California Code of Regulations
Title 13 - Motor Vehicles
Division 3 - Air Resources Board
Chapter 4 - Criteria for the Evaluation of Motor Vehicle Pollution Control Devices and Fuel Additives
Article 1 - Fuel Additives and Prototype Emission Control Devices
Section 2208 - Purpose, Applicability, Definitions, and Reference Documents

Universal Citation: 13 CA Code of Regs 2208

Current through Register 2024 Notice Reg. No. 38, September 20, 2024

(a) Purpose.

This regulation (California Code of Regulations, title 13, sections 2208, 2208.1, and 2208.2) sets forth optional on-road heavy-duty engine certification flexibility to encourage market launch of innovative new heavy-duty engine technologies. This regulation also defines protocols for certification of truck and bus hybrid conversion systems (also commonly referred to as hybrid aftermarket systems or conversion kits) to further encourage deployment of robust hybrid technology in California's truck and bus fleet.

(b) Applicability.

(1) Section 2208.1 applies to the California certification of the following heavy-duty engine technologies:
(A) 2017 through 2021 model year (MY) spark-ignition engines and 2017 through 2024 MY compression-ignition engines certifying to one of California's optional low oxides of nitrogen (NOx) engine emission standards, set forth in California Code of Regulations, title 13, section 1956.8, subdivision (a)(2)(A) or (c)(1)(B). These standards are 0.10 grams per brake-horsepower-hour (g/bhp-hr), 0.05 g/bhp-hr, and 0.02 g/bhp-hr NOx. This regulation does not apply to spark-ignition engines meeting the 0.10 g/bhp-hr NOx emission standard;

(B) 2017 through 2024 MY engines certifying for use in a heavy-duty hybrid vehicle (hybrid engine); and

(C) 2017 through 2027 MY engines certifying to meet the optional low carbon dioxide (CO2) emission standards pursuant to California Code of Regulations, title 13, section 1956.8, subdivisions (a)(7)(A) and (c)(4)(A)(1). Qualifying engines may not be certified using the provision in Title 40, Code of Federal Regulations, Part 1036, Section 1036.705(d), as amended September 15, 2011, which is hereby incorporated by reference herein, which allows the use of CO2 emission credits to demonstrate compliance with methane and/or nitrous oxide emission limits or emission standards in lieu of the otherwise applicable emission standards.

(2) Section 2208.2 applies to the California certification of hybrid conversion systems for installation on:
(A) A 2007 and subsequent MY California-certified base vehicle of between 6,001 and 8,500 pounds gross vehicle weight rating (GVWR), where the conversion enables the vehicle to achieve at least 35 miles all-electric range (AER);

(B) A 2007 and subsequent MY California-certified base vehicle of between 8,501 and 14,000 pounds GVWR; and

(C) A 2010 and subsequent MY base engine that is California-certified for installation in a vehicle over 8,500 pounds GVWR.

(c) Definitions.

(1) "All-electric range" or "AER" means the total miles driven, after the battery has been fully charged, with the engine and all other combustion sources turned off before the engine turns on for the first time, determined pursuant to section 7(e) of the "California Certification and Installation Procedures for Medium- and Heavy-Duty Vehicle Hybrid Conversion Systems," as adopted on September 1, 2017, which is hereby incorporated by reference herein.

(2) "Applicant" or "manufacturer" means any person who manufactures an engine or vehicle intended for sale in California.

(3) "Average" means the arithmetic mean.

(4) "Base engine" means the California-certified configuration of a pre-converted, non-hybrid conventional engine.

(5) "Base vehicle" means the California-certified configuration of a pre-converted, non-hybrid conventional vehicle.

(6) "Carbon dioxide" or "CO2" means the most common of the six primary greenhouse gases, consisting on a molecular level of a single carbon atom and two oxygen atoms.

(7) "Class 8 vehicle" means an on-road motor vehicle over 33,000 pounds GVWR.

(8) "Compression-ignition 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.

(9) "Days," when computing any period of time, means calendar days.

(10) "Engine family" means a grouping of vehicles or engines in a manufacturer's product line, determined in accordance with Title 40, Code of Federal Regulations, Part 86, Section 86.096-24, as amended April 28, 2014, which is hereby incorporated by reference herein.

(11) "Executive Officer" means the Executive Officer of the California Air Resources Board (ARB) or the Executive Officer's designee.

(12) "Family emission limit" or "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, pursuant to California Code of Regulations, title 13, section 2423, or Title 40, Code of Federal Regulations, Part 89, Section 89.112(d), as amended July 13, 2005, which is hereby incorporated by reference herein.

(13) "Gross vehicle weight rating" or "GVWR" has the same definition as that in California Vehicle Code Section 350, subdivision (a).

(14) "Heavy-duty engine" means an engine used to propel a heavy-duty vehicle. For purposes of this definition, the term "engine" includes internal combustion engines and other devices that convert chemical fuel into motive power. For example, a fuel cell used in a heavy-duty vehicle is a heavy-duty engine.

(15) "Heavy-duty vehicle" means any motor vehicle having a manufacturer's GVWR greater than 14,000 pounds.

(16) "Hybrid vehicle" means a vehicle that draws propulsion energy from both an on-board:
1) internal combustion engine, microturbine, or fuel cell that uses a consumable fuel; and

2) energy storage device, such as a battery, capacitor, pressure reservoir, or flywheel.

(17) "Hydrocarbon" or "HC" means the hydrocarbon group on which the emission standards are based for each fuel type. For alcohol-fueled engines, HC means non-methane hydrocarbon equivalent (NMHCE). For all other engines, HC means non-methane hydrocarbon (NMHC).

(18) "Low-NOx engine" means an on-road heavy-duty engine that is certified to one of the optional 0.10 g/bhp-hr, 0.05 g/bhp-hr, or 0.02 g/bhp-hr NOx emission standards, pursuant to California Code of Regulations, title 13, section 1956.8, subdivision (a)(2)(A) or (c)(1)(B).

(19) "Medium-duty vehicle" has the same definition as that in California Code of Regulations, title 13, section 1900, subdivision (b)(13).

(20) "Model year" or "MY" means the manufacturer's annual new model production period, except as restricted under this definition. It must include January 1 of the calendar year for which the model year is named, may not begin before January 2 of the previous calendar year, and must end by December 31 of the calendar year for which the model year is named. Manufacturers may not adjust model years to circumvent or delay compliance with emission standards or to avoid the obligation to certify annually.

(21) "Oxides of nitrogen" or "NOx" means nitric oxide (NO) and nitrogen dioxide (NO2) as measured by the procedures specified in Title 40, Code of Federal Regulations, Part 1065, Section 1065.270, as amended April 28, 2014, which is hereby incorporated by reference herein. Oxides of nitrogen are expressed quantitatively as if the NO is in the form of NO2, such that you use an effective molar mass for all oxides of nitrogen equivalent to that of NO2.

(22) "Spark-ignition engine" means a gasoline-fueled engine or any other type of engine with a spark plug (or other sparking device) and with operating characteristics significantly similar to the theoretical Otto combustion cycle.

(23) "Steady-state" means relating to emission tests in which engine speed and load are held at a finite set of nominally constant values. Steady-state tests are either discrete-mode tests or ramped-modal tests.

(24) "Transit bus" means a passenger-carrying vehicle owned or operated by a public transit agency that is 35 feet or longer and greater than 33,000 pounds GVWR.

(d) Severability

If any subsection, subdivision, paragraph, subparagraph, sentence, clause, phrase, or portion of section 2208, 2208.1, or 2208.2 of this regulation 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.

1. New section filed 10-16-2017; operative 10-16-2017 pursuant to Government Code section 11343.4(b)(3) (Register 2017, No. 42).

Note: Authority cited: Sections 38510, 38560, 39500, 39515, 39516, 39600, 39601, 43004, 43006, 43008.6, 43009.5, 43011, 43012, 43013, 43100, 43101, 43102, 43105, 43106, 43204, 43205, 43205.5 and 43806, Health and Safety Code; and Sections 27156 and 38391, Vehicle Code. Reference: Sections 38501, 39002, 39003, 39602.5, 39667, 43000, 43010, 43101.5 and 43018, Health and Safety Code.

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