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 2208.1 - Certification Flexibility for Innovative Heavy-Duty Engine Technology
Universal Citation: 13 CA Code of Regs 2208.1
Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) General Requirements.
(1)
Heavy-Duty
Engine Family Certification Requirements.
Unless otherwise indicated in this regulation, a heavy-duty engine family must comply with the certification requirements of California Code of Regulations, title 13, section 1956.8 and California Code of Regulations, title 13, section 1971.1. For such engines, the manufacturer must demonstrate compliance through the certification application process, and also comply with all reporting and recordkeeping requirements, of California Code of Regulations, title 13, sections 1969, 1971.1, 1971.5, and 2065.
(A) A heavy-duty engine family certified to
meet alternate emission standards pursuant to section
2208.1, subdivision (c)(4), is not
required to be certified pursuant to California Code of Regulations, title 13,
section 1956.8, subdivision (b) or
(d).
(2)
Surplus
Emission Reductions.
(A)
Low-NOx
Engines. In
order to be eligible for the certification flexibility in section
2208.1, subdivision (b), the
NOx emission level to which an engine is certified in a
given MY must be lower (i.e., more stringent) than the engine's mandatory
NOx emission standard for the given MY. Generation of
NOx emission reduction credits and averaging, banking,
or trading of NOx emission reductions achieved by any
such engine is prohibited under any regulation if such engine receives the
certification flexibility in section
2208.1, subdivision (b).
(B)
Hybrid Engines. In order
to be eligible for the certification flexibility in section
2208.1, subdivision (c), the
CO2 emission level to which an engine family is
certified in a given MY must be lower than the engine's mandatory
CO2 emission standard for the given MY. Any
CO2 emission reduction credits generated as a result of
receiving the certification flexibility in section
2208.1, subdivision (c) must be
immediately retired. Generation of CO2 emission
reduction credits and averaging, banking, or trading of
CO2 emission reductions achieved by any such engine is
prohibited under any regulation if such engine receives certification
flexibility pursuant to section
2208.1, subdivision (c).
(C)
High-Efficiency Engines.
Generation of CO2 emission reduction credits and
averaging, banking, or trading of CO2 emission
reductions achieved by an engine family meeting the optional
low-CO2 emission standard are prohibited if the engine
family receives certification flexibility pursuant to section
2208.1, subdivision (d).
(D) Notwithstanding any other provision,
including the sunset dates set forth in section
2208.1, subdivision (b)(1),
(c)(1), or (d)(1), eligibility of an engine family for the provisions of
section 2208.1, subdivision (b)(2),
(b)(3), or (c)(2) in a given MY sunsets if the emission levels to which the
engine family is certified are no longer more stringent than the mandatory new
engine standard for the given MY due to adoption of a rule, regulation, or
other air quality mandate.
(b) Certification Flexibility for Early Market Introduction of Low-NOx Engines.
(1)
Eligibility.
(A)
Spark-ignition
Low-NOx
Engines. Through the
2021 MY, an engine manufacturer shall be eligible to apply for certification of
a heavy-duty spark-ignition engine family meeting the 0.05 or 0.02 g/bhp-hr
NOx emission standard pursuant to the provisions of
section 2208.1, subdivision (b)(2), for a
maximum of three consecutive MYs, beginning with the MY in which the engine
manufacturer first certifies any spark-ignition engine family pursuant to the
provisions of section
2208.1, subdivision (b)(2) or
(b)(3).
(B)
Compression-ignition Low-NOx
Engines. Through the 2024 MY, an engine manufacturer shall be
eligible to apply for certification of a heavy-duty compression-ignition engine
family meeting the 0.10, 0.05 or 0.02 g/bhp-hr NOx
emission standard pursuant to the provisions of section
2208.1, subdivision (b)(2), with
the following restrictions:
1. An engine
manufacturer is eligible to apply for certification of a compression-ignition
engine family meeting the 0.10 g/bhp-hr NOx emission
standard pursuant to the provisions of section
2208.1, subdivision (b)(2) for a
maximum of three consecutive MYs, beginning with the MY in which the
manufacturer first certifies any low-NOx
compression-ignition engine family meeting the 0.10 g/bhp-hr
NOx emission standard pursuant to the provisions of
section 2208.1.
2. An engine manufacturer is eligible to
apply for certification of a compression-ignition engine family meeting the
0.05 g/bhp-hr NOx emission standard pursuant to the
provisions of section
2208.1, subdivision (b)(2) for a
maximum of three consecutive MYs, beginning with the MY in which the
manufacturer first certifies any low-NOx
compression-ignition engine family meeting the 0.05 g/bhp-hr
NOx emission standard pursuant to the provisions of
section 2208.1.
3. An engine manufacturer is eligible to
apply for certification of a compression-ignition engine family meeting the
0.02 g/bhp-hr NOx emission standard pursuant the
provisions of section
2208.1, subdivision (b)(2) for a
maximum of three consecutive MYs, beginning with the MY in which the
manufacturer first certifies any low-NOx
compression-ignition engine family meeting the 0.02 g/bhp-hr
NOx emission standard pursuant to the provisions of
section 2208.1.
(2)
Low-NOx
Engines: Certification Flexibility Provisions. A
low-NOx engine family for which an engine manufacturer
has demonstrated eligibility and compliance pursuant to section
2208.1, subdivisions (a) and
(b)(1) is eligible for the flexibility in section
2208.1, subdivisions (b)(2)(A) and
(b)(2)(B) when certified by ARB to meet the criteria pollutant heavy-duty
engine emission standards.
(A) If so
requested by the engine manufacturer, the Executive Officer shall provide an
engine family with an assigned deterioration factor (DF) that may be used in
lieu of intermediate or high-mileage emission tests to determine compliance
with applicable emission standards. The assigned DF shall be determined and
prescribed based on design specifications or sufficient control over design
specifications, development data, in-house testing procedures, and in-use
experience, and in consideration of assigned DFs for similar engine families
published in the United States Environmental Protection Agency (U.S. EPA)
National Vehicle and Fuel Emissions Laboratory guidance letter CD-12-07
(Revised), dated March 30, 2012, which is hereby incorporated by reference
herein. Alternately, a manufacturer may propose an assigned DF. In proposing a
DF, the manufacturer must demonstrate, using test data, that the proposed DF is
appropriate for use in determining compliance with the applicable emission
standards. All such demonstrations must be approved in advance by the Executive
Officer. The Executive Officer shall base his or her determination upon all
information submitted by a manufacturer, and upon good engineering
judgment.
(B)
OBD System
Requirements. All heavy-duty engines and vehicles are required to
comply with California Code of Regulations, title 13, sections
1971.1 and
1971.5, except for the allowances
described in section
2208.1, subdivisions (b)(2)(B)1.
through 4., below.
1.
OBD System
Demonstration. A manufacturer is allowed to exclude up to three
low-NOx engine families per MY from the calculation of a
manufacturer's total number of engine families for the purposes of California
Code of Regulations, title 13, section
1971.1, subdivision
(i)(2.2.3).
2.
Production
Engine Evaluation Testing. For production evaluation testing of
low-NOx engine families described in California Code of
Regulations, title 13, section
1971.1, subdivisions
(l)(1) through (3), a manufacturer must collect and report the
data to ARB, in a format approved by the Executive Officer, within twelve
months after the production vehicles are first introduced into commerce.
a. Verification of Standardized Requirements.
In lieu of the test vehicle selection criteria specified in California Code of
Regulations, title 13, section
1971.1, subdivisions
(l)(1.2.1) through (1.2.3), the manufacturer must test up to
five unique production vehicles within a low-NOx engine
family.
b. Verification and
Reporting of In-use Monitoring Performance. For testing described in California
Code of Regulations, title 13, section
1971.1, subdivision
(l)(3), manufacturers must submit a plan, in a format approved
by the Executive Officer, to the Executive Officer, for review and approval,
that details the types and number of production vehicles to be tested, the
sampling method, the data collection timeline, and the reporting format. The
Executive Officer may approve such plan upon determining that:
i) it provides for effective collection of
data from a sample of vehicles that, at a minimum, represents ten percent of
the total vehicles produced for sale in California per monitoring performance
group;
ii) it will likely result in
the collection and submittal of data within the required time frame;
iii) it will generate data that are
representative of California drivers and exhaust temperatures; and
iv) it 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.
Calculation of Fines for
Deficiencies. Up to four allowable deficiencies related to monitoring
of a technology needed to meet an engine's low-NOx emission standard shall be
excluded from the calculation of allowable deficiencies per
low-NOx engine family for the purposes of determining
the number of deficiencies subject to fines under California Code of
Regulations, title 13, section
1971.1, subdivision
(k)(2).
4.
Ordered Remedial
Action-Mandatory Recall for Emission Thresholds. In lieu of the recall
thresholds in California Code of Regulations, title 13, section
1971.5, subdivision (d)(3)(A)(ii),
the recall threshold for major monitors to indicate a malfunction shall be
three times the applicable major monitor malfunction criterion. For example, if
the malfunction criterion is 2.5 times the applicable standard, recall would be
required when emissions exceed 7.5 times the applicable standard, or if the
malfunction criterion is the particulate matter (PM) emission standard plus
0.02 g/bhp-hr, and the PM emission standard is 0.01 g/bhp-hr, recall would be
required when emissions exceed 0.09 g/bhp-hr.
(3)
Multiple
Low-NOx
Engine Option.
(A) An engine manufacturer may apply for
certification flexibility pursuant to section
2208.1, subdivision (b)(3) for two
low-NOx engine families that would otherwise have been
eligible for the provisions of section
2208.1, subdivision (b)(2) in a
given MY. One of these two engine families must meet all criteria and
requirements for an "early compliance" engine family, and the other engine
family must meet all criteria and requirements for an "enhanced flexibility"
engine family, as set forth in section
2208.1, subdivision (b)(3).
1. Both the "early compliance" and "enhanced
flexibility" engine families must meet this regulation's eligibility criteria
and requirements described in section
2208.1, subdivision (a).
2. Neither the "early compliance" nor the
"enhanced flexibility" engine family may be functionally equivalent to (i.e.,
of the same power rating and intended service class, utilizing the same fuel
and emission control system, and meeting the same durability requirements and
emission standards) an engine family from the same engine manufacturer that has
received the certification flexibility identified in section
2208.1, subdivision (b)(2) or
(b)(3) in any previous MY.
3. An
engine family that is functionally equivalent to (i.e., of the same power
rating and intended service class, utilizing the same fuel and emission control
system, and meeting the same durability requirements and emission standards),
and from the same engine manufacturer as, an engine family that received the
certification flexibility identified in section
2208.1, subdivision (b)(3) is
ineligible for the provisions of section
2208.1, subdivision
(b)(2).
(B) For three
consecutive MYs, beginning with the first MY for which they are certified by
ARB, any NOx credit generated by an "early compliance"
engine family, "enhanced flexibility" engine family, and any of their
functionally-equivalent engine families (i.e., engine families of the same
power rating and intended service class, utilizing the same fuel and emission
control system, and meeting the same durability requirements and emission
standards) must be immediately retired. Generation of emission reduction
credits or averaging, banking, or trading of NOx
emission reductions achieved by these engine families during this time period
is prohibited under any regulation.
(C) Upon a determination by the Executive
Officer that all criteria and requirements set forth in section
2208.1, subdivision (b)(3) are
met, the "enhanced flexibility" engine family is exempt from meeting emission
threshold monitoring requirements identified in California Code of Regulations,
title 13, section
1971.1, subdivisions (e) through
(f) for one MY. Such engine family must comply with engine labeling
requirements of section
2208.1, subdivision
(c)(2)(A)3.
(D) A 2020 and
subsequent MY spark-ignition engine family and 2023 and subsequent MY
compression-ignition engine family are ineligible for the provisions of section
2208.1, subdivision
(b)(3)(C).
(c) Certification Flexibility for Early Market Introduction of Heavy-Duty Hybrids.
(1)
Eligibility.
(A)
Hybrids that achieve less than 35 miles AER.
1. Tier 1: A manufacturer of a hybrid engine
family that is to be installed in a vehicle that does not achieve at least 35
miles AER shall be eligible to apply for certification of such an engine family
pursuant to the provisions of section
2208.1, subdivision (c)(2)(A) for
a maximum of two consecutive MYs, or through the 2021 MY, whichever comes
first.
2. Tier 2: A manufacturer of
a hybrid engine family that is to be installed in a vehicle that does not
achieve at least 35 miles AER shall be eligible to apply for certification of
such an engine family pursuant to the provisions of section
2208.1, subdivision (c)(2)(B) for
a maximum of two consecutive MYs subsequent to the two MYs in which the engine
manufacturer receives Tier 1 flexibility, or through the 2021 MY, whichever
comes first.
3. A hybrid engine
family that is to be installed in a transit bus that does not achieve at least
35 miles AER shall be ineligible for the provisions of section
2208.1, subdivision
(c)(2).
(B)
Hybrids that achieve at least 35 miles AER.
1. Tier 1: A manufacturer of a hybrid engine
family that is to be installed in a vehicle that does achieve at least 35 miles
AER shall be eligible to apply for certification of such an engine family
pursuant to the provisions of section
2208.1, subdivision (c)(2)(A) for
up to four consecutive MYs, or through the 2024 MY, whichever comes
first.
2. Tier 2: A manufacturer of
a hybrid engine family that is to be installed in a vehicle that does achieve
at least 35 miles AER shall be eligible to apply for certification of such an
engine family pursuant to the provisions of section
2208.1, subdivision (c)(2)(B) for
up to two consecutive MYs subsequent to the four MYs in which the engine
manufacturer receives Tier 1 flexibility, or through the 2024 MY, whichever
comes first.
(C) To be
eligible for the provisions of section
2208.1, subdivision (c)(2)(A) or
(c)(2)(B), a hybrid engine family must demonstrate no increase in
NOx, hydrocarbon (HC), or carbon monoxide (CO)
emissions, and at least a ten percent reduction in CO2
emissions, pursuant to section 7 of the "California Certification and
Installation Procedures for Medium- and Heavy-Duty Vehicle Hybrid Conversion
Systems," or be installed in a heavy-duty hybrid vehicle that is
certified pursuant to the "California Interim Certification Procedures
for 2004 and Subsequent Model Hybrid-Electric and Other Hybrid Vehicles, in the
Urban Bus and Heavy-Duty Vehicle Classes," as amended October 21,
2014, which is hereby incorporated by reference herein.
(2)
ITR Hybrid Technology
Certification Provisions.
(A)
Tier 1 Provisions.
1. An
engine family certified pursuant to the provisions of section
2208.1, subdivision (c)(2)(A)
shall be eligible for the provisions of section
2208.1, subdivision
(b)(2)(A).
2.
Diagnostic
System Requirements. An engine family certified pursuant to the
provisions of section
2208.1, subdivision (c)(2)(A) may
implement an Engine Manufacturer Diagnostic (EMD) system that meets the
requirements described in California Code of Regulations, title 13, section
1971.1, subdivision (d)(7.1.4).
a.
Anti-Backsliding
Provisions. An engine family is not eligible to implement an EMD
system that meets the requirements described in California Code of Regulations,
title 13, section
1971.1, subdivision (d)(7.1.4), if
a functionally equivalent engine family (i.e., of the same power rating and
intended service class, utilizing the same fuel and emission control system,
and meeting the same durability requirements and emission standards) from the
same engine manufacturer complies with, or has previously demonstrated
compliance with, the heavy-duty OBD requirements of California Code of
Regulations, title 13, section
1971.1, when certified by ARB or
the U.S. EPA.
b. Through the 2020
MY, an engine family that is ineligible for the provisions of section
2208.1, subdivision (c)(2)(A)2.
because of the exclusion identified in section
2208.1, subdivision (c)(2)(A)2.a.
shall not be subject to fines set forth in California Code of Regulations,
title 13, section
1971.1, subdivisions (k)(2) and
(k)(3) for any deficiencies that are specifically associated with the engine's
integration into the hybrid vehicle.
c. Through the 2020 MY, an engine family that
is ineligible for the provisions of section
2208.1, subdivision (c)(2)(A)2.
because of the exclusion identified in section
2208.1, subdivision (c)(2)(A)2.a.
is exempt from the requirements of California Code of Regulations, title 13,
section 1971.1, subdivision
(k)(4).
3.
Labeling Requirements. An engine belonging to an engine family
certified pursuant to section
2208.1, subdivision (c)(2)(A) must
be clearly and permanently labeled with the following language in a location
where it can be seen by a person viewing the Engine Emission Control
Information Label. In cases where this label may not be visible with the engine
installed in the vehicle, a duplicate label shall be applied to the vehicle
next to the Vehicle Emissions Control Information Label saying the following:
This engine has received certification flexibility from the California Air Resources Board because it is classified as an innovative technology pursuant to California Code of Regulations, title 13, sections 2208 and 2208.1, and may be subject to alternate diagnostic requirements pursuant to California Code of Regulations, title 13, section 2208.1. <insert the engine's applicable ARB Executive Order number here >
a. The label must be affixed in a permanent
manner that is designed to withstand, for the engine's useful life,
environmental conditions in the area where the label is attached. Enviornmental
conditions must include, but are not limited to, exposure to engine fuels,
lubricants, and coolants.
(B)
Tier 2 Provisions.
1. An engine family certified pursuant to the
provisions of section
2208.1, subdivision (c)(2)(B)
shall be eligible for the provisions of section
2208.1, subdivision
(b)(2)(A).
2.
OBD System
Requirements. An engine family certified pursuant to the provisions of
section 2208.1, subdivision (c)(2)(B) must
implement an OBD system that meets the requirements described in California
Code of Regulations, title 13, sections
1971.1 and
1971.5, except for the differences
described in section
2208.1, subdivisions (c)(2)(B)2.a.
through c., below.
a.
OBD System
Demonstration.
i. Each manufacturer
is allowed to exclude up to one hybrid engine family per model year from the
calculation of the manufacturer's total number of engine families for the
purposes of California Code of Regulations, title 13, section
1971.1, subdivision
(i)(2.2.3).
ii. Except as provided
in section
2208.1, subdivision
(c)(2)(B)2.a.iii., below, a hybrid engine that has been previously certified as
a base engine to the full heavy-duty OBD system monitoring requirements of
California Code of Regulations, title 13, section
1971.1 is exempt from the OBD
system demonstration testing requirements of California Code of Regulations,
title 13, section
1971.1, subdivision (i)(3), as
long as the hybrid engine is certified to the same standard as the base
engine.
iii. Any modifications that
are made to a previously certified heavy-duty OBD or OBD II engine or OBD
system shall invalidate that engine's eligibility for the OBD system
demonstration testing exemptions described in section
2208.1, subdivision
(c)(2)(B)2.a.ii. The manufacturer may request that the Executive Officer exempt
it from demonstration testing monitors that are not impacted by the
modifications. The Executive Officer may approve the exemption based on review
of data and/or analysis submitted by the manufacturer that demonstrates that
the originally calibrated emission thresholds are
unaffected.
b.
Production Engine Evaluation Testing. For production
evaluation testing described in California Code of Regulations, title 13,
section 1971.1, subdivisions
(l)(1) through (3), a manufacturer must collect and report the
data to ARB, in a format to be approved by the Executive Officer, within twelve
months after the production vehicles are first introduced into commerce.
i. Verification of Standardized Requirements:
In lieu of the test vehicle selection criteria specified in California Code of
Regulations, title 13, section
1971.1, subdivisions
(l)(1.2.1) through (1.2.3) for heavy-duty engines, the
manufacturer must test up to five unique production vehicles within a hybrid
engine family.
ii. Verification and
Reporting of In-use Monitoring Performance. For testing described in California
Code of Regulations, title 13, section
1971.1, subdivision
(l)(3), manufacturers must submit a plan, in a format to be
approved by the Executive Officer, to the Executive Officer, for review and
approval, that details the types and number of production vehicles to be
tested, the sampling method, the data collection timeline, and the reporting
format. The Executive Officer may approve the plan upon determining that:
A. it provides for effective collection of
data from a sample of vehicles that, at a minimum, represents ten percent of
the total vehicles produced for sale in California per monitoring performance
group;
B. it will likely result in
the collection and submittal of data within the required time frame;
C. it will generate data that are
representative of California drivers and exhaust temperatures; and
D. it 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.
c. Calculation of Fines for Deficiencies. Up
to three allowable deficiencies related to issues with the implementation of
the hybrid system shall be excluded from the calculation of allowable
deficiencies per hybrid engine family for the purposes of determining the
number of deficiencies subject to fines under California Code of Regulations,
title 13, section
1971.1, subdivision
(k)(2).
(3)
Dual Executive Order.
(A) For the 2017 through 2020 MYs, both the
engine, microturbine, or fuel cell manufacturer and the hybrid driveline
manufacturer shall be eligible, if so requested by both parties, to be
identified on a "dual" Executive Order as the parties jointly responsible for
complying with the terms of the "dual" Executive Order.
(B) For the 2021 through 2024 MYs, both the
engine, microturbine, or fuel cell manufacturer and the hybrid drive
manufacturer shall be eligible, if so requested by both parties, to be
identified on a "dual" Executive Order as the parties jointly responsible for
complying with the terms of the "dual" Executive Order, but only if the hybrid
vehicle or chassis in which they are installed demonstrates no increase in
NOx, CO, or HC emissions pursuant to section 7 of the
"California Certification and Installation Procedures for Medium- and
Heavy-Duty Vehicle Hybrid Conversion Systems."
(C) For 2025 and subsequent MYs, a single
Executive Order shall be granted for each engine family and hybrid drive system
combination, which shall identify a single entity as the party solely
responsible for complying with the terms of the Executive Order.
(D) An engine family receiving a "dual"
Executive Order pursuant to section
2208.1, subdivision (c)(3), but
that is not certified pursuant to section
2208.1, subdivision (c)(2)(A) or
(c)(2)(B), shall be exempt from the requirements of section
2208.1, subdivision
(a)(2)(B).
(E) Notwithstanding the
provisions of section
2208.1, subdivisions (c)(3)(A) and
(c)(3)(B), ARB reserves the right not to issue a "dual" Executive Order in a
given MY, if U.S. EPA has issued a Certificate of Conformity for the same
engine, microturbine, or fuel cell and hybrid drivetrain combination, that
identifies one party as solely responsible for complying with the terms of the
Certificate of Conformity.
(4)
Alternate Emission Standards for
Heavy-Duty Hybrids with at Least 35 Miles AER.
An engine family that meets the requirements of section 2208.1, subdivision (c)(4)(A) shall be eligible to be certified to alternate heavy-duty engine emission standards, pursuant to section 2208.1, subdivisions (c)(4)(B) and (c)(4)(C), through the 2024 MY.
(A)
Eligibility Criteria. The engine family must:
1. be installed in a vehicle capable of
achieving at least 35 miles AER;
2.
be electronically-controlled with a fully functional electronic control module
(ECM);
3. not be mechanically
connected to the drivetrain, and not be capable of directly propelling the
vehicle in which it is installed;
4. be a newly manufactured engine;
5. utilize a diesel particulate filter, if a
diesel engine; and
6. be installed
in a heavy-duty hybrid vehicle that complies with heavy-duty vehicle
evaporative emission standards pursuant to California Code of Regulations,
title 13, section
1976, if applicable, and has been
demonstrated not to increase NOx emissions relative to
the applicable non-hybrid baseline vehicle pursuant to section D of the
"California Interim Certification Procedures for 2004 and Subsequent
Model Hybrid-Electric and Other Hybrid Vehicles, in the Urban Bus and
Heavy-Duty Vehicle Classes."
(B)
Requirements for
Off-Road-Equivalent Engines. An engine meeting the requirements of
section 2208.1, subdivision (c)(4)(A) that
is identical to one that is certified under California Code of Regulations,
title 13, section
2403,
2423, or
2433 is eligible to be certified
pursuant to section
2208.1, subdivision (c)(4)(B) for
use in a heavy-duty hybrid vehicle. For such engines, the requirements in
section 2208.1, subdivisions (c)(4)(B)1.
through 5. apply.
1. The engines must be of a
configuration that is identical to one that is certified under California Code
of Regulations, title 13, section
2403,
2423, or
2433.
2. ARB will treat engines certified pursuant
to section
2208.1, subdivision (c)(4)(B) as
off-road engines for compliance purposes, including selective enforcement
audits, in-use testing, defect reporting, and recall. The engines must meet all
the requirements that apply under California Code of Regulations, title 13,
section 2403,
2423, or
2433, as applicable, instead of
the comparable requirements of California Code of Regulations, title 13,
section 1956.8, with the following
exceptions:
a. The engine must demonstrate
compliance with the useful life requirements applicable to the heavy-duty
vehicle class in which it will be installed, as identified in Title 40, Code of
Federal Regulations, Part 86, Section 86.004-2, as amended August 8, 2014,
which is hereby incorporated by reference herein; and
b. The engine must include a warranty that
covers the minimum warranty period for the original off-road engine
certification, but that shall cover the engine when operated and properly
maintained as intended in the on-road heavy-duty vehicle. The owner's manual
for the engine or for the vehicle in which the engine shall be installed must
include a listing of any required service and service intervals and recommended
maintenance practices for the engine when used in the intended on-road
heavy-duty vehicle application.
c.
Diagnostic Requirements.
i.
Tier 1: An engine family certified pursuant to section
2208.1, subdivision (c)(4)(B) may
meet the OBD requirements of section
2208.1, subdivision (c)(2)(A)2.
instead of implementing an OBD system that meets the requirements described in
California Code of Regulations, title 13, sections
1971.1 and
1971.5. A vehicle manufacturer may
sell in California or produce for California sale a maximum of 100 vehicles
utilizing such engines per MY.
ii.
Tier 2: An engine family certified pursuant to section
2208.1, subdivision (c)(4)(B) may
meet the OBD requirements of section
2208.1, subdivision (c)(2)(B)2.,
instead of implementing an OBD system that meets the requirements described in
California Code of Regulations, title 13, sections
1971.1 and
1971.5. A vehicle manufacturer may
not sell in California or produce for California sale more than 200 vehicles
utilizing such engines, or engines that meet the requirements described in
California Code of Regulations, title 13, sections
1971.1 and
1971.5, per MY.
iii. A vehicle manufacturer may utilize
engines meeting the OBD requirements of section
2208.1, subdivision (c)(2)(A)2. or
(c)(2)(B)2. for up to six total MYs, with engines meeting the OBD requirements
of section
2208.1, subdivision (c)(2)(A)2.
for no more than four of the six MYs. After this period of up to six MYs, a
vehicle manufacturer must utilize engines meeting heavy-duty OBD requirements
of California Code of Regulations, title 13, sections
1971.1 and
1971.5.
3. The engine must meet the most stringent
applicable off-road engine NOx and PM emission standards
for its MY, size, and classification, and may not participate in emission
averaging, banking, or trading programs.
4. Before shipping engines certified under
section 2208.1, subdivision (c)(4)(B), an
engine manufacturer must have written assurances from the hybrid vehicle
manufacturer that the hybrid vehicle manufacturer needs a certain number of
exempted engines under section
2208.1, subdivision
(c)(4)(B).
5. The engine must meet
the following engine labeling requirements:
a. An engine that is of a configuration that
is identical to one that is certified under California Code of Regulations,
title 13, sections
2403,
2423, or
2433 must meet the applicable
labeling requirements of California Code of Regulations, title 13, sections
2404,
2424, or
2434, respectively, but may not
have any label identifying it as an off-road engine; and
b. The engine must include a label that meets
the requirements of section
2208.1, subdivision
(c)(2)(A)3.
(C)
Requirements for Light- or Medium-Duty Equivalent Engines. An
engine meeting the requirements of section
2208.1, subdivision (c)(4)(A) that
is of a configuration that is identical to one installed in a light- or
medium-duty vehicle certified pursuant to California Code of Regulations, title
13, section
1961 or
1961.2 is eligible to be certified
pursuant to section
2208.1, subdivision (c)(4)(C) for
use on a heavy-duty hybrid vehicle. For such engines, the requirements in
section 2208.1, subdivision (c)(4)(C)1.
through 4. apply.
1. The engine, including
its emission control system, must be of a configuration that is identical to
one installed in a light- or medium-duty vehicle that is certified pursuant to
California Code of Regulations, title 13, section
1961 or
1961.2.
2. ARB will treat engines certified pursuant
to section
2208.1, subdivision (c)(4)(C) as
light- and medium-duty engines for compliance purposes, such as selective
enforcement audits, in-use testing, defect reporting, and recall. The engine
must meet all the requirements that apply under California Code of Regulations,
title 13, section
1961 or
1961.2, as applicable, instead of
the comparable requirements of California Code of Regulations, title 13,
section 1956.8, with the following
exceptions:
a. The engine must demonstrate
compliance with the useful life requirements applicable to the heavy-duty
vehicle class in which it will be installed, as identified in Title 40, Code of
Federal Regulations, Part 86, Section 86.004-2; and
b. The engine must include a warranty that
covers the minimum warranty period for the original light- or medium-duty
engine, but that shall cover the engine when operated and properly maintained
as intended in the on-road heavy-duty vehicle. The owner's manual for the
engine or for the vehicle in which the engine shall be installed must include a
listing of any required service and service intervals and recommended
maintenance practices for the engine when used in the intended on-road
heavy-duty vehicle application.
c.
Diagnostic Requirements.
i.
Tier 1: An engine family certified pursuant to section
2208.1, subdivision (c)(4)(C) may
meet the OBD requirements of section
2208.1, subdivision (c)(2)(A)2.
instead of implementing an OBD system that meets the requirements described in
California Code of Regulations, title 13, sections
1971.1 and
1971.5. A vehicle manufacturer may
sell in California or produce for California sale a maximum of 100 vehicles
utilizing such engines per MY.
ii.
Tier 2: An engine family certified pursuant to section
2208.1, subdivision (c)(4)(C) may
meet the OBD requirements of section
2208.1, subdivision (c)(2)(B)2.
instead of implementing an OBD system that meets the requirements described in
California Code of Regulations, title 13, sections
1971.1 and
1971.5. A vehicle manufacturer may
not sell in California or produce for California sale more than 200 vehicles
utilizing such engines, or engines that implement an OBD system that meets the
requirements described in California Code of Regulations, title 13, sections
1971.1 and
1971.5, per MY.
iii. A vehicle manufacturer may utilize
engines meeting the OBD requirements of section
2208.1, subdivisions (c)(2)(A)2.
or (c)(2)(B)2. for up to six total MYs, with engines meeting the OBD
requirements of section
2208.1, subdivisions (c)(2)(A)2.
for no more than four of the six MYs. After this period of up to six MYs, a
vehicle manufacturer must utilize engines meeting heavy-duty OBD requirements
of California Code of Regulations, title 13, sections
1971.1 and
1971.5.
3. Before shipping engines certified under
section 2208.1, subdivision (c)(4)(C),
manufacturer of such engines must have written assurances from the hybrid
vehicle manufacturer that the hybrid vehicle manufacturer needs a certain
number of exempted engines under section
2208.1, subdivision
(c)(4)(C).
4. The engine must meet
the following engine labeling requirements:
a. The engine must meet the requirements of
California Code of Regulations, title 13, section
1965, and may not have any label
identifying it as a light- or medium-duty engine; and
b. The engine must include a label that meets
the requirements of section
2208.1, subdivision
(c)(2)(A)3.
(D)
Data Collection and Reporting. For each engine that is
certified pursuant to section
2208.1, subdivision (c)(4), the
manufacturer of any vehicle in which such engine is installed, must collect the
data in section
2208.1, subdivision (c)(4)(D)1. on
a second-by-second interval for a minimum of three calendar years from the time
that the engine or vehicle is first deployed in a California fleet.
1. The manufacturer must present the
following data as the average calculated from all of the manufacturer's
vehicles certified pursuant to section
2208.1, subdivision (c)(4); must
include a histogram distribution of such data (at ten percent intervals); and
must organize the data by calendar year and engine family and drivetrain
combination.
a. Total miles
traveled;
b. Daily miles traveled
(miles/day);
c. Speed without idle
(miles/hour);
d. Percent time
operating in the following mile per hour intervals: (0+ to 10; 10+ to 20; 20+
to 30; 30+ to 40; 40+ to 50; 50+ to 60; 60+);
e. Fuel economy (miles/gallon);
f. Percent zero-emission operation (plug-in
vehicles only); and
g. Miles of
continuous zero-emission operation from full charge to when the engine turns on
(plug-in vehicles only).
2. When applying for certification of a
heavy-duty engine pursuant to section
2208.1, subdivision (c)(4), a
vehicle manufacturer must provide the data identified in section
2208.1, subdivision (c)(4)(D)1.
for all its hybrid vehicles that utilize engines certified pursuant to section
2208.1, subdivision (c)(4) within
the three previous MYs, if so requested by the Executive Officer. Such data
must be up to date as of no more than 90 days prior to the hybrid vehicle's
certification application date. The manufacturer must also provide all raw data
supporting the data summaries to the Executive Officer, in a format approved by
the Executive Officer, within thirty days, upon ARB request.
3. The vehicle manufacturer shall keep all
records related to warranty-related engine and vehicle maintenance and repair
that occur during the first three years a vehicle that utilizes an engine
certified pursuant to section
2208.1(c)(4) is
in service, including description and cost of repairs, and number of days the
vehicle is out of service for said maintenance and repairs. The vehicle
manufacturer shall keep such records for each vehicle for a minimum of five
years from the date the vehicle is entered into service, and shall provide this
information to ARB, in a format approved by the Executive Officer, within
thirty days, upon ARB request.
(d) High-Efficiency Heavy-Duty Engine.
(1)
Eligibility and
Certification Flexibility. A manufacturer shall be eligible, when
applying for certification of an engine family to the optional
low-CO2 emission standards pursuant to California Code
of Regulations, title 13, section
1956.8, subdivisions (a)(7)(A) and
(c)(4)(A)1., for the provisions of section
2208.1, subdivision (c)(2)(A) or
(c)(2)(B) for up to six consecutive MYs, through the 2027 MY, beginning with a
maximum of up to four MYs eligibility for the provisions of section
2208.1, subdivision (c)(2)(A).
(A) For a high-efficiency heavy-duty engine
eligible for the provisions of section
2208.1, subdivision (c)(2)(B)2.c.,
the three additional allowable deficiencies excluded from the calculation of
allowable deficiencies subject to fines must be related to achievement of the
optional low-CO2 emission standards identified in
California Code of Regulations, title 13, section
1956.8, subdivisions (a)(7)(A) and
(c)(4)(A)1.
(B) A hybrid engine
certified to the optional low-CO2 emission standards
pursuant to California Code of Regulations, title 13, section
1956.8, subdivision (a)(7)(A) or
(c)(4)(A)1. shall be ineligible for certification pursuant to the provisions of
section 2208.1, subdivision
(d).
(2)
Allowable Sales Volumes.
(A)
A manufacturer may not produce or sell more than 100 engines certified to the
optional low-CO2 emission standards that receive
certification flexibility pursuant to section
2208.1, subdivision (c)(2)(A) per
MY.
(B) A manufacturer may not
produce or sell more than 200 engines certified to the Optional
Low-CO2 Emission Standards that receive certification
flexibility pursuant to section
2208.1, subdivision (c)(2)(B) per
MY.
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, 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.
Disclaimer: These regulations may not be the most recent version. California may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
