1999 2003 ZEV Amendments THE 1999 2003 AMENDMENTS TO THE CALIFORNIA ZERO EMISSION VEHICLE REGULATION This document shows the California zero emission vehicle regulation as it existed March 23, 2004, in comparison to how it existed prior to January 1, 1999. Additions are shown in underline, and deletions are shown in strikeout. The sections shown are from title 13 of the California Code of Regulations.

§ 1960.1. Exhaust Emission Standards and Test Procedures  1981 through 2006 Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles.

[ Subsections ( a) through ( f)   No change]

( g)( 1) " LEV I" Exhaust Emission Standards for PCs and LDTs. The exhaust emissions from new 1992 through 2003 model year " LEV I" transitional low emission vehicles, and new 1992 through 2006 model year " LEV I" low emission vehicles and ultra low emission vehicles, in the passenger car and light duty truck classes shall not exceed:

LEV I EXHAUST EMISSION STANDARDS FOR TRANSITIONAL LOW EMISSION VEHICLES, LOW EMISSION VEHICLES, ULTRA LOW EMISSION VEHICLES AND ZERO EMISSION VEHICLES IN PASSENGER CAR AND LIGHT DUTY TRUCK VEHICLE CLASSES6,7,8,9,10 [ grams per mile ( or " g/ mi")]

Loaded Durability Vehicle Vehicle Vehicle Vehicle Emission Non Methane Carbon Oxides of Type1 Weight ( lbs) Basis( mi) Category2 Organic Gases3,4 Monoxide Nitrogen5 PC and All 50,000 TLEV 0.125 3.4 0.4 LDT 0 3750 LEV 0.075 3.4 0.2 ULEV 0.040 1.7 0.2 ZEV2.1    100,000 TLEV 0.156 4.2 0.6 LEV 0.090 4.2 0.3 ULEV 0.055 2.1 0.3 ZEV2.1    LDT 3751 5750 50,000 TLEV 0.160 4.4 0.7 LEV 0.100 4.4 0.4 ULEV 0.050 2.2 0.4 ZEV2.1    100,000 TLEV 0.200 5.5 0.9 LEV 0.130 5.5 0.5 ULEV 0.070 2.8 0.5 ZEV2.1    1999 2003 ZEV Amendments 2 1 " PC" means passenger cars. " LDT" means light duty trucks. " LVW" means loaded vehicle weight. " Non Methane Organic Gases" or " NMOG" means the total mass of oxygenated and non oxygenated hydrocarbon emissions. 2 " TLEV" means transitional low emission vehicle. " LEV" means low emission vehicle. " ULEV" means ultra low emission vehicle. " ZEV" means zero emission vehicle. ( 2.1) a. The Executive Officer shall certify as ZEVs vehicles that produce zero exhaust emissions of any criteria pollutant ( or precursor pollutant) under any and all possible operational modes and conditions. Incorporation of a fuel fired heater shall not preclude a vehicle from being certified as a ZEV provided the fuel fired heater cannot be operated at ambient temperatures above 40oF and the heater is demonstrated to have zero evaporative emissions under any and all possible operational modes and conditions.

[ Footnotes ( 3)( 11)   No change.]

( g)( 2) The fleet average non methane organic gas exhaust emission values from passenger cars and light duty trucks produced and delivered for sale in California by a manufacturer each model year from 1994 through 2000 shall not exceed:

FLEET AVERAGE NON METHANE ORGANIC GAS EXHAUST MASS EMISSION REQUIREMENTS FOR LIGHT DUTY VEHICLE WEIGHT CLASSES7,8,9 [ grams per mile" ( or " g/ mi")]

Loaded Durability Fleet Average Vehicle Vehicle Vehicle Model Non Methane Type1 Weight ( lbs.) Basis ( mi) 7 Year Organic Gases2,3,4,5,6 PC and All 50,000 1994 0.250 LDT 0 3750 1995 0.231 1996 0.225 1997 0.202 1998 0.157 1999 0.113 2000 0.073 LDT 3751 5750 50,000 1994 0.320 1995 0.295 1996 0.287 1997 0.260 1998 0.205 1999 0.150 2000 0.099 [ No change to footnotes 1 8] 1999 2003 ZEV Amendments 3 ( 9) ZEV Requirements. While meeting the fleet average requirements, each manufacturer shall certify, produce, and deliver for sale in California at least 10% ZEVs in 2003 and subsequent model years. These percentages shall be applied to the manufacturer's total production of PCs and LDTs 0 3750 lbs. LVW delivered for sale in California. a. Calculation of ZEV Credits. Manufacturers that produce for sale in California more ZEVs than required in a given model year shall earn ZEV credits, which shall be expressed in units of g/ mi NMOG. The amount of ZEV credits earned shall be equal to the number of ZEVs required to be produced and delivered for sale in California for the model year subtracted from the number of ZEVs produced and delivered for sale in California by the manufacturer for the model year and then multiplied by the fleet average NMOG requirement for PCs and LDTs 0 3750 lbs. LVW for the model year. In calculating the number of ZEV credits under this note ( 9) a, each ZEV produced and delivered for sale prior to the 2003 model year may be counted as follows:

1. ZEV Credits based on vehicle range:

Vehicle Range ( miles) Number of ZEVs Model Years 1996 and 1997 Model Years 1998 and 1999 Model Years 2000, 2001 and 2002 2 any

100

140 3

70

130

175 Range shall be determined in accordance with section 9. f.( 2)( a) of the " California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light Duty Trucks and Medium Duty Vehicles," incorporated by reference in section 1960.1( k).

2. ZEV Credits based on the specific energy of the battery:

Specific Energy of Battery ( w hr/ kg) Number of ZEVs Model Years 1996, 1997 and 1998 Model Years 1999 and 2000 Model Years 2001 and 2002 2 any

50

60 3

40

60

90 For model years 1999 through 2002, additional ZEV credits will be determined by linear interpolation between the values shown in the above schedule. Battery specific energy shall be determined in accordance with section 9. g. of the " California Exhaust Emission Standards and Test Procedures for 1988 and Subsequent Model Passenger Cars, Light Duty Trucks and Medium Duty Vehicles," incorporated by reference in section 1960.1( k). 3. For purposes of calculating ZEV credits, a ZEV may be counted according to note ( 9) a. 1. or ( 9) a. 2. above, but not both. 4. For purposes of calculating manufacturer's fleet average NMOG value under note ( 4) or ( 5), each ZEV shall be counted as one vehicle.

All ZEV credits earned prior to the 2003 model year shall be treated as if earned in the 2003 model year and shall be discounted in accordance with note ( 7) c. 1999 2003 ZEV Amendments 4 b. Submittal of ZEV Credits. A manufacturer may meet the ZEV requirements in any given model year by submitting to the Executive Officer a commensurate amount of ZEV credits. These credits may be earned previously by the manufacturer or acquired from another manufacturer. The amount of ZEV credits required to be submitted shall be calculated by subtracting the number of ZEVs produced and delivered for sale in California by the manufacturer for the model year from the number of ZEVs required to be produced by the manufacturer for the model year and then multiplying by the fleet average requirement for PCs and LDTs 0 3750 lbs. LVW for that model year. c. Requirement to Make Up a ZEV Deficit. Manufacturers that certify, produce, and deliver for sale in California fewer ZEVs than required in a given model year shall make up the deficit by the end of the next model year by submitting to the Executive Officer a commensurate amount of ZEV credits. The amount of ZEV credits required to be submitted shall be calculated by subtracting the number of ZEVs produced and delivered for sale in California by the manufacturer for the model year from the number of ZEVs required to be produced by the manufacturer for the model year and then multiplying by the fleet average requirements for PCs and LDTs 0 3750 lbs. LVW for the model year in which the deficit is incurred. d. Penalty for Failure to Meet ZEV Requirements. Any manufacturer that fails to produce and deliver for sale in California the required number of ZEVs or submit an appropriate amount of ZEV credits and does not make up ZEV deficits within the specified time period shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer that sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the ZEV deficits are not balanced by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board's standards shall be calculated according to the following equation: ( No. of ZEVs required to be produced and delivered for sale in California for the model year)  ( No of ZEVs actually produced and delivered for sale in California for the model year)  [( Amount of ZEV credits submitted for the model year) / ( the fleet average requirement for PCs and LDTs 0 3750 lbs. LVW for the model year)]. e. ZEV Credits for MDVs and LDTs 3751 5750 lbs. LVW. ZEVs classified as MDVs or as LDTs 3751 5750 lbs. LVW may be counted toward the ZEV requirement for PCs and LDTs 0 3750 lbs. LVW and included in the calculation of ZEV credits as specified in note ( 9) a, if the manufacturer so designates. f. Small volume manufacturers as defined in note ( 6) shall not be required to meet the percentage ZEV requirements. However, small volume manufacturers may earn and market credits for ZEVs they produce and deliver for sale in California.

[ Subsections ( h)( r) no change]

NOTE: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104, and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43103, 43104, 43105, 43106, 43107, and 43204  43205.5, Health and Safety Code. 1999 2003 ZEV Amendments 5 § 1962. Zero Emission Vehicle Standards for 2005 and Subsequent Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles.

( a) ZEV Emission Standard. The Executive Officer shall certify new 2005 and subsequent model passenger cars, light duty trucks and medium duty vehicles as ZEVs if the vehicles produce zero exhaust emissions of any criteria pollutant ( or precursor pollutant) under any and all possible operational modes and conditions. Incorporation of a fuel fired heater shall not preclude a vehicle from being certified as a ZEV provided: ( 1) the fuel fired heater cannot be operated at ambient temperatures above 40oF, ( 2) the heater is demonstrated to have zero fuel evaporative emissions under any and all possible operational modes and conditions, and ( 3) the emissions of any pollutant from the fuel fired heater when operated at an ambient temperature between 68oF and 86oF do not exceed the emission standard for that pollutant for a ULEV under section 1961( a)( 1).

A vehicle that would meet the emissions standards for a ZEV except that it uses a fuelfired heater that can be operated at ambient temperatures above 40oF, that cannot be demonstrated to have zero fuel evaporative emissions under any and all possible operation modes and conditions, or that has emissions of any pollutant exceeding the emission standard for that pollutant for a ULEV under section 1961( a)( 1), shall be certified based on the emission level of the fuel fired heater.

( b) Percentage ZEV Requirements.

( 1) General Percentage ZEV Requirement.

( A) Basic Requirement. The minimum percentage ZEV requirement for each manufacturer is listed in the table below as the percentage of the PCs and LDT1s, and LDT2s to the extent required by section ( b)( 1)( C), produced by the manufacturer and delivered for sale in California that must be ZEVs, subject to the conditions in this section 1962( b).

Model Years Minimum ZEV Requirement 2005 through 2008 10 percent 2009 through 2011 11 percent 2012 through 2014 12 percent 2015 through 2017 14 percent 2018 and subsequent 16 percent ( B) Calculating the Number of Vehicles to Which the Percentage ZEV Requirement is Applied. A manufacturer's volume of PCs and LDT1s produced and delivered for sale in California will be averaged for the 1997, 1998, and 1999 model years to determine the California PC and LDT1 production volume for the model year 2005 ZEV requirements. For subsequent three year periods following model year 2005, a manufacturer's California production volume of PCs and LDT1s, and LDT2s as applicable, will be based on a three year average of the manufacturer's volume of PCs and LDT1s, and LDT2s as applicable, produced and delivered for sale in California in the prior fourth, fifth and sixth years ( e. g. 2006 to 2008 model year ZEV 1999 2003 ZEV Amendments 6 requirements will be based on California production volumes of PCs and LDT1s, and LDT2s as applicable, for 2000 to 2002 model years). This production averaging is used to determine ZEV requirements only, and has no effect on a manufacturer's size determination. As an alternative to the three year averaging of prior year production described above, a manufacturer may during model year 2005 or the first model year of a subsequent three year period elect to base its ZEV obligation on the number of PCs and LDT1s, and LDT2s to the extent required by section ( b)( 1)( C), produced by the manufacturer and delivered for sale in California that same year. If a manufacturer elects to use this method after model year 2005 it must be used for each year of the three year period. In applying the ZEV requirement, a PC, LDT1, or LDT2 ( beginning in the 2007 model year) that is produced by a small volume manufacturer, but is marketed in California by another manufacturer under the other manufacturer's nameplate, shall be treated as having been produced by the marketing manufacturer.

( C) Phase in of ZEV Requirements for LDT2s. Beginning with the ZEV requirements for the 2007 model year, a manufacturer's LDT2 production shall be included in determining the manufacturer's overall ZEV requirement under section ( b)( 1)( A) in the increasing percentages shown the table below.

2007 2008 2009 2010 2011 2012+

17% 34% 51% 68% 85% 100%

( D) Exclusion of ZEVs in Determining a Manufacturer's Sales Volume. In calculating for purposes of sections 1962( b)( 1)( B) and 1962( b)( 1)( C) the volume of PCs, LDT1s and LDT2s a manufacturer has produced and delivered for sale in California, the manufacturer shall exclude the number of ZEVs produced by the manufacturer, or by a subsidiary in which the manufacturer has a greater than 50% ownership interest, and delivered for sale in California.

( 2) Requirements for Large Volume Manufacturers.

( A) Primary Requirements for Large Volume Manufacturers. In the 2005 through 2008 model years, a large volume manufacturer must meet at least 20% of its ZEV requirement with ZEVs or ZEV credits generated by such vehicles, and at least another 20% with ZEVs, advanced technology PZEVs, or credits generated by such vehicles. The remainder of the large volume manufacturer's ZEV requirement may be met using PZEVs or credits generated by such vehicles. As the ZEV requirement increases over time from 10% in model year 2005 to 16% in model years 2018 and subsequent, the maximum portion of a large volume manufacturer's percentage ZEV requirement that may be satisfied by PZEVs that are not advanced technology PZEVs, or credits generated by such vehicles, is limited to 6% of the manufacturer's applicable California PC, LDT1, and LDT2 production volume; advanced technology PZEVs or credits generated by such vehicles may be used to meet up to one half of the manufacturer's remaining ZEV requirement. 1999 2003 ZEV Amendments 7 ( B) Alternative Requirements for Large Volume Manufacturers.

1. Minimum Floor for Production of Type III ZEVs.

a. Requirement For the 2005 2008 Model Years. A large volume manufacturer electing to be subject to the alternative compliance requirements during model years 2005 through 2008 must produce, deliver for sale, and place in service in California enough 2001 2008 model year Type III ZEVs to generate ZEV credits sufficient to meet a cumulative percentage ZEV requirement of 1.09 percent of the manufacturer's average annual California sales of PCs and LDT1s over the five year period from model years 1997 through 2001, or submit an equivalent number of credits generated by such vehicles. The manufacturer may meet up to one half of this requirement with [ i] 2004 2008 model year Type I or Type II ZEVs, provided that 20 Type I ZEVs or 10 Type II ZEVs will equal one Type III ZEV, and [ ii] 1997 2003 modelyear Type I or Type II ZEVs that qualify for an extended service multiplier under section 1962( f) for a year primarily during calendar years 2004 2008, provided that 33 years of such a multiplier will equal one Type III ZEV.

b. Requirement For the 2009 2011 Model Years. A large volume manufacturer electing to be subject to the alternative compliance requirements during model years 2009 through 2011 must produce, deliver for sale, and place in service in California enough 2009 2011 model year Type III ZEVs to generate ZEV credits sufficient to meet the 2009 2011 alternative path percentage, as calculated pursuant to section 1962( b)( 2)( B) 1. e., of the manufacturer's section 1962( b)( 1) percentage ZEV requirement for the 2010 model year, based on the prior year method described in section 1962( b)( 1)( B), or submit an equivalent number of credits generated by such vehicles. The manufacturer may meet up to one half of this requirement with [ i] 2009 2011 model year Type I or Type II ZEVs, provided that 20 Type I ZEVs or 10 Type II ZEVs will equal one Type III ZEV, and [ ii] 1997 2003 model year ZEVs that qualify for an extended service multiplier under section 1962( f) for a year primarily during calendar years 2009 2011, provided that 33 years of such a multiplier will equal one Type III ZEV.

c. Requirement For the 2012 2014 Model Years. A large volume manufacturer electing to be subject to the alternative compliance requirements during model years 2012 through 2014 must produce, deliver for sale, and place in service in California enough 2012 2014 model year Type III ZEVs to generate ZEV credits sufficient to meet the 2012 2014 alternative path percentage, as calculated pursuant to section 1962( b)( 2)( B) 1. e., of the manufacturer's section 1962( b)( 1) percentage ZEV requirement for the 2013 model year, based on the prior year method described in section 1962( b)( 1)( B), or submit an equivalent number of credits generated by such vehicles. The manufacturer may meet up to one half of this requirement with 2012 2014 model year Type I or Type II ZEVs, provided that 10 Type I ZEVs or 5 Type II ZEVs will equal one Type III ZEV.

d. Requirement For the 2015 2017 Model Years. A large volume manufacturer electing to be subject to the alternative compliance requirements during model years 2015 through 2017 must produce, deliver for sale, and place in service in California enough 2015 2017 model year Type III ZEVs to generate ZEV credits sufficient to meet the 2015 2017 1999 2003 ZEV Amendments 8 alternative path percentage, as calculated in section 1962( b)( 2)( B) 1. e., of the manufacturer's section 1962( b)( 1) percentage ZEV requirement for the 2016 model year, based on the prior year method described in section 1962( b)( 1)( B), or submit an equivalent number of credits generated by such vehicles. The manufacturer may meet up to one half of this requirement with 2015 2017 model year Type I or Type II ZEVs, provided that 10 Type I ZEVs or 5 Type II ZEVs will equal one Type III ZEV.

e. Calculation of a Manufacturer's Alternative Path Percentage. A manufacturer's alternative path percentage for a given time period is calculated as the target number of credits for each time period divided by the applicable combined model year ZEV obligation of all large volume manufacturers for that same time period, where:

Time Period ( MYs) Target Number of Alternative Path Type III ZEVs Credits per Vehicle Target Number of Credits Combined Model Year ZEV Obligation Alternative Path Percentage 2009   2011 2,500 4 10,000 A ( 10,000/ A) x100 2012   2014 25,000 3 75,000 B ( 75,000/ B) x100 2015   2017 50,000 3 150,000 C ( 150,000/ C) x100 And where:

A = The combined total section 1962( b)( 1) percentage ZEV requirement, based on the prior year method described in section 1962( b)( 1)( B), that would apply for all large manufacturers for the 2010 model year, B = The combined total section 1962( b)( 1) percentage ZEV requirement, based on the prior year method described in section 1962( b)( 1)( B), that would apply for all large manufacturers for the 2013 model year, and C = The combined total section 1962( b)( 1) percentage ZEV requirement, based on the prior year method described in section 1962( b)( 1)( B), that would apply for all large manufacturers for the 2016 model year.

f. Exclusion of Additional Credits for Transportation Systems. Any additional credits for transportation systems generated in accordance with section 1962( g)( 5) shall not be counted towards compliance with this section 1962( b)( 2)( B) 1. a. d.

g. Carry over of Excess Credits. Where a manufacturer generates more qualifying ZEV credits than are needed to meet the minimum floor requirement for the production of Type III ZEVs in one of the periods identified in section 1962( b)( 2)( B) 1. a. c., the qualifying ZEV credits may be used towards meeting the minimum floor requirement for the production of Type III ZEVs in a subsequent period, provided that the value of these carryover credits shall be based on the model year in which the credits are used.

h. Failure to Meet Requirement for Production of Type III ZEVs. A manufacturer that, after electing to be subject to the alternative requirements in section 1999 2003 ZEV Amendments 9 1962( b)( 2)( B) for any model year from 2005 through 2017, fails to meet the requirement in section 1962( b)( 2)( B) 1. a.. d. by the end of the specified three or four year period in which the model year falls, shall be treated as subject to the primary requirements in section 1962( b)( 2)( A) for all model years in the specified three or four year period.

i. The number of Type III ZEVs needed for a manufacturer under section 1962( b)( 2)( B) 1. a. d shall be rounded to the nearest whole number.

2. Compliance With Percentage ZEV Requirements. In the 2005 through 2008 model years, a large volume manufacturer electing to be subject to the alternative compliance requirements in a given model year must meet at least 40 percent of its ZEV requirement for that model year with ZEVs, advanced technology PZEVs, or credits generated from such vehicles. The remainder of the large volume manufacturer's ZEV requirement may be met using PZEVs or credits generated from such vehicles. As the ZEV requirement increases over time from 11% in model year 2009 to 16% in model years 2018 and subsequent, the maximum portion of the large volume manufacturer's percentage ZEV requirement that may be satisfied by PZEVs that are not advanced technology PZEVs, or credits generated by such vehicles, is limited to 6% of the manufacturer's applicable California PC, LDT1, and LDT2 production volume; ZEVs, AT PZEVs, or credits generated by such vehicles may be used to meet the manufacturer's remaining ZEV requirement.

3. Sunset of Alternative Requirements After the 2017 Model Year. The alternative requirements in section 1962( b)( 2)( B) are not available after the 2017 model year.

( C) Election of the Primary or Alternative Requirements for Large Volume Manufacturers. A large volume manufacturer shall be subject to the primary ZEV requirements for the 2005 model year unless it notifies the Executive Officer in writing prior to the start of the 2005 model year that it is electing to be subject to the alternative compliance requirements for that model year. Thereafter, a manufacturer shall be subject to the same compliance option as applied in the previous model year unless it notifies the Executive Officer in writing prior to the start of a new model year that it is electing to switch to the other compliance option for that new model year. However, a large volume manufacturer that has previously elected to be subject to the primary ZEV requirements for one or more of the model years in the three or four year periods identified in section 1961( b)( 1( B) 1. a. d. may prior to the end of the three or four year period elect to become subject to the alternative compliance requirements for the full three or four year period upon a demonstration that it has complied with all of the applicable requirements for that period in section 1962( b)( 2)( B) 1. a. d.

( D) Use of Credits from Model Year 2003 2004 PZEVs. A large volume manufacturer may produce, and deliver for sale in California, model year 2003 or 2004 PZEVs that generate credits exceeding the number of credits equal to 6 percent of the average annual volume of 1997, 1998 and 1999 PCs and LDT1s produced and delivered for sale in California by the manufacturer. In that event, the manufacturer may use those excess credits as AT PZEV credits in the 2005 and 2006 model years. 1999 2003 ZEV Amendments 10 ( 3) Requirements for Intermediate Volume Manufacturers. In the 2005 and subsequent model years, an intermediate volume manufacturer may meet its ZEV requirement with up to 100 percent PZEVs or credits generated by such vehicles.

( 4) Requirements for Small Volume Manufacturers and Independent Low Volume Manufacturers. A small volume manufacturer or an independent low volume manufacturer is not required to meet the percentage ZEV requirements. However, a small volume manufacturer or an independent low volume manufacturer may earn and market credits for the ZEVs or PZEVs it produces and delivers for sale in California.

( 5) Counting ZEVs and PZEVs in Fleet Average NMOG Calculations. For the purposes of calculating a manufacturer's fleet average NMOG value and NMOG credits under sections 1960.1( g)( 2) and 1961( b) and ( c), a vehicle certified as a ZEV is counted as one ZEV, and a PZEV is counted as one SULEV certified to the 150,000 mile standards regardless of any ZEV or PZEV multipliers.

( 6) Implementation Prior to 2005 Model Year. Prior to the 2005 model year, a manufacturer that voluntarily produces vehicles meeting the ZEV emission standards applicable to 2005 and subsequent model year vehicles may certify the vehicles to those standards and requirements for purposes of calculating fleet average NMOG exhaust emission values and NMOG credits under sections 1960.1( g)( 2) and 1961( b) and ( c), and for calculating ZEV credits as set forth in section 1962( d).

( 7) Changes in Small Volume, Independent Low Volume, and Intermediate Volume Manufacturer Status.

( A) Increases in California Production Volume. In the 2003 and subsequent model years, if a small volume manufacturer's average California production volume exceeds 4,500 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, or if an independent low volume manufacturer's average California production volume exceeds 10,000 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, or if an intermediate volume manufacturer's average California production volume exceeds 60,000 units of new PCs, LDTs, and MDVs based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, the manufacturer shall no longer be treated as a small volume, independent low volume, or intermediate volume manufacturer, as applicable, and shall comply with the ZEV requirements for independent low volume, intermediate volume or large volume manufacturers, as applicable, beginning with the sixth model year after the last of the three consecutive model years. The lead time shall be four rather than six years where a manufacturer ceases to be a small or intermediate volume manufacturer in the 2003 or subsequent years due to the aggregation requirements in majority ownership situations, except that if the majority ownership in the manufacturer was acquired prior to the 2001 model year, the manufacturer must comply with the stepped up ZEV requirements starting in the 2010 model year. 1999 2003 ZEV Amendments 11 ( B) Decreases in California Production Volume. If a manufacturer's average California production volume falls below 4,500, 10,000 or 60,000 units of new PCs, LDTs, and MDVs, as applicable, based on the average number of vehicles produced and delivered for sale for the three previous consecutive model years, the manufacturer shall be treated as a small volume, independent low volume, or intermediate volume manufacturer, as applicable, and shall be subject to the requirements for a small volume, independent low volume, or intermediate volume manufacturer beginning with the next model year.

( C) Calculating California Production Volume in Change of Ownership Situations. Where a manufacturer experiences a change in ownership in a particular model year, the change will affect application of the aggregation requirements on the manufacturer starting with the next model year. The manufacturer's small or intermediate volume manufacturer status for the next model year shall be based on the average California production volume in the three previous consecutive model years of those manufacturers whose production volumes must be aggregated for that next model year. For example, where a change of ownership during the 2004 model year results in a requirement that the production volume of Manufacturer A be aggregated with the production volume of Manufacturer B, Manufacturer A's status for the 2005 model year will be based on the production volumes of Manufacturers A and B in the 2002 2004 model years. Where the production volume of Manufacturer A must be aggregated with the production volumes of Manufacturers B and C for the 2004 model year, and during that model year a change in ownership eliminates the requirement that Manufacturer B's production volume be aggregated with Manufacturer A's, Manufacturer A's status for the 2005 model year will be based on the production volumes of Manufacturers A and C in the 2002 2004 model years. In either case, the lead time provisions in section 1962( b)( 5)( A) and ( B) will apply.

( c) Partial ZEV Allowance Vehicles ( PZEVs).

( 1) Introduction. This section 1962( c) sets forth the criteria for identifying vehicles delivered for sale in California as PZEVs. A PZEV is a vehicle that cannot be certified as a ZEV but qualifies for a PZEV allowance of at least 0.2.

( 2) Baseline PZEV Allowance. In order for a vehicle to be eligible to receive a PZEV allowance, the manufacturer must demonstrate compliance with all of the following requirements. A qualifying vehicle will receive a baseline PZEV allowance of 0.2.

( A) SULEV Standards. Certify the vehicle to the 150,000 mile SULEV exhaust emission standards for PCs and LDTs in section 1961( a)( 1) ( for model years 2003 through 2006, existing SULEV intermediate in use compliance standards shall apply to all PZEVs). Bi fuel, fuel flexible and dual fuel vehicles must certify to the applicable 150,000 mile SULEV exhaust emission standards when operating on both fuels;

( B) Evaporative Emissions. Certify the vehicle to the evaporative emission standards in section 1976( b)( 1)( E) (" zero" evaporative emissions standards); 1999 2003 ZEV Amendments 12 ( C) OBD. Certify that the vehicle will meet the applicable on board diagnostic requirements in section 1968.1 for 150,000 miles; and ( D) Extended Warranty. Extend the performance and defects warranty period set forth in sections 2037( b)( 2) and 2038( b)( 2) to 15 years or 150,000 miles, whichever occurs first, except that the time period is to be 10 years for a zero emission energy storage device used for traction power ( such as a battery, ultracapacitor, or other electric storage device).

( 3) Zero Emission VMT PZEV Allowance.

( A) Calculation of Zero Emission VMT Allowance. A vehicle that meets the requirements of section 1962( c)( 2) and has zero emission vehicle miles traveled (" VMT") capability will generate an additional zero emission VMT PZEV allowance calculated as follows:

Urban All Electric Range Zero emission VMT Allowance < 10 miles 0.0 10 miles to 90 miles ( 33.8 + [ 0.5 x Urban AER])/ 35 > 90 miles 2.25 The urban all electric range shall be determined in accordance with section E. 3.( 2)( a) of the " California Exhaust Emission Standards and Test Procedures for 2005 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," incorporated by reference in section 1962( h).

( B) Alternative Procedures. As an alternative to determining the zero emission VMT allowance in accordance with the preceding section 1962( c)( 3)( A), a manufacturer may submit for Executive Officer approval an alternative procedure for determining the zero emission VMT potential of the vehicle as a percent of total VMT, along with an engineering evaluation that adequately substantiates the zero emission VMT determination. For example, an alternative procedure may provide that a vehicle with zero emissions of one regulated pollutant ( e. g. NOx) and not another ( e. g. NMOG) will qualify for a zero emission VMT allowance of 1.5.

( C) Additional Allowances for Qualifying HEVs. The Executive Officer shall approve an additional 0.1 zero emission VMT partial ZEV allowance for an HEV with an allelectric range if the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer that the HEV is equipped with software and/ or other strategies that would promote maximum use of off vehicle charging, and that the strategies employed are reasonably reliable and tamper proof.

( 4) PZEV Allowance for Advanced ZEV Componentry. A vehicle that meets the requirements of section 1962( c)( 2) may qualify for an advanced componentry PZEV allowance as provided in this section 1962( c)( 4). 1999 2003 ZEV Amendments 13 ( A) Use of High Pressure Gaseous Fuel or Hydrogen Storage System. A vehicle equipped with a high pressure gaseous fuel storage system capable of refueling at 3600 pounds per square inch or more and operating exclusively on this gaseous fuel shall qualify for an advanced componentry PZEV allowance of 0.2. A vehicle capable of operating exclusively on hydrogen stored in a high pressure system capable of refueling at 3600 pounds per square inch or more, or stored in nongaseous form, shall instead qualify for an advanced componentry PZEV allowance of 0.3.

( B) Use of a Qualifying HEV Electric Drive System.

1. Classification of HEVs. HEVs qualifying for additional allowances or allowances that may be used in the AT PZEV category are classified in one of five types of HEVs based on the criteria in the following table.

Characteristics Type A Type B Type C Type D Type E Electric Drive System Peak Power Output >= 4 kW >= 4 kW < 10 kW >= 10 kW >= 10 kW >= 50 kW Traction Drive System Voltage < 60 Volts >= 60 Volts < 60 Volts >= 60 Volts >= 60 volts Traction Drive Boost Yes Yes Yes Yes Yes Regenerative Braking Yes Yes Yes Yes Yes Idle Start/ Stop Yes Yes Yes Yes Yes 2. Type A HEVs. A 2008 or earlier model year PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type A HEV does not receive an additional allowance for meeting those criteria but generates credits that may be used in the AT PZEV category through the 2008 model year.

3. Type B HEVs. A 2008 or earlier model year PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type B HEV qualifies for an additional advanced componentry allowance of 0.2.

4. Type C HEVs. A 2011 or earlier model year PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type C HEV, and that is equipped with an advanced traction energy storage system   such as nickel metal hydride batteries, ultracapacitors, or other similar systems   with a design lifetime of at least 10 years, qualifies for an additional advanced componentry allowance of 0.2. 1999 2003 ZEV Amendments 14 5. Type D HEVs. A PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type D HEV qualifies for an additional advanced componentry allowance of 0.4 in the 2003 through 2011 model years, 0.35 in the 2012 through 2014 model years, and 0.25 in the 2015 and subsequent model years.

6. Type E HEVs. A PZEV that the manufacturer demonstrates to the reasonable satisfaction of the Executive Officer meets all of the criteria for a Type E HEV qualifies for an additional advanced componentry allowance of 0.5 in the 2003 through 2011 model years, 0.45 in the 2012 through 2014 model years, and 0.35 in the 2015 and subsequent model years.

7. Severability. In the event that all or part of section 1962( c)( 4)( B) 1. 6. is found invalid, the remainder of section 1962, including the remainder of section 1962( c)( 4)( B) 1. 6. if any, remains in full force and effect.

( 5) PZEV Allowance for Low Fuel Cycle Emissions. A vehicle that uses fuel( s) with very low fuel cycle emissions shall receive a PZEV allowance not to exceed 0.3 ( 0.15 in the case of an HEV that uses for propulsion any fuel that does not have very low fuel cycle emissions). In order to receive the fuel cycle PZEV allowance, a manufacturer must demonstrate to the Executive Officer, using peer reviewed studies or other relevant information, that NMOG emissions associated with the fuel( s) used by the vehicle ( on a grams/ mile basis) are lower than or equal to 0.01 grams/ mile. Fuel cycle emissions must be calculated based on near term production methods and infrastructure assumptions, and the uncertainty in the results must be quantified. The fuel cycle PZEV allowance is calculated according to the following formula:

PZEV Fuel Cycle Allowance = 0.3 x [( percent of VMT using fuel( s) meeting the requirements of the preceding paragraph) / 100]

A manufacturer's demonstration to the Executive Officer that a vehicle qualifies for a fuel cycle PZEV allowance shall include test results and/ or empirical data supporting the estimate of the relative proportion of VMT while operating on fuel( s) with very low fuel cycle emissions.

( 6) Combined PZEV Allowance.

( A) Calculation of Combined PZEV Allowance for a Vehicle. The combined PZEV allowance for a qualifying vehicle in a particular model year is the sum of the PZEV allowances listed in this section 1962( c)( 6), multiplied by any PZEV introduction phase in multiplier listed in section 1962( c)( 7), subject to the caps in section 1962( c)( 6)( B).

1. Baseline PZEV Allowance. The baseline PZEV allowance of 0.2 for vehicles meeting the criteria in section 1962( c)( 2); 1999 2003 ZEV Amendments 15 2. Zero Emission VMT PZEV Allowance. The zero emission VMT PZEV allowance, if any, determined in accordance with section 1962( c)( 3);

3. Advanced Componentry PZEV Allowance. The advanced ZEV componentry ZEV allowance, if any, determined in accordance with section 1962( c)( 4); and 4. Fuel Cycle Emissions PZEV Allowance. The fuel cycle emissions PZEV allowance, if any, determined in accordance with section 1962( c)( 5).

( B) Caps on the Value of an AT PZEV Allowance.

1. Cap for 2012 and Subsequent Model Year Vehicles. The maximum value of AT PZEV allowances a 2012 and subsequent model year vehicle may earn, including the baseline PZEV allowance, is 3.0.

2. Cap Based on the Credit Value of a Type III ZEV. In no case may the combined AT PZEV allowance for a qualifying vehicle in a particular model year, including the baseline PZEV allowance, exceed the ZEV credits for a Type III ZEV placed in service in the same model year.

( 7) PZEV Multipliers.

( A) PZEV Introduction Phase In Multiplier. Each 2000 through 2005 modelyear PZEV that is produced and delivered for sale in California, other than a PZEV qualifying for a phase in multiplier under section 1962( c)( 7)( B), qualifies for a PZEV introduction phase in multiplier as follows:

MY 2000 2003 MY 2004 MY 2005 Multiplier 4.0 2.0 1.33 ( B) Introduction Phase In Multiplier for PZEVs That Earn a Zero Emission VMT Allowance. Each 2000 through 2011 model year PZEV that earns a zero emission VMT allowance under section 1962( c)( 3) and is produced and delivered for sale in California qualifies for a phase in multiplier as follows:

MY 2000 2008 MY 2009 2011 Multiplier 6.0 3.0 ( d) Qualification for ZEV Multipliers and Credits.

( 1) 1996 1998 Model Year ZEV Multipliers.

( A) 1996 1998 Model Year ZEV Multiplier Based on Vehicle Range. 1996 1998 model year ZEVs shall qualify for a ZEV multiplier based on vehicle range as follows: 1999 2003 ZEV Amendments 16 Vehicle Range ( miles) ZEV Multiplier Model Years 1996 and 1997 Model Year 1998 2 any   100 3   70   130 Range shall be determined in accordance with section 9. f.( 2)( a) of the " California Exhaust Emission Standards and Test Procedures for 1988 Through 2000 Model Passenger Cars, Light Duty Trucks, and Medium Duty Vehicles," incorporated by reference in section 1960.1( k).

( B) 1996 1998 Model Year ZEV Multiplier Based on Specific Energy of Battery. 1996 1998 model year ZEVs shall qualify for a ZEV multiplier based on specific energy of the battery as follows:

ZEV Multiplier Specific Energy of Battery ( w hr/ kg)

2 any 3   40 ( C) Election of Multiplier. A 1996 1998 model year ZEV may qualify for a ZEV multiplier according to section 1962( d)( 1)( A) or section 1962( d)( 1)( B), but not both.

( 2) 1999 2000 Model Year ZEV Multiplier Calculation for Extended Electric Range Vehicles. Each ZEV that is produced and delivered for sale in California in the 1999 2000 model years and that has an extended electric range shall qualify for a ZEV multiplier as follows:

All electric range MY 1999 2000 100 175 6 10 ZEV multipliers under the above schedule will be determined by linear interpolation between the values shown in the above schedule. Range shall be determined in accordance with Section E. 3.( 2)( a) of the " California Exhaust Emission Standards and Test Procedures for 2003 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," incorporated by reference in section 1962( h). ZEVs that have a refueling time of less than 10 minutes and a range of 100 miles or more shall be counted as having unlimited all electric range, and shall consequently earn the maximum allowable ZEV multiplier for a specific model year. ZEVs that have a range of 80 to 99 miles shall qualify for ZEV multipliers in the 1999 2000 model years in accordance with the following equation:

ZEV multiplier = ( 6) x ( AER equivalent to a 10 minute recharge/ 100) x 0.5. 1999 2003 ZEV Amendments 17 As an option to the above mechanism, the manufacturer of a 1999 model year ZEV may elect to have its multiplier based on the regulatory requirements pertaining to multipliers based on range or specific energy in section 1960.1( g)( 2) and ( h)( 2). title 13, California Code of Regulations that were applicable to 1999 model year ZEVs immediately before this section 1962 became operative on November 27, 1999 as a result of the " LEV II" rulemaking.

( 3) ZEV Multipliers for 2001 2002 Model Years ( A) ZEV Phase In Multiplier. Each 2001 and 2002 model year ZEV that is placed in service in California by September 30, 2003 qualifies for a ZEV phase in multiplier of 4.0. A 2001 or 2002 model year ZEV that is placed in service in California after September 30, 2003 earns credits in accordance with section 1962( d)( 5) instead of section 1962( d)( 3).

( B) ZEV Extended Electric Range Multiplier.

1. Basic Multiplier Schedule. Each 2001 and 2002 model year ZEV that is placed in service in California and that has an extended urban electric range qualifies for a ZEV extended electric range multiplier as follows:

Urban All Electric Range Multiplier < 50 miles 1 > 50 miles to < 275 miles ( Urban AER 25)/ 25 > 275 miles 10 A NEV is not eligible to earn a ZEV extended electric range multiplier. In determining ZEV range multipliers, specialty ZEVs may, upon Executive Officer approval, be tested at the parameters used to determine the ZEV multipliers for the existing ZEV.

2. Fast refueling.

a. Full Fueling in 10 Minutes or Less. A 2001 2002 model year ZEV with the demonstrated capability to accept fuel or electric charge until achieving at least 95% SOC or rated fuel capacity in 10 minutes or less when starting from all operationally allowable SOC or fuel states is counted as having unlimited zero emission range and qualifies for the maximum allowable ZEV extended electric range multiplier.

b. At Least 60 Mile Range in Less Than 10 Minutes. A 2001 2002 model year ZEV with the demonstrated capacity to accept fuel or electric charge equivalent to at least 60 miles of UDDS range when starting from 20% SOC in less than 10 minutes is counted as having 60 additional miles ( up to a 275 mile maximum) of UDDS range in the range multiplier determination in section 1962( d)( 3)( C) 1.

( C) Combined ZEV Multiplier. During the 2001 2002 model years, the combined 1999 2003 ZEV Amendments 18 ZEV multiplier for each ZEV in a specific model year is the product of:

1. The ZEV phase in multiplier if any as set forth in section 1962( d)( 3)( A), times 2. The extended electric range multiplier if any as set forth in section 1962( d)( 3)( B).

( 4) Effect of ZEV Multipliers in the 1996 2002 Model Years. In calculating the number of ZEVs produced and delivered for sale in California by a manufacturer in the 1996 2002 model years and the ZEV credits from such vehicles, the number of ZEVs qualifying for a particular ZEV multiplier shall be multiplied by the combined ZEV multiplier.

( 5) ZEV Credits for 2003 and Subsequent Model Years.

( A) ZEV Tiers for Credit Calculations. Starting in the 2003 model year, ZEV credits from a particular ZEV are based on the assignment of a given ZEV into one of the following five ZEV tiers:

ZEV Tier Common Description UDDS ZEV Range Fast Refueling Capability NEV NEV No minimum N/ A Type 0 Utility EV < 50 miles N/ A Type I City EV >= 50, < 100 miles N/ A Type II Full Function EV >= 100 miles N/ A Type III Fuel Cell EV >= 100 miles Must be capable of replacing 95% maximum rated energy capacity in <= 10 minutes A specialty ZEV that has the same zero emission energy storage device and chassis as an existing ZEV from which it was modified may, upon Executive Officer approval, be categorized on the basis of that existing ZEV. A specialty vehicle that is optimized for a particular duty cycle that conflicts with optimization for maximum vehicle range may be promoted to the next higher ZEV tier upon a determination by the Executive Officer that the specialty vehicle has ZEV componentry equivalent to that utilized by ZEVs in the next tier and would meet the requirements for the next tier if optimized for maximum range.

( B) ZEV Credits for 2003 and Subsequent Model Year ZEVs. A 2003 and subsequent model year ZEV, other than a NEV, earns 1 ZEV credit when it is produced and delivered for sale in California. A 2003 and subsequent model year ZEV earns additional credits based on the earliest model year in which the ZEV is placed in service ( not earlier than the ZEV's model year). The following table identifies the credits that a ZEV in each of the five ZEV tiers 1999 2003 ZEV Amendments 19 will earn, including the credit not contingent on placement in service, if it is placed in service in the specified model year or by June 30 after the end of the specified model year.

Tier Model Year in Which ZEV is Placed in Service 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012+

NEV 1.25 0.625 0.625 0.15 0.15 0.15 0.15 0.15 0.15 0.15 Type 0 ( Utility) 1.5 1.5 1.5 1.5 1.5 1.5 1 1 1 1 Type 1 ( City) 8 8 8 7 7 7 2 2 2 2 Type II 12 12 12 10 10 10 3 3 3 3 Type III 40 40 40 40 40 40 4 4 4 3 ( C) Multiplier for Certain Type I and Type II ZEVs. A 2004 through 2011 model year Type I and Type II ZEV shall qualify for a multiplier of 1.25 if it is either sold to a motorist or is leased for three or more years to a motorist who is given the option to purchase or re lease the vehicle for two years or more at the end of the first lease term.

( D) Counting a Type III ZEV Placed in a Section 177 State. Through the 2011 model year, a Type III ZEV that is certified to the California ZEV standards and is placed in service in a state that is administering the California ZEV requirements pursuant to section 177 of the federal Clean Air Act ( 42 U. S. C. § 7507) applicable for the ZEV's model year may be counted towards compliance with the California percentage ZEV requirements in section 1962( b), including the requirements in section 1962( b)( 2)( B), as if it were delivered for sale and placed in service in California. Similarly, a 2011 and earlier model year Type III ZEV that is certified to the California ZEV standards and is placed in service in California may be counted towards the percentage ZEV requirements of any state that is administering the California ZEV requirements pursuant to section 177 of the federal Clean Air Act, including requirements based on section 1962( b)( 2)( B).

( e) [ Reserved]

( f) Extended Service Multiplier for 1997 2003 Model Year ZEVs and PZEVs With   10 Mile Zero Emission Range. Except in the case of a NEV, an additional ZEV or PZEV multiplier will be earned by the manufacturer of a 1997 through 2003 model year ZEV, or PZEV with   10 mile zero emission range, for each full year it is registered for operation on public roads in California beyond its first three years of service, through the 2011 calendar year. For additional years of service starting earlier than April 24, 2003, the manufacturer will receive 0.1 times the ZEV credit that would be earned by the vehicle if it were leased or sold new in that year, including multipliers, on a year by year basis beginning in the fourth year after the vehicle is 1999 2003 ZEV Amendments 20 initially placed in service. For additional years of service starting April 24, 2003 or later, the manufacturer will receive 0.2 times the ZEV credit that would be earned by the vehicle if it were leased or sold new in that year, including multipliers, on a year by year basis beginning in the fourth year after the vehicle is initially placed in service. The extended service multiplier is reported and earned in the year following each continuous year of service.

( g) Generation and Use of ZEV Credits; Calculation of Penalties ( 1) Introduction. A manufacturer that produces and delivers for sale in California ZEVs or PZEVs in a given model year exceeding the manufacturer's ZEV requirement set forth in section 1962( b) shall earn ZEV credits in accordance with this section 1962( g).

( 2) ZEV Credit Calculations.

( A) Credits from ZEVs. The amount of g/ mi ZEV credits earned by a manufacturer in a given model year from ZEVs shall be expressed in units of g/ mi NMOG, and shall be equal to the number of credits from ZEVs produced and delivered for sale in California that the manufacturer applies towards meeting the ZEV requirements for the model year subtracted from the number of ZEVs produced and delivered for sale in California by the manufacturer in the model year and then multiplied by the NMOG fleet average requirement for PCs and LDT1s for that model year.

( B) Credits from PZEVs. The amount of g/ mi ZEV credits from PZEVs earned by a manufacturer in a given model year shall be expressed in units of g/ mi NMOG, and shall be equal to the total number of PZEVs produced and delivered for sale in California that the manufacturer applies towards meeting its ZEV requirement for the model year subtracted from the total number of PZEV allowances from PZEVs produced and delivered for sale in California by the manufacturer in the model year and then multiplied by the NMOG fleet average requirement for PCs and LDT1s for that model year.

( C) Separate Credit Accounts. The number of credits from a manufacturer's [ i] ZEVs, [ ii] advanced technology PZEVs, and [ iii] all other PZEVs shall each be maintained separately.

( 3) ZEV Credits for MDVs and LDTs Other Than LDT1s. ZEVs and PZEVs classified as MDVs or as LDTs other than LDT1s may be counted toward the ZEV requirement for PCs and LDT1s, and included in the calculation of ZEV credits as specified in this section 1962( g) if the manufacturer so designates.

( 4) ZEV Credits for Advanced Technology Demonstration Programs. A vehicle, other than a NEV, that is placed in a California advanced technology demonstration program may earn ZEV credits even if it is not " delivered for sale." To earn such credits, the manufacturer must demonstrate to the reasonable satisfaction of the Executive Officer that the vehicles will be regularly used in applications appropriate to evaluate issues related to safety, infrastructure, fuel specifications or public education, and that for more than 50 percent of the first year of placement 1999 2003 ZEV Amendments 21 the vehicle will be situated in California. Such a vehicle is eligible to receive the same allowances and credits that it would have earned if placed in service. To determine vehicle credit, the modelyear designation for a demonstration vehicle shall be consistent with the model year designation for conventional vehicles placed in the same timeframe.

( 5) ZEV Credits for Transportation Systems.

( A) General. In model years 2001 through 2011, a ZEV, advanced technology PZEV or PZEV placed as part of a transportation system may earn additional ZEV credits, which may used in the same manner as other credits earned by vehicles of that category, except as provided in section ( g)( 5)( C) below. A NEV is not eligible to earn credit for transportation systems. To earn such credits, the manufacturer must demonstrate to the reasonable satisfaction of the Executive Officer that the vehicle will be used as a part of a project that uses an innovative transportation system as described in section ( g)( 5)( B) below.

( B) Credits Earned. In order to earn additional credit under this section ( g)( 5), a project must at a minimum demonstrate [ i] shared use of ZEVs, AT PZEVs or PZEVs, and [ ii] the application of " intelligent" new technologies such as reservation management, card systems, depot management, location management, charge billing and real time wireless information systems. If, in addition to factors [ i] and [ ii] above, a project also features linkage to transit, the project may receive further additional credit. For ZEVs only, not including NEVs, a project that features linkage to transit, such as dedicated parking and charging facilities at transit stations, but does not demonstrate shared use or the application of intelligent new technologies, may also receive additional credit for linkage to transit. The maximum credit awarded per vehicle shall be determined by the Executive Officer, based upon an application submitted by the manufacturer and, if appropriate, the project manager. The maximum credit awarded shall not exceed the following:

Type of Vehicle Shared Use, Intelligence Linkage to Transit PZEV 2 1 Advanced Technology PZEV 4 2 ZEV 6 3 ( C) Cap on Use of Credits.

1. ZEVs. Credits earned or allocated by ZEVs pursuant to this section ( g)( 5), not including all credits earned by the vehicle itself, may be used to satisfy up to one tenth of a manufacturer's ZEV obligation in any given model year.

2. AT PZEVs. Credits earned or allocated by AT PZEVs pursuant to this section ( g)( 5), not including all credits earned by the vehicle itself, may be used to satisfy up to one twentieth of a manufacturer's ZEV obligation in any given model year, but may only be used in the same manner as other credits earned by vehicles of that category. 1999 2003 ZEV Amendments 22 3. PZEVs. Credits earned or allocated by PZEVs pursuant to this section ( g)( 5), not including all credits earned by the vehicle itself, may be used to satisfy up to one fiftieth of the manufacturer's ZEV obligation in any given model year, but may only be used in the same manner as other credits earned by vehicles of that category.

( D) Allocation of Credits. Credits shall be assigned by the Executive Officer to the project manager or, in the absence of a separate project manager, to the vehicle manufacturers upon demonstration that a vehicle has been placed in a project. Credits shall be allocated to vehicle manufacturers by the Executive Officer in accordance with a recommendation submitted in writing by the project manager and signed by all manufacturers participating in the project, and need not be allocated in direct proportion to the number of vehicles placed.

( 6) Submittal of ZEV Credits. A manufacturer may meet the ZEV requirements in any given model year by submitting to the Executive Officer a commensurate amount of g/ mi ZEV credits, consistent with section 1962( b). These credits may be earned previously by the manufacturer or acquired from another party, except that beginning with the 2006 model year credits earned from NEVs offered for sale or placed in service in model years 2001 through 2005 cannot be used to satisfy more than the following portion of a manufacturer's percentage ZEV obligation that may only be satisfied with credits from ZEVs and, starting with the 2009 model year, the manufacturer's percentage ZEV obligation that may be satisfied by credits from AT PZEVs but not PZEVs:

ZEV Category AT PZEV Category 2006 2007 and beyond 2009 2010 and beyond 75% 50% 75% 50%

This limitation applies to credits earned in model years 2001 through 2005 by the same manufacturer or earned in model years 2001 through 2005 by another manufacturer and acquired. The amount of g/ mi ZEV credits required to be submitted shall be calculated according to the criteria set forth in this section 1962( g).

( 7) Requirement to Make Up a ZEV Deficit.

( A) General. A manufacturer that produces and delivers for sale in California fewer ZEVs than required in a given model year shall make up the deficit by the end of the next model year by submitting to the Executive Officer a commensurate amount of g/ mi ZEV credits, except that credits generated from PZEVs may be used to offset deficits for two model years. The amount of g/ mi ZEV credits required to be submitted shall be calculated by [ i] adding the number of ZEVs produced and delivered for sale in California by the manufacturer for the model year to the number of ZEV allowances from partial ZEV allowance vehicles produced and delivered for sale in California by the manufacturer for the model year ( for a large volume manufacturer, not to exceed that permitted under section 1962( b)( 2)), [ ii] subtracting that total from the number of ZEVs required to be produced and delivered for sale in California by the 1999 2003 ZEV Amendments 23 manufacturer for the model year, and [ iii] multiplying the resulting value by the fleet average requirements for PCs and LDT1s for the model year in which the deficit is incurred.

( 8) Penalty for Failure to Meet ZEV Requirements. Any manufacturer that fails to produce and deliver for sale in California the required number of ZEVs or submit an appropriate amount of g/ mi ZEV credits and does not make up ZEV deficits within the specified time period shall be subject to the Health and Safety Code section 43211 civil penalty applicable to a manufacturer that sells a new motor vehicle that does not meet the applicable emission standards adopted by the state board. The cause of action shall be deemed to accrue when the ZEV deficits are not balanced by the end of the specified time period. For the purposes of Health and Safety Code section 43211, the number of vehicles not meeting the state board's standards shall be calculated according to the following equation, provided that the percentage of a large volume manufacturer's ZEV requirement for a given model year that may be satisfied with partial ZEV allowance vehicles or ZEV credits from such vehicles may not exceed the percentages permitted under section 1962( b)( 2)( A):

( No. of ZEVs required to be produced and delivered for sale in California for the model year)  ( No. of ZEVs produced and delivered for sale in California for the model year)  ( No. of ZEV allowances from partial ZEV allowance vehicles produced and delivered for sale in California for the model year)  [( Amount of ZEV credits submitted for the model year) / ( the fleet average requirement for PCs and LDT1s for the model year)].

( h) Test Procedures. The certification requirements and test procedures for determining compliance with this section 1962 are set forth in " California Exhaust Emission Standards and Test Procedures for 2005 and Subsequent Model Zero Emission Vehicles, and 2001 and Subsequent Model Hybrid Electric Vehicles, in the Passenger Car, Light Duty Truck and Medium Duty Vehicle Classes," adopted by the state board on August 5, 1999, and last amended December 19, 2003, which is incorporated herein by reference.

( i) ZEV Specific Definitions. The following definitions apply to this section 1962.

( 1) " Advanced technology PZEV" or " AT PZEV" means any PZEV with an allowance greater than 0.2 before application of the PZEV early introduction phase in multiplier.

( 2) " Battery electric vehicle" means any vehicle that operates solely by use of a battery or battery pack, or that is powered primarily through the use of an electric battery or battery pack but uses a flywheel or capacitor that stores energy produced by the electric motor or through regenerative braking to assist in vehicle operation.

( 2.5) " Electric drive system" means an electric motor and associated power electronics which provide acceleration torque to the drive wheels sometime during normal vehicle operation. This does not include components that could act as a motor, but are configured to act only as a generator or engine starter in a particular vehicle application. 1999 2003 ZEV Amendments 24 ( 3) " Neighborhood electric vehicle" means a motor vehicle that meets the definition of Low Speed Vehicle either in section 385.5 of the Vehicle Code or in 49 CFR 571.500 ( as it existed on July 1, 2000), and is certified to zero emission vehicle standards.

( 4) " Placed in service" means having been sold or leased to an end user and not to a dealer or other distribution chain entity, and having been individually registered for on road use by the California Department of Motor Vehicles.

( 4.5) " Regenerative braking" means the partial recovery of the energy normally dissipated into friction braking that is returned as electrical current to an energy storage device.

( 5) " Specialty ZEV" means a ZEV that is designed for a commercial or governmental fleet application, and either [ i] has the same zero emissions energy storage device and chassis as an existing ZEV from which it is modified, or [ ii] in the case of a vehicle that is not based on an existing ZEV platform, is optimized for a particular duty cycle, such as urban delivery service, that conflicts with optimization for maximum vehicle range.

( 6) " Type 0, I, II, and III ZEV" all have the meanings set forth in section 1962( d)( 5)( A).

( j) Abbreviations. The following abbreviations are used in this section 1962:

" AER" means all electric range. " BEV" means battery electric vehicle. " HEV" means hybrid electric vehicle. " LDT" means light duty truck. " LDT1" means a light truck with a loaded vehicle weight of 0 3750 pounds. " LDT2" means a " LEV II" light duty truck with a loaded vehicle weight of 3751 pounds to a gross vehicle weight of 8500 pounds, or a " LEV I" light duty truck with a loaded vehicle weight of 3751 5750 pounds. " MDV" means medium duty vehicle. " Non Methane Organic Gases" or " NMOG" means the total mass of oxygenated and nonoxygenated hydrocarbon emissions. " MY" means model year. " NEV" means neighborhood electric vehicle. " NOx" means oxides of nitrogen. " PC" means passenger car. " PZEV" means any vehicle that is delivered for sale in California and that qualifies for a partial ZEV allowance of at least 0.2. " SOC" means state of charge. " SULEV" means super ultra low emission vehicle. " UDDS" means urban dynamometer driving cycle. " ULEV" means ultra low emission vehicle. " VMT" means vehicle miles traveled. " ZEV" means zero emission vehicle. 1999 2003 ZEV Amendments 25 ( k) Severability. Each provision of this section is severable, and in the event that any provision of this section is held to be invalid, the remainder of this article remains in full force and effect.

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, 43104 and 43105, Health and Safety Code. Reference: Sections 39002, 39003, 39667, 43000, 43009.5, 43013, 43018, 43100, 43101, 43101.5, 43102, 43104, 43105, 43106, 43204, and 43205.5, Health and Safety Code.

§ 1900. Definitions.

( a) The definitions in this section supplement and are governed by the definitions set forth in chapter 2 ( commencing with section 39010), part 1, division 26 of the Health and Safety Code. The definitions set forth in the applicable model year new vehicle certification and assembly line test procedures adopted in this chapter are hereby incorporated by reference.

( b) In addition to the definitions incorporated under subdivision ( a), the following definitions shall govern the provisions of this chapter.

* * * * *

( 18) " Small volume manufacturer" means, with respect to the 2001 and subsequent model years, a manufacturer with California sales less than 4,500 new passenger cars, light duty trucks, medium duty vehicles, heavy duty vehicles and heavy duty engines based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification; however, for manufacturers certifying for the first time in California modelyear sales shall be based on projected California sales. A manufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as California sales of the marketing manufacturer. For purposes of compliance with the zeroemission vehicle requirements, heavy duty vehicles and engines shall not be counted as part of a manufacturer's sales. For purposes of applying the 2003 and subsequent model year zeroemission vehicle requirements for small volume manufacturers under section 1962( b), the annual sales from different firms shall be aggregated in the case of ( 1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or ( 2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm.

( 19) " Intermediate volume manufacturer" means any pre 2001 model year manufacturer with California sales between 3,001 and 60,000 new light and medium duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; any 2001 through 2002 model year manufacturer with California sales between 4,501 and 60,000 new light and medium duty vehicles per model year based on the average number of vehicles sold by the manufacturer each model year from 1989 to 1993; and any 2003 1999 2003 ZEV Amendments 26 and subsequent model year manufacturer with California sales between 4,501 and 60,000 new light and medium duty vehicles based on the average number of vehicles sold for the three previous consecutive model years for which a manufacturer seeks certification. For a manufacturer certifying for the first time in California, model year sales shall be based on projected California sales. A manufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as California sales of the marketing manufacturer. For purposes of applying the 2003 and subsequent model year zero emission vehicle requirements for intermediate volume manufacturers under section 1962( b), the annual sales from different firms shall be aggregated in the case of ( 1) vehicles produced by two or more firms, each one of which either has a greater than 50% equity ownership in another or is more than 50% owned by another; or ( 2) vehicles produced by any two or more firms if a third party has equity ownership of greater than 50% in each firm.

( 20) " Large volume manufacturer" means any 2000 and subsequent model year manufacturer that is not a small volume manufacturer, or an independent low volume manufacturer, or an intermediate volume manufacturer.

( 21) " Independent low volume manufacturer" means a manufacturer with California annual sales of less than 10,000 new passenger cars, light duty trucks and medium duty vehicles following aggregation of sales pursuant to this section 1900( b)( 21). Annual sales shall be determined as the average number or sales sold for the three previous consecutive model years for which a manufacturer seeks certification; however, for a manufacturer certifying for the first time in California, annual sales shall be based on projected California sales for the model year. A manufacturer's California sales shall consist of all vehicles or engines produced by the manufacturer and delivered for sale in California, except that vehicles or engines produced by the manufacturer and marketed in California by another manufacturer under the other manufacturer's nameplate shall be treated as California sales of the marketing manufacturer. The annual sales from different firms shall be aggregated in the following situations:

( A) Vehicles produced by two or more firms, one of which is 10% or greater part owned by another;

( B) Vehicles produced by any two or more firms if a third party has equity ownership of 10% or more in each of the firms;

( C) Vehicles produced by two or more firms having a common corporate officer( s) who is ( are) responsible for the overall direction of the companies;

( D) Vehicles imported or distributed by all firms where the vehicles are manufactured by the same entity and the importer or distributor is an authorized agent of the entity.

Note: Authority cited: Sections 39600, 39601, 43013, 43018, 43101, and 43104 Health and Safety Code. Reference: Sections 39002, 39003, 39010, 39500, 40000, 43000, 43013, 43100, 43101, 43101.5, 43102, 1999 2003 ZEV Amendments 27 43104, 43106, and 43204, Health and Safety Code.


			  UNITED STATES OF AMERICA

		        DEPARTMENT OF TRANSPORTATION

			  OFFICE OF THE SECRETARY

			          WASHINGTON, D.C.

			Issued by the Department of Transportation on February 13, 2004

NOTICE OF ACTION TAKEN -- DOCKET OST-2002-14162 & Undocketed

________________________________________________________________________
________________________________________________________

This serves as notice to the public of the action described below, taken
by the Department official indicated (no additional confirming order
will be issued in this matter).

Applicant:  Vega Airlines Ltd.

Background:  On December 23, 2002, Vega applied for an exemption from 49
U.S.C. § 41301 in Docket OST-2002-14162 to conduct charter foreign air
transportation of property and mail between Bulgaria and the United
States, and other all-cargo charters pursuant to 14 CFR 212 of the
Department’s regulations. On April 9, 2003, Vega requested a statement
of authorization pursuant to 14 CFR 212 of the Department’s
regulations to conduct one one-way all-cargo charter flight between
Prestwick, UK, and China Lake Naval Air Warfare Center, CA, April 14,
2003, on behalf of Defense Contract Management Agency.  We received no
answers to either application.  On April 11, 2003, based on the Federal
Aviation Administration’s recommendation, we granted the exemption to
the extent it would enable Vega to conduct the Prestwick-China Lake
Naval Air Warfare Center flight, and approved the statement of
authorization (see Notice of Action Taken dated April 11, 2003, in
Docket OST-2002-14162).

Current request:  On February 11, 2004, Vega applied for a statement of
authorization pursuant to 14 CFR 212 of the Department’s regulations
to conduct one one-way all-cargo charter flight between Houston, TX, and
Malabo, Equatorial Guinea, February 14-17, 2004, on behalf of Marathon
Oil Company.

Applicant representative:  Mark Atwood<PHONE_NUMBER>	DOT analyst:
Shelita Smith<PHONE_NUMBER>

Responsive pleadings:  The applicant informed us that it had polled the
parties served with its February 11 application and that none objected
to our acting in advance of the normal answer date or to the merits of
the application itself.

	DISPOSITION

Action:  Approved, in part, exemption application in Docket
OST-2002-14162; Remainder deferred (see remarks below);

              Approved statement of authorization			Action date:
February 13, 2004

Effective dates of authority granted:  February 13-20, 2004

Basis for approval (bilateral agreement/reciprocity):  Reciprocity

Remarks:  We are granting Vega’s exemption application only to the
extent that enables it to conduct the one-way all-cargo charter flight
between Houston and Malabo.  We are so limiting this authority based on
the recommendation of the Federal Aviation Administration (FAA).  We are
deferring action on the remainder of Vega’s request in Docket
OST-2002-14162 (i.e., to conduct long-term cargo operations) pending
further advice from the FAA.

Except to the extent exempted/waived, this authority is subject to the
terms, conditions, and limitations indicated:

_X_ Standard exemption conditions (attached)

Action taken by:   Paul L. Gretch, Director

		      Office of International Aviation

________________________________________________________________________
____________________________________________________________

We found that the applicant was qualified to perform its proposed
operations.

Under authority assigned by the Department in its regulations, 14 CFR
Part 385, we found that  (1) our action was consistent with Department
policy; (2) grant of the authority was consistent with the public
interest; and (3) grant of the authority would not constitute a major
regulatory action under the Energy Policy and Conservation Act of 1975.
To the extent not granted/deferred/dismissed, we denied all requests in
the referenced Docket.  We may amend, modify, or revoke the authority
granted in this Notice at any time without hearing at our discretion.

Persons entitled to petition the Department for review of the action set
forth in this Notice under the Department’s regulations, 14 CFR
§385.30, may file their petitions within seven (7) days after the date
of issuance of this Notice.  This action was effective when taken, and
the filing of a petition for review will not alter such effectiveness.

An electronic version of this document is available on the World Wide
Web at:

http://dms.dot.gov//reports/reports_aviation.asp

Foreign Carrier Exemption Conditions

In the conduct of the operations authorized, the foreign carrier
applicant(s) shall:

(1)  Not conduct any operations unless it holds a currently effective
authorization from its homeland for such operations, and it has filed a
copy of such authorization with the Department;

(2)  Comply with all applicable requirements of the Federal Aviation
Administration, including, but not limited to, 14 CFR Parts 129, 91, and
36, and with all applicable U.S. Government requirements concerning
security.  To assure compliance with all applicable U.S. Government
requirements concerning security, the holder shall, before commencing
any new service (including charter flights) from a foreign airport that
would be the holder’s last point of departure for the United States,
contact its Principal Security Inspector (PSI) to advise the PSI of its
plans and to find out whether the Transportation Security Administration
has determined that security is adequate to allow such airport(s) to be
served;

(3)  Comply with the requirements for minimum insurance coverage
contained in 14 CFR Part 205, and, prior to the commencement of any
operations under this authority, file evidence of such coverage, in the
form of a completed OST Form 6411, with the Federal Aviation
Administration’s Program Management Branch (AFS-260), Flight Standards
Service (any changes to, or termination of, insurance also shall be
filed with that office);

(4)  Not operate aircraft under this authority unless it complies with
operational safety requirements at least equivalent to Annex 6 of the
Chicago Convention;

(5)  Conform to the airworthiness and airman competency requirements of
its Government for international air services;

(6)  Except as specifically exempted or otherwise provided for in a
Department Order, comply with the requirements of 14 CFR Part 203,
concerning waiver of Warsaw Convention liability limits and defenses;

(7)  Agree that operations under this authority constitute a waiver of
sovereign immunity, for the purposes of 28 U.S.C. 1605(a), but only with
respect to those actions or proceedings instituted against it in any
court or other tribunal in the United States that are: (a)  based on its
operations in international air transportation that, according to the
contract of carriage, include a point in the United States as a point of
origin, point of destination, or agreed stopping place, or for which the
contract of carriage was purchased in the United States; or (b)  based
on a claim under any international agreement or treaty cognizable in any
court or other tribunal of the United States.  In this condition, the
term "international air transportation" means "international
transportation" as defined by the Warsaw Convention, except that all
States shall be considered to be High Contracting Parties for the
purpose of this definition;

(8)  Except as specifically authorized by the Department, originate or
terminate all flights to/from the United States in its homeland;

(9)  Comply with the requirements of 14 CFR Part 217, concerning the
reporting of scheduled, nonscheduled, and charter data;

(10) If charter operations are authorized, except as otherwise provided
in the applicable aviation agreement, comply with the Department's rules
governing charters (including 14 CFR Parts 212 and 380); and

(11) Comply with such other reasonable terms, conditions, and
limitations required by the public interest as may be prescribed by the
Department, with all applicable orders or regulations of other U.S.
agencies and courts, and with all applicable laws of the United States.

This authority shall not be effective during any period when the holder
is not in compliance with the conditions imposed above.  Moreover, this
authority cannot be sold or otherwise transferred without explicit
Department approval under Title 49 of the U.S. Code.

 We also granted Vega similar authority on previous occasions.  See
Notice of Action Taken dated  April 11, 2003,

in Docket OST-2002-14162 at 1, n. 1.

08/2003


[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Page 63486]
[FR Doc No: 2013-24933]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[Internal Agency Docket No. FEMA-4116-DR; Docket ID FEMA-2013-0001]

Illinois; Amendment No. 7 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for State of Illinois (FEMA-4116-DR), dated May 10, 2013, and related
determinations.

DATES: Effective Date: October 4, 2013.

FOR FURTHER INFORMATION CONTACT: Dean Webster, Office of Response and
Recovery, Federal Emergency Management Agency, 500 C Street SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The Federal Emergency Management Agency
(FEMA) hereby gives notice that pursuant to the authority vested in the
Administrator, under Executive Order 12148, as amended, David
Samaniego, of FEMA is appointed to act as the Federal Coordinating
Officer for this disaster.
    This action terminates the appointment of W. Michael Moore as
Federal Coordinating Officer for this disaster.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora Brown Fund; 97.032, Crisis Counseling;
97.033, Disaster Legal Services; 97.034, Disaster Unemployment
Assistance (DUA); 97.046, Fire Management Assistance Grant; 97.048,
Disaster Housing Assistance to Individuals and Households In
Presidentially Declared Disaster Areas; 97.049, Presidentially
Declared Disaster Assistance--Disaster Housing Operations for
Individuals and Households; 97.050, Presidentially Declared Disaster
Assistance to Individuals and Households--Other Needs; 97.036,
Disaster Grants--Public Assistance (Presidentially Declared
Disasters); 97.039, Hazard Mitigation Grant.)

W. Craig Fugate,
Administrator, Federal Emergency Management Agency.
[FR Doc. 2013-24933 Filed 10-23-13; 8:45 am]
BILLING CODE 9111-23-P


[Federal Register Volume 76, Number 20 (Monday, January 31, 2011)]
[Rules and Regulations]
[Pages 5274-5276]
[FR Doc No: 2011-1928]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R04-OAR-2010-0811-201101, FRL-9259-7]

Removal of Limitation of Approval of Prevention of Significant
Deterioration Provisions Concerning Greenhouse Gas Emitting-Sources in
State Implementation Plans; Mississippi

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is amending its regulations to remove language which
narrowed its previous approval of Mississippi's New Source Review (NSR)
Prevention of Significant Deterioration (PSD) program regarding
emission thresholds for determining which new stationary sources and
modification projects become subject to Mississippi's PSD permitting
requirements for their greenhouse gas (GHG) emissions. On December 9,
2010, the State of Mississippi, through the Mississippi Department of
Environmental Quality (MDEQ), provided a revision to its State
Implementation Plan (SIP) to establish appropriate thresholds for
determining which new stationary sources and modification projects
become subject to permitting requirements for GHG emissions in
Mississippi. EPA has taken final action to approve Mississippi's
December 9, 2010, SIP revision, and this makes EPA's narrowing of its
previous approval of Mississippi's PSD program as it relates to GHG
permitting thresholds unnecessary. Today's action removes the
regulatory language related to the narrowing action that is no longer
applicable to Mississippi as a result of EPA's approval of
Mississippi's December 9, 2010, SIP revision. Because this action is
ministerial, EPA is applying the ``good cause'' exemption from public
notice and comment requirements under the Administrative Procedure Act
(APA).

DATES: This action is effective January 31, 2011.

ADDRESSES: EPA has established a docket for this action under Docket

Identification No. EPA-R04-OAR-2010-0811. All documents in the docket
are listed on the http://www.regulations.gov Web site. Although listed
in the index, some information is not publicly available, i.e.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either electronically through http://www.regulations.gov or
in hard copy at the Regulatory Development Section, Air Planning
Branch, Air, Pesticides and Toxics Management Division, U.S.
Environmental Protection Agency, Region 4, 61 Forsyth Street, SW.,
Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you
contact the person listed in the FOR FURTHER INFORMATION CONTACT
section to schedule your inspection. The Regional Office's official
hours of business are Monday through Friday, 8:30 to 4:30, excluding
Federal holidays.

FOR FURTHER INFORMATION CONTACT: Lynorae Benjamin, Regulatory
Development Section, Air Planning Branch, Air, Pesticides and Toxics
Management Division, Region 4, U.S. Environmental Protection Agency, 61
Forsyth Street, SW., Atlanta, Georgia 30303-8960. The telephone number
is<PHONE_NUMBER>. Ms. Benjamin can also be reached via electronic mail
at<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. What is today's action?
II. When is today's action effective?
III. Statutory and Executive Order Reviews

I. What is today's action?

    On December 30, 2010, EPA published a final rule entitled
``Limitation of Approval of Prevention of Significant Deterioration
Provisions Concerning Greenhouse Gas Emitting-Sources in State
Implementation Plans.'' See 75 FR 82536 (Narrowing Rule). This action
narrowed EPA's previous approval of PSD programs as applicable to GHG-
emitting sources in SIPs in 24 States, including Mississippi.
Specifically, in the Narrowing Rule, EPA withdrew its previous approval
of those programs to the extent they apply PSD to GHG-emitting sources
below the thresholds in EPA's Tailoring Rule (75 FR 31514). Having
narrowed its prior approval, EPA asked that each affected State
withdraw from EPA consideration the part of its SIP that was no longer
approved, and stated that approval of a SIP revision incorporating the
Tailoring Rule thresholds into a SIP would count as removing these no-
longer-approved provisions.
    On December 9, 2010, the State of Mississippi, through MDEQ,
provided a revision to its SIP to incorporate changes to Mississippi's
air quality regulations, APC-S-5--Regulations for Prevention of
Significant Deterioration of Air Quality, to establish appropriate
emission thresholds, consistent with EPA's Tailoring Rule, for
determining which new stationary sources and modification projects
become subject to Mississippi's PSD permitting requirements for their
GHG emissions. On December 29, 2010, EPA approved Mississippi's
December 9, 2010, SIP revision, effective January 2, 2011. See 75 FR
81858. As a result of EPA's approval of Mississippi's changes to its
air quality regulations to incorporate the appropriate thresholds for
GHG permitting applicability into Mississippi's SIP, paragraph (b) in
Section 52.1272 of 40 CFR part 52, as included in EPA's Narrowing
Rule--which applies the Narrowing Rule to Mississippi's SIP--is no
longer necessary. The current action removes the approval narrowing
language relating to Mississippi's SIP from the CFR to reflect that, to
the extent the Narrowing Rule withdrew EPA approval from any provisions
in the Mississippi SIP, those provisions have been removed from the SIP
and thus the narrowing language in 40 CFR 52.1272(b) now serves no
purpose. EPA is publishing this rulemaking to amend Section 52.1272 of
40 CFR part 52 to remove this unnecessary regulatory language.

II. When is today's action effective?

    This action removes content from the CFR that now serves no purpose
because EPA has approved Mississippi's SIP revision to establish
thresholds for GHG permitting applicability consistent with EPA's
Tailoring Rule. This is a ministerial but necessary action on the part
of EPA. EPA has determined that today's action falls under the ``good
cause'' exemption in section 553(b)(3)(B) of the APA. That provision
authorizes agencies, upon finding ``good cause,'' to dispense with
public notice and participation where they are impracticable,
unnecessary, or contrary to the public interest. EPA finds that it is
unnecessary to provide public notice prior to finalizing this action,
or to provide an opportunity for public comment on this action, because
this action does not establish any new regulatory requirements, but
instead merely removes language contained in 40 CFR 52.53 that no
longer serves any purpose.
    EPA also finds that there is good cause under APA section 553(d)(3)
for this action to become effective on the date of publication. Section
553(d)(3) of the APA allows an effective date less than 30 days after
publication ``as otherwise provided by the agency for good cause found
and published with the rule.'' 5 U.S.C. 553(d)(3). The purpose of the
30-day waiting period prescribed in APA section 553(d)(3) is to give
affected parties a reasonable time to adjust their behavior and prepare
before the final rule takes effect. Today's rule, however, does not
create any new regulatory requirements such that affected parties would
need time to prepare before the rule takes effect. Rather, today's
action merely removes language contained in 40 CFR 52.1272 that no
longer serves any purpose. For this reason, EPA finds good cause under
APA section 553(d)(3) for this action to become effective on the date
of publication.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
removes unnecessary language contained in 40 CFR 52.1272 related to
Mississippi's SIP, and imposes no new requirements. Accordingly, the
Administrator certifies that this rule will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this rule
removes unnecessary language contained in 40 CFR 52.1272 related to
Mississippi's SIP, and does not impose any new enforceable duty, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4).
    This rule also does not have Tribal implications because it will
not have a substantial direct effect on one or more Indian Tribes, on
the relationship between the Federal Government and Indian Tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian Tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This rule also does not have Federalism

implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This rule removes unnecessary language
contained in 40 CFR 52.1272 related to Mississippi's SIP, and does not
alter the relationship or the distribution of power and
responsibilities established in the Clean Air Act (CAA). This rule also
is not subject to Executive Order 13045 ``Protection of Children from
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,
1997), because it is not economically significant. In addition, this
rule does not involve technical standards, thus the requirements of
section 12(d) of the National Technology Transfer and Advancement Act
of 1995 (15 U.S.C. 272 note) do not apply. This rule also does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
    The Congressional Review Act, 5 U.S.C. section 801 et seq., as
added by the Small Business Regulatory Enforcement Fairness Act of
1996, generally provides that before a rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. EPA will submit a report containing this
rule and other required information to the U.S. Senate, the U.S. House
of Representatives, and the Comptroller General of the United States
prior to publication of the rule in the Federal Register. A major rule
cannot take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by April 1, 2011. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See CAA section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Greenhouse gases,
Incorporation by reference, Intergovernmental relations, Ozone,
Volatile organic compounds, and Reporting and recordkeeping
requirements.

    Dated: January 20, 2011.
A. Stanley Meiburg,
Acting Regional Administrator, Region 4.

    40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart Z--Mississippi

0
2. Section 52.1272 is revised to read as follows:

Sec.  52.1272  Approval status.

    With the exceptions set forth in this subpart, the Administrator
approves Mississippi's plan for the attainment and maintenance of
national standards under section 110 of the Clean Air Act. Furthermore,
the Administrator finds the plans satisfy all requirements of Part D,
Title I, of the Clean Air Act as amended in 1977.

[FR Doc. 2011-1928 Filed 1-28-11; 8:45 am]
BILLING CODE 6560-50-P