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.