of this section, whether subsequent testing under this section will be sufficient to evaluate the proposed change or changes or whether additional testing will be required; and (ii) After implementing the change or changes intended to remedy the nonconformity, the engine manufacturer must demonstrate that the modified engine family does in fact conform with the regulations of paragraphs (b) or (c), as applicable, by testing as many engines as needed from the modified engine family so that the Cumulative Sum statistic, as calculated in paragraph (c)(2)(A)(i), falls below the action limit, or the average emissions from the Quality-Audit testing as calculated in paragraph (b)(3)(A) remains below the FEL, as applicable. When this requirement is met, the Executive Officer will reissue the Executive Order or issue a new Executive Order, as the case may be, to include that family. The revocation of engine family executive orders issued based on Cumulative Sum testing results remains in effect as long as the Cumulative Sum statistic remains above the action limit. (J) At any time after the suspension of an Executive Order for a test engine under to paragraph (d)(5)(A)of this section, but not later than fifteen (15) days (or such longer period as may be allowed by the Executive Officer) after notification of the Executive Officer's decision to suspend or revoke an Executive Order in whole or in part pursuant to paragraphs (d)(5)(B), ( C) or (F) of this section, an engine manufacturer may request a hearing pursuant to subchapter 1.25, Title 17, California Code of Regulations, as to whether the tests have been properly conducted or any sampling methods have been properly applied. (K) Any suspension of an Executive Order under paragraph (d)(5)(D) of this section: (i) must be made only after the engine manufacturer concerned has been offered an opportunity for a hearing pursuant to subchapter 1.25, Title 17, California Code of Regulations, and; (ii) does not apply to engines no longer in the possession of the engine manufacturer. (L) After the Executive Officer suspends or revokes an Executive Order pursuant to this section and before the commencement of a hearing, if the engine manufacturer demonstrates to the Executive Officer's satisfaction that the decision to suspend or revoke the Executive Order was based on erroneous information, the Executive Officer will reinstate the Executive Order. (M) To permit an engine manufacturer to avoid storing non-test engines while conducting subsequent testing of the noncomplying family, an engine manufacturer may request that the Executive Officer conditionally reinstate the Executive Order for that family. The Executive Officer may reinstate the Executive Order subject to the following condition: the engine manufacturer must commit to recall all engines of that family produced from the time the Executive Order is conditionally reinstated, and must commit to remedy any nonconformity at no expense to the owner. (e) Selective Enforcement Auditing Regulations. (1) Test Orders. (A) A test order addressed to the engine manufacturer is required for any testing under paragraph (e). (B) The test order is signed by the Executive Officer or his or her designee. The test order must be delivered in person by an ARB enforcement officer or ARB authorized representative to a company representative or sent by registered mail, return receipt requested, to the engine manufacturer's representative who signed the application for certification submitted by the engine manufacturer, pursuant to the requirements of the applicable portions of Title 13, California Code of Regulations, section 2447. Upon receipt of a test order, the engine manufacturer must comply with all of the provisions of this subsection and instructions in the test order. (C) Information included in test order. (i) The test order will specify the engine family to be selected for testing, the engine manufacturer's engine assembly plant or associated storage facility or port facility (for imported engines) from which the engines must be selected, the time and location at which engines must be selected, and the procedure by which engines of the specified family must be selected. The test order may specify the configuration to be audited and/or the number of engines to be selected per day. Engine manufacturers are required to select a minimum of four engines per day unless an alternate selection procedure is approved pursuant to paragraph (e)(2)(A), or unless total production of the specified configuration is less than four engines per day. If total production of the specified configuration is less than four engines per day, the engine manufacturer selects the actual number of engines produced per day. (ii) The test order may include alternate families to be selected for testing at the Executive Officer's discretion in the event that engines of the specified family are not available for testing because those engines are not being manufactured during the specified time or are not being stored at the specified assembly plant, associated storage facilities, or port of entry. (iii) If the specified family is not being manufactured at a rate of at least two (2) engines per day in the case of engine manufacturers specified in paragraph (e)(4)(G)(i) of this section, or one engine per day in the case of engine manufacturers specified in paragraph (e)(4)(G)(ii) of this section, over the expected duration of the audit, the Executive Officer or her or his designated representative may select engines of the alternate family for testing. (iv) In addition, the test order may include other directions or information essential to the administration of the required testing. (D) An engine manufacturer may submit a list of engine families and the corresponding assembly plants, associated storage facilities, or (in the case of imported engines) port facilities from which the engine manufacturer prefers to have engines selected for testing in response to a test order. In order that an engine manufacturer's preferred location be considered for inclusion in a test order for a particular engine family, the list must be submitted prior to issuance of the test order. Notwithstanding the fact that an engine manufacturer has submitted the list, the Executive Officer may order selection at other than a preferred location. (E) Upon receipt of a test order, an engine manufacturer must proceed in accordance with the provisions of paragraph (e). (2) Testing by the Executive Officer. (A) The Executive Officer may require by test order under paragraph (e)(1) that engines of a specified family be selected in a manner consistent with the requirements of paragraph (e)(3) and submitted to the Executive Officer at the place designated for the purpose of conducting emission tests. These tests will be conducted in accordance with paragraph (e)(4) to determine whether engines manufactured by the engine manufacturer conform with the regulations with respect to which the certificate of conformity was issued. (B) Designating official data. (i) Whenever the Executive Officer conducts a test on a test engine or the Executive Officer and engine manufacturer each conduct a test on the same test engine, the results of the Executive Officer's test are the official data for that engine. (ii) Whenever the engine manufacturer conducts all tests on a test engine, the engine manufacturer's test data are accepted as the official data, provided that if the Executive Officer makes a determination based on testing conducted under paragraph (e)(2)(A) of this section that there is a substantial lack of agreement between the engine manufacturer's test results and the Executive Officer's test results, no engine manufacturer's test data from the engine manufacturer's test facility will be accepted for purposes of this subsection. (C) If testing conducted under paragraph (e)(1) is unacceptable under paragraph (B)(ii) of this subsection, the Executive Officer must: (i) Notify the engine manufacturer in writing of the Executive Officer's determination that the test facility is inappropriate for conducting the tests required by this subsection and the reasons therefor; and (ii) Reinstate any engine manufacturer's data upon a showing by the engine manufacturer that the data acquired under paragraph (e)(2) were erroneous and the engine manufacturer's data was correct. (D) The engine manufacturer may request in writing that the Executive Officer reconsider the determination in paragraph (B)(ii) of this section based on data or information indicating that changes have been made to the test facility and these changes have resolved the reasons for disqualification. (3) Sample selection. (A) Engines comprising a test sample will be selected at the location and in the manner specified in the test order. If an engine manufacturer determines that the test engines cannot be selected in the manner specified in the test order, an alternative selection procedure may be employed, provided the engine manufacturer requests approval of the alternative procedure before starting test sample selection, and the Executive Officer approves the procedure. (B) The engine manufacturer must produce and assemble the test engines of the family selected for testing using its normal production and assembly process for engines to be distributed into commerce. If, between the time the engine manufacturer is notified of a test order and the time the engine manufacturer finishes selecting test engines, the engine manufacturer implements any change(s) in its production or assembly processes, including quality control, which may reasonably be expected to affect the emissions of the engines selected, then the engine manufacturer must, during the audit, inform the Executive Officer of such changes. If the test engines are selected at a location where they do not have their operational and emission control systems installed, the test order will specify the manner and location for selection of components to complete assembly of the engines. The engine manufacturer must assemble these components onto the test engines using normal assembly and quality control procedures as documented by the engine manufacturer. (C) No quality control, testing, or assembly procedures will be used on the test engine or any portion thereof, including parts and subassemblies, that have not been or will not be used during the production and assembly of all other engines of that family, unless the Executive Officer approves the modification in production or assembly procedures pursuant to paragraph (B) of this subsection. (D) The test order may specify that an ARB enforcement officer(s) or authorized representative(s), rather than the engine manufacturer, select the test engines according to the method specified in the test order. (E) The order in which test engines are selected determines the order in which test results are to be used in applying the sampling plan in accordance with paragraph (e)(5). (F) The engine manufacturer must keep on hand all untested engines, if any, comprising the test sample until a pass or fail decision is reached in accordance with paragraph (e)(5)(E). The engine manufacturer may ship any tested engine which has not failed the requirements as set forth in paragraph (e)(5)(B). However, once the engine manufacturer ships any test engine, it may not conduct retests as provided in paragraph (e)(4)(I). (4) Test procedures. (A)(i) For spark-ignition marine engines subject to the provisions of this subsection, the prescribed test procedures are the test procedures as specified in Part IV of the Test Procedures. (ii) The Executive Officer may, on the basis of a written application by an engine manufacturer, prescribe test procedures other than those specified in paragraph (i) for any spark-ignition marine engine he or she determines is not susceptible to satisfactory testing using the procedures specified in paragraph (i). (B)(i) The engine manufacturer may not adjust, repair, prepare, or modify the engines selected for testing and may not perform any emission tests on engines selected for testing pursuant to the test order unless this adjustment, repair, preparation, modification, and/or tests are documented in the engine manufacturer's engine assembly and inspection procedures and are actually performed or unless these adjustments and/ or tests are required or permitted under this subsection or are approved in advance by the Executive Officer. (ii) The Executive Officer may adjust or cause to be adjusted any engine parameter that the Executive Officer determines subject to adjustment for certification and Selective Enforcement Audit testing in accordance with Part I, section 18 of the Test Procedures, to any setting within the physically adjustable range of that parameter, as determined by the Executive Officer in accordance with section 18, prior to the performance of any tests. However, if the idle speed parameter is one which the Executive Officer has determined to be subject to adjustment, the Executive Officer may not adjust it to any setting that causes a lower engine idle speed than would have been possible within the physically adjustable range of the idle speed parameter if the engine manufacturer had accumulated 12 hours of service on the engine under paragraph (C) of this section, all other parameters being identically adjusted for the purpose of the comparison. The engine manufacturer may be requested to supply information needed to establish an alternate minimum idle speed. The Executive Officer, in making or specifying these adjustments, may consider the effect of the deviation from the engine manufacturer's recommended setting on emission performance characteristics as well as the likelihood that similar settings will occur on in-use engines. In determining likelihood, the Executive Officer may consider factors such as, but not limited to, the effect of the adjustment on engine performance characteristics and information from similar in-use engines. (C) Service Accumulation. Before performing exhaust emission testing on a selective enforcement audit test engine, the engine manufacturer may accumulate on each engine a number of hours of service equal to the greater of 12 hours or the number of hours the engine manufacturer accumulated during certification on the emission data engine corresponding to the family specified in the test order. (i) Service accumulation must be performed in a manner using good engineering judgment to obtain emission results representative of normal production engines. This service accumulation must be consistent with the new engine break-in instructions contained in the applicable owner's manual. (ii) The engine manufacturer must accumulate service at a minimum rate of 6 hours per engine during each 24-hour period, unless otherwise approved by the Executive Officer. a.. The first 24-hour period for service begins as soon as authorized checks, inspections, and preparations are completed on each engine. b. The minimum service accumulation rate does not apply on weekends or holidays. c. If the engine manufacturer's service or target is less than the minimum rate specified (6 hours per day), then the minimum daily accumulation rate is equal to the engine manufacturer's service target. (iii) Service accumulation must be completed on a sufficient number of test engines during consecutive 24-hour periods to assure that the number of engines tested per day fulfills the requirements of paragraphs (G)(i) and (G)(ii) below. (D) The engine manufacturer may not perform any maintenance on test engines after selection for testing, nor may the Executive Officer allow deletion of any engine from the test sequence, unless requested by the engine manufacturer and approved by the Executive Officer before any engine maintenance or deletion. (E) The engine manufacturer must expeditiously ship test engines from the point of selection to the test facility. If the test facility is not located at or in close proximity to the point of selection, the engine manufacturer must assure that test engines arrive at the test facility within 24 hours of selection. The Executive Officer may approve more time for shipment based upon a request by the engine manufacturer accompanied by a satisfactory justification. (F) If an engine cannot complete the service accumulation or an emission test because of a malfunction, the engine manufacturer may request that the Executive Officer authorize either the repair of that engine or its deletion from the test sequence. (G) Whenever an engine manufacturer conducts testing pursuant to a test order issued under this subsection, the engine manufacturer must notify the Executive Officer within one working day of receipt of the test order as to which test facility will be used to comply with the test order. If no test cells are available at a desired facility, the engine manufacturer must provide alternate testing capability satisfactory to the Executive Officer. (i) An engine manufacturer with projected spark-ignition marine engine sales for the California market for the applicable year of 20 or greater must complete emission testing at a minimum rate of two (2) engines per 24-hour period, including each voided test. (ii) An engine manufacturer with projected spark-ignition marine engine sales for the California market for the applicable year of less than 20 must complete emission testing at a minimum rate of one engine per 24-hour period, including each voided test. (iii) The Executive Officer may approve a lower daily rate of emission testing based upon a request by an engine manufacturer accompanied by a satisfactory justification. (H) The engine manufacturer must perform test engine selection, shipping, preparation, service accumulation, and testing in such a manner as to assure that the audit is performed in an expeditious manner. (I) Retesting. (i) The engine manufacturer may retest any engines tested during a Selective Enforcement Audit once a fail decision for the audit has been reached in accordance with paragraph (e)(5)(E). (ii) The Executive Officer may approve retesting at other times based upon a request by the engine manufacturer accompanied by a satisfactory justification. (iii) The engine manufacturer may retest each engine a total of three times. The engine manufacturer must test each engine or vehicle the same number of times. The engine manufacturer may accumulate additional service before conducting a retest, subject to the provisions of paragraph (C) of this paragraph (4). (J) An engine manufacturer must test engines with the test procedure specified in Part IV of the Test Procedures to demonstrate compliance with the exhaust emission standard (or applicable FEL) for HC+NOx. If alternate procedures were used in certification pursuant to Part 1, section 20(c) of the Test Procedures, then those alternate procedures must be used. (5) Compliance with acceptable quality level and passing and failing criteria for selective enforcement audits. (A) The prescribed acceptable quality level is 40 percent. (B) A failed engine is one whose final test results for HC+NO x pursuant to paragraph (b)(3)(D) or (c)(2)(iv), as applicable, exceed the applicable family emission level or whose test results for a regulated pollutant exceed the emission standards. (C) The engine manufacturer must test engines comprising the test sample until a pass or fail decision is reached for HC+NO x. A pass decision is reached when the cumulative number of failed engines, as defined in paragraph (B), for HC+NO x is less than or equal to the pass decision number, as defined in paragraph (D), appropriate to the cumulative number of engines tested. A fail decision is reached when the cumulative number of failed engines for HC+NO x is greater than or equal to the fail decision number, as defined in paragraph (D), appropriate to the cumulative number of engines tested. (D) The pass and fail decision numbers associated with the cumulative number of engines tested are determined by using the tables in Appendix A to this subsection (e), "Sampling Plans for Selective Enforcement Auditing of Spark-Ignition Marine Engines," appropriate to the projected sales as made by the engine manufacturer in its report to ARB under paragraph (b)(4) or (c)(3)(A). In the tables in Appendix A to this subsection, sampling plan "stage" refers to the cumulative number of engines tested. Once a pass or fail decision has been made for HC+NO x, the number of engines with final test results exceeding the emission standard for HC+NO x shall not be considered any further for the purposes of the audit. (E) Passing or failing a selective enforcement audit occurs when the decision is made on the last engine required to make a decision under paragraph (C). (F) The Executive Officer may terminate testing earlier than required in paragraph (C) upon either a manufacturers' or Executive Officer's admission that further testing would not change the pass/fail decision. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. Appendix to Paragraph (e) of Section 2446 -Sampling Plans for Selective Enforcement Auditing of Spark-Ignition Marine Engines Table 1. -Sampling Plan Code Letter Annual engine family sales(in California) Code letter 20-50.................................... AA. [FN1] 20-99.................................... A. 100-299.................................. B. 300-499.................................. C. 500 or greater........................... D. _________________________________________ [FN1] An engine manufacturer may use either the sampling plan for code letter "AA" or sampling plan for code letter "A" for Selective Enforcement Audits of engine families with annual sales between 20 and 50 engines. Additionally, the engine manufacturer may switch between these plans during the audit. Table 2. -Sampling Plan for Code Letter "AA" [Sample inspection criteria] Stage Pass No. Fail No. Stage Pass No. Fail No. 1 ( [FN1]) ( [FN2]) 11 4 8 2 ( [FN1]) ( [FN2]) 12 4 9 3 0 ( [FN2]) 13 5 9 4 0 ( [FN2]) 14 5 10 5 1 5 15 6 10 6 1 6 16 6 10 7 2 6 17 7 10 8 2 7 18 8 10 9 3 7 19 8 10 10 3 8 20 9 10 _______________ [FN1] Test sample passing not permitted at this stage. [FN2] Test sample failure not permitted at this stage. Table 3. -Sampling Plan for Code Letter "A" [Sample inspection criteria] Stage Pass No. Fail No. Stage Pass No. Fail No. 1 ( [FN1]) ( [FN2]) 16 6 11 2 ( [FN1]) ( [FN2]) 17 7 12 3 ( [FN1]) ( [FN2]) 18 7 12 4 0 ( [FN2]) 19 8 13 5 0 ( [FN2]) 20 8 13 6 1 6 21 9 14 7 1 7 22 10 14 8 2 7 23 10 15 9 2 8 24 11 15 10 3 8 25 11 16 11 3 8 26 12 16 12 4 9 27 12 17 13 5 10 28 13 17 14 5 10 29 14 17 15 6 11 30 16 17 _____ [FN1] Test sample passing not permitted at this stage. [FN2] Test sample failure not permitted at this stage. Table 4. -Sampling Plan for Code Letter "B" [Sample inspection criteria] Stage Pass No. Fail No. Stage Pass No. Fail No. 1 ( [FN1]) ( [FN2]) 21 9 14 2 ( [FN1]) ( [FN2]) 22 9 15 3 ( [FN1]) ( [FN2]) 23 10 15 4 ( [FN1]) ( [FN2]) 24 10 16 5 0 ( [FN2]) 25 11 16 6 0 6 26 11 17 7 1 7 27 12 17 8 2 7 28 12 18 9 2 8 29 13 18 10 3 9 30 13 19 11 3 9 31 14 19 12 4 10 32 14 20 13 4 10 33 15 20 14 5 11 34 16 21 15 5 11 35 16 21 16 6 12 36 17 22 17 6 12 37 17 22 18 7 13 38 18 22 19 7 13 39 18 22 20 8 14 40 21 22 _____ [FN1] Test sample passing not permitted at this stage. [FN2] Test sample failure not permitted at this stage. Table 5. -Sampling Plan for Code Letter "C" [Sample inspection criteria] Stage Pass No. Fail No. Stage Pass No. Fail No. 1 ( [FN1]) ( [FN2]) 26 11 17 2 ( [FN1]) ( [FN2]) 27 12 17 3 ( [FN1]) ( [FN2]) 28 12 18 4 ( [FN1]) ( [FN2]) 29 13 18 5 0 ( [FN2]) 30 13 19 6 0 6 31 14 19 7 1 7 32 14 20 8 2 7 33 15 20 9 2 8 34 16 21 10 3 9 35 16 21 11 3 9 36 17 22 12 4 10 37 17 22 13 4 10 38 18 23 14 5 11 39 18 23 15 5 11 40 19 24 16 6 12 41 19 24 17 6 12 42 20 25 18 7 13 43 20 25 19 7 13 44 21 26 20 8 14 45 21 27 21 8 14 46 22 27 22 9 15 47 22 27 23 10 15 48 23 27 24 10 16 49 23 27 25 11 16 50 26 27 _____ [FN1] Test sample passing not permitted at this stage. [FN2] Test sample failure not permitted at this stage. Table 6. -Sampling Plan for Code Letter "D" [Sample inspection criteria] Stage Pass No. Fail No. Stage Pass No. Fail No. 1 ( [FN1]) ( [FN2]) 31 14 20 2 ( [FN1]) ( [FN2]) 32 14 20 3 ( [FN1]) ( [FN2]) 33 15 21 4 ( [FN1]) ( [FN2]) 34 15 21 5 0 ( [FN2]) 35 16 22 6 0 6 36 16 22 7 1 7 37 17 23 8 2 8 38 17 23 9 2 8 39 18 24 10 3 9 40 18 24 11 3 9 41 19 25 12 4 10 42 19 26 13 4 10 43 20 26 14 5 11 44 21 27 15 5 11 45 21 27 16 6 12 46 22 28 17 6 12 47 22 28 18 7 13 48 23 29 19 7 13 49 23 29 20 8 14 50 24 30 21 8 14 51 24 30 22 9 15 52 25 31 23 9 15 53 25 31 24 10 16 54 26 32 25 11 16 55 26 32 26 11 17 56 27 33 27 12 17 57 27 33 28 12 18 58 28 33 29 13 19 59 28 33 30 13 19 60 32 33 _____ [FN1] Test sample passing not permitted at this stage. [FN2] Test sample failure not permitted at this stage. s 2447. California Exhaust Emission Standards and Test Procedures for 2001 Model Year and Later Spark-Ignition Marine Engines. Test Procedures referred to in this chapter may be obtained from the State Air Resources Board at P.O. Box 8001, 9528 Telstar Avenue, El Monte, California 91734-8001. Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43102 and 43104, Health and Safety Code. Reference: Sections 43013, 43017, 43018, 43101, 43102, 43104, 43105, 43150-43154, 43205.5 and 43210-43212, Health and Safety Code. s 2448. Sunset Review of the California Regulations for 2001 and Later Model Year Spark-Ignition Marine Engines. Within five years from the effective date of adoption or date of implementation, whichever comes later, the Air Resources Board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this Article to determine whether they should be retained, revised or repealed. Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code. Reference: Sections 39600 and 39601, Health and Safety Code. s 2450. Purpose. These regulations establish a statewide program for the registration and regulation of portable engines and engine-associated equipment (portable engines and equipment units) as defined herein. Portable engines and equipment units registered under the Air Resources Board program may operate throughout the State of California without authorization (except as specified herein) or permits from air quality management or air pollution control districts (districts). These regulations preempt districts from permitting, registering, or regulating portable engines and equipment units, including equipment necessary for the operation of a portable engine (e.g. fuel tanks), registered with the Executive Officer of the Air Resources Board except in the circumstances specified in the regulations. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2451. Applicability. (a) Registration under this regulation is voluntary for owners and operators of portable engines or equipment units. (b) This regulation applies to portable engines and equipment units as defined in section 2452. Except as provided in paragraph (c) of this section, any portable engine or equipment unit may register under this regulation. Examples include, but are not limited to: (1) portable equipment units driven solely by portable engines including confined and unconfined abrasive blasting, Portland concrete batch plants, sand and gravel screening, rock crushing, and unheated pavement recycling and crushing operations; (2) consistent with section 209(e) of the federal Clean Air Act, engines and associated equipment used in conjunction with the following types of portable operations: well drilling, service or work-over rigs; power generation, excluding cogeneration; pumps; compressors; diesel pile-driving hammers; welding; cranes; woodchippers; dredges; equipment necessary for the operation of portable engines and equipment units; and military tactical support equipment. (c) The following are not eligible for registration under this program: (1) any engine used to propel mobile equipment or a motor vehicle of any kind; (2) any engine or equipment unit not meeting the definition of portable as defined in section 2452(z) of this regulation; (3) any equipment unit and its associated engine determined by the Executive Officer to qualify as part of a stationary source permitted by a district; (4) any portable engine or equipment unit subject to an applicable federal Maximum Achievable Control Technology standard, or National Emissions Standard for Hazardous Air Pollutants, or federal New Source Performance Standard, except for equipment units subject to 40 CFR Part 60 Subpart OOO (Standards of Performance for Nonmetallic Mineral Processing Plants); (5) any portable engine or equipment unit operating within the boundaries of the California Outer Continental Shelf (OCS) [Note: This shall not prevent statewide registration of engines and equipment units already permitted by a district for operation in the OCS. Such statewide registration shall only be valid for operation onshore and in State Territorial Waters (STW).]; (6) any dredging operation in the Santa Barbara Harbor; (7) any dredging unit owned by a single port authority, harbor district, or similar agency in control of a harbor, and operated only within the same harbor; (8) generators used for power production into the grid, except to maintain grid stability during an emergency event or other unforeseen event that affects grid stability; and (9) generators used to provide primary or supplemental power to a building, facility, stationary source, or stationary equipment, except during unforeseen interruptions of electrical power from the serving utility, maintenance and repair operations, electrical upgrade operations that do not exceed 60 calendar days, operations where the voltage, frequency, or electrical current requirements can only be supplied by a portable generator, or remote operations where grid power is unavailable. For interruptions of electric power, the operation of a registered generator including engine startup, shutdown and testing shall not exceed the time of the actual interruption of power. (d) Any engine or equipment unit that loses eligibility for registration under this program shall apply for a permit with a district within 90 days of being notified of loss of eligibility. Registration shall remain valid and operation may continue under this article until the district grants or denies approval for the engine or equipment unit. (e) In the event that the owner or operator of a portable engine or equipment unit elects not to register under this program, the unregistered portable engine or equipment unit shall be subject to district permitting requirements pursuant to district regulations. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2452. Definitions. (a) Air Contaminant means any discharge, release, or other propagation into the atmosphere which includes, but is not limited to, smoke, dust, soot, grime, carbon, fumes, gases, odors, particulate matter, acids, or any combination thereof. (b) ARB means the California Air Resources Board. (c) Corresponding Onshore District means the district which has jurisdiction for the onshore area that is geographically closest to the engine or equipment unit. (d) District means an air pollution control district or air quality management district created or continued in existence pursuant to provisions of Part 3 (commencing with section 40000) of the California Health and Safety Code. (e) Electrical Upgrade means replacement or addition of electrical equipment and systems resulting in increased generation, transmission and/or distribution capacity. (f) Emergency Event means any situation arising from sudden and reasonably unforeseen natural disaster such as earthquake, flood, fire, or other acts of God, or other unforeseen events beyond the control of the portable engine or equipment unit operator, its officers, employees, and contractors that threatens public health and safety and that requires the immediate temporary operation of portable engines or equipment units to help alleviate the threat to public health and safety. (g) Engine means any piston driven internal combustion engine. (h) Equipment Unit means equipment that emits PM 10 over and above that emitted from an associated portable engine. (i) Executive Officer means the Executive Officer of the California Air Resources Board or his/her designee. (j) Existing Program Participant means a company, public agency, or municipality with a unique name and mailing address that held registration prior to September 1, 2005. (k) Hazardous Air Pollutant (HAP) means any air contaminant that is listed pursuant to section 112(b) of the federal Clean Air Act. (l) Home District means the district designated by the responsible official of the portable engine or equipment unit in which the portable engine or equipment unit resides most of the time. (m) Identical Replacement means a substitution due to mechanical breakdown of a registered portable engine or equipment unit with another portable engine or equipment unit that has the same manufacturer, type, model number, manufacturer's maximum rated capacity, and rated brake horsepower; and is intended to perform the same or similar function as the original portable engine or equipment unit; and has equal or lower emissions expressed as mass per unit time; and meets the emission control technology requirements of sections 2455 through 2457 of this article. (n) Location means any single site at a building, structure, facility, or installation. (o) Maximum Achievable Control Technology (MACT) means any federal requirements promulgated as part of 40 CFR Parts 61 and 63. (p) Maximum Rated Capacity is the maximum throughput rating or volume capacity listed on the nameplate of the portable equipment unit as specified by the manufacturer. (q) Maximum Rated Horsepower (brake horsepower (bhp)) is the maximum brake horsepower rating specified by the portable engine manufacturer and listed on the nameplate of the portable engine. (r) Mechanical Breakdown means any failure of an engine's electrical system or mechanical parts that necessitates the removal of the engine from service. (s) Modification means any physical change to, change in method of operation of, or in addition to an existing portable engine or equipment unit, which may cause or result in an increase in the amount of any air contaminant emitted or the issuance of air contaminants not previously emitted. Routine maintenance and/or repair shall not be considered a physical change. Unless previously limited by an enforceable registration condition, a change in the method of operation shall not include: (1) an increase in the production rate, unless such increase will cause the maximum design capacity of the portable equipment unit to be exceeded; (2) an increase in the hours of operation; (3) a change of ownership; and (4) the movement of a portable engine or equipment unit from one location to another; (t) New Nonroad Engine means a nonroad engine, the equitable or legal title to which has never been transferred to an ultimate purchaser. If the equitable or legal title to an engine is not transferred to an ultimate purchaser until after the engine is placed into service, then the engine will no longer be new after it is placed into service. A nonroad engine is placed into service when it is used for its functional purposes. The term "ultimate purchaser" means, with respect to a new nonroad engine, the first person who in good faith purchases a new nonroad vehicle or a new nonroad engine for purposes other than resale. (u) New Program Participant means a company, public agency, or municipality with a unique name and mailing address that did not hold registration prior to September 1, 2005. (v) New Source Performance Standard means any federal requirement promulgated as part of 40 CFR Part 60. (w) Non-operational means a portable engine or equipment unit that an owner or operator has demonstrated to the satisfaction of the Executive Officer as residing in California but not operating. A portable engine or equipment unit determined to be non-operational may not operate under the registration program. (x) Nonroad Engine means: (1) Except as discussed in paragraph (2) of this definition, a nonroad engine is any engine: (A) in or on a piece of equipment that is self-propelled or serves a dual purpose by both propelling itself and performing another function (such as garden tractors, off-highway mobile cranes and bulldozers); or (B) in or on a piece of equipment that is intended to be propelled while performing its function (such as lawnmowers and string trimmers); or (C) that, by itself or in or on a piece of equipment, is portable or transportable, meaning designed to be and capable of being carried or moved from one location to another. Indicia of transportability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. (2) An engine is not a nonroad engine if: (A) the engine is used to propel a motor vehicle or a vehicle used solely for competition, or is subject to standards promulgated under section 202 of the federal Clean Air Act; or (B) the engine is regulated by a federal New Source Performance Standard promulgated under section 111 of the federal Clean Air Act; or (C) the engine otherwise included in paragraph (1)(C) of this definition remains or will remain at a location for more than 12 consecutive months or a shorter period of time for an engine located at a seasonal source. Any engine (or engines) that replaces an engine at a location and that is intended to perform the same or similar function as the engine replaced will be included in calculating the consecutive time period. An engine located at a seasonal source is an engine that remains at a seasonal source during the full annual operating period of the seasonal source. A seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location approximately three (or more) months each year. (y) Outer Continental Shelf (OCS) shall have the meaning provided by section 2 of the Outer Continental Shelf Lands Act (43 U.S.C. Section 1331 et seq.). (z) Portable means designed and capable of being carried or moved from one location to another. Indicia of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. For the purposes of this regulation, dredge engines on a boat or barge are considered portable. The engine or equipment unit is not portable if any of the following are true: (1) the engine or equipment unit or its replacement is attached to a foundation, or if not so attached, will reside at the same location for more than 12 consecutive months. The period during which the engine or equipment unit is maintained at a storage facility shall be excluded from the residency time determination. Any engine or equipment unit such as back-up or stand-by engines or equipment units, that replace engine(s) or equipment unit(s) at a location, and is intended to perform the same or similar function as the engine(s) or equipment unit(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s) or equipment unit(s), including the time between the removal of the original engine(s) or equipment unit(s) and installation of the replacement engine(s) or equipment unit(s), will be counted toward the consecutive time period; or (2) the engine or equipment unit remains or will reside at a location for less than 12 consecutive months if the engine or equipment unit is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or (3) the engine or equipment unit is moved from one location to another in an attempt to circumvent the portable residence time requirements. (aa) Prevention of Significant Deterioration (PSD) means any federal requirements promulgated as part of 40 CFR Part 52. (bb) Process means any air-contaminant-emitting activity associated with the operation of a portable engine. (cc) Project, for the purposes of onshore operation, means the use of one or more registered portable engines or equipment units operated under the same or common ownership or control to perform a single activity. (dd) Project, for the purposes of State Territorial Waters (STW), means the use of one or more registered portable engines and equipment units operating under the same or common ownership or control to perform any and all activities needed to fulfill specified contract work that is performed in STW. For the purposes of this definition, a contract means verbal or written commitments covering all operations necessary to complete construction, exploration, maintenance, or other work. Multiple or consecutive contracts may be considered one project if they are intended to perform activities in the same general area, the same parties are involved in the contracts, or the time period specified in the contracts is determined by the Executive Officer to be sequential. (ee) Registration means issuance of a certificate by the Executive Officer acknowledging expected compliance with the applicable requirements of this article, and the intent by the owner or operator to operate said portable engine or equipment unit within the requirements established by this article as it pertains to portable engines and equipment units. (ff) Rental Business means a business in which the principal use of its engines or equipment units is to temporarily rent or lease for profit, portable engines or equipment units to operators other than the owner(s) of the engine or equipment unit. (gg) Renter means a person who rents a portable engine or equipment unit from a rental business. (hh) Resident Engine means: (1) a portable engine that at the time of applying for registration, has a current, valid district permit or registration issued in accordance with local district requirements and an application for registration is submitted to the Executive Officer on or before December 31, 2005; or (2) a portable engine that resided in the State of California at any time from July 1, 2003 to July 1, 2004 and an application for registration is submitted to the Executive Officer no later than December 31, 2005. The responsible official shall provide sufficient documentation to prove the portable engine's residency to the satisfaction of the Executive Officer. Examples of adequate documentation include but are not limited to: valid permits issued by a district, tax records, and usage or maintenance records. (ii) Responsible Official is the individual employed or otherwise retained by a company, public agency, or municipality that has the authority to certify that the portable equipment complies with all applicable requirements of this article. (jj) State Territorial Waters (STW) includes all of the following: an expanse of water that extends from the California coastline to 3 miles off-shore; a 3 mile wide belt around islands; and estuaries, rivers, and other inland waterways. (kk) Stationary Source means any building, structure, facility or installation which emits any air contaminant directly or as a fugitive emission. "Building," "structure," "facility," or "installation" includes all pollutant emitting activities which: (1) are under the same ownership or operation, or which are owned or operated by entities which are under common control; (2) belong to the same industrial grouping either by virtue of falling within the same two-digit standard industrial classification code or by virtue of being part of a common industrial process, manufacturing process, or connected process involving a common raw material; and (3) are located on one or more contiguous or adjacent properties. [Note: For purposes of this regulation a stationary source and nonroad engine are mutually exclusive.] (ll) Stick Test means the process whereby a ruler or similar device is inserted perpendicular to the bottom of the fuel tank. From the wetted length of the ruler, the amount of fuel remaining in a tank of known dimensions can be calculated. (mm) Storage means a warehouse, enclosed yard, or other area established for the primary purpose of maintaining portable engines or equipment units when not in operation. (nn) Tactical Support Equipment (TSE) means equipment using a portable engine, including turbines, that meets military specifications, owned by the U.S. Department of Defense, the U.S. military services, or its allies, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. Examples include, but are not limited to, internal combustion engines associated with portable generators, aircraft start carts, heaters and lighting carts. (oo) Transportable means the same as portable. (pp) Volatile Organic Compound (VOC) means any compound containing at least one atom of carbon except for the following exempt compounds: acetone, ethane, parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene), methane, carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, ammonium carbonates, methylene chloride (dichloromethane), methyl chloroform (1,1,1-trichoroethane), CFC-113 (trichlorotrifluoroethane), CFC-11 (trichlorofluoromethane), CFC-12 (dichlorodifluoromethane), CFC-22 (chlorodifluoromethane), CFC-23 (trifluoromethane), CFC-114 (dichlorotetrafluoroethane), CFC-115 (chloropentafluoroethane), HCFC-123 (dichlorotrifluoroethane), HFC-134a (tetrafluoroethane), HCFC-141b (dichlorofluoroethane), HCFC-142b (chlorodifluoroethane), HCFC-124 (chlorotetrafluoroethane), HFC-23 (trifluoromethane), HFC-134 (tetrafluoroethane), HFC-125 (pentafluoroethane), HFC-143a (trifluoroethane), HFC-152a (difluoroethane), cyclic, branched, or linear completely methylated siloxanes, the following classes of perfluorocarbons: (1) cyclic, branched, or linear, completely fluorinated alkanes; (2) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (3) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (4) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds to carbon and fluorine, acetone, ethane, and parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene). (qq) U.S. EPA means the United States Environmental Protection Agency. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2453. Application Process. (a) In order for an engine or equipment unit to be considered for registration by the Executive Officer, the engine or equipment unit must be portable as defined in section 2452(z) and meet all applicable requirements established in this article. (b) For purposes of registration under this article, a portable engine and the equipment unit it serves are considered to be separate emissions units and require separate applications. (c) For an identical replacement, an owner or operator of a registered portable engine or equipment unit is not required to complete a new application and may immediately operate the identical replacement. Except for TSE, the owner or operator shall notify the Executive Officer in writing within five calendar days of replacing the registered portable engine or equipment unit with an identical replacement. Notification shall include company name, responsible official, phone number, registration certificate number of the portable engine or equipment unit to be replaced, and make, model, rated brake horsepower, serial number of the identical replacement; description of the mechanical breakdown; and applicable fees as required in section 2461. Misrepresentation of portable engine or equipment unit information and failure to meet the requirements of this regulation shall subject the owner or operator to section 2465. (d) The Executive Officer shall inform the applicant, in writing, if the application is complete or deficient, within 30 days of receipt of an application. If deemed deficient, the Executive Officer shall identify the specific information required to make the application complete. (e) The Executive Officer shall issue or deny registration according to the following schedule: (1) within 90 days of receipt of an application, for applications received on or before December 31, 2005, except for applications containing only resident engines or only resident engines and equipment units which shall be 180 days from the date of receipt; and (2) within 90 days of receipt of an application, for applications received after December 31, 2005. (f) Upon finding that a portable engine or equipment unit meets the requirements of this article, the Executive Officer shall issue a registration for the portable engine or equipment unit. The Executive Officer shall notify the applicant in writing that the portable engine or equipment unit has been registered. The notification shall include a registration certificate, any conditions to ensure compliance with state and federal requirements, and a registration identification device for each registered portable engine or equipment unit. Except for TSE, the registration identification device shall be affixed on the registered portable engine or equipment unit at all times, and the registration certificate shall be kept on the immediate premises with the portable engine or equipment at all times and made accessible to the Executive Officer or districts upon request. Failure to properly maintain the registration identification device shall be deemed a violation of this article. (g) Except for TSE, each application for registration and the appropriate fee(s) as specified in section 2461, shall be submitted in a format approved by the Executive Officer and include, at a minimum, the following information: (1) indication of portable engine or equipment unit status (e.g., resident) and general nature of business (e.g., rental business, etc.); (2) indication of home district (optional); (3) the name of applicant, including mailing address and telephone number; (4) a brief description of typical portable-engine or equipment-unit use; (5) detailed description, including portable-engine or equipment-unit make, model, manufacture year (for portable engines only), rated brake horsepower, throughput, capacity, emission control equipment, and serial number; (6) necessary engineering data, emissions test data, or manufacturer's emissions data to demonstrate compliance with the requirements as specified in sections 2455, 2456, and 2457; (7) for resident engines, a copy of a current permit to operate or a registration certificate that was granted by a district or other proof of California residency as described in section 2452(hh); and (8) the printed name and signature of the responsible official and date of the signature. (h) For TSE, application for registration and the appropriate fee(s) as specified in section 2461, shall be submitted in a format approved by the Executive Officer and include, at a minimum, the following information: (1) the name of applicant, including mailing address and telephone number; (2) a brief description of typical portable-engine or equipment-unit use; (3) portable-engine or equipment-unit description, including type and rated brake horsepower; and (4) the printed name and signature of the responsible official and date of the signature. (i) Portable engines or equipment units owned and operated for the primary purpose of rental by a rental business shall be identified as rental at the time of application for registration and shall be issued a registration specific to the rental business requirements of this article. Portable engines or equipment units used primarily for purposes other than rental or not owned by a rental business shall not qualify for registration as a rental business. Misrepresentation of portable engine or equipment unit use in an attempt to qualify under the rental business definition shall subject the owner or operator to section 2465 of this article. (j) Applications must be filed with the Executive Officer to change all registered non-operational engines and equipment units to operational status no later than 90 days after the effective date of these regulations, or the registrations will be cancelled. (k) New applications for non-operational engines or equipment units will not be accepted by the Executive Officer. (l) Once registration is issued by the Executive Officer, district permits or registrations for registered portable engines or equipment units are preempted by the statewide registration and are, therefore, considered null and void, except for the following circumstances where a district permit shall be required: (1) portable engines or equipment units used in a project(s) operating in the OCS. The requirements of the district permit or registration apply to the registered portable engine or equipment unit while operating at the project(s) in the OCS; or (2) portable engines or equipment units used in a project(s) operating in both the OCS and STW. The requirements of the district permit or registration apply to the registered portable engine or equipment unit while operating at the project(s) in the OCS and STW; or (3) at STW project(s) that trigger district emission offset thresholds; or (4) at any specific location where statewide registration is not valid. The portable engine or equipment unit shall obtain a district permit or registration for the location(s) where the statewide registration is not valid; or (5) any engine or equipment unit that has been determined to cause a public nuisance as defined in Health and Safety Code Section 41700. The portable engine or equipment unit shall not be operated under both statewide registration and a district permit at any specific location. (m) When a registered engine or equipment unit has been purchased, the new owner shall submit a change of ownership application. The existing registration is not valid for the new owner until the application has been filed and all applicable fees have been paid. Registration will be reissued to the new owner after a complete application has been approved by the Executive Officer. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2454. Registration Process. (a) The Executive Officer shall make registration data available to the districts (e.g., on the Internet). (b) The Executive Officer may conduct an inspection of a portable engine or equipment unit and/or require a source test in order to verify compliance with the requirements of this article prior to issuance of registration. (c) After obtaining registration in accordance with this article, the owner or operator of the registered portable engines or equipment units may operate within the boundaries of the State of California so long as such portable engines or equipment units comply with all applicable requirements of this article and any other applicable federal or state law. (d) Districts shall provide the Executive Officer with written reports or electronic submittals via the Internet, describing any inspections and the nature and outcome of any violation of local, state or federal laws by the owner or operator of registered portable engines or equipment units. The Executive Officer will provide all districts with such information (e.g., on the Internet). Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2455. General Requirements. (a) The emissions from portable engines or equipment units registered under this article shall not, in the aggregate, interfere with the attainment or maintenance of California or federal ambient air quality standards. The emissions from any one portable engine or equipment unit, exclusive of background concentration, shall not cause an exceedance of any ambient air quality standard. This paragraph shall not be construed as requiring portable engine or equipment unit operators to provide emission offsets for a portable engine or equipment unit registered under this article. (b) Portable engines or equipment units registered under this article shall comply with article 1, chapter 3, part 4, division 26 of the California Health and Safety Code, commencing with section 41700. (c) Except for portable engines or equipment units permitted or registered by a district in which an emergency event occurs, a portable engine or equipment unit operated during an emergency event as defined in section 2452(f) of this article, is considered registered under the requirements of this article for the duration of the emergency event and is exempt from sections 2455, 2456, 2457, 2458, and 2459 of this article for the duration of the emergency event provided the owner or operator notifies the Executive Officer within 24 hours of commencing operation. The Executive Officer may for good cause refute that an emergency event under this provision exists. If the Executive Officer deems that an emergency event does not exist, all operation of portable engines and equipment units covered by this provision shall cease operation immediately upon notification by the Executive Officer. Misrepresentation of an emergency event and failure to cease operation under notice of the Executive Officer is a violation of this article and may subject the owner or operator to section 2465 of this article. (d) For the purposes of registration under this article, the owner or operator of a registered portable equipment unit must notify the U.S. EPA and comply with 40 CFR 52.21 if: (1) the portable equipment unit operates at a facility defined as a major source under 40 CFR 51.166 or 52.21, and (A) the facility is located within 10 kilometers of a Class I area; or (B) the portable equipment unit, operating in conjunction with other registered portable equipment units, operates at the stationary source and its operation would be defined as a major modification to the stationary source under 40 CFR 51.166 or 52.21; or (2) the portable equipment unit, operating in conjunction with other registered portable equipment units, would be defined as a major stationary source, as defined under 40 CFR 51.166 or 52.21. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2456. Engine Requirements. (a) For TSE, no air contaminant shall be discharged into the atmosphere, other than uncombined water vapor, for a period or periods aggregating more than three minutes in any one hour which is as dark or darker in shade as that designated as No. 2 on the Ringelmann Chart, as published by the United States Bureau of Mines, or of such opacity as to obscure an observer's view to a degree equal to or greater than does smoke designated as No. 2 on the Ringelmann Chart. No other requirements of this section are applicable to TSE. (b) Diesel pile-driving hammers shall comply with the applicable provisions of section 41701.5 of the California Health and Safety Code and are otherwise exempt from further requirements of this section. (c) To be registered in the Statewide Registration Program, a registered portable engine rated less than 50 brake horsepower shall comply with the most stringent requirements, if any, for its horsepower rating and year of manufacture set forth in 40 CFR Part 89 or Title 13, California Code of Regulations. If no emission standards exist for that brake horsepower and year of manufacture at the time of registration, the engine shall comply with the applicable daily and annual emission limits contained in section 2456(g) of this article. No other requirements of this section are applicable to portable engines rated less than 50 brake horsepower. (d) Portable engines registered under this article shall: (1) comply with the applicable daily and annual emission limits contained in section 2456(g) of this article; (2) use only fuels meeting the standards for California motor vehicle fuels as set forth in chapter 5, division 3, Title 13 of the California Code of Regulations, commencing with section 2250, or other fuels and/or additives that have been verified through the Verification Procedure for In-Use Strategies to Control Emissions from Diesel Engines; (3) not exceed particulate matter emissions concentration of 0.1 grain per standard dry cubic feet corrected to 12 percent CO 2; (4) not discharge air contaminants into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity; (5) except for an engine that qualifies as a resident engine, and applications for change of ownership, applications filed on or before December 31, 2005, meet the most stringent emissions standard. After December 31, 2005, except for change of ownership, applications filed for new registration or identical replacement of a registered portable engine, shall meet the most stringent emissions standard. This provision in subsection (d)(5) does not apply to engines built under the flexibility provisions for equipment and vehicle manufacturers and post manufacture marinizers pursuant to 40 CFR part 89 or Title 13 of the California Code of Regulations. (6) after January 1, 2010, if rated 50 brake horsepower or above and not previously meeting a federal or California standard pursuant to 40 CFR Part 86, 40 CFR Part 89 or Title 13 of the California Code of Regulations, meet the most stringent emissions standard (the registration for portable engines that previously did not meet the most stringent standards listed above shall expire on December 31, 2009, and the responsible official must reapply at this time and demonstrate compliance with the most stringent emissions standard). The requirements of this sub-section do not apply if the requirements of Title 13 of the California Code of Regulations Section 93116.3 are satisfied; (7) meet all applicable requirements in Title 13 of the California Code of Regulations Section 93116; and (8) For the purpose of sub-sections (d), (g), and (h), the most stringent emissions standard shall be the current emissions standard in effect at the time an application is received and set forth in Title 13 of the California Code of Regulations for that engine rating. If no emissions standard exists under the California Code of Regulations, then the current emissions standard set forth in 40 CFR Part 86 or 40 CFR Part 89 shall apply. If no standard exists under 40 CFR Part 86, or 40 CFR Part 89, then the current requirements of 40 CFR part 1048 or Table 1 for spark-ignition engines shall apply. Any engine meeting the most stringent emission standard, as defined above, is not subject to requirement (3) of sub-section (d). (e) A registered portable engine owned and operated by a rental business and designated for use as a rental engine shall have operational and properly maintained non-resettable hour meters or fuel flow meters for purposes of complying with the requirements of section 2458. (f) Any registered portable engine that is subject to an hours of operation limitation shall be equipped with a non-resettable hour meter. (g) Registered portable engines shall not exceed the following emission limits: (1) 550 pounds per day per engine of carbon monoxide (CO); (2) 150 pounds per day per engine of particulate matter less than 10 microns (PM 10); (3) for registered portable engines operating onshore, 10 tons for each pollutant per district per year per engine for NOx, SOx, VOC, PM 10, and CO in nonattainment areas; (4) for registered portable engines operating within STW: (A) the offset requirements of the corresponding onshore district apply. Authorization from the corresponding onshore district is required prior to operating within STW. If authorization is in the form of a current district permit, the terms and conditions of the district permit supercede the requirements for the project, except that the most stringent of the technology and emission concentration limits required by the district permit or statewide registration are applicable. If the portable engine does not have a current district permit, the terms and conditions of the statewide registration apply, and the corresponding onshore district may require offsets pursuant to district rules and regulations. The requirement for district offsets shall not apply to the owner/operator of a state registered engine(s) when the engine(s) is operated at a stationary source permitted by the district; and (B) the corresponding onshore district may perform an ambient air quality impact analysis (AQIA) for the proposed project prior to granting authorization. The owner/operator of state registered engine(s) shall be required, at the request of the district, to submit any information deemed by the district to be necessary for performing the AQIA. Statewide registration shall not be valid at any location where the AQIA demonstrates a potential violation of an ambient air quality standard. (5) for engines operating in the South Coast Air Quality Management District (SCAQMD), 100 pounds nitrogen oxides (NOx) per project per day [An owner may substitute SCAQMD permit or registration limits in effect on or before September 17, 1997 (optional)]; (6) 100 pounds NOx per engine per day, except in SCAQMD where the limit is 100 pounds NOx per project per day; and (7) in lieu of (5) and (6) above, operation of a new nonroad engine rated at 750 brake horsepower or greater for which a federal or California standard pursuant to 40 CFR Part 89 or Title 13 of the California Code of Regulations has not yet become effective, shall not exceed 12 hours per day; (8) for engines that operate in both STW and onshore, the 10 tons per district per year per engine limit in (3) above shall only apply onshore; and (9) A portable engine meeting an applicable emissions standard, as set forth in Title 13 of the California Code of Regulations, 40 CFR Part 86, or 40 CFR Part 89, or for spark-ignition engines that meet either the standards set forth in 40 CFR part 1048 or the applicable emissions standard set forth in Table 1 of this regulation, is exempt from the daily and annual emission limits specified above. (h) Portable engines operated on a dredge shall meet the most stringent emission standard by January 1, 2005. (i) Registered TSE is exempt from district New Source Review and Title V programs, including any offset requirements. Further, emissions from registered TSE shall not be included in Title V or New Source Review applicability determinations. (j) Engines initially registering after September 1, 2005, that provide power to or that are mounted on the same trailer or skid with equipment that is ineligible for registration and subject to district permits, including but not limited to boilers, heaters, hot mix asphalt plants, and soil remediation units, shall meet a federal or California standard for newly manufactured nonroad engines pursuant to 40 CFR part 89 or Title 13 of the California Code of Regulations. Table 1. Spark-Ignition Engine Requirements* Pollutant Emission Limits or Control Technology NOx** VOC** CO** 80 ppmdv NOx 240 ppmdv VOC 176 ppmdv CO (1.5 g/bhp-hr)** (1.5 g/bhp-hr) (2.0 g/bhp-hr) *These requirements are in addition to requirements of section 2455 and 2456. **For the purpose of compliance with this article, ppmdv is parts per million @ 15 percent oxygen averaged over 15 consecutive minutes. Limits of ppmdv are the approximate equivalent to the stated grams per brake horsepower hour limit based on assuming the engine is 24.2 percent efficient. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2457. Requirements for Portable Equipment Units. (a) Emissions from a registered portable equipment unit, exclusive of emissions emitted directly from the associated portable engine, shall not exceed: (1) 10 tons per year per district of PM 10; and (2) 82 pounds per project per day of PM 10. (3) For registered equipment units that operate within STW and onshore, emissions released while operating both in STW and onshore shall be included toward the 10 tons per year limit. (b) Portable equipment units shall also meet the following applicable requirements: (1) Confined abrasive blasting operations: (A) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity; (B) the particulate matter emissions shall be controlled using a fabric or cartridge filter dust collector; (C) as a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter control of 99 percent for the dust collection equipment; (D) except for vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters; and (E) there shall be no visible emissions beyond the property line on which the equipment is being operated. (2) Concrete batch plants: (A) all dry material transfer points shall be ducted through a fabric or cartridge type filter dust collector, unless there are no visible emissions from the transfer point; (B) all cement storage silos shall be equipped with fabric or cartridge type vent filters; (C) the silo vent filters shall be maintained in proper operating condition; (D) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity; (E) open areas and all roads subject to vehicular traffic shall be paved, watered, or chemical palliatives applied to prevent fugitive emissions in excess of 20 percent opacity or Ringelmann 1; (F) silo service hatches shall be dust-tight; (G) as a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter control of 99 percent for the fabric dust collection equipment; (H) except for vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters; (I) all aggregate transfer points shall be equipped with a wet suppression system to control fugitive particulate emissions unless there are no visible emissions; (J) all conveyors shall be covered, unless the material being transferred results in no visible emissions; (K) wet suppression shall be used on all stockpiled material to control fugitive particulate emissions, unless the stockpiled material results in no visible emissions; and (L) there shall be no visible emissions beyond the property line on which the equipment is being operated. (3) Sand and gravel screening, rock crushing, and pavement crushing and recycling operations: (A) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 1 or equivalent 20 percent opacity; (B) there shall be no visible emissions beyond the property line on which the equipment is being operated; (C) all transfer points shall be ducted through a fabric or cartridge type filter dust collector, or shall be equipped with a wet suppression system maintaining a minimum moisture content unless there are no visible emissions; (D) particulate matter emissions from each crusher shall be ducted through a fabric dust collector, or shall be equipped with a wet suppression system which maintains a minimum moisture content to ensure there are no visible emissions; (E) all conveyors shall be covered, unless the material being transferred results in no visible emissions; (F) all stockpiled material shall be maintained at a minimum moisture content unless the stockpiled material results in no visible emissions; (G) as a part of application for registration, the applicant shall provide manufacturer's specifications or engineering data to demonstrate a minimum particulate matter control of 99 percent for the fabric dust collection equipment; (H) except for vent filters, each fabric dust collector shall be equipped with an operational pressure differential gauge to measure the pressure drop across the filters; (I) open areas and all roads subject to vehicular traffic shall be paved, watered, or chemical palliatives applied to prevent fugitive emissions in excess of 20 percent opacity or Ringelmann 1; and (J) if applicable, the operation shall comply with the requirements of 40 CFR Part 60 Subpart OOO. (4) Unconfined abrasive blasting operations: (A) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark as or darker than Ringelmann 2 or equivalent 40 percent opacity; (B) only California Air Resources Board-certified abrasive blasting material shall be used [Note: see Title 17, California Code of Regulations, section 92530 for certified abrasives.]; (C) the abrasive material shall not be reused; (D) no air contaminant shall be released into the atmosphere which causes a public nuisance; (E) all applicable requirements of Title 17 of California Code of Regulations shall also apply; and (F) there shall be no visible emissions beyond the property line on which the equipment is being operated. (5) Tub grinders and trommel screens: (A) there shall be no visible emissions beyond the property line on which the equipment is being operated; (B) no air contaminant shall be discharged into the atmosphere for a period or periods aggregating more than three minutes in any one hour which is as dark or darker than Ringelmann 1 or equivalent 20 percent opacity; and (C) water suppression or chemical palliatives shall be used to control fugitive particulate emissions from the tub grinder whenever the tub grinder is in operation, unless there are no visible emissions. (c) Portable equipment units not described in section 2457(b) above, shall be subject to the most stringent district Best Available Control Technology (BACT) requirements in effect for that category of source at the time of application for registration. (d) Registration is not valid for any equipment unit operating at a location if by virtue of the activity to be performed hazardous air pollutants will be emitted (e.g., rock crushing plant operating in a serpentine quarry. [Note: The equipment unit would be subject to the requirements of the district in which the equipment is located.] Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2458. Recordkeeping and Reporting. (a) Any registered portable engine, except for engines operating in STW, that meets one of the following criteria is exempt from the requirements of this section, except for sub-sections (e), and (f): (1) an applicable emissions standard as set forth in Title 13 of the California Code of Regulations, 40 CFR part 86, or 40 CFR Part 89; or (2) for spark-ignition engines, the emissions standard set forth in 40 CFR part 1048 or set forth in Table 1 of section 2456. (b) Except for engines owned by a rental business and TSE, the owner of a registered portable engine subject to operational limitations, including engines otherwise preempted under section 209(e), or portable equipment unit shall maintain daily records for each day of operation of each registered portable engine and equipment unit. The daily records shall be maintained at a central place of business for five years, and made accessible to the Executive Officer or districts upon request. Daily records shall be maintained in a format approved by the Executive Officer and include, at a minimum, all of the following: (1) portable engine or equipment unit registration number; (2) month, day and year; (3) the location(s) at which the portable engine or equipment unit was operated, identified by district, county, or specific location(s); (4) for equipment units, the total process weight or throughput; (5) for engines that are subject to hours of operation limitations, actual hours of operation; and (6) for engines that are subject to fuel use limitations, total fuel used in gallons: (A) for engines initially registering on or after September 1, 2005, daily fuel consumption shall be measured by fuel flow meter; and (B) for engines initially registering prior to September 1, 2005, daily fuel consumption shall be measured either by fuel flow meter, fuel tank stick test, or by fuel purchase records. If fuel purchase records or a stick test is used, the operator shall record the average operating load of the engine or use the approved operating load default factors, and the calculation approved by the Executive Officer to determine the daily fuel use for the engine. The stick test shall be performed prior to the start of and after the shutdown of operations on any given day to determine the amount of fuel used on that day. For an engine that operates on a 24-hour basis, the stick test shall be performed once at the same time each day of uninterrupted operation, and then compared to the previous day's test to calculate daily fuel use. (c) The owner of a registered portable engine owned by a rental business and designated for the purpose of renting, shall maintain records for each transaction. The owner shall provide each person who rents the portable engine with a written copy of applicable requirements of this article, including recordkeeping and notification requirements, as a part of the agreement. The records, including written acknowledgment by each renter of the portable engine of having received the above information, shall be maintained at a central location for five years, and made accessible to the Executive Officer or districts upon request. Records shall be maintained in a format approved by the Executive Officer and include, at a minimum, for each registered portable engine all of the following: (1) portable engine registration number; (2) dates portable engine left and returned to a rental yard; and (3) hours of operation for each rental period. (d) For TSE, each military installation shall provide the Executive Officer an annual report, in a format approved by the Executive Officer, within 60 days after the end of each calendar year. The report shall include the number, type, and rating of registered TSE at each installation as of December 31 of that calendar year, and be accompanied by the applicable fees pursuant to section 2461. Any variation of registered TSE to actual TSE shall be accounted for in this annual report, and the Executive Officer shall issue an updated TSE list accordingly. A renewal registration will be issued with the updated TSE list every three years according to expiration date. (e) For generators used to provide power to a building, facility, stationary source, or stationary equipment during unforeseen interruptions of electrical power from the serving utility or during electrical upgrades, the owner or operator shall maintain a daily record that shall include the following: (1) location; (2) month, day, and year of operation; and (3) hours of operation. (f) For each engine subject to the requirements of Title 13 California Code of Regulations section 93116, the owner shall keep records and submit reports in accordance with Title 13 California Code of Regulations section 93116.4. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2459. Notification. (a) Except as listed in sub-section (f) of this section, if a registered portable engine or equipment unit will be in a district for more than five days, the owner or operator or renter (except as noted in (c) below), shall notify the district in writing, via facsimile, electronic mail, or by telephone, within two working days of commencing operations in that district. The notification shall include all of the following: (1) the registration number of the portable engine or equipment unit; (2) the name and phone number of the responsible official with information concerning the locations where the portable engine or equipment unit will be operated within the district; and (3) estimated time the portable engine or equipment unit will be located in the district. (b) If the district has not been notified as required in paragraph (a), because the owner or operator did not expect the duration of operation in the district to trigger the notification requirement, the owner or operator or renter (except as noted in (c) below), shall notify the district within 12 hours of determining the portable engine or equipment unit will be operating in the district more than five days. (c) Except as listed in sub-section (f) of this section, owners and operators of registered portable engines rated less than 200 brake horsepower and designated by the Executive Officer for rental use by a rental business are not subject to notification requirements. (d) Owners and operators of TSE are not subject to notification requirements. (e) Except as listed in sub-section (f) of this section, owners and operators of registered portable engines or equipment units moving into the designated home district are not subject to notification requirements, providing the home district is identified at the time of registration. (f) For STW projects, the owner and/or operator of such equipment shall notify the corresponding onshore district in writing, via facsimile, or by telephone, at least 14 days in advance of commencing operations in that district. The notification shall include all of the following: (1) the registration number of the portable engine(s) or equipment unit(s); (2) the name and phone number of the responsible official with information concerning the locations where the portable engine(s) or equipment unit(s) will be operated within the district; (3) estimated time the portable engine(s) or equipment unit(s) will be located in the district; and (4) estimation of actual emissions expected for the project. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2460. Testing. (a) In determining if a portable engine or equipment unit is eligible for registration, the Executive Officer may inspect a portable engine or equipment unit and/or require a source test, at the owner's expense, in order to verify information submitted in the application except as provided in section 2460(d). (b) After issuance of registration, the Executive Officer or district may at any time conduct an inspection of any registered portable engine or equipment unit in order to verify compliance with the requirements of this article. However, source testing of engines for compliance purposes shall not be required more frequently than once every three years (including testing at the time of registration), except as provided in section 2460(d), unless evidence of engine tampering, lack of proper engine maintenance, or other problems or operating conditions that could affect engine emissions are identified. In no event shall the Executive Officer or district require source testing of a portable engine for which there is no applicable emission standard, emission limit or other emission related requirement contained in this regulation. (c) Testing shall be conducted in accordance with the following methods or other methods approved by the Executive Officer: Particulate Matter: ARB Test Method 5 with probe catch and filter catch only VOC: ARB Test Method 100 or U.S. EPA Test Method 25A NOx: ARB Test Method 100 or U.S. EPA Test Method 7E Carbon Monoxide: ARB Test Method 100 or U.S. EPA Test Method 10 Oxygen: ARB Test Method 100 or U.S. EPA Test Method 3A Gas Velocity and Flow Rate: ARB Test Method 1 & 2 or U.S. EPA Test Method 1 & 2 (d) Initial or follow-up source testing of engines to verify compliance with the requirements of this regulation shall not be required for the following: (1) engines certified to satisfy the most stringent emissions standards for the applicable horsepower range specified for State or federal newly-manufactured engines pursuant to Title 13 of the California Code of Regulations, 40 CFR Part 86, or 40 CFR Part 89; or (2) engines certified to meet the most stringent emissions standards for the applicable horsepower range specified for State or federal on-highway engines pursuant to Title 13 of the California Code of Regulations; or (3) engines that are retrofitted to meet the most stringent emissions standards for the applicable horsepower range specified for State or federal newly-manufactured engines pursuant to Title 13 of the California Code of Regulations or 40 CFR Part 89, where the retrofit kit has undergone testing consistent with the applicable certification procedures. (e) The exemption provided in section 2460(d) shall not apply to source testing of engines for compliance purposes where evidence of engine tampering, lack of proper engine maintenance, or other problems or operating conditions that could affect engine emissions are identified. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2461. Fees. (a) The Executive Officer shall assess and collect reasonable fees for registration, renewal, and associated administrative tasks, to recover the estimated costs to the Executive Officer for evaluating registration applications, and issuing registration documentation. (b) Fees shall be due and payable to the Executive Officer at the time an application is filed or as part of any request requiring a fee. Fees are nonrefundable except in circumstances as determined by the Executive Officer. (c) The owner or operator of a portable engine or equipment unit shall submit fees to the Executive Officer in accordance with Table 2. Until December 31, 2005, new program participants shall pay an increased registration fee in accordance with Table 2. This increased fee shall not apply to agricultural sources or new program participants who have lost permit exemption due to the lowering of the maximum rated horsepower (bhp) permit requirement threshold. (d) Prior to switching from non-operational to operational status, the owner or operator shall pay the applicable fee as listed in Table 2. The Executive Officer shall verify that the portable engine or equipment unit meets the requirements of this article prior to operation of the portable engine or equipment unit. (e) A district may collect an enforcement inspection fee as listed in Table 2 one time per calendar year for each registered portable engine or equipment unit inspected. When multiple registered portable engines or equipment units are inspected at a given source or location, the district inspection fee shall be equal to the lesser of the actual cost, including staff time, for conducting the inspection or the fee as listed in Table 2 per registered portable engine or equipment unit inspected. If the district performs an inspection leading to determination of non-compliance with this article, or any applicable state or federal requirements, the district may charge a fee as listed in Table 2 per portable engine or equipment unit for each inspection necessary for the determination and ultimate resolution of the violation. In no event shall the total fees exceed the actual costs, including staff time, to the district of conducting the investigations and resolving any violations. (f) Failure to pay renewal fees when due shall result in penalties. If a fee payment is not received or postmarked by the specified due date, fee penalties shall be assessed per unit in accordance with Table 2. Failure to pay renewal fees prior to expiration shall result in cancellation of the registration. If a registration has expired for an engine or equipment unit that is eligible for reinstatement, a canceled registration may be reinstated after payment of all renewal and penalty fees. Registration shall be reissued under the original registration number and expiration date. A portable engine or equipment unit without valid registration is subject to the rules and regulations of the district in which it operates. (g) Fees shall be periodically revised by the Executive Officer in accordance with the consumer price index, as published by the United States Bureau of Labor Statistics. (h) In lieu of section 2461(e) above, a district may collect a fee, in an amount to be assessed by the district, for costs associated with implementing and enforcing the requirements of 40 CFR Part 60 Subpart OOO for each registered equipment unit subject to Subpart OOO. In no event shall the fee assessed exceed the actual costs, including staff time, to the district for implementing and enforcing Subpart OOO. If for reasonable cause, the district performs an inspection leading to determination of non-compliance with this article, or any applicable state or federal requirements, the district may charge a fee per portable equipment unit for each inspection necessary for the determination and ultimate resolution of the violation. In no event shall the total fees exceed the actual costs, including staff time, to the district of conducting the investigations and resolving any violations. (i) TSE fees are due at the time of the report pursuant to section 2458(d). Failure to submit the annual report and applicable fees within six calendar months after the end of the year will result in cancellation of the registration. For TSE, if registration is cancelled or allowed to expire, the applicant shall reapply and pay initial registration fees. Table 2. Fees for Statewide Registration Program (Fees are per registered unit except where noted otherwise) 1 Initial Registration a existing program participants until 12/31/05; all applicants thereafter (3 year cycle) $270.00 b existing program participants until 12/31/05; all applicants thereafter (5 year cycle) $450.00 c new program participants until 12/31/05, except applicants that lost permit exemption (3 year cycle) $370.00 d new program participants until 12/31/05, except applicants that lost permit exemption (5 year cycle) $550.00 2 Tactical support equipment, initial registration a Registration of first 25 units (or portion thereof) $750.00 b Registration of every additional 50 units (or portion thereof) $750.00 3 Change of status from non-operational to operational a Where initial evaluation has not been previously completed $180.00 b Where initial evaluation has been previously completed $90.00 4 Identical replacement $75.00 5 Renewal, non-TSE a Every 3 years $225.00 b Every 5 years $375.00 6 Penalty fee for late renewal payments, non-TSE a Postmarked within 2 calendar months prior to registration expiration date $45.00 b Postmarked within the calendar month prior to registration expiration date $90.00 c Postmarked after the registration expiration date $250.00 7 Annual TSE inventory fee a first 25 units (or portion thereof) $375.00 b every additional 50 units (or portion thereof) $375.00 8 Modification to registered portable engine or equipment unit $75.00 9 Change of ownership $75.00 10 Replacement of registration identification device $30.00 11 Correction to an engine or equipment unit description $45.00 12 Update company information, copy of registration documents $45.00 13 Copy of registration documents $45.00 14 District inspection fee per registered portable engine or equipment unit inspected $75.00 Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2462. Duration of Registration. (a) Except as provided for in section 2456(d)(6), registrations and renewals will be valid for either three or five consecutive years from date of issuance. A new program participant must choose either the three year or five year duration period for all current and future registrations at the time of initial application submittal. An existing program participant may choose to convert to the five year duration period for all registrations which shall be reissued upon renewal only. The existing program participant shall submit a written request for this conversion. For change of ownership, the registration shall retain the original expiration date and upon renewal shall be converted to the duration period chosen by the new owner, if different than the duration period of the previous owner. Once a registration duration period is chosen by a program participant, it shall not be changed. (b) The Executive Officer shall mail to the owner or operator of a registered portable engine or equipment unit a renewal invoice at least 60 days prior to the registration expiration. Failure to send or receive a renewal invoice does not relieve the responsible official from paying all applicable fees when due. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2463. Suspension or Revocation of Registration. (a) The Executive Officer for just cause may suspend or revoke registration in any of the following circumstances: (1) the holder of registration has violated one or more terms and conditions of registration or has refused to comply with any of the requirements of this article; (2) the holder of registration has materially misrepresented the meaning, findings, effect or any other material aspect of the registration application, including submitting false or incomplete information in its application for registration regardless of the holder's personal knowledge of the falsity or incompleteness of the information; (3) the test data submitted by the holder of registration to show compliance with this regulation have been found to be inaccurate or invalid; (4) enforcement officers of the ARB or the Districts, after presentation of proper credentials, have been denied access, during normal business hours or hours of operation, to any facility or location where registered portable engines and equipment units are operated or stored and are prevented from inspecting such engines or equipment units as provided for in this article (the duty to provide access applies whether or not the holder of registration owns or controls the facility or location in question); (5) enforcement officers of the ARB or the Districts, after presentation of proper credentials, have been denied access to any records required by this regulation for the purpose of inspection and duplication; (6) the registered portable engine or equipment unit has failed in-use to comply with the findings set forth in the registration. For the purposes of this section, noncompliance with the registration may include, but is not limited to: (A) a repeated failure to perform to the standards set forth in this article; or (B) modification of the engine or equipment unit that results in an increase in emissions or changes the efficiency or operating conditions of such engine or equipment unit, without prior notice to and approval by the Executive Officer; or (7) the holder of registration has failed to take requested corrective action as set forth in a Notice of Violation or Notice to Comply within the time period set forth in such notice. (b) A registration holder may be subject to a suspension or revocation action pursuant to this section based upon the actions of an agent, employee, licensee, or other authorized representative. (c) The Executive Officer shall notify each holder of registration by certified mail of any action taken by the Executive Officer to suspend or revoke any registration granted under this article. The notice shall set forth the reasons for and evidence supporting the action(s) taken. A suspension or revocation is effective upon receipt of the notification. (d) A party having received a notice to revoke or suspend registration may request that the action be stayed pending a hearing under section 2464. In determining whether to grant the stay, the Executive Officer shall consider the reasonable likelihood that the registration holder will prevail on the merits of the appeal and the harm the registration holder will likely suffer if the stay is not granted. The Executive Officer shall deny the stay if the adverse effects of the stay on the public health, safety, and welfare outweigh the harm to the registration holder if the stay is not granted. (e) Once a registration has been suspended pursuant to (a) above, the holder of registration shall satisfy and correct all noted reasons for the suspension and submit a written report to the Executive Officer advising him or her of all such steps taken by the holder before the Executive Officer will consider reinstating the registration. (f) After the Executive Officer suspends or revokes a registration pursuant to this section and prior to commencement of a hearing under section 2464, if the holder of registration demonstrates to the Executive Officer's satisfaction that the decision to suspend or revoke the registration was based on erroneous information, the Executive Officer will reinstate the registration. (g) Nothing in this section shall prohibit the Executive Officer from taking any other action provided for by law for violations of the Health and Safety Code. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2464. Appeals. (a) Hearing Procedures (1) Any applicant for, or a holder of, registration whose application or registration has been denied, suspended, or revoked may request a hearing to review the action taken by sending a request in writing to the Executive Officer. A request for hearing shall include, at a minimum, the following: (A) name of applicant or registration holder; (B) registration number; (C) copy of the Executive Order revoking or suspending registration or the written notification of denial; (D) a concise statement of the issues to be raised, with supporting facts, setting forth the basis for challenging the denial, suspension, or revocation (mere conclusory allegations will not suffice); (E) a brief summary of evidence in support of the statement of facts required in (D) above; and (F) the signature of an authorized person requesting the hearing. (2) A request for a hearing shall be filed within 20 days from the date of issuance of the notice of the denial, suspension, or revocation. (3) A hearing requested pursuant to this section shall be heard by a qualified and impartial hearing officer appointed by the Executive Officer. The hearing officer may be an employee of the ARB, but may not be any employee who was involved with the registration at issue. In a request for a hearing of a denial of registration, after reviewing the request for a hearing and supporting documentation provided under subsection (1) above, the hearing officer shall grant the request for a hearing if he or she finds that the request raises a genuine and substantial question of law or fact. (4) Except as provided in (3) above, the hearing officer shall schedule and hold, as soon as practicable, a hearing at a time and place determined by the hearing officer. (5) Upon appointment, the hearing officer shall establish a hearing file. The file shall consist of the following: (A) the determination issued by the Executive Officer which is the subject of the request for hearing; (B) the request for hearing and the supporting documents that are submitted with it; (C) all documents relating to and relied upon in making the determination to deny registration or to suspend or revoke registration; and (D) correspondence and other documents material to the hearing. (6) The hearing file shall be available for inspection by the applicant at the office of the hearing officer. (7) An applicant may appear in person or may be represented by counsel or by any other duly-authorized representative. (8) The ARB may be represented by staff or counsel familiar with the registration program and may present rebuttal evidence. (9) Technical rules of evidence shall not apply to the hearing, except that relevant evidence may be admitted and given probative effect only if it is the kind of evidence upon which reasonable persons are accustomed to relying in the conduct of serious affairs. No action shall be overturned based solely on hearsay evidence, unless the hearsay evidence would be admissible in a court of law under a legally recognized exception to the hearsay rule. (10) The hearing shall be recorded either electronically or by a certified shorthand reporter. (11) If a hearing is held, the hearing officer shall render a written decision within 30 working days from the last day of hearing. The hearing officer may do any of the following: (A) uphold the denial, suspension, or revocation action as issued; (B) reduce a revocation to a suspension; (C) increase a suspension to a revocation if the registration holder's conduct so warrants; and (D) overturn a denial, suspension, or revocation in its entirety. (12) The hearing officer shall consider the totality of the circumstances of the denial, suspension, or revocation, including but not limited to credibility of witnesses, authenticity and reliability of documents, and qualifications of experts. The hearing officer may also consider relevant past conduct of the applicant including any prior incidents involving other ARB programs. (13) The hearing officer's written decision shall set forth findings of fact and conclusions of law as necessary. (b) Hearing conducted by written submission. (1) In lieu of the hearing procedure set forth in (a) above, an applicant may request that the hearing be conducted solely by written submission. (2) In such case the requestor must submit a written explanation of the basis for the appeal and provide supporting documents within 20 days of making the request. Subsequent to such a submission the following shall transpire: (A) ARB staff shall submit a written response to the requestors submission and documents in support of the Executive Officer's action no later than 10 days after receipt of requestor's submission; (B) The registration holder may submit one rebuttal statement which may include supporting information, as attachment(s), but limited to the issues previously raised; (C) If the registration holder submits a rebuttal, ARB staff may submit one rebuttal statement which may include supporting information, as attachment(s), but limited to the issues previously raised; and (D) the hearing officer shall be designated in the same manner as set forth in (a)(3) above. The hearing officer shall receive all statements and documents and render a written decision. The hearing officer's decision shall be mailed to the requestor no later than 30 working days after the final deadline for submission of papers. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2465. Penalties. Violation of the provisions of this article result in a nuisance, civil, and/or criminal violations pursuant to the California Health and Safety Code. Note: Authority cited: Sections 39600, 39601, 41752, 41753, 41754, 41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 41750, 41751, 41752, 41753, 41754 and 41755, Health and Safety Code. s 2466. Sunset Review. Note: Authority cited: Sections 39600-39601, 41752-41755, 43013(b) and 43018, Health and Safety Code. Reference: Sections 39600, 39601 and 41750, Health and Safety Code. s 2467. Applicability. (a) Except as provided in Section 2467.3, this article applies to any person who sells, supplies, offers for sale, advertises or manufactures for sale in California portable fuel containers or spouts or both portable fuel containers and spouts for use in California. (b) Except as provided by Section 2467.3, no person shall sell, supply, offer for sale, advertise, or manufacture for sale in California a portable fuel container or spout or both portable fuel container and spout on or after July 1, 2007 unless said portable fuel container or spout or both portable fuel container and spout is covered by an Executive Order issued pursuant to this article. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.1. Definitions. (a) The definitions in Section 1900(b), Title 13 of the California Code of Regulations apply with the following additions: (1) "ASTM" means the American Society for Testing and Materials. (2) "Automatic closure" means a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel. (3) "Automatically close" means a closure occurs through the activation of a device or mechanism that causes a spill-proof system or spout to close, seal, and remain completely closed when not dispensing fuel. (4) "Consumer" means the first person who in good faith purchases a new portable fuel container or spout or both portable fuel container and spout for purposes other than resale, including but not limited to personal, family, household, or institutional use. (5) "Distributor" means any person to whom a portable fuel container or spout or both portable fuel container and spout is sold or supplied for the purposes of resale or distribution in commerce. Manufacturers, retailers, and consumers are not distributors. (6) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her designee. (7) "Fuel" means all fuels subject to any provision of Title 13, California Code of Regulations, Chapter 5, Standards for Motor Vehicle Fuels, Sections 2250-2298, except for Sections 2292.5, 2292.6, and 2292.7. (8) "Kerosene" means any light petroleum distillate that is commonly or commercially known, sold or represented as kerosene, that is used in space heating, cook stoves, and water heaters, and is suitable for use as a light source when burned in wick-fed lamps. (9) "Manufacturer" means any person who imports, manufactures, assembles, packages, repackages, or re-labels a portable fuel container or spout or both portable fuel container and spout. (10) "Nominal Capacity" means the volume indicated by the manufacturer that represents the maximum recommended filling level. (11) "Outboard Engine" means a spark-ignition marine engine that, when properly mounted on a marine water-craft in the position to operate, houses the engine and drive unit external to the hull of the marine water-craft. (12) "Permeation" means the process by which individual fuel molecules may penetrate the walls and various assembly components of a portable fuel container directly to the outside ambient air. (13) "Person" has the same meaning as defined in Health and Safety Code Section 39047. (14) "Portable Fuel Container" means any container or vessel with a nominal capacity of ten gallons or less intended for reuse that is designed, used, sold, advertised or offered for sale for receiving, transporting, storing, and dispensing fuel or kerosene. Portable fuel containers do not include containers or vessels permanently embossed or permanently labeled, as described in 49 Code of Federal Regulations Section 172.407(a), as it existed on September 15, 2005, with language indicating said containers or vessels are solely intended for use with non-fuel or non-kerosene products. (15) "Product Category" means the applicable category that best describes the product with respect to its nominal capacity, material construction, fuel flow rate, and permeation rate, as applicable, as determined by the Executive Officer. (16) "Retailer" means any person who owns, leases, operates, controls, or supervises a retail outlet. (17) "Retail Outlet" means any establishment at which portable fuel containers or spouts or both portable fuel containers and spouts are sold, supplied, or offered for sale. (18) "ROG" (Reactive Organic Gas) means a reactive chemical gas, composed of hydrocarbons, that may contribute to the formation of smog. ROG is sometimes referred to as Non-Methane Organic Compounds (NMOC's). (19) "Spill Proof Spout" means any spout that complies with all of the performance standards specified in Section 2467.2(b) or with the certification requirement in Section 2467.2(c) and with the requirements in Section 2467.5. (20) "Spill-Proof System" means any configuration of portable fuel container and firmly attached spout that complies with all of the performance standards in Section 2467.2(a) or with the certification requirement in Section 2467.2(c) and with the requirements in Section 2467.5. (21) "Spout" means any device that can be firmly attached to a portable fuel container for conducting pouring through which the contents of a portable fuel container can be dispensed, not including a device that can be used to lengthen the spout to accommodate necessary applications. (22) "Target Fuel Tank" means any receptacle that receives fuel from a portable fuel container. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.2. Performance Standards and Test Procedures for Portable Fuel Containers and Spill-Proof Spouts. (a) Except as provided in Section 2467.3, during the time period beginning 30 days after the date of filing of this subsection with the Secretary of State, and ending June 30, 2007, no person shall sell, supply, offer for sale, or manufacture for sale in California any portable fuel container or any portable fuel container and spout which, at the time of sale or manufacture, does not meet all of the following Performance Standards for Spill-Proof systems: (1) An automatic shut-off stops the fuel flow before the target fuel tank overflows. (2) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not dispensing fuel. (3) Has only one opening for both filling and pouring. (4) Does not exceed a permeation rate of 0.4 grams per gallon per day. (5) Warranted for a period of not less than one year against defects in materials and workmanship. (b) Except as provided in Section 2467.3, during the time period beginning 30 days after the date of filing of this subsection with the Secretary of State, and ending June 30, 2007, no person shall sell, supply, offer for sale, or manufacture for sale in California any spout which, at the time of sale or manufacture, does not meet all of the following Performance Standards for Spill-Proof Spouts: (1) An automatic shut-off stops the fuel flow before the target fuel tank overflows. (2) Automatically closes and seals when removed from the target fuel tank and remains completely closed when not dispensing fuel. (3) Warranted for a period of not less than one year against defects in materials and workmanship. (c) Except as provided in Section 2467.3, every portable fuel container, spout, or portable fuel container and spout produced on or after July 1, 2007 that is manufactured for sale, advertised for sale, sold, or offered for sale in California or that is introduced, delivered or imported into California for introduction into commerce and that is subject to any of the standards prescribed in this article and documents incorporated by reference therein, must be certified for use and sale by the manufacturer through the Air Resources Board and covered by an Executive Order issued pursuant to Section 2467.2(d). (d) The criteria for obtaining certification, including all test procedures for determining certification and compliance with the standards applicable to portable fuel containers, spouts, or portable fuel containers and spouts produced on or after July 1, 2007 that are manufactured for sale, advertised for sale, sold, or offered for sale in California, or that are introduced, delivered or imported into California for introduction into commerce and that are subject to any of the standards prescribed in this article and documents incorporated by reference therein are set forth in "CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts," adopted July 26, 2006, which is incorporated by reference herein. (e) The Executive Officer shall coordinate compliance procedures with these Performance and Certification and Compliance Standards with: (1) California State Fire Marshal (SFM) (2) California Department of Industrial Relations, Division of Occupational Safety and Health (DOSH) (f) Compliance with the Performance Certification or Compliance Standards in this Section does not exempt spill-proof systems or spill-proof spouts from compliance with other applicable federal and state statutes and regulations such as state fire codes, safety codes, and other safety regulations, nor will the Air Resources Board test for or determine compliance with such other statutes or regulations. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.3. Exemptions. (a) This Article does not apply to any portable fuel container or spout or both portable fuel container and spout manufactured in California for shipment, sale, and use outside of California. (b) This article does not apply to a manufacturer or distributor who sells, supplies, or offers for sale in California a portable fuel container or spout or both portable fuel container and spout that does not comply with the Performance Standards specified in Sections 2467.2(a) or (b), or the Certification and Compliance Standards specified in Section 2467.2(d), as long as the manufacturer or distributor can demonstrate that: (1) the portable fuel container or spout or both portable fuel container and spout is intended for shipment and use outside of California; and (2) that the manufacturer or distributor has taken reasonable prudent precautions to assure that the portable fuel container or spout or both portable fuel container and spout is not distributed to California. This subsection (b) does not apply to portable fuel containers or spouts or both portable fuel containers and spouts that are sold, supplied, or offered for sale by any person to retail outlets in California. (c) This Article does not apply to safety cans meeting the requirements of Title 29, Code of Federal Regulations Part 1926, Subpart F (s 1926.150 et seq.). (d) This Article does not apply to portable fuel containers with a nominal capacity less than or equal to one quart. (e) This Article does not apply to rapid refueling devices with nominal capacities greater than or equal to four gallons, provided such devices are designed for use in officially sanctioned off-highway motor sports such as car racing or motorcycle competitions and either create a leak-proof seal against a stock target fuel tank or are designed to operate in conjunction with a receiver permanently installed on the target fuel tank. (f) This Article does not apply to portable fuel tanks manufactured specifically to deliver fuel through a hose attached between the portable fuel tank and the outboard engine for the purpose of operating the outboard engine. (g) This Article does not apply to closed-system portable fuel containers that are used exclusively for fueling remote control model airplanes. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.4. Innovative Products. (a) The Executive Officer may exempt a portable fuel container or spout or both portable fuel container and spout from one or more of the requirements of Section 2467.2 if a manufacturer demonstrates by clear and convincing evidence that, due to the product's design, delivery system, or other factors, the use of the product will result in cumulative ROG emissions below the highest emitting representative spill-proof system or representative spill-proof spout in its product category as determined from applicable testing. (b) For the purposes of this Section, "representative spill-proof system" or a "representative spill-proof spout" means a portable fuel container or spout or both portable fuel container and spout which, at the time of application in (c) of this Section, meets the Performance Standards specified in Sections 2467.2(a) or (b) or the Certification Requirements specified in "CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts, adopted July 26, 2006," which is incorporated by reference herein. (c) A manufacturer (applicant) must apply in writing to the Executive Officer for an innovative product exemption claimed under subsection (a). The application must include the supporting documentation that quantifies the emissions from the innovative product, including the actual physical test methods used to generate the data. In addition, the applicant must provide any information necessary to enable the Executive Officer to establish enforceable conditions for granting the exemption. All information including proprietary data submitted by a manufacturer pursuant to this section shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. (d) Within 30 days of receipt of the exemption application the Executive Officer shall determine whether an application is complete as provided in section 60030(a), Title 17, California Code of Regulations. (e) Within 90 days after an application has been deemed complete, the Executive Officer will determine whether, under what conditions, and to what extent, an exemption from the requirements of Sections 2467.2 will be permitted. The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision. An applicant may submit additional supporting documentation before a decision has been reached. The Executive Officer will notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from use of the product will meet the emissions reductions specified in subsection (a), and that such emissions reductions can be enforced. (f) In granting an innovative product exemption for a portable fuel container or spout or both portable fuel container and spout, the Executive Officer shall specify the test methods for determining conformance to the conditions established. The test methods may include criteria for reproducibility, accuracy, and sampling and laboratory procedures. (g) For any portable fuel container or spout or both portable fuel container and spout for which an innovative product exemption has been granted pursuant to this section, the manufacturer shall notify the Executive Officer in writing at least 30 days before the manufacturer changes a product's design, delivery system, or other factors that may effect the ROG emissions during recommended usage. The manufacturer must also notify the Executive Officer within 30 days after the manufacturer learns of any information that would alter the emissions estimates submitted to the Executive Officer in support of the exemption application. (h) If the Performance Standards specified in Section 2467.2 are amended for a product category, all innovative product exemptions granted for products in the product category, except as provided in this subsection (i), have no force and effect as of the effective date of the amended Performance Standards. (i) If the Executive Officer believes that a portable fuel container or spout or both portable fuel container and spout for which an exemption has been granted no longer meets the criteria for an innovative product specified in subsection (a), the Executive Officer may hold a public hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1.25, to determine if the exemption should be modified or revoked. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.5. Administrative Requirements. (a) Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with Section 2467.2(a) must clearly display on each spill-proof system: (1) the phrase "Spill-Proof System"; (2) a date of manufacture or representative date; and (3) a representative code identifying the portable fuel container or portable fuel container and spout as subject to and complying with Section 2467.2(a). (b) Each manufacturer of a spout subject to and complying with Section 2467.2(b) must clearly display on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto: (1) the phrase "Spill-Proof Spout"; (2) a date of manufacture or representative date; and (3) a representative code identifying the spout as subject to and complying with Section 2467.2(b). (c) Each manufacturer of a portable fuel container or portable fuel container and spout subject to and complying with Section 2467.2(c) must clearly display on each spill-proof system: (1) the phrase "Spill-Proof System"; (2) a date of manufacture or representative date; and (3) a representative code identifying the Executive Order Number issued by the Air Resources Board for the portable fuel container or portable fuel container and spout. (d) Each manufacturer of a spout subject to and complying with Section 2467.2(c) must clearly display on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout or a label affixed thereto: (1) the phrase "Spill-Proof Spout"; (2) a date of manufacture or representative date; and (3) a representative code identifying the Executive Order Number issued by the Air Resources Board for the spout. (e) Each manufacturer subject to subsection (a), (b), (c) or (d) must file an explanation of both the date code and representative code with the Executive Officer no later than the later of three months after the effective date of this article or within three months of production, and within three months after any change in coding. (f) Each manufacturer of a spout subject to subsection (b) or (d) must clearly display the make, model number, and size of only those portable fuel container(s) the spout is designed to accommodate and can demonstrate compliance with Section 2467.2(a) or 2467.2(c) on the accompanying package, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label affixed thereto. (g) Manufacturers of portable fuel containers or portable fuel containers and spouts not subject to or not in compliance with Section 2467.2 may not display the phrase "Spill-Proof System" or "Spill-Proof Spout" on the portable fuel container or spout, respectively, on any sticker or label affixed thereto, or on any accompanying package. (h) Each manufacturer of a portable fuel container or spout or both portable fuel container and spout subject to and complying with Section 2467.2 that due to its design or other features cannot be used to refuel one or more on-road motor vehicles must clearly display the phrase "Not Intended For Refueling On-Road Motor Vehicles" in type of 34 point or greater on each: (1) spill-proof system or label affixed thereto, and on the accompanying package, if any; and (2) package accompanying a spill-proof spout sold separately from a spill-proof system, or for spill-proof spouts sold without packaging, on either the spill-proof spout, or a label affixed thereto. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.6. Variances. (a) Any person or manufacturer who cannot comply with the requirements set forth in Section 2467.2, due to extraordinary reasons beyond the person's reasonable control, may apply in writing to the Executive Officer for a variance. The variance application must set forth: (1) the specific grounds upon which the variance is sought; (2) the proposed date(s) by which compliance with the provisions of Section 2467.2 will be achieved; and (3) a compliance report reasonably detailing the method(s) by which compliance will be achieved. (b) Upon receiving a complete variance application containing the information required in subsection (a), the Executive Officer shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance from the requirements in Section 2467.2 is necessary and will be permitted. A hearing will be initiated no later than 75 days after receipt of a complete variance application. Notice of the time and place of the hearing must be sent to the applicant by certified mail not less than 30 days before to the hearing. Notice of the hearing must also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such a notice, not less than 30 days before the hearing. The notice must state that the parties may, but not need to be, represented by counsel at the hearing. At least 30 days before the hearing, the variance application must be made available to the public for inspection. Interested members of the public must be allowed a reasonable opportunity to testify at the hearing and their testimony must be considered. (c) No variance may be granted unless all of the following findings are made: (1) that, due to reasons beyond the reasonable control of the applicant, required compliance with Section 2467.2 would result in extraordinary economic hardship; (2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; and (3) that the compliance report proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible. (d) Any variance order shall specify a final compliance date by which the requirements of Section 2467.2 will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (e) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance. (f) Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from requirements of Section 2467.2 after holding a public hearing in accordance with the provisions of subsection (b). Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.7. Performance Standard Test Procedures. (a) Testing to determine compliance with Section 2467.2(b) of this article shall be performed by using the following test procedures: (1) "Test Method 510, Automatic Shut-Off Test Procedure For Spill-Proof Systems And Spill-Proof Spouts," adopted July 6, 2000, (section numbers corrected September 13, 2000), as amended July 26, 2006, which is incorporated by reference herein. (2) "Test Method 511, Automatic Closure Test Procedure For Spill-Proof Systems And Spill-Proof Spouts," adopted July 6, 2000, (section numbers corrected September 13, 2000), which is incorporated by reference herein. (b) Testing to determine compliance with Section 2467.2(a) of this article shall be performed by using all test procedures in (a) above and the following test procedure: (1) "Test Method 513, Determination Of Permeation Rate For Spill-Proof Systems," adopted July 6, 2000, (section numbers corrected September 13, 2000), which is incorporated by reference herein. (c) Alternative methods that are shown to be accurate, precise, and appropriate may be used upon written approval of the Executive Officer. (d) Test procedures referred to in this Article can be obtained from the California Air Resources Board, and may be available at http://www.arb.ca.gov. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.8. Certification and Compliance Test Procedures. (a) Testing to determine compliance with Section 2467.2(c) of this article shall be performed by using the test procedures specified in "CP-501, Certification Procedure for Portable Fuel Containers and Spill-Proof Spouts," adopted July 26, 2006, which is incorporated by reference herein. (b) Alternative methods that are shown to be accurate, precise, and appropriate may be used upon written approval of the Executive Officer. (c) Test procedures referred to in this Article can be obtained from the California Air Resources Board, and may be available at http://www.arb.ca.gov. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2467.9. Enforcement. (a) If the Executive Officer finds any manufacturer, distributor, or retailer manufacturing for sale, advertising for sale, selling, or offering for sale in the State of California a portable fuel container or spout or both portable fuel container and spout that does not comply with the requirements set forth in this article, he or she may enjoin said manufacturer, distributor, or retailer from any further manufacture, advertisement, sales, offers for sale, or distribution of such noncompliant portable fuel containers or spouts or both portable fuel containers and spouts, in the State of California pursuant to Section 43017 of the Health and Safety Code. The Executive Officer may also assess penalties to the extent permissible under Part 5, Division 26 of the Health and Safety Code and/or revoke any Executive Order(s) issued for the noncompliant portable fuel container, spout or both portable fuel container and spout. (b) Before seeking remedial action against any manufacturer, distributor, or retailer the Executive Officer will consider any information provided by the manufacturer, distributor, or retailer. Note: Authority cited: Sections 39600, 39601, 43013, 43018 and 43101, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). Reference: Sections 39000, 39001, 39003, 39500, 39515, 39516, 41511, 43000, 43013, 43016, 43017 and 43018, Health and Safety Code; and Western Oil and Gas Ass'n. v. Orange County Pollution Control District, 14 Cal.3d 411, 121 Cal.Rptr. 249 (1975). s 2470. Applicability. This article shall apply to all aftermarket parts which are sold, offered for sale, or advertised for sale for use on off-road vehicles, engines, or equipment which are subject to California or federal emission standards. Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code; and Sections 27156, 38390, 38391 and 38395, Vehicle Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013 and 43018, Health and Safety Code. s 2471. Definitions. (a) The definitions in Section 1900(b), Chapter 3, Title 13 of the California Code of Regulations shall apply with the following additions: (1) "All-Terrain Vehicle (ATV)" means any motorized off-highway vehicle 50 inches (1270 mm) or less in overall width, designed to travel on four low pressure tires, having a seat designed to be straddled by the operator and handlebars for steering control, and intended for use by a single operator and no passengers. The vehicle is designed to carry not more than 350 pounds (160 kg) payload, excluding the operator, and is powered by an internal combustion engine. Width shall be exclusive of accessories and optional equipment. A golf cart is not, for purposes of this regulation, to be classified as an all-terrain vehicle. (2) "Alternate Fuel" means any fuel that will reduce non-methane hydrocarbons (on a reactivity-adjusted basis), NOx, CO, and the potential risk associated with toxic air contaminants as compared to gasoline or diesel fuel and would not result in increased deterioration of the engine. Alternate fuels include, but are not limited to, methanol, ethanol, liquefied petroleum gas, compressed natural gas, and electricity. (3) "Alternative fuel" refers to liquefied petroleum gas, natural gas, alcohol, and alcohol/gasoline fuels. (4) "Alternative fuel conversion system" means a package of fuel, ignition, emission control, and engine components that are modified, removed, or added during the process of modifying a vehicle/engine/equipment to operate on an alternative fuel and to perform at an emission rate lower than or equal to the rate to which the engine family was originally certified. (5) "Alternative fuel conversion system manufacturer" refers to a person who manufactures or assembles an alternative fuel conversion system for sale in California, requests, and is granted the Executive Order certifying the conversion system. (6) "Confirmatory testing" means an ARB directed follow-up emissions test and inspection of the test engine or test vehicle that had been used by the manufacturer to obtain test data for submittal with the certification application. The emissions tests can be conducted at ARB or contracted out facilities or at the manufacturer's facility. (7) "Conventional fuel" means gasoline or diesel fuel. (8) "Diesel Cycle Engine" means a type of engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The primary means of controlling power output in a diesel cycle engine is by limiting the amount of fuel that is injected into the combustion chambers of the engine. A diesel cycle engine may be petroleum-fueled (i.e. diesel-fueled) or alternate-fueled. (9) "Driveability" of an off-road vehicle or off-road equipment means the smooth delivery of power, as demanded by the driver or operator. Typical causes of driveability degradation are rough idling, misfiring, surging, hesitation, or insufficient power. Conversion from conventional fuels to alternative fuels may entail losses of volumetric efficiency, resulting in some power loss. Such power loss is not considered to be driveability degradation. (10) "Dual fuel" refers to a conversion system which utilizes both an alternative fuel and a conventional fuel without further hardware changeover required. (11) "Emission Control System" includes any component, group of components, or engine modification that controls or causes the reduction of substances emitted from an engine. (12) "Engine Family" is a subclass of a basic engine based on similar emission characteristics. The engine family is the grouping of engines that is used for the purposes of certification. (13) "Executive Officer" means the Executive Officer of the Air Resources Board or his or her authorized representative. (14) "Exhaust Emissions" means substances emitted into the atmosphere from any opening downstream from the exhaust port of an off-road vehicle, engine, or equipment. (15) "Fuel System" means the combination of any of the following components: fuel tank, fuel pump, fuel lines, oil injection metering system, carburetor or fuel injection components, evaporative controls and all fuel system vents. (16) "Go-Kart" means any four wheeled, open framed vehicle equipped with an internal combustion engine. These vehicles are generally found at amusement parks and rented to patrons on a "pay-by-play" basis. These vehicles are generally designed for a single rider and run on a confined track. A go-kart that is not used exclusively in competition/racing events in a closed course is not a competition/racing vehicle for purposes of these regulations. (17) "Golf Cart" means a vehicle used to convey equipment and no more than two persons, including the driver, to play the game of golf in an area designated as a golf course. Golf carts are designed to have an unladen weight of less than 1,300 pounds and carry not more than 100 pounds, excluding passengers, accessories and optional equipment. A golf cart is not used for grounds keeping or maintenance purposes. (18) "Heavy-Duty Off-Road Diesel Cycle Engines" or "Engines" are identified as: diesel or alternate fuel powered diesel cycle internal combustion engines 175 horsepower and greater, operated on or in any device by which any person or property may be propelled, moved or drawn upon a highway, but are primarily used off a highway. The engines are designed for powering construction, farm, mining, forestry and industrial implements and equipment. They are designed to be used in, but are not limited to use in, the following applications: agricultural tractors, backhoes, excavators, dozers, log skidders, trenchers, motor graders, portable generators and compressors and other miscellaneous applications. Specifically excluded from this category are: (1) engines operated on or in any device used exclusively upon stationary rails or tracks; (2) engines used to propel marine vessels; (3) internal combustion engines attached to a foundation at a location; (4) transportable engines subject to District permitting rules which have been operated at a location for a period of one year or more on January 1, 1997; and (5) stationary or transportable gas turbines for power generation. (19) "Inboard Engine" means a four-stroke spark-ignition marine engine not used in a personal watercraft that is designed such that the propeller shaft penetrates the hull of the marine watercraft while the engine and the remainder of the drive unit is internal to the hull of the marine watercraft. (20) "Installer" means a person who installs alternative fuel conversion systems on off-road vehicles/engines/equipment. (21) "Marine watercraft" means every description of boat, ship or other artificial contrivance used, or capable of being operated on water. (22) "Model year" means the manufacturer's annual production period which includes January 1 of a calendar year or, if the manufacturer has no annual production period, the calendar year. (23) "Off-Highway Recreational Vehicle Engines" or "Engines" are identified as: two-stroke or four-stroke, air-cooled, liquid-cooled, gasoline, diesel, or alternate fuel powered engines or electric motors that are designed for powering off-road recreational vehicles and engines included in, but not limited to use in, the following: off-road motorcycles, all-terrain vehicles, and golf carts. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category. (24) "Off-Road Aftermarket Parts Manufacturer" means any person engaged in the manufacturing of add-on or modified parts, as defined in Section 1900(b), (1) and (10), Chapter 3, Title 13, California Code of Regulations, for off-road vehicles, engines or equipment subject to California or federal emission standards. (25) "Off-Road Engine" means any internal combustion engine or motor designed for powering off-road vehicles or off-road equipment. All engines that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category. (26) "Off-Road Large Spark-ignition Engines" or "LSI Engines" means any engine that produces a gross horsepower 25 and greater horsepower or is designed (e.g., through fueling, engine calibrations, valve timing, engine speed modifications, etc.) to produce 25 and greater horsepower. If an engine family has models at or above 25 horsepower and models below 25 horsepower, only the models at or above 25 horsepower would be considered LSI engines. The engine's operating characteristics are significantly similar to the theoretical Otto combustion cycle with the engine's primary means of controlling power output being to limit the amount of air that is throttled into the combustion chamber of the engine. LSI engines or alternate fuel powered LSI internal combustion engines are designed for powering, but not limited to powering, forklift trucks, sweepers, generators, and industrial equipment and other miscellaneous applications. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically excluded from this category. Specifically excluded from this category are: 1) engines operated on or in any device used exclusively upon stationary rails or tracks; 2) engines used to propel marine vessels; 3) internal combustion engines attached to a foundation at a location for at least 12 months; 4) off-road recreational vehicles and snowmobiles; and 5) stationary or transportable gas turbines for power generation. (27) "Off-Road Motorcycle" means any two or three-wheeled vehicle equipped with an internal combustion engine and weighing less than 1,499 pounds. An off-road motorcycle is primarily designed for use off highways. These vehicles are mainly used for recreational riding on dirt trails but are not limited to this purpose. (28) "Off-Road Vehicle" or "Off-Road Equipment" means any non-stationary device, powered by an internal combustion engine or motor, used primarily off the highways to propel, move, or draw persons or property including any device propelled, moved, or drawn exclusively by human power, and used in, but not limited to, the following applications: Marine Vessels, Construction/Farm Equipment, Locomotives, Small Off-Road Engines, Off-Road Motorcycles, and Off-Highway Recreational Vehicles. (29) "Otto Cycle Engine" means a type of engine with operating characteristics significantly similar to the theoretical Otto combustion cycle. The primary means of controlling power output in an Otto cycle engine is by limiting the amount of air and fuel which can enter the combustion chambers of the engine. As an example, gasoline-fueled engines are Otto cycle engines. (30) "Outboard engine" means a spark-ignition marine engine that, when properly mounted on a marine watercraft in the position to operate, houses the engine and drive unit external to the hull of the marine watercraft. (31) "Personal watercraft engine" means a spark-ignition marine engine that does not meet the definition of outboard engine, inboard engine or sterndrive engine, except that the Executive Officer may in his or her discretion classify a personal watercraft engine as an inboard or sterndrive engine if it is comparable in technology and emissions to an inboard or sterndrive engine. (32) "Scheduled Maintenance" means any adjustment, repair, removal, disassembly, cleaning, or replacement of components or systems required by the manufacturer which is performed on a periodic basis to prevent part failure or equipment or engine malfunction, or anticipated as necessary to correct an overt indication of malfunction or failure for which periodic maintenance is not appropriate. (33) "Small off-road engine" means any engine that produces a gross horsepower less than 25 horsepower, or is designed (e.g., through fuel feed, valve timing, etc.) to produce less than 25 horsepower, that is not used to propel a licensed on-road motor vehicle, an off-road motorcycle, an all-terrain vehicle, a marine vessel, a snowmobile, a model airplane, a model car, or a model boat. If an engine family has models below 25 horsepower and models at or above 25 horsepower, only the models under 25 horsepower would be considered small off-road engines. Uses for small off-road engines include, but are not limited to, applications such as lawn mowers, weed trimmers, chain saws, golf carts, specialty vehicles, generators and pumps. All engines and equipment that fall within the scope of the preemption of Section 209(e)(1)(A) of the Federal Clean Air Act, as amended, and as defined by regulation of the Environmental Protection Agency, are specifically not included within this category. (34) "Spark-ignition marine engine" means any engine used to propel a marine watercraft, and which utilizes the spark-ignition combustion cycle. (35) "Specialty Vehicles" means any vehicle powered by an internal combustion engine having not less than 3 wheels in contact with the ground, having an unladen weight generally less than 2,000 pounds, which is typically operated between 10 and 35 miles per hour. The recommended bed payload for specialty vehicles is usually up to 2,000 pounds. Specialty vehicles are mainly used off of highways and residential streets. Applications of such vehicles include, but are not limited to, carrying passengers, hauling light loads, grounds keeping and maintenance, resort or hotel areas, airports, etc. (36) "Sterndrive engine" means a four-stroke spark-ignition marine engine not used in a personal watercraft that is designed such that the drive unit is external to the hull of the marine watercraft, while the engine is internal to the hull of the marine watercraft. (37) "Test engine" means the engine or group of engines that a manufacturer uses during certification, production line and in-use testing to determine compliance with emission standards. (38) "Ultimate Purchaser" means the first person who in good faith purchases a replacement, add-on, or modified part for purposes other than resale. (39) "Warrantable Condition" means any condition of an engine that requires the manufacturer to take corrective action pursuant to applicable defects warranty provisions. (40) "Warranted Part" means any emissions-related part installed on an engine by the equipment or engine manufacturer, or installed in a warranty repair, which is listed on the warranty parts list. (41) "Warranty period" means the period of time, either in years or hours of operation, that the engine or part is covered by the warranty provisions. (42) "Warranty station" means a service facility authorized by the equipment or engine manufacturer to perform warranty repairs. This includes all manufacturer distribution centers that are franchised to service the subject equipment or engines. Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013 and 43018, Health and Safety Code. s 2472. Air Pollution Control and Modification Devices. (a) No person shall install, sell, offer for sale, or advertise any device, apparatus, or mechanism intended for use with, or as a part of, any required off-road vehicle, engine, or equipment pollution control device or system which alters or modifies the original design or performance of any such pollution control device or system. (b) No person shall operate or maintain in a condition of readiness for operation any off-road vehicle, engine, or equipment which is required to be equipped with a pollution control device under Part 5 (commencing with Section 43000) of Division 26 of the Health and Safety Code or with any other certified off-road vehicle, engine, or equipment pollution control device required by any other state law or any rule or regulation adopted pursuant to such law, or required to be equipped with an off-road vehicle, engine, or equipment pollution control device pursuant to the Clean Air Act (42 U.S.C.1857 et seq.) and the standards and regulations promulgated thereunder, unless it is equipped with the required off-road vehicle, engine, or equipment pollution control device which is correctly installed and in operating condition. No person shall disconnect, modify, or alter any such required device. (c) This section shall not apply to an alteration, modification, or modifying device, apparatus, or mechanism found by resolution of the State Air Resources Board to do either of the following: (1) Not to reduce the effectiveness of any required off-road vehicle, engine, or equipment pollution control device. (2) To result in emissions from any such modified or altered off-road vehicle, engine, or equipment which are at levels which comply with existing state or federal standards for that model-year of the vehicle, engine or equipment being modified or converted. Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code; and Sections 27156, 38390, 38391 and 38395, Vehicle Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013, 43017 and 43018, Health and Safety Code. s 2473. Replacement Parts. (a) Any replacement part subject to the provisions of this article shall be presumed to be in compliance with this article unless the executive officer makes a finding to the contrary pursuant to Section 2475(a). (b) The manufacturer of any replacement part subject to the provisions of this article shall maintain sufficient records, such as performance specifications, test data, or other information, to substantiate that such a replacement part is in compliance with this article. Such records shall be open for reasonable inspection by the executive officer or his/her representative. All such records shall be maintained for four years from the year of manufacture of the replacement part. The manufacturer may determine the format for maintaining such records (including, but not limited to, electronic or computer readable files, backup tapes, or magnetic media), provided the format allows the records to be readily retrieved and displayed to the executive officer. Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code. Reference: Sections 39002, 39003, 39500, 43000, 43000.5, 43013, 43017 and 43018, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 2474. Add-On Parts and Modified Parts. (a) As used in this section, the terms "advertise" and "advertisement" include, but are not limited to, any notice, announcement, information, publication, catalog, listing for sale, or other statement concerning a product or service communicated to the public for the purpose of furthering the sale of the product or service. (b) (1) Except for publishers as provided in subsection 3, no person or company doing business solely in California or advertising only in California shall advertise any device, apparatus, or mechanism which alters or modifies the original design or performance of any required off-road vehicle, engine, or equipment pollution control device or system unless such part, apparatus, or mechanism has been exempted from Vehicle Code (VC) Sections 27156, 38391 or California Code of Regulations (CCR), Title 13, Section 2472, and the limitations of the exemption, if any, are contained within the advertisement in type size to give reasonable notice of such limitations. (2) Except for publishers as provided in subsection 3, no person or company doing business in interstate commerce shall advertise in California any device, apparatus, or mechanism which alters or modifies the original design or performance of any required off-road vehicle, engine, or equipment pollution control device or system and is not exempted from VC Sections 27156, 38391 or CCR, Title 13, Section 2472, unless each advertisement contains a legally adequate disclaimer in type size adequate to give reasonable notice of any limitation on the sale or use of the device, apparatus, or mechanism. (3) No publisher, after receipt of notice from the state board or after otherwise being placed on notice that the advertised part is subject to and has not been exempted from the provisions of VC Sections 27156, 38391 or CCR, Title 13, Section 2472, shall make or disseminate or cause to be made or disseminated before the public in this state any advertisement for add-on or modified parts subject to the provisions of this article, which have not been exempted from VC Sections 27156, 38391 or CCR, Title 13, Section 2472, unless such advertisement clearly and accurately states the legal conditions, if any, on sale and use of the parts in California. (4) The staff of the state board shall provide, upon request, model language which satisfies these requirements. (c) No person shall advertise, offer for sale, or install a part as an off-road vehicle, engine, or equipment pollution control device or as an exempted device, when in fact such part is not an off-road vehicle, engine, or equipment pollution control device or is not approved or exempted by the state board. (d) No person shall advertise, offer for sale, sell, or install an add-on or modified part as a replacement part. (e) The executive officer may exempt add-on and modified parts based on an evaluation conducted in accordance with the "Procedures for Exemption of Add-On and Modified Parts for Off-Road Categories," adopted July 14, 2000, which is hereby incorporated by reference herein. (f) Each person engaged in the business of retail sale or installation of an add-on or modified part which has not been exempted from VC Sections 27156, 38391 or CCR, Title 13, Section 2472 shall maintain records of such activity which indicate date of sale, purchaser name and address, vehicle, engine, or equipment model and work performed if applicable. Such records shall be open for reasonable inspection by the executive officer or his/her representative. All such records shall be maintained for four years from the date of sale or installation. (g) A violation of any of the prohibitions set forth in this section shall be grounds for the executive officer to invoke the provisions of section 2476. (h) (1) The executive officer shall exempt new aftermarket non-original equipment catalytic converters for off-road vehicles, engines, and equipment from the prohibitions of VC Sections 27156, 38391 or CCR, Title 13, Section 2472 based on an evaluation conducted in accordance with the "California Evaluation Procedures for New Aftermarket Non-Original Equipment Catalytic Converters for Off-Road Vehicles, Engines, and Equipment," adopted October 1, 1999, which is hereby incorporated by reference herein. (2) No person shall install, sell, offer for sale or advertise any new non-original equipment aftermarket catalytic converter for off-road vehicles, engines, and equipment in California that has not been exempted pursuant to the procedures as provided in this subsection. (3) For the purposes of this regulation, a new non-original equipment aftermarket catalytic converter for off-road vehicles, engines, and equipment is a catalytic converter which is constructed of all new materials and is not a replacement part as defined in Title 13, CCR, Section 1900, or which includes any new material or construction which is not equivalent to the materials or construction of the original equipment converter for off-road vehicles, engines, and equipment. (i) (1) No person shall install, sell, offer for sale or advertise any used catalytic converter for off-road vehicles, engines, or equipment in California unless such catalytic converter has been exempted pursuant to the "Procedures for Exemption of Add-On and Modified Parts for Off-Road Categories," adopted July 14, 2000, which is hereby incorporated by reference herein. (2) No person shall install, sell, offer for sale or advertise any recycled or salvaged used catalytic converter for off-road vehicles, engines, and equipment in California unless such converters have been exempted from the prohibitions of VC Sections 27156, 38391 or CCR, Title 13, Section 2472 pursuant to the procedures provided in this subsection. (3) For the purposes of this regulation, a "used catalytic converter" for off-road vehicles, engines, and equipment is a catalytic converter which is not a new aftermarket non-original equipment catalytic converter for off-road vehicles, engines, and equipment as defined in subsection (h)(3), or a replacement part as defined in Title 13, CCR, Section 1900. (j) (1) The executive officer shall exempt alternative fuel conversion systems for off-road vehicles, engines, and equipment from the prohibitions of VC Sections 27156, 38391 or CCR, Title 13, Section 2472 based on an evaluation conducted in accordance with the "California Certification and Installation Procedures for Systems Designed to Convert Off-Road Vehicles, Engines, and Equipment to Use Alternative Fuels," adopted October 1, 1999, which is hereby incorporated by reference herein. (2) No person shall install any alternative fuel conversion system for off-road vehicles, engines, and equipment in California unless the alternative fuel conversion system has been exempted and installed in accordance with the procedures and requirements pursuant to the "California Certification and Installation Procedures for Systems Designed to Convert Off-Road Vehicles, Engines, and Equipment to Use Alternative Fuels," adopted October 1, 1999, which is hereby incorporated by reference herein. Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013, 43017 and 43018, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 2475. Surveillance. (a) Replacement parts. The executive officer may order, for cause, the manufacturer of any replacement part subject to the provisions of this article to submit any records relating to such part which are maintained pursuant to section 2473(b) above. The executive officer may order, for cause, the manufacturer of any replacement part subject to the provisions of this article to submit a reasonable number of parts typical of the manufacturer's production for testing and evaluation. If, after a review of all records submitted by the manufacturer and of the results of any tests conducted by the state board's staff, the executive officer finds that such part is not in fact a replacement part, the executive officer may invoke section 2476. Replacement parts evaluated pursuant to this section shall be compared with the specifications contained in the applicable off-road vehicle, engine or equipment manufacturer's application for certification. (b) Add-on parts and modified parts. The executive officer may order, for cause, the manufacturer of any add-on part or modified part subject to the provisions of this article to submit a reasonable number of parts typical of the manufacturer's production for testing and evaluation. In-use performance will also be evaluated. If, after a review of the results of any tests or evaluations conducted by the state board's staff and of any information submitted by the manufacturer, the executive officer finds that an add-on part or a modified part does not conform to the "Procedures for Exemption of Add-On and Modified Parts for Off-Road Categories," adopted October 1, 1999, which is hereby incorporated by reference herein, the executive officer may invoke Section 2476. Note: Authority cited: Sections 39600, 39601, 43013 and 43018, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013, 43017 and 43018, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 2476. Enforcement Action. (a) When this section is invoked pursuant to other sections of this article, the executive officer may issue a cease and desist order and may require the person to submit a plan for correcting any deficiencies found by the state board. The executive officer may order any of the actions contained in the plan, and/or may declare a part to be not in compliance with VC Sections 27156, 38391 or CCR, Title 13, Section 2472 unless he/she finds the plan adequate to correct the deficiencies found by the state board. The plan may be required to include such corrective actions as the cessation of sale of non-complying parts, the recall of any non-complying parts already sold, and corrective advertising to correct misleading information regarding the emission control capabilities of the device and to ensure compliance with California's laws. The executive officer may also seek fines for violations of VC Sections 27156, 38391 or CCR, Title 13, Section 2472, or other laws or regulations, as applicable. (b) When this section is invoked by the executive officer on either his/her own initiative or in response to complaints received, an investigation may be made by the executive officer or his/her representative to gather evidence regarding continuing violations of this article by any person engaged in the business of advertising, offering for sale, selling, or installing an add-on or modified part. (c) Any person against whom enforcement action (other than the filing of an action in court) is initiated pursuant to this section may request a public hearing to review the enforcement action. (d) Nothing in this article shall prohibit the executive officer from taking any other action provided for by law, including the prosecution of an action in court. Note: Authority cited: Sections 39515, 39516, 39600, 39601, 43013 and 43018, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43000.5, 43013, 43017 and 43018, Health and Safety Code; and Sections 27156, 38391 and 38395, Vehicle Code. s 2477. Airborne Toxic Control Measure for In-Use Diesel-Fueled Transport Refrigeration Units (TRU) and TRU Generator Sets, and Facilities Where TRUs Operate. (a) Purpose. Diesel particulate matter (PM) was identified in 1998 as a toxic air contaminant. This regulation implements provisions of the Diesel Risk Reduction Plan, adopted by the Air Resources Board in October, 2000, as mandated by the Health and Safety Code Sections 39650-39675, to reduce emissions of substances that have been determined to be toxic air contaminants. Specifically, this regulation will use a phased approach to reduce the diesel PM emissions from in-use transport refrigeration units (TRUs) and TRU generator (gen) set equipment used to power electrically driven refrigerated shipping containers and trailers that are operated in California. (b) Applicability. (1) Except as provided in subsection (c), this regulation applies to owners and operators of diesel-fueled TRUs and TRU gen sets (see definition of operator and owner in subsection (d) that operate in the state of California. This specifically includes: (A) Operators and owners of California-based TRUs and TRU gen sets that are installed on trucks, or trailers, shipping containers, or railcars; and (B) Operators and owners of non-California-based TRUs and TRU gen sets that are installed on trucks, trailers, shipping containers, or trailers. (2) This regulation applies to facilities located in California with 20 or more loading dock doors serving refrigerated areas where perishable goods are loaded or unloaded for distribution on trucks, trailers, shipping containers, or rail cars that are equipped with TRUs and TRU gen sets and that are owned, leased, or contracted for by the facility, its parent company, affiliate, or subsidiary that are under facility control (see definition). (3) To the extent not already covered under subsections (b)(1) and (b)(2), above, subsection (g) of this regulation shall apply to any person engaged in this State in the business of selling to an ultimate purchaser, or renting or leasing new or used TRUs or TRU gen sets, including, but not limited to, manufacturers, distributors, and dealers. (4) Severability. If any subsection, paragraph, subparagraph, sentence, clause, phrase, or portion of this regulations is, for any reason, held invalid, unconstitutional, or unenforceable by any court of competent jurisdiction, such portion shall be deemed as a separate, distinct, and independent provision, and such holding shall not affect the validity of the remaining portions of the regulation. (c) Exemptions. This regulation does not apply to military tactical support equipment. (d) Definitions. For purposes of this regulation, the following definitions apply: (1) "Affiliate or Affiliation" refers to a relationship of direct or indirect control or shared interests between the subject business and another business. (2) "Alternative Fuel" means natural gas, propane, ethanol, methanol, or advanced technologies that do not rely on diesel fuel, except as a pilot ignition source at an average ratio of less than 1 part diesel fuel to 10 parts total fuel on an energy equivalent basis. Alternative fuels also means any of these fuels used in combination with each other or in combination with other non-diesel fuels. Alternative-fueled engines shall not have the capability of idling or operating solely on diesel fuel at any time. (3) "Alternative-Fueled Engine" means an engine that is fueled with a fuel meeting the definition of alternative fuel. (4) "Alternative Diesel Fuel" means any fuel used in diesel engines that is not commonly or commercially known, sold or represented as diesel fuel No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g. recalibration of the engine fuel control) may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel, Fischer Tropsch fuels, and emulsions of water in diesel fuel. Natural gas is not an alternative diesel fuel. An emission control strategy using a fuel additive will be treated as an alternative diesel fuel based strategy unless: (A) The additive is supplied to the vehicle or engine fuel by an on-board dosing mechanism, or (B) The additive is directly mixed into the base fuel inside the fuel tank of the vehicle or engine, or (C) The additive and base fuel are not mixed until vehicle or engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine or vehicle. (5) "ARB" means the California Air Resources Board. (6) "B100 Biodiesel Fuel" means 100% biodiesel fuel derived from vegetable oil or animal fat and complying with ASTM D 6751-02 and commonly or commercially known, sold, or represented as "neat" biodiesel or B100. B100 biodiesel fuel is an alternative diesel fuel. (7) "B100 Biodiesel-Fueled" (compression-ignition engine) means a compression-ignition engine that is fueled by B100 biodiesel fuel. (8) "Business" means an entity organized for profit including, but not limited to, an individual, sole proprietorship, partnership, limited liability partnership, corporation, limited liability company, joint venture, association or cooperative; or solely for purposes of the Prompt Payment Act (Government Code 927 et seq.), a duly authorized nonprofit corporation. (9) "California-Based TRUs and TRU Gen Sets" means TRUs and TRU gen sets equipped on trucks, trailers, shipping containers, or railcars that a reasonable person would find to be regularly assigned to terminals within California. (10) "CARB Diesel Fuel" means any diesel fuel that is commonly or commercially known, sold or represented as diesel fuel No. 1-D or No. 2-D, pursuant to the specification for Diesel Fuel Oils D975-81 and meets the specifications defined in13 CCR 2281, 13 CCR 2282, and 13 CCR 2284. (11) "Carbon Monoxide (CO)" means a colorless, odorless gas resulting from the incomplete combustion of hydrocarbon fuels. (12) "Carrier" means any person, party, or entity who undertakes the transport of goods from one point to another. (13) "Certification" means the obtaining of an Executive Order for a new offroad compression-ignition engine family that complies with the off-road compression-ignition emission standards and requirements specified in the California Code of Regulations, Title 13, Section 2423. A "certified engine" is an engine that belongs to an engine family that has received a certification Executive Order. (14) "Certification Data" means the ARB Executive Order number and related exhaust emission data for each test cycle mode used to certify the engine family and obtain the certification level shown in the certification Executive Order. Such data includes modal exhaust emissions data for nitrogen oxides, nonmethane hydrocarbons, carbon monoxide, and particulate matter includes, as a minimum, torque, engine speed, weighting factor, power, mass emission rate (grams per hour), and certification test fuel. (15) "Compression Ignition (CI) Engine" means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The regulation of power by controlling fuel supply in lieu of a throttle is indicative of a compression ignition engine. (16) "Consignee" (see receiver). (17) "Consignor" (see shipper). (18) "Cryogenic Temperature Control System" means a heating and cooling system that uses a cryogen, such as liquid carbon dioxide or liquid nitrogen that is routed through an evaporator coil that cools air blown over the coil. The cryogenic system uses a vapor motor to drive a fan and alternator, and a propane-fired heater superheats the carbon dioxide for heating and defrosting. Electrically driven fans may be used instead of a vapor motor and heating and defrost needs may be met by using electric heaters and/or vehicle engine coolant. (19) "Deterioration Factor (DF)" means a factor that is applied to the certification emission test data to represent emissions at the end of the useful life of the engine. Separate DFs apply to each measured pollutant, except that a combined NMHC+NOx DF applies to engines that do not use aftertreatment devices. Decreasing emissions over time would not be allowed to offset increasing emissions of the other pollutant in this combined DF. (20) "Diesel Fuel" means any fuel that is commonly or commercially known, sold, or represented as diesel fuel, including any mixture of primarily liquid hydrocarbons - organic compounds consisting exclusively of the elements carbon and hydrogen - that is sold or represented as suitable for use in an internal combustion, compression-ignition engine. (21) "Diesel-Fueled" means fueled by diesel fuel or CARB diesel fuel in whole or in part, except as allowed for a pilot ignition source under the definition for "alternative fuel". (22) "Diesel Oxidation Catalyst (DOC)" means the use of a catalyst to promote the oxidation processes in diesel exhaust. Usually refers to an emission control device that includes a flow-through substrate where the surfaces that contact the exhaust flow have been catalyzed to reduce emissions of the organic fraction of diesel particulates, gas-phase hydrocarbons, and carbon monoxide. (23) "Diesel Particulate Filter (DPF)" means an emission control technology that reduces PM emissions by trapping the particles in a flow filter substrate. Periodically the collected particles are either physically removed or oxidized (burned off) in a process called regeneration. (24) "Diesel Particulate Matter" means the particles found in the exhaust of diesel-fueled CI engines. Diesel PM may agglomerate and adsorb other species to form structures of complex physical and chemical properties. (25) "Dual-Fuel Engine" means an engine designed to operate on a combination of alternative fuel, such as compressed natural gas (CNG) or liquefied petroleum gas (LPG), and conventional fuel, such as diesel or gasoline. These engines have two separate fuel systems, which either inject both fuels simultaneously into the engine combustion chamber or fumigate the gaseous fuel with the intake air and inject the liquid fuel into the combustion chamber. (26) "Emergency" means any of the following times: (A) A failure or loss of normal power service that is not part of an "interruptible service contract" (see definition in subsection (d)); (B) A failure of a facility's internal power distribution system, provided the failure is beyond the reasonable control of the operator; (C) When an affected facility is placed under an involuntary "rotating outage" (see definition in subsection (d)). (27) "Emission Control Strategy" means any device, system, or strategy employed with a diesel-fueled CI engine that is intended to reduce emissions. Examples of emission control strategies include, but are not limited to, particulate filters, diesel oxidation catalysts, selective catalytic reduction systems, alternative fuels, fuel additives used in combination with particulate filters, alternative diesel fuels, and combinations of the above. (28) "Emissions Rate" means the weight of a pollutant emitted per unit of time (e.g., grams per second). (29) "Executive Officer" means the Executive Officer of the California Air Resources Board or his or her delegate. (30) "Facility" means any facility where TRU-equipped trucks, trailers, shipping containers or railcars are loaded or unloaded with perishable goods. This includes, but is not limited to, grocery distribution centers, food service distribution centers, cold storage warehouses, and intermodal facilities. Each business entity at a commercial development is a separate facility for the purposes of this regulation, provided the businesses are "independently owned and operated" (see definition in subsection (d)). (31) "Facility Control (of TRUs or TRU Gen Sets)" means the TRUs or TRU gen sets located at the facility are owned or leased by the facility, its parent company, affiliate, or a subsidiary, or under contract for the purpose of providing carrier service to the facility, and the TRUs' or TRU gen sets' arrival, departure, loading, unloading, shipping and/or receiving of cargo is determined by the facility, parent company, affiliate, or subsidiary (e.g scheduled receiving, dispatched shipments). (32) "Fischer-Tropsch Diesel Fuel" See "ultra-low-aromatic synthetic diesel fuel". (33) "Fuel Additive" means any substance designed to be added to fuel or fuel systems or other engine-related engine systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance of the engine; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance of the engine. (34) "Generator Set (gen set)" means a CI engine coupled to a generator used as a source of electricity. (35) "Hybrid Cryogenic Temperature Control System" means a temperature control system that uses a cryogenic temperature control system in conjunction with a conventional TRU. (36) "Independently Owned and Operated" means a business concern that independently manages and controls the day-to-day operations of its own business through its ownership and management, without undue influence by an outside entity or person that may have an ownership and/or financial interest in the management responsibilities of the applicant business or small business. (37) "Intermodal Facility" means a facility involved in the movement of goods in one and the same loading unit or vehicle which uses successively several modes of transport without handling of the goods themselves in changing modes. Such a facility is typically involved in loading and unloading refrigerated shipping containers and trailers to and from railcars, trucks, and ocean-going ships. (38) "Interruptible Service Contract" means any arrangement in which a nonresidential electrical customer agrees to reduce or consider reducing its electrical consumption during periods of peak demand or at the request of the System Operator in exchange for compensation, or assurances not to be blacked out or other similar non-monetary assurances. (39) "In Use TRU, TRU gen set, or engine" means a TRU, TRU gen set, or engine that is not a "new" TRU, TRU gen set, or engine. (40) "Low Emission TRU (LETRU or L)" means a TRU or TRU gen set that meets the performance standards described under paragraph (e)(1)(A)1. or (e)(1)(A)2. (41) "Manufacturer" means a business as defined in Government Code s 14837(c). (42) "Military tactical support equipment (TSE)" means equipment that meets military specifications, owned by the U.S. Department of Defense and/or the U.S. military services, and used in combat, combat support, combat service support, tactical or relief operations, or training for such operations. (43) "Model Year (MY)" means diesel-fueled engine manufacturer's annual production period, which includes January 1st of a calendar year, or if the manufacturer has no annual production period, the calendar year. (44) "New TRU, TRU Gen Set, or Engine" means any TRU, TRU gen set, or engine that has never been subject to a retail sale or lease to an "ultimate purchaser" (see definition in subsection (d)). (45) "Nitrogen Oxide (NOx)" means compounds of nitric oxide (NO), nitrogen dioxide (NO2), and other oxides of nitrogen. Nitrogen oxides are typically created during combustion processes and are major contributors to smog formation and acid deposition. (46) "Non-California-Based TRUs and TRU Gen Sets" means TRUs and TRU gen sets that are equipped on or used in trucks, trailers, shipping containers, or railcars that a reasonable person would find to be regularly assigned to terminals outside of California and operate in California from time to time for the purpose of transporting perishable goods into or out of the state. (47) "Non-methane Hydrocarbons (NMHC)" means the sum of all hydrocarbon air pollutants except methane. NMHCs are precursors to ozone formation. (48) "Operate" means to start, cause to function, program the temperature controller, select an operating program or otherwise control, fuel, monitor to assure proper operation, or keep in operation. (49) "Operator" means any person, party or entity that operates a TRU or TRU gen set for the purposes of transporting perishable goods, excluding an employee driver and third party maintenance and repair service, and including but not limited to: (A) Manufacturer, producer, supplier, carrier, shipper, consignor, consignee, receiver, distribution center, or warehouse of perishable goods; (B) An individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation including but not limited to, a government corporation; (C) Any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (50) "Owner" means any person that legally holds the title (or its equivalent) showing ownership of a TRU or TRU gen set, excluding a bank or other financial lending institution, and including but not limited to: (A) Manufacturer, producer, supplier, carrier, shipper, consignor, consignee, receiver, distribution center, warehouse; (B) An individual, trust, firm, joint stock company, business concern, partnership, limited liability company, association, or corporation including but not limited to, a government corporation; (C) Any city, county, district, commission, the state or any department, agency, or political subdivision thereof, any interstate body, and the federal government or any department or agency thereof to the extent permitted by law. (51) "Owner/Operator" means a requirement applies to the owner and/or operator of a TRU or TRU gen set, as determined by agreement or contract between the parties if the two are separate business entities. (52) "Parent Company" means a company that has a controlling interest in another company, usually through ownership of more than one-half the voting stock. (53) "Particulate Matter (PM)" means the particles found in the exhaust of CI engines, which may agglomerate and adsorb other species to form structures of complex physical and chemical properties. (54) "Rated Brake Horsepower" means the power delivered, according to the statement of the engine manufacturer, at the rated speed. (55) "Real Emission Reductions" means that an action is taken that results in reductions in the PM emission rate of an in-use engine (e.g. a VDECS is installed that reduced the PM emissions rate by more than 50%). (56) "Receiver" means the person, party, or entity that receives shipped goods, cargo, or commodities. (57) "Refrigerated Trailer" means a trailer van, railcar, or shipping container equipped with a TRU or TRU gen set. Pursuant to Health and Safety Code section 39618, refrigerated trailers are mobile sources and shall be regulated by the ARB on a statewide basis. (58) "Rotating Outage" means a controlled involuntary curtailment of electrical power service to consumers as ordered by the system operator - see definition in subsection (d). (59) "Shipper" means the person, party, or entity who usually owns or supplies the commodities shipped by a carrier. (60) "System Operator" means one of the several organizations that control energy in California. System operators include, but are not limited to, the California Independent System Operator, the Los Angeles Department of Water and Power, the Imperial Irrigation District, the Sacramento Municipal Utility District. (61) "Terminal" means any place where a TRU or TRU gen set equipped truck, trailer, shipping container, railcar or TRU gen set is regularly garaged, maintained, operated, or dispatched from, including a dispatch office, cross-dock facility, maintenance shop, business, or private residence. (62) "Tier 4 Nonroad/Offroad Emission Standards" means the emission standards and associated procedures promulgated by U.S. Environmental Protection Agency in "Control of Emissions of Air Pollution from Nonroad Diesel Engines and Fuel; Final Rule" (Vol. 69, No. 124 Fed.Reg. pp. 38957-39273 (June 29, 2004). (63) "Transport Refrigeration Unit (TRU)" means refrigeration systems powered by integral internal combustion engines designed to control the environment of temperature sensitive products that are transported in trucks and refrigerated trailers. TRUs may be capable of both cooling and heating. (64) "TRU Generator Set (TRU gen set)" means a generator set that is designed and used to provide electric power to electrically driven refrigeration units of any kind. This includes, but is not limited to gen sets that provide electricity to electrically powered refrigeration systems for semi-trailer vans and shipping containers. (65) "Ultimate Purchaser" means with respect to a new TRU, TRU gen set, or engine, the first person who in good faith purchases a new TRU, TRU gen set, or engine for purposes other than resale. (66) "Ultra-Low-Aromatic Synthetic Diesel Fuel" means fuel produced from natural gas, coal, or biomass by the Fischer-Tropsch gas-to-liquid chemical conversion process, or similar process that meets the following properties: Table 1 Property ASTM Value Sulfur Content (ppmw) D5453-93 <1 Total Aromatic Content (wt %) D5186-96 <1.5% Polynuclear Aromatic Cotent (wt %) D5186-96 <0.5% Natural Cetane Number D613-84 >74 (67) "Ultra-Low Emission TRU (ULETRU or U)" means a TRU or TRU gen set that meets the performance standards described under subparagraph (e)(1)(A)1. and (e)(1)(A)2. or that uses an "alternative technology" in accordance with subparagraph (e)(1)(A)3. (68) "Verification Classification Level" means the classification assigned to a Diesel Emission Control Strategy by the Executive Officer as defined in theVerification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emission from Diesel Engines (13 CCR Sections 2700 - 2710). PM reductions correspond as follows: Level 1:. 25%; Level 2:. 50%; Level 3:. 85% or 0.01 g/hp-hr. (69) "Verified Diesel Emission Control Strategy" (VDECS) means an emission control strategy designed primarily for the reduction of diesel particulate matter emissions that has been verified per theVerification Procedure, Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (13 CCR Sections 2700 - 2710). Examples of diesel retrofit systems that may be verified include, but are not limited to, diesel particulate filters, diesel oxidation catalysts, fuel additives (e.g. fuel-borne catalysts), alternative fuels (e.g. dual fuel), alternative diesel fuels, and combinations of the above. (e) Requirements. (1) In-Use Operation: (A) In-Use Performance Standards: In accordance with the schedule set forth below in paragraph (e)(1)(B), no owner/operator shall operate a TRU or TRU gen set in California unless it meets the in-use emission category performance standards set forth below. 1. In-Use performance standard categories for TRU and TRU gen set engines with rated brake horsepower less than 25 horsepower (<25 hp) are shown in Table 2, along with the engine certification standards or the level of Verified Diesel Emission Control Strategy (VDECS) (see definition) that is necessary to qualify for each category. Table 2 <25 HP TRU and TRU Gen Set In-Use PM Performance Standards Engine Certification Level of VDECS In-Use Emission Category (g/hp-hr) Equipped with Low Emission TRU (LETRU or L) 0.30 Level 2 Ultra-Low Emission TRU (ULETRU or U) NA Level 3 a. Compliance can be achieved by: I. Using a certified engine meeting the applicable nonroad/offroad emissions standards for all regulated pollutants and the in-use PM performance standard. Only engines for which certification data and deterioration factors have been provided to ARB shall be considered when determining compliance. The Executive Officer will consider such submittals, publish, and make available a list of qualifying engines. II. Equipping the engine with the required Level of VDECS. 2. In-Use performance standard categories for TRU and TRU gen set engines with rated brake horsepower greater than or equal to 25 horsepower (.25 hp) are shown in Table 3, along with the engine certification standards or the level of VDECS that is necessary to qualify for each category. Table 3 .25 HP TRU and TRU Gen Set In-Use PM Performance Standards Engine Certification Level of VDECS In-Use Emission Category (g/hp-hr) Equipped with Low Emission TRU (LETRU or L) 0.22 Level 2 Ultra-Low Emission TRU (ULETRU or U) 0.02 Level 3 a. Compliance can be achieved by: I. Using a certified engine meeting the applicable nonroad/offroad emissions standards for all regulated pollutants and the in-use PM performance standard. Only engines for which certification data and deterioration factors have been provided to ARB shall be considered when determining compliance. The Executive Officer will consider such submittals, publish, and make available a list of qualifying engines. II. Equipping the engine with the required Level of VDECS. 3. As an alternative to meeting the ULETRU in-use performance standards in subsections (e)(1)(A)1. and 2., an owner/operator may operate a TRU or TRU gen set in California meeting one of theAlternative Technology options listed below. Alternative Technologies qualify to meet the ULETRU in-use performance standard only if the TRU or TRU gen set is operated under the conditions included in the description listed below. a. Electric standby, provided that the TRU is not operated under diesel engine power while at a facility, except during an emergency. b. Cryogenic temperature control systems or hybrid cryogenic temperature control systems, provided that the TRU does not operate under diesel engine power while at a facility, except during an emergency. c. Alternative-fueled engines (see definition in subsection (d)). If the engine is a CI engine, a VDECS is required.Note: If the engine is not a compression ignition diesel fueled engine, this regulation would not apply, but the engine may have to meet other emission standards (e.g. large spark-ignited engine standards if >25 hp). d. Fuel exclusively with an alternative diesel fuel (see definition in subsection (d)) that has been verified as a VDECS, provided it is used in accordance with the requirements of subsection (e)(2)(A) and the alternative diesel fuel contains no conventional diesel or CARB diesel fuel. e. Power by fuel cells. If a reformer is used with diesel fuel as the source of hydrocarbons, then emissions must be evaluated and verified through theVerification Procedure Warranty and In-Use Compliance Requirements for In-Use Strategies to Control Emissions from Diesel Engines (13 CCR sections 2700 - 2710). f. Equip with any other system approved by the Executive Officer to not emit diesel PM or increase public health risk while at a facility. (B) In-Use Compliance Dates. 1. No owner/operator shall operate a 2001 and older model year (MY) TRU or TRU gen set engine in California unless it meets the in-use performance criteria set forth in paragraph (e)(1)(A) for a. LETRU on or before December 31, 2008, and b. ULETRU on or before December 31, 2015, as shown in Tables 4 and 5. 2. No owner/operator shall operate a 2002 MY TRU or TRU gen set engine in California unless it meets the in-use performance criteria set forth in paragraph (e)(1)(A) for a. LETRU on or before December 31, 2009, and b. ULETRU on or before December 31, 2016, as shown in Tables 4 and 5. 3. No owner/operator shall operate a 2003 MY and subsequent MY TRU or TRU gen set engine in California unless it meets the in-use performance criteria set forth in paragraph (e)(1)(A) for ULETRU on or before December 31st of the seventh year past the unit's model year, as shown in Tables 4 and 5. Table 4. <25 HP TRU and TRU Gen Set Engines In-Use Compliance Dates Table 5..25 HP TRU and TRU Gen Set Engines In-Use Compliance Dates (C) Replacements Due to Failures. 1. If a VDECS fails within its warranty period, the owner/operator of the TRU or TRU gen set must replace it with the same VDECS or a higher verification classification level, if available. 2. If a VDECS fails outside its warranty period and a higher verification classification level VDECS is available, then the owner/operator of the TRU or TRU gen set shall upgrade to the highest level VDECS required under paragraphs (e)(1)(A)1. and (e)(1)(A)2. that is determined to be cost-effective by the Executive Officer. (D) In-Use Recordkeeping and Reporting. In-use recordkeeping and reporting shall be completed by the operator in accordance with the requirements of subsection (f)(1). (E) ARB Identification Numbering Requirements. Identification numbers will be issued to help expedite the inspection procedure and prevent shipping delays. 1. California-based TRUs and TRU gen sets: a. On or before January 31, 2009, owner/operators of all California-based TRUs and TRU gen sets subject to this regulation shall apply for an ARB identification number for all California-based TRUs or TRU gen sets operated by the operator by submitting an application that includes the information listed below. I. Operator name, address, and contact information for the responsible official (e.g. phone number, email address, fax number). II. Owner name, address, and contact information (if other than operator). III. TRU or TRU gen set make, model, model year, and serial number. IV. TRU engine make, model, model year, and serial number. V. Terminal or terminals that the TRU-equipped truck or trailer is assigned to, with address and contact information. VI. Other associated identification numbers, which may include (as applicable): i. Vehicle Identification Number (VIN) of the TRU-equipped truck or trailer. ii. Vehicle license number of the TRU-equipped truck or trailer. iii. Railcar recording mark and car number. iv. Shipping container number (for TRU-equipped shipping containers only). v. Company equipment number (if any). VII. Compliance status with paragraph (e)(1)(A) requirements. If compliance not as-yet required, mark N/A. i. Date when compliance was achieved. ii. What performance standard was met (e.g. LETRU or ULETRU). iii. How compliance was achieved (e.g. new compliant TRU, TRU engine replacement, or description of VDECS that was used). iv. Identify who did the installation work (if applicable). b. Applications shall be submitted by one of the following methods: I. Mail or deliver a physical report to ARB at the address listed immediately below: California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812 II. Electronically submit through ARB's web site. The web address will be identified in an advisory. c. TRUs and TRU gen sets added to an operator's TRU operations after January 31, 2009 shall be brought into compliance with subsection (e)(1)(E). An application shall be submitted to ARB within 30 days of the unit entering the operator's control: I. Requesting an ARB I.D. number for a new TRU or TRU gen set that was not previously numbered, or II. Requesting a change in owner or operator (or other pertinent application information) for used equipment that already has an ARB I.D. number. d. Failure to apply or submittal of false information is a violation of state law subject to civil penalty. e. On or before February 1, 2009, the Executive Officer shall begin issuing identification numbers to TRU and TRU gen set operators for each unit based in California for which a complete application has been filed. The number will include a 2-digit prefix for model year (e.g. 2001 model year would have a prefix 01); a 6-digit serial number; a check-digit, and a letter indicating compliance status with in-use performance standards (either "L" or "U"). In the event that an operator applies for an early compliance certificate in accordance with subsection (e)(1)(F), ARB will also issue a certificate which acknowledges early compliance per (e)(1)(F)3. f. Within 30 days of receipt of the ARB-issued identification number, owner/operators shall permanently affix or paint the identification number on the TRU or TRU gen set chassis housing in clear view according to the following specification: I. The ARB identification number shall be preceded by the letters "ARB". II. Letters and numbers shall contrast sharply in color with the color of the background surface on which the letters are placed. III. The location of the I.D. number shall be as follows: i. Truck and trailer TRUs - both sides of TRU chassis housing. ii. Rail car and shipping container TRUs - both sides of the TRU. iii. TRU gen sets - both sides of gen set housing. IV. Letters and numbers shall be readily legible during daylight hours, from a distance of 50 feet (15.24 meters) while unit is stationary. V. Marking shall be kept maintained in a manner that retains the legibility required by the subparagraph immediately above. 2. Non-California-based TRUs and TRU Gen Sets: a. Operators of non-California-based TRUs and TRU gen sets may voluntarily apply for ARB identification numbers for TRUs that are based outside of California but operate within California during the normal course of business. Non-California-based operators may voluntarily submit the same application information listed above in subparagraph (e)(1)(E)1.a., above, using the same methods of submittal listed in subparagraph (e)(1)(e)1.b., above. Upon application approval, ARB would issue identification numbers to the operator in accordance with subparagraph (e)(1)(E)1.e., above. The non-California-based operator would then permanently affix or paint the identification number on the TRU or TRU gen set chassis in clear view, in accordance with (e)(1)(E)1.f., above. (F) Early Compliance with LETRU In-Use Performance Standards. 1. For 2002 and older MY TRU and TRU gen set engines, operators or owners that meet the LETRU in-use performance standard earlier than required in paragraph (e)(1)(B) may apply to the Executive Officer for a delay in the ULETRU in-use performance standard. Except as provided below, early compliance would be achieved through any of the options available in paragraph (e)(1)(A). a. This delay would not be available to the operator or owner if the engine manufacturer of the replacement engine is using the early compliance with engine emissions standards in U.S. EPA's Averaging, Banking, and Trading Program (or California's equivalent program). b. Early compliance is conditioned upon real emission reductions (refer to definition in sub section (d)) occurring earlier than the applicable compliance deadline. c. This delay may not be available to the operator or owner if public funds were used for early compliance. The applicant shall disclose whether public funds were used for any portion of early compliance and what program the funding came from. 2. Early LETRU compliance with real emission reductions would allow specific units to delay compliance with ULETRU in-use performance standards by up to three years, according to the rounding conventions and examples listed below. a. Each year of early compliance with the LETRU in-use performance standards would be rewarded with 1 year delay in the ULETRU in-use performance standard. I. One full year early compliance qualifies for one full year delay in meeting ULETRU compliance. II. Two full years early compliance qualifies for two full years delay in meeting ULETRU compliance. III. Three full years early compliance qualifies for three full years delay in meeting ULETRU compliance. b. A partial year of early LETRU compliance would be rounded to the nearest full year for the delayed ULETRU requirements. I. Early LETRU compliance of 183 days or more in a calendar year would count toward a one year ULETRU delay. II. Early LETRU compliance of 182 days or less in a calendar year would not count toward a ULETRU delay. 3. Upon receipt of an application to delay ULETRU compliance, the Executive Officer shall determine if the application demonstrates early compliance with LETRU in-use performance standards in accordance with subsection (e)(1)(F)1., and if the application is approved, shall delay the in-use ULETRU compliance date for specific TRUs and TRU gen sets operating in California in accordance with subparagraph (e)(1)(F)2. 4. Upon approval of the application, ARB shall issue a certificate and ARB identification number in accordance with subsection (e)(1)(E)1.e. which acknowledges early compliance with LETRU requirements and discloses the number of years delay granted, and resulting ULETRU compliance date. 5. The operator shall maintain a legible copy of the certificate in a water-tight sleeve mounted inside the TRU or TRU gen set chassis housing. The operator shall paint the identification number in clear view in accordance with subsection (e)(1)(E)1.f. on the specific TRU or TRU gen set that was granted the compliance extension. (2) Fuel Requirements. (A) Operators Choosing to Use Alternative Diesel Fuels. Operators choosing to use alternative diesel fuels in compression ignition TRU and TRU gen set engines to meet the requirements of subsection (e)(1) shall: 1. Maintain records in accordance with subsection (f)(1)(B) of this regulation. 2. Use only fuel that is a VDECS alternative diesel fuel that contains no conventional diesel or CARB diesel fuel in TRUs or TRU gen sets operated in California. 3. Permanently affix a label in clear view near the fill spout that identifies the proper fuel that is required to be in compliance. 4. In the event that the operator decides to revert to using conventional diesel or CARB diesel fuel, the operator shall comply with the requirements of subsection (e)(1) within 10 days of discontinuation of alternative diesel fuel use. Within 10 days of discontinuation, the operator shall notify the Executive Officer in writing of this change in fuel use and shall include an update to any ARB I.D. number application or annual report submitted to comply with subsections (e)(1)(E), (e)(1)(F), or (f)(1). (B) Operators that Retrofit TRUs or TRU Gen Sets with a VDECS. Operators that retrofit TRUs or TRU gen sets with a VDECS that requires certain fuel properties to be met in order to achieve the required PM reduction or PM emissions shall only fuel the subject TRU or TRU gen set with fuel that meets these specifications when operating in the state of California. In addition, operators that choose a VDECS that requires certain fuel properties to be met in order to prevent damage to the VDECS or an increase in toxic air contaminants, other harmful compounds, or in the nature of the emitted PM shall only fuel the subject TRU or TRU gen set with fuel that meets these specifications. (f) Monitoring, Recordkeeping, and Reporting Requirements. (1) TRU and TRU Gen Set Operator Recordkeeping and Reporting. (A) Operator Reporting. 1. All operators subject to this regulation shall submit an Operator Report to ARB by January 31, 2009 that shall include the following information: a. Operator name, address, and contact information for the responsible official (phone number, email address, fax number). b. List of all terminals owned or leased by the operator located within California, with address, phone number, and terminal contact name. c. TRU and TRU gen set inventory information for each TRU and TRU gen set based in California that is owned or leased by the operator: I. TRU or gen set make, model, model year, and serial number. II. TRU owner, and if other than operator, owner name, address, and contact. III. Engine make, model, model year, and serial number. IV. Terminal(s) that the TRU is assigned to. V. ARB TRU or TRU gen set identification number, if already issued. If the ARB identification number has not been issued or there has been a change in the other identification numbers listed below since the prior annual report, then provide the following identification numbers (as applicable): i. Vehicle Identification Number. ii. Vehicle license number. iii. Railcar recording mark and car number. iv. Shipping container number (for TRU-equipped shipping containers only). v. Company equipment number. VI. Compliance status with paragraph (e)(1)(A) requirements. 2. The Operator Report shall be updated within 30 days when changes to any of the above operator information occur. a. Operator Reports shall be submitted by one of the following methods: I. Mail or deliver a physical report to ARB at the address listed immediately below: California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812 II. Electronically submit through ARB's web site. The web address will be identified in an advisory. 3. Failure to report or submittal of false information is a violation of state law subject to civil penalty. (B) Alternative Diesel Fuel Use and Fuel Additive Recordkeeping and Reporting. 1. Operators that choose a compliance pathway that involves the use of alternative diesel fuel in accordance with subparagraph (e)(1)(A)3.d. (e.g. B100 biodiesel fuel or ultra-low-aromatic synthetic diesel fuel) and/or a VDECS that includes the use of a fuel additive (e.g. fuel-borne catalyst) shall maintain records that document exclusive use of the chosen fuel or additive for each affected CI engine and hours of operation. Appropriate records would be copies of receipts or invoices of appropriate fuel and/or fuel additive and daily operating hour logs. 2. Records shall be kept available for a minimum of three (3) years and shall be compiled and made available to the ARB upon request. 3. Failure to keep records or submittal of false information is a violation of state law subject to civil penalty. (2) Facility Monitoring, Recordkeeping, and Reporting. (A) Facility Reporting. All facilities subject to this subsection shall submit a Facility Report to ARB by January 31, 2006, containing the following information, as of December 31, 2005: 1. Contact information for the facility's responsible official. 2. Provide all North American Industrial Classification System codes (NAICS) applicable to the facility. 3. The number of loading dock doors serving refrigerated storage space. 4. The number of square feet of refrigerated storage space. 5. The number of TRUs or TRU gen sets under facility control by model year and horsepower category. 6. The number of refrigerated trucks, trailers, shipping containers, or railcars leased or rented. 7. The total annual TRU engine operating hours for all TRUs or TRU gen sets under facility control during 2005 (e.g. total TRU engine operating time for both on-road and off-road operations). 8. The average weekly number of inbound refrigerated trucks, trailers, shipping containers, and railcars delivering goods to the facility during 2005, calculated by dividing the annual total inbound refrigerated loads by 52. 9. The average weekly number of outbound refrigerated trucks, trailers, shipping containers and railcars delivering goods from the facility during 2005, calculated by dividing the annual total outbound refrigerated loads by 52. 10. The average total number of hours per week that outbound TRU or TRU gen set engines operate while at the facility during 2005. Average TRU or TRU gen set engine operating time at facility for outbound refrigerated loads may be used if the result is representative of the outbound TRU or TRU gen set operations at facilities, as determined by the Executive Officer. Average values would be determined for outbound loads based on recordkeeping, conducted in accordance with subparagraph (f)(2)(B)2., and applied to the total annual number of refrigerated outbound loads, and then weekly averages calculated as follows: Average TRU or TRU gen set engine operating time per outbound refrigerated load multiplied by the total annual number of outbound loads, divided by 52 weeks equals the average total number of hours per week that outbound TRU or TRU gen set engines operate while at the facility. 11. The average total number of hours per week that inbound TRU or TRU gen set engines operate while at the facility during 2005. Average TRU or TRU gen set engine operating time at facility for inbound refrigerated loads may be used if the result is representative of the inbound TRU or TRU gen set operations at facilities, as determined by the Executive Officer. Average values would be determined for inbound loads based on recordkeeping, conducted in accordance with subparagraph (f)(2)(B)2., and applied to the total annual number of refrigerated inbound loads, and then weekly averages calculated as follows: Average TRU or TRU gen set engine operating time per inbound refrigerated load multiplied by the total annual number of inbound loads, divided by 52 weeks equals the average total number of hours per week that inbound TRU or TRU gen set engines operate while at the facility. 12. The number of refrigerated trailers (as defined) that are used at the facility for cold storage, the total annual number of hours of TRU engine operation associated with these refrigerated trailers, and the total annual number of hours of operation using electric standby associated with these refrigerated trailers. (B) Recordkeeping. 1. Recordkeeping that substantiates the information reported in the Facility Report shall be maintained and shall be compiled and made available to State inspectors upon request for a minimum of three (3) years. 2. The Executive Officer may approve alternative recordkeeping and calculation procedures for determining the average weekly hours of TRU engine operation at a facility for inbound and outbound refrigerated loads, provided the Executive Officer finds that the alternative procedures meet the intent of subparagraph (f)(2). (C) Facility Report Submittals. Facility Reports shall be submitted by one of the following methods: 1. Mail or deliver a physical report to ARB at the address listed immediately below: California Air Resources Board Stationary Source Division (TRU) P.O. Box 2815 Sacramento, CA 95812 2. Electronically submit through ARB's web site. The web address will be identified in an advisory. (D) Failure to report or submittal of false information. Failure to report or submittal of false information is a violation of state law subject to civil penalty. (g) Prohibitions. (1) No person who is engaged in this State in the business of selling to an ultimate purchaser, or renting or leasing new or used TRUs or TRU gen sets, including, but not limited to, manufacturers, distributors, and dealers, shall intentionally or negligently import, deliver, purchase, receive, or otherwise acquire a new or used TRU or TRU gen set engine that does not meet the performance requirements or alternatives set forth in section (e)(1) above. (2) No person who is engaged in this State in the business of selling to an ultimate purchaser new or used TRU or TRU gen set engines, including, but not limited to, manufacturers, distributors, and dealers, shall sell, or offer to sell, to an ultimate purchaser who is a resident of this State or a person that could reasonably be expected to do business in this State a new or used TRU or TRU gen set engine that does not meet the performance requirements or alternatives set forth in section (e)(1) above. (3) No person who is engaged in this State in the business of renting or leasing new or used TRU or TRU gen set engines, including, but not limited to, manufacturers, distributors, and dealers, shall lease, offer to lease, rent, or offer to rent, in this state any new or used TRU or TRU gen set engine that does not meet the performance requirements or alternatives set forth in section (e)(1) above. (4) Operators of affected facilities and operators of affected TRUs and TRU gen sets are prohibited from taking action to divert affected TRUs to alternative staging areas in order to circumvent the requirements of this section. (h) Penalties. (1) All persons, as defined in section 19 of the Health and Safety Code, found to be in violation of title 13, CCR, section 2477 may be cited and subject to the penalty provisions set forth in Health and Safety Code sections 39674, 39675, 42400 et seq., 42402 et seq., and 42410. _________ [FN1] The Engine Certification value for the Low Emission TRU category corresponds to the "Interim" Tier 4 Nonroad/Offroad Emission Standards that are to go into effect in 2008. [FN2] Not Applicable - ARB and U.S. EPA will perform a technical review in 2007 to evaluate DOC or filter-based standard for <25 hp category new engines in 2013. If a more stringent "long term" level for new tier 4 (as identified in the Tier 4 Nonroad/Offroad Emission Standards) engines is adopted by U.S. EPA for this horsepower category, the Board will consider adopting an engine certification in-use performance standard for ULETRU for <25 hp TRUs and TRU gen sets. [FN3] The Engine Certification value for Low Emission TRU category corresponds to the "Interim" Tier 4 Nonroad/Offroad Emission Standards that are to go into effect in 2008. [FN4] The Engine Certification value for the Ultra-Low Emission TRU category corresponds to the "Long Term" Tier 4 Nonroad/Offroad Emission Standards that will go into effect in 2012 or 2013. [FN5] Compliance date is December 31st of the compliance year shown. "MY" means model year. Black shaded areas are years with no requirements since in-use compliance year precedes model year . Dark shaded areas without letter codes have no requirements, pending in-use compliance date. "L" means must meet LETRU in-use performance standards. "U" means must meet ULETRU in-use performance standards. [FN6] TRUs and TRU gen sets with MY 2003 engines and subsequent MY engines shall be required to comply with ULETRU requirements by the end of the seventh year after the model year. The exception to this is .25 hp 2013 and subsequent model years, since these model years would meet ULETRU in-use performance standards as new engines. [FN7] Compliance date is December 31st of the compliance year shown. "MY" means model year. Black shaded areas are years with no requirements since in-use compliance year precedes model year . Dark shaded areas without letter codes have no requirements, pending in-use compliance date. "L" means must meet LETRU in-use performance standards. "U" means must meet ULETRU in-use performance standards. [FN8] TRUs and TRU gen sets with MY 2003 engines and subsequent MY engines shall be required to comply with ULETRU requirements by the end of the seventh year after the model year. The exception to this is .25 hp 2013 and subsequent model years, since these model years would meet ULETRU in-use performance standards as new engines. Note: Authority cited: Sections 39600, 39601, 39618, 39658, 39659, 39666, 39667, 39674, 39675, 42400 et seq., 42402 et seq., 42410, 43013 and 43018, Health and Safety Code. Reference: Sections 39618, 39650, 39658, 39659, 39666, 39667, 39674, 39675, 42400 et seq., 42402 et seq., 42410, 40717.9, 43013 and 43018, Health and Safety Code. s 2480. Airborne Toxic Control Measure to Limit School Bus Idling and Idling at Schools. (a) Purpose. This airborne toxic control measure seeks to reduce public exposure, especially school age children's exposure, to diesel exhaust particulate matter and other toxic air contaminants by limiting unnecessary idling of specified vehicular sources. (b) Applicability. Except as provided in subsection (d), this section applies to the operation of every school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, and other commercial motor vehicle as defined in subsection (h). (c) Idling Control Measure. (1) A driver of a school bus, school pupil activity bus, youth bus, or general public paratransit vehicle: (A) must turn off the bus or vehicle engine upon stopping at a school or within 100 feet of a school, and must not turn the bus or vehicle engine on more than 30 seconds before beginning to depart from a school or from within 100 feet of a school; and (B) must not cause or allow a bus or vehicle to idle at any location greater than 100 feet from a school for: (i) more than five consecutive minutes; or (ii) a period or periods aggregating more than five minutes in any one hour. (2) A driver of a transit bus or of a commercial motor vehicle not identified in (c)(1): (A) must turn off the bus or vehicle engine upon stopping at a school and must not turn the bus or vehicle engine on more than 30 seconds before beginning to depart from a school; and (B) must not cause or allow a bus or vehicle to idle at any location within 100 feet of, but not at, a school for: (i) more than five consecutive minutes; or (ii) a period or periods aggregating more than five minutes in any one hour. (3) A motor carrier of a school bus, school pupil activity bus, youth bus, or general public paratransit vehicle must ensure that: (A) the bus or vehicle driver, upon employment and at least once per year thereafter, is informed of the requirements in (c)(1), and of the consequences, under this section and the motor carrier's terms of employment, of not complying with those requirements; (B) all complaints of non-compliance with, and enforcement actions related to, the requirements of (c)(1) are reviewed and remedial action is taken as necessary; and (C) records of (3)(A) and (B) are kept for at least three years and made available or accessible to enforcement personnel as defined in subsection (g) within three business days of their request. (4) A motor carrier of a transit bus or of a commercial motor vehicle not identified in (c)(1) must ensure that: (A) the bus or vehicle driver, upon employment and at least once per year thereafter, is informed of the requirements in (c)(2), and of the consequences, under this section and the motor carrier's terms of employment, of not complying with those requirements; (B) all complaints of non-compliance with, and enforcement actions related to, the requirements of (c)(2) are reviewed and remedial action is taken as necessary; and (C) records of (4)(A) and (B) are kept for at least three years and made available or accessible to enforcement personnel as defined in subsection (g) within three business days of their request. (d) Exemptions This section does not apply for the period or periods during which: (1) idling is necessary while stopped: (A) for an official traffic control device; (B) for an official traffic control signal; (C) for traffic conditions over which the driver has no control, including, but not limited to: stopped in a line of traffic; or (D) at the direction of a peace officer; (2) idling is necessary to ascertain that the school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, or other commercial motor vehicle is in safe operating condition and equipped as required by all provisions of law, and all equipment is in good working order, either as part of the driver's daily vehicle inspection, or as otherwise needed; (3) idling is necessary for testing, servicing, repairing, or diagnostic purposes; (4) idling is necessary, for a period not to exceed three to five minutes (as per the recommendation of the manufacturer), to cool down a turbo-charged diesel engine before turning the engine off; (5) idling is necessary to accomplish work for which the vehicle was designed, other than transporting passengers, for example: (A) collection of solid waste or recyclable material by an entity authorized by contract, license, or permit by a school or local government; (B) controlling cargo temperature; or (C) operating a lift, crane, pump, drill, hoist, mixer, or other auxiliary equipment other than a heater or air conditioner; (6) idling is necessary to operate: (A) a lift or other piece of equipment designed to ensure safe loading, unloading, or transport of persons with one or more disabilities; or (B) a heater or an air conditioner of a bus or vehicle that has, or will have, one or more children with exceptional needs aboard; (7) idling is necessary to operate defrosters, heaters, air conditioners, or other equipment to ensure the safety or health of the driver or passengers, or as otherwise required by federal or State motor carrier safety regulations; or (8) idling is necessary solely to recharge a battery or other energy storage unit of a hybrid electric bus or vehicle. (e) Relationship to Other Law Nothing in this section allows idling in excess of other applicable law, including, but not limited to: (1) Title 13 California Code of Regulations Section 1226; (2) Vehicle Code Section 22515; or (3) any local ordinance or requirement as stringent as, or more stringent than, this section. (f) Penalties (1) For each violation of subsection (c)(1), a driver of a school bus, school pupil activity bus, youth bus, or general public paratransit vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties to the maximum extent provided by law. (2) For each violation of subsection (c)(2), a driver of a transit bus or other commercial motor vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties to the maximum extent provided by law. (3) For each violation of subsection (c)(3), a motor carrier of a school bus, school pupil activity bus, youth bus, or general public paratransit vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties to the maximum extent provided by law. (4) For each violation of subsection (c)(4), a motor carrier of a transit bus or other commercial motor vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties to the maximum extent provided by law. (g) Enforcement. This section may be enforced by the Air Resources Board, peace officers as defined in California Penal Code, title 3, chapter 4.5, Sections 830 et seq. and their respective law enforcement agencies' authorized representatives, and air pollution control or air quality management districts. (h) Definitions. The following terms are defined for the purposes of this section: (1) Children With Exceptional Needs. "Children with exceptional needs" means children meeting eligibility criteria described in Education Code Section 56026. (2) Commercial Motor Vehicle. "Commercial Motor Vehicle" means any vehicle or combination of vehicles defined in Vehicle Code Section 15210(b) and any other motor truck with a gross vehicle weight rating of 10,001 pounds or more, with the following exceptions: (A) a zero emission vehicle; or (B) a pickup truck defined in Vehicle Code Section 471. (3) Driver. "Driver" means any person who drives or is in actual physical control of a vehicle. (4) General Public Paratransit Vehicle. "General public paratransit vehicle" means any motor vehicle defined in Vehicle Code Section 336, other than a zero emission general public paratransit vehicle, that is transporting school pupils at or below the 12th grade level to or from public or private schools or public or private school activities. (5) Gross Vehicle Weight Rating. "Gross vehicle weight rating" means the weight specified by the manufacturer as the loaded weight of a single vehicle. (6) Hybrid Electric Bus or Vehicle. "Hybrid electric bus or vehicle" means any school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, or other commercial motor vehicle equipped with at least the following two sources of motive energy on board: (A) an electric drive motor that must be used to partially or fully drive the bus or vehicle wheels; and (B) one of the following: (i) an internal combustion engine; (ii) a turbine; or (iii) a fuel cell. (7) Idling. "Idling" means the engine is running while the bus or vehicle is stationary. (8) Motor Carrier. "Motor carrier" means the registered owner, lessee, licensee, school district superintendent, or bailee of any school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, or other commercial motor vehicle who operates or directs the operation of any such bus or vehicle on either a for-hire or not-for-hire basis. (9) Motor Truck. "Motor truck" or "motortruck" means a motor vehicle designed, used, or maintained primarily for the transportation of property. (10) Official Traffic Control Device. "Official traffic control device" means any sign, signal, marking or device, consistent with Section 21400 of the Vehicle Code, placed or erected by authority of a public body or official having jurisdiction, for the purpose of regulating, warning, or guiding traffic, but does not include islands, curbs, traffic barriers, speed humps, speed bumps, or other roadway design features. (11) Official Traffic Control Signal. "Official traffic control signal" means any device, whether manually, electrically, or mechanically operated, by which traffic is alternately directed to stop and proceed and which is erected by authority of a public body or official having jurisdiction. (12) School. "School" means any public or private school used for the purposes of education and instruction of more than 12 school pupils at or below the 12th grade level, but does not include any private school in which education and instruction is primarily conducted in private homes. The term includes any building or structure, playground, athletic field, or other area of school property. The term excludes unimproved school property. (13) School Bus. "School bus" means any school bus defined in Vehicle Code Section 545, except a zero emission school bus. (14) School Pupil Activity Bus. "School pupil activity bus" means any bus defined in Section 546 of the Vehicle Code, except a zero emission school pupil activity bus. (15) Transit Bus. "Transit bus" means any bus defined in Vehicle Code Section 642, except a zero emission transit bus. (16) Youth Bus. "Youth bus" means any bus defined in Vehicle Code Section 680, except a zero emission youth bus. (17) Zero Emission School Bus, Transit Bus, School Pupil Activity Bus, Youth Bus, General Public Paratransit Vehicle, or Other Commercial Motor Vehicle. A "zero emission school bus, transit bus, school pupil activity bus, youth bus, general public paratransit vehicle, or other commercial motor vehicle" means any bus or vehicle certified to zero-emission standards. Note: Authority cited: Sections 39600, 39601, 39658, 39667 and 39674, Health and Safety Code; andWestern Oil & Gas Assn. v. Orange County Air Pollution Control Dist. (1975) [14 Cal.3d.411]. Reference: Sections 39002, 39003, 39027, 39500, 39600, 39650, 39655, 39656, 39657, 39658, 39659, 39662, 39665, 39674, 39675 and 42403.5, Health and Safety Code; and Section 27153, Vehicle Code. s 2485. Airborne Toxic Control Measure to Limit Diesel-Fueled Commercial Motor Vehicle Idling. (a) Purpose. The purpose of this airborne toxic control measure is to reduce public exposure to diesel particulate matter and other air contaminants by limiting the idling of diesel-fueled commercial motor vehicles. (b) Applicability. This section applies to diesel-fueled commercial motor vehicles that operate in the State of California with gross vehicular weight ratings of greater than 10,000 pounds that are or must be licensed for operation on highways. This specifically includes: (1) California-based vehicles; and (2) Non-California-based vehicles. (c) Requirements. On or after February 1, 2005, the driver of any vehicle subject to this section: (1) shall not idle the vehicle's primary diesel engine for greater than 5.0 minutes at any location, except as noted in Subsection (d); and (2) shall not operate a diesel-fueled auxiliary power system (APS) to power a heater, air conditioner, or any ancillary equipment on that vehicle during sleeping or resting in a sleeper berth for greater than 5.0 minutes at any location when within 100 feet of a restricted area, except as noted in Subsection (d). (d) Exceptions. Subsection (c) does not apply for the period or periods during which (1) a bus is idling for (A) up to 10.0 minutes prior to passenger boarding, or (B) when passengers are onboard; (2) idling of the primary diesel-engine is necessary to power a heater, air conditioner, or any ancillary equipment during sleeping or resting in a sleeper berth. This provision does not apply when operating within 100 feet of a restricted area; (3) idling when the vehicle must remain motionless due to traffic conditions, an official traffic control device, or an official traffic control signal over which the driver has no control, or at the direction of a peace officer, or operating a diesel-fueled APS at the direction of a peace officer; (4) idling when the vehicle is queuing that at all times is beyond 100 feet from any restricted area; (5) idling of the primary engine or operating a diesel-fueled APS when forced to remain motionless due to immediate adverse weather conditions affecting the safe operation of the vehicle or due to mechanical difficulties over which the driver has no control; (6) idling to verify that the vehicle is in safe operating condition as required by law and that all equipment is in good working order, either as part of a daily vehicle inspection or as otherwise needed, provided that such engine idling is mandatory for such verification; (7) idling of the primary engine or operating a diesel-fueled APS is mandatory for testing, servicing, repairing, or diagnostic purposes; (8) idling when positioning or providing a power source for equipment or operations, other than transporting passengers or propulsion, which involve a power take off or equivalent mechanism and is powered by the primary engine for: (A) controlling cargo temperature, operating a lift, crane, pump, drill, hoist, mixer (such as a ready mix concrete truck), or other auxiliary equipment; (B) providing mechanical extension to perform work functions for which the vehicle was designed and where substitute alternate means to idling are not reasonably available; or (C) collection of solid waste or recyclable material by an entity authorized by contract, license, or permit by a school or local government; (9) idling of the primary engine or operating a diesel-fueled APS when operating defrosters, heaters, air conditioners, or other equipment solely to prevent a safety or health emergency; (10) idling of the primary engine or operating a diesel-fueled APS by authorized emergency vehicles while in the course of providing services for which the vehicle is designed; (11) idling of military tactical vehicles during periods of training; and (12) idling when operating equipment such as a wheelchair or people assist lift as prescribed by the Americans with Disabilities Act; (e) Relationship to Other Law. Nothing in this section allows idling in violation of other applicable law, including, but not limited to: (1) California Vehicle Code Section 22515; (2) Title 13, Section 2480, California Code of Regulations; (3) California Health and Safety Code Section 40720; or (4) any applicable ordinance, rule, or requirement as stringent as, or more stringent than, this section. (f) Enforcement. This section may be enforced by the Air Resources Board; peace officers as defined in California Penal Code, title 3, chapter 4.5, Sections 830 et seq. and their respective law enforcement agencies' authorized representatives; and air pollution control or air quality management districts. (g) Penalties. For violations of subsection (c)(1) or (c)(2), the driver of a subject vehicle is subject to a minimum civil penalty of 100 dollars and to criminal penalties as specified in the Health and Safety Code and the Vehicle Code. (h) Definitions. The following definitions apply to this section: (1) "Authorized emergency vehicle" is as defined in Vehicle Code Section 165. (2) "Auxiliary power system" or "APS" means any device that provides electrical, mechanical, or thermal energy to the primary diesel engine, truck cab, or sleeper berth as an alternative to idling the primary diesel engine. (3) "Bus" means any vehicle defined in Title 13, California Code of Regulations, Section 2480, subsections (h) (13)-(16), inclusive or as defined in the Vehicle Code Section 233. (4) "Commercial Motor Vehicle" means any vehicle or combination of vehicles defined in Vehicle Code Section 15210(b) and any other motor truck or bus with a gross vehicle weight rating of 10,001 pounds or more, except the following: (A) a zero emission vehicle; or (B) a pickup truck as defined in Vehicle Code Section 471. (5) "Driver" is as defined in Vehicle Code Section 305. (6) "Gross vehicle weight rating" is as defined in Vehicle Code Section 350. (7) "Highway" is as defined in Vehicle Code Section 360. (8) "Idling" means the vehicle engine is running at any location while the vehicle is stationary. (9) "Motor truck" or "motortruck" means a motor vehicle designed, used, or maintained primarily for the transportation of property. (10) "Official traffic control device" is as defined in Vehicle Code Section 440. (11) "Official traffic control signal" is as defined in Vehicle Code Section 445. (12) "Owner" is as defined in Vehicle Code Section 460. (13) "Primary diesel engine" means the diesel-fueled engine used for vehicle propulsion. (14) "Queuing" means (A) through (C) (A) the intermittent starting and stopping of a vehicle; (B) while the driver, in the normal course of doing business, is waiting to perform work or a service; and (C) when shutting the vehicle engine off would impede the progress of the queue and is not practicable. (D) Queuing does not include the time a driver may wait motionless in line in anticipation of the start of a workday or opening of a location where work or a service will be performed. (15) "Restricted area" means any real property zoned for individual or multifamily housing units that has one or more of such units on it. (16) "Safety or health emergency" means: (A) a sudden, urgent, or usually unforeseen, occurrence; or (B) a foreseeable occurrence relative to a medical or physiological condition. (17) "Sleeper berth" is as defined in Title 13, California Code of Regulations, Section 1265. (18) "Vehicle" is as defined in the Vehicle Code Section 670. Note: Authority cited: Sections 39600, 39601, 39614(b)(6)(A), 39658, 39667, 43000.5(d), 43013(b), 43013(h), 43018(b) and 43018(c), Health and Safety Code; andWestern Oil & Gas Assn. v. Orange County Air Pollution Control Dist.(1975), 14 Cal.3d.411. Reference: Sections 39002, 39003, 39027, 39500, 39600, 39650, 39655, 39656, 39657, 39658, 39659, 39662, 39665, 39674, 39675, 42400, 42400.1, 42400.2, 42400.3, 42402, 42402.1, 42402.2, 42402.3, 42403.5, 42410, 43013 and 43018, Health and Safety Code; Sections 305, 336, 350, 440, 445, 545, 546, 642, 680, 21400, 22452, 22515, 27153, 40001 and 40001(b)(5), Vehicle Code; and Sections 1201, 1900, 1962 and 2480, Title 13, California Code of Regulations. s 2500. Phase-Out of CFC Refrigerants in New Motor Vehicle Air Conditioning Systems for Model Years 1993 and Subsequent. (a) Applicability This section is applicable to all new 1993 and subsequent model year motor vehicles which are sold, supplied, or offered for sale in California on or after January 1, 1993, and which are either (1) certified pursuant to article 2 (commencing with section 1950) or article 7 (commencing with section 2047) of Chapter 1, Division 3, Title 13, California Code of Regulations; or (2) federally certified vehicles which are sold in California pursuant to Health and Safety Code Section 43102; or (3) heavy-duty diesel-powered motor vehicles, with the exception of such vehicles which are classified as "off-road vehicles" as defined in section 2421(a)(19) of Chapter 11, Division 3, Title 13, California Code of Regulations. (b) Definitions The definitions of this section supplement and are governed by the definitions set forth in Chapter 2 (commencing with section 39010), Part 1, Division 26 of the Health and Safety Code. The following definitions shall also govern the provisions of this section: (1) "Authorized dealership" means any dealership to which a manufacturer supplies new motor vehicles for the purpose of reselling such vehicles to the ultimate purchaser. (2) "Authorized supplier" means any person supplying, to a manufacturer's authorized dealership, air conditioning systems which may be installed in a new motor vehicle under warranty from the manufacturer. (3) "Calendar quarter" means any of those three-month periods of time which start on the first days of January, April, July, and October. (4) "CFC refrigerants" means any of the compounds commonly known as Chlorofluorocarbon-11 (CFC-11 or trichlorofluoromethane) or Chlorofluorocarbon-12 (CFC-12 or dichlorodifluoromethane). (5) "Dealership" shall have the same meaning as the term "dealer", as defined in section 285 of the Vehicle Code. (6) "Executive Officer" means the Executive Officer of the Air Resources Board, or his or her delegate. (7) "Factory-installed" means installed at a manufacturer's motor vehicle production facility or port-of-entry facility. (8) "Incomplete vehicle" means any vehicle which does not have the primary load carrying device or container attached by the original manufacturer. (9) "Manufacturer" means any person engaged in the production of new motor vehicles from raw materials or new basic components, in order to sell such vehicles for money or other thing of value. Except as noted below, for a vehicle which is produced by one manufacturer and sold to a dealership or the ultimate purchaser by another manufacturer, the manufacturer for whom the requirements of this section are applicable shall be the manufacturer who sells, supplies, or offers the vehicle for sale to the dealership or the ultimate purchaser. For incomplete vehicles only, the manufacturer for whom the requirements of this section are applicable shall be the initial manufacturer who predetermines the type of air conditioning system, if the air conditioning system that is ultimately installed is the same as the predetermined system. If the air conditioning system that is ultimately installed is not the same as the predetermined system, the manufacturer for whom the requirements of this section are applicable shall be the manufacturer who ultimately installs the air conditioning system. For the purposes of this section, "predetermine" means to either (1) manufacture or physically configure the vehicle in such a way, or (2) partially install the compressor, condenser, or other air conditioning components in such a way, that the specific configuration or installation is compatible with an air conditioning system that uses only one particular type of refrigerant. (10) "Motor vehicle," as used in this section 2500, means those categories of motor vehicles that are specified in subsection (a). (11) "Port-of-entry facility" means a facility at which a manufacturer's vehicles first arrive in the United States, and at which vehicles originally produced without vehicle air-conditioning systems may have such systems installed. (12) "Small-volume manufacturer" means any manufacturer which sells less than 3000 new motor vehicles in California during the applicable model-year. (13) "Vehicle air-conditioner" means any mechanical vapor compression refrigeration equipment used to cool the driver's or passenger compartment of any motor vehicle. "Vehicle air-conditioning system" has the same meaning as "vehicle air-conditioner." (c) Percentage of Air-Conditioner-Equipped New Motor Vehicles Which May Use CFC Refrigerants for Vehicle Air Conditioning. (1) Unless an applicable exemption has been granted pursuant to subsection (e), each manufacturer's percentage of air-conditioner equipped new motor vehicles that are sold, supplied, or offered for sale in California, and use or contain any CFC refrigerant for air-conditioning, shall not exceed the following percentages for the specified model years during the specified time periods: Maximum Vehicle Model Year Time Period Percentage 1993 and 1994 January 1, 1993- December 31, 1993 90 [FNa1] 1994 and 1995 January 1, 1994- December 31, 1994 75 [FNa1] 1995 September 1, 1994- December 31, 1994 10 [FNa1] These requirements shall not apply to small volume manufacturers. Compliance with the "maximum vehicle percentage" requirements shall be determined as set forth in subsections (d)(3) and (d)(4). (2) Effective January 1, 1995, no person shall sell, supply, or offer for sale in California any new 1995 or later model-year motor vehicle using any CFC refrigerant for vehicle air conditioning. (3) Unless an applicable exemption has been granted pursuant to subsection (e), any person who fails to meet the requirements of subsections (c)(1) or (c)(2) shall be subject to the civil penalties specified in Health and Safety Code section 44474. For the purposes of Health and Safety Code section 44474: (A) Any cause of action against a manufacturer under subsection (c) shall be deemed to accrue on the date(s) when the records required pursuant to subsection (d)(4) are submitted by a manufacturer to the Executive Officer, and (B) A separate "incident" of violation shall be deemed to have occurred: 1. for each new motor vehicle which is sold, supplied, or offered for sale in California in excess of the allowable percentages specified in subsection (c)(1); or 2. for each new motor vehicle which is sold, supplied, or offered for sale in violation of subsection (c)(2); or 3. for each day in which a manufacturer fails to submit any required report by the time deadlines specified in subsection (d). (d) Reporting Requirements and Compliance Determination (1) No later than 30 days prior to the start of each calendar year, each manufacturer shall submit to the Executive Officer a good faith statement describing whether, during the following calendar year, compliance with the phase-out percentages specified in subsection (c)(1) will be achieved, or whether an exemption will be applied for. (2) Commencing with the calendar quarter which begins on January 1, 1993, each manufacturer shall submit to the Executive Officer a quarterly report within 45 days of the end of each calendar quarter. Each quarterly report shall list the number and the model year of all air-conditioned-equipped new motor vehicles produced and delivered for sale in California by the manufacturer during the immediately preceding quarterly period, and the number and percentages of these vehicles using factory-installed CFC and non-CFC vehicle air-conditioning systems. For 1995 model-year vehicles only, the quarterly report for the period October-December 1994 shall also include the above information for the period September-December 1994. (3) Commencing with the 1993 calendar year, each manufacturer shall submit to the Executive Officer an annual report within 45 days of the end of each calendar year. Each annual report shall list the number and model year of all air-conditioner-equipped new motor vehicles produced and delivered for sale in California by the manufacturer during the immediately preceding calendar year. Each annual report shall also include the number and percentage of these vehicles using factory-installed CFC air-conditioning systems (F a) and factory-installed non-CFC air-conditioning systems (F b). Each report shall also include the percentage of the manufacturer's total production of new motor vehicles produced and delivered for sale in California with factory-installed vehicle air-conditioning systems during the immediately preceding calendar year (CY 1), and during each of the calendar years prior to the immediately preceding calendar year (CY 2, CY 3, and CY 4). Provided that the quantity CY 1 is greater than or equal to 0.95 times the average of CY 2, CY 3, and CY 4, then (A) compliance with the "maximum vehicle percentage" requirements of subsection (c)(1) for each model year during the applicable time period shall be determined by comparison of F a with the applicable "maximum vehicle percentage" requirements, and (B) the manufacturer shall not be subject to the provisions set forth in subsection (d)(4). (4) If the quantity CY 1 is less than 0.95 times the average of CY 2, CY 3, and CY 4, the manufacturer shall supplement the information contained in the annual report within 60 days of submitting the report to the Executive Officer. The supplemental information shall detail the number and model year of new motor vehicles sold to the ultimate purchaser: (A) without air-conditioning, (B) with non-CFC manufacturer-warranted vehicle air-conditioner systems installed by the manufacturer's authorized dealerships, and (C) with CFC manufacturer-warranted vehicle air-conditioner systems installed by the manufacturer's authorized dealerships. The supplemental information shall then be used to determine the "actual percentage" of a manufacturer's air-conditioned-equipped new motor vehicles, sold during the applicable time periods, that use or contain CFC refrigerants. Compliance with the "maximum vehicle percentage" requirements of subsection (c)(1) shall be based on a comparison of this "actual percentage" with the applicable "maximum vehicle percentage" requirement. (5) The reporting requirements of this subsection (d) shall cease to apply for any manufacturer that has submitted an annual report demonstrating that no new motor vehicles equipped with CFC- refrigerant air-conditioning systems were produced and delivered for sale by the manufacturer in California. (6) Notwithstanding the provisions of subsections (d)(1) and (d)(2), small volume manufacturers shall not be required to (A) submit any quarterly reports for the time period from January 1, 1993, to August 31, 1994, or (B) submit annual reports for the 1993 or 1994 calendar years. (e) Exemptions (1) Any manufacturer who cannot comply with the requirements set forth in subsection (c) may apply in writing to the Executive Officer for an exemption. The exemption application form shall set forth: (A) the specific grounds upon which the exemption is sought; (B) the proposed date(s) by which compliance with the provisions of subsection (c) will be achieved; and (C) a plan reasonably detailing the method(s) by which compliance will be achieved. (2) Within 90 days of receipt of an exemption application containing the information required in subsection (e)(1), the Executive Officer shall determine whether, under what conditions, and to what extent, an exemption from the requirements of subsection (c) is necessary and will be permitted. (3) No exemption shall be granted unless all of the following findings are made: (A) that, because alternatives to CFC refrigerants are not yet available or in sufficient supply, or because a manufacturer requires additional time to redesign and produce vehicle air conditioning systems, requiring compliance with subsection (c) would result in a severe economic hardship; (B) that the compliance plan proposed by the manufacturer can reasonably be implemented and will achieve compliance as expeditiously as possible. (4) The exemption order shall specify a final compliance date by which the requirements of subsection (c) will be achieved. Any exemption order may contain a condition which specifies increments of progress necessary to assure timely compliance, and such other conditions as the Executive Officer finds necessary to carry out the purposes of Health and Safety Code sections 44470-44474. No exemption shall allow an extension of more than two years for any of the time deadlines specified in subsection (c). (5) An exemption shall cease to be effective upon failure of the party to whom the exemption was granted to substantially comply with any condition specified in the exemption order. (6) The Executive Officer may review, and for good cause, modify or revoke an exemption as is necessary to assure that the purposes of Health and Safety Code Sections 44470-44474 are met. The Executive Office shall not revoke or modify an exemption without first affording the manufacturer an opportunity for a hearing in accordance with the procedures specified in Title 17, California Code of Regulations, Division 3, Chapter 1, Subchapter 1, Article 4 (commencing with section 60040), to determine if the exemption should be modified or revoked. Note: Authority cited: Sections 39600, 39601 and 44473, Health and Safety Code. Reference: Sections 39002, 39003 and 44470-44474, Health and Safety Code; and Section 338(k), Code of Civil Procedure. s 2600. Purpose. (a) The provisions of this article apply to the generation of emission reduction credits through the accelerated retirement of light-duty on-road motor vehicles, including passenger cars and light-duty trucks. (b) Within five years from the effective date of adoption or date of implementation, whichever comes later, the Air Resources Board, in consultation with the Secretary for Environmental Protection, shall review the provisions of this chapter to determine whether it should be retained, revised or repealed. Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100 and 44101, Health and Safety Code. s 2601. Definitions. (a) "voluntary accelerated vehicle retirement" ( "VAVR") means the use of cash payments or other incentives to encourage a vehicle owner to voluntarily retire his or her vehicle from service earlier than otherwise would have occurred; (b) "Inspection and Maintenance Program" ( "I/M") or "Smog Check" means the motor vehicle inspection program established by the Health and Safety Code section 44000, et seq.; (c) "enterprise operator" means a person who conducts a voluntary accelerated vehicle retirement enterprise according to these regulations. The enterprise operator purchases vehicles, arranges for a vehicle's permanent removal from operation, and receives any emission reduction credit generated thereby; (d) "dismantler" means the person or business, defined and licensed according to the requirements of the California Vehicle Code s220, s221, s11500, et seq., and other business codes and the regulations of the Department of Motor Vehicles, who dismantles or otherwise removes from service those vehicles obtained as part of a voluntary accelerated vehicle retirement enterprise; (e) "emission reduction credit" means a credit representing the amount of emission reductions from accelerated retirement of vehicles, which can be applied to the emission reduction obligations of another source or to air quality attainment goals. VAVR enterprises can generate emission reduction credits that may be sold on the open market; (f) "pilot program" means a limited VAVR enterprise to be conducted under contract to the Air Resources Board ( "ARB" or "Board"), to be completed no later than two (2) years following adoption of these regulations, with the intent of assessing the effectiveness of such enterprises and of these regulations; (g) "SIP" means the State Implementation Plan for ozone attainment, approved by the Board in 1994 and as subsequently amended; (h) "measure M1" means the mobile source control measure of the SIP that calls for utilizing VAVR enterprises in the South Coast Air Basin for the purpose of achieving needed emission reductions; (i) "NOx" means oxides of nitrogen, NO and NO2, measured as NO2, emitted in automotive exhaust; (j) "CO" means carbon monoxide, as emitted in automotive exhaust; (k) "PM" means particulate matter, as emitted in automotive exhaust; (l) "ROG" means reactive organic gases, as emitted in both automotive exhaust and evaporative emissions; (m) "district" means local air quality management district or air pollution control district that has responsibility for administering VAVR enterprises within its jurisdiction; (n) "Executive Officer" means the Executive Officer of the Air Resources Board; (o) "collector-interest vehicle" means any vehicle purchased by a car collector or car enthusiast primarily for its historic or esthetic value, rather than primarily as a means of transportation; (p) "gross polluter" means a vehicle failing required emissions testing with emission levels in the gross polluter category, and which has not been repaired and subsequently retested to show its emission levels have been brought into compliance. This includes vehicles registered and operating under the authority of a repair cost waiver or economic hardship extension; (q) "high emitter" means a vehicle failing required emissions testing with emission levels in the high emitter category, and which has not been repaired and subsequently retested to show its emission levels have been brought into compliance. This includes vehicles registered and operating under the authority of a repair cost waiver or economic hardship extension; (r) "emissions-related part" means any automotive part, which affects any regulated emissions from a motor vehicle that is subject to California or federal emissions standards. This includes, but is not limited to, those parts specified in the "Emissions-Related Parts List," adopted by the State Board on November 4, 1977, as last amended June 1, 1990. (s) "drive train parts" are all parts associated with the drive train such as engine, drive mechanism, transmission, differential, axles and brakes. Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44081, 44090, 44100, 44101, 44102, 44103, 44105 and 44122, Health and Safety Code. s 2602. District Responsibility. (a) Within six (6) months of the date of adoption of these regulations, each district allowing the operation of VAVR enterprises within its jurisdiction shall implement and enforce these regulations, or shall amend existing rules to comply with these regulations; (b) All operators of VAVR enterprises shall comply with district rules and these regulations; (c) Each participating district shall have responsibility, with ARB oversight, for administering and auditing VAVR enterprises conducted within its jurisdiction; (d) In accordance with all state, federal and local laws, rules and regulations, each participating district shall administer and monitor the use of credits generated by enterprises operated under these regulations and shall, with ARB oversight, certify or reject the accuracy and validity of any credits generated, as required; Each particpating district will retain the records received according to subparagraphs s2609(a)(2) and (3) for a period not less than the life of the related credits; (e) Each participating district shall be responsible for verifying that any vehicle accepted for participation in a VAVR enterprise within sixty-one to ninety (61-90) days of its next required Smog Check inspection has not failed the Smog Check inspection during this time frame. Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100 and 44101, Health and Safety Code. s 2603. Vehicle Eligibility. (a) To be eligible for generation of emission reduction credits through a VAVR enterprise, a vehicle shall meet the following criteria: (1) It shall be voluntarily sold to the enterprise operator for a price mutually agreed between the vehicle seller and the enterprise operator; (2) It shall be currently registered with the Department of Motor Vehicles as an operable vehicle, and shall have been so registered for 120 days prior to the final date of sale to the VAVR enterprise, to an address or addresses within the district in which the enterprise is being operated. Smog Checks must be performed as required by the Department of Motor Vehicles in order for the vehicle to be considered registered; (A) If a vehicle owner has sold a vehicle to an enterprise operator within the previous twelve (12) months, any subsequent vehicles offered to the same enterprise operator must have been registered continuously to that owner for the previous twenty-four (24) month period, in addition to meeting all other requirements of this section; (B) Determination of an individual vehicle's registration history shall be based on: 1. registration data for that vehicle obtained from Department of Motor Vehicles records; 2. If (A) provides inconclusive results for an individual vehicle, then copies of the applicable vehicle registration certificates may be used; (3) It shall be a passenger car or a light-duty truck; (4) It shall be driven to the purchase site under its own power; (5) It shall not be operating under a Smog Check repair cost waiver or economic hardship extension; (6) If a vehicle volunteered for retirement is within sixty (60) days of its next required Smog Check inspection, the following criteria must be met: (A) The vehicle shall pass the Smog Check inspection without receiving a repair cost waiver or economic hardship extension prior to acceptance by a VAVR enterprise operator; (B) Owners of vehicles requiring Smog Check inspections pursuant to s2603(a)(6) shall be required to submit documentation issued by a licensed Smog Check station demonstrating compliance with s2603(a)(6)(A). The documentation shall be submitted to the person performing the functional and equipment eligibility inspection pursuant to s2603(b). (b) Each vehicle shall pass a functional and equipment eligibility inspection performed by the VAVR enterprise operator or other ARB-approved inspector (inspector), conducted on-site at the VAVR enterprise location. The following elements shall be included in the inspection: (1) The candidate vehicle must have been driven to the inspection site under its own power. If an inspector has knowledge that a vehicle was towed or pushed for any portion of the trip to the inspection site, then the inspector shall not approve the vehicle for eligibility in a VAVR program; (2) The inspector shall inspect the vehicle to ensure it meets the following requirements and shall reject the vehicle for emission reduction credit generation if the vehicle fails any of these requirements; (A) All doors shall be present and in place. (B) The hood shall be present and in place; (C) The dashboard shall be in place; (D) Windshield shall be present and in place; (E) The driver's seat must be present and in place; (F) Interior pedals shall be operational; (G) One bumper and all side and/or quarter panels shall be present and in place. Vehicle driveability must not be affected by any body, steering or suspension damage. Exhaust shall be present. (H) One headlight, one taillight and one brake light shall be present and in place; (I) One side window glass shall be present and in place; (J) The requirements of s2603(a)(5) and s2603(a)(6) regarding Smog Check status have been met; (3) The inspector shall complete the following functional inspection, and shall reject the vehicle for credit generation if the vehicle fails to complete the following test: Insert key, vehicle engine shall start using keyed ignition system. In addition to the keyed ignition switch, ignition or fuel kill switch may be activated if required to start engine. The vehicle must start readily through ordinary means without the use of starting fluids or external booster batteries. The vehicle shall be driven forward for a minimum of 25 feet under its own power. The vehicle shall be driven in reverse for a minimum of 25 feet under its own power; (4) Upon satisfactory completion of the inspection, the inspector will issue a certificate of functional and equipment eligibility; (A) A master copy of the certificate of functional and equipment eligibility is included in the document "Voluntary Accelerated Vehicle Retirement Certificate of Functional and Equipment Eligibility Inspection Form", as specified in Appendix A to this Article 1; (5) Vehicles failing the requirements pursuant to s2603(b)(1) and s2603(b)(3), may be retested by the inspector for compliance with these requirements and issued a certificate of functional and equipment eligibility provided the vehicle has traveled a minimum of 50 miles subsequent to the failure determination. Vehicles with inoperable vehicle odometers must be fixed prior to conducting this test. Vehicles failing the requirements pursuant to s2603(b)(2) may be retested by the inspector for compliance with these requirements and issued a certificate of functional and equipment eligibility at any time after modifications have been made to the vehicle; (c) Districts may adopt vehicle functional and equipment eligibility inspection requirements that are more stringent than those specified in s2603(b). In doing so, districts may not omit or weaken any of the required functional or equipment tests; they may only add additional tests or adopt a more stringent version of a specified test. Note: Authority cited: Sections 39600, 39601, 44101 and 44102, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102, 44103 and 44107, Health and Safety Code. s 2604. VAVR Enterprise Operator Requirements. (a) The enterprise operator shall either: (1) be an auto dismantler, licensed according to the requirements of the California Vehicle Code and other business codes and the regulations of the Department of Motor Vehicles, for the purpose of vehicle disposal after purchase, or: (2) have a binding agreement with a duly authorized auto dismantler, for the purpose of vehicle disposal after purchase; (b) At least thirty (30) days prior to commencing operations as a voluntary accelerated vehicle retirement enterprise operator, the operator shall notify the local district, in writing, of the intent to conduct such operations; (1) The notification shall be submitted on forms specified by a district and shall contain information demonstrating the ability to comply with all provisions of this rule. This information shall include, but is not limited to, enterprise operator name and business address, licensed auto dismantler name and business address, anticipated initiation date and duration of vehicle retirement operation, time of vehicle intake, a written statement from the auto dismantler under penalty of perjury certifying compliance with local water conservation regulations, state, county, and city energy and hazardous materials response regulations, and local water agency soil, surface, and ground water contamination regulations, and any other information requested in applicable district rules; (2) The local district shall have the right to refuse permission to generate emission reduction credits through voluntary accelerated vehicle retirement to any requesting operator deemed by the local district as not meeting the requirements of these regulations or any applicable district rules; (3) The district may assess an application fee to cover the costs of this approval process; (c) The enterprise operator shall be required to contract with an ARB-approved inspection entity, to provide inspector services to perform the vehicle functional and equipment eligibility inspection specified in section s2603(b) on-site at VAVR enterprise locations, if the VAVR enterprise operator is unable to or chooses not to perform this function; (d) For a vehicle purchased as part of a VAVR enterprise and whose accelerated retirement creates emission reductions to be used as the basis for generating emission reduction credits, the enterprise operator shall: (1) verify that the vehicle meets the vehicle registration eligibility requirements of s2603(a)(2); and (2) obtain from the vehicle owner the certificate of functional and equipment eligibility issued per s2603(b); (e) At time of final sale of a vehicle to the VAVR enterprise, the enterprise operator shall verify that the person delivering the vehicle for sale is the legal owner or an authorized representative of the legal owner, properly empowered to complete the sale; (f) The enterprise operator shall provide to the district, by the 5th day of each month, a list of all vehicles accepted for participation into a VAVR enterprise that are within sixty-one to ninety days (61-90) of their next required Smog Check inspection for the purpose of district compliance with s2602(e). Information to be provided for each vehicle includes, but is not limited to, vehicle identification number (VIN); vehicle license plate number; and vehicle make, model, and model year; Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102, 44103, 44105, 44107 and 44120, Health and Safety Code. s 2605. Offering Vehicles to the Public. (a) There shall be a minimum period of ten (10) days between the day the VAVR enterprise operator provides a description of a vehicle to the local district and the day a Department of Motor Vehicles Registration 42 form (Report to Dismantler) is transmitted to the Department of Motor Vehicles for the vehicle. During this period, if any person contacts the enterprise operator and indicates an interest in purchasing the vehicle, the enterprise operator shall hold the vehicle for a minimum of an additional seven (7) days. During this extended waiting period, the enterprise operator shall arrange for the interested party to examine the vehicle and, if appropriate, negotiate the sale of the vehicle or any of its parts. Notwithstanding the foregoing, nothing in this section places the enterprise operator under any obligation to hold the vehicle for an interested party that has missed two or more prior appointments to examine any vehicle, or sell the vehicle or any of its parts if a mutually acceptable price cannot be negotiated. (1) The enterprise operator will submit to the local district a description of the vehicle including, at a minimum, the vehicle make, model year, and first eight characters of the VIN. The district will, in turn, make this information available to an appropriate segment of the public. The intent is to allow interested third parties, including car collector enthusiasts and those interested in affordable transportation, an opportunity to examine the car and to negotiate with the enterprise operator the purchase of the vehicle or any of its parts according to Title 13, California Code of Regulations, Chapter 13, Article 1, Section 2606. (2) Entire vehicles and/or parts may be sold prior to entry into the program; however, no emission reduction credits shall be granted for any vehicle resold to the public in this manner according to Title 13, California Code of Regulations, Chapter 13, Article 1, Section 2606. Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102, 44103, 44105, 44107, 44109 and 44120, Health and Safety Code. s 2606. Parts Recycling and Resale. (a) On vehicles used for the generation of emission reduction credits parts recycling and resale is limited to non-emission-related and non-drive train parts per the List of Emission-Drive Train Related Parts List shown in Appendix C to Article 1 - Emission/Drive Train-Related Parts List; (1) Parts recycling is at the sole discretion of the VAVR enterprise operator, subject to the limitations included herein; (b) After the ten-day waiting period (and additional seven-days if appointment for inspection is made) and prior to offering non-emission and non-drive train parts for resale, the engine, emission-related parts, transmission, and drive train parts must be removed from a vehicle used for the generation of emission reduction credits and destroyed by the enterprise operator, or the enterprise operator's duly contracted dismantler: (1) For the purpose of this regulation, a part will be considered destroyed when it has been punched, crushed, shredded or otherwise rendered permanently and irreversibly incapable of functioning as originally intended; (2) A checklist is provided in Appendix D to Article 1 - Quality Control Checklist with a list of emission-related and drive train parts that has check boxes for recording the status of parts, i.e., "removed" and "destroyed"; (A) The VAVR Enterprise Operator must complete the checklist by adding check marks in the appropriate columns as the emission-related and drive train parts are removed and destroyed; (B) For a part that appears on the checklist, but is not in the original design of the vehicle, the VAVR Enterprise Operator must enter "N/A" for "not applicable" in lieu of a check mark; (3) After all emission-related and drive train parts are removed and destroyed, a quality control inspector (designated by the VAVR Enterprise Operator) must perform an inspection of the non-emission-related and non-drive train parts as well as the vehicle body; (4) Upon verification by the quality control inspector that no emission-related parts or drive train parts have been exchanged with the non-emission-related, and non-drive train parts, the quality control inspector must sign the checklist; (5) After the quality control inspector signs the check list, the dismantler may place the remaining non-emission parts, non-drive train parts and vehicle body in yard to be available for sale to public; (c) If the VAVR Enterprise Operator does not recover parts from a vehicle, then the entire vehicle must be crushed within 90 days of acquisition by the operator; (1) No parts may be removed, for sale or reuse, from any crushed retired vehicle for the purpose of generating emission reduction credits. The only allowable use for any crushed retired vehicle is as a source of scrap metal and other scrap material; (2) An enterprise operator may separate ferrous and non-ferrous metals from a crushed retired vehicle to sell as a source of scrap metal only; (3) An enterprise operator may sell tires and batteries from a crushed retired vehicle to an intermediary tire/battery recycler only. All facilities generating or receiving waste tires must use the services of a registered tire hauler/recycler. Battery recyclers must be registered and licensed to handle batteries; (d) No emission reduction credits or other compensation with public funds shall be granted for any vehicle from which emission-related or drive train parts have been sold; (e) All activities associated with retiring vehicles, including but not limited to the disposal of vehicle fluids and vehicle components, shall comply with local water conservation regulations, state, county, and city energy and hazardous materials response regulations, and local water agency soil, surface, and ground water contamination regulations; (f) Local districts are required to perform audits of all parts recycling and resale activities; Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102, 44103, 44105, 44107 and 44120, Health and Safety Code. s 2607. Advertising. (a) Any advertising conducted by an enterprise operator for the purpose of recruiting vehicle owners to sell their cars into a VAVR enterprise shall not contain any language stating that the VAVR enterprise is anything but voluntary for the consumer or that the VAVR enterprise is affiliated with or is operated by the State of California; (1) Any contracts or agreements between a vehicle seller and an enterprise operator relating to the sale of a vehicle to a VAVR enterprise shall not contain any language stating that the VAVR enterprise is anything but voluntary for the consumer or that the VAVR enterprise is affiliated with or is operated by the State of California; (b) Any enterprise operator requesting the Department of Motor Vehicles to send notices to vehicle owners as prospective VAVR participants pursuant to Health and Safety Code s44103, shall meet the following requirements: (1) Prominently display the disclaimer statement as follows: "This voluntary accelerated vehicle retirement enterprise is conducted by a private operator under the auspices of the State of California and your local air pollution control district/air quality management district. It is not operated by the State of California. State funds are not used for the purchase of vehicles. Depending on location and other factors, resulting emission reduction credits may be purchased by the state to result directly in air quality improvements. Your participation is entirely voluntary." (2) Provide the Department of Motor Vehicles with adequate criteria for selecting as notice recipients those registered vehicle owners who own the desired target vehicles. Such criteria may consist of the desired vehicle makes, models, model years, geographical locales, or any other criteria deemed acceptable or necessary by the Department of Motor Vehicles; Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102, 44103, 44105, 44107 and 44109, Health and Safety Code. s 2608. Emission Reduction Credits. (a) Emission reduction credits shall be generated under these regulations for reductions of emissions of NOx, ROG, CO and PM, as provided in this section. The magnitude of the credit for each of these pollutants, as generated by the accelerated retirement of an individual vehicle, shall be based on emission reduction data contained in the document entitled "Voluntary Accelerated Light-Duty Vehicle Retirement Program Emission Reductions" as specified in Appendix B to this Article 1; (1) The maximum credit amount shall be no greater than the calculated emission reduction on which the credit is based. Districts may apply a discount factor to credits calculated under these regulations, consistent with applicable district and Board credit rules and programs; (2) Credit usage shall be in accordance with all federal, state and local laws and regulations in effect at time of usage; (3) The life of emission reduction credits as generated by the accelerated retirement of an individual vehicle is three (3) years; Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44102, 44121 and 44122, Health and Safety Code. s 2609. Records, Auditing, and Enforcement. (a) The following requirements for records, auditing, and enforcement shall be met: (1) An enterprise operator shall be responsible for maintaining and storing the following information for each vehicle removed from operation for the purpose of generating emission reduction credits: (A) Vehicle Identification Number (VIN); (B) Vehicle license plate number; (C) Vehicle model year; (D) Vehicle odometer reading; (E) Vehicle make and model; (F) Name, address and phone number of legal owner selling vehicle to the enterprise operator; (G) Name, address and phone number of registered owner if different from (F); (H) Name and business address of inspector conducting the vehicle's eligibility inspection, if the VAVR enterprise operator contracts with an ARB-approved inspection entity to perform the vehicle functional and equipment eligibility inspection; (I) Date of purchase of vehicle by enterprise operator; (J) Date of vehicle retirement; (K) The emission reduction amount claimed per s2608; (L) Reproductions of California Certificate of Title and registration, as signed-off by seller at time of final sale to the VAVR enterprise; (M) Reproduction of the applicable certificate of functional and equipment eligibility; (N) Reproduction of the applicable Notice to Dismantler (report of vehicle to be dismantled and notice of acquisition) (California Department of Motor Vehicles Registration 42 form); (O) Reproduction of written documentation from the California Department of Motor Vehicles verifying that a vehicle meets the requirements of s2603(a)(2); (P) If applicable, reproduction of documentation issued pursuant to s2603(a)(6)(B); (Q) Any other pertinent data requested by the district; (2) Upon request of the district, the data contained in records required in s2609(a)(1)(A) through (K) shall be transmitted to the district in an electronic database format, to be determined by mutual agreement between the district and the enterprise operator, in lieu of paper copies; (3) The enterprise operator will maintain copies of the information listed in s2609(a)(1)(A) through (Q) for a minimum period of time commensurate with the life of the emission reduction credits generated from each vehicle pursuant to s2608, and shall make those records available to the district upon request; (4) Each district shall be responsible for approving and issuing emission reduction credits generated in accordance with s2608 to VAVR enterprise operators, based on data supplied by each enterprise operator pursuant to s2609(a)(1), s2609(a)(2), and s2609(a)(3). Districts shall not approve and issue emission reduction credits unless a VAVR enterprise operator demonstrates compliance with all applicable provisions in this regulation; (5) A district shall not approve and issue emission reduction credits for any vehicle retired within sixty-one to ninety (61-90) days of its next required Smog Check inspection until it has verified that the vehicle did not fail its Smog Check inspection during that time frame pursuant to s2602(f). Emission reduction credits shall not be issued for any vehicle failing its Smog Check inspection during the sixty-one to ninety (61-90) day time frame. (6) VAVR enterprise operators may not make emission reduction credits available for purchase until they are approved and issued by the district. (7) The district may conduct announced and unannounced audits and on-site inspections of VAVR enterprise operations to ensure that enterprises are being operated according to all applicable rules and regulations. The district shall report the results of any such audits and inspections to the Executive Officer, and shall notify any noncompliant enterprise operator of the nature of the violation and shall initiate any enforcement or remedial action necessary; (A) Enterprise operators and their subcontractors shall allow the district to conduct announced and unannounced audits and inspections and shall cooperate fully in such situations; (B) Violation of any provision of these regulations, including falsification of any information or data, shall constitute a citable violation making the violator subject to all applicable penalties specified in the California Health and Safety Code. In addition, violation of any provision of s2603 by a VAVR enterprise operator or its subcontractors shall result in the issuance of a Notice of Violation(s). District approval to generate emission reduction credits shall be revoked if a VAVR enterprise operator demonstrates a recurrent pattern of accepting vehicles that do not meet the eligibility requirements pursuant to s2603 or if a VAVR enterprise operator violates s2609(a)(6); Note: Authority cited: Sections 39600, 39601 and 44101, Health and Safety Code. Reference: Sections 39002, 39003, 42400, 42400.1, 42400.2, 42400.3, 42400.4, 42400.5, 42400.6, 42401, 42402, 42402.1, 42402.2, 42402.3, 42402.5, 42403, 43000, 43013, 43016, 44100, 44101, 44102, 44103, 44105, 44106 and 44107, Health and Safety Code. s 2610. Pilot Program. (a) Plan to Guide Execution of Pilot Program, Assess Results and Formulate Recommendations: (1) The Board will contract with an interested party to conduct a pilot program in the South Coast Air Basin, to be completed no later than two (2) years after adoption of these regulations; (2) The pilot program will be designed to test the efficacy of these regulations with regards to the goals of SIP measure M1 and VAVR-for-credit operations in general; (3) The pilot program will determine a baseline of the current population of vehicles by model year and market value and the current turnover rate of vehicles, and other factors that may be essential to assessing the effectiveness, cost-effectiveness, and market impacts of VAVR enterprises; (4) The Board will publish a report at the end of each calendar year for which the pilot program is operated. This report will include: (A) The number of vehicles retired, by model year. (B) The measured emissions of any retired vehicles tested during the report period; (C) Costs of the vehicles in terms of amounts paid to sellers, and the cost-effectiveness of voluntary accelerated vehicle retirement expressed in dollars per ton of emissions reduced. (D) Administrative and testing costs for the program. (E) Assessments of the replacement vehicles or replacement travel by model year or emission levels, as determined from interviews, questionnaires, diaries, analyses of vehicle registrations in the study region, or other methods as appropriate. (F) Assessments of the net emission benefits of voluntary accelerated vehicle retirement in the year reported, considering the retired vehicles, the replacement vehicles, and other effects of the program on the mix of vehicles and use of vehicles in the geographical area of the program, including in-migration of other vehicles into the area and any tendencies to increased market value of used vehicles and prolonged useful life of existing vehicles, if any. (G) Assessments of whether the M-1 strategy of the 1994 SIP can reasonably be expected to yield the required emission reductions. (H) Assessments of typical retired vehicle operating condition, historical mileage, and other relevant vehicle data; Note: Authority cited: Sections 39600, 39601, 44101 and 44104.5, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101, 44104.5 and 44105, Health and Safety Code. s 2611. Procurement of Credits for SIP Measure M1. (a) The purchase of emission reduction credits by the State of California is dependent on funding allocated for the purpose of achieving the emission reduction goals of measure M1 of the 1994 SIP for ozone attainment; (1) As funding becomes available, the ARB shall develop and initiate a process for procuring available emission reduction credits. Available emission reduction credits will be purchased by the State of California from enterprise operators meeting all the requirements of this regulation and applicable district rules through an approved state-contracting procedure, such as the issuance of an Invitation for Bid; (2) All emission reduction credits purchased by the State of California shall be retired to meet the emission reduction goals of measure M1. Note: Authority cited: Sections 39600 and 39601, 44101 and 44104, Health and Safety Code. Reference: Sections 39002, 39003, 43000, 43013, 44100, 44101 and 44104, Health and Safety Code. Appendix A to Article 1 CERTIFICATE OF VEHICLE FUNCTIONAL AND EQUIPMENT ELIGIBILITY Inspection Checklist 1) Engine shuts down subsequent to keyed ignition start. 2) Vehicle whines, grinds, clanks, or emits knocking noises or noises from engine backfire. 3) The brake pedal drops to the floor when the inspector attempts to stop vehicle. "I have inspected this vehicle according to the requirements of California Code of Regulations, Title 13, s2603(b). To the best of my knowledge, this vehicle is currently operated on a routine basis, and I have found it to meet the equipment and functional eligibility requirements for participation in the voluntary accelerated vehicle retirement programs described in California Code of Regulations, Title 13, Section 2600, et seq." Print and Sign Name: ____________________________ Date_________ (Inspector) Inspector Identification Number _______________________________ "I acknowledge receipt of this certificate of vehicle functional and equipment eligibility. I agree not to alter the vehicle's components, equipment configuration or functional status from what was presented to the inspector on this date. I acknowledge that vehicle registration requirements must be met and verified prior to final acceptance of my vehicle by an accelerated vehicle retirement enterprise." Signed ____________________________ Date _______________ (Owner) "I have inspected this vehicle according to the requirements of California Code of Regulations, Title 13, Section 2603(b). I have found itdoes not meet the requirements for participation in the voluntary accelerated vehicle retirement programs described in California Code of Regulations, Title 13, Section 2600 et seq." Print and Sign Name: _________________________ Date ___________ (Inspector) Inspector Identification Number _____________________ Appendix B to Article 1 VOLUNTARY ACCELERATED LIGHT-DUTY VEHICLE RETIREMENT PROGRAM EMISSION REDUCTIONS FOR VEHICLES RETIRED IN CALENDAR YEAR 1999 Light-Duty Vehicle Emission Reductions (Total Pounds Per Vehicle Over 3 Year Credit Life) Model Year Car ROGA NOx CO PM10 1965 and earlier 334 71 1347 5.4 1966 341 75 1395 5.0 1967 351 77 1484 5.4 1968 363 79 1586 5.5 1969 376 82 1700 5.5 1970 392 83 1851 1.8 1971 404 89 1887 1.9 1972 418 96 1918 1.9 1973 436 101 2013 1.9 1974 355 100 1671 0.7 1975 290 106 1644 1.0 1976 280 104 1841 0.9 1977 178 112 1426 0.9 1978 186 107 1891 1.1 1979 175 96 2508 1.8 1980 145 149 3286 1.1 1981 72 112 747 0.6 1982 76 102 770 0.5 1983 70 92 735 0.4 1984 41 74 445 0.3 Note A: Includes exhaust and evaporative emissions VOLUNTARY ACCELERATED LIGHT-DUTY VEHICLE RETIREMENT PROGRAM EMISSION REDUCTIONS FOR VEHICLES RETIRED IN CALENDAR YEAR 2000 Light-Duty Vehicle Emission Reductions (Total Pounds Per Vehicle Over 3 Year Credit Life) Model Year Car ROGA NOx CO PM10 1966 and earlier 344 77 1396 4.8 1967 354 79 1483 5.2 1968 366 82 1581 5.4 1969 378 84 1692 5.1 1970 394 86 1840 1.9 1971 405 91 1874 1.6 1972 419 97 1907 1.6 1973 437 102 2005 1.7 1974 360 102 1669 0.7 1975 294 109 1667 0.6 1976 284 106 1868 0.6 1977 183 115 1472 0.7 1978 193 110 1944 1.0 1979 182 99 2573 1.7 1980 148 152 3371 0.8 1981 76 116 794 0.4 1982 80 106 819 0.4 1983 77 96 785 0.2 1984 46 78 490 0.1 1985 38 65 420 0.1 Note A: Includes exhaust and evaporative emissions Appendix C to Article 1 State of California Air Resources Board Emission-Drive Train Related Parts List Adopted November 4, 1977 Amended May, 1981 Amended June 1, 1990 The following list of components are examples of emission related parts as defined in Section 1900(b)(3), Chapter 3, Title 13, California Code of Regulations. I. Carburetion and Air Induction System A. Air Induction System: 1. Temperature sensor elements 2. Vacuum motor for air control 3. Hot air duct & stove 4. Air filter housing & element 5. Turbocharger or supercharger 6. Intercooler B. Emission Calibrated Carburetors: 1. Metering jets 2. Metering rods 3. Needle and seat 4. Power valve 5. Float circuit 6. Vacuum break 7. Choke mechanism 8. Throttle-control solenoid 9. Deceleration valve 10. Dashpot 11. Idle stop solenoid, anti-dieseling assembly 12. Accelerating pump 13. Altitude compensator C. Mechanical Fuel Injection: 1. Pressure regulator 2. Fuel injection pump 3. Fuel injector 4. Throttle-position compensator 5. Engine speed compensator 6. Engine temperature compensator 7. Altitude cut-off valve 8. Deceleration cut-off valve 9. Cold-start valve D. Continuous Fuel Injection: 1. Fuel pump 2. Pressure accumulator 3. Fuel filter 4. Fuel distributor 5. Fuel injections 6. Air-flow sensor 7. Throttle-position compensator 8. Warm-running compensator 9. Pneumatic overrun compensator 10. Cold-start valve E. Electronic Fuel Injection: 1. Pressure regulator 2. Fuel distribution manifold 3. Fuel injectors 4. Electronic control unit 5. Engine speed sensor 6. Engine temperature sensor 7. Throttle-position sensor 8. Altitude/manifold-pressure sensor 9. Cold-start valve F. Air Fuel Ratio Control: 1. Frequency valve 2. Oxygen sensor 3. Electronic control unit G. Intake Manifold II. Ignition System A. Distributor 1. Cam 2. Points 3. Rotor 4. Condenser 5. Distributor cap 6. Breaker plate 7. Electronic components (breakerless or electronic system) B. Spark Advance/Retard System: 1. Centrifugal advance mechanism: a. Weights b. Springs 2. Vacuum advance unit 3. Transmission controlled spark system: a. Vacuum solenoid b. Transmission switch c. Temperature switches d. Time delay e. CEC valve f. Reversing relay 4. Electronic spark control system: a. Computer circuitry b. Speed sensor c. Temperature switches d. Vacuum switching valve 5. Orifice spark advance control system: a. Vacuum bypass valve b. OSAC (orifice spark advance control) valve c. Temperature control switch d. Distributor vacuum control valve 6. Speed controlled spark system: a. Vacuum solenoid b. Speed sensor and control switch c. Thermal vacuum switch C. Spark Plugs D. Ignition Coil E. Ignition Wires III. Mechanical Components A. Valve Trains: 1. Intake valves 2. Exhaust valves 3. Valve guides 4. Valve springs 5. Valve seats 6. Camshaft B. Combustion Chamber: 1. Cylinder head or rotor housing [FN1] 2. Piston or rotor [FN1] IV. Evaporative Control System A. Vapor Storage Canister and Filter B. Vapor Liquid Separator C. Filler Cap D. Fuel Tank E. Canister Purge Valve V. Positive Crankcase Ventilation System A. PCV Valve B. Oil Filler Cap C. Manifold PCV Connection Assembly VI. Exhaust Gas Recirculation System A. EGR Valve: 1. Valve body and carburetor spacer 2. Internal passages and exhaust gas orifice B. Driving Mode Sensors: 1. Speed sensor 2. Solenoid vacuum valve 3. Electronic amplifier 4. Temperature-controlled vacuum valve 5. Vacuum reducing valve 6. EGR coolant override valve 7. Backpressure transducer 8. Vacuum amplifier 9. Delay valves VI. Air Injection System A. Air Supply Assembly: 1. Pump 2. Pressure relief valve 3. Pressure-setting plug 4. Pulsed air system B. Distribution Assembly: 1. Diverter, relief, bypass, or gulp valve 2. Check or anti-backfire valve 3. Deceleration control part 4. Flow control valve 5. Distribution manifold 6. Air switching valve C. Temperature sensor VIII. Catalyst, Thermal Reactor, and Exhaust System A. Catalytic Converter: 1. Constricted fuel filler neck 2. Catalyst beads (pellet-type converter) 3. Ceramic support and monolith coating (monolith-type converter) 4. Converter body and internal supports 5. Exhaust manifold B. Thermal Reactor: 1. Reactor casing and lining 2. Exhaust manifold and exhaust port liner C. Exhaust System: 1. Manifold 2. Exhaust port liners 3. Double walled portion of exhaust system 4. Heat riser valve and control assembly IX. Miscellaneous Items Used in Above Systems 1. Hoses, clamps, and pipers 2. Pulleys, belts, and idlers X. Computer Controls 1. Electronic Control Unit (ECU) 2. Computer-coded engine operating parameter (including computer chips) 3. All sensors and actuators associated with the ECU XI. Drive Train Parts (added to Emission-Related Parts List. 1. Engine 2. Drive mechanism 3. Transmission 4. Differential 5. Axles 6. Brakes _______ [FN1]1 Rotary (Wankel) engines only Appendix D to Article 1 Emission-Related and Drive Train Parts Removal and Destruction Quality Control Check List Date _______________ Dismantler _______________ Address _______________ Quality Control Inspector _______________ Vehicle Make _______________ Vehicle Model _______________ Vehicle Year _______________ Vehicle License Number _______________ Vehicle Odometer Mileage _______________ Part Part Category Emission-Related Part Remov- Destr- ed oyed Air Induction System Temperature sensor elements Vacuum motor for air control Hot air duct & stove Air filter housing & element Turbocharger or supercharger Intercooler _______________________________________________________________________________ Metering jets Metering rods Needle and seat Emission Calibrated Power valve Carburetors Float circuit Vacuum break Choke mechanism Throttle-control solenoid Deceleration valve _______________________________________________________________________________ Dashpot Idle stop solenoid, Emission Calibrated anti-dieseling assembly Carburetors (continued) Accelerating pump Altitude compensator _______________________________________________________________________________ Pressure regulator Fuel injection pump Fuel injector Mechanical Fuel Throttle-position compensator Injection: Engine speed compensator Engine temperature compensator Altitude cut-off valve Deceleration cut-off valve Cold-start valve _______________________________________________________________________________ Fuel pump Pressure accumulator Fuel filter Fuel distributor Continuous Fuel Fuel injections Injection: Air-flow sensor Throttle-position compensator Warm-running compensator Pneumatic overrun compensator Cold-start valve _______________________________________________________________________________ Pressure regulator Fuel distribution manifold Fuel injectors Electronic Fuel Injection: Electronic control unit Engine speed sensor Engine temperature sensor Throttle-position sensor Altitude/manifold-pressure sensor _______________________________________________________________________________ Electronic Fuel Cold-start valve Injection: _______________________________________________________________________________ Air Fuel Ratio Control: Frequency valve Oxygen sensor _______________________________________________________________________________ Air Fuel Ratio Control: Electronic control unit _______________________________________________________________________________ Intake Manifold Intake Manifold Assembly _______________________________________________________________________________ Cam Points Rotor Condenser Distributor Distributor cap Breaker plate Electronic components (breakerless or electronic system) _______________________________________________________________________________ Centrifugal advance mechanism: weights and springs Vacuum advance unit Transmission controlled spark system: vacuum solenoid, transmission switch, temperature switches, time delay, CEC valve, reversing relay Spark Advance/Retard Electronic spark control system: System computer circuitry, speed sensor, temperature switches, vacuum switching valve Orifice spark advance control system: vacuum bypass valve, orifice spark advance control valve, temperature control switch, distributor vacuum control switch Speed controlled spark system: vacuum solenoid, speed sensor and control switch, thermal vacuum switch _______________________________________________________________________________ Spark Plugs Spark Plugs _______________________________________________________________________________ Ignition Coil Ignition Coil _______________________________________________________________________________ Ignition Wires Ignition Wires _______________________________________________________________________________ Engine Flywheel Bell Housing Drive Train Drive Shaft Transmission Differentials Axles Brakes _______________________________________________________________________________ Intake valves Exhaust valves Valve guides Valve springs Mechanical Components Valve seats Camshaft Cylinder head or rotor housing Piston or rotor _______________________________________________________________________________ Vapor Storage Canister and Filter Evaporative Control Vapor Liquid Separator System Filler Cap Fuel Tank Canister Purge Valve _______________________________________________________________________________ PCV Valve Positive Crankcase Oil Filler Cap Ventilation System Manifold PCV Connection Assembly _______________________________________________________________________________ EGR Valve: valve body and Exhaust Gas carburetor spacer, Recirculation System EGR Valve: internal passages and exhaust gas orifice _______________________________________________________________________________ Speed sensor Solenoid vacuum valve Electronic amplifier Temperature-controlled vacuum valve Driving Mode Sensors Vacuum reducing valve EGR coolant override valve Backpressure transducer Vacuum amplifier Delay valves _______________________________________________________________________________ Pump Pressure-relief valve Pressure-setting plug Pulsed air system Diverter Air Injection System Relief, bypass, or gulp valve Check or anti-backfire valve Deceleration control part Flow control valve Distribution manifold Air switching valve Temperature sensor _______________________________________________________________________________ Constricted fuel filler neck Catalyst beads (pellet-type converter), Ceramic support and monolith coating (monolith-type converter), Converter body and internal supports, Catalytic Exhaust manifold Converter/Thermal Reactor casing and lining Reactor/exhaust Exhaust manifold and exhaust port liner Manifold Exhaust port liners, Double walled portion of exhaust system, Heat riser valve and control assembly _______________________________________________________________________________ Miscellaneous Items Hoses, clamps, and pipers Used in Above Systems Pulleys, belts, and idlers _______________________________________________________________________________ Electronic Control Unit (ECU) Computer-coded engine operating parameter (including Computer Controls computer chips) All sensors and actuators associated with the ECU Quality Control Inspector Final Verification All Emission-Related Parts Removed and Destroyed Quality Control Inspector Signature:____________________________ Date: ______________ s 2700. Applicability. These procedures apply to in-use strategies which, through the use of sound principles of science and engineering, control emissions of particulate matter (PM) and oxides of nitrogen (NOx) from diesel-fueled diesel engines. These strategies may include but are not limited to, diesel particulate filters, diesel oxidation catalysts, fuel additives, selective catalytic reduction systems, exhaust gas recirculation systems, and alternative diesel fuels. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2701. Definitions. (a) The definitions in Section 1900(b), Chapter 1, Title 13 of the California Code of Regulations are incorporated by reference herein. The following definitions shall govern the provisions of this chapter: (1) "15 ppmw or less sulfur fuel" means diesel fuel with a sulfur content equal to or less than 15 parts per million by weight (ppmw). (2) "Alternative Diesel Fuel" means any fuel used in diesel engines that is not commonly or commercially known, sold or represented as diesel fuel No. 1-D or No. 2-D, pursuant to the specifications in ASTM Standard Specification for Diesel Fuel Oils D975-81, and does not require engine or fuel system modifications for the engine to operate, although minor modifications (e.g. recalibration of the engine fuel control) may enhance performance. Examples of alternative diesel fuels include, but are not limited to, biodiesel, Fischer Tropsch fuels, and emulsions of water in diesel fuel. Natural gas is not an alternative diesel fuel. An emission control strategy using a fuel additive will be treated as an alternative diesel fuel based strategy unless: (A) The additive is supplied to the vehicle or engine fuel by an on-board dosing mechanism, or (B) The additive is directly mixed into the base fuel inside the fuel tank of the vehicle or engine, or (C) The additive and base fuel are not mixed until vehicle or engine fueling commences, and no more additive plus base fuel combination is mixed than required for a single fueling of a single engine or vehicle. (3) "Approach Light System with Sequenced Flasher Lights in Category 1 and Category 2 Configurations" (ALSF-1 and ALSF-2) mean high intensity approach lighting systems with sequenced flashers used at airports to illuminate specified runways during category II or III weather conditions, where category II means a decision height of 100 feet and runway visual range of 1,200 feet, and category III means no decision height or decision height below 100 feet and runway visual range of 700 feet. (4) "Applicant" means the entity that has applied for or has been granted verification under this Procedure. (5) "Auxiliary Emission Control Device" (AECD) means any device or element of design that senses temperature, vehicle speed, engine revolutions per minute (RPM), transmission gear, manifold vacuum, or any other parameter for the purpose of activating, modulating, delaying, or deactivating the operation of the emission control system. (6) "Average" means the arithmetic mean. (7) "Backpressure Monitor" means a device that includes a sensor for measuring the engine backpressure upstream of a hardware-based diesel emission control system or component thereof installed in the exhaust system and an indicator to notify the operator when the backpressure exceeds specified high and in some cases low backpressure limits, as defined by the engine manufacturer or the applicant for verification of a diesel emission control strategy. (8) "Baseline" means the test of a vehicle or engine without the diesel emission control strategy implemented. (9) "Cold Start" means the start of an engine only after the engine oil and water temperatures are stabilized between 68 and 86 degrees F for a minimum of 15 minutes. (10) "Diesel emission control strategy" or "Diesel emission control system" means any device, system, or strategy employed with an in-use diesel vehicle or piece of equipment that is intended to reduce emissions. Examples of diesel emission control strategies include, but are not limited to, particulate filters, diesel oxidation catalysts, selective catalytic reduction systems, fuel additives used in combination with particulate filters, alternative diesel fuels, and combinations of the above. (11) "Diesel Emission Control Strategy Family Name." See Section 2706(g)(2). (12) "Diesel Engine" means an internal combustion engine with operating characteristics significantly similar to the theoretical diesel combustion cycle. The primary means of controlling power output in a diesel cycle engine is by limiting the amount of fuel that is injected into the combustion chambers of the engine. A diesel cycle engine may be petroleum-fueled (i.e., diesel-fueled) or alternate-fueled. (13) "Durability" means the ability of the applicant's diesel emission control strategy to maintain a level of emissions below the baseline and maintain its physical integrity over some period of time or distance determined by the Executive Officer pursuant to these regulations. The minimum durability testing periods contained herein are not necessarily meant to represent the entire useful life of the diesel emission control strategy in actual service. (14) "Emergency Standy Engine" means a diesel engine operated solely for emergency use, except as otherwise provided in airborne toxic control measures adopted by the ARB. (15) "Emergency Use" means using a diesel engine to provide electrical power or mechanical work during any of the following events and subject to the following conditions: (A) The failure or loss of all or part of normal electrical power service or normal natural gas supply to the facility, (B) The failure of a facility's internal power distribution system, (C) The pumping of flood water or sewage to prevent or mitigate a flood or sewage overflow, (D) The pumping of water for fire suppression or protection, (E) The powering of ALSF-1 and ALSF-2 airport runway lights under category II or III weather conditions, (F) Other conditions as specified in airborne toxic control measures adopted by the ARB. (16) "Emission control group" means a set of diesel engines and applications determined by parameters that affect the performance of a particular diesel emission control strategy. The exact parameters depend on the nature of the diesel emission control strategy and may include, but are not limited to, certification levels of engine emissions, combustion cycle, displacement, aspiration, horsepower rating, duty cycle, exhaust temperature profile, and fuel composition. Verification of a diesel emission control strategy and the extension of existing verifications are done on the basis of emission control groups. (17) "Executive Officer" means the Executive Officer of the Air Resources Board or the Executive Officer's designee. (18) "Executive Order" means the document signed by the Executive Officer that specifies the verification level of a diesel emission control strategy for an emission control group and includes any enforceable conditions and requirements necessary to support the designated verification. (19) "Fuel Additive" means any substance designed to be added to fuel or fuel systems or other engine-related systems such that it is present in-cylinder during combustion and has any of the following effects: decreased emissions, improved fuel economy, increased performance of the entire vehicle or one of its component parts, or any combination thereof; or assists diesel emission control strategies in decreasing emissions, or improving fuel economy or increasing performance of a vehicle or component part, or any combination thereof. Fuel additives used in conjunction with diesel fuel may be treated as an alternative diesel fuel. See Section 2701 (a)(2). (20) "Hot Start" means the start of an engine within four hours after the engine is last turned off. The first hot start test run should be initiated 20 minutes after the cold start for Federal Test Procedure testing following Section 86.1327-90 of the Code of Federal Regulations, Title 40, Part 86. (21) "Portable Engine" means an engine designed and capable of being carried or moved from one location to another, except as defined in section 2701(a)(24). Engines used to propel mobile equipment of a motor vehicle of any kind are not portable. Indicators of portability include, but are not limited to, wheels, skids, carrying handles, dolly, trailer, or platform. A portable engine cannot remain at the same facility location for more than 12 consecutive rolling months or 365 rolling days, whichever occurs first, not including time spent in a storage facility. If it does remain at the facility for more than 12 months, it is considered to be a stationary engine. The definitions in Title 13 California Code of Regulations section 2452(g) and section 2452(x) are incorporated by reference herein. (22) "Regeneration", in the context of diesel particulate filters, means the periodic or continuous combustion of collected particulate matter that is trapped in a particulate filter through an active or passive mechanism. Active regeneration requires a source of heat other than the exhaust itself to regenerate the particulate filter. Examples of active regeneration strategies include, but are not limited to, the use of fuel burners and electrical heaters. Passive regeneration does not require a source of heat for regeneration other than the exhaust stream itself. Examples of passive regeneration strategies include, but are not limited to, the use of fuel additives and the catalyst-coated particulate filter. In the context of NOx reduction strategies, "regeneration" means the desorption and reduction of NOx from NOx adsorbers (or NOx traps) during rich operation conditions. (23) "Revoke" means to cancel the verification status of a diesel emission control strategy. If a diesel emission control strategy's verification status is revoked by the Executive Officer, the applicant must immediately cease and desist selling the diesel emission control strategy to end-users. (24) "Stationary Engine" means an engine that is designed to stay in one location, or remains in one location. An engine is stationary if any of the following are true: (A) The engine or its replacement is attached to a foundation, or if not so attached, will reside at the same location for more than 12 consecutive months. Any engine that replaces engine(s) at a location, and is intended to perform the same or similar function as the engine(s) being replaced, will be included in calculating the consecutive time period. In that case, the cumulative time of all engine(s), including the time between the removal of the original engine(s) and installation of the replacement engine(s), will be counted toward the consecutive time period; or (B) The engine remains or will reside at a location for less than 12 consecutive months if the engine is located at a seasonal source and operates during the full annual operating period of the seasonal source, where a seasonal source is a stationary source that remains in a single location on a permanent basis (at least two years) and that operates at that single location at least three months each year; or (C) The engine is moved from one location to another in an attempt to circumvent the residence time requirements [Note: The period during which the engine is maintained at a storage facility shall be excluded from the residency time determination.] The definitions in Title 13 California Code of Regulations section 2452(g) and section 2452(x) are incorporated by reference herein. (25) "Verification" means a determination by the Executive Officer that a diesel emission control strategy meets the requirements of this Procedure. This determination is based on both data submitted or otherwise known to the Executive Officer and engineering judgement. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2702. Application Process. (a) Overview. Before submitting a formal application for the verification of a diesel emission control strategy for use with an emission control group, the applicant must submit a proposed verification testing protocol (pursuant to Section 2702(b)) at the Executive Officer's discretion. To obtain verification, the applicant must conduct emission reduction testing (pursuant to Section 2703), durability testing (pursuant to Section 2704), a field demonstration (pursuant to Section 2705), and submit the results along with comments and other information (pursuant to Sections 2706 and 2707) in an application to the Executive Officer, in the format shown in Section 2702(d). If the Executive Officer grants verification of a diesel emission control strategy, it will issue an Executive Order to the applicant identifying the verified emission reduction and any conditions that must be met for the diesel emission control strategy to function properly. After the Executive Officer grants verification of a diesel emission control strategy, the applicant must provide a warranty, conduct in-use compliance testing of the strategy after having sold or leased a specified number of units, and report the results to the Executive Officer (pursuant to Section 2709). A diesel emission control strategy that employs two or more individual systems or components must be tested and submitted for evaluation as one system. Applicants seeking verification of an alternative diesel fuel must follow the procedure described in Section 2710. (b) Proposed Verification Testing Protocol. Before formally submitting an application for the initial verification of a diesel emission control strategy, the applicant must submit a proposed verification testing protocol at the Executive Officer's discretion. The Executive Officer shall use the information in the proposed protocol to help determine whether the strategy relies on sound principles of science and engineering to control emissions, the need for additional analyses, and the appropriateness of allowing alternatives to the prescribed requirements. The protocol should include the following information: (1) Identification of the contact persons, phone numbers, names and addresses of the responsible party proposing to submit an application. (2) Description of the diesel emission control strategy's principles of operation. A schematic depicting operation should be included as appropriate. It is the responsibility of the applicant to demonstrate that its product relies on sound principles of science and engineering to achieve emission reductions. (A) If, after reviewing the proposed protocol, the Executive Officer determines that the applicant has not made a satisfactory demonstration that its product (diesel emission control strategy) relies on sound principles of science and engineering to achieve emission reductions, the Executive Officer shall notify the applicant of the determination in writing. The applicant may choose to withdraw from the verification process or submit additional materials and clarifications. The additional submittal must be received by the Executive Officer no later than 60 days from the date of the notification letter or the application may be suspended. (B) If, after reviewing the additional submittal, the Executive Officer determines that the applicant has not yet made a satisfactory demonstration that its product relies on sound principles of science and engineering to achieve emission reductions, the application shall be suspended. If an application has been suspended, it may only be reactivated at the discretion of the Executive Officer. (C) If at any time, the Executive Officer has reason to doubt the scientific or engineering soundness of a product, the Executive Officer may require the applicant to submit additional supporting materials and clarifications no later than 60 days from the date of the notification letter. If the additional submittal is not received by the Executive Officer by the deadline established in the notification letter, the application may be suspended or the existing verification may be revoked. In deciding whether to suspend an application or revoke an existing verification the Executive Officer will review submittals as provided in subsection (B) above. (3) Preliminary parameters for defining emission control groups that are appropriate for the diesel emission control strategy. The Executive Officer will work with the applicant to determine appropriate emission control group parameters. (4) The applicant's plan for meeting the requirements of Sections 2703-2706. Existing test data may be submitted for the Executive Officer's consideration. The protocol must focus on verification of the diesel emission control strategy for use with a single emission control group. (5) A brief statement that the applicant agrees to provide a warranty pursuant to the requirements of section 2707. (c) If an applicant submits a proposed verification testing protocol, the Executive Officer shall, within 30 days of its receipt, determine whether the applicant has identified an appropriate testing protocol to support an application for verification and notify the applicant in writing that it may submit an application for verification. The Executive Officer may suggest modifications to the proposed verification testing protocol to facilitate verification of the diesel emission control strategy. All applications, correspondence, and reports must be submitted to: Chief, Heavy-Duty Diesel In-Use Strategies Branch Air Resources Board 9528 Telstar Avenue El Monte, CA 91731 (d) Application Format. The application for verification of a diesel emission control strategy must follow the format shown below. If a section asks for information that is not applicable to the diesel emission control strategy, the applicant must indicate "not applicable." If the Executive Officer concurs with the applicant's judgement that a section is not applicable, the Executive Officer may waive the requirement to provide the information requested in that section. 1. Introduction 1.1 Identification of applicant, manufacturer, and product 1.2 Identification of type of verification being sought 1.2.1 Description of emission control group selected 1.2.2 Emission reduction claim 2. Diesel Emission Control Strategy Information 2.1 General description of the diesel emission control strategy 2.1.1 Discussion of principles of operation and system design 2.1.2 Schematics depicting operation (as appropriate) 2.2 Description of regeneration method 2.2.1 Operating condition requirements for regeneration 2.2.2 Thresholds and control logic to activate regeneration 2.2.3 Description of backpressure monitor including thresholds and control logic 2.3 Favorable operating conditions 2.4 Unfavorable operating conditions and associated reductions in performance 2.5 Fuel requirements and misfueling considerations 2.6 Identification of failure modes and associated consequences 2.7 Complete discussion of potential safety issues (e.g., uncontrolled regeneration, lack of proper maintenance, unfavorable operating conditions, etc.) 2.8 Installation requirements 2.9 Maintenance requirements 3. Alternative Diesel Fuel Information 3.1 Information from Section 2710(b) 3.2 Emission control group compatibility considerations 3.3 Misfueling prevention strategies 4. Diesel Emission Control Strategy and Emission Control Group Compatibility 4.1 Compatibility with the engine 4.1.1 Discussion on calibrations and design features that may vary from engine to engine 4.1.2 Effect on overall engine performance 4.1.3 Effect on engine backpressure 4.1.4 Additional load on the engine 4.1.5 Effect on fuel consumption 4.1.6 Engine oil consumption considerations 4.2 Compatibility with the application 4.2.1 Dependence of calibration and other design features on application characteristics 4.2.2 Presentation of typical exhaust temperature profiles and other relevant field-collected data from representative applications within the emission control group 4.2.3 Comparison of field-collected application data with operating conditions suitable for the diesel emission control strategy 5. Testing Information 5.1 Emission reduction testing 5.1.1 Test facility identification 5.1.2 Description of test vehicle and engine (make, model year, engine family name, etc.) 5.1.3 Test procedure description (-pre-conditioning period, test cycle, etc.) 5.1.4 Test results and comments 5.2 Durability testing 5.2.1 Test facility identification 5.2.2 Description of field application (where applicable) 5.2.3 Description of test vehicle and engine(make, model year, engine family name, etc.) 5.2.4 Test procedure description (field or bench, test cycle, etc.) 5.2.5 Test results and comments 5.2.6 Summary of evaluative comments from third-party for in-field durability demonstration (e.g., driver or fleet operator) 5.3 Field demonstration (where applicable) 5.3.1 Field application identification 5.3.2 Description of test vehicle and engine (make, model year, engine family name, etc.) 5.3.3 Engine backpressure and exhaust temperature graphs with comments 5.3.4 Summary of evaluative comments from third-party (e.g., driver or fleet operator) 6. References 7. Appendices A. Laboratory test report information (for all tests) A.1 Actual laboratory test data A.2 Plots of engine backpressure and exhaust temperature A.3 Driving traces for chassis dynamometer tests A.4 Quality assurance and quality control information B. Third-party letters or questionnaires describing in-field performance C. Diesel emission control system label D. Owner's manual (as described in Section 2706(i)) E. Other supporting documentation (e) Within 30 days of receipt of the application, the Executive Officer shall notify the applicant whether the application is complete. (f) Within 60 days after an application has been deemed complete, the Executive Officer shall determine whether the diesel emission control strategy merits verification and shall classify it as shown in Table 1: Table 1. Verification Classifications for Diesel Emission Control Strategies Pollutant Reduction Classification PM < 25% Not verified > or =25% Level 1 > or =50% Level 2 > or =85% Level 3 or < or =0.01g/bhp-hr NOx < 15% Not verified > or =15% Verified in 5% increments The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision, and additional supporting documentation may be submitted by the applicant before a decision has been reached. The Executive Officer shall notify the applicant of the decision in writing and specify the verification level for the diesel emission control strategy and identify any terms and conditions that are necessary to support the verification. (g) Extensions of an Existing Verification. If the applicant has verified a diesel emission control strategy with one emission control group and wishes to extend the verification to include additional emission control groups, it may apply to do so using the original test data, additional test data, engineering justification and analysis, and any other information deemed necessary by the Executive Officer to address the differences between the emission control group already verified and the additional emission control group(s). Processing time periods follow sections (e) and (f) above. (h) Design Modifications. If an applicant modifies the design of a diesel emission control strategy that has already been verified or is under consideration for verification by the Executive Officer, the modified version must be evaluated under this Procedure. The applicant must provide a detailed description of the design modification along with an explanation of how the modification will change the operation and performance of the diesel emission control strategy. To support its claims, the applicant must submit additional test data, engineering justification and analysis, and any other information deemed necessary by the Executive Officer to address the differences between the modified and original designs. Processing time periods follow sections (e) and (f) above. (i) Treatment of Confidential Information. Information submitted to the Executive Officer by an applicant may be claimed as confidential, and such information shall be handled in accordance with the procedures specified in Title 17, California Code of Regulations, Sections 91000-91022. The Executive Officer may consider such confidential information in reaching a decision on a verification application. (j) The Executive Officer may lower the verification level or revoke the verification status of a verified diesel emission control strategy family if there are errors, omissions or inaccurate information in the application for verification or supporting information. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2703. Emission Testing Requirements. (a) The applicant must test the diesel emission control strategy on an emission control group basis and identify the emission control group. The applicant must identify the test engines and vehicles, if applicable, by providing the engine family name, make, model, model year, and PM and NOx certification levels if applicable. The applicant must also describe the applications for which the diesel emission control strategy is intended to be used by giving examples of in-use vehicles or equipment, characterizing typical duty cycles, indicating any fuel requirements, and/or providing other application-related information. (b) Engine Pre-conditioning. The applicant may tune-up or rebuild test engines prior to, but not after, baseline testing unless rebuilding the engine is an integral part of the diesel emission control strategy. All testing should be performed with the test engine in a proper state of maintenance. (c) Diesel Emission Control System Pre-conditioning. The engine or vehicle installed with a diesel emission control system must be operated for a break-in period of between 25 and 125 hours before emission testing. (d) Test Fuel. (1) The test fuel must meet the specifications in the California Code of Regulations (Sections 2280 through 2283 of Title 13), with the exception of the sulfur content or other properties previously identified by the applicant and approved by the Executive Officer. (2) If operation or performance of a diesel emission control strategy is affected by fuel sulfur content, the sulfur content of the test fuel must be no less than 66 percent of the stated maximum sulfur content for the diesel emission control strategy, unless (A) the testing is performed with fuel containing 15 ppmw or less sulfur for verification on 15 ppmw or less sulfur diesel fuel, or (B) the testing is performed with diesel fuel commercially available in California for verification on CARB diesel fuel (i.e., fuel meeting the specifications in Title 13, California Code of Regulations, Sections 2280 through 2283). (3) Baseline testing may be conducted with commercially available diesel fuel or diesel fuel with 15 ppmw or less sulfur. Baseline and control tests must be performed using the same fuel unless the control fuel is specified as a component of the emission control strategy. (4) The test fuel (or batch of fuel purchased) must be analyzed using American Society for Testing and Materials (ASTM) test methods listed in Table 6 (See Section 2710), which are incorporated herein by reference. At a minimum, sulfur content, aromatic content, polycyclic aromatic hydrocarbons, nitrogen content, and cetane number must be reported. The Executive Officer may ask for additional properties to be reported if evidence suggests those properties may affect functioning of the diesel emission control strategy. (e) Test Cycle. The diesel emission control strategy must be tested using the test cycles indicated in subparagraphs 1-3 below (summarized in Table 2) or with an alternative cycle(s) approved by the Executive Officer pursuant to subsection (f) below. Table 2. Test Cycles for Emission Reduction Testing* Off-Road (including Test Type On-Road portable engines) Stationary Engine FTP Heavy-duty Steady-state test Steady-state test Transient Cycle (1 cold- cycle from ARB cycle from ARB start and 3 hot-starts) off-road regulations off-road (3 hot-starts) regulations (3 hot-starts) Chassis UDDS (3 hot-starts) and a low-speed test cycle per 2703 Not Applicable Not Applicable (e)(1)(B)(ii) (3 hot-starts). [FN*Additional] hot-starts are required for NOx emission reductions between 15 to 25 percent (see Section 2703(h)). FTP = Federal Test Procedure; UDDS = Urban Dynamometer Driving Schedule (1) On-road Engines and Vehicles. For on-road diesel-fueled vehicles, the applicant may choose between engine dynamometer testing and chassis dynamometer testing, subject to the following conditions. Engine testing may be used for verification of an absolute engine emissions level or a percent emission reduction. Chassis testing may be used only to verify a percent emission reduction. The applicant may use emission test data to satisfy the durability test data requirement, but must follow the same testing option for the remaining durability tests (see Section 2704). (A) Engine testing must consist of one cold-start and at least three hot-start tests using the Federal Test Procedure (FTP) Heavy-duty Transient Cycle for engines used in on-road applications, in accordance with the provisions in the Code of Federal Regulations, Title 40, Part 86, Subpart N. (B) The applicant must conduct all chassis tests in accordance with the provisions of the Code of Federal Regulations, Title 40, Part 86, Subpart N insofar as they pertain to chassis dynamometer testing. Chassis testing must include two separate test cycles as follows: 1. At least three hot-start tests using the Urban Dynamometer Driving Schedule (UDDS) (see Code of Federal Regulations, Title 40, Part 86, appendix I (d)). 2. Three hot-start tests using a low-speed chassis test cycle representing urban stop-and-go traffic operation. The test cycle must include a repetitive series of idling periods immediately followed by events of maximum vehicle acceleration. The applicant can propose, for Executive Officer approval, a low-speed cycle as applicable to the type of vehicle and vehicle operation for which the diesel emission control strategy is intended. The Executive Officer will provide examples (e.g., New York Bus Cycle) of appropriate test cycles upon request by the applicant during the verification process. The applicant may request that the Executive Officer waive the requirement to conduct the low-speed chassis test. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, characteristics of the duty cycles in the emission control group and the principles of operation of the diesel emission control strategy. 3. The driver must follow the test cycles as closely as possible and must not deviate beyond the following tolerances (See Code of Federal Regulation, Part 86, Subpart M, 86.1215-85). (i) The upper limit is 4 miles per hour higher than the highest point on the trace within 1 second of the given time. (ii) The lower limit is 4 miles per hour lower than the lowest point on the trace within 1 second of the given time. (iii) Speed variations greater than the tolerances (such as may occur during gear changes or braking spikes) are acceptable, provided they occur for less than 2 seconds on any occasion and are clearly documented as to the time and speed at that point of the test cycle. (iv) Speeds lower than those prescribed are acceptable, provided the vehicle is operated at maximum available power during such occurrences. (C) For any diesel emission control strategy intended to reduce NOx from on-road applications, the following requirements apply: (i) The applicant must identify and discuss the effects of elevated NOx emissions on the diesel emission control strategy (emissions of NOx that are significantly greater than certified levels are said to be elevated, and may result, for example, from the activation of an AECD that advances fuel injection timing under cruise conditions). The applicant's discussion must include effects on emission reduction performance, durability, and safety considerations, how the strategy would respond to elevated NOx emissions that do not occur at the time the strategy is calibrated, and must be supported by engineering justification and any pertinent data. (ii) The applicant must perform three hot-start tests with an additional test cycle that gives rise to significant periods of elevated NOx emissions, except as provided below. 1. The applicant may request that the Executive Officer provide assistance with determining an engine or chassis test cycle or may propose a test cycle for approval by the Executive Officer. The Executive Officer will evaluate the proposed test cycle based on its representativeness of real-life operation and consistency with established procedures for determining off-cycle emissions. 2. The applicant may request that the Executive Officer waive the requirement to conduct this additional testing. In reviewing the request, the Executive Officer may consider all relevant information including, but not limited to, the principles of operation of the diesel emission control strategy and the availability of an appropriate test cycle. (2) Off-road Engines and Equipment (including portable engines). For off-road diesel-fueled vehicles and equipment, the applicant must follow the steady-state test procedure outlined in the ARB off-road regulations (California Code of Regulations, Title 13, Section 2423 and the incorporated California Exhaust Emission Standards and Test Procedures for New 2000 and Later Off-Road Compression-Ignition Engines, Part I-B). A minimum of three hot-start tests must be conducted using the specified test cycle. Applicants may request that the Executive Officer consider alternative test cycles, as described in subsection (f). (3) Stationary Engines. For stationary engines, the applicant must follow the steady-state test procedure outlined in the ARB off-road regulations (as referenced in (2) above). A minimum of three hot-start tests must be conducted using the specified test cycle. Applicants may request that the Executive Officer consider alternative test cycles and methods, as described in subsection (f). (f) Alternative Test Cycles and Methods. The applicant may request the Executive Officer to approve an alternative test cycle or method in place of a required test cycle or method. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the following: (1) Test procedures specified in airborne toxic control measures adopted by the ARB, e.g. the Airborne Toxic Control Measure for Stationary Compression Ignition Engines, (2) Similarity of average speed, percent of time at idle, average acceleration, and other characteristics to the specified test cycle or method and in-use duty cycle, (3) Body of existing test data generated using the alternative test cycle or method, (4) Technological necessity, and (5) Technical ability to conduct the required test. (g) Test Run. The number of tests indicated in Table 2 must be run for both baseline (without the diesel emission control strategy implemented) and control configurations. For strategies that include exhaust aftertreatment, engine backpressure and exhaust temperature must be measured and recorded on a second-by-second basis (1 Hertz) during at least one baseline run and each of the control test runs. (h) Verification of NOx Emission Reductions. The procedure for verifying NOx reductions depends on the magnitude and nature of the claimed reductions as follows: (1) For NOx reductions of 25 percent or more below the baseline NOx emissions, the testing protocol described in (e) may be used. (2) For NOx reductions of less than 25 percent below the baseline NOx emissions, additional hot-start test runs are required to attain equivalent confidence in the results. (A) For NOx reductions equal to or more than 20 percent, but less than 25 percent, each set of three hot-starts in paragraph (e) above must be augmented to five hot-starts (B) For NOx reductions equal to or more than 15 percent, but less than 20 percent, each set of three hot-starts in paragraph (e) above must be augmented to nine hot-starts. (i) Emissions During Particulate Filter Regeneration Events. For any diesel emission control strategy that has a distinct regeneration event, emissions that occur during the event must be measured and taken into account when determining the net emission reduction efficiency of the system. If a regeneration event will not occur during emission testing, applicants may pre-load the diesel emission control system with diesel PM to force such an event to occur during testing, subject to the approval of the Executive Officer. Applicants must provide data or engineering analysis indicating when events occur on test cycles and in actual operation (e.g., backpressure data). (j) Results. For all valid emission tests used to support emission reduction claims, the applicant must report emissions of total PM, non-methane hydrocarbons or total hydrocarbons (whichever is used for the relevant engine or vehicle certification), oxides of nitrogen, nitrogen dioxide, carbon monoxide, and carbon dioxide. (1) For mobile sources, or for engines tested using an engine dynamometer, emissions must be reported in grams/mile (g/mile) or grams/brake horsepower-hour (g/bhp-hr). (2) For stationary engines, gaseous and particulate matter emissions must be reported as required by the test methods approved by the Executive Officer. (k) Incomplete and Aborted Tests. The applicant must identify all incomplete and aborted tests and explain why those tests were incomplete or aborted. (l) Additional Analyses. The Executive Officer may require the applicant to perform additional analyses if there is reason to believe that the use of a diesel emission control strategy may result in the increase of toxic air contaminants, other harmful compounds, or a change in the nature or amount of the emitted particulate matter. (1) In its determination, the Executive Officer may consider all relevant data, including but not limited to the following: (A) The addition of any substance to the fuel, intake air, or exhaust stream, (B) Whether a catalytic reaction is known or reasonably suspected to increase toxic air contaminants or ozone precursors, (C) Results from scientific literature, (D) Field experience, and (E) Any additional data. (2) These additional analyses may include, but are not limited to, measurement of the following: (A) Benzene (B) 1,3-butadiene (C) Formaldehyde (D) Acetaldehyde (E) Polycyclic aromatic hydrocarbons (PAH) (F) Nitro-PAH (G) Dioxins (H) Furans (3) The Executive Officer will determine appropriate test methods for additional analyses in consultation with the applicant. (m) Quality Control of Test Data. The applicant must provide information on the test facility, test procedure, and equipment used in the emission testing. For data gathered using on-road and off-road test cycles and methods, applicants must provide evidence establishing that the test equipment used meets the specifications and calibrations given in the Code of Federal Regulations, Title 40, Part 86, subpart N. (n) The Executive Officer may, with respect to any diesel emission control strategy sold, leased, offered for sale, or manufactured for sale in California, order the applicant or strategy manufacturer to make available for testing and/or inspection a reasonable number of diesel emission control systems, and may direct that they be delivered at the applicant's expense to the state board at the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where specified by the Executive Officer. The Executive Officer may also, with respect to any diesel emission control strategy being sold, leased, offered for sale, or manufactured for sale in California, have an applicant test and/or inspect a reasonable number of units at the applicant or manufacturer's facility or at any test laboratory under the supervision of the Executive Officer. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2704. Durability Testing Requirements. (a) The applicant must demonstrate, to the satisfaction of the Executive Officer, the durability of the applicant's diesel emission control strategy through an actual field or laboratory-based demonstration combined with chassis or engine dynamometer-based emission tests. If the applicant chooses a laboratory-based durability demonstration, an additional field demonstration will be required to demonstrate in-field compatibility (pursuant to Section 2705). If the applicant has demonstrated the durability of the identical system in a prior verification or has demonstrated durability through field experience, the applicant may request that the Executive Officer accept the previous demonstration in fulfillment of this requirement. In evaluating such a request, the Executive Officer may consider all relevant information including, but not limited to, the similarity of baseline emissions and application duty cycles, the relationship between the emission control group used in previous testing and the current emission control group, the number of engines tested, evidence of successful operation and user acceptance, and published reports. (b) Engine Selection. Subject to the approval of the Executive Officer, the applicant may choose the engine and application to be used in the durability demonstration. The engine and application must be representative of the emission control group for which verification is sought. The selected engine need not be the same as the engine used for emission testing, but if the applicant does use the same engine, the emission testing may also be used for the initial durability tests. (c) Test Fuel. (1) The test fuel must meet the specifications in the California Code of Regulations (Sections 2280 through 2283 of Title 13), with the exception of the sulfur content or other properties previously identified by the applicant and approved by the Executive Officer. (2) If operation or performance of a diesel emission control strategy is affected by fuel sulfur content, the sulfur content of the test fuel must be no less than 66 percent of the stated maximum sulfur content for the diesel emission control strategy, unless (A) the testing is performed with fuel containing 15 ppmw or less sulfur for verification on 15 ppmw or less sulfur diesel fuel, or (B) the testing is performed with diesel fuel commercially available in California for verification on CARB diesel fuel (i.e., fuel meeting the specifications in Title 13, California Code of Regulations, Sections 2280 through 2283). (3) Baseline testing may be conducted with commercially available diesel fuel or diesel fuel with 15 ppmw or less sulfur. Baseline and control tests must be performed using the same fuel unless the control fuel is specified as a component of the emission control strategy. (4) The test fuel (or batch of fuel purchased) must be analyzed using American Society for Testing and Materials (ASTM) test methods listed in Table 6 (See Section 2710), which are incorporated herein by reference. At a minimum, sulfur content, aromatic content, polycyclic aromatic hydrocarbons, nitrogen content, and cetane number must be reported. The Executive Officer may ask for additional properties to be reported if evidence suggests those properties may affect functioning of the diesel emission control strategy. (d) Service Accumulation. The durability demonstration consists of an extended service accumulation period in which the diesel emission control strategy is implemented in the field or in a laboratory, with emission reduction testing before and after the service accumulation. Service accumulation begins after the first emission test and concludes before the final emission test. The pre-conditioning period required in Section 2703 (c) cannot be used to meet the service accumulation requirements. (1) Minimum Durability Demonstration Periods. The minimum durability demonstration periods are shown in Table 3, below. For strategies that include exhaust aftertreatment, engine backpressure and exhaust temperature must be measured and recorded for 1000 hours or over the entire durability period (whichever is shorter). The applicant may propose a sampling scheme for approval by the Executive Officer. The sampling scheme may include, but is not limited to, logging only significant changes in a parameter, averages, or changes above some threshold value. Data must be submitted electronically in columns as a text file or another format approved by the Executive Officer. Table 3. Minimum Durability Demonstration Periods Minimum Durability Engine Type Demonstration Period On-Road 50,000 miles or 1000 hours Off-Road (including portable engines) 1000 hours and Stationary Stationary Emergency 500 hours Standby Engines (2) Fuel for Durability Demonstrations. The fuel used during durability demonstrations should be equivalent to the test fuel, or a fuel with properties less favorable to the durability of the emission control strategy. Durability demonstrations may, at the applicant's option and with the Executive Officer's approval, include intentional misfueling events so that data on the effects of misfueling may be obtained. (e) Third-Party Statement for In-field Durability Demonstrations. For in-field durability demonstrations, the applicant must provide a written statement from an Executive Officer approved third party, such as the owner or operator of the vehicle or equipment used, at the end of the durability period. The statement must describe overall performance, maintenance required, problems encountered, and any other relevant comments. The results of a visual inspection conducted by the third party at the end of the demonstration period must also be described. The description should comment on whether the diesel emission control strategy is physically intact, securely mounted, leaking any fluids, and should include any other evaluative observations. (f) Test Cycle. Testing requirements are summarized in Table 4. Note that the same cycle(s) must be used for both the initial and final tests. (1) On-Road Applications. The applicant must perform either chassis or engine dynamometer-based testing before beginning and after completion of the service accumulation as specified in Table 4. A minimum of three hot-start tests are required for chassis testing while a minimum of one cold-start and three hot-start tests are required for engine testing. Chassis testing requires an additional three hot-starts on a low-speed cycle as described in Section 2703(e)(1)(B)2. As indicated in Section 2703(e)(1)(B)2., the applicant may request the Executive Officer to waive the tests on a low-speed cycle. If a field durability demonstration is selected, the applicant must perform chassis dynamometer testing, or request that the Executive Officer consider engine dynamometer testing. In reviewing the request, the Executive Officer may consider all relevant information, including, but not limited to the following: (A) Similarity of the field vehicle's engine to the laboratory engine, and (B) Similarity of the diesel emission control system's calibration and set-up when installed on the field vehicle to that when installed on the laboratory engine. (2) Off-road and Stationary Applications. The applicant must use the same cycle for the emission reduction testing as defined in Section 2703. A minimum of three hot-start tests is required. (g) Test Run. The requirements for emissions reduction testing are summarized in Table 4, below. (1) The diesel emission control strategy must undergo one set of emission tests before beginning and after completion of the service accumulation. Baseline testing with test repetitions as indicated in Table 4 must be conducted for either the initial test or the final test, but is suggested for both. If there are substantial test data from previous field studies or field demonstrations, applicants may request that the Executive Officer consider these in place of the initial emission tests. (2) As an alternative to testing a single unit before and after the service accumulation period, the applicant may request that the Executive Officer consider the testing of two identical units, one that has been preconditioned and another that has completed the service accumulation period. In reviewing the request, the Executive Officer may consider all relevant information, including, but not limited to, the following: (A) The effect of the diesel emission control strategy on engine operation over time. Strategies that cause changes in engine operation are likely not to qualify for this testing option. (B) The quality of the evidence the applicant can provide to support that the two units are identical, (C) Previous experience with similar or related technologies, and (D) Whether the applicant is participating in the U.S. EPA verification process and has made an agreement with U.S. EPA to test two units. (3) For strategies that include exhaust aftertreatment, engine backpressure and exhaust temperature must be measured and recorded on a second-by-second basis (1 Hertz) during at least one baseline run and each of the control test runs. Table 4. Emission Tests Required for Durability Demonstrations Initial Test (prior to service accumulation) Final Test (after completion of 100% of the Application Test Type service accumulation) Engine FTP Heavy-duty Transient Cycle (1 cold and 3 hot-starts) On-Road Chassis UDDS (3 hot-starts) and a low-speed cycle per 2703 (e)(1)(B)2. (3 hot-starts) Off-Road and Steady-state test cycle from portable Engine ARB off-road regulations or an engines alternative cycle (3 hot-starts) Stationary Engine Steady-state test cycle from ARB off-road regulations or an alternative cycle (3 hot-starts) (h) Maintenance During Durability Demonstration. Except for emergency engine repair, only scheduled maintenance on the engine and diesel emission control system and re-fill of additives (if any) may be performed during the durability demonstration. If normal maintenance includes replacement of any component of the diesel emission control system, the time (miles, years, or hours) between component change or refill must be reported with the results of the demonstration. (i) Performance Requirements. The diesel emission control strategy must meet the following requirements throughout the durability demonstration period: (1) If the applicant claims a percent emission reduction, the percent emission reduction must meet or exceed the initial verified percent emission reduction level. (2) If the applicant claims to achieve 0.01 g/bhp-hr for PM, the PM emission level must not exceed 0.01 g/bhp-hr. (3) The diesel emission control system must maintain its physical integrity. Its physical structure and all of its components not specified for regular replacement during the durability demonstration period must remain intact and fully functional. (4) The diesel emission control strategy must not cause any damage to the engine, vehicle, or equipment. (5) The backpressure caused by the diesel emission control strategy should not exceed the engine manufacturer's specified limits, or must not result in any damage to the engine. (6) No maintenance of the diesel emission control system beyond that specified in its owner's manual will be allowed without prior Executive Officer approval. (j) Conditional Verification for Off-road and Stationary Applications. If the Executive Officer determines that the diesel emission control strategy is technologically sound and appropriate for the intended application, he may grant a conditional verification for off-road and stationary applications upon completion of 33 percent of the minimum durability period. In making this determination, the Executive Officer may consider all relevant information including, but not limited to, the following: the design of the diesel emission control system, filter and catalyst substrates used, similarity of the system under consideration to verified systems, the intended application of the diesel emission control system, other relevant testing data, and field experience. Where conditional verification is granted, full verification must be obtained by completing the durability testing and all other remaining requirements. These requirements must be completed within a year after receiving conditional verification if laboratory testing is chosen and within three years if field testing is chosen. For the aforementioned time periods, conditional verification is equivalent to verification for the purposes of satisfying the requirements of in-use emission control regulations. (k) Failure During the Durability Demonstration Period. If the diesel emission control strategy fails to maintain its initial verified percent emission reduction or emission level for any reason, the Executive Officer may downgrade the strategy to the verification level which corresponds to the lowest degraded performance observed in the durability demonstration period. If the diesel emission control strategy fails to maintain at least a 25 percent PM reduction or 15 percent NOx reduction at any time during the durability period, the diesel emission control strategy will not be verified. If the diesel emission control strategy fails in the course of the durability demonstration period, the applicant must submit a report explaining the circumstances of the failure within 90 days of the failure. The Executive Officer may then determine whether to deny verification or allow the applicant to correct the failed diesel emission control strategy and either continue the durability demonstration or begin a new durability demonstration. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2705. Field Demonstration Requirements. (a) The applicant must demonstrate compatibility of its diesel emission control strategy in the field with at least one vehicle or piece of equipment belonging to the initial emission control group for which it seeks verification. Note that if the durability demonstration selected by the applicant is in-field, it may be used to satisfy the field demonstration requirement for that emission control group. (1) Compatibility is determined by the Executive Officer based on the third-party statement (see part (c) of this section) and any other data submitted including backpressure data. A diesel emission control strategy is compatible with the chosen application if it: (A) Does not cause damage to the engine or engine malfunction (B) Does not cause backpressure outside of the engine manufacturer's specified limits or which results in any damage to the engine (C) Does not hinder or detract from the vehicle or equipment's ability to perform its normal functions (D) Is physically intact and well mounted with no signs of leakage or other visibly detectable problems (2) To determine whether additional emission control groups require separate field demonstrations, the Executive Officer may consider all relevant information, including, but not limited to existing field experience and engineering justification and analysis. (b) Test Period. (1) For on- and off-road engines, and stationary engines not used in emergency generators, a vehicle or piece of equipment must be operated with the diesel emission control strategy installed for a minimum period of 200 hours or 10,000 miles, whichever occurs first. (2) For stationary emergency standby engines, the emission control system must remain in the field for at least 30 days and operation must include: (A) 12 maintenance runs (allowing for engine cool down between runs), and (B) a minimum of two separate 4 hour sessions where the engine is operated under load (allowing engine cool down between runs). (c) Reporting Requirements. (1) For strategies that include exhaust aftertreatment, engine backpressure and exhaust temperature must be measured and recorded over the entire demonstration period. The applicant may propose a sampling scheme for approval by the Executive Officer. The sampling scheme may include, but is not limited to, logging only significant changes in a parameter, averages, or changes above some threshold value. Data must be submitted electronically in columns as a text file or another format approved by the Executive Officer. (2) The applicant must provide a written statement from a third party approved by the Executive Officer, such as the owner or operator of the vehicle or equipment used in the field demonstration. The written statement must be provided at the end of the test period and must describe the following aspects of the field demonstration: overall performance of the test application and the diesel emission control strategy, maintenance performed, problems encountered, and any other relevant information. The results of a visual inspection conducted by the third party at the end of the demonstration period must also be described. The description should comment on whether the diesel emission control strategy is physically intact, securely mounted, leaking any fluids, and should include any other evaluative observations. (d) Failure During the Field Demonstration. If the diesel emission control strategy fails in the course of the field demonstration, the applicant must submit a report explaining the circumstances of the failure within 90 days of the failure. The Executive Officer may then determine whether to deny verification or allow the applicant to correct the failed diesel emission control strategy and either continue the field demonstration or begin a new field demonstration. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2706. Other Requirements. (a) Limit and Procedure for Measuring Nitrogen Dioxide (NO 2). (1) The post-control NO 2 emissions must not exceed 20 percent of the total baseline (pre-control) NOx emissions on a mass basis, from the same test cycle(s) for emission testing from Section 2703 (e). This limit takes effect beginning on January 1, 2007. Diesel emission control strategies verified and installed prior to January 1, 2007 are exempted from this requirement. Those verified prior to January 1, 2007 will no longer be allowed for installation after January 1, 2007 unless they meet the NO 2 emission limit. After January 1, 2007, all diesel emission control strategies verified and installed must meet this requirement. (2) NO 2 emissions are to be quantified by one of the following methods: (A) Two chemiluminescence analyzers, (B) A dual-path chemiluminescence analyzer, or (C) An alternative method approved by the Executive Officer. (3) For (2)(A) and (2)(B), the analyzers are to be fed from a heated and conditioned sample path. If two chemiluminescence analyzers are employed, they are to be simultaneously fed from a common heated sample path. One instrument (or path) shall be set to NOx mode, while the second shall be set to nitric oxide (NO) mode. The instrument (or path) set to NOx mode receives a sample that has passed through an NO 2 -to-NO converter, and the resultant concentration is designated as total NOx (NO+NO 2) in the sample. The instrument (or path) that is set to NO mode receives a sample that has not passed through the converter and quantifies the amount of NO only. The difference between NO and NOx is the amount of NO 2 in the sample. Both NO and NOx signals are recorded by an external data acquisition system at 1 Hertz. Using the average concentrations of NO and NOx over the entire test cycle, the conventional equation for calculating total NOx (Code of Federal Regulations, Title 40, part 86, Subpart N) is then used to generate a gram per mile or g/bhp-hr value for both NO and NOx. The resulting value for NO is then subtracted from that for NOx to determine the gram per mile or g/bhp-hr value for NO 2. The instrument for measuring NO and NOx must be calibrated in accordance with the NOx calibration procedure as described in the Code of Federal Regulations, Title 40, part 86, Subpart N. (4) Alternative Method to Measure NO 2. The applicant may request the Executive Officer to approve an alternative method in place of the required methods. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the following: (A) Correlation of the alternative method with the methods stated in 2(A) or 2(B). (B) Body of existing data generated using the alternative method. (b) Limits on Other Pollutants. (1) Limits on non-methane hydrocarbon (NMHC) and NOx. In order for a diesel emission control strategy to be verified, the applicant must comply with one of the following: (A) The diesel emission control strategy must not increase the emissions of either NMHC or NOx by more than ten percent of the baseline emissions level as reported under section 2708 (a), or (B) For strategies verified prior to July 1, 2006, the applicant must provide sufficient evidence to demonstrate that the sum of NMHC and NOx emissions with the strategy implemented does not exceed the baseline emission level sum of NMHC and NOx as reported under Section 2708(a); or (C) For strategies verified on or after July 1, 2006, the applicant must provide atmospheric modeling data which indicates that widespread use of the strategy will not result in an increase in exposure of the public to ozone. The atmospheric model employed must be approved in advance by the Executive Officer. (2) Limit on CO. (A) On-road and Off-road (including portable) Engines. In order for a diesel emission control strategy to be verified, the diesel emission control strategy must not increase the emissions of CO greater than the current CO emission standards for new diesel engines adopted by the Air Resources Board and in effect at the time of verification. (B) Stationary Engines. In order for a diesel emission control strategy to be verified, the diesel emission control strategy must either: 1. Meet the applicable CO standard for off-road engines of the same model year and maximum rated power as specified in the Off-Road Compression-Ignition Engine Standards (title 13, CCR, section 2423). If no standards have been established for an off-road engine of the same model year and maximum rated power as the stationary diesel-fueled CI engine, then the stationary diesel-fueled CI engine shall meet the Tier 1 standard in title 13, CCR, section 2423 for an off-road engine of the same maximum rated power, irrespective of the stationary diesel-fueled CI engine's model; Or 2. Not increase the emissions of CO by more than 10 percent of the baseline emissions level as reported under section 2708(a). (3) Limit on Ammonia (NH 3). In order for a diesel emission control strategy to be verified, the diesel emission control strategy must not increase the emissions of ammonia to a level greater than 25 parts per million by volume on average over any test cycle used to support emission reduction claims. (A) Emissions of ammonia are to be quantified with a method subject to approval by the Executive Officer which employs Fourier Transform Infrared (FTIR) spectroscopy. The applicant may request the Executive Officer to approve an alternative method in place of the required method. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, consistency with the method required by U.S. EPA and the body of existing data generated using the alternative method. (B) If an applicant does not expect its diesel emission control strategy to increase emissions of ammonia, the applicant may request that the Executive Officer waive the requirement to conduct testing for ammonia emissions. In reviewing the request, the Executive Officer may consider all relevant information including, but not limited to, the principles of operation of the diesel emission control strategy, the existence of a mechanism for ammonia formation, and published emissions data from similar technologies. (C) The strategy must be in compliance with applicable federal, state, and local government requirements relating to ammonia emissions, which may be more stringent than the limit presented here. (4) Other Pollutants. In order for a diesel emission control strategy to be verified, the diesel emission control strategy must not increase the emissions of other pollutants by more than ten percent of the baseline emission level as reported under Section 2708(a). (c) Fuel Additives. Diesel emission control strategies that use fuel additives must meet the following additional requirements for verification. Fuel additives must be used in combination with a level 3 diesel particulate filter unless they can be proven to the satisfaction of the Executive Officer to be safe for use alone. In addition, the applicant must meet the following requirements: (1) The applicant must submit the exact chemical formulation of the fuel additive, (2) Diesel emission control systems employing the dosing of an additive in conjunction with a diesel particulate filter must include an on-board monitor of the additive level in the reservoir, integrated with the diesel particulate filter. The on-board monitor for fuel additive must include indicators to notify the operator when the additive level becomes low and when the additive tank is empty. In addition, the on-board monitor must be capable of shutting off the supply of additive, if there is a detected diesel particulate filter problem, (3) The applicant must submit to the Executive Officer environmental, toxicological, epidemiological, and other health-related data pertaining to the fuel additive every two years. The Executive Officer will review the data, including any new information, and may revoke the verification if the data indicate that the fuel additives cause, or are linked, to negative environmental, or health consequences. (4) The applicant must conduct additional emission tests of fuel additives. (A) Except as provided in (B) below, the additional emission tests must follow the same test procedures, test cycles, and number of test runs as indicated in Section 2703, except that the concentration of the additive must be at least 50 ppm or 10 times higher than that specified for normal use, whichever is highest. In all other respects, the additive in the high concentration test solutions must be identical to that in the fuel additive submitted for verification. (B) The applicant may petition to use a concentration less than that required in (A), above, if the higher dose would result in catastrophic damage to the engine. The applicant must supply information on the failure modes, and the level of the additive that would trigger failure. The applicant must also supply information and data supporting the highest feasible dose for testing. An increase in emissions is not by itself sufficient to justify a dose lower than that required in (A), above, and must be correlated to potential engine damage. After reviewing this information and any other relevant information, the Executive Officer shall determine if testing at a lower level could be accepted, or if testing must be conducted at 50 ppm or ten times the specified dose rate as required in (A). (5) Fuel additives must be in compliance with applicable federal, state, and local government requirements. This requirement includes, but is not limited to, registration of fuel additives with the U.S. EPA. (d) Engine Backpressure and Monitoring. During the emission and durability testing, the applicant must demonstrate that the backpressure caused by its diesel emission control system is within the engine manufacturer's specified limits, or will not result in any damage to the engine. Furthermore, (1) If operation of the engine with the diesel emission control system installed will result in a gradual build-up of backpressure exceeding the engine's specified limits over time (such as due to the accumulation of ash in a filter), information describing how the backpressure will be reduced must be included. (2) All filter-based diesel emission control systems must be installed with a backpressure monitor to notify the operator when the high backpressure limit, as specified by the engine manufacturer or included in the verification, is approached. The applicant must identify the high backpressure limits of the system in its application for verification. (3) The Executive Officer reserves the right to require monitors that identify low backpressure limits in those cases where failures leading to low backpressure are unlikely to be detected, or have the potential to cause environmental damage beyond that caused by the engine prior to being equipped with the emission control strategy (e.g., systems that introduce additives into the fuel). (e) Fuel and Oil Requirements. The applicant must specify the fuel and lubricating oil requirements necessary for proper functioning of the diesel emission control system. The applicant must also specify any consequences that will be caused by failure to comply with these requirements, as well as methods for reversing any negative consequences. (f) Maintenance Requirements. The applicant must identify all normal maintenance requirements for the diesel emission control system. The applicant must specify the recommended intervals for cleaning and/or replacing components. Any components to be replaced within the defects warranty period must be covered with the original diesel emission control system package or provided free of charge to the customer at the appropriate maintenance intervals. Any normal maintenance items that the applicant does not intend to provide free of charge must be approved by the Executive Officer (the applicant is not required to submit cost information for these items). In addition, the applicant must specify procedures for proper handling of spent components and/or materials cleaned from the diesel emission control system. If any such materials are hazardous, the applicant must identify them as such in the owner's manual. For filter-based diesel emission control strategies, the applicant must include procedures for resetting any backpressure monitors after maintenance procedures are completed. (g) System Labeling. (1) The applicant must ensure that a legible and durable label is affixed on both the diesel emission control system and the engine on which the diesel emission control system is installed except as noted in (3) below. The required labels must identify the name, address, and phone number of the manufacturer, the diesel emission control strategy family name (defined in (2) below), a unique serial number, and the month and year of manufacture. The month and year of manufacture are not required on the label if this information can be readily obtained from the applicant by reference to the serial number. A scale drawing of a sample label must be submitted with the verification application. Unless an alternative is approved by the Executive Officer, the label information must be in the following format: Name, Address, and Phone Number of Manufacturer Diesel Emission Control Strategy Family Name Product Serial Number ZZ-ZZ (Month and Year of manufacture, e.g., 06-02) (2) Diesel Emission Control Strategy Family Name. Each diesel emission control strategy shall be assigned a family name defined as below: CA/MMM/YYYY/PM#/N /APP/XXXXX CA: Designates a diesel emission control strategy verified in California MMM: Manufacturer code (assigned by the Executive Officer) YYYY: Year of verification PM#: PM verification level 1, 2, or 3 (e.g., PM3 means a level 3 PM emission control system). N : NOx verified reduction level in percent, if any (e.g., N25 means NOx reduction of 25 percent). APP: Verified application which may include a combination of On-road (ON), Off-road (OF), or Stationary (ST) XXXXX: Five alphanumeric character code issued by the Executive Officer (3) The applicant may request that the Executive Officer approve an alternative format or waive the requirement to affix a label to the diesel emission control system or engine as described in this section. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the informational content of an alternative label as proposed by the applicant. (h) Additional Information. The Executive Officer may require the applicant to provide additional information about the diesel emission control strategy or its implementation when such information is needed to assess environmental impacts associated with its use. (i) Owner's Manual. The applicant must provide a copy of the diesel emission control system owner's manual, which must clearly specify at least the following information: (1) Warranty statement including the warranty period over which the applicant is liable for any defects. (2) Installation procedure and maintenance requirements for the diesel emission control system. (3) Possible backpressure range imposed on the engine. (4) Fuel consumption penalty, if any. (5) Fuel requirements including sulfur limit, if any. (6) Handling and supply of additives, if any. (7) Instructions for reading and resetting the backpressure monitor. (8) Requirements for lubrication oil quality and maximum lubrication oil consumption rate. (9) Contact information for replacement components and cleaning agents. (10) Contact information to assist an end-user to determine proper ways to dispose of waste generated by the diesel emission control strategy (e.g., ash accumulated in filter-based systems). At a minimum, the owner's manual should indicate that disposal must be in accordance with all applicable Federal, State and local laws governing waste disposal. (j) Noise Level Control. Any diesel emission control system that replaces a muffler must continue to provide at a minimum the same level of exhaust noise attenuation as the muffler with which the vehicle was originally equipped by the vehicle or engine manufacturer. Applicants must ensure that the diesel emission control system complies with all applicable noise limits contained in Part 205, Title 40, Code of Federal Regulations and California Vehicle Code, Sections 27150, 27151 and 27200 through 27207, for the gross vehicle weight rating and year of manufacture of the vehicle for which the diesel emission control strategy is intended. All diesel emission control systems must be in compliance with applicable local government requirements for noise control. (k) Multimedia Assessment for Fuel Strategies. Diesel emission control strategies which rely on fuel changes either through use of additives or through use of alternative diesel fuels must undergo an evaluation of the multimedia effects. No diesel emission control strategy that relies on the use of an additive or an alternative fuel may be verified unless a multimedia evaluation of the additive or alternative fuel has been conducted and the California Environmental Policy Council established by Public Resources Code section 71017 has determined that such use will not cause a significant adverse impact on the public health or the environment, pursuant to Health and Safety Code section 43830.8. No person shall sell, offer for sale, supply or offer for supply an alternative fuel or a diesel fuel in California that contains an additive for use in a verified diesel emission control strategy unless such a multimedia evaluation has been conducted and resulted in a determination that use of the alternative fuel or additive will not cause a significant adverse impact on the public health and the environment. The applicant shall bear the expense of conducting the multimedia assessment. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600, 43700 and 43830.8, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107, 43204-43205.5 and 43830.8, Health and Safety Code; Section 71017, Public Resources Code; and Title 17 California Code of Regulations Section 93000. s 2707. Warranty Requirements. (a)(1) Product Warranty. (A) The applicant must warrant to all owners, for ownership within the warranty period and lessees, for lease contracts within the warranty period, that its verified diesel emission control strategy is free from defects in design, materials, workmanship, or operation of the diesel emission control strategy which cause the diesel emission control strategy to fail to conform to the emission control performance level it was verified to, or to the other requirements of Sections 2700-2706, and 2710 for the minimum periods shown in Table 5, provided the operation of and conditions of use for the vehicle, equipment, engine, and diesel emission control strategy conform with the operation and conditions specified in the ARB's Executive Order. (B) For each engine type and size listed in Table 5, the minimum defects warranty period is terminated by that listed event which occurs first. The warranty must cover the full repair or replacement cost of the diesel emission control strategy, including parts and labor. (C) The warranty must also cover the full repair or replacement cost of returning engine components to the condition they were in prior to the failure, including parts and labor, for damage to the engine proximately caused by the verified diesel emission control strategy. Repair or replacement of any warranted part, including the engine, must be performed at no charge to the vehicle or engine owner. This includes only those relevant diagnostic expenses in the case in which a warranty claim is valid. The applicant may, at its option, instead pay the fair market value of the engine prior to the time the failure occurs. (D) The repair or replacement of any warranted part otherwise eligible for warranty coverage, may be excluded from such warranty coverage if the diesel emission control strategy, vehicle or engine has been abused, neglected, or improperly maintained, and that such abuse, neglect, or improper maintenance was the direct cause of the need for the repair or replacement of the part. (E) Failure of the vehicle or engine owner to ensure scheduled maintenance or to keep maintenance records for the vehicle, equipment, engine, or diesel emission control strategy may, but shall not per se, be grounds for disallowing a warranty claim. (2) Installation Warranty (A) A person or company who installs a verified diesel emission control strategy must warrant that the installation is free from defects in workmanship or materials which cause the diesel emission control strategy to fail to conform to the emission control performance level it was verified to or the other requirements of sections 2700-2706 for the minimum time periods shown in Table 5. (B) For each engine type and size listed in Table 5, the minimum defects warranty period is terminated by that listed event whichever occurs first. The extent of the warranty coverage provided by installers must be the same as the warranty provided by the applicant as established in subsection (a)(1) and the same exclusions must apply. Table 5. Minimum Warranty Periods Engine Minimum Warranty Type Engine Size Period On-Road Light heavy-duty, 70 to 170 hp, Gross Vehicle Weight Rating 5 years or 60,000 miles (GVWR) less than 19,500 lbs. Medium heavy-duty, 170 to 250 hp, GVWR from 19,500 lbs. to 5 years or 100,000 miles 33,000 lbs. Heavy heavy-duty, exceeds 250 hp, GVWR exceeds 33,000 lbs. 5 years or 150,000 miles Heavy heavy-duty, exceeds 250 hp, GVWR exceeds 33,000 lbs., and the truck is: 1. Typically driven over 100,000 2 years, unlimited miles miles per year, and 2. Has less than 300,000 miles on the odometer at the time of installation. Off-Road Under 25 hp, and for constant speed (includes engines rated under 50 hp with rated portable speeds greater than or equal to 3 years or 1,600 hours engines) and 3,000 rpm Stationary At or above 25 hp and under 50 hp 4 years or 2,600 hours At or above 50 hp 5 years or 4,200 hours (b)(1) Product Warranty Statement. The applicant must furnish a copy of the following statement in the owner's manual. The applicant may include descriptions of circumstances that may result in a denial of warranty coverage, but these descriptions shall not limit warranty coverage in any way. YOUR WARRANTY RIGHTS AND OBLIGATIONS (Applicant's name) must warrant the diesel emission control system in the application for which it is sold or leased to be free from defects in design, materials, workmanship, or operation of the diesel emission control system which cause the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706, and 2710, for the periods of time listed below, provided there has been no abuse, neglect, or improper maintenance of your diesel emission control system, vehicle or equipment, as specified in the owner's manuals. Where a warrantable condition exists, this warranty also covers the engine from damage caused by the diesel emission control system, subject to the same exclusions for abuse, neglect or improper maintenance of your vehicle or equipment. Please review your owner's manual for other warranty information. Your diesel emission control system may include a core part (e.g., particulate filter, diesel oxidation catalyst, selective catalytic reduction converter) as well as hoses, connectors, a back pressure monitor (if applicable), and other emission-related assemblies. Where a warrantable condition exists, (applicant's name) will repair or replace your diesel emission control system at no cost to you including diagnosis, parts, and labor. WARRANTY COVERAGE: For a (engine size) engine used in a(n) (type of application) application, the warranty period will be (years or hours or miles of operation) whichever occurs first. If any emission-related part of your diesel emission control system is defective in design, materials, workmanship, or operation of the diesel emission control system thus causing the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706, and 2710, within the warranty period, as defined above, (Applicant's name) will repair or replace the diesel emission control system, including parts and labor. In addition, (applicant's name) will replace or repair the engine components to the condition they were in prior to the failure, including parts and labor, for damage to the engine proximately caused by the verified diesel emission control strategy. This also includes those relevant diagnostic expenses in the case in which a warranty claim is valid. (Applicant 's name) may, at its option, instead pay the fair market value of the engine prior to the time the failure occurs. OWNER'S WARRANTY RESPONSIBILITY As the (vehicle, engine, equipment) owner, you are responsible for performing the required maintenance described in your owner's manual. (Applicant's name) recommends that you retain all maintenance records and receipts for maintenance expenses for your vehicle, engine, or equipment, and diesel emission control system. If you do not keep your receipts or fail to perform all scheduled maintenance, (applicant's name) may have grounds to deny warranty coverage. You are responsible for presenting your vehicle, equipment, or engine, and diesel emission control system to a (applicant's name) dealer as soon as a problem is detected. The warranty repair or replacement should be completed in a reasonable amount of time, not to exceed 30 days. If a replacement is needed, this may be extended to 90 days should a replacement not be available, but must be performed as soon as a replacement becomes available. If you have questions regarding your warranty rights and responsibilities, you should contact (Insert chosen applicant's contact) at 1-800-xxx-xxxx or the California Air Resources Board at 9528 Telstar Avenue, El Monte, CA 91731, or (800) 363-7664, or electronic mail: helpline@arb.ca.gov. (2) Installation Warranty Statement. The installer must furnish the owner with a copy of the following statement. YOUR WARRANTY RIGHTS AND OBLIGATIONS (Installer's name) must warrant that the installation of a diesel emission control system is free from defects in workmanship or materials which cause the diesel emission control system to fail to conform to the emission control performance level it was verified to, or to the requirements in the California Code of Regulations, Title 13, Sections 2700 to 2706. The warranty period and the extent of the warranty coverage provided by (installer's name) must be the same as the warranty provided by the product manufacturer, and the same exclusions must apply. OWNER'S WARRANTY RESPONSIBILITY As the vehicle, engine, or equipment owner, you are responsible for presenting your vehicle, engine, or equipment, and diesel emission control system to (installer's name) as soon as a problem with the installation is detected. If you have questions regarding your warranty rights and responsibilities, you should contact (Insert chosen installer's contact) at 1-800-xxx-xxxx or the California Air Resources Board at 9528 Telstar Avenue, El Monte, CA 91731, or (800) 363-7664, or electronic mail: helpline@arb.ca.gov. (c) Diesel Emission Control Strategy Warranty Report. The applicant must submit a warranty report to the Executive Officer by February 1 of each calendar year. The applicant must also submit a warranty report within 30 calendar days if warranty claims exceed four percent of the number of diesel engines using the diesel emission control strategy. The warranty report must include the following information: (1) Annual and cumulative sales, and annual and cumulative leases of diesel emission control systems (California only). (2) Annual and cumulative production of diesel emission control systems (California only). (3) Annual summary of warranty claims (California only). The summary must include: (A) A description of the nature of the claims and of the warranty replacements or repairs. The applicant must categorize warranty claims for each diesel emission control strategy family by the component(s) replaced or repaired. (B) The number and percentage of diesel emission control systems of each model for which a warranty replacement or repair was identified. (C) A short description of the diesel emission control system component that was replaced or repaired under warranty and the most likely reason for its failure. (4) Date the warranty claims were filed and the engine family and application the diesel emission control systems were used with. (5) Delineate the reason(s) for any instances in which warranty service is not provided to end-users that file warranty claims. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2708. Determination of Emissions Reduction. (a) Calculation of Emissions Reduction. The emissions reduction verified for a diesel emission control strategy is based on the average of all valid test results before (baseline) and after (control) implementation of the diesel emission control strategy. Test results from both emission testing and durability testing are to be used. If the applicant chooses to perform either the initial or the final durability baseline test, but not both, it must use those results to calculate the reductions obtained in both the initial and final control tests. (1) Percentage Reduction. The percentage reduction for a given pair of baseline and control test sets (where a "set" consists of all test cycle repetitions, e.g., the test set of 3 hot-start UDDS tests) is the difference between the average baseline and average control emissions divided by the average baseline emissions, multiplied by 100 percent. The average of all such reductions, as shown in the equation below, is used in the verification of a diesel emission control strategy. (A) For any test set involving cold and hot starts, the time weighted emission result is to be calculated by weighting the cold-start emissions by one-seventh (1/7) and the hot-start emissions by six-sevenths (6/7) as shown below. Weighted Emission Result = 1/7* average cold-start emissions + 6/7* average hot-start emissions (B) For applicants seeking verification of NOx reductions from on-road applications, weighted test results from the additional test set described in subsection 2703(e)1(C) are included in the percentage reduction equation above. The Executive Officer shall determine an appropriate weighting factor in consultation with the applicant based on factors including, but not limited to, the amount of time that vehicles within the selected emission control group have elevated NOx emissions and the breadth of engines and applications encompassed by the emission control group. (2) The absolute emission level is the average control emission level, as defined in the following equation: (b) Categorization of the Diesel Emission Control Strategy. The Executive Officer shall categorize diesel emission control strategies to reduce PM and NOx emissions based on their verified emission reductions. Diesel emission control strategies that reduce NOx will be assigned their verified emission reduction in five percent increments. Diesel emission control strategies are categorized by their PM reductions as follows: (1) Level one: the system has been demonstrated under these procedures to reduce PM emissions by at least 25 percent from the baseline emission level. (2) Level two: the system has been demonstrated under these procedures to reduce PM emissions by at least 50 percent from the baseline emission level. (3) Level three: the system has been demonstrated under these procedures to reduce PM emissions by at least 85 percent from the baseline emission level, or to achieve PM emission levels of 0.01 grams per brake-horsepower-hour (g/bhp-hr) or less. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2709. In-Use Compliance Requirements. (a) Applicability. These in-use compliance requirements apply to all diesel emission control strategies for on-road, off-road, and stationary applications. It is the responsibility of the applicant to perform in-use compliance testing for each verified diesel emission control strategy family (see Section 2706(g)(2)). Testing is required when 50 units within a given diesel emission control strategy family have been sold or leased in the California market. Applicants must submit an in-use compliance testing proposal for approval by the Executive Officer prior to the in-use compliance testing. (b) Test Phases. In-use compliance testing, as described below in (c), (d), and (e), must be conducted at two different phases for each diesel emission control strategy family: (1) Phase 1. Applicants must obtain and test diesel emission control systems once they have been operated for at least one year or within three months of their first maintenance, whichever comes first. (2) Phase 2. Applicants must obtain and test diesel emission control systems once they have been operated between 60 and 80 percent of their minimum warranty period. For all systems used with heavy heavy-duty vehicles, the 60 to 80 percent window must be applied to the 5 year or 150,000 mile minimum warranty period. (c) Selection of Diesel Emission Control Systems for Testing. For each diesel emission control strategy family and for both test phases, the Executive Officer will identify a representative sample of engines or vehicles equipped with diesel emission control systems for in-use compliance testing. The engines or vehicles equipped with the selected diesel emission control systems must have good maintenance records and may receive a tune-up or normal maintenance prior to testing. The applicant must obtain information from the end users regarding the accumulated mileage or hours of usage, maintenance records (to the extent practicable), operating conditions and a description of any unscheduled maintenance that may affect the emission results. (d) Number of Diesel Emission Control Systems to be Tested. The number of diesel emission control systems an applicant must test in each of the two test phases will be determined as follows: (1) A minimum of four diesel emission control systems in each diesel emission control strategy family must be tested. For every system tested that does not reduce emissions by at least 90 percent of the lower bound of its initial verification level (or does not achieve an emission level less than or equal to 0.011 g/bhp-hr of PM), two more diesel emission control systems from the same family must be obtained and tested. The total number of systems tested shall not exceed ten per diesel emission control strategy family. (2) At the discretion of the Executive Officer, applicants may begin by testing more than the minimum of four diesel emission control systems. Applicants may concede failure of an emission control system before testing a total of ten diesel emission control systems. (e) In-use Compliance Emission Testing. Applicants must follow the testing procedure used for emission reduction verification as described in Section 2703 (both baseline and control tests are required). In addition, applicants must select the same test cycle(s) that they used to verify the diesel emission control strategy originally. If a diesel emission control strategy verified by U.S. EPA must perform engine dynamometer testing with the Heavy-duty Transient FTP cycle to fulfill the in-use compliance requirements of that program, but was verified by the Executive Officer with chassis dynamometer testing, the Executive Officer will also accept testing with the Heavy-duty Transient FTP cycle for the in-use compliance requirements of this Procedure. If a diesel emission control strategy fails catastrophically during the in-use compliance testing, the applicant must provide an investigative report detailing the causes of the failure to the Executive Officer within 90 days of the failure. (f) The Executive Officer may approve an alternative to the in-use testing described above, on a case by case basis, if such testing is overly burdensome to either the applicant or to the end-users due to the nature of the industry the particular diesel emission control systems are used in. The proposed alternative must use scientifically-sound methodology and be designed to determine whether the diesel emission control strategy is in compliance with the emission reductions the Executive Officer verified it to. (g) The Executive Officer may, with respect to any diesel emission control strategy sold, leased, offered for sale, or manufactured for sale in California, order the applicant or strategy manufacturer to make available for compliance testing and/or inspection a reasonable number of diesel emission control systems, and may direct that they be delivered at the applicant's expense to the state board at the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California or where specified by the Executive Officer. The Executive Officer may also, with respect to any diesel emission control strategy being sold, leased, offered for sale, or manufactured for sale in California, have an applicant compliance test and/or inspect a reasonable number of units at the applicant or manufacturer's facility or at any test laboratory under the supervision of the ARB Executive Officer. (h) In-Use Compliance Report. The applicant must submit an in-use compliance report to the Executive Officer within three months of completing each phase of testing. The following information must be reported for each of the minimum of four diesel emission control systems tested: (1) Parties involved in conducting the in-use compliance tests. (2) Quality control and quality assurance information for the test equipment. (3) Diesel emission control strategy family name and manufacture date. (4) Vehicle or equipment and type of engine (engine family name, make, model year, model, displacement, etc.) the diesel emission control system was applied to. (5) Estimated mileage or hours the diesel emission control system was in use. (6) Results of all emission testing. (7) Summary of all maintenance, adjustments, modifications, and repairs performed on the diesel emission control system. (i) The Executive Officer may request the applicant to perform additional in-use testing if the warranty claims exceed four percent of the number of diesel engines using the diesel emission control strategy, or based on other relevant information. As noted in Section 2707(c), if warranty claims exceed four percent of the number of diesel engines using the diesel emission control strategy, the applicant must notify the Executive Officer and submit a warranty report within 30 calendar days of that time. (j) Conditions for Passing In-Use Compliance Testing. For a diesel emission control strategy to pass in-use compliance testing, emission test results must indicate that the strategy reduced emissions by at least 90 percent of the lower bound of the emission reduction level the Executive Officer originally verified it to. If the first four diesel emission control systems tested within a diesel emission control strategy family meet this standard, the diesel emission control strategy passes in-use compliance testing. If any of the first four diesel emission control systems tested within a diesel emission control strategy family fail to reduce emissions by at least 90 percent of the lower bound of the emission reduction level the Executive Officer originally verified it to, and more than four units are tested, at least 70 percent of all units tested must pass the 90 percent standard for the diesel emission control strategy family to pass in-use compliance testing. For each failed test, for which the cause of failure can be attributed to the product and not to maintenance or other engine-related problems, two additional units must be tested, up to a total of ten units per diesel emission control strategy family. (k) Failure of In-use Compliance Testing. If a diesel emission control strategy family does not meet the minimum requirements for compliance, the applicant must submit a remedial report within 90 days after the in-use compliance report is submitted. The remedial report must include: (1) Summary of the in-use compliance report. (2) Detailed analysis of the failed diesel emission control systems and possible reasons for failure. (3) Remedial measures to correct or replace failed diesel emission control systems as well as the rest of the in-use diesel emission control systems. (l) The Executive Officer may evaluate the remedial report, annual warranty report, and all other relevant information to determine if the diesel emission control strategy family passes in-use compliance testing. The Executive Officer may request more information from the applicant. Based on this review, the Executive Officer may lower the verification level or revoke the verification status of a verified diesel emission control strategy family. The Executive Officer may also lower the verification level or revoke the verification status of a verified diesel emission control strategy family, if the applicant does not conduct in-use compliance testing in accordance with this section, or if the Executive Officer conducts in-use compliance testing in accordance with this section (including alternative testing) and the diesel emission control strategy family does not pass the standards in this section. (m) The Executive Officer may lower the verification level or revoke the verification status of a verified diesel emission control strategy family if the applicant fails to observe the requirements of Sections 2706 or 2707. The Executive Officer must allow the applicant an opportunity to address the possible lowering or revocation of the verification level in a remedial report to the Executive Officer and the Executive Officer may make this determination based on all relevant information. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600 and 43700, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107 and 43204-43205.5, Health and Safety Code; and Title 17 California Code of Regulations Section 93000. s 2710. Verification of Emission Reductions for Alternative Diesel Fuels. (a) Applicability. This section applies to in-use strategies that include emission reductions from the use of alternative diesel fuels. The requirements in this section are in addition to those in Sections 2700-2709, except as specifically noted. (b) Alternative Diesel Fuel Proposed Test Protocol. The applicant must submit a proposed test protocol which includes: (1) References to criteria pollutant and toxic emissions sampling and analyses that are consistent with the requirements of Section 2703. (2) Description and Parameters of Alternative Diesel Fuels. (A) The applicant must describe the applicability of the alternative diesel fuel to diesel engines and identify any requirements for engine or fuel system modifications. (B) The applicant must provide a general description of the alternative diesel fuel that includes the fuel type, fuel characteristics, fuel properties, fuel formulation, and chemical composition. The applicant for the candidate alternative diesel fuel must specify the following: 1. Identity, chemical composition, and concentration of fuel additives 2. Sulfur content 3. Total aromatic content 4. Total polycyclic aromatic hydrocarbon content 5. Nitrogen content 6. API gravity (density) 7. Distillation temperature distribution information, initial boiling point (IBP), 8. 10% recovered (REC), 5O% REC, 90% REC, and end point (EP) (C) The applicant must provide information on the candidate alternative diesel fuel that may affect engine performance, engine wear, and safety. The applicant for the candidate alternative diesel fuel must specify the following: 1. Viscosity (engine performance) 2. Fuel volatility (engine performance) 3. Ignition quality (engine performance) 4. Fuel operating temperatures (engine performance) 5. Engine wear tendencies (engine wear) 6. Corrosion (engine wear) 7. Lubricity (engine wear) 8. Fuel flash point (safety) (D) The applicant must provide information on the candidate alternative diesel fuel to determine if there are chemicals in the fuel that may increase levels of toxic compounds or potentially form toxic compounds in the fuel. The applicant will conduct an analysis for metals and elements by a method specified by the applicant. Copper, iron, cerium, lead, cadmium, chromium, and phosphorus must be included in the analysis. Additional analysis for other toxic compounds may be required after reviewing the chemical composition of the candidate alternative diesel fuel and its additives. (Note: For alternative diesel fuels that are in part comprised of standard diesel fuel, such as emulsified diesel fuels, a toxic analysis of the diesel base fuel is not necessary). (E) With the approval of the Executive Officer or designee, an applicant may also specify different fuel parameters and test methods that are appropriate to better characterize the candidate alternative diesel fuel. (3) Upon review of the proposed test protocol, the Executive Officer or designee may require additional fuel components, parameters, and specifications to be determined. Reference Fuel Specifications. The reference fuel used in the comparative testing described in Section 2710(d) allows the applicant three options in selecting a reference fuel. (4)(A) Option (1). The first option is to use a 10 percent aromatic California diesel reference fuel . The reference fuel must be produced from straight-run California diesel fuel by a hydrodearomatization process and must have the characteristics set forth below under "Reference Fuel Specifications" (the listed ASTM methods are incorporated herein by reference). (B) Option (2). The second option is to make the reference fuel from a custom blend using a "like" California diesel fuel made from a straight-run California diesel fuel by a hydroaromatization process and must have the characteristics set forth below under "Reference fuel Specifications. In addition the reference fuel must exhibit the bell shaped distillation curve characteristic of diesel fuel and no chemical feedstocks or pure chemicals such as solvents can be used as blend stocks. Details of the source and specifications of the feedstocks must be provided in the protocol and the processes and diesel feedstocks used to make the reference fuel must be reviewed and approved by the Executive Officer. (C) Option (3). For alternative diesel fuels that contain diesel as a base fuel such as emulsified diesel fuel and 80:20 biodiesel fuel (80 percent diesel/20 percent biodiesel), the base diesel fuel used to make the alternative diesel fuel can be used in place of the 10 percent aromatic California diesel reference fuel. The base diesel fuel must be a certified, commercially available diesel fuel sold in California. The sulfur content, aromatic hydrocarbon content, polycyclic aromatic hydrocarbon content, nitrogen content, natural cetane number, API gravity, viscosity, and distillation specifications must be provided for the base diesel fuel used for the reference fuel. Table 6. Fuel Test Methods and Reference Fuel Specifications General Reference ASTM Test Property Fuel Specifications Method Sulfur Content 500 ppm max D5453-93 Aromatic Hydrocarbon 10% max D5186-96 content, Vol. % Polycyclic Aromatic 1.4% max D5186-96 Hydrocarbon content % Nitrogen Content 10 ppm max D4629-96 Natural Cetane Number 48 min D613-84 Gravity, API 33-39 D287-82 Viscosity at 40°, cSt 2.0-4.1 D445-83 Flash point,° F 130 D93-80 Distillation,° F D86-96 IBP 340-420 10%nEC 400-490 50%nEC 470-560 90%nEC 550-610 EP 580-660 (5) The identity of the entity proposed to conduct the tests described in Section 2710(d); (6) Reasonably adequate quality assurance and quality control procedures; (7) Notification of any outlier identification and exclusion procedure that will be used, and (8) A demonstration that any procedure meets generally accepted statistical principles. (c) Application for Alternative Diesel Fuel Emission Reduction Verification. Upon completion of the tests, the applicant may submit an application for verification to the Executive Officer or designee. The application must follow the format in Section 2702(d) as applicable and include: (1) The approved test protocol, (2) All of the test data, (3) Copy of the complete test log prepared in accordance with Section 2710(d)(3)(B), (4) A demonstration that the candidate alternative diesel fuel meets the requirements for verification set forth in this section, and (5) Such other information as the Executive Officer or designee may reasonably require. (d) Emissions Test Procedures for Particulates, Nitrogen Oxides, Soluble Organic Fraction, Hydrocarbons, and Toxics. (1) Criteria pollutants test requirements. In each test of a fuel, exhaust emissions of NOx, NO2 (pursuant to Section 2706(a)(2)), total PM, carbon monoxide, carbon dioxide, and hydrocarbons must be measured. In addition, for each test the soluble organic fraction (SOF) of the particulate matter in the exhaust emissions must be determined in accordance with the Air Resources Board's "Test Method for Soluble Organic Fraction (SOF) Extraction" dated April 1989, which is incorporated herein by reference. (2) Toxic emissions sampling and analysis requirements. Exhaust emissions of formaldehyde, acetaldehyde, benzene, toluene, ethyl benzene, xylenes, butadiene, and polycyclic aromatic hydrocarbons are to be sampled and analyzed as specified in Table 7 for a minimum of three test samples collected from separate emission test repetitions. Table 7. Toxics sampling and analysis [FN1], [FN2] Toxics Method Formaldehyde and ARB SOP 104 acetaldehyde Benzene toluene, ethyl ARB SOP 102/103 benzene, xylenes, and butadiene Polycyclic aromatic ARB method 429 [FN3] hydrocarbons [FN1] Additional toxics sampling may be required depending on the chemical composition of the additives in the fuel. [FN2] At a minimum tunnel blanks are required prior to and after conducting toxic emissions sampling for the reference fuel and candidate alternative diesel fuel. [FN3] PAH sampling consists of a filter to collect particulate PAHs and XAD resin to collect volatile PAHs. The sampling protocol needs to be included in the test protocol. Analysis of the samples will be performed by ARB method 429. (3) Emission test requirements and test sequence for emissions test program. (A) The applicant must follow the emission test requirements from Section 2703 subsections (a), (b), (k), (l), (m), and (n). For all on-road, off-road, and stationary diesel vehicles and equipment, the applicant must conduct engine dynamometer testing using the Federal Test Procedure (FTP) Heavy-duty Transient Cycle, in accordance with the provisions in the Code of Federal Regulations, Title 40, Part 86, Subpart N. The applicant must use one of the following test sequences: 1. If both cold start and hot start exhaust emission tests are conducted, a minimum of five exhaust emission tests must be performed on the engine with each fuel, using either of the following sequences, where "R" is the reference fuel and "C" is the candidate alternative diesel fuel: RC CR RC CR RC (and continuing in the same order) or RC RC RC RC RC (and continuing in the same order). The engine mapping procedures and a conditioning transient cycle must be conducted with the reference fuel before each cold start procedure using the reference fuel. The reference cycle used for the candidate alternative diesel fuel must be the same as determined for the reference fuel. 2. If only hot start exhaust emission tests are conducted, one of the following test sequences must be used throughout the testing, where "R" is the reference fuel and "C" is the candidate alternative diesel fuel: Alternative 1: RC CR RC CR (continuing in the same order for a given calendar day; a minimum of twenty individual exhaust emission tests must be completed with each fuel) Alternative 2: RR CC RR CC (continuing in the same order for a given calendar day; a minimum of twenty individual exhaust emission tests must be completed with each fuel) Alternative 3: RRR CCC RRR CCC (continuing in the same order for a given calendar day: a minimum of twenty-one individual exhaust emission tests must be completed with each fuel) For all alternatives, an equal number of tests must be conducted using the reference fuel and the candidate alternative diesel fuel on any given calendar day. At the beginning of each calendar day, the sequence of testing must begin with the fuel that was tested at the end of the preceding day. The engine mapping procedures and a conditioning transient cycle must be conducted at the beginning of each day for the reference fuel. The reference cycle used for the candidate alternative diesel fuel must be the same as determined for the reference fuel. 3. Alternative test sequence. The applicant may request the Executive Officer to approve an alternative test sequence in place of the above test sequences. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the following: (i.) Statistical and scientific equivalence to 1. or 2., and (ii.) Body of existing test data using the alternative test sequence. (B) The applicant must submit a test schedule to the Executive Officer or designee at least one week prior to commencement of the tests. The test schedule must identify the days on which the tests will be conducted, and must provide for conducting test consecutively without substantial interruptions other than those resulting from the normal hours of operations at the test facility. The Executive Officer or designee should be permitted to observe any tests. The party conducting the tests must maintain a test log which identifies all tests conducted, all engine mapping procedures, all physical modifications to or operational tests of the engine, all recalibrations or other changes to the test instruments, and all interruptions between tests, and the reason for each interruption. The party conducting the tests or the applicant must notify the Executive Officer or designee by telephone and in writing of any unscheduled interruption resulting in a test delay of 48 hours or more, and the reason for such delay. Prior to restarting the test, the applicant or person conducting the tests must provide the Executive Officer or designee with a revised schedule for the remaining tests. All tests conducted in accordance with the test schedule, other than any test rejected in accordance with an outlier identification and exclusion procedure included in the approved test protocol, must be included in the comparison of emissions. (C) Upon approval of the Executive Officer or designee, the applicant may specify an alternative test sequence to Section 2710(d)(3)(A). The applicant must provide the rationale demonstrating that the alternative test sequence better characterizes the average emissions difference between the reference fuel and the alternative diesel fuel. (e) Durability. (1) The applicant must meet the durability demonstration requirements in Section 2704 subsections (a), (b), (d), (e), and (h) with the exceptions of emission testing and fuel requirements. If the applicant's diesel emission control strategy includes hardware components in addition to the alternative diesel fuel, then the emission testing requirements in Section 2704 apply. (2) The applicant must provide test data obtained after completion of the service accumulation, described in Section 2704(d), showing that the candidate alternative diesel fuel does not adversely affect the performance and operation of diesel engines or cause premature wear or cause damage to diesel engines. This must include but is not limited to lubricity, corrosion, and damage to engine parts such as fuel injector tips. The applicant must provide data showing under what temperature and conditions the candidate alternative diesel fuel remains stable and usable in California. (f) Multimedia Assessment for Fuel Strategies. Diesel emission control strategies which rely on fuel changes either through use of additives or through use of alternative diesel fuels must undergo an evaluation of the multimedia effects. No diesel emission control strategy that relies on the use of an additive or an alternative fuel may be verified unless a multimedia evaluation of the additive or alternative fuel has been conducted and the California Environmental Policy Council established by Public Resources Code section 71017 has determined that such use will not cause a significant adverse impact on the public health or the environment, pursuant to Health and Safety Code section 43830.8. No person shall sell, offer for sale, supply or offer for supply an alternative fuel or a diesel fuel in California that contains an additive for use in a verified diesel emission control strategy unless such a multimedia evaluation has been conducted and resulted in a determination that use of the alternative fuel or additive will not cause a significant adverse impact on the public health and the environment. The applicant shall bear the expense of conducting the multimedia assessment. (g) Other Requirements. (1) The candidate alternative diesel fuel must be in compliance with applicable federal, state, and local government requirements. (2) Applicants planning to market fuel in California must contact and register with the U.S. EPA and the California Dept. of Food and Agriculture. Contacts are listed below. Office of Transportation and Air Quality U.S. EPA Head Quarters Ariel Rios Blvd. 1200 Pennsylvania Ave, N.W. Washington DC 20468 Phone (202) 564-9303 Petroleum Products/Weighmaster Enforcement Branch Division of Measurement Standards Dept. of Food and Agriculture 8500 Fruitridge Road, Sacramento CA 95826 Phone (916) 229-3000 (3) Additional government agencies such as the California Energy Commission, Area Council Governments, and Local Air Quality Management Districts may be contacted to facilitate the marketing of alternative diesel fuel in California. (h) Conditional Verification. (1) The Executive Officer may grant a conditional verification for an alternative diesel fuel for off-road or stationary application only after the conditional verification for on-road application is granted. The Executive Officer may grant a conditional verification for on-road application if the applicant meets the following conditions: (A) The applicant has applied for U.S. EPA registration of the alternative diesel fuel; (B) The U.S. EPA has granted a research and development exemption or otherwise granted permission for the alternative diesel fuel to be used, and; (C) All relevant requirements of Sections 2700-2710 have been met with the exception that registration with the U.S. EPA has not been completed. (D) Multimedia Assessment as specified in Section 2710 (f). (2) Where conditional verification is granted, full verification must be obtained by completing the U.S. EPA registration process within a year after receiving conditional verification. During that year, conditional verification is equivalent to verification for the purposes of satisfying the requirements of in-use emission control regulations. (i) Extensions of an Existing Verification. See Section 2702 (g). The applicant may request the Executive Officer to approve a reduced number of emission tests when extending an existing verification to other emission control groups. In reviewing this request, the Executive Officer may consider all relevant information including, but not limited to, the following: (1) Variability in the test results used for the existing verification, (2) Characteristics of the duty cycles in the other emission control groups, (3) The mechanism by which the alternative diesel fuel reduces emissions, and (4) Body of existing test data. Note: Authority cited: Sections 39002, 39003, 39500, 39600, 39601, 39650-39675, 40000, 43000, 43000.5, 43011, 43013, 43018, 43105, 43600, 43700 and 43830.8, Health and Safety Code. Reference: Sections 39650-39675, 43000, 43009.5, 43013, 43018, 43101, 43104, 43105, 43106, 43107, 43204-43205.5 and 43830.8, Health and Safety Code; Section 71017, Public Resources Code, and Title 17 California Code of Regulations Section 93000. s 2750. Purpose. The purpose of these regulations is to: (a) Set performance standards for gasoline-fueled, spark-ignited small off-road engines rated at equal to or less than 19 Kilowatts, and equipment utilizing such engines; (b) In order to give manufacturers maximum flexibility, compliance programs are available beginning the 2006 model year. The two options are identified in section 2754(a) and in section 2754(b), and assume running loss emissions are controlled during engine operation, which result in greater evaporative emissions reductions. Manufacturers must select one option for each evaporative family they certify. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2751. Applicability. (a) For the model year engines or equipment subject to this Article, no person shall: (1) manufacture for sale or lease for use or operation in California, or (2) sell or lease or offer for sale or lease for use or operation in California, or (3) deliver or import into California for introduction into commerce in California, without an evaporative emission control system that has been certified and labeled pursuant to this Article. (b) This Article does not apply to: (1) engines or equipment that use compression-ignition engines, or engines or equipment powered with compressed natural gas (CNG), propane, liquefied petroleum gas (LPG), or liquefied natural gas (LNG). (2) engines or equipment that use small off-road engines manufactured in California for sale and use outside of California. (3) snowthrowers or ice augers. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2752. Definitions. (a) The definitions in section 2401(a), and section 2403(b), Chapter 9, Title 13 of the California Code of Regulations, apply to this Article with the following additions: (1) "Coextruded Multilayer Fuel Tank" means a multi-layered high-density polyethylene fuel tank with a continuous nylon or ethylene vinyl alcohol layer(s) present within the walls of the tank. (2) "CP-901" means "Certification and Approval Procedures for Small Off-Road Engine Fuel Tanks", adopted July 26, 2004. (3) "CP-902" means "Certification and Approval Procedures for Evaporative Emission Control Systems", adopted July 26, 2004. (4) "Diurnal Emissions" means evaporative emissions resulting from the daily cycling of ambient temperatures and include resting losses, and permeation emissions, as measured according to test procedures incorporated in this Article. (5) "Equivalent Fuel Tank" means a metal or coextruded multilayer fuel tank used on a small off-road engine. Fuel tanks approved per section 2767 are also deemed equivalent fuel tanks. The volume of an equivalent tank must be less than or equal to a nominal tank. An equivalent tank must be functionally equivalent to a nominal tank. (6) "Equivalent Fuel Line" means a fuel line that permeates less than or equal to 15 grams per square meter per day when tested per SAE J1737 at 40 [FNo] C or higher, and ambient pressure using Phase II California Reformulated Certification (CERT) fuel, CE10, CM10, CM15, or Indolene. (7) "Evaporative Emissions" means emissions that result from the evaporation of reactive organic gases into the atmosphere. (8) "Evaporative Emission Control System" means the fuel system and associated components that are designed to control evaporative emissions. (9) "Evaporative Family" means a class of off-road engines or equipment that are grouped together based on similar fuel system characteristics as they relate to evaporative emissions. For equipment less than or equal to 80 cc, the engine family and evaporative family are considered equivalent. For integrated equipment greater than 80 cc the engine family and the evaporative family may be considered equivalent at the manufacturer's discretion. (10) "Evaporative Model Emission Limit (EMEL)" means the diurnal emissions level declared by the manufacturer for a model within an evaporative family. The declared level must be based on diurnal emissions test results for a worst case model of engine or equipment within the evaporative family, obtained by following Test Procedure 902. (11) "Evaporative Family Emission Limit Differential (EFELD)" means the emission level differential between the effective standard level for a specific model and the EMEL declared for the model and is applicable to the entire evaporative family represented by the model. (12) "Executive Order of Certification" means an order signed by the Executive Officer that documents certification of evaporative emission control systems on engines or equipment to the performance standards of this Article. (13) "Holder" means the person to whom the Executive Order of Certification is issued. (14) "Hot Soak Emissions" means evaporative emissions that occur for the one-hour period following the termination of engine operation. (15) "Hydrocarbon" means a molecule composed primarily of carbon and hydrogen atoms. (16) "Manufacturer" means either an engine manufacturer or equipment manufacturer. (17) "Nominal Capacity" means the volume of fuel indicated by the manufacturer that represents the maximum recommended fill level. (18) "Nominal Fuel Tank" means the fuel tank that is used by an engine or equipment manufacturer to certify the evaporative emissions control system on a small off-road engine. (19) "Nominal Fuel Line" means the fuel line that is used by an engine or equipment manufacturer to certify the evaporative emissions control system on a small off-road engine. (20) "Permeation Emissions" means evaporative emissions that result from reactive organic gas molecules penetrating through the walls of fuel system components and evaporating on outside surfaces, as measured by test procedures incorporated in this Article. Permeation emissions are a component of diurnal emissions, as measured by test procedures incorporated in this Article. (21) "Permeation Rate" means the total mass of reactive organic gas molecules passing through the internal surface area of a fuel tank in a 24-hour period, as measured by test procedures incorporated in this Article. (22) "Person" means any individual, association, partnership, limited liability company, or corporation. (23) "Reactive Organic Gases (ROG)" means any compound of carbon, excluding carbon monoxide, carbon dioxide, carbonic acid, metallic carbides or carbonates, and ammonium carbonate, and excluding the following: CAS * (1) methane; [74-82-8] methylene chloride (dichloromethane); [75-09-2] 1,1,1-trichloroethane (methyl chloroform); [71-55-6] trichlorofluoromethane (CFC-11); [75-69-4] dichlorodifluoromethane (CFC-12); [75-71-8] 1,1,2-trichloro-1,2,2-trifluoroethane (CFC-113); [76-13-1] 1,2-dichloro-1,1,2,2-tetrafluoroethane (CFC-114); [76-14-2] chloropentafluoroethane (CFC-115); [76-15-3] chlorodifluoromethane (HCFC-22); [75-45-6] 1,1,1-trifluoro-2,2-dichloroethane (HCFC-123); [306-83-2] 2-chloro-1,1,1,2-tetrafluoroethane (HCFC-124); [2837-89-0] 1,1-dichloro-1-fluoroethane (HCFC-141b); [1717-00-6] 1-chloro-1,1-difluoroethane (HCFC-142b); [75-68-3] trifluoromethane (HFC-23); [75-46-7] pentafluoroethane (HFC-125); [354-33-6] 1,1,2,2-tetrafluoroethane (HFC-134); [359-35-3] 1,1,1,2-tetrafluoroethane (HFC-134a); [811-97-2] 1,1,1-trifluoroethane (HFC-143a); [420-46-2] 1,1-difluoroethane (HFC-152a); [75-37-6] cyclic, branched, or linear completely methylated siloxanes; [various] the following classes of perfluorocarbons: [various] (A) cyclic, branched, or linear, completely fluorinated alkanes; (B) cyclic, branched, or linear, completely fluorinated ethers with no unsaturations; (C) cyclic, branched, or linear, completely fluorinated tertiary amines with no unsaturations; and (D) sulfur-containing perfluorocarbons with no unsaturations and with the sulfur bonds only to carbon and fluorine; and (2) the following low-reactive organic compounds which have been exempted by the U.S. EPA: acetone; [67-64-1] ethane; [74-84-0] methyl acetate; [79-20-9] perchloroethylene; and [127-18-4] parachlorobenzotrifluoride (1-chloro-4-trifluoromethyl benzene). [98-56-6] _________ * NOTE: Chemical Abstract Service (CAS) identification numbers have been included in brackets [ ] for convenience. (24) "Running Loss Emissions" means evaporative emissions from a small off-road engine that occur while it is being operated. (25) "SHED" (Sealed Housing Evaporative Determination) means the enclosure and associated equipment used to determine evaporative emissions. A SHED must meet the design specifications in 40 Code of Federal Regulations Part 86.107-96. (26) "Small Production Volume Tank Exemption applies to all models with identical tanks produced by an engine or equipment manufacturer with total California sales of 400 or fewer units per year. (27) "Structurally Integrated Nylon Fuel Tank" means a fuel tank having the following characteristics: (A) The fuel tank is made of a polyamide material which: 1. does not contain more than 50 percent by weight of a reinforcing glass fiber and/or mineral filler; and 2. does not contain more than 10 percent by weight of impact modified polyamides which use rubberized agents such as EPDM rubber (B) The fuel tank must be: 1. used in a chainsaw; or 2. of a pre-existing design that is substantially similar to a current production fuel tank used by the same manufacturer that is integrated into a major structural member where, as a single component, the fuel tank material is a primary structural/stress member for other major components such as the engine, transmission or cutting attachment. (28) "TP-901" means "Test Procedure for Determining Permeation Emissions from Small Off-Road Engine Equipment Fuel Tanks," adopted July 26, 2004. (29) "TP-902" means "Test Procedure for Determining Diurnal Evaporative Emissions from Small Off-Road Engines," adopted July 26, 2004. (30) "Total Hydrocarbons" means the total mass of open chain and cyclic hydrocarbon molecules, as measured under the test procedures incorporated in this Article. (31) "Walk-Behind Mower" means a grass-cutting product which has: (A) A Class I vertical shaft engine that includes a blade brake mechanism that provides for compliance with ANSI B71.1 requirements; (B) A horizontally fixed blade and/or string directly attached to the crankshaft of a vertical shaft engine. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2753. Certification Requirements and Procedures. (a) Certification Small off-road engines or equipment that use small off-road engines subject to this Article must contain evaporative emission control systems. For engines less than or equal to 80 cc, the evaporative emission control system consists of the fuel tank only. The evaporative emission control systems must be certified annually to the performance-based or system design standards set out in sections 2754 through 2757 by the Air Resources Board. An Executive Order of Certification for such engines or equipment must be obtained prior to the sale or lease, or the offering for sale or lease, for use or operation in California or the delivery or importation for introduction into commerce in California. Engine manufacturers or equipment manufacturers may apply for an Executive Order of Certification. Applicants must follow the certification procedures outlined in CP-901, adopted July 26, 2004 or CP-902, July 26, 2004, as applicable, which are incorporated by reference herein. (b) Certification of Complete Systems Certification of a complete evaporative emission control system is required. An applicant for certification of an evaporative emission control system that complies with the diurnal standards specified in section 2754(a), or section 2757 must submit diurnal evaporative emission data for an engine or equipment that exhibits the highest evaporative emission characteristics for an evaporative family as part of the certification application. (1) An applicant for certification of an evaporative emission control system that complies with the fuel hose permeation standard specified in section 2754(a) must submit fuel hose permeation data for model year 2006 equipment as part of the certification application. Alternatively, manufacturers may submit the Executive Order number approving the component pursuant to section 2767.1 of this Article. (2) An applicant for certification of an evaporative emission control system that complies with the design standards specified in section 2754(b) must submit fuel tank permeation data, fuel hose permeation data, and carbon canister butane working capacity data or equivalent for an engine or equipment that exhibits the highest evaporative emission characteristics for an evaporative family as part of the certification application. Alternatively, manufacturers may submit the Executive Order number approving the component pursuant to section 2767.1 of this Article. (3) An applicant for certification of an evaporative emission control system that complies with the fuel tank permeation standards specified in section 2755 must submit fuel tank permeation data that exhibits the highest evaporative emission characteristics for an evaporative family as part of the certification application. For engines less than or equal to 80 cc, the manufacturer need only test the tank with the most surface area for all evaporative families with the same material/process. These certification test results can then be used in the certification of other tanks/engine families constructed of the same materials/processes. (4) TP-901, adopted July 26, 2004, is used to determine fuel tank permeation. TP-902, adopted July 26, 2004, is used to determine the evaporative emissions from engines or equipment with complete evaporative emission control systems. (c) Modifications to the Evaporative Emission Control System (1) Manufacturers are allowed to replace the nominal fuel tank and/or nominal fuel line of a certified evaporative emission control system that complies with the performance-based standards specified in section 2754 with an equivalent fuel tank and/or equivalent fuel line. All other evaporative emission control components in a system that complies with the performance-based standards in section 2754 must function similarly and have equivalent or better performance to those components used to certify the control system. (2) Modification of any certified evaporative emission control systems in any manner other than replacement of the nominal tanks and/or fuel lines with equivalent fuel tanks and/or fuel lines invalidates the certification of the control system. When any evaporative emission control system's certification is invalidated due to an unapproved modification, a new certification is required per CP-902, adopted July 26, 2004. (3) Manufacturers are required to notify the Executive Officer in writing of any modification of any certified evaporative emission control system. The notification must include a statement citing the basis for the equivalent fuel tank and/or fuel line determination. (d) Reduced Certification Requirements Manufacturers meeting the requirements of section 2766 of this Article must be certified annually by the Air Resources Board by submitting a Letter of Conformance. The Letter of Conformance must include, at a minimum, a statement citing the basis for complying with section 2766. An Executive Order of Certification for such engines or equipment must be obtained prior to the sale or lease, or the offering for sale or lease, or the delivery or importation for introduction into commerce in California of such engines or equipment in California. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2754. Evaporative Emission Performance and Design Standards. The table below specifies the evaporative emission performance and design standards for small off-road engines, and equipment that use small off-road engines, with displacements greater than 80 cc. Table 1 Evaporative Emission Standards Performance Requirements Design Section 2754(a) Requirements [FN1] Section 2754(b) Effective Diurnal Fuel Hose Fuel Tank Carbon Canister Date [FN3] or Model Year Standard Permeation Permeation Equivalent [FN2] Butane Working Grams HC/day Grams ROG/m Grams ROG/m Capacity Grams [FN2]/day [FN2]/day HC Displacement Category: Walk-Behind Mowers >80 cc - <225cc 2006 None 15 None None 2007 and 1.3 N/A N/A N/A 2008 2009 1.0 N/A N/A N/A Displacement Category: Non Walk-Behind Mowers > 80 cc - <225cc 2006 None 15 None None 2007 1.20 + 15 2.5 Specified in through 0.056*tank TP-902 2011 vol. (liters) 2012 0.95 + 15 1.5 Specified in 0.056*tank TP-902 vol. (liters) Displacement Category: >225 cc 2006 and None 15 None None 2007 2008 1.20 + 15 2.5 Specified in 0.056*tank TP-902 vol. (liters) 2010 [FN4] None 15 None Specified in TP-902 2013 1.20 + 15 1.5 Specified in 0.056*tank TP-902 vol. (liters) _________________ [FN1] For model year 2006 only, all engines and equipment with displacements > 80 cc - <225cc must comply with the fuel hose permeation design requirement in section 2754(a)(1)(C). Engines and equipment with displacements greater than or equal to 225 cc must comply with the fuel hose permeation design requirement in section 2754(a)(1)(C) for model years 2006 and 2007 only. [FN2] Permeation emissions as determined by TP-901. Permeation emissions must be measured to two significant figures. [FN3] Canister design requirements and the procedure for determining butane working capacity are specified in TP-902. The Executive Officer may designate technology equivalent to carbon canisters on a case by case basis as part of the certification process per section 2767. [FN4] Applies to small production volume tanks exempted pursuant to section 2766. (a) On or after the model year set out in Table 1 of section 2754, evaporative emissions from any small off-road engine or equipment that use small off-road engines certifying under this section 2754(a) must not exceed the performance requirements specified in Table 1 of section 2754. (1) Manufacturers certifying engines or equipment under this section 2754(a) shall do the following: (A) Submit a determination in the certification application that running loss emissions are controlled from being emitted into the atmosphere. The Executive Officer must approve the determination for an Executive Order of Certification to be issued. Approval by the Executive Officer is not required if actively purged carbon canisters meeting the requirements of this article are used. (B) Test all evaporative families in accordance with TP-902. (C) Provide test data in the certification application showing that fuel lines meet the permeation requirement of 15 grams/m [FN2] /day using test procedure SAE J1737 (Issued August 1997). The permeation testing must be conducted at 40 [FNo] C, or higher, and ambient pressure using Phase II California Reformulated Certification (CERT) fuel, CE10, CM15, or Indolene. Alternatively, manufacturers can submit the Executive Order number approving the component pursuant to section 2767.1 of this Article. (b) On or after the model year set out in Table 1 of section 2754, evaporative emissions from any small off-road engine or equipment that use small off-road engines certifying under this section 2754(b) must not exceed the design requirements specified in Table 1 of section 2754. (1) Manufacturers certifying engines or equipment under 2754(b) shall also do the following: (A) Submit a determination in the certification application that the running loss emissions are controlled from being emitted into the atmosphere. The Executive Officer must approve the determination before an Executive Order of Certification can be issued. Approval by the Executive Officer is not required if actively purged carbon canisters meeting the requirements of this article are used. (B) Provide test data in the certification application showing that the fuel tank and carbon canister meet the applicable design requirements. Provide test data in the certification application showing that fuel lines meet the permeation requirement of 15 grams/m [FN2] /day using test procedure SAE J1737 (Issued August 1997). The permeation testing must be conducted at 40 [FNo] C, or higher, and ambient pressure using Phase II California Reformulated Certification (CERT) fuel, CE10, CM15, or Indolene. Alternatively, manufacturers can submit the Executive Order number approving the component pursuant to section 2767.1 of this Article. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2754.1. Certification Averaging and Banking. (a) Applicability - The averaging requirements specified in this section 2754 apply only to engines or equipment with complete evaporative emission control systems certified to the diurnal emission performance standards specified in section 2754(a) of this Article. Participation in the certification averaging and banking program is voluntary. The provisions of this section are applicable only for determining compliance with this section. (b) General provisions. (1) The certification averaging and banking provisions for diurnal emissions from eligible engines and equipment are described in this section. (2) A manufacturer of an evaporative family subject to this Article may use the averaging and banking provisions of this section 2754 for the purpose of creating diurnal emissions credits. (3) A manufacturer shall not include in its calculation of credit generation and may exclude from its calculation of credit usage, any new engines or equipment not subject to this Article. (4) A manufacturer may include its entire inventory of an evaporative family subject to this Article in calculating the diurnal emissions credit for a given model year. A manufacturer shall certify evaporative families to an Evaporative Family Emission Limit Differential (EFELD). The EFELD is declared by an engine or equipment manufacturer and can be positive or negative subject to the limitation in subsections (b)(6) and (b)(7) of this section, provided the sum of the manufacturer's projected balance of credits from all credit transactions for each engine class in a given model year is greater than or equal to zero, as determined under subsection (e). The EFELD is determined based on the diurnal test results, in accordance with TP-902, of the worst case model of engine or equipment within an evaporative family. The worst case model of engine or equipment is defined as the engine or equipment expected to produce the highest negative or the smallest positive EFELD within the family on a per unit basis. The EFELD is calculated by setting the EMEL for the model of engine or equipment tested at a level above the diurnal test results and then subtracting the EMEL from the applicable standard level for the model. (A) A manufacturer of an evaporative family with a negative EFELD shall obtain positive emission credits sufficient to address the associated credit shortfall within the time period set out in (8) below. (B) An evaporative family with a positive EFELD may generate positive emission credits for averaging, or banking, or a combination thereof. (6) No walk-behind mowers within an evaporative family may have diurnal emissions greater than 1.5 times the applicable diurnal standard in section 2754(a). (7) No model of Class I or Class II engine or equipment (excluding walk-behind mowers) within an evaporative family may have diurnal emissions greater than 3.0 times the applicable diurnal standard in section 2754(a). (8) A manufacturer must demonstrate compliance with this section within 270 days of the end of the model year. (9) No new Executive Order of Certifications will be issued to the manufacturer until a plan to make up the emissions deficit plus a penal amount of 25% of the deficit has been approved by the Executive Officer. (10) The failure of a manufacturer to comply with the diurnal emissions standards in accordance with this section 2754 shall be grounds for revocation or suspension of the Executive Order of Certification in accordance with section 2770. A revocation under this provision shall be deemed to revoke the Executive Order of Certificationab initio. (11) The failure of a manufacturer to submit the plan required in subsection (b)(9) above within 270 days of the end of a model year shall be grounds for revocation or suspension of the Executive Order of Certification in accordance with section 2770. A revocation under this provision shall be deemed to revoke the Executive Order of Certificationab initio. (c) Averaging. (1) Negative credits from evaporative families with negative EFELDs must be offset by positive credits from evaporative families having positive EFELDs, as allowed under the provisions of this section. Averaging of credits in this manner is used to determine compliance under subsection (e)(2). (2) Subject to the provisions in subsection (b)(9), credits used in averaging for a given model year may be obtained from credits generated in the same model year by another evaporative family, or credits banked in previous model years, The restrictions of this subsection notwithstanding, credits from a given model year may be used to address credit needs of previous model year engines. (d) Banking. (1) Beginning with the 2007 model year, a manufacturer of an evaporative family with a positive EFELD for model year 2007 and subsequent engines and equipment may bank credits in that model year for use in averaging. Positive credits may be banked only according to the requirements of subsection (e)(1) of this section. (2) A manufacturer may bank emission credits only after the end of the model year and after ARB has reviewed the manufacturer's end-of-year reports. During the model year and before submittal of the end-of-year report, credits originally designated in the certification process for banking will be considered reserved and may be redesignated for averaging in the end-of-year report and final report. (3) A manufacturer may use credits claimed from a previous model year that have not been approved by the ARB, in an averaging calculation pending the review of the ARB. In the event such review does not substantiate the amount of credits claimed, an Executive Order will not be issued until a plan to make up the emissions deficit has been approved by the Executive Officer. (e) Credit Calculation and Manufacturer Compliance with Emission Standards (1) For evaporative family, diurnal emission credits (positive or negative) are to be calculated according to the following equation and rounded to the nearest tenth of a gram. Consistent units with two significant digits are to be used throughout the equation. EFELD = Applicable standard level - EMEL Credits = EFELD x Sales Where: EMEL = the declared evaporative model emission limit for the model tested within the evaporative family in grams EFELD = the calculated evaporative family emission limit differential in grams Sales = the total Sales for all models within a given evaporative family Sales or Eligible Sales means the actual or calculated sales of an evaporative family in California for the purposes of averaging and banking. Upon Executive Officer approval, an engine or equipment manufacturer may calculate its eligible sales through market analysis. Because of the multiple steps in the product distribution chain and confidential nature of sales information for many retailers and original equipment manufacturers an educated and consistent estimate with the best available documentation will be acceptable as the final report of sales in California. Actual sales are sales calculated at the end of a model year on that model year's production, rather than estimates of production. Actual sales volume is used in determining actual credits for end-of-year compliance determination. (2) Manufacturer compliance with this section is determined on a corporate average basis at the end of each model year. A manufacturer is in compliance when the sum of positive and negative emission credits it holds is greater than or equal to zero. (f) Certification Using Credits. (1) For certification relying on averaging or banking of credits, a manufacturer shall: (A) Submit a statement that the engines for which certification is requested will not, to the best of the manufacturer's knowledge, cause the manufacturer to be in noncompliance under subsection (e)(2) when all credits are calculated for all the manufacturer's engine families. (B) Declare an EFELD for the evaporative family. The EFELD must be calculated to two significant digits. (C) Indicate the projected number of emission credits generated/needed for this family; the projected applicable eligible sales volume and the values required to calculate credits as given in section 2754(e). (D) Submit calculations in accordance with section 2754(e) of projected emission credits (positive or negative) based on production projections for each family. (E)(i) If the evaporative family is projected to generate negative emission credits, state specifically the source (manufacturer/evaporative family or reserved) and quantity of the credits necessary to offset the credit deficit according to projected production. (ii) If the evaporative family is projected to generate positive emission credits, state specifically the recipient (manufacturer/evaporative family or reserved) and quantity of the credits used to offset a deficit banked according to where the projected credits will be applied. (2) The manufacturer may supply the information required above in section 2754(f)(1)(C), (D), and (E) by use of a spreadsheet detailing the manufacturer's annual production plans and the credits generated or consumed by each evaporative family. (3) The manufacturer bears the burden of establishing to the satisfaction of the Executive Officer that the conditions upon which the Executive Order was issued were satisfied. (4) Projected credits based on information supplied in the certification application may be used to obtain an Executive Order. However, any such credits may be revoked based on review of end-of-year reports, follow-up audits, and any other verification steps considered appropriate by the Executive Officer. (g) Maintenance of records. (1) The manufacturer shall establish, maintain, and retain the following adequately organized and indexed records for each evaporative family: (A) ARB evaporative family identification code, (B) Declared EFELD, (C) Projected sales volume for the model year, and (D) Records appropriate to establish the quantities of engines or equipment that constitute eligible sales for each evaporative family. (2) The manufacturer shall retain all records required to be maintained under this section for a period of eight years from the due date for the end-of-model year report. Records may be retained as hard copy, CD-ROM, diskettes, and so forth, depending on the manufacturer's record retention procedure; provided, that in every case all information contained in the hard copy is retained. (3) Nothing in this section limits the Executive Officer's discretion in requiring the manufacturer to retain additional records or submit information not specifically required by this section. (4) A manufacturer shall submit all information requested by the Executive Officer within 30 days of the date of such request. (5) The Executive Officer may revoke or suspend the Executive Order for an evaporative family for which the manufacturer fails to retain the records required in this section or to provide such information to the Executive Officer upon request. No new Executive Orders will be issued to the manufacturer until the requested records are made available and/or a plan that describes the records to be retained as required by this section is approved by the Executive Officer. (h) End-of-year and final reports. (1) End-of-year and final reports must indicate the evaporative family, the actual sales volume, the values required to calculate credits as given in subsection (e), and the number of credits generated/required. Manufacturers shall also submit how and where credit surpluses were dispersed (or are to be banked) and/or how and through what means credit deficits were met. The report must include a calculation of credit balances to show that the credit summation for each class of engines or equipment is equal to or greater than zero. (2) The calculation of eligible sales as defined in subsection (e)(1) of this section for end-of-year and final reports must be based on the location of the point of first retail sale (for example, retail customer or dealer) also called the final product purchase location. Upon advance written request, the Executive Officer will consider other methods to track engines for credit calculation purposes, such as shipments to distributors of products intended for sale in California. (3)(A) End-of-year reports must be submitted within 90 days of the end of the model year to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731. (B) Unless otherwise approved by the Executive Officer, final reports must be submitted within 270 days of the end of the model year to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731. (4) Failure by a manufacturer to submit any end-of-year or final reports in the specified time for any engines or equipment subject to regulation under this section is a violation of this section for each engine or equipment in the evaporative family covered by the report. (5) A manufacturer generating credits for banking only who fails to submit end-of-year reports in the applicable specified time period (90 days after the end of the model year) may not use the credits until such reports are received and reviewed by ARB. Use of projected credits pending ARB review is not permitted in these circumstances. (6) Errors discovered by ARB or the manufacturer in the end-of-year report, including errors in credit calculation, may be corrected in the final report. (7) If ARB or the manufacturer determines that a reporting error occurred on an end-of-year or final report previously submitted to ARB under this section, the manufacturer's credits and credit calculations must be recalculated. Erroneous positive credits will be void except as provided in subsection (h) of this section. Erroneous negative credit balances may be adjusted by ARB. (8) If within 270 days of the end of the model year, ARB review determines a reporting error in the manufacturer's favor (that is, resulting in an increased credit balance) or if the manufacturer discovers such an error within 270 days of the end of the model year, ARB must restore the credits for use by the manufacturer. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2754.2. Validation Study. (a) To confirm that the performance-based evaporative certification option in section 2754(a) and the design-based evaporative certification option in section 2754(b) are achieving ARB's overall emission reduction goals, ARB will conduct an inventory validation study utilizing diurnal test data from such equipment. (b) This validation study will be conducted at two time periods: (a) in 2010 for the years 2008, 2009 and 2010 and (b) in 2015 for the years 2013, 2014 and 2015. (c) For each year in the study, the Executive Officer will select engine and/or equipment evaporative families and request, from the certificate holder, one production unit from each identified family from production inventory according to a method specified by the Executive Officer. Diurnal testing of each selected unit (including the complete evaporative emission control system) will be conducted pursuant to TP-902, including pre-conditioning. Unless otherwise directed by the Executive Officer, three data points will be generated and submitted to the Executive Officer for each engine and / or equipment tested. (d) The number of data points and equipment to be tested for this validation study is as follows: Number of Data Points Number of Data Points (# of Equipment Tested) (# of Equipment Tested) Year for Units Certified per the for Units Certified per Performance-Based Standards the Design-Based Standards Under Section 2754(a) Under Section 2754(b) 2008 9 (3) 45 (15) 2009 3 (1) 15 (5) 2010 3 (1) 15 (5) 2013 9 (3) 45 (15) 2014 3 (1) 15 (5) 2015 3 (1) 15 (5) (e) The costs for testing engines or equipment certified under the design-based element of the validation study are the responsibility of the certificate holder. The costs for testing engines or equipment certified under the performance-based element of the validation study are the responsibility of ARB. For each of the years 2010 and 2015, the Executive Officer will also review the annual performance-based and design-based certification submissions for that year and two prior years (i.e., 2010, 2009, 2008 for the 2010 validation and 2015, 2014, 2013 for the 2015 validation) to supplement this validation study. (f) The Executive Officer will evaluate the data collected and, based on reasonable criteria, make a determination whether the performance-based option in section 2754(a) and the design-based option in section 2754(b) are achieving ARB's overall emission reduction goals. In making this determination, the Executive Officer will consider, among other things, whether a particular product tested is in full compliance with the underlying standards and whether the product configurations are non-representative (i.e., large tanks). Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2755. Permeation Emissions Performance Standard. On or after the model year set out herein, fuel tanks used on equipment subject to this section must not exceed the following permeation rates: Permeation Rate Standard (grams per meter [FN2] per day) Effective Date Requirement [FN1] Model Year Applicability Tank Permeation 2007 Equipment That Use Fuel Tank Permeation Gasoline Powered Small Emisions Shall Not Off-Road Engines Exceed 2.0 Grams Per With Displacements<80cc Square Meter Per Day As Determined By TP-901. [FN1] Permeation rate must be measured to two significant digits. (a) Data documenting the permeation rate of fuel tanks must be included in a certification application, except for models of equipment which use "equivalent fuel tanks." Such data are not required for engines or equipment meeting the requirements of section 2766. (b) The test procedure for determining compliance with the standards for permeation rates from small off-road engine fuel tanks are set forth in "Test Procedure for Determining Permeation Emissions from Small Off-Road Engine Equipment Fuel Tanks, TP-901," adopted July 26, 2004, which is incorporated by reference herein. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2756. Fuel Cap Performance Standard. For the model year set out herein, no person shall sell, supply, offer for sale or manufacture for sale fuel caps for fuel tanks for small off-road engines or equipment that use small off-road engines with displacements >80 cc subject to this Article that do not meet the following performance standards unless exempted in an Executive Order issued pursuant to section 2767 of the Article: Fuel Cap Performance Standards (a) Fuel cap must be permanently tethered to the tank, equipment, or engine; and (b) Fuel cap must be designed to provide physical and/or audible feedback to the user that a fuel tank vapor seal is established. The following table defines equipment subject to the fuel cap performance standards of this section: Equipment Subject to the Fuel Cap Performance Standards Effective Date Model Year Applicability Fuel Caps For ALL SORE Equipment With 2007 Small Off-Road Engines >80 cc to <225cc Fuel Caps For ALL SORE Equipment With 2008 Small Off-Road Engines >225 cc Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2757. Optional Performance Standards. The Air Resources Board recognizes that evaporative emissions can be further reduced by incorporating advanced fuel system designs that reduce or eliminate carburetor and permeation emissions. These optional performance standards are emission targets that are more stringent than the performance standards set out in section 2754, and 2755. These optional performance standards will be part of a statewide clean air-labeling program. Upon implementation, a manufacturer certifying to an optional performance standard would be allowed to affix a "Blue Sky Label" on their equipment. Optional Permeation Rate Standard Effective Date Requirement [FN1] Model Year Applicability Tank Permeation Equipment That Use Fuel Tank Permeation 2007 Gasoline Powered Small Emissions Shall Not Off-Road Engines With Exceed 1.0 Grams Per Displacements Square Meter Per Day As <80 cc Determined By TP-901. [FN1] Permeation rate must be measured to two significant digits. Optional Evaporative Emission Standards (Grams per 24-hour diurnal test) Effective Date Requirement [FN1] Model Year Applicability Total Hydrocarbons All Equipment That Use Diurnal Emissions Shall 2007 Small Off-Road Engines Not Exceed 0.5 Grams With Displacements Total Hydrocarbons Per > 80 cc To < 225cc Day As Determined By TP-902. All Equipment That Use Diurnal Emissions Shall 2008 and Later Small Off-Road Engines Not Exceed 1.0 Grams With Displacements Total Hydrocarbons Per >225 cc Day As Determined By TP-902. [FN1] Diurnal emissions must be measured to two significant digits. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2758. Test Procedures. (a) Testing to determine compliance with section 2754 of this Article shall be performed using TP-902, adopted July 26, 2004, which is incorporated by reference herein. (b) Testing to determine compliance with section 2755 of this Article shall be performed using TP-901, adopted July 26, 2004, which is incorporated by reference herein. (c) Testing to determine compliance with section 2757 of this Article shall be performed using TP-901, adopted July 26, 2004 to determine permeation emissions, and TP-902, adopted July 26, 2004, to determine diurnal emissions. Test procedures referred to in this Article may be obtained from the California Air Resources Board at P.O. Box 2815, Sacramento, California 95812 or over the Internet at http:\\www.arb.ca.gov. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2759. Equipment and Component Labeling. (a) Purpose. The Air Resources Board recognizes that certain emissions-critical and/or emissions-related parts must be properly labeled in order to identify equipment that meets applicable evaporative emission standards. These specifications require equipment and/or engine manufacturers to affix a certification label (or labels) on each production equipment (or engine, as applicable). (b) Applicability. These specifications apply to: (1) Engines or equipment that have been certified to the applicable evaporative emission standards in this Article. (2) Equipment manufacturers who use an engine certified under this Article if their equipment obscures the emissions control label of such certified engine. (c) Certification Label Content and Location. (1) A plastic or metal label must be welded, riveted or otherwise permanently attached by the equipment or engine manufacturer to an area on the engine or equipment in such a way that it will be readily visible. (2) In selecting an acceptable location, the possibility of accidental damage must be considered (e.g. possibility of tools or sharp instruments coming in contact with the label). Each certification label must be affixed in such a manner that it cannot be removed without destroying or defacing the label, and must not be affixed to any engine (or equipment, as applicable) component that is easily detached from the engine or equipment as applicable. (3) The engine or equipment label information must be written in the English language and use block letters and numerals (i.e., sans serif, upper-case characters) that must be of a color that contrasts with the background of the label. (4) The engine or equipment label must contain the following information: (A) The label heading must read: "IMPORTANT EMISSIONS INFORMATION." When combined with an exhaust label, "EMISSIONS" relates to both exhaust and evaporative emissions. (B) The full corporate name or trademark of the engine or equipment manufacturer. 1. A manufacturer may request approval to delete its name and trademark, and substitute the name and trademark of another manufacturer, original equipment manufacturer, or third-party distributor. 2. Such an approval does not relieve the manufacturer of complying with the requirements imposed by this Article. (C) Identification of the evaporative emission control system. Abbreviations per SAE J1930 dated May 14, 2002, or manufacturers evaporative code as defined in the owners manual are allowed if they are submitted as part of the certification application. (D) The date of engine manufacture (month and year) for evaporative emission control systems certified by the engine manufacturer or the date of equipment manufacture (month and year) for evaporative emission control systems certified by the equipment manufacturer. (E) An unconditional statement of compliance with the appropriate model year(s) (for 2006 and later) California regulations; for example, "THIS ENGINE MEETS 2006 CALIFORNIA EVP EMISSION REGULATIONS FOR SMALL OFF-ROAD ENGINES". (F) Evaporative emissions family. Attachment 1 of the Certification Procedures, CP-902, adopted July 26, 2004, contains the classification criteria for determining an evaporative family for engines greater than 80 cc. For equipment less than or equal to 80 cc, the engine exhaust family is the evaporative family. (d) Conformance with Other Requirements. A label may state that the equipment conforms to any applicable Federal, Canadian, or European evaporative emission standards for new equipment; or any other information that the manufacturer deems necessary for, or useful to, the proper operation and satisfactory maintenance of the engine. (e) Label Visibility. As used in these specifications, readily visible to the average person means that a label is readable from a distance of 46 centimeters (18 inches) without any obstructions from equipment or engine parts (including all original equipment manufacturer or engine manufacturer (as applicable) available optional equipment) except for flexible parts (e.g., vacuum hoses, ignition wires) that can be moved out of the way without disconnection. Alternatively, information required by these specifications to be printed on the equipment and/or engine (as applicable) must be no smaller than 2 millimeters in height provided that no equipment or engine parts (including all manufacturer available optional equipment), except for flexible parts, obstruct the label(s). (f) Label Durability. The labels and any adhesives used must be designed to withstand, for the equipment's useful life, typical equipment environmental conditions in the area where the labels required by this section are attached. Typical equipment environmental conditions include, but are not limited to, exposure to engine fuels, lubricants and coolants (e.g., gasoline, motor oil, water, and ethylene glycol). The engine or equipment manufacturer must submit, with its certification application, a statement attesting that its labels comply with these requirements. (g) Sample Label Submission. Samples of all actual production labels used within an evaporative family must be submitted to the Executive Officer within thirty days after the start of production. Sample labels are not required for carry over certification unless labels are revised. Engine manufacturers must provide samples of their own applicable production labels, and samples of applicable production labels of the equipment manufacturer that are accessible to the engine manufacturers due to any direct market arrangement between such manufacturers. (h) The Executive Officer may approve alternate label locations or may, upon request, waive or modify the label content requirements provided that the intent of these specifications is met. Such approval may be conditioned upon providing such information in the owner's manual as the Executive Officer deems appropriate. (i) Labeling Enforcement Use of labels that are different from those approved will be grounds for revocation or suspension of the Executive Order of Certification. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2760. Defects Warranty Requirements for Small Off-Road Engines. (a) Applicability. This section applies to small off-road engines or equipment that use small off-road engines subject to the performance standards in this Article. The warranty period begins on the date the engine or equipment is delivered to an ultimate purchaser. (b) General Evaporative Emissions Warranty Coverage. The engine or equipment must be warranted to the ultimate purchaser and any subsequent owner that the evaporative emission control system when installed was: (1) Designed, built, and equipped so as to conform with all applicable regulations; and (2) Free from defects in materials and workmanship that causes the failure of a warranted part for a period of two years. (c) The warranty on evaporative emissions-related parts will be interpreted as follows: (1) Any warranted part that is not scheduled for replacement as required maintenance in the written instructions required by subsection (e) must be warranted for the warranty period defined in subsection (b)(2). If any such part fails during the period of warranty coverage, it must be repaired or replaced by the manufacturer issuing the warranty according to subsection (4) below. Any such part repaired or replaced under the warranty must be warranted for a time not less than the remaining warranty period. (2) Any warranted part that is scheduled only for regular inspection in the written instructions required by subsection (e) must be warranted for the warranty period defined in subsection (b)(2). A statement in such written instructions to the effect of "repair or replace as necessary" will not reduce the period of warranty coverage. Any such part repaired or replaced under warranty must be warranted for a time not less than the remaining warranty period. (3) Any warranted part that is scheduled for replacement as required maintenance in the written instructions required by subsection (e) must be warranted for the period of time prior to the first scheduled replacement point for that part. If the part fails prior to the first scheduled replacement, the part must be repaired or replaced by the manufacturer according to subsection (4) below. Any such part repaired or replaced under warranty must be warranted for a time not less than the remainder of the period prior to the first scheduled replacement point for the part. (4) Repair or replacement of any warranted part under the warranty provisions of this article must be performed at no charge to the owner at a warranty station. (5) Notwithstanding the provisions of subsection (4) above, warranty services or repairs must be provided at distribution centers that are franchised to service the subject engines or equipment. (6) The owner must not be charged for diagnostic labor that leads to the determination that a warranted part is in fact defective, provided that such diagnostic work is performed at a warranty station. (7) Throughout the evaporative emission control system's warranty period set out in subsection (b)(2), the manufacturer issuing the warranty must maintain a supply of warranted parts sufficient to meet the expected demand for such parts. (8) Manufacturer approved replacement parts must be used in the performance of any warranty maintenance or repairs and must be provided without charge to the owner. Such use will not reduce the warranty obligations of the manufacturer issuing the warranty. (9) The use of any add-on or modified parts will be grounds for disallowing a warranty claim made in accordance with this article. The manufacturer issuing the warranty will not be liable under this Article to warrant failures of warranted parts caused by the use of an add-on or modified part. (10) The manufacturer issuing the warranty shall provide any documents that describe that manufacturer's warranty procedures or policies within five working days of request by the Executive Officer. (d) A copy of the following evaporative emission warranty parts list must be included with each new engine or equipment subject to this Article, using those portions of the list applicable to the engine or equipment. (1) Fuel Tank* (2) Fuel Cap (3) Fuel Line (4) Fuel Line Fittings (5) Clamps** (6) Pressure Relief Valves** (7) Control Valves** (8) Control Solenoids** (9) Electronic Controls** (10) Vacuum Control Diaphragms** (11) Control Cables** (12) Control Linkages** (13) Purge Valves (14) Vapor Hoses (15) Liquid/Vapor Separator (16) Carbon Canister (17) Canister Mounting Brackets (18) Carburetor Purge Port Connector *Note: The parts list for equipment less than or equal to 80 cc only includes the fuel tank. **Note: As they relate to the evaporative emission control system. (e) Written instructions for the maintenance and use of the evaporative emissions control system by the owner shall be furnished with each new engine or equipment subject to this Article. The instructions must be consistent with this article and applicable regulations contained herein. (f) The documents required by subsection (d) must be submitted with the application for evaporative emission control system certification for approval by the Executive Officer. Approval by the Executive Officer of the documents required by subsection (d) is a condition of certification. The Executive Officer will approve or disapprove the documents required by subsection (d) within 90 days of the date such documents are received. (g) The application for evaporative emission control system certification must also include a statement regarding the maintenance of the evaporative emission control system. The statement must include, but not be limited to, information on evaporative emission control system maintenance, and a maintenance schedule. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2761. Emission-Related Defect Reporting Requirements. (a) Applicability. This section applies to 2007 model year and later small off-road engines and equipment that use small off-road engines. The requirement to report evaporative emission-related defects affecting a given class or category of engines or equipment will remain applicable for five years from the end of the calendar year in which such engines or equipment were manufactured. (b) A manufacturer must file a defect information report whenever, on the basis of data obtained subsequent to the effective date of these regulations: (1) The manufacturer determines, in accordance with procedures established by the manufacturer to identify either safety-related or performance defects, that a specific evaporative emission-related defect exists; and (2) A specific evaporative emission-related defect exists in 25 or more tanks, engines or equipment of a given evaporative family manufactured in the same Executive Order or model year. (c) No report must be filed under this section for any evaporative emission-related defect corrected prior to the sale of the affected engines or equipment to ultimate purchasers. (d) The manufacturer must submit defect information reports to Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar, El Monte, CA 91731, not more than 15 working days after an emission-related defect is found to affect 25 or more engines or equipment certified under the same Executive Order or model year. Information required by subsection (d) of this section that is either not available within 15 working days or is significantly revised must be submitted to the Executive Officer as it becomes available. (e) Each defect report must contain the following information: (1) The manufacturer's corporate name. (2) A description of the defect. (3) A description of each class or category of engines or equipment potentially affected by the defect including make, model, model year, calendar year produced, and any other information required to identify the engines affected. (4) For each class or category of engines or equipment described in response to subsection (d) of this section, the following must also be provided: (A) The number of engines or equipment known or estimated to have the defect and an explanation of the means by which this number was determined. (B) The address of the plant(s) at which the potentially defective engines or equipment were produced. (5) An evaluation of the evaporative emissions impact of the defect and a description of any operational problems that a defective engine or equipment might exhibit. (6) Available evaporative emission data that relate to the defect. (7) An indication of any anticipated manufacturer follow-up. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2762. Voluntary Emission Recall Program. (a) When any manufacturer initiates a voluntary emissions recall program involving 25 or more tanks, engines, or equipment, the manufacturer must submit a report describing the manufacturer's voluntary emissions recall plan as prescribed by this section within 15 working days of the date owner notification began. The report must contain the following: (1) A description of each class or category of engines or equipment recalled including the number of tanks, engines or equipment to be recalled, the model year, the make, the model, and such other information as may be required to identify the engines recalled; (2) A description of the specific modifications, alterations, repairs, corrections, adjustments, or other changes to be made to correct the tanks, engines, or equipment affected by the emission-related defect; (3) A description of the method by which the manufacturer will notify engine or equipment owners and, if applicable, the method by which the manufacturer will determine the names and addresses of engine or equipment owners; (4) A description of the proper maintenance or use, if any, upon which the manufacturer conditions eligibility for repair under the recall plan, an explanation of the manufacturer's reasons for imposing any such conditions, and a description of the proof to be required of an engine or equipment owner to demonstrate compliance with any such conditions; (5) A description of the procedure to be followed by engine or equipment owners to obtain correction of the nonconformity. This may include designation of the date on or after which the owner can have the nonconformity remedied, the time reasonably necessary to perform the labor to remedy the defect, and the designation of facilities at which the defect can be remedied; (6) A description of the class of persons other than dealers and authorized warranty agents of the manufacturer who will remedy the defect; (7) When applicable, three copies of any letters of notification to be sent engine owners; (8) A description of the system by which the manufacturer will assure that an adequate supply of parts is available to perform the repair under the plan, and that the supply remains both adequate and responsive to owner demand; (9) Three copies of all necessary instructions to be sent to those persons who are to perform the repair under the recall plan; (10) A description of the impact of the proposed changes on fuel consumption, performance, and safety of each class or category of engines or equipment to be recalled; (11) A sample of any label to be applied to engines or equipment that participated in the voluntary recall campaign. (b) The manufacturer must submit at least one report on the progress of the recall campaign. Such report must be submitted no later than 18 months from the date notification was begun and include the following information: (1) The methods used to notify both engine or equipment owners, dealers and other individuals involved in the recall campaign; (2) The number of engines or equipment to be affected by the emission-related defect and an explanation of the means by which this number was determined; (3) The number of engines or equipment actually receiving repair under the plan; and (4) The number of engines or equipment determined to be ineligible for remedial action due to a failure to properly maintain or use such engines. (c) Send the defect report, voluntary recall plan, and the voluntary recall progress report to: Chief, Mobile Source Operations Division, Air Resources Board, 9528 Telstar Avenue, El Monte, CA, 91731. (d) Retain the information gathered by the manufacturer to compile the reports for not less than five years from the date of the end of the model year. The manufacturer must make this information available to duly authorized officials of the ARB upon request. (e) The filing of any report under the provisions of this section does not affect a manufacturer's responsibility to file reports or applications, obtain approval, or give notice under any provision of law. (f) The act of filing an Emission Defect Information Report is inconclusive as to the existence of a defect subject to the warranty provided by section 2764 of this Article. (g) A manufacturer may include on each page of its Emission Defect Information Report a disclaimer stating that the filing of a Defect Information Report pursuant to these regulations is not conclusive as to the applicability of the warranty provided by section 2764 of this Article. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2763. Ordered Recalls. (a)(1) If the Executive Officer determines that a substantial number of any class or category of engines or equipment, or components used on such engines or equipment certified pursuant to section 2754(b), although properly maintained and used, do not meet the performance or design standards prescribed under this Article, when in actual use throughout their useful life, the Executive Officer shall immediately notify the responsible manufacturer of such nonconformity and require the manufacturer to submit a plan for remedying the nonconformity. The manufacturer's plan shall provide that the nonconformity of any such engines or equipment that are properly used and maintained will be remedied at the expense of the manufacturer. If the manufacturer disagrees with such determination of nonconformity, the manufacturer may appeal such determination pursuant to section 2771. (2) Any notification required to be given by the manufacturer under subsection (a)(1) of this section with respect to any class or category of engines or equipment shall be given to dealers, ultimate purchasers, and subsequent purchasers (if known) in such manner and containing such information as required in section 2761 of this Article. (3)(A) Prior to an ARB ordered recall, the manufacturer may perform a voluntary emissions recall pursuant to section 2762 of this Article. Such manufacturer is subject to the reporting and record keeping requirements of section 2762 subsections (c) and (d) of this Article. (B) Once ARB determines that a substantial number of engines or equipment fail to conform to the requirements of this Article, the manufacturer will not have the option of a voluntary recall. (b) The manufacturer bears all cost obligation a dealer incurs as a result of a requirement imposed by subsection (a) of this section. The transfer of any such cost obligation from a manufacturer to a dealer through franchise or other agreement is prohibited. (c) Any inspection of an engine or equipment for purposes of subsection (a)(1) of this section, after its sale to the ultimate purchaser, is to be made only if the owner of such engine or equipment voluntarily permits such inspection to be made, except as may be provided by any state or local inspection program. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2764. Evaporative Emission Control Warranty Statement. (a) Any application for an evaporative emission control system certification must include a copy of the following statement: CALIFORNIA EVAPORATIVE EMISSION CONTROL WARRANTY STATEMENT YOUR WARRANTY RIGHTS AND OBLIGATIONS The California Air Resources Board (and manufacturer's name, optional) is pleased to explain the evaporative emission control system's warranty on your (year(s)) (equipment type). In California, new equipment that use small off-engines must be designed, built, and equipped to meet the State's stringent anti-smog standards. (Manufacturer's name) must warrant the evaporative emission control system on your (equipment type) for the period listed below provided there has been no abuse, neglect or improper maintenance of your equipment. Your evaporative emission control system may include parts such as: carburetors, fuel tanks, fuel lines, fuel caps, valves, canisters, filters, vapor hoses, clamps, connectors, and other associated components.For engines less than or equal to 80 cc, only the fuel tank is subject to the evaporative emission control warranty requirements of this section. A combined exhaust and evaporative warranty statement is acceptable. For combined warranty statements, "evaporative emission" can be replaced with "emissions" where "emissions" is understood to mean both exhaust and evaporative emissions. MANUFACTURER'S WARRANTY COVERAGE: This evaporative emission control system is warranted for two years. If any evaporative emission-related part on your equipment is defective, the part will be repaired or replaced by (manufacturer's name). OWNER'S WARRANTY RESPONSIBILITIES: H As the (equipment type) owner, you are responsible for performance of the required maintenance listed in your owner's manual. (Manufacturer's name) recommends that you retain all receipts covering maintenance on your (equipment type), but (manufacturer's name) cannot deny warranty solely for the lack of receipts. H As the (equipment type) owner, you should however be aware that the (manufacturer's name) may deny you warranty coverage if your (equipment type) or a part has failed due to abuse, neglect, or improper maintenance or unapproved modifications. H You are responsible for presenting your (equipment type) to a (manufacturer's name) distribution center or service center as soon as the problem exists. The warranty repairs should be completed in a reasonable amount of time, not to exceed 30 days. If you have a question regarding your warranty coverage, you should contact (Insert chosen manufacturer's contact) at 1-XXX-XXX-XXXX. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2765. New Equipment Compliance Testing. (a) Compliance Test Procedures. (1) The Executive Officer may order an engine or equipment manufacturer to make available for compliance testing and/or inspection five fuel lines, carbon canisters, tanks, engines, or equipment units. Unless otherwise directed by the Executive Officer, the fuel lines, carbon canisters, tanks, engines, or equipment units shall be delivered to the Haagen-Smit Laboratory, 9528 Telstar Avenue, El Monte, California. Fuel lines, carbon canisters, tanks, engines or equipment units must be selected at random from sources specified by the Executive Officer according to a method approved by the Executive Officer, that, insofar as practical, must exclude engines or equipment that would result in an unreasonable disruption of the manufacturer's distribution system. Such an order may include a requirement to demonstrate that the measured rate or volume of purge from a representative sample of production canisters and engines certified under section 2754 (b) meets any design specification required by the Executive Officer in the applicable Executive Order of Certification or included by the manufacturer in the application for such an Order. (2) The method for selection and testing of the fuel lines, carbon canisters, tanks, engines or equipment and the evaluation of test data must be made in accordance with the procedures set forth herein. (3) Air Resources Board personnel shall have access to the fuel line, carbon canister, tank, engine, or equipment assembly plants, or distribution facilities for the purposes of tank, engine, or equipment selection and testing. Scheduling of access shall be arranged with the representative designated in the application for certification. (4) All testing must be conducted in accordance with the applicable model year evaporative emission test procedures. Any evaporative emission control system parameters must be set to values or positions that are within the range available to the ultimate purchaser as determined by ARB. No break-in or modifications, adjustments, or special preparation or maintenance will be allowed on engines or equipment units chosen for compliance testing without the written consent of the Executive Officer. (5) Correction of damage or maladjustment that may reasonably be found to have resulted from shipment of the engine or equipment is permitted only after an initial test of the engine or equipment, except where 100 percent of the manufacturer's production is given that inspection or maintenance by the manufacturer's own personnel. The manufacturer may request that the engine or equipment be repaired from shipping damage, and be retested. If the Executive Officer concurs, the engine or equipment may be retested, and the original test results may be replaced by the after-repair test results. (6) Engines or equipment must be randomly chosen from the selected evaporative family or subgroup. (7) Five fuel lines, carbon canisters, tanks, engines or equipment of the same model within an evaporative family or subgroup will be selected for testing per the applicable test procedure. An evaporative family or subgroup will be deemed to have passed the compliance testing if all five test results are below the applicable standard. If one or more of the test results are above the applicable standard, an evaporative family or subgroup will be deemed to have failed the compliance testing if the upper 95% confidence limit of the five samples is greater than 150%, 130%, or 110% of the applicable performance standards specified in sections 2754 through 2757 of this Article per the following table: "Pass" If "U" is less "Fail" If "U" is Test Category than or equal to greater than 1st Year of Production 1.5*Applicable 1.5*Applicable of Evaporative Families Standard Standard 2nd Year of Production 1.3*Applicable 1.3*Applicable of Evaporative Families Standard Standard 3rd and Subsequent 1.1*Applicable 1.1*Applicable Years of Production Standard Standard of Evaporative Families Where: (8) If any group of fuel lines, carbon canisters, tanks, engines, or equipment units selected for inspection fails an evaporative emission test as determined by subsection (a)(7), or fails to conform to the labeling requirements of section 2759, the Executive Officer shall notify the manufacturer in accordance with subsection (b). (b) Notification of Failure If compliance testing identifies engines or equipment units that do not meet the standards set out in (a)(7) above, or that do not conform with the permeation control design or permeation specifications of section 2754, the Executive Officer will notify the Holder of the Executive Order of Certification covering the engines or equipment. The Executive Officer shall also notify such Holder that the Executive Order of Certification may be suspended or revoked. The Holder of the Executive Order of Certification shall have 30 calendar days in which to notify the Executive Officer of their intent to provide additional information and/or independent test results for five tanks, engines, or equipment that document compliance of the evaporative family. The Executive Officer will consider all relevant information provided by the manufacturer, and other interested parties, including, but not limited to corrective actions applied to the noncompliant evaporative family and emission credits to remedy the failure. (c) Suspension and Revocation of Executive Orders. (1) The Executive Officer shall not revoke or suspend the Executive Order of Certification, without considering any information provided by the holder of such certification pursuant to (b) above. (2) If the results of the compliance testing indicate that the failed tanks, engines, or equipment units of a particular evaporative family or subgroup are produced at one plant, the Executive Officer may elect to suspend the Executive Order of Certification with respect to that evaporative family for engines or equipment manufactured at that plant. (3) Notwithstanding the foregoing, the Executive Officer may suspend an Executive Order of Certification , in whole or in part, effective upon written notice to the Holder if the Executive Officer finds that: (A) The Holder of the Executive Order of Certification has refused to comply with any of the requirements of this section; or (B) The Holder has submitted false or incomplete information in any report or information provided to the Executive Officer under this section; (C) The Holder has rendered inaccurate any test data submitted under this section; (D) That ARB personnel have been denied the opportunity to conduct activities authorized under this section after a warrant or court order is presented to the Holder; (E) That ARB personnel were unable to conduct activities authorized in this Article because the facility is located in a foreign jurisdiction where local law prohibits those activities. (4) The Executive Officer may revoke an Executive Order of Certification for an evaporative family after the Executive Order of Certification has been suspended pursuant to subsection (1) or (2) of this section if the proposed remedy for the nonconformity, as reported by the Holder to the Executive Officer, is one requiring a design change or changes to the evaporative emission control system as described in the application for certification of the affected evaporative family or subgroup. (5) Once an Executive Order of Certification has been suspended for a failed tank, engine, or equipment, as provided for in subsection (1) of this section, the Holder must take the following actions before the Executive Order of Certification can be reinstated: (A) Remedy the nonconformity; (B) Demonstrate that the tank, engine, or equipment conforms to the evaporative emission standards by retesting the tank, engine, or equipment in accordance with these regulations; and (C) Submit a written report to the Executive Officer, after successful completion of testing on the failed tank, engine, or equipment that contains a description of the remedy and test results for each tank, engine, or equipment in addition to other information that may be required by this part. (6) Once an Executive Order of Certification for a failed evaporative family or subgroup has been suspended pursuant to subsection (1), (2) or (3) of this section, the Holder must take the following actions before the Executive Officer will consider reinstating the Executive Order of Certification: (A) Submit a written report to the Executive Officer that identifies the reason for the noncompliance of the tanks, engines, or equipment, describes the proposed remedy, including a description of any proposed quality control and/or quality assurance measures to be taken by the Holder to prevent future occurrences of the problem, and states the date on which the remedies will be implemented; and (B) Demonstrate that the evaporative family or subgroup for which the Executive Order of Certification has been suspended does in fact comply with the regulations of this part by testing no fewer than five tanks, engines, or equipment. The results must meet the "Pass" criteria in subsection (a)(7). Such testing must comply with the provisions of this section. (7) Once the Executive Order of Certification has been revoked for an evaporative family or subgroup, if the Holder desires to continue introduction into commerce of a modified version of that evaporative family or subgroup, the Holder must: After implementing the change or changes intended to remedy the nonconformity, demonstrate that the modified evaporative family does in fact conform to the applicable standards of this Article by testing five engines or equipment from the modified evaporative family unless such testing is waived by the Executive Officer. (8) To permit a Holder to avoid storing non-test engines or equipment while conducting subsequent testing of the noncomplying evaporative family, a Holder may request that the Executive Officer conditionally reinstate the Executive Order of Certification for that evaporative family. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2766. Exemptions. (a) Low Permeation Tanks - Metal tanks, coextruded multilayer tanks, and structurally integrated nylon fuel tanks on SORE equipment with engine displacements < 80 cc are specifically exemptrom section 2755 of this Article. Tank permeation data is not required to be submitted in the certification application. (b) Small Production Volume Tank Exemption. These engines or equipment qualifying under section 2752(a)(26) are exempt from the diurnal standards in section 2754 and the fuel tank permeation standard in 2754 of this Article if the equipment contains the following: (1) An evaporative emission control system certified by an engine manufacturer that uses an actively purged carbon canister, an equivalent fuel line, and a sealed tethered fuel cap; or (2) An evaporative emission control system that passively vents fuel tank vapors to a carbon canister with a minimum butane working capacity as specified in TP-902, an equivalent fuel line, and a sealed tethered fuel cap. Tank permeation data is not required to be submitted in the certification application for Small Production Volume Tanks. (c) Equipment Fueled by a Vehicle Fuel Tank - Generators that are fueled from the fuel tank of an on-road motor vehicle or marine vessel are exempt from the diurnal performance requirements in section 2754 and the fuel tank permeation and carbon canister design requirements in section 2754(b). However, these generators must use fuel hose that meets the design requirements specified in section 2754(b). Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2767. Innovative Products. (a) The Executive Officer may make a determination that tank vent emission control achieved by an innovative technology may be approved per section 2767.1 if an evaluation of the innovative technology reveals that the technology can meet the evaporative emission requirements in section 2754. (b) The Executive Officer may make a determination to exempt engines and equipment from section 2756(b) of this Article if an evaluation of the innovative technology reveals that the technology can meet the diurnal evaporative emission standards in section 2754. (c) The Executive Officer may make a determination that fuel tanks that have undergone special treatment or that have been manufactured from a unique material are "equivalent fuel tanks" if it can be demonstrated that they meet the permeation standard in section 2755 of this Article when using TP-901, July 26, 2004. Tanks deemed equivalent augment "equivalent fuel tanks" already defined in section 2752 of this Article. (d) A manufacturer must apply in writing to the Executive Officer for an innovative product equivalency claimed under subsection (a, b, or c). The application must include the supporting documentation that quantifies the emissions from at least 5 samples of the innovative product, including the test methods used to generate the data. The test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures. In addition, the applicant must provide any information to enable the Executive Officer to establish conditions for making a determination of "equivalency". All information, including proprietary data submitted by a manufacturer pursuant to this section, shall be handled in accordance with the procedures specified in title 17, California Code of Regulations, sections 91000-91022. (e) Within 30 days of receipt of the application, the Executive Officer shall determine whether an application is complete. (f) Within 90 days after an application has been deemed complete, the Executive Officer will determine whether, under what conditions, and to what extent, a determination of "equivalency" will be permitted. The applicant and the Executive Officer may mutually agree to a longer time period for reaching a decision. An applicant may submit additional supporting documentation before a decision has been reached. The Executive Officer will notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that emissions from use of the product will meet the emissions reductions specified in subsection (a, b, or c). (g) In granting an "equivalency" determination for a fuel tank, the Executive Officer shall specify the test method(s) for determining conformance to the conditions established. (h) For any fuel tank for which an innovative product "equivalency" has been granted pursuant to this section, the manufacturer shall notify the Executive Officer in writing at least 30 days before the manufacturer changes a product's design, connections, or other factors that may effect the ROG emissions during recommended usage. The manufacturer must also notify the Executive Officer within 30 days after the manufacturer learns of any information that would alter the emissions estimates submitted to the Executive Officer in support of the "equivalency" application. (i) If the permeation standards are amended for a product category, all innovative "equivalency" determinations granted for products in the product category, except as provided in subsection (j), have no force and effect as of the effective date of the amended permeation standards. (j) If the Executive Officer believes that a fuel tank for which an "equivalency" determination has been granted no longer meets the criteria for an innovative product specified in subsections (a, b, or c), the Executive Officer may hold a public hearing in accordance with the procedures specified in title 17, California Code of Regulations, article 1, subchapter 1.25, Chapter 1, Division 3, to determine if the "equivalency" determination should be modified or revoked. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2767.1. Approved Evaporative Emission Control System Components. (a) The Executive Officer may make a determination to approve components (fuel tanks, fuel hoses, and carbon canisters) for use on evaporative emission control systems that have been shown to meet the Design Requirements in Table 1 of section 2754 of this Article. (b) A component manufacturer must apply in writing to the Executive Officer for a component claimed under subsection (a). The application shall include the supporting documentation that quantifies the emissions or performance from at least five samples of the component, including the test methods used to generate the data. If the test methods are not as prescribed in this article the test methods shall include criteria for reproducibility, accuracy, and sampling and laboratory procedures. All information, including proprietary data submitted by a manufacturer pursuant to this section, shall be handled in accordance with the procedures specified in title 17, California Code of Regulations, sections 91000-91022. (c) Within 30 days of receipt of the application, the Executive Officer shall determine whether an application is complete. (d) Within 90 days after an application has been deemed complete, the Executive Officer will approve/disapprove the component. If approved, an Executive Order will be issued for the component. The applicant and the Executive Officer may mutually agree to a longer time for reaching a decision. An applicant may submit additional supporting documentation before a decision has been reached. The Executive Officer will notify the applicant of the decision in writing and specify such terms and conditions that are necessary to ensure that the component will meet the performance standards in subsection (a). (e) If the Evaporative Emission Performance and Design Standards (reference section 2754) are amended for a product category, all "approvals" granted for components in the product category, except as provided in subsection (f), have no force and effect as of the effective date of the amended standards unless the applicable component requirements are not amended. (f) If the Executive Officer determines that a component for which an "approval" has been granted no longer meets the performance standards specified in subsection (a), the Executive Officer may deny, suspend or revoke the Executive Order following provisions of Section 2770 of this Article. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2768. Variances. (a) Any manufacturer of small off-road engines or equipment that use small off-road engines or fuel tanks subject to this Article that cannot meet the requirements set forth in sections 2754 through 2757 of this Article, due to extraordinary reasons beyond the manufacturer's reasonable control, may apply in writing for a variance. The variance application must set forth: (1) The provisions of the regulations for which a variance is sought; (2) the specific grounds upon which the variance is sought; (3) the proposed date(s) by which compliance will be achieved; and (4) a compliance plan detailing the method(s) that will achieve compliance. (b) Within 75 calendar days of receipt of a variance application containing the information required in subsection (a), the Executive Officer or his nominee shall hold a public hearing to determine whether, under what conditions, and to what extent, a variance is necessary and should be allowed. Notice of the time and place of the hearing must be sent to the applicant by certified mail not less than 30 days before to the hearing. Notice of the hearing must also be submitted for publication in the California Regulatory Notice Register and sent to every person who requests such a notice, not less than 30 days before the hearing. The notice must state that the parties may, but not need to be, represented by counsel at the hearing. At least 30 days before the hearing, the variance application must be made available to the public for inspection. Interested members of the public must be allowed a reasonable opportunity to testify at the hearing and their testimony must be considered. (c) No variance may be granted unless all of the following findings are made: (1) that, due to reasons beyond the reasonable control of the applicant, compliance would result in extraordinary economic hardship; (2) that the public interest in mitigating the extraordinary hardship to the applicant by issuing the variance outweighs the public interest in avoiding any increased emissions of air contaminants that would result from issuing the variance; (3) that the compliance plan proposed by the applicant can reasonably be implemented, and will achieve compliance as expeditiously as possible; and (4) that the applicant has mitigated the noncompliance to the maximum extent feasible. (d) Any variance order shall specify a final date by which compliance will be achieved. Any variance order shall contain a condition that specifies increments of progress necessary to assure timely compliance, and such other conditions that the Executive Officer, in consideration of the testimony received at the hearing, finds necessary to carry out the purposes of Division 26 of the Health and Safety Code. (e) A variance shall cease to be effective upon failure of the party to whom the variance was granted to comply with any term or condition of the variance. (f) Upon the application of any person, the Executive Officer may review, and for good cause, modify or revoke a variance from requirements of sections 2753 through 2756 or section 2759 after holding a public hearing in accordance with the provisions of subsection (b). (g) A variance shall not be granted for more than one full model year after the year such variance is granted. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2769. Inspection. The Executive Officer, or an authorized representative of the Executive Officer, may periodically inspect any facility of a manufacturers of equipment, manufacturers of engines, or manufacturers of evaporative emission control components, technology, or systems subject to this Article as deemed necessary to ensure compliance with these regulations. Failure of a manufacturer, distributor, or retailer or other person subject to this Article to allow access for inspection purposes shall be grounds for suspension or revocation of an Executive Order of Certification. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2770. Denial, Suspension or Revocation of Certification. (a) The Executive Officer for just cause may deny, suspend or revoke an Executive Order of Certification in any of the following circumstances: (1) An applicant or Holder has materially misrepresented the meaning, findings, effect or any other material aspect of the certification application, including submitting false or incomplete information in its application for certification regardless of the applicant's personal knowledge of the falsity or incompleteness of the information; (2) An applicant or Holder that uses a label other than the approved label on any engine or equipment, or the label used otherwise fails to comply with the requirements of this Article. (3) An applicant or Holder may be denied certification or be subject to a suspension or revocation action pursuant to this section based upon the actions of an agent, employee, licensee, or other authorized representative. (4) Pursuant to section 2754.1(b)(10) and (11) and 2769 above. (b) The Executive Officer shall notify the applicant or Holder by certified mail of any action taken by the Executive Officer to deny, suspend or revoke any certification granted under this Article. The notice shall set forth the reasons for and evidence supporting the action(s) taken. A suspension or revocation is effective upon receipt of the notification. (c) A Holder may request that the suspension or revocation be stayed pending a hearing under section 2771. In determining whether to grant the stay, the Executive Officer shall consider the harm the Holder will likely suffer if the stay is not granted. The Executive Officer shall deny the stay if the adverse effects of the stay on the public health, safety, and welfare outweigh the harm to the Holder if the stay is not granted. (d) Once an Executive Order of Certification has been suspended pursuant to (a) above, the Holder must satisfy and correct all noted reasons for the suspension and submit a written report to the Executive Officer advising him or her of all such steps taken by the Holder before the Executive Officer will consider reinstating the Executive Order of Certification. (e) Nothing in this section shall prohibit the Executive Officer from taking any other action provided for by law for violations of the Health and Safety Code. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2771. Appeals. Any person whose application for Executive Order of Certification has been denied, or whose certification has been suspended or revoked may request a hearing to review the action as provided herein. Any such request shall be made within fifteen working days of the date the action for which review is sought became final. (a) Hearing Procedure. Except as provided for in subsection (b) below, any appeal pursuant to this section shall be conducted in accordance with the Administrative Hearing Procedures for Petitions for Review of Executive Officer Decisions, title 17, California Code of Regulations, Division 3. Chapter 1 Article 2, commencing with section 60055.1. (b) Review by written submission. (1) In lieu of the hearing procedure set forth in (a) above, a manufacturer may request that a review of the Executive Officer's decision be conducted by a hearing officer solely by written submission. (2) A manufacturer may request a review of the Executive Officer's decision to deny, suspend or revoke a certification no later than 20 days from the date of issuance of the notice of the denial, suspension, or revocation. Such request shall include, at a minimum, the following: (A) name of the manufacturer, the name, address and telephone number of the person representing the manufacturer and a statement signed by a senior officer of the manufacturer warranting that the representative has full authority to bind the manufacturer as to all matters regarding the appeal; (B) copy of the Executive Order granting certification and the written notification of denial; (C) a statement of facts and explanation of the issues to be raised setting forth the basis for challenging the denial, suspension, or revocation (conclusory allegations will not suffice) together with all documents relevant to those issues; and (D) the signature of the representative named in (A) above. (3) Upon receipt of a request for review, the request shall be referred to the administrative hearing office of the state board for assignment of a hearing officer. (4) Within 15 days of appointment of a hearing officer ARB staff shall submit a written response to the manufacturer's submission and documents in support of the Executive Officer's action no later than 10 days after receipt of the manufacturer's submission; (5) within 7 days of receipt of the ARB response, the manufacturer may submit one rebuttal statement which shall be limited to the issues raised in the ARB rebuttal; (6) if the manufacturer submits a rebuttal, ARB staff may, within 7 days of receipt of the manufacturer's rebuttal, submit one rebuttal statement which shall be limited to the issues raised in the manufacturer's rebuttal; and (7) the hearing officer shall receive all statements and documents and render a written decision. The hearing officer's decision shall be mailed to the manufacturer no later than 60 working days after the final deadline for submission of papers. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2772. Penalties. In addition to suspension or revocation of an Executive Order of Certification as provided in this Article, the Executive Officer may seek civil or criminal penalties as provided for by law and/or such equitable relief deemed appropriate by the Executive Officer for any violation of these regulations. Such penalties shall apply on a per engine or equipment unit basis. Each day in which there is a violation shall be a separate violation. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code. s 2773. Severability. Each part of this article is severable, and in the event that any part of this article is held to be invalid, the remainder of this article remains in full force and effect. Note: Authority cited: Sections 39600, 39601 and 43013, Health and Safety Code. Reference: Section 43013, Health and Safety Code.