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(continued)
(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). (continued)